Department of Agriculture October 2023 – Federal Register Recent Federal Regulation Documents
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Economic Adjustment Assistance for Textile Mills
The Agricultural Marketing Service (AMS) revises the regulation providing guidance for domestic manufacturers that consume Upland Cotton and voluntarily participate in the Economic Adjustment Assistance for Textile Mills Program. The revisions add definitions and codify certain participant responsibilities currently outlined in the existing user Agreement. The changes made by this rule are intended to strengthen management controls that have been added into the Agreement to prevent fraud, waste, and abuse. This action provides the necessary legal support for program administration.
Horse Protection; Licensing of Designated Qualified Persons and Other Amendments; Withdrawal
The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) is withdrawing a final rule that was filed for public inspection by the Office of the Federal Register on January 19, 2017, in advance of publication, amending the Agency's Horse Protection Act regulations (the 2017 HPA final rule). On January 23, 2017, APHIS withdrew the 2017 HPA final rule from publication without undertaking notice and comment procedures, in accordance with a memorandum that was issued by the Executive Office of the President on January 20, 2017. However, following a lawsuit, the U.S. Court of Appeals for the District of Columbia Circuit found this withdrawal to be deficient. The District Court subsequently ordered that USDA could remedy this deficiency by undertaking notice and comment procedures on the proposed withdrawal. APHIS therefore issued a notice of proposed rulemaking to withdraw the 2017 HPA final rule, and we are finalizing that withdrawal based on the comments received.
Notice of Availability of the Programmatic Environmental Assessment for AMS Local Meat Capacity Grant Program
The Agricultural Marketing Service (AMS) announces that the Draft Programmatic Environmental Assessment (PEA) for the Local Meat Capacity Grant Program (Local MCap) is available for public review and comments.
Notice of Funds Availability; Emergency Relief Program 2022 (ERP 2022)
The Farm Service Agency (FSA) is issuing this notice announcing ERP 2022, which will provide payments to eligible crop producers for losses due to qualifying disaster events including wildfires, hurricanes, floods, derechos, excessive heat, tornadoes, winter storms, freeze (including a polar vortex), smoke exposure, excessive moisture, qualifying drought, and related conditions that occurred in calendar year 2022. ERP 2022 will be administered through 2 tracks (referred to as Track 1 and Track 2). Track 1 will assist eligible crop producers who received indemnities for eligible crop or tree losses through certain Federal crop insurance policies or payments for crop losses through the Noninsured Crop Disaster Assistance Program (NAP). Track 2 will assist eligible crop producers for other eligible crop and tree losses through a revenue-based approach.
Notice of a Revision to a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Utilities Service's (RUS or Agency), an agency within the United States Department of Agriculture, Rural Development, intention to request a revision to a currently approved information collection package for the Rural Energy Savings Program (RESP). In accordance with the Paperwork Reduction Act of 1995, the Agency invites comments on this information collection for which it intends to request approval from the Office of Management and Budget (OMB).
Urban Agriculture and Innovative Production Advisory Committee Meeting
The Natural Resources Conservation Service (NRCS) will hold a public meeting of the Urban Agriculture and Innovative Production Advisory Committee (UAIPAC). UAIPAC will convene to discuss proposed recommendations for the Secretary of Agriculture on the development of policies and outreach relating to urban, indoor, and other emerging agriculture production practices. UAIPAC is authorized under the Agriculture Improvement Act of 2018 (2018 Farm Bill) and operates in compliance with the Federal Advisory Committee Act, as amended.
Long-Term Financial Assurance for Mining
The Forest Service is amending its locatable minerals rules to provide mine operators with a broader array of options for securing financial assurance for funding reclamation work. Locatable mineral operations on National Forest System lands must be conducted to minimize adverse environmental impacts on National Forest surface resources, which often includes reclamation at the conclusion of operations. Current regulations provide that the Forest Service may require the operator to furnish a ``bond'' to fund reclamation work. However, the financial assurance mechanisms are limited to surety bonds, cash, and negotiable securities. This rule will expand those options. It does not change requirements for surface resource and environmental protection. Rather, it provides additional options for obtaining the financial assurance necessary to be sure that those requirements will be met.
Walnuts Grown in California; Decreased Assessment Rate
This proposed rule would implement a recommendation from the California Walnut Board (Board) to decrease the assessment rate established for the 2023-2024 and subsequent marketing years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request approval, from the Office of Management and Budget (OMB), for an extension of and revision to the currently approved information collection for report forms under the Federal milk marketing order program.
Agency Information Collection Activities: Comment Request
In accordance with the Paperwork Reduction Act of 1995, ERS is proposing a new information collection to study farmers' practices and participation in cover crops, ``Corn and Soybean Grower Survey.''
National Advisory Committee on Microbiological Criteria for Foods: Public Meeting
This notice is announcing that the National Advisory Committee on Microbiological Criteria for Foods (NACMCF) will hold a virtual public meeting from November 14, 2023, through November 16, 2023. The NACMCF Secretariat will introduce newly appointed members for the 2023- 2025 Committee term and introduce a new charge from FSIS on genomic characterization of pathogens. Also, the Committee will continue working on the response to the U.S. Food and Drug Administration's (FDA) Cronobacter spp. in Powdered Infant Formula charge.
Performance Review Board Membership
This notice announces the members of the Senior Executive Service (SES) and Senior Level (SL) and Scientific and Professional (ST) Performance Review Boards (PRB). Agriculture has two PRBs with representatives from each USDA Mission Area. The PRBs are comprised of the Chairpersons and a mix of career and noncareer senior executives and senior professionals that meet annually to review and evaluate performance appraisal documents. The PRB provides a written recommendation to the Secretary for final approval of each executive's performance rating, performance-based pay adjustment, and performance award. The PRBs are advised by the Office of Human Resources Management, Office of General Counsel, and Office of the Assistant Secretary for Civil Rights to ensure compliance with laws and regulations.
Notice of Funding Opportunity for Calendar Year 2022 Disaster Circuit Rider Technical Assistance Grants Program; Water and Environmental Programs; Extension of Submission Deadline
The Rural Utilities Service (RUS or the Agency), a Rural Development (RD) mission area of the United States Department of Agriculture (USDA), announced its acceptance of applications under the Calendar Year (CY) 2022 Disaster Circuit Rider Technical Assistance (CY 2022 Disaster CRTA) Grants Program in a Notice of Funding Opportunity (NOFO) in the Federal Register on September 28, 2023. This notice is extending the date by which applications can be submitted through grants.gov.
Agency Information Collection Activities: Proposed Collection; Comment Request-Generic Clearance for FNS Quick Response Surveys (FNS QRS)
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a revision of a currently approved collection to conduct short, quick-turnaround surveys of State and local agencies providing food, education, and other services in the Supplemental Nutrition Assistance Program, Child Nutrition Programs, and Supplemental Nutrition and Safety Programs administered at the federal level by the Food and Nutrition Service (FNS). These programs include the Supplemental Nutrition Assistance Program (SNAP), Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); National School Lunch Program (NSLP); School Breakfast Program (SBP); Special Milk Program (SMP); Fresh Fruit and Vegetable Program (FFVP); Summer Food Service Program (SFSP); Summer EBT (SEBT); Team Nutrition; the Patrick Leahy Farm to School Program; the Child and Adult Care Food Program (CACFP); USDA Foods in Schools; Food Distribution Program on Indian Reservations (FDPIR); The Emergency Food Assistance Program (TEFAP); and the Commodity Supplemental Food Program (CSFP).
Changes Related to Insurance Requirements in Multi-Family Housing (MFH) Direct Loan and Grant Programs
The Rural Housing Service (RHS or the Agency), a Rural Development (RD) agency of the United States Department of Agriculture (USDA), proposes to amend its regulation to implement changes related to insurance requirements under the Multi-Family Housing (MFH) Direct Loan and Grant programs. The intent of this proposed rule is to align RD insurance coverage types, amounts, and deductibles with affordable housing industry standards to simplify the coverage amounts, deductible limits, and improve the customer experience with updated and understandable insurance requirements.
Land Between the Lakes Advisory Board
The Land Between the Lakes (LBL) Advisory Board (Board) will hold a public meeting according to the details shown below. The Board is authorized under the Charter for the Land Between the Lakes Advisory Board and managed in accordance with the Federal Advisory Committee Act (FACA). The purpose of the Board is to advise the Secretary of Agriculture on means of promoting public participation for the land and resource management plan for the Recreation Area; environmental education; an annual work plan for recreation and environment education areas in the Recreation Area, including the heritage program, with the non-appropriated amounts in the Land Between the Lakes Management Fund; an annual forest management and harvest plan for the Recreation Area; and the Land Between the Lakes Management Fund.
Notice of Request for Approval of an Information Collection; Comprehensive Aquaculture Health Program; Use of MI-CO Application
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request approval of a new information collection associated with the use of a mobile application to collect certain information needed to manage a comprehensive aquaculture health program.
Addition of the Federal Democratic Republic of Nepal to the List of Regions Affected by African Swine Fever
We are advising the public that we have added the Federal Democratic Republic of Nepal to the Animal and Plant Health Inspection Service (APHIS) list maintained on the APHIS website of regions considered to be affected with African swine fever (ASF). We have taken this action because of the confirmation of ASF in the Federal Democratic Republic of Nepal.
60-Day Notice of Proposed Information Collection: Rural Economic Development Loan and Grant Program; OMB Control No.: 0570-0035
In accordance with the Paperwork Reduction Act of, the United States Department of Agriculture (USDA) Rural Business-Cooperative Service (RBCS) announces its' intention to request a revision of a currently approved information collection and invites comments on this information collection.
Notice of Request for Revision to and Extension of Approval of an Information Collection; Importation of Animals and Poultry, Animal and Poultry Products, Certain Animal Embryos, Semen, and Zoological Animals
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a revision to and extension of approval of an information collection associated with the importation of animals and poultry, animal and poultry products, certain animal embryos, semen, and zoological animals.
Northwest Forest Plan Area Advisory Committee
The Northwest Forest Plan Area Advisory Committee will hold a public meeting according to the details shown below. The Committee is authorized under the National Forest Management Act (the Act) and operates in compliance with the Federal Advisory Committee Act (FACA). The purpose of the Committee is to provide advice and pragmatic recommendations regarding potential regional scale land management planning approaches and solutions in the Northwest Forest Plan Area within the context of the 2012 planning rule.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request an extension and revision to the approved forms and information collection for marketing orders covering various vegetables and specialty crops.
Notice of an Extension to an Existing Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Utilities Service's (RUS or Agency), an agency within the United States Department of Agriculture, Rural Development, intention to request an extension to an existing information collection package for the Special Servicing of Telecommunications Programs Loans for Financially Distressed Borrowers. The Telecommunications Infrastructure Loan Program, Rural Broadband Program, Distance Learning and Telemedicine Program, and the Rural eConnectivity Program (hereinafter collectively referred to as the ``RUS Telecommunications Programs'') provide loan funding to build and expand broadband and telecommunications services in rural communities.
Agency Information Collection Activities: Employment and Training Opportunities in the Supplemental Nutrition Assistance Program
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a revision of a currently approved collection. This information collection includes the requirement for case management services to individuals participating in Supplemental Nutrition Assistance Program (SNAP) Employment and Training (E&T) program as mandated by the Food and Nutrition Act of 2008 (FNA), as amended. The current information collection also includes four other provisions of the FNA and SNAP regulations that are being merged into other existing information collections. Those provisions include State agencies notifying individuals who have been determined ill-suited by an E&T provider for a particular E&T component; State agency notification to inform Able- bodied Adults without Dependents (ABAWD) about work requirements and the ABAWD time limit through a written notice and oral explanation; the requirement that State agencies inform SNAP households not otherwise exempt from the general work requirements in writing of available employment and training services at the time of recertification if these individuals are members of households that contain at least one adult, with no elderly or disabled individuals, and with no earned income at the their last recertification or required report; and the addition of four data elements to the FNS-583 reports (SNAP Employment and Training Program Activity Report).
60-Day Notice of Proposed Information Collection: Lien Accommodation and Subordination Policy; OMB Control No.: 0572-0126
In accordance with the Paperwork Reduction Act of 1995, the United States Department of Agriculture (USDA) Rural Utilities Service (RUS) announces its' intention to request a revision of a currently approved information collection and invites comments on this information collection.
Special Authority To Enable Funding of Broadband and Smart Utility Facilities Across Select Rural Development Programs
The Rural Utilities Service, Rural Business-Cooperative Service, and Rural Housing Service, agencies that comprise the Rural Development (RD) Mission Area within the United States Department of Agriculture, published a final rule with comment in the Federal Register on September 15, 2020, to establish the special authority authorized by Section 6210 of the Agriculture Improvement Act of 2018, which will assist rural families and small businesses in gaining access to broadband service by permitting recipients of loans, grants, and loan guarantees from RD to use up to 10 percent of the amount provided to construct broadband infrastructure in areas not served by the minimum acceptable level of broadband service. The final rule described the procedures by which these agencies will consider projects eligible for special broadband authority. Through this action, the agencies are confirming the final rule as it was published and providing responses to the public comments that were received.
Notice of Request for a New Information Collection: Salmonella Control Strategies Pilot Projects
In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations, FSIS is announcing its intention to request a new information collection for pilot projects that test different control strategies for Salmonella contamination in poultry products. This is a new information collection with an estimated annual burden of 620 hours. On April 8, 2022, FSIS published a notice announcing this new information collection with an estimated annual burden of 310 hours. However, since publication, FSIS received an increased number of requests for participation in the pilot projects program. Therefore, FSIS is republishing the notice to increase the estimated annual burden by 310 hours for a total of 620 hours.
Greater Rocky Mountain Resource Advisory Committee
The Forest Service, United States Department of Agriculture (USDA), is seeking nominations for the Greater Rocky Mountain Resource Advisory Committee (GRM RAC) pursuant to the Secure Rural Schools Act (the Act) and the Federal Advisory Committee Act (FACA). Additional information on the Greater Rocky Mountain Resource Advisory Committee can be found by visiting the Committee website at https:// www.fs.usda.gov/detail/r2/home/?cid=fseprd972168.
Transparency in Policy Cancellations
The Federal Crop Insurance Corporation (FCIC) is making a technical amendment to its regulations by clarifying that an Approved Insurance Provider (AIP) may only cancel a crop insurance policy (policy) with express written consent from FCIC. This requirement is already binding in the Standard Reinsurance Agreement (SRA), which establishes the terms under which FCIC provides reinsurance and subsidies on eligible crop insurance policies sold by AIPs. By adding the same conditions to the regulation as are in the policy between the AIP and the producer, it provides greater transparency to producers about the existing rights in their policy. The changes to the crop insurance policies resulting from the amendments in this rule are applicable for the 2024 and succeeding crop years for crops with a contract change date on or after November 30, 2023. For all other crops, the changes to the crop insurance policies made in this rule are applicable for the 2025 and succeeding crop years.
United States Standards for Grades of Processed Raisins
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) has revised the U.S. Standards for Grades of Processed Raisins. AMS is modifying two references to the allowances for capstems within the standards to modernize the standards to reflect current industry practices. The revision also includes minor editorial changes to the table headings to align with updated Code of Federal Regulations (CFR) formatting requirements and correction of a typographical error from a previous revision.
60-Day Notice of Proposed Information Collection: Electric System Emergency Restoration Plan; OMB Control No.: 0572-0140
In accordance with the Paperwork Reduction Act of 1995, the United States Department of Agriculture (USDA), Rural Utilities Service (RUS) announces its' intention to request an extension of a currently approved information collection and invites comments on this information collection.
Pacific Northwest National Scenic Trail Advisory Council
The Pacific Northwest National Scenic Trail Advisory Council (PNT) will hold a public meeting according to the details shown below. The Council is authorized under the National Trails System Act (the Act) and operates in compliance with the Federal Advisory Committee Act (FACA). The purpose of the Council is to advise and make recommendations to the Secretary of Agriculture, through the Chief of the Forest Service, on matters relating to the Pacific Northwest National Scenic Trail as described in the Act.
Forestry Research Advisory Committee
The Forestry Research Advisory Committee (FRAC) will hold a public meeting according to the details shown below. The Committee is authorized under the Agriculture and Food Act of 1981 (the Act) and operates in compliance with the Federal Advisory Committee Act (FACA). The purpose of this Committee is to make recommendations to and advise the Secretary of Agriculture on forestry research. The Agriculture and Food Act directs the Secretary to appoint the FRAC which advises on how to efficiently accomplish the purposes of the McIntire-Stennis Act of 1962. The FRAC focuses on developing and utilizing the Nation's forest resources, forestry schools, and forest industries. FRAC recommendations support states in carrying out a program of forestry research through land-grant colleges or agricultural experiment stations and other state-supported colleges and universities that offer graduate training in forestry. The FRAC also provides advice related to the Forest Service research program which is authorized by the Forest and Rangeland Renewable Resources Research Act of 1978.
Natural Grass Sod Promotion, Research, and Information Order; Referendum Procedures
This proposed rule invites comments on the establishment of procedures for conducting a referendum to determine whether issuance of a proposed Natural Grass Sod Research and Promotion Order (Order) is favored by natural grass sod producers. The procedures would also be used for any subsequent referendum under the Order. The proposed Order is being published separately in this issue of the Federal Register.
Natural Grass Sod Promotion, Research, and Information Order
This proposed rule invites comments on the establishment of an industry-funded promotion, research, and information program for natural grass sod products. The proposed Natural Grass Sod Promotion, Research, and Information Order (Order) was submitted to the U.S. Department of Agriculture (USDA) by Turfgrass Producers International (TPI), a group of natural grass sod producers. The proposed Order also announces the Agricultural Marketing Service's (AMS) intent to request approval from the Office of Management and Budget (OMB) of new information collection requirements to implement the program.
Raisins Produced From Grapes Grown in California; Temporary Suspension of Continuance Referendum
This rule temporarily suspends the continuance referendum requirement under the Federal marketing order for California raisins. The continuance referendum scheduled between November 2023 and November 2025 overlaps with the timeframe the Agricultural Marketing Service (AMS) plans to conduct a formal rulemaking to amend the marketing order. This suspension delays the enforcement of the continuance referendum requirement to give precedence to the formal rulemaking process, which may include a producer referendum. In addition, if the marketing order is amended, this temporary suspension provides industry time to operate under the amended marketing order before the next scheduled continuance referendum.
Hispanic-Serving Agricultural Colleges and Universities (HSACU) Certification Process
This amendment to NIFA regulations updates the list of institutions that are granted Hispanic-Serving Agricultural Colleges and Universities (HSACU) certification by the Secretary and are eligible for HSACU programs for the period starting July 1, 2023, and ending July 1, 2024.
Domestic Sugar Program-FY 2023 Reassignment and FY 2024 Overall Sugar Marketing Allotment, Cane Sugar and Beet Sugar Marketing Allotments and Company Allocations
The United States Department of Agriculture (USDA) is issuing this notice to: revise fiscal year (FY) 2023 (crop year 2022) State cane sugar allotments and allocations to sugarcane processors; reassign FY 2023 cane sugar marketing allocations to raw cane sugar imports already anticipated; and announce the FY 2024 (crop year 2023) overall sugar marketing allotment quantity (OAQ), State cane sugar allotments, and sugar beet and sugarcane processor allocations. The actions to revise and reassign apply to all domestic cane sugar marketed for human consumption in the United States from October 1, 2022, through September 30, 2023, and the action to announce the allocations applies to all domestic beet and cane sugar marketed for human consumption in the United States from October 1, 2023, through September 30, 2024.
Proposed New Recreation Fee Sites; Correction
The Forest Service published a document in the Federal Register of September 21, 2023, concerning new recreation fee sites on the Shoshone National Forest. The document contained incorrect contact information and supplementary information.
Dried Prunes Produced in California; Suspension of the Marketing Order
This proposed rule would suspend the Federal marketing order regulating dried prunes produced in California (Order) effective at the beginning of the 2023-2024 crop year. After operating for 18 years without handling regulations, the Prune Administrative Committee (Committee) recommended the Agricultural Marketing Service (AMS) indefinitely suspend the Order. After reviewing the Committee's recommendation, AMS determined that regulatory suspension with a sunset provision of seven years is appropriate. This suspension period would extend through the end of the 2029-2030 crop year and would provide industry sufficient time to assess whether the Order's reinstatement is beneficial. If no recommendation is made by the Committee to reinstate the Order by the end of the 2029-2030 crop year, AMS would proceed to terminate the Order.
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