Department of Agriculture – Federal Register Recent Federal Regulation Documents
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Preserving Trust Benefits Under the Packers and Stockyards Act
This final rule revises the Packers and Stockyards regulations to provide instructions for livestock sellers who desire to preserve their interest in the statutory livestock dealer trust under the Packers and Stockyards Act (Act). This rule adds procedures and timeframes for a livestock seller to notify the livestock dealer and the Secretary of Agriculture (Secretary) that the seller has not received full payment for livestock purchased by the dealer and that the seller intends to preserve its trust interests. Additionally, this rule provides that livestock dealers with average annual purchases over $100,000 are required to obtain written acknowledgement from livestock sellers that trust benefits do not pertain to credit sales. This rule provides further that livestock dealers are required to maintain records related to credit sales. These revisions to the Packers and Stockyards regulations reflect recent amendments to the Act that provide for a livestock dealer trust.
Agency Information Collection Activities: WIC Participant and Program Characteristics 2024 & 2026 Study
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 reinstatement, with change, of a previously approved collection for which approval has expired for the WIC Participant and Program Characteristics 2024 and 2026 Study.
Notice of Funding Opportunity for Calendar Year 2022 Disaster Water Grants Program for Fiscal Year 2023; Water and Environmental Programs
The Rural Utilities Service (RUS or Agency), a Rural Development (RD) mission area of the United States Department of Agriculture (USDA), announces the acceptance of applications under the Calendar Year (CY) 2022 Disaster Water Grants Program for Fiscal Year (FY) 2023. The Agency will have at least $247,250,000 in grant funding through the Disaster Relief Supplemental Appropriations Act, 2023. Grant funds will be made available to qualified, rural applicants to pay for necessary expenses related to water infrastructure systems damaged by events that occurred during CY 2022 and were recognized through Presidentially Declared Disasters. All applicants are responsible for any expenses incurred in developing their applications.
Notice of a Request for Revision and Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Foreign Agricultural Service (FAS) to request a revision and extension from the Office of Management and Budget (OMB) of a currently approved information collection for the Dairy Tariff-Rate Quota (TRQ) Import Licensing program.
Notice of Intent To Prepare an Environmental Impact Statement for the St. Mary Canal Modernization Project, Glacier County, MT
The Natural Resources Conservation Service (NRCS) Montana State Office, in coordination with the U.S. Bureau of Reclamation, announces its intent to prepare a Watershed Plan and EIS for the St. Mary Canal Modernization Watershed Project (Milk River Project), located east of Babb, in Glacier County, Montana. The proposed Watershed Plan will examine alternatives through the EIS process for improving the St. Mary Canal system to provide for agricultural water management. NRCS is requesting comments to identify significant issues, potential alternatives, information, and analyses relevant to the proposed action from all interested individuals, Federal and State agencies, and Tribes.
Notice of Intent To Prepare an Environmental Impact Statement for the Upper Maple River Watershed Plan, North Dakota
The Natural Resources Conservation Service (NRCS) North Dakota State Office, announces its intent to prepare an EIS for the Upper Maple River Watershed located within Cass, Barnes, Steele, and Griggs Counties, North Dakota. NRCS will examine alternative solutions through the EIS process to provide watershed protection. NRCS is requesting comments to identify significant issues, potential alternatives, information, and analyses relevant to the Proposed Action from all interested individuals, Federal and State Agencies, and Tribes.
Pandemic Assistance Programs and Agricultural Disaster Assistance Programs
The Commodity Credit Corporation (CCC) and the Farm Service Agency (FSA) are making technical corrections to certain regulations that were published on January 11, 2023. These technical corrections will be made to: Phase 2 of the Emergency Relief Program (ERP); the Emergency Conservation Program (ECP); and the Emergency Forest Restoration Program (EFRP).
Best Practices Guidance for Controlling Listeria Monocytogenes in Retail Delicatessens
FSIS is announcing the availability of its updated Best Practices Guidance for Controlling Listeria monocytogenes (Lm) in Retail Delicatessens. The best-practices guidance discusses steps that retailers can take to prevent certain ready-to-eat (RTE) foods that are prepared or sliced in retail delicatessens (delis) and consumed in the home, such as deli meats and deli salads, from becoming contaminated with Lm and thus a source of listeriosis. FSIS encourages retailers to review the guidance and evaluate the effectiveness of their retail practices and intervention strategies in reducing the risk of listeriosis to consumers from RTE meat and poultry deli products.
Notice of Request for an Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Foreign Agricultural Service to request an extension from the Office of Management and Budget (OMB) of a currently approved information collection for the Quality Samples Program.
Olives Grown in California; Increased Assessment Rate
This proposed rule would implement a recommendation from the California Olive Committee to increase the assessment rate established for the 2023 fiscal year and subsequent fiscal years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Amended Notice of Funding Opportunity for the Empowering Rural America (New ERA) Program
The Rural Utilities Service (RUS or the Agency), a Rural Development (RD) agency of the United States Department of Agriculture (USDA), announced its intent to solicit Letters of Interest (LOI) for applications under the Empowering Rural America (New ERA) Program in a Notice of Funding Opportunity (NOFO) on May 16, 2023, in the Federal Register. In addition, the NOFO announced the eligibility requirements, application process and deadlines, and the criteria that RUS will use to assess New ERA Applications. This notice is making corrections and amendments to clarify timelines for application submission, ensure applicants know they are required to establish a Verified eAuthentication ID, inform applicants that they are eligible for the New ERA Program even if they are subject to a ``cooling off period'' under the Rural Electrification Act, and to notify applicants that the Agency will provide general assistance to applicants through the RUS' General Field Representatives (GFRs) prior to LOI submissions.
Amended Notice of Funding Opportunity for the Powering Affordable Clean Energy (PACE) Program
The Rural Utilities Service (RUS or the Agency), a Rural Development (RD) Agency of the United States Department of Agriculture (USDA), announced its intent to solicit Letters of Interest (LOI) for Applications under the Powering Affordable Clean Energy (PACE) Program in a Notice of Funding Opportunity (NOFO) on May 16, 2023, in the Federal Register. In addition, the NOFO announced the Application process and deadlines, and the criteria that RUS will use to evaluate applications under the Powering Affordable Clean Energy (PACE) Program. These loan funds will be made to qualified PACE Applicants to finance power generation Projects for Renewable Energy Resource (RER) systems or Energy Storage Systems (ESS) that support RER Projects. The PACE Program has $1,000,000,000 available in appropriated funds under the Inflation Reduction Act of 2022 (IRA). This notice is making amendments to ensure applicants know they are required to establish a Verified eAuthentication ID, to inform applicants that they are eligible for the PACE Program even if they are subject to a ``cooling off period'' under the Rural Electrification Act, and to notify applicants that the Agency will provide general assistance to applicants through the RUS' General Field Representatives (GFRs) prior to LOI submissions.
WTO Agricultural Quantity-Based Safeguard Trigger Levels
This notice lists the updated quantity-based trigger levels for products which may be subject to additional import duties under the safeguard provisions of the WTO Agreement on Agriculture. This notice also includes the relevant period applicable for the trigger levels on each of the listed products.
Forest Service Handbook 5509.11, Chapter 10 Title Claims and Encroachments
The Forest Service (Forest Service or Agency), United States Department of Agriculture (USDA), is revising directives related to Title Claims and Encroachments (FSH 5509.17 Chapter 10). The contents of the handbook have been reorganized to align with the case processing activities in the Title Claims and Encroachment Management System Database (TCEMS) which was deployed in August 2012. The new directive will include clear direction on how to process a trespass case from start to finish, including exhibits and example letters that should be used and followed. All trespass and encroachments will be stored in the TCEMS database for ease and tracking. In addition, internal processing steps were included in the handbook to provide clarity for Forest Service staff.
Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Increased Assessment Rate
This proposed rule would implement a recommendation from the Walla Walla Sweet Onion Marketing Committee (Committee) to increase the assessment rate established for the 2023 and subsequent fiscal periods. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Decoupling Rental Assistance: Virtual Public Listening Sessions
In accordance with a Congressional directive in the FY2023 Consolidated Appropriations Act, the Rural Housing Service (RHS or the Agency), a Rural Development agency of the United States Department of Agriculture (USDA), will be hosting two virtual listening sessions to obtain stakeholder information on potential decoupling of section 521 Rental Assistance from section 515 Rural Rental Housing loans at the time of loan maturity. Both sessions will be open to the public.
Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Assessment Rate Increase
This rule implements a recommendation from the Cherry Industry Administrative Board (Board) to increase the assessment rate established for the 2022-23 and subsequent fiscal periods. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Concurrence With World Organization for Animal Health's Risk Designation for Bovine Spongiform Encephalopathy for France
We are advising the public of our preliminary concurrence with the World Organization for Animal Health's (WOAH) bovine spongiform encephalopathy (BSE) risk designation for France. The WOAH recognizes France as being of negligible risk for BSE. We are taking this action based on our review of information supporting the WOAH's risk designation for France.
United States Standards for Beans
The United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is revising the United States Standards for Beans under the United States Agricultural Marketing Act of 1946, as amended, (AMA). AMS is revising the grade-determining factors for Moisture and Contrasting Chickpeas in the class Chickpea/ Garbanzo Beans.
Virginia Resource Advisory Committee; Meeting
The Virginia Resource Advisory Committee (RAC) will hold a public meeting according to the details shown below. The committee is authorized under the Secure Rural Schools and Community Self- Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act (FACA). The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act, on the George Washington and Jefferson National Forest, within its counties, consistent with the Federal Lands Recreation Enhancement Act.
Amendment; Notice of Intent for Agricultural Policy Advisory Committee (APAC) and the Related Agricultural Technical Advisory Committees (ATACs) for Trade
This notice is to amend the notice of renewal published on June 6, 2023, to give notice that the U.S. Department of Agriculture's (USDA) intends to reestablish the Agricultural Technical Advisory Committees (ATACs) for a 4-year period. Pursuant to Section 135 of the Trade Act of 1974 and the Federal Advisory Committee Act, as amended, notice is hereby given that the Secretary of Agriculture (Secretary), in coordination with the United States Trade Representative (Trade Representative), notice of renewal for the Agricultural Policy Advisory Committee (APAC) and intent to reestablish the related Agricultural Technical Advisory Committees (ATACs) for Trade to provide detailed policy and technical advice, information, and recommendations regarding trade barriers, negotiation of trade agreements, and implementation of existing trade agreements affecting food and agricultural products, including the performance of other advisory functions relevant to U.S. agricultural trade policy matters.
Minerals Cost Recovery
The Forest Service proposes regulations to impose new fees to recover the agency's costs for processing proposals related to mineral activity on National Forest System lands. This would include costs for actions such as environmental review and analysis, monitoring authorized activities, and other processing-related costs. The proposed rule would establish a fee schedule based on categories of Federal hours needed to complete processing for most mineral-related actions and charge a fixed fee for low-volume mineral material disposals. This proposal to recover costs is based on statutory authority, which authorizes Federal agencies to charge for work it performs to provide a service or benefit to identifiable entities and on policy guidance from the Office of Management and Budget (OMB) which directs charging these fees. This rulemaking also responds to a Government Accountability Office (GAO) recommendation made in an audit report that the Forest Service recover costs for processing locatable mineral plans of operation. The Forest Service invites written comments on this proposed rule and its supporting economic analysis of impacts to small businesses.
Notice of Request for Public Comment on 2023 Update to Technical Guidelines for Quantifying Greenhouse Gas (GHG) Emissions and Carbon Sequestration at the Entity-Scale for Agriculture and Forestry
The U.S. Department of Agriculture (USDA) invites public comment on the 2023 update to Quantifying Greenhouse Gas Fluxes in Agriculture and Forestry: Methods for Entity[hyphen]Scale Inventory, Technical Bulletin Number 1939, Office of the Chief Economist, USDA, Washington, DC. This report, prepared in part to meet requirements of section 2709 of the Food, Conservation, and Energy Act of 2008, provides methods to quantify entity-scale greenhouse gas (GHG) emissions from the agriculture and forestry sectors. The updates to this report were drafted by more than 60 authors, including USDA scientists, university researchers, and experts from non-governmental organizations and research institutions. This update adds new methods, improves existing methods where appropriate, and enhances the usability of the report. Comments received under this notice will be used to further refine the update to this report in preparation for publication as a USDA Technical Bulletin. Comments submitted will help USDA to ensure the new and updated quantification methods reflect the state of the science. A series of questions have been provided in the SUPPLEMENTARY INFORMATION section below to aid review. When submitting responses, please annotate comments using the report section number designations.
60-Day Notice of Proposed Information Collection: Rural Rental Housing Program; OMB Control No.: 0575-0189
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the United States Department of Agriculture (USDA) Rural Housing Service (RHS) announces its' intention to request a revision of a currently approved information collection and invites comments on this information collection.
Advisory Committee on Minority Farmers
Pursuant to the provisions of the rules and regulations of the United States Department of Agriculture (USDA) and the Federal Advisory Committee Act (FACA), notice is hereby given that a public meeting of the Advisory Committee on Minority Farmers (ACMF) will be convened and accessible in-person and virtually. During this public meeting, the ACMF will consider USDA programs, services, and policies, and how they impact minority farmers. The ACMF seeks to recommend action-oriented strategies that maximize the participation of minority farmers in USDA programs and services.
Organization, Functions, and Procedures; Functions and Procedures; Forest Service Functions
The Forest Service (Agency), United States Department of Agriculture (USDA), published an advance notice of proposed rulemaking in the Federal Register on April 21, 2023 initiating a 60-day comment period. The advance notice invited public comment on the following topic and additional questions: Given that climate change and related stressors are resulting in increasing impacts with rapid and variable rates of change on national forests and grasslands, how should the Forest Service adapt current policies to protect, conserve, and manage the national forests and grasslands for climate resilience, so that the Agency can provide for ecological integrity and support social and economic sustainability over time? In response to feedback from prospective commenters stating that they would benefit from additional time to adequately consider and respond to the advance notice, USDA's Forest Service has determined that an extension of the comment period by an additional 30 days, from June 20, 2023 to July 20, 2023, is appropriate.
Notice of Intent To Renew Agricultural Policy Advisory Committee (APAC) and the Related Agricultural Technical Advisory Committees (ATACs) for Trade and Continuation of Requests for Nominations for the Agricultural Trade Advisory Committees
Pursuant to section 135 of the Trade Act of 1974 and the Federal Advisory Committee Act, as amended, notice is hereby given that the Secretary of Agriculture (Secretary), in coordination with the United States Trade Representative (Trade Representative or USTR), intends to renew the Agricultural Policy Advisory Committee (APAC) and the related Agricultural Technical Advisory Committees (ATACs) for Trade to provide detailed policy and technical advice, information, and recommendations regarding trade barriers, negotiation of trade agreements, and implementation of existing trade agreements affecting food and agricultural products, including the performance of other advisory functions relevant to U.S. agricultural trade policy matters. The establishment and renewal of such committees is in the public interest in connection with the duties of United States Department of Agriculture (USDA) imposed by the Trade Act of 1974, as amended. In addition, the Foreign Agricultural Service (FAS) continues to welcome nominations for persons to serve on APAC and ATACs.
Notice of Decision To Authorize the Importation of Phalaenopsis spp. Orchid Plants for Planting in Approved Growing Media From the Republic of Costa Rica Into the United States
We are advising the public of our decision to authorize the importation into the United States, including territories, of Phalaenopsis spp. orchid plants for planting in approved growing media from the Republic of Costa Rica. As a condition of entry, Phalaenopsis spp. orchid plants in approved growing media from the Republic of Costa Rica will have to meet all relevant requirements included in the U.S. Department of Agriculture Plants for Planting Manual and detailed in a bilateral workplan. This action will allow for the importation of Phalaenopsis spp. orchid plants for planting from the Republic of Costa Rica in approved growing media while providing protection against the introduction of plant pests.
Meeting of the National Organic Standards Board
In accordance with the Federal Advisory Committee Act, as amended, the Agricultural Marketing Service (AMS), U.S. Department of Agriculture (USDA), is announcing a meeting of the National Organic Standards Board (NOSB). The NOSB assists the USDA in the development of standards for substances to be used in organic production and advises the Secretary of Agriculture on any other aspects of the implementation of the Organic Foods Production Act (OFPA).
Notice of Request for Approval of New Information Collection
In accordance with the Paperwork Reduction Act of 1995, the Rural Business-Cooperative Service, an agency of the United States Department of Agriculture's (USDA), invites comments on this information collection for which the Agency intends to request approval from the Office of Management and Budget (OMB).
Implementation of Telecommunications Provisions of the Agricultural Improvement Act of 2018; Correction
On September 10, 2021, Rural Development's Rural Utilities Service (hereinafter referred to as ``the Agency'') published a document that completed modifications to existing program regulations to implement statutory provisions of the Agriculture Improvement Act of 2018 (2018 Farm Bill). Following the final implementation of the final rule, the Agency found that an amendment was necessary to clarify the meaning of a sentence. This document clarifies the final rule.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, as amended, and Office of Management and Budget Circular No. A-108 Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act, the U.S. Department of Agriculture (USDA) proposes a new system of records, USDA/OSSP-1, the Enterprise Physical Access Control System (ePACS). The Office of the Safety, Security, and Protections maintains ePACS, which contains the information required to control physical access to USDA managed facilities and restricted areas within the facilities in all regions across the United States. The notice also conveys the system location, categories of records, routine uses (one of which permits records to be provided to the National Archives and Records Administration), storage, safeguards, retention and disposal, system manager and address, notification procedures, records access, and contesting procedures.
Addition of Gabon, Guinea, and Moldova to the List of Regions Affected With Highly Pathogenic Avian Influenza
We are advising the public that we added Gabon, Guinea, and Moldova to the list of regions that the Animal and Plant Health Inspection Service considers to be affected with highly pathogenic avian influenza (HPAI). These actions follow our imposition of HPAI- related restrictions on the importation of avian commodities originating from or transiting Gabon, Guinea, and Moldova as a result of the confirmation of HPAI in Gabon and Guinea, and reports of HPAI from the veterinary authorities of Moldova in the country.
Notice of Request for Extension of Approval of an Information Collection; Importation of Beef and Ovine Meat From Uruguay and Beef From Argentina and Brazil
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations for the importation of beef and ovine meat from Uruguay and beef from Argentina and Brazil.
Availability of FSIS Guideline for Controlling Salmonella in Swine Slaughter and Pork Processing Establishments
FSIS is announcing that it has updated its guideline for pork producers on controlling Salmonella in swine from pre-harvest through slaughter. The guideline covers pre-harvest controls, including farm rearing, multi-hurdle interventions, transport, and lairage. It contains slaughter control recommendations. It also covers pork fabrication controls, including processing, packaging, and distribution controls for pork cuts and comminuted pork products. Additionally, FSIS is responding to comments on the guideline.
Notice of Solicitation of Applications for the Rural Energy for America Program for Fiscal Years 2023 and 2024, Correction
The Rural Business-Cooperative Service (the Agency) published a Notice of Solicitation of Applications (NOSA) in the Federal Register on March 31, 2023, entitled Notice of Solicitation of Applications for the Rural Energy for America Program for Fiscal Years 2023 and 2024 to announce the availability of $1.055 billion in Inflation Reduction Act funds across six quarterly cycles to be obligated by September 30, 2024. The Notice also announced the types of projects that would qualify for a federal grant share not to exceed 50 percent of the project cost, a set-aside for underutilized renewable energy technologies (underutilized technologies), as well as scoring revisions to support Administration priorities. This correction notice is amending the definition of underutilized renewable energy technologies.
Notice of Funding Opportunity for the Technical Assistance and Construction for Innovative Regional Wastewater Treatment Solutions Grant Pilot Program
The Rural Utilities Services (RUS or the Agency), an agency of the United States Department of Agriculture (USDA), announces its Technical Assistance and Construction for Innovative Regional Wastewater Treatment Solutions (TAC-RWTS) Grant Pilot Program application window for Fiscal Year (FY) 2023. Grants may be made to eligible entities for the study, design, or construction of regional wastewater systems for historically impoverished communities in areas that have had difficulty installing traditional wastewater treatment systems due to soil conditions. Solutions must be innovative and account for strategic management and regulatory models. Successful applications will be selected by the Agency for funding and subsequently awarded from available funds for the TAC-RWTS Grant Pilot Program. All applicants are responsible for any expenses incurred in developing their applications.
Agency Information Collection Activities: Assessment of Mobile Technologies for Using Supplemental Nutrition Assistance Program (SNAP) Benefits
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 is a new collection for the contract Assessment of Mobile Technologies for Using Supplemental Nutrition Assistance Program (SNAP) Benefits (Mobile Payment Pilot evaluation). The purpose of the Mobile Payment Pilot evaluation is to assess the effects of five pilot projects that will allow SNAP participants to use mobile payments to purchase food as an alternate option to a physical electronic benefit transfer (EBT) card.
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