The United States Department of Agriculture’s (USDA) Departmental Freedom of Information Act (FOIA) Office is proposing revisions to USDA’s current regulations codified at 7 CFR part 1 subpart A and last revised on July 28, 2000 that implement the FOIA, 5 U.S.C. 552. The revisions in this notice are modeled, in part, after the template published by the Department of Justice Office of Information Policy and will streamline USDA’s FOIA processing procedures, include current cost figures to be used in those rare instances where a requester seeks paper records in lieu of electronic records but, most importantly, incorporate both administrative and procedural changes brought about by the OPEN Government Act of 2007 and the FOIA Improvement Act of 2016, like the designation of a FOIA Public Liaison, the requirement for written notice by USDA to extend the time limits for processing, codification of the foreseeable harm standard, and the extended window for requesters to file an appeal.

In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990, this interim final rule adjusts civil monetary penalties imposed by agencies within USDA to incorporate an inflation adjustment.

The final rule amends the U.S. Department of Agriculture's civil monetary penalty regulations by making inflation adjustments as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

The National Institute of Food and Agriculture (NIFA) proposes to revise 7 CFR part 3419 for the purpose of implementing the statutory amendments applicable to the matching requirements for Federal Agricultural research and extension capacity (formula) funds for 1890 land-grant institutions, including Central State University, Tuskegee University, West Virginia State University, and 1862 land-grant institutions in insular areas, and to remove the term "qualifying educational activities" from the definitions and use of Matching Funds sections to provide clarity on allowable uses of matching funds.

This direct final rule provides uniform guidelines on the use, award, and administration of Federal financial assistance cost-reimbursable agreements awarded by Foreign Agricultural Service (FAS) under the authority of 7 USC 3319a.

The Farm Service Agency (FSA) and the Commodity Credit Corporation (CCC) are revising debt collection and settlement regulations to conform with the Debt Collection Improvement Act of 1996 (DCIA) and the Federal Claims Collection Standards (FCCS) to consolidate the FSA debt collection and settlement regulations, and to remove FSA from the shared regulations in the CFR chapter used by rural development agencies. In addition, the changes would make it easier for farmers to find and understand the debt settlement regulations and result in saving them time and reducing their administrative burden.

The rule changes the following Supplemental Agricultural Disaster Assistance Programs to be consistent with the provisions in the Bipartisan Budget Act of 2018 (BBA):  Livestock Indemnity Program (LIP), Emergency Livestock Assistance Program (ELAP), Livestock Forage Disaster Program (LFP), and Tree Assistance Program (TAP).  For LIP, which payments have been determined based on livestock deaths, BBA adds "sold livestock for a reduced sale price” as an allowable cause for determining payments and removed the payment limitation.  BBA also removes the payment limitation for ELAP and TAP.  In addition, for TAP, BBA increases the number of acres eligible for assistance.  For LIP, ELAP, TAP, and LFP, BBA makes the changes apply to losses retroactively back to January 1, 2017.  Therefore, the application periods will be reopened.  In addition, the rule will make minor clarifying changes.  (NOTE:  Due to the additional changes, the rule title was changed; it was previously "Acreage Reporting and Common Provisions.")

In January 2016, FSA implemented a Direct Farm Ownership Microloan that will provide Farm Ownership loans of up to $50,000, expected to most benefit beginning farmers, farmers with small farms that have less traditional farm operations, and specialty crop producers seeking to purchase or enlarge relatively smaller plots of land and are not typically FSA customers. The final rulemaking publication for this initiative will clarify the Direct Microloans for borrowers with microloans for both operating loans and farm ownership loans.

The final rule will amend the regulations for the Margin Protection Program for Dairy (MPP-Dairy) for consistency with the program improvement provisions of the Bipartisan Budget Act of 2018.  For example, changing the calculation of the actual dairy production margin from bimonthly calculations to monthly.  Waivers of the $100 annual administrative fee will be included for any participant who is a limited resource, beginning, veteran, or socially disadvantaged farmer.  The amount of covered production and the premium rates will also be revised.  In addition, the regulations will be amended to specify that dairy producers may opt out of MPP-Dairy participation for the 2018 program (calendar) year.  MPP-Dairy participants and others have complained to USDA about having to pay the annual administrative fee to participate in MPP-Dairy.  As a result, and as part of the USDA regulatory reform initiative under Executive Order 13777, the Secretary is using the flexibility in the 2014 Farm Bill to allow MPP-Dairy participants to opt out of MPP-Dairy for the final year of coverage. (NOTE: Due to the additional changes, the rule title was changed; it was previously "Margin Protection Program for Dairy; 2018 Opt-out").

The final rule will remove regulations for the farm programs that are obsolete; no longer authorized or being run under different funding.  For example, there are regulations for the Livestock Indemnity Program and other standing disaster assistance programs in the Farm Service Agency (FSA) regulations and the Commodity Credit Corporation (CCC) regulations; the current regulations are those in the CCC regulations; therefore, the old regulations in the FSA regulations will be removed.  In addition, several subchapter headings will be updated to remove obsolete references and a few CFR parts will be moved into a more logical subchapter.

The rule will implement a new ad hoc disaster assistance program authorized in the Bipartisan Budget Act of 2018, which provides $2.36 billion for expenses related to crops, trees, bushes, and vine losses due to hurricanes and wildfires in calendar year 2017.  The rule will implement the ad hoc disaster assistance program and specify the terms and conditions for the program including, but not limited to, eligibility requirements, application timing and process, and other factors.

The rule will make changes to the ARC and PLC Programs, and MAL regulations as required because the Bipartisan Budget Act of 2018 added seed cotton as a covered commodity and established a loan rate for seed cotton. Producers participating in ARC and PLC will be able to reallocate generic base acres and make a one-time election of ARC versus PLC for acres reallocated to seed cotton.  In addition, this rule will make minor clarifications to ARC and PLC Programs.

This rule will propose to amend the Sugar Beet Crop Provisions to clarify and revise policy provisions. The major changes are to change the basis of insurance from standardized tons (of sugar beets) to pounds of raw sugar, allow joint ventures as an insurable interest, provide regionally determined replant costs, and make the stage removal option a permanent option.

This proposed rule will solicit public comments on FCIC’s proposed action to amend the Forage Seeding Crop Insurance Provisions to provide policy changes to better meet the needs of policyholders by updating existing policy provisions and definitions to better reflect current agricultural practices and allowing for variations in insurance offers based on regionally-specific agronomic conditions and potential future expansions.

The Federal Crop Insurance Corporation (FCIC) plans to revise the General and Administrative Regulation subpart X: Interpretations of Statutory and Regulatory Provisions, to incorporate interpretations of procedures previously issued and administered in accordance with Manager's Bulletin MGR-05-018 and to provide a mechanism for interpretations of policy provisions that are not codified in the Code of Federal Regulations. This action would provide requestors with information on how to request a final agency determination or an interpretation of FCIC procedures and unpublished policy provisions within one administrative regulation, bring consistency and clarity to the processes used, and to clarify existing provisions.

The purpose of this proposed rule change is to solicit public comment on FCIC’s proposed action to amend 7 CFR part 400 subpart L, Reinsurance Agreement Standards for Approval; regulations for the 2018 and subsequent reinsurance years. The intended effect is to clarify, strengthen and improve the understanding and implementation of 7 CFR 400 subpart L, Standards for Approval. The purpose of revising 7 CFR 400 subpart L is to better align the regulation with the existing Standard Reinsurance Agreement (SRA) and  Livestock Price Reinsurance Agreement (LPRA) and to minimize future revisions should the SRA and/or LPRA be renegotiated. In proposing these revisions, it is expected to result in a more current and focused regulation subpart L by eliminating passages that are no longer relevant to the current agri-business environment since certain products are no longer offered. A more streamlined and focused regulation will make it easier for all parties to implement and enforce.

The Federal Crop Insurance Corporation plans to publish a final rule with request for comments to add a new policy to its regulations that provides insurance for California avocados. The provisions will be used in conjunction with the Common Crop Insurance Policy basic provisions, which contain standard terms and conditions common to most crop programs. The intended effect of this action is to convert the California avocado pilot crop insurance program to a regulatory insurance program.

The Federal Crop Insurance Corporation plans to publish a final rule with request for comments to add a new policy to its regulations that provides insurance for cultivated clams. The provisions will be used in conjunction with the Common Crop Insurance Policy basic provisions, which contain standard terms and conditions common to most crop programs. The intended effect of this action is to convert the cultivated clam pilot crop insurance program to a regulatory insurance program.

The Federal Crop Insurance Corporation (FCIC) amends the Common Crop Insurance Regulations, Nursery Crop Insurance Provisions to clarify existing policy provisions, increase risk management choices allowed by the policy provisions, and expand availability to more producers. The changes will be effective for the 2019 and succeeding crop years.

RUS proposes to issue a final rule with request for comments which will allow the Agency to update the existing regulation to incorporate 2011 revisions to the Generally Accepted Government Auditing Standards (GAGAS) issued by the Government Accountability Office (GAO), the clarified audit standards issued by the American Institute of Certified Public Accountants (AICPA) in 2011, and 2 CFR 200, Uniform Administrative Requirements Cost Principles, and Audit Requirements for Federal Awards, subpart F, Audit Requirements, issued by the Office of Management and Budget on December 26, 2013, and adopted by USDA on December 26, 2014. The Agency will expand regulations to include grant recipients, amend peer review requirements, amend reporting requirements, expand options for electronic filing of audits, update definitions, and clarify a number of existing audit requirements.

The rulemaking is necessary to update regulations, clarify audit policy, streamline procedure and provide uniformity and clarity in a number of existing audit requirements. The rulemaking will amend part 1773, to incorporate updates in USDA regulations and revisions to the 2011 GAGAS that reinforce principles of transparency and accountability and provide the framework for conducting high quality audits that add value.

Implementation of regulatory changes to cease publication of Notice of Funds Availability for grant programs.  The Rural Utilities Service (RUS) will amend 7 CFR parts 1709, 1739, 1776 and 1783 to remove reference to publication of an annual Notice of Funds Availability  (NOFA). 

The Rural Utilities Service (RUS) is proposing to streamline its procedures for Electric Program borrowers, including its loan application requirements, approval of work plans and load forecasts, use of approved contracts and system design procedures.  Additionally it will delete unnecessary CFR sections. Changes and deletions would be made to 7 CFR 1710, 1714, 1724, 1726, and 1728.

The regulation will cover servicing actions associated with the Telecommunications Infrastructure Loan Program, Broadband Access Loan and Loan Guarantee Program, Distance Learning and Telemedicine Program, and Broadband Initiatives Program (hereinafter collectively referred to as the "RUS Telecommunications Programs").

The Rural Housing Service published a proposed rule (68 FR 32872) on June 2, 2003, to streamline and consolidate 14 regulations into 7 CFR 3560, which sets forth requirements, policies, and procedures for originating, processing, and servicing Rural Development's Multi-Family Housing (MFH) direct loans and grants. The programs covered by this part are authorized by title V of the Housing Act of 1949. The Center for Immigration Studies and the U.S. Department of Homeland Security estimated in 2009 that the illegal population was 10.96 percent of the total population. The economic impact of implementation of this rule is a possible reduction of over $118 million in RA. An interim rule was published on November 26, 2004 (69 FR 69032-69176) to implement those changes with an effective date of February 24, 2005. The Agency published in the Federal Register on February 22, 2005 (70 FR 8503), to indefinitely delay the effective date of specific words in quotes in the following specific sections: Sections 3560.152(a)(1) "Be a United States citizen or qualified alien, and"; 3560.154(a)(7) ". . . and a certification that the applicant is a U.S. citizen or a qualified alien as defined in section 3560.11 . . ."; 3560.156(c)(12) ". . . their citizenship status, . . ."; and 3560.254(c)(3) "Whose head of the household is a U.S. citizen or a legal alien as defined in section 3560.11." The interim final rule contained requirements regarding citizenship eligibility about which the Agency received several comments. The comments suggested that Agency procedures unnecessarily imposed more requirements than those required under the Department of Housing and Urban Development (HUD) procedures for similar programs. RHS plans to publish a proposed rule to implement the citizenship requirements and to harmonize RHS's requirements with those currently established by HUD.

The Agency plans to consolidate and update the three regulations governing Community Facilities Loans and Grants programs, 7 CFR 1942-(A), 1942-(C), and 3570-(B), into a new regulation, 7 CFR 3570-(A). This new regulation will be used to administer the Community Facilities Direct Loan and Grant programs as well as incorporate the Tribal College and Economic Impact Initiative Grant Programs. The existing regulations 7 CFR 1942-(A), 7 CFR 1942-(C), and 7 CFR 3570-(B) will be obsolete upon publication of the new 7 CFR 3570-(A). The proposed action includes the following: remove references to the RUS water and waste disposal program, which was moved to 7 CFR 1780-(A) in 1997 and update scoring priorities to reflect current needs in rural America. Incorporate information from staff instructions and guidance that have been renewed and republished for many years. Make pre-application optional for small (under $300,000) projects; clarify and coordinate applicant and project eligibility requirements among the Community Facilities Guarantee, Direct, and Grant regulations; update the regulation to reflect recent legal opinions/determinations; update audit requirements in accordance with the latest OMB directives; and add "Exception Authority" to allow for the granting of exceptions by the RHS Administrator to portions of regulations that are not statutory. The granting of exceptions is allowed in other rural development regulations under very defined and controlled circumstances.

The Rural Housing Service delegation of this loan approval authority to preferred lenders, i.e., those whose loans have performed well and demonstrated strong underwriting capability, would benefit the program and all of its stakeholders.  Preferred lenders will be responsible for certifying that both the applicant and property meet all program requirements and are eligible for the guarantee.  This will speed up approval processing times, benefiting applicants, preferred lenders, and the Agency.

The proposed rule would continue the Agency's efforts to improve and enhance the risk management of the single family housing guaranteed loan program.  By eliminating the property marketing period prior to claim settlement, transactional data is reduced thereby reducing the likelihood of improper payments. The amendment to the existing rule would give lenders the authority to assist the Agency in making the process more efficient and thus increasing the taxpayer savings by allowing the Customer Service Center to concentrate on other stages of the liquidation process.

This action would ease the financial costs of interim construction financing to the lender, define the maximum allowable interest rate for interim construction financing, and remove the need for loan modification or re-amortization once construction is complete.

Revising the definition of very low-, low-, and moderate-income in 7 CFR 3550.10 and making a corresponding change to the definition of low-income in 7 CFR 3555.10 will allow for income banding of all income categories within the single family housing programs.

Revising 7 CFR 3550.54(d) net family assets to make a correction to the introductory sentence (i.e. make clear that net family assets are used to calculate annual income only), and to match 7 CFR 3555.152(d) regarding sources that are included and excluded, will ensure consistency between the direct and guaranteed single family housing programs and recognize that retirement assets should be dedicated to a person’s life after retirement.

Revising the methodology used to determine the area loan limits in 7 CFR 3550.63(a) to use a percentage(s) of the applicable local HUD section 203(b) limit as determined by the Administrator or designee will streamline this annual process and improve the reliability of the data set used to establish the area loan limits. This proposed action will also save the Agency more than $70,000 each year (which is the cost to obtain the construction cost data set from a nationally recognized residential cost provider).  The current process to annually establish the area loan limits uses a data set based on limiting nationalized parameters and requires a significant amount of staff time on all levels (field, state, and national). 

Making a conforming change to 7 CFR 3550.68(b)(2) resulting from the income banding to state that a borrower currently receiving payment assistance method 1 will be converted to payment assistance method 2 should they receive a subsequent loan will be supported by the current system.  

Making 7 CFR 1940 subpart I obsolete will ensure compliance with the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) Integrated Mortgage Disclosures rule, commonly referred to as the TRID rule. With the TRID rule’s effective date of October 3, 2015, 7 CFR 1940 subpart I has become functionally obsolete since it refers to outdated processes, forms, and governing bodies. 

Rural Development will revise section 3565.4 availability of assistance, of 7 CFR part 3565 in regard to the NOFA.  Additionally, Rural Development will remove all reference to the NOFA in other various sections of part 3565.

Section 2(b) of the Transparency Act requires that the Office of Management and Budget (OMB) establish a single searchable database that provides the public, at no cost, information related to all Federal awards which are made to entities, including a unique identifier of the entity receiving the award and any other information OMB requires. In October 2010, OMB promulgated government-wide regulations at 2 CFR parts 25 and 170 that require entities applying for and receiving Federal financial assistance to have Dun and Bradstreet Universal Numbering Systems (DUNS) number and maintain active registration in Central Contractor Registry (CCR), succeeded by the System for Award Management (SAM). Therefore, NRCS cross-referenced the requirements of 2 CFR part 25 and 2 CFR part 170 in all conservation program regulations, policies, and program agreements developed subsequent to October 2010.

Section 766 of the Consolidated Appropriations Act of 2018 added a new subsection to section 1244 of the Food Security Act of 1985 to exempt producers and landowners participating in NRCS conservation programs from the Transparency Act regulations.  Therefore, the purpose of this final rule is to remove from NRCS regulations the requirement that producers and landowners obtain a DUNS number and maintain an active registration in SAM for NRCS conservation program participation. 

In particular, the final rule will remove reference to 2 CFR parts 25 and 170 in the following NRCS program regulations:  

• the Healthy Forests Reserve Program (7 CFR part 625 at 625.4(b)(3))

• the Wildlife Habitat Incentive Program (7 CFR part 636 at 636.4(a)(12))

• the Grassland Reserve Program (7 CFR part 1415 at 1415.6(e))

• the Agricultural Management Assistance Program (7 CFR part 1465 at 1465.5(c)(12))

• the Environmental Quality Incentives Program (7 CFR part 1466 at 1466.6(b)(7))

• the Agricultural Conservation Easement Program (7 CFR part 1468 at 1468.30(c)(3))

• the Conservation Stewardship Program (7 CFR part 1470 at 1470.6(a)(6))

 The Food Security Act of 1985, as amended (the 1985 Act), requires producers participating in many programs administered by the United States Department of Agriculture (USDA) to abide by certain conditions on any land owned or farmed that is highly erodible or that is considered a wetland, hereafter "conservation compliance provisions."  Producers participating in these programs and any person or entity considered to be an "affiliated person" of the producer are subject to these conservation compliance provisions.  The current regulations for conservation compliance are set forth at 7 CFR part 12.  Conservation compliance requires producers to apply a conservation system if they plant annually tilled crops on highly erodible soil and prohibits producers from planting an agricultural commodity on a converted wetland or converting a wetland to make possible the production of an agricultural commodity.  The last update to 7 CFR part 12 was completed in 2015, in accordance with the amendments made by sections 2609 and 2611 of the Agricultural Act of 2014, which relinked eligibility for USDA crop insurance premium subsidies with the conservation compliance provisions.  USDA seeks to make minor changes to 7 CFR part 12 related to how USDA makes wetland determinations under the conservation compliance provisions to ensure that the regulations are consistent with the current technical standards being applied.                                                                                                              

The Food, Conservation and Energy Act of 2008 amended the Lacey Act to provide, among other things, that importers submit a declaration at the time of importation for certain plants and plant products. The declaration requirements of the Lacey Act became effective on December 15, 2008, and enforcement of those requirements is being phased in. We are soliciting public comment on regulatory options that could address certain issues that have arisen with the implementation of the declaration requirement for composite plant materials. 

The Food, Conservation, and Energy Act of 2008 amended the Lacey Act to provide, among other things, that importers submit a declaration at the time of importation for certain plants and plant products. The declaration requirements of the Lacey Act became effective on December 15, 2008, and enforcement of those requirements is being phased in. We are proposing to establish an exception to the declaration requirement for products containing a minimal amount of plant materials.

This rulemaking would amend the Phytophthora ramorum regulations to remove regulated areas for Phytophthora ramorum from the regulations, as well as all regulatory requirements specific to such areas. The rule would also amend the regulations to revise inspection and sampling requirements for certain nurseries that are in areas quarantined for Phytophthora ramorum and that ship regulated nursery stock interstate. It would change the nature of the inspection and sampling requirements to have them take into consideration additional potential sources of Phytophthora ramorum inoculum at the nurseries. Finally, it would establish conditions under which we will regulate nurseries that are located outside of the quarantined areas for Phytophthora ramorum, if sources of Phytophthora ramorum inoculum are detected at those nurseries and the nurseries ship certain articles interstate.

Currently, Cape gooseberry (Physalis peruviana) fruit from Ecuador is not admissible to the United States. This proposed rule will provide the public with the opportunity to comment on a pest risk analysis that identifies Ceratitis capitata as the pest of concern, and a risk management document that identifies pest risk mitigation measures for the pest of concern.

This rulemaking would amend the regulations to allow the importation of fresh pummelo fruit from Thailand into the continental United States. As a condition of entry, fresh pummelo fruit from Thailand would be subject to a systems approach that would include irradiation treatment, packinghouse processing requirements, and port of entry inspection. The fruit would also be required to be imported in commercial consignments and be accompanied by a phytosanitary certificate issued by the national plant protection organization of Thailand. This action would allow for the importation of fresh pummelo fruit from Thailand, while continuing to provide protection against the introduction of plant pests into the continental United States. 

The Department of Agriculture is proposing to exempt certain entries into their records to maintain the confidentiality of witnesses and people who have submitted complaints under the Animal Welfare Act or the Horse Protection Act.

This rulemaking would amend licensing requirements under our Animal Welfare Act regulations to promote compliance under the Act, reduce licensing fees, and strengthen existing safeguards that prevent any individual whose license has been suspended or revoked, or who has a history of noncompliance, from obtaining a license or working with regulated animals. This action would reduce regulatory burden and would more efficiently ensure licensees’ sustained compliance with the Act.

This rulemaking would amend the regulations governing the National Poultry Improvement Plan (NPIP) by updating and clarifying several provisions, including those concerning NPIP participation, voting requirements, testing procedures, and standards. These proposed changes were voted on and approved by the voting delegates at the Plan's 2016 National Plan Conference. 

This rulemaking would amend the regulations regarding the branding of bovines imported into the United States from Mexico. We are taking this action at the request of the Government of Mexico to address issues that have arisen with the branding requirement for these bovines. The changes we are proposing would help prevent inconsistencies in branding that can result in bovines being rejected for import into the United States.

This rulemaking would amend the animal disease regulations to provide for a National List of Reportable Animal Diseases, along with animal disease reporting responsibilities, to streamline State and Federal cooperative animal disease eradication efforts. This action would enhance and consolidate current disease reporting mechanisms, and would complement and supplement existing animal disease tracking and reporting at the State level.

This rulemaking would amend the regulations governing the National Veterinary Accreditation Program by adding and clarifying certain definitions and terms. The changes we propose to the regulations reflect program changes resulting from the Animal and Plant Health Inspection Service's 2014 reorganization of Veterinary Services.

This rulemaking would amend the regulations pertaining to the domestic quarantine notices to remove all pine shoot beetle (PSB) quarantined areas and all Federal regulatory requirements related to the import and movement of PSB and associated host material. We have prepared an analysis of regulatory options, which we are making available for public review and comment, that evaluates the effectiveness of the regulatory program in slowing the spread of the pest and reducing damages. This action would provide flexibility to the States as they manage PSB, would allow Federal resources spent on this program to be allocated elsewhere, and would remove PSB-related interstate movement restrictions on PSB regulated articles.

This rulemaking would remove the domestic quarantine regulations for the plant pest emerald ash borer. This action would discontinue the domestic regulatory component of the emerald ash borer program as a means to more effectively direct available resources toward management and containment of the pest. Funding previously allocated to the implementation and enforcement of these domestic quarantine regulations would instead be directed to a non-regulatory option of research into, and deployment of, biological control agents for emerald ash borer, which would serve as the primary tool to mitigate and control the pest.

We are proposing that APHIS establish standards to allow it to recognize compartments for animal disease status, consistent with World Organization for Animal Health (OIE) international standards. APHIS’ proposed compartment recognition process would be similar to its recognition process for regions, contained in 9 CFR part 92, which includes information requirements for evaluating the animal health status of a region for which a market access request has been submitted. Under this proposed rule, APHIS would perform a risk assessment to evaluate the animal health status of a compartment. If after conducting the evaluation, APHIS deems the risk of importing animals or animal products from the compartment to be acceptable, APHIS would publish a Federal Register notice with risk documentation for public review and comment.

We are proposing to amend the regulations that allow the importation of peppers from the Republic of Korea to increase the mesh size of the screening over vent openings from 0.6 mm to 1.6 mm, and to require the use of colored sticky traps as an additional measure for pest monitoring. We have determined that, when used alongside other mitigations in the regulations, there is no additional pest risk related to the change in mesh size. This action would modify the conditions under which peppers from the Republic of Korea may be imported into the continental United States while continuing to protect against the introduction of quarantine pests.

We are proposing to amend the fruits and vegetables regulations to allow the importation into the continental United States of fresh avocado fruit from continental Ecuador. As a condition of entry, fresh avocado fruit from continental Ecuador, except Hass avocados, would have to be produced in accordance with a systems approach that would include production site registration, field sanitation, production site pest control measures, packinghouse procedures designed to exclude the quarantine pests, and procedures for packing, storing, and shipping the avocado fruit. The fruit would also have to be imported in commercial consignments, with each consignment identified throughout its movement from place of production to port of entry in the continental United States. Consignments would have to be accompanied by a phytosanitary certificate issued by the national plant protection organization of Ecuador certifying that the fruit was inspected and found free of quarantine pests. This proposed rule would allow for the importation of fresh avocados from continental Ecuador into the continental United States while continuing to provide protection against the introduction of quarantine pests.

We are amending the regulations that set out our National Environmental Policy Act (NEPA) implementing procedures. The amendments will clarify when we complete an environmental impact statement or an environmental analysis for an action, provide additional categories of actions for which we will prepare such documents, expand the list of actions subject to categorical exclusion from further environmental documentation, and set out an environmental documentation process that could be used in emergencies. The changes are intended to update the regulations and improve their clarity and effectiveness.

We are revising our regulations regarding the movement of plant pests. We are establishing criteria regarding the movement and environmental release of biological control organisms, and establishing regulations to allow the importation and movement in interstate commerce of certain types of plant pests without restriction by granting exceptions from permitting requirements for those pests. We are also revising our regulations regarding the movement of soil. This action clarifies the factors that would be considered when assessing the risks associated with the movement of certain organisms and facilitates the movement of regulated organisms and articles in a manner that also protects U.S. agriculture.

This rulemaking amends the bovine spongiform encephalopathy (BSE) and scrapie regulations regarding the importation of live sheep, goats, and wild ruminants and their embryos, semen, products, and byproducts. The scrapie revisions regarding the importation of sheep, goats, and susceptible wild ruminants for other than immediate slaughter are similar to those recommended by the World Organization for Animal Health in restricting the importation of such animals to those from scrapie-free regions or certified scrapie-free flocks.

This rulemaking will amend our regulations governing the importations of fruits and vegetables by broadening our existing performance standard to provide for consideration of all new fruits and vegetables for importation into the United States using a notice-based process. Rather than authorizing new imports through proposed and final rules and specifying import conditions in the regulations, the notice-based process uses Federal Register notices to make risk analyses available to the public for review and comment, with authorized commodities and their conditions of entry subsequently being listed on the Internet. It also will remove the region- or commodity-specific phytosanitary requirements currently found in these regulations. Likewise, we are proposing an equivalent revision of the performance standard in our regulations governing the interstate movements of fruits and vegetables from Hawaii and the U.S. territories (Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands) and the removal of commodity-specific phytosanitary requirements from those regulations. This action will allow for the consideration of requests to authorize the importation or interstate movement of new fruits and vegetables in a manner that enables a more flexible and responsive regulatory approach to evolving pest situations in both the United States and exporting countries. It will not, however, alter the science-based process in which the risk associated with importation or interstate movement of a given fruit or vegetable is evaluated or the manner in which risks associated with the importation or interstate movement of a fruit or vegetable are mitigated.

This rulemaking will amend the fruits and vegetables regulations to allow the importation commercial consignments into the continental United States of fresh pomegranate fruit from Turkey. As a condition of entry, fresh pomegranate fruit from Turkey will have to be produced in accordance with a systems approach that will include grove registration, sanitation, and pest control measures; packinghouse registration and procedures designed to exclude quarantine pests; cold treatment; and procedures for packing, storing, and shipping the pomegranate fruit. In addition, consignments will have to be accompanied by a phytosanitary certificate issued by the national plant protection organization of Turkey. This action will allow for the importation of fresh pomegranates from Turkey into the continental United States while continuing to provide protection against the introduction of plant pests.

This rulemaking will amend the fruits and vegetables regulations to allow the importation of several varieties of fresh citrus fruit, as well as citrus hybrids, into the continental United States from areas in the Republic of South Africa where citrus black spot has been known to occur. As a condition of entry, the fruit will have to be produced in accordance with a systems approach that includes shipment traceability, packinghouse registration and procedures, and phytosanitary treatment. The fruit will also be required to be imported in commercial consignments and accompanied by a phytosanitary certificate issued by the national plant protection organization of the Republic of South Africa with an additional declaration confirming that the fruit has been produced in accordance with the systems approach. This action will allow for the importation of fresh citrus fruit, including citrus hybrids, from the Republic of South Africa while continuing to provide protection against the introduction of plant pests into the United States.

In the 2014 Farm Bill, Congress amended the Animal Welfare Act (AWA) to provide the Secretary of Agriculture with the authority to determine what facilities and activities involving AWA-regulated animals are de minimis and therefore exempt from licensure and oversight. We are amending the AWA regulations to enact this new provision. This change provides APHIS with the flexibility to exempt from licensing those dealers and exhibitors who provide adequate levels of humane care to their animals, allowing us to target our enforcement resources where they are most needed. Dealers and exhibitors operating at or below the threshold will be exempted from APHIS licensing and oversight under the AWA.

This rulemaking will amend the Virus-Serum-Toxin Act regulations concerning records and reports. This change requires veterinary biologics licensees and permittees to record and submit reports concerning adverse events associated with the use of biological products they produce or distribute. The information that must be included in the adverse event reports submitted to the Animal and Plant Health Inspection Service will be provided in separate guidance documents. These records and reports will help ensure that APHIS can provide complete and accurate information to consumers regarding adverse reactions or other problems associated with the use of licensed biological products.

We are adopting as a final rule, with changes, an interim rule that amended the regulations pertaining to certain diseases of livestock and poultry to specify conditions for payment of indemnity claims for highly pathogenic avian influenza (HPAI). The interim rule provided a formula allowing us to split such payments between poultry and egg owners and parties with which the owners enter into contracts to raise or care for the eggs or poultry based on the proportion of the production cycle completed. That action was necessary to ensure that all contractors are compensated appropriately. The interim rule also clarified an existing policy regarding the payment of indemnity for eggs destroyed due to HPAI and required a statement from owners and contractors, unless specifically exempted, indicating that at the time of detection of HPAI in their facilities, they had in place and were following a biosecurity plan aimed at keeping HPAI from spreading to commercial premises.

This rulemaking will amend the regulations to allow the importation of fresh apple and pear fruit from certain countries of the European Union into the continental United States, provided that the fruit is produced in accordance with a systems approach, as an alternative to importation under the current preclearance program. The systems approach for fresh apple and pear fruit consists of production site and packinghouse registration, inspection of production sites, production site pest control and sanitation, post-harvest safeguards, fruit culling, traceback, sampling, cold treatment against Mediterranean fruit fly in countries where the pest is known to occur, a phytosanitary certificate, port of entry inspection, and importation as commercial consignments only. Fresh apple and pear fruit that does not meet the requirements of the systems approach will continue to be allowed to be imported into the United States from certain countries of the European Union subject to the conditions of the preclearance program currently in the regulations. This action will provide an alternative for the importation of fresh apple and pear fruit from certain countries of the European Union while continuing to provide protection against the introduction of plant pests into the continental United States.

This rulemaking will amend the regulations concerning the importation of fruits and vegetables to allow the importation of fresh raspberry fruit from Morocco into the continental United States. As a condition of entry, the raspberries will have to be produced under a systems approach employing a combination of mitigation measures for the quarantine pest Monilinia fructigena and will have to be inspected prior to exportation from Morocco and found free of this pest. The raspberries will have to be imported in commercial consignments only, produced at registered places of production, and field inspected for signs of Monilinia fructigena infection 30 days prior to harvest. The raspberries will also have to be accompanied by a phytosanitary certificate with an additional declaration stating that the conditions for importation have been met. Raspberry consignments will be subject to further inspection at the port of entry into the continental United States. This systems approach will allow the importation of raspberries from Morocco while continuing to protect against the introduction of plant pests into the United States.

This rulemaking will amend the fruit and vegetable regulations to allow the importation of tree tomatoes from Ecuador into the continental United States. As a condition of entry, the tree tomatoes will have to be produced in accordance with a systems approach that would include requirements for importation in commercial consignments, registration and monitoring of places of production, field monitoring and pest-control practices, trapping, and inspection for quarantine pests by the national plant protection organization of Ecuador. This action will allow the importation of tree tomatoes from Ecuador while continuing to protect against the introduction of plant pests into the United States.

This rulemaking would amend the fruits and vegetables regulations to allow the importation into the continental United States of commercial consignments of five species of fresh citrus fruit from China. As a condition of entry, the citrus fruit would have to be produced in accordance with a systems approach that includes requirements for registration of places of production and packinghouses, sourcing of pest-free propagative material, inspection for quarantine pests at set intervals by the national plant protection organization (NPPO) of China, bagging of fruit, safeguarding, post-harvest processing and sampling, and importation in commercial consignments. Additionally, it would require places of production to trap for several species of Bactrocera fruit flies, and would require the fruit to be treated for those species of fruit flies. In addition, consignments would have to be accompanied by a phytosanitary certificate issued by the NPPO of China that declares that the conditions for importation have been met and that the consignments have been inspected and found free of quarantine pests. Finally, the NPPO of China would have to provide an operational workplan to the Animal and Plant Health Inspection Service of the United States Department of Agriculture that details the activities that the NPPO of China will carry out to meet these requirements. This proposed rule would allow for the importation of fresh citrus from China into the continental United States while providing protection against the introduction of plant pests.

This rulemaking will amend the regulations to clarify that the expiration date of a serial or subserial of a veterinary biologic should be computed from the date of the initiation of the first potency test. It will also require the expiration dating period (stability) of a product to be confirmed by conducting a real-time stability study with a stability-indicating assay, stability monitoring of products after licensing, and specify a single standard for determining the expiration date for veterinary biologics

We are consolidating the regulations governing the importation of all plants for planting under the "plants for planting" regulations and adding prohibited plants for planting to the list of plants whose importation is not authorized pending pest risk analysis. This consolidation will move restrictions on the importation of specific types of plants for planting from the regulations to the Plants for Planting Manual (PPM). Under the rule, changes to these restrictions will be made after taking public comment on notices published in the Federal Register, rather than through proposed rules and final rules as we currently do. As part of this consolidation, we are removing several lists of approved items (for example, the lists of approved growing media, packing materials, and ports of entry) from the regulations; these lists will be provided to the public in the PPM. We proposed to update these lists, when necessary, using the same sort of notice-based process as will be used to update restrictions on specific types of plants for planting. We are also establishing a framework for the use of integrated pest risk management measures (IPRMS) in the production of specific types of plants for planting for importation into the United States, when the pest risk associated with the importation of a type of plants for planting can only be addressed through the use of integrated measures. This action does not make any major changes to the restrictions that currently apply to the importation of plants for planting. These changes will make restrictions on the importation of specific types of plants for planting easier for readers to find and allow us to more easily make changes.

This rulemaking will amend the phytosanitary treatment regulations to establish generic criteria that would allow for the approval of new cold treatment facilities in the southern and western States of the United States. These criteria, if met, will allow us to approve new cold treatment facilities without rulemaking and facilitate the importation of fruit requiring cold treatment while continuing to provide protection against the introduction of pests of concern into the United States. We are also amending the fruit cutting and inspection requirements in the cold treatment regulations in order to expand cutting and inspection to commodities that have been treated for a wider variety of pests of concern. This action will provide for a greater degree of phytosanitary protection. We are also adding requirements concerning the establishment of compliance agreements for U.S. entities that operate fumigation facilities. Finally, we are harmonizing language concerning State compliance with facility establishment and parameters for the movement of consignments from the port of entry or points of origin in the United States to the treatment facility in the irradiation treatment regulations with language in the cold treatment regulations. These actions will serve to codify and make enforceable existing procedures concerning compliance agreements for these facilities.

This rulemaking would amend the fruits and vegetables regulations to allow the importation of several varieties of fresh citrus fruit, as well as citrus hybrids, from the municipalities of General Terán and Montemorelos, Nuevo León, Mexico, into the continental United States without treatment for the fruit fly. As a condition of entry, the fruit would have to be produced in accordance with a systems approach that would include requirements for pest monitoring and pest control practices, orchard sanitation, and packinghouse procedures designed to exclude quarantine pests. The fruit would also be required to be imported in commercial consignments and accompanied by a phytosanitary certificate issued by the national plant protection organization of Mexico with an additional declaration confirming that the fruit has been produced in accordance with the systems approach in a production site free of Mexican fruit fly (Anastrepha ludens (Loew)) in an area of low pest prevalence. This action would allow for the importation of untreated fresh citrus fruit, including Citrus hybrids, from the municipalities of General Terán and Montemorelos, Nuevo León, while continuing to provide protection against the introduction of plant pests into the United States.

We are amending the regulations to allow the importation of fresh cherimoya fruit from Chile into the continental United States, in accordance with a systems approach, as an alternative to the current required treatment. Commercial consignments of fresh cherimoya fruit are currently authorized entry into all ports of the United States from Chile subject to a mandatory soapy water and wax treatment. The systems approach includes requirements for production site registration, low pest prevalence area certification, post-harvest processing, and inspection at the packinghouse. The fruit will also be required to be imported in commercial consignments and accompanied by a phytosanitary certificate issued by the national plant protection organization of Chile with an additional declaration stating that the consignment was produced in accordance with the regulations. Fresh cherimoya fruit that does not meet the conditions of the systems approach or is imported to the United States, but not the continental United States, will continue to be allowed to be imported into the United States subject to the current soapy water and wax treatment. This will allow for the importation of fresh cherimoya fruit from Chile while continuing to provide protection against the introduction of plant pests into the continental United States.

This rulemaking amends the fruits and vegetables regulations to list lemon (Citrus limon (L.) Burm. f.) from Chile as eligible for importation into the continental United States subject to a systems approach. Under this systems approach, the fruit must be grown in a place of production that is registered with the Government of Chile and certified as having a low prevalence of Brevipalpus chilensis. The fruit must undergo pre-harvest sampling at the registered production site. Following post-harvest processing, the fruit must be inspected in Chile at an approved inspection site. Each consignment of fruit must be accompanied by a phytosanitary certificate with an additional declaration stating that the fruit has been found free of Brevipalpus chilensis based on field and packinghouse inspections. This final rule would allow for the safe importation of lemons from Chile using mitigation measures other than fumigation with methyl bromide.

This rulemaking will amend the regulations governing the importation of plants for planting to add orchid plants of the genus Dendrobium from Taiwan to the list of plants that may be imported into the United States in an approved growing medium, subject to specified growing, inspection, and certification requirements. We are taking this action in response to a request from the Taiwanese Government and after determining that the plants could be imported, under certain conditions, without resulting in the introduction into, or the dissemination within, the United States of a quarantine plant pest or noxious weed.

This rulemaking will amend the regulations governing the importation of plants for planting to authorize the importation of Campanula spp. plants for planting from Denmark in approved growing media into the United States, subject to a systems approach. The systems approach will consist of measures that are currently specified in the regulations as generally applicable to all plants for planting authorized importation into the United States in approved growing media. This action will allow for the importation of Campanula spp. plants for planting from Denmark in approved growing media, while providing protection against the introduction of plant pests.

The rule supports a broader strategy to strengthen oversight of organic imports and the organic supply chain. AMS intends this rule to deter fraud, enhance enforcement and protect organic integrity.

On July 29, 2016, the Agricultural Marketing Act of 1946 was amended to establish a National Bioengineered Food Disclosure Standard (Law) (Pub. L. 114-216). Pursuant to the law, this NPRM will propose requirements that, if finalized, will serve as a national mandatory bioengineered food disclosure standard for bioengineered food and food that may be bioengineered.

This action is necessary to implement several National Organic Standards Board recommendations forwarded to the Secretary from November 2000 to April 2015.

This proposed rule would make two changes to the National List of Allowed and Prohibited Substances (National List) based on recommendations from the National Organic Standards Board (NOSB). The National List is a list of substances that can be used in organic farming, handling and processing. This action would: (1) add one substance (sulfur) to be allowed in organic livestock production; and (2) change one substance (potassium acid tartrate) already on the National List by reclassifying it as an agricultural substance.

This rule would change import reporting requirements to implement the use of electronic forms submissions and make other administrative changes to the reporting requirements.

The current regulations provide two tracks for replacing dairy animals which are tied to how dairy farmers transition to organic production. Farmers who transition an entire distinct herd must thereafter replace dairy animals with livestock that has been under organic management from the last third of gestation. Farmers who do not transition an entire distinct herd may perpetually obtain replacement animals that have been managed organically for 12 months prior to marketing milk or milk products as organic. The proposed action would eliminate the two-track system and require that upon transition, all existing and replacement dairy animals from which milk or milk products are intended to be sold, labeled, or represented as organic must be managed organically from the last third of gestation.

The National Organic Program (NOP) establishes national standards governing the marketing of organically produced agricultural products. In 2004, the National Organic Standards Board (NOSB) initiated the development of organic pet food standards, which had not been incorporated into the NOP regulations, by forming a task force which included pet food manufacturers, organic consultants, etc. Collectively, these experts drafted organic pet food standards consistent with the Organic Foods Production Act of 1990, Food and Drug Administration requirements, and the Association of American Feed Control Officials Model Regulations for Pet and Specialty Pet Food. The Association of American Feed Control Officials regulations are scientifically based regulations for voluntary adoption by State jurisdictions to ensure the safety, quality, and effectiveness of feed. In November 2008, the NOSB approved a final recommendation for organic pet food standards incorporating the provisions drafted by the pet food task force.

This action proposes to amend the USDA organic regulations to reflect an October 2010 recommendation submitted to the Secretary by the National Organic Standards Board (NOSB) concerning the production of organic apicultural (or beekeeping) products.

This action would establish standards that support additional practice standards for organic livestock and poultry production. This action would add provisions to the USDA organic regulations to address and clarify livestock and poultry living conditions (for example, outdoor access, housing environment, and stocking densities), health care practices (for example physical alterations, administering medical treatment, and euthanasia), and animal handling and transport to and during slaughter.

The proposed revisions to the regulations would provide greater direction to growers that employ growers’ agents on how they may preserve their trust rights under the Perishable Agricultural Commodities Act (PACA).  The proposed revisions would also clarify the definition of written notification and the jurisdiction of the USDA to investigate alleged violations under the PACA.

This rule invites comments on a proposed national research and promotion (R&P) program for certified organic products. The proposed program would cover the range of organic products that are certified and sold per the Organic Foods Production Act and its implementing regulations as well as organic products imported into the U.S. under an organic equivalency arrangement.

The proposed rule adds venison and ground venison as covered commodities under the country of origin labeling (COOL) regulations. This rule also adds certain mandatory COOL requirements to retailers (as defined by the law and regulations) and their suppliers. Changes will be made to the relevant CFR sections including definitions, country of origin notification, and record keeping.

This final rule withdraws the Organic Livestock and Poultry Practices final rule, published on January 19, 2017.

The Agricultural Marketing Service (AMS) of the United States Department of Agriculture (USDA) is adopting a final rule to amend the definition of "judge" in the rules of practice and procedure to formulate or amend a marketing agreement, marketing order, or certain research and promotion orders.  The new definition adds a presiding official appointed by the Secretary, as well as an administrative law judge, as an official who may preside over the rulemaking hearing.

Effective on January 1, 2018, inspection and weighing fees and tonnage fees will be reduced by 5 percent.

The Food Safety and Inspection Service (FSIS) is proposing to require official egg products plants to develop and implement Hazard Analysis and Critical Control Point (HACCP) Systems and Sanitation Standard Operating Procedures (SOPs), consistent with HACCP and Sanitation SOP requirements in the meat and poultry products inspection regulations. FSIS also is proposing to require egg products plants to produce egg products using a process that will eliminate detectable pathogens from the finished product. Plants would be expected to develop HACCP systems that ensure that pathogens cannot be detected in finished egg products.

In addition, FSIS is proposing to amend the egg products inspection regulations by removing the current requirements for prior approval by FSIS of egg products plant drawings, specifications, and equipment prior to their use in official plants; providing for the generic labeling of egg products; requiring safe handling labels on shell eggs and egg products; and changing the Agency’s interpretation of the requirement for continuous inspection in official plants.

The Food Safety and Inspection Service (FSIS) is proposing to amend the Federal meat inspection regulations and poultry inspection regulations to allow establishments that prepare uninspected articles, such as pet food, in edible product areas, to conduct these operations outside the hours of inspection.  Establishments already are required to address the production of these articles in their Hazard Analysis and Critical Control Point (HACCP) Plan, Sanitation Standard Operating Procedures (SSOPs) or Prerequisite Program to the extent necessary to prevent the adulteration of meat and poultry products manufactured as human food.  These regulations were issued before FSIS published its HACCP and Sanitation SOP regulations, when prescriptive regulatory requirements were deemed necessary to prevent the adulteration of meat and poultry products by the preparation of inedible products in the same establishment. 

FSIS is proposing to eliminate a regulatory requirement for cleaning of hog carcasses at 9 CFR 310.11, which require that all hair, scurf, dirt, hoofs and claws be removed from hog carcasses and that carcasses be thoroughly washed and cleaned before any incision is made for inspection or evisceration.  These requirements are no longer necessary to ensure food safety. FSIS regulations at 9 CFR 310.18 also require that establishments handle carcasses, organs, and other parts in a sanitary manner to prevent contamination with fecal material, urine, bile, hair, dirt, or foreign matter. Additionally, official establishments that slaughter hogs are required to prevent the adulteration of meat and the creation of unsanitary conditions, whereby products could become adulterated, through the implementation of HACCP, Sanitation SOP or other prerequisite programs. The prescriptive requirements of 9 CFR 310.11 were issued before FSIS published its HACCP and Sanitation SOP regulations, when prescriptive regulatory requirements were deemed necessary to prevent the adulteration of meat products.

FSIS is proposing to eliminate a regulatory provision that requires livestock carcasses inspected and passed in a slaughter establishment to be marked with the official inspection legend at the time of inspection when the carcass is to be moved to further processing within the same slaughter establishment. The proposed rule would retain the need for inspected and passed carcasses to be marked with the official inspection legend if the carcasses are to be shipped to another establishment for further processing.

FSIS is proposing to revise the regulations prescribing the statistical methods to be used in measuring the performance of chemistry laboratories in its voluntary Accredited Laboratory Program (ALP) and to expand the program to include pathogen testing. FSIS also is proposing that initial screening for pathogens on official samples may be conducted by laboratories accredited under this program. Additionally, the Agency is proposing to make various minor edits and changes to the regulation for the sake of clarity, to incorporate all sample types under the jurisdiction of FSIS as appropriate for the associated analyses, and to improve program flexibility.

The Food Safety and Inspection Service (FSIS) is proposing to amend its labeling regulations to remove provisions that require packages of meat or poultry products that contain at least one pound or pint, but less than four pounds or one gallon, to express the net weight or net contents as a dual declaration on the product label. Conforming amendments would also be made to regulations currently providing exceptions to the dual declaration requirements for random weight, small, and multi-unit packages, as well as certain packages containing margarine and bacon (9 CFR 317.2(h)(9) and (12); 9 CFR 381.121 (c)(8) and (9)).

The Food Safety and Inspection Service (FSIS) is proposing to remove lists of foreign countries eligible to export meat, poultry, and processed egg products to the United States from its regulations and, instead, post them to on FSIS’s Web site. The criteria FSIS uses to evaluate whether a foreign country should be added to or removed from the eligible lists will remain in the regulations and will not change. FSIS would continue to provide an opportunity for public comment on changes to the lists.

The Food Safety and Inspection Service (FSIS) proposed to add Honduras to the list of countries eligible to export poultry products to the United States. Under this proposal, slaughtered poultry or parts or other products thereof processed in certified Honduran establishments would be eligible for export to the United States. All such products will be subject to re-inspection at United States ports of entry by FSIS inspectors.

The Food Safety and Inspection Service (FSIS) proposed to amend the Federal meat inspection regulations to eliminate the requirements for both ready-to-eat (RTE) and not-ready-to-eat (NRTE) pork and pork products to be treated to destroy trichina (Trichinella spiralis) because the regulations are inconsistent with the Hazard Analysis and Critical Control Point (HACCP) regulations, and these prescriptive regulations are no longer necessary.

The Food Safety and Inspection Service (FSIS) is developing final regulations to amend its poultry inspection regulations to add Poland to the list of countries eligible to export poultry products to the United States. Poland is currently not listed as eligible to export such products to the United States. If this final rule is adopted, any poultry and poultry products exported to the United States from Poland will be subject to re-inspection at ports-of-entry by FSIS inspectors.

The Food Safety and Inspection Service (FSIS) is proposing to amend the Federal meat inspection regulations to establish a new inspection system for swine slaughter establishments demonstrated to provide greater public health protection than the existing inspection system. The Agency is also proposing several changes to the regulations that would affect all establishments that slaughter swine, regardless of the inspection system under which they operate.

The Food Safety and Inspection Service (FSIS) is proposing to amend the poultry products inspection regulations to list the PRC as eligible to export to the United States poultry products from birds slaughtered in the PRC.

Consistent with the recent changes that the Food and Drug Administration (FDA) finalized, the Food Safety and Inspection Service (FSIS) is proposing to amend the Federal meat and poultry products inspection regulations to update and revise the nutrition labeling requirements for meat and poultry products to reflect recent scientific research and dietary recommendations and to improve the presentation of nutrition information to assist consumers in maintaining healthy dietary practices. FSIS is proposing to: (1) update the list of nutrients that are required or permitted to be declared; (2) provide updated Daily Reference Values (DRV) and Reference Daily Intake (RDI) values that are based on current dietary recommendations from consensus reports; and (3) amend the requirements for foods represented or purported to be specifically for children under the age of four years and pregnant and lactating women and establish nutrient reference values specifically for these population subgroups. FSIS is also proposing to revise the format and appearance of the Nutrition Facts Panel; amend the definition of a single-serving container; require dual-column labeling for certain containers; and update and modify several reference amounts customarily consumed (RACCs or reference amounts). FSIS also is proposing to consolidate the nutrition labeling regulations for meat and poultry products into a new Code of Federal Regulations (CFR) part.

The Food and Nutrition Act of 2008, as amended (the Act), establishes a time limit for SNAP participation of three months in three years for able-bodied adults without dependents (ABAWDs) who are not working. The Act provides State flexibility by allowing State agencies to waive the time limit if an area that an individual resides in has an unemployment rate of over 10 percent or does not have a sufficient number of jobs to provide employment for individuals. This rule will propose modifications to the Supplemental Nutrition Assistance Program (SNAP) requirements and services for Able-Bodied Adults Without Dependents (ABAWDs) in response to public input provided through the advanced notice of proposed rulemaking (ANPRM).

This rule would reduce administrative burden by modifying the regulatory requirements for the Child and Adult Care Food Program (CACFP) that require eligible for-profit child and adult care centers to verify monthly that the requirements of the Richard B. Russell National School Lunch Act are met.

This rule would add more flexibility to the hiring requirements for new School Nutrition Program Directors in small local educational agencies (LEAs) and new State Directors of School Nutrition Programs under the professional standards regulations and, thus, facilitate recruitment and hiring of qualified candidates for the school meal programs.

This rule provides additional flexibility to retailers applying to participate in the Supplemental Nutrition Assistance Program (SNAP) as authorized food stores.  The Agricultural Act of 2014 amended the Food and Nutrition Act of 2008 to increase the requirement that certain SNAP authorized retail food stores have available on a continuous basis at least three varieties of items in each of four staple food categories, to a mandatory minimum of seven varieties.  The Food and Nutrition Service (FNS) codified these mandatory requirements.  This change will provide retailers with more flexibility in meeting the variety standards of the enhanced SNAP eligibility requirements.

Under section 5(a) of the Food and Nutrition Act of 2008, households in which all members receive benefits under a State program funded by the Temporary Assistance to Needy Families (TANF) program are categorically eligible to participate in the Supplemental Nutrition Assistance Program (SNAP). This proposal would change the regulations at 7 CFR 273.2(j)(2) pertaining to categorically eligible TANF households by limiting categorical eligibility to households that receive cash TANF or other substantial assistance from TANF. Categorical eligibility conferred by any non-cash assistance would be limited to substantial ongoing assistance or services, such as child care, that have an eligibility determination process similar to cash TANF.  This rule would not alter categorical eligibility for Supplemental Security Income (SSI) households or General Assistance (GA) households.

FNS adheres to Freedom of Information Act (FOIA) provisions at 5 U.S.C. 552 and 7 CFR part 1. Currently, because SNAP regulations do address the issue, FOIA requests can delay administrative action determinations. This rule proposes to codify procedures to separate the FOIA request from the administrative action process, allowing FNS to avoid delays in administrative determinations.

Section 738 of the Consolidated Appropriations Act, 2008, (Pub. L. 110-161) extends simplified cost accounting procedures to Summer Food Service Program (SFSP) sponsors in all States. Beginning on January 1, 2008, sponsors received the maximum rates of reimbursement for the eligible meals they served. This final rule will amend 7 CFR part 225 to eliminate the program assistance requirements that no longer apply and to implement a number of other actions that would further streamline SFSP administration.

This final rule implements provisions of the Agricultural Act of 2014 (Pub. L. 113-79, the Farm Bill) with regard to the processing of donated foods, and to further amend current regulations to provide more efficient and effective service to State distributing and recipient agencies, including School Food Authorities.

The final rule will address sections 4007, 4008, 4009, and 4015 of the Agricultural Act of 2014. Section 4007, Eligibility Disqualifications, will address student eligibility for Supplemental Nutrition Assistance Program (SNAP) benefits. Section 4008, Eligibility Disqualifications for Certain Convicted Felons, will address SNAP eligibility of certain convicted felons who are not in compliance with the terms of their sentence. Section 4009, Lottery and Gambling Winners, will address ineligibility for SNAP beneficiaries with substantial gambling or lottery winnings. Section 4015, Mandating State Immigration Verification, will address the procedures States must have in place to verify immigration status.

FNS is reviewing comments in response to the interim final rule of November 30, 2017, and intends to promulgate a final rule.

The SNAP: Certification, Eligibility, and Employment and Training Provisions of the Food, Energy and Conservation Act of 2008 final rule was published on January 6, 2017. The interim final portion of the rule increased requirements for Group Living Arrangements and Drug and Alcohol Treatment Centers.   All comments received on the interim changes were negative and indicated that the regulatory change presented significant technical and administrative challenges.  For these reasons, FNS wants to determine how best to address the needs of this particular population through separate, focused rulemaking.  This final rule will remove some or all of the interim provisions published on January 6, 2017 and return to the administrative requirements previously in place.

This rule would remove a regulatory requirement for the Food Distribution Program on Indian Reservations (FDPIR) at 7 CFR 253.11(i)(2) requiring State agencies and Indian Tribal Organizations (ITOs) to return to the Food and Nutrition Service (FNS) any unobligated funds within 90 days following the close of each Federal fiscal year, which ends on September 30.  This requirement is no longer necessary now that the funds are provided on a two-year basis. 

The Forest Service proposes the amendment of its locatable mineral regulations that better reflect the needs of both the Forest Service and mining industry. By addressing recent issues and remedying existing weakness in current regulations that have been identified, the Forest Service will be in a better position to better implement its mining regulations.

The Forest Service plays a role in the leasing and development of Federally owned oil and natural gas found on National Forest System lands in partnership with the Bureau of Land Management. Updating the regulations will afford an opportunity to modernize and streamline analytical and procedural requirements and help provide a more consist approach to oil and gas management across the National Forest System.

The Agency proposes to reform its National Environmental Policy Act (NEPA) regulations (36 CFR 220) through this proposed rule, and will concurrently propose reforms to its internal NEPA directives FSM 1950 and FSH 1909.15. The proposed rule revises the NEPA process, including aspects of the analysis framework, scoping and public engagement, and determining significance. In addition, the proposed rule develops additional categorical exclusions. The Agency has identified reforms needed to achieve greater efficiency in its NEPA implementation including eliminating outdated requirements, clarifying existing concepts and requirements, and incorporating new concepts.  

This procedural final rule will provide greater opportunity for public participation in the formulation of standards, criteria and guidelines applicable to Forest Service programs by: (1) expanding the scope of documents subject to such review; (2) utilizing technologies that were not available when these regulations were last amended in 1984 to ensure a broader swath of the interested public is notified of opportunities to review and comment on policy changes; and (3) increasing the efficiency of the directive revision process to reduce administrative costs and permit more frequent and timely updates. Consistent with 5 U.S.C. 553(d)(1), this rule was issued as a final rule with comment as it imposes no additional burdens on any governmental entity or the public but expands the ability of such parties to comment upon the issuance of Agency policies set forth in Forest Service rules and guidance. 

The Forest Service published in the Federal Register a Notice of Interim Directive on June 6, 2013 (78 FR 34031), which proposed revisions to Forest Service Manual (FSM) 2523, Burned Area Emergency Response (BAER). These revisions clarify the objective of the BAER program; provide clear policy for regions or forests to conduct post-fire emergency stabilization while applying appropriate cost constraints in order to avoid fire transfer of funds; assign approval authority to the regional foresters (currently the Washington Office director of Watershed, Fish, Wildlife, Air, and Rare Plants); provide a definition of a BAER emergency; define several other key terms; enumerate the program constraints; clarify the distinction between the BAER and post-fire rehabilitation programs; establish a new process for the BAER program; and establish oversight for program accountability.

The USFS is proposing to revise the national rangeland management and grazing permit directives.  The Agency plans to publish an Advance Notice of Proposed Rulemaking (Notice of Intent for Directives) to obtain public comment and provide clarity and direction on range management and grazing permit administration.  New information resulting from legislation and/or litigation would be added, information that is now obsolete would be removed and information that has been identified by field personnel as confusing or ambiguous would be clarified. This would allow interested public an opportunity to provide input on changes needed to the existing directives prior to creating proposed directives.

The Forest Service is proposing to revise the final rule implementing the Community Forest and Open Space Program (Community Forest Program or CFP). After selecting and awarding the first round of grants using the initial rule, the agency realized the current regulation (36 CFR 230 subpart A) had some inconsistencies and lacked in efficiency, hindering the agency from fully meeting the intent and purposes of the Community Forest Program.  On December 8, 2015, the Forest Service published a proposed rule revision to allow Community Forest and Open Space Program grant recipients to enter conservation easements with funding entities, convey or encumber an interest in community forest land to other eligible entities, clarify program-specific terms, streamline the application process, and implement OMB requirements. 

Additionally, the agency seeks to reduce the amount of paperwork and information collected during the application phase. Currently the agency requests an eight-page application, a map, all forms required for issuing a grant, and a draft community forest plan. The agency has determined that the current application process ismoreburdensomeon applicants than is necessary, and all elements of the current process are not necessary to select quality community forest projects that meet the intent of the program.

Lastly, the agency seeks to clarify definitions and the use of technical assistancefunds. The agency seeks to provide clarification and reduce the amount of confusion caused by the unclear definitions.

In 1974, Congress designated the 57-mile Chattooga River (and its 15,432-acre corridor) as a component of the National Wild and Scenic River System. The uppermost portion of the Chattooga Wild and Scenic River (W&SR) is located in the Nantahala National Forest (NF) in North Carolina. The river flows in a southerly, southwesterly direction to form the boundary between the Chattahoochee National Forest (in Georgia) and the Sumter National Forest (in South Carolina). In the initial 1976 river management plan for the Chattooga River, the U.S. Forest Service used zoning to manage the upper and lower segments of the river for different recreational opportunities. As a part of that initial zoning effort, management direction prohibited floating on the upper segment above GA/SC Highway 28 (which includes a section of the river in the Sumter NF, a section of the river in the Chattahoochee NF, and all of the sections of the river in the Nantahala NF). Under the authority of 36 CFR 261.70(a)(7), these prohibitions were codified at 36 CFR 261.77 (in January 1978). In general terms, 36 CFR 261.77 prohibits floating activities on the Chattooga W&SR unless authorized by a permit. Consistent with the river management plan that was incorporated into the forest plans, the original terms and conditions of the permits issued pursuant to 36 CFR 261.77 allowed floating on the Chattooga W&SR, but only on that portion of the river located downstream of GA/SC Highway 28. On January 31, 2012, the Chattahoochee, Nantahala, and Sumter NFs issued Decision Notices that amended their Forest Plans to incorporate new management direction for the Chattooga W&SR. Generally, these new decisions allow floating above GA/SC Highway 28 with certain restrictions. To be consistent with this new management direction, the agency is proposing to amend 36 CFR 261.77.

Enactment of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-234) on January 3, 2008 provides the legal authority for this proposed rulemaking. Specifically, section 9002(a)(3)(B)(iii) states that the BioPreferred Program (Program) guidelines shall "automatically designate items composed of intermediate ingredients and feedstocks designated under clause (ii), if the content of the designated intermediate ingredients and feedstocks exceeds 50 percent of the item (unless the Secretary determines a different composition percentage is appropriate)". This proposed rule will designate for preferred procurement approximately 50 finished product categories including biodegradable foams, exterior paints and coatings, facial care products, paper products, office paper, rugs and floor mats, safety equipment, and traffic and zone marking paints. In Round 11, the Program proposed the designation of several intermediate ingredient or feedstock product categories. The products that fit these intermediate product categories are typically used to manufacture finished products that may be grouped in the proposed finished product categories. Furthermore, there are currently United States Department of Agriculture (USDA) Certified Biobased Products that meet the definitions of these proposed finished product categories. Therefore, designating these product categories for preferred procurement would be an added benefit for the manufacturers of the USDA Certified Biobased Products and would bring the BioPreferred Program's two major initiatives closer to alignment in terms of the product categories recognized.

This final rule was issued to adjust for inflation each civil monetary penalty (CMP) provided by law within the jurisdiction of the United States Department of Commerce (Department of Commerce). The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, required the head of each agency to adjust for inflation its CMP levels in effect as of November 2, 2015, under a revised methodology that was effective for 2016 which provided for initial catch up adjustments for inflation in 2016, and requires adjustments for inflation to CMPs under a revised methodology for each year thereafter. The 2017 adjustments for inflation to CMPs to the Department of Commerce's CMPs were published in the Federal Register on December 28, 2016, and became effective January 15, 2017. The revised annual methodology provides for the improvement of the effectiveness of CMPs and to maintain their deterrent effect. Agencies' annual adjustments for inflation to CMPs shall take effect not later than January 15. The Department of Commerce's 2018 adjustments for inflation to CMPs apply only to CMPs with a dollar amount, and will not apply to CMPs written as functions of violations. The Department of Commerce's 2018 adjustments for inflation to CMPs apply only to those CMPs, including those whose associated violation predated such adjustment, which are assessed by the Department of Commerce after the effective date of the new CMP level.