This rule would revise USDA's generally applicable regulation in 7 CFR part 16 regarding the equal protection of faith-based organizations in the Department's programs and activities. These revisions are being undertaken to implement the provisions of Executive Order (EO)13559, "Fundamental Principles and Policymaking Criteria for Partnerships with Faith-Based and Other Neighborhood Organizations." Executive Order 13559 revised Executive Order 13279, which provides the legal basis for USDA's current faith-based rules, by changing terminology, clarifying existing principles, and prescribing additional beneficiary protections. Some of the changes that pertain to this rulemaking include restating "inherently religious activities" as "explicitly religious activities," clarifying the distinction between direct and indirect Federal financial assistance, and implementing the beneficiary protections specified in section 2(h) of Executive Order 13559.

USDA seeks to issue a Department-wide regulation to implement provisions of the Age Discrimination Act of 1975, as amended, and the Governmentwide age discrimination regulation promulgated by HHS to prohibit age discrimination in programs and activities receiving Federal financial assistance.

This document revises the delegations of authority from the Secretary of Agriculture and general officers of the Department of Agriculture (USDA) principally to reflect changes and additions to the delegations required by the Agricultural Act of 2014, Public Law 113-79.

Adopts and implements OMB's final guidance on Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Implements 2 CFR Part 200 and puts in USDA-specific requirements into 2 CFR 415, 416, and 422. USDA will be removing five parts in title VII.

The U.S. dairy market has changed a great deal since the dairy import licensing regulation was promulgated in 1996. In intervening years there have been significant advances in technology and telecommunications and certain processes; for example, issuing new or reallocated licenses can now be managed in less time. While in 1996 the United States was a major net importer of cheese, in 2011 the United States is a net exporter of cheese. Given such large changes in the dairy market environment, we are requesting comments on various aspects of the program, such as how the fees are calculated and the basis upon which historical and lottery licenses are issued each year.

Under the provisions of the Agricultural Act of 2014, the final rule will incorporate updates to the Export Credit Guarantee Programs. The purpose is to repeal all references to the GSM-103 program and to incorporate improvements and changes to the implementation and operation of the GSM-102 program. Changes for the final rule incorporate program operational changes and information from press releases and notices to participants that have been implemented since the publication of the current rule, and include other administrative revisions to enhance clarity and program integrity. These changes should increase program availability to all participants and enhance access for smaller U.S. exporters and their sales. The final rule eliminates provisions for the Intermediate Export Credit Guarantee (GSM-103) Program, consistent with the removal of authority to operate this program in the 2008 Farm Bill.

This rule will provide the Farm Service Agency (FSA) with an environmental compliance regulation that updates, improves, and clarifies its requirements to comply with the National Environmental Policy Act; the National Historic Preservation Act; and numerous other environmental and cultural resource laws, regulations, and Executive orders. It will also make the regulation consistent for both FSA's Farm Loan Programs and Farm Programs. Also, it will remove outdated regulations used by FSA from chapter XVIII of the Code of Federal Regulations, formerly used by the predecessor to FSA, the Farmers Home Administration. The changes will promote predictability and reduce uncertainty for environmental compliance related to actions for FSA programs. The changes will coordinate, simplify, and harmonize the environmental compliance rules.

The Farm Service Agency (FSA) administers the CCC-approved Cotton Warehouse Program for CCC.  FSA is amending the regulations that specify the requirements for CCC approved cotton warehouses. The amendment clarifies the definition of Bales Made Available for Shipment (BMAS). CCC-approved cotton warehouses are required to report BMAS, among other data, to CCC every week. The amendment clarifies that bales made available, but not picked up (BNPU), cannot be "counted" as BMAS for longer than two weeks. There is no such time limit in the current regulation. A conforming change will be made to the CCC Cotton Storage Agreement.

The Commodity Credit Corporation (CCC) is amending regulations for the Noninsured Crop Disaster Assistance Program (NAP). NAP is administered for CCC by the Farm Service Agency (FSA). NAP provides producers of crops that are not eligible for crop insurance with a basic level of risk management coverage. NAP provides financial assistance to producers of non-insurable crops when low yield, loss of inventory, or prevented plantings occur due to a natural disaster. The rule includes changes to NAP required by the 2014 Farm Bill. The changes include revised NAP eligibility requirements for coverage on tilled native sod, and added coverage for sweet sorghum and biomass sorghum. Beginning and socially disadvantaged farmers will be eligible for service fee waivers. New "buy up" provisions will allow producers to buy additional NAP coverage for an additional premium. While the rule does not have a statutory deadline, the 2014 Farm Bill requires changes to the NAP program beginning with the 2015 coverage year, which begins as early as May 2014.  In addition to the 2014 Farm Bill changes, the rule also makes the following changes:

• Adds NAP coverage for organic crops.
• Expands NAP coverage for mollusks, a common aquaculture crop. Specifically, it removes the current requirement that eligible mollusk inventory be seeded and raised in containers or similar devices designed to protect the aquaculture species.

As required by the 2014 Farm Bill, the Farm Service Agency (FSA) is revising the regulations on the eligibility requirements to allow entities to participate in the Farm Loan Programs (FLP). FSA is expanding FLP eligibility conditions for legal entities, and allowing farming operations that previously were ineligible to qualify for loans. FSA is providing additional flexibility for loan applicants to meet the required three years of farming experience before purchasing real estate through FSA's direct Farm Ownership (FO) Program. FSA is also increasing the maximum initial and total indebtedness on Microloans (ML) from $35,000 to $50,000.

The interim rule implements mandatory changes to the conservation compliance regulations in 7 CFR part 12 as required by the Agricultural Act of 2014 (the 2014 Farm Bill). The current regulations require participants in most USDA programs to comply with conservation compliance measures on any land that is highly erodible or that is considered a wetland. The 2014 Farm Bill expands current conservation compliance requirements to apply to producers who obtain subsidized Federal crop insurance under the Federal Crop Insurance Act. It also slightly modifies the existing wetlands "Mitigation Banking" program to remove the requirement that USDA hold easements in the mitigation program.

The Agricultural Act of 2014 (the 2014 Farm Bill) extends and revises the Biomass Crop Assistance Program (BCAP) and authorizes funding through 2018. BCAP provides financial assistance to producers who establish and harvest biomass crops. The 2014 Farm Bill adds some new payment amounts and eligibility restrictions, but the core goals of BCAP are unchanged. The definition of eligible materials removes bagasse as an eligible material and requires that all woody biomass be harvested directly from the land. Materials used for research are added as an eligible material. The 2014 Farm Bill reduces the payment for collection, harvest, storage, and transportation matching payments from $45 per dry ton under the 2008 Farm Bill to $20 per dry ton. The regulation revises the previous specification that FSA prioritized project areas to now specify that, as required by the 2014 Farm Bill, at least 10 percent of payments will be matching payments.

The Agricultural Act of 2014 (the 2014 Farm Bill) reauthorizes Marketing Assistance Loans (MAL) and Loan Deficiency Payments (LDP) for all eligible commodities including cotton and honey, and sugar loans, for the 2014 through 2018 crop years. The MAL and LDP programs allow producers to receive short-term loans against their crops, so that producers can market their crops at a time that is convenient for them, rather than being forced to sell immediately after harvest to pay the bills. The MAL and LDP programs are continued with no changes to the loan rates except for cotton, and there are no other changes to the basic structure of the programs. The rule removes the references to the program years that previously limited it to 2008-2012, and makes some minor discretionary changes to add clarity to the regulations. MALs, LDPs and sugar loans are Commodity Credit Corporation (CCC) programs administered by the Farm Service Agency (FSA).

The rule implements regulatory changes required by the Agricultural Act of 2014 (2014 Farm Bill) to change certain program requirements in the Farm Loan Programs (FLP) regulations. The changes: 

• increase percent of guarantees on Conservation Loans (CL),
• reduce interest rates for direct Farm Ownership (FO) loans made under a joint financing arrangement,
• increase the loan limit for direct FO loans made under the Down Payment Program,
• remove the rural residency requirements for Youth Loan (YL) applicants,
• allow a borrower who had debt forgiveness on YL to receive future Federal loans under certain conditions,
• revise Microloans (ML) for beginning and veteran farms to exclude them from the existing direct Operating Loan (OL) term limitations,
• make a special ML interest rate available to beginning and veteran farmers,
• eliminate certain appraisal requirements,
• remove term limits on guaranteed OLs, and 
• change the term from "median" to "average" in the definition of a beginning farmer.

The rule implements changes to CRP required by the 2014 Farm Bill. CRP assists producers in conserving and improving soil, water, and wildlife resources by converting highly erodible and other environmentally sensitive acreage to a long-term vegetative cover. The core scope of CRP will not change. The changes required by the 2014 Farm Bill include providing an "early out" for contract cancellations in 2015, removing the requirement for a payment reduction for emergency haying and grazing, and allowing non-cropland (grasslands) in CRP. CRP is a Commodity Credit Corporation (CCC) program administered by the Farm Service Agency (FSA).

The Agricultural Act of 2014 (the 2014 Farm Bill) reauthorizes the Livestock Indemnity Program, the Livestock Forage Disaster Program, the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program, and the Tree Assistance Program, with some changes. The rule implemented the disaster assistance programs as authorized by the 2014 Farm Bill.  In addition, the rule amended the payment eligibility and payment limits regulations as required by the 2014 Farm Bill for the disaster assistance programs and other FSA programs and FSA administered CCC programs.

The 2014 Farm Bill authorizes CTAP to assist producers of upland cotton in 2014 and 2015. The rule specifies the eligibility requirements and payment amounts for CTAP. CTAP provides assistance to cotton producers for the period between the end of the Direct and Counter-cyclical Payments Program (DCP) and Average Crop Revenue Election (ACRE) Program, which was not reauthorized by the 2014 Farm Bill, and the start of the new Stacked Income Protection Plan (STAX), which is administered by the USDA Risk Management Agency (RMA), authorized to begin no later than the 2015 crop year.

The rule establishes new dairy programs as authorized by the Agricultural Act of 2014 (the 2014 Farm Bill), the Margin Protection Program for Dairy (MPP-Dairy) and Dairy Product Donation Program (DPDP). MPP-Dairy will pay dairy producers when the difference ("margin") between the price for milk and the cost for feed falls below a certain dollar amount. Producers will be eligible for a basic level of margin protection for a small administrative fee, and be able to purchase greater coverage for a premium. The rule specifies the eligibility requirements and payment formulas for the program as specified in the 2014 Farm Bill. It also specifies the requirements for DPDP, through which USDA will purchase dairy products when the dairy production margin falls below the "trigger" level and distribute those dairy products to individuals in low-income groups through public and private nonprofit organizations.  USDA Food and Nutrition Service will administer the distribution of the dairy products.  Both of these programs are Commodity Credit Corporation (CCC) programs administered by the Farm Service Agency (FSA).

The Agricultural Act of 2014 (the 2014 Farm Bill) authorizes the new Agriculture Risk Coverage (ARC) and Price Loss Coverage (PLC) Programs. The rule specifies the eligibility requirements and payment formulas for the ARC and PLC Programs. ARC is a revenue-based program that provides payments when a farm's revenue declines below a specified guarantee level. PLC provides payments when the price for a covered crop declines below its "reference price" set in the 2014 Farm Bill. Eligible producers must make an irrevocable decision to participate in ARC or PLC for the 2014 through 2018 crop years. In addition, owners of farms have a one-time opportunity to reallocate base acres and update program payment yields.  ARC and PLC are Commodity Credit Corporation (CCC) programs administered by the Farm Service Agency (FSA).

The Federal Crop Insurance Corporation (FCIC) proposes 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. The intended effect of this action is to 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 Federal Crop Insurance Corporation proposes to replace the General Administrative Regulation-subpart V-Submission of Policies, Provisions of Policies and Rates of Premium to incorporate legislative changes to the Federal Crop Insurance Act (Act) stemming from the Agricultural Act of 2014, clarify existing regulations, lessen the burden of submitters of crop insurance policies, provisions of policies, or rates of premium under section 508(h) of the Act, provide guidance on the submission and payment for concept proposals under section 522 of the Act, and to incorporate changes that are consistent with those made in the Common Crop Insurance Policy Basic Provisions.

The Federal Crop Insurance Corporation amends the General Administrative Regulations-Ineligibility for Programs under the Federal Crop Insurance Act, the Catastrophic Risk Protection Endorsement, the Area Risk Protection Insurance Regulations, and the Common Crop Insurance Regulations, Basic Provisions to revise those revisions affected by changes mandated by the Agricultural Act of 2014 (commonly referred to as the 2014 Farm Bill), enacted on February 7, 2014.

This rule will convert the Forage Seed Pilot Crop Insurance Program to a permanent program. The Forage Seed Pilot Program began in the 2002 crop year in 10 counties in the States of California, Idaho, Montana, Nevada, Oregon, Washington, and Wyoming.

The Agency published a proposed rule for the Rural Energy for America Program (REAP) on April 12, 2013 (78 FR 22044).  The agency is authorized under section 9007 of the Food, Conservation, and Energy Act of 2008 (as amended by the Agricultural Act of 2014) to provide grants for energy audits and renewable energy development assistance; grants for renewable energy system feasibility studies; and financial assistance for energy efficiency improvements and renewable energy systems. The 2014 Farm Bill directs that at least 20 percent of funds be used for grants of $20,000 or less, and up to 4 percent of mandatory funds for energy audits and Renewable Energy Development Assistance Grants. Eligible entities for energy audits and renewable energy development assistance include units of State, tribal, or local government; an instrumentality of a State, tribal, or local government; land grant or other institutions of higher education; rural electric cooperatives; RCID Councils or public power entities. Eligible entities for financial assistance for energy efficiency improvements and renewable energy systems include agricultural producers and rural small businesses.  The agency identified REAP as one of the Department’s periodic retrospective review of regulations under Executive Order 13563, and has proposed a tiered application approach that reduces applicant burden for technical reports and streamlines the narrative portion of the application.

The Agency published a proposed rule for the Business and Industry Guaranteed Loan Program on September 15, 2014 (78 FR 22044), which, when finalized, would revise the 1996 B&I regulations.  While there have been some minor modifications to the B&I Guaranteed Loan Program regulations since 1996, this action is in response to the implement 2014 Farm Bill provisions and makes needed refinements to the regulation.  These changes are design to enhance the program, improve efficiency, correct minor inconsistencies, clarify the regulations, and ultimately reduce delinquencies. The Agency held several lender meetings throughout the country to see how changes to the program could benefit lenders who utilize the program. The proposed changes being considered may result in a lower the subsidy rate.  The rule, when finalized, is intended to increase lending activity, expand business opportunities, and create more jobs in rural areas, particularly in areas that have historically experienced economic distress.

RD is proposing to revise program regulations within RBS, RUS, and RHS to update population-, income-, and unemployment-related data sources referenced in program regulations. These changes will have little to no impact on applicants. The only impact, which is marginal at most, is that there may be some change in the amount of funds a particular State may receive as a result of using Bureau of Labor Statistics in lieu of Census Bureau data previously reported in the decennial Census.

This regulation will combine the current Rural Business Enterprise Grant and the Rural Business Opportunity Grant into one regulation as required by the 2014 Farm Bill.

The Biorefinery Assistance Program was authorized under the 2008 Farm Bill. The 2014 Farm Bill continues the authority established by the 2008 Farm Bill but made changes to the program that require revisions to existing regulations. The 2014 Farm Bill changed the program's name to the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program and mandated that the program provide loan guarantees for the development, construction, and retrofitting of commercial-scale biorefineries as well as biobased product manufacturing facilities. Increasing production of homegrown renewable fuels, chemicals, and biobased products has grown; so has the need to develop and produce them. Rural Business-Cooperative Service (RBS) offers opportunities to producers to develop and manufacture such products through the Biorefinery, Renewable Chemical, and Biobased Product Manfacturing Assistance Program. RBS published the Biorefinery Assistance Program proposed rule in the Federal Register on April 18, 2010, (75 FR 20044) and an interim rule on February 14, 2011, both with 60-day comment periods. Comments were received from biofuel and bio-products producers, banking and investment institutions, attorneys, and research and development companies. In addition to the program changes required by the 2014 Farm Bill, RBS needs to address the comments received to the February 14, 2011, interim rule. The Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program focuses on accelerating the commercialization of production of advanced biofuels and renewable chemicals, as well as biobased product manufacturing.

This interim rule implements section 6025 Strategic Economic and Community Development under the Agricultural Act of 2014 (2014 Farm Bill). Unless the Agency provides otherwise, the Agency will reserve up to 10 percent of the funds appropriated to certain Rural Development (RD) programs each fiscal year to fund projects that support the implementation of strategic economic and community development plans across multi-jurisdictional areas. The programs from which funds will be reserved are community facility programs, water and waste disposal programs, and rural business and cooperative development programs. To be eligible for the reserved funds, projects must be first eligible for funding under the programs from which the funds are reserved. In addition projects must be carried out solely in rural areas. Any reserved funding that is not obligated by June 30 of the fiscal year in which the funds were reserved will be returned to the programs regular funding accounts.

The purpose of this action is to address several issues based on an OIG audit conducted on the IRP in June 2010. The Agency is making changes to the regulation as it relates to oversight controls, such as revising Form RD 1951-5, "IRP Field Visit Form," and other administrative items. The Agency is addressing the definition "revolved funds" as it relates to Federal funds, which has led to confusion among RBS staff; providing guidance on the number of alternative recipients to visit per intermediary; and to finding the requirement of "prompt" relending as it relates to intermediary requesting subsequence loan.

The purpose of this action is to make corrections to a direct final rule that was published in the Federal Register on Friday, September 19, 2008. The rule became effective November 3, 2008. However, due to an adverse comment received very close to the end of the commenting period, the Agency was unable to withdraw the rule in a timely manner. This will reinstate the regulation as it stood prior to November 3, 2008.

The Rural Business-Cooperative Service (RBS) is proposing to amend the 1940-L regulations for allocating programs funds to State offices as follows: 1. Rural Energy for America Program (REAP), Value Added Producer (VAPG), and Intermediary Relending Program (IRP) will be incorporated as State allocated programs, and allocation criteria will be developed for these programs. 2. A provision will be added that enables RBS to utilize the allocation criteria provided by the 1940-L for newly authorized programs without publishing a new 1940-L. 3. A provision will be added that enables RBS the flexibility to change whether a program, for a specific year, will be allocated to States or not. 4. For programs for which State allocations will be made, the allocation provisions will be made consistent for each such RBS program. 5. Update the data sources used to calculate the existing allocation criteria. 6. A provision will be added that enables RBS to change the weightings of the criteria used to make State allocations through the publication of a notice in the Federal Register.

This proposed rule proposes new requirements concerning the use of a Fiscal and Transfer Agent (FTA) for the sale of Rural Business-Cooperative Service (RBS) and Business and Industry (B&I) guaranteed loans on the secondary market after the date of the announcement in the Federal Register of the selection of the FTA (referred to as the Implementation Date). In brief, the proposed changes may require that when a B&I guaranteed loan is sold, in whole or in part, on the secondary market after the Implementation Date, the sale may be registered and processed through the FTA selected for the B&I program if the loan note guaranteed was issued after the Implementation Date. The proposed changes would not require any lender to sell any portion of a B&I guaranteed loan on the secondary market versus retaining it in originating lender's loan portfolio.

In order to facilitate the programmatic interest of the Rural Electrification Act that loans made or guaranteed by the Agency are adequately secured, the Agency has established certain standardized forms for materials and equipment and the construction of electric and telecommunications systems. The use of standard forms, construction contracts, and procurement procedures helps to ensure that appropriate standards and specifications are maintained by the borrower, the Agency's loan security is not adversely affected, and the loan and loan guarantee funds are used effectively and for the intended purpose. The Rural Utilities Service is issuing a new equipment contract, RUS Form 395, for use by telecommunications program borrowers. The new contract will reflect present business and utilities practices, as well as changes in technology, services, and equipment.

The Rural Utilities Service is amending regulations for the Rural Broadband Access Loan and Loan Guarantee program to implement section 6104 of the Agriculture Act of 2014 (2014 Farm Bill).

In this proposed rule, the Rural Housing Service (RHS) proposes to a comprehensive civil rights regulation to provide detailed guidelines to improve compliance with applicable enacted civil rights laws. Mechanisms for monitoring compliance by USDA field offices and recipients of Federal financial assistance at all levels will decrease the Agency's vulnerability that exists due to compliance issues.

The Rural Housing Service published a proposed rule on June 2, 2003, (68 FR 32872], 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' requirements with those currently established by HUD.

The Agency will consolidate the applicable portions of the seven regulations used to service Community Facilities direct loans and grants into one streamlined regulation. The consolidation will improve the Agency's ability to service its portfolio and will ensure that the Government's investment is protected and maximized. The proposed action will have no financial impact on the public or the Agency and will be in the best interest of the Government and the public. The consolidation and update will provide an improved basis for servicing Community Facilities direct loans by providing servicing options that will enable facilities to recover from delinquent situations and continue operating and providing essential services to the public. The Agency also expects this action to reduce the use of program loan cost expense funds to maintain inventory properties. Streamlining seven regulations into one regulation will provide a user-friendly document that will reduce the time burden on Agency staff as well as provide an easy-to-understand reference for the public.

The Agency plans to consolidate and update three regulations, 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. It will also 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. * 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. * Add "Exception Authority" to allow for the granting of exceptions by the 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 (RHS) published a proposed rule June 2, 2003 (68 FR 32872), 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. An interim rule was published November 26, 2004 (69 FR 69032-69176) to implement those changes, with an effective date of February 24, 2005. This proposed rule is to amend the interim rule 7 CFR 3560 regulations to change program requirements at the property level that will reduce operating costs for the project owner and thereby reduce financial reporting requirements, address operational issues regarding rent increases, surplus cash, and allow for a performance assessment of management agents against which the management fee will be calculated, and provide for establishment of a priority order for renewal of Rental Assistance contracts. The change will also make technical corrections to clarify reference and formatting issues in the regulation.

The Agency seeks to expand its lender indemnification authority for loss claims in the case of fraud, misrepresentation, or noncompliance with applicable loan origination requirements; amend special loan options to include principal reductions which lenders may utilize to mitigate losses while still maintaining the SFHGLP loan guarantee; amend refinance provisions to include a streamlined refinance option was tested in a successful pilot; and add a section clarifying that any loan guaranteed by the Agency is a "qualified mortgage" under the Dodd-Frank Wall Street Reform and Consumer Protection Act of (Pub. L. 111-203).

The Rural Housing Service has consolidated and streamlined the regulations pertaining to section 515 Rural Rental Housing, section 514 Farm Labor Housing Loans, section 516 Farm Labor Housing Grants, and section 521 Rental Assistance Payments. As in the interim final rule, 14 published regulations have been reduced to 1 regulation and handbooks for program administration. This will simplify loan origination and portfolio management for applicants, borrowers, and housing operators, as well as Rural Development field staff. This also provides flexibility for program modifications to reflect current and foreseeable changes. The consolidated regulations save time and simplify costs. Finally, the regulation is more customer-friendly and responsive to the needs of the public.

The Guaranteed Single-Family Housing Loan Program interim final rule encourages new residential construction in rural areas. The new rule provides for a "construction-to-permanent financing" process. Lenders will be able to obtain a loan note guarantee when construction commences, in a "single close" transaction, rather than first obtaining short-term construction financing and then later obtaining the guaranteed loan. The new rule streamlines the financing of building new homes. The interim final rule also expands the types of lenders who are eligible to participate, increasing the reach of the program to small community banks in remote areas and to credit unions with memberships who are teachers as well as other groups. The rule change will allow participation by any lending entity supervised and regulated by the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, the Federal Reserve Banks, or the Federal Housing Finance Board. Currently, these entities may not be eligible lenders.

The Rural Development is seeking to consolidate, simplify, and update all Agency environmental requirements into a common environmental regulation. This Rural Development regulation will replace 7 CFR 1794; the current Utilities environmental regulation, 7 CFR 1940-G; the current Housing/Business environmental regulation, 7 CFR 1901-F; the current Historic Preservation regulation; and 7 CFR part 1940-J, the current Intergovernmental Review regulation. This consolidation effort will produce a single user-friendly tool to help the program constituents, rural communities, and Rural Development staff and bring the environmental requirements of Agency actions in line with the environmental requirements of other Federal programs for similar actions. This rule consists of subparts A through O.

In the Single Family Housing (SFH) direct loan program, the current loan application packaging process is an informal arrangement and the packagers' level of program knowledge and expertise, as well as their level of service, is inconsistent. To address this, the Rural Housing Service (RHS) is proposing to amend its regulations for the SFH direct loan program to create a certified loan application process. Certified packagers will promote the direct loan program in eligible communities, informally prescreen interested parties to determine their likelihood of qualifying for the program, and fully prepare and document the loan application package on behalf of the applicant for submission to the Agency. The certified loan application process will include the requirements for eligible individuals to obtain the designation of an Agency-certified loan application packager and the requirements for qualified nonprofit organizations and public agencies that employ certified packagers. These requirements will cover experience, training, proficiency, and structure. The process may also include Agency-approved independent nonprofit organizations that serve as intermediaries and perform quality assurance reviews on packaged loan applications prior to submission to the Agency. In addition, RHS is proposing to set limitations on the loan application packaging fee. The fee may not exceed 2 percent of the average area loan limit nationwide; the Administrator will periodically set a maximum dollar amount for the fee within this limit and set different maximum dollar amounts for certified packagers working with and without intermediaries. These amounts will be published on the Agency's website as an attachment to HB-1-3550. Agency financing of the packaging fee will remain dependent on the borrower's repayment ability and the total secured indebtedness limitation outlined in 7 CFR 3550.63.

The Rural Housing Service (RHS) published a proposed rule on June 2, 2003 (68 FR 32872), 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. Title V of the Housing Act of 1949 authorizes the programs covered by this part. An interim rule was published November 28, 2004 (69 FR 69032-69176), to implement those changes, with an effective date of February 24, 2005. As part of the implementation of the interim rule, Civil Monetary Penalties were included as an enforcement provision in section 3560.641(b). RHS proposes to amend its regulations to create a new section, for imposing civil monetary penalties under the authority of 42 U.S.C. 1490s (section 543 of the Housing Act of 1949, as amended (Act)) (Housing Act CMP). RHS also proposes to adopt the USDA civil monetary penalty provisions for the Program Fraud Civil Remedies Act of 1986 (PFCRA) in a revision to an existing section (PFCRA CMP). The new section will include an amended version of the existing Housing Act CMP provision together with additional language providing procedural guidance.

Through this action, the Rural Housing Service (RHS) is proposing to amend its regulation at 7 CFR section 3560.306 to change the requirements of the Reserve Account for the section 515 Rural Rental Housing (RRH) program. The intended effect of this action is to address reserve account requirements of requiring an Agency countersignature with the borrower when a Section 538 guaranteed loan is involved and also clarifying that reserve account funds cannot be used to pay for fees associated with the section 538 guarantee loan program.

When the Agricultural Act of 2014 (2014 Farm Bill) (Pub. L. 113-79) was passed on February 7, 2014, section 6208 of the Farm Bill, amended language to section 520 of the Housing Act of 1949 to include language that; an area deemed rural as of October 1, 1990 and later determined not to be rural after the 1990, 2000 or 2010 census, or an area deemed rural anytime between January 1, 2000 and December 31, 2010 will retain eligibility until the receipt of the 2020 census data if the area has a population in excess of 25,000 but not in excess of 35,000, is rural in character, and has a serious lack of mortgage credit. To ensure that 7 CFR 3550 is in line with the new housing act provisions, RHS proposes to revise the regulation (7 CFR 3550) to include the new language of the Housing Act of 1949, as amended.

Section 6006 of the Agricultural Act of 2014 (Act) requires the Agency to create a technical assistance and training grant program. The program will provide funding to public bodies, Indian tribes and non-profit corporations with experience providing technical assistance to eligible Community Facilities applicants to carry out the following eligible purposes that are directly associated with developing or improving essential community facilities: - Assistance in identifying and planning community facility needs; - Identification of public and private resources to finance community facility needs; - Preparation of reports and surveys necessary to request financial assistance to develop community facilities; - Preparation of applications for financial assistance; - Improving the management, including, the financial management, related to the operation of community facilities; or - Assistance with other areas of need identified by Rural Development.

When the 7 CFR 3550.68 Payment Subsidies were changed in April 2008, to include new language for payment method 2, the existing language for payment assistance (method 1) was inadvertently restated incorrectly. Since then, RHS has continued processing payment assistance method 1 subsidies under the intent of the definition and not the new 2008 CFR change. RHS proposes to revise the regulations (CFR 3550) to correct the error which will essentially save the agency millions of dollars.

The Agricultural Act of 2014 (the 2014 Act) made mandatory changes to several conservation programs, including: 1) Requiring review of the operating procedures for the State Technical Committee (7 CFR part 610, subpart C), 2) Authorizing the Secretary to use the authorities of the Watershed Protection and Flood Prevention Act (watershed operations), except for Watershed Rehabilitation Program, in the implementation of the new Regional Conservation Partnership Program (RCPP) (7 CFR part 622), 3) Expanding the definition of "acreage owned by Indian tribes" under the Healthy Forests Reserve Program (HFRP) (7 CFR part 625), and 4) Replacing minimum aggregate State allocation amounts of $15 million with a 0.6 percent of aggregate program funding allocation amount under Regional Equity (7 CFR part 662) Additionally, NRCS was delegated authority for implementation of the Voluntary Public Access and Habitat Incentive Program (VPA-HIP) (7 CFR part 1455). Internal NRCS administrative changes warrant updating the appropriate delegated official in the Technical Service Provider provisions (7 CFR part 652). Finally, NRCS administers the Agricultural Management Assistance (AMA) (7 CFR part 1465) program consistent with the Environmental Quality Incentives Program (EQIP) administrative requirements. Though the 2014 Act did not make any changes to the AMA program, minor adjustments to the AMA program regulation are needed to maintain its consistency with EQIP.

The Agricultural Act of 2014 (the 2014 Act) consolidated the Wetlands Reserve Program (WRP), the Farm and Ranch Lands Protection Program (FRPP), and the Grassland Reserve Program (GRP) into a single Agricultural Conservation Easement Program (ACEP). The consolidated easement program has two components – an agricultural land easement component and a wetland reserve easement component. The agricultural land easement component is patterned after the former FRPP with GRP's land eligibility components merged into it. The wetland reserve easement component is patterned after WRP. Land previously enrolled in the three contributing programs is considered enrolled in the new ACEP.

NRCS promulgated the current EQIP regulation on January 15, 2009 through an interim rule. The interim rule incorporated programmatic changes authorized by the Food, Conservation, and Energy Act of 2008 (the 2008 Act). NRCS published a correction to the interim rule on March 12, 2009, and an amendment to the interim rule on May 29, 2009. NRCS has implemented EQIP in FY 2009 through FY 2013 under the current regulation. The Agricultural Act of 2014 (2014 Act) amended Chapter 4 of Subtitle D of Title XII of the Food Security Act of 1985 by making the following changes to EQIP program requirements: 1) Eliminates requirement that contract must remain in place for a minimum of 1 year after last practice implemented, but keeps requirement that the contract term is not to exceed 10 years, 2) Consolidates elements of Wildlife Habitat Incentives Program (WHIP), and repeals WHIP authority, 3) Replaces rolling 6-year payment limitation with payment limitation for FY 2014-FY 2018, 4) Requires Conservation Innovation Grants (CIG) reporting no later than December 31, 2014 and every 2 years thereafter, 4) Establishes payment limitation established at $450,000 and eliminates waiver authority 5) Modifies the special rule for foregone income payments for certain associated management practices and resource concern priorities, 6) Makes advance payments are available up to 50 percent for eligible historically underserved participants to purchase material or contract services instead of the previous 30 percent, 7) Provides flexibility for repayment of advance payment if not expended within 90 days, and 8) Requires that for each fiscal year from of the FY 2014 to FY 2018, at least five percent of available EQIP funds shall be targeted for wildlife related conservation practices. The 2014 Act further identifies EQIP as a contributing program authorized to accomplish the purposes of the Regional Conservation Partnership Program (RCPP) (Subtitle I of Title XII of the Food Security Act of 1985, as amended). RCPP replaces the Agricultural Water Enhancement Program (AWEP), Chesapeake Bay Watershed Program (CBWP), Cooperative Conservation Partnership Initiative (CCPI), and the Great Lakes Basin Program for soil erosion and sediment control. Like the programs it replaces, RCPP will operate through regulations in place for contributing programs. The other contributing programs include the Conservation Stewardship Program, the Healthy Forests Reserve Program, and the new Agricultural Conservation Easement Program (ACEP). NRCS seeks to publish an interim rule to incorporate the 2014 Act changes to EQIP program administration. This regulation action is pursuant to Section 1246 of the Food Security Act of 1985, as amended by section 2608 of the 2014 Act, which requires regulations necessary to implement Title II of the 2014 Act be promulgated through the interim rule process.  

NRCS seeks to publish an interim rule to incorporate the 2014 Act changes to Conservation Stewardship Program (CSP) program administration. This regulation action is pursuant to Section 1246 of the Food Security Act of 1985, as amended by the 2014 Act, which requires regulations necessary to implement Title II of the 2014 Act through an interim rule with request for comments. Background: The Food, Conservation, and Energy Act of 2008 Act (2008 Act) amended the Food Security Act of 1985 (1985 Act) to establish CSP and authorize the program in fiscal years 2009 through 2013. The Agriculture Act of 2014 (the 2014 Act) re-authorizes and revises CSP. The purpose of CSP is to encourage producers to address priority resource concerns and improve and conserve the quality and condition of the natural resources in a comprehensive manner by: (1) undertaking additional conservation activities; and (2) improving, maintaining, and managing existing conservation activities. The Secretary of Agriculture delegated authority to the Chief, Natural Resources Conservation Service (NRCS), to administer CSP. Through CSP, NRCS provides financial and technical assistance to eligible producers to conserve and enhance soil, water, air, and related natural resources on their land. Eligible lands include private or tribal cropland, grassland, pastureland, rangeland, non-industrial private forest lands and other land in agricultural areas (including cropped woodland, marshes, and agricultural land or capable of being used for the production of livestock) on which resource concerns related to agricultural production could be addressed. Participation in the program is voluntary. CSP encourages land stewards to improve their conservation performance by installing and adopting additional activities, and improving, maintaining, and managing existing activities on eligible land. NRCS makes funding for CSP available nationwide on a continuous application basis.

This rulemaking would consolidate the regulations governing bovine tuberculosis (TB), currently found in 9 CFR part 77, and those governing brucellosis, currently found in 9 CFR part 78. As part of this consolidation, we are proposing to transition the TB and brucellosis programs away from a State status system based on disease prevalence. Instead, States and tribes would implement an animal health plan that identifies sources of the diseases within the State or tribe and specifies mitigations to address the risk posed by these sources. The consolidated regulations would also set forth standards for surveillance, epidemiological investigations, and affected herd management that must be incorporated into each animal health plan, with certain limited exceptions; conditions for the interstate movement of cattle, bison, and captive cervids; and conditions for APHIS approval of tests for bovine TB or brucellosis. Finally, the rulemaking would revise the import requirements for cattle and bison to make these requirements clearer and ensure that they more effectively mitigate the risk of introduction of the diseases into the United States.

This rulemaking would 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 would also 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 proposal would 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 would 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 regulations concerning the importation of animals and animal products to prohibit or restrict the importation of birds, poultry, and bird and poultry products from regions that have reported the presence in commercial birds or poultry of highly pathogenic avian influenza of any subtype. This action will supplement existing prohibitions and restrictions on articles from regions that have reported the presence of Newcastle disease or highly pathogenic avian influenza subtype H5N1.

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 proposing to amend the AWA regulations to enact this new provision. This change would provide 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 would be exempted from APHIS licensing and oversight under the AWA. Thresholds would be based primarily on business size. Our experience indicates that animal facilities operating at or below certain thresholds are generally capable of providing humane care to their animals. Animals posing a danger to public safety or security would have no de minimis exemption from licensing and regulation.

This action adopts as a final rule, with changes, an interim rule that amended the brucellosis regulations to, among other things, reduce the amount of testing required to maintain Class Free status for States that have been Class Free for five or more years and have no Brucella abortus in wildlife. This document amends the interim rule to change the age at which cattle and domestic bison are included in herd blood tests from 6 months to 18 months of age for all sexually intact cattle and domestic bison, except when conducting herd blood tests as part of affected herd investigations or other epidemiological investigations. In addition, the rule allows certain States the option of either conducting brucellosis ring tests and participating in the slaughter surveillance program or developing an alternative surveillance plan that would have to meet or exceed the level of disease detection provided by combined brucellosis ring testing and slaughter surveillance testing. The rule also makes several minor changes in order to clarify the regulations. These changes are necessary to create flexibility in the brucellosis program, to refocus resources to control and prevent the spread of brucellosis, and to protect and maintain the economic viability of the domestic livestock industry.

This rulemaking amends the regulations governing the importation of fruits and vegetables to allow the importation of female squash flowers from Israel into the continental United States. As a condition of entry, female squash flowers from Israel will be subject to a systems approach that includes requirements for pest exclusion at the production site and fruit fly trapping and monitoring. The female squash flowers must also be accompanied by a phytosanitary certificate issued by the national plant protection organization of Israel with an additional declaration that the female squash flowers have been inspected and found free of quarantine pests. This action allows for the importation of female squash flowers from Israel into the continental United States while continuing to provide protection against the introduction of quarantine pests.

This rulemaking amends the National Poultry Improvement Plan (NPIP, the Plan) and its auxiliary provisions by removing the descriptions of specific tests and sanitation procedures from the regulations. Instead, it requires tests to be performed and sanitation to be maintained in a manner approved by the Administrator. Approved procedures will be listed in an NPIP Program Standards document, which we are making available on the NPIP website. In addition, it establishes new compartment classifications for defined subpopulations of primary breeding turkeys, primary egg-type chickens, and primary meat-type chickens. It also provides new or modified sampling and testing procedures for Plan participants and participating flocks. The changes in this final rule were voted on and approved by the voting delegates at the Plan's 2010 and 2012 National Plan Conferences. These changes will streamline the provisions of the Plan, keep those provisions current with changes in the poultry industry and provide for the use of new sampling and testing procedures.

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) is establishing 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 (AAFCO) Model Regulations for Pet and Specialty Pet Food. The AAFCO 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 (i.e. beekeeping) products. Instead of continuing to allow certifying agents to certify apiculture to the organic livestock standards, this action would establish certification standards specifically for organic bees and bee products. 

This action proposes to establish standards for organic production and certification of farmed aquatic animals and their products in the USDA organic regulations. This action would also add aquatic animals as a scope of certification and accreditation under the National Organic Program. This action is necessary to establish standards for organic farmed aquatic animals and their products which would allow U.S. producers to compete in the organic seafood market. This action is also necessary to address multiple recommendations provided by USDA by the National Organic Standards Board (NOSB). In 2007 through 2009, the NOSB made five recommendations to establish standards for the certification of organic farmed aquatic animals and their products. Finally, the U.S. currently has organic standards equivalence arrangements with Canada and the European Union (EU). Both Canada and the EU have recently established standards for organic aquaculture products. Because the U.S. does not have organic aquaculture standards, the U.S. is unable to include aquaculture in the scope of these arrangements. Establishing U.S. organic aquaculture may provide a basis for expanding those trade partnerships.

As a result of this action, certified "organic" commodities (those comprising at least 95 percent organic components) would no longer be subject to assessment for promotion activities conducted under marketing order or research and promotion programs. In addition, certified organic commodities that are produced, handled, marketed, or imported by operations that also deal in conventional products would be eligible for exemptions. Currently, only products that are certified "100 percent organic" and that are produced and handled by entities that deal exclusively with organic products are exempt from assessments. This action is expected to reduce the assessment obligation for organic industry operators by as much as $13.7 million. Conversely, the impact on the marketing programs will be a loss of approximately $13.7 million in funds for generic commodity promotions.

This action would amend the National Organic Program (NOP) regulations concerning the Peer Review Panel to remove the requirement to establish a peer review panel pursuant to the Federal Advisory Committee Act (FACA). In its place, we would retain the requirement for an annual peer review, but have the review conducted by an independent, third-party panel of experts. The Organic Foods Production Act (OFPA) of 1990 provides for the Secretary of Agriculture to establish a peer review panel to assist in the evaluation of applicants for accreditation as certifying agents under the NOP. OFPA does not specify that the peer review panel must be conducted under FACA.

This action is in response to and consistent with recommendations submitted to the Secretary by the National Organic Standards Board (NOSB). This action is necessary to amend the National List of Allowed and Prohibited Substances for the following reasons: (1) adding biodegradable biobased mulch film provides an opportunity for crop producers to reduce landfilling of traditional plastic mulches and (2) adding nonorganic curry leaves and fruit broadens the options for ingredients allowed for use in organic processed products. The removal of the expired listings for hops and unmodified rice starch has no new regulatory effect since the allowances for these substances have previously expired.

The Department is required to announce the adjusted fee by June 1 each year, and it must be set at a sufficient level to recover the full costs of providing services. To meet the mandate that cotton growers pay a uniform fee that truly covers USDA's estimated cost of providing grading services, revenues and costs associated with classification services that will be provided during the 2014 crop year must be estimated. The user fee represents less than 1 percent of the average value of a bale of cotton, the cotton classing user fee has remained the same since 2009, and the publication of user fee adjustments over the past 10 years has generated no significant public comment.

The Agricultural Marketing Service (AMS) is proposing to amend its regulations to provide for a set of standardized formulas by which fees are calculated. The methodology used to calculate and implement the fees charged by AMS user-funded programs would be specified in the regulations. Currently, AMS publishes separate rules for each of the service fees it collects. The fees are calculated using formulas to account for all costs incurred by AMS in providing these services. Each year, fees would be announced in a notice in the Federal Register by June 1 and take effect at the start of the fiscal year, crop year, or as required by specific laws. This would provide greater transparency to the customers we serve as to how the fees are derived. The standardized formulas would be used to calculate fees that AMS charges for providing voluntary grading, inspection, certification, auditing and laboratory services for a variety of agricultural commodities including meat and poultry, fruits and vegetables, egg, dairy products, and cotton and tobacco. The fees would also apply to those persons requesting such services including producers, handlers, processors, importers and exporters. Provisions of this proposed rule would not supersede rates established by Memorandum of Understanding, Marketing Orders, or by cooperative agreements already in place. Furthermore, the cotton program would continue to consult with its industry before rates are established.

FSIS is proposing to amend the Federal meat and poultry products inspection regulations to define the conditions under which it will permit the voluntary claim "natural" to be used in the labeling of meat and poultry products. FSIS is also proposing that label approval requests for labels that contain "natural" claims include documentation to demonstrate that the products meet the criteria to bear a "natural" claim. FSIS is proposing to require that meat or poultry products meet these conditions to qualify for a "natural" claim to make the claim more meaningful to consumers.

FSIS is proposing to amend its meat products inspection regulations to add Namibia to the list of countries eligible to export meat products to the United States (9 CFR 327.2). Namibia is not currently listed as eligible to export such products to the United States. If this proposed rule is adopted, any meat and meat products exported to the United States from Namibia will be subject to reinspection at the ports-of-entry for transportation damage, labeling, proper certification, general condition, and accurate box count. FSIS will also conduct other types of inspection, including examination of products for defects and sampling and laboratory analysis of products' chemical residues, or for microbiological contamination. Products that pass reinspection will be stamped with the official United States mark of inspection, and allowed to enter United States commerce. If they do not meet United States requirements, they will be refused entry and must be re-exported, destroyed, or converted to animal food.

The Food Safety and Inspection Service (FSIS) is proposing to amend its regulations to require that all establishments that slaughter cattle (including calves) develop implement and maintain written procedures to prevent contamination of carcasses and parts by enteric pathogens (e.g. Salmonella and Shiga toxin-producing Escherichia coli (STEC)) and fecal material throughout the entire slaughter and dressing operation and that they incorporate their procedures into their Hazard Analysis and Critical Control Point plans or sanitation standard operating procedures (sanitation SOPs) or other pre-requisite programs (also referred to collectively as the HACCP system).
FSIS is also proposing to remove the current regulatory Salmonella performance standards for beef carcasses and ground beef from the regulations and the generic Escherichia coli (E. coli) testing requirements for cattle.

FSIS is affirming, with changes, the interim final rule "Control of Listeria monocytogenes in Ready-to-Eat Meat and Poultry Products," which was published in the Federal Register on June 6, 2003, (68 FR 34208; June 6, 2003). The interim final rule requires establishments that produce certain ready-to-eat (RTE) meat and poultry products that are exposed to the processing environment after undergoing treatments lethal to Listeria monocytogenes (Lm) to have in their hazard analysis and critical control point (HACCP) plans, or in their sanitation standard operating procedures (Sanitation SOPs), or other prerequisite programs, controls that prevent product adulteration by Lm. Establishments must share with FSIS data and information relevant to their controls for Lm. Establishments also must furnish FSIS with information on the production volume of products affected by the regulations. Establishments may make claims on the labels of their RTE products regarding the processes they use to eliminate or reduce Lm, or suppress, or limit its growth in the products. FSIS is proposing to make minor changes to regulatory provisions in response to comments that the Agency received and on the basis of experience in implementing the interim final rule. Specific Lm references would be removed from hold-and-test provisions to clarify that establishments may not release product that has been in contact with Lm-contaminated surfaces without reprocessing. In addition, FSIS would reduce the reporting frequency for establishments that maintain essentially the same processing methods, Listeria controls, and production volumes from year to year. FSIS will request comments on these minor changes.

FSIS is proposing to amend the ante-mortem inspection regulations to remove a provision that permits establishments to set apart and hold for treatment veal calves that are unable to rise from a recumbent position and walk because they are tired or cold (9 CFR 309.13(b)). The regulations permit such calves to proceed to slaughter if they are able to rise and walk after being warmed or rested. FSIS is proposing to require that non-ambulatory disabled (NAD) veal calves that are offered for slaughter be condemned and promptly euthanized. The existing regulations require that NAD mature cattle be condemned on ante-mortem inspection and that they be promptly euthanized (9 CFR 309.3(e)). FSIS believes that prohibiting the slaughter of all NAD veal calves would improve compliance with the Humane Methods of Slaughter Act of 1978 (HMSA), and the humane slaughter implementing regulations. It would also improve the Agency's inspection efficiency by eliminating the time that FSIS inspection program personnel (IPP) spend assessing and supervising the treatment of NAD veal calves.

The 2008 Farm Bill (Pub. L. 110-246, sec. 11016), amended the Federal Meat Inspection Act (FMIA) to make "catfish" a species amenable to the FMIA and, therefore, subject to FSIS inspection. In addition, the 2008 Farm Bill gave FSIS the authority to define the term "catfish." On February 24, 2011, FSIS published a proposed rule that outlined a mandatory catfish inspection program and presented two options for defining "catfish." The 2014 Farm Bill (Pub. L. 113-79, sec. 12106), amended the FMIA to remove the term "catfish" and to make "all fish of the order Siluriformes" subject to FSIS jurisdiction and inspection. As a result, FSIS inspection of Siluriformes is mandated by law and non-discretionary.

FSIS is developing final regulations to amend the meat, poultry, and egg product inspection regulations to provide for an electronic export application and certification system. The electronic export application and certification system will be a component of the Agency's Public Health Information System (PHIS). The export component of PHIS will be available as an alternative to the paper-based application and certification process. FSIS intends to charge users for the use of the system. FSIS is establishing a formula for calculating the fee. FSIS is also providing establishments that export meat, poultry, and egg products with flexibility in the official export inspection marks, devices, and certificates. In addition, FSIS is amending the egg product export regulations to parallel the meat and poultry export regulations.

FSIS is developing final regulations to establish a common or usual name for raw meat and poultry products that contain added solutions, and that do not meet a standard of identity. FSIS proposed to amend the meat and poultry labeling regulations to require that the common or usual name must include an accurate description of the raw meat or poultry component, the percentage of added solution, and the individual ingredients or multi-ingredient components in the solution listed in descending order of prominence by weight. The Agency also proposed that the print for all words in the common or usual name appears in a single easy-to-read type style and color, and on a single color-contrasting background. The Agency also intends to remove the standard of identity for "ready-to-cook poultry products to which solutions are added" (9 CFR 381.169).

FSIS has proposed regulations to require the use of the descriptive designation "mechanically tenderized" on the labels of raw or partially cooked needle- or blade-tenderized beef products, including beef products injected with marinade or solution, unless such products are destined to be fully cooked at an official establishment. Beef products that have been needle- or blade-tenderized are referred to as "mechanically tenderized" products. This rule would require that the product name for such beef products include the descriptive designation "mechanically tenderized," and an accurate description of the beef component. The rule would also require that the print for all words in the descriptive designation as the product name appear in the same style, color, and size, and on a single-color contrasting background. In addition, this rule would require that labels of raw and partially-cooked needle- or blade-tenderized beef products destined for household consumers, hotels, restaurants, or similar institutions include validated cooking instructions stating that these products need to be cooked to a specified minimum internal temperature, and whether they need to be held at that minimum internal temperature for a specified time before consumption, i.e., dwell time or rest time, to ensure that they are thoroughly cooked.

FSIS proposed to amend its recordkeeping regulations to specify that all official establishments and retail stores that grind raw beef products for sale in commerce must keep records that disclose the identity of the supplier of all source materials that they use in the preparation of each lot of raw ground product, and identify the names of those source materials.

FSIS is amending the poultry products inspection regulations to establish a new inspection system for young chickens and all turkeys. Young chicken and turkey slaughter establishments that do not choose to operate under the new poultry inspection system may continue to operate under their current inspection systems. The Agency is also making several changes to the regulations that will affect all establishment that slaughter poultry other than ratites.

FSIS is developing final regulations to amend the meat, poultry, and egg products import regulations to provide for the Agency's Public Health Information System (PHIS) Import Component. The PHIS Import Component, launched in May 2012, provides an electronic alternative to the paper-based import inspection application and imported product foreign inspection, and foreign establishment certificate processes. In addition, the Agency proposed to delete the discontinued "streamlined" import inspection procedures for Canadian products (9 CFR 327.5(d) and 381.198(b)) and to require Sanitation Standard Operating Procedures (SOPs) at official import establishments.

The Food Safety Inspection Service (FSIS) proposed to amend its regulations to change the fees it charges for the accreditation and the maintenance of accreditation of non-Federal laboratories for the FSIS Accredited Lab Program (ALP). Currently, the Agency charges a flat annual fee of $5,000 for each accreditation or maintenance of accreditation. Laboratories that participate in FSIS' ALP can receive accreditation in one to six analyte classes. FSIS proposed to charge laboratories $5,000 per year for the first analyte class accreditation or maintenance (as it currently does), but to reduce the charges to $2,900 per year for the second, and $2,100 per year for each additional analyte class accreditation or maintenance of accreditation.