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 (E.O.) 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.

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.

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 announced the Agricultural Research Service's (ARS) increase to its Patent Culture Collection charges and revised the method of payment.

NIFA is using existing application solicitation and review processes to implement the commodity board provision of the Agricultural Act of 2014.  Codification updates are intended to provide clear, transparent, and consistent guidance to stakeholders and potential applicants and recipients.

The Food, Conservation, and Energy Act of 2008 (FCEA) established and authorized some new programs as well as expanded eligibilities and authorities for existing programs. These subparts will establish program-specific administrative provisions for the following programs impacted by FCEA: Agriculture and Food Research Initiative (AFRI); Integrated Research, Education, and Extension Competitive Grants Programs (406); and the Organic Agriculture Research and Extension Initiative (OREI).

The Facility Guarantee Loan Program (FGP) provides payment guarantees to finance commercial exports of U.S. manufactured goods and services that will be used to improve or establish agriculture-related facilities in emerging markets, with the goal of enhancing U.S. agricultural commodity sales. Under the provisions of the Food, Conservation, and Energy Act of 2008, the final rule will incorporate changes to allow for a waiver of U.S. content. The final rule will also simplify the implementation and application process of the FGP program and ensure the program's compliance with the Organization for Economic Cooperation and Developments (OECD) Arrangement on Officially Supported Export Credits.

This direct final rule will provide uniform guidelines on the use, award, and administration of Federal financial assistance joint venture agreements awarded by FAS under the authority of 7 U.S.C. 3318(b). The intended effect is to implement agency regulations to reflect current statutory authority and long-held agency business practices.

This direct final rule will provide uniform guidelines on the use, award, and administration of Federal financial assistance cost-reimbursable agreements and sub-agreements awarded by Foreign Agricultural Service (FAS) under the authority of 7 U.S.C. 3319a.  The intended effect is to implement agency regulations to reflect current statutory authority and long-held agency business practices.

FAS is issuing a final rule with comment for the USDA Local and Regional Food Aid Procurement Program (USDA LRP Program), authorized in section 3207 of the Agricultural Act of 2014 (2014 Farm Bill). The USDA LRP Program funds may be used to support development activities that strengthen the capacity of food-insecure developing countries, and build resilience and address the causes of chronic food insecurity and support USDA’s other food assistance programs, especially the McGovern Dole International Food for Education and Child Nutrition Program (McGovern-Dole).  In addition, funds may be used to fill food availability gaps generated by unexpected emergencies. USDA LRP Program funding used to complement ongoing activities under the McGovern-Dole Program will improve dietary diversity and nutrition, and support the graduation and sustainability of school-feeding programs as they transition to full host-government ownership.  USDA LRP funding will enable FAS and its partners to build the capacity of host-governments to implement their own homegrown school feeding programs.  A final rule is needed for FAS to begin implementing the program in FY 2016 and will establish awardee obligations regarding financial management and performance standards specifying applicable Departmental regulations and incorporating statutory requirements. The promulgation of a rule to administer the USDA LRP program will require the assignment of a new CFR number.

The McGovern-Dole International Food for Education and Child Nutrition Program (McGovern-Dole) helps support food security, child development, and education in low-income, food-deficient countries around the world. The program provides for the donation of U.S. agricultural commodities, as well as financial and technical assistance, to support school feeding and maternal and child health and nutrition projects.

FAS plans to publish a final rule along with soliciting public comments for the McGovern-Dole Program to clarify existing language, update requirements, and ensure alignment with other federal regulations.

The Food for Progress Program provides for the donation of U.S. agricultural commodities to developing countries committed to introducing and expanding free enterprise in the agricultural sector.  The commodities are monetized (sold on the local market), and the proceeds are used to support agricultural development activities. Food for Progress has two objectives: to improve agricultural productivity and expand trade in agricultural products.

FAS plans to publish a final rule along with soliciting public comments for the Food for Progress Program that is intended to clarify existing language, update the requirements, and ensure alignment with other federal regulations.

A final rule with request for comment was published on March 9, 2015, to implement the Pima Agriculture Cotton Trust Fund (Agriculture Pima Trust) and the Agriculture Wool Apparel Manufacturers Trust Fund (Agriculture Wool Trust) Fund established in the Agricultural Act of 2014 (Farm Bill).  This final rule will amend the rule to accommodate comments received.  Most of the comments were of a technical nature intended to align the rule more closely to the statute, which this rule will incorporate.  The primary substantive change to the rule will be to include a more detailed explanation of the administration of Refund of Duties Paid on Imports of Certain Wool Products program.

This direct final rule provides uniform guidelines on the use, award, and administration of Federal financial assistance transactions awarded by FAS under the authority of 7 U.S.C. 3291(a).

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 interim rule implemented 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 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 final rulemaking publication for this initiative will clarify certain issues in response to the public comments submitted in response to the interim rule.

The interim rule implemented changes to Conservation Reserve Program (CRP) required by the 2014 Farm Bill. CRP assists producers to conserve and improve soil, water, and wildlife resources by converting highly erodible and other environmentally sensitive acreage to a long-term vegetative cover. The 2014 Farm Bill required changes included 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 rule implemented a new Direct Farm Operating Microloan that will provide Farm Operating loans of up to $50,000 that are expected to most benefit beginning farmers and farmers with small farms that have less traditional farm operations, and specialty crop producers seeking to purchase or enlarge relatively smaller plots of land, who are not typically FSA customers.  FSA successfully implemented the Direct Microloan Program, under $50,000, for operating loans and decided to expand the ML Program to Farm Operating loans to reach more small and beginning farmers.  The Direct Farm Operating Microloan process is streamlined compared to a standard Farm Operating loan.

The Farm Service Agency (FSA) is implementing an EZ Guarantee Program to guarantee the Farm Loan Programs categories of Operating Loan (OL) and Farm Ownership Loan (FO) and implementing MLP Status.  FSA is establishing the EZ Guarantee Program to provide a guarantee for a category of smaller OLs and FOs, which are expected to be most used by beginning farmers and farmers with small farms (farms with annual gross agricultural products sales from $1,000 to $99,999) that have less traditional farm operations, and who are not typically FSA Guaranteed loan customers.  FSA is revising the existing Farm Loan Programs regulations to make those changes.

The Farm Service Agency (FSA) revised regulations on behalf of the Commodity Credit Corporation (CCC) to specify the requirements for a person to be considered actively engaged in farming for the purpose of payment eligibility for certain FSA and CCC programs.  Specifically, FSA revised and clarified the requirements for a significant contribution of active personnel management to a farming operation. The changes were required by the Agricultural Act of 2014 (the 2014 Farm Bill). The provisions of the rule will not apply to persons or entities comprised solely of family members. The rule did not change the existing regulations as they relate to contributions of land, capital, equipment, labor, or the special rules related to landowners with a risk in the crop or spouses.

The Farm Service Agency (FSA) implemented a new Highly Fractionated Indian Lands (HFIL) loan program to provide revolving loan funds to eligible intermediary lenders familiar with Indian lands, and those lenders will give loans to the qualified individuals, entities, and tribes to purchase HFIL, as specified in the section 5402 of the 2014 Farm Bill.  As ownership of Indian land descends from one generation to another, fractionation continues to be a worsening problem, and many tracts are held in undivided ownership by hundreds or thousands of people.  The ability of the owners to use land decreases as fractionation increases, sometimes to the point where it is nearly impossible to locate the owners or for the owners to coordinate. The new HFIL program is required by 2014 Farm Bill. The final rule provides a way for tribal members to be able to get loans to purchase the lands and consolidate the fractionated interests to qualified tribes, individuals and entities.

The rule will amend the regulations for the FSFL Program, a Commodity Credit Corporation (CCC) program operated by the Farm Service Agency (FSA), to add eligibility for portable equipment and offer a reduced down payment for a new microloan category of FSFLs up to $50,000.  It will also make housekeeping changes to add commodities that are already eligible for FSFLs but are not currently specified in the regulations, change the life span of the storage facility from at least 15 years to the approved FSFL term of 7, 10 or 12 years, and increase the FSFL approval expiration period from 4 months to 6 months.

The rule revises the Margin Protection Program for Dairy (MPP-Dairy). MPP-Dairy will pay dairy producers when the difference ("margin") between the price for milk and the cost for feed fall 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 payment for each level.  It also specifies when additional production history may be added for an intergenerational transfer. The program is a Commodity Credit Corporation program administered by the Farm Service Agency.

The purpose of this proposed rule is to solicit public comments on FCIC’s proposed action to amend the General Administrative Regulations, Actual Production History (APH) and Production Reporting. The intended effect of this action is to clarify, strengthen, and improve APH establishment and production reporting for the benefit of the insured and protection of program integrity.  None of the changes are anticipated to be major departures from current production reporting requirements, but rather simplifications, improvements and enhanced efficiencies to the process.

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.

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 Federal Crop Insurance Corporation replaces 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, to 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 (FCIC) will amend the Common Crop Insurance Regulations, Texas Citrus Fruit Crop Insurance Provisions to provide policy changes to better meet the needs of policyholders, to clarify existing policy provisions, and to reduce vulnerability to program fraud, waste, and abuse.  Specifically, this rule intends to modify or clarify certain definitions, clarify unit establishment, clarify substantive provisions for consistency with terminology changes, modify the insured causes of loss, clarify required timing for loss notices, modify portions of loss calculation formulas, and address potential misinterpretations or ambiguity related to these issues.

FCIC plans to publish a final rule with comments to amend the Common Crop Insurance Policy Basic Provisions to clarify and revise policy provisions.  This rule will revise the definition of "practical to replant" and revise double cropping requirements.   The changes to the policy made in this rule are planned for the 2017 and succeeding crop years for all crops with a contract change date on or after the effective date of the rule, and for the 2018 and succeeding crop years for all crops with a contract change date prior to the effective date of the rule.

The purpose of this rule is to amend the Cotton Crop Insurance Provisions and the Extra Long Staple (ELS) Cotton Crop Insurance Provisions. The intended effect of this action is to clarify and revise policy provisions for the 2017 and succeeding crop years.

The Federal Crop Insurance Corporation (FCIC) amends the Area Risk Protection Insurance (ARPI) Regulations; ARPI Basic Provisions and ARPI Forage Crop Insurance Provisions. The intended effect of this action is to meet the goals of the Acreage Crop Reporting Streamlining Initiative (ACRSI), which is a United States Department of Agriculture initiative and required by Agricultural Act of 2014 (2014 Farm Bill), by aligning ARPI Forage Production with the Actual Production History Forage Production Crop Insurance Provisions and to address language contained in section 12305(b)(1)(B) of the 2014 Farm Bill that prohibits FCIC from offering the catastrophic (CAT) level of coverage for any crops or grasses used for grazing. The changes will be effective for the 2017 and succeeding crop years.

The Agency published a proposed rule for the Business and Industry (B&I) 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 primarily implements the 2014 Farm Bill and makes needed refinements to the regulation. These changes are designed 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 use the program. The rule is intended to, increase lending activity, expand business opportunities, and create jobs in rural areas, particularly in areas that have historically experienced economic distress.

The Agency is proposing to publish an Interim Rule with request for comments that will codify certain program measures and metrics for included Agency programs and establish the process by which the Agency will collect the data. Section 6209 of the Agricultural Act of 2014 (2014 Farm Bill) (Pub. L. 113-79) requires the Secretary of Agriculture to collect data regarding economic activities created through grants and loans, including any technical assistance provided as a component of the grant or loan program, and measure the short- and long-term viability of award recipients and any entities to whom those recipients provide assistance using award funds. The proposed action will not change the underlying provisions of the included programs (e.g., eligibility, applications, scoring, and servicing provisions).

The REAP rule cross references the Business & Industry (B&I) loan guarantee program for guaranteed loan making and servicing. The B&I program is revising program regulations and therefore some of the REAP rule cross references to the B&I regulations and will be obsolete when the B&I regulations become effective.                 

This rulemaking amends the underlying programs’ regulations by including a cross-reference to the section 6025 priority rule. Section 6025 of the 2014 Farm Bill authorized the Secretary to give priority to projects that support multi-jurisdictional strategic economic and development plans. The Agency published a rule (7 CFR 1980, subpart K) implementing section 6025 on May 20, 2015 (80 FR 28807). Subpart K identifies the specific programs affected (referred to as the underlying programs) and contains cross-references to the regulations of the underlying programs. However, there are no reciprocal cross-references in the underlying programs that point potential applicants to the section 6025 priority. This rulemaking adds these cross-references.

RUS proposes to revise regulations to incorporate 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart F, to incorporate 2011 revisions to the Generally Accepted Auditing Standards (GAGAS), and clarified audit standards issued by the American Institute of Certified Public Accountants. RUS also proposes to expand and clarify its regulations to include grant recipients, amend its reporting and peer review requirements, and to expand options for electronic filing of audits. Specifically, RUS will issue a proposed rule to incorporate the latest revisions to Generally Accepted Government Auditing Standards Issued by GAO. Other changes include clarifying the management letter to provide better guidance on subsidiary reporting; expanding the definition of borrower to include broadband and wireless providers; adding new definitions pertaining to the peer review program administered by the American Institute of Certified Public Accountants; increasing the threshold for expenditures under OMB Circular A-133; clarifying the peer review requirements; and clarifying procedures for requesting a change in audit date.

In order to facilitate the programmatic interest of the Rural Electrification Act that loans made or guaranteed by the Rural Utilities Service (RUS) are adequately secured, RUS 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, protects the Agency's loan security so it is not adversely affected, and ensures that the loan and loan guarantee funds are used effectively and for the intended purpose. RUS may, from time to time, promulgate new contract forms or revise or eliminate existing contract forms. In so doing, RUS is required by 7 CFR 1755.29, to publish a notice of rulemaking in the Federal Register announcing, as appropriate, a revision in, or a proposal to amend 1755.30(c) , List of telecommunications standard contract forms . The new RUS Form 395, will reflect present business and RUS practices, as well as changes in technology, services and equipment. Specifically, the purpose of this undertaking is to improve the customer service provided by RUS’s rural telecommunications and broadband borrowers. Changes in competition, legislation, technologies, and regulation have resulted in changes to business practices in the communications industry. In response to these changes RUS has undertaken a comprehensive review of its Telecommunications and Broadband Programs’ contracts and contracting procedures. The intent is to streamline the contractual process for RUS borrowers and expedite the process of approving equipment procurement during RUS funded construction projects.

The Rural Utilities Service (RUS), is amending its regulation for the Rural Broadband Access Loan and Loan Guarantee Program (Broadband Loan Program) to implement the Agricultural Act of 2014 (the 2014 Farm Bill). The enactment of the 2014 Farm Bill made changes the Agency must adopt prior to accepting applications for future loans. The Agency published this regulation as an interim rule, which took effect upon publication in the Federal Register on July 30, 2015.  The rulemaking allowed the Agency to once again accept applications. RUS received comments on the interim rule to guide its efforts in drafting a final rule for the Broadband Loan Program.

The Rural Utilities Service (RUS) is amending regulations for the Water and Waste Disposal Programs Guaranteed Loans program.  The changes would allow RUS to update the existing regulation to better reflect current commercial lending and servicing practices as well as best practices learned from other RUS guarantee loan programs.  The changes would also streamline the processing of guaranteed loan applications, reduce processing time and, in some cases, reduce the documentation required to apply for an RUS guaranteed loan while still protecting the Agency's interests.  Additional information regarding servicing activities are also proposed which would reduce the time required to service delinquencies while protecting the interests of all parties involved.

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 also will 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; and 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 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 Rural Housing Service (RHS) 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. Title V of the Housing Act of 1949 authorizes the programs covered by this part. An interim rule (69 FR 69032-69176) was published November 28, 2004, to implement those changes, with an effective date of February 24, 2005. As part of the implementation of the interim rule, civil monetary penalties (CMP) were included as an enforcement provision in section 3560.641(b). RHS proposes to amend its regulations to provide procedures for the implementation of CMP using of the Office of the Administrative Law Judges to administer the hearings.

The Rural Development Voucher Program was created as a demonstration program by Congress to offer protection to eligible multifamily housing tenants in properties financed through Rural Development's section 515 Rural Rental Housing Program who may be subject to economic hardship through prepayment or foreclosure of the Rural Development mortgage. The Housing Act of 1949, as amended by the Consolidated Appropriations Act, 2005 (Pub. L. 108-447) (the Act) states: "To such extent or in such amounts as are approved in appropriation Acts, the Secretary shall carry out a rural housing voucher program to assist very low-income families and persons to reside in rental housing in rural areas." The Rural Housing Service (RHS) published a proposed rule August 14, 2013 (78 FR 49374), that would add new permanent regulations to implement this program. This rule will provide procedural guidance for the Rural Development Voucher Program.

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 by changing financial reporting requirements. Rural Development (RD) is establishing a rule-based reporting threshold, similar to that of U.S. Department of Housing and Urban Development (HUD). RD’s Financial Reporting also aligns with HUD’s provisions by using a modified version of the "HUD IG Audit Guide.”

The rule will allow lenders to order the liquidation value appraisal instead of the Agency in order to reduce overall processing time, reduce cost, and expedite claim submission.  This amendment allows the servicing lender to order the liquidation value appraisal, thus reducing the claim process by an average of 41 days.  The amount associated with obtaining the liquidation value appraisal can then be included in the liquidation costs paid under the guarantee.

The proposed action would add an additional tool to Rural Development to make loans to certain well-qualified lenders who in turn would relend the funds to qualified Community Facility applicants and projects.  The primary benefit associated with the re-lending provisions is expected to be an increase in the number of projects that ultimately receive funds under the direct loan program, especially in high poverty areas.

The Rural Housing Service, Rural Business-Cooperative Service, and Rural Utilities Service are rewriting their regulations to conform to the requirements of the National Flood Insurance Reform Act of 1994 (NFIRA) Biggert-Waters Act, Flood Insurance Reform Act, etc.

The Rural Development program 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, as well as 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.

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 refinance provisions to include a streamlined refinance option that 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).

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 nonprofit corporations with experience providing technical assistance to eligible community facilities applicants to carry out the following eligible purposes directly associated with developing or improving essential community facilities: help identify and plan community facility needs; identify public and private resources to finance community facility needs; prepare reports and surveys necessary to request financial assistance to develop community facilities; prepare applications for financial assistance; improve management, including financial management, related to the operation of community facilities; or help with other areas of need identified by Rural Development.

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.

The Natural Resources Conservation Service (NRCS) promulgated the current Environmental Quality Incentives Program (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 one 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 six-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 two years thereafter; 4) establishes payment limitation 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 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 5 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 published 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 published an interim rule to incorporate the Agricultural Act of 2014 (the 2014 Act)  changes to Conservation Stewardship Program (CSP) program administration. This regulatory action is pursuant to section 1246 of the Food Security Act of 1985 (1985 Act), 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 1985 Act to establish CSP and authorized the program in fiscal years 2009 through 2013. The 2014 Act re-authorized and revised 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 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 amend the Animal Welfare Act regulations concerning the humane handling, care, treatment, and transportation of marine mammals in captivity. These proposed changes would affect sections in the regulations relating to variances and implementation dates, indoor facilities, outdoor facilities, space requirements, and water quality. It would also revise the regulations that relate to swim-with-the-dolphin programs. We believe these actions are necessary to ensure that the minimum standards for the humane handling, care, treatment, and transportation of marine mammals in captivity are based on current industry and scientific knowledge and experience.

We are proposing to amend the regulations that set out our National Environmental Policy Act (NEPA) implementing procedures. The amendments would clarify when we would complete an environmental impact statement or an environmental analysis for an action, provide additional categories of actions for which we would 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 proposed changes are intended to update the regulations and improve their clarity and effectiveness.

We are proposing to revise our regulations regarding the movement of plant pests. We are proposing criteria regarding the movement and environmental release of biological control organisms, and are proposing to establish 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 proposing to revise our regulations regarding the movement of soil. This proposed rule replaces a previously published proposed rule, which we are withdrawing as part of this document. This proposal would clarify the factors that would be considered when assessing the risks associated with the movement of certain organisms and facilitate the movement of regulated organisms and articles in a manner that also protects U.S. agriculture.   

This rulemaking would amend 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 proposed 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 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 also would 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.

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.

USDA uses science-based regulatory systems to allow for the safe development, use, and trade of products derived from new agricultural technologies. USDA continues to regulate the importation, interstate movement, and field-testing of newly developed genetically engineered (GE) organisms that qualify as "regulated articles” to ensure they do not pose a threat to plant health before they can be commercialized. These science-based evaluations facilitate the safe introduction of new agricultural production options and enhance public and international confidence in these products. As a part of this effort, the Animal and Plant Health Inspection Service (APHIS) will publish a proposed rule to revise its regulations regarding the regulation of GE organisms. 

This rulemaking would amend training and licensing requirements mandated by the horse protection regulations. We are also proposing several changes to the responsibilities of show management of horse shows, horse exhibitions, horse sales, and horse auctions, as well as changes to the list of devices, equipment, substances, and practices that can cause soring or are otherwise prohibited under the Horse Protection Act and regulations. Additionally, we are proposing to amend the inspection procedures. These actions are intended to strengthen existing requirements intended to eliminate soring and promote enforcement of Horse Protection Act and regulations.

This rulemaking would amend the scrapie regulations by changing the risk groups and categories established for individual animals and for flocks. It would simplify, reduce, or remove certain recordkeeping requirements. This action would provide designated scrapie epidemiologists with more alternatives and flexibility when testing animals in order to determine flock designations under the regulations. It would also make the identification and recordkeeping requirements for goat owners consistent with those for sheep owners. These changes would affect sheep and goat producers and State governments.

This rulemaking will amend the regulations for the importation of unmanufactured wood articles with regard to the exemption that allows wood packaging material from Canada to enter the United States without first meeting the treatment and marking requirements of the regulations that apply to wood packaging material from all other countries. This action is necessary in order to prevent the dissemination and spread of pests via wood packaging material from Canada.

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.

In accordance with the Agricultural Bioterrorism Protection Act of 2002, we are soliciting public comment regarding the list of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. The Act requires the biennial review and republication of the list of select agents and toxins and the revision of the list as necessary. Accordingly, we are soliciting public comment on the current list of select agents and toxins in our regulations and suggestions regarding any addition or reduction of the animal or plant pathogens currently on the list of select agents.

This rulemaking would amend the regulations pertaining to certain diseases of livestock and poultry to specify conditions for payment of indemnity claims for highly pathogenic avian influenza (HPAI). Specifically, it would provide a formula that will allow 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. This action is necessary to ensure that all contractors are compensated appropriately. It would also provide for the payment of indemnity for eggs required to be destroyed due to HPAI, thus codifying an existing policy. Finally, it would require owners and contractors, unless specifically exempted, to provide a statement 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 requirement is intended to prevent the introduction of HPAI into commercial facilities due to substandard biosecurity practices.

We are adopting as a final rule, without change, an interim final rule that established definitions for the terms common cultivar and common food crop and several related terms. The 2008 amendments to the Lacey Act expanded its protections to a broader range of plant species; extended its reach to encompass products, including timber, that derive from illegally harvested plants; and required that importers submit a declaration at the time of importation for certain plants and plant products. Common cultivars and common food crops are among the categorical exclusions to the provisions of the Act. The Act does not define the terms common cultivar and common food crop but instead gives authority to the U.S. Department of Agriculture and the U.S. Department of the Interior to define these terms by regulation. The interim final rule specifically requested comment on definitions of two related terms: commercial scale and tree. This document responds to comments we received on those definitions.

This rulemaking amends the fruits and vegetables regulations to allow the importation of fresh peppers into the continental United States and the Territories from Peru. As a condition of entry, the fruit will have to be produced in accordance with a systems approach that would include requirements for fruit fly trapping, pre-harvest inspections, production sites, and packinghouse procedures designed to exclude quarantine pests. 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 Peru with an additional declaration stating that the consignment was produced in accordance with the requirements of the systems approach. This action allows for the importation of untreated fresh peppers from Peru while continuing to provide protection against the introduction of plant pests into the continental United States and the Territories.

This rulemaking amends the fruits and vegetables regulations to list kiwi (Actinidia deliciosa and Actinidia chinensis) from Chile as eligible for importation into the United States subject to a systems approach. Under this systems approach, the fruit will have to 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 will have to undergo pre-harvest sampling at the registered production site. Following post-harvest processing, the fruit will have to be inspected in Chile at an approved inspection site. Each consignment of fruit will have to be accompanied by a phytosanitary certificate with an additional declaration stating that the fruit had been found free of Brevipalpus chilensis based on field and packinghouse inspections. This rule allows for the safe importation of kiwi from Chile using mitigation measures other than fumigation with methyl bromide.

We are revising the regulations pertaining to the exportation of livestock from the United States. Among other things, we are removing most of the requirements for export health certifications, tests, and treatments from the regulations, and instead directing exporters to follow the requirements of the importing country regarding such processes and procedures. We are retaining only those export health certification, testing, and treatment requirements that we consider necessary to have assurances regarding the health and welfare of livestock exported from the United States. We also are allowing pre-export inspection of livestock to occur at facilities other than an export inspection facility associated with the port of embarkation, under certain circumstances, and replacing specific standards for export inspection facilities and ocean vessels with performance standards. These changes will provide exporters and the Animal and Plant Health Inspection Service (APHIS) with more flexibility in arranging for the export of livestock from the United States while continuing to ensure the health and welfare of the livestock. Additionally, if APHIS knows that an importing country requires an export health certificate endorsed by the competent veterinary authority of the United States for any animal other than livestock, including pets, or for any hatching eggs or animal germplasm, we are requiring that the animal, hatching eggs, or animal germplasm have such a health certificate to be eligible for export from the United States. This change will help ensure that all animals, hatching eggs, and animal germplasm exported from the United States meet the health requirements of the countries to which they are destined. Finally, we are making editorial amendments to the regulations to make them easier to understand and comply with.

This rulemaking will amend the regulations governing the importation of plants and plant products to add orchid plants of the genus Oncidium 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.

This rulemaking amends the regulations governing the importation of plants for planting to authorize the importation of tomato plantlets from Mexico in approved growing media, subject to a systems approach. The systems approach consists of measures currently specified for tomato plants for planting not imported in growing media, as well as measures specific to all plants for planting imported into the United States in approved growing media. Additionally, the plantlets must be imported into greenhouses in the continental United States and the importers of the plantlets from Mexico or the owners of the greenhouses in the continental United States must enter into compliance agreements regarding the conditions under which the plants from Mexico must enter and be maintained within the greenhouses. This rule allows for the importation into the continental United States of tomato plantlets from Mexico in approved growing media, while providing protection against the introduction of plant pests. The rule also allows the imported greenhouse plantlets to produce tomato fruit for commercial sale within the United States.

This rulemaking amends the fruits and vegetables regulations to allow the importation of fresh peppers into the United States from Ecuador. As a condition of entry, the fruit will have to be produced in accordance with a systems approach that includes requirements for fruit fly trapping, pre-harvest inspections, production sites, and packinghouse procedures designed to exclude quarantine pests. 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 Ecuador stating that the consignment was produced and prepared for export in accordance with the requirements in the systems approach. This action allows for the importation of fresh peppers from Ecuador while continuing to provide protection against the introduction of plant pests into the United States.

This rulemaking amends the fruits and vegetable regulations to allow citrus fruit from the entire country of Peru to be imported into the continental United States.  Currently, the regulations allow the importation of citrus fruit to the United States from five approved citrus-producing zones in Peru, subject to a systems approach. However, based on the findings of a pest list and commodity import evaluation document, we have determined that this systems approach also mitigates the plant pest risk associated with citrus fruit produced in all other areas of Peru. This action allows the importation of citrus fruit from the entire country of Peru while continuing to provide protection against the introduction of plant pests into the continental United States.

This rulemaking amends the regulations governing the importation of plants for planting to authorize the importation of Phalaenopsis spp. plants for planting from China in approved growing media into the continental United States, subject to a systems approach. The systems approach consists of measures that are currently specified in the regulations as generally applicable to all plants for planting authorized for importation into the United States in approved growing media. This rule allows for the importation of Phalaenopsis spp. plants for planting from China in approved growing media, while providing protection against the introduction of quarantine plant pests.

The U.S. Department of Agriculture’s Grain Inspection, Packers and Stockyards Administration (GIPSA) plans to propose amending part 201 of the Regulations under the Packers and Stockyards Act (P&S Act) (7U.S.C.181 229c) to address the use of tournament systems as a method of payment and settlement grouping for poultry growers under contract in poultry growing arrangements with live poultry dealers. The proposed regulation would establish certain requirements to which a live poultry dealer must comply if a tournament system is going to be utilized to determine grower payment. These requirements would help to ensure fairness for poultry growers who are currently being paid according to a ranking system regardless of type and kind of poultry, age range, and target weight of birds. A live poultry dealer’s failure to comply would be deemed an unfair, unjustly discriminatory and deceptive practice according to factors outlined in the proposed rule.

Title XI of the 2008 Farm Bill required the Secretary of Agriculture to issue a number of regulations under the P&S Act. Among these instructions, the 2008 Farm Bill directed the Secretary to identify criteria to be considered in determining whether an undue or unreasonable preference or advantage has occurred in violation of the P&S Act. In June of 2010, the Grain Inspection, Packers and Stockyards Administration (GIPSA) published a proposed rule addressing this statutory requirement along with several other rules required by the 2008 Farm Bill. Proposed 201.211 to the regulations under the P&S Act would have established criteria that the Secretary may consider in determining if conduct would violate section 202(b) of the P&S Act (undue or unreasonable preference or advantage). While many commenters provided examples of similarly situated poultry growers and livestock producers receiving different treatment, other commenters were concerned about the impacts of the provision on marketing arrangements and other beneficial contractual agreements. Beginning with the FY 2012 appropriations act, USDA was precluded from working on certain proposed regulatory provisions related to the P&S Act, including criteria in this proposal regarding undue or unreasonable preferences or advantages. Consequently, GIPSA did not finalize this rule in 2011.  The prohibitions are not included in the Consolidated Appropriations Act, 2016. This rulemaking is necessary to fulfill statutory requirements.

GIPSA is proposing to revise existing regulations and add new regulations under the United States Grain Standards Act (USGSA), as amended, in order to comply with amendments to the USGSA made by the Agriculture Reauthorizations Act of 2015. Specifically, this rule proposes to eliminate mandatory barge weighing, remove the discretion for emergency waivers of inspection and weighing, revise GIPSA’s fee structure, revise exceptions to official agency geographic boundaries, extend the length of licenses and designations, and impose new requirements for delegated States.

GIPSA is proposing this rule solely because the Agricultural Reauthorization Act of 2015 amended the USGSA, which requires that the regulations be updated to reflect the changes made to the USGSA by the Reauthorization Act, which was signed into law by President Obama on September 30, 2015.

In June of 2010, GIPSA published a proposal to amend section 201.3 of the regulations issued under the Packers and Stockyards Act (P&S Act), 1921, as amended.  This proposed change responds to guidance from the courts.  The courts, in addressing litigation brought by poultry growers alleging harm, have said that GIPSA’s statements regarding the appropriate application of subsections 202(a) and 202(b) are not entitled to deference in the absence of regulation addressing whether the P&S Act prohibits all unfair practices, or only those causing harm or a likelihood of harm to competition.  The amendment to 201.3 will establish GIPSA’s interpretation of the statute which will then be entitled to judicial deference.  Section 201.210 will illustrate by way of examples types of conduct GIPSA would consider unfair, unjustly discriminatory, or deceptive.

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 (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 (or beekeeping) 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 (NOP). 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 to USDA by the National Organic Standards Board (NOSB). From 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 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.

This action proposes to 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, euthanasia), and animal handling and transport to and during slaughter.

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.

This rule would propose five non-organic, non-agricultural substances used as ingredients in or on processed products to be removed from the National List of Allowed and Prohibited Substances (National List). 

This action would reauthorize and amend the mandatory price reporting provisions under the Livestock Mandatory Reporting (LMR) program authorized by the Agricultural Marketing Act of 1946. This proposed rule action would reauthorize mandatory livestock reporting for 5 years and amend the swine and lamb reporting requirements. This action is authorized by the Agriculture Reauthorizations Act of 2015 (2015 Act) and requests from the lamb industry.

This action would amend the mandatory price reporting provisions for lamb under the Livestock Mandatory Reporting (LMR) program authorized by the Agricultural Marketing Act of 1946. This direct final rule action will amend the lamb reporting requirements. This action is authorized by the Agriculture Reauthorizations Act of 2015 (2015 Act).

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 outlines the general requirements for Agricultural Marketing Service (AMS) grants, providing an overview of common grant activities and then breaking down specific requirements for each of the eight grants covered by the rulemaking publication.  Consistent with efforts to consolidate the administration of the AMS grant programs and ensure transparency of each grant program's pre- and post- award processes, it is necessary to publish the basic procedures for administering these programs in the Federal Register.

This proposed rule would address two 2015 sunset review recommendations submitted to the Secretary by the National Organic Standards Board (NOSB) following their October 2014 meeting. The Agricultural Marketing Service (AMS) published two notices of meetings of the NOSB on March 10, 2014, and on September 8, 2014. Each of these public meetings served as the NOSB's review of National List substances that have a 2015 sunset date. There were no comments, including no comment from the original marsala petitioner, in support of renewing marsala or sherry on the National List.

This action allows for the electronic submission of import documents for shell eggs (specifically LPS-222 Import Request) via the Automated Controlled Environment (ACE) system of the Customs and Border Patrol. The action will allow for faster approval for entry and efficient tracking of imports into the United States as well as a rapid release into commerce. The amendments are minor, primarily new definitions for wording used in the regulations as well as certain name changes.

This final rule would remove beef and pork muscle cuts, ground beef, and ground pork as covered commodities, in accordance with the Omnibus Spending Act of 2016 amendment to the Agricultural Marketing Act of 1946 (Act).  This final rule amends the Country of Origin Labeling (COOL) regulations to remove beef, pork, ground beef, and ground pork from mandatory COOL requirements.

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, and requiring safe handling labels on shell eggs and egg products.

The Food Safety and Inspection Service (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 also is 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.

Consistent with the recent changes that the Food and Drug Administration (FDA) proposed, 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 Safety and Inspection Service (FSIS) is proposing 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) is proposing 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. If this supplemental proposed rule is finalized, FSIS will end its Trichinella Approved Laboratory Program (TALP program) for the evaluation and approval of non-Federal laboratories that use the pooled sample digestion technique to analyze samples for the presence of trichina. FSIS is also proposing to consolidate the regulations on thermally processed, commercially sterile meat and poultry products (i.e., canned food products containing meat or poultry).

The Food Safety and Inspection Service (FSIS) is proposing 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 proposed 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 its labeling regulations to establish criteria for when meat products derived from calves can be called "veal."  FSIS is proposing to define a calf as young bovine of either sex that has not reached puberty (generally younger than nine months) and has a maximum live weight of 750 pounds. Under the proposed rule, veal would be the codified common or usual name for products derived from calves raised primarily on a liquid diet, and red veal would be the codified common or usual name for products derived from calves raised on a diet that includes grain and forages. In addition, the proposed rule would establish codified criteria for labeling veal products as special-fed veal, formula-fed veal, or milk-fed veal and would codify criteria for labeling red veal products as pastured-raised veal. 

The Food Safety and Inspection Service (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 also is 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.

The Food Safety and Inspection Service (FSIS) proposed 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 developing final regulations 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 proposed 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 also would improve the Agency's inspection efficiency by eliminating the time that FSIS inspection program personnel (IPP) spend re-inspecting non-ambulatory disabled 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 Food Safety and Inspection Service (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.

The Food Safety and Inspection Service (FSIS) amended 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.

The Food Safety and Inspection Service (FSIS) proposed to amend the definition and standard of identity for the roaster or roasting chicken poultry class to better reflect the characteristics of roaster chickens in the market today. Roasters or roasting chickens are described in terms of the age and ready-to-cook (RTC) carcass weight of the bird. Genetic changes and management techniques have continued to reduce the grow-out period and increased the RTC weight for this poultry class. Therefore, FSIS proposed to amend the roaster definition to remove the 8-week minimum age criterion and increase the RTC carcass weight from 5 pounds to 5.5 pounds. This action is being taken in response to a petition submitted by the National Chicken Council.

The Food and Nutrition Act of 2008 (FNA) provides authority for the Secretary of Agriculture to establish temporary emergency standards of eligibility for the duration of an emergency for households who are victims of a disaster that disrupts commercial channels of food distribution. The Food and Nutrition Service (FNS) plans to publish a Proposed Rule for D-SNAP that will codify longstanding policies disseminated through previous guidance.

This rulemaking will propose to implement sections 4113 (Split Issuance), 4114 (Accrual of Benefits), and part of 4115 (Interchange Fees) of the 2008 Farm Bill, which pertain to Supplemental Nutrition Assistance Program (SNAP) benefit issuance and redemption. The provisions of section 4115 to de-obligate coupons and make Electronic Benefit Transfer cards the sole method of benefit delivery will be addressed in a separate rulemaking.

This rule proposes to codify three provisions of the Healthy, Hunger-Free Kids Act of 2010 (the Act). Section 303 of the Act requires the Secretary to establish criteria for imposing fines against schools, school food authorities, or State agencies that fail to correct severe mismanagement of the program, fail to correct repeat violations of program requirements, or disregard a program requirement of which they had been informed. Section 322 of the Act requires the Secretary to establish procedures for the termination and disqualification of organizations participating in the Summer Food Service Program (SFSP). Section 362 of the Act requires that any school, institution, service institution, facility, or individual that has been terminated from any program authorized under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966, and appears on either the SFSP or the Child and Adult Care Food Program's (CACFP's) disqualified list, may not be approved to participate in or administer any other programs authorized under those two Acts.

Pursuant to changes in the Agriculture Act of 2014, this proposed rule will amend the SNAP regulations by requiring State agencies to submit annual Restaurant Meal Program (RMP) operations plans and reports. It is a goal of the legislation and FNS that State agency operators of the RMP regularly assess programs against need; determine if it is effective at meeting the needs of the elderly, disabled, and homeless; monitor the RMP for possible fraud and abuse; and justify the continued operation of the program. Additionally, pursuant to changes in the Agricultural Act of 2014 at section 4012, SNAP benefits are now allowed to be accepted by agricultural producers who market directly to consumers in advance of food delivery. This proposed rule will codify statutory language that allows SNAP recipients to use their benefits to purchase shares of food from Community Supported Agriculture programs operated by for-profit agricultural producers, as well as nonprofit food buying cooperatives.

The Agricultural Act of 2014 (Pub. L. 113-79, the Farm Bill) amended the Food and Nutrition Act of 2008 (the FNA) to include new requirements regarding the acceptance and processing of SNAP client benefits by all non-exempt retailers participating in SNAP. Statutory changes will modernize EBT systems and ensure greater program integrity. The Food and Nutrition Service (FNS) also plans to revise certain SNAP regulations for which multiple State agencies have sought and received approval of waivers. The revisions will streamline program administration, offer greater flexibility to State agencies, and improve customer service. 

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

The proposed action 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.

This proposed regulation will implement the final guidance Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards published by the Office of Management and Budget (OMB) on December 26, 2013. This Food and Nutrition Service (FNS) rule will update references to the OMB final guidance throughout the FNS rules.

The proposed action would implement section 4006, Standard Utility Allowances Based on the Receipt of Energy Assistance Payments, of the Agricultural Act of 2014.  Under section 4006, the Department of Agriculture, Food and Nutrition Service (FNS) is instructed to promulgate regulations establishing that those States electing to use a heating or cooling standard utility allowance (HCSUA) in Supplemental Nutrition Assistance Program (SNAP) eligibility determinations must make the HCSUA available to households that receive a Low-Income Home Energy Assistance Program (LIHEAP) or other similar energy assistance program payment greater than $20 annually in the current month or in the immediately preceding 12 months.

This rule proposes to implement section 4018 of the Agricultural Act of 2014. This section created new limitations on the use of Federal funds authorized in the Food and Nutrition Act for Supplemental Nutrition Assistance Program (SNAP) promotion and outreach activities.  These changes will affect the type of promotion expenses eligible for 50 percent Federal reimbursement conducted by State agencies and their community partners.  This regulation will codify section 4018 of the Agricultural Act of 2014 which establishes new parameters regarding how funds authorized by the Food and Nutrition Act may be spent to promote SNAP. The Agricultural Act of 2014 makes these changes by amending sections 16(a)(4) and 18 of the Food and Nutrition Act.

This rule proposes to define the word benefit as it pertains to retail owners as recommended by the Office of Inspector General (OIG) under Recommendation 8 of their July 2013, FNS: Controls for Authorizing Supplemental Nutrition Assistance Program Retailers (# 27601-0001-31) audit report. The definition would put the burden of proof on the retail owners to demonstrate that they did not benefit from any trafficking that occurred, and are therefore eligible for a civil money penalty in lieu of disqualification.