This document amends the existing delegations of authority to provide for the designation of First Assistants to positions to which appointment is required to be made by the President with the advice and consent of the Senate.

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.

This final rule removes subparts A through D of part 550, adds sections 550.100 through 550.124, and adopts the Office of Management and Budget (OMB) guidance entitled, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as codified in subparts A through F of 2 CFR part 200, as supplemented by this part, as the uniform guidance within the REE mission area on the use, award, and administration of non-assistance cooperative agreements awarded pursuant to 7 U.S.C. 3318(b).  It thereby gives regulatory effect to the OMB guidance as supplemented by this part.

The National Institute of Food and Agriculture (NIFA) proposes to revise 7 CFR part 3419 for the purpose of implementing the statutory amendment applicable to the matching requirements for Federal Agricultural research and extension capacity (formula) funds for 1890 land-grant institutions, including Tuskegee University, West Virginia State College, and Central State University.

The purpose of this final rule is to implement sections of the Agriculture Act of 2014 (Pub. L.113-79 or the 2014 Farm Bill) making it necessary to a new section for a center of excellence by modifying subparts A, B, C and D of the general administrative.

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 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. 3319(a).  The intended effect is to implement agency regulations to reflect current statutory authority and long-held agency business practices.

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.

FAS issued a final rule with comment for the USDA Local and Regional Food Aid Procurement Program (USDA LRP Program), authorized in section 3207 of the Agriculture Act of 2014 (2014 Farm Bill) on July 1, 2016.  Written comments must be received by FAS or carry a postmark or equivalent no later than August 30, 2016. 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.

The Farm Service Agency (FSA) and the Commodity Credit Corporation (CCC) will revise debt collection and settlement regulations to conform with the Debt Collection Improvement Act of 1996 (DCIA), the Federal Claims Collection Standards (FCCS), to consolidate the FSA debt collection and settlement regulations, and to remove FSA from the currently shared regulations also used by Rural Development agencies.

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

In January, 2016, FSA implemented a Direct Farm Ownership Microloan that will provide Farm Ownership 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. The final rulemaking publication for this initiative will clarify the Direct Microloans, for borrowers with microloans for both operating loans and farm ownership loans.

This rule updated, improved, and clarified the Farm Service Agency (FSA) environmental compliance 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 made the regulation consistent for both FSA's Farm Loan Programs and Farm Programs. Also, it removed outdated regulations formerly used by FSA from chapter XVIII of the Code of Federal Regulations. The changes will promote predictability and reduce uncertainty for environmental compliance related to actions for FSA programs. The changes coordinated, simplified, and harmonized the environmental compliance rules.

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

The purpose of this rule is to update prevented planting coverage levels that better reflect the actual prevented planting costs incurred by policyholders, and to reduce vulnerability to program fraud, waste, and abuse. The changes to the crop provisions would be applicable 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 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 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.

The purpose of this rule is 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 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.                 

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 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 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.

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

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

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) has amended its regulations for the Rural Broadband Access Loan and Loan Guarantee program to implement section 6104 of the Agriculture Act of 2014 (2014 Farm Bill) which made changes the Agency needed to adopt prior to accepting applications for future loans. RUS 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 begin accepting applications once again. A final rule confirming the interim rule entitled "Rural Broadband Access Loans and Loan Guarantees" was published in the Federal Register on June 9, 2016 at 81 FR 37121.  The final rule amends 7 CFR part 1738 which addresses the statutory changes from the 2014 Farm Bill and facilitates greater deployment of and access to broadband services in rural communities. Specifically, section 6104, Access to Broadband Telecommunications Services in Rural Areas, of the Agriculture Act of 2014 (2014 Farm Bill), amended title VI of the Rural Electrification Act of 1936, by adjusting certain service area eligibility criteria,establishing new priority considerations, and introducing new reporting sections which will require more detailed information gathering and publishing for both the Agency and awardees. Other modifications have been made to improve and otherwise clarify certain Agency operational procedures.

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 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.

Limiting seller and other financing concessions will limit increases to the property’s sales price, which can result from sales concessions/seller contributions. This in turn will help maintain loan amounts at affordable levels. Removing additional requirements placed on applicants who are active duty military or full-time students will improve consistency with other Federal programs and remove what can be viewed as disparate treatment of those serving our country and those bettering themselves through higher learning. Revising repayment ability to publish the repayment ratios in the program handbook and to include homeowner's association dues and other recurring, housing- related assessments in the PITI (principal, interest, taxes, and insurance) ratio will help ensure a loan amount is approved at an affordable level for the borrower. There are no direct costs associated with these proposed changes, whereas the benefits are numerous (e.g. lower credit risk, improved loan affordability, equal treatment, etc.).

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

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

Revising the methodology used to determine the area loan limits in 7 CFR 3550.63 (a) to use a percentage(s) of the applicable local HUD section 203(b) limit as determined by the Administrator or designee will streamline this annual process and improve the reliability of the data set used to establish the area loan limits. This proposed action will also save the Agency more than $50,000 each year (which is the cost to obtain the construction cost data set from a nationally recognized residential cost provider). The current process to annually establish the area loan limits uses a data set based on limiting nationalized parameters and requires a significant amount of staff time on all levels (field, state, and national).

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

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 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 (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 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 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.

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.

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. 

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

This rulemaking will amend the scrapie regulations by changing the risk groups and categories established for individual animals and for flocks, increasing the use of genetic testing as a means of assigning risk levels to animals, reducing movement restrictions for animals found to be genetically less susceptible or resistant to scrapie, and simplifying, reducing, or removing certain recordkeeping requirements. It also provides designated scrapie epidemiologists with more alternatives and flexibility when testing animals in order to determine flock designations under the regulations. The rule changes the definition of high-risk animal, which will change the types of animals eligible for indemnity, and to pay higher indemnity for certain pregnant ewes and does and early maturing ewes and does. The changes will also make the identification and recordkeeping requirements for goat owners consistent with those for sheep owners. These changes affect sheep and goat producers, persons who handle sheep and goats in interstate commerce, and State governments.

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

This rulemaking will amend 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.

The Agricultural Bioterrorism Protection Act of 2002 requires the biennial review and republication of the list of select agents and toxins and the revision of the list as necessary. Accordingly, we solicited  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.  In accordance with the Act, this rulemaking will provide a revised republication of the list of select agents and toxins. 

This rulemaking will amend training and licensing requirements mandated by the horse protection regulations. We are also making 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 amending 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 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 standards and scientific knowledge and experience.

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.

This rulemaking amends 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 provides 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. This action is also providing for the payment of indemnity for eggs required to be destroyed due to HPAI, thus clarifying an existing policy. Finally, it requires 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 rulemaking will amend the Virus-Serum-Toxin Act regulations regarding the packaging and labeling of veterinary biological products to provide for the use of an abbreviated true name on small final container labeling for veterinary biologics; require labeling to bear a consumer contact telephone number; change the format used to show the establishment or permit number on labeling and require such labeling to show the product code number; change the storage temperature recommended in labeling for veterinary biologics; require vaccination and revaccination recommendations in labeling to be consistent with licensing data; require labeling information placed on carton tray covers to appear on the outside face of the tray cover; remove the restriction requiring multiple-dose final containers of veterinary biologics to be packaged in individual cartons; require labeling for bovine virus diarrhea vaccine containing modified live virus to bear a statement warning against use in pregnant animals; reduce the number of copies of each finished final container label, carton label, or enclosure required to be submitted for review and approval; require labels for autogenous biologics to specify the organism(s) and/or antigen(s) they contain; and require labeling for conditionally licensed veterinary biologics to bear a statement concerning efficacy and potency requirements. In addition, it will amend the regulations concerning the number of labels or label sketches for experimental products required to be submitted for review and approval, and the recommended storage temperature for veterinary biologics at licensed establishments. These changes are necessary in order to update and clarify labeling requirements and to ensure that information provided in labeling is accurate with regard to the expected performance of the product.

This rulemaking amends the fruits and vegetables regulations to allow the importation of fresh Andean blackberry and raspberry fruit from Ecuador into the continental United States. As a condition of entry, the fruit will have to be produced in accordance with a systems approach that includes requirements for importation in commercial consignments from a pest-free production site within a certified low pest prevalence area for fruit flies, and pest monitoring and trapping. The fruit will also have to be accompanied by a phytosanitary certificate issued by the national plant protection organization of Ecuador bearing an additional declaration stating that the consignment was produced and prepared for export in accordance with the requirements of the systems approach. This action allows for the importation of fresh Andean blackberry and raspberry fruit from Ecuador while continuing to provide protection against the introduction of quarantine pests into the continental United States.

Commercial consignments of Hass avocado fruit are currently authorized entry into the continental United States, Hawaii, and Puerto Rico from the Mexican State of Michoacán under a systems approach to mitigate against quarantine pests of concern. We are amending the regulations to allow the importation of fresh Hass avocado fruit into the continental United States, Hawaii, and Puerto Rico from all of Mexico, provided individual Mexican States meet the requirements set out in the regulations and the operational work plan. Initially, this action would only apply to the Mexican State of Jalisco. With the exception of a clarification of the language concerning when sealed, insect-proof containers would be required to be used in shipping and the removal of mandatory fruit cutting at land and maritime borders, the current systems approach will not change. The current systems approach, which includes requirements for orchard certification, traceback labeling, pre-harvest orchard surveys, orchard sanitation, post-harvest safeguards, fruit cutting and inspection at the packinghouse, port-of-arrival inspection, and clearance activities, will be required for importation of fresh Hass avocado fruit from all approved areas of Mexico. 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 Mexico with an additional declaration stating that the consignment was produced in accordance with the systems approach described in the operational work plan. This final rule will allow for the importation of fresh Hass avocado fruit from Mexico while continuing to provide protection against the introduction of plant pests into the continental United States, Hawaii, and Puerto Rico.

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. 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. Section 201.210 will illustrate by way of examples types of conduct GIPSA would consider unfair, unjustly discriminatory, or deceptive.

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.

The Department of Agriculture (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA) is revising existing regulations and adding 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 rulemaking eliminates mandatory barge weighing, removes the discretion for emergency waivers of inspection and weighing, revises GIPSA’s fee structure, revises exceptions to official agency geographic boundaries, extends the length of licenses and designations, and imposes new requirements for delegated States.

This notice solicits public comment on how AMS should implement a national bioengineered food disclosure standard and is part of an open and transparent process to encourage public participation in developing the national standard.

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 proposed rule would address 11 2017 sunset review recommendations submitted to the Secretary by the National Organic Standards Board (NOSB) following their October, 2015 meeting. This rule proposes the removal of three synthetic substances and eight non organic, agricultural substances from the National List of Allowed and Prohibited Substances (National List). These substances are currently allowed for various uses in organic crop and livestock production and organic handling. Upon removal from the National List, use of these substances in organic production or handling would be prohibited. The prohibitions would take effect on the sunset date of June 27, 2017, following publication of a final rule.

This rulemaking action provides clarification on the prohibition of certain compost products in organic production systems under the USDA organic regulations. This rule change will codify into regulations the policies outlined in NOP Guidance 5016: Allowance of Green Waste in Organic Production Systems.

The purpose of the new program would be to maintain and expand markets for organic products by funding promotion, research, and information programs to increase demand and create markets for organic products.

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

This document provides USDA’s recommended decision on the proposed Federal marketing order for pecans and gives notice to the public of their opportunity to file written exceptions or comments on it. The proposed marketing agreement and order under the Agricultural Marketing Agreement Act of 1937 (Act) would regulate the handling of pecans grown in Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas. The proposal was submitted to USDA by the American Pecan Board (Board) on behalf of the pecan industry.

This action would revise the regulations under the California desert grape marketing order (order) and the import regulations to allow grape handlers and importers to donate product that does not meet the minimum grade, size, and quality requirements to charitable organizations. To ensure that these grapes aren't diverted to commercial markets, the Agricultural Marketing Service (AMS) would also announce its intent to request a revision to the information collection requirements of the order by adding a new form to track the disposition of these grapes.

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).

This rule modifies the organic assessment exemption regulations under 23 Federal marketing orders and 22 research and promotion programs. The current regulations are being amended to allow persons that produce, handle, market, or import certified organic products to be exempt from paying assessments associated with market promotion activities, including paid advertising, conducted under a market promotion program administered by the Agricultural Marketing Service (AMS). The exemption covers all organic” and 100 percent organic” products certified under the National Organic Program, regardless of whether the person requesting the exemption also produces, handles, markets, or imports conventional or non organic products.

This direct final rule informs the public that AMS is removing 7 CFR part 37 Program to Assess Organic Certifying Agencies from the Code of Federal Regulations.

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

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

The Food Safety and Inspection Service (FSIS is proposing to amend 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 proposing to amend the poultry products inspection regulations to list the PRC as eligible to export to the United States poultry products from birds slaughtered in the PRC. The PRC is currently eligible to export processed poultry products to the United States if the products are derived from poultry slaughtered in the United States or in other countries eligible to slaughter and export poultry to the United States. FSIS has reviewed the PRC’s laws, regulations, and poultry slaughter inspection system as implemented and has determined that the PRC’s poultry slaughter inspection system is equivalent to the system that the United States has established under the Poultry Products Inspection Act (PPIA) and its implementing regulations.

Should this rule become final, slaughtered poultry, or parts or other products thereof, processed in certified PRC establishments, would be eligible for export to the United States. Although the PRC may be listed in FSIS’s regulations as eligible to export poultry products to the United States, the products must also comply with all other applicable requirements of the United States, including those of USDA’s Animal and Plant Health Inspection Service (APHIS), before any products can enter the United States. All such products would be subject to re-inspection at United States ports-of-entry by FSIS inspectors.

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

The Food Safety and Inspection Service (FSIS) proposed to amend the Federal meat inspection regulations to eliminate the requirements for both ready-to-eat (RTE) and not-ready-to-eat (NRTE) pork and pork products to be treated to destroy trichina (Trichinella spiralis) because the regulations are inconsistent with the Hazard Analysis and Critical Control Point (HACCP) regulations, and these prescriptive regulations are no longer necessary. 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 also proposed 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 developing final regulations to amend its poultry inspection regulations to add Poland to the list of countries eligible to export poultry products to the United States. Poland is currently not listed as eligible to export such products to the United States. If this final rule is adopted, any poultry and poultry products exported to the United States from Poland will be subject to re-inspection at ports-of-entry by FSIS inspectors.

The Food Safety and Inspection Service (FSIS) amended 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 will charge users for the use of the system. FSIS established 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 amended the egg product export regulations to parallel the meat and poultry export regulations.

The Food Safety and Inspection Service (FSIS) amended 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). Under this final rule, 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) amended 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 final rule requires that non-ambulatory disabled (NAD) veal calves that are offered for slaughter be condemned and promptly euthanized.  FSIS believes that prohibiting the slaughter of all NAD veal calves will improve compliance with the Humane Methods of Slaughter Act of 1978 (HMSA), and the humane slaughter implementing regulations. It also will improve the Agency's inspection efficiency by eliminating the time that FSIS inspection program personnel (IPP) spend re-inspecting non-ambulatory disabled veal calves.

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.

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) proposes to revise certain SNAP regulations for which multiple State agencies have sought and received approval of waivers. The revisions would 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.

The proposed rule would revise program regulations related to the authorization or reauthorization of retailers seeking to participate, or to continue participating in the program, in order to implement Recommendation 3 from the July 2013 Office of Inspector General (OIG) audit report titled, FNS: Controls for Authorizing Supplemental Nutrition Assistance Program Retailers (# 27601-0001-31). The Recommendation requires a self-initiated National Crime Information Center (NCIC) background check as part of the application process for new retailer applicants to the program, as well as retailers seeking reauthorization in the program who have not already completed the process, as deemed necessary by Food and Nutrition Service (FNS).

This rule would update civil rights assurance language contained in the Federal-State Agreement for the U.S. Department of Agriculture (USDA) Food and Nutrition Service’s (FNS) Supplemental Nutrition Assistance Program (SNAP). The FSA is found at 7 CFR 272.2, State Plan of Operations, under subsection (b)(1). The rule does not contain any new requirements and would codify protections already required by Federal law and existing policy.

In response to Pub. L. 108-265, which amended the Richard B. Russell National School Lunch Act, 7 CFR part 245, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, is amended to establish categorical (automatic) eligibility for free meals and free milk upon documentation that a child is (1) homeless as defined by the McKinney-Vento Homeless Assistance Act; (2) a runaway served by grant programs under the Runaway and Homeless Youth Act; or (3) migratory as defined in section 1309(2) of the Elementary and Secondary Education Act. The rule also requires phase-in of mandatory direct certification of children who are members of households receiving benefits from the Supplemental Nutrition Assistance Program and continues discretionary direct certification for other categorically eligible children.

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

This final rule amends the regulations governing the Supplemental Nutrition Assistance Program (SNAP) to codify provisions from the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246) (FCEA) concerning the eligibility and certification of SNAP applicants and participants and SNAP employment and training.

This final rule implements provisions under section 4132 of the Food, Conservation, and Energy Act of 2008, giving the Department of Agriculture's Food and Nutrition Service (FNS) the authority to assess a civil penalty and to disqualify a retail or wholesale food store authorized to participate in SNAP.

The Food, Conservation, and Energy Act of 2008 amended the National School Lunch Act (NSLA) to add section 19, the Fresh Fruit and Vegetable Program (FFVP). Section 19 establishes the FFVP as a permanent national program in a select number of schools in each State, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. Schools in all States must apply annually in order to receive FFVP funding. This rule codifies statutory requirements currently established and implemented through program policy and guidance for operators at the State and local level.

Title IV, part III: Program Operations, section 4133 (Major System Failures) provision allows USDA to prohibit State agencies from collecting claims from a household, and to assert a claim against a State in cases of major systemic error resulting in substantial overpayments of Supplemental Nutrition Assistance Program (SNAP) benefits. This rule will regulate what procedures and processes are to be followed if a State experiences such a failure. It will define what a major system failure is and explain under what circumstances a State agency will be held liable for an overpayment, rather than the client household.

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 final rule will codify the process for emergency supplemental nutrition assistance for victims of disasters.

This rule codifies 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.

This rule codifies a provision of the Healthy, Hunger-Free Kids Act (Pub. L. 111-296; the Act) under 7 CFR parts 210 and 220. Section 208 requires the Secretary to promulgate regulations to establish science-based nutrition standards for all foods sold in schools. The nutrition standards apply to all food sold outside the school meal programs, on the school campus, and at any time during the school day.

This final rule codified several provisions of the Healthy, Hunger-Free Kids Act of 2010 (Pub. L. 111-296; the Act) that affect management of the Child and Adult Care Food Program (CACFP), including: (1) developing policies under which institutions submit an initial CACFP application to the State agency; (2) allowing day care homes to assist families in transmitting program forms which contain household income information to the sponsoring organization; (3) modifying the structure and formula for determining administrative payments to sponsoring organizations of family day care homes; and (4) allowing sponsoring organizations to carry over up to 10 percent of their administrative funding from the previous fiscal year into the next fiscal year.

This rule will implement part of section 4132 of the Food, Conservation and Energy Act of 2008 (Pub. L. 110-246) by authorizing the Food and Nutrition Service (FNS) to suspend the payment of redeemed program benefits to a suspected retail food store or wholesale food concern pending administrative action to disqualify the firm.

The final rule will address the criteria used to authorize retail food stores for redemption of SNAP benefits.

Pursuant to changes in the Agricultural Act of 2014, section 4013, States are required to verify applicant wage data through the National Directory of New Hires (NDNH) for the determination of eligibility and correct amount of benefits at the time of certification.

This 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 final rule implements 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.