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, and at 1862 land-grant institutions in insular areas.

The purpose of this administrative final rule is to codify sections of the 2014 Farm Bill, making it necessary to add a new section for a centers of excellence by modifying subparts A, B, C and D of the general administrative.

NIFA has proposed to add subpart Q to 7 CFR 3430 for the Veterinary Services Grant Program (VSGP) authorized by section 7104 of the Agricultural Act of 2014. In accordance with 7 U.S.C. 3151b(b)(1), NIFA is establishing a competitive grant program for the purpose of developing, implementing, and sustaining veterinary services. In accordance with the authorizing legislation, the interim final rule for VSGP will include the following key sections: program purpose, definitions, eligible applicants, project types and priorities, preference, and funding restrictions. Specific requirements associated with applying for funds to relieve veterinarian shortage situations and support veterinary services will be provided in annual Requests for Applications. 

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.

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 were due no later than August 30, 2016. FAS reviewed the comments and determined that no modification to the final rule was required.  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 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). The final rule was published on November 18, 2016, and incorporated changes based on the comments received. Most of the comments were of a technical nature intended to align the rule more closely to the statute.  The primary substantive change to the rule was to include a more detailed explanation of the administration of Refund of Duties Paid on Imports of Certain Wool Products program.

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

This rule would amend provisions to make corrections and minor clarifications to Agriculture Risk Coverage Program, Price Loss Coverage Program, and Emergency Agricultural Disaster Assistance Programs.

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 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 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 (FCIC) finalizes the Common Crop Insurance Policy Basic Provisions (Basic Provisions) to make amendments to the final rule, with request for comments, published in the Federal Register on June 22, 2016, that clarified and revised policy provisions relating to the definition of practical to replant and policy provisions regarding double cropping.  This final rule is being amended based on comments received.  The changes to be made in this rule are applicable for the 2018 and succeeding crop years for all crops with a contract change date on or after the effective date of the rule, and for the 2019 and succeeding crop years for all crops with a contract change date prior to the effective date of the rule.

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.                 

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.

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 RHS Administrator to portions of regulations that are not statutory. The granting of exceptions is allowed in other Rural Development regulations under very defined and controlled circumstances.

The Rural Housing Service (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, 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.”

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

The Rural Housing Service, 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 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.

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

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

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

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

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

This proposal would allow for the importation of fresh pummelo fruit from Thailand into the continental United States while continuing to provide protection against the introduction of quarantine pests.

The Department of Agriculture is proposing to amend its regulations to exempt certain records in the Veterinary Services-Animal Welfare, USDA/APHIS-8, renamed as Animal Welfare Act and Horse Protection Act, USDA/APHIS-8, from one or more provisions of the Privacy Act because of civil and administrative law enforcement functions and responsibilities.

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.

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

This rulemaking will amend the fruits and vegetables regulations to allow the importation of fresh pitahaya fruit into the continental 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, approved 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 of the systems approach. This action will allow for the importation of fresh pitahaya fruit from Ecuador while continuing to provide protection against the introduction of plant pests into the United States.

APHIS is proposing to revise its regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms in order to update the regulations in response to advances in genetic engineering and understanding of the plant pest and noxious weed risk posed by genetically engineered (GE) organisms, thereby reducing burden for regulated entities whose organisms pose no plant pest or noxious weed risks. This would be the first comprehensive revision of the regulations since they were established in 1987.  

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

This rulemaking will amend the regulations regarding firewood of all species imported from Canada, including treated lumber (furniture scraps) sold as kindling, and all spruce logs imported from Nova Scotia. 

In accordance with the Agricultural Bioterrorism Protection Act of 2002, we are amending and republishing 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. This action amends the regulations in several ways, including the addition of provisions to address the inactivation of select agents, provisions addressing biocontainment and biosafety, and clarification of regulatory language concerning security, training, incident response, and records. These changes  increase the usability of the select agent regulations as well as provide for enhanced program oversight. After carefully considering the technical input of subject matter experts and recommendations from Federal advisory groups, we have decided not to finalize the proposed changes to the contents of the list of select agents and toxins at this time. In a companion document published in this issue of the Federal Register, the Centers for Disease Control and Prevention has made parallel regulatory changes.

This rulemaking amends the National Poultry Improvement Plan (NPIP), its auxiliary provisions, and the indemnity regulations for the control of H5 and H7 low pathogenic avian influenza. Specifically, it clarifies who may participate in the NPIP, amends participation requirements, amends definitions for poultry and breeding stock, amends the approval process for new diagnostic tests, and amends slaughter plant inspection and laboratory inspection and testing requirements. These changes align the regulations with international standards and make them more transparent to Animal and Plant Health Inspection Service stakeholders and the general public. The changes in this final rule were voted on and approved by the voting delegates at the Plan's 2014 National Plan Conference.

This rulemaking amends the fruits and vegetables regulations to allow the importation of lemons from northwest Argentina into the continental United States. As a condition of entry, lemons from northwest Argentina would have to be produced in accordance with a systems approach that includes requirements for importation in commercial consignments; registration and monitoring of places of production and packinghouses; pest-free places of production; grove sanitation, monitoring, and pest control practices; treatment with a surface disinfectant; lot identification; and inspection for quarantine pests by the Argentine national plant protection organization. Additionally, lemons from northwest Argentina will have to be harvested green and within a certain time period, or treated for Mediterranean fruit fly in accordance with an approved treatment schedule. Lemons from northwest Argentina will also be required to be accompanied by a phytosanitary certificate with an additional declaration stating that the lemons have been inspected and found to be free of quarantine pests and were produced in accordance with the requirements. This action allows for the importation of lemons from northwest Argentina into the United States while continuing to provide protection against the introduction of quarantine pests.

The Grain Inspection, Packers and Stockyards Administration (GIPSA) is proposing to revise the fees for sampling, inspection, weighing, and certification of processed and graded commodities, other than rice, performed under the Agricultural Marketing Act of 1946 (AMA), as amended.  The AMA provides GIPSA’s Federal Grain Inspection Service with the authority to charge and collect reasonable fees to cover the cost of performing official services, and costs associated with managing the program.  Additionally, GIPSA is proposing to revise two definitions in the regulations such that private agencies providing official services under the AMA would be considered cooperators and revise inspection licenses to terminate every 5 years instead of every 3 years.

On December 20, 2016, the Grain Inspection, Packers and Stockyards Administration (GIPSA) published an interim final rule on the subject matter that was set to become effective on February 21, 2017.  Consistent with the memorandum of January 20, 2017, to the heads of executive departments and agencies from the Assistant to the President and Chief of Staff entitled "Regulatory Freeze Pending Review," GIPSA published a notice in the Federal Register that extended the comment period of the interim final rule until March 24, 2017, and delayed its effective date until April 22, 2017.  GIPSA is now seeking additional comments through a new proposed rule on possible actions the Department may take that will result in delayed full implementation of the rule.  Concurrent with publication of this proposed rule, GIPSA published a notice delaying the effective date of the interim final rule for an additional 180 days, until October 19, 2017.   

This action would describe and solicit public comments on options for the disposition of the final rule, Organic Livestock and Poultry Practices. The final rule, published on January 19, 2017, adds provisions to the USDA organic regulations to address and clarify livestock and poultry living conditions, health care practices, and animal handling and transport, and during slaughter. The final rule was originally scheduled to become effective on March 20, 2017; the effective date was subsequently delayed to May 19, 2017.  AMS published a notice further delaying the effective date to November 14, 2017.

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 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 action invites comments on a proposed national research and promotion (R&P) program that would cover the range of organic products that are certified and sold per the Organic Foods Production Act and its implementing regulations as well as organic products imported into the U.S. under an organic equivalency arrangement. The proposed program would be financed by an assessment on domestic producers and handlers, as well as importers of organic products.

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

The final rule expands the scope and applicability of the U.S. Department of Agriculture’s (USDA) uniform rules of practice governing adjudicatory proceedings (7 CFR part 1) to include actions initiating adjudicatory hearings under subtitles B, Livestock Mandatory Reporting (LMR), and D, Country of Origin Labeling (COOL), of the Agricultural Marketing Act of 1946, as amended (1946 Act). The addition of LMR and COOL to USDA’s rules of practice enables USDA to assess civil penalties for violations to the 1946 Act as authorized under 7 USC 1636(b) for LMR and 7 USC 1638(b) for COOL.

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 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 inspection regulations to establish a new inspection system for swine slaughter establishments demonstrated to provide greater public health protection than the existing inspection system. The Agency is also proposing several changes to the regulations that would affect all establishments that slaughter swine, regardless of the inspection system under which they operate.

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

This interim final rule provides flexibilities consistent with those currently available to Program operators participating in the Child Nutrition Programs beginning in School Year 2018-2019. These flexibilities include: (1) providing operators the option to offer flavored, low-fat (1 percent fat) milk in the Child Nutrition Programs; (2) extending the State agencies’ option to allow individual school food authorities to include grains that are not whole grain-rich in the weekly menu offered under the National School Lunch Program (NSLP) and School Breakfast Program (SBP); and (3) revising the sodium reduction timeline for the NSLP and SBP.

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 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.

The final rule addressed the criteria used to authorize retail food stores for redemption of SNAP benefits.  The definition of ‘firm’ and the public disclosure of sanctioned firms provisions were implemented on the effective date of the final rule.  The co-located firms provision will be implemented for all retailers 120 days after the effective date of the final rule.  The stocking provisions will be implemented for all new applicant firms and all firms eligible for reinstatement 120 days after the effective date of the final rule and 365 days after the effective date of the final rule for all currently authorized firms. 

This regulation implemented 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 updated references to the OMB final guidance throughout the FNS rules.

This rule implements 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 affect the type of promotion expenses eligible for 50 percent Federal reimbursement conducted by State agencies and their community partners.  This regulation codifies 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.

Under section 7(h)(9) of the Food and Nutrition Act of 2008 (the Act), as amended [7 U.S.C. 2016(h)(9)], States have the option to require the SNAP Electronic Benefit Transfer (EBT) card contain a photo of one or more household members. The final rule incorporated into regulation and provided additional clarity on the Food and Nutrition Service (FNS) guidance developed for State agencies wishing to implement the photo EBT card option. 

Section 5 of the DATA Act, which amends 31 U.S.C. 3716(c)(6), requires Federal agencies to refer to the Treasury Offset Program (TOP) legally enforceable non-tax debts that are 120 days delinquent for administrative offset, instead of the previous 180 day delinquency requirement. Per the DATA Act all mention in the CFR of recipient claims that are delinquent for 180 or more days must be referred to TOP will be amended to reflect that recipient claims delinquent for 120 or more days must be referred to TOP.

This rule would update civil rights assurance language contained in the Federal-State Agreement (FSA) 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.

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

The Forest Service is proposing modifications to FSM 2670, Threatened, Endangered, and Sensitive (TES) Plants and Animals. The proposed directive would set forth direction to ensure compliance with existing laws, regulations, and agency policies; and to reflect current conservation biology, knowledge, management practices, and emerging ecosystem and TES species-related topics and issues. The changes to FSM 2670 are expected to provide more effective guidance to agency personnel regarding the Endangered Species Act and its regulations, the 2000 National Forest Management Act planning regulations, and agency strategies and policies on all aspects of conservation management for at-risk species and their habitats.

The agency is proposing to update the Wilderness Management Policy, FSM 2320, that was revised in 1990, as a result of the accumulations of cultural, technological, and demographic changes, affecting all aspects of wilderness administration. With the passage of numerous bills designating additional wilderness areas in the past 20 years, Forest Service wilderness makes up about 18 percent of the National Forest System, over 36 million acres, and encompasses a broad spectrum of ecological communities, some of which were not represented before 1990, and which bring new complexity and management challenges not currently addressed in policy.

Current directives do not take into account provisions from recent legislation and legislation that has occurred since 1990 (for example, Americans with Disabilities Act). Significant court rulings have prompted the Agency to update and refine its policy. Inconsistent interpretations also have resulted from lack of clarity in policy

The Forest Service proposes to update existing wilderness policy. Wilderness is an integrated resource that contains multiple resource areas requiring specific management to adhere to the legal framework of the Wilderness Act. Proposed directives would refine current policy direction in a number of program areas including wildlife, fish and rare plants, planning, heritage resources, recreation, and fire. Revised policy will provide both our internal organization and our external audiences a clear understanding of Forest Service wilderness management direction.

Close to 11,000,000 acres (approximately 6 percent) of National Forest System (NFS) lands overlie severed (split) mineral estates owned by a party other than the Federal Government. More than 75 percent of these lands are in the Eastern Region (Forest Service Regions 8 and 9). There are two kinds of severed mineral estates, generally known as "private rights": reserved and outstanding. Reserved mineral rights are those retained by a grantor in a deed conveying land to the United States. Outstanding mineral rights are those owned by a party other than the surface owner at the time the surface was conveyed to the United States. Because these are non-Federal mineral interests, the U.S. Department of the Interior's Bureau of Land Management has no authority for or role in managing development activities associated with such interests. States have the authority and responsibility for regulating development of the private mineral estate.

Various Secretary's Rules and Regulations (years of 1911, 1937, 1938, 1939, 1947, 1950, and 1963) and Forest Service regulations at 36 CFR 251.15 provide direction for the use of NFS lands for mineral development activities associated with the exercise of reserved mineral rights. These existing rules for reserved minerals development activities also include requirements for protection of NFS resources.

Currently, there are no formal regulations governing the use of NFS lands for activities associated with the exercise of outstanding mineral rights underlying those lands. The Energy Policy Act of 1992, section 2508, directed the Secretary of Agriculture to apply specified terms and conditions to surface-disturbing activities related to development of oil and gas on certain lands with outstanding mineral rights on the Allegheny National Forest, and promulgate regulations implementing that section.

The Forest Service initiated rulemaking for the use of NFS lands for development activities associated with both reserved and outstanding minerals rights with an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register on December 29, 2008. Comments from the public in response to the ANPRM conveyed a high level of concern about the broad scope of the rule, along with a high level of concern about effects of a broad rule on small businesses and local economies.

Executive Order 13604, March 2012, entitled Improving Performance of Federal Permitting and Review of Infrastructure Projects, promotes development of mitigation strategies to streamline approaches to off-set the impacts of land and water-disturbing activities on federal lands. In November 2015, a Presidential Memorandum on Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment was released that called on the Forest Service and other federal agencies to adopt regulations addressing comprehensive mitigation.

The proposed regulation establishes a framework for developing and implementing a consistent approach to landscape-scale mitigation across the national forests and grasslands. The goal is to provide standardized understanding and interpretation of existing policies, regulations, and statuary authorities and promote consistency in their application. This regulation helps promote a framework that allows the Forest Service to participate in interagency efforts on landscape scale mitigation across property boundaries, including compensatory mitigation, and to accomplish these goals both internally and by working with public and private partners. Examples of potential opportunities that the proposed regulation could facilitate include addressing loss of riparian habitat due to development through restoration of other damaged riparian areas or locating forest restoration activities on National Forest System (NFS) lands in response to forest loss sustained on non-NFS lands through other state or federal permitting processes.

The Rule sets forth requirements to amend, develop, and revise land management plans. This proposed rule amendment would be primarily procedural in nature. It would govern how the Forest Service employees would amend the programmatic direction for each unit of the National Forest System. In addition, the proposed rule amendment would affect how an amendment may change the plans' substantive requirements.

This proposed rule will designate, for preferred procurement under the Federal Biobased Products Preferred Procurement Program, approximately 10 intermediate ingredient or feedstock product categories. An intermediate ingredient or feedstock is defined by the BioPreferred Program as a material or compound made in whole or in significant part from biological products. Typical intermediate ingredient or feedstock product categories will include renewable chemicals; plastic resins; chemical binders; oils, fats, and waxes; and fibers and fabrics.

This proposed rule will designate, for preferred procurement under the Federal Biobased Products Preferred Procurement Program, approximately eight complex assembly product categories. A complex assembly is defined by the BioPreferred program as a system of distinct materials and components assembled to create a finished product with specific functional intent where some or all of the system inputs contain some amount of biobased material or feedstock. Typical complex assembly product categories will include products such as upholstered office chairs and other office furniture; mattresses; backpacks; boots; and other camping gear. The specific product categories to be included in this rulemaking are under investigation by the Office of Procurement and Property Management, but technical information is expected to be available to support the designation of about eight product categories.

Pursuant to the FOIA Improvement Act of 2016, all agencies were expected to revise their FOIA-implementing regulations to comport with the statute's new requirements by December 28, 2016. The Department of Commerce will promulgate changes to 15 CFR part 4 in order to comply with that requirement by May 31, 2017, and will also change one definition to align with a recent D.C. Circuit decision that struck down the same definitional language in another agency's regulations.

The Office of Security publishes this rule to announce a change in the contact and address for submitting requests for review for declassification. This action is being taken to provide the correct location where the mandatory reviews for declassification are received.

This action adjusts for inflation each civil monetary penalty (CMP) provided by law within the jurisdiction of the United States Department of Commerce (Department of Commerce). The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, requires the head of each agency to adjust for inflation its CMP levels in effect as of November 2, 2015, under a revised methodology that was effective for 2016 which provided for initial catch up adjustments for inflation in 2016, and under a revised methodology for each year thereafter. The initial catch up adjustments for inflation to CMPs were published in the Federal Register on June 7, 2016 and became effective July 7, 2016, and, as required, did not exceed 150 percent of the amount of the CMP on the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (November 2, 2015). The revised methodology for 2017 and each year thereafter provides for the improvement of the effectiveness of CMPs and to maintain their deterrent effect. Effective 2017, the annual adjustments for inflation to CMPs shall take effect not later than January 15. These 2017 adjustments for inflation to CMPs apply only to CMPs with a dollar amount, and will not apply to CMPs written as functions of violations. These 2017 adjustments for inflation to CMPs apply only to those CMPs, including those whose associated violation predated such adjustment, which are assessed by Department of Commerce after the effective date of the new CMP level.

The America COMPETES Reauthorization Act of 2010 enacted changes to section 26 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3721) (the Act), which authorizes the Economic Development Administration (EDA) to establish Loan Guarantees for Innovative Technologies in Manufacturing. This Part establishes and regulates EDA's Innovative Technologies in Manufacturing Loan Guarantee Program (ITM Program), which provides guarantees for loans to small- and medium-sized manufacturers. The ITM Program loan guarantees are to encourage innovative manufacturing in the United States by providing loans to borrowers otherwise unable to qualify for traditional loans. The loans are to be used to finance projects that re-equip, expand, or establish a manufacturing facility in the United States and that use innovative technology or processes in manufacturing. The ITM Program loan guarantees also may be used to commercialize innovative products, processes, or ideas developed by research funded in whole or in part by grants from the federal government. The program is modeled after the Small Business Administration's 7(a) loan guarantee programs. The major sections of the regulations include Definitions, Eligibility Requirements, Proceeds Uses, Credit Criteria, Loan Applications, Maturities, Participation Criteria, and EDA's Purchase of a Guaranteed Portion.