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

This rule revises references to "Departmental Management" to read "Departmental Administration" to reflect the renaming of the former Departmental Management mission area, which reports to the Assistant Secretary for Administration. In addition, the rule revises the delegations in part 2 to reflect the reorganization of the former Office of Procurement and Property Management.

The National Institute of Food and Agriculture (NIFA) issues grants and cooperative agreements to a variety of entities including, but not limited to, colleges and universities, other Federal agencies, and individuals, in support of agricultural research, education, and extension programs. The Agency's administrative provision, 7 CFR 3430--Competitive and Noncompetitive Non-formula Federal Assistance Programs, contains elements common to all competitive and noncompetitive grant programs it administers in subparts A through E. Subpart F and thereafter apply to specific grant programs.

7 CFR 3430 does not currently apply to any of the formula grant programs administered by NIFA. NIFA is proposing to expand the scope of 7 CFR 3430 to include these programs and to modify the title of the regulation to 7 CFR 3430 Competitive, Noncompetitive, and Capacity Federal Assistance Programs.

At the time 7 CFR 3430 was established, the agency planned to cancel some of the existing program-specific regulations identified in 7 CFR and incorporate those program-specific regulations as separate subparts under this part. NIFA is proposing to cancel 7 CFR parts 3402, Food and Agricultural Sciences National Needs Graduate and Postgraduate Fellowship Grants Program; 3405, Higher Education Challenge Grants Program; 3406, 1890 Institution Capacity Building Grants Program; and 3415, Biotechnology Risk Assessment Research Grants Program and incorporate them in subparts N, R, S, and T.

The National Institute of Food and Agriculture (NIFA) issues grants and cooperative agreements to a variety of entities including, but not limited to, colleges and universities, other Federal agencies, and individuals, in support of agricultural research, education, and extension programs. The Agency's administrative provision, 7 CFR 3430, contains elements common to the competitive grant programs it administers in subparts A through E. Subpart F and thereafter apply to specific grant programs.

Section 7117 of the Agriculture Act of 2018 (Pub. Law 115-334, or 2018 Farm Bill) added section 1446 to the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a new competitive grant program entitled Scholarships for Students at 1890 Institutions. Section 7117 provides mandatory funding in the enacted amount of $40 million, to remain available until expended, for a scholarship program for eligible students at 1890 Institutions. NIFA proposes to add subpart V to 7 CFR 3430 for this program.

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

The McGovern-Dole International Food for Education and Child Nutrition (McGovern-Dole) Program helps support food security, child development, and education in low-income, food-deficit 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 with comments for the McGovern-Dole Program for purposes of:

(1) allowing up to 10 percent of funding each year to be used to purchase local and regional commodities rather than U.S. commodities. 

The Agency’s changes to 7 CFR part 1599 are essential to USDA’s mandate to implement the Agriculture Improvement Act of 2018. In addition to allowing up to 10 percent of funding each year to be used to purchase local and regional commodities rather than U.S. commodities, this Act extends McGovern-Dole through 2023.   

The changes to 7 CFR part 1599 are not expected to have any significant impact on external parties. No sensitive, controversial or precedent-setting changes are being proposed.

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 with comments for the Food for Progress Program for purposes of:

(1) Adding U.S. public or non-profit colleges and universities as entities eligible for awards.

The Agency’s changes to 7 CFR part 1499 will enable it to foster greater competition in proposal submissions and provide an opportunity for more innovative projects to be considered. The changes are also essential to USDA’s mandate to implement the Agriculture Improvement Act of 2018. In addition to including U.S. public or non-profit colleges and universities as entities eligible for awards, the Act also: (1) adds a $10 million per year pilot program, (2) amends the annual food aid report to include a rate of return for each eligible organization, and (3) changes the due date for the annual report of allocations to Congress to April 1.

The changes to 7 CFR part 1499 are not expected to have any significant impact on external parties.  No sensitive, controversial or precedent-setting changes are being proposed.

The Agriculture Improvement Act of 2018 adopted the EMP program with some changes, and the EMP program regulations, found at 7 CFR part 1486, must be updated to align with the new statutory language.  In addition, the USDA Office of General Counsel (OGC) has identified certain other instances where the existing EMP regulations should be amended to more precisely reflect current statutory language. Current regulations also reference outdated Foreign Agricultural Service (FAS) organizational structures and practices. The intended effect of this rulemaking is to amend the current EMP regulations by incorporating the 2018 Farm Bill changes, updating outdated FAS organizational references, addressing inconsistencies with 2 CFR 200, and aligning the regulations more closely with statutory language, as previously identified by OGC.

FAS would like to amend the Cooperator program regulations, 7 CFR part 1484, which were last updated in 2000, to remove the requirement that FAS post the application announcements in the Federal Register.  In place of a Federal Register notice, FAS would like to follow the grant administration best practice of posting application announcements on Grants.gov.  FAS is proposing to strike the language in the Federal Register from 7 CFR 1484.20, "How can my organization apply to the Cooperator program?" and 7 CFR 1484.22, "How are Cooperator program funds allocated?"

Also, FAS would like to make conforming edits to the FMD regulation text to remedy instances where the Office of General Counsel (OGC) has identified that the regulations are out of conformance with 2 CFR 200, which was enacted subsequent to the last major revision of the FMD regulations.

The Agriculture Improvement Act of 2018 eliminated the requirement that branded participants were limited to 5 years’ eligibility for the MAP program.  With that change in the underlying statute, FAS would like to revise the program regulations to eliminate the 5-year branded graduation requirement found at 7 CFR 1485.15(d) Operational procedures for brand programs.

FAS would also like to amend the MAP regulations to remove the requirement that FAS post the application announcements in the Federal Register. In place of a Federal Register notice, FAS would like to follow the grant administration best practice of posting application announcements on Grants.gov. FAS is proposing to strike the language in the Federal Register from 7 CFR 1485.13(a) Application process and 7 CFR 1485.14(c) Application review and formation of agreements.

Finally, FAS would like to make conforming edits to the MAP regulation text to remedy instances where the Office of General Counsel (OGC) has identified that the regulations are out of conformance with 2 CFR 200, which was enacted subsequent to the last major revision of the MAP regulations.

Prior to the passage of the 2018 Farm Bill, only existing trade barriers could be addressed under the program and TASC activities were limited to five years of funding. Industry groups requested Congress amend the law to broaden the types of trade barriers eligible under TASC and lengthen the period of funding eligibility. Section 3201 of the Agriculture Improvement Act of 2018, enacted on December 20, 2018, now allows program funds to be used to address potential sanitary, phytosanitary, and technical barriers to trade. The Agriculture Improvement Act of 2018 also provided that [t]he Secretary may provide assistance under the program to a project for longer than a 5-year period if the Secretary determines that further assistance would effectively support the purpose described in paragraph (2). However, current TASC regulations provide for a 5-year limit on funding. See 7 CFR 1487.4 (b). The intended effect of this rulemaking is to amend the current regulations to align them with the statute by adding the word "potential" to the types of trade barriers the program will address and correcting 1487.4 (b) Length of activities to say that The Secretary may provide assistance under the program to a project for longer than a 5-year period if the Secretary determines that further assistance would effectively support the purposes of the program.

FAS intends to issue a final rule modifying the certifications required to qualify to participate in the Export Credit Guarantee (GSM-102) Program (subpart B) and the Facility Guarantee Program (FGP) (Subpart C) to make them consistent with Governmentwide debarment and suspension guidelines found at 2 CFR 180.335 and U.S. Department of Agriculture requirements. Specifically, FAS is eliminating the requirement for participants to make certain certifications with respect to affiliates found at 7 CFR 1493.60(a)(1) through (4) and 7 CFR 1493.250(a)(1) through (4).

FAS plans to implement this change as a final rule. Additionally, the Agency has determined that because this amendment will make the existing rules at 7 CFR part 1493 consistent with U.S. Government and Departmental certification requirements and will reduce burden on participants, notice of proposed rulemaking is unnecessary. It is in the public interest to implement these changes as soon as possible; therefore, FAS proposes this final rule be effective when published in the Federal Register.

The final rule will amend the dairy regulations to rename the Margin Protection Program for Dairy (MPP-Dairy) to be the DMC Program and to make other changes for consistency with the provisions of the Agriculture Improvement Act of 2018.  Although renamed, it retains much of the former dairy program structure, although with some changes.  There will be changes to premium rates, coverage rates and percentages, a premium discount option, and a premium repayment option for 2014-2017 MPP-Dairy premiums along with other changes. In general, the premium rates will be lower, with additional levels of coverage, and different election options.

The interim rule will make mandatory changes for consistency with the provisions in the Agriculture Improvement Act of 2018 (2018 Farm Bill).  CRP assists producers in conserving and improving soil, water, and wildlife resources by converting highly erodible and other environmentally sensitive acreage to a long-term vegetative cover. The core scope of CRP is not changing. In general, the regulatory changes are mandatory; however, there is some discretion on how some of the provisions are being implemented. The 2018 Farm Bill extends and modifies the authorization for CRP through fiscal year (FY) 2023. The CRP acreage cap is increased from 24 million acres to 27 million acres by FY 2023, and includes 8.6 million acres for continuous practices and 2 million acres for grasslands. Two new pilot programs are: the Clean Lakes, Estuaries, and Rivers initiative (CLEAR 30, which has 30-year contracts) and a Soil Health and Income Protection Program (SHIPP). The Farm Service Agency (FSA) expects to target at least 40 percent of continuous CRP acres to the practices considered as Clean Lakes, Estuaries, and Rivers (CLEAR). A proportional, historic State acreage allocation includes a portion of the acres available for enrollment. The 2018 Farm Bill authorizes up to $12 million in incentive payments for tree thinning and related activities and provides additional haying and grazing flexibilities. The rule will make required changes to the eligibility criteria for enrollment in the program, the benefits available to participants, and the compliance provisions of CRP. A couple of examples of the discretionary regulatory changes are:  how regional drought concerns are addressed on the Conservation reserve Enhance Program (CREP) agreements, and the specific length of SHIPP contracts. CRP is a Commodity Credit Corporation (CCC) program administered by FSA.

The final rule will make changes in the regulations to be consistent with provisions of the Agriculture Improvement Act of 2018 (2018 Farm Bill). Most of the changes being made by the rule were self-enacting and have already been implemented administratively. In addition, the rule will make the changes for equitable relief and the State Agricultural Mediation Program are the only changes that were not self-enacting. The changes increase statutory loan limits or improve the various loan programs (direct farm ownership loans, direct and guaranteed loans, microloans, and emergency loans) and will relieve some restrictions to participation or otherwise encourage participation.

FSA will implement a regulation for a new relending program, as authorized by the changes that the Agriculture Improvement Act of 2018 (2018 Farm Bill) made to the Consolidated Farm and Rural Development Act. The relending program will provide revolving loan funds to eligible intermediary lenders to resolve ownership and succession on farmland with multiple owners. The lenders will give loans to qualified individuals to resolve these ownership issues. The intermediary lenders will consolidate and coordinate the ownerships of the land-ownership interests.

The rule will revise the ARC and PLC regulations. Specifically, it will revise the eligibility requirements and payment formulas for the ARC and PLC Programs to be consistent with the provisions in the Agriculture Improvement Act of 2018 (2018 Farm Bill). The ARC Program is a revenue-based program that provides payments when, for the relevant crop year, a farm’s revenue is less than a specified guarantee level. The PLC Program provides payments when, for the relevant crop year, the effective price for a covered crop is below its effective reference price set in law.  The rule will make minor changes in the regulations that are consistent with the changes made by the 2018 Farm Bill for ARC and PLC. In general, the regulatory changes are mandatory; however, there is some discretion on how some of the provisions are being implemented.  The discretionary regulatory changes include the following to be consistent with the 2018 Farm Bill, changes provide a single opportunity for an owner to update a farm’s PLC payment yield on a covered-commodity-by-covered-commodity basis, and amend how the program would operate for farms with all cropland planted to grass or pasture, including cropland that was idle or fallow, from January 1, 2009, through December 31, 2017.

ECP provides emergency funding and technical assistance to farmers and ranchers to rehabilitate farmland damaged by natural disasters and to implement emergency water conservation measures in periods of severe drought. The rule incorporates the changes to 7 CFR part 701 to be consistent with the provisions of the Agriculture Improvement Act of 2018 (2018 Farm Bill), which makes a portion of the cost-share payments for the repair or replacement of fencing available to eligible producers prior to the producer carrying out the repair or replacement, increases the maximum payment amount a producer can receive under ECP, and establishes a maximum payment percentage that a producer may receive to now include a socially disadvantaged farmer or beginning farmer or rancher.

The rule will change the regulations to be consistent with provisions of the Agriculture Improvement Act of 2018 (the 2018 Farm Bill). MALs and LDPs will be available for crop years 2019 to 2023. Market loan gains from cash redemptions and LDPs will not be subject to a payment limit. The loan rates will be revised for all commodities except oilseeds, wool, mohair, honey, and peanuts. The calculation change for the upland cotton loan rate may not equal less than 98 percent of the loan rate for base quality of upland cotton from the preceding year.

The final rule will amend the NAP regulation in 7 CFR part 1437. NAP provides financial assistance to producers of noninsurable crops to protect against natural disasters that result in lower yields or crop losses, or prevented crop planting. The rule implements changes consistent with provisions in the Agriculture Improvement Act of 2018 (2018 Farm Bill). In addition to the catastrophic level NAP coverage, higher levels of coverage (buy-up coverage) is available ranging from 50 to 65 percent of production, in 5 percent increments, at 100 percent of the average market price. This rule implements the change to payment limits made by the 2018 Farm Bill, which specifies that payments for losses to crops with catastrophic coverage are subject to a payment limitation of $125,000, and payments for losses to crops with buy-up coverage are subject to a separate payment limitation of $300,000. The rule increases the NAP service fees from $250 to $350 per crop, increases the maximum per producer per county from $750 to $825 , and increases the maximum per producer for all counties from $1,875 to $1,950. It also extends the service fee waiver and 50 percent premium reduction to eligible veteran farmers and ranchers.  The rule will amend native sod provisions to make them applicable in the specified states for any crop enrolled in NAP that was tilled after December 20, 2018, for no more than 4 years during the first 10 years of cropping. The rule will specify that NAP is available when catastrophic risk protection under subsection (b) of section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) and additional coverage under subsections (c) and (h) are not available or is only available under a policy that provides coverage for specific intervals based on weather indexes or under a whole farm plan of insurance. The rule will also make several minor discretionary changes to improve program integrity and clarify existing NAP requirements.

FSA is amending the regulation in 7 CFR part 1400 on behalf of CCC to implement changes consistent with provisions of the Agriculture Improvement Act of 2018 (2018 Farm Bill). The rule will expand the definition of family member to include first cousin, niece and nephew, used for payment eligibility determinations for certain FSA and CCC programs. This rule changes the specific program payment or benefit applicability table. The change also reflects that the payment limit no longer applies to Marketing Loan Gains (MLGs), Loan Deficiency Payments (LDPs), Livestock Indemnity Program (LIP), Emergency Assistance for Livestock, Honey Bees and Farm Raised Fish (ELAP), and the Tree Assistance Program (TAP). The rule amends the definition of actively engaged in farming and changes the cash-rent tenant requirements. The rule will change the payment limitation for the Non-Insured Crop Disaster Assistance Program (NAP) to specify a separate maximum limitation of $125,000 on payments for losses to crops with catastrophic coverage and a $300,000 maximum limitation on payments for losses to crops with buy-up coverage. The rule will change the regulation to better align the actively engaged in farming requirements for legal entities, other than joint operations, all members, stockholders, or partners will not be required to collectively make a significant contribution of active personal labor or active personal management to the farming operation to qualify the legal entity as actively engaged in farming; rather, that a significant contribution of active personal labor or active personal management is made collectively by the members, stockholders, or partners. The rule will require that members, stockholders, or partners of the legal entity, holding at least 50 percent beneficial ownership interest of the legal entity, collectively make a significant contribution, whether compensated or not compensated, of active personal labor or active personal management (or a combination of active personal labor and active personal management) to the farming operation.

The rule will make some changes to the Livestock Indemnity Program (LIP), the Livestock Forage Disaster Program (LFP), the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP), and the Tree Assistance Program (TAP), which are referred to as the Supplemental Agricultural Disaster Assistance Programs. The rule includes changes that are consistent with provisions of the Agriculture Improvement Act of 2018 (the 2018 Farm Bill). The programs are CCC programs administered by FSA.  In general, the regulatory changes are mandatory; however, there is some discretion on how some of the provisions are being implemented.  The 2018 Farm Bill amends the definition of eligible producer on a farm to include an Indian Tribe or Tribal organization.  In addition to the mandatory changes, some discretionary changes will be made to improve program integrity. For ELAP, the changes will provide that a veteran farmer or rancher’s ELAP payment will be calculated based on a national payment rate of 90 percent; add assistance for costs related to inspection for cattle tick fever, regardless of the finding; and provide that ELAP payments will not be subject to payment limitation. For LIP, the changes will include coverage for: 1) death or sale loss resulting from diseases caused by, or transmitted by, a vector that cannot be controlled by vaccination or acceptable management practices; and 2) death of unweaned livestock due to adverse weather. For TAP, the changes will increase the reimbursement amount for beginning farmers and veterans (as those terms are defined at 7 U.S.C. 2279) from 65 percent to 75 percent for the cost of replanting trees, bushes, or vines lost due to a natural disaster, in excess of 15 percent mortality (adjusted for normal mortality) or, at the option of the Secretary, sufficient seedlings to reestablish a stand; increase the reimbursement amount for beginning farmers and ranchers and veteran farmers and ranchers from 50 percent to 75 percent of the cost of pruning, removal, and other costs incurred for salvaging the existing plants, or in the case of plant mortality, to prepare land for replanting, subject to the maximum allowable FSA rate.

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

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

In January 2016, FSA implemented a Direct Farm Ownership Microloan that provides Farm Ownership loans of up to $50,000, expected to most benefit beginning farmers, farmers with small farms that have less traditional farm operations, and specialty crop producers seeking to purchase or enlarge relatively smaller plots of land and are not typically FSA customers. A new rulemaking (RIN 0560-AI43) is implementing various changes mandated by the 2018 Farm Bill, including clarifications for Microloans.  The new RIN supersedes this RIN.

The purpose of the rule is to amend the Catastrophic Risk Protection Endorsement, the Area Risk Protection Insurance (ARPI) Basic Provisions, and the Common Crop Insurance Policy (CCIP) Basic Provisions to implement the changes contained in the Agriculture Improvement Act of 2018 (commonly referred to as the 2018 Farm Bill).  Additionally, FCIC needs to amend the Area Risk Protection Insurance Regulations and the Common Crop Insurance Regulations, Basic Provisions to address concerns about offset procedures and change the default to electronic means for all required communications from insurance providers to producers.

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.

FCIC withdrew the Forage Seeding final rule due to the need to address outstanding issues, conduct additional research, and obtain data for program expansion to ensure continuous coverage between the year of planting and after the crop has been established. Changes will be made in a subsequent rulemaking after the additional research has been completed and coordinated with other required changes. The final rule, published December 10, 2018, had solicited public comments on FCIC’s action to amend the Forage Seeding Crop Insurance Provisions to provide policy changes to better meet the needs of policyholders by updating existing policy provisions and definitions to better reflect current agricultural practices and allowing for variations in insurance offers based on regionally-specific agronomic conditions and potential future expansions. (The changes made by the December 10 final rule would have otherwise gone into effect on April 30, 2019.)

The Bioenergy Program for Advanced Biofuels (sec. 9005) directs the Secretary of Agriculture to make payments to eligible producers to support and ensure an expanding production of advanced biofuels. The Agency enters into contracts with advanced biofuel producers to pay such producers for the production of eligible advanced biofuels. To be eligible for payments, advanced biofuels must be produced from renewable biomass, excluding corn kernel starch, in a biorefinery located in the United States. The program will increase energy independence, promote resource conservation, diversity markets for agricultural and forestry products, create jobs, and enhance economic development in rural economies. To receive a payment, an eligible producer shall enter into a contract with the Secretary of Agriculture for production of advanced biofuels. The basis for payments under this program are the quantity and quality of production of biofuel produced by an eligible producer, the net renewable energy content of the advanced biofuel, and other appropriate factors as determined by the Secretary of Agriculture.

The Agency seeks to move from an interim rule to final rule with the Advanced Biofuel Payment Program and will incorporate changes required by the Agriculture Act of 2018 (Farm Bill) and make several clarifications in regard to eligible feedstocks, eligible final products, eligibility requirements for producers, and the sale of advanced biofuels. Other changes include the revisions of discount rates applied to various biofuels.

The Rural Business-Cooperative Service will update the regulations for the Rural Energy for America Program to update section references for Combined Grant and Guaranteed Loan funding requirements and Energy Audit and Renewable Energy Development Assistance grants due to the guarantee loan provisions that  will move to the OneRD Guaranteed Loan Rule (0572-AC43).

Program modifications that have been previously published via Federal Register Notice of Solicitation of Application (NOSA) will be incorporated into 7 CFR 4280 subpart B to eliminate the need for annual notification/renewal and to enhance program delivery and customer service.

Program enhancements that support a greater distribution of funds as well as processing and servicing clarifications are also being incorporated into this regulation.

The purpose of the Rural Business Re-Powering Assistance Program is to encourage biorefineries to replace fossil fuels used to produce heat or power in their operations with renewable biomass by making payments for the installation of new systems to allow the use of renewable biomass to generate power or heat for use in their operations. Payments are being made to eligible biorefineries until the funds authorized for this program have been expended. Eligible biorefineries are those that were in existence on or before June 18, 2008. The Agency determines the amount of payments to be made to a biorefinery taking into consideration the percentage reduction in fossil fuel used by the biorefinery (including the quantity of fossil fuels a renewable biomass systems is replacing) and the cost and cost effectiveness of the renewable biomass system. The Rural Business-Cooperative Service (RBS) published a proposed rule in the Federal Register on April 16, 2010, with the comment period ending June 15, 2010. RBS published the Interim Rule on February 11, 2011 with a 60-day comment period. RBS intends to publish a final rule, addressing comments received on the Interim Rule.

This action was issued under an interim final.  The Agency has decided to let that interim final stand, and there will be no further action taken.

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

This action was issued under an interim final. The Agency has decided to let that interim final stand and there will be no further action taken.

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

The intent of RUS is to streamline and make more efficient the requirements for applying for Electric Program loans and to streamline its pre- and post-loan procedures. The goal is to (1) reduce the regulatory burden on Electric Program borrowers, (2) ensure that loan funds will be repaid in the time agreed upon, and (3) that the RUS loans remain adequately secured during such time. The proposed actions will also reduce the burden on RUS Electric Program staff by reducing the time and resources required to review routine or unnecessary documents. RUS expects that these actions will enhance RUS and customer efficiency, thereby increasing customer satisfaction and service.

These changes will positively affect the RUS Electric borrower experience and enhance RUS customer service. It will remove unnecessary and burdensome requirements imposed on the electric borrowers and applicants. It should minimize the burden of applying for loans made or guaranteed by RUS. The change should facilitate the lending for construction of rural electric infrastructure

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

Rural Development proposes to combine into a single regulation its four guaranteed loan programs: 1) Water and Waste Disposal, 2) Community Facilities, 3) Business and Industry, and 4) Rural Energy for America. The new regulation will encompass the policies and procedures for guaranteed loan making and servicing, lender reporting, and program monitoring. The proposed action will enable Rural Development to simplify, improve, and enhance the delivery of these four guaranteed loan programs, and better manage the risks inherent with making and servicing guaranteed loans and will result in an improved customer experience for lenders trying to access these programs. This new structure will also make it more efficient and faster to promulgate regulations associated with amending existing programs or incorporating newly authorized programs in the future.

Through this regulation, Rural Development will include statutory changes to implement sections 6103, 6402 and 6418 of the Agriculture Improvement Act of 2018 (2018 Farm Bill).

• Section 6101 provides for refinancing of a debt obligation of a rural hospital as an eligible loan purpose for guarantees.

• Section 6402 expands the population cap for guaranteed lending for the Water and Waste program and the Community Facilities program to 50,000.

• Section 6418 provides that Rural Development may charge and collect fees in such amounts as to bring down the costs of subsidies of a guaranteed loan.

• Section 9001 amends the definition of "renewable energy system" to include other components and ancillary infrastructure of a system, such as a storage system.

• Section 9007 allows loan guarantees for the purchase and installation of energy efficient equipment or systems for agricultural production or processing for agricultural producers only.

The Rural Utilities Service (RUS) is proposing a new regulation that will implement the Rural Energy Savings Program (RESP) authorized under section 6407 of the 2002 Farm Bill, as amended. RESP helps rural families and small businesses achieve cost savings by providing loans to qualified consumers to implement durable cost-effective energy efficiency measures. 

The USDA, through the Rural Utilities Service (RUS), provides RESP loans to eligible entities that agree to, in turn, make loans to qualified consumers for the purpose of implementing energy efficiency measures. These loans are made available under the authority of section 6407. Eligible energy efficiency measures must be for, or at, a property or properties served by a RESP borrower, using commercially available technologies that would allow qualified consumers to decrease their energy use or costs through cost-effective measures. Loans made by RESP borrowers under this program may be repaid through charges added to the qualified consumer’s bill for the property or properties for, or at which, energy efficiency measures are or will be implemented. The purpose of the program is to help rural families and small businesses achieve cost savings by providing loans to qualified consumers to implement durable cost-effective energy efficiency measures.

RUS will amend existing regulation 7 CFR 1738 to implement the statutory changes to title VI as required by the 2018 Farm Bill. The statutory changes affecting 7 CFR 1738 are found in various sections of title VI of the 2018 Farm Bill, including sections 6201, 6205, 6207, 6208, 6209 and 6212. The changes to title VI include but are not limited to amendments to the program’s current grant funding; priority consideration; project eligibility; broadband service requirements; broadband build out requirements; program funding instruments; technical assistance and training; treatment of outdated broadband systems; public notice, assessment and reporting requirements; environmental reviews; use of loan proceeds for refinancing; and Federal broadband program coordination.

This action would allow the Agency Administrators for RD infrastructure programs the authority to exercise some flexibility on when funds can be obligated for rural infrastructure projects. 

The modification of the existing regulation will allow the Rural Development Administrators to move forward with obligations conditioned upon the completion of environmental review for infrastructure projects . The change will also give applicants, and the communities they represent, especially those loan and grant awardees facing economic challenges or extremely short construction seasons, some comfort to proceed with an economic development strategy including the planning process associated with NEPA, without fear that funds will be unavailable after the NEPA process is completed. With the change in place, RD can more fully execute the government's goals to speed the initiation of infrastructure projects and encourage planned community economic development without additional cost to taxpayers or change to their environmental review requirement. The regulation will now clearly provide that funds may be obligated with the release of funds contingent upon the completion of the environmental review process.”

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The Rural Utilities Service (RUS) will codify its existing Buy American policy and rescind Bulletin 43-9:344-3. RUS’ Buy American requirement was inserted into the note at 7 U.S.C. 903 by the USTR in conformance to U.S. trade agreements, and states: "In making loans pursuant to this title . . . and pursuant to the Rural Electrification Act of 1936 . . .  the Secretary of Agriculture shall require that, to the extent practicable and the cost of which is not unreasonable, the borrower agree to use in connection with the expenditure of such funds only such unmanufactured articles, materials, and supplies, as have been mined or produced in the United States or in any eligible country, and only such manufactured articles, materials, and supplies as have been manufactured in the United States or in any eligible country, substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States or in any eligible country.  For purposes of this section, an 'eligible country' is any country that applies with respect to the United States an agreement ensuring reciprocal access for United States products and services and United States suppliers to the markets of that country, as determined by the United States Trade Representative.” Notwithstanding the statutory language, this requirement has been in effect on our Borrowers since the issuance of the Bulletin in 1955 and has been included in RUS’ standard loan contracts since then.

The expected result is that RUS program recipients will have a codified regulation to follow.

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

7 CFR 3550 sets the requirements of the direct Single Family Housing (SFH) programs. Since the reengineering and reinvention of the direct SFH program in 2003, revisions to make improvements have been limited. Through this action, the Rural Housing Service is proposing to reduce regulatory burdens in 7 CFR 3550, enhance program delivery, and customer service, promote consistence with the guaranteed SFH loan program where feasible, and reflect current housing market conditions and mortgage loan practices.

The expected results are increased accessibility to the programs; streamlined and clear funds and application management; improved borrower and property eligibility standards; enhanced underwriting practices and loan risk management; and more efficient and successful loan servicing and real estate-owned property management.

Section 538 of the Housing Act of 1949, as amended (42 U.S.C. section 1490p-2), authorizes the Secretary of Agriculture to charge certain fees to lenders for loan guarantees to offset costs associated with loan guarantees.

The Agency’s implementing regulation at 7 CFR part 3565 currently sets the exact amount of the initial guarantee fee and the annual guarantee fee that is being charged by the Agency. The Agency is proposing to amend the regulation by removing the language that indicates the specific amount of the initial guarantee fee and the annual guarantee fee currently being charged by the Agency. The Agency is making this change to allow for flexibility. Currently, the Agency intends to decrease the fee percentage because:

Decreasing the annual guarantee fee for affordable transactions (LIHTC, HOME, AHP, HTF, 515, or HAP Contract, etc.) would align with other federal financing products.

RD will become more competitive with market rate financing.

Reduction of the fee could allow for somewhat higher loan amounts to offset rising interest rates and rising construction costs. Standard practice is that fees are passed on to the borrower.

The ability for slightly larger 538 loan amounts could help offset the lack of other funding sources unavailable in rural areas.

The program is operating at a projected negative subsidy rate of 4.79 for FY 2019 which represents a 117 basis points difference from the negative subsidy rate of 3.62 for FY 2018.

The section 538 GRRHP has been operating on a negative subsidy since 2012 and is projected to continue to operate on a negative subsidy rate.                                                          

Due to the negative subsidy combined with the overall health of the section 538 GRRHP portfolio and the need to remain competitive with other federal financing products, the Agency would like to have the flexibility in its regulation to reduce the annual guarantee due on the outstanding principal amount of the loan that will be charged each year or portion of a year that the guarantee is in effect. For example, if a loan closes on any date between January 1 and December 31, 2018, the fee will be due effective December 31, 2018, and will be collected on February 28, 2019, and each calendar year going forward that the guarantee remains in effect.

If changes do occur in the fee amounts, the Agency will release those changes through a notice in the Federal Register.

The Rural Housing Service (RHS) published a proposed rule on June 2, 2003 [68 FR 32872], to streamline and consolidate 14 regulations into 7 CFR 3560.  Part 3560 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 1949, as amended. An interim rule was published on November 26, 2004 [69 FR 69032 - 69176] to implement those changes, with an effective date of February 24, 2005.

This proposed rule will amend the interim rule in order to 1) implement programmatic changes related to development of a sustainability plan for the Rental Assistance (RA) Program, including new Agency flexibilities in managing the RA distribution; 2) integrate new asset management policies; and 3) incorporate technical corrections to clarify reference and formatting issues in the regulation.

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

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

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

The Rural Housing Service (RHS) proposes to revise the definition of very low-, low-, and moderate-income in 7 CFR 3550.10 and make a corresponding change to the definition of low-income in 7 CFR 3555.10 to allow for income banding of all income categories within the single family housing programs.

Revise 7 CFR 3550.54(d) net family assets rural area to be in accordance with section 6305 of the Agriculture Improvement Act of 2018 (Farm Bill) and revise the definition of "very low."

Revise 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 streamline this annual process and improve the reliability of the data set used to establish the area loan limits. This proposed action will also save the Agency more than $70,000 each year (which is the cost to obtain the construction cost data set from a nationally recognized residential cost provider).  The current process to annually establish the area loan limits uses a data set based on limiting nationalized parameters and requires a significant amount of staff time on all levels (field, state, and national). 

Revise 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.  

The Agency plans to consolidate and update three regulations governing Community Facilities Loans and Grants programs, 7 CFR 1942, subpart A and C, and 7 CFR 3570, subpart B, into a new regulation, 7 CFR 3570, subpart A. This new regulation will be used to administer the Community Facilities Direct Loan and Grant programs as well as incorporate the Tribal College and Economic Impact Initiative Grant programs. The existing regulations 7 CFR 1942, subparts A and C, and 7 CFR 3570, subpart B, will be obsolete upon publication of the new 7 CFR 3570, subpart A. The proposed action includes the following: remove references to the RUS water and waste disposal program, which was moved to 7 CFR 1780 in 1997, and update scoring priorities to reflect current needs in rural America. Incorporate information from staff instructions and guidance that have been renewed and republished for many years. Make pre-applications optional for small (500,000 or less) 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. We will also add language to implement the 2018 Farm Bill to include priority for projects that provide substance abuse prevention, treatment, and recovery services; to allow as an eligible loan purpose the refinancing of certain rural hospital debt; and to exclude certain prison populations and military base populations from the definition of rural area.

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

ACEP provides financial and technical assistance to help conserve agricultural lands and wetlands through easements. The ACEP regulations are being revised to be consistent with the changes the Agriculture Improvement Act of 2018 (2018 Farm Bill) makes to subtitle H of title XII of the Food Security Act of 1985.

The discretionary regulatory changes include the following to be consistent with the 2018 Farm Bill changes:  (1) Specify the criteria by which the Secretary may enter into a legal arrangement with an eligible entity that is pursuing a "Buy-Protect-Sell" transaction, (2) modify the non-Federal share contribution requirements provided by the eligible entity, remove the requirement that 50 percent of the non-Federal share be provided by cash resources of the eligible entity, and determine the extent to which the non-Federal share can be comprised by other sources, such as a qualified charitable donation by the landowner; (3) specify the existing policy of the Secretary to adjust ranking and evaluation criteria for geographic differences and to give priority to applications that maintain agricultural viability; (4) introduce additional terms and conditions that may be included in the agricultural land easement deed; (5) specify the existing policy of the Secretary to ensure that a Reserve Grazing Rights Wetland Reserve Easement complies with a grazing management plan, which must be reviewed and modified as needed every 5 years, (6) Identify the criteria under which NRCS may authorize the restoration of the easement area to hydrologically appropriate native vegetative communities or alternative naturalized vegetative communities, subject to certain requirements, and (7) Incorporate changes to NRCS’s modification, subordination, exchange, or termination of ACEP easements.

The Agriculture Improvement Act of 2018 (2018 Farm Bill) moved CSP from subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 to a new subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985, and then repealed subchapter B of chapter 2 as amended.

The discretionary regulatory changes include the following to be consistent with the 2018 Farm Bill changes:  (1) Confirms validity of CSP contracts entered into prior to 2018 Farm Bill enactment, authorizes the ability to extend contracts that are due to expire on or before December 31, 2019, and authorizes renewal of such contracts through the new CSP authority; (2) defines new terms and adjusts existing terms, such as expanding the definition of "conservation activities” and defining the term "stewardship threshold” and "advanced grazing management”; (3) simplifies CSP ranking criteria and requires that both new contracts and contract renewals be ranked based on those criteria; (4) provides opportunity for participants to renew their contracts in the first half of the fifth year of the 5-year contract.

The interim rule will make minor changes in the regulations that are consistent with the changes made by the 2018 Farm Bill for EQIP. The regulatory changes are being made in 7 CFR part 1466. The changes relate to practices eligible for increased payments, payments for water conservation and system efficiency, incentive contracts, addressing weather volatility and drought resiliency measures, advance payments, payment limitations, and Conservation Innovation Grants.

The rule will make minor changes in the regulations that are consistent with the changes made by the 2018 Farm Bill for several conservation programs. The NRCS regulations being changed are: State Technical Committees, Watershed Protection and Flood Prevention, Healthy Forests Reserve Program, Technical Service Provider, and Voluntary Public Access-Habitat Incentives Program. The rule is necessary to implement mandatory changes made by the 2018 Farm Bill to update the regulations to be consistent with the law.

NRCS is establishing RCPP through a new regulation as authorized by 2018 Farm Bill. RCPP was first authorized in the Agriculture Act of 2014 to enhance conservation and restoration on a regional or watershed scale. RCPP promotes coordination between NRCS and its partners to help producers and landowners increase the restoration and sustainable use of soil, water, and wildlife on a regional or watershed scale. The 2018 Farm Bill reauthorizes RCPP and makes significant changes to how the program is funded, introduces RCPP contracts, changes the funding pool” mechanism, streamlines the program, allows project renewals, expands activity eligibility, and makes other changes.

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

This rulemaking would amend the licensing requirements under the Animal Welfare Act regulations to promote compliance, reduce licensing fees, and strengthen existing safeguards that prevent individuals and businesses who have a history of noncompliance from obtaining a license or working with regulated animals. This action would reduce regulatory burden with respect to licensing and more efficiently ensure licensees’ sustained compliance with the Act. This rulemaking would also strengthen the veterinary care and watering standards for regulated dogs to better align the regulations with the humane care and treatment standards set by the Animal Welfare Act.

This rulemaking would amend the regulations governing the National Veterinary Accreditation Program by adding and clarifying certain definitions and terms. The changes we propose to the regulations would help to update the regulations to reflect current practices in veterinary services.

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

APHIS is proposing to consolidate the regulations governing diagnostic laboratory approval authorities into a single regulation and establish a set of standard procedures by which APHIS would conduct all future diagnostic laboratory approvals. The consolidated regulations would provide consistent inspection protocols, proficiency testing methods, quality system guidelines, and definitions. This would also facilitate the approval of additional laboratories in emergency situations. The consolidated regulations would serve to simplify regulatory oversight and compliance.

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 APHIS' understanding of the plant health risk posed by genetically engineered organisms, thereby reducing the burden for regulated entities whose organisms pose no plant health risks.

APHIS is proposing to revise the criteria for regulating and deregulating domestic quarantined areas for pale cyst nematode (PCN) and make the protocol for regulating and deregulating fields available for public review and comment. The proposed regulations would specify that fields will be designated as PCN-infested or associated with PCN-infested fields and removed from quarantine in accordance with the protocol document, indicate where on the Internet the protocol document may be found, and specify that APHIS will publish notices in the Federal Register, with an opportunity for public comment, whenever APHIS proposes to change the protocol document.

We are proposing to amend the regulations governing the National Poultry Improvement Plan (NPIP) by updating and clarifying several provisions, including those concerning NPIP participation, voting requirements, testing procedures, and standards. These proposed changes were voted on and approved by the voting delegates at the NPIP’s 2018 National Plan Conference. 

We are proposing to move the State status lists from the Swine Health Protection Act regulations to the APHIS website. This change would allow us to use a streamlined, notice-based approach for updating the lists and soliciting public comment while continuing to protect swine health in the United States.

We are revising our regulations regarding the movement of plant pests. We are also adding criteria to the regulations for the importation, interstate movement, and release of biological control organisms. This final rule also establishes regulations for the importation and interstate movement of certain plant pests and biological control organisms without restriction by establishing a petition process for granting exceptions from permit requirements for those pests and organisms. Finally, we are revising our regulations regarding the importation and interstate movement of soil. This rule clarifies the points that we will consider when assessing the risks associated with the movement and release of certain organisms and facilitates the movement of regulated organisms and articles in a manner that protects U.S. agriculture.

We are amending the regulations governing the importation of animals and animal products to revise conditions for the importation of live sheep, goats, and certain other non-bovine ruminants, and products derived from sheep and goats, with regard to transmissible spongiform encephalopathies such as bovine spongiform encephalopathy (BSE) and scrapie. We are removing BSE-related import restrictions on sheep and goats and most of their products, and adding import restrictions related to transmissible spongiform encephalopathies for certain wild, zoological, or other non-bovine ruminant species. The conditions we are adopting for the importation of specified commodities are based on internationally accepted scientific literature and will, in general, align our regulations with guidelines established in the World Organization for Animal Health's Terrestrial Animal Health Code.

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

This rulemaking would 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.

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

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

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

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

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

We are proposing to amend the fruits and vegetables regulations to allow the importation of fresh cape gooseberry fruit from Ecuador into the continental United States. As a condition of entry, fresh cape gooseberry fruit from Ecuador would be subject to a systems approach while continuing to provide protection against the introduction of plant pests.

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

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

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

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

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

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

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

We are amending the 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. We are also providing designated scrapie epidemiologists with more alternatives and flexibility when testing animals in order to determine flock designations under the regulations. We are changing 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 will amend the Phytophthora ramorum regulations to remove regulated areas for P. ramorum from the regulations, as well as all regulatory requirements specific to such areas. We are revising the inspection and sampling requirements for certain nurseries that are in areas quarantined for P. ramorum and that ship regulated nursery stock interstate to have them take into consideration additional potential sources of P. ramorum inoculum at the nurseries. Finally, we are establishing conditions under which we would regulate nurseries located outside of the quarantined areas for P. ramorum, if sources of P. ramorum inoculum are detected at those nurseries and the nurseries ship certain articles interstate. These changes will provide regulatory relief to nurseries in areas that are regulated for P. ramorum, while also ensuring that nurseries that may pose a risk of disseminating P. ramorum through the interstate movement of regulated nursery stock are subject to measures that address this risk.

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

The Strengthening Organic Enforcement (SOE) rulemaking will address 2018 Farm Bill mandates. In summary, SOE will propose the following requirements that align with the Farm Bill:

• Limiting the types of operations in the organic supply chain that are not required to obtain organic certification;
• Imported organic products must be accompanied by an electronic import certificate to validate organic status;
• Import certificates will be submitted to the U.S. Customs and Border Protection’s Automated Commercial Environment (ACE);
• Certifying agents must notify USDA within 90 days of the opening of any new office that conducts certification activities; and,  
• Entities acting on behalf of certifying agents may be suspended when there is noncompliant activity.

This action would invite comments on proposed revisions to regulations issued under the Packers and Stockyards Act (P&S Act). The revisions would specify criteria the Secretary could consider in determining whether conduct or action by packers, swine contractors, or live poultry dealers constitutes an undue or unreasonable preference or advantage and a violation of the P&S Act.

The National List is a list of substances that can be used in organic farming, handling, and processing. This action would make two changes to the National List of Allowed and Prohibited Substances (National List) based on recommendations that the National Organic Standards Board (NOSB) submitted to the Secretary.  

This action would reduce rice inspection service fees and remove specific fee tables from the Code of Federal Regulations. The fees would be reduced by 15 percent in fiscal year (FY) 2019 and an additional 20 percent fee reduction in FY 2020.

This proposed rule invites comments on a proposal to revise the Plant Variety Protection Regulations and Rules of Practice. This action is mandated by the 2018 Farm Bill amendment to the Plant Variety Protection Act and requirement that AMS complete regulation changes to implement the amendment.

This action begins the rulemaking process to establish a Milk Donation Program as mandated by the Agriculture Improvement Act of 2018 (2018 Farm Bill). The proposed program would allow milk processors who account to Federal milk marketing orders (FMMO) to claim limited reimbursements for the cost of farm milk used to make donated fluid milk products. Under the program, processors would partner with non-profit organizations to distribute the donated products to individuals in low-income groups.

This amendment will change how warehouses account for and report bales of cotton that are available for shipment but have not yet been picked up. There is a time limit of two weeks in the current regulation. A conforming change will be made to the CCC Cotton Storage Agreement that all cotton warehouses must enter into, in order to store CCC-interest cotton.

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

This action would: (1) add two substances (sulfur) and (polyoxin D zinc salt) to be allowed in organic crop production, and (2) change one substance (magnesium chloride) already on the National List by reclassifying it from a synthetic to a nonsynthetic substance.

This action will initiate a new part 990 establishing rules and regulations for the domestic production of hemp. This action is required to implement provisions of the Agriculture Improvement Act of 2018 (Farm Bill).

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

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

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

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

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

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

The Food Safety and Inspection Service (FSIS) is proposing to amend its regulations to establish a uniform time period requirement for the filing of appeals of certain Agency inspection decisions and actions. The rulemaking would also clarify and simplify appeals procedures generally. Specifically, FSIS is proposing changes to various subsections of the Federal meat, poultry, and egg regulations. These include requiring any person or establishment subject to certain inspection decisions and actions to appeal the decision or action within 30 calendar days after receiving notification of the decision or action, and simplifying the following Agency requirements and standards concerning appeals procedures.

The Food Safety and Inspection Service (FSIS) intends to propose to expand the categories of meat and poultry product labels that it will deem generically approved and thus not required to be submitted to FSIS. These reforms will reduce the regulatory burden on producers seeking to bring products to market as well as the Agency costs expended to evaluate the labels. FSIS is proposing to make these changes by revising its labeling regulations in 9 CFR part 412. FSIS is confident that there will be no food safety impacts from these proposals, based on FSIS’s experience evaluating these types of labels and the ability of inspection personnel to verify labeling requirements in the field.

FSIS is proposing to amend the Federal meat inspection regulations to remove unnecessary provisions related to oral permission requirements, consolidate provisions in the meat inspection regulations that prescribe reinspection requirements for previously inspected and passed meat and poultry products before these products may enter an official establishment, and clarify that official establishments that transport adulterated or misbranded product under establishment or FSIS controls to another official establishment for appropriate disposition are not required to notify or obtain permission from FSIS prior to transporting the product. 

The Food Safety and Inspection Service (FSIS) will 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 will require egg products plants to produce egg products using a process that will eliminate detectable pathogens from the finished product. Plants will be expected to develop HACCP systems that ensure that pathogens cannot be detected in finished egg products.

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

The Food Safety and Inspection Service (FSIS) is amending 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 making several changes to the regulations that will affect all establishments that slaughter swine, regardless of the inspection system under which they operate.

The Food Safety and Inspection Service (FSIS) is amending 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 Food Safety and Inspection Service (FSIS) is amending the Federal meat inspection regulations and poultry inspection regulations to allow establishments that prepare uninspected articles, such as pet food, in edible product areas, to conduct these operations outside the hours of inspection.

The Food Safety and Inspection Service (FSIS) is amending its regulations to add the People’s Republic of China (PRC) to the list of countries eligible to export Siluriformes fish and fish products to the United States (see   9 CFR 557.2). The PRC is not currently listed as eligible, but has expressed a desire to export raw, intact, Siluriformes fish products to the United States.  

The Food Safety and Inspection Service (FSIS) is amending its regulations to add the Socialist Republic of Vietnam (SRV) to the list of countries eligible to export Siluriformes fish and fish products to the United States (see 9 CFR 557.2). Specifically, the SRV has requested that it be designated eligible to export raw, intact, Siluriformes fish products to the United States.

The Food Safety and Inspection Service (FSIS) is amending its regulations to add Thailand to the list of countries eligible to export Siluriformes fish and fish products to the United States (see 9 CFR 557.2). Specifically, Thailand has requested that it be designated eligible to export raw non-intact, raw intact, and thermally processed/commercially sterile Siluriformes fish and fish products to the United States.

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 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.

FSIS is proposing to establish pathogen reduction performance standards for all ready-to-eat (RTE) and partially heat-treated meat and poultry products. The performance standards spell out the objective level of pathogen reduction that establishments must meet during their operations in order to produce safe products, but allow the use of customized, plant-specific processing procedures other than those prescribed in their earlier regulations. With HACCP, food safety performance standards give establishments the incentive and flexibility to adopt innovative, science-based food safety processing procedures and controls, while providing objective, measurable standards that can be verified by Agency inspectional oversight. This set of performance standards will include and be consistent with standards already in place for certain ready-to-eat meat and poultry products.

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 final rule, slaughtered poultry or parts or other products thereof processed in certified Honduran establishments will 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.

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

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

The Food Safety and Inspection Service (FSIS) is establishing January 1, 2022 as the uniform compliance date for new meat and poultry product labeling regulations that will be issued between January 1, 2019, and December 31, 2020. FSIS periodically announces uniform compliance dates for new meat and poultry product labeling regulations to minimize the economic impact of label changes.

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

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

Grain is a required component at breakfast, lunch, and supper meals and an optional component at snack in the Child and Adult Care Food Program (CACFP). The "The Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010” specified that, consistent with the 2015-2020 Dietary Guidelines for Americans , grains must be credited using ounce equivalents.” This action will extend the deadline of crediting grains by ounce equivalents to October 1, 2021, to provide additional time for training and technical assistance to meal planners nationwide.

This rule will propose to allow schools to adjust the age/grade group categories (+/- 1 grade level) and the menu, so that schools with overlapping grade combinations could offer a single menu for all students in the school. In addition, with State agency approval, this rule proposes to allow small local educational agencies (LEAs) (those with 2,499 or fewer students) to use a single meal pattern, regardless of their grade configuration. The State agency would determine which age/grade group meal pattern and dietary specifications the school would follow.

The proposed rule will move towards implementing the changes made by section 4005 of the Agriculture Improvement Act of 2018 (Pub. L. 115-334) (the Act) to the Supplemental Nutrition Assistance Program (SNAP).

The Department proposes to standardize the methodology to calculate State heating and cooling standard utility allowances (HCSUA), used in determining a SNAP applicant household’s shelter expenses as part of the certification process.