The final rule published on December 17, 2020, amended the U.S. Department of Agriculture (USDA) regulations and those of eight other participating Federal agencies to implement Executive Order 13831 (Establishment of a White House Faith and Opportunity Initiative). However, by Executive Order 14015, President Biden revoked Executive Order 13891, and USDA and the other participating Federal agencies are engaging in an interagency process to consider revisions.

This document revises the delegations of authority from the Secretary of Agriculture and general officers of the Department of Agriculture (USDA) to reflect changes and additions to the delegations. This rule also amends the scope and applicability of the rules of practice governing formal adjudicatory hearings to include actions initiated under the National Forest Roads and Trails Act.

The Office of the Secretary, the Farm Service Agency, and other USDA agencies, as needed, will issue new rules to implement the provisions of the Consolidated Appropriations Act, 2021, to provide assistance to agricultural producers and others impacted by the effects of the COVID-19 outbreak.  In addition, USDA will revise the Coronavirus Food Assistance Program (CFAP) regulations to provide additional assistance.

Pursuant to a longstanding commitment to robust retrospective review of federal regulations, this rule will reflect use of Artificial Intelligence (AI) and other advanced analytical tools to conduct a thorough analysis of the agency’s operative regulatory code in order to identify opportunities for administrative burden reduction. This may include reconciling conflicting, eliminating duplicative, or otherwise streamlining reporting requirements and other administrative burdens. It may also include corrections of typographical errors or broken and obsolete citations. Whereas this kind of a comprehensive code cleanup effort would previously required a costly and time-consuming manual effort, use of new technologies, such as natural language processing can support subject matter experts in an accelerated review of often thousands of pages of regulatory text.

The final rule amends the Coronavirus Food Assistance Program (CFAP) 1 provisions to provide additional assistance for swine producers who previously applied for assistance during the CFAP 1 application period. The rule also amends the CFAP 2 provisions to provide assistance for certain swine and poultry contract producers, clarify eligible sales-based commodities, add additional commodities that are eligible for payment, change the payment calculation for sales-based commodities, and change the yield used to calculate payment for price-trigger crops for certain applicants.

This final rule amends the U.S. Department of Agriculture's civil monetary penalty regulations by making inflation adjustments as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

This rule amended the U.S. Department of Agriculture (USDA) regulations to implement Executive Order 13831, Establishment of a White House Faith and Opportunity Initiative. This rule has become effective and its provisions are currently reflected in the CFR.  However, as explained in the discussion of the new RIN (would need to add USDA RIN), the Department is considering whether to make further revisions to the CFR in a new rulemaking action in light of the President’s Executive Order 14015, which revoked Executive Order 13831 and made revisions to related Executive Orders.

The 2018 Farm Bill, section 7212, authorizes the Secretary to make competitive grants to support research, education, and extension activities for the purposes of facilitating the development of urban, indoor, and other emerging agricultural production, harvesting, transportation, aggregation, packaging, distribution, and markets.

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 provisions in 7 CFR part 3430, Competitive and Noncompetitive Non-formula Federal Assistance Programs, contain 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.  These regulations do not, however, currently apply to any of the formula grant programs administered by NIFA. Therefore, NIFA will amend the regulations to expand the scope of 7 CFR part 3430 to include these programs and to rename the part Competitive, Noncompetitive, and Capacity Federal Assistance Programs.

At the time 7 CFR part 3430 was established, NIFA planned to eliminate some of its existing program-specific regulations in Title 7 and incorporate their provisions into part 3430.  Accordingly, this rule will remove 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 their provisions into part 3430 as 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 provisions in 7 CFR part 3430 contain 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 Improvement Act of 2018 (Pub. L. 115-334, or the 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. This final rule establishes a new subpart V in 7 CFR part 3430 for this program.

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

The final rule will finalize the mandatory changes for consistency with the provisions in the Agriculture Improvement Act of 2018 (2018 Farm Bill).  The Conservation Reserve Program (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 have been 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 for 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 final rule will finalize the required changes to the eligibility criteria for enrollment in CRP, 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 Enhancement Program (CREP) agreements, and the specific length of SHIPP contracts. CRP is a Commodity Credit Corporation (CCC) program administered by FSA.  There were 63 comments submitted in response to the interim rule.  The final rule will address the issues raised in the comments with a minor change.

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 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, which 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.

In addition, the final rule will change the regulations as required in response to the United Kingdom Financial Conduct Authority’s decision to discontinue the London Interbank Offered Rate (LIBOR) interest rates effective December 31, 2021.  The FSA Farm Loan Programs regulations in 7 CFR part 762 references LIBOR when limiting the maximum interest rate lenders may charge their guaranteed loan customers at closing.  FSA must update this limit before the LIBOR data is unavailable.  FSA is also simplifying the maximum interest rate rules to make them more understandable for lenders and more practical for FSA to monitor.  In addition, FSA is clarifying that guaranteed loan applicants must not be ineligible for assistance due to disqualification resulting from a Federal Crop Insurance violation according to 7 CFR part 718.  This restriction already applies to FSA guaranteed loan applicants; however, FSA is adding this to 7 CFR 762 for consistency with the limitation in 7 CFR 764.101 applying to FSA’s direct loan applicants.

The Farm Service Agency (FSA) will implement a regulation for a new relending program, authorized by 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.

In addition, the Deputy Administrator for Farm Loan Programs is modifying multiple modifications of 7 CFR 761, 762, and 764 to improve program delivery and processing timeframes. Enhancements are minor in nature with minimal impact to the public.

FSA will also be streamlining program delivery and oversight of Farm Loan Programs.  

The regulations in 7 CFR part 7 specify the election and functions of FSA county committees and the function of the FSA State committees. The regulations are being amended to add a requirement that, to be eligible to serve on an FSA county committee, a producer must not be banned or restricted from entering an FSA office.  The FSA county committee meetings are held in the FSA office.  Any producer who has been banned or restricted from an FSA county office will not be eligible to be a nominee for, or current member of, an FSA county committee.

This rule amends the regulations for Dairy Margin Coverage (DMC) to allow supplemental dairy margin coverage payments to participating eligible dairy operations as authorized in the Consolidated Appropriations Act, 2021.  DMC provides dairy producers with risk management coverage that pays producers when the difference between the price of milk and the cost of feed (the margin) falls below a certain level.  Eligible dairy operations with less than 5 million pounds of established production history may enroll supplemental pounds based upon a formula using 2019 actual milk marketing.  Supplemental DMC coverage is applicable to calendar years 2021, 2022, and 2023.  Participating dairy operations with supplemental production may receive supplemental payments in addition to payments based on their established production history.

In addition, the rule will change the Marketing Assistance Loans (MAL) and Loan Deficiency Payments (LDP) 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 rule will also implement assistance as authorized by Public Law 116-6 (The Consolidated Appropriations Act of 2019) which appropriated $9 million to the Farm Service Agency (FSA) for the purpose of making payments to producers impacted by an Oriental Fruit Fly (Bactrocera dorsalis) Quarantine as referenced in House Report 115-232.  The legislation specified funds will remain available until expended. This program will be referred to as the Oriental Fruit Fly Program (OFF).

The State of Florida and Animal and Plant Health Inspection Service (APHIS) implemented a quarantine in the Redland area of Miami-Dade County on August 28, 2015, due to oriental fruit fly detections. The quarantine covered 98.65 square miles in Miami-Dade County.  On February 13, 2016, APHIS eradicated the quarantine because three lifecycles elapsed without any new oriental fruit fly detections. Due to the timing of the APHIS implemented quarantine, it is possible that crops affected could have been intended to be harvested during the 2015 and/or 2016 crop growing seasons.

The final rule will remove regulations for farm programs that are obsolete, no longer authorized, or administered under different funding. For example, 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.

The Agriculture Improvement Act of 2018 (the 2018 Farm Bill) extends and revises the Biomass Crop Assistance Program (BCAP) and authorizes funding to be appropriated through 2023. BCAP provides financial assistance to producers who establish and harvest biomass crops. The rule makes changes consistent with the 2018 Farm Bill changes. The rule will add algae as an eligible material. Other aspects of BCAP remain essentially unchanged; all biomass must be harvested in a manner that is consistent with a conservation plan, forest stewardship plan or equivalent plan. The rule will revise the definition of biobased to add renewable chemicals and clarify that renewable chemicals are not just an intermediate ingredient, but rather a biobased product, an output that we require for qualified biomass conversion facilities to produce. Finally, the rule will provide notification about adjustments to sign up expectations in order to respond to the changes in funding.

The USDA Farm Production and Conservation Service mission area is reviewing existing environmental compliance provisions for the Farm Service Agency, Commodity Credit Corporation, and Natural Resources Conservation Service.  Changes will be proposed to revise and consolidate the environmental compliance regulations for consistency, efficiency, and compliance with the National Environmental Policy Act, and the Council on Environmental Policy’s guidance and regulations.

The changes planned for this rule are now being made in the rule to implement the Heirs' Property Relending Program.  See RIN 0560-AI44.  Additional changes to further streamline program delivery and oversight of Farm Loan Programs may be made at a later date.  

 FSA will make the necessary changes in the APAS regulations, including organizational FSA and FPAC changes and programmatic changes.  This is a Defense Production Act (DPA) regulation.

Withdrawn:  The changes planned for this rule are now being made in the rule to implement the supplemental Dairy Margin Coverage provisions of the Consolidated Appropriations Act, 2021.  See RIN 0560-AI59.  The rule will change the regulations to be consistent with provisions of the Agriculture Improvement Act of 2018 (the 2018 Farm Bill). Marketing Assistance Loans (MALs) and Loan Deficiency Payments (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 Additional Supplemental Appropriations for Disaster Relief Act of 2019 authorized the Wildfire and Hurricane Indemnity Program Plus (WHIP+) to help agricultural producers who suffered from production losses due to natural disasters in 2018 and 2019. These disasters include hurricanes, floods, snowstorms, tornadoes, typhoons, volcanic activity and wildfires, and related conditions.  The Further Consolidated Appropriations Act, 2020, added excess moisture and D3 and D4 drought to the list of qualifying natural disasters and expanded the scope of losses suffered due to these events to include quality losses.  This rule will amend the regulations to implement those legislative changes.  The rule will also correct a reference to payment factors in section 760.1511(a)(6). The Further Consolidated Appropriations Act, 2020, also provided that the Secretary will pay sugar beet losses in 2018 and 2019 through cooperative processors.  Assistance for sugar beet losses for members of cooperative processors will be provided through a separate program; therefore, the rule will specify that those sugar beet losses are ineligible for payment under WHIP+.

Withdrawn:  The changes planned for this rule are now being made in the rule to implement the State mediation and equitable relief changes.  See RIN 0560-AI43.  The final rule will change the regulations as required in response to the United Kingdom Financial Conduct Authority’s decision to discontinue the London Interbank Offered Rate (LIBOR) interest rates effective December 31, 2021.  The FSA Farm Loan Programs regulations in 7 CFR part 762 references LIBOR when limiting the maximum interest rate lenders may charge their guaranteed loan customers at closing.  FSA must update this limit before the LIBOR data is unavailable.  FSA is also simplifying the maximum interest rate rules to make them more understandable for lenders and more practical for FSA to monitor.  In addition, FSA is clarifying that guaranteed loan applicants must not be ineligible for assistance due to disqualification resulting from a Federal Crop Insurance violation according to 7 CFR part 718.  This restriction already applies to FSA guaranteed loan applicants; however, FSA is adding this to 7 CFR 762 for consistency with the limitation in 7 CFR 764.101 applying to FSA’s direct loan applicants.

Withdrawn:  The changes planned for this rule are now being made in the rule to implement the Heirs' Property Relending Program.  See RIN 0560-AI44.  The Deputy Administrator for Farm Loan Programs proposes multiple modifications of 7 CFR 761, 762 and 764 to improve program delivery and processing timeframes.  Enhancements are minor in nature with minimal impact to the public.

This rule proposes to replace the General Administrative Regulation; Submission of Policies, Provisions of Policies; Rates of Premium, and Non-Reinsured Supplemental Policies to implement the changes contained in the Agriculture Improvement Act of 2018 to clarify existing regulations, lessen the burden of submitters of crop insurance policies, provisions of policies, or rates of premium, and provide guidance on the submission and payment for concept proposals. 

This rule amend the Common Crop Insurance Regulations Forage Seeding Crop Insurance Provisions for the 2022 and succeeding crop years. These changes resulted from public comments received on the final rule with request for comment, published in the Federal Register on April 30, 2020, at 83 FR 23893-23902. The public was afforded 60 days to submit written comments and opinions. 

This rule will amend the Common Crop Insurance Regulations; Dry Pea Crop Provisions to revise each of the four potato endorsements to specify that the premium amount for the endorsement will be determined by multiplying the number of insured planted acres of potatoes (certified seed potatoes for the Certified Seed Endorsement) by the premium rate contained in the actuarial documents for that endorsement. With this change, premium will no longer be charged on acreage prevented from planting.

This rule will amend the Common Crop Insurance Regulations; Dry Pea Crop Provisions and Dry Bean Crop Provisions to allow for additional unit divisions by type.  This change allows producers to be indemnified separately by type.  The benefit for producers is that a gain on one of the types will not be offset by the loss on another type.  Additional editorial changes and clarifications will be made throughout the regulation.  

This rule will amend the Common Crop Insurance Regulations; Small Grains Crop Provisions to allow for additional unit divisions for barley and wheat and to make discretionary changes to clarify provisions for counties with spring-planted acreage, fall-planted acreage, or both.  This rule will also remove and reserve 7 CFR 457.118, Malting barley price and quality endorsement. 

This rule will amend the Area Risk Protection Insurance Regulations (ARPI); Common Crop Insurance Regulations Basic Provisions (CCIP) and the Coarse Grains Crop Insurance Provisions to: 1) revise Organic Farming Practices (ARPI & CCIP) to allow a producer to report acreage as certified organic, or as acreage in transition to organic, when the producer certifies that they have requested, in writing, a written certification or other written documentation from a certifying agent on or before the acreage reporting date; 2) revise units (CCIP) to add a phrase to allow Crop Provisions to have enterprise units by practice or other insurance features; 3) revise Double Cropping Provisions (ARPI & CCIP) to clarify that double-cropping rules are generally contained in individual basic provisions and crop policies in accordance with FAD-301; and 4) revise Veteran Farmer and Rancher Provisions (ARPI & CCIP) to change language that the spouse of an entity member, who is a qualified veteran, is not required to be a veteran.

This rule amended the Common Crop Insurance Regulations, Dry Pea Crop Provisions for the 2021 and succeeding crop years to better reflect current agricultural practices and allow for regionally-specific agronomic conditions and potential future expansions.

This rule amended the Common Crop Insurance Policy Basic Provisions to implement the changes contained in the Agriculture Improvement Act of 2018. Section 11122 of the 2018 Farm Bill required that FCIC research and develop methods of adjusting for quality losses that 1) Do not impact the actual production history of a producer; 2) Allow producers to exclude a quality loss from their actual production history when the quality loss is insufficient to trigger an indemnity payment; 3) Is optional for a producer to use; and 4) Is offered at an actuarially sound premium rate. In addition to changes mandated by the 2018 Farm Bill, FCIC made some discretionary changes to the CCIP Basic Provisions, the Area Risk Protection Insurance (ARPI) Basic Provisions, and the Coarse Grains Crop Insurance Provisions.

This rule amended the Common Crop Insurance Policy Basic Provisions in order to make revisions to the: 1) Prevented Planting Provisions; 2) Beginning Farmer or Rancher/Veteran Farmer or Rancher Actual Production History (APH) Application; 3) Mediation and Arbitration Provisions; 4) Dry Pea Crop Provisions by making technical corrections to the final rule that published in June 2020; and 5) Sunflower Seed Crop Provisions to allow changes to the end of the insurance period dates.

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 removal of the guarantee loan provisions that  moved 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 part 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 Rural Business-Cooperative Service (RBS) will amend its regulation on the Intermediary Relending Program (IRP), updating it to fit the needs of the current rural economy and to reflect the changes required by the Agriculture Improvement Act of 2018 (2018 Farm Bill). In addition, section 6017 of the Agricultural Act of 2014 (2014 Farm Bill) amended the IRP’s authorization by moving it from Health and Human Services authority to the Consolidated Farm and Rural Development Act (ConAct) (7 U.S.C. 1922 et seq.). As a result, this affected the requirements of the program. Though regulatory changes have been made to the program, the IRP regulations have been implemented on an ad hoc basis since inception of the program, causing disconnects and inconsistencies within the regulatory text. RBS will complete a holistic rewrite, clean up the regulations governing the program, and remove inconsistencies, thereby making the program more accessible to our customers.

Rural Microentrepreneur Assistance Program (RMAP) was authorized by section 379E of the Consolidated Farm and Rural Development Act (ConAct). This Act established the RMAP to provide loans and grants to support microentrepreneurs in the development and ongoing success of rural microenterprises. The loans establish or augment a rural microentrepreneur revolving loan fund and the grants provide technical assistance and training to microenterprises.

Rural Business-Cooperative Service (RBS) will amend the current regulation by making changes designed to make the program run more efficiently, allow a more user-friendly program, bring the rules in line with other RBS programs and align the regulations to the new 2018 Farm Bill provisions under section 6422.

This action is intended to implement the provisions of the Agriculture Improvement Act of 2018 (2018 Farm Bill) related to section 10102 for the Value-Added Producer Grant (VAPG) Program and section 7608 for the Agriculture Innovation Center (AIC) Program and modernize section 6412 for the Rural Cooperative Development Grant Program (RCDG). In addition, this action will support ways to simplify and streamline Rural Development (RD) program delivery by removing outdated and ineffective definitions, requirements and scoring criterion for the grant regulations (programs) under 7 CFR 4284. 

Enactment of the Agriculture Improvement Act of 2018 (Pub. L. 115-334) on December 20, 2018, provides the legal authority for this rulemaking. This rulemaking is a continuation of the directives given by the Agricultural Act of 2014 (Pub. L. 113-79) and the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-234), and Rural Investment Act of 2002 (Pub. L. 107-171).  The overall intent of this action is to add 2018 Farm Bill provisions for the Biobased Markets Program. Specifically, the action will propose to codify program guidance into the regulations.

The Rural Innovation Stronger Economy (RISE) Grant Program is a newly authorized program enacted as part of the Agriculture Improvement Act of 2018 (Pub. L. 115-334) (2018 Farm Bill) to help struggling communities by funding job accelerators in (meaning more focused job training, such as tractor repair or solar array maintenance) low-income rural communities. This rule will establish regulations to implement the provisions of section 6424 of the 2018 Farm Bill and will describe the program purpose, the eligible uses of program funds, and entities eligible for assistance under the RISE Grant Program that align with the Farm Bill language. The new regulation will also include competitive grant scoring criteria and cost sharing requirements of the Program.

USDA's Rural Business Cooperative Service (RBCS) received funding and authority through Division B, title I of the CARES Act to provide for additional funds for use under the Business & Industry (B&I) Guaranteed Loan Program.  In accordance with the CARES Act, the purposes of the additional B&I funding is to prevent, prepare for and respond to the effects of the pandemic. It is the Agency’s intent that guaranteed loan funds will be primarily for working capital loan purposes to support business operations and facilities in rural areas. 

An interim rule was published for the B&I Coronavirus Aid, Relief, and Economic Security Act(CARES Act) on May 22, 2020 (V.85, No. 100, Pg. 31035) which supplemented the B&I Guaranteed Loan Program as implemented in 7 CFR part 4279, Guaranteed Loan Making and 7 CFR part 4287, Servicing - with inclusion of the new B&I CARES Act Guaranteed Loan Program (B&I CARES Act Program) in 7 CFR 4279.190. This interim rule applied to applications submitted under the B&I CARES Act Guaranteed Loan Program through June 22,2020 or until program funds were expended. The interim rule publication allowed for public comment and at this date the program funds have not been fully expended.

The interim rule was published for immediate implementation of assistance to businesses impacted by the coronavirus emergency.  Comments were solicited from interested members of the public regarding the interim rule for consideration of making changes based on those comments.  After consideration of the public comments received by the USDA Rural Business-Cooperative Service(Agency),the Agency plans to issue a final rule which would address these comments.

 RBCS staff have successfully implemented the interim final requirements. With continuous interaction with stakeholders as well as receipt of public comments, the Agency has determined that some clarifications and modifications should be made to the regulation to further improve program delivery. This final rule will provide clarification and modification to further enhance opportunities for rural businesses to use the B&I program to directly respond to and alleviate the issues resulting from the National COVID-19 Public Health Emergency. This change in the final rule will help the program clarify their intent of eligible purposes.

This final rule will implement the statutory changes made to titles II and IV of the Rural Electrification Act of 1936 (RE Act) by the Agriculture Improvement Act of 2018, Public Law 115-334 (2018 Farm Bill).

The Rural Telephone Loan Program finances the improvement, expansion, construction, acquisition, and operation of telephone lines, facilities, or systems to furnish and improve telephone service in eligible rural areas.

RUS will publish a final rule with comment period to amend existing program regulations in 7 CFR parts 1735, and 1737, and to implement the multiple statutory changes to title II as required by the 2018 Farm Bill.

The Agriculture Improvement Act of 2018 (2018 Farm Bill) made mandatory changes to several programs administered by the Electric Program of the Rural Utilities Service.  The final rule will make revisions to 7 CFR parts 1710, 1720, and 1785 to adopt the statutory changes made by the 2018 Farm Bill, including:

SECTION 6501. Amendments to section 2 of the Rural Electrification Act of 1936 (a) Electric Loan Refinancing
SECTION 6503. Cushion of Credit Payments Program
SECTION 6505. Guarantees for Bonds and Notes Issued for Electrification or Telephone Purposes
SECTION 6507. Cybersecurity and Grid Security Improvements

Rural Development (RD) will implement one mission-area-wide regulation to cover all three RD agencies’ loan and grant programs related to broadband programs. The rule will implement provisions as set forth in section 6210 of the 2018 Farm Bill.  Funds may be used for any activity for which assistance is provided under section 601 (Access to Broadband Telecommunications Services in Rural Areas) of the Rural Electrification Act of 1936 and/or funds may be used to construct other broadband infrastructure (such as middle mile facilities, etc.). Limitations on the use of funding assistance will be addressed in the rule as imposed by Section 6210 of the 2018 Farm Bill:

1. Not more than 10 percent of any financial assistance may be used to provide retail broadband service; in cases where retail broadband service is being proposed, applicants will need to comply with the public notice requirements of section 6207 of the 2018 Farm Bill;

2. Funds may only be used in an area that is not being provided with the minimum acceptable level of broadband (established under 601(d) of the RE Act);

3. This authority shall not be construed to limit the availability of any borrower to finance or deploy services previously authorized; and

4. This authority cannot be used if it would result in competitive harm to any Rural Development grant, loan, or loan guarantee recipient.

As this new rule applies to all RD agencies, each agency, at their sole discretion, will determine which agency regulations will require conforming amendments after enactment of this new rule.

 The Rural Utilities Service (RUS or Agency) will streamline procedures for Electric Program borrowers, including loan application requirements, approval of construction work plans, long-range plans, and system design procedures.

The recommended process improvements such as simplifying policies and procedures and removing unnecessary and outdated RUS Electric Program requirements. are a result of the Electric Program Staff’s experience with working with the RUS stakeholders. The intent of these proposed changes is to streamline and improve the efficiency of the requirements for applying for Electric Program loans, as well as to streamline pre and post-loan procedures. These actions are expected to increase program flexibility which will improve overall customer satisfaction and improve process efficiencies in program delivery.

The regulation changes will decrease the workload to borrowers and RUS employees by eliminating unnecessary policies and requirements and, improving business processes which  are expected to improve time management and potential savings for borrowers.  

The objective of the section 306C WWD Loans and Grants program is to provide water and waste disposal facilities and services to low-income rural communities whose residents face significant health risks.

The Rural Utilities Service (RUS/Agency) will publish a final rule to amend the existing 7 CFR 1777, section 306C WWD Loans and Grants, regulation and the current RUS Bulletin 1777-2, Section 306C Water and Waste Disposal (WWD) Loans and Grants Project Selection Criteria . The 7 CFR 1777 governs the implementation of multiple RUS funding accounts, which in this case are commonly referred to as set-asides as they are separate and smaller programs than the Agency’s primary funding mechanism, the Water and Waste Loans and Grants. The set-asides that follow the 7 CFR 1777 include the Colonia and Native American set-asides. There is both a capital infrastructure and individual component of the Colonia program. The Colonia monies related to assisting individuals have recently been transferred to and delivered by the Rural Housing Service (RHS). Among the updates to this regulation is a recommendation from a Government Accountability Office (GAO) Audit Report (GAO 18-309, Drinking Water and Wastewater Infrastructure Opportunities Exist to Enhance Federal Agency Needs Assessment and Coordination on Tribal Projects) issued on November 13, 2019. GAO recommended that the Agency implement a scoring factor for the Native American set-aside program similar to the scoring element that currently exists for Colonia projects.

 Both the Colonia and Native American programs are highly competitive. With funding requests often exceeding funding availability, scoring criteria are used to assist with the prioritization of pending applications. The scoring elements, which are outlined within the regulation, are the identified priorities for funding requests submitted under the applicable programs. Related to GAO’s Audit Report, the Project Selection Criteria in RUS Bulletin 1777-2 has points for access and health risks for Colonia, however, there are no points assigned for Native American projects. The Colonia and Native American set-asides are independent of each other, but the objective of the set-asides to resolve significant health risks remains the same. The plan is to separate the two types of applicants with separate scoresheets since they are two separate set-asides of funding. If a project were to use both the Colonia and Native American set-asides, the project would be scored and compete separately under each account with other projects that qualify for that specific account.

 The Agency also proposes to update RUS Bulletin 1777-2 by clarifying various terminology as well as scoring of the per capita income and unemployment criteria. This will provide clear policies, consistent program delivery, and clarify proper procedures for Agency staff, as well as greater overall customer service.   

The Rural Housing Service (RHS), the Rural Business-Cooperative Service (RBCS), and the Rural Utilities Service (RUS), agencies of the Rural Development mission area, hereinafter referred to as the Agency, published a final rule with comment on July 14, 2020 (85 FR 42494) that created a unified guaranteed loan platform for enhanced delivery of four existing guaranteed loan programs: Community Facilities (CF) administered by RHS; Water and Waste Disposal (WWD) administered by RUS; and Business and Industry (B&I) and Rural Energy for America (REAP) administered by the RBCS.  The final rule was effective on October 1, 2020, and Rural Development began operating under the new guarantee loan platform.

Collectively, Rural Development’s guaranteed loan programs work to assist in building and maintaining sustainable rural communities.  Through the public comment period  and monthly office hours with lenders and staff, the Agency has solicited feedback on the requirements and policies contained in the rule implemented on October 1, 2020.  The Agency has identified areas for revision or clarification and plan is to issue a second final rule with comment to make amendments to the regulation. The second OneRD final rule with comment incorporates revisions intended to simplify, clarify, improve, expand and enhance the delivery of the four guaranteed loan programs.  These provisions include, among others, clearly defining specific project eligibility criteria, revising the requirements for lenders to participate in the programs, and streamlining the documentation requirements for submission of guaranteed loan applications. 

The Rural Utilities Service will amend its regulations in 7 CFR part 1738 to implement statutory changes made by the 2018 Farm Bill. The statutory changes affecting 7 CFR part 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 in 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.

On March 23, 2018, Congress passed the Consolidated Appropriations Act, 2018 (the 2018 Act) (Pub.L. 115-141) which established a broadband loan and grant pilot program, the ReConnect Program. The Act originally appropriated $600 million to be used on an expedited basis. On January 3, 2019, Congress appropriated (Consolidated Appropriations Act, 2019) an additional $550 million for the ReConnect Program. Once again, on December 20, 2019 Congress appropriated (Consolidated Appropriations Act, 2020) $555 million to continue the ReConnect Program.

The ReConnect Program provides funding in the form of loans, grants, and loan/grant combinations to facilitate broadband deployment in rural areas. One of the essential goals of the ReConnect Program is to expand broadband service to rural areas without sufficient access to broadband, defined as 10 megabits per second (Mbps) downstream and 1 Mbps upstream, including on farms to utilize precision agriculture.

Currently, RUS implements the ReConnect Program by issuing Funding Opportunity Announcements (FOAs). RUS is proposing a new regulation to implement the ReConnect Program. This regulation is intended to codify existing policies through statutory language on eligibility requirements, types and terms of funding, program requirements and processing procedures.

The Agency is considering the need for additional updates to its NEPA implementing regulations.

The Revolving Fund Program (7 CFR 1783) helps qualified nonprofits create revolving loan funds that can provide financing to extend and improve water and waste disposal systems in rural areas.

Section 6403 of the The Agriculture Improvement Act of 2018 (2018 Farm Bill) amended the amount allowed for total project costs.

The revision to 7 CFR 1783 will amend 1783.15(a)(3) from Shall not exceed the lesser of $100,000 or 75 Percent of the total cost of a project...." with Shall not exceed the lesser of $200,000 or 75 percent ...."

RHS will issue a proposed rule to set forth the design features of the Rural Development Voucher Program, including the eligibility of tenants, the inspection of the housing units, and the calculation of the subsidy amount.  A rule would provide clarity of policy and provide consistency in program implementation. Since Fiscal Year 2006, the U.S. Department of Agriculture has received funding for its Rural Development Voucher Program as authorized under section 542 of the Housing Act of 1949, as amended (42 USC 1490r). Under section 542, the voucher program offers assistance to very low-income families and persons residing in rental housing in rural areas. This program has been operating since 2006 using a Notice of Funding Availability (NOFA) published annually in the Federal Register incorporating the supplemental appropriation requirements.

On August 13, 2013, RHS published a proposed rule in the Federal Register to add a subpart Q to 7 CFR part 3560 specifically for the Voucher Program. A 60-day comment period was provided that ended October 15, 2013 (78 FR 49374- 49379). As significant time has passed since that proposed rule, RHS will re-propose permanent regulations that reflect the statutory provisions in section 542 of the Housing Act of 1949, as amended. This proposed rule would also provide procedural guidance for the Rural Development Voucher Program.

The Rural Housing Service is proposing to amend its current regulation to delegate loan approval authority to preferred lenders, i.e., those whose loans have performed well and demonstrated strong underwriting capability, to benefit the program and its stakeholders.  Preferred lenders would be responsible for certifying that both the applicant and property meet all program eligibility and underwriting requirements and thus are eligible for the guarantee without the prior review by agency staff which takes place today. This change will speed up approval processing times, benefiting applicants, preferred lenders, and the Agency. The change to delegated authority would alter the risk management dynamics of the program, and with the proposed rule the agency should be able to proceed in a manner that assures its risk profile for the program would not increase.

The Agency proposes to revise policy and procedures to strengthen oversight and management of the growing Single Family Housing Guaranteed Loan Programs (SFHGLP) portfolio. The Agency's intent is to be consistent with the Office and Management and Budget (OMB) standards for managing credit programs and better align written policies and best practices with those of similar Federal mortgage loan programs. The Agency proposes to impose minimum financial and experience requirements for lenders not supervised by a Federal financial institution regulatory agency (non-supervised lenders). The purpose is to implement management practices that would ensure the goals of the credit program are met while controlling costs as outlined in the OMB Circular A-129. In addition, the proposed rule would require principal officials at non-supervised lenders to establish an oversight process in order to continue participation in the SFHGLP, to ensure that prudent underwriting standards are maintained.

The Agency also proposes to amend 3555.51(a)(9) and (10) to remove additional criteria for supervised lenders as they have been deemed as a class to have demonstrated ability to originate, underwrite, and service SFHGLP loans. The Agency also proposes to relax the regulation requiring counseling for first-time homebuyers. Instead, the Agency will recommend that lenders encourage counseling sources to first time homebuyers, when available.

The Agency also proposes that applicants with delinquent child support payments subject to collection by administrative offset are deemed ineligible unless the delinquent amount is otherwise satisfied. The proposal would align the regulations with Executive Order 13016, Supporting Families: Collecting Delinquent Child Support Obligations,” 61 FR 51763 (October 3, 1996).

The Agency also proposes to amend 3555.105(b)(4) to revise criteria for the credit history and criminal background of construction builders. The revised guideline focuses on the ability of the builder to perform duties based on their experience, reputation and financial ability and aligns with those of other Federal agencies.

The Rural Housing Service (RHS) Multi-Family Housing (MFH) Direct Loan Programs will publish a proposed rule to update 7 CFR part 3560 to implement changes related to the administration of property reserve accounts under the Multi-Family Housing (MFH) Rental Assistance (RA) program. The proposed changes will allow owners to access surplus cash notes as a new source of capital for property improvements, and to implement operating cost increases in property reserve contributions. The programs covered by this part are authorized by title V of the Housing Act of 1949, as amended. 

In the proposed rule, RHS is considering amending section 3560.306 to update the definition of surplus general operating funds, clarify that surplus operating funds may be used to reduce debt service for debt other than agency debt, and allow for an annual increase in reserve contributions by utilizing the Department of Housing and Urban Development's (HUD) Operating Cost Adjustment Factor (OCAF). 

Proposed changes to 3560.306 Reserve account may also include updates to section (d)2 to define surplus cash and explicitly include other third party debt as an allowable use of those funds, allowing borrowers to access state and local government funding available as a capital source for property improvements. If proposed this could improve property condition and increase tools available to borrowers to preserve properties as affordable housing resources. 

Additionally, the proposed rule may allow for an annual adjustment to increase reserve account funding levels by Operating Cost Adjustment Factor (OCAF) as published by HUD annually. This would require a modification to the Loan agreement and the increase documented with budget submission for Agency approval as outlined in 3560.303.  This could allow properties to increase their savings for capital repairs and incorporate the appreciation of the cost of repairs, ensuring funds could be available as needed to make these improvements. 

Rural Housing Service will publish a final rule to revise 7 CFR part 3550, which outlines the requirements of the Direct Single Family Housing (SFH) programs. This action is expected to reduce regulatory burdens in 7 CFR part 3550, enhance program delivery and customer service, promote consistency with the guaranteed SFH loan program where feasible, and reflect current housing market conditions and mortgage loan practices.

A proposed rule was published in the Federal Register (84 FR 64788) on November 25, 2019. A 60-day comment period was provided for in the proposed rule, which closed on January 24, 2020 in which the Agency received and considered 28 comments from 14 commenters on the proposed changes. 

The Rural Housing Service (RHS) intends to publish a final rule which will implement changes 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 changes are designed to provide flexibility, more economically utilize the RA, and to improve the efficiency in managing the assets in the Direct Loan portfolio. The programs covered by this part are authorized by title V of the Housing Act of 1949, as amended. 

Implementing the changes will add to the foundation of the Rental Assistance (RA) sustainability plan, which is intended to ensure that RA is used efficiently and effectively, while maintaining a reasonable federal budget level. The technical corrections will make the regulation easier to use, improve communication with borrowers, and lead to more efficient property operations. The effective use of RA subsidy in MFH properties helps to sustain rural communities; and to expand opportunities for rural and historically underserved people and communities.

 The RHS expects that the asset management changes will result in a stronger, and more resilient, portfolio of properties, improved oversight of critical areas of fiduciary responsibility for the agency and will reduce portfolio financial risk.  These changes are intended to increase program and decision-making transparency for the public. 

The Agency is publishing a final rule to mandate the use of GUS to better monitor the performance of the guaranteed loan portfolio, reduce program risk, and decrease time-consuming and expensive manual file reviews of loan guarantee requests.  All loan products with the exception of the streamlined assist refinance and pilot demonstration loans are supported in GUS.  The Agency will continue to accept manually underwritten files for the streamline assist refinance and select pilot programs.  Specifically, this final rule will amend 7 CFR 3555.107(b) and (c) to require utilization of GUS and remove the option to submit loans manually except for unsupported loan products. 

Currently, the 7 CFR part 3555 regulation allows lenders to submit loan guarantee requests by using the Agency's automated Guaranteed Underwriting System (GUS) or manually (paper-based submission). GUS is widely accepted among Single Family Housing Guaranteed Loan Programs (SFHGLP) lenders and approximately 98 percent of loan guarantee requests are submitted through the system. On November 17, 2020, the Agency published a proposed rule which included a 60 day comment period; see 85 FR 73241 and received comments from eighteen respondents. 

This final rule will also amend 7 CFR 3555.107(i)(4) to require lenders to submit loan closing documentation and fees through the Agency’s automated Lender Loan Closing (LLC) system.  The LLC is widely used among SFHGLP lenders with approximately 98 percent of guaranteed loan closings submitted through this system.  The mandatory use of the LLC will enhance the monitoring of portfolio performance, lessen program risk, reduce paperwork and time burden on lenders and the Agency, and decrease expensive manual submission of loan closings.  Specifically, this final rule will amend 7 CFR 3555.107(i)(4) to remove the option of mailed/overnighted, facsimile, and emailed packages and require the use of the LLC for all lenders.

The final rule would continue the Agency’s efforts to improve program delivery, align the Agency more closely to industry practices, and assist in risk mitigation. The changes made by this rule also supports the timely implementation of automation initiatives crucial to the continued success of the program in an environment of constrained administrative resources and aligns with the overall structure of the mortgage industry, which has drastically changed over the last ten years with an increase in technology opportunities to reduce mortgage loan processing costs and paperwork burden from customers.  Lenders and customers expect to have access to mortgage application and underwriting systems available on-line and on mobile devices 24 hours a day, 7 days a week. These changes in mortgage marketplace highlight the need for agencies to make smart and efficient changes to existing technology models.

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. 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. On February 22, 2005, the Agency published in the Federal Register (70 FR 8503) an interim final rule to delay indefinitely 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 November 2004 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 that would implement the citizenship requirements and harmonize RHS's requirements with those currently established by HUD.

The Agency plans to consolidate and update three regulations governing Community Facilities Loans and Grants programs, 7 CFR part 1942, subparts A and C, and 7 CFR part 3570, subpart B, into a new regulation, 7 CFR part 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 in 7 CFR part 1942, subparts A and C, and 7 CFR part 3570, subpart B, will be removed as obsolete. The final rule includes the following: remove references to the RUS water and waste disposal program, which was moved to 7 CFR part 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 preapplications optional for small projects ($500,000 or less); 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 well-defined and very controlled circumstances. We will also add language implementing the 2018 Farm Bill to include priority for projects that provide substance abuse prevention, treatment, and recovery services; and to allow as an eligible loan purpose the refinancing of certain rural hospital debt.

Rural Development (RD) provides Federal financial assistance to rural communities through its housing, community, and business programs on an equal opportunity basis. RD is responsible for ensuring non-discrimination for persons and entities in activities conducted by the USDA and for ensuring non-discrimination in its federally assisted programs and activities. This proposed rule would cover all those items that are specific to RD and not already addressed in 7 CFR part 15. 

This proposed rule would update policies and procedures for implementing the regulations of the Department of Agriculture issued pursuant to title VI of the Civil Rights Act of 1964, title VIII of the Civil Rights Act of 1968, Executive Order 11246 and the Equal Credit Opportunity Act of 1974, as they relate to the USDA Rural Development or its successor agency under Public Law 103-354. Nothing herein shall be interpreted to prohibit preference to American Indians on Indian Reservations.

The Community Facilities (CF) Program currently utilizes seven existing regulations to service the CF Direct Loans (7 CFR part 1951, subparts E, F, and 0; 7 CFR part 1955, subparts A, B, and C; and 7 CFR part 1956, subpart C). The CF Program will be removed from the existing seven regulations. The Agency will place all regulations for servicing the loans and grants of the CF program into one streamlined regulation; that regulation will apply solely to the CF Program. The Agency will also make changes to improve the servicing options available to CF borrowers.

Rural Development has determined that a rulemaking for this provision is no longer necessary.  Information for the public will be issued in a Federal Register notice.

The final rule will finalize changes made by the interim rule making minor changes to existing NRCS regulations.  The 2018 Farm Bill mandated changes to several conservation programs and related requirements, including State Technical Committee, Watershed Protection and Flood Prevention, Healthy Forests Reserve Program (HFRP), Technical Service Provider (TSP) Assistance, and Voluntary Public Access and Habitat Incentive Program (VPA-HIP).  The changes include:  (1) adding to the membership of the State Technical Committee; (2) waiving the requirement for watershed plans under certain circumstances under the Watershed Protection and Flood Prevention; (3) expanding the purposes of HFRP; (4) authorizing that certification of TSPs be through a qualified non-federal entity; and (5) including as a criteria for evaluation of VPA-HIP bids whether the land is enrolled in the Wetlands Reserve Easement component of the Agricultural Conservation Easement Program.  The final rule will address issues raised in the comments in the interim rule.

The final rule finalized the changes made by the interim rule that provided financial and technical assistance to help conserve agricultural lands and wetlands through easements. The interim rule made the regulation consistent with the changes the Agriculture Improvement Act of 2018 (2018 Farm Bill) made to subtitle H of title XII of the Food Security Act of 1985.  For example:  (1) specified 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) modified 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) specified 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) introduced additional terms and conditions that may be included in the agricultural land easement deed; (5) specified 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) identified 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) incorporated changes to NRCS’s modification, subordination, exchange, or termination of ACEP easements.  The final rule addressed the issues raised in the comments received in the interim rule.

The final rule adopted, with minor changes, the interim rule which implemented changes to RCPP necessitated by the 2018 Farm Bill for administrative streamlining improvements and clarifications.  RCPP was first authorized in the Agricultural Act of 2014 as a part of other NRCS programs to enhance conservation and restoration on a regional or watershed scale. The final rule finalized the regulation as implemented by the interim rule.  RCPP establishes 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 final rule addressed issues raised in the comments received in the interim rule.

We are soliciting public comment regarding whether to establish regulations for the movement of animals modified or produced by genetic engineering. Under the regulatory framework being contemplated, USDA would promulgate regulations using the authorities granted to the Department through the Animal Health Protection Act (AHPA), the Federal Meat Inspection Act (FMIA), and the Poultry Products Inspection Act (PPIA). Pursuant to these authorities, the Animal and Plant Health Inspection Service (APHIS) would conduct a safety assessment of organisms developed using genetic engineering that may increase an animal’s susceptibility to pests or diseases of livestock, including zoonotic diseases, or ability to transmit the same. The Food Safety and Inspection Service (FSIS) would conduct a pre-slaughter food safety assessment to ensure that the slaughter and processing of animals developed using genetic engineering would not result in a product that is unsound, unhealthful, unwholesome, or otherwise unfit for human food.   

We are soliciting public comment on a possible new approach to indemnity value determination and a new framework for the indemnity regulations currently found at title 9, Code of Federal Regulations (9 CFR) parts 50-56. These parts address payment of indemnity to remove animals the Animal and Plant Health Inspection Service (APHIS) classifies as affected, suspect, or exposed to diseases of concern, to eradicate and control foreign animal diseases, emerging diseases, and program diseases. These sections specify values for animals removed for these diseases or the process to determine values if a flat rate was not established, methods of identification, confirmation of destruction, and other aspects of removal. The regulations can cover multiple species in each section based on the disease covered.

First, we are contemplating using an annual indemnity rate table for commercial livestock species when publicly available data exist for animal classes. APHIS would determine indemnification rates annually and publish the rates online. APHIS plans to divide indemnity rates by animal classes. We intend to work with other USDA agencies to determine the animal classes and values so common methods will be used for valuing animals and seek public comment on how this approach may affect members of the public, as well as any alternative suggestions.

Second, APHIS proposes a framework to consolidate all commodity indemnity regulations under a single unified part in part 50. Parts 51-56 would be removed, and the numbers reserved.

The Animal and Plant Health Inspection Service issued a final rule on December 31, 2012, to establish regulations under which research facilities and dealers, exhibitors, intermediate handlers, and carriers must meet certain requirements for contingency planning and training of personnel.  Implementation of the final rule was stayed on July 31, 2013, so that the agency could conduct additional review to further consider the impact of contingency plan requirements on regulated entities.  Since that time, we have conducted such a review, and the 2021 Congressional Appropriations Act has required us to propose to lift the stay.  We are therefore proposing to lift the stay and make minor revisions to the requirements in order to update compliance dates and clarify intent.  The lifting of the stay and proposed revisions would better ensure that entities responsible for animals regulated under the Animal Welfare Act are prepared to safeguard the health and welfare of such animals in the event of possible emergencies or disasters.

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 would also have pest-specific control measures. Finally, 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.

In accordance with the Agricultural Bioterrorism Protection Act of 2002, we are proposing to amend and republish the select agent and toxin lists that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. The Act requires the biennial review and republication of the list of select agents and toxins and the revision of the list as necessary. This action would implement findings of biennial review of the lists. These proposed changes would economically benefit producers, research and reference laboratories, and State and Federal oversight agencies, while also maintaining adequate program oversight of select agents and toxins.   

APHIS is proposing to revise the domestic quarantine regulations for plant pests to remove the lists of quarantined areas from the CFR and place them on the APHIS Plant Protection and Quarantine (PPQ) website. APHIS is also proposing to remove lists of regulated articles from the domestic quarantine regulations and place them on the PPQ website. Changes to the lists would be announced through notices published in the Federal Register.

We are proposing to eliminate the APHIS Trichinae Voluntary Certification Program and remove its associated regulations from the regulations. This action would also notify the public that APHIS will no longer maintain the Trichinae Voluntary Certification Program, nor any activity associated with the program, such as training for Qualified Accredited Veterinarian, on-farm audits, or any other administrative process associated with program maintenance and support. The program generates little producer participation, and by eliminating it, we would be able to direct APHIS resources to areas of greater need.

This rulemaking would extend APHIS enforcement of the Animal Welfare Act (AWA) to birds, other than birds bred for use in research.  This would help ensure the humane care and treatment of such birds.

We are proposing to amend the regulations for the importation of equines.  Specifically, we are proposing to amend the requirements for temporary export of horses to contagious equine metritis (CEM)-affected regions and the requirements for horses imported from screwworm-affected regions.  We are also proposing to amend the requirements describing the general testing and quarantine requirements for horses imported by air by replacing the specific test requirement with performance standards describing health certification statements and permit requirements. Finally, APHIS proposes to amend the requirements for import of horses from Canada to remove distinctions between temporary and permanent import and remove the requirement for inspection by an APHIS port veterinarian of horses presented for permanent entry.  These changes will streamline and standardize the requirements for equine imports and may reduce the burden on importers.

This action would amend APHIS’ animal disease traceability regulations, currently codified at 9 CFR part 86. The primary proposed change would require that beginning January 1, 2023, APHIS would only recognize identification devices (e.g., eartags) as official identification for cattle and bison covered by the regulations if the devices have both visual and electronic readability (EID). Other proposed changes are intended to clarify language and requirements in several sections of part  86. These changes would enhance the U.S. traceability system to better achieve goals of rapidly tracing diseased and exposed animals and containing outbreaks.

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.

This final rule will amend the Animal Welfare Act regulations by removing the requirement that research facilities update their registration every 3 years; removing the requirement that research facilities request an inactive status; clarifying the duration of a registration and conditions for termination; replacing the requirement for continuous review of research animal use activities with a complete review of IACUC approved protocols at 3-year intervals; and removing the requirement that the Institutional Official or CEO sign the annual report.

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 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.

We proposed amending the horse protection regulations to provide that the Animal and Plant Health Inspection Service (APHIS) would train and license horse protection inspectors (HPIs) to inspect horses at horse shows, exhibitions, sales, and auctions for compliance with the Horse Protection Act. Those changes to the regulations would strengthen enforcement of the Horse Protection Act and regulations and relieve horse industry organizations or associations of their regulatory burdens and responsibilities. We also proposed establishing a process by which APHIS can deny an application for a HPI license or revoke the license of a HPI who does not meet the minimum requirements, who fails to follow the designated inspection procedures, or who otherwise fails to carry out his or her duties and responsibilities in a satisfactory manner. In addition, we proposed making several changes to the requirements that pertain to the management of any horse show, exhibition, sale, and auction, as well as changes to the list of devices, equipment, substances, and practices that are prohibited to prevent the soring of horses.  Finally, we proposed revising the inspection procedures that inspectors are required to perform. These actions would help to protect horses from the cruel and inhumane practice of soring and eliminate unfair competitive advantage that sore horses have over horses that are not sore.

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.

This rulemaking amends our disease regulations to provide for a National List of Reportable Animal Diseases, along with reporting responsibilities for animal health professionals that encounter or suspect cases of communicable animal diseases and disease agents. The changes are necessary to streamline State and Federal cooperative animal disease detection, response, and control efforts. This action will consolidate and enhance current disease reporting mechanisms, and it will complement and supplement existing animal disease tracking and reporting at the State level. 

APHIS is proposing to revise its national Brucellosis eradication program. Currently, the program assigns statuses to States based on the prevalence of brucellosis within the State. The current statuses in the classification system are, from highest to lowest: Class Free, Class A, and Class B. APHIS is proposing a new classification system in which States would be assigned statuses based on whether a State is consistent or inconsistent with regard to standards contained in a Program Standards document regarding surveillance, epidemiological investigations, and affected herd management. In addition, APHIS proposes to remove the list of brucellosis State classifications for both the cattle and bison and swine programs from the CFR and move the list to the APHIS website, and to revise conditions for interstate movement of cattle, bison, and swine to reflect the new State classification system. Finally, APHIS is proposing to align vaccination and branding requirements in the regulations with current operational practices.

This rulemaking would propose to revise APHIS' National Environmental Policy Act (NEPA) Implementing Procedures (7 CFR part 372).

We are proposing to amend the regulations regarding the importation of live dogs by requiring all live dogs imported into the United States for resale purposes to be microchipped for permanent identification, and to require importers to procure a microchip reader and make it available to port-of-entry officials as requested. This action would also add microchipping as one of three identification options for dogs and cats used by dealers, exhibitors and research facilities.  In addition, APHIS is proposing to require a verifiable signature on the health certificate and rabies certificate accompanying imported live dogs, an endorsement of the health certificate by a government official in the country of origin, and the mandatory use of forms provided by APHIS.

This rulemaking would have amended the Animal Welfare Act regulations concerning the humane handling, care, treatment, and transportation of marine mammals in captivity. These proposed changes would have affected sections in the regulations relating to variances and implementation dates, indoor facilities, outdoor facilities, and water quality. It would also have revised the regulations that relate to swim-with-the-dolphin programs. We believed these actions were necessary to ensure that the minimum standards for the humane handling, care, treatment, and transportation of marine mammals in captivity were based on current industry standards and scientific knowledge and experience. The action is being withdrawn due to the age of the analyses on which it relies.

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 removes the domestic quarantine regulations for the plant pest emerald ash borer. This action will 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 will instead be directed to non-regulatory options to mitigate and control the pest.

This rulemaking amends the domestic quarantine regulations for pale cyst nematode by adding procedures that allow persons to review and comment on the protocols for regulating and deregulating quarantined and associated areas. As part of this action, we have made the protocols available online. We are taking these actions in response to a court order requiring the Animal and Plant Health Inspection Service to provide a means for public input on the protocols we use to deregulate fields for pale cyst nematode and to make the protocols publicly available. These changes make the protocols accessible to all and give persons the opportunity to comment on them. 

This advance notice of proposed rulemaking will solicit input from the public on defining the term bred for use in research to clarify an exclusion from the Animal Welfare Act’s definition of animal for birds, rats of the genus Rattus, and mice of the genus Mus that are bred for use in research.

This proposed action would solicit comments on the Animal and Plant Health Inspection Service’s (APHIS’) intention to administratively implement fees to cover the Government’s full cost for providing services related to the following APHIS programs: Licenses for animal dealers under the Animal Welfare Act, veterinary biologics product approval, and regulatory review of genetically engineered organisms. These user fees were included in the President’s Fiscal Year 2020 USDA Budget Proposal to Congress. USDA currently provides services that benefit these specific industries through appropriations.

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

AMS is reopening the comment period for the April 2015 proposed rule on the Origin of Organic Livestock. This action requests additional input on alternative solutions posed by commenters in previous comment periods.  The suggested solutions would clarify the requirements for transitioning nonorganic dairy animals to organic production.

This action solicits comments on a proposal to add a "nonuse of service” exception to the requirement that will allow Federal Grain Inspection Service (FGIS) customers to obtain official services from agencies designated to provide those services within specific geographic areas. This action further proposes to gather information on stakeholder needs prior to the implementation of the nonuse of service exceptions. Public comments and suggestions, including industry input, would be used to develop a proposed rule for further public comment criteria FGIS would consider in determining whether to grant exceptions to the geographic boundary requirement.

This action solicits comments on proposed updates to the List of Bioengineered Foods based on input from comments and other available information.

This action would change the National List of Allowed and Prohibited Substances (National List) based on recommendations from the National Organic Standards Board (NOSB) at their 2019, 2020, and 2021 meetings. The National List is a list of substances that are allowed or prohibited in organic farming, handling and processing.

The proposed rule would revise the Packers and Stockyards regulations to add provisions for written notifications related to the new livestock dealer trust. The revisions outline the process for livestock sellers to notify livestock dealers and the Secretary of the seller's intent to preserve their interest in trust benefits should the dealer fail to pay for livestock purchased. The revisions also require livestock sellers to acknowledge in writing that they forfeit rights to the dealer trust under the terms of credit sales to dealers. These provisions mirror existing regulatory provisions related to livestock and poultry sales under the Packers and Stockyards Act.

The U.S. Department of Agriculture’s Agricultural Marketing Service proposes to amend the regulations issued under the Packers and Stockyards Act (P&S Act) to address the use of poultry grower ranking systems as a method of payment and settlement grouping for poultry growers under contract in poultry growing arrangements with live poultry dealers. The proposed regulation would establish certain requirements with which a live poultry dealer must comply if a poultry grower ranking system is utilized to determine grower payment. A live poultry dealer’s failure to comply would be deemed an unfair, unjustly discriminatory, and deceptive practice.

USDA proposes to revise the regulations issued under the Packers and Stockyards Act (Act) (7 U.S.C.181 229c) to provide clarity regarding conduct that may violate the Act. This action is intended to support market growth, assure fair trade practices and competition, and protect livestock and poultry growers and producers. The proposed rule addresses long-standing issues related to competitiveness and whether all allegations of violations of the Act must be accompanied by a showing of harm or likely harm to competition.

USDA proposes to supplement a recent revision to regulations issued under the Packers and Stockyards Act (Act) (7 U.S.C.181 229c) that provided criteria for the Secretary to consider when determining whether certain conduct or action by packers, swine contractors, or live poultry dealers is unduly or unreasonably preferential or advantageous. The proposed supplemental amendments would clarify the conduct the Department considers unfair, unjustly discriminatory, or deceptive and a violation of sections 202(a) and (b) of the Act. USDA would also clarify the criteria and types of conduct that would be considered unduly or unreasonably preferential, advantageous, prejudicial, or disadvantageous and violations of the Act.

This action will make three 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. The National List is a list of substances that can be used in organic farming, handling and processing.

The Dairy Donation Program rulemaking will comply with Consolidated Appropriations Act of 2021 mandates. Dairy Donation Program will implement a voluntary program that will reimburse eligible dairy organizations for milk used to make eligible dairy products donated to non-profit groups for distribution to low-income persons.

The Strengthening Organic Enforcement (SOE) rulemaking will address 2018 Farm Bill mandates. In summary, SOE will follow 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 proposes to establish standards for organic production and certification of farmed aquatic animals and their products in the USDA organic regulations. This action would also add aquatic animals as a scope of certification and accreditation under the National Organic Program (NOP).

This action would change the National List of Allowed and Prohibited Substances (National List) based on recommendations from the National Organic Standards Board (NOSB) at their October 2019 meeting. The National List is a list of substances that are allowed or prohibited in organic farming, handling and processing.

This rule establishes a formula for calculating grain inspection supervision fees to align with the method used for establishing other AMS user fees.  This rule enables the program to maintain appropriate operating reserves and adjusts administrative fees for other services.  AMS will publish annual fee adjustments in the Federal Register and on its Website.

This Advanced Notice of Proposed Rulemaking (ANPR) requests comments on options for replacing outdated references in USDA's organic regulations to U.S. Environmental Protection Agency (EPA) policy on inert ingredients in pesticides. Inerts, also known as other ingredients, are any substances other than the active ingredient that are intentionally added to pesticide products. The references to outdated EPA policy appear in the USDA organic regulations in the National List of Allowed and Prohibited Substances (National List) and identify the inert ingredients allowed in pesticides for organic production.

This action has been withdrawn. Industry support was insufficient to warrant rulemaking at this time. The Grain Foods Promotion, Research and Promotion Order would have been established under the Commodity Promotion, Research and Information Act of 1996. The program would have been intended to increase efficiency in processing, enhance the development of new markets and marketing strategies, increasing marketing efficiency, and enhance the image of grain foods and the grain foods industry in the United States.

This final rule amended the regulations issued under the Packers and Stockyards Act (P&S Act) by adding new regulations that specify the 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.

This action added new part 990 establishing rules and regulations for the domestic production of hemp. This action implemented provisions of the Agriculture Improvement Act of 2018 (Farm Bill).

The National List is a list of substances that can be used in organic farming, handling, and processing. This action made 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 proposed action would solicit comments on the Agricultural Marketing Service’s (AMS) intention to administratively implement fees to cover the Government’s full cost for providing services for activities related to the following AMS programs: Domestic Hemp Production Program Licenses; Packers and Stockyards Licensing Activities; Federal Grain Regulatory Activities; and Administration of Marketing Agreements and Orders. These user fees were included in the President’s Fiscal Year 2020 USDA Budget Proposal to Congress. USDA currently provides services that benefit these specific industries through appropriations.

The Pecan Research, Promotion, and Information Order was established under the Commodity Promotion, Research and Information Act of 1996. The purpose of the program is to strengthen the position of pecans in the marketplace, maintain and expand markets for pecans, and develop new uses for pecans. 

This advance notice of proposed rulemaking seeks public comments to inform future Food Safety and Inspection Service (FSIS) regulations for the labeling of meat and poultry products made using animal cell culture technology.  The Federal Meat Inspection Act (FMIA; 21 USC 601 et seq.) and the Poultry Products Inspection Act (PPIA; 21 USC 451 et seq.) require that meat and poultry products be truthfully and accurately labeled and that their labels be pre-approved by FSIS (21 USC 607(d) and 457(c), respectively), prior to movement in commerce.  FSIS issues labeling regulations and reviews and approves meat and poultry product labels pursuant to these statutory labeling requirements.  Food products made using animal cell culture technology and derived from the cells of livestock subject to the FMIA (cattle, sheep, swine, goats, and fish of the order Siluriformes) or the PPIA (chickens, turkeys, ducks, geese, guineas, ratites, and squabs) are subject to the labeling (and other applicable) requirements of these Acts and the regulations issued thereunder.

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.

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) is proposing to exempt certain records from the FSIS system "USDA/FSIS-0005, AssuranceNet" from the access and notification provisions of the Privacy Act of 1974 to prevent interference with law enforcement investigations. This rule will list the name of the system of records as exempt under the FSIS Freedom of Information and Public Information regulations.

The Food Safety and Inspection Service (FSIS) is proposing to eliminate its regulations at 9 CFR part 355, thus ending the program under which FSIS inspectors provide fee-for-service certification that certain foods for dogs, cats and other carnivora (pet food) are produced under sanitary conditions and meet compositional and labeling requirements. The certified pet food regulations are outdated, and FSIS is unaware of any establishments currently paying for FSIS certification services for pet food. Additionally, the fact that both USDA and the Food and Drug Administration (FDA) inspect pet food has led to industry and consumer confusion, and both agencies agree that stakeholders will benefit from the simplification of Federal jurisdiction over pet food.

The Food Safety and Inspection Service (FSIS) is proposing to amend the poultry products inspection regulations to rescind the regulation that requires condemnation of poultry carcasses affected with any of the forms of avian leukosis complex. Under the proposal, avian leukosis lesions would be addressed by the current regulation that provides for any organ or other carcass part affected with tumors to be trimmed and the unaffected parts of the carcass to be inspected and passed. The proposed rule would also rescind the regulation that requires young chicken slaughter establishments operating under the New Poultry Inspection System (NPIS) to provide a location along the production line at which an FSIS inspector may inspect the first 300 carcasses of each flock together with associated viscera for leukosis and the regulation that prescribes inspection procedures for avian visceral leukosis in NPIS young chicken slaughter establishments.

The Food Safety and Inspection Service (FSIS) is proposing to amend its regulations to define the conditions under which the labeling of meat product labels can bear voluntary statements indicating that the product is of United States (U.S.) origin, such as Product of USA, or Made in the USA.

The Food Safety and Inspection Service (FSIS) is proposing to rescind the regulations at 9 CFR 424.22 that require FSIS to collect samples of pumped bacon from producing establishments and analyze them for nitrosamines because FSIS no longer conducts this testing.

FSIS also is proposing to amend its labeling requirements for meat and poultry products to establish new definitions for cured and uncured. FSIS is taking this action in response to a petition.

Consistent with the changes that the Food and Drug Administration (FDA) finalized, the Food Safety and Inspection Service (FSIS) is amending 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. The final rule will: (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 revising the format and appearance of the Nutrition Facts Panel; amending the definition of a single-serving container; requiring dual-column labeling for certain containers; and updating and modifying several reference amounts customarily consumed (RACCs or reference amounts). FSIS is also consolidating the nutrition labeling regulations for meat and poultry products into a new Code of Federal Regulations (CFR) part.

FSIS is amending the regulations prescribing the statistical methods to be used in measuring the performance of chemistry laboratories in its voluntary Accredited Laboratory Program (ALP) and expanding the program to include pathogen testing. Additionally, the Agency intends 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 amending 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 will 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 amending its labeling regulations 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.

The Food Safety and Inspection Service (FSIS) is amending its regulations to define Yak and include it among exotic animals eligible for voluntary inspection under 9 CFR part 352.