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.

USDA will provide additional direct financial assistance to producers of agricultural commodities who suffered eligible revenue losses in calendar year 2020 during the COVID-19 pandemic; this will expand on the assistance USDA provided last year.  Payments will be made using funds under the Consolidated Appropriations Act, 2021 (CAA; Pub. L. 116-260).  In addition, the rule will also update the regulations for the Coronavirus Food Assistance Program (CFAP); Biomass Crop Assistance Program (BCAP); Emergency Conservation Program (ECP); Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP); Livestock Forage Disaster Program (LFP); Livestock Indemnity Program (LIP); Noninsured Crop Disaster Assistance Program (NAP); and payment eligibility provisions.

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 require 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.

We are revising our regulations regarding the production or disclosure of official information in legal proceedings (referred to as Touhy regulations).  These regulations are being updated to promote consistent processing of Touhy requests among U.S. Department of Agriculture (USDA or Department) agencies; clarify the responsibilities of all parties in the Touhy process; and provide additional information about criteria that USDA agencies should consider in the Touhy process.

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.

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 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.

The final rule is expected to further streamline program delivery and oversight of Farm Loan Programs.

The rule would implement two disaster assistance programs authorized by the Extending Government Funding and Delivering Emergency Assistance Act of 2021.  This implementation will include the On-Farm Commodity Loss Program and Milk Loss Program.  The disaster assistance for on-farm stored commodities is expected to provide payments for losses of commodities stored on-farm structures that were damaged due to weather related events that took place in calendar years 2020 and 2021. The disaster assistance for milk is expected to be implemented using a payment formula. 

The final rule will remove regulations for farm programs that are obsolete, no longer authorized, or administered under different funding. For example, certain regulations such as the Livestock Indemnity Program regulation are located in both the FSA chapter in the Code of Federal Regulations (CFR) and in the Commodity Credit Corporation (CCC) chapter of the CFR; the current regulations are the CCC regulations, so the rule will remove the obsolete regulations from the FSA chapter of the CFR. 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 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 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. This rule includes two new pilot programs: the Clean Lakes, Estuaries, and Rivers initiative (CLEAR 30, which has 30-year contracts) and the 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 River's (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. CRP is a Commodity Credit Corporation (CCC) program administered by FSA. Some 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.  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 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 (FPAC) mission area is reviewing existing environmental compliance provisions for the Farm Service Agency, Commodity Credit Corporation, FPAC Business Center, Natural Resources Conservation Service, and Risk Management Agency.  Changes will be proposed to revise and consolidate the environmental compliance regulations (including for farm loans) for consistency, efficiency, and compliance with the National Environmental Policy Act, and the Council on Environmental Quality’s guidance and regulations (for example, environmental justice).

 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.

The final rule changed 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 changed equitable relief and the State Agricultural Mediation Program provisions, which are the only changes that were not self-enacting. The changes increased statutory loan limits or improve the various loan programs (direct farm ownership loans, direct and guaranteed loans, microloans, and emergency loans) and relieve some restrictions to participation or otherwise encourage participation.

In addition, the final rule changed 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 had referenced LIBOR when limiting the maximum interest rate lenders may charge their guaranteed loan customers at closing.  FSA also simplified the maximum interest rate rules to make them more understandable for lenders and more practical for FSA to monitor.  In addition, FSA clarified 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 applied to FSA guaranteed loan applicants; however, FSA is added this to 7 CFR 762 for consistency with the limitation in 7 CFR 764.101 applying to FSA’s direct loan applicants.

This rule amended 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 amended the alfalfa hay calculation used in determining the average feed cost and actual dairy production margin.

The rule amended the Conservation Reserve Program (CRP) regulations to remove two discretionary requirements.  

The rule amended the Dairy Indemnity Program Regulation (DIPP).

In addition, the rule updated 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).

The rule implemented 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. The program is the Oriental Fruit Fly Program (OFF).

This rule would make discretionary changes to ELAP to better assist producers facing severe drought conditions. It would assist with the cost of transporting feed to livestock intended for grazing and the cost of transporting livestock intended for grazing to feed, amend the definition of eligible drought, and remove the restriction on providing assistance for transportation of water to livestock located on land enrolled in the Conservation Reserve Program.  

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 proposes to streamline and clarify the processes for requesting interpretations of crop insurance policy and procedure (Final Agency Determinations) and streamline requests for administrative review or appeal of final agency determinations issued by FCIC.

This rule announced the Pandemic Cover Crop Program (PCCP) to provide support for agricultural producers impacted by the COVID-19 pandemic for the 2022 crop year.  USDA is dedicating funding to reach a broader set of producers than in previous COVID-19 assistance programs, with a specific focus on strengthening outreach to underserved producers and communities and small and medium agricultural operations.  As a part of that initiative, this rule established PCCP for 2022.

This rule will simplify record-keeping requirements for producers who sell their production directly to consumers.  It can be to entities related to themselves or producers who have a financial interest in more than one business operation within the overall supply chain of their products (commonly referred to as vertically integrated).  This rule will allow these producers to use their own existing records.  Prior to this rule, FCIC required records from disinterested third parties.  This will make it easier for producers to provide supporting records by allowing them to use the records that are under their control.

This rule proposed to amend the Common Crop Insurance Regulations, Apple Crop Insurance Provisions to provide policy changes to better meet the needs of the apple producers, to address program vulnerabilities that have caused increased loss ratios and rising premium costs, and to provide safeguards against fraud, waste, and abuse.  The proposed changes plan to be effective for the 2024 and succeeding crop years.

This rule amended the Common Crop Insurance Regulations; Dry Pea Crop Provisions and Dry Bean Crop Provisions to allow for additional unit divisions by type.  This change allowed 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 were made throughout the regulation.  

This rule amended 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 also removed and reserved 7 CFR 457.118, Malting barley price and quality endorsement. 

This rule amended the Area Risk Protection Insurance Regulations and Common Crop Insurance Policy, Basic Provisions; Coarse Grains Crop Provisions and General Administrative Regulations, Interpretations of Statutory Provisions, Policy Provisions, and Procedures to codify existing cover crop and prevented planting flexibilities, clarify double cropping records requirements, and other clarifications and corrections.

The Rural Business Cooperative Service (RBCS) of USDA Rural Development offers programs to help businesses grow as well as job training for people living in rural communities. Such Programs include loans or grants to nonprofit entities, public bodies, or Indian Tribes who use the funds to assist development of private businesses and other economic development activities. Due to current regulations and policies, Tribes and tribally owned businesses, corporations and enterprises have faced recurring challenges and barriers in accessing certain RBCS programs. At this time the current interpretation of tribal enterprises and tribally owned business as an extension of the tribal government versus a private business restrict tribal access to the programs and the Office of Tribal Relations has asked RBCS to look into how best to address this issue. RBCS is considering refining and adjusting certain eligibility requirements related to Tribes, tribally owned businesses, tribal corporations and tribal enterprises with the hope of addressing this concern.

In advance of any potential rulemaking to enact consistent eligibility requirements intended to reduce barriers to program access, RBCS proposes to publish an Advanced Notice of Proposed Rulemaking (ANPRM) to invite comments on whether this action is needed and how relationships between a Tribe and its businesses, corporations, enterprises or governmental instrumentalities should be treated for program eligibility. The Agency intends to use the feedback and input to improve RBCS program delivery to Tribes, tribally-owned business, tribal corporations and tribal enterprises

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.

This action is expected to reduce burden on both the applicants and the Agency by reducing requirements, clarifying requirements, streamlining the application and certification process and increase efficiencies in program delivery. Codification for all program guidance will ensure consistency in how programs are administered.
Additionally, improvements will facilitate the sales of the business using the labeling program.

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. 

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 immediate implementation of  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 to provide assistance to businesses impacted by the coronavirus emergency.  The 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. RBCS staff have successfully implemented the interim final requirements

Since the publication of the interim rule, funds have been fully expended and the Agency received public comments from interested members of the public regarding the interim rule for consideration of making changes based on those comments. The Agency has determined that some clarifications and modifications should be made to the regulation to further improve program delivery. 

 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.

The Rural Business Cooperative Service (RBCS) is proposing to amend 7 CFR 4287 subpart B by publishing a final rule with the intent to clarify the current regulation and update certain provision to align with 7 CFR 5001 (OneRD).

With the implementation of OneRD and for guaranteed loans originated after October 1, 2020, Business and Industry loans are originated and serviced under OneRD regulation. Agency currently has and anticipates a growing number of Borrowers whose existing guaranteed loans are serviced in accordance with 7 CFR 4287 subpart B have or will obtain additional guaranteed loans that will be serviced under OneRD.

The expected outcomes of the administrative updates to the current regulation will make it a more understandable document for RBCS borrowers and minimize confusion. The changes are also expected to increase the efficient implementation of the program which ultimately benefits RBCS borrowers. 

The Rural Business-Cooperative Service published a final rule in the Federal Register on April 27, 2021 [87 FR 10938] which updates the Rural Energy for America Program 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). 

The Rural Business-Cooperative Service (RBS) published a final rule on December 21, 2021 [86 FR 72151] completing its revision to the Intermediary Relending Program (IRP) regulations to streamline process, provide clarity on the daily administration of the program, and incorporate program updates. The regulatory cleanup incorporates the program statutory requirements established in the Agriculture Improvement Act of 2018 (2018 Farm Bill). These updates fit the needs of the current rural economy and to reflect the changes required by the 2018 Farm Bill. 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.  Prior to the publication of the final rule, though regulatory changes have been made to the program, the IRP regulations had been implemented on an ad hoc basis since inception of the program, causing disconnects and inconsistencies within the regulatory text.  

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.

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

The Rural Development (RD) mission area, comprised of the Rural Utilities Service, Rural Business-Cooperative Service, and Rural Housing Service agencies, published a final rule; request for comments in the Federal Register on September 15, 2020 [85 FR 57077] to establish the authority authorized by section 6210 of the Agriculture Improvement Act of 2018, which will assist rural families and small businesses in gaining access to broadband service by permitting recipients of a loan, grant, or loan guarantee from RD to use up to 10 percent of the amount provided to construct broadband infrastructure in areas not served by minimum acceptable level of broadband service.

Although the final rule was effective on September 15, 2020, comments were solicited from the public during a 60-day comment period. Public comments were received and are currently being considered by RD for the need to make any revisions.     

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 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.

RUS will issue regulations to implement the ReConnect Program. This regulation is intended to codify eligibility requirements, types and terms of funding, program requirements and processing procedures.

The Rural Utilities Service (RUS) intends to publish a final rule with comment to amend 7 CFR 1777, section 306C Water and Waste Disposal (WWD) Loans and Grants program.  The objective of the program is to provide water and waste disposal facilities and services to low-income rural communities whose residents face significant health risks and lack access to safe, reliable drinking water and waste disposal facilities and services. The updates to the regulation are expected to clarify terminology and policies, update scoring criteria, and streamline program processes and delivery to recipients. 

The Rural Utilities Service (RUS), intends to publish a final rule to update 7 CFR 1710, 1724, 1717, 1724 and 1730 to streamline its procedures for Electric Program borrowers, including: loan application requirements; approval of workplans and load forecasts; use of approved contracts and system design procedures; and reporting requirements. This is round 3 of streamlining updates.

It is expected that the proposed changes will streamline and make more efficient the requirements for applying for Electric Program loans and to streamline the Electric Program’s pre- and post-loan procedures. Specifically, the expected outcomes will: (1) reduce the regulatory burden on Electric Program borrowers; (2) ensure that loan funds will be repaid in the time agreed upon; and (3) that the RUS loans remain adequately secured during their lifetime. The proposed final rule is expected to also reduce the burden on RUS Electric Program staff by reducing the time and resources required to review routine or unnecessary documents. RUS expects that these actions will enhance RUS and customer efficiency, thereby increasing customer satisfaction and service.

To implement these changes, RUS will publish this as a final rule without prior notice. The Administrative Procedure Act exempts from prior notice rules with any actions "relating to agency management or personnel or to public property, loans, grants, benefits, or contracts" (5 U.S.C. 553(a)(2)).

The Rural Utilities Service (RUS) intends to update 7 CFR 1780, Water and Waste Loans and Grants, as a part of its efforts to improve customer service for its recipients and create more efficient work processes for Agency staff. This regulation provides guidance on application processing, including eligibility, planning, bidding, constructing, closing, and liquidating accounts. While the focus is on the water and waste disposal loans and grants, programs administered through other regulations within WEP’s portfolio follow certain provisions of this regulation.  

RUS intends to publish this rulemaking as a final rule with comment. The updates to 7 CFR part 1780 are expected to: (1) provide clear and up-to-date policies; (2) provide consistent program delivery; (3) provide greater overall customer service; and (4) bring program delivery more in line with current industry practices and best practices.

Specifically, the regulation updates are expected to: (1) incorporate new and revised statutory and discretionary language; (2) clarify and consolidate applicant and project eligibility requirements; (3) codify Agency priorities; (4) promote program accessibility; (5)  and reorganize topics to more closely align with the life-cycle of a loan and grant. By correcting existing water and wastewater system situations that could threaten the environment or human health, WEP projects improve the livelihoods of community residents and meet pollution mitigation. In FY2021, approximately 70 percent of the projects funded alleviated a health or sanitary issue. Further, the revisions in this final rule with comment expect to expand eligibility for lead service line replacement and clarify the criteria of a health or sanitary hazard.  Finally, with an emphasis on underserved areas, this 7 CFR 1780 is used to process loans and grants focused on benefiting historically impoverished areas located in designated Persistent Poverty counties and distressed communities.

The Administrative Procedures Act exempts from prior notice rules any action relating to agency management or personnel or to public property, loans, grants, benefits, or contracts” (5 U.S.C. 553(a)(2)).

RUS intends to update 7 CFR 1782 by publishing a final rule with comment as a part of its continuing effort to improve customer service for its recipients and create more efficient work processes for Agency staff. Specifically, the intent of the updates is to provide: (1) clearer policies; (2) consistent program delivery; (3) greater overall customer service.  Additionally, the final rule intends to reorganize the regulation to more closely align with the life-cycle of a loan and grant. The proposed changes are expected to ensure that both internal and external stakeholders have clear guidance on both routine and non-routine servicing actions.

The Administrative Procedures Act exempts from prior notice rules any action relating to agency management or personnel or to public property, loans, grants, benefits, or contracts” (5 U.S.C. 553(a)(2)). To implement these changes, RUS will publish this action as a final rule with comment.

7 CFR 1782, Servicing of Water and Waste Programs provides recipients and staff guidance on the servicing of water and waste disposal direct loans and grants administered by the USDA, Rural Utilities Service (RUS), Water and Environmental Programs (WEP). This regulation was last updated on September 28, 2007, at 72 CFR 55011. The previous regulation update combined several loan and grant servicing regulations into a single, unified servicing regulation. The regulation provides guidance on routine servicing activities as well as non-routine servicing activities for recipients needing assistance in resolving problem loan or delinquency issues. Servicing activities, especially non-routine, have become more complex and the regulation has proved inadequate. Many of the servicing activities occurring today were not as common in the water and waste disposal industry at the time the regulation was last modified. The updates in this final rule with comments are expected to remedy these issues. 

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 Rural Housing Service (RHS), the Rural Business-Cooperative Service (RBCS), and the Rural Utilities Service (RUS), agencies of the Rural Development mission area (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 had solicited feedback on the requirements and policies contained in the rule implemented on October 1, 2020.  With identified areas for revision or clarification, the Agency plans 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 Housing Service (RHS) intends to publish a proposed rule to establish criteria for compliance with section 214 of the Housing and Community Development Act of 1980. Section 214 requires that individuals applying to receive federal assistance under certain programs must provide a U.S. citizenship declaration and verification of the individual’s citizenship status.

The Rural Housing Service (RHS) intends to publish a proposed rule that will propose modifications to the Voucher Program, which is expected to address the eligibility of tenants, the inspection of the housing units, and the calculation of the subsidy amount. Since Fiscal Year 2006, the U.S. Department of Agriculture has received funding for its Voucher Program as authorized under section 542 of the Housing Act of 1949, as amended (42 U.S.C. 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. The proposed rule is expected to also provide procedural guidance for the Program.

The Rural Housing Service intends to publish a proposed rule to amend 7 CFR 3555 to delegate loan approval authority to delegated lenders, (i.e., those whose loans have performed well and demonstrated strong underwriting capability, to benefit the program and its stakeholders). Delegated 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. The changes are expected to speed up approval processing times, which benefit applicants, delegated lenders, and the Agency. 

Rural Development (RD) expects to publish a proposed rule to 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. This proposed rule would cover all those items that are specific to RD and not already addressed in 7 CFR part 15. 

The Rural Housing Service (RHS) Multi-Family Housing (MFH) Direct Loan Programs is proposing a 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 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 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. 

This propose rule would clarify program eligibility requirements in 7 CFR 3555 for USDA's Single Family Housing Guaranteed Loan Program (SFHGLP).  Applicants seeking to purchase a home through USDA Single Family Housing Guaranteed (SF HG) program, must have acceptable citizenship or immigration status.  Specifically, under current regulations, the applicant must be a U.S. citizen, a U.S. non-citizen national, or a qualified alien as required by section 401 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PROGRAM) (8 U.S.C. section 1611).   

Rural Development (RD) Rural Housing Service (RHS) intends to publish a proposed rule to update 7 CFR 1924 with the intention of making the current regulation consistent with other current RD requirements and federal agency criteria. The proposed rule is expected to set forth the requirements that are needed in the planning and performance of construction and other development work. The focus will be to consolidate, streamline, and update the various regulations that contain the policies and procedures for planning and performing building construction using financial assistance from a variety of programs from RHS.

The proposed regulation changes will provide guidance for the construction of buildings that are financed across the RD portfolio. The focus will be on habitable structures that are considered to be buildings within the construction industry.  The affected programs are within RHS Community Facilities, Single Family Housing, and Multi-Family Housing programs. Habitable buildings financed by RUS and RBCS will have access to 7 CFR 1924 by a cross reference with those Agency’s applicable program regulations.

The Rural Housing Service (RHS) expects to publish a proposed rule to amend the current regulation for 7 CFR 3555.304(d)(6) to implement changes related to the use of special service options for Non-Performing Loans. The action is expected to amend 7 CFR 3555.301 to adjust the Mortgage Recovery Advance (MRA) process to make it less cumbersome and eliminate documentation and eligibility challenges for borrowers who do not require payment reduction. Currently, the process to administer the MRA options require extensive processing, tracking, and oversight. The expected results of the proposed changes are: (1) To offset the negative effects that delinquencies will have on our Single Family Guaranteed Loan Portfolio. This will allow more families to remain in their homes resulting in fewer loss claims for the Agency; (2) Gives lenders more flexibility in their servicing options; (3) Benefit borrowers and lenders by offering a less expensive and less cumbersome option, creating an environment that supports successful future homeownership. 

The Rural Housing Service (RHS) plans to publish a final rule with comment 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. It is planned to also include 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. 

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.

The Rural Housing Service (RHS) published a proposed rule on June 9, 2021 [86 FR 30555] to amend the current regulations for the Single-Family Housing Guaranteed Loan Program (SFHGLP) regulations found in 7 CFR part 3555. A 60-day public comment period was provided in the proposed rule, which closed on August 9, 2021, and comments were received and are under consideration by Agency.  RHS intends to follow the proposed rule with a final rule that is expected 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 Rural Housing Service (RHS) is proposing to publish a final rule with comment to update 7 CFR part 3560, subpart D, to implement changes related to the Multi-Family Housing (MFH) Direct Loan Program.  The updates to the regulation would provide that, during the COVID-19 pandemic and any other public health emergencies, the Secretary may require that section 515, 514 and 516 MFH program borrowers provide tenants with information on any available emergency funding specific to the emergency prior to initiating a lease termination or eviction action. 

Additionally, the expected outcomes of this regulation update, will provide that, in such circumstances, the Secretary may extend the time period before lease termination for nonpayment of rent to 30 days after the tenant has received such information. Currently, MFH section 515, 514 and 516 tenants must vacate the property within 30 days of notice of occupancy termination. This extension will provide adequate opportunities for tenants to overcome impediments to secure emergency funding and will prevent unnecessary evictions. The programs covered by this part are authorized by title V of the Housing Act of 1949, as amended. 

Rural Housing Service proposed a 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.

The Rural Housing Service (RHS) published a proposed rule which proposed 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 may 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 Rural Housing Service (RHS) published a final rule in the Federal Register on February 7, 2022 [87 FR 6773] to amend 7 CFR 3555 subparts C and D  implementing changes to Single-Family Housing Guaranteed Loan Program (SFHGLP) to mandate the use of the Guaranteed Underwriting System (GUS) and the Lender Loan Closing System (LLC) by approved lenders. The Agency’s mandated use of GUS in loan originations and the LLC for loan closings will allow the Agency to decrease time-consuming and expensive manual file reviews, improve performance monitoring and reduce program risk of the guaranteed loan portfolio.

The final rule would 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.

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.

This advance notice of proposed rulemaking solicits public comment on APHIS’ plans to propose amendments to enhance regulations and standards for animals covered under the Animal Welfare Act (AWA) in three areas: 1) Public handling of dangerous animals at licensed exhibitors. 2) The training of personnel who handle dangerous animals in these settings. 3) Environmental enrichment to promote the psychological well-being of all species covered under the AWA. Our intent is to utilize this feedback to help inform our development of a proposed rule. 

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. In addition, we are proposing to codify operational procedures and policies necessary to enforce the regulations. 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.

This action would amend APHIS’ animal disease traceability regulations, currently codified at 9 CFR part 86. The primary proposed change would require that beginning June 30, 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 proposing to amend our regulations governing user fees assessed for the costs of providing veterinary diagnostic and import/export related services for live animals and animal products. We are proposing to remove specific user fee tables from the regulations, and establish a notice-based process to update our user fees using a standardized formula to calculate the fees that would be codified in the CFR. Under the proposed notice-based process, APHIS would annually issue a notice for public comment proposing all the fees for the upcoming year as calculated using the formula. This notice would request public comment. 

The U.S. Department of Agriculture (USDA) is proposing to amend its Privacy Act regulations to exempt a system of records, Smuggling Interdiction and Trade Compliance (SITC) National Information Communication Activity System (SNICAS), USDA/APHIS-21, from certain provisions of the Privacy Act. USDA is further proposing to amend its Privacy Act regulations to reflect an administrative change to the list of system of records that are exempt from certain provisions of the Privacy Act.  

Current Horse Protection Act (HPA) regulations require Designated Qualified Persons (DQPs) to be licensed directly through Horse Industry Organizations (HIOs). DQPs conduct inspections of horses at HIO-affiliated shows, sales, auctions, and exhibitions to determine compliance with the HPA. We are proposing to amend the Horse Protection regulations by eliminating the role of HIOs and DQPs as inspectors at horse shows, exhibitions, sales, and auctions, and assigning inspection authority solely to Animal and Plant Health Inspection Service (APHIS) Veterinary Medical Officers and other persons authorized by APHIS.  Other changes are also being contemplated.

We are proposing multiple revisions to our AQI user fee regulations in order to facilitate full cost recovery as required by 21 U.S.C. 136a. We are proposing to update the fees using more current operational data, as well as update the fees to incorporate recurring costs such as capital improvements and staffing needs. Inflation would also be incorporated into our model. Other changes are also being contemplated.

This action proposes adding a subsection to the regulations at title 9, Code of Federal Regulations (9 CFR) part 93, subpart F, to impose requirements on the import of live dogs for resale from regions where African swine fever (ASF) exists or is reasonably believed to exist.

We are proposing to amend the regulations governing the importation of certain animals, meat, and other animal products by allowing, under certain conditions, the importation of fresh (chilled or frozen) beef from Paraguay. Based on the evidence from a risk analysis, we have determined that fresh beef can safely be imported from Paraguay, provided certain conditions are met. This action would provide for the importation of fresh beef from Paraguay into the United States while continuing to protect the United States against the introduction of foot-and-mouth disease.

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 amending the regulations for the importation of equines. Many of these changes would better align our regulations with international standards and allow us and the equine industry more flexibility. The changes would also add further safeguards that protect against introducing or disseminating pests or diseases of livestock into the United States.

This notice will 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 notice is being issued pursuant to the terms set forth in a September 14, 2018, final rule (83 FR 46627-46639, Docket No. APHIS-2010-0082), which established a notice-based process for authorizing the importation of fruits and vegetables into the United States.

This notice will 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 notice is being issued pursuant to the terms set forth in a September 14, 2018 final rule (83 FR 46627-46639, Docket No. APHIS-2010-0082), which established a notice-based process for authorizing the importation of fruits and vegetables into the United States.

This notice will allow the importation of fresh apple and pear fruit from certain countries of the European Union into the continental United States, provided that the fruit is produced in accordance with a systems approach, as an alternative to importation under the current preclearance program. The systems approach for fresh apple and pear fruit consists of production site and packinghouse registration, inspection of production sites, production site pest control and sanitation, post-harvest safeguards, fruit culling, traceback, sampling, cold treatment against Mediterranean fruit fly in countries where the pest is known to occur, a phytosanitary certificate, port of entry inspection, and importation as commercial consignments only. Fresh apple and pear fruit that does not meet the requirements of the systems approach will continue to be allowed to be imported into the United States from certain countries of the European Union subject to the conditions of the preclearance program currently in the regulations. This action will provide an alternative for the importation of fresh apple and pear fruit from certain countries of the European Union while continuing to provide protection against the introduction of plant pests into the continental United States. This notice is being issued pursuant to the terms set forth in a September 14, 2018 final rule (83 FR 46627-46639, Docket No. APHIS-2010-0082), which established a notice-based process for authorizing the importation of fruits and vegetables into the 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. Additionally, we are proposing to update cage standards for dogs held domestically by dealers or exhibitors who are licensed under the Animal Welfare Act or used in research at registered facilities. Other changes are also being contemplated.

We are contemplating establishing 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 proposing to amend the regulations governing the importation of cut flowers to remove requirements for the importation of specific types of cut flowers from the regulations, and to list them in the USDA Cut Flowers and Greenery Import Manual instead. Updates to these requirements would occur through notices published in the Federal Register, rather than rulemaking. We are also proposing to remove entirely any restrictions on the importation of cut flowers of the genera Chrysanthemum, Leucanthemella, and Nipponanthemum from countries in which chrysanthemum white rust (Puccinia horiana P. Henn., CWR) is known to exist.

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 lift the stay. We are therefore lifting the stay and making minor revisions to the requirements in order to update compliance dates and clarify intent. The lifting of the stay and revisions will 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 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.

We are withdrawing a proposed rule that would have amended the horse protection regulations with respect to several program practices. We are taking this action to withdraw the proposed rule so that we may reevaluate these program practices based on the findings of research conducted after its publication.

This notice will 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 will 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 will 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 will also have pest-specific control measures. Finally, consignments will 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 notice will 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. This notice is being issued pursuant to the terms set forth in a September 14, 2018 final rule (83 FR 46627-46639, Docket No. APHIS-2010-0082), which established a notice-based process for authorizing the importation of fruits and vegetables into the United States.

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.

AMS intends to publish a Notice (Notice) in the Federal Register seeking public comment on recommendations to update the List.

The Agricultural Marketing Service (AMS) seeks comments and information to inform policy development and future rulemaking proposals regarding the use of poultry grower ranking systems commonly known as tournaments in contract poultry production.  AMS seeks this input in response to numerous complaints from poultry growers about the use of tournament systems.  Comments in response to this request would help AMS tailor further rulemaking in addition to that already planned and under way to address specific industry practices in relation to tournament systems.  

AMS intends to publish a Notice (Notice) in the Federal Register seeking public comment on recommendations to update the List.

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). The proposal would revise the list of disclosures and information live poultry dealers must furnish to poultry growers and sellers with whom dealers make poultry growing arrangements. The proposal would further establish parameters for the use of poultry grower ranking systems by dealers to determine settlement payments for poultry growers. The proposals are intended to promote transparency in poultry production contracting and to give poultry growers relevant information with which to make business decisions.  

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

This proposed rule invites comments on the establishment of an industry-funded promotion, research, and information program for natural grass sod products.  The proposed Natural Grass Sod Promotion, Research, and Information Order was submitted to the U.S. Department of Agriculture by Turfgrass Producers International, a group of natural grass sod producers.  The program will conduct research, marketing, and promotion activities that will benefit the entire industry.  Primary goals of the program include educating consumers and stakeholders of the benefits of natural grass and providing producers with marketing tools they can use to grow their business.  The goals identified in this proposed rule are only attainable through a national research and promotion program for natural grass sod. 

The National List identifies the synthetic substance allowances and the nonsynthetic substance prohibitions in organic crop and livestock production. It also identifies the nonorganic substances that may be used in or on processed organic products.

The two amendments in this proposed rule were submitted to the USDA by the National Organic Standards Board (NOSB). If finalized, the rule would allow organic crop producers to use paper-based crop planting aids (including paper pots) as an additional tool on organic farms. It would also allow organic handlers to use low-acyl gellan gum (a gelling agent) in organic processed products.

This action proposes to amend the USDA organic regulations to reflect an October 2010 recommendation submitted to the Secretary by the National Organic Standards Board (NOSB) concerning the production of organic apicultural (or beekeeping) products.

This action proposes to amend the USDA organic regulations to reflect a recommendation submitted to the Secretary by the National Organic Standards Board (NOSB) to develop organic pet food standards.

This action proposes to establish standards for the organic production and certification of mushrooms in the USDA organic regulations.

The National List identifies the synthetic substance allowances and the nonsynthetic substance prohibitions in organic crop and livestock production. It also identifies the nonorganic substances that may be used in or on processed organic products.

The three amendments in this proposed rule were submitted to the USDA by the National Organic Standards Board (NOSB). If finalized, the rule would:

1)      Reduce the amount of biobased content (i.e., derived from plants rather than petroleum) required in biodegradable mulch film products used in organic production. The current requirement is for 100 percent biobased content, and no products on the market meet this requirement. This rule would reduce the biobased content requirement to 80 percent to increase the likelihood that plastic film manufacturers will develop products that meet all requirements, thus opening new market opportunities;

2)      Reinstate a listing for sodium nitrate on the National List and resolve confusion as to why the listing has remained on the National List since 2012, despite the fact it was not renewed as a prohibited natural during its sunset period in 2012. By reinstating the listing, the current regulatory listing would be validated, and regular reviews (sunset review) of the substance would resume as occurs with all other substances on the National List and as mandated by statute; and

3)      Prohibit natural stripped and concentrated ammonia products as well as limit the use of nitrogen fertilizers with a carbon-to-nitrogen ratio below 3:1. These amendments will prevent negative environmental effects and prevent product use that would be inconsistent with organic farming.

The proposed rule would revise the Packers and Stockyards regulations to add provisions to administer and enforce the livestock dealer trust, which arose from amendments to the Packers and Stockyards Act in December 2020. The revisions would establish procedures for enforcement of the trust provisions, including appointment of an independent trustee. The rule would also establish the authority, rights and responsibilities of the independent trustee. The rule would include procedures and responsibilities applicable to the Secretary in the event the Secretary assumes the role of trustee in a dealer statutory trust case.

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 final rule will 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 rulemaking for the Dairy Donation Program will finalize the program authorized in the Consolidated Appropriations Act of 2021. The Dairy Donation Program is a voluntary program that reimburses eligible dairy organizations for milk used to make eligible dairy products donated to non-profit groups for distribution to low-income persons.

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).

There are two types of shell egg packers: (i) producers-packers, which grade and package eggs from their own flocks, and (ii) grading stations, which may grade and package eggs from sources other than their own flocks.  The document proposes revisions to update exemptions allowed under Part 57 so that grading stations which handle 3,000 or fewer eggs per day are exempt from egg inspection requirements, thus aligning grading station egg handlers with producers/packers.

Aligning exemptions for grading stations handling less than 3,000 eggs per day with those already allowed for producer-packers is necessary for USDA to carry out the inspection program in a cost-effective manner. 

AMS published a final rule based on the comments received during the recently reopened comment period for the April 2015 proposed rule on the Origin of Organic Livestock. The rule clarifies requirements for transitioning nonorganic dairy animals to organic production.

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 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.

This proposed rule intended to invite comments on the establishment of an industry-funded promotion, research, and information program for wheat flour used to produce grain foods.  The proposed Wheat Flour Foods Promotion, Research, and Information Order was submitted to the U.S. Department of Agriculture by the Grain Foods Foundation (GFF), a group of baking and milling industries and allied suppliers.  The proposed Order, initially submitted by GFF, was intended to increase sales by reversing the current decline in wheat flour consumption, improving the perception of bread, and producing research to strengthen the industry’s promotion of bread through: (a) Consumer Media; (b) Retail Channel Development; (c) Food Service Channel Development; and (d) Science/Nutrition Research. The proposed order submitted by GFF intended to improve consumption of grain foods, ensure that benefits to the entire industry are paid for by the entire industry, and allow for consistent funding to maximize promotion and research efforts. However, prior to publication of this proposed rule, the GFF Board formally requested that efforts to publish this proposed rule cease.

FSIS is proposing to amend the Federal meat, poultry, and egg product inspection regulations to make them more consistent 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 amend its regulations to define the conditions under which the labeling of 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 amend its regulations to establish criteria for evaluating Grant of Inspection (GOI) applications for Official Import Inspection Establishments.

The Food Safety and Inspection Service (FSIS) is proposing to amend its labeling requirements for processed meat and poultry products to establish new definitions for "Cured" and "Uncured." Additionally, FSIS is proposing to remove from the regulations the chart listing approved uses of food ingredients and sources of radiation at 9 CFR 424.21(c) and to instead list approved uses online and in FSIS Directive 7120.1, Safe and Suitable Ingredients Used in the Production of Meat, Poultry and Egg Products. FSIS is proposing these changes in response to a petition. Finally, FSIS is proposing to rescind the regulations at 9 CFR 424.22(b)(1)(i) and (ii)(C) that require FSIS to collect samples of pumped bacon from producing establishments and analyze them for nitrosamines because FSIS no longer conducts this testing.

The Food Safety and Inspection Service (FSIS) is proposing to update and combine into a new part of the Code of Federal Regulations the criteria FSIS uses to evaluate whether a foreign country is eligible to export meat (including Siluriformes fish), poultry, or egg products to the United States.

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.

FSIS is revising the regulations prescribing the statistical methods used in measuring the performance of chemistry laboratories in its voluntary Accredited Laboratory Program (ALP) and expanding the scope of accreditations offered by the program. FSIS is changing the statistical method the ALP uses to evaluate laboratory proficiency testing (PT). FSIS also is providing for the ALP to accredit non-Federal laboratories for microbiological indicator organisms and pathogen testing. Additionally, the Agency is making various minor edits and changes to the regulation for the sake of clarity and to incorporate all sample types under the jurisdiction of FSIS.

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 regulations to establish a uniform time period requirement for the filing of appeals of certain Agency inspection decisions and actions. The rulemaking will also clarify and simplify appeals procedures generally.

The Food Safety and Inspection Service (FSIS) is amending its labeling regulations to expand the categories of meat, poultry, and egg 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 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 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 is amending the Federal meat inspection, poultry product, and egg regulations to require establishments that have an Internet connection to provide FSIS access to it for the purposes of conducting and recording inspection verification activities.  Internet service is essential to FSIS personnel for the inspection of meat, poultry, and egg products, given the need to fully employ the FSIS Public Health Information System (PHIS). PHIS assigns inspectors tasks to verify the establishment meets regulatory requirements and to respond to public health incidents promptly.  Inspectors also enter their activities in PHIS.  FSIS views Internet service as a necessary utility, like lighting, heating, and laundry services, that should be provided by establishments as a regulatory condition of receiving inspection.  Similar to the provision that small plants requiring less than one full time inspector need not furnish facilities such as office space, lighting, heat, janitor services, and lockers, FSIS will not require establishments without Internet access to purchase the services or to upgrade services that are not sufficient for FSIS’ use.