This rule implements the HAVANA Act of 2021 for the U.S. Department of Agriculture (USDA). The Act provides the authority for the Secretary of Agriculture and other agency heads to provide payments to certain individuals who have incurred qualifying injuries to the brain. The rule covers current and former USDA employees and dependents of current or former employees.

USDA is working  to establish new regulations that will set requirements for the quantification, reporting, and verification of greenhouse gas emissions associated with the production of domestic agricultural commodities used as biofuel feedstocks. The rule may create additional opportunities to incentivize biofuel feedstock crops grown with climate-smart practices, and may facilitate the participation of farmers in emerging environmental services markets

The final rule would amend the delegations of authority in 7 CFR part 2 to reflect updates to the delegations of authority by the Secretary to the Under Secretary for Farm Production and Conservation (FPAC) and the FPAC mission area agencies, the General Counsel, and the Director of the Office of Tribal Relations.  The rule would also correct an error in a delegation by the Under Secretary for Natural Resources and the Environment to the Chief of the Forest Service. 

USDA's Office of the Chief Financial Officer proposes updates to USDA's regulatory implementation of 2 CFR part 200--Uniform Guidance for Federal Financial Assistance. The proposed update at 2 CFR chapter IV is focused on increasing fair and open competition, equitable access to economic opportunities, and enhancing the internal control landscape of financial assistance at USDA.

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.

Please note that NIFA decided to incorporate this subpart provision into RIN 0524-AA71.

The regulations governing the Dairy Tariff-Rate Quota Import Licensing program, 7 CFR 6.206.36, are designed to fulfill our World Trade Organization obligations and facilitate the import of certain dairy products under tariff-rate quotas (TRQs) as set forth in certain notes in chapter 4 of the Harmonized Tariff Schedule of the United States. Under these TRQs, a low tariff rate applies to imports of certain dairy products up to a specified quantity. A higher tariff rate applies to any imports in excess of that amount. Under the licensing program regulations, the Foreign Agricultural Service (FAS) issues three types of annual licenses: historical, nonhistorical (lottery), and designated. The three license types are used in the same manner but are obtained under different circumstances. No license is required to import products at the over-quota tariff rate. The proposed rule removes the section on license transfers, strengthens the suspension and revocation provisions, and moves forward the surrender date to permit earlier reallocation of surrendered quantities.

This rulemaking would eliminate or incorporate and/or modify waivers to the regulations previously issued by the Licensing Authority. This action would also update and/or clarify language, including definitions, and address circumstances not contemplated in 7 CFR 1530 as currently drafted.  For example, the regulations would address procedures for the treatment of export credits where one refined re-export license holder or its assets are purchased by another refined re-export license holder. The regulations would also address whether refiners, SCPs, and Polyhydric Alcohol manufacturers may buy or sell their export credits to other license holders under the program.

The Export Credit Guarantee Program (GSM-102) provides credit guarantees to encourage financing of commercial exports of U.S. agricultural products.  The Foreign Agricultural Service (FAS) is proposing to update language to reflect FAS's current organizational structure, including requirements for participants in the program to register in the System for Awards Management.

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 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, 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 plans to make 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 would 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 would remove the obsolete regulations from the FSA chapter of the CFR.  In addition, several subchapter headings would be updated to remove obsolete references, and a few CFR parts would be moved into a more logical subchapter.

The final rule would finalize changes made by the interim rule making minor changes to existing The Conservation Reserve Program (CRP) regulation. The Agriculture Improvement Act of 2018 (2018 Farm Bill) mandated changes to CRP, which were fully implemented by the interim rule.  CRP is a Commodity Credit Corporation (CCC) program administered by FSA.  There were 63 comments submitted in response to the interim rule.  The final rule will address the issues raised in the comments.  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 did not change. The changes implemented by the interim rule included:  extended and modified the authorization for CRP through fiscal year (FY) 2023; increased the CRP acreage cap 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; implemented two 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); up to $12 million in incentive payments for tree thinning and related activities and provides additional haying and grazing flexibilities; changes to the eligibility criteria for enrollment in CRP; the benefits available to participants; the compliance provisions of CRP; how regional drought concerns are addressed on the Conservation Reserve Enhancement Program (CREP) agreements; and the specific length of SHIPP contracts.

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; however funding for the changes has not yet been provided to USDA. 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 would 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 would 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 would provide notification about adjustments to sign up expectations in order to respond to the changes in funding.

The final rule amended loan making and servicing to improve program delivery of Farm Loan Programs. These program improvements are based on feedback from program participants, lending partners, cooperators, and stakeholders and align with administration priorities to enhance customer service and build confidence in federal programs.  The rule addresses key barriers to program access related to applicant farm experience and loan collateral requirements. Additionally, this rule provides for the development of farm operating plans and repayment terms that emphasize the accumulation of working capital reserves and savings necessary to ensure farm resiliency and promote operational growth. This rule also strengthens servicing options available for financially distressed customers and those affected by natural disasters by reducing barriers and expanding access to installment set-aside programs.

The Emergency Assistance for Livestock, Honeybees, and Farm-raised Fish Program (ELAP) uses Commodity Credit Corporation (CCC) funds to provide emergency relief to eligible producers of livestock, honey bees, and farm-raised fish to aid in the reduction of losses due to disease, adverse weather, or other conditions, such as blizzards and wildfires, as determined by the Secretary, that are not covered by Livestock Indemnity Payments or the Livestock Forage Disaster Program.  The rule added provisions to the ELAP regulations to provide assistance to eligible dairy producers who face reduced milk production due to Highly Pathogenic Avian Influenza A (HPAI) H5N1 virus infection in dairy cattle.  Payments are based on the number of symptomatic cows removed from milk production, an average milk production loss per cow, and the all-milk price.  The average production loss is based on the standard number of days of lost production for infected cattle and the expected milk production, which is based on national production data for a cow’s produced milk in pounds.  To be eligible for ELAP assistance, participants must provide a positive test confirming H5N1 infection in the milking herd and agree to provide additional documentation confirming reductions in milk production or the number of infected animals removed from the milking herd to verify the certified number of infected dairy cattle.

This rule would streamline the dispute resolution process with a proposed rule open for public comment, followed by a final rule.  The proposed changes are intended to make the dispute resolution process more accessible, transparent, and fair.  The proposed changes include encouraging lower-cost options for dispute resolution, removing duplicative and unnecessary processes related to final agency determinations (FAD), and streamlining access to judicial review.  The proposed changes are based on feedback from program participants who have raised concerns about difficulty, expense, fairness, and confusion navigating the dispute resolution process. The proposed rule would also ask for public input regarding whether there should be an alternative process for dispute resolution that does not involve costly arbitration for the farmer.

This rule amended regulations to expand the availability of enterprise and optional units. FCIC combined all multiple cropping rules into a new section and clarified double cropping requirements when another plan of insurance does not require records of acreage and production.  FCIC removed burdensome written agreement requirements and set new yield guarantee limits for new breaking acreage. FCIC provided flexibility and clarified rules regarding assignment of indemnity, streamlining, and shortening good farming practice determinations.  FCIC also clarified the timing and method of yield reductions for several perennial crops, and allowed sunburn damaged walnuts to be eligible for indemnity payments through quality adjustment. 

FCIC is amending the Common Crop Insurance Regulations, Small Grains Crop Insurance Provisions to allow for revenue protection for flax.  The Small Grains Crop Insurance Provisions currently offer actual production history coverage to buckwheat and flax; and offer yield protection, revenue protection, and revenue protection with harvest price exclusion to barley, oats, rye, and wheat.  This rule would also facilitate the expansion of enterprise units and enterprise units by organic practice for additional crops.  

This rule would propose to amend the Common Crop Insurance Regulations, Apple Crop Insurance Provisions to provide policy changes to better meet the needs of the apple producers and to address program vulnerabilities that have caused increased loss ratios and rising premium costs.  The changes are expected to be effective starting with the 2027 crop year.  In addition to extending the formal public comment period, FCIC also held six in-person listening sessions and two virtual sessions during the spring and summer of 2023 to address the proposed changes to the Apple Crop Provisions and to obtain feedback from attendees. The in-person listening sessions were held in Michigan, North Carolina, New Jersey, New York, and Washington. Through these sessions, FCIC engaged with over 500 stakeholders (apple producers, insurance company representatives, and extension specialists) of the Apple Crop Insurance Program. Based on the valuable feedback received during the listening sessions, FCIC has an even better understanding of the impact of the proposed changes.  Following the listening sessions, producers and insurance companies have requested an opportunity to review and comment on the changes FCIC made in response to the initial public comment period and subsequent listening sessions.  FCIC intends to publish a subsequent proposed rule for this additional comment period.  Throughout 2024, FCIC has continued to engage with producers and other industry stakeholders regarding additional enhancements to the Apple Crop Insurance Program.  

The Higher Blends Infrastructure Program (HBIIP) is a program designed to increase the sales and use of higher blends of ethanol and biodiesel by expanding the infrastructure for renewable fuels derived from U.S. agricultural products. The program is also intended to encourage a more comprehensive approach to market higher blends by sharing the costs related to building out biofuel-related infrastructure. The program should increase availability of domestic biofuels and give Americans additional cleaner fuel options at the pump.

RBCS is proposing a rule to codify the policies and procedures for the program in the Code of Federal Regulations, as this program has a significant impact on climate change which is an administration priority.  The proposed rule is intended to seek comment on codification of existing authorities provided through statutory language on eligibility requirements, types and terms of funding, program requirements and processing procedures. 

RBCS intends to conduct public engagement to hear from stakeholders and potential applicants about what they would like to see in the regulation as well as what has worked and what has not worked in the past. This program has been implemented for multiple years, so the public should have some input on what has worked and what has not in the past. RBCS is looking for suggestions and input both from those who have applied in the past and those that did not, why they opted not to and if the program could do anything to encourage new applicants.

Targeted primary stakeholders include owners of fueling station owners, convenience store, and fleets, including auto, truck, rail and marine, and their industry associations. Secondary stakeholders include equipment manufacturers, distributors, and installers; State Energy Offices and State Departments of Agriculture; biofuel producers and farmers/agricultural producers and their industry associations; EPA, DOT, DOE, and other Federal agencies; and other stakeholders and groups with related interests such as environmental and health.

The 7 CFR 1970 is Rural Development’s regulation that applies to all programs across the mission area. This regulation is the vehicle through which the Agency implements National Environmental Policy Act (NEPA)and the Council on Environmental Quality Regulations in 40 CFR 1500-1508.

The current regulation lists a set of actions that always require an Environmental Impact Statement. The change in the proposed rule intends to give the Agency flexibility when sufficient environmental information is available to indicate no significant impacts to allow the agency to proceed with an Environmental Assessment (EA) not requiring an Environmental Impact Statement (EIS). If implemented, the modification will allow the agency to focus its resources on those projects with the most potential impact on the environment .  It will also reduce duplicative work and activity for both applicants and the government.  

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

Enactment of the Agriculture Improvement Act of 2018 (Pub. L. 115-334) on December 20, 2018, provides the legal authority for this rulemaking. The Agency published a proposed rule on 1/24/24 with a public comment period open until 3/25/24.  It 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 would 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 would ensure consistency in how programs are administered.
Additionally, improvements would facilitate the sales of the business using the labeling program. A 60-day comment period was provided for the proposed rule which closed on March 25, 2024. Comments were received from sixteen (16) commenters through the regulatory public comment period, which have been reviewed and are under active consideration by the Agency.

Rural Development (RD) intends to publish a proposed rule to update its Environmental Policies and Procedures in 7 CFR part 1970 which became effective April 1, 2016.  The purpose of this regulation update is for RD to continue to comply with the National Environmental Policy Act of 1969, as amended (NEPA) (42 U.S.C. 4321, et seq.) and all applicable environmental requirements and updating and modernizing the requirements to align with oversight entities, including CEQ.  The update will help clarify for staff and applicants the need to base policy decisions on the environmental consequences of proposed actions, and act to protect, restore and enhance the quality of the human environment. This regulation is applicable to programs administered by the Rural Business-Cooperative Service (RBS), Rural Housing Service (RHS), and Rural Utilities Service (RUS); herein referred to as the Agency (7 CFR 1970.1(b)).  Since implementation of this regulation, Agency internal and external customers have consistently requested additional guidance on numerous regulation provisions. This proposed action to update and re-write the regulation recommends additional guidance to clarify provisions in the regulation and comply with Council of Environmental Quality (CEQ) policy updates that became effective July 1, 2024.

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. 

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

Collectively, Rural Development’s guaranteed loan programs work to assist in building and maintaining sustainable rural communities. The Agency has identified areas for revision or clarification and our plan is to issue a fourth final rule with comment to make amendments to the regulation. This OneRD final rule with comment incorporates mostly all administrative revisions intended to simplify, clarify, improve, expand, and enhance the delivery of the four guaranteed loan programs. One such example would be expanding the explanation of what is an acceptable financial statement.  There are no policy changes with this regulation update. There is, however, a policy clarification for 5001.103(a)(3), the Community Facilities Guaranteed Loans, which intends to codify the eligibility requirements for business incubators (when not inherently commercial), thrift stores, and fairgrounds, agricultural exposition centers, farmers markets, food distribution and food banks.  

To implement these changes, Rural Development will publish this action as a final rule with comment. The Administrative Procedures Act exempts from prior notice rules any actions "relating to agency management or personnel or to public property, loans, grants, benefits, or contracts" (5 U.S.C. 553(a)(2)). However, RD will invite the public to participate in the rulemaking process by submitting written comments. RD will consider all of the comments that are received and may conduct additional rulemaking based on the comments received.

The Agency proposes to make these revisions to the policy and procedures which will strengthen oversight and management of the growing CF, WWD, B&I and REAP portfolios. This action is part of a continuing effort by the Agency to improve customer service for its Lender’s and create more efficient work process for its staff.

Rural Development's Environmental regulations are detailed in 7 CFR 1970 and addresses when National Environmental Policy Act (NEPA) applies and what actions are exempt from NEPA review. This regulation update intends to clearly indicate that guarantees in the OneRD program are not subject to NEPA reviews. There is a significant delay in OneRD guarantees due to environmental reviews even though there are minimal federal oversight in the projects.

Collectively, Rural Development’s guaranteed loan programs work to assist in building and maintaining sustainable rural communities. The Agency has identified areas for revision or clarification and our plan is to issue a fifth final rule with comment to make amendments to the regulation. This OneRD final rule with comment incorporates revisions intended to clarify, improve, expand and enhance the delivery of the four guaranteed loan programs.

The ReConnect program provides funding in the form of loans, grants, and loan/grant combinations for the costs of construction, improvement, or acquisition of facilities and equipment needed to facilitate broadband deployment in rural areas. The expansion of broadband services and infrastructure helps fuel long-term rural economic development and opportunities in rural America.

The final rule that established and codified the requirements for the ReConnect program was published in the Federal Register on February 26, 2021 (86 FR 11603). Since its establishment in 2018 as a pilot program, RUS has successfully opened five funding windows, made awards under four, and is currently reviewing the fifth round of applications. The program has continued to mature, and the agency and its stakeholders have learned valuable lessons over that time.

The Agency proposes to issue a final rule that will improve customer experience and service delivery by adding and updating definitions for clarity, revising reporting requirements to provide flexibility for awardees, reducing burden by removing requirements that are no longer needed, and making other minor revisions as needed to align requirements with more current agency guidance. Although this rulemaking is administrative, there will be an opportunity for public input.

The RUS Electric Program provides leadership and capital to maintain, expand, upgrade, and modernize America's vast rural electric infrastructure.  Under the authority of the Rural Electrification Act of 1936, the Electric Program makes direct loans and loan guarantees (Federal Financing Bank), as well as grants and other energy project financing to electric utilities (wholesale and retail providers of electricity) that serve customers in rural areas.

The Agency plans to issue a final rule with comment to update 7 CFR 1767, subpart B to add new accounts to the System of Accounts (UsoA) for electric borrowers, delete obsolete accounts, and clarify instructions and definitions. The changes will also add new accounts and general instructions for partially extinguished or forgiven debt. 

The Agency, stakeholders, and RUS Awardees will benefit from this final rule with comments. The changes proposed will provide additional guidance and clarity for the Agency, RUS Awardees and Certified Public Accounting (CPA) firms. These changes will better align the RUS USoA with the FERC USoA, providing consistent accounting treatment for Awardees subject to FERC or RUS.This update will enable greater accuracy in reporting by developing three (3) new production plant categories and a new category for energy storage. Additionally, the revision will provide specific accounts and guidance on accounting for extinguished or forgiven debt. Although this rulemaking is administrative, there will be an opportunity for public input. 

Rural Development updated 7 CFR 1773 in May of 2023. Since then, the program has continued to evaluate and obtain input from stakeholders. There appears to still be areas that are prone to misinterpretation and confusion so the program is working to update for more clarity.

The Rural Housing Service (RHS) intends to publish a proposed rule with the intent to amend 7 CFR 3560 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. Customer experience with the program will be enhanced by codifying processes in the regulation that have been run through funding announcements since the inception of the program.

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.

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 Agency intends to address requirements that awardees must meet to comply with Equal Opportunity and Civil Rights laws and various executive orders and enhance customer experience with updates to processes and procedures the first time in over 30 years.

This proposed 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).  The intended outcome of the proposed changes is increased access to essential opportunities for stakeholders by clarifying program eligibility requirements for USDA’s Single Family Housing Guaranteed Loan Program, and align the Agency with other Federal housing partners. Additionally, the proposed changes are expected to allow more applicants availability to own a home and increase the rate of home ownership and promote community stability which creates the foundation for prosperity in Rural America.

The purpose of the Guaranteed Rural Rental Housing Program (GRRHP) is to increase the supply of affordable rural rental housing by using loan guarantees to encourage partnerships between the Rural Housing Service (RHS or Agency), private lenders, and public agencies. 7 CFR part 3565 (part 3565) sets forth the regulation requirements for the GRRHP which prescribes the policies, authorizations, and procedures for the guarantee of multifamily loans authorized by section 538, title V, of the Housing Act of 1949.

To preserve affordable housing, part 3565 requires that properties that are financed with a section 538 GRRHP loan be used for occupancy by low- and moderate-income households and remain as affordable rental housing for the original term of the loan. To codify this requirement, part 3565 requires restrictive use language to be outlined in a separate deed restriction. Part 3565, currently, does not specify that the separate deed restriction be recorded.  Only recorded documents will convey with the property if the mortgage and/or deed of trust is prepaid or if the loan transfers to new ownership.  The Agency is proposing to amend 7 CFR part 3565.352(b) by adding language that states the separate deed restriction (containing the restrictive use language) must be recorded.

The Agency expects that this regulatory change would provide a better customer experience by allowing the Agency to enforce the restrictive use requirement to maintain affordability if the loan guaranteed by the section 538 GRRHP is prepaid.

The Rural Housing Service Single Family Housing (SFH) Self-Help Technical Assistance Grants programs provides grants to qualified organizations to help them carry out local self-help housing construction projects. Grant recipients supervise groups of very-low- and low-income individuals and families as they construct their own homes in rural areas. The group members provide most of the construction labor on each other’s homes, with technical assistance from the organization overseeing the project. Eligible applicants include government nonprofit organizations, federally recognized Tribes, and private nonprofit organizations.

Consistent with the Agency's goal that calls on its agencies to deliver programs efficiently, effectively, with integrity, and with a focus on positive customer experience, the SFH program has identified improvements that are intended to streamline and simplify SFH requirements to reduce paperwork and result in process improvement. The SFH program routinely meets with staff and partners to provide them the opportunity to discuss suggestions for process improvement to reduce burden on grantees and borrowers, increase flexibility of the program and improve overall customer satisfaction.

The Rural Housing Service (RHS) is an agency within the USDA Rural Development (RD) mission area. The SFH Rural Housing Site Loan programs, implemented under 7 CFR 1822, subpart G, provides loans to qualified organizations to help them carry, acquire, and develop land in rural areas. Consistent with RD’s goal that calls on its agencies to deliver programs efficiently, effectively, with integrity, and with a focus on customer service, the SFH program proposes updates and improvements that are intended to streamline and simplify SFH requirements to reduce paperwork and result in process improvement. The SFH Site Loan program has evolved, and the current regulations as codified restrict the Agency’s ability to be flexible with market changes. The SFH program staff routinely meets with its partners to provide them the opportunity to discuss suggestions for process improvement to reduce burden on grantees and borrowers, increase flexibility of the program and improve overall customer satisfaction.SFH proposes to streamline and simplify SFH requirements to reduce paperwork and result in process improvement for the Rural Housing Site Loan program

The Rural Housing Service (RHS), an USDA Rural Development mission area agency, is proposing to amend 7 CFR 3560 with the intent to update the definition of Non-Profit to include a limited partnership with a non-profit general partner to be considered a nonprofit organization for the RHS Multi-Family Housing (MFH) section 515 program. This is intended to provide consistency with the MFH section 514/516 program.

The Agency is actively pursuing a range of strategies to preserve the MFH portfolio, which has more than 400,000 units nationwide with an average property age around 35 years. More than 60 percent of all MFH properties will reach loan maturity by 2040, resulting in a significant loss of affordable housing in rural communities unless action is taken to facilitate preservation by new and current MFH owners. Expanding the definition of a nonprofit organization is intended to allow more entities to access Agency resources and incentives designated for nonprofits while maintaining the integrity of the nonprofit requirement. By expanding the nonprofit definition to include that entity structure (which is already an option available under section 514/516), the Agency can support organizations seeking third-party funding and reduce some complexities in the sale to nonprofit and transfer processes. For nonprofit organizations seeking to acquire and preserve properties without LIHTC, the option for a nonprofit corporation or limited liability corporation can allow them to limit risk to the nonprofit entity that occurs when the nonprofit directly owns properties.

The Rural Housing Service (RHS or the Agency), Housing Preservation Grants (HPG) program, authorized under section 533 of the Housing Act of 1949 (42 U.S.C. 1490m) and implemented under 7 CFR part 1944, subpart N, provides qualified public agencies, private non-profit organizations including, but not limited to, Faith-Based and neighborhood partnerships, and other eligible entities; grant funds to assist low- and very low-income homeowners in repairing and rehabilitating their homes in rural areas.  In addition, the HPG program assists cooperative housing complexes and rental property owners in rural areas in repairing and rehabilitating their units if they agree to make such units available to very low- and low-income persons.  The Agency plans to make general revisions to streamline and update the regulation.  The Agency anticipates the intended changes will provide a better customer experience because references will be current and useful as opposed to obsolete and not helpful to an applicant.  Updates to the regulation could also potentially reduce the amount of time an applicant would need to prepare an application, which in turn reduces their burden in time and potential costs during the application process.  

The purpose of the Guaranteed Rural Rental Housing Program (GRRHP) is to increase the supply of affordable rural rental housing by using loan guarantees to encourage partnerships between the Rural Housing Service (RHS or Agency) Multi-Family Housing (MFH) program, private lenders, and public agencies. 7 CFR part 3565 sets forth the regulation requirements for the GRRHP which prescribes the policies, authorizations, and procedures for the guarantee of multifamily loans authorized by section 538, title V, of the Housing Act of 1949 (42 U.S.C. 1490p-2).

7 CFR part 3565 currently requires that applications for a loan guarantee submitted by lenders must include a loan request for projects that demonstrate market feasibility. The regulation does not specifically state the type of documentation the lender can submit to demonstrate the need (feasibility) for affordable rental housing. Some opted to provide it in the form of a formal market study, others did not, opting for another means / information, thus creating inconsistencies when submitting documentation to the agency that demonstrate market demand.  The regulation makes references to market assessment, but there is no specific requirement that a market study be submitted.

The Agency intends to publish a proposed rule to amend 7 CFR part 3565.24(b) to require that applicants (lenders) submit a market study as part of the complete application for a section 538 Guaranteed Rural Rental Housing loan guarantee. The Agency expects that this proposed regulatory change will allow the Agency to enforce the requirement that applicants must submit a market study as a part of a complete section 538 GRRHP application to determine feasibility of the project. This change would formalize the process and require all applicants to all use a formal market study when demonstrating market need.

The Rural Housing Service (RHS) proposes to establish a  formal process to review and initiate administrative actions and civil monetary penalties against approved lenders in noncompliance with USDA, approval, servicing, and/or lending participation requirements called the Lender Review Board (Board) for USDA’s Single Family Housing Guaranteed Loan Program (SFHGLP) SFHGLP defines lender as the entity making, holding, or servicing a loan that is guaranteed under the provisions of 7 CFR 3555. SFH is proposing the Board to be comprised of voting members and non-voting advisors who will work with the Office of General Counsel to ensure cases that are referred are fact-based and meet legal sufficiency.  The Agency anticipates the following results of these changes: (1)  Provide transparency to all parties and creates an effective strategy to ensure lender accountability: (2) Provide procedures that will strengthen the management and oversight of the SFHGLP; (3)  Provide transparency to approved lenders of the enforcement actions that may be taken by USDA: (4)  Strengthen the oversight and management of the SFHGLP, ensuring lender accountability; and (5)  Align the Agency with other Federal housing programs.  

This rulemaking is required by statute. The Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law on July 29, 2016 (Pub. L. 114201, 130 Stat.782), which made numerous changes to statutes governing the determination of household income in U.S. Department of Housing and Urban Development’s (HUD) programs.
RHS Multifamily Housing programs implemented under 7 CFR 3560, are required by the Housing Act of 1949 statute to be aligned with certain provisions of HOTMA in 24 CFR 5.609. HOTMA changed the requirements for determining household income and net family assets. Currently the RHS regulation found at 7 CFR 3560.153(a) requires that annual income be calculated in accordance with HUD’s regulation at 24 CFR 5.609, as required by the Housing Act 1949. The effective date of HOTMA was January 1, 2024, with a full compliance date not later than January 1, 2025. The Agency expects to publish a proposed rule and then a final rule. RHS will comply with the HOTMA requirements as required by the Housing Act of 1949. An Administrator’s Exception, under the authority granted in 7 CFR 3560.8, has been approved for RHS to exclude 24 CFR 5.609(c) from 7 CFR 3560.153(a) until the final rule is published.  

The Rural Housing Service (RHS) proposes to amend the current regulation for 7 CFR 3555.102(b) and 7 CFR 3555.201(b)(2) specifically related to the purchasing or improving of sites that include income-producing land or buildings that are used principally for income-producing purposes. These changes are being considered to continue supporting and reinforcing the goals of addressing the Nation’s shortage of affordable housing, while increasing access to homeownership.  Changes contemplated by the Agency include: 1. Allow the Agency to issue a guarantee if loan funds are used for a single income producing ADU; 2. Allow the Agency to issue a guarantee if loan funds are used for home-based operations; 3. Clarify that borrowers are allowed to finance sites that include a single income producing ADU; and 4. Add the definition of an Accessory Dwelling Unit (ADU) to the regulation.

The updates are expected to enhance customer experience by allowing rental income from ADUs to be considered for program eligibility would help more borrowers qualify, thereby increasing access to homes with ADUs and benefiting the public. This increased flexibility would enable stakeholders to assist more applicants by offering more financing options, which in turn would help address the nationwide shortage of affordable housing. Additionally, it would expand the Agency's program flexibility by qualifying more borrowers for the SFHGLP, utilizing the potential rental income as part of the loan financing process.

This rule has been discussed at the SFHGLP’s monthly joint housing calls with FHA, FHFA, CFPB, VA, and Ginnie Mae where we provide updates on the status of our proposals and seek input from our partners. Stakeholders have discussed having a benchmark for grounds of administrative action and that was the basis for this plan to get started. Recommendations for simplifying the income calculation methodology has been received during quarterly stakeholder meetings and various housing conferences. All feedback received has been positive and determined to be consistent with other entities within the mortgage industry. An opportunity to provide additional input will be provided during the comment period when the proposed rule is published.  

The Agency is proposing changes to the SFHGLP regulation at 7 CFR 3555 by eliminating the requirement for those who will not be a party to the transaction to supply personal income and asset documentation by using only the income of the applicant(s) when calculating both the income used to determine initial program eligibility as well as income used to determine repayment ability. This will better align the Agency with the Privacy Act of 1974 (5 U.S.C. 552a) and standard industry practices, as well as recognize the significantly changing family dynamics which make it difficult to obtain the currently required financial information. It is expected to enhance customer experience for rural low - to- moderate income residents seeking financing through the SFHGLP, lenders and staff.

Discussions have taken place at the SFHGLP’ s monthly joint housing calls with FHA, FHFA, CFPB, VA, and Ginnie Mae where the Agency provides updates on the status of Agency proposals and seeks input from our partners. Based on positive feedback received, the proposal appears to align with other entities within the mortgage industry-Freddie Mac, Fannie Mae, FHA,and VA have already adopted similar policies. Additional opportunity to provide input will be provided during the comment period once the proposed rule is published.  

The Agency is proposing changes to the SFH Guaranteed regulations at 7 CFR 3555 by updating the maximum principal, interest, taxes, and insurance (PITI) ratio for all non-Guaranteed Underwriting System (GUS) Accept files; eliminating the availability of a PITI ratio wavier for some files; and providing clarification on interested party concessions to adjust to the current mortgage environment and industry standards.  The proposed rule is intended to apply only to lenders. All lenders are required to follow underwriting guidance when underwriting any mortgage loan product and this action is completed in a lenders’ normal course of business. This requirement is consistent with standard mortgage industry practices and is required regardless of the size of the entity. The proposed rule is not expected to result in any increase in costs or prices to small entities.

It is expected that the proposed changes would benefit the public with increased buying power” (i.e., buy a bigger home, more money available for closing) with a higher PITI ratio. The ability to exclude real estate commission fees from the seller concession limitation allows the buyer more flexibility in negotiating with the seller to pay closing costs and prepaids. Stakeholders will be able to assist more applicants by providing more options in financing with more flexible ratios and concession calculations.

Discussions have taken place at the SFHGLP’s monthly joint housing calls with FHA, FHFA, CFPB, VA, and Ginnie Mae where we provide updates on the status of our proposals and seek input from our partners.   In our tri - annual calls, stakeholders have   expressed concerns regarding  our PITI ratio , stating it does not coincide with typical industry standards .  An additional opportunity will be provided for input during the comment period once the proposed rule is published.    

Subpart A of 7 CFR part 1924 prescribes the basic Agency policies, methods, and responsibilities in the planning and performing of construction and other development work for insured Rural Housing (RH), single unit Labor Housing (LH).  It also provides supplemental requirements for Rural Rental Housing (RRH) loans, Rural Cooperative Housing (RCH) loans, multi-unit (LH) loans and grants, Rural Housing Site (RHS) loans, and public owned, commercial Community Facilities (CF) loans and grants. The Agency intends to update the requirements for planning development work in 7 CFR 1924.5 by publishing a proposed rule. 

There is an existing workplan (0575-AD26) that was approved August 2022 for a proposed rule for 7 CFR 1924, Planning, Procuring, and Performing Construction.  The proposed rule will revise all of 7 CFR 1924 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.  While working on the proposed rule for all of 7 CFR 1924 it was identified that 7 CFR 1924.5, 1924.6, and Exhibits D and E pertain to public safety and were identified as critical sections.  The last update to these requirements was in December 2002, and the original regulation was published in March 1987.  Since the last update to these requirements occurred over 20 years ago the current requirements are referencing no longer published building codes and not utilizing current industry standards.  Since public safety is affected, PSS would like to issue this proposed rule to update the requirements to the current industry standards while completing the proposed rule for all of 7 CFR 1924. 

 Specifically, the updates are necessary to: (1) Remove language that pertains to farm loans, since the Agency no longer processes these; (2) Update the Agency’s outdated references pertaining to building construction guides; and (3) Update the Agency’s requirements for use of building codes. 

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 Rural Housing Service (RHS) published a proposed rule on August 4, 2022 [87 FR 47646] to amend the current regulations for the Single-Family Housing Guaranteed Loan Program (SFHGLP) regulation found in 7 CFR part 3555.  A 60-day comment period was provided for the proposed rule, which closed on October 3, 2022.  RHS received comments from 41 respondents, of which one of the comments was not applicable to the contents of the rule.  Of the comments received, 30 were from mortgage lenders, one was from a public assistance agency, and ten were from other members of the public. 

As a result of the comments received, Rural Development anticipates including in the Final Rule the opportunity for Delegated Lenders to submit files to the Agency for review and approval, in some circumstances.  In addition, Rural Development will consider the recommendations on oversight sample size and the roll-out timeframe in development of the final rule. The Agency will also add 7 CFR 3555.55 to grant Delegated Lenders the authority to approve and execute loan guarantees with limited to no involvement of Agency staff. The provisions include the following:

 (1) The Agency may grant Delegated Lenders the authority to approve loans and obtain Loan Note Guarantees with limited to no involvement of Agency staff.

 (2) The Agency would reserve the right to suspend or terminate any lender’s delegated status for reasons including, but not limited to, underwriting loans which do not meet Agency guidelines, providing data to the Agency’s automated underwriting system which is not supported by documentation retained by the lender, maintaining a portfolio that does not meet the established delinquency, loss claim, and default rate performance metrics, and other criteria described in Agency loan program requirements in 7 CFR 3555, and any other regulatory guidance issued.

 (3) Delegated Lenders would be required to use the Agency’s automated underwriting system as described in 3555.107(b) Automated underwriting.”

 (4) The Agency would monitor ongoing delegated authority (DA) eligibility using regular collection and analysis of loan level data and performance, as well as through lender oversight reviews/examinations.

The changes to 7 CFR 3555 are expected to improve the efficiency of the delivery of the SFHGLP, align Agency practices with industry standards, and provide the public, specifically low- and moderate-income households, with faster and better service by eliminating Agency intervention at loan origination through closing.

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.

Under the authority of the Housing Act of 1949, (42 U.S.C. 1471 et seq.), as amended, the MFH Direct Loan and Grant Programs make direct loans or grants to provide affordable multi-family rental housing for low income, elderly, disabled individuals and families, or domestic farm workers in eligible rural areas. The program is implemented under 7 CFR 3560.

Borrowers are required to purchase and maintain property insurance on all buildings included as security for an Agency loan. Borrowers must also furnish fidelity coverage, liability insurance and various other insurance coverage required by the Agency to protect the security of the asset. Insurance protects the asset against loss or damage.  Failure to maintain adequate insurance coverage may lead to a non-monetary loan default.

The Rural Housing Service (RHS) published a proposed rule on 10/25/2023  with the comment period ending on 12/26/2023 to amend 7 CFR 3560.4, 7 CFR 3560.62 and 7 CFR 3560.105 to implement changes related to insurance requirements for the MFH Direct Loan and Grant programs. These proposed changes to 7 CFR 3560 subparts A, B and C are intended to align insurance coverage types, amounts and deductibles with affordable housing industry standards, as well as simplify the coverage amounts and deductible limits. The intended outcome of these proposed changes is to simplify insurance coverage amounts and deductible limits which is expected to reduce Agency staff review time of insurance requirements and improve overall efficiency in managing the assets in the multi-family housing portfolio. Simplifying the coverage amounts and deductible limits will also provide a more positive customer experience.

RHD intends to codify the changes of the proposed rule published in the Federal Register on March 29, 2024 [89 FR 22094] with this final rule. It is necessary to codify the updates made to the credit reporting process by the Agency, align Agency practice with industry standards, and remove the need to rely on various internal guidance documents during the credit reporting process. The requirements for obtaining credit reports for applicants and borrowers for MFH funding, transfer, and servicing actions will be updated in the regulation and the rulemaking action will include conforming changes to rescind 7 CFR 1910 subparts B and C, and 7 CFR 1955.118, which are outdated. The change is intended to improve the customer experience. 

The SFH section 502 Direct and section 504 Programs are implemented under 7 CFR 3550 and the SFH Guaranteed Loan Program is implemented under 7 CFR 3555. Both programs are authorized, by sections 502 and 504 of the Housing Act of 1949, as amended, (42 U.S.C. 1472 and 1474).

The section 502 Direct Loan Program is implemented under 7 CFR 3550 and authorized by section 502 of the Housing Act of 1949, as amended, (42 U.S.C. 1472 and 1474). The purpose of the program is to assist low- and very low-income applicants who currently do not own adequate housing and cannot obtain other credit, the opportunity to acquire, build, rehabilitate, improve, or relocate dwellings in rural areas.

The section 504 Loan and Grant Program is implemented under 7 CFR 3550 and is authorized by section 504 of the Housing Act of 1949, as amended, (42 U.S.C. 1472 and 1474). This program offers loans to very low-income homeowners who cannot obtain other credit to repair or rehabilitate their properties. The section 504 program also offers grants to homeowners aged 62 or older who cannot obtain a loan to correct health and safety hazards or to make the unit accessible to household members with disabilities.

The section 502 Guaranteed Loan Program is implemented under 7 CFR 3555 and is authorized by section 502 of the Housing Act of 1949, as amended, (42 U.S.C. 1472 and 1474). The purpose of the program is to assist low- and moderate-income applicants the opportunity to acquire, build, rehabilitate, improve, or relocate dwellings in rural areas.

Consideration for expansion of manufactured housing options is being reviewed due to recent White House initiatives to deploy new financing mechanisms to build and preserve more housing where housing gaps exist. There is special emphasis on supporting production and availability of manufactured housing through improved loan rates and terms making this type of home ownership more attainable and affordable. RHS is proposing to reduce the regulatory burdens in 7 CFR parts 3550 and 3555 specifically related to manufactured housing requirements, enhance program delivery and customer service, promote consistency between the direct and guaranteed SFH loan programs where feasible, and reflect current housing market conditions and mortgage loan practices. A manufactured home is defined as a structure that is transportable in one or more sections on a permanent chassis, constructed for permanent occupancy, and placed on a permanent foundation.

RHS will continue to require all new and existing manufactured homes to be constructed and placed on a permanent foundation in accordance with the Federal Manufactured Home Construction and Safety Standards (FMHCSS), established by HUD and found in 24 CFR part 3280.

The Agency published a proposed rule on 8/16/2023 [88 FR 55601] in the Federal Register outlining these changes that support new financing mechanisms to build and preserve more housing where housing gaps exist. The public comment period ending on 10/16/2023. The proposed updates are expected to include clarifying language addressing the following issues: (1) the ability for borrowers under the direct and guaranteed loan programs to purchase existing manufactured homes constructed in conformance with standards and on or after a specified date; (2) the Agency’s consideration of a land-lease with an unexpired term that is at least two years longer than the mortgage term for new energy efficient manufactured and modular home financing in land-lease communities operating on a nonprofit basis; and (3) the need for Agency approval of manufactured housing dealers. These revisions are expected to allow the Agency to responsibly and effectively utilize funds appropriated by Congress through allowing borrowers more purchase options within a competitive market and thereby increasing the likelihood of finding adequate housing which increases program impact. 

7 CFR part 3550 sets forth the requirements of the direct SFH programs, authorized by sections 502 and 504 of the Housing Act of 1949, as amended (42 U.S.C. 1472 and 1474). The section 502 direct loan program provides 100 percent loan financing to assist low- and very low-income applicants obtain modest housing in eligible rural areas by providing payment assistance to increase an applicant’s repayment ability. The section 504 loan program provides one percent interest rate loans to very low-income homeowners in eligible rural areas to repair, improve, or modernize their home or to remove health and safety hazards. The section 504 grant program provides grants to elderly very low-income homeowners in eligible rural areas to remove health and safety hazards, or accessibility barriers from their home, often in conjunction with a section 504 loan.

The Agency published a proposed rule on 11/20/2023 [88 FR 80641]. The public comment period ended on 1/19/2024. The proposed changes under consideration is part of the SFH Program’s effort to improve customer service for its borrowers by: creating a more efficient application process; promote consistency between the direct and guaranteed SFH loan programs where feasible; and review current housing market conditions and mortgage loan practices.  The agency intends to review SFH Program procedures and regulations to potentially identify and revise unnecessary and outdated regulations, as well as simplify other policies and procedures that may impose burdensome requirements on borrowers and applicants.

On December 29, 2022, the President signed into law the Consolidated Appropriation Act, 2023 (Pub. L 117-328), which incorporated The Public and Federally Assisted Housing Fire Safety Act of 2022. This new law requires each unit of federally assisted housing to contain hardwired or 10-year non-rechargeable, sealed, tamper-resistant battery-powered smoke alarm devices, as well as other items. To comply with the new statutory requirements, the Rural Housing Service (RHS) will amend 7 CFR 3560.103(a)(3)(xx) and 7 CFR 3560.60 to implement the changes related to smoke alarm requirements for the MFH Direct Loan and Grant programs. The changes to 7 CFR 3560 subparts B and C are intended to align the Agency’s smoke alarm requirements with the new qualified smoke alarm standards under the Public and Federally Assisted Housing Fire Safety Act of 2022.

The Agency published a proposed rule on 1/8/2024 [89 FR 892] with the public comment period ending on 3/8/2024. The Agency expects this final rule to increase the safety of residents and visitors, as well as strengthen measures for the protection of the asset value used to secure the Agency’s section 515 and section 514/516 program loans. Housing repair and replacement costs in the affordable housing industry have been increasing at a steady rate due to economic changes in the open market for labor and materials. Agency stakeholders will benefit from an improved customer experience through improved safety and prevention of potential damage resulting from smoke and fire. 

The Rural Housing Service (RHS) intends to issue a proposed rule to make the following changes to 7 CFR 3555:

(1)  Amend the current regulation for 7 CFR 3555.151(i)(3)(iv) to add a seven-year timeframe when a prior Agency loss is considered significant derogatory credit. The Agency believes the proposed timeframe is reasonable to allow former borrowers the opportunity to create a better financial situation for themselves and their family by re-establishing credit and providing evidence of acceptable payment histories.

(2)  Amend 7 CFR 3555.101(d)(3)(i)(A), (B), and (C) to clarify the streamlined and non-streamlined refinanced loan options do not have a 12-month seasoning requirement, to change the current 12 month seasoning requirement for streamlined-assist refinance loans to a six month seasoning period, and specify the borrower must have no delinquencies greater than 30 days on the mortgage account being refinanced for 180 days prior to loan application.  The intent of the proposed change would allow borrowers to refinance their current, eligible Rural Development loan when it is most beneficial for the borrower to do so.  Limiting the borrower to a 12-month time frame to refinance their current USDA mortgage debt may be detrimental when the economic environment may be favorable to refinance the debt now.  By lowering the mortgage payment for the borrower, it would put them in a better financial situation, allowing the borrower additional financial resources to save or spend on improvements to their home.

(3) Amend 7 CFR 3555.101(d)(3)(iii) to clarify the streamlined, non-streamlined, and streamlined-assist refinance loans must all maintain the current mortgage account for the 180 days prior to loan application. However, if the streamlined and non-streamlined mortgage accounts have not been opened for 180 days prior to loan application, no defaults must have occurred since the mortgage account was opened. The changes are intended to align the Agency with similar federal agencies’ refinance seasoning requirements.  It would also allow our current applicants to take advantage of favorable economic markets to refinance their homes.

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 changes are expected to streamline and update code references and application, better external communications to apprise borrowers of the improved product of current standards for construction including energy efficiency and resilience to natural disasters such as provide greater protection against the effects of natural disasters and hazards by implementing greater energy efficiencies, addressing indoor air quality issues, and result in stronger, safer, healthier housing and other building structures.

The Rural Housing Service (RHS) published a final rule on August 15, 2024 [89 FR 66189] with an effective date of 2/11/2025. The final rule amends 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 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 home ownership. The changes to the regulation are expected to benefit borrowers by offering a less cumbersome option to eliminate documentation and eligibility challenges for borrowers who do not require payment reduction and provide lenders more flexibility in their servicing options while reducing program risk of the guaranteed loan portfolio.

Previously, the Agency published a proposed rule on January 27, 2023 (88 FR 5275) to amend the current regulation for the Single-Family Housing Guaranteed Loan Program (SFHGLP) regulations found in 7 CFR part 3555.  A 60-day comment period was provided for the proposed rule, which closed on March 28, 2023. RHS received comments from 12 respondents, of which four of the comments were misinterpretations of the rule or not applicable to the contents of the rule. Six of the responses were from individuals, one was a duplicate response, one identified as being a mortgage lender, and the remaining four comments were from organizations that represent various facets of the real estate finance industry.

The Off-Farm Labor Housing (Off-FLH) Grant program assists qualified applicants who cannot obtain commercial credit on terms that will allow them to charge rents that are affordable to low-income tenants. Borrowers must have sufficient qualifications and experience to develop and operate the project by providing affordable financing to develop housing for year-round and migrant or seasonal domestic farm laborers. The objectives of the Off-FLHLGP are to increase: (1) the supply of affordable housing for farm labor; and (2) the ability of communities to attract farm laborers by providing affordable, decent, safe, and sanitary housing.

The Agency published a proposed rule on 9/12/2023 [88 FR 62475] with a public comment period that ended on 11/13/2023.  The Agency intends is to update 7 CFR 3560.566 by adopting the period of performance requirements found in 2 CFR 200 in the final rule.  As required under 2 CFR part 200, the Agency must include the term for the period of performance of the Federal award that has been given in the grant agreement. Therefore, the term of the grant agreement, under the proposed changes in this proposed rulemaking are intended to include a fixed period of time in 7 CFR 3560.566(c). 

The changes are expected to enhance customer experience by clarifying for applicants and grantees their understanding of their obligations and requirements as a federal award recipient.

The Natural Resources Conservation Service must revise its existing regulation, published in 1979, to incorporate the Federal Flood Risk Management Standard and to make other changes to align with current authorities. This rule provides for the standard of flood resiliency and floodplain management required by Executive Order 13690. It also gives the flexibility for NRCS to apply a floodplain definition that is case-specific, considering local requirements, the voluntary nature of NRCS programs, definitions used by partnering entities, and the geographic setting. The rule’s objective is to ensure transparency in how NRCS will provide technical and financial assistance in floodplains consistent with Executive Order 13690.

In August 2020, USDA issued a final rule for the Highly Erodible Land and Wetland Conservation provisions of the Food Security Act of 1985, as amended. The final rule made permanent many of the changes USDA had published in an interim rule, with request for comments, on December 7, 2018, to clarify how USDA delineates, determines, and certifies wetlands located on subject land in a manner sufficient for making determinations of ineligibility for certain USDA program benefits. On February 22, 2024, the United States District Court for the District of Columbia determined that the 2020 rulemaking did not comply with the Administrative Procedure Act. This rule would address the deficiencies noted in that opinion.

The Natural Resources Conservation Service is reviewing existing environmental compliance provisions.  Changes will be proposed to revise the environmental compliance regulations for compliance with the National Environmental Policy Act and the Council on Environmental Quality’s guidance and regulations (for example, environmental justice).

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

The Natural Resource Conservation Service (NRCS) amended its regulations for watershed projects to allow Indian Tribes or Tribal organizations to sponsor needed watershed projects for their areas.  Tribes or Tribal organizations do not always have eminent domain authority, which previously had been one of the requirements to be a watershed project sponsor.  This rule change provides an option to allow Tribes or Tribal organizations to become watershed project sponsors.  Being a sponsor of a watershed project is voluntary.  The regulatory change was made in response to requests to NRCS from approximately 30 Indian Tribes or Tribal organizations for watershed projects in 9 states.

APHIS is seeking information on whether there are any circumstances under which small commercial passenger aircraft (those with 64 or fewer seats) can be considered to have lower sanitary and phytosanitary risk than larger commercial passenger aircraft under similar conditions, if those small aircraft merit reduced AQI user fees as a result of that lower risk, and whether the fee could be structured differently, along with evidence to support any alternate fee structures.

APHIS is proposing to revise its national Brucellosis eradication program so that State statuses would no longer be based on the prevalence of brucellosis within the State, but rather based on whether a State is consistent or inconsistent with regard to standards contained in a Program Standards document. 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. APHIS has engaged with Tribal nations regarding this action. Tribes were included in the State/Federal/Tribal working group that helped with the regulatory framework for the rule.  APHIS subsequently sent Tribes a letter informing them of the provisions of the proposed rule and conducted a Tribal webinar for interested tribal nations.

We are proposing a 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 action follows an advance notice of proposed rulemaking in which APHIS actively solicited feedback from niche and small producers on the possible changes to indemnity practices.

APHIS is proposing to strengthen the regulations regarding the handling of animals regulated under the Animal Welfare Act, as well as the training of personnel involved in the handling of animals. APHIS is also proposing to establish standards addressing environmental enhancement for all regulated animals; the current regulations regarding environmental enhancement are limited to addressing the needs of non-human primates, birds, and marine mammals. This action follows an advance notice of proposed rulemaking in which APHIS solicited feedback on the possible changes to handling, training, and environmental enhancement regulations contained in 9 CFR parts 2 and 3.

APHIS is proposing to create as an official program the United States Swine Health Improvement Plan (US SHIP) in title 9, Code of Federal Regulations. US SHIP will be a voluntary swine health improvement program that would operate similarly to the existing voluntary industry-State-Federal cooperative program National Poultry Improvement Plan (NPIP).

Several sections of APHIS’s import regulations specify that live birds and other avian commodities may not be exposed to highly pathogenic avian influenza (HPAI) or sourced from premises quarantined for HPAI within the 90 days immediately preceding export to the United States. We are proposing a notice-based process to propose to lower this period to a time period that aligns with World Organization for Animal Health standards for considering a region affected with HPAI following an outbreak. We would propose this reduction for foreign regions that we have evaluated and determined merit such a reduction.

We are proposing to amend the regulations that govern the importation of aquatic animal species  into the United States by adding restrictions on the importation of aquatic animal species susceptible to Tilapia Lake Virus from all countries. We are also proposing to move import requirements that are specific to different regulated aquatic animal species to the Aquatic Animal Import Program Handbook.

We are proposing to codify a Federal Order which placed restrictions on the movement of swine and pork products from Puerto Rico and the U.S. Virgin Islands to the mainland United States.

In accordance with the Agricultural Bioterrorism Protection Act of 2002, we are amending and republishing the list of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. The Act requires the biennial review and republication of the list of select agents and toxins and the revision of the list as necessary. This action implements findings of the biennial review of the lists. On April 8, 2022, APHIS sent tribal nations a letter outlining the provisions of the proposed rule and soliciting their feedback. On May 5, 2022, the Sac and Fox Tribe of the Mississippi in Iowa submitted a response expressing concerns regarding whether possible  Brucella abortus  delisting would materially adversely impact APHIS' domestic quarantine program for the control and eradication of brucellosis in cattle and bison. In response, APHIS clarified that the two issues were distinct, and no adverse operational impacts were anticipated. On June 6, 2022, the Tribe indicated that they had no further comments or concerns.

We are amending 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 removing 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.

This document amends the National Poultry Improvement Plan (NPIP) regulations at title 9, Code of Federal Regulations (9 CFR) parts 145, 146, and 147. The NPIP is a long-standing, voluntary industry-State-Federal cooperative program governed by a Federal Advisory Committee. Part 145 contains the regulations for breeding poultry NPIP participation and part 146 contains the regulations for commercial poultry NPIP participation. These parts address classification programs for certain diseases which allow APHIS to provide certification for poultry and poultry products being shipped interstate as well as internationally. Part 147, the auxiliary provisions, contains the procedures to make changes to the NPIP program. We are also revising the indemnity regulations governing low pathogenicity avian influenza (LPAI) in 9 CFR part 56.

On a biennial basis, the Committee votes on recommended changes to the NPIP regulations and related provisions (in this case, LPAI indemnity). We are revising the regulations based on the recommendations approved by voting delegates at the NPIP 2022 Biennial Conference.

The current HPAI indemnity regulations require producers above de minimis thresholds to have a biosecurity plan as a condition for indemnification. The Animal and Plant Health Inspection Service (APHIS) intends this interim rule to require a successful biosecurity audit for HPAI-infected premises intending to restock and for buffer zone (uninfected) premises that wish to request that poultry be moved onto the premises. Other changes are also being considered.

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 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. 

The U.S. Department of Agriculture (USDA) is amending 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 amending 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.

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 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.

This action has been canceled due to USDA signing an MOU with FDA that has made the need for future regulatory activity unnecessary.  

This action would propose amendments to address problems in fed cattle markets arising from the way that base prices for live cattle are currently determined under most long-term contracts.  AMS would propose to issue a regulation under the Packers and Stockyards Act (Act) (7 U.S.C. 181 to 229c) to improve price discovery and transparency in fed cattle markets and protect producers from unfair and deceptive practices, market manipulation, and being subject to the exercise of market power by regulated entities in the fed cattle markets.

Based on comments received from the September 2022 Advance Notice of Proposed Rulemaking and recommendations from the National Organic Standards Board (NOSB) in Fall 2024, this action would propose to replace outdated references in USDA's organic regulations to U.S. Environmental Protection Agency (EPA) policy on inert ingredients in pesticides.  Inerts, also identified as "other ingredients" on pesticide labels, are any substances other than the active ingredient that are intentionally added to pesticide products.  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.

Consistent with 7 CFR 66.7, AMS published a request for information (RFI) soliciting comments on new Bioengineered (BE) crops which have potentially reached the market, including dry edible beans, wheat, cowpea, golden rice, purple tomato, and plums. The RFI was published on March 28, 2024, with a 30-day comment period.  Comment analysis and research would determine which BE foods would be appropriate to add to the List of Bioengineered Foods (List) in the National Bioengineered Food Disclosure Standard.

The National List identifies the synthetic substances that may be used in organic crop and livestock production as well as the nonsynthetic (natural) substances that may not be used. It also identifies the nonorganic substances that may be used in or on processed organic products. Amendments to the National List included in this proposed rule are based on recommendations from the National Organic Standards Board (NOSB). The proposed rule seeks comment on the status of the following substances used in organic crop production: sodium nitrate, ammonia, and nitrogen fertilizers that have carbon-to-nitrogen ratio lower than three-to-one (3:1).

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.

In September 2022, the ruling from the U.S. District Court of Northern California in Natural Grocers, et al. v. Vilsack, et al. found that The Agricultural Marketing Service’s (AMS) action of offering a standalone text message disclosure option (7 CFR 66.108) as an additional and comparable option fell outside of the statutory authority of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et. seq.) and failed to address the problem of insufficient access to the bioengineered food disclosure through the electronic or digital link disclosure option.  The Judge also found that an additional and comparable disclosure option must be included when using the electronic or digital link disclosure option (7 CFR 66.106).  The Judge’s order remanded sections 66.106 and 108 to AMS without vacatur for further consideration.

In accordance with the Judge’s ruling, AMS proposes a rule for public comment that would amend the National Bioengineered Food Disclosure Standard to remove the standalone text message disclosure option found at 7 CFR 66.108 and to add language to the electronic or digital disclosure option found at 7 CFR 66.106, requiring an accompanying BE symbol or on-package text as defined in sections 66.104 and 66.102 when an electronic or digital link disclosure is made.

The National List identifies the synthetic substances that may be used in organic crop and livestock production as well as the nonsynthetic (natural) substances that may not be used. It also identifies the nonorganic substances that may be used in or on processed organic products. Amendments to the National List included in this proposed rule are based on recommendations from the National Organic Standards Board (NOSB).

AMS plans to publish a Notice of Proposed Rulemaking to establish the Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Program, which is authorized by provisions in the Growing Climate Solutions Act.  This action would propose language on i.) options for interpreting and applying criteria used to evaluate protocols that are designed to ensure consistency, reliability, effectiveness, efficiency, and transparency; ii.) qualifications needed by covered entities who provide technical assistance to farmers, ranchers, or private forest landowners; and iii.) qualifications needed by covered entities who serve as third-parties who conduct verification of processes described in protocols for voluntary environmental credit markets. Additionally, the proposed rule would also include provisions on registration, compliance, and appeals. This information would be used in preparation of a final rule.  Ultimately, this program will facilitate farmer, rancher, and private forest landowner participation in voluntary carbon markets.

The proposed Olive Oil Promotion, Research, and Information Order (Order) would establish an effective and coordinated program of research, promotion, and information for the olive oil industry.  Currently, no organization in the olive oil industry has the resources to develop and disseminate the information and marketing promotions needed to increase awareness and to counter inaccurate or misleading information about olive oil among U.S. consumers, health and culinary professionals, and the media.  Under the proposed Order, domestic first handlers and importers who handle or import over 5,000 gallons annually of olive oil would pay $0.08 per gallon.  It is estimated that the program would collect more than $8 million annually in assessments to carry out the program. 

This action would revise regulations pertaining to the Packers and Stockyards Act (Act).  Revisions would clarify USDA’s position regarding section 202(a) of the Act, to protect producer welfare and advance fair-trade practices in the meat and poultry industries and affirming that proof of harm to competition is not necessary to find that certain conduct or actions violate that section.  Revisions would confirm that deceptive, unfair, unjust, undue, and unreasonable actions may be violations of the Act, regardless of whether there is harm or likely harm to competition. 

This action would establish 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 would conduct research, marketing, and promotion activities that will benefit the entire industry. Primary goals of the program would 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 the proposed rule would only be attainable through a national research and promotion program for natural grass sod.

This action would amend the USDA organic regulations to clarify production and handling requirements for a) organic pet food standards and b) organic mushrooms. Specific standards for these products do not currently exist. Instead, these products are currently certified organic to the standards for similar products like those for human consumption (pet food) or for crops (mushrooms). This action proposes to add specific standards for these products to respond to recommendations from the National Organic Standards Board and stakeholder comments received during the National Organic Program's March 2022 public listening session. AMS expects the changes would increase regulatory certainty for these markets that would, in turn, support these and related (ingredient/input) markets. 

This action would amend regulations to address certain problematic practices related to poultry grower payment systems and capital improvement programs such as: payment disparities and reductions that are unconnected to commoditized flock performance, and transparency concerns related to additional capital investments in poultry production facilities and equipment.

This rulemaking would modernize and increase efficiency of the current butterfat testing process offered as part of Grading Services by creating a butterfat test recordkeeping requirement for dairy product manufacturing plants and eliminate redundant USDA testing.  Currently, plants conduct regular tests to ensure compliance with composition standards and a USDA inspector conducts another test at the time of inspection.  Requiring records of the plant butterfat tests to be made available during a USDA inspection would reduce an additional test and allow USDA to ensure more consistent butterfat composition since there would be multiple test records to review.

This action would revise FY2024 fees for grain inspection and weighing services provided by the Agricultural Marketing Service’s (AMS) Federal Grain Inspection Service (FGIS).  This action would also implement a revised formula to adjust inspection and weighing fees, annually, which will limit large swings in fees and ensure a sufficient reserve balance going forward.  The new formula would be similar to the standardized formula used in other user-fee AMS grading programs.  The formula would specify rates be based on the actual cost and workload data of the previous fiscal year(s) or accounting period(s) used by the program.  Based on the analysis and using the formula, FGIS would determine the fees necessary to sustain program services.  This would increase predictability and provide information for planning purposes for the grain industry.

This action would propose the establishment a standardized formula to annually adjust fees for grain inspection and weighing services provided by the Agricultural Marketing Service’s (AMS) Federal Grain Inspection Service (FGIS). The use of a formula would limit large swings in fees and ensure a sufficient reserve balance going forward.  The new formula would be similar to the standardized formula used in other user-fee AMS grading programs. The formula would specify rates be based on the actual cost and workload data of the previous fiscal year(s) or accounting period(s) used by the program.  Based on the analysis and using the formula, FGIS would determine the fees necessary to sustain program services. This would increase predictability and provide information for planning purposes for the grain industry.

This action would establish standards for organic production and certification of farmed aquatic animals and their products in the USDA organic regulations. This action would also add aquatic animals as a scope of certification and accreditation under the National Organic Program (NOP).

This action 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.

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) intends to establish new requirements for the labeling of meat or poultry food products intended for human consumption that are made using animal cell-culture technology. FSIS is currently considering all comments submitted on the proposed rule to inform any agency final action.

The Food Safety and Inspection Service (FSIS) is proposing to amend its labeling requirements for processed meat and poultry products to establish a new definition for "Cured." 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 consolidate 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.

FSIS is proposing to remove requirements for the incision of mandibular lymph nodes (lymph nodes) and the palpation of viscera in swine slaughter establishments. Specifically, FSIS is proposing to amend its regulations at 9 CFR 310.26(b) to remove requirements for lymph nodes incision and viscera palpation in swine slaughter establishments operating under the New Swine Slaughter Inspection System (NSIS). FSIS is also proposing to amend the post-mortem inspection staffing standards in 9 CFR 310.1 to state that the listed number of inspectors per station (i.e., the head, viscera, and carcass stations) is the maximum number of inspectors required by the staffing standards. Science and inspection data support that mandatory lymph nodes incision and viscera palpation during post-mortem swine slaughter inspection is no longer needed for food safety because condemnation rates for defects found at head and viscera inspection are low and condemnable defects can be detected visually.

Consistent with the changes that the Food and Drug Administration (FDA) finalized, the Food Safety and Inspection Service (FSIS) is amending the Federal meat and poultry products inspection regulations to update and revise the nutrition labeling requirements for meat and poultry products to reflect recent scientific research and dietary recommendations and to improve the presentation of nutrition information to assist consumers in maintaining healthy dietary practices.

The Food Safety and Inspection Service is amending the Federal meat, poultry, and egg product inspection 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. FSIS will not require establishments without Internet access to purchase the services or to upgrade services that are not sufficient for FSIS’ use.

FSIS proposed to establish a new regulatory framework targeted at reducing Salmonella illnesses associated with poultry products. First, FSIS proposed final product standards that would define whether certain raw poultry products contaminated with certain Salmonella levels and serotypes are adulterated and thus prohibited from entering commerce. FSIS also proposed to revise the regulations that require that all poultry slaughter establishments develop, implement, and maintain written procedures to prevent contamination by enteric pathogens throughout the entire slaughter and dressing operation, by establishing new requirements pertaining to how establishments monitor and document whether their processes for preventing microbial contamination are in control. The proposal also focused on a non-regulatory approach for controlling Salmonella on incoming flocks. FSIS is currently considering all comments submitted on the proposed rule to inform any agency final action.

FSIS proposed amendments to its regulations at 9 CFR parts 303, 381, and 590 to specify that if data generated under waivers from any provisions of the regulations support regulatory changes, the waivers will be in effect until the rulemaking process is complete and the new regulatory requirements take effect (i.e., the compliance date of the final rule).If the data generated do not support regulatory changes, the waivers will be terminated. Currently, the waiver authorization regulations provide for FSIS to waive regulatory requirements for limited periods but do not specify the time for which a waiver may remain in place after it has been granted. FSIS also proposed amendments to its regulations at 9 CFR parts 303, 381, and 590 to clarify that waivers may be granted to permit experimentation with not only new procedures, equipment, and processing techniques, but also new applications of existing procedures, equipment, and processing techniques. Finally, FSIS proposed a few minor changes to the regulatory text at 9 CFR parts 303, 381, and 590 to make these subsections consistent across the meat, poultry, and egg products inspection regulations. FSIS is currently considering all comments submitted on the proposed rule to inform any agency final action.

The Food Safety and Inspection Service (FSIS), in coordination with the U.S. Food and Drug Administration (FDA), is proposing to establish general principles that would be the first step in modernizing and updating the framework for food standards (including standards of identity, standards of quality, and standards of fill of containers). FDA and FSIS jointly issued a proposed rule in 2005 proposing such general principles. FDA reopened the comment period in 2020 because of the time that has elapsed since the publication of the proposed rule during which time there have been additional technological advances and other changes in the food industry that could help inform the development of a modernized food standards framework. Many of the comments submitted in response to the reopening suggested that the general principles be revised and consolidated to make the principles easier to understand and implement. As a result, FSIS and FDA decided to withdraw the 2005 proposed rule. FSIS and FDA intend to publish a new proposed rule.

This proposed rule will amend 7 CFR parts 210 and 220 to codify amendments made by section 116 of the Child Nutrition and WIC Reauthorization Act of 2004 (Pub. L. 108-265) amending section 13(a) of the Richard B. Russell National School Lunch Act (NSLA) to authorize a Seamless Summer Option (SSO) for public or private nonprofit school food authorities to participate in the National School Lunch Program (NSLP) and School Breakfast Program (SBP).

Pursuant to changes in the Agricultural Act of 2014, this proposed rule will amend the SNAP regulations by requiring State agencies to submit annual Restaurant Meal Program (RMP) operations plans and reports. It is a goal of the legislation and FNS that State agency operators of the RMP regularly assess programs against need; determine if it is effective at meeting the needs of the elderly, disabled, and homeless; monitor the RMP for possible fraud and abuse; and justify the continued operation of the program. Additionally, pursuant to changes in the Agricultural Act of 2014 at section 4012, SNAP benefits are now allowed to be accepted by agricultural producers who market directly to consumers in advance of food delivery. This proposed rule will codify statutory language that allows SNAP recipients to use their benefits to purchase shares of food from Community Supported Agriculture programs operated by agricultural producers, as well as nonprofit food buying cooperatives. 

Stakeholders include States who operate or are interested in operating state-option restaurant meals programs for the impacted community which includes elderly, disabled, and homeless SNAP participants unable to prepare meals.  Stakeholder engagement for section 4012 includes agricultural producers and non-profit cooperatives that accept SNAP payment in advance of delivery for agriculturally produced items; this same community (agricultural producers and non-profit cooperatives offering products through the community supported agriculture model) and SNAP participants, are impacted by the rule. Engagement includes on-going technical assistance and feedback occurring as States stand up restaurant meals programs for the target population, and regularly occurring listening sessions and other interactions with the agricultural community associated with their SNAP participation.

This proposed rule implements Division HH, Title IV, section 501(a)(2) of the Consolidated Appropriations Act, 2023. Under section 501(a)(2), the Department of Agriculture, Food and Nutrition Service (FNS) is instructed to promulgate regulations through the notice and comment process that require State agencies to implement new card security measures to protect against card skimming, card cloning, and other similar fraudulent means. In 2023, FNS hosted 16 roundtable sessions with stakeholders and discussed the current and future states for EBT operations, with a focus on adding a micro-processing chip to an EBT card. Attendees included State agencies, EBT processors, retailers, advocates, and financial payment processors. FNS anticipates this rule having a substantial impact on State agencies, EBT processors, and retailers, because they will largely be responsible for the development and implementation of new security measures.  Stakeholders agreed that the benefits of a more secure payment transaction outweigh the work needed to implement the change. Stakeholders said that chip card implementation should be implemented as soon as feasible, through an intentional and strategic national initiative that is sustainable over time. FNS continues to engage with these partners with additional weekly listening sessions facilitated through the EBT Card Industry Forum.

This proposed rule would amend SNAP regulations by requiring that the application must contain a nondiscrimination statement that assures the State agency is prohibited from discriminating on the basis of race, color, national origin, sex (including sexual orientation and gender identity), religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity. The proposed rule would also remove other prescribed text including outdated administrative language and replace it with text directing State agencies to comply with current USDA requirements for the complete nondiscrimination statement. Currently, SNAP regulations at 7 CFR 273.2(b)(1)(viii) refer to a specific nondiscrimination statement, which is outdated. This change is aimed to ensure nondiscrimination statements are consistent across SNAP and in alignment with USDA requirements.

The proposed rule would update the price-of-food adjustment used to calculate the cost of the Thrifty Food Plan (TFP) for Hawaii in 7 CFR 273.10(e)(4) from an adjustment for the price of food in Honolulu to an adjustment for the price of food in the State of Hawaii. The proposed revisions would better align with the Food and Nutrition Act of 2008 (7 U.S.C. 2012(u)), which calls for the TFP to be adjusted for the cost of food in Hawaii and would enable the Department to use data that better reflects food prices throughout the State of Hawaii rather than data from Honolulu alone.

The purpose of this rulemaking is to propose formally incorporating the FNS Handbook 310 by reference into SNAP regulations. The FNS Handbook 310 is the SNAP quality control (QC) reviewer’s procedure manual for reviewing QC cases, which reviewers are required to use to conduct reviews, per 7 CFR 275.14(b). The rule also proposes to reorganize 7 CFR 275.14(b) to include two subparagraphs that will break out the FNS Handbook 310 and the statistical handbook used in QC.

This final rule will revise Supplemental Nutrition Assistance Program (SNAP) regulations for various Quality Control (QC) provisions in subpart C of 7 CFR part 275 to reflect numerous changes to the SNAP Quality Control system. The final provisions are based on instruction in the Agriculture Improvement Act of 2018 that gives the Secretary discretion on how to implement Congress’ request to improve the integrity and data quality of information collected in the QC process and in part on comments received to a Request for Information (RFI) published on June 1, 2018. This final rule is informed by comments received during the public comment period.

This rule updates the Child and Adult Care Food Program (CACFP) serious deficiency (SD) process and establishes SD processes for unaffiliated centers and the Summer Food Service Program (SFSP). Section 322 of the Healthy, Hunger-Free Kids Act of 2010 amended section 13 of the Richard B. Russell National School Lunch Act, 42 USC 1761 and 1766, to require the Secretary to establish procedures for the termination and disqualification of organizations participating in the SFSP. In 2016, USDA solicited public comments on a serious deficiency provision contained in USDA’s Child Nutrition Program Integrity proposed rule. In 2019, USDA sought additional input through a formal Request for Information (RFI - The Serious Deficiency Process in the Child and Adult Care Food Program) specific to the serious deficiency process. The comments submitted by state agency officials, program operators, and program sponsors in response to these solicitations was critical to the development of this rule. For example, commenters described being declared seriously deficient for issues arising from human error. The proposed rule codifies an analysis process to identify when program violations rise to the level of serious deficiencies.

These are the stakeholders that will be most significantly affected by the rule’s proposed reforms. USDA also held a consultation with Tribal leaders on May 23, 2023, to inform on the development of this rule. The proposed rule was published on February 21, 2024. Upon publication of the proposed rule in February 2024, USDA encouraged all partners and the general public to submit feedback through the formal rulemaking process. USDA’s efforts included posting a comprehensive outline and summary of the proposed rule’s provisions on USDA’s website and hosting a national webinar for states and sponsoring organizations (both in February); participating in a national webinar hosted by the National CACFP Sponsors Association (NCA) and presenting to state agencies at the School Nutrition Association’s Legislative Action conference (both in March); attending and presenting at NCA’s National Child Nutrition Conference (in April); and presenting at the June 2024 National Anti-Hunger Policy Conference sponsored by the Food Research & Action Center in cooperation with the National CACFP Forum.

This "final rule with comment" addresses key regulatory barriers to online ordering in the WIC Program by making changes to the provisions that prevent online transactions and types of online capable stores from participating in the Program. This rule will also allow FNS to modernize WIC vendor regulations that do not reflect current technology and facilitate the Program’s transition to Electronic Benefit Transfer (EBT).  To inform the development of the proposed rule, FNS reviewed materials developed by a variety of WIC external partners, including WIC providers, vendors, manufacturers, EBT processors, advocacy organizations, and WIC participants, as well as a report issued by a task force convened by USDA and comprised of 18 organizations from multiple sectors to ensure a diverse range of input. FNS has considered public comments received during the proposed rulemaking stage in development of this final rule. 

Revisions to CSFP regulations (7 CFR 247) will focus on increasing access to the program for low-income seniors in need of program benefits. Revisions to USDA Foods disaster response regulations (7 CFR 250) will focus on clarifying the requirements for the use of USDA Foods in disaster situations.  Revisions to TEFAP regulations (7 CFR 251) will focus on improving access to the program by simplifying requirements for State and local program operators.  Revisions to FDPIR program regulations (7 CFR 253) will focus on aligning FDPIR eligibility requirements and improving parity with the Supplemental Nutrition Assistance Program (SNAP).  Additionally, this rulemaking will make technical corrections throughout program regulations. Conforming revisions will be made to 7 CFR 254. 

This interim final rule implements Division HH, Title IV, section 501(a)(3) of the Consolidated Appropriations Act, 2023. Under section 501(a)(3), the Department of Agriculture, Food and Nutrition Service (FNS) is instructed to promulgate regulations that require State agencies to implement procedures for the replacement of Supplemental Nutrition Assistance Program (SNAP) benefits stolen through card skimming, card cloning, and other fraudulent means. On January 9, 2023, FNS held a call with all SNAP State agencies about the requirement for States to replace stolen benefits with Federal funds. FNS received comments and questions from State agencies, which informed FNS’ guidance (Replacement of SNAP Benefits in the Consolidated Appropriations Act of 2023) on the subject, which was released on January 31, 2023. FNS has also had ongoing dialogue with States over the past several months in the course of development of State Plans to implement the provisions of the January 31 guidance. That State feedback will inform the interim final rule.