[No title available]
Federal RegisterDec 20, 2010
Ask Donna
What actually matters in this document.
Text
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Wholesale Pork Reporting Program 0581-AD07 Proposed Rule
Stage
2 National Dairy Promotion and Research Program; Dairy Import Assessments, DA-08-0050 0581-AC87 Final Rule Stage
3 Animal Welfare; Regulations and Standards for Birds 0579-AC02 Proposed Rule
Stage
4 Plant Pest Regulations; Update of General Provisions 0579-AC98 Proposed Rule
Stage
5 Importation of Live Dogs 0579-AD23 Proposed Rule
Stage
6 Animal Disease Traceability 0579-AD24 Proposed Rule
Stage
7 Importation of Plants for Planting; Establishing a New Category of Plants for Planting Not 0579-AC03 Final Rule Stage
Authorized for Importation Pending Pest Risk Analysis
8 Multi-Family Housing (MFH) Reinvention 0575-AC13 Final Rule Stage
9 Enforcement of the Packers and Stockyards Act 0580-AB07 Final Rule Stage
10 Eligibility, Certification, and Employment and Training Provisions of the Food, Conservation, and 0584-AD87 Proposed Rule
Energy Act of 2008 Stage
11 Supplemental Nutrition Assistance Program: Farm Bill of 2008 Retailer Sanctions 0584-AD88 Proposed Rule
Stage
12 Fresh Fruit and Vegetable Program 0584-AD96 Proposed Rule
Stage
13 Child and Adult Care Food Program: Improving Management and Program Integrity 0584-AC24 Final Rule Stage
14 Direct Certification of Children in Food Stamp Households and Certification of Homeless, Migrant, 0584-AD60 Final Rule Stage
and Runaway Children for Free Meals in the NSLP, SBP, and SMP
15 Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revisions in the WIC 0584-AD77 Final Rule Stage
Food Packages
16 Egg Products Inspection Regulations 0583-AC58 Proposed Rule
Stage
17 New Poultry Slaughter Inspection 0583-AD32 Proposed Rule
Stage
18 Mandatory Inspection of Catfish and Catfish Products 0583-AD36 Proposed Rule
Stage
19 Electronic Imported Product Inspection Applications; Electronic Foreign Imported Product and 0583-AD39 Proposed Rule
Foreign Establishment Certifications; Deletion of Streamlined Inspection Procedures for Canadian Stage
Product
20 Electronic Export Application and Certification as a Reimbursable Service and Flexibility in the 0583-AD41 Proposed Rule
Requirements for Official Export Inspection Marks, Devices, and Certificates Stage
21 Performance Standards for the Production of Processed Meat and Poultry Products; Control of 0583-AC46 Final Rule Stage
Listeria Monocytogenes in Ready-To-Eat Meat and Poultry Products
22 Nutrition Labeling of Single-Ingredient Products and Ground or Chopped Meat and Poultry Products 0583-AC60 Final Rule Stage
23 Notification, Documentation, and Recordkeeping Requirements for Inspected Establishments 0583-AD34 Final Rule Stage
24 Federal-State Interstate Shipment Cooperative Inspection Program 0583-AD37 Final Rule Stage
25 Value-Added Producer Grant Program 0570-AA79 Final Rule Stage
26 Rural Broadband Access Loans and Loan Guarantees 0572-AC06 Final Rule Stage
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF COMMERCE
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
27 Designation of Critical Habitat for the North Atlantic Right Whale 0648-AY54 Proposed Rule
Stage
28 Certification of Nations Whose Fishing Vessels Are Engaged in Illegal, Unreported, and Unregulated 0648-AV51 Final Rule Stage
Fishing or Bycatch of Protected Living Marine Resources
[[Page 79460]]
29 Critical Habitat Designation for Cook Inlet Beluga Whale Under the Endangered Species Act 0648-AX50 Final Rule Stage
30 Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Amendments 20 and 21; Trawl 0648-AY68 Final Rule Stage
Rationalization Program
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF DEFENSE
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
31 Voluntary Education Programs 0790-AI50 Final Rule Stage
32 TRICARE; Reimbursement of Sole Community Hospitals 0720-AB41 Proposed Rule
Stage
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF EDUCATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
33 Title IV of the Higher Education Act of 1965, as Amended 1840-AD05 Proposed Rule
Stage
34 Program Integrity: Gainful Employment--Measures 1840-AD06 Final Rule Stage
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF ENERGY
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
35 Energy Efficiency Standards for Clothes Dryers and Room Air Conditioners 1904-AA89 Proposed Rule
Stage
36 Energy Efficiency Standards for Residential Central Air Conditioners and Heat Pumps 1904-AB47 Proposed Rule
Stage
37 Energy Efficiency Standards for Fluorescent Lamp Ballasts 1904-AB50 Proposed Rule
Stage
38 Energy Efficiency Standards for Residential Furnaces 1904-AC06 Proposed Rule
Stage
39 Energy Efficiency Standards for Manufactured Housing 1904-AC11 Proposed Rule
Stage
40 Energy Efficiency Standards for Residential Refrigerators, Refrigerator-Freezers, and Freezers 1904-AB79 Final Rule Stage
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
41 Modifications to the HIPAA Privacy, Security, and Enforcement Rules Under the Health Information 0991-AB57 Final Rule Stage
Technology for Economic and Clinical Health Act
42 Transparency Reporting 0950-AA07 Proposed Rule
Stage
43 Rate Review 0950-AA03 Final Rule Stage
44 Uniform Explanation of Benefits, Coverage Facts, and Standardized Definitions 0950-AA08 Final Rule Stage
45 Electronic Submission of Data From Studies Evaluating Human Drugs and Biologics 0910-AC52 Proposed Rule
Stage
46 Unique Device Identification 0910-AG31 Proposed Rule
Stage
47 Cigarette Warning Label Statements 0910-AG41 Proposed Rule
Stage
[[Page 79461]]
48 Food Labeling: Nutrition Labeling for Food Sold in Vending Machines 0910-AG56 Proposed Rule
Stage
49 Food Labeling: Nutrition Labeling of Standard Menu Items in Chain Restaurants 0910-AG57 Proposed Rule
Stage
50 Infant Formula: Current Good Manufacturing Practices; Quality Control Procedures; Notification 0910-AF27 Final Rule Stage
Requirements; Records and Reports; and Quality Factors
51 Medical Device Reporting; Electronic Submission Requirements 0910-AF86 Final Rule Stage
52 Electronic Registration and Listing for Devices 0910-AF88 Final Rule Stage
53 Requirements for Long-Term Care Facilities: Notification of Facility Closure (CMS-3230-IFC) 0938-AQ09 Proposed Rule
Stage
54 Medicare Shared Savings Program: Accountable Care Organizations (CMS-1345-P) 0938-AQ22 Proposed Rule
Stage
55 Proposed Changes to the Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and 0938-AQ24 Proposed Rule
FY 2012 Rates and to the Long-Term Care Hospital PPS and RY 2012 Rates (CMS-1518-P) Stage
56 Revisions to Payment Policies Under the Physician Fee Schedule and Part B for CY 2012 (CMS-1524-P) 0938-AQ25 Proposed Rule
Stage
57 Changes to the Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center 0938-AQ26 Proposed Rule
Payment System for CY 2012 (CMS-1525-P) Stage
58 Civil Money Penalties for Nursing Homes (CMS-2435-F) 0938-AQ02 Final Rule Stage
59 Designation Renewal of Head Start Grantees 0970-AC44 Proposed Rule
Stage
60 Community Living Assistance Services and Supports Enrollment and Eligibility Rules Under the 0985-AA07 Proposed Rule
Affordable Care Act Stage
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
61 Secure Handling of Ammonium Nitrate Program 1601-AA52 Proposed Rule
Stage
62 Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of 1601-AA34 Final Rule Stage
Departure; United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT)
63 Asylum and Withholding Definitions 1615-AA41 Proposed Rule
Stage
64 Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Aliens Subject 1615-AB71 Proposed Rule
to Numerical Limitations Stage
65 Exception to the Persecution Bar for Asylum, Refugee, and Temporary Protected Status, and 1615-AB89 Proposed Rule
Withholding of Removal Stage
66 New Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for T 1615-AA59 Final Rule Stage
Nonimmigrant Status
67 Adjustment of Status to Lawful Permanent Resident for Aliens in T and U Nonimmigrant Status 1615-AA60 Final Rule Stage
68 New Classification for Victims of Criminal Activity; Eligibility for the ``U'' Nonimmigrant Status 1615-AA67 Final Rule Stage
69 E-2 Nonimmigrant Status for Aliens in the Commonwealth of the Northern Mariana Islands With Long- 1615-AB75 Final Rule Stage
Term Investor Status
70 Commonwealth of the Northern Mariana Islands Transitional Worker Classification 1615-AB76 Final Rule Stage
71 Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands 1615-AB77 Final Rule Stage
72 Outer Continental Shelf Activities 1625-AA18 Proposed Rule
Stage
[[Page 79462]]
73 Inspection of Towing Vessels 1625-AB06 Proposed Rule
Stage
74 Assessment Framework and Organizational Restatement Regarding Preemption for Certain Regulations 1625-AB32 Proposed Rule
Issued by the Coast Guard Stage
75 Updates to Maritime Security 1625-AB38 Proposed Rule
Stage
76 Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters 1625-AA32 Final Rule Stage
77 Importer Security Filing and Additional Carrier Requirements 1651-AA70 Final Rule Stage
78 Changes to the Visa Waiver Program To Implement the Electronic System for Travel Authorization 1651-AA72 Final Rule Stage
(ESTA) Program
79 Establishment of Global Entry Program 1651-AA73 Final Rule Stage
80 Implementation of the Guam-CNMI Visa Waiver Program 1651-AA77 Final Rule Stage
81 Large Aircraft Security Program, Other Aircraft Operator Security Program, and Airport Operator 1652-AA53 Proposed Rule
Security Program Stage
82 Public Transportation and Passenger Railroads--Security Training of Employees 1652-AA55 Proposed Rule
Stage
83 Freight Railroads--Security Training of Employees 1652-AA57 Proposed Rule
Stage
84 Over-the-Road Buses--Security Training of Employees 1652-AA59 Proposed Rule
Stage
85 Aircraft Repair Station Security 1652-AA38 Final Rule Stage
86 Air Cargo Screening 1652-AA64 Final Rule Stage
87 Continued Detention of Aliens Subject to Final Orders of Removal 1653-AA60 Proposed Rule
Stage
88 Continued Detention of Aliens Subject to Final Orders of Removal 1653-AA13 Final Rule Stage
89 Extending Period for Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With 1653-AA56 Final Rule Stage
STEM Degrees and Expanding the CAP-GAP Relief for All F-1 Students With Pending H-1B Petitions
90 Update of FEMA's Public Assistance Regulations 1660-AA51 Proposed Rule
Stage
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
91 Title I Energy Retrofit Property Improvement Loans (FR-5445) 2502-AI93 Proposed Rule
Stage
92 Housing Counseling: New Program Requirements (FR-5446) 2502-AI94 Proposed Rule
Stage
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF JUSTICE
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
93 National Standards to Prevent, Detect, and Respond to Prison Rape 1105-AB34 Proposed Rule
Stage
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF LABOR
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
94 Construction Contractor Affirmative Action Requirements 1250-AA01 Proposed Rule
Stage
[[Page 79463]]
95 Persuader Agreements: Employer and Labor Relations Consultant Reporting Under the LMRDA 1245-AA03 Proposed Rule
Stage
96 Right To Know Under the Fair Labor Standards Act 1235-AA04 Proposed Rule
Stage
97 Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than 1205-AB58 Proposed Rule
Agriculture or Registered Nursing in the United States (H-2B Workers) Stage
98 Equal Employment Opportunity in Apprenticeship and Training, Amendment of Regulations 1205-AB59 Proposed Rule
Stage
99 Lifetime Income Options for Participants and Beneficiaries in Retirement Plans 1210-AB33 Prerule Stage
100 Definition of ``Fiduciary'' 1210-AB32 Proposed Rule
Stage
101 Respirable Crystalline Silica Standard 1219-AB36 Proposed Rule
Stage
102 Lowering Miners' Exposure to Coal Mine Dust, Including Continuous Personal Dust Monitors 1219-AB64 Proposed Rule
Stage
103 Safety and Health Management Programs for Mines 1219-AB71 Proposed Rule
Stage
104 Pattern of Violations 1219-AB73 Proposed Rule
Stage
105 Maintenance of Incombustible Content of Rock Dust in Underground Coal Mines 1219-AB76 Proposed Rule
Stage
106 Proximity Detection Systems for Underground Mines 1219-AB65 Final Rule Stage
107 Infectious Diseases 1218-AC46 Prerule Stage
108 Injury and Illness Prevention Program 1218-AC48 Prerule Stage
109 Backing Operations 1218-AC52 Prerule Stage
110 Occupational Exposure to Crystalline Silica 1218-AB70 Proposed Rule
Stage
111 Occupational Injury and Illness Recording and Reporting Requirements--Modernizing OSHA's Reporting 1218-AC49 Proposed Rule
System Stage
112 Hazard Communication 1218-AC20 Final Rule Stage
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
113 Enhancing Airline Passenger Protections--Part 2 2105-AD92 Final Rule Stage
114 Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers 2120-AJ00 Proposed Rule
Stage
115 Air Ambulance and Commercial Helicopter Operations; Safety Initiatives and Miscellaneous Amendments 2120-AJ53 Proposed Rule
Stage
116 Flight and Duty Time Limitations and Rest Requirements 2120-AJ58 Final Rule Stage
117 Carrier Safety Fitness Determination 2126-AB11 Proposed Rule
Stage
118 Electronic On-Board Recorders and Hours of Service Supporting Documents 2126-AB20 Proposed Rule
Stage
119 Hours of Service 2126-AB26 Proposed Rule
Stage
120 Drivers of Commercial Vehicles: Restricting the Use of Cellular Phones 2126-AB29 Proposed Rule
Stage
121 National Registry of Certified Medical Examiners 2126-AA97 Final Rule Stage
122 Passenger Car and Light Truck Corporate Average Fuel Economy Standards MYs 2017 and Beyond 2127-AK79 Prerule Stage
123 Federal Motor Vehicle Safety Standard No. 111, Rearview Mirrors 2127-AK43 Proposed Rule
Stage
[[Page 79464]]
124 Commercial Medium- and Heavy-Duty On-Highway Vehicles and Work Truck Fuel Efficiency Standards 2127-AK74 Proposed Rule
Stage
125 Ejection Mitigation 2127-AK23 Final Rule Stage
126 Hours of Service: Passenger Train Employees 2130-AC15 Proposed Rule
Stage
127 Major Capital Investment Projects 2132-AB02 Proposed Rule
Stage
128 Hazardous Materials: Limiting the Use of Mobile Telephones by Highway 2137-AE65 Proposed Rule
Stage
129 Hazardous Materials: Limiting the Use of Electronic Devices by Highway 2137-AE63 Final Rule Stage
--------------------------------------------------------------------------------------------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
130 Review of the National Ambient Air Quality Standards for Carbon Monoxide 2060-AI43 Proposed Rule
Stage
131 Review of the National Ambient Air Quality Standards for Particulate Matter 2060-AO47 Proposed Rule
Stage
132 Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of 2060-AO72 Proposed Rule
Sulfur Stage
133 National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility 2060-AP52 Proposed Rule
Steam Generating Units Stage
134 Control of Greenhouse Gas Emissions From Medium and Heavy-Duty Vehicles 2060-AP61 Proposed Rule
Stage
135 Review of the National Ambient Air Quality Standards for Lead 2060-AQ44 Proposed Rule
Stage
136 NPDES Electronic Reporting Rule 2020-AA47 Proposed Rule
Stage
137 Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act 2070-AJ32 Proposed Rule
by Producers of Plant-Incorporated Protectants (PIPs) Stage
138 Mercury; Regulation of Use in Certain Products 2070-AJ46 Proposed Rule
Stage
139 Nanoscale Materials; Reporting Under TSCA Section 8(a) 2070-AJ54 Proposed Rule
Stage
140 Nanoscale Materials; Significant New Use Rule (SNUR) 2070-AJ67 Proposed Rule
Stage
141 Revisions to EPA's Rule on Protections for Subjects in Human Research Involving Pesticides 2070-AJ76 Proposed Rule
Stage
142 Hazardous Waste Management Systems: Identification and Listing of Hazardous Waste: Carbon Dioxide 2050-AG60 Proposed Rule
(CO2) Injectate in Geological Sequestration Activities Stage
143 Financial Responsibility Requirements Under CERCLA Section 108(b) for Classes of Facilities in the 2050-AG61 Proposed Rule
Hard Rock Mining Industry Stage
144 NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Municipal 2040-AD02 Proposed Rule
Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities Stage
145 Criteria and Standards for Cooling Water Intake Structures 2040-AE95 Proposed Rule
Stage
146 Stormwater Regulations Revision To Address Discharges From Developed Sites 2040-AF13 Proposed Rule
Stage
[[Page 79465]]
147 National Pollutant Discharge Elimination System (NPDES) Permit Regulations for New Dischargers and 2040-AF17 Proposed Rule
the Appropriate Use of Offsets With Regard to Water Quality Permitting Stage
148 Concentrated Animal Feeding Operations (CAFO) Information Collection Request Rule 2040-AF22 Proposed Rule
Stage
149 National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, 2060-AM44 Final Rule Stage
and Institutional Boilers
150 Transport Rule (CAIR Replacement Rule) 2060-AP50 Final Rule Stage
151 Revision to Pb Ambient Air Monitoring Requirements 2060-AP77 Final Rule Stage
152 Reconsideration of the 2008 Ozone Primary and Secondary National Ambient Air Quality Standards 2060-AP98 Final Rule Stage
153 Revisions to Motor Vehicle Fuel Economy Label 2060-AQ09 Final Rule Stage
154 National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, 2060-AQ25 Final Rule Stage
and Institutional Boilers and Process Heaters
155 Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program 2070-AJ57 Final Rule Stage
156 Identification of Non-Hazardous Secondary Materials That Are Solid Wastes 2050-AG44 Final Rule Stage
--------------------------------------------------------------------------------------------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
157 Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act 3046-AA85 Final Rule Stage
Amendments Act
--------------------------------------------------------------------------------------------------------------------------------------------------------
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
158 Office of Government Information Services 3095-AB62 Proposed Rule
Stage
159 Declassification of National Security Information 3095-AB64 Proposed Rule
Stage
--------------------------------------------------------------------------------------------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
160 Small Business Jobs Act: Multiple Award Contracts and Small Business Set-Asides 3245-AG20 Proposed Rule
Stage
161 Small Business Size Regulations; (8)a Business Development/Small Disadvantaged Business Status 3245-AF53 Final Rule Stage
Determination
162 Small Business Jobs Act: 504 Loan Program Debt Refinancing 3245-AG17 Final Rule Stage
163 Small Business Jobs Act: Small Business Intermediary Lending Pilot Program 3245-AG18 Final Rule Stage
--------------------------------------------------------------------------------------------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
164 Revised Medical Criteria for Evaluating Respiratory System Disorders (859P) 0960-AF58 Proposed Rule
Stage
165 Revised Medical Criteria for Evaluating Hematological Disorders (974P) 0960-AF88 Proposed Rule
Stage
[[Page 79466]]
166 Revised Medical Criteria for Evaluating Endocrine System Disorders (436P) 0960-AD78 Final Rule Stage
167 Revised Medical Criteria for Evaluating Mental Disorders (886P) 0960-AF69 Final Rule Stage
168 Reestablishing Uniform National Disability Adjudication Provisions (3502F) 0960-AG80 Final Rule Stage
169 Amendments to Regulations Regarding Major Life-Changing Events Affecting Income-Related Monthly 0960-AH06 Final Rule Stage
Adjustments Amounts to Medicare Part B Premiums (3574F)
170 Amendments to Regulations Regarding Withdrawals of Applications and Voluntary Suspension of 0960-AH07 Final Rule Stage
Benefits (3573I)
--------------------------------------------------------------------------------------------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
171 Testing, Certification, and Labeling of Certain Consumer Products 3041-AC71 Final Rule Stage
--------------------------------------------------------------------------------------------------------------------------------------------------------
NATIONAL INDIAN GAMING COMMISSION
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
172 Tribal Background Investigation Submission Requirements and Timing 3141-AA15 Proposed Rule
Stage
173 Class II and Class III Minimum Internal Control Standards 3141-AA27 Proposed Rule
Stage
--------------------------------------------------------------------------------------------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier Rulemaking Stage
Number Number
--------------------------------------------------------------------------------------------------------------------------------------------------------
174 Periodic Reporting Exceptions 3211-AA06 Final Rule Stage
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 2010-30473 Filed 12-17-10;8:45 am]
BILLING CODE 6820-27-S
[[Page 79467]]
DEPARTMENT OF AGRICULTURE (USDA)
Statement of Regulatory Priorities
USDA's regulatory efforts in the coming year will be focused on
achieving the Department's goals identified in the Department's
Strategic Plan for 2010 to 2015. To assist the country in addressing
today's challenges, USDA established the following goals:
Assist rural communities to create prosperity so they are
self-sustaining, re-populating, and economically thriving.
USDA is the leading advocate for rural America. The
Department supports rural communities and enhances quality
of life for rural residents by improving their economic
opportunities, community infrastructure, environmental
health, and the sustainability of agricultural production.
The common goal is to help create thriving rural
communities where people want to live and raise families,
and where children have economic opportunities and a bright
future.
Ensure that all of America's children have access to safe,
nutritious, and balanced meals. A plentiful supply of safe
and nutritious food is essential to the well-being of every
family and the healthy development of every child in
America. USDA provides nutrition assistance to children and
low-income people who need it and works to improve the
healthy eating habits of all Americans, especially
children. In addition, the Department safeguards the
quality and wholesomeness of meat, poultry, and egg
products and addresses and prevents loss and damage from
pests and disease outbreaks.
Ensure our national forests and private working lands are
conserved, restored, and made more resilient to climate
change, while enhancing our water resources. America's
prosperity is inextricably linked to the health of our
lands and natural resources. Forests, farms, ranches, and
grasslands offer enormous environmental benefits as a
source of clean air, clean and abundant water, and wildlife
habitat. These lands generate economic value by supporting
the vital agriculture and forestry sectors, attracting
tourism and recreation visitors, sustaining green jobs, and
producing ecosystem services, food, fiber, timber and non-
timber products, and energy. They are also of immense
social importance, enhancing rural quality of life,
sustaining scenic and culturally important landscapes, and
providing opportunities to engage in outdoor activity and
reconnect with the land.
Help America promote agricultural production and biotechnology
exports as America works to increase food security. A
productive agricultural sector is critical to increasing
global food security. For many crops, a substantial portion
of domestic production is bound for overseas markets. USDA
helps American farmers and ranchers use efficient,
sustainable production, biotechnology, and other emergent
technologies to enhance food security around the world and
find export markets for their products.
Important regulatory activities supporting the accomplishment of these
goals in 2011 will include the following:
Rural Development and Renewable Energy. USDA priority
regulatory actions for the Rural Development mission will
be to finalize regulations for bioenergy programs,
including the Biorefinery Assistance Program. While USDA
utilized notices of funding availability to implement many
of these programs in fiscal years 2009 and 2010,
regulations are required for permanent implementation.
Access to affordable broadband to all rural Americans is
another priority. USDA will finalize reform of its on-going
broadband access program through an interim rule. Rural
Development will utilize comments received from the
proposed rule, address statutory changes required by the
2008 Farm Bill, and incorporate lessons learned from
implementing the American Recovery and Reinvestment Act
program to develop the interim rule.
USDA will continue to promote sustainable economic opportunities to
revitalize rural communities through the purchase and use
of renewable, environmentally friendly biobased products
through its BioPreferred Program. USDA will continue to
designate groups of biobased products to receive
procurement preference from Federal agencies and
contractors. In addition, USDA will finalize a rule
establishing the Voluntary Labeling Program for biobased
products.
Nutrition Assistance. As changes are made to the nutrition
assistance programs, USDA will work to foster actions that
expand access to program benefits, improve program
integrity, improve diets and healthy eating through
nutrition education, and promote physical activity
consistent with the national effort to reduce obesity. In
support of these activities in 2011, the Food and Nutrition
Service (FNS) will propose a rule updating nutrition
standards in the school meals program, finalize a rule
updating the WIC food packages, and establish permanent
rules for the Fresh Fruit and Vegetable Program. FNS will
continue to work to implement rules that minimize
participant and vendor fraud in its nutrition assistance
programs.
Food Safety. In the area of food safety, USDA will continue to
develop science-based regulations that improve the safety
of meat, poultry, and processed egg products in the least
burdensome and most cost-effective manner. Regulations will
be revised to address emerging food safety challenges,
streamlined to remove excessively prescriptive regulations,
and updated to be made consistent with hazard analysis and
critical control point principles. FSIS will propose
regulations to establish new systems for poultry slaughter
inspection, catfish inspection, as well as a new voluntary
Federal-State cooperative inspection program. To assist
small entities to comply with food safety requirements, the
Food Safety and Inspection Service will continue to
collaborate with other USDA agencies and State partners in
the enhanced small business outreach program.
Farm Loans and Disaster Assistance. USDA will work to ensure a
strong U.S. agricultural system through farm income support
and farm loan programs. In addition, USDA will implement a
new disaster assistance program authorized by the 2008 Farm
Bill, the Emergency Forest Restoration Program. Regulations
are also being developed for conservation loan programs
intended to help producers finance the construction of
conservation measures.
Forestry and Conservation. USDA has completed all rulemaking
for the new and reauthorized 2008 Farm Bill conservation
programs and will focus on their continued implementation
in 2011. In the forestry area, the Department will focus on
developing a new planning rule that improves the National
forests' planning process, decisionmaking, and the legal
defensibility of land management plans. In 2011, the
Department plans to complete the transition from the
[[Page 79468]]
2000 planning rule that is now in effect to the new
planning rule that will update planning procedures to
reflect contemporary collaborative planning practices.
Marketing and Regulatory Programs. USDA will work to support
the organic sector and continue regulatory work to protect
the health and value of U.S. agricultural and natural
resources. USDA will also implement regulations to enhance
enforcement of the Packers and Stockyards Act. In addition,
USDA is working with stakeholders to develop acceptable
animal disease traceability standards. Regarding plant
health, USDA anticipates revising the permitting of plant
pests and biological control organisms. USDA will also
amend regulations for importing nursery stock to better
address plant health risks associated with propagative
material. For the Animal Welfare Act, USDA will propose
specific standards for the humane care of birds and dogs
imported for resale. USDA will also implement regulations
to implement dairy promotion and research provisions of the
2008 Farm Bill.
Reducing Paperwork Burden on Customers
USDA continues to make substantial progress in implementing the goal of
the Paperwork Reduction Act of 1995 to reduce the burden of information
collection on the public. To meet the requirements of the E-Government
Act, agencies across USDA are providing electronic alternatives to
their traditionally paper-based customer transactions. As a result,
producers increasingly have the option to electronically file forms and
all other documentation online. To facilitate the expansion of
electronic government, USDA implemented an electronic authentication
capability that allows customers to ``sign-on'' once and conduct
business with all USDA agencies. Supporting these efforts are ongoing
analyses to identify and eliminate redundant data collections and
streamline collection instructions. The end result of implementing
these initiatives is better service to our customers, enabling them to
choose when and where to conduct business with USDA.
Major Regulatory Priorities
This document represents summary information on prospective significant
regulations as called for in Executive Order 12866. The following USDA
agencies are represented in this regulatory plan, along with a summary
of their mission and key regulatory priorities in 2011:
Food and Nutrition Service
Mission: FNS increases food security and reduces hunger in partnership
with cooperating organizations by providing children and low-income
people access to food, a healthful diet, and nutrition education in a
manner that supports American agriculture and inspires public
confidence.
Priorities: In addition to responding to provisions of legislation
authorizing and modifying Federal nutrition assistance programs, FNS'
2011 regulatory plan supports USDA's goal to ensure that all of
America's children have access to safe, nutritious, and balanced meals:
Increase Access to Nutritious Food. This objective represents
FNS' efforts to improve nutrition by providing access to
program benefits (food consumed at home, school meals,
commodities) and distributing State administrative funds to
support program operations. To advance this objective, FNS
plans to publish a proposed rule to codify provisions of
the 2008 Farm Bill that expand access to Supplemental
Nutrition Assistance Program (SNAP) benefits and address
other eligibility, certification, employment, and training
issues. An interim rule implementing provisions of the
Child Nutrition and WIC Reauthorization Act of 2004 to
establish automatic eligibility for homeless children for
school meals further supports this objective.
Promote Healthy Diet and Physical Activity Behaviors.This
objective represents FNS' efforts to improve the diets of
its clients through nutrition education, support the
national effort to reduce obesity by promoting healthy
eating and physical activity, and to ensure that program
benefits meet appropriate standards to effectively improve
nutrition for program participants. In support of this
objective, FNS plans to propose a rule updating the
nutrition standards in the school meals programs, finalize
a rule updating the WIC food packages, and establish
permanent rules for the Fresh Fruit and Vegetable Program,
which currently operates in a select number of schools in
each State, the District of Columbia, Guam, Puerto Rico,
and the Virgin Islands.
Food Safety and Inspection Service
Mission: The Food Safety and Inspection Service (FSIS) is responsible
for ensuring that meat, poultry, egg, and catfish products in
interstate and foreign commerce are wholesome, not adulterated, and
properly marked, labeled, and packaged.
Priorities: FSIS is committed to developing and issuing science-based
regulations intended to ensure that meat, poultry, egg, and catfish
products are wholesome and not adulterated or misbranded. FSIS
regulatory actions support the objective to protect public health by
ensuring that food is safe under USDA's goal to ensure access to safe
food. To reduce the number of foodborne illnesses and increase program
efficiencies, FSIS will continue to review its existing authorities and
regulations to ensure that it can address emerging food safety
challenges, to streamline excessively prescriptive regulations, and to
revise or remove regulations that are inconsistent with the FSIS'
hazard analysis and critical control point (HACCP) regulations. FSIS is
also working with the Food and Drug Administration (FDA) to improve
coordination and increase the effectiveness of inspection activities.
FSIS' priority initiatives are as follows:
Rulemakings that support initiatives of the President's Food
Safety Working Group:
- Poultry Slaughter Inspection. FSIS plans to amend poultry products
inspection regulations to put in place a system in which the establishment
sorts the carcasses for defects and FSIS verifies that the system is under
control and producing safe and wholesome product. FSIS will propose to
adopt performance standards designed to ensure that the establishments are
carrying out slaughter, dressing, and chilling operations in a manner that
ensures no significant growth of pathogens.
- Revision of Egg Products Inspection Regulations. FSIS is planning to
propose requirements for federally inspected egg product plants to develop
and implement HACCP systems and sanitation standard operating procedures.
FSIS will be proposing pathogen reduction performance standards for egg
products and will remove prescriptive requirements for egg product plants.
Initiatives that provide for disclosure or that enable
economic growth. FSIS plans to issue two final rules to
promote disclosure of information to the public or that
provide flexibility for the adoption of new technologies
and that promote economic growth:
- Nutrition Labeling of Single-Ingredient Products and Ground or
[[Page 79469]]
Chopped Meat and Poultry Products. Regulations have been proposed to
require nutrition information on the major cuts of single-ingredient, raw
meat and poultry products to appear on the product label or at the point of
purchase, unless an exemption applies. These regulations would also require
nutrition labeling on all ground or chopped meat or poultry products unless
an exemption applies.
- Permission to Use Air Inflation of Meat Carcasses and Parts. FSIS has
proposed to revise the Federal meat inspection regulations to permit
establishments that slaughter livestock or prepare livestock carcasses and
parts to inflate carcasses and parts with air if they develop, implement,
and maintain written controls to ensure that the procedure does not cause
insanitary conditions or adulterate product. In addition, FSIS has proposed
to amend its regulations to remove the approved methods for inflating
livestock carcasses and parts by air and the requirement that
establishments seek approval from FSIS for inflation procedures not listed
in the regulations.
Interstate Shipment of State-Inspected Meat and Poultry
Products. As authorized by the 2008 Farm Bill, FSIS will
issue final regulations to implement a new voluntary
Federal-State cooperative inspection program under which
State-inspected establishments with 25 or fewer employees
would be eligible to ship meat and poultry products in
interstate commerce.
Notification, Documentation, and Recordkeeping Requirements
for Inspected Establishments. As authorized by the 2008
Farm Bill, FSIS will issue final regulations that will
require establishments that are subject to inspection to
promptly notify FSIS when an adulterated or misbranded
product received by or originating from the establishment
has entered into commerce. The regulations also will
require the establishments to prepare and maintain current
procedures for the recall of all products produced and
shipped by the establishments and to document each
reassessment of the establishments' process control plans.
Catfish Inspection. FSIS is developing regulations to
implement provisions of the 2008 Farm Bill provisions that
make catfish an amenable species under the Federal Meat
Inspection Act (FMIA).
Public Health Information System. To support its food safety
inspection activities, FSIS is developing the Public Health
Information System (PHIS). PHIS, which is user-friendly and
Web-based, will replace many of FSIS' current systems and
automate many business processes. To facilitate the
implementation of some PHIS components, FSIS is proposing
to provide for electronic export and import application and
certification processes as alternatives to the current
paper-based systems for these certifications.
Other planned initiatives. FSIS plans to finalize a February
2001 proposed rule to establish food safety performance
standards for all processed ready-to-eat (RTE) meat and
poultry products and for partially heat-treated meat and
poultry products that are not ready-to-eat. Some provisions
of the proposal addressed post-lethality contamination of
RTE products with Listeria monocytogenes. In June 2003,
FSIS published an interim final rule requiring
establishments to prevent L. monocytogenes contamination of
RTE products. FSIS has carefully reviewed its economic
analysis of the interim final rule and is planning to
affirm the interim rule as a final rule with changes.
FSIS small business implications. The great majority of
businesses regulated by FSIS are small businesses. Some of
the regulations listed above substantially affect small
businesses. Some rulemakings can benefit small businesses.
For example, the rule on interstate shipment of State-
inspected products will open interstate markets to some
small State-inspected establishments that previously could
only sell their products within State boundaries.
FSIS conducts a small business outreach program that provides critical
training, access to food safety experts, and information resources
(such as compliance guidance and questions and answers on various
topics) in forms that are uniform, easily comprehended, and consistent.
FSIS collaborates in this effort with other USDA agencies and
cooperating State partners. For example, FSIS makes plant owners and
operators aware of loan programs, available through USDA's Rural
Business and Cooperative programs, to help them in upgrading their
facilities. FSIS employees meet with small and very small plant
operators to learn more about their specific needs and provide joint
training sessions for small and very small plants and FSIS employees.
Animal and Plant Health Inspection Service
Mission: A major part of the mission of the Animal and Plant Health
Inspection Service (APHIS) is to protect the health and value of
American agricultural and natural resources. APHIS regulatory actions
support USDA's goal of ensuring access to safe, plentiful, and
nutritious food by minimizing major diseases and pests that have the
potential for reducing agricultural productivity. In support of this
goal, APHIS conducts programs to prevent the introduction of exotic
pests and diseases into the United States and conducts surveillance,
monitoring, control, and eradication programs for pests and diseases in
this country. These activities enhance agricultural productivity and
competitiveness and contribute to the national economy and the public
health. APHIS also conducts programs to ensure the humane handling,
care, treatment, and transportation of animals under the Animal Welfare
Act.
Priorities: With respect to animal health, APHIS is working with State
and tribal representatives to identify a regulatory approach that will
provide national traceability standards for livestock moved interstate
while allowing each State and tribe the flexibility to work with their
producers to develop standards that will work best for them. In the
area of animal welfare, APHIS plans to propose standards for the humane
handling, care, treatment, and transportation of birds covered under
the Animal Welfare Act and to establish regulations to ensure the
humane treatment of dogs imported into the United States for resale.
Regarding plant health, APHIS anticipates publishing a proposed rule
that would revise the current regulations governing the permitting of
plant pests and biological control organisms. APHIS is also preparing a
final rule that will conclude the first phase of its comprehensive
revision to its regulations for importing nursery stock (plants for
planting) to better address plant health risks associated with
propagative material.
Agricultural Marketing Service
Mission: The Agricultural Marketing Service (AMS) provides marketing
services to producers, manufacturers, distributors, importers,
exporters, and consumers of food products. The AMS
[[Page 79470]]
also manages the government's food purchases, supervises food quality
grading, maintains food quality standards, and supervises the Federal
research and promotion programs. AMS programs contribute to the
achievement of a number of objectives under the Department's goal to
assist rural communities to create prosperity and the goal to ensure
that all of America's children have access to safe, nutritious, and
balanced meals.
Priorities:
National Organic Program (NOP). AMS' priority items for the
next year include several rulemakings that impact the
organic industry. Statistics indicating rapid growth in the
organic sector have highlighted issues that need to be
addressed, including:
- Origin of Livestock. On October 24, 2008, NOP published a proposed rule
with request for comments on the access to pasture requirements for
ruminants. This proposed rule included a change in the origin of livestock
requirements for dairy animals under section 205.236 of the NOP
regulations. Many of the comments received on the October 2008 proposed
rule suggested that the origin of livestock issue should be pursued through
a separate rulemaking from access to pasture. As a result, the proposed
change to the origin of livestock requirements was not retained in the
final rule on access to pasture published on February 17, 2010. AMS plans
to develop a proposed rule specific to origin of livestock under the NOP
during fiscal year (FY) 2011.
- Periodic Pesticide Residue Testing. The Organic Foods Production Act
(OFPA) of 1990 included language requiring certifying agents to conduct
periodic residue testing of organic products produced or handled in
accordance with the NOP. This requirement was meant to identify organic
products that contained pesticides or other nonorganic residues in
violation with the NOP or other applicable laws. In March 2010, an Office
of Inspector General (OIG) audit of the NOP suggested that a legal review
by the Office of General Counsel (OGC) of the current NOP regulations was
needed to assess whether the existing regulations are in compliance with
the residue testing requirement under OFPA. As a result of the legal
opinion received by the NOP on this issue, AMS will publish a proposed rule
on new periodic pesticide residue testing requirements in 2011.
- Streamlining Enforcement Related Actions. The March 2010 Office of
Inspector General (OIG) audit of the NOP raised issues related to the
program's process for imposing enforcement actions. One concern was that
organic producers and handlers facing revocation or suspension of their
certification are able to market their products as organic during what can
be a lengthy appeals process. As a result, AMS will publish a proposed rule
in 2011 to streamline the NOP appeals process such that appeals are
reviewed and responded to in a timely manner.
Dairy Promotion and Research Program (Dairy Import
Assessments). AMS has entered the final stage of
establishing the National Dairy Promotion and Research
Program. The Dairy Production Stabilization Act of 1983
(Dairy Act) authorized USDA to create a national producer
program for dairy product promotion, research, and
nutrition education as part of a comprehensive strategy to
increase human consumption of milk and dairy products.
Dairy farmers fund this self-help program through a
mandatory assessment on all milk produced in the contiguous
48 States and marketed commercially. Dairy farmers
administer the national program through the National Dairy
Promotion and Research Board (Dairy Board).
The 2008 Farm Bill extended the program to include producers in Alaska,
Hawaii, and Puerto Rico, who will pay an assessment of $0.15 per
hundredweight of milk production. Imported dairy products will be
assessed at $0.075 per hundredweight of fluid milk equivalent. AMS
published proposed regulations establishing the program in the May 19,
2009, Federal Register. The proposal had a 30-day comment period. The
final rule is expected to be published by the end of 2010.
Grain, Inspection, Packers and Stockyards Administration
Mission: The Grain Inspection, Packers and Stockyards Administration
(GIPSA) facilitates the marketing of livestock, poultry, meat, cereals,
oilseeds, and related agricultural products and promotes fair and
competitive trading practices for the overall benefit of consumers and
American agriculture.GIPSA's activities contribute significantly to the
Department's goal to increase prosperity in rural areas by supporting a
competitive agricultural system.
Priorities: GIPSA intends to issue a final rule that will define
practices or conduct that are unfair, unjustly discriminatory, or
deceptive, and/or that represent the making or giving of an undue or
unreasonable preference or advantage, and ensure that producers and
growers can fully participate in any arbitration process that may arise
relating to livestock or poultry contracts. This regulation is being
finalized in accordance with the authority granted to the Secretary by
the Packers and Stockyards Act of 1921 and with the requirements of
sections 11005 and 11006 of the 2008 Farm Bill.
Farm Service Agency
Mission: The Farm Service Agency's (FSA) mission is to equitably serve
all farmers, ranchers, and agricultural partners through the delivery
of effective, efficient agricultural programs, which contributes to two
USDA goals. The goal of assisting rural communities in creating
prosperity so they are self-sustaining, re-populating, and economically
thriving; and the goal to enhance the Nation's natural resource base by
assisting owners and operators of farms and ranches to conserve and
enhance soil, water, and related natural resources. It supports the
first goal by stabilizing farm income, providing credit to new or
existing farmers and ranchers who are temporarily unable to obtain
credit from commercial sources, and helping farm operations recover
from the effects of disaster. FSA supports the second goal by
administering several conservation programs directed toward
agricultural producers. The largest program is the Conservation Reserve
Program (CRP), which protects nearly 32 million acres of
environmentally sensitive land.
Priorities:
Disaster Assistance. Regulations will be issued to establish a
new disaster assistance program, the Emergency Forest
Restoration Program. This program requires new regulations
and minor revisions to the existing related Emergency
Conservation Program regulations.
Biomass Crop Assistance Program. Final regulations were
published to complete implementation of the Biomass Crop
Assistance Program. This program supports the
Administration's energy initiative to accelerate the
investment in and production of biofuels. The program will
provide financial assistance to
[[Page 79471]]
agricultural and forest land owners and operators to
establish and produce eligible crops, including woody
biomass, for conversion to bioenergy, and the collection,
harvest, storage, and transportation of eligible material
for use in a biomass conversion facility.
Farm Loan Programs. FSA will develop and issue regulations to
amend programs for farm operating loans, down payment
loans, and emergency loans to include socially
disadvantaged farmers, increase loan limits, loan size,
funding targets, interest rates, and graduating borrowers
to commercial credit. In addition, the regulations will
establish a new direct and guaranteed loan program to
assist farmers in implementing conservation practices.
Forest Service
Mission: The mission of the Forest Service is to sustain the health,
productivity, and diversity of the Nation's forests and rangelands to
meet the needs of present and future generations. This includes
protecting and managing National Forest System lands, providing
technical and financial assistance to States, communities, and private
forest landowners, and developing and providing scientific and
technical assistance and scientific exchanges in support of
international forest and range conservation. Forest Service regulatory
priorities support the accomplishment of the Department's goal to
ensure our National forests are conserved, restored, and made more
resilient to climate change, while enhancing our water resources.
Priorities:
Land Management Planning Rule. The Forest Service is required
to issue rulemaking for National Forest System land
management planning under 16 U.S.C. 1604. The first
planning rule was adopted in 1979 and amended in 1982. The
Forest Service published a new planning rule on April 21,
2008 (73 FR 21468). On June 30, 2009, the United States
District Court for the Northern District of California
invalidated the Forest Service's 2008 Planning Rule
published at 36 CFR 219 based on violations of NEPA and ESA
in the rulemaking process. The District Court vacated the
2008 rule, enjoined the USDA from further implementing it,
and remanded it to the USDA for further proceedings. USDA
has determined that the 2000 planning rule is now in
effect, including its transition provisions as amended in
2002 and 2003, and as clarified by interpretative rules
issued in 2001 and 2004, which allows the use of the
provisions of the 1982 planning rule to amend or revise
plans. The Forest Service is now in the 2000 planning rule
transition period. The Forest Service is proposing a new
planning rule. In so doing, the Forest Service plans to
correct deficiencies that have been identified over two
decades of forest planning and update planning procedures
to reflect contemporary collaborative planning practices.
Community Forest and Open Space Conservation Program. The
purpose of the Community Forest Program is to achieve
community benefits through financial assistance grants to
local governments, tribal governments, and nonprofit
organizations to establish community forests by acquiring
and protecting private forestlands. Community forest
benefits are specified in the authorizing statute and
include economic benefits from sustainable forest
management, natural resource conservation, forest-based
educational programs, model forest stewardship activities,
and recreational opportunities.
Closure of NFS Lands to Protect Privacy of Tribal Activities.
There is currently no provision for a special closure of
NFS lands to protect the privacy of tribal activities for
traditional and cultural purposes. The Forest Service will
amend its regulations to allow special closure of NFS land
to protect the privacy of tribal activities for traditional
and cultural purposes.
Rural Business-Cooperative Service
Mission: Promoting a dynamic business environment in rural America is
the goal of the Rural Business-Cooperative Service (RBS). Business
Programs works in partnership with the private sector and the
community-based organizations to provide financial assistance and
business planning, and helps fund projects that create or preserve
quality jobs and/or promote a clean rural environment. The financial
resources are often leveraged with those of other public and private
credit source lenders to meet business and credit needs in under-served
areas. Recipients of these programs may include individuals,
corporations, partnerships, cooperatives, public bodies, nonprofit
corporations, Indian tribes, and private companies. The mission of
Cooperative Programs of RBS is to promote understanding and use of the
cooperative form of business as a viable organizational option for
marketing and distributing agricultural products.
Priorities: In support of the Department's goal to increase the
prosperity of rural communities, RBS regulatory priorities will
facilitate sustainable renewable energy development and enhance the
opportunities necessary for rural families to thrive economically.
RBS's priority will be to publish regulations to fully implement the
2008 Farm Bill. This includes promulgating regulations for the
Biorefinery Assistance Program (sec. 9003), the Repowering Assistance
Program (sec. 9004), the Bioenergy Program for Advanced Biofuels (sec.
9005), and the Rural Microentrepreneur Assistance Program (RMAP). RBS
has been administering sections 9003, 9004, and 9005 through the use of
Notices of Funds Availability and Notices of Contract Proposals.
Revisions to the Rural Energy for America Program (sec. 9007) will be
made to incorporate Energy Audits and Renewable Energy Development
Assistance and Feasibility Studies for Rural Energy Systems as eligible
grant purposes, as well as other Farm Bill initiatives and various
technical changes throughout the rule. In addition, revisions to the
Business and Industry Guaranteed Loan Program will be made to implement
2008 Farm Bill provisions and other program initiatives. These rules
will minimize program complexity and burden on the public while
enhancing program delivery and RBS oversight.
Rural Utilities Service
Mission: The mission of the Rural Utilities Service is to improve the
quality of life in rural America by providing investment capital for
the deployment of critical rural utilities telecommunications,
electric, and water and waste disposal infrastructure. Financial
assistance is provided to rural utilities, municipalities, commercial
corporations, limited liability companies, public utility districts,
Indian tribes, and cooperative, nonprofit, limited-dividend, or mutual
associations. The public-private partnership, which is forged between
the Rural Utilities Service (RUS) and these industries, results in
billions of dollars in rural infrastructure development and creates
thousands of jobs for the American economy.
Priorities: RUS' regulatory priorities will be to achieve the
President's goal to bring affordable broadband to all rural Americans.
To accomplish this, RUS will continue to improve the Broadband Program
established by the 2002 Farm
[[Page 79472]]
Bill. The 2002 Farm Bill authorized RUS to approve loans and loan
guarantees for the costs of construction, improvement, and acquisition
of facilities and equipment for broadband service in eligible rural
communities. The 2008 Farm Bill is significantly changing the statutory
requirements of the Broadband Loan Program. As such, RUS will be
issuing an interim rule to implement the statutory changes and will
request comments on the section of the rule that was not part of the
proposed rule that was published in May 2007. In addition, the
regulations will be issued to implement provisions of the American
Recovery and Reinvestment Act that expanded RUS's authority to make
loans and provided new authority to make grants to facilitate broadband
deployment in rural areas.
Departmental Management
Mission: Departmental Management's mission is to provide management
leadership to ensure that USDA administrative programs, policies,
advice, and counsel meet the needs of USDA program organizations,
consistent with laws and mandates, and provide safe and efficient
facilities and services to customers.
Priorities: In support of the Department's goal to increase rural
prosperity, USDA's Departmental Management will finalize regulations
establishing a program allowing manufacturers and vendors of eligible
products made from biobased feedstocks to display the label on their
packaging and marketing materials. Once completed, this regulation will
implement a section of the 2008 Farm Bill and will promote alternative
uses of agriculture and forest materials.
Aggregate Costs and Benefits
USDA will ensure that its regulations provide benefits that exceed
costs, but is unable to provide an estimate of the aggregated impacts
of its regulations. Problems with aggregation arise due to differing
baselines, data gaps, and inconsistencies in methodology and the type
of regulatory costs and benefits considered. In addition, aggregation
omits benefits and costs that cannot be reliably quantified, such as
improved health resulting from increased access to more nutritious
foods, higher levels of food safety, and increased quality of life
derived from investments in rural infrastructure. Some benefits and
costs associated with rules listed in the regulatory plan cannot
currently be quantified as the rules are still being formulated. For
2011, the Department's focus will be to implement the changes to
programs in such a way as to provide benefits while minimizing program
complexity and regulatory burden for program participants.
_______________________________________________________________________
USDA--Agricultural Marketing Service (AMS)
-----------
PROPOSED RULE STAGE
-----------
1. WHOLESALE PORK REPORTING PROGRAM
Priority:
Other Significant
Legal Authority:
7 USC 1635 to 1636
CFR Citation:
7 CFR 59
Legal Deadline:
Final, Statutory, March 28, 2012.
With the passage of S. 3656, the Mandatory Price Reporting Act of 2010,
the Secretary of Agriculture is required to amend chapter 3 of subtitle
B of the Agricultural Marketing Act of 1946 by adding a new section for
mandatory reporting of wholesale pork cuts. To make these amendments,
the Secretary was directed to promulgate a final rule no later than one
and a half years after the date of the enactment of the Act.
Accordingly, a final rule will be promulgated by March 28, 2012.
Abstract:
On September 15, 2010, Congress passed the Mandatory Price Reporting
Act of 2010 reauthorizing Livestock Mandatory Reporting for 5 years and
adding a provision for mandatory reporting of wholesale pork cuts. The
Act was signed by the President on September 28, 2010. Congress
directed the Secretary to engage in negotiated rulemaking to make
required regulatory changes for mandatory wholesale pork reporting.
Further, Congress required that the negotiated rulemaking committee
include representatives from (i) organizations representing swine
producers; (ii) organizations representing packers of pork, processors
of pork, retailers of pork, and buyers of wholesale pork; (iii) the
Department of Agriculture; and (iv) among interested parties that
participate in swine or pork production.
Statement of Need:
Implementation of mandatory pork reporting is required by Congress.
Congress delegated responsibility to the Secretary for determining what
information is necessary and appropriate. The Food, Conservation, and
Energy Act of 2008 (Pub. L. 110-234) directed the Secretary to conduct
a study to determine advantages, drawbacks, and potential
implementation issues associated with adopting mandatory wholesale pork
reporting. The report from this study generally concluded that
voluntary wholesale pork price reporting is thin and becoming thinner,
and some degree of support for moving to mandatory price reporting
exists at every segment of the industry interviewed. The report was
delivered to Congress on March 25, 2010.
Summary of Legal Basis:
Livestock Mandatory Reporting is authorized under the Agricultural
Marketing Act (7 U.S.C. 1635 to 1636). The Livestock and Seed Program
of USDA's Agricultural Marketing Service has day-to-day responsibility
for collecting and disseminating LMR data.
Alternatives:
There are no alternatives, as this rulemaking is a matter of law based
on the Mandatory Price Reporting Act of 2010.
Anticipated Cost and Benefits:
Estimation of costs will follow the previous methodology used in
earlier Livestock Mandatory Reporting rulemaking. The focus of the cost
estimation is the burden placed on reporting companies in providing
pork marketing data to the Livestock and Seed Program. Previous
rulemaking cost estimates of boxed beef reporting of similar data found
the burden to be an annual total of 65 hours in additional reporting
requirements per firm. Because no official USDA grade standards are
used in the marketing of pork, and fewer cutting styles, the burden for
pork reporting firms in comparison with beef reporting firms could be
lower. However, the impact is not truly known at this stage.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
Notice 12/00/10
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
[[Page 79473]]
Agency Contact:
Warren Preston
Department of Agriculture
Agricultural Marketing Service
1400 Independence Avenue SW
Washington, DC 20250
Phone: 202 720-6231
Fax: 202 690-3732
Email: [email protected]
RIN: 0581-AD07
_______________________________________________________________________
USDA--AMS
-----------
FINAL RULE STAGE
-----------
2. NATIONAL DAIRY PROMOTION AND RESEARCH PROGRAM; DAIRY IMPORT
ASSESSMENTS, DA-08-0050
Priority:
Other Significant
Legal Authority:
7 USC 4501 to 4514; 7 USC 7401
CFR Citation:
7 CFR 1150
Legal Deadline:
Final, Statutory, September 19, 2008, Assessments on imported dairy
products must be implemented by deadline.
With the passage of section 1507 in the 2008 Farm Bill, the Dairy Act
was amended to apply certain assessments to Alaska, Hawaii, the
District of Columbia, and the Commonwealth of Puerto Rico. The 2008
Farm Bill authorized the Secretary to issue regulations to implement
the mandatory dairy import assessment without providing a notice and
comment period. However, due to the interest of affected parties, a
notice and comment period was provided.
Abstract:
The Dairy Act authorizes the Order for dairy product promotion,
research, and nutrition education as part of a comprehensive strategy
to increase human consumption of milk and dairy products and to reduce
milk surpluses. The program functions to strengthen the dairy
industry's position in the marketplace by maintaining and expanding
domestic and foreign consumption of fluid milk and dairy products.
Amendments to the Order are pursuant to the 2002 and 2008 Farm Bills.
The 2002 Farm Bill mandates that the Order be amended to implement an
assessment on imported dairy products to fund promotion and research.
The 2008 Farm Bill specifies a mandatory assessment rate of 7.5-cent
per hundredweight of milk, or equivalent thereof, on dairy products
imported into the United States. Additionally, in accordance with the
2008 Farm Bill, the term ``United States'' is the Dairy Act is amended
to mean all States, the District of Columbia, and the Commonwealth of
Puerto Rico. Producers in these areas will be assessed 15 cents per
hundredweight for all milk produced and marketed.
Statement of Need:
In response to the May 19, 2009 (74 FR 23359), proposed rule (National
Dairy Promotion and Research Program; Proposed Rule on Amendments to
the Order), AMS received 189 timely comments from consumers, dairy
producers, foreign governments, importers, exporters, manufacturers,
members of Congress, trade associations, and other interested parties.
The comments covered a wide range of topics, including 39 in opposition
to the proposal and 150 in support of the proposal. Opponents of the
proposal expressed concern over the lack of a referendum requirement
among those affected; default assessment rates; lack of ability to no
longer promote State-branded dairy products; lack of importer
organizations eligible to become a Qualified Program; disputed the
cost-benefit analysis for importers and producers; and cited
unreasonable importer paperwork and record keeping burdens.
Proponents of the proposal expressed support for an expedited
implementation of the dairy import assessment; cited the enhanced
benefits both domestic producers and importers will receive as a result
of implementation; recommended new Harmonized Tariff Schedule codes;
use of a default assessment rate; recommended regular reporting of the
products and assessments on imports; and all thresholds for compliance
with U.S. trade obligations have been met.
AMS plans to issue a final rule implementing the dairy import
assessment in the near future. In response to the comments received and
after consultation with USTR, AMS is addressing, in the final rule,
referenda, alternative assessment rates, and compliance and enforcement
activity. All remaining changes are miscellaneous and minor in nature
in order to clarify regulatory text.
Summary of Legal Basis:
The National Dairy Promotion and Research Program (National Program) is
authorized under the authorized under the provisions of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4501 to 4514), and the
Dairy Promotion and Research Order (7 CFR part 1150). The Dairy
Programs unit of USDA's Agricultural Marketing Service has day--to--day
oversight responsibilities for the National Program.
Alternatives:
There are no alternatives, as this rulemaking is a matter of law based
on the 2002 and 2008 Farm Bills.
Anticipated Cost and Benefits:
Assessments to dairy producers under the Order are relatively small
compared to producer revenue. If dairy producers in Alaska, Hawaii, the
District of Columbia, and the Commonwealth of Puerto Rico had paid
assessments of $0.15 per hundredweight of milk marketed in 2007, it is
estimated that $1.1 million would have been paid. This is about 0.6
percent of the $192 million total value of milk produced and marketed
in these areas.
Benefits to producers in these areas are assumed to be similar to those
benefits received by producers of other U.S. geographical regions.
Cornell University has conducted an independent economic analysis of
the Program that is included in the annual report to Congress. Cornell
determined that from 1998 through 2007, each dollar invested in generic
dairy marketing by dairy farmers during the period would return between
$5.52 and $5.94, on average, in net revenue to farmers.
Assessments collected from importers under the National Program will be
relatively small compared to the value of dairy imports. If importers
had been assessed $0.075 per hundredweight, or equivalent thereof, for
imported dairy products in 2007 as specified in this rule, it is
estimated that less than $6.1 million would have been paid. This is
about 0.3 percent of the $2.4 billion value of the dairy products
imported in 2007.
Risks:
If the amendments are not implemented, USDA would be in violation of
the 2002 and 2008 Farm Bills.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 05/19/09 74 FR 23359
[[Page 79474]]
NPRM Comment Period End 06/18/09
Final Action 03/00/11
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses, Organizations
Government Levels Affected:
None
Agency Contact:
Whitney Rick
Promotion and Research Branch Chief
Department of Agriculture
Agricultural Marketing Service
1400 Independence Avenue SW
Washington, DC 20250
Phone: 202 720-6909
Fax: 202 720-0285
Email: [email protected]
RIN: 0581-AC87
_______________________________________________________________________
USDA--Animal and Plant Health Inspection Service (APHIS)
-----------
PROPOSED RULE STAGE
-----------
3. ANIMAL WELFARE; REGULATIONS AND STANDARDS FOR BIRDS
Priority:
Other Significant
Legal Authority:
7 USC 2131 to 2159
CFR Citation:
9 CFR 1 to 3
Legal Deadline:
None
Abstract:
APHIS intends to establish standards for the humane handling, care,
treatment, and transportation of birds other than birds bred for use in
research.
Statement of Need:
The Farm Security and Rural Investment Act of 2002 amended the
definition of animal in the Animal Welfare Act (AWA) by specifically
excluding birds, rats of the genus Rattus, and mice of the genus Mus,
bred for use in research. While the definition of animal in the
regulations contained in 9 CFR part 1 has excluded rats of the genus
Rattus and mice of the genus Mus bred for use in research, that
definition has also excluded all birds (i.e., not just those birds bred
for use in research). In line with this change to the definition of
animal in the AWA, APHIS intends to establish standards in 9 CFR part 3
for the humane handling, care, treatment, and transportation of birds
other than those birds bred for use in research and to revise the
regulations in 9 CFR parts 1 and 2 to make them applicable to birds.
Summary of Legal Basis:
The Animal Welfare Act (AWA) authorizes the Secretary of Agriculture to
promulgate standards and other requirements governing the humane
handling, care, treatment, and transportation of certain animals by
dealers, research facilities, exhibitors, operators of auction sales,
and carriers and immediate handlers. Animals covered by the AWA include
birds that are not bred for use in research.
Alternatives:
To be identified.
Anticipated Cost and Benefits:
To be determined.
Risks:
Not applicable.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 08/00/11
NPRM Comment Period End 11/00/11
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
Undetermined
Additional Information:
Additional information about APHIS and its programs is available on the
Internet at http://www.aphis.usda.gov.
Agency Contact:
Johanna Briscoe
Veterinary Medical Officer and Avian Specialist, Animal Care
Department of Agriculture
Animal and Plant Health Inspection Service
4700 River Road, Unit 84
Riverdale, MD 20737-1234
Phone: 301 734-0658
RIN: 0579-AC02
_______________________________________________________________________
USDA--APHIS
4. PLANT PEST REGULATIONS; UPDATE OF GENERAL PROVISIONS
Priority:
Other Significant
Legal Authority:
7 USC 450; 7 USC 2260; 7 USC 7701 to 7772; 7 USC 7781 to 7786; 7 USC
8301 to 8817; 19 USC 136; 21 USC 111; 21 USC 114a; 21 USC 136 and 136a;
31 USC 9701; 42 USC 4331 to 4332
CFR Citation:
7 CFR 318 to 319; 7 CFR 330; 7 CFR 352
Legal Deadline:
None
Abstract:
We are proposing to revise our regulations regarding the movement of
plant pests. We are proposing to regulate the movement of not only
plant pests, but also biological control organisms and associated
articles. We are proposing risk-based criteria regarding the movement
of biological control organisms, and are proposing to exempt certain
types of plant pests from permitting requirements for their interstate
movement and movement for environmental release. We are also proposing
to revise our regulations regarding the movement of soil, and to
establish regulations governing the biocontainment facilities in which
plant pests, biological control organisms, and associated articles are
held. This proposed rule replaces a previously published proposed rule,
which we are withdrawing as part of this document. This proposal would
clarify the factors that would be considered when assessing the risks
associated with the movement of certain organisms, facilitate the
movement of regulated organisms and articles in a manner that also
protects U.S. agriculture, and address gaps in the current regulations.
Statement of Need:
APHIS is preparing a proposed rule to revise its regulations regarding
the movement of plant pests. The revised regulations would address the
importation and interstate movement of plant pests, biological control
organisms, and associated articles and the release into the environment
of biological control organisms. The revision would also address the
movement of soil and establish regulations governing the biocontainment
facilities in which
[[Page 79475]]
plant pests, biological control organisms, and associated articles are
held. This proposal would clarify the factors that would be considered
when assessing the risks associated with the movement of certain
organisms, facilitate the movement of regulated organisms and articles
in a manner that also protects U.S. agriculture, and address gaps in
the current regulations.
Summary of Legal Basis:
Under section 411(a) of the Plant Protection Act (PPA), no person shall
import, enter, export, or move in interstate commerce any plant pest,
unless the importation, entry, exportation, or movement is authorized
under a general or specific permit and in accordance with such
regulations as the Secretary of Agriculture may issue to prevent the
introduction of plant pests into the United States or the dissemination
of plant pests within the United States.
Under section 412 of the PPA, the Secretary may restrict the
importation or movement in interstate commerce of biological control
organisms by requiring the organisms to be accompanied by a permit
authorizing such movement and by subjecting the organisms to quarantine
conditions or other remedial measures deemed necessary to prevent the
spread of plant pests or noxious weeds. That same section of the PPA
also gives the Secretary explicit authority to regulate the movement of
associated articles.
Alternatives:
The alternatives we considered were taking no action at this time or
implementing a comprehensive risk reduction plan. This latter
alternative would be characterized as a broad risk mitigation strategy
that could involve various options such as increased inspection,
regulations specific to a certain organism or group of related
organisms, or extensive biocontainment requirements.
We decided against the first alternative because leaving the
regulations unchanged would not address the needs identified
immediately above. We decided against the latter alternative, because
available scientific information, personnel, and resources suggest that
it would be impracticable at this time.
Anticipated Cost and Benefits:
Undetermined at this time.
Risks:
Unless we issue such a proposal, the regulations will not provide a
clear protocol for obtaining permits that authorize the movement and
environmental release of biological control organisms. This, in turn,
could impede research to explore biological control options for various
plant pests and noxious weeds known to exist within the United States,
and could indirectly lead to the further dissemination of such pests
and weeds.
Moreover, unless we revise the soil regulations, certain provisions in
the regulations will not adequately address the risk to plants, plant
parts, and plant products within the United States that such soil might
present.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
Notice of Intent to
Prepare an
Environmental Impact
Statement 10/20/09 74 FR 53673
Notice Comment Period End 11/19/09
NPRM 01/00/11
NPRM Comment Period End 03/00/11
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses, Organizations
Government Levels Affected:
Local, State, Tribal
International Impacts:
This regulatory action will be likely to have international trade and
investment effects, or otherwise be of international interest.
Additional Information:
Additional information about APHIS and its programs is available on the
Internet at http://www.aphis.usda.gov.
Agency Contact:
Shirley Wager-Page
Chief, Pest Permitting Branch, Plant Health Programs, PPQ
Department of Agriculture
Animal and Plant Health Inspection Service
4700 River Road, Unit 131
Riverdale, MD 20737-1236
Phone: 301 734-8453
RIN: 0579-AC98
_______________________________________________________________________
USDA--APHIS
5. IMPORTATION OF LIVE DOGS
Priority:
Other Significant
Legal Authority:
7 USC 2148
CFR Citation:
9 CFR 1 and 2
Legal Deadline:
None
Abstract:
This rulemaking would amend the Animal Welfare Act (AWA) regulations to
regulate dogs imported for resale as required by a recent amendment to
the AWA. Importation of dogs for resale would be prohibited unless the
dogs are in good health, have all necessary vaccinations, and are 6
months of age or older. This proposal will also reflect the exemptions
provided in the amendment to the AWA for dogs imported for research
purposes or veterinary treatment and for dogs legally imported into the
State of Hawaii from the British Isles, Australia, Guam, or New
Zealand.
Statement of Need:
The Food, Conservation, and Energy Act of 2008 mandates that the
Secretary of Agriculture promulgate regulations to implement and
enforce new provisions of the Animal Welfare Act (AWA) regarding the
importation of dogs for resale. In line with the changes to the AWA,
APHIS intends to amend the regulations in 9 CFR parts 1 and 2 to
regulate the importation of dogs for resale.
Summary of Legal Basis:
The Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246, signed
into law on June 18, 2008) added a new section to the Animal Welfare
Act (7 U.S.C. 2147) to restrict the importation of live dogs for
resale. As amended, the AWA now prohibits the importation of dogs into
the United States for resale unless the Secretary of Agriculture
determines that the dogs are in good health, have received all
necessary vaccinations, and are at least 6 months of age. Exceptions
are provided for dogs imported for research purposes or veterinary
treatment. An exception to the 6-month age requirement is also provided
for dogs that are lawfully imported into Hawaii for resale purposes
from the British Isles, Australia, Guam, or New Zealand in compliance
with the applicable regulations of Hawaii, provided the dogs are
vaccinated, are in good health, and are not transported out of Hawaii
for resale purposes at less than 6 months of age.
[[Page 79476]]
Alternatives:
To be identified.
Anticipated Cost and Benefits:
To be determined.
Risks:
Not applicable.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 12/00/10
NPRM Comment Period End 02/00/11
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
None
Additional Information:
Additional information about APHIS and its programs is available on the
Internet at http://www.aphis.usda.gov.
Agency Contact:
Gerald Rushin
Veterinary Medical Officer, Animal Care
Department of Agriculture
Animal and Plant Health Inspection Service
4700 River Road, Unit 84
Riverdale, MD 20737-1234
Phone: 301 734-0954
RIN: 0579-AD23
_______________________________________________________________________
USDA--APHIS
6. ANIMAL DISEASE TRACEABILITY
Priority:
Other Significant
Legal Authority:
7 USC 8305
CFR Citation:
9 CFR 90
Legal Deadline:
None
Abstract:
This rulemaking would establish a new part in the Code of Federal
Regulations containing general identification and documentation
requirements for livestock moving interstate. The purpose of the new
regulations is to improve our ability to trace livestock in the event
that disease is found. The regulations will provide national
traceability standards for livestock moved interstate and allow each
State and tribe the flexibility to develop ways of meeting the
standards that will work best for them.
Statement of Need:
Preventing and controlling animal disease is the cornerstone of
protecting American animal agriculture. While ranchers and farmers work
hard to protect their animals and their livelihoods, there is never a
guarantee that their animals will be spared from disease. To support
their efforts, USDA has enacted regulations to prevent, control, and
eradicate disease, and to increase foreign and domestic confidence in
the safety of animals and animal products. Traceability helps give that
reassurance. Traceability does not prevent disease, but knowing where
diseased and at-risk animals are, where they have been, and when, is
indispensable in emergency response and in ongoing disease programs.
The primary objectives of these proposed regulations are to improve our
ability to trace livestock in the event that disease is found and to
provide national standards to ensure the smooth flow of livestock in
interstate commerce, while also allowing States and tribes the
flexibility to develop systems for tracing animals within their State
and tribal lands that work best for them.
Summary of Legal Basis:
Under the Animal Health Protection Act (7 U.S.C. 8301 et seq.), the
Secretary of Agriculture may prohibit or restrict the interstate
movement of any animal to prevent the introduction or dissemination of
any pest or disease of livestock, and may carry out operations and
measures to detect, control, or eradicate any pest or disease of
livestock. The Secretary may promulgate such regulations as may be
necessary to carry out the Act.
Alternatives:
As part of its ongoing efforts to safeguard animal health, APHIS
initiated implementation of the National Animal Identification System
(NAIS) in 2004. More recently, the Agency launched an effort to assess
the level of acceptance of NAIS through meetings with the Secretary,
listening sessions in 14 cities, and public comments. Although there
was some support for NAIS, the vast majority of participants were
highly critical of the program and of USDA's implementation efforts.
The feedback revealed that NAIS has become a barrier to achieving
meaningful animal disease traceability in the United States in
partnership with America's producers.
The option we are proposing pertains strictly to interstate movement
and gives States and tribes the flexibility to identify and implement
the traceability approaches that work best for them.
Anticipated Cost and Benefits:
A workable and effective animal traceability system would enhance
animal health programs, leading to more secure market access and other
societal gains. Traceability can reduce the cost of disease outbreaks,
minimizing losses to producers and industries by enabling current and
previous locations of potentially exposed animals to be readily
identified. Trade benefits can include increased competitiveness in
global markets generally, and when outbreaks do occur, the mitigation
of export market losses through regionalization. Markets benefit
through more efficient and timely epidemiological investigation of
animal health issues. Other societal benefits include improved animal
welfare during natural disasters.
Costs of an animal traceability system would include those for tags and
tagging and would vary, depending on the method of identification
chosen (e.g., metal tags vs. microchip implants). Costs are expected to
vary by both type of operation and whether traceability would be by
individual animal or by lot or group. Per head costs of traceability
programs for the principal farm animals are estimated to be highest for
cattle operations, followed by sheep, swine, and poultry operations.
Larger operations would likely reap economies of scale, that is, incur
lower costs per head than smaller operations. However, there will be
exemptions for small producers who raise animals to feed themselves,
their families, and their immediate neighbors. In addition, only
operations moving livestock interstate would be required to comply with
the regulations.
Risks:
This rulemaking is being undertaken to address the animal health risks
posed by gaps in the existing regulations concerning identification of
livestock being moved interstate. The current lack of a comprehensive
animal traceability program is impairing our ability to trace animals
that may be affected with disease.
[[Page 79477]]
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 04/00/11
NPRM Comment Period End 06/00/11
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
State, Tribal
Additional Information:
Additional information about APHIS and its programs is available on the
Internet at http://www.aphis.usda.gov.
Agency Contact:
Neil Hammerschmidt
NAIS Coordinator, Surveillance and Identification Programs, NCAHP, VS
Department of Agriculture
Animal and Plant Health Inspection Service
4700 River Road, Unit 200
Riverdale, MD 20737-1231
Phone: 301 734-5571
RIN: 0579-AD24
_______________________________________________________________________
USDA--APHIS
-----------
FINAL RULE STAGE
-----------
7. IMPORTATION OF PLANTS FOR PLANTING; ESTABLISHING A NEW CATEGORY OF
PLANTS FOR PLANTING NOT AUTHORIZED FOR IMPORTATION PENDING PEST RISK
ANALYSIS (RULEMAKING RESULTING FROM A SECTION 610 REVIEW)
Priority:
Other Significant
Legal Authority:
7 USC 450; 7 USC 7701 to 7772; 7 USC 7781 to 7786; 21 USC 136 and 136a
CFR Citation:
7 CFR 319
Legal Deadline:
None
Abstract:
This rulemaking will amend the regulations to establish a new category
of regulated articles in the regulations governing the importation of
nursery stock, also known as plants for planting. This category will
list taxa of plants for planting whose importation is not authorized
pending pest risk analysis. If scientific evidence indicates that a
taxon of plants for planting is a quarantine pest or a host of a
quarantine pest, we will publish a notice that will announce our
determination that the taxon is a quarantine pest or a host of a
quarantine pest, cite the scientific evidence we considered in making
this determination, and give the public an opportunity to comment on
our determination. If we receive no comments that change our
determination, the taxon will subsequently be added to the new
category. We will allow any person to petition for a pest risk analysis
to be conducted for a taxon that has been added to the new category.
After the pest risk analysis is completed, we will remove the taxon
from the category and allow its importation subject to general
requirements, allow its importation subject to specific restrictions,
or prohibit its importation. We will consider applications for permits
to import small quantities of germplasm from taxa whose importation is
not authorized pending pest risk analysis, for experimental or
scientific purposes under controlled conditions. This new category will
allow us to take prompt action on evidence that the importation of a
taxon of plants for planting poses a risk while continuing to allow for
public participation in the process.
Statement of Need:
APHIS typically relies on inspection at a Federal plant inspection
station or port of entry to mitigate the risks of pest introduction
associated with the importation of plants for planting. Importation of
plants for planting is further restricted or prohibited only if there
is specific evidence that such importation could introduce a quarantine
pest into the United States. Most of the taxa of plants for planting
currently being imported have not been thoroughly studied to determine
whether their importation presents a risk of introducing a quarantine
pest into the United States. The volume and the number of types of
plants for planting have increased dramatically in recent years, and
there are several problems associated with gathering data on what
plants for planting are being imported and on the risks such
importation presents. In addition, quarantine pests that enter the
United States via the importation of plants for planting pose a
particularly high risk of becoming established within the United
States. The current regulations need to be amended to better address
these risks.
Summary of Legal Basis:
The Secretary of Agriculture may prohibit or restrict the importation
or entry of any plant if the Secretary determines that the prohibition
or restriction is necessary to prevent the introduction into the United
States of a plant pest or noxious weed (7 U.S.C. 7712).
Alternatives:
APHIS has identified one alternative to the approach we are
considering. We could prohibit the importation of all nursery stock
pending risk evaluation, approval, and notice-and-comment rulemaking,
similar to APHIS' approach to regulating imported fruits and
vegetables. This approach would lead to a major interruption in
international trade and would have significant economic effects on both
U.S. importers and U.S. consumers of plants for planting.
Anticipated Cost and Benefits:
Undetermined.
Risks:
In the absence of some action to revise the nursery stock regulations
to allow us to better address pest risks, increased introductions of
plant pests via imported nursery stock are likely, causing extensive
damage to both agricultural and natural plant resources.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 07/23/09 74 FR 36403
NPRM Comment Period End 10/21/09
Final Rule 12/00/10
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
International Impacts:
This regulatory action will be likely to have international trade and
investment effects, or otherwise be of international interest.
Additional Information:
Additional information about APHIS and its programs is available on the
Internet at http://www.aphis.usda.gov.
[[Page 79478]]
Agency Contact:
Arnold T. Tschanz
Senior Plant Pathologist, Risk Management and Plants for Planting
Policy, RPM, PPQ
Department of Agriculture
Animal and Plant Health Inspection Service
4700 River Road, Unit 133
Riverdale, MD 20737-1231
Phone: 301 734-0627
RIN: 0579-AC03
_______________________________________________________________________
USDA--Rural Housing Service (RHS)
-----------
FINAL RULE STAGE
-----------
8. MULTI-FAMILY HOUSING (MFH) REINVENTION
Priority:
Economically Significant. Major under 5 USC 801.
Legal Authority:
5 USC 301; 42 USC 1490a; 7 USC 1989; 42 USC 1475; 42 USC 1479; 42 USC
1480; 42 USC 1481; 42 USC 1484; 42 USC 1485; 42 USC 1486
CFR Citation:
7 CFR 1806; 7 CFR 1822; 7 CFR 1902; 7 CFR 1925; 7 CFR 1930; 7 CFR 1940;
7 CFR 1942; 7 CFR 1944; 7 CFR 1951; 7 CFR 1955; 7 CFR 1956; 7 CFR 1965;
7 CFR 3560; 7 CFR 3565
Legal Deadline:
None
Abstract:
The Rural Housing Service has consolidated and streamlined the
regulations pertaining to section 515 Rural Rental Housing, section 514
Farm Labor Housing Loans, section 516 Farm Labor Housing Grants, and
section 521 Rental Assistance Payments. Fourteen published regulations
have been reduced to one regulation and handbooks for program
administration. This will simplify loan origination and portfolio
management for applicants, borrowers, and housing operators, as well as
Rural Development field staff. This also provides flexibility for
program modifications to reflect current and foreseeable changes. The
consolidated regulations save time and simplify costs. Finally, the
regulation is more customer friendly and responsive to the needs of the
public.
Statement of Need:
The new regulation for the program known as the Multi-Family Housing
Loan and Grant Programs will be more user-friendly for lenders,
borrowers, and Agency staff. These changes are essential to allow for
improved service to the public and for an expanded program with
increased impact on rural housing opportunities without a corresponding
expansion in Agency staff. The regulations will be shorter, better
organized, and more simple and clear. Many documentation requirements
will be eliminated or consolidated into more convenient formats.
Summary of Legal Basis:
The existing statutory authority for the MFH programs was established
in title V of the Housing Act of 1949, which gave authority to the RHS
(then the Farmers Home Administration) to make housing loans to
farmers. As a result of this Act, the Agency established single-family
and multi-family housing programs. Over time, the sections of the
Housing Act of 1949 addressing MFH have been amended a number of times.
Amendments have involved issues such as the provision of interest
credit, broadening definitions of eligible areas and populations to be
served, participation of limited profit entities, the establishment of
a rental assistance program, and the imposition of a number of
restrictive use provisions and prepayment restrictions.
Alternatives:
To not publish the rule would substantially restrict RHS' ability to
effectively administer the programs and cost the Agency significant
credibility with the public and oversight organizations.
Anticipated Cost and Benefits:
Based on analysis of the proposed rule, the following impacts may
occur, some of which could be considered significant:
There would be cost savings due to reduced paperwork, estimated to be
about $1.8 million annually for the public and about $10.1 million for
the Government.
Risks:
Without the streamlining, there will be a decrease in the ability of
the Agency to provide safe, decent, and sanitary housing to program
beneficiaries.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 06/02/03 68 FR 32872
NPRM Comment Period End 08/01/03
Interim Final Rule 11/26/04 69 FR 69032
Interim Final Rule
Comment Period End 12/27/04
Interim Final Rule
Effective 02/22/05 70 FR 8503
Final Action 10/00/11
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
Laurence Anderson
MFH Preservation and Direct Loans
Department of Agriculture
Rural Housing Service
STOP 0781
1400 Independence Avenue SW
Washington, DC 20250
Phone: 202 720-1611
Email: [email protected]
Related RIN: Merged with 0575-AC24
RIN: 0575-AC13
_______________________________________________________________________
USDA--Grain Inspection, Packers and Stockyards Administration (GIPSA)
-----------
FINAL RULE STAGE
-----------
9. ENFORCEMENT OF THE PACKERS AND STOCKYARDS ACT
Priority:
Other Significant
Legal Authority:
7 USC 181
CFR Citation:
9 CFR 201
Legal Deadline:
Final, Statutory, June 18, 2010.
Abstract:
GIPSA is proposing regulations under the Packers and Stockyards Act,
1921, that clarify when certain conduct in the livestock and poultry
industries represents the making or giving of an undue or unreasonable
preference or advantage or subjects a person or locality to an undue or
unreasonable prejudice or disadvantage. These proposed regulations also
establish criteria GIPSA will consider in determining whether a live
poultry
[[Page 79479]]
dealer has provided reasonable notice to poultry growers of any
suspension of the delivery of birds under a poultry growing
arrangement; when a requirement of additional capital investments over
the life of a poultry growing arrangement or swine production contract
constitutes a violation of the P&S Act; and whether a live poultry
dealer or swine contractor has provided a reasonable period of time for
a poultry grower or a swine production contract grower to remedy a
breach of contract that could lead to termination of the poultry
growing arrangement or swine production contract. The Farm Bill also
instructed the Secretary to promulgate regulations to ensure that
producers and growers are afforded the opportunity to fully participate
in the arbitration process if they so choose.
Statement of Need:
In enacting title XI of the Food, Conservation, and Energy Act of 2008
(Farm Bill) (Pub. L. 110-246), Congress recognized the nature of
problems encountered in the livestock and poultry industries and
amended the Packers and Stockyards Act (P&S Act). These amendments
established new requirements for participants in the livestock and
poultry industries and required the Secretary of Agriculture
(Secretary) to establish criteria to consider when determining that
certain other conduct is in violation of the P&S Act.
The Grain Inspection, Packers and Stockyards Administration's (GIPSA)
attempts to enforce the broad prohibitions of the P&S Act have been
frustrated, in part because it has not previously defined what conduct
constitutes an unfair practice or the giving of an undue preference or
advantage. The new regulations that GIPSA is proposing describe and
clarify conduct that violates the P&S Act and allow for more effective
and efficient enforcement by GIPSA. They will clarify conditions for
industry compliance with the P&S Act and provide for a fairer market
place.
In accordance with the Farm Bill, GIPSA is proposing regulations under
the P&S Act that would clarify when certain conduct in the livestock
and poultry industries represents the making or giving of an undue or
unreasonable preference or advantage or subjects a person or locality
to an undue or unreasonable prejudice or disadvantage. These proposed
regulations also establish criteria that GIPSA will consider in
determining whether a live poultry dealer has provided reasonable
notice to poultry growers of a suspension of the delivery of birds
under a poultry growing arrangement; when a requirement of additional
capital investments over the life of a poultry growing arrangement or
swine production contract constitutes a violation of the P&S Act; and
whether a packer, swine contractor or live poultry dealer has provided
a reasonable period of time for a grower or a swine producer to remedy
a breach of contract that could lead to termination of the growing
arrangement or production contract.
The Farm Bill also instructed the Secretary to promulgate regulations
to ensure that poultry growers, swine production contract growers and
livestock producers are afforded the opportunity to fully participate
in the arbitration process, if they so choose. We are proposing a
required format for providing poultry growers, swine production
contract growers, and livestock producers the opportunity to decline
the use of arbitration in contracts requiring arbitration. We are also
proposing criteria that we will consider in finding that poultry
growers, swine production contract growers, and livestock producers
have a meaningful opportunity to participate fully in the arbitration
process if they voluntarily agree to do so. We will use these criteria
to assess the overall fairness of the arbitration process.
In addition to proposing regulations in accordance with the Farm Bill,
GIPSA is proposing regulations that would prohibit certain conduct
because it is unfair, unjustly discriminatory or deceptive, in
violation of the P&S Act. These additional proposed regulations are
promulgated under the authority of section 407 of the P&S Act and
complement those required by the Farm Bill to help ensure fair trade
and competition in the livestock and poultry industries.
These regulations are intended to address the increased use of
contracting in the marketing and production of livestock and poultry by
entities under the jurisdiction of the P&S Act, and practices that
result from the use of market power and alterations in private property
rights, which violate the spirit and letter of the P&S Act. The effect
increased contracting has had, and continues to have, on individual
agricultural producers has significantly changed the industry and the
rural economy as a whole, making these proposed regulations necessary.
Summary of Legal Basis:
Section 407 of the P&S Act (7 U.S.C. 228) provides that the Secretary
``may make such rules, regulations, and orders as may be necessary to
carry out the provisions of this Act.'' Sections 11005 and 11006 of the
Farm Bill became effective June 18, 2008, and instruct the Secretary to
promulgate additional regulations as described in this notice of
proposed rulemaking.
Alternatives:
The Farm Bill explicitly directs the Secretary to promulgate certain
regulations. GIPSA determined that additional regulations are necessary
to provide notice to all regulated entities of types of practices and
conduct that GIPSA considers ``unfair'' so that regulated entities are
fully informed of actions or practices that are considered ``unfair''
and, therefore, prohibited. Within both the mandatory and discretionary
regulatory provisions, we considered alternative options.
For example, GIPSA considered shorter notice periods in situations when
a live poultry dealer suspends delivery of birds to a poultry grower.
These alternatives would not have provided adequate trust and integrity
in the livestock and poultry markets. Other alternatives may have been
more restrictive. We considered prohibiting the use of arbitration to
resolve disputes; however, that option goes against a popular method of
dispute resolution in other industries and is not in line with the
spirit of the 2008 Farm Bill. GIPSA believes that this proposed rule
represents the best option to level the playing field between packers,
swine contractors, live poultry dealers, and the Nation's poultry
growers, swine production contract growers, or livestock producers for
the benefit of more efficient marketing and public good.
Anticipated Cost and Benefits:
Costs:
Costs are aggregated into three major types: 1) Administrative costs,
which include items such as office work, postage, filing, and copying;
2) costs of analysis, such as a business conducting a profit-loss
analysis; and 3) adjustment costs, such as costs related to changing
business behavior to achieve compliance with the proposed regulation.
Benefits:
Benefits are also aggregated into three major groups: 1) Increased
pricing
[[Page 79480]]
efficiency; 2) allocation efficiency; and 3) competitive efficiency.
Risks:
None.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 06/22/10 75 FR 35338
NPRM Comment Period End 08/23/10
Final Action 03/00/11
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
H. Tess Butler
Regulatory Liaison
Department of Agriculture
Grain Inspection, Packers and Stockyards Administration
1400 Independence Avenue SW
Washington, DC 20250
Phone: 202 720-7486
Fax: 202 690-2173
Email: [email protected]
RIN: 0580-AB07
_______________________________________________________________________
USDA--Food and Nutrition Service (FNS)
-----------
PROPOSED RULE STAGE
-----------
10. ELIGIBILITY, CERTIFICATION, AND EMPLOYMENT AND TRAINING PROVISIONS
OF THE FOOD, CONSERVATION, AND ENERGY ACT OF 2008
Priority:
Economically Significant. Major under 5 USC 801.
Legal Authority:
PL 110-246; PL 104-121
CFR Citation:
7 CFR 273
Legal Deadline:
None
Abstract:
This proposed rule would amend the regulations governing the
Supplemental Nutrition Assistance Program (SNAP) to implement
provisions from the Food, Conservation, and Energy Act of 2008 (Pub. L.
110-246) (FCEA) concerning the eligibility and certification of SNAP
applicants and participants and SNAP employment and training. In
addition, this proposed rule would revise the SNAP regulations
throughout 7 CFR part 273 to change the program name from the Food
Stamp Program to SNAP and to make other nomenclature changes as
mandated by the FCEA. The statutory effective date of these provisions
was October 1, 2008. Food and Nutrition Service (FNS) is also proposing
two discretionary revisions to SNAP regulations to provide State
agencies options that are currently available only through waivers.
These provisions would allow State agencies to average student work
hours and to provide telephone interviews in lieu of face-to-face
interviews. FNS anticipates that this rule would impact the associated
paperwork burdens (08-006).
Statement of Need:
This proposed rule would amend the regulations governing SNAP to
implement provisions from the FCEA concerning the eligibility and
certification of SNAP applicants and participants and SNAP employment
and training. In addition, this proposed rule would revise the SNAP
regulations throughout 7 CFR part 273 to change the program name from
the Food Stamp Program to SNAP and to make other nomenclature changes
as mandated by the FCEA. The statutory effective date of these
provisions was October 1, 2008. FNS is also proposing 2 discretionary
revisions to SNAP regulations to provide State agencies options that
are currently available only through waivers. These provisions would
allow State agencies to average student work hours and to provide
telephone interviews in lieu of face-to-face interviews. FNS
anticipates that this rule would impact the associated paperwork
burdens.
Summary of Legal Basis:
Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246).
Alternatives:
Because this proposed rule is under development, alternatives are not
yet articulated. The rule would implement statutory requirements set
forth by the Food, Conservation, and Energy Act of 2008 concerning SNAP
eligibility and certification rules.
Anticipated Cost and Benefits:
FNS is currently developing estimates of the anticipated costs and
benefits of this rule. Anticipated principle effects would be on
paperwork burdens.
Risks:
The statutory changes and discretionary ones under consideration would
streamline program operations. The changes are expected to reduce the
risk of inefficient operations.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 01/00/11
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Local, State
Agency Contact:
James F. Herbert
Regulatory Review Specialist
Department of Agriculture
Food and Nutrition Service
10th Floor
3101 Park Center Drive
Alexandria, VA 22302
Phone: 703 305-2572
Email: [email protected]
RIN: 0584-AD87
_______________________________________________________________________
USDA--FNS
11. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM: FARM BILL OF 2008
RETAILER SANCTIONS
Priority:
Economically Significant. Major under 5 USC 801.
Legal Authority:
PL 110-246
CFR Citation:
7 CFR 276
Legal Deadline:
None
Abstract:
This proposed rule would implement provisions under section 4132 of the
Food, Conservation, and Energy Act of 2008, also referred to as the
Farm Bill of 2008. Under section 4132, the Department of Agriculture's
Food and Nutrition Service (FNS) is provided with greater authority and
flexibility when sanctioning retail or wholesale food stores that
violate Supplemental Nutrition Assistance Program (SNAP) rules.
Specifically, the Department is authorized to assess a civil penalty
and to disqualify a retail or wholesale food
[[Page 79481]]
store authorized to participate in SNAP. Previously, the Department
could assess a civil penalty or disqualification, but not both. Section
4132 also eliminates the minimum disqualification period which was
previously set at 6 months.
In addition to implementing statutory provisions, this rule proposes to
provide a clear administrative penalty when an authorized retailer or
wholesale food store redeems a SNAP participant's Program benefits
without the knowledge of the participant. All Program benefits are
issued through the Electronic Benefits Transfer (EBT) system. The EBT
system establishes data that may be used to identify fraud committed by
retail food stores. While stealing Program benefits could be prosecuted
under current statute, Program regulations do not provide a clear
penalty for these thefts. The proposed rule would establish an
administrative penalty for such thefts equivalent to the penalty for
trafficking in Program benefits, which is the permanent
disqualification of a retailer or wholesale food store from SNAP
participation.
Finally, the Department proposes to identify additional administrative
retail violations and the associated sanction that would be imposed
against the retail food store for committing the violation. For
instance, to maintain integrity, FNS requires retail and wholesale food
stores to key enter EBT card data in the presence of the actual EBT
card.
The proposed rule would codify this requirement and identify the
specific sanction that would be imposed if retail food stores are found
to be in violation (08-007).
Statement of Need:
This proposed rule would implement provisions under section 4132 of the
Food, Conservation, and Energy Act of 2008, also referred to as the
Farm Bill of 2008. Under section 4132, the Department of Agriculture's
Food and Nutrition Service (FNS) is provided with greater authority and
flexibility when sanctioning retail or wholesale food stores that
violate Supplemental Nutrition Assistance Program (SNAP) rules.
Specifically, the Department is authorized to assess a civil penalty
and to disqualify a retail or wholesale food store authorized to
participate in SNAP. Previously, the Department could assess a civil
penalty or disqualification, but not both. Section 4132 also eliminates
the minimum disqualification period which was previously set at six
months. In addition to implementing statutory provisions, this rule
proposes to provide a clear administrative penalty when an authorized
retailer or wholesale food store redeems a SNAP participant's Program
benefits without the knowledge of the participant. All Program benefits
are issued through the Electronic Benefits Transfer (EBT) system. The
EBT system establishes data that may be used to identify fraud
committed by retail food stores. While stealing Program benefits could
be prosecuted under current statute, Program regulations do not provide
a clear penalty for these thefts. The proposed rule would establish an
administrative penalty for such thefts equivalent to the penalty for
trafficking in Program benefits, which is the permanent
disqualification of a retailer or wholesale food store from SNAP
participation. Finally, the Department proposes to identify additional
administrative retail violations and the associated sanction that would
be imposed against the retail food store for committing the violation.
For instance, to maintain integrity, FNS requires retail and wholesale
food stores to key enter EBT card data in the presence of the actual
EBT card. The proposed rule would codify this requirement and identify
the specific sanction that would be imposed if retail food stores are
found to be in violation.
Summary of Legal Basis:
Section 4132, Food, Conservation, and Energy Act of 2008 (Pub. L. 110-
246).
Alternatives:
Because this proposed rule is under development alternatives are not
yet articulated.
Anticipated Cost and Benefits:
Because this proposed rule is under development anticipated costs and
benefits have not yet been articulated.
Risks:
The risk that retail or wholesale food stores will violate SNAP rules,
or continue to violate SNAP rules, is expected to be reduced by
refining program sanctions for participating retailers and wholesalers.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 09/00/11
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Federalism:
Undetermined
Additional Information:
Note: This RIN replaces the previously issued RIN 0584-AD78.
Agency Contact:
James F. Herbert
Regulatory Review Specialist
Department of Agriculture
Food and Nutrition Service
10th Floor
3101 Park Center Drive
Alexandria, VA 22302
Phone: 703 305-2572
Email: [email protected]
RIN: 0584-AD88
_______________________________________________________________________
USDA--FNS
12. FRESH FRUIT AND VEGETABLE PROGRAM
Priority:
Other Significant
Legal Authority:
Food, Conservation, and Energy Act of 2008; National School Lunch Act
(NSLA); 42 USC 1769(a)
CFR Citation:
7 CFR 211
Legal Deadline:
None
Abstract:
The Food, Conservation, and Energy Act of 2008 amended the National
School Lunch Act (NSLA) to add section 19, the Fresh Fruit and
Vegetable Program (FFVP). Section 19 establishes the FFVP as a
permanent national program in a select number of schools in each State,
the District of Columbia, Guam, Puerto Rico, and the Virgin Islands.
Schools in all States must apply annually for FFVP funding.
This proposed rule would implement statutory requirements currently
established through program policy and guidance for operators at the
State and local level. The proposed rule would set forth requirements
detailed in the statute for school selection and participation, State
agency outreach to needy schools, the yearly application process, and
the funding and allocation processes for schools and States. The
proposed rule would also include the statutory per student funding
range and the requirement for a program evaluation.
[[Page 79482]]
In addition, the proposed rule would establish oversight activity and
reporting and recordkeeping requirements that are not included in FFVP
statutory requirements. Implementation of this rule is not expected to
result in expenses for program operators because they receive funding
to cover food purchases and administrative costs (09-007).
Statement of Need:
The Food, Conservation, and Energy Act of 2008 amended the National
School Lunch Act (NSLA) to add section 19, the Fresh Fruit and
Vegetable Program (FFVP). Section 19 establishes the FFVP as a
permanent national program in a select number of schools in each State,
the District of Columbia, Guam, Puerto Rico, and the Virgin Islands.
Schools in all States must apply
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.