Semiannual Regulatory Agenda, Spring 2023

DEPARTMENT OF AGRICULTURE

Office of the Secretary

2 CFR Subtitle B, Ch. IV

5 CFR Ch. LXXIII

7 CFR Subtitle A; Subtitle B, Chs. I-XI, XIV-XVIII, XX, XXV-XXXVIII, XLII

9 CFR Chs. I-III

36 CFR Ch. II

48 CFR Ch. 4

Semiannual Regulatory Agenda, Spring 2023

AGENCY:

Office of the Secretary, USDA.

ACTION:

Semiannual Regulatory Agenda.

SUMMARY:

This agenda provides summary descriptions of significant and not significant regulations being developed in agencies of the U.S. Department of Agriculture (USDA) in conformance with Executive Orders (E.O.) 12866, “Regulatory Planning and Review,” 13563, “Improving Regulation and Regulatory Review,” and 14094, “Modernizing Regulatory Review.” The agenda also describes regulations affecting small entities as required by section 602 of the Regulatory Flexibility Act, Public Law 96-354. This agenda also identifies regulatory actions that are being reviewed in compliance with section 610(c) of the Regulatory Flexibility Act. We invite public comment on those actions as well as any regulation consistent with Executive Order 13563.

USDA has attempted to list all regulations and regulatory reviews pending at the time of publication except for minor and routine or repetitive actions, but some may have been inadvertently missed. There is no legal significance to the omission of an item from this listing. Also, the dates shown for the steps of each action are estimated and are not commitments to act on or by the date shown.

USDA's complete regulatory agenda is available online at

www.reginfo.gov.

Because publication in the

Federal Register

is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), USDA's printed agenda entries include only:

(1) Rules that are likely to have a significant economic impact on a substantial number of small entities; and

(2) Rules identified for periodic review under section 610 of the Regulatory Flexibility Act.

FOR FURTHER INFORMATION CONTACT:

For further information on any specific entry shown in this agenda, please contact the person listed for that action. For general comments or inquiries about the agenda, please contact Mr. Michael Poe, Office of Budget and Program Analysis, U.S. Department of Agriculture, Washington, DC 20250, (202) 769-8247.

Dated: April 11, 2023.

Michael Poe,

Legislative and Regulatory Staff.

Agricultural Marketing Service—Proposed Rule Stage

Sequence No.

Title

Regulation

Identifier No.

1

Natural Grass Sod Promotion, Research, and Information Order (AMS-LP-21-0028)

0581-AE07

2

Organic Market Development for Mushrooms and Pet Food (AMS-NOP-22-0063)

0581-AE13

Agricultural Marketing Service—Final Rule Stage

Sequence No.

Title

Regulation

Identifier No.

3

Dairy Donation Program (AMS-DA-21-0013)

0581-AE00

4

Preserving Trust Benefits Under the Packers and Stockyards Act (AMS-FTPP-21-0015)

0581-AE01

5

Transparency in Poultry Grower Contracting and Tournaments (AMS-FTPP-21-0044)

0581-AE03

6

Inclusive Competition and Market Integrity Under the Packers and Stockyards Act (AMS-FTPP-21-0045)

0581-AE05

7

Organic Livestock and Poultry Standards (AMS-NOP-21-0073)

0581-AE06

Agricultural Marketing Service—Long-Term Actions

Sequence No.

Title

Regulation

Identifier No.

8

Organic Aquaculture Standards

0581-AD34

9

Inert Ingredients in Pesticides for Organic Production (AMS-NOP-21-0008)

0581-AE02

10

Organic Apiculture Production Standards

0581-AE12

Agricultural Marketing Service—Completed Actions

Sequence No.

Title

Regulation

Identifier No.

11

Strengthening Organic Enforcement (AMS-NOP-17-0065)

0581-AD09

Animal and Plant Health Inspection Service—Proposed Rule Stage

Sequence No.

Title

Regulation

Identifier No.

12

Revision to Horse Protection Act Regulations

0579-AE70

13

AQI User Fees

0579-AE71

Animal and Plant Health Inspection Service—Final Rule Stage

Sequence No.

Title

Regulation

Identifier No.

14

Animal Disease Traceability; Electronic Identification

0579-AE64

15

Importation of Bovine Meat From Paraguay

0579-AE73

Animal and Plant Health Inspection Service—Long-Term Actions

Sequence No.

Title

Regulation

Identifier No.

16

National List of Reportable Animal Diseases

0579-AE39

17

Microchipping, Verifiable Signatures, Government Official Endorsement, and Mandatory Forms for Importation of Live Dogs; Cage Standards for Domestic Dogs

0579-AE58

Animal and Plant Health Inspection Service—Completed Actions

Sequence No.

Title

Regulation

Identifier No.

18

Establishing AWA Standards for Birds

0579-AE61

Food and Nutrition Service—Long-Term Actions

Sequence No.

Title

Regulation

Identifier No.

19

National School Lunch and School Breakfast Programs: School Food Service Account Revenue Amendments Related to the Healthy, Hunger-Free Kids Act of 2010

0584-AE11

20

Technical Changes for Supplemental Nutrition Assistance Program (SNAP) Benefit Redemption Systems

0584-AE37

21

Providing Regulatory Flexibility for Retailers in the Supplemental Nutrition Assistance Program (SNAP)

0584-AE61

22

Strengthening Integrity and Reducing Retailer Fraud in the Supplemental Nutrition Assistance Program (SNAP)

0584-AE71

23

Special Supplemental Nutrition Program for Women, Infants and Children (WIC): WIC Online Ordering and Transactions and Food Delivery Revisions to Meet the Needs of a Modern, Data-Driven Program

0584-AE85

Forest Service—Final Rule Stage

Sequence No.

Title

Regulation

Identifier No.

24

Performance Bonding for Locatable Minerals

0596-AD58

DEPARTMENT OF AGRICULTURE (USDA)

Agricultural Marketing Service (AMS)

Proposed Rule Stage

1. Natural Grass Sod Promotion, Research, and Information Order (AMS-LP-21-0028) [0581-AE07]

Legal Authority:

7 U.S.C. 7411 to 7425

Abstract:

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

Timetable:

Action

Date

FR Cite

NPRM

07/00/23

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Jeana Harbison, Deputy Director of Livestock and Poultry Program, Department of Agriculture, Agricultural Marketing Service, Washington, DC 20024,

Phone:

202 690-3192,

Email: jeana.m.harbison@usda.gov.

RIN:

0581-AE07

2. Organic Market Development for Mushrooms and Pet Food (AMS-NOP-22-0063) [0581-AE13]

Legal Authority:

7 U.S.C. 6501

Abstract:

This action seeks comments on the proposed amendments to USDA organic regulations that would clarify production and handling requirements for a) organic pet food standards and b) organic mushrooms. These products are currently certified organic to the standards for similar products like those for human consumption (pet food) or for crops (mushrooms). The proposed action seeks to increase regulatory certainty for these markets and, in turn, support investment, product development, and availability of products in the market. The title and scope of the previous action for this RIN (05810-AE13) titled “Organic Pet Food Standards” has been revised to include the establishment of standards for the production and certification of mushrooms, which was previously proposed under now withdrawn RIN 0851-AE14.

Timetable:

Action

Date

FR Cite

NPRM

10/00/23

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Jennifer Tucker, Deputy Administrator, USDA National Organic Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250,

Phone:

202 260-8077,

Email: jennifer.tucker@usda.gov.

RIN:

0581-AE13

DEPARTMENT OF AGRICULTURE (USDA)

Agricultural Marketing Service (AMS)

Final Rule Stage

3. Dairy Donation Program (AMS-DA-21-0013) [0581-AE00]

Legal Authority:

Pub. L. 116-260, sec. 762

Abstract:

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

Timetable:

Action

Date

FR Cite

Interim Final Rule

09/01/21

86 FR 48887

Interim Final Rule Comment Period End

11/01/21

Final Rule

08/00/23

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Erin Taylor, Acting Director, Order Formulation and Enforcement Division, Department of Agriculture, Agricultural Marketing Service, Dairy Program, 1400 Independence Avenue SW, Room 2969-S, Washington, DC 20250,

Phone:

202 720-7311,

Email: erin.taylor@ams.usda.gov.

RIN:

0581-AE00

4. Preserving Trust Benefits Under the Packers and Stockyards Act (AMS-FTPP-21-0015) [0581-AE01]

Legal Authority:

Pub. L. 116-260, sec. 763

Abstract:

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

Timetable:

Action

Date

FR Cite

NPRM

05/05/22

87 FR 26695

NPRM Comment Period End

06/06/22

Final Rule

06/00/23

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Stuart Frank, Division Director, Packers and Stockyards Division, Department of Agriculture, Agricultural Marketing Service, Federal Building; Room 917, 210 Walnut Street, Des Moines, IA 50309,

Phone:

515 323-2586,

Email: stuart.frank@usda.gov.

RIN:

0581-AE01

5. Transparency in Poultry Grower Contracting and Tournaments (AMS-FTPP-21-0044) [0581-AE03]

Legal Authority:

7 U.S.C. 181 to 229c

Abstract:

This action amends regulations issued under the Packers and Stockyards Act (P&S Act), revising the list of disclosures and information live poultry dealers must furnish to poultry growers and sellers with whom dealers make poultry growing arrangements. The rule establishes parameters for the use of poultry grower ranking systems by dealers to determine settlement payments for poultry growers. Amendments are intended to promote transparency in poultry production contracting and to give poultry growers relevant information with which to make business decisions.

Timetable:

Action

Date

FR Cite

NPRM

06/08/22

87 FR 34980

NPRM Comment Period End

08/08/22

Notice of Reopening of Comment Period

08/08/22

87 FR 48091

NPRM Comment Period End

08/23/22

Final Rule

06/00/23

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Michael V. Durando, Deputy Administrator, Fair Trade Practices Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-0237,

Phone:

202 720-0219.

RIN:

0581-AE03

6. Inclusive Competition and Market Integrity Under the Packers and Stockyards Act (AMS-FTPP-21-0045) [0581-AE05]

Legal Authority:

7 U.S.C. 181 to 229c

Abstract:

This final rule would supplement a recent revision to regulations issued under the Packers and Stockyards Act (Act) (7 U.S.C. 181 229c) that provided criteria for the Secretary to consider when determining whether certain conduct or action by packers, swine contractors, or live poultry dealers is unduly or unreasonably or advantageous. Supplemental amendments clarify the conduct the Department considers unfair, preferential, unjustly discriminatory, or deceptive and a violation of sections 202(a) and (b) of the Act. The rule also clarifies the criteria and types of conduct that would be considered unduly or unreasonably preferential, advantageous, prejudicial, or disadvantageous and violations of the Act, including retaliatory practices that interfere with lawful communications, assertion of rights, and associational participation.

Timetable:

Action

Date

FR Cite

NPRM

10/03/22

87 FR 60010

NPRM Comment Period Extended

11/30/22

87 FR 73507

NPRM Comment Period End

12/02/22

NPRM Comment Period Extended End

01/17/23

Final Rule

09/00/23

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Michael V. Durando, Deputy Administrator, Fair Trade Practices Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-0237,

Phone:

202 720-0219.

RIN:

0581-AE05

7. Organic Livestock and Poultry Standards (AMS-NOP-21-0073) [0581-AE06]

Legal Authority:

7 U.S.C. 6501 to 7 U.S.C. 6524

Abstract:

This action would establish additional practice standards for organic livestock and poultry production. The rule would amend the USDA organic regulations related to: livestock and poultry living conditions (for example, outdoor access, housing environment, and stocking densities); animal health care (for example, physical alterations, administering medical treatment, and euthanasia); animal transport; and slaughter.

Timetable:

Action

Date

FR Cite

NPRM

08/09/22

87 FR 48562

NPRM Comment Period End

10/11/22

Comment Period Extended

10/11/22

87 FR 61268

Comment Period Extended End

11/10/22

Final Rule

08/00/23

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Erin Healy, Director, Standards Division, National Organic Program, Department of Agriculture, Agricultural Marketing Service, Washington, DC 20024,

Phone:

202 617-4942

Email: erin.healy@usda.gov.

RIN:

0581-AE06

DEPARTMENT OF AGRICULTURE (USDA)

Agricultural Marketing Service (AMS)

Long-Term Actions

8. Organic Aquaculture Standards [0581-AD34]

Legal Authority:

7 U.S.C. 6501 to 6522

Abstract:

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

Timetable:

Action

Date

FR Cite

NPRM

To Be Determined

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Jennifer Tucker,

Phone:

202 260-8077,

Email: jennifer.tucker@usda.gov.

RIN:

0581-AD34

9. Inert Ingredients in Pesticides for Organic Production (AMS-NOP-21-0008) [0581-AE02]

Legal Authority:

7 U.S.C. 6501 to 6524

Abstract:

Based on comments received from the advance notice of proposed rulemaking, this proposed rule seeks public comment on recommendations to replace outdated references in USDA's organic regulations to U.S. Environmental Protection Agency (EPA) policy on inert ingredients in pesticides. Inerts, also identified as `other ingredients' on pesticide labels, are any substances other than the active ingredient that are intentionally added to pesticide products. References to outdated EPA policy appear in the USDA organic regulations in the National List of Allowed and Prohibited Substances (National List) and identify the inert ingredients allowed in pesticides for organic production.

Timetable:

Action

Date

FR Cite

ANPRM

09/02/22

87 FR 54173

ANPRM Comment Period Extended

10/11/22

87 FR 61268

ANPRM Comment Period End

11/01/22

ANPRM Comment Period Extended End

12/31/22

NPRM

To Be Determined

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Jennifer Tucker,

Phone:

202 260-8077,

Email: jennifer.tucker@usda.gov.

RIN:

0581-AE02

10. Organic Apiculture Production Standards [0581-AE12]

Legal Authority:

7 U.S.C. 6501

Abstract:

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

Timetable:

Action

Date

FR Cite

NPRM

To Be Determined

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Jennifer Tucker,

Phone:

202 260-8077,

Email: jennifer.tucker@usda.gov.

RIN:

0581-AE12

DEPARTMENT OF AGRICULTURE (USDA)

Agricultural Marketing Service (AMS)

Completed Actions

11. Strengthening Organic Enforcement (AMS-NOP-17-0065) [0581-AD09]

Legal Authority:

7 U.S.C. 6501

Abstract:

The Strengthening Organic Enforcement (SOE) final rule would, once effective, amend the USDA organic regulations to strengthen oversight and enforcement of the production, handling, and sale of organic agricultural products.

Topics addressed in this rule include: Applicability of the regulations and exemptions from organic certification; National Organic Program Import Certificates; recordkeeping and product traceability; certifying agent personnel qualifications and training; standardized certificates of organic operation; unannounced on-site inspections of certified operations; oversight of certification activities; foreign conformity assessment systems; certification of grower group operations; labeling of nonretail containers; annual update requirements for certified operations; compliance and appeals processes; and calculating organic content of multi-ingredient products.

Completed:

Reason

Date

FR Cite

Final Rule

01/19/23

88 FR 3548

Final Action Effective

03/30/23

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Jennifer Tucker,

Phone:

202 260-8077,

Email: jennifer.tucker@usda.gov.

RIN:

0581-AD09

BILLING CODE 3410-02-P

DEPARTMENT OF AGRICULTURE (USDA)

Animal and Plant Health Inspection Service (APHIS)

Proposed Rule Stage

12. Revision to Horse Protection Act Regulations [0579-AE70]

Legal Authority:

15 U.S.C. 1823

Abstract:

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

Timetable:

Action

Date

FR Cite

NPRM

07/00/23

NPRM Comment Period End

09/00/23

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Lance Bassage, VMD, Director, National Policy Staff, Animal Care, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road Unit 84, Riverdale, MD 20737,

Phone:

301 851-3748,

Email: lance.h.bassage@usda.gov.

RIN:

0579-AE70

13. AQI User Fees [0579-AE71]

Legal Authority:

21 U.S.C. 136a

Abstract:

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

Timetable:

Action

Date

FR Cite

NPRM

06/00/23

NPRM Comment Period End

08/00/23

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

George Balady, PEIP Cost and Fee Analysis, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Riverdale, MD 20737,

Phone:

301 851-2338.

RIN:

0579-AE71

DEPARTMENT OF AGRICULTURE (USDA)

Animal and Plant Health Inspection Service (APHIS)

Final Rule Stage

14. Animal Disease Traceability; Electronic Identification [0579-AE64]

Legal Authority:

7 U.S.C. 8301

et seq.

Abstract:

This action amends APHIS' animal disease traceability regulations, currently codified at 9 CFR part 86. The primary change requires that APHIS will only recognize identification devices (

e.g.,

eartags) as official identification for cattle and bison covered by the regulations if the devices have both visual and electronic readability (EID). Other changes clarify language and requirements in several sections of part 86. These changes will enhance the U.S. traceability system to better achieve goals of rapidly tracing diseased and exposed animals and containing outbreaks.

Timetable:

Action

Date

FR Cite

NPRM

01/19/23

88 FR 3320

NPRM Comment Period End

03/20/23

NPRM Comment Period Extended

03/20/23

88 FR 16576

NPRM Comment Period Extended End

04/19/23

Final Rule

02/00/24

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Dr. Aaron Scott Ph.D., DACVPM, Director, Department of Agriculture, Animal and Plant Health Inspection Service, National Animal Disease Traceability and Veterinary Accreditation Center, APHIS Veterinary Services Strategy and Policy, 2150 Centre Avenue, Building B (Mail Stop 3E87), Fort Collins, CO 80526,

Phone:

970 494-7249,

Email: traceability@usda.gov.

RIN:

0579-AE64

15. Importation of Bovine Meat From Paraguay [0579-AE73]

Legal Authority:

7 U.S.C. 450; 7 U.S.C. 7701 to 7772; 7 U.S.C. 7781 to 7786; 7 U.S.C. 8301 to 8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701

Abstract:

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

Timetable:

Action

Date

FR Cite

NPRM

03/27/23

88 FR 18077

NPRM Comment Period End

05/26/23

Final Action—To Be Determined—APHIS Evaluating Public Comments

03/00/24

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Ingrid Kotowski, Regionalization Evaluation Services, VS, Department of Agriculture, Animal and Plant Health Inspection Service, 920 Main Campus Drive, Suite 200, Raleigh, NC 27606,

Phone:

919 855-7732.

RIN:

0579-AE73

DEPARTMENT OF AGRICULTURE (USDA)

Animal and Plant Health Inspection Service (APHIS)

Long-Term Actions

16. National List of Reportable Animal Diseases [0579-AE39]

Legal Authority:

7 U.S.C. 8301 to 8317

Abstract:

This rulemaking amends our disease regulations to provide for a National List of Reportable Animal Diseases, along with reporting

responsibilities for animal health professionals that encounter or suspect cases of communicable animal diseases and disease agents. The changes are necessary to streamline Federal cooperative animal disease detection, response, and control efforts. This action will consolidate and enhance current disease reporting mechanisms, and it will complement and supplement existing animal disease tracking and reporting at the State level.

Timetable:

Action

Date

FR Cite

NPRM

04/02/20

85 FR 18471

NPRM Comment Period End

06/01/20

NPRM Comment Period Reopened

08/18/20

85 FR 50796

NPRM Comment Period Reopened End

08/21/20

NPRM Comment Period Reopened

To Be Determined

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Jane Rooney,

Phone:

970 494-7397.

RIN:

0579-AE39

17. Microchipping, Verifiable Signatures, Government Official Endorsement, and Mandatory Forms for Importation of Live Dogs; Cage Standards for Domestic Dogs [0579-AE58]

Legal Authority:

7 U.S.C. 2131 to 2159

Abstract:

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

Timetable:

Action

Date

FR Cite

NPRM

06/00/24

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Lance Bassage,

Phone:

301 851-3748,

Email: lance.h.bassage@usda.gov

.

RIN:

0579-AE58

DEPARTMENT OF AGRICULTURE (USDA)

Animal and Plant Health Inspection Service (APHIS)

Completed Actions

18. Establishing AWA Standards for Birds [0579-AE61]

Legal Authority:

7 U.S.C. 2131 to 2159

Abstract:

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

Completed:

Reason

Date

FR Cite

Final Rule

02/21/23

88 FR 10654

Final Rule Effective

03/23/23

Final Rule; OFR Correction

02/24/23

88 FR 11779

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Cody Yager,

Phone:

970 494-7478,

Email: cody.m.yager@usda.gov

.

RIN:

0579-AE61

BILLING CODE 3410-34-P

DEPARTMENT OF AGRICULTURE (USDA)

Food and Nutrition Service (FNS)

Long-Term Actions

19. National School Lunch and School Breakfast Programs: School Food Service Account Revenue Amendments Related to the Healthy, Hunger-Free Kids Act of 2010 [0584-AE11]

Legal Authority:

Pub. L. 111-296

Abstract:

This rule amends National School Lunch Program (NSLP) regulations to conform to requirements contained in the Healthy, Hunger-Free Kids Act of 2010 regarding equity in school lunch pricing and revenue from non-program foods sold in schools. This rule requires school food authorities (SFAs) participating in the NSLP to provide the same level of financial support for lunches served to students who are not eligible for free or reduced-price lunches as is provided for lunches served to students eligible for free lunches. This rule also requires that all food sold in a school and purchased with funds from the nonprofit school food service account other than meals and supplements reimbursed by the Department of Agriculture must generate revenue at least proportionate to the cost of such foods.

Timetable:

Action

Date

FR Cite

Interim Final Rule

06/17/11

76 FR 35301

Interim Final Rule Effective

07/01/11

Interim Final Rule Comment Period End

09/15/11

Final Rule

09/00/25

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Michael DePiro,

Phone:

703 305-2876,

Email: michael.depiro@usda.gov

.

Maureen Lydon,

Phone:

703 457-7713,

Email: maureen.lydon@usda.gov

.

RIN:

0584-AE11

20. Technical Changes for Supplemental Nutrition Assistance Program (SNAP) Benefit Redemption Systems [0584-AE37]

Legal Authority:

Pub. L. 113-79

Abstract:

The Food and Nutrition Service (FNS) will propose changes that collectively modernize SNAP benefit issuance and increase program integrity while streamlining program administration, offering greater flexibility to State agencies, and improving customer service. The rule will propose to codify provisions of the 2014 Farm Bill, the 2018 Farm Bill, and respond to 2018 OIG audit findings. The rule will propose to codify 2014 Farm Bill provisions requiring most SNAP-authorized retailers to pay the costs associated with EBT equipment, supplies and related services and requirements pertaining to the online SNAP payment option. This rule would also propose to codify waivers that have been granted to State agencies to implement practices that have proven beneficial as the EBT system has developed and matured and update EBT system technical and functional requirements.

Timetable:

Action

Date

FR Cite

NPRM

06/00/25

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Charles H. Watford,

Phone:

703 605-0800,

Email: charles.watford@usda.gov

.

Maureen Lydon,

Phone:

703 457-7713,

Email: maureen.lydon@usda.gov

.

RIN:

0584-AE37

21. Providing Regulatory Flexibility for Retailers in the Supplemental Nutrition Assistance Program (SNAP) [0584-AE61]

Legal Authority:

Pub. L. 113-79; 7 U.S.C. 2011 to 2036

Abstract:

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

Timetable:

Action

Date

FR Cite

NPRM

04/05/19

84 FR 13555

NPRM Comment Period End

06/04/19

NPRM Comment Period Reopened

06/14/19

84 FR 27743

NPRM Comment Period Reopen End

06/20/19

Final Action

04/00/25

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Charles H. Watford,

Phone:

703 605-0800,

Email: charles.watford@usda.gov

.

Maureen Lydon,

Phone:

703 457-7713,

Email: maureen.lydon@usda.gov

.

RIN:

0584-AE61

22. Strengthening Integrity and Reducing Retailer Fraud in the Supplemental Nutrition Assistance Program (SNAP) [0584-AE71]

Legal Authority:

Pub. L. 113-79; Pub. L. 115-334

Abstract:

This proposed rule would implement statutory provisions of the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill), the Agriculture Improvement Act of 2018 (the 2018 Farm Bill), and other language intended to deter retailer fraud, abuse, and non-compliance in the Supplemental Nutrition Assistance Program (SNAP).

Timetable:

Action

Date

FR Cite

NPRM

11/00/24

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Charles H. Watford,

Phone:

703 605-0800,

Email: charles.watford@usda.gov

.

Maureen Lydon,

Phone:

703 457-7713,

Email: maureen.lydon@usda.gov

.

RIN:

0584-AE71

23. Special Supplemental Nutrition Program for Women, Infants and Children (WIC): WIC Online Ordering and Transactions and Food Delivery Revisions To Meet the Needs of a Modern, Data-Driven Program [0584-AE85]

Legal Authority:

Pub. L. 111-296

Abstract:

This final rulemaking addresses key regulatory barriers to online ordering in the WIC Program by making changes to the provisions that prevent online transactions and types of online capable stores from participating in the Program. This rule will also allow FNS to modernize WIC vendor regulations that do not reflect current technology and facilitate the Program's transition to EBT. FNS will consider public comments received during the proposed rulemaking stage in development of this final rule.

Timetable:

Action

Date

FR Cite

NPRM

02/23/23

88 FR 11516

NPRM Comment Period End

05/24/23

Final Action

02/00/25

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Michael DePiro,

Phone:

703 305-2876,

Email: michael.depiro@usda.gov.

Maureen Lydon, Phone: 703 457-7713,

Email: maureen.lydon@usda.gov.

RIN:

0584-AE85

BILLING CODE 3410-30-P

DEPARTMENT OF AGRICULTURE (USDA)

Forest Service (FS)

Final Rule Stage

24. • Performance Bonding for Locatable Minerals [0596-AD58]

Legal Authority:

Organic Administration Act of June 4, 1897; 30 Stat. 34, 36 (16 U.S.C. 478, 482, 551); General Mining Act of 1872, as amended; 17 Stat. 91 (30 U.S.C. 22-54); Surface Resources Act, Pub. L. 167, July 23, 1955, 69 stat. 368. (30 U.S.C. 601, 603, 611-15)

Abstract:

This rulemaking would revise Locatable Minerals regulations at 36 CFR 228.13 to allow AA or AAA-rated investments within trust funds as financial guarantee for long-term post-closure obligations.This would create consistency with existing BLM regulations and respond to an immediate programmatic need to provide a viable mechanism for financing long-term, post-closure environmental obligations, which is crucial to the stewardship and restoration of NFS lands affected by mining. This final rule will help meet the Administration's priority to improve service delivery, customer experience, and reduce administrative burdens for those accessing public benefits and services.

Timetable:

Action

Date

FR Cite

Interim Final Rule

08/00/23

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Nathan Morris, Department of Agriculture, Forest Service, 201 14th Street SW, Washington, DC 20024,

Phone:

202 205-0833,

Email: nathan.morris@usda.gov.

RIN:

0596-AD58

[FR Doc. 2023-14539 Filed 7-26-23; 8:45 am]

BILLING CODE 3410-11-P