This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

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rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

3987 

Vol. 86, No. 10 

Friday, January 15, 2021 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2020–0094] 

Notice of Availability of a Draft Federal 

Select Agent Program Policy 

Statement for Biosafety for Large 

Animal Study-Related Activities With 

Brucella abortus and Brucella suis 

Using Outdoor Containment Spaces 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice of availability. 

SUMMARY: We are advising the public 

that the Animal and Plant Health 

Inspection Service (APHIS) is making a 

draft Federal Select Agent Program 

(FSAP) policy statement related to 

brucella available. This policy statement 

will aid individuals and entities on how 

to develop biosafety plans for outdoor 

host animal studies involving swine, 

elk, bison, and cattle to further 

brucellosis research in accordance with 

the select agent and toxin regulations, as 

well as how to submit such plans to 

FSAP (administered jointly by the 

Centers for Disease Control and 

Prevention (CDC) and APHIS) for 

approval. We are making this draft 

policy statement available to the public 

for review and comment. This notice is 

being issued as a companion to a notice 

issued by CDC, which is also published 

in today’s Federal Register. 

DATES: We will consider all comments 

that we receive on or before February 

16, 2021. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/#!docket

Detail;D=APHIS-2020-0094. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2020–0094, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

The draft policy statement and any 

comments we receive may be viewed at 

http://www.regulations.gov/ 

#!docketDetail;D=APHIS-2020-0094 or 

in our reading room, which is located in 

room 1620 of the USDA South Building, 

14th Street and Independence Avenue 

SW, Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

The draft policy statement is also 

available at the following internet 

address: https://www.selectagents.gov/ 

regulations/policy/animalstudy.htm. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Jacek Taniewski, DVM, Director, 

Division of Agricultural Select Agents 

and Toxins, ERCS, APHIS, 4700 River 

Road, Riverdale, MD 20737; (301) 851– 

3352; jacek.taniewski@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Public Health Security and 

Bioterrorism Preparedness and 

Response Act of 2002 (42 U.S.C. 262a) 

and the Agricultural Bioterrorism 

Protection Act of 2002 (7 U.S.C. 8401) 

provide for the regulation of certain 

biological agents and toxins that have 

the potential to pose a severe threat to 

human, animal, and plant health, or to 

animal and plant products. The Animal 

and Plant Health Inspection Service 

(APHIS) has the primary responsibility 

for implementing the provisions of the 

Agricultural Bioterrorism Protection Act 

of 2002 within the U.S. Department of 

Agriculture (USDA). The Centers for 

Disease Control and Prevention (CDC) 

has the primary responsibility for 

implementing the provisions of The 

Public Health Security and Bioterrorism 

Preparedness and Response Act of 2002 

within the Department of Health and 

Human Services (HHS). Together, 

APHIS and CDC comprise the Federal 

Select Agent Program (FSAP) and 

oversee the possession, use, and transfer 

of biological agents and toxins, referred 

to as select agents and toxins. In 

accordance with the referenced Acts, 

APHIS and CDC promulgated the select 

agent and toxin regulations found in 7 

CFR part 331, 9 CFR part 121, and 42 

CFR part 73. Overlap select agents and 

toxins, listed in 9 CFR 121.4 and 42 CFR 

73.4, are those select agents and toxins 

that have been determined to pose a 

severe threat to public health and safety, 

to animal health, or to animal products. 

Overlap select agents and toxins are 

subject to regulation by both APHIS and 

CDC. 

Brucellosis, also known as contagious 

abortion or Bang’s disease, is a 

contagious, costly disease that has 

significant animal health, public health, 

and international trade consequences. 

While most often found in ruminant 

animals (e.g., cattle, bison, cervids, and 

swine), brucellosis can affect other 

animals and is transmissible to humans. 

Brucellosis is caused by a group of 

bacteria known scientifically as the 

genus Brucella. Two species of Brucella 

are of particular concern in the United 

States: B. abortus, principally affecting 

cattle, bison, and cervids, and B. suis, 

principally affecting swine and 

reindeer, but also cattle and bison. 

Brucellosis can be costly to 

agriculture production. In 1952, prior to 

established efforts to eradicate the 

disease, agriculture production losses 

due to brucellosis exceeded $400 

million. A cautionary indicator of the 

need for greater understanding of the 

disease is the expanding range of 

endemic B. abortus in the Greater 

Yellowstone Area and B. suis in feral 

swine populations throughout various 

areas of the United States. This disease 

expansion emphasizes the critical need 

for improved diagnostics, along with 

vaccine development for both Brucella 

species, which could be furthered by 

outdoor research studies. 

Both B. abortus and B. suis are 

currently listed as overlap select agents 

in APHIS’ and CDC’s select agent and 

toxin regulations (9 CFR 121.4(b) and 42 

CFR 73.4(b), respectively). Accordingly, 

any outdoor research studies must 

comport with the select agent and toxin 

regulations. Therefore, APHIS and CDC 

are issuing a draft FSAP policy 

statement on biosafety for large animal 

outdoor containment studies with B. 

abortus and B. suis to aid individuals 

and entities in the development of 

biosafety plans for such studies that 

meet the requirements of the select 

agent and toxin regulations. We are 

making this draft policy statement 

available to the public for review and 

comment on regulations.gov (see 

ADDRESSES above) and at https://

www.selectagents.gov/regulations/ 

3988 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Notices 

policy/animalstudy.htm. We will 

consider all comments that we receive 

on or before the date listed under the 

DATES section at the beginning of this 

notice. 

Copies of the draft policy statement 

are also available for public inspection 

at USDA, room 1620, South Building, 

14th Street and Independence Avenue 

SW, Washington, DC, between 8 a.m. 

and 4:30 p.m., Monday through Friday, 

except holidays. Persons wishing to 

inspect copies are requested to call 

ahead on (202) 799–7039 to facilitate 

entry into the reading room. In addition, 

copies may be obtained by calling or 

writing to the individual listed under 

FOR FURTHER INFORMATION CONTACT. 

Authority: 7 U.S.C. 8401; 7 CFR 2.22, 2.80, 

371.3, and 371.4. 

Done in Washington, DC, this 11th day of 

January 2021. 

Mark Davidson, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2021–00774 Filed 1–14–21; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

The Emergency Food Assistance 

Program; Availability of Foods for 

Fiscal Year 2021 

AGENCY: Food and Nutrition Service, 

USDA. 

ACTION: Notice. 

SUMMARY: This notice announces the 

surplus and purchased foods that the 

Department expects to make available 

for donation to States for use in 

providing nutrition assistance to the 

needy under The Emergency Food 

Assistance Program (TEFAP) in Fiscal 

Year (FY) 2021. The foods made 

available under this notice must, at the 

discretion of the State, be distributed to 

eligible recipient agencies (ERAs) for 

use in preparing meals and/or for 

distribution to households for home 

consumption. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Schoenian, Policy Branch, Food 

Distribution Division, Food and 

Nutrition Service, U.S. Department of 

Agriculture, 1320 Braddock Place, 

Alexandria, Virginia 22314 or telephone 

(703) 305–2937. 

SUPPLEMENTARY INFORMATION: In 

accordance with the provisions set forth 

in the Emergency Food Assistance Act 

of 1983 (EFAA), 7 U.S.C. 7501, et seq., 

and the Food and Nutrition Act of 2008, 

7 U.S.C. 2036, the Department makes 

foods available to States for use in 

providing nutrition assistance to those 

in need through TEFAP. In accordance 

with section 214 of the EFAA, 7 U.S.C. 

7515, funding for TEFAP foods is 

allocated among States according to a 

formula that accounts for poverty and 

unemployment levels within each State. 

Section 214(a)(1) of the Act requires that 

60 percent of each State’s allocation be 

based on the number of people with 

incomes below the poverty level within 

the State; and Section 214(a)(2) requires 

that the remaining 40 percent be equal 

to the percentage of the nation’s 

unemployed persons within the State. 

State officials are responsible for 

establishing the network through which 

the foods will be used by ERAs in 

providing nutrition assistance to those 

in need and for allocating foods among 

those ERAs. States have full discretion 

in determining the amount of foods that 

will be made available to ERAs for use 

in preparing meals and/or for 

distribution to households for home 

consumption. 

Surplus Foods 

Surplus foods donated for distribution 

under TEFAP are Commodity Credit 

Corporation (CCC) foods purchased 

under the authority of section 416 of the 

Agricultural Act of 1949, 7 U.S.C. 1431 

(section 416) and foods purchased 

under the surplus removal authority of 

section 32 of the Act of August 24, 1935, 

7 U.S.C. 612c (section 32). The types of 

foods typically purchased under section 

416 include dairy, grains, oils, and 

peanut products. The types of foods 

purchased under section 32 include 

meat, poultry, fish, vegetables, dry 

beans, juices, and fruits. Additionally, 

in FY 2020, the Department used CCC 

authority in the CCC Charter Act of 

1948, 15. U.S.C. 714, for the Food 

Purchase and Distribution Program 

(FPDP), under which surplus foods 

affected by trade retaliation were 

purchased for distribution through 

TEFAP and other federal nutrition 

programs. 

Approximately $496.54 million in 

surplus and $208.32 million in FPDP 

foods acquired in FY 2020 will be 

delivered to States in FY 2021. Surplus 

foods currently scheduled for delivery 

in FY 2021 include almonds, apples, 

beans, blueberries, butter, cheese, 

cherries, chicken, eggs, figs, grapefruit 

juice, grapes, haddock, hazelnuts, 

lentils, milk, mixed fruit, orange juice, 

oranges, peaches, pears, pecans, 

pistachios, ocean perch, plums, Alaska 

pollock, Atlantic pollock, pork, 

potatoes, raisins, raspberry puree, 

shrimp, tomato sauce, turkey, and 

walnuts. FPDP foods scheduled for 

delivery in FY 2021 include apples, 

beef, butter, cheese, chicken, corn, eggs, 

dried fruit mix, lamb, milk, mixed fruit, 

orange juice, oranges, peaches, plums, 

pork, and potatoes. Other surplus foods 

may be made available to TEFAP 

throughout the year. The Department 

would like to point out that food 

acquisitions are based on changing 

agricultural market conditions; 

therefore, the availability of foods is 

subject to change. 

Purchased Foods 

In accordance with section 27 of the 

Food and Nutrition Act of 2008, 7 

U.S.C. 2036, the Secretary is directed to 

purchase an estimated $322.5 million 

worth of foods in FY 2021 for 

distribution through TEFAP. In 

addition, States will receive 

supplemental foods provided through 

the Families First Coronavirus Response 

Act (Pub. L. 116–127, FFCRA) and the 

Coronavirus Aid, Relief, and Economic 

Security Act (Pub. L. 116–136, CARES 

Act). $309.5 million was provided 

through the FFCRA and $314.9 million 

through the CARES Act for 

supplemental food purchases made in 

FY 2020 and FY 2021. These foods are 

made available to States in addition to 

those surplus and FPDP foods which 

otherwise might be provided to States 

for distribution under TEFAP. 

For FY 2021, the Department 

anticipates purchasing the foods listed 

in the following table for distribution 

through TEFAP. The amounts of each 

item purchased will depend on the 

prices the Department must pay, as well 

as the quantity of each item requested 

by the States. Changes in agricultural 

market conditions may result in the 

availability of additional types of foods 

or the non-availability of one or more 

foods listed in the table. 

FY 2021 USDA FOODS AVAILABLE LIST FOR THE EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP) 

Fruits: 

Apples, Braeburn, Fresh 

Apples, Empire, Fresh 

Apples, Fuji, Fresh