41172 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

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 2021 

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,’’ and 13563, ‘‘Improving 

Regulation and 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) 720–3257. 

Dated: March 31, 2021. 

Michael Poe, 

Legislative and Regulatory Staff. 

AGRICULTURAL MARKETING SERVICE—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

1 ........................ Poultry Grower Ranking Systems .................................................................................................................... 0581–AE03 

2 ........................ Clarification of Scope of the Packers and Stockyards Act .............................................................................. 0581–AE04 

3 ........................ Unfair Practices in Violation of the Packers and Stockyards Act .................................................................... 0581–AE05 

AGRICULTURAL MARKETING SERVICE—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

4 ........................ Dairy Donation Program (AMS–DA–21–0013) ................................................................................................ 0581–AE00 

AGRICULTURAL MARKETING SERVICE—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

5 ........................ NOP; Strengthening Organic Enforcement (AMS–NOP–17–0065) ................................................................ 0581–AD09 

6 ........................ National Organic Program—Organic Aquaculture Standards ......................................................................... 0581–AD34 

7 ........................ NOP; Inert Ingredients in Pesticides for Organic Production (AMS–NOP–21–0008) ..................................... 0581–AE02 

AGRICULTURAL MARKETING SERVICE—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

8 ........................ Undue and Unreasonable Preferences and Advantages Under the Packers and Stockyards Act (AMS– 

FTTP–18–0101).

0581–AD81 

9 ........................ Establishment of a Domestic Hemp Production Program (AMS–SC–19–0042) ............................................. 0581–AD82 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

10 ...................... Handling of Animals; Contingency Plans ......................................................................................................... 0579–AC69 


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ANIMAL AND PLANT HEALTH INSPECTION SERVICE—PROPOSED RULE STAGE—Continued 

Sequence No. Title Regulation 

Identifier No. 

11 ...................... Animal Disease Traceability; Electronic Identification ..................................................................................... 0579–AE64 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

12 ...................... Bovine Spongiform Encephalopathy and Scrapie; Importation of Small Ruminants and Their Germplasm, 

Products, and Byproducts.

0579–AD10 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

13 ...................... Importation of Fresh Citrus Fruit From the Republic of South Africa Into the Continental United States ...... 0579–AD95 

14 ...................... Horse Protection; Licensing of Designated Qualified Persons and Other Amendments ................................ 0579–AE19 

15 ...................... National List of Reportable Animal Diseases .................................................................................................. 0579–AE39 

16 ...................... Requiring Microchipping, Verifiable Signatures, Government Official Endorsement, and Mandatory Forms 

for Importation of Live Dogs.

0579–AE58 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

17 ...................... Animal Welfare: Marine Mammals; Nonconsensus Language and Interactive Programs .............................. 0579–AB24 

18 ...................... Removal of Emerald Ash Borer Domestic Quarantine Regulations ................................................................ 0579–AE42 

FOOD AND NUTRITION SERVICE—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

19 ...................... Strengthening Integrity and Reducing Retailer Fraud in the Supplemental Nutrition Assistance Program 

(SNAP).

0584–AE71 

20 ...................... Special Supplemental Nutrition Program for Women, Infants and Children (WIC): WIC Online Ordering 

and Transactions.

0584–AE85 

FOOD AND NUTRITION SERVICE—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

21 ...................... 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 

22 ...................... Modernizing Supplemental Nutrition Assistance Program (SNAP) Benefit Redemption Systems ................. 0584–AE37 

23 ...................... Supplemental Nutrition Assistance Program (SNAP): Electronic Benefits Transfer Requirements for Scanning and Product-Lookup Technology.0584–AE39 

24 ...................... National School Lunch and School Breakfast Programs: Nutrition Standards for All Foods Sold in School, 

as Required by the Healthy, Hunger-Free Kids Act of 2010.

0584–AE55 

25 ...................... Providing Regulatory Flexibility for Retailers in the Supplemental Nutrition Assistance Program (SNAP) .... 0584–AE61 

FOREST SERVICE—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

26 ...................... Special Uses—Communications Uses Rent .................................................................................................... 0596–AD43 


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DEPARTMENT OF AGRICULTURE 

(USDA) 

Agricultural Marketing Service (AMS) 

Proposed Rule Stage 

1. • Poultry Grower Ranking Systems 

Legal Authority: 7 U.S.C. 181 to 229c 

Abstract: The U.S. Department of 

Agriculture’s Agricultural Marketing 

Service proposes to amend the 

regulations issued under the Packers 

and Stockyards Act (P&S Act) to address 

the use of poultry grower ranking 

systems as a method of payment and 

settlement grouping for poultry growers 

under contract in poultry growing 

arrangements with live poultry dealers. 

The proposed regulation would 

establish certain requirements with 

which a live poultry dealer must 

comply if a poultry grower ranking 

system is utilized to determine grower 

payment. A live poultry dealer’s failure 

to comply would be deemed an unfair, 

unjustly discriminatory, and deceptive 

practice. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/21 

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 

2. • Clarification of Scope of the 

Packers and Stockyards Act 

Legal Authority: 7 U.S.C. 181 to 229c 

Abstract: USDA proposes to revise the 

regulations issued under the Packers 

and Stockyards Act (Act) (7 U.S.C. 181 

229c) to provide clarity regarding 

conduct that may violate the Act. This 

action is intended to support market 

growth, assure fair trade practices and 

competition, and protect livestock and 

poultry growers and producers. The 

proposed rule addresses long-standing 

issues related to competitiveness and 

whether all allegations of violations of 

the Act must be accompanied by a 

showing of harm or likely harm to 

competition. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/21 

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–AE04 

3. • Unfair Practices in Violation of the 

Packers and Stockyards Act 

Legal Authority: 7 U.S.C. 181 to 229c 

Abstract: USDA proposes to 

supplement a recent revision to 

regulations issued under the Packers 

and Stockyards Act (Act) (7 U.S.C. 181 

229c) that provided criteria for the 

Secretary to consider when determining 

whether certain conduct or action by 

packers, swine contractors, or live 

poultry dealers is unduly or 

unreasonably preferential or 

advantageous. The proposed 

supplemental amendments would 

clarify the conduct the Department 

considers unfair, unjustly 

discriminatory, or deceptive and a 

violation of sections 202(a) and (b) of 

the Act. USDA would also clarify the 

criteria and types of conduct that would 

be considered unduly or unreasonably 

preferential, advantageous, prejudicial, 

or disadvantageous and violations of the 

Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/21 

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 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Agricultural Marketing Service (AMS) 

Final Rule Stage 

4. • Dairy Donation Program (AMS– 

DA–21–0013) 

Legal Authority: Pub. L. 116–260, sec. 

762 

Abstract: The Dairy Donation Program 

rulemaking will comply with 

Consolidated Appropriations Act of 

2021 mandates. Dairy Donation Program 

will implement a voluntary program 

that will reimburse eligible dairy 

organizations for milk used to make 

eligible dairy products donated to nonprofit groups for distribution to lowincome persons. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 06/00/21 

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 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Agricultural Marketing Service (AMS) 

Long-Term Actions 

5. NOP; Strengthening Organic 

Enforcement (AMS–NOP–17–0065) 

Legal Authority: 7 U.S.C. 6501 

Abstract: The Strengthening Organic 

Enforcement (SOE) rulemaking will 

address 2018 Farm Bill mandates. In 

summary, SOE will follow requirements 

that align with the Farm Bill: 

• Limiting the types of operations in 

the organic supply chain that are not 

required to obtain organic certification; 

• Imported organic products must be 

accompanied by an electronic import 

certificate to validate organic status; 

• Import certificates will be 

submitted to the U.S. Customs and 

Border Protection’s Automated 

Commercial Environment (ACE); 

• Certifying agents must notify USDA 

within 90 days of the opening of any 

new office that conducts certification 

activities; and, 

• Entities acting on behalf of 

certifying agents may be suspended 

when there is noncompliant activity. 

Timetable: 

Action Date FR Cite 

Proposed Rule .... 08/05/20 85 FR 47536 

Comment Period 

End.

10/05/20 

Final Rule ............ To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Tucker, 

Phone: 202 260–8077. 

RIN: 0581–AD09 


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6. National Organic Program—Organic 

Aquaculture Standards 

Legal Authority: 7 U.S.C. 6501 to 6522 

Abstract: This action proposes to 

establish standards for organic 

production and certification of farmed 

aquatic animals and their products in 

the USDA organic regulations. This 

action would also add aquatic animals 

as a scope of certification and 

accreditation under the National 

Organic Program (NOP). 

Timetable: Next Action 

Undetermined. 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Tucker, 

Phone: 202 260–8077. 

RIN: 0581–AD34 

7. • NOP; Inert Ingredients in Pesticides 

for Organic Production (AMS–NOP–21– 

0008) 

Legal Authority: 7 U.S.C. 6501 to 6524 

Abstract: This Advanced Notice of 

Proposed Rulemaking (ANPR) requests 

comments on options for replacing 

outdated references in USDA’s organic 

regulations to U.S. Environmental 

Protection Agency (EPA) policy on inert 

ingredients in pesticides. Inerts, also 

known as other ingredients, are any 

substances other than the active 

ingredient that are intentionally added 

to pesticide products. The references to 

outdated EPA policy appear in the 

USDA organic regulations in the 

National List of Allowed and Prohibited 

Substances (National List) and identify 

the inert ingredients allowed in 

pesticides for organic production. 

Timetable: 

Action Date FR Cite 

ANPRM ............... To Be Determined 

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. 

RIN: 0581–AE02 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Agricultural Marketing Service (AMS) 

Completed Actions 

8. Undue and Unreasonable Preferences 

and Advantages Under the Packers and 

Stockyards Act (AMS–FTTP–18–0101) 

Legal Authority: Pub. L. 110–234 

Abstract: This final rule amended the 

regulations issued under the Packers 

and Stockyards Act (P&S Act) by adding 

new regulations that specify the criteria 

the Secretary could consider in 

determining whether conduct or action 

by packers, swine contractors, or live 

poultry dealers constitutes an undue or 

unreasonable preference or advantage 

and a violation of the P&S Act. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 12/11/20 85 FR 79779 

Effective .............. 01/11/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael V. Durando, 

Phone: 202 720–0219. 

RIN: 0581–AD81 

9. Establishment of a Domestic Hemp 

Production Program (AMS–SC–19– 

0042) 

Legal Authority: 7 U.S.C. 1621 

Abstract: This action added new part 

990 establishing rules and regulations 

for the domestic production of hemp. 

This action implemented provisions of 

the Agriculture Improvement Act of 

2018 (Farm Bill). 

Completed: 

Reason Date FR Cite 

Reopening of 

Comment Period End.

10/08/20 

Final Rule ............ 01/19/21 86 FR 5596 

Final Rule Effective.03/22/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sonia Jimenez, 

Phone: 202 720–4722, Email: 

sonia.jimenez@usda.gov. 

RIN: 0581–AD82 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Animal and Plant Health Inspection 

Service (APHIS) 

Proposed Rule Stage 

10. Handling of Animals; Contingency 

Plans 

Legal Authority: 7 U.S.C. 2131 to 2159 

Abstract: The Animal and Plant 

Health Inspection Service issued a final 

rule on December 31, 2012, to establish 

regulations under which research 

facilities and dealers, exhibitors, 

intermediate handlers, and carriers must 

meet certain requirements for 

contingency planning and training of 

personnel. Implementation of the final 

rule was stayed on July 31, 2013, so that 

the agency could conduct additional 

review to further consider the impact of 

contingency plan requirements on 

regulated entities. Since that time, we 

have conducted such a review, and the 

2021 Congressional Appropriations Act 

has required us to propose to lift the 

stay. We are therefore proposing to lift 

the stay and make minor revisions to the 

requirements in order to update 

compliance dates and clarify intent. The 

lifting of the stay and proposed 

revisions would better ensure that 

entities responsible for animals 

regulated under the Animal Welfare Act 

are prepared to safeguard the health and 

welfare of such animals in the event of 

possible emergencies or disasters. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/23/08 73 FR 63085 

NPRM Comment 

Period End.

12/22/08 

NPRM Comment 

Period Extended.

12/19/08 73 FR 77554 

NPRM Comment 

Period Extended End.

02/20/09 

Final Rule ............ 12/31/12 77 FR 76815 

Final Rule Effective.01/30/13 

Final Rule—Stay 

of Regulations.

07/31/13 78 FR 46255 

Final Rule Effective—Stay of 

Regulations.

07/31/13 

NPRM .................. 06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Elizabeth 

Theodorson, Assistant Deputy 

Administrator, Animal Care, 

Department of Agriculture, Animal and 

Plant Health Inspection Service, 4700 

River Road, Unit 86, Riverdale, MD 

20737, Phone: 970 494–7473. 

RIN: 0579–AC69 

11. • Animal Disease Traceability; 

Electronic Identification 

Legal Authority: 7 U.S.C. 8301, et seq. 

Abstract: This action would amend 

APHIS’ animal disease traceability 

regulations, currently codified at 9 CFR 

part 86. The primary proposed change 

would require that beginning January 1, 

2023, APHIS would only recognize 

identification devices (e.g., eartags) as 

official identification for cattle and 

bison covered by the regulations if the 

devices have both visual and electronic 

readability (EID). Other proposed 

changes are intended to clarify language 


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and requirements in several sections of 

part—86. These changes would enhance 

the U.S. traceability system to better 

achieve goals of rapidly tracing diseased 

and exposed animals and containing 

outbreaks. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/22 

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 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Animal and Plant Health Inspection 

Service (APHIS) 

Final Rule Stage 

12. Bovine Spongiform Encephalopathy 

and Scrapie; Importation of Small 

Ruminants and Their Germplasm, 

Products, and Byproducts 

Legal Authority: 7 U.S.C. 450; 7 U.S.C. 

1622; 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 amending the 

regulations governing the importation of 

animals and animal products to revise 

conditions for the importation of live 

sheep, goats, and certain other nonbovine ruminants, and products derived 

from sheep and goats, with regard to 

transmissible spongiform 

encephalopathies such as bovine 

spongiform encephalopathy (BSE) and 

scrapie. We are removing BSE-related 

import restrictions on sheep and goats 

and most of their products and adding 

import restrictions related to 

transmissible spongiform 

encephalopathies for certain wild, 

zoological, or other non-bovine 

ruminant species. The conditions we are 

adopting for the importation of specified 

commodities are based on 

internationally accepted scientific 

literature and will, in general, align our 

regulations with guidelines established 

in the World Organization for Animal 

Health’s Terrestrial Animal Health 

Code. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/18/16 81 FR 46619 

NPRM Comment 

Period End.

09/16/16 

Final Rule ............ 08/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alexandra 

MacKenzie, Veterinary Medical Officer, 

Animal Permitting and Negotiating 

Services, NIES, VS, Department of 

Agriculture, Animal and Plant Health 

Inspection Service, 4700 River Road, 

Unit 39, Riverdale, MD 20737, Phone: 

301 851–3300. 

RIN: 0579–AD10 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Animal and Plant Health Inspection 

Service (APHIS) 

Long-Term Actions 

13. Importation of Fresh Citrus Fruit 

From the Republic of South Africa Into 

the Continental United States 

Legal Authority: 7 U.S.C. 450; 7 U.S.C. 

7701 to 7772; 7 U.S.C. 7781 to 7786; 21 

U.S.C. 136 and 136a 

Abstract: This rulemaking will amend 

the fruits and vegetables regulations to 

allow the importation of several 

varieties of fresh citrus fruit, as well as 

citrus hybrids, into the continental 

United States from areas in the Republic 

of South Africa where citrus black spot 

has been known to occur. As a 

condition of entry, the fruit will have to 

be produced in accordance with a 

systems approach that includes 

shipment traceability, packinghouse 

registration and procedures, and 

phytosanitary treatment. The fruit will 

also be required to be imported in 

commercial consignments and 

accompanied by a phytosanitary 

certificate issued by the national plant 

protection organization of the Republic 

of South Africa with an additional 

declaration confirming that the fruit has 

been produced in accordance with the 

systems approach. This action will 

allow for the importation of fresh citrus 

fruit, including citrus hybrids, from the 

Republic of South Africa while 

continuing to provide protection against 

the introduction of plant pests into the 

United States. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/28/14 79 FR 51273 

Action Date FR Cite 

NPRM Comment 

Period End.

10/27/14 

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Tony Roma ́n, Phone: 

301 851–2242. 

RIN: 0579–AD95 

14. Horse Protection; Licensing of 

Designated Qualified Persons and Other 

Amendments 

Legal Authority: 15 U.S.C. 1823 to 

1825; 15 U.S.C. 1828 

Abstract: We proposed amending the 

horse protection regulations to provide 

that the Animal and Plant Health 

Inspection Service (APHIS) would train 

and license horse protection inspectors 

(HPIs) to inspect horses at horse shows, 

exhibitions, sales, and auctions for 

compliance with the Horse Protection 

Act. Those changes to the regulations 

would strengthen enforcement of the 

Horse Protection Act and regulations 

and relieve horse industry organizations 

or associations of their regulatory 

burdens and responsibilities. We also 

proposed establishing a process by 

which APHIS can deny an application 

for a HPI license or revoke the license 

of a HPI who does not meet the 

minimum requirements, who fails to 

follow the designated inspection 

procedures, or who otherwise fails to 

carry out his or her duties and 

responsibilities in a satisfactory manner. 

In addition, we proposed making 

several changes to the requirements that 

pertain to the management of any horse 

show, exhibition, sale, and auction, as 

well as changes to the list of devices, 

equipment, substances, and practices 

that are prohibited to prevent the soring 

of horses. Finally, we proposed revising 

the inspection procedures that 

inspectors are required to perform. 

These actions would help to protect 

horses from the cruel and inhumane 

practice of soring and eliminate unfair 

competitive advantage that sore horses 

have over horses that are not sore. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/26/16 81 FR 49111 

NPRM Comment 

Period Extended.

09/22/16 81 FR 65307 

NPRM Comment 

Period End.

10/26/16 

Next Action Undetermined.


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Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Aaron Rhyner, 

Phone: 970 494–7484. 

RIN: 0579–AE19 

15. National List of Reportable Animal 

Diseases 

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 State and 

Federal cooperative animal disease 

detection, response, and control efforts. 

This action will consolidate and 

enhance current disease reporting 

mechanisms, and it will complement 

and supplement existing animal disease 

tracking and reporting at the State level. 

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 

Final Action ......... To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jane Rooney, Phone: 

970 494–7397. 

RIN: 0579–AE39 

16. Requiring Microchipping, Verifiable 

Signatures, Government Official 

Endorsement, and Mandatory Forms 

for Importation of Live Dogs 

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. 

Timetable: 

Action Date FR Cite 

NPRM .................. To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Elizabeth 

Theodorson, Phone: 970 494–7473. 

RIN: 0579–AE58 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Animal and Plant Health Inspection 

Service (APHIS) 

Completed Actions 

17. Animal Welfare: Marine Mammals; 

Nonconsensus Language and 

Interactive Programs 

Legal Authority: 7 U.S.C. 2131 to 2159 

Abstract: This rulemaking would have 

amended the Animal Welfare Act 

regulations concerning the humane 

handling, care, treatment, and 

transportation of marine mammals in 

captivity. These proposed changes 

would have affected sections in the 

regulations relating to variances and 

implementation dates, indoor facilities, 

outdoor facilities, and water quality. It 

would also have revised the regulations 

that relate to swim-with-the-dolphin 

programs. We believed these actions 

were necessary to ensure that the 

minimum standards for the humane 

handling, care, treatment, and 

transportation of marine mammals in 

captivity were based on current industry 

standards and scientific knowledge and 

experience. The action is being 

withdrawn due to the age of the 

analyses on which it relies. 

Completed: 

Reason Date FR Cite 

Withdrawn ........... 04/19/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Barbara Kohn, 

Phone: 301 851–3751. 

RIN: 0579–AB24 

18. Removal of Emerald Ash Borer 

Domestic Quarantine Regulations 

Legal Authority: 7 U.S.C. 7701 to 

7772; 7 U.S.C. 7781 to 7786 

Abstract: This rulemaking removes 

the domestic quarantine regulations for 

the plant pest emerald ash borer. This 

action will discontinue the domestic 

regulatory component of the emerald 

ash borer program as a means to more 

effectively direct available resources 

toward management and containment of 

the pest. Funding previously allocated 

to the implementation and enforcement 

of these domestic quarantine regulations 

will instead be directed to nonregulatory options to mitigate and 

control the pest. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 12/15/20 85 FR 81085 

Final Rule Effective.01/14/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Herbert Bolton, 

Phone: 301 851–3594. 

RIN: 0579–AE42 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Food and Nutrition Service (FNS) 

Proposed Rule Stage 

19. Strengthening Integrity and 

Reducing Retailer Fraud in the 

Supplemental Nutrition Assistance 

Program (SNAP) 

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 .................. 03/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Charles H. Watford, 

Regulatory Review Specialist, 

Department of Agriculture, Food and 

Nutrition Service, 1320 Braddock Place, 

Alexandria, VA 22314, Phone: 703 605– 

0800, Email: charles.watford@usda.gov. 

Maureen Lydon, Department of 

Agriculture, Food and Nutrition Service, 

1320 Braddock Place, Alexandria, VA 

22314, Phone: 703 457–7713, Email: 

maureen.lydon@usda.gov. 

RIN: 0584–AE71 


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I 
41178 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

20. • Special Supplemental Nutrition 

Program for Women, Infants and 

Children (WIC): WIC Online Ordering 

and Transactions 

Legal Authority: Pub. L. 111–296 

Abstract: This rule 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. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael DePiro, 

Department of Agriculture, Food and 

Nutrition Service, 1320 Braddock Place, 

Alexandria, VA 22314, Phone: 703 305– 

2876, Email: michael.depiro@usda.gov. 

Maureen Lydon, Department of 

Agriculture, Food and Nutrition Service, 

1320 Braddock Place, Alexandria, VA 

22314, Phone: 703 457–7713, Email: 

maureen.lydon@usda.gov. 

RIN: 0584–AE85 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Food and Nutrition Service (FNS) 

Long-Term Actions 

21. National School Lunch and School 

Breakfast Programs: School Food 

Service Account Revenue Amendments 

Related to the Healthy, Hunger-Free 

Kids Act of 2010 

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 

Next Action Undetermined.

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 

22. Modernizing Supplemental 

Nutrition Assistance Program (SNAP) 

Benefit Redemption Systems 

Legal Authority: Pub. L. 113–79 

Abstract: The Agricultural Act of 2014 

(Pub. L. 113–79, the Farm Bill) amended 

the Food and Nutrition Act of 2008 (the 

FNA) to include new requirements 

regarding the acceptance and processing 

of SNAP client benefits by all nonexempt retailers participating in SNAP. 

Statutory changes will modernize EBT 

systems and ensure greater program 

integrity. The Food and Nutrition 

Service (FNS) proposes to revise certain 

SNAP regulations for which multiple 

State agencies have sought and received 

approval of waivers. The revisions 

would streamline program 

administration, offer greater flexibility 

to State agencies, and improve customer 

service. 

Timetable: Next Action 

Undetermined. 

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 

23. Supplemental Nutrition Assistance 

Program (SNAP): Electronic Benefits 

Transfer Requirements for Scanning 

and Product-Lookup Technology 

Legal Authority: Pub. L. 113–79 

Abstract: This rule will align program 

regulations with changes made by 

section 4002 of the Agricultural Act of 

2014 (Pub. L. 113–79, the Farm Bill), 

which introduced new technical 

requirements for point-of-sale (POS) 

devices in the Electronic Benefits 

Transfer (EBT) system in section 

7(h)(2)(C) of the Food and Nutrition Act 

of 2008 (the FNA). The Food and 

Nutrition Service (FNS) will propose to 

revise existing regulations both to codify 

these statutory requirements as well as 

to provide for their effective 

implementation and enforcement 

through the clarification of the technical 

specifications and capabilities required 

of this equipment and by addressing 

methods for ensuring compliance. In 

addition, USDA will define what 

constitutes an area that has significantly 

limited access to food to determine who 

is exempt from this requirement. 

Timetable: Next Action 

Undetermined. 

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–AE39 

24. National School Lunch and School 

Breakfast Programs: Nutrition 

Standards for all Foods Sold in School, 

as Required by the Healthy, HungerFree Kids Act of 2010 

Legal Authority: Pub. L. 111–296 

Abstract: This rule codifies a 

provision of the Healthy, Hunger-Free 

Kids Act (Pub. L. 111–296; the Act) 

under 7 CFR parts 210 and 220. Section 

208 requires the Secretary to promulgate 

regulations to establish science-based 

nutrition standards for all foods sold in 

schools. The nutrition standards apply 

to all food sold outside the school meal 

programs, on the school campus, and at 

any time during the school day. 

Timetable: Next Action 

Undetermined. 

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–AE55 

25. Providing Regulatory Flexibility for 

Retailers in the Supplemental Nutrition 

Assistance Program (SNAP) 

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 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 41179 

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 

Next Action Undetermined.

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 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Forest Service (FS) 

Long-Term Actions 

26. Special Uses—Communications

Uses Rent

Legal Authority: 43 U.S.C. 1761 to 

1771 

Abstract: Consistent with the 

requirement in title V, section 504 (g) of 

the Federal Land Policy and 

Management Act, the proposed rule 

would update the Forest Service’s rental 

fee schedule for communications uses 

based on market value. Updated rental 

fees that exceed 100 percent of current 

rental fees would be phased in over a 3- 

year period. USDA is coordinating 

development of the information base to 

support this rulemaking with the 

Department of the Interior. 

Timetable: Next Action 

Undetermined. 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Edwina HowardAgu, Phone: 202 205–1419, Email: 

edwina.howard-agu@usda.gov. 

RIN: 0596–AD43 

[FR Doc. 2021–15083 Filed 7–29–21; 8:45 am] 

BILLING CODE 3410–11–P 


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