48242 Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / 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 2022 

AGENCY: Office of the Secretary, USDA. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: This agenda provides 

summary descriptions of the significant 

and not significant regulations being 

developed in agencies of the U.S. 

Department of Agriculture (USDA) in 

conformance with Executive Orders 

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 Michael Poe, 

Office of Budget and Program Analysis, 

U.S. Department of Agriculture, 

Washington, DC 20250, (202) 720–3257. 

Dated: April 1, 2022. 

Michael Poe, 

Legislative and Regulatory Staff. 

AGRICULTURAL MARKETING SERVICE—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

AGRICULTURAL MARKETING SERVICE—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

2 ........................ Dealer Trust; Add Livestock Dealer Regulation and Statement (AMS–FTPP–21–0015) ............................... 0581–AE01 

3 ........................ Transparency in Poultry Grower Contracting and Tournaments ..................................................................... 0581–AE03 

4 ........................ Unfair Practices in Violation of the Packers and Stockyards Act (AMS–FTPP–21–0045) ............................. 0581–AE05 

5 ........................ Organic Livestock and Poultry Standards ....................................................................................................... 0581–AE06 

6 ........................ Natural Grass Sod Promotion, Research, and Information Order (AMS–LP–21–0028) ................................. 0581–AE07 

7 ........................ National Organic Program, Organic Apiculture Practice Standard ................................................................. 0581–AE12 

8 ........................ National Organic Program, Organic Pet Food Standards ............................................................................... 0581–AE13 

9 ........................ National Organic Program: Organic Mushroom Standards ............................................................................. 0581–AE14 

AGRICULTURAL MARKETING SERVICE—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

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

AGRICULTURAL MARKETING SERVICE—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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


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AGRICULTURAL MARKETING SERVICE—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

13 ...................... Wheat Flour Foods Promotion, Research, and Information Order (AMS–LP–20–0024) ................................ 0581–AE09 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

15 ...................... Revision to Horse Protection Act Regulations ................................................................................................. 0579–AE70 

16 ...................... AQI User Fees ................................................................................................................................................. 0579–AE71 

17 ...................... Importation of Bovine Meat From Paraguay .................................................................................................... 0579–AE73 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

18 ...................... Establishing AWA Standards for Birds ............................................................................................................ 0579–AE61 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

20 ...................... 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. 

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

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

Products, and Byproducts.

0579–AD10 

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

FOOD AND NUTRITION SERVICE—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

and Transactions.

0584–AE85 

FOOD AND NUTRITION SERVICE—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

25 ...................... 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 

FOOD AND NUTRITION SERVICE—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

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

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

(SNAP).

0584–AE71 


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FOOD AND NUTRITION SERVICE—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

FOREST SERVICE—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

DEPARTMENT OF AGRICULTURE 

(USDA) 

Agricultural Marketing Service (AMS) 

Prerule Stage 

1. Inert Ingredients in Pesticides for 

Organic Production (AMS–NOP–21– 

0008) [0581–AE02] 

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 ............... 08/00/22 

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–AE02 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Agricultural Marketing Service (AMS) 

Proposed Rule Stage 

2. Dealer Trust; Add Livestock Dealer 

Regulation and Statement (AMS–FTPP– 

21–0015) [0581–AE01] 

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

763 

Abstract: The proposed rule would 

revise the Packers and Stockyards 

regulations to add provisions for written 

notifications related to the new 

livestock dealer trust. The revisions 

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 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 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 ............ 04/00/23 

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 

3. Transparency in Poultry Grower 

Contracting and Tournaments [0581– 

AE03] 

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). The 

proposal would revise the list of 

disclosures and information live poultry 

dealers must furnish to poultry growers 

and sellers with whom dealers make 

poultry growing arrangements. The 

proposal would further establish 

parameters for the use of poultry grower 

ranking systems by dealers to determine 

settlement payments for poultry 

growers. The proposals 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 

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 

4. Unfair Practices in Violation of the 

Packers and Stockyards Act (AMS– 

FTPP–21–0045) [0581–AE05] 

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 


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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 .................. 08/00/22 

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 

5. Organic Livestock and Poultry 

Standards [0581–AE06] 

Legal Authority: 7 U.S.C. 6501–7 

U.S.C. 6524 

Abstract: This action would establish 

additional practice standards for organic 

livestock and poultry production. This 

action would add provisions to the 

USDA organic regulations to address 

and clarify that livestock and poultry 

living conditions (for example, outdoor 

access, housing environment, and 

stocking densities), health care practices 

(for example, physical alterations, 

administering medical treatment, and 

euthanasia), and animal handling and 

transport to and during slaughter are 

part of the organic certification. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/22 

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 

6. 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 proposed rule 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 will 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 are only 

attainable through a national research 

and promotion program for natural grass 

sod. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/22 

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 

7. National Organic Program, Organic 

Apiculture Practice Standard [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 .................. 04/00/23 

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–AE12 

8. National Organic Program, Organic 

Pet Food Standards [0581–AE13] 

Legal Authority: 7 U.S.C. 6501 

Abstract: This action proposes to 

amend the USDA organic regulations to 

reflect a recommendation submitted to 

the Secretary by the National Organic 

Standards Board (NOSB) to develop 

organic pet food standards. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/00/23 

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 

9. National Organic Program: Organic 

Mushroom Standards [0581–AE14] 

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

Abstract: This action proposes to 

establish standards for the organic 

production and certification of 

mushrooms in the USDA organic 

regulations. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/00/23 

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–AE14 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Agricultural Marketing Service (AMS) 

Final Rule Stage 

10. Strengthening Organic Enforcement 

(AMS–NOP–17–0065) [0581–AD09] 

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 


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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 ............ 08/00/22 

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–AD09 

11. Dairy Donation Program (AMS–DA– 

21–0013) [0581–AE00] 

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

762 

Abstract: This rulemaking for the 

Dairy Donation Program will finalize the 

program 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 nonprofit groups for distribution to lowincome 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 ............ 11/00/22 

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 

12. National Organic Program— 

Organic Aquaculture Standards [0581– 

AD34] 

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: 

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 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Agricultural Marketing Service (AMS) 

Completed Actions 

13. Wheat Flour Foods Promotion, 

Research, and Information Order 

(AMS–LP–20–0024) [0581–AE09] 

Legal Authority: 7 U.S.C. 7411 to 7425 

Abstract: This proposed rule intended 

to invite comments on the establishment 

of an industry-funded promotion, 

research, and information program for 

wheat flour used to produce grain foods. 

The proposed Wheat Flour Foods 

Promotion, Research, and Information 

Order was submitted to the U.S. 

Department of Agriculture by the Grain 

Foods Foundation (GFF), a group of 

baking and milling industries and allied 

suppliers. The proposed Order, initially 

submitted by GFF, was intended to 

increase sales by reversing the current 

decline in wheat flour consumption, 

improving the perception of bread, and 

producing research to strengthen the 

industry’s promotion of bread through: 

(a) Consumer Media; (b) Retail Channel 

Development; (c) Food Service Channel 

Development; and (d) Science/Nutrition 

Research. The proposed order submitted 

by GFF intended to improve 

consumption of grain foods, ensure that 

benefits to the entire industry are paid 

for by the entire industry, and allow for 

consistent funding to maximize 

promotion and research efforts. 

However, prior to publication of this 

proposed rule, the GFF Board formally 

requested that efforts to publish this 

proposed rule cease. 

Completed: 

Reason Date FR Cite 

Withdrawn ........... 05/12/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jeana Harbison, 

Phone: 202 690–3192, Email: 

jeana.m.harbison@usda.gov. 

RIN: 0581–AE09 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Animal and Plant Health Inspection 

Service (APHIS) 

Proposed Rule Stage 

14. Animal Disease Traceability; 

Electronic Identification [0579–AE64] 

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 June 30, 

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 

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 .................. 07/00/22 

NPRM Comment 

Period End.

09/00/22 

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: 


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970 494–7249, Email: traceability@

usda.gov. 

RIN: 0579–AE64 

15. • 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 HIOaffiliated 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 

DQPs as inspectors at horse shows, 

exhibitions, sales, and auctions, and 

assigning inspection authority solely to 

Animal and Plant Health Inspection 

Service (APHIS) Veterinary Medical 

Officers and other persons authorized 

by APHIS. Other changes are also being 

contemplated. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/22 

NPRM Comment 

Period End.

12/00/22 

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 

16. • 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 .................. 12/00/22 

NPRM Comment 

Period End.

02/00/23 

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 

17. • 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 .................. 01/00/23 

NPRM Comment 

Period End.

03/00/23 

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) 

Final Rule Stage 

18. Establishing AWA Standards for 

Birds [0579–AE61] 

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

Abstract: This rulemaking would 

extend APHIS enforcement of the 

Animal Welfare Act (AWA) to birds, 

other than birds bred for use in research. 

This would help ensure the humane 

care and treatment of such birds. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/22/22 87 FR 9880 

Action Date FR Cite 

NPRM Comment 

Period Extended.

04/22/22 87 FR 24072 

NPRM Comment 

Period End.

04/25/22 

NPRM Comment 

Period Extended End.

05/25/22 

Final Rule ............ 02/00/23 

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–AE61 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Animal and Plant Health Inspection 

Service (APHIS) 

Long-Term Actions 

19. 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 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 


khammond on DSKJM1Z7X2PROD with NOTICES
48248 Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / UA: Reg Flex Agenda 

20. 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 .................. To Be Determined 

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 

21. Handling of Animals; Contingency 

Plans [0579–AC69] 

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 lift the stay. We are 

therefore lifting the stay and making 

minor revisions to the requirements in 

order to update compliance dates and 

clarify intent. The lifting of the stay and 

revisions will 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. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 12/03/21 86 FR 68533 

Final Rule Effective.01/03/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Elizabeth 

Theodorson, Phone: 970 494–7473. 

RIN: 0579–AC69 

22. Bovine Spongiform Encephalopathy 

and Scrapie; Importation of Small 

Ruminants and Their Germplasm, 

Products, and Byproducts [0579–AD10] 

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. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 12/03/21 86 FR 68834 

Final Rule Effective.01/03/22 

Final Rule; Correction.01/03/22 87 FR 29 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alexandra 

MacKenzie, Phone: 301 851–3300. 

RIN: 0579–AD10 

23. Horse Protection; Licensing of 

Designated Qualified Persons and Other 

Amendments [0579–AE19] 

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

1825; 15 U.S.C. 1828 

Abstract: We are withdrawing a 

proposed rule that would have amended 

the horse protection regulations with 

respect to several program practices. We 

are taking this action to withdraw the 

proposed rule so that we may reevaluate 

these program practices based on the 

findings of research conducted after its 

publication. 

Completed: 

Reason Date FR Cite 

NPRM; Withdrawal.12/13/21 86 FR 70755 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Lance Bassage, 

Phone: 301 851–3748, Email: 

lance.h.bassage@usda.gov. 

RIN: 0579–AE19 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Food and Nutrition Service (FNS) 

Proposed Rule Stage 

24. Special Supplemental Nutrition 

Program for Women, Infants and 

Children (WIC): WIC Online Ordering 

and Transactions [0584–AE85] 

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: 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / UA: Reg Flex Agenda 48249 

Action Date FR Cite 

NPRM .................. 11/00/22 

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) 

Final Rule Stage 

25. 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 reducedprice 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 ............ 05/00/24 

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–AE11 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Food and Nutrition Service (FNS) 

Long-Term Actions 

26. Modernizing 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 codify provisions of the 2014 Farm 

Bill, the 2018 Farm Bill, and respond to 

2018 OIG audit findings. The rule will 

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 codify waivers that have 

been granted to State agencies to 

implement practices that have proven 

beneficial as the EBT system has 

developed and matured, address 

Disaster-SNAP requirements for ongoing households, and update EBT 

system technical and functional 

requirements. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/24 

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–AE37 

27. 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 ......... 05/00/24 

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–AE61 

28. 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 .................. 05/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Charles H. Watford, 

Phone: 703 605–0800, Email: 

charles.watford@usda.gov. 


khammond on DSKJM1Z7X2PROD with NOTICES
48250 Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / UA: Reg Flex Agenda 

Maureen Lydon, Phone: 703 457– 

7713, Email: maureen.lydon@usda.gov. 

RIN: 0584–AE71 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Food and Nutrition Service (FNS) 

Completed Actions 

29. Supplemental Nutrition Assistance 

Program (SNAP): Electronic Benefits 

Transfer Requirements for Scanning 

and Product-Lookup Technology [0584– 

AE39] 

Legal Authority: Pub. L. 113–79 

Abstract: The Department is 

withdrawing this rule from public 

consideration while the agency 

considers the cost and impact on food 

access associated with implementation 

of this policy. 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. 

Completed: 

Reason Date FR Cite 

Withdrawn ........... 02/25/22 

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 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Forest Service (FS) 

Long-Term Actions 

30. Special Uses—Communications 

Uses Rent [0596–AD43] 

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. 2022–14599 Filed 8–5–22; 8:45 am] 

BILLING CODE 3410–11–P 


khammond on DSKJM1Z7X2PROD with NOTICES