{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where agency = \"USDA\" and part_number = 2100 sorted by section_id", "rows": [["7:7:15.1.3.2.1.1.1.1", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "A", "Subpart A\u2014General Provisions", "", "\u00a7 2100.001 Purpose.", "USDA", "", "", "", "The purpose of this rule is to establish technical guidelines for quantifying, reporting, and verifying the greenhouse gas (GHG) emissions associated with agricultural production of biofuel feedstock commodity crops grown in the United States."], ["7:7:15.1.3.2.1.1.1.2", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "A", "Subpart A\u2014General Provisions", "", "\u00a7 2100.002 Definitions.", "USDA", "", "", "", "Accreditation  means a formal recognition by an authorized body that a third-party verifier operates according to a set of standards.\n\nAgricultural expert  means persons who are employed by the Cooperative Extension System or the agricultural departments of universities, or other persons approved by Federal Crop Insurance Corporation, whose research or occupation is related to the specific crop or practice for which such expertise is sought.\n\nAudit  means a process for obtaining relevant information about an entity's practices or processes, recordkeeping, and management and evaluating it objectively.\n\nBiofuel  means a liquid or gaseous fuels and fuel blending components produced from biomass feedstock.\n\nBiofuel feedstock crop  means a crop that can be used as raw material for biofuel production.\n\nBiofuel Feedstock Report  means a report generated by a farm producer that includes documentation of carbon intensity calculations and the Farm Producer Attestation.\n\nBiofuel refiner  means an entity that refines biomass feedstocks into a biofuel.\n\nBiomass  means any organic material other than oil and natural gas (or any product thereof), and coal (including lignite) or any product thereof.\n\nCarbon intensity (CI)  means a measure of GHG performance reflecting the estimated quantity of GHG emissions associated with one unit of production. For biofuel feedstock crops, carbon intensity is expressed as grams of carbon dioxide equivalent (CO 2 -eq) per bushel of produced crop (g CO 2 -eq/bushel).\n\nClimate-smart agriculture (CSA) crop  means a crop that is produced with CSA practices according to subparts A through F of this part.\n\nClimate-smart agriculture (CSA) practices  means agricultural management, practices, systems, and technologies that have been demonstrated to generally reduce GHG emissions or increase soil carbon sequestration.\n\nConventional crop  means a crop that is produced without the use of CSA practices according to this part.\n\nCover crop  means grasses, legumes, and forbs planted for seasonal vegetative cover, and not intended for harvest, between harvested production crops in rotation.\n\nCrop interval  means the time immediately following harvest or termination of one cash crop through harvest or termination of the next cash crop in the rotation, including fallow periods.\n\nCrushing yield  means a number representing the amount of oilseed produced from crushing one bushel of seed oil crop. Crushing yield is usually expressed in pounds per bushel (lbs/bu).\n\nFarm  means a business entity that produces (that is, grows and harvests) biofuel feedstock crops.\n\nFarm producer  means a person who is involved in making decisions for the farm operation. These decisions may include planting, harvesting, management, and marketing. The farm producer may be the owner, a member of the owner's household, a hired manager, a tenant, a renter, or a sharecropper. If a person rents land to others or has land worked on shares, they are considered the farm producer only for the land retained for their own operation.\n\nFarm Producer Attestation  means a document generated by the farm producer, who has operational control, that provides assurance that the farm producer followed standards in this part. The Farm Producer Attestation is included in the Biofuel Feedstock Report.\n\nFeedstock  means raw material that is converted into fuels and coproducts during the fuel production process.\n\nField  means a part of a farm that is separated from the balance of the farm by permanent boundaries, such as fences, permanent waterways, woodlands, roads, croplines, or other similar features. In addition to a permanent, contiguous boundary, a field has common land cover and management.\n\nFirst point of aggregation  means the entity that purchases crops directly from the farm. Entities serving as the first point of aggregation distribute, trade, or further process these feedstocks.\n\nIntensive tillage  means a tillage operation that involves full width soil disturbance and multiple operations with implements such as moldboard, disk, or chisel plow. Intensive tillage does not meet the standards of reduced till or no-till in this part.\n\nIntermediary entity  means any entity in the biofuel supply chain that falls between the first point of aggregation and the biofuel refiner. Intermediary entities may include crushers, processors, storage facilities, or other entities.\n\nLeguminous cover crop  means a cover crop that fixes atmospheric nitrogen and are planted for seasonal vegetative cover, and not intended for harvest, between harvested production crops in rotation.\n\nManagement unit  means field, group of fields, or other land units of the same land use and having similar treatment needs and planned management.\n\nMass balance system  means a system in which materials or products with specified characteristics are mixed with materials or products without some or all of these characteristics, resulting in a claim on a part of the output, proportional to the input.\n\nNo-till  means a practice that limits soil disturbance to manage the amount, orientation, and distribution of crop and plant residue on the soil surface year-round.\n\nNutrient management  means the practice of managing the rate, source, placement, and timing of plant nutrients and soil amendments to optimize their economic benefits while minimizing environmental impacts.\n\nOperational control  means authority possessed by the person who runs the farm, making day-to-day management decisions. A person with operational control could be an owner, hired manager, cash tenant, share tenant, or a partner. If land is rented or worked on shares, the tenant or renter has operational control.\n\nPlanting green  means a system where a cover crop is left in place and a production crop is planted into the cover crop without prior termination.\n\nProcess  means any mechanical operation that transforms the physical properties of a product. Processing includes extracting oil from seed oil crops (for example, soybeans).\n\nReduced-carbon intensity (reduced-CI) crop  means a crop that is produced by a farm that employs CSA practices on some or all of the fields or management units used for that crop's production. A farm that does not employ any CSA practices does not have crop that is considered reduced-CI crop.\n\nReduced-carbon intensity processed product (Reduced-CI processed product  means a product derived from reduced-CI crops.\n\nReduced till  means the practice of managing the amount, orientation, and distribution of crop and other plant residue on the soil surface year-round while limiting soil-disturbing activities used to grow and harvest crops in systems where the field surface is tilled prior to planting.\n\nSoil Tillage Intensity Rating (STIR)  means a numerical value that measures the severity and type of soil disturbance caused by tillage operations. STIR values range from 0 to 200, with higher values indicating more soil disturbance. The STIR rating applies to the entire tillage system used in producing a crop. The components of the rating include tillage type, recommended equipment operating speed, recommended tillage depth, and surface area disturbed.\n\nThird-party verifier  means an accredited person or organization independent of the verified entity that performs a verification activity or audit."], ["7:7:15.1.3.2.1.2.1.1", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "B", "Subpart B\u2014Applicability", "", "\u00a7 2100.010 Entities in the biofuel supply chain.", "USDA", "", "", "", "The supply chain for feedstock crops used in biofuel production begins at a farm and ends at a biofuel refiner. Any entity within this supply chain that produces, processes, or takes ownership of reduced-CI crop or reduced-CI processed product must meet all applicable standards of this part. These entities include farms, first points of aggregation, intermediary entities, and biofuel refiners. If a biofuel refiner sources directly from a farm, the biofuel refiner is the first point of aggregation."], ["7:7:15.1.3.2.1.2.1.2", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "B", "Subpart B\u2014Applicability", "", "\u00a7 2100.011 Biofuel feedstock crops.", "USDA", "", "", "", "Crops produced using one or more CSA practices, in accordance with subpart F of this part, are referred to as CSA crops. Crops produced without the use of CSA practices are referred to as conventional crops. A farm producer may produce both CSA crops and conventional crops. CSA crops and conventional crops can be physically mixed. Crops that are sold with an associated reduced-CI, as compared to the national average CI, are referred to as reduced-CI crops. Reduced-CI crops may be composed of solely CSA crops or a combination of CSA crops and conventional crops. If CSA crops and conventional crops are produced at the same farm, the commingled crop must have an associated CI that reflects the proportion of CSA crops, quantified in accordance with subpart C of this part. Crops for which a reduced-CI may be quantified include:\n\n(a) Field corn;\n\n(b) Soybeans; and\n\n(c) Sorghum."], ["7:7:15.1.3.2.1.2.1.3", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "B", "Subpart B\u2014Applicability", "", "\u00a7 2100.012 CSA practices to produce CSA crops.", "USDA", "", "", "", "CSA crops must be produced using one or more CSA practices:\n\n(a) Field corn produced using no-till, reduced till, cover crops, nitrification inhibitors, split in-season nitrogen application, or no fall nitrogen application;\n\n(b) Soybeans produced using no-till, reduced till, cover crops, or nitrification inhibitors; or\n\n(c) Sorghum produced using no-till, reduced till, cover crops, nitrificiation inhibitors, or split in-season nitrogen application."], ["7:7:15.1.3.2.1.3.1.1", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "C", "Subpart C\u2014Quantification of Farm-level Crop-specific Carbon Intensity", "", "\u00a7 2100.020 Quantification of CI.", "USDA", "", "", "", "Any farm producing and selling reduced-CI crops must calculate a farm-level CI for each crop type (field corn, soybeans, or sorghum). The farm-level crop-specific CI represents the carbon emissions resulting from production of one bushel of that crop. The farm-level crop-specific CI applies to the year in which the crop was harvested, and the total amount of a crop harvested in a given year must be included in the calculation. Once a farm-level CI is calculated for a specific crop, the total amount of that crop is assigned the farm-level crop-specific CI and may be sold as reduced-CI crop. To calculate the farm-level CI for each crop:\n\n(a) Farm producers must calculate the CI for each field or management unit on which CSA practice(s) were implemented, in accordance with subpart F of this part, using the U.S. Department of Agriculture (USDA) Feedstock Carbon Intensity Calculator (FD-CIC). This step must be repeated for every field or management unit producing CSA crops. To calculate a field or management unit-level CI in USDA FD-CIC, farm producers must input data on:\n\n(1) farm location (county and state);\n\n(2) crop type produced;\n\n(3) crop yield;\n\n(4) field or management unit acres;\n\n(5) use of no-till or reduced till;\n\n(6) use of a cover crop;\n\n(7) timing of nitrogen fertilizer application; and\n\n(8) nitrification inhibitor usage.\n\n(b) For any conventional crop, farm producers must input crop and yield (excluding yield of crop produced using CSA practices) into USDA FD-CIC. USDA FD-CIC will assign these crops the default national value CI.\n\n(c) USDA FD-CIC will use the farm producer inputs from paragraphs (a) and (b) of this section to calculate a weighted average, which is the farm-level crop-specific CI.\n\n(d) Farm producers must repeat paragraphs (a) through (c) of this section for each crop type that is sold as reduced-CI."], ["7:7:15.1.3.2.1.4.1.1", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "D", "Subpart D\u2014Chain of Custody standards", "", "\u00a7 2100.030 General recordkeeping and reporting standards.", "USDA", "", "", "", "(a) The total amount of reduced-CI crop and associated CI must be maintained and tracked from the farm to the biofuel refiner using records and mass balance accounting.\n\n(b) Crops with different CIs can be physically mixed at any entity along the supply-chain.\n\n(c) Processed products derived from crops (for example, seed oils) can be produced using crops with different CIs.\n\n(d) All entities specified in \u00a7 2100.010 must maintain required documentation for 5 years from when reduced-CI crops or processed products are sold, including documentation of previous verification activities and audits conducted as required by this part. Documentation must be readily available to accredited third-party verifiers and provided upon request during an audit."], ["7:7:15.1.3.2.1.4.1.2", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "D", "Subpart D\u2014Chain of Custody standards", "", "\u00a7 2100.031 Farm recordkeeping and reporting standards.", "USDA", "", "", "", "(a) Farm producers must keep records demonstrating implementation of the CSA practices used in calculation of a CI.\n\n(1) For reduced till or no-till, see \u00a7 2100.051(c), titled Tillage management recordkeeping standards.\n\n(2) For cover crops, see \u00a7 2100.052(b), titled Cover crop recordkeeping standards.\n\n(3) For nutrient management, see \u00a7 2100.053(g), titled Nutrient management recordkeeping standards.\n\n(b) Farm producers must keep records demonstrating all sales of crop as a reduced-CI crop. These records must indicate the total amount sold, the purchasing entity, and the date of the transaction.\n\n(c) For each crop that is sold as a reduced-CI crop, farm producers must prepare and maintain a Biofuel Feedstock Report. Farm producers must provide the Biofuel Feedstock Report to any entity purchasing reduced-CI crop. The Biofuel Feedstock Report must:\n\n(1) State the farm name, farm producer name, and farm location (county and state);\n\n(2) Demonstrate the quantification of the farm-level crop-specific CI, including:\n\n(i) Documentation of USDA FD-CIC calculation for each field or management unit (for example, screenshots or printouts from the USDA FD-CIC excel tool, or similar documentation showing USDA FD-CIC inputs and outputs including CI for each field or management unit) including a unique identifier for each field or management unit; and\n\n(ii) Calculation of the farm-level crop-specific CI for each crop; and\n\n(3) Include a Farm Producer Attestation declaring that the farm producer:\n\n(i) Has operational control over all fields using CSA practices and has decision-making authority to manage fields as specified for practice standards in subpart F of this part;\n\n(ii) Implemented CSA practice(s) that were used in calculation of the CI according to the implementation standards in subpart F of this part;\n\n(iii) Calculated the farm-level CI as specified in subpart C of this part;\n\n(iv) Will retain required records for 5 years and make records available upon request to accredited third-party verifier;\n\n(v) Will not double sell greenhouse gas benefits resulting from CSA practice(s) that are used in calculation of the CI (that is, will not sell the CI information, attributes, or greenhouse gas benefits associated with CSA crops in more than one market);\n\n(vi) When implementing no-till, will continue no-till for a minimum of four out of every five years; and\n\n(vii) Did not convert the land used to produce CSA biofuel feedstock crops into crop production after the date that this rule was published."], ["7:7:15.1.3.2.1.4.1.3", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "D", "Subpart D\u2014Chain of Custody standards", "", "\u00a7 2100.032 First point of aggregation and intermediary entity recordkeeping and reporting standards.", "USDA", "", "", "", "(a) The first point of aggregation and intermediary entities must establish and maintain a reporting system to ensure a clear link between reduced-CI crops and documentation at all times. The first point of aggregation and intermediary entities must have a documented system in place to prevent the double sale of crops associated with a CI. At minimum, the entity must keep:\n\n(1) Records of incoming and outgoing reduced-CI crop, including:\n\n(i) the total amount of reduced-CI crop purchased, sold, or both;\n\n(ii) the entity from and to which the crop was purchased, sold, or both;\n\n(iii) the associated CI; and\n\n(iv) the date of the transaction;\n\n(2) List of and contracts with all suppliers and recipients of reduced-CI crop; and\n\n(3) List of and contracts with subcontractors and service providers who have a direct role in data management, accounting, processing, or other activities that involve the receipt, storage, sale, or tracking of reduced-CI crop.\n\n(b) In addition to the standards in paragraph (a) of this chapter, the first point of aggregation and intermediary entities must maintain some documentation from the previous entity in the supply chain:\n\n(1) The first point of aggregation must maintain the Biofuel Feedstock Report from each farm supplying reduced-CI crops; and\n\n(2) Intermediary entities must maintain documentation showing that entities supplying reduced-CI crops or reduced-CI processed products received accredited third-party verification under this part.\n\n(c) When a first point of aggregation or intermediary entity sells reduced-CI crops or reduced-CI processed products, the entity must provide the following documentation to the purchasing entity:\n\n(1) documentation that the selling entity received third-party verification in accordance with this part;\n\n(2) total amount of reduced-CI crop or reduced-CI processed product sold; and\n\n(3) CI(s) associated with the amount of reduced-CI crop or reduced-CI processed product sold."], ["7:7:15.1.3.2.1.4.1.4", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "D", "Subpart D\u2014Chain of Custody standards", "", "\u00a7 2100.033 Additional recordkeeping standards for entities that process reduced-CI crops, or sell or purchase reduced-CI processed product.", "USDA", "", "", "", "(a) Any entity that processes product using reduced-CI crops is subject to additional recordkeeping standards. Processing includes extracting oil from seed oil crops (for example, soybeans). Entities that process reduced-CI crops must:\n\n(1) Keep records on processing of reduced-CI crops, including the entity's crushing yield, the amount of reduced-CI crop used in processing, and the corresponding amount of reduced-CI processed product; and\n\n(2) Demonstrate calculation of the amount of reduced-CI processed product corresponding to the amount of reduced-CI crop, using the entity specific crushing yield and the following equation:\n\nreduced CI processed product = crushing yield \u00d7 reduced CI crop\n\n(b) Any entity that sells or purchases reduced-CI processed product must keep records demonstrating:\n\n(1) The amount of reduced-CI crop used as an input for reduced-CI processed product sold or purchased;\n\n(2) The CI associated with reduced-CI crop used as an input for reduced-CI processed product sold or purchased; and\n\n(3) The amount of reduced-CI processed product sold or purchased."], ["7:7:15.1.3.2.1.4.1.5", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "D", "Subpart D\u2014Chain of Custody standards", "", "\u00a7 2100.034 Mass balance recordkeeping standards.", "USDA", "", "", "", "(a) First points of aggregation and intermediary entities must calculate and record the mass balance of incoming and outgoing reduced-CI crops, such that the incoming and outcoming amounts of reduced-CI crops with a specific CI are equal over a defined period of time. If an entity processes, purchases, or sells reduced-CI processed product, the mass balance accounting must document the amount of reduced-CI crop that was used in the reduced-CI processed product.\n\n(b) To complete mass balance calculations, entities must define mass balance time periods such that mass balance time periods are continuous (that is, no gaps between mass balance periods occur). Each mass balance time period may not exceed three months. Entities must document the mass balance time period used for the mass balance calculation.\n\n(c) Entities must provide documentation of the mass balance calculation for each time period to the third-party verifier during audits.\n\n(d) For any given CI, records must indicate that incoming and outgoing crops and processed products are balanced according to the equation:\n\nincoming feedstock i,c,m  + beginning stored feedstock i,c,m  = outgoing feedstock i,c,m  + ending stored feedstock i,c,m\n\n(1) Where feedstocks (incoming, stored, and outgoing) for entity  i  are identified by their carbon intensity,  c,  and the pre-defined mass balance accounting time period,  m.\n\n(i) Incoming feedstocks include those purchased by entity  i  in time period  m.\n\n(ii) Outgoing feedstocks must include both sold and discarded or wasted feedstocks in time period  m.\n\n(iii) Stored feedstocks are those maintained by the entity during time period  m  and must be accounted for in the mass balance accounting.\n\n(iv) If reduced-CI crops or processed product is remaining at the end of a mass balance time period  m,  it is accounted for as ending stored feedstock for that time period and as beginning stored feedstock for the subsequent time period.\n\n(2) To ensure that the mass balance accounting for entity  i  appropriately accounts for different forms of reduced-CI processed products (that is, oils), the entity's crushing yield must be used to convert reduced-CI processed products back to their crop volume or weight equivalents using the following equation:\n\nprocessed feedstock crop equivalent = (processed feedstock)/(crushing yield)"], ["7:7:15.1.3.2.1.4.1.6", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "D", "Subpart D\u2014Chain of Custody standards", "", "\u00a7 2100.035 Biofuel refiner recordkeeping standards.", "USDA", "", "", "", "(a) For reduced-CI crop that a biofuel refiner sources directly from a farm, the biofuel refiner is acting as a first point of aggregation and must follow the standards in \u00a7 2100.032.\n\n(b) For reduced-CI crops and reduced-CI processed products that are sourced from a first point of aggregation or intermediary entity, a biofuel refiner must keep:\n\n(1) Records of incoming reduced-CI crops or reduced-CI processed products, which, at a minimum this includes records of incoming reduced-CI crop or reduced-CI processed products, including the total amount of reduced-CI crop or reduced-CI processed product purchased, the entity from which the crop or processed product was purchased, the associated CI, and the date of the transaction; and\n\n(2) Documentation that the entity supplying reduced-CI crop or reduced-CI processed product has undergone third-party verification by an accredited third-party verifier and met the standards of this part.\n\n(c) For all reduced-CI crops, a biofuel refiner must establish a system to track all incoming reduced-CI crops and the associated CI."], ["7:7:15.1.3.2.1.5.1.1", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "E", "Subpart E\u2014Audits and Verification", "", "\u00a7 2100.040 Third-party audits.", "USDA", "", "", "", "(a)  Audit standards for first point of aggregation.  Each audit for a first point of aggregation must meet the following standards.\n\n(1) First points of aggregation must hire a third-party verifier to conduct an audit annually;\n\n(2) An audit, conducted by a third-party verifier, must verify that the first point of aggregation:\n\n(i) Operates a mass balance system as specified in \u00a7 2100.034; and\n\n(ii) Correctly recorded the CI associated with reduced-CI crops delivered from each farm; and\n\n(3) The first point of aggregation must include supplying farms in its audit scope. The first point of aggregation and third-party verifier must adhere to the following standards when selecting the audit sample.\n\n(i) The first point of aggregation must provide farm producer information to enable the third-party verifier to select a sample of supplying farms for verification. Farm producer information must include the total number of farms supplying reduced-CI crops, geographic location of each farm, type and amount of crop supplied by each farm, and CI associated with the crop from each farm;\n\n(ii) The third-party verifier will determine the total number of farms to be included in the audit sample. The third-party verifier must determine the minimum size of the farm audit sample by taking the square root, rounded up to the nearest whole number, of the total number of farms supplying the first aggregation point with reduced-CI crops; and\n\n(iii) The third-party verifier must select the individual farms to be included in the sample for verification. The third-party verifier should select the sample in a way that is representative of supplying farms' characteristics including types of supplied reduced-CI crop, size of farm, geographic location, and risk of non-conformity or fraud. If an audit occurs at the same first aggregation point in subsequent years, the sample of farms should avoid selecting those audited in prior years.\n\n(b)  Audit standards for farms.  Each audit for a farm must meet the following standards.\n\n(1) Farms that supply reduced-CI crops to a first point of aggregation may be selected for an audit by the first point of aggregation's third-party verifier;\n\n(2) If the farm is selected as part of the audit sample as the first point of aggregation, the farm may be considered for exemption from an additional audit when an audit was previously completed for the applicable year. Farm producers can elect to proactively retain an accredited third-party verifier to complete an audit at their farm per the standards of paragraph (b)(3) of this section. To be considered for exemption from an additional audit, the farm producer must provide results of the completed audit. It is up to the discretion of the third-party verifier to determine whether the farm is exempt from an additional audit or if a full or partial audit is necessary; and\n\n(3) For farms that are audited individually or included in an audit sample:\n\n(i) The third-party verifier must verify that CSA practices and practice recordkeeping is in accordance with the standards in subpart F of this part;\n\n(ii) The third-party verifier must verify that the weighted average CI for each crop is calculated correctly in accordance with subpart C; and\n\n(iii) Records from relevant sub-contractors or service providers must be made available during the farm audit at the request of the third-party verifier if necessary to audit practice standards.\n\n(c)  Audit standards for intermediary entities.  Each audit for an intermediary entity must meet the following standards.\n\n(1) Intermediary entities must hire a third-party verifier to conduct an audit annually; and\n\n(2) An audit, conducted by a third-party verifier, must verify that the intermediary entity:\n\n(i) Operates a mass balance system as specified in \u00a7 2100.034; and\n\n(ii) Correctly recorded the CI associated with reduced-CI crops or reduced-CI processed product delivered to the intermediary entity.\n\n(d)  Additional audit standards for entities that process, sell, or purchase reduced-CI processed product.  Each audit for a first point of aggregation or intermediary entity that processes, sells, or purchases reduced-CI processed products must meet the following standards.\n\n(1) For entities that process, sell, or purchase reduced-CI processed products, an audit, conducted by a third-party verifier, must verify that the entity implemented recordkeeping standards specified in \u00a7 2100.033.\n\n(2) [Reserved]\n\n(e)  Additional audit standards for entities that process reduced-CI crop.  Each audit for a first point of aggregation or intermediary entity that processes reduced-CI processed products must meet the following standards.\n\n(1) For entities that process reduced-CI crop, the third-party verifier must verify that internal records support the calculation and application of the entity's crushing yield used to:\n\n(i) Determine the amount of reduced-CI processed product derived from the amount of inputs; and\n\n(ii) Perform the mass balance calculation.\n\n(2) [Reserved]\n\n(f)  Audit standards for biofuel refiners.  Each audit for a biofuel refiner must meet the following standards.\n\n(1) Biofuel refiners must hire a third-party verifier to conduct an audit annually; and\n\n(2) An audit, conducted by a third-party verifier, must verify that the biofuel refiner:\n\n(i) Operates a system to correctly record the CI associated with reduced-CI crop or reduced-CI processed product as specified in \u00a7 2100.035(c); and\n\n(ii) Followed the standards in paragraph (a) of this section, if the biofuel refiner acted as a first point of aggregation for any reduced-CI crop."], ["7:7:15.1.3.2.1.5.1.2", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "E", "Subpart E\u2014Audits and Verification", "", "\u00a7 2100.041 Accreditation of third-party verifiers.", "USDA", "", "", "", "Third-party verifiers that conduct audits in accordance with this part must be accredited to ISO 14065: General principles and requirements for bodies validating and verifying environmental information by a member of the International Accreditation Forum."], ["7:7:15.1.3.2.1.6.1.1", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "F", "Subpart F\u2014Climate-Smart Agriculture (CSA) Practice Standards", "", "\u00a7 2100.050 General.", "USDA", "", "", "", "CSA practices may be implemented individually or in combination on a field or management unit."], ["7:7:15.1.3.2.1.6.1.2", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "F", "Subpart F\u2014Climate-Smart Agriculture (CSA) Practice Standards", "", "\u00a7 2100.051 Tillage management.", "USDA", "", "", "", "(a)  Reduced till standards.  To qualify as reduced till under this part, field(s) or management unit(s) must be managed according to the following standards:\n\n(1) Tillage methods where the entire soil surface is disturbed by tillage operations such as chisel plowing, field cultivating, tandem disking, vertical tillage, or ridge tillage are permitted, provided that the STIR value is no greater than 80. The STIR value must include all field operations that are performed during the crop interval (that is, from the time immediately following harvest or termination of one cash crop through harvest or termination of the next cash crop in the rotation, including fallow periods). Permitted methods are also commonly referred to as mulch tillage, conservation tillage, or ridge till;\n\n(2) Primary inversion tillage implements (for example, moldboard plow) must not be used;\n\n(3) Residue must not be burned; and\n\n(4) Removing residue from the crop planting row area prior to or as part of the planting operation is allowed.\n\n(b)  No-till standards.  To qualify as no-till under this part, field(s) or management unit(s) must be managed according to the following standards:\n\n(1) Full-width soil disturbance must not be performed, from the time immediately following harvest or termination of one cash crop through harvest or termination of the next cash crop in the rotation, regardless of the depth of the tillage operation. Strip tillage and fertilizer injection are permitted, provided that the STIR value is no greater than 20. The STIR value must include all field operations that are performed during the crop interval (that is, from the time immediately following harvest or termination of one cash crop through harvest or termination of the next cash crop in the rotation, including fallow periods);\n\n(2) Residue must not be burned; and\n\n(3) Removing residue from directly within the seeding, planting, or transplanting area prior to or as part of the planting operation is allowed.\n\n(c)  Tillage management recordkeeping standards.  Farm producers must maintain records for 5 years demonstrating required implementation of the reduced till or no-till practice. Records must contain sufficient detail to be readily understood and auditable. Records may be of varying types and origins including, but not limited to, physical documentation (for example, paper forms, invoices, receipts, seed tags), digital files (including from farm management software), data generated by farm equipment (for example, precision agriculture equipment), remotely sensed data, georeferenced and timestamped photographs, or data and records used for participation in USDA programs. Records must demonstrate:\n\n(1) Field(s) or management unit(s) where the practice is implemented, including location and acreage;\n\n(2) All field operations including tillage and all other operations (including fertilizing, planting, controlling pests, seeding, harvesting) that may cause surface disturbance;\n\n(3) Type of field operation including depth and width of disturbance and average speed of operation;\n\n(4) Equipment used;\n\n(5) Date(s) that each operation occurred; and\n\n(6) Total bushels of the harvested production crop harvested from field(s) or management unit(s) where the practice was implemented. If the farm producer uses both reduced till and no-till on different fields, records must indicate the total bushels produced using each CSA practice.\n\n(d)  Tillage management verification.  When auditing the reduced till or no-till practice, third-party verifiers must review documentation demonstrating all field operations including the type of operation, equipment used, and timing of operation. Using these records, third-party verifiers must verify the correct calculation (or perform the calculation) of a crop interval STIR value and verify that the value meets the standards of the reduced till or no-till practice."], ["7:7:15.1.3.2.1.6.1.3", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "F", "Subpart F\u2014Climate-Smart Agriculture (CSA) Practice Standards", "", "\u00a7 2100.052 Cover crop management.", "USDA", "", "", "", "(a)  Cover crop standards.  To qualify for the cover crop practice under this part, field(s) or management unit(s) must be managed according to the following standards:\n\n(1) Cover crop species selection, seedbed preparation, seeding rate(s), seeding date, seeding depth, and seeding method must be consistent with applicable soil and site conditions;\n\n(2) When a leguminous cover crop is used individually or as part of a mix, the farm producer must develop a nutrient budget which demonstrates:\n\n(i) The available nitrogen resulting from the cover crop; and\n\n(ii) An adjustment in total planned nitrogen application to the harvested production crop following the cover crop;\n\n(3) Cover crops must be seeded in the fall. Cover crop may be interseeded into an existing or established crop. Cover crop species and seeding dates should not adversely affect crop yield or interfere with the maintenance and harvest process;\n\n(4) Cover crops should be seeded as early as possible and terminated as late as practical (late vegetative stage or later), with termination timing established to minimize the risk of yield loss and soil moisture depletion;\n\n(5) Cover crops must be terminated via winter kill or using herbicide or non-soil disturbing mechanical methods (that is, roller crimper, mowing) in the spring;\n\n(6) Planting green is permitted;\n\n(7) Cover crop biomass must not be mechanically harvested or grazed. Residues must remain on the surface following termination and may not be burned; and\n\n(8) Cover crops may not be fertilized.\n\n(b)  Cover crop recordkeeping standards.  Farm producers must maintain records for 5 years demonstrating required implementation of the cover crop practice. Records must contain sufficient detail to be readily understood and auditable. Records may be of varying types and origins including, but not limited to, physical documentation (for example, paper forms, invoices, receipts, seed tags), digital files (including from farm management software), data generated by farm equipment (for example, precision agriculture equipment), remotely sensed data, georeferenced and timestamped photographs, or data and records used for participation in USDA programs. Records must demonstrate:\n\n(1) Purchase and receipt of cover crop seed in sufficient quantities to cover the area seeded;\n\n(2) Field(s) or management unit(s) where cover crop practice is implemented, including location and acreage;\n\n(3) Cover crop seeding date, method, and seeding rate;\n\n(4) Total acreage seeded in cover crop across the operation;\n\n(5) Photographic evidence of cover crop establishment;\n\n(6) Cover crop termination date and method; and\n\n(7) Total bushels of the crop harvested from field(s) or management unit(s) where the cover crop practice was implemented immediately prior to seeding or planting the harvested production crop.\n\n(c)  Cover crop verification.  When auditing the cover crop practice, third-party verifiers must review documentation demonstrating cover crop species selection, seeding date, seeding method, seeding rate, total seeded acreage, termination date, and termination method. Through an on-site visit, remote video conferencing, remote sensing data, or georeferenced and timestamped photographs, third-party verifiers must verify the establishment of cover crops."], ["7:7:15.1.3.2.1.6.1.4", 7, "Agriculture", "XXI", "", "2100", "PART 2100\u2014Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks", "F", "Subpart F\u2014Climate-Smart Agriculture (CSA) Practice Standards", "", "\u00a7 2100.053 Nutrient management.", "USDA", "", "", "", "(a)  Nutrient management standards.  To qualify for any nutrient management practice (nitrification inhibitors, controlled release fertilizers, no fall application, split in-season application) under this part, field(s) or management unit(s) must be managed according to the following standards:\n\n(1) Prior to implementation, the farm producer must develop and document a planned nutrient budget, yield goal, and applications of at a minimum, nitrogen, phosphorous, and potassium (N-P-K) in pounds per acre. The nutrient budget must account for all known measurable nutrient sources and removals. Sources of nitrogen may include, but are not limited to, commercial fertilizers (including starter and in-furrow starter or pop-up fertilizer), animal manures, legume crops, green manures, plant or crop residues, compost, organic by-products, municipal and industrial biosolids, wastewater, organic materials, estimated plant available soil nutrients, and irrigation water; and\n\n(2) The farm producer must base the nutrient budget on current soil test results or the professional opinion of an agricultural expert who is employed by the Cooperative Extension System or the agricultural departments of universities, or other persons approved by the Federal Crop Insurance Corporation (FCIC), whose research or occupation is related to the specific crop or practice for which such expertise is sought. Soil test must be no older than 2 years. Tissue testing may be used for monitoring or adjusting the nutrient management plan in accordance with the state LGU guidance, or industry practice recognized by the state LGU.\n\n(b)  Nitrification inhibitor standards.  To qualify for the practice under this part, field(s) or management unit(s) must be managed in accordance with paragraph (a) of this section and with the following standards:\n\n(1) The farm producer must apply an inhibitor with all synthetic nitrogen (synthetic N) applications, including any pre-emergent applications. Inhibitors must be defined by the Association of American Plant Food Control Officers (AAPFCO) and be accepted for use by the State fertilizer control official, or similar authority, with responsibility for verification of product guarantees, ingredients (by AAPFCO definition), and label claims.\n\n(2) [Reserved]\n\n(c)  No fall application standards.  To qualify for the no fall application practice under this part, field(s) or management unit(s) must be managed as specified in paragraph (a) of this section and with the following standards:\n\n(1) The first synthetic N application must occur within 30 days prior to or at the time of planting; and\n\n(2) The farm producer must not apply synthetic N in the fall on fallow fields or fields in cover crop. This includes any synthetic N included in phosphorus fertilizers.\n\n(d)  Split in-season application standards.  To qualify for the split in-season application practice under this part, field(s) or management unit(s) must be managed accordingly in accordance with paragraph (a) of this section and with the following standards:\n\n(1) Farm Producer must apply at least 75 percent of total crop synthetic N needs after crop emergence. Post emergent synthetic N may be reduced based on crop scouting, in-season soil sampling or analysis, or plant tissue sampling or analysis. Nutrient availability should be timed to crop uptake.\n\n(2) [Reserved]\n\n(e)  Nutrient management recordkeeping standards.  Farm producers must maintain records demonstrating correct implementation of the nutrient management practice(s) for 5 years. Records must contain sufficient detail to be readily understood and auditable. Records may be of varying types and origins, including, but not limited to, physical documentation (for example, paper forms, invoices, receipts, seed tags), digital files (including from farm management software), data generated by farm equipment (for example, precision agriculture equipment), remotely sensed data, georeferenced and timestamped photographs, or data and records used for participation in USDA programs. Records must demonstrate:\n\n(1) Development of a nutrient budget that accounts for realistic yield goal and all known and measurable sources of N-P-K;\n\n(2) Soil test results, soil test methods, laboratory where soil test was conducted, and date of the soil test within 2 years of the development of the nutrient budget. In-season soil samples or tissue samples results for N analysis should be provided along with methods, laboratory, and date sampled;\n\n(3) Date(s), method(s), location(s) of all nutrient applications in pounds per acre for N-P-K;\n\n(4) The source and type of nutrients supplied, including nutrient content;\n\n(5) Field(s) or management unit(s) where nutrient management practice(s) is implemented, including location and acreage;\n\n(6) Planting or seeding date for field(s) and management unit(s) where nutrient management practice(s) is implemented;\n\n(7) Total acreage using each nutrient management practice across the operation; and\n\n(8) Total bushels of the crop harvested from field(s) or management unit(s) where each nutrient management practice was implemented.\n\n(f)  Nutrient management verification.  When auditing nutrient management practice(s), the third-party verifier must verify development of a nutrient management budget that accounts for all known and measurable sources of nutrients (that is, N-P-K). For nitrification inhibitors, the third-party verifier must verify that inhibitors were used with 100 percent of synthetic N application on all field(s) or management unit(s) where the practice was implemented. For timing practices (no fall application or split in-season application), the third-party verifier must verify application timing through management records."]], "truncated": false, "filtered_table_rows_count": 18, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"agency\" = :p0 and \"part_number\" = :p1 order by section_id limit 101", "params": {"p0": "USDA", "p1": "2100"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?agency=USDA&part_number=2100", "results": [{"value": 7, "label": 7, "count": 18, "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json?agency=USDA&part_number=2100&title_number=7", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?agency=USDA&part_number=2100", "results": [{"value": "USDA", "label": "USDA", "count": 18, "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json?part_number=2100", "selected": true}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?agency=USDA&part_number=2100", "results": [{"value": "2100", "label": "2100", "count": 18, "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json?agency=USDA", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "subpart", "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json?agency=USDA&part_number=2100&_facet=subpart"}, {"name": "subpart_name", "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json?agency=USDA&part_number=2100&_facet=subpart_name"}], "next": null, "next_url": null, "private": false, "allow_execute_sql": true, "query_ms": 38.14928198698908, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}