Department of Agriculture Semiannual Regulatory Agenda, 21865-21885 [E9-10266]

Download as PDF Monday, May 11, 2009 Part III Department of Agriculture Semiannual Regulatory Agenda VerDate Nov<24>2008 07:55 May 08, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11MYP3.SGM 11MYP3 21866 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DEPARTMENT OF AGRICULTURE (USDA) DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Subtitle A, Chs. I-VII, IX-XII, XIVXVIII, XXI, XXIV-XXIX 9 CFR Chs. I-IV 36 CFR Ch. II 41 CFR Ch. 4 Semiannual Regulatory Agenda, Spring 2009 AGENCY: ACTION: Office of the Secretary, USDA. Semiannual regulatory agenda. SUMMARY: This agenda provides summary descriptions of significant and not significant regulations being developed in agencies of the U.S. Department of Agriculture (USDA) in conformance with Executive Order 12866 ‘‘Regulatory Planning and Review.’’ 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) 720-1272. Dated: March 6, 2009. Michael Poe, Chief, Legislative and Regulatory Staff. Agricultural Marketing Service—Prerule Stage Regulation Identifier Number Sequence Number Title 1 National Organic Program: Add Standards for the Organic Certification of Wild Captured Aquatic Animals, (TM-0108) ................................................................................................................................................................................ 0581–AB97 Agricultural Marketing Service—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 2 3 National Organic Program: Dairy Replacement Animals (Livestock) (TM-07-03) ........................................................ Mushroom Promotion, Research and Consumer Information Order (FV-08-702) ....................................................... 0581–AC69 0581–AC82 Agricultural Marketing Service—Final Rule Stage Sequence Number Title Regulation Identifier Number 4 5 National Organic Program: Access to Pasture (TM-05-14) .......................................................................................... Dairy Import Assessments (DA-08-07) ......................................................................................................................... 0581–AC57 0581–AC87 Agricultural Marketing Service—Long-Term Actions Sequence Number Title Regulation Identifier Number 6 National Organic Program, Sunset (2011) (Crops and Processing) (TM-07-14) ......................................................... 0581–AC77 VerDate Nov<24>2008 07:55 May 08, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 1254 Sfmt 1254 E:\FR\FM\11MYP3.SGM 11MYP3 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda 21867 USDA Agricultural Marketing Service—Completed Actions Regulation Identifier Number Sequence Number Title 7 Mandatory Country of Origin Labeling of Beef, Pork, Lamb, Fish, Perishable Agricultural Commodities, and Peanuts (LS-07-0081) ........................................................................................................................................................ Specialty Crop Block Grant Program (Farm Bill) .......................................................................................................... 8 0581–AC26 0581–AC88 Farm Service Agency—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 9 10 11 Farm Loan Programs Loan Making Activities ............................................................................................................... Conservation Loan Guarantee Program ....................................................................................................................... Loan Servicing; Farm Loan Programs .......................................................................................................................... 0560–AI03 0560–AI04 0560–AI05 Farm Service Agency—Long-Term Actions Sequence Number Title Regulation Identifier Number 12 13 Emergency Forest Restoration Program ...................................................................................................................... Biomass Crop Assistance Program .............................................................................................................................. 0560–AH89 0560–AH92 Animal and Plant Health Inspection Service—Proposed Rule Stage Regulation Identifier Number Sequence Number Title 14 Animal Welfare: Marine Mammals; Nonconsensus Language and Interactive Programs (Rulemaking Resulting From a Section 610 Review) ..................................................................................................................................... Animal Welfare; Regulations and Standards for Birds ................................................................................................. Importation of Plants for Planting; Establishing a New Category of Plants for Planting Not Authorized for Importation Pending Risk Assessment (Rulemaking Resulting From a Section 610 Review) .......................................... Introduction of Organisms and Products Altered or Produced Through Genetic Engineering .................................... Tuberculosis in Cattle; Import Requirements for Roping Steers .................................................................................. Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine Products .................................................... Scrapie in Sheep and Goats ......................................................................................................................................... 15 16 17 18 19 20 0579–AB24 0579–AC02 0579–AC03 0579–AC31 0579–AC50 0579–AC68 0579–AC92 Animal and Plant Health Inspection Service—Final Rule Stage Regulation Identifier Number Sequence Number Title 21 22 23 24 Phytosanitary Certificates for Imported Fruits and Vegetables .................................................................................... Phytophthora Ramorum; Quarantine and Regulations ................................................................................................. Boll Weevil; Quarantine and Regulations ..................................................................................................................... Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities; Unsealing of Means of Conveyance and Transloading of Products ............................................................................................................ Standards for Permanent, Privately Owned Horse Quarantine Facilities (Section 610 Review) ............................... National Veterinary Accreditation Program (Rulemaking Resulting From a Section 610 Review) ......................... Citrus Canker; Compensation for Certified Citrus Nursery Stock ................................................................................. Agricultural Inspection and AQI User Fees Along the U.S./Canada Border ................................................................ Citrus Canker; Quarantine of the State of Florida ........................................................................................................ User Fees; Export Certification for Plants and Plant Products ..................................................................................... Importation of Poultry and Poultry Products From Regions Affected With Highly Pathogenic Avian Influenza .......... Light Brown Apple Moth Quarantine ............................................................................................................................. Viral Hemorrhagic Septicemia; Interstate Movement and Import Restrictions on Certain Live Fish ........................... 25 26 27 28 29 30 31 32 33 VerDate Nov<24>2008 07:55 May 08, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 1254 Sfmt 1254 E:\FR\FM\11MYP3.SGM 11MYP3 0579–AB18 0579–AB82 0579–AB91 0579–AB97 0579–AC00 0579–AC04 0579–AC05 0579–AC06 0579–AC07 0579–AC22 0579–AC36 0579–AC71 0579–AC74 21868 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda USDA Animal and Plant Health Inspection Service—Final Rule Stage (Continued) Sequence Number Title Regulation Identifier Number 34 35 36 Importation of Grapes From Chile Under a Systems Approach ................................................................................... Citrus Greening and Asian Citrus Psyllid; Quarantine and Interstate Movement Regulations .................................... Sirex Woodwasp; Quarantine and Regulations ............................................................................................................ 0579–AC82 0579–AC85 0579–AC86 Animal and Plant Health Inspection Service—Long-Term Actions Regulation Identifier Number Sequence Number Title 37 38 39 40 41 Plant Pest Regulations; Update of Current Provisions (Section 610 Review) ............................................................ Foot-and-Mouth Disease; Payment of Indemnity .......................................................................................................... Tuberculosis in Cattle; Import Requirements (Section 610 Review) .......................................................................... Minimum Age Requirements for the Transport of Animals ........................................................................................... Animal Welfare; Climatic and Environmental Conditions for Transportation of Warmblooded Animals Other Than Marine Mammals ......................................................................................................................................................... Importation of Cattle From Mexico; Addition of Port at San Luis, Arizona ................................................................... Handling of Animals; Contingency Plans ...................................................................................................................... Bovine Tuberculosis ...................................................................................................................................................... 42 43 44 0579–AA80 0579–AB34 0579–AB44 0579–AC14 0579–AC41 0579–AC63 0579–AC69 0579–AC73 Animal and Plant Health Inspection Service—Completed Actions Regulation Identifier Number Sequence Number Title 45 Interstate Movement of Sheep and Goats; Approved Livestock Facilities, Identification, and Recordkeeping Requirements ................................................................................................................................................................... Citrus Canker; Interstate Movement of Regulated Nursery Stock From Quarantined Areas ...................................... Import/Export User Fees ............................................................................................................................................... Revision of Regulations for the Movement of Fruits and Vegetables From Hawaii and U.S. Territories Into the Continental United States ............................................................................................................................................ 46 47 48 0579–AB84 0579–AC38 0579–AC59 0579–AC70 Rural Housing Service—Final Rule Stage Sequence Number Title Regulation Identifier Number 49 Guaranteed Single-Family Housing .............................................................................................................................. 0575–AC18 Food Safety and Inspection Service—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 50 Federal-State Interstate Shipment Cooperative Inspection Program ........................................................................... 0583–AD37 Food Safety and Inspection Service—Final Rule Stage Regulation Identifier Number Sequence Number Title 51 Performance Standards for the Production of Processed Meat and Poultry Products; Control of Listeria Monocytogenes in Ready-To-Eat Meat and Poultry Products .................................................................................... VerDate Nov<24>2008 07:55 May 08, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 1254 Sfmt 1254 E:\FR\FM\11MYP3.SGM 11MYP3 0583–AC46 21869 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda USDA Forest Service—Final Rule Stage Sequence Number Title Regulation Identifier Number 52 Special Areas; State-Specific Inventoried Roadless Area Management: Colorado ..................................................... 0596–AC74 Office of the Secretary—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 53 54 Voluntary Labeling Program for Designated Biobased Products ................................................................................. Designation of Biobased Items for Federal Procurement, Round 7 ............................................................................. 0503–AA35 0503–AA36 Rural Business-Cooperative Service—Proposed Rule Stage Regulation Identifier Number Sequence Number Title 55 Renewable Energy—Clarify Requirements for Construction/Development of Energy Program Projects (Rulemaking Resulting From a Section 610 Review) ..................................................................................................... Department of Agriculture (USDA) Agricultural Marketing Service (AMS) 1. NATIONAL ORGANIC PROGRAM: ADD STANDARDS FOR THE ORGANIC CERTIFICATION OF WILD CAPTURED AQUATIC ANIMALS, (TM–01–08) Legal Authority: 7 USC 6501 to 6522 Abstract: The Agricultural Marketing Service (AMS) is revising regulations pertaining to labeling of agricultural products as organically produced and handled (7 CFR part 205). The term ‘‘aquatic animal’’ will be incorporated in the definition of livestock to establish production and handling standards for operations that capture aquatic animals from the wild. Prerule Stage Production standards for operations producing aquatic animals will incorporate requirements for livestock origin, feed ration, health care, living conditions, and recordkeeping. Handling standards for such operations will address prevention of commingling of organically produced commodities and prevention of contact between organically produced and prohibited substances. Timetable: Action Date ANPRM FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Richard H. Mathews, Chief of Standards Development and Review Branch, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250 Phone: 202 720–3252 Fax: 202 205–7808 Email: richard.mathews@usda.gov RIN: 0581–AB97 12/00/09 Department of Agriculture (USDA) Agricultural Marketing Service (AMS) 2. NATIONAL ORGANIC PROGRAM: DAIRY REPLACEMENT ANIMALS (LIVESTOCK) (TM–07–03) Legal Authority: 7 USC 6501 Abstract: The National Organic Program (NOP) is administered by the Agricultural Marketing Service (AMS). Under the NOP, AMS established national standards for the production and handling of organically produced products. Since implementation of the VerDate Nov<24>2008 07:55 May 08, 2009 Jkt 217001 0570–AA69 Proposed Rule Stage NOP, some members of the public have advocated for amending the regulations for sourcing dairy replacement animals. They have asserted that the current regulatory language on sourcing dairy replacement animals lacks clarity, has established an inequitable two track system, and has harmed organic dairy producers by creating an environment that has prevented the development of a market for organic dairy replacement animals. They seek amendment to the PO 00000 Frm 00005 Fmt 1254 Sfmt 1254 regulations to require that once a dairy operation has converted to organic production all future animals be organic from the last third of gestation. Timetable: Action Date NPRM Final Action FR Cite 04/00/09 01/00/10 Regulatory Flexibility Analysis Required: Yes E:\FR\FM\11MYP3.SGM 11MYP3 21870 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda USDA—AMS Proposed Rule Stage Agency Contact: Richard H. Mathews, Chief of Standards Development and Review Branch, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250 Phone: 202 720–3252 Fax: 202 205–7808 Email: richard.mathews@usda.gov RIN: 0581–AC69 Abstract: The Farm Bill of 2008 amends the Mushroom Promotion, Research and Consumer Information Act of 1990 by changing the number of regions for nominations purposes from four to three; adjusting the number of pounds required to appoint members to the Mushroom Council; and to allow for the development of good agricultural and good handling practices. Timetable: 3. MUSHROOM PROMOTION, RESEARCH AND CONSUMER INFORMATION ORDER (FV–08–702) Action Date NPRM Legal Authority: 7 USC 6101 to 6112 FR Cite 04/07/09 74 FR 15677 Action Date NPRM Comment Period End Final Action VerDate Nov<24>2008 07:55 May 08, 2009 Jkt 217001 12/00/09 Agency Contact: Sonia Jimenez, Marketing Specialist, Department of Agriculture, Agricultural Marketing Service, South Building, P.O. Box 96456, Washington, DC 20050–6456 Phone: 202 720–9915 Fax: 202 205–2800 Email: sonia.jimenez@usda.gov RIN: 0581–AC82 Final Rule Stage Timetable: Action Date ANPRM ANPRM Comment Period End NPRM NPRM Comment Period End Final Action FR Cite 04/13/06 71 FR 19131 06/12/06 10/24/08 73 FR 63583 12/23/08 08/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Richard H. Mathews, Chief of Standards Development and Review Branch, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250 Phone: 202 720–3252 Fax: 202 205–7808 Email: richard.mathews@usda.gov Abstract: The Agricultural Marketing Service is establishing a dairy import assessment program as required by law. This action is in conformance to the Food, Conservation, and Energy Act of 2008 (Farm Bill). The Farm Bill mandates that the Dairy Promotion and Research Order be amended to implement an assessment on imported dairy products to fund promotion and research, and allow for importer representation on the National Dairy Promotion and Research Board. Timetable: Action Date Interim Final Rule FR Cite 06/00/09 Regulatory Flexibility Analysis Required: Yes 5. DAIRY IMPORT ASSESSMENTS (DA–08–07) Agency Contact: Whitney Rick, Promotion and Research Branch Chief, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250 Phone: 202 720–6909 Fax: 202 720–0285 Email: whitney.rick@usda.gov Legal Authority: 7 USC 4501 to 4513 RIN: 0581–AC87 RIN: 0581–AC57 Department of Agriculture (USDA) Agricultural Marketing Service (AMS) 6. NATIONAL ORGANIC PROGRAM, SUNSET (2011) (CROPS AND PROCESSING) (TM–07–14) Legal Authority: 7 USC 6501 Abstract: The Agricultural Marketing Service (AMS) is amending regulations 05/07/09 Regulatory Flexibility Analysis Required: Yes Department of Agriculture (USDA) Agricultural Marketing Service (AMS) 4. NATIONAL ORGANIC PROGRAM: ACCESS TO PASTURE (TM–05–14) Legal Authority: 7 USC 6501 et seq Abstract: The National Organic Program (NOP) is administered by the Agricultural Marketing Service (AMS). Under the NOP, AMS established national standards for the production and handling of organically produced agricultural products. Since implementation of the NOP, some members of the public have advocated for a more explicit regulatory standard on the relationship between livestock, particularly dairy animals, and grazing land. They have asserted the current regulatory language on access to pasture for ruminants and temporary confinement based on an animal’s stage of production, when applied together, do not provide a uniform requirement for the pasturing of ruminant animals that meet the principles underlying an organic management system for livestock and livestock products that consumers expect. Comments received as a result of the proposed rule will assist in determining the Agency’s next steps in rulemaking on this issue. FR Cite Long-Term Actions pertaining to the National List of Allowed and Prohibited Substances. As required by the National Organic Foods Production Act of 1990, the allowed use of the 12 synthetic and nonsynthetic substances in organic PO 00000 Frm 00006 Fmt 1254 Sfmt 1254 production and handling will expire on September 12, 2001. The AMS published an advance notice of proposed rulemaking to make the public aware of this requirement. AMS believes that public comment is E:\FR\FM\11MYP3.SGM 11MYP3 21871 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda USDA—AMS Long-Term Actions Timetable: essential in the review process to determine whether these substances should continue to be allowed or prohibited in the production and handling of organic agricultural products. Action Date ANPRM ANPRM Comment Period End NPRM Final Action FR Cite 03/14/08 73 FR 13795 05/13/08 10/00/10 08/00/11 Regulatory Flexibility Analysis Required: Yes Agency Contact: Richard H. Mathews Phone: 202 720–3252 Fax: 202 205–7808 Email: richard.mathews@usda.gov RIN: 0581–AC77 Department of Agriculture (USDA) Agricultural Marketing Service (AMS) 7. MANDATORY COUNTRY OF ORIGIN LABELING OF BEEF, PORK, LAMB, FISH, PERISHABLE AGRICULTURAL COMMODITIES, AND PEANUTS (LS–07–0081) Legal Authority: 7 USC 1621 to 1627, Agricultural Marketing Act of 1946 Abstract: The Farm Security and Rural Investment Act of 2002 (Farm Bill) (Pub. L. 107-171) and the 2002 Supplemental Appropriations Act (2002 Appropriations) (Pub. L. 107-206) amended the Agricultural Marketing Act of 1946 (Act) (7 U.S.C. 1621 et seq.) to require retailers to notify their customers of the country of origin of covered commodities beginning September 30, 2004. Covered commodities include muscle cuts of beef (including veal), lamb, and pork; ground beef, ground lamb, and ground pork; farm-raised fish and shellfish; wild fish and shellfish; perishable agricultural commodities; and peanuts. The FY 2004 Consolidated Appropriations bill (2004 Appropriations) (Pub. L. 108-199) delayed implementation of mandatory Completed Actions Country of Origin Labeling (COOL) for all covered commodities except wild and farm-raised fish and shellfish until September 30, 2006. The FY 2006 Agriculture Appropriations Bill further delayed the implementation date for other covered commodities until September 30, 2008. Completed: Reason Date Final Action Final Action Effective FR Cite 01/15/09 74 FR 2657 03/16/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Erin Morris Phone: 202 720–5131 Email: erin.morris@usda.gov RIN: 0581–AC26 8. SPECIALTY CROP BLOCK GRANT PROGRAM (FARM BILL) Legal Authority: 7 USC 1621 Abstract: The Agricultural Marketing Service is establishing regulations to administer the Special Crop Block Grant Program (SCBGP) to enhance the competitiveness of specialty crops. The interim final rule is intended to establish eligibility and application requirements, the review and approval process, and grant administration procedures for SCBGP. The SCBGP is authorized under section 101 of the Specialty Crops Competitiveness Act (7 U.S.C. 1621 note) and amended under the Food, Conservation, and Energy Act of 2008. Section 101 direction the Secretary of Agriculture to make grants available to States. Completed: Reason Interim Final Rule Comment Period End Final Action Final Action Effective Legal Authority: PL 110–246 Abstract: The rule will implement the provisions of the 2008 Farm Bill that affect Farm Loan Programs (FLP) Loan Making Division (LMD); there is discretion involved in the implementation. The sections being implemented are: 5001, Direct Loans; 5005, Beginning Farmer or Rancher and Socially Disadvantaged Farmer or Rancher Contract Land Sales Program Down Payment Loan Program; 5101, Farming Experience as an Eligibility VerDate Nov<24>2008 07:55 May 08, 2009 Jkt 217001 FR Cite 11/03/08 03/27/09 74 FR 13313 03/30/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Trista Etzig Phone: 202 690–4942 Email: trista.etzig@usda.gov RIN: 0581–AC88 BILLING CODE 3410—02—S Department of Agriculture (USDA) Farm Service Agency (FSA) 9. FARM LOAN PROGRAMS LOAN MAKING ACTIVITIES Date Proposed Rule Stage Requirement; 5201, Eligibility of Equine Farmers and Ranchers for Emergency Loans; 5301, Beginning Farmer and Rancher Individual Development Accounts Pilot Program; and 5501, Loans to Purchase Highly Fractionated Land. A Beginning Farmer and Rancher Individual Development Accounts 5year pilot program will be established in at least 15 States. The program entails FSA making grants to qualified nonprofit organizations who then deliver the program to eligible participants. Grantees must match 50 PO 00000 Frm 00007 Fmt 1254 Sfmt 1254 percent of the grant received. Under the program, qualified, low-income beginning farmers or prospective beginning farmers would establish saving accounts with a monthly deposit plan administered by the grantees. The program funds must match the participants’ deposits at a minimum of 100 percent and a maximum of 200 percent. Participants must use the savings account funds toward the purchase of farmland, livestock, or similar farm start-up/operating expenses. The program must be operated by and in conjunction with E:\FR\FM\11MYP3.SGM 11MYP3 21872 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda USDA—FSA Proposed Rule Stage FSA farm loan programs. The initial applications for the program must be approved no more than one year after the law is enacted. The program is not mandatory; an appropriation of up to $5 million annually is authorized to fund the program. Individual tribal members will be allowed to qualify for Indian Land Acquisition loans. Timetable: Action Date NPRM FR Cite 07/00/09 guarantees will be at 75 percent of the loan amount. The applicant must have an acceptable conservation plan that includes the project(s) to be financed. Preference is given to beginning farmer and socially disadvantaged applicants, conversion to sustainable or organic production practices, and compliance with highly erodible land conservation requirements. Eligibility for the program is not restricted to those who cannot get credit elsewhere. The program is not mandatory; appropriations are authorized. Timetable: Regulatory Flexibility Analysis Required: Yes Agency Contact: Deirdre Holder, Director, Regulatory Review Group, Department of Agriculture, Farm Service Agency, 1400 Independence Avenue SW, Washington, DC 20250–0572 Phone: 202 205–5851 Fax: 202 720–5233 Email: deirdre.holder@wdc.usda.gov RIN: 0560–AI03 Action Date NPRM 09/00/09 FR Cite Regulatory Flexibility Analysis Required: Yes 10. CONSERVATION LOAN GUARANTEE PROGRAM Legal Authority: PL 110–246 Abstract: The rule will implement the provisions of the 2008 Farm Bill that affect Farm Loan Programs (FLP) Loan Making Division (LMD); there is discretion in how several of the provisions are implemented. The section being implemented is 5002, Conservation Loan and Loan Guarantee. Implementation of this provision will create a new direct and guaranteed loan program directed at assisting farmers in implementing conservation practices. The rule establishes a new loan and loan guarantee program to finance qualifying conservation projects. All emphasizes this responsibility and insures that FSA uses all the tools available to graduate borrowers to commercial credit as soon as they can financially do so. In 2007, over 2,500 direct borrowers (about 3.7 percent of the portfolio) graduated to commercial credit. FSA believes graduation will continue in the 3 to 5 percent range and is dependant on the overall farm economy. The right of an FSA borrower-owner to purchase leased property under Homestead Protection will be extended beyond the borrower-owner to the immediate family. Currently, FSA only has 38 properties in Homestead Protection. Agency Contact: Deirdre Holder, Director, Regulatory Review Group, Department of Agriculture, Farm Service Agency, 1400 Independence Avenue SW, Washington, DC 20250–0572 Phone: 202 205–5851 Fax: 202 720–5233 Email: deirdre.holder@wdc.usda.gov Acceleration and foreclosure will be suspended on borrowers who file a claim of program discrimination against the Department or have a claim pending. Interest accrual and offset will also be suspended during the time of the moratorium. If the borrower does not prevail in the claim, the interest which would have accrued during the moratorium will be due and offset on the account will be reestablished. RIN: 0560–AI04 Timetable: Action 11. LOAN SERVICING; FARM LOAN PROGRAMS Date NPRM 05/00/09 Legal Authority: PL 110–246 Regulatory Flexibility Analysis Required: Yes Abstract: The 2008 Farm Bill requires several changes to the Farm Service Agency (FSA) Farm Loan Program (FLP) loan servicing regulations. An overall plan will be established to insure that borrowers can be transitioned to private credit in the shortest timeframe practicable. At present, FSA monitors the status of all borrowers to determine if graduation is possible. The 2008 Farm Bill Agency Contact: Deirdre Holder, Director, Regulatory Review Group, Department of Agriculture, Farm Service Agency, 1400 Independence Avenue SW, Washington, DC 20250–0572 Phone: 202 205–5851 Fax: 202 720–5233 Email: deirdre.holder@wdc.usda.gov RIN: 0560–AI05 Department of Agriculture (USDA) Farm Service Agency (FSA) 12. EMERGENCY FOREST RESTORATION PROGRAM Legal Authority: PL 110–246 Abstract: We are adding a new subpart to the regulations in 7 CFR part 701 to implement the Emergency Forest Restoration Program (EFRP) which was authorized by the 2008 Farm Bill. EFRP will provide cost-share funding to owners of nonindustrial private forest VerDate Nov<24>2008 07:55 May 08, 2009 Jkt 217001 FR Cite Long-Term Actions land to restore the land after the land is damaged by a natural disaster. The damaged land must have had a tree cover immediately before the natural disaster. The 2008 Farm Bill authorized such funds as may be necessary to be appropriated to carry out this program; the appropriated amounts are to remain available until expended. PO 00000 Frm 00008 Fmt 1254 Sfmt 1254 Timetable: Action Date NPRM FR Cite 10/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Deirdre Holder Phone: 202 205–5851 Fax: 202 720–5233 E:\FR\FM\11MYP3.SGM 11MYP3 21873 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda USDA—FSA Long-Term Actions Email: deirdre.holder@wdc.usda.gov RIN: 0560–AH89 13. BIOMASS CROP ASSISTANCE PROGRAM Legal Authority: PL 110–246 Abstract: We are adding a new regulation to implement the Biomass Crop Assistance Program (BCAP) as required by the 2008 Farm Bill. We will collaborate with USDA/Rural Development (RD), private industry, agricultural and forest land owners to support the evaluation and selection of BCAP project areas. BCAP project areas must include a commitment to use local production; evidence of sufficient equity (if the facility is not operational at the time of proposal); anticipated economic impacts; opportunities for local ownership; the participation rate by beginning and socially disadvantaged farmers and ranchers; the impact on soil, water, and related resources; and the variety in biomass production approaches. FSA will partner with RD, which has capability and responsibility, including the potential for providing funding for proposed biomass conversion facility, regarding BCAP project area evaluation and selection. After BCAP project area selection, FSA, acting on behalf of the Commodity Credit Corporation (CCC), may enter into contracts with BCAP project area producers for a term of up to 5 years for annual and perennial crops and up to 15 years for woody biomass. Timetable: Action Date Notice NPRM FR Cite 10/01/08 73 FR 57047 06/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Deirdre Holder Phone: 202 205–5851 Fax: 202 720–5233 Email: deirdre.holder@wdc.usda.gov RIN: 0560–AH92 BILLING CODE 3410—05—S Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Proposed Rule Stage 07/29/02 06/00/09 10/00/09 Animal and Plant Health Inspection Service, 4700 River Road, Unit 84, Riverdale, MD 20737–1234 Phone: 301 734–0658 RIN: 0579–AC02 14. ANIMAL WELFARE: MARINE MAMMALS; NONCONSENSUS LANGUAGE AND INTERACTIVE PROGRAMS (RULEMAKING RESULTING FROM A SECTION 610 REVIEW) Action Legal Authority: 7 USC 2131 to 2159 Regulatory Flexibility Analysis Required: Yes Agency Contact: Barbara Kohn, Senior Staff Veterinarian, Animal Care, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 84, Riverdale, MD 20737–1234 Phone: 301 734–7833 RIN: 0579–AB24 16. IMPORTATION OF PLANTS FOR PLANTING; ESTABLISHING A NEW CATEGORY OF PLANTS FOR PLANTING NOT AUTHORIZED FOR IMPORTATION PENDING RISK ASSESSMENT (RULEMAKING RESULTING FROM A SECTION 610 REVIEW) 15. ANIMAL WELFARE; REGULATIONS AND STANDARDS FOR BIRDS Legal Authority: 7 USC 2131 to 2159 Abstract: APHIS intends to establish standards for the humane handling, care, treatment, and transportation of birds other than birds bred for use in research. Timetable: Abstract: This action would establish a new category in the regulations governing the importation of nursery stock, also known as plants for planting. This category would list taxa of plants for planting whose importation is not authorized pending risk assessment. We would allow foreign governments to request that a pest risk assessment be conducted for a taxon whose importation is not authorized pending risk evaluation. After the pest risk assessment was completed, we would conduct rulemaking to remove the taxon from the proposed category if determined appropriate by the risk assessment. We are also proposing to expand the scope of the plants regulated in the plants for planting regulations to include nonvascular plants. These changes would ANPRM Comment Period End NPRM NPRM Comment Period End Abstract: The U.S. Department of Agriculture regulates the humane handling, care, treatment, and transportation of certain marine mammals under the Animal Welfare Act. The present standards for these animals have been in effect since 1979, and amended in 1984. During this time, advances have been made and new information has been developed with regard to the housing and care of marine mammals. This rulemaking addresses marine mammal standards on which consensus was not reached during negotiated rulemaking conducted between September 1995 and July 1996. These include standards affecting variances, indoor facilities, outdoor facilities, space requirements, and water quality, as well as swimwith-the-dolphin programs. These actions appear necessary to ensure that the minimum standards for the humane handling, care, treatment, and transportation of marine mammals in captivity are based on current general, industry, and scientific knowledge and experience. Timetable: Action ANPRM VerDate Nov<24>2008 Date FR Cite 05/30/02 67 FR 37731 07:55 May 08, 2009 Jkt 217001 Date Action Date NPRM NPRM Comment Period End FR Cite FR Cite 08/00/09 11/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Darrel Styles, Veterinary Medical Officer, Animal Care, Department of Agriculture, PO 00000 Frm 00009 Fmt 1254 Sfmt 1254 Legal Authority: 7 USC 450; 7 USC 7701 to 7772; 7 USC 7781 to 7786; 21 USC 136 and 136a E:\FR\FM\11MYP3.SGM 11MYP3 21874 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda USDA—APHIS Proposed Rule Stage allow us to react more quickly to evidence that a taxon of plants for planting may pose a pest risk while ensuring that our actions are based on scientific evidence. Timetable: Action Date NPRM NPRM Comment Period End FR Cite 06/00/09 08/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Arnold T. Tschanz, Senior Risk Manager, Commodity Import Analysis and Operations, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 133, Riverdale, MD 20737–1231 Phone: 301 734–5306 RIN: 0579–AC03 17. INTRODUCTION OF ORGANISMS AND PRODUCTS ALTERED OR PRODUCED THROUGH GENETIC ENGINEERING Abstract: This rulemaking would revise the regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms in order to bring the regulations into alignment with provisions of the Plant Protection Act. The revisions would also update the regulations in response to advances in genetic science and technology and our accumulated experience in implementing the current regulations. This is the first comprehensive review and revision of the regulations since they were established in 1987. This rule would affect persons involved in the importation, interstate movement, or release into the environment of genetically engineered plants and certain other genetically engineered organisms. Timetable: Date FR Cite 07:55 May 08, 2009 Jkt 217001 Comment Period End NPRM NPRM Comment Period End Correction NPRM Comment Period Reopened NPRM Comment Period End NPRM; Notice of Public Scoping Session NPRM Comment Period Reopened NPRM Comment Period End Final Action FR Cite 09/11/07 10/09/08 73 FR 60007 11/24/08 11/10/08 73 FR 66563 01/16/09 74 FR 2907 03/17/09 03/11/09 74 FR 10517 04/13/09 74 FR 16797 06/29/09 To Be Determined Regulatory Flexibility Analysis Required: Yes Agency Contact: John Turner, Director, Policy Coordination Division, BRS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 146, Riverdale, MD 20737–1236 Phone: 301 734–5720 18. TUBERCULOSIS IN CATTLE; IMPORT REQUIREMENTS FOR ROPING STEERS Legal Authority: 7 USC 1622; 7 USC 8301 to 8317; 21 USC 136 and 136a; 31 USC 9701 Abstract: This document will withdraw a proposed rule that we published on August 24, 2004 (69 FR 51960 to 51962, APHIS Docket No. 03-081-3). In our August 2004 proposed rule, we proposed to require that steers and spayed heifers with any evidence of horn growth that are entering the United States meet the same tuberculosis testing requirements as sexually intact animals entering the United States. Instead of proposing provisions specific to cattle imported for use at rodeos, as our August 2004 proposal did, APHIS is considering broader changes to the tuberculosis regulations. Timetable: Notice of Intent to 01/23/04 69 FR 3271 Prepare an Environmental Impact Statement Comment Period End 03/23/04 Notice of Availability of 07/17/07 72 FR 39021 Draft Environmental Impact Statement VerDate Nov<24>2008 Date RIN: 0579–AC31 Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786; 31 USC 9701 Action Action Action Date Interim Final Rule Interim Final Rule Effective Interim Final Rule Comment Period End PO 00000 Frm 00010 FR Cite 07/20/04 69 FR 43283 08/19/04 09/20/04 Fmt 1254 Sfmt 1254 Action Date Interim Rule; Withdrawal Interim Rule; Withdrawal Effective NPRM NPRM Comment Period End NPRM; Withdrawal FR Cite 08/12/04 69 FR 49783 08/12/04 08/24/04 69 FR 51960 10/25/04 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Francisco Collazo–Mattei, Assistant Director, Ruminant Health Programs, National Center for Animal Health Programs, VS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 43, Riverdale, MD 20737 Phone: 301 734–6954 RIN: 0579–AC50 19. BOVINE SPONGIFORM ENCEPHALOPATHY; IMPORTATION OF BOVINES AND BOVINE PRODUCTS Legal Authority: 7 USC 450; 7 USC 1622; 7 USC 7701 to 7772; 7 USC 8301 to 8317; 21 USC 136 and 136a; 31 USC 9701 Abstract: This rulemaking would amend the regulations regarding the importation of bovines and bovine products. Under this rulemaking, countries would be classified as either negligible risk, controlled risk, or undetermined risk for bovine spongiform encephalopathy (BSE). Some commodities would be allowed importation into the United States regardless of the BSE classification of the country of export. Other commodities would be subject to importation restrictions or prohibitions based on the type of commodity and the BSE classification of the country. The criteria for country classification and commodity import would be closely aligned with those of the World Organization for Animal Health. Timetable: Action Date NPRM NPRM Comment Period End FR Cite 06/00/09 08/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Christopher Robinson, Senior Staff Veterinarian, Technical Trade Services, National E:\FR\FM\11MYP3.SGM 11MYP3 21875 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda USDA—APHIS Proposed Rule Stage Center for Import and Export, VS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 40, Riverdale, MD 20737–1231 Phone: 301 734–7837 RIN: 0579–AC68 20. ∑ SCRAPIE IN SHEEP AND GOATS Legal Authority: 7 USC 8301 to 8317 Abstract: This rulemaking would amend the scrapie regulations by changing the risk groups and categories established for individual animals and for flocks, increasing the use of genetic testing as a means of assigning risk levels to animals, reducing movement restrictions for animals found to be genetically less susceptible or resistant to scrapie, and simplifying, reducing, or removing certain recordkeeping requirements. This action would provide designated scrapie epidemiologists with more alternatives and flexibility when testing animals in order to determine flock designations under the regulations. It would change the definition of high-risk animal, which will change the types of animals eligible for indemnity, and to pay higher indemnity for certain pregnant ewes and early maturing ewes. It would also make the identification and recordkeeping requirements for goat owners consistent with those for sheep owners. These changes would affect sheep and goat producers and State governments. Timetable: Action Date NPRM NPRM Comment Period End Agency Contact: Diane Sutton, National Scrapie Program Coordinator, Ruminant Health Programs, NCAHP, VS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 43, Riverdale, MD 20737–1235 Phone: 301 734–6954 RIN: 0579–AC92 Abstract: Currently APHIS does not require a phytosanitary certificate to accompany fruits and vegetables imported into the United States except for certain fruits and vegetables grown in designated foreign regions. This rule will require that a phytosanitary certificate accompany noncommercial consignments of fresh fruits and vegetables imported into the United States by air passengers. Timetable: Action Date NPRM NPRM Comment Period End NPRM; Availability of Risk Assessment NPRM; Availability of Risk Assessment Comment Period End Final Action FR Cite 08/29/01 66 FR 45637 10/29/01 05/24/06 71 FR 29846 07/24/06 06/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Evelia Sosa, Senior Staff Officer, Quarantine Policy Analysis and Support, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 VerDate Nov<24>2008 07:55 May 08, 2009 Jkt 217001 Final Rule Stage River Road, Unit 140, Riverdale, MD 20737–1236 Phone: 301 734–8295 RIN: 0579–AB18 Legal Authority: 7 USC 450; 7 USC 7701 to 7772; 7 USC 7781 to 7786; 21 USC 136 and 136a 22. PHYTOPHTHORA RAMORUM; QUARANTINE AND REGULATIONS Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786 Abstract: This action will amend the Phytophthora ramorum regulations to make the regulations consistent with a Federal Order issued by APHIS in December 2004 that established restrictions on the interstate movement of nursery stock from nurseries in nonquarantined counties in California, Oregon, and Washington. This action will also update conditions for the movement of regulated articles of nursery stock from quarantined areas, as well as restrict the interstate movement of all other nursery stock from nurseries in quarantined areas. We are also updating the list of plants regulated because of P. ramorum and the list of areas that are quarantined for P. ramorum and making other miscellaneous revisions to the regulations. These actions are necessary to prevent the spread of P. ramorum to noninfested areas of the United States. We will continue to update the regulations through additional rulemakings as new scientific information on this pathogen becomes available. PO 00000 Frm 00011 Fmt 1254 06/00/09 08/00/09 Regulatory Flexibility Analysis Required: Yes Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) 21. PHYTOSANITARY CERTIFICATES FOR IMPORTED FRUITS AND VEGETABLES FR Cite Sfmt 1254 Timetable: Action Date Interim Final Rule Interim Final Rule Effective Interim Final Rule Comment Period End Final Action FR Cite 02/27/07 72 FR 8585 02/27/07 04/30/07 To Be Determined Regulatory Flexibility Analysis Required: Yes Agency Contact: Jonathan Jones, National Phytophthora Ramorum Program Manager, Pest Detection and Management Programs, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 160, Riverdale, MD 20737 Phone: 301 734–8247 RIN: 0579–AB82 23. BOLL WEEVIL; QUARANTINE AND REGULATIONS Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786 Abstract: This action will establish domestic boll weevil regulations that will restrict the interstate movement of regulated articles within regulated areas and from regulated areas into or through nonregulated areas in commercial cotton producing States. The regulations will help prevent the artificial spread of boll weevil into noninfested areas of the United States E:\FR\FM\11MYP3.SGM 11MYP3 21876 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda USDA—APHIS Final Rule Stage and the reinfestation of areas from which the boll weevil has been eradicated. Timetable: Action Date NPRM NPRM Comment Period End NPRM Comment Period Extended NPRM Comment Period End Final Action FR Cite 10/31/06 71 FR 63707 01/02/07 12/20/06 71 FR 76224 02/01/07 12/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: William Grefenstette, National Coordinator, Boll Weevil Eradication Program, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 138, Riverdale, MD 20737 Phone: 301 734–8676 RIN: 0579–AB91 24. BOVINE SPONGIFORM ENCEPHALOPATHY; MINIMAL–RISK REGIONS AND IMPORTATION OF COMMODITIES; UNSEALING OF MEANS OF CONVEYANCE AND TRANSLOADING OF PRODUCTS Legal Authority: 7 USC 450; 7 USC 1622; 7 USC 7701 to 7772; 7 USC 7781 to 7786; 7 USC 8301 to 8317; 21 USC 136 and 136a; 31 USC 9701; 42 USC 4331 and 4332 Abstract: In a final rule published in the Federal Register on January 4, 2005, we amended the regulations regarding the importation of animals and animal products to establish a category of regions that present a minimal risk of introducing bovine spongiform encephalopathy into the United States via live ruminants and ruminant products and byproducts, and added Canada to this category. We also established conditions for the importation of certain live ruminants and ruminant products and byproducts from such regions. This rule will amend the regulations to broaden who is authorized to break seals on means of conveyances carrying certain ruminants of Canadian origin. Additionally, it will amend the regulations regarding the transiting through the United States of certain ruminant products from Canada to allow for direct transloading of the products from one means of conveyance to another in the United VerDate Nov<24>2008 07:55 May 08, 2009 Jkt 217001 States under Federal supervision. These actions will contribute to the humane treatment of ruminants shipped to the United States from Canada and remove an impediment to international trade, without increasing the risk of the BSE disease agent entering the United States. Import/Export Animals, National Center for Import and Export, VS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 39, Riverdale, MD 20737–1231 Phone: 301 734–8364 RIN: 0579–AC00 Timetable: Action Date Interim Final Rule Interim Final Rule Comment Period End Final Action FR Cite 11/28/05 70 FR 71213 01/27/06 26. NATIONAL VETERINARY ACCREDITATION PROGRAM (RULEMAKING RESULTING FROM A SECTION 610 REVIEW) 03/00/10 Legal Authority: 7 USC 8301 to 8317; 15 USC 1828 Regulatory Flexibility Analysis Required: Yes Agency Contact: Karen A. James–Preston, Director, Technical Trade Services, Animal Products, NCIE, VS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 38, Riverdale, MD 20737–1231 Phone: 301 734–4356 RIN: 0579–AB97 25. STANDARDS FOR PERMANENT, PRIVATELY OWNED HORSE QUARANTINE FACILITIES (SECTION 610 REVIEW) Legal Authority: 7 USC 1622; 7 USC 8301 to 8317; 21 USC 136 and 136a; 31 USC 9701 Abstract: This rulemaking will establish standards for the approval of permanent, privately owned quarantine facilities for horses. We are taking this action because regional and seasonal demand for quarantine services for horses often exceeds the space available at existing facilities. Allowing imported horses to be quarantined in permanent, privately owned quarantine facilities that meet these newly proposed criteria facilitates the importation of horses while continuing to protect against the introduction of communicable diseases of horses. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 12/13/06 71 FR 74827 02/12/07 05/00/09 Abstract: This rulemaking will amend the regulations regarding the National Veterinary Accreditation Program to establish two accreditation categories in place of the current single category, to add requirements for supplemental training and renewal of accreditation, and to offer accreditation specializations. These changes are intended to support the Agency’s animal health safeguarding initiatives, to involve accredited veterinarians in integrated surveillance activities, and to make the provisions governing our National Veterinary Accreditation Program more uniform and consistent. Timetable: Action Date NPRM NPRM Comment Period End Supplemental NPRM Supplemental NPRM Comment Period End Final Action FR Cite 06/01/06 71 FR 31109 07/31/06 02/27/07 72 FR 8634 04/30/07 03/00/10 Regulatory Flexibility Analysis Required: No Agency Contact: Todd Behre, Program Manager, National Veterinary Accreditation Program, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 46, Riverdale, MD 20737 Phone: 301 734–6188 RIN: 0579–AC04 27. CITRUS CANKER; COMPENSATION FOR CERTIFIED CITRUS NURSERY STOCK Regulatory Flexibility Analysis Required: Yes Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786 Agency Contact: Ellen Buck, Veterinary Medical Officer, Abstract: This rulemaking will establish provisions under which PO 00000 Frm 00012 Fmt 1254 Sfmt 1254 E:\FR\FM\11MYP3.SGM 11MYP3 21877 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda USDA—APHIS Final Rule Stage eligible commercial citrus nurseries may, subject to the availability of appropriated funds, receive payments for certified citrus nursery stock destroyed to eradicate or control citrus canker. The payment of these funds is necessary in order to reduce the economic effects on affected commercial citrus nurseries that have had certified citrus nursery stock destroyed to control citrus canker. Timetable: Action Date Interim Final Rule Interim Final Rule Effective Interim Final Rule Comment Period End Affirmation of Interim Final Rule FR Cite 06/08/06 71 FR 33168 06/08/06 08/07/06 08/00/09 the U.S./Canada border of prohibited material that originated in regions other than Canada that presents a high risk of introducing plant pests or animal diseases into the United States. These findings, combined with additional Canadian airport preclearance data on interceptions of ineligible agricultural products approaching the U.S. border from Canada, strongly indicate that we need to expand and strengthen our pest exclusion and smuggling interdiction efforts at that border. In order to do this and to recover the costs of our existing inspection activity, we need to collect user fees from commercial conveyances and international air passengers entering the United States from Canada. Timetable: Action Regulatory Flexibility Analysis Required: Yes Agency Contact: Stephen Poe, Senior Staff Officer, Emergency and Domestic Programs, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 137, Riverdale, MD 20737–1231 Phone: 301 734–4387 Date Interim Final Rule Interim Final Rule Comment Period End Interim Final Rule Effective Delay of Effective Date Delay of Effective Date Final Action FR Cite 08/25/06 71 FR 50320 11/24/06 11/24/06 11/22/06 71 FR 67436 02/26/07 72 FR 8261 To Be Determined Legal Authority: 7 USC 450; 7 USC 7701 to 7772; 7 USC 7781 to 7786; 7 USC 8301 to 8317; 21 USC 136 and 136a; 49 USC 80503 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alan S. Green, Executive Director, Plant Health Programs, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 36, Riverdale, MD 20737 Phone: 301 734–8261 RIN: 0579–AC06 Abstract: This action will amend the foreign quarantine and user fee regulations by removing the exemptions from inspection for fruits and vegetables grown in Canada and the exemptions from user fees for commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international air passengers entering the United States from Canada. As a result of this action, all agricultural products imported from Canada will be subject to inspection, and commercial conveyances, as well as airline passengers arriving on flights from Canada, will be subject to inspection and user fees. We are taking this action in part because we are not recovering the costs of our current inspection activities at the U.S./Canada border. In addition, our data show an increasing number of interceptions on 29. CITRUS CANKER; QUARANTINE OF THE STATE OF FLORIDA Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786 Abstract: This action will amend the citrus canker regulations to list the entire State of Florida as a quarantined area for citrus canker and amend the requirements for the movement of regulated articles from Florida now that the eradication of citrus canker in Florida is no longer being carried out as an objective. It will also amend the regulations to allow regulated articles that would not otherwise be eligible for interstate movement to be moved to a port for immediate export. These changes are necessary in light of the Department’s determination that the established eradication program was no RIN: 0579–AC05 28. AGRICULTURAL INSPECTION AND AQI USER FEES ALONG THE U.S./CANADA BORDER VerDate Nov<24>2008 07:55 May 08, 2009 Jkt 217001 PO 00000 Frm 00013 Fmt 1254 Sfmt 1254 longer a scientifically feasible option to address citrus canker. Timetable: Action Date Interim Final Rule Interim Final Rule Effective Interim Final Rule Comment Period End Technical Amendment Final Action FR Cite 08/01/06 71 FR 43345 08/01/06 10/02/06 01/12/07 72 FR 1415 09/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Stephen Poe, Senior Staff Officer, Emergency and Domestic Programs, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 137, Riverdale, MD 20737–1231 Phone: 301 734–4387 RIN: 0579–AC07 30. USER FEES; EXPORT CERTIFICATION FOR PLANTS AND PLANT PRODUCTS Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786; 7 USC 8301 to 8317; 21 USC 136 and 136a; 49 USC 80503 Abstract: This rulemaking will amend the user fee regulations by adjusting the fees charged for export certification of plants and plant products. We are increasing these user fees for fiscal years 2009 through 2012 to reflect the anticipated costs associated with providing these services during each year. This action adds a new user fee for Federal export certificates for plants and plant products that an exporter obtains from a State or county cooperator in order to recover our costs associated with that service. Finally, the action will make several nonsubstantive changes to the regulations for clarity. These changes will enable us to properly recover the costs of providing export certification services for plants and plant products. Timetable: Action Date NPRM NPRM Comment Period End Final Rule FR Cite 06/12/07 72 FR 32223 08/13/07 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Marcus McElvaine, Senior Import Specialist, PIM, PPQ, E:\FR\FM\11MYP3.SGM 11MYP3 21878 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda USDA—APHIS Final Rule Stage Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 140, Riverdale, MD 20737–1236 Phone: 301 734–4382 RIN: 0579–AC22 31. IMPORTATION OF POULTRY AND POULTRY PRODUCTS FROM REGIONS AFFECTED WITH HIGHLY PATHOGENIC AVIAN INFLUENZA Legal Authority: 7 USC 1622; 7 USC 8301 to 8317; 21 USC 136 and 136a Abstract: This rulemaking will amend the regulations concerning the importation of animals and animal products to prohibit or restrict the importation of birds, poultry, and bird and poultry products from regions that have reported the presence in commercial birds or poultry of highly pathogenic avian influenza other than subtype H5N1. This action will supplement existing prohibitions and restrictions on articles from regions that have reported the presence of exotic Newcastle disease or highly pathogenic avian influenza subtype H5N1. The new restrictions will be almost identical to those imposed on articles from regions with exotic Newcastle disease. Interim Final Rule Interim Final Rule Comment Period End FR Cite 04/00/09 06/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Julia Punderson, Senior Staff Veterinarian, NCIE, Animal Health Policy and Programs, VS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 38, Riverdale, MD 20737 Phone: 301 734–4356 RIN: 0579–AC36 VerDate Nov<24>2008 07:55 May 08, 2009 Jkt 217001 Timetable: Action Date Interim Final Rule (IFR) Interim Final Rule Comment Period End IFR; Delay of Effective Date Interim Final Rule Effective IFR; Delay of Effective Date Amended Interim Final Rule FR Cite 09/09/08 73 FR 52173 11/10/08 10/28/08 73 FR 63867 01/09/09 01/02/09 74 FR 1 04/00/09 Regulatory Flexibility Analysis Required: Yes Timetable: Action Date FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: P. Gary Egrie, Senior Staff Veterinary Medical Officer, National Center for Animal Health Programs, VS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 46, Riverdale, MD 20737–1231 Phone: 301 734–6188 Agency Contact: Deborah McPartlan, Staff Officer, Emergency and Domestic Programs, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 134, Riverdale, MD 20737–1236 Phone: 301 734–5356 Peter Merrill, Senior Staff Veterinarian, National Center for Import and Export, VS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 39, Riverdale, MD 20737–1231 Phone: 301 734–8364 RIN: 0579–AC71 RIN: 0579–AC74 33. VIRAL HEMORRHAGIC SEPTICEMIA; INTERSTATE MOVEMENT AND IMPORT RESTRICTIONS ON CERTAIN LIVE FISH 34. IMPORTATION OF GRAPES FROM CHILE UNDER A SYSTEMS APPROACH Interim Final Rule Interim Final Rule Comment Period End 08/00/09 10/00/09 Legal Authority: 7 USC 1622; 7 USC 8301 to 8317; 21 USC 136 and 136a; 31 USC 9701 Timetable: Date Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786 Abstract: We are quarantining 9 counties in California and the entire State of Hawaii because of the light brown apple moth and restricting the interstate movement of regulated articles from the quarantined areas. This action is necessary on an emergency basis to prevent the spread of the light brown apple moth into noninfested areas of the United States. Kris Caraher, User Fee Section Head, Financial Management Division, MRPBS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 54, Riverdale, MD 20737–1232 Phone: 301 734–5901 Action 32. LIGHT BROWN APPLE MOTH QUARANTINE Abstract: This rulemaking will establish regulations to restrict the interstate movement and importation into the United States of live fish that are susceptible to viral hemorrhagic septicemia, a highly contagious disease of certain fresh and saltwater fish. In 2005 and 2006, viral hemorrhagic septicemia was detected in freshwater fish in several of the Great Lakes and related tributaries. The disease has been responsible for several large-scale dieoffs of wild fish in the Great Lakes region. This action is necessary to prevent further introductions into, and dissemination within, the United States of viral hemorrhagic septicemia. PO 00000 Frm 00014 Fmt 1254 Sfmt 1254 Legal Authority: 7 USC 450; 7 USC 7701 to 7772; 7 USC 7781 to 7786; 7 USC 8301 to 8317; 21 USC 136 and 136a Abstract: This action would amend the fruits and vegetables regulations to allow fresh table grapes from Chile to be imported into the continental United States under a systems approach. Currently, as a condition of entry, all table grapes from Chile must be fumigated with methyl bromide as a risk-mitigation measure for Brevipalpus chilensis. Under this proposal, we would allow a combination of riskmitigation measures, or systems approach, to be employed in lieu of methyl bromide fumigation. The systems approach would provide an alternative to methyl bromide while continuing to provide protection against the introduction of quarantine pests into the United States. E:\FR\FM\11MYP3.SGM 11MYP3 21879 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda USDA—APHIS Final Rule Stage Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 08/27/08 73 FR 50577 10/27/08 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alex Belano, Chief, Commodity Import Analysis and Operations, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 133, Riverdale, MD 20737–1231 Phone: 301 734–5333 RIN: 0579–AC82 California as quarantined areas for Asian citrus psyllid, a vector of a bacterium that causes citrus greening. It would also establish restrictions on the interstate movement of regulated articles from the quarantined areas, as well as treatments under which Asian citrus psyllid host material may be moved interstate from a quarantined area. These actions follow the discovery of citrus greening and/or Asian citrus psyllid in the quarantined areas, and are necessary in order to prevent the spread of the disease and its vector to noninfested areas of the United States. Timetable: Action 35. CITRUS GREENING AND ASIAN CITRUS PSYLLID; QUARANTINE AND INTERSTATE MOVEMENT REGULATIONS Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786; 21 USC 136 and 136a Abstract: This rulemaking will establish regulations that designate the State of Florida and one parish in Louisiana as quarantined areas for citrus greening, and Alabama, Florida, Guam, Hawaii, Puerto Rico, Louisiana, Mississippi, Texas, 3 counties in South Carolina, and portions of 2 counties in Date Interim Final Rule Interim Final Rule Comment Period End FR Cite 07/00/09 09/00/09 36. SIREX WOODWASP; QUARANTINE AND REGULATIONS Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786; 21 USC 136 to 136a Abstract: This rulemaking will quarantine counties in Michigan, New Jersey, New York, Ohio, Pennsylvania, and Vermont because of the Sirex woodwasp and establish restrictions on the interstate movement of regulated articles from these quarantined areas. This action is necessary on an emergency basis to prevent the artificial spread of this plant pest to noninfested areas of the United States. Timetable: Action Regulatory Flexibility Analysis Required: Yes Agency Contact: Stephen Poe, Senior Staff Officer, Emergency and Domestic Programs, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 137, Riverdale, MD 20737–1231 Phone: 301 734–4387 RIN: 0579–AC85 Date Interim Final Rule Interim Final Rule Comment Period End Regulatory Flexibility Analysis Required: Yes Agency Contact: Lynn Evans–Goldner, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 137, Riverdale, MD 20737–1231 Phone: 301 734–7228 RIN: 0579–AC86 Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) 37. PLANT PEST REGULATIONS; UPDATE OF CURRENT PROVISIONS (SECTION 610 REVIEW) Timetable: Date ANPRM ANPRM Comment Period End NPRM NPRM Comment Period End VerDate Nov<24>2008 FR Cite 09/27/96 61 FR 50767 12/26/96 10/09/01 66 FR 51340 02/06/02 07:55 May 08, 2009 Jkt 217001 Date Withdrawal and Reproposal Abstract: APHIS plans to amend its plant pest regulations to align them more closely with the Plant Protection Act and to update them in response to advances in science and technology and our accumulated experiences in implementing the regulations. Action Long-Term Actions Action Legal Authority: 7 USC 450; 7 USC 7711 to 7772; 7 USC 7781 to 7786; 7 USC 8301 to 8317; 21 USC 136 and 136a; 31 USC 9701 To Be Determined FR Cite Regulatory Flexibility Analysis Required: Undetermined Agency Contact: Robert Flanders Phone: 301 734–5930 RIN: 0579–AA80 38. FOOT–AND–MOUTH DISEASE; PAYMENT OF INDEMNITY Legal Authority: 7 USC 8301 to 8317 Abstract: This rule would amend the regulations for the cooperative control and eradication of foot-and-mouth disease (FMD) and other serious diseases, including both cooperative programs and extraordinary emergencies. The purpose of this rule is to remove possible sources of delay in eradicating foot-and-mouth disease, PO 00000 Frm 00015 Fmt 1254 FR Cite 09/00/09 11/00/09 Sfmt 1254 should an occurrence of that disease occur in this country, so that eligible claimants will be fully compensated while at the same time protecting the U.S. livestock population from the further spread of this highly contagious disease. Timetable: Action Date FR Cite NPRM 05/01/02 67 FR 21934 NPRM Comment 06/28/02 67 FR 43566 Period Extended NPRM Comment 07/01/02 Period End NPRM Comment 07/31/02 Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Mark Teachman Phone: 301 734–8073 RIN: 0579–AB34 E:\FR\FM\11MYP3.SGM 11MYP3 21880 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda USDA—APHIS Long-Term Actions 39. TUBERCULOSIS IN CATTLE; IMPORT REQUIREMENTS (SECTION 610 REVIEW) Legal Authority: 7 USC 1622; 7 USC 8301 to 8317; 21 USC 136 and 136a; 31 USC 9701 Abstract: This rulemaking would amend the regulations regarding the importation of animals into the United States to establish several levels of risk classifications to be applied to foreign regions with regard to tuberculosis and to establish requirements governing the importation of cattle and captive bison based on each risk classification. These changes are necessary to help ensure that cattle and captive bison infected with tuberculosis are not imported into the United States. Timetable: Action Date FR Cite NPRM To Be Determined Regulatory Flexibility Analysis Required: Yes Agency Contact: Kelly Rhodes Phone: 301 734–4356 RIN: 0579–AB44 40. MINIMUM AGE REQUIREMENTS FOR THE TRANSPORT OF ANIMALS Legal Authority: 7 USC 2131 to 2159 Abstract: This rulemaking would amend the Animal Welfare Act regulations by adding minimum age and weaning requirements for the transport in commerce of animals. The regulations currently contain such requirements for dogs and cats, but no corresponding ones for other regulated animals, despite the risks associated with the early transport of these species. The rule would also provide an exemption to allow animals to be transported without their mothers for medical treatment and for scientific research before reaching the minimum age and weaning requirement, provided certain conditions are met. Establishing minimum age requirements for the transport of animals and providing for the transport of animals that have not met the minimum age requirements are necessary to help ensure the humane treatment of these animals. Timetable: Action Date NPRM NPRM Comment Period End VerDate Nov<24>2008 FR Cite 05/09/08 73 FR 26344 07/08/08 07:55 May 08, 2009 Jkt 217001 Action Date FR Cite NPRM Comment 07/31/08 73 FR 44671 Period Reopened NPRM Comment 09/02/08 Period Extended Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Barbara Kohn Phone: 301 734–7833 RIN: 0579–AC14 41. ANIMAL WELFARE; CLIMATIC AND ENVIRONMENTAL CONDITIONS FOR TRANSPORTATION OF WARMBLOODED ANIMALS OTHER THAN MARINE MAMMALS Legal Authority: 7 USC 2131 to 2159 Abstract: This rulemaking would amend the Animal Welfare Act regulations regarding transportation of live animals other than marine mammals by removing the current ambient temperature requirements for various stages in the transportation of those animals. The action would replace those requirements with a single performance standard under which the animals would be transported under climatic and environmental conditions that are appropriate for their welfare. The regulations currently require that ambient temperatures be maintained within certain ranges during transportation, but animals may be transported at ambient temperatures below the minimum temperatures if their consignor provides a certificate signed by a veterinarian certifying that the animals are acclimated to temperatures lower than the minimum temperature. This proposal would make acclimation certificates for live animals other than marine mammals unnecessary. This rule would replace a previously published proposed rule, which we are withdrawing as part of this document, that would have required that the acclimation certificate for a dog or cat be signed by the owner of the dog or cat being transported rather than by a veterinarian. This rulemaking does not address marine mammals due to their unique requirements for care and handling. We believe that establishing a single performance standard would ensure that warmblooded animals other than marine mammals are transported in climatic and environmental conditions that are not detrimental to their welfare PO 00000 Frm 00016 Fmt 1254 Sfmt 1254 while allowing for variations in climatic and environmental conditions that are suitable for individual animals. Timetable: Action Date FR Cite NPRM 01/03/08 73 FR 413 NPRM Comment 03/03/08 Period End NPRM Comment 03/18/08 73 FR 14403 Period Reopened NPRM Comment 04/17/08 Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Tracy L. Bowman Phone: 301 734–6328 RIN: 0579–AC41 42. IMPORTATION OF CATTLE FROM MEXICO; ADDITION OF PORT AT SAN LUIS, ARIZONA Legal Authority: 7 USC 1622; 7 USC 8301 to 8317; 21 USC 136 and 136a; 31 USC 9701 Abstract: This rulemaking will amend the regulations regarding the importation of cattle from Mexico by adding San Luis, AZ, as a port through which cattle that have been infested with fever ticks or exposed to fever ticks or tick-borne diseases may be imported into the United States. A new facility for the handling of animals is to be constructed on the Mexican side of the border at the port of San Luis, AZ, that will be equipped with facilities necessary for the proper chute inspection, dipping, and testing that are required for such cattle under the regulations. The rule will also amend the regulations to remove provisions that limit the admission of cattle that have been infested with fever ticks or exposed to fever ticks or tick-borne diseases to the State of Texas. The statutory requirement that limited the admission of those cattle to the State of Texas has been repealed. These changes make an additional port of entry available and relieve restrictions on the movement of imported Mexican cattle within the United States. Timetable: Action Date NPRM NPRM Comment Period End Final Rule E:\FR\FM\11MYP3.SGM 11MYP3 FR Cite 01/29/08 73 FR 5132 03/31/08 01/02/09 74 FR 1 21881 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda USDA—APHIS Action Long-Term Actions Date responsibilities and help ensure a timely and appropriate response should an emergency or disaster occur. Timetable: FR Cite Final Rule Effective; 01/02/09 but the Amendment to 93.427(b)(2) Effective Date Is Delayed Indefinitely Next Action Undetermined Action Date NPRM NPRM Comment Period End NPRM Comment Period Extended NPRM Comment Period End Final Rule Regulatory Flexibility Analysis Required: Yes Agency Contact: Betzaida Lopez Phone: 301 734–8364 RIN: 0579–AC63 43. HANDLING OF ANIMALS; CONTINGENCY PLANS Legal Authority: 7 USC 2131 to 2159 Abstract: This rulemaking would amend the Animal Welfare Act regulations to add requirements for contingency planning and training of personnel by research facilities and by dealers, exhibitors, intermediate handlers, and carriers. We are proposing these requirements because we believe all licensees and registrants should develop a contingency plan for all animals regulated under the Animal Welfare Act in an effort to better prepare for potential disasters. This action would heighten the awareness of licensees and registrants regarding their FR Cite 10/23/08 73 FR 63085 12/22/08 12/19/08 73 FR 77554 02/20/09 To Be Determined Regulatory Flexibility Analysis Required: Yes Agency Contact: Jodie Kulpa–Eddy Phone: 301 734–7833 RIN: 0579–AC69 44. BOVINE TUBERCULOSIS Legal Authority: 7 USC 8301 to 8317 Abstract: This rulemaking would amend the bovine tuberculosis regulations by removing from incorporation by reference the Bovine Tuberculosis Eradication Uniform Methods and Rules, 1999, and including in 9 CFR part 77 all Federal requirements. We are also proposing a number of substantive changes to the requirements in order to enhance our bovine tuberculosis eradication efforts. The proposed changes include, but are not limited to, tightening certain tuberculosis surveillance and reporting requirements; strengthening the quarantine and quarantine-release requirements; setting minimum testing ages, depending upon the status of the State or zone of origin and/or the purpose of movement, when testing is required for interstate movement of cattle and bison; adding new requirements to prevent the spread of tuberculosis from wildlife to cattle and bison; adding new requirements for interstate movement of dairy cattle; strengthening the requirements for individual cattle and bison that are to be added to accredited herds; and providing for the interstate movement of commuter herds. Finally, we would reorganize 9 CFR part 77 to make the regulations clearer and easier to use. Timetable: Action Date NPRM To Be Determined Regulatory Flexibility Analysis Required: Yes Agency Contact: Charles W. Hench Phone: 970 494–7378 RIN: 0579–AC73 Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) 45. INTERSTATE MOVEMENT OF SHEEP AND GOATS; APPROVED LIVESTOCK FACILITIES, IDENTIFICATION, AND RECORDKEEPING REQUIREMENTS Legal Authority: 7 USC 8301 to 8317 Abstract: This rulemaking will amend the regulations regarding the interstate movement of animals to require livestock facilities that handle sheep or goats in interstate commerce to be approved by APHIS. These will include stockyards, livestock markets, buying stations, concentration points, or any other premises where sheep or goats in interstate commerce are assembled. APHIS’ approval will be contingent on the facility operator meeting certain minimum standards and other conditions relating to the receipt, handling, and release of sheep and goats at the facility, as well as complying with certain animal identification and recordkeeping VerDate Nov<24>2008 07:55 May 08, 2009 Jkt 217001 Completed Actions requirements. The standards and other conditions will be based, in part, on recently implemented regulations relating to the interstate movement of sheep and goats in order to control the spread of scrapie, a serious disease of sheep and goats. This rule will provide for the establishment of standards for the approval of livestock facilities that handle sheep or goats in interstate commerce. Completed: Reason Date Final Action Final Action Effective FR Cite 04/01/09 74 FR 14703 05/01/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Diane Sutton Phone: 301 734–6954 RIN: 0579–AB84 PO 00000 Frm 00017 FR Cite Fmt 1254 Sfmt 1254 46. CITRUS CANKER; INTERSTATE MOVEMENT OF REGULATED NURSERY STOCK FROM QUARANTINED AREAS Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786 Abstract: This rulemaking will amend the citrus canker quarantine regulations to explicitly prohibit, with limited exceptions, the interstate movement of regulated nursery stock from a quarantined area and remove calamondin plants from a protocol allowing the limited interstate movement of calamondin and kumquat plants. We decided to provide for the interstate movement of calamondin and kumquat plants based on their apparent resistance to citrus canker. However, we have since discovered calamondin plants affected with citrus canker. This action is necessary to clarify our regulations and to address the risk associated with the interstate E:\FR\FM\11MYP3.SGM 11MYP3 21882 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda USDA—APHIS Completed Actions movement of regulated nursery stock from areas quarantined for citrus canker. Completed: Reason Date Final Rule Final Rule Effective Reason Final Rule Effective Correction 04/09/09 74 FR 16097 05/11/09 Final Rule 04/29/09 04/21/09 74 FR 18115 Agency Contact: Inez Hockaday Phone: 301 734–7517 Kris Caraher Phone: 301 734–5901 RIN: 0579–AC59 47. IMPORT/EXPORT USER FEES Legal Authority: 5 USC 5542; 7 USC 1622; 7 USC 8301 to 8317; 21 USC 136 and 136a; 31 USC 3701; 31 USC 3716 and 3717; 31 USC 3719; 31 USC 3720A Abstract: This rulemaking would amend the regulations concerning user fees for import- and export-related services that we provide for animals, animal products, birds, germplasm, organisms, and vectors. We are proposing increases in those fees for fiscal years 2009 through 2013 in order to ensure that the fees accurately reflect the anticipated costs of providing these services each year. By publishing the annual user fee changes in advance, users can incorporate the fees into their budget planning. The user fees pay for the actual cost of providing these services. Completed: Date FR Cite Regulatory Flexibility Analysis Required: Yes FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Stephen Poe Phone: 301 734–4387 RIN: 0579–AC38 Reason Date FR Cite 03/30/09 74 FR 13999 48. REVISION OF REGULATIONS FOR THE MOVEMENT OF FRUITS AND VEGETABLES FROM HAWAII AND U.S. TERRITORIES INTO THE CONTINENTAL UNITED STATES Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786; 21 USC 136 and 136a Abstract: This rulemaking will revise and reorganize the regulations pertaining to the interstate movement of fruits and vegetables from Hawaii and the territories to consolidate requirements of general applicability and eliminate redundant requirements, update terms and remove outdated requirements and references, and make various editorial and nonsubstantive changes to the regulations to make them easier to use. It will also make substantive changes to the regulations including establishing criteria within the regulations that, if met, will allow us to approve certain new fruits and vegetables for interstate movement in the United States and to acknowledge pest-free areas in Hawaii and U.S. territories expeditiously, and remove the listing in the regulations of some specific commodities as regulated articles. These changes are intended to simplify and expedite our processes for approving certain regulated articles for interstate movement and acknowledging pest-free areas while continuing to allow for public participation in the processes. This final rule does not allow for the interstate movement of any specific new fruits or vegetables, nor does it alter the conditions for interstate movement of currently approved fruits or vegetables. These changes will make our domestic interstate movement regulations more consistent with our fruits and vegetables import regulations. The changes in this final rule will not alter the manner in which the risk associated with a regulated article interstate movement request is evaluated, nor will they alter the manner in which those risks are ultimately mitigated. Completed: Reason Agency Contact: David B. Lamb Phone: 301 734–8758 RIN: 0579–AC70 BILLING CODE 3410—34—S Final Rule Stage 49. GUARANTEED SINGLE–FAMILY HOUSING provide more guidance on program oversight and monitoring. Legal Authority: 5 USC 301; 7 USC 1989; 42 USC 1480 Timetable: VerDate Nov<24>2008 07:55 May 08, 2009 Jkt 217001 FR Cite Regulatory Flexibility Analysis Required: Yes Department of Agriculture (USDA) Rural Housing Service (RHS) Abstract: The Guaranteed SingleFamily Housing program will provide better clarity and consistency within the program. The action is taken to update the regulations to current mortgage industry standards and Date Final Action 01/16/09 74 FR 2770 Final Action Effective 02/17/09 Technical Amendment 04/07/09 74 FR 15640 Action Date NPRM NPRM Comment Period End Final Action FR Cite 12/15/99 64 FR 70124 02/14/00 12/00/09 Regulatory Flexibility Analysis Required: Yes PO 00000 Frm 00018 Fmt 1254 Sfmt 1254 Agency Contact: Joaquin Tremols, Acting Director, Single–Family Housing Guaranteed Loan Division, Department of Agriculture, Rural Housing Service, 1400 Independence Avenue SW, Washington, DC 20250 Phone: 202 720–1465 Fax: 202 205–2476 Email: joaquin.tremols@wdc.usda.gov RIN: 0575–AC18 BILLING CODE 3410—XV—S E:\FR\FM\11MYP3.SGM 11MYP3 21883 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) 50. FEDERAL–STATE INTERSTATE SHIPMENT COOPERATIVE INSPECTION PROGRAM Legal Authority: PL 110–246 (section 11015) Abstract: FSIS is proposing regulations to implement a new voluntary FederalState cooperative inspection program under which State-inspected establishments with 25 or fewer employees would be eligible to ship meat and poultry products in interstate commerce. State-inspected establishments selected to participate in this program would be required to comply with all Federal standards under the Federal Meat Inspection Act (FMIA) and the Poultry Products Inspection Act (PPIA). These Proposed Rule Stage establishments would receive inspection services from State inspection personnel that have been trained and certified to assist with enforcement of the FMIA and PPIA. Meat and poultry products produced under the program that have been inspected and passed by selected Stateinspection personnel would bear a Federal mark of inspection. FSIS is proposing these regulations in response to the Food, Conservation, and Energy Act, enacted on June 18, 2008 (the 2008 Farm Bill). Section 11015 of 2008 Farm Bill provides for the interstate shipment of State-inspected meat and poultry product from selected establishments and requires that FSIS promulgate implementing regulations no later than 18 months from the date of its enactment Timetable: Action Date NPRM 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Rachel Edelstein, Director, Policy Issuances Division, Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250 Phone: 202 720–5627 Fax: 202 690–0486 Email: rachel.edelstein@fsis.usda.gov RIN: 0583–AD37 Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) 51. PERFORMANCE STANDARDS FOR THE PRODUCTION OF PROCESSED MEAT AND POULTRY PRODUCTS; CONTROL OF LISTERIA MONOCYTOGENES IN READY–TO–EAT MEAT AND POULTRY PRODUCTS Legal Authority: 21 USC 451 et seq; 21 USC 601 et seq Abstract: FSIS has proposed to establish pathogen reduction performance standards for all ready-toeat (RTE) and partially heat-treated meat and poultry products, and measures, including testing, to control Listeria monocytogenes in RTE products. The performance standards spell out the objective level of pathogen reduction that establishments must meet during their operations in order to produce safe products but allow the use of customized, plant-specific processing procedures other than those prescribed in the earlier regulations. With HACCP, food safety performance Final Rule Stage standards give establishments the incentive and flexibility to adopt innovative, science-based food safety processing procedures and controls, while providing objective, measurable standards that can be verified by Agency inspectional oversight. This set of performance standards will include and be consistent with standards already in place for certain ready-to-eat meat and poultry products. Timetable: Date NPRM Comment Period Reopened NPRM Comment Period End Final Action Affirmation of Interim Final Rule Legal Authority: Not Yet Determined VerDate Nov<24>2008 07:55 May 08, 2009 Jkt 217001 FR Cite 03/24/05 70 FR 15017 05/09/05 09/00/09 03/00/10 Regulatory Flexibility Analysis Required: Yes 06/06/03 68 FR 34208 10/06/03 Agency Contact: Dr. Daniel L. Engeljohn, Deputy Assistant Administrator, Office of Policy and Program Development, Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250 Phone: 202 205–0495 Fax: 202 401–1760 Email: daniel.engeljohn@fsis.usda.gov 01/31/05 RIN: 0583–AC46 Action Date NPRM NPRM Comment Period End NPRM Comment Period Extended NPRM Comment Period End Interim Final Rule Interim Final Rule Effective Interim Final Rule Comment Period End Action FR Cite 02/27/01 66 FR 12590 05/29/01 07/03/01 66 FR 35112 09/10/01 BILLING CODE 3410—DM—S Department of Agriculture (USDA) Forest Service (FS) 52. SPECIAL AREAS; STATE–SPECIFIC INVENTORIED ROADLESS AREA MANAGEMENT: COLORADO FR Cite Final Rule Stage Abstract: On April 11, 2007, Governor of Colorado Ritter submitted a petition under the provisions of the Administrative Procedure Act (5 U.S.C. 553(e)) and Agriculture Department regulation (7 CFR 1.28) to promulgate regulations, in cooperation with the PO 00000 Frm 00019 Fmt 1254 Sfmt 1254 State, for the management of inventoried roadless areas within the State of Colorado. After review and recommendation by the Roadless Area Conservation National Advisory Committee, the Secretary accepted the Governor’s petition and initiated a E:\FR\FM\11MYP3.SGM 11MYP3 21884 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda USDA—FS Final Rule Stage proposed rulemaking for inventoried roadless areas in Colorado. The proposed rulemaking would manage Colorado’s inventoried roadless areas by prohibiting road building and tree cutting, with some exceptions, on 4.1 million acres of inventoried roadless areas in Colorado. The 4.1 million acres reflect the most updated IRA boundaries for Colorado, which incorporate planning rule revisions since 2001 on several Colorado national forests. Inventoried roadless areas that are allocated to ski area special uses (approximately 10,000 acres) would also be removed from roadless designation. Road construction and reconstruction plus timber harvesting would be prohibited in inventoried roadless areas, with some exceptions, on the Arapaho-Roosevelt, Grand MesaUncompahgre, Gunnison, Manti-La Sal, Pike-San Isabel, Rio Grande, Routt, San Juan, and White River National Forests in Colorado. Exceptions to the prohibitions would be allowed for certain health, safety, valid existing rights, resource protection, and ecological management needs. Web site: https://roadless.fs.fed.us Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Lorrie Parker, Regulatory Analyst, Department of Agriculture, Forest Service, ATTN: ORMS, D&R Branch, 1400 Independence Avenue SW, Washington, DC 20250–0003 Phone: 202 205–6560 Fax: 202 205–6539 Email: lsparker@fs.fed.us RIN: 0596–AC74 BILLING CODE 3410—11—S 07/25/08 73 FR 43544 10/23/08 10/00/09 Department of Agriculture (USDA) Office of the Secretary (AgSEC) 53. VOLUNTARY LABELING PROGRAM FOR DESIGNATED BIOBASED PRODUCTS Legal Authority: PL 110–246 Abstract: The purpose of the program is to provide a ‘‘USDA Certified Biobased Product’’ label for use on biobased products meeting certain criteria to be established in the proposed rule, to specify those criteria for gaining use of the label, establish a system to make the label available to manufacturers and vendors of biobased products, and to establish the labeling program. Timetable: Action Date NPRM 07/00/09 FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Ron Buckhalt, Manager, Biopreferred Program, Proposed Rule Stage Departmental Administration, Department of Agriculture, 342 Reporters Building, 300 7th St. SW, Washington, DC 20250 Phone: 202 205–4008 Fax: 202 720–8972 Email: ronb.buckhalt@da.usda.gov RIN: 0503–AA35 54. DESIGNATION OF BIOBASED ITEMS FOR FEDERAL PROCUREMENT, ROUND 7 Legal Authority: PL 110–246 Abstract: Designates bath products; concrete and asphalt cleaners, including microbial and non-microbial concrete and asphalt cleaners as subcategories; corrosion removers; dishwashing detergents; floor cleaners and protectors; hair cleaning products, including shampoos and conditioners as subcategories; microbial cleaners; oven and grill cleaners; slide way lubricants; and thermal shipping containers, including durable and nondurable thermal shipping containers as subcategories. Timetable: Action Date NPRM 09/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Ron Buckhalt, Manager, Biopreferred Program, Departmental Administration, Department of Agriculture, 342 Reporters Building, 300 7th St. SW, Washington, DC 20250 Phone: 202 205–4008 Fax: 202 720–8972 Email: ronb.buckhalt@da.usda.gov RIN: 0503–AA36 BILLING CODE 3410—90—S Department of Agriculture (USDA) Rural Business—Cooperative Service (RBS) 55. RENEWABLE ENERGY—CLARIFY REQUIREMENTS FOR CONSTRUCTION/DEVELOPMENT OF ENERGY PROGRAM PROJECTS (RULEMAKING RESULTING FROM A SECTION 610 REVIEW) Legal Authority: 5 USC 301; 7 USC 1989; 42 USC 1480 VerDate Nov<24>2008 07:55 May 08, 2009 Jkt 217001 Proposed Rule Stage Abstract: The Rural BusinessCooperative Service (Agency) is amending its regulation for clarity. This regulation provides financial assistance to agricultural producers and rural small businesses for the purpose of purchasing and installing renewable energy systems and energy efficiency improvements in rural areas. Financial PO 00000 Frm 00020 FR Cite Fmt 1254 Sfmt 1254 assistance to any single entity may be provided as a direct loan, guaranteed loan or grant, or a combination of a loan and grant. The current regulations were implemented in July of 2005. In reviewing the program, it has become evident that some of the language in the existing regulation was misinterpreted by field offices and E:\FR\FM\11MYP3.SGM 11MYP3 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda USDA—RBS Proposed Rule Stage applicants. With a relatively new program like this, it takes some time to get applications completed and the program reviewed before one realizes the need for corrections to Instruction language. Timetable: Action Date NPRM 07:55 May 08, 2009 FR Cite Action Date NPRM Comment Period End FR Cite 08/00/09 Regulatory Flexibility Analysis Required: No Agency Contact: Larry Fleming, Senior Architect, Department of Agriculture, STOP 0761, 1400 Independence Avenue SW, Washington, DC 20250 Phone: 202 720–8547 Fax: 202 690–4335 Email: larry.fleming@wdc.usda.gov RIN: 0570–AA69 [FR Doc. E9–10266 Filed 05–08–09; 8:45 am] 06/00/09 VerDate Nov<24>2008 21885 Jkt 217001 PO 00000 Frm 00021 Fmt 1254 Sfmt 1254 BILLING CODE 3410–XY–S E:\FR\FM\11MYP3.SGM 11MYP3

Agencies

DEPARTMENT OF AGRICULTURE

[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Unknown Section]
[Pages 21865-21885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10266]


[[Page 21865]]

-----------------------------------------------------------------------

Part III





Department of Agriculture





-----------------------------------------------------------------------



Semiannual Regulatory Agenda

[[Page 21866]]



DEPARTMENT OF AGRICULTURE (USDA)






_______________________________________________________________________

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Subtitle A, Chs. I-VII, IX-XII, XIV-XVIII, XXI, XXIV-XXIX

9 CFR Chs. I-IV

36 CFR Ch. II

41 CFR Ch. 4

Semiannual Regulatory Agenda, Spring 2009

AGENCY: Office of the Secretary, USDA.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: This agenda provides summary descriptions of significant and 
not significant regulations being developed in agencies of the U.S. 
Department of Agriculture (USDA) in conformance with Executive Order 
12866 ``Regulatory Planning and Review.''

     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) 720-1272.

Dated: March 6, 2009.

 Michael Poe,

Chief, Legislative and Regulatory Staff.

                                  Agricultural Marketing Service--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1           National Organic Program: Add Standards for the Organic Certification of Wild Captured    0581-AB97
            Aquatic Animals, (TM-01-08)...........................................................
----------------------------------------------------------------------------------------------------------------


                               Agricultural Marketing Service--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2           National Organic Program: Dairy Replacement Animals (Livestock) (TM-07-03)............    0581-AC69
3           Mushroom Promotion, Research and Consumer Information Order (FV-08-702)...............    0581-AC82
----------------------------------------------------------------------------------------------------------------


                                Agricultural Marketing Service--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
4           National Organic Program: Access to Pasture (TM-05-14)................................    0581-AC57
5           Dairy Import Assessments (DA-08-07)...................................................    0581-AC87
----------------------------------------------------------------------------------------------------------------


                                Agricultural Marketing Service--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
6           National Organic Program, Sunset (2011) (Crops and Processing) (TM-07-14).............    0581-AC77
----------------------------------------------------------------------------------------------------------------


[[Page 21867]]


                                Agricultural Marketing Service--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
7           Mandatory Country of Origin Labeling of Beef, Pork, Lamb, Fish, Perishable                0581-AC26
            Agricultural Commodities, and Peanuts (LS-07-0081)....................................
8           Specialty Crop Block Grant Program (Farm Bill)........................................    0581-AC88
----------------------------------------------------------------------------------------------------------------


                                    Farm Service Agency--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
9           Farm Loan Programs Loan Making Activities.............................................    0560-AI03
10          Conservation Loan Guarantee Program...................................................    0560-AI04
11          Loan Servicing; Farm Loan Programs....................................................    0560-AI05
----------------------------------------------------------------------------------------------------------------


                                     Farm Service Agency--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
12          Emergency Forest Restoration Program..................................................    0560-AH89
13          Biomass Crop Assistance Program.......................................................    0560-AH92
----------------------------------------------------------------------------------------------------------------


                         Animal and Plant Health Inspection Service--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
14          Animal Welfare: Marine Mammals; Nonconsensus Language and Interactive Programs            0579-AB24
            (Rulemaking Resulting From a Section 610 Review)......................................
15          Animal Welfare; Regulations and Standards for Birds...................................    0579-AC02
16          Importation of Plants for Planting; Establishing a New Category of Plants for Planting    0579-AC03
            Not Authorized for Importation Pending Risk Assessment (Rulemaking Resulting From a
            Section 610 Review)...................................................................
17          Introduction of Organisms and Products Altered or Produced Through Genetic Engineering    0579-AC31
18          Tuberculosis in Cattle; Import Requirements for Roping Steers.........................    0579-AC50
19          Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine Products..........    0579-AC68
20          Scrapie in Sheep and Goats............................................................    0579-AC92
----------------------------------------------------------------------------------------------------------------


                          Animal and Plant Health Inspection Service--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
21          Phytosanitary Certificates for Imported Fruits and Vegetables.........................    0579-AB18
22          Phytophthora Ramorum; Quarantine and Regulations......................................    0579-AB82
23          Boll Weevil; Quarantine and Regulations...............................................    0579-AB91
24          Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities;    0579-AB97
            Unsealing of Means of Conveyance and Transloading of Products.........................
25          Standards for Permanent, Privately Owned Horse Quarantine Facilities (Section 610         0579-AC00
            Review)...............................................................................
26          National Veterinary Accreditation Program (Rulemaking Resulting From a Section 610        0579-AC04
            Review)...............................................................................
27          Citrus Canker; Compensation for Certified Citrus Nursery Stock........................    0579-AC05
28          Agricultural Inspection and AQI User Fees Along the U.S./Canada Border................    0579-AC06
29          Citrus Canker; Quarantine of the State of Florida.....................................    0579-AC07
30          User Fees; Export Certification for Plants and Plant Products.........................    0579-AC22
31          Importation of Poultry and Poultry Products From Regions Affected With Highly             0579-AC36
            Pathogenic Avian Influenza............................................................
32          Light Brown Apple Moth Quarantine.....................................................    0579-AC71
33          Viral Hemorrhagic Septicemia; Interstate Movement and Import Restrictions on Certain      0579-AC74
            Live Fish.............................................................................

[[Page 21868]]

 
34          Importation of Grapes From Chile Under a Systems Approach.............................    0579-AC82
35          Citrus Greening and Asian Citrus Psyllid; Quarantine and Interstate Movement              0579-AC85
            Regulations...........................................................................
36          Sirex Woodwasp; Quarantine and Regulations............................................    0579-AC86
----------------------------------------------------------------------------------------------------------------


                          Animal and Plant Health Inspection Service--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
37          Plant Pest Regulations; Update of Current Provisions (Section 610 Review).............    0579-AA80
38          Foot-and-Mouth Disease; Payment of Indemnity..........................................    0579-AB34
39          Tuberculosis in Cattle; Import Requirements (Section 610 Review)......................    0579-AB44
40          Minimum Age Requirements for the Transport of Animals.................................    0579-AC14
41          Animal Welfare; Climatic and Environmental Conditions for Transportation of               0579-AC41
            Warmblooded Animals Other Than Marine Mammals.........................................
42          Importation of Cattle From Mexico; Addition of Port at San Luis, Arizona..............    0579-AC63
43          Handling of Animals; Contingency Plans................................................    0579-AC69
44          Bovine Tuberculosis...................................................................    0579-AC73
----------------------------------------------------------------------------------------------------------------


                          Animal and Plant Health Inspection Service--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
45          Interstate Movement of Sheep and Goats; Approved Livestock Facilities, Identification,    0579-AB84
            and Recordkeeping Requirements........................................................
46          Citrus Canker; Interstate Movement of Regulated Nursery Stock From Quarantined Areas..    0579-AC38
47          Import/Export User Fees...............................................................    0579-AC59
48          Revision of Regulations for the Movement of Fruits and Vegetables From Hawaii and U.S.    0579-AC70
            Territories Into the Continental United States........................................
----------------------------------------------------------------------------------------------------------------


                                     Rural Housing Service--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
49          Guaranteed Single-Family Housing......................................................    0575-AC18
----------------------------------------------------------------------------------------------------------------


                             Food Safety and Inspection Service--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
50          Federal-State Interstate Shipment Cooperative Inspection Program......................    0583-AD37
----------------------------------------------------------------------------------------------------------------


                              Food Safety and Inspection Service--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
51          Performance Standards for the Production of Processed Meat and Poultry Products;          0583-AC46
            Control of Listeria Monocytogenes in Ready-To-Eat Meat and Poultry Products...........
----------------------------------------------------------------------------------------------------------------


[[Page 21869]]


                                        Forest Service--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
52          Special Areas; State-Specific Inventoried Roadless Area Management: Colorado..........    0596-AC74
----------------------------------------------------------------------------------------------------------------


                                  Office of the Secretary--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
53          Voluntary Labeling Program for Designated Biobased Products...........................    0503-AA35
54          Designation of Biobased Items for Federal Procurement, Round 7........................    0503-AA36
----------------------------------------------------------------------------------------------------------------


                             Rural Business-Cooperative Service--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
55          Renewable Energy--Clarify Requirements for Construction/Development of Energy Program     0570-AA69
            Projects (Rulemaking Resulting From a Section 610 Review).............................
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Department of Agriculture (USDA)                          Prerule Stage


Agricultural Marketing Service (AMS)



_______________________________________________________________________



1. NATIONAL ORGANIC PROGRAM: ADD STANDARDS FOR THE ORGANIC CERTIFICATION 
OF WILD CAPTURED AQUATIC ANIMALS, (TM-01-08)

Legal Authority: 7 USC 6501 to 6522

Abstract: The Agricultural Marketing Service (AMS) is revising 
regulations pertaining to labeling of agricultural products as 
organically produced and handled (7 CFR part 205). The term ``aquatic 
animal'' will be incorporated in the definition of livestock to 
establish production and handling standards for operations that capture 
aquatic animals from the wild. Production standards for operations 
producing aquatic animals will incorporate requirements for livestock 
origin, feed ration, health care, living conditions, and recordkeeping. 
Handling standards for such operations will address prevention of 
commingling of organically produced commodities and prevention of 
contact between organically produced and prohibited substances.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Richard H. Mathews, Chief of Standards Development and 
Review Branch, Department of Agriculture, Agricultural Marketing 
Service, 1400 Independence Avenue SW, Washington, DC 20250
Phone: 202 720-3252
Fax: 202 205-7808
Email: richard.mathews@usda.gov

RIN: 0581-AB97
_______________________________________________________________________


Department of Agriculture (USDA)                    Proposed Rule Stage


Agricultural Marketing Service (AMS)



_______________________________________________________________________



2. NATIONAL ORGANIC PROGRAM: DAIRY REPLACEMENT ANIMALS (LIVESTOCK) (TM-
07-03)

Legal Authority: 7 USC 6501

Abstract: The National Organic Program (NOP) is administered by the 
Agricultural Marketing Service (AMS). Under the NOP, AMS established 
national standards for the production and handling of organically 
produced products. Since implementation of the NOP, some members of the 
public have advocated for amending the regulations for sourcing dairy 
replacement animals. They have asserted that the current regulatory 
language on sourcing dairy replacement animals lacks clarity, has 
established an inequitable two track system, and has harmed organic 
dairy producers by creating an environment that has prevented the 
development of a market for organic dairy replacement animals. They 
seek amendment to the regulations to require that once a dairy 
operation has converted to organic production all future animals be 
organic from the last third of gestation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/09
Final Action                    01/00/10

Regulatory Flexibility Analysis Required: Yes

[[Page 21870]]

Agency Contact: Richard H. Mathews, Chief of Standards Development and 
Review Branch, Department of Agriculture, Agricultural Marketing 
Service, 1400 Independence Avenue SW, Washington, DC 20250
Phone: 202 720-3252
Fax: 202 205-7808
Email: richard.mathews@usda.gov

RIN: 0581-AC69
_______________________________________________________________________



3. MUSHROOM PROMOTION, RESEARCH AND CONSUMER INFORMATION ORDER (FV-08-
702)

Legal Authority: 7 USC 6101 to 6112

Abstract: The Farm Bill of 2008 amends the Mushroom Promotion, Research 
and Consumer Information Act of 1990 by changing the number of regions 
for nominations purposes from four to three; adjusting the number of 
pounds required to appoint members to the Mushroom Council; and to 
allow for the development of good agricultural and good handling 
practices.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/07/09                    74 FR 15677
NPRM Comment Period End         05/07/09
Final Action                    12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Sonia Jimenez, Marketing Specialist, Department of 
Agriculture, Agricultural Marketing Service, South Building, P.O. Box 
96456, Washington, DC 20050-6456
Phone: 202 720-9915
Fax: 202 205-2800
Email: sonia.jimenez@usda.gov

RIN: 0581-AC82
_______________________________________________________________________


Department of Agriculture (USDA)                       Final Rule Stage


Agricultural Marketing Service (AMS)



_______________________________________________________________________



4. NATIONAL ORGANIC PROGRAM: ACCESS TO PASTURE (TM-05-14)

Legal Authority: 7 USC 6501 et seq

Abstract: The National Organic Program (NOP) is administered by the 
Agricultural Marketing Service (AMS). Under the NOP, AMS established 
national standards for the production and handling of organically 
produced agricultural products. Since implementation of the NOP, some 
members of the public have advocated for a more explicit regulatory 
standard on the relationship between livestock, particularly dairy 
animals, and grazing land. They have asserted the current regulatory 
language on access to pasture for ruminants and temporary confinement 
based on an animal's stage of production, when applied together, do not 
provide a uniform requirement for the pasturing of ruminant animals 
that meet the principles underlying an organic management system for 
livestock and livestock products that consumers expect. Comments 
received as a result of the proposed rule will assist in determining 
the Agency's next steps in rulemaking on this issue.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/13/06                    71 FR 19131
ANPRM Comment Period End        06/12/06
NPRM                            10/24/08                    73 FR 63583
NPRM Comment Period End         12/23/08
Final Action                    08/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Richard H. Mathews, Chief of Standards Development and 
Review Branch, Department of Agriculture, Agricultural Marketing 
Service, 1400 Independence Avenue SW, Washington, DC 20250
Phone: 202 720-3252
Fax: 202 205-7808
Email: richard.mathews@usda.gov

RIN: 0581-AC57
_______________________________________________________________________



5. DAIRY IMPORT ASSESSMENTS (DA-08-07)

Legal Authority: 7 USC 4501 to 4513

Abstract: The Agricultural Marketing Service is establishing a dairy 
import assessment program as required by law. This action is in 
conformance to the Food, Conservation, and Energy Act of 2008 (Farm 
Bill). The Farm Bill mandates that the Dairy Promotion and Research 
Order be amended to implement an assessment on imported dairy products 
to fund promotion and research, and allow for importer representation 
on the National Dairy Promotion and Research Board.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Whitney Rick, Promotion and Research Branch Chief, 
Department of Agriculture, Agricultural Marketing Service, 1400 
Independence Avenue SW, Washington, DC 20250
Phone: 202 720-6909
Fax: 202 720-0285
Email: whitney.rick@usda.gov

RIN: 0581-AC87
_______________________________________________________________________


Department of Agriculture (USDA)                      Long-Term Actions


Agricultural Marketing Service (AMS)



_______________________________________________________________________



6. NATIONAL ORGANIC PROGRAM, SUNSET (2011) (CROPS AND PROCESSING) (TM-
07-14)

Legal Authority: 7 USC 6501

Abstract: The Agricultural Marketing Service (AMS) is amending 
regulations pertaining to the National List of Allowed and Prohibited 
Substances. As required by the National Organic Foods Production Act of 
1990, the allowed use of the 12 synthetic and non-synthetic substances 
in organic production and handling will expire on September 12, 2001. 
The AMS published an advance notice of proposed rulemaking to make the 
public aware of this requirement. AMS believes that public comment is

[[Page 21871]]

essential in the review process to determine whether these substances 
should continue to be allowed or prohibited in the production and 
handling of organic agricultural products.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           03/14/08                    73 FR 13795
ANPRM Comment Period End        05/13/08
NPRM                            10/00/10
Final Action                    08/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Richard H. Mathews
Phone: 202 720-3252
Fax: 202 205-7808
Email: richard.mathews@usda.gov

RIN: 0581-AC77
_______________________________________________________________________


Department of Agriculture (USDA)                      Completed Actions


Agricultural Marketing Service (AMS)



_______________________________________________________________________



7. MANDATORY COUNTRY OF ORIGIN LABELING OF BEEF, PORK, LAMB, FISH, 
PERISHABLE AGRICULTURAL COMMODITIES, AND PEANUTS (LS-07-0081)

Legal Authority: 7 USC 1621 to 1627, Agricultural Marketing Act of 1946

Abstract: The Farm Security and Rural Investment Act of 2002 (Farm 
Bill) (Pub. L. 107-171) and the 2002 Supplemental Appropriations Act 
(2002 Appropriations) (Pub. L. 107-206) amended the Agricultural 
Marketing Act of 1946 (Act) (7 U.S.C. 1621 et seq.) to require 
retailers to notify their customers of the country of origin of covered 
commodities beginning September 30, 2004. Covered commodities include 
muscle cuts of beef (including veal), lamb, and pork; ground beef, 
ground lamb, and ground pork; farm-raised fish and shellfish; wild fish 
and shellfish; perishable agricultural commodities; and peanuts. The FY 
2004 Consolidated Appropriations bill (2004 Appropriations) (Pub. L. 
108-199) delayed implementation of mandatory Country of Origin Labeling 
(COOL) for all covered commodities except wild and farm-raised fish and 
shellfish until September 30, 2006. The FY 2006 Agriculture 
Appropriations Bill further delayed the implementation date for other 
covered commodities until September 30, 2008.

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Action                    01/15/09                     74 FR 2657
Final Action Effective          03/16/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Erin Morris
Phone: 202 720-5131
Email: erin.morris@usda.gov

RIN: 0581-AC26
_______________________________________________________________________



8. SPECIALTY CROP BLOCK GRANT PROGRAM (FARM BILL)

Legal Authority: 7 USC 1621

Abstract: The Agricultural Marketing Service is establishing 
regulations to administer the Special Crop Block Grant Program (SCBGP) 
to enhance the competitiveness of specialty crops. The interim final 
rule is intended to establish eligibility and application requirements, 
the review and approval process, and grant administration procedures 
for SCBGP. The SCBGP is authorized under section 101 of the Specialty 
Crops Competitiveness Act (7 U.S.C. 1621 note) and amended under the 
Food, Conservation, and Energy Act of 2008. Section 101 direction the 
Secretary of Agriculture to make grants available to States.

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule Comment 
Period End                      11/03/08
Final Action                    03/27/09                    74 FR 13313
Final Action Effective          03/30/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Trista Etzig
Phone: 202 690-4942
Email: trista.etzig@usda.gov

RIN: 0581-AC88
BILLING CODE 3410--02--S
_______________________________________________________________________


Department of Agriculture (USDA)                    Proposed Rule Stage


Farm Service Agency (FSA)



_______________________________________________________________________



9. FARM LOAN PROGRAMS LOAN MAKING ACTIVITIES

Legal Authority: PL 110-246

Abstract: The rule will implement the provisions of the 2008 Farm Bill 
that affect Farm Loan Programs (FLP) Loan Making Division (LMD); there 
is discretion involved in the implementation. The sections being 
implemented are: 5001, Direct Loans; 5005, Beginning Farmer or Rancher 
and Socially Disadvantaged Farmer or Rancher Contract Land Sales 
Program Down Payment Loan Program; 5101, Farming Experience as an 
Eligibility Requirement; 5201, Eligibility of Equine Farmers and 
Ranchers for Emergency Loans; 5301, Beginning Farmer and Rancher 
Individual Development Accounts Pilot Program; and 5501, Loans to 
Purchase Highly Fractionated Land.
A Beginning Farmer and Rancher Individual Development Accounts 5-year 
pilot program will be established in at least 15 States. The program 
entails FSA making grants to qualified nonprofit organizations who then 
deliver the program to eligible participants. Grantees must match 50 
percent of the grant received. Under the program, qualified, low-income 
beginning farmers or prospective beginning farmers would establish 
saving accounts with a monthly deposit plan administered by the 
grantees. The program funds must match the participants' deposits at a 
minimum of 100 percent and a maximum of 200 percent. Participants must 
use the savings account funds toward the purchase of farmland, 
livestock, or similar farm start-up/operating expenses. The program 
must be operated by and in conjunction with

[[Page 21872]]

FSA farm loan programs. The initial applications for the program must 
be approved no more than one year after the law is enacted. The program 
is not mandatory; an appropriation of up to $5 million annually is 
authorized to fund the program.
Individual tribal members will be allowed to qualify for Indian Land 
Acquisition loans.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Deirdre Holder, Director, Regulatory Review Group, 
Department of Agriculture, Farm Service Agency, 1400 Independence 
Avenue SW, Washington, DC 20250-0572
Phone: 202 205-5851
Fax: 202 720-5233
Email: deirdre.holder@wdc.usda.gov

RIN: 0560-AI03
_______________________________________________________________________



10. CONSERVATION LOAN GUARANTEE PROGRAM

Legal Authority: PL 110-246

Abstract: The rule will implement the provisions of the 2008 Farm Bill 
that affect Farm Loan Programs (FLP) Loan Making Division (LMD); there 
is discretion in how several of the provisions are implemented. The 
section being implemented is 5002, Conservation Loan and Loan 
Guarantee. Implementation of this provision will create a new direct 
and guaranteed loan program directed at assisting farmers in 
implementing conservation practices.
The rule establishes a new loan and loan guarantee program to finance 
qualifying conservation projects. All guarantees will be at 75 percent 
of the loan amount. The applicant must have an acceptable conservation 
plan that includes the project(s) to be financed. Preference is given 
to beginning farmer and socially disadvantaged applicants, conversion 
to sustainable or organic production practices, and compliance with 
highly erodible land conservation requirements. Eligibility for the 
program is not restricted to those who cannot get credit elsewhere. The 
program is not mandatory; appropriations are authorized.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Deirdre Holder, Director, Regulatory Review Group, 
Department of Agriculture, Farm Service Agency, 1400 Independence 
Avenue SW, Washington, DC 20250-0572
Phone: 202 205-5851
Fax: 202 720-5233
Email: deirdre.holder@wdc.usda.gov

RIN: 0560-AI04
_______________________________________________________________________



11. LOAN SERVICING; FARM LOAN PROGRAMS

Legal Authority: PL 110-246

Abstract: The 2008 Farm Bill requires several changes to the Farm 
Service Agency (FSA) Farm Loan Program (FLP) loan servicing 
regulations. An overall plan will be established to insure that 
borrowers can be transitioned to private credit in the shortest 
timeframe practicable. At present, FSA monitors the status of all 
borrowers to determine if graduation is possible. The 2008 Farm Bill 
emphasizes this responsibility and insures that FSA uses all the tools 
available to graduate borrowers to commercial credit as soon as they 
can financially do so. In 2007, over 2,500 direct borrowers (about 3.7 
percent of the portfolio) graduated to commercial credit. FSA believes 
graduation will continue in the 3 to 5 percent range and is dependant 
on the overall farm economy.
The right of an FSA borrower-owner to purchase leased property under 
Homestead Protection will be extended beyond the borrower-owner to the 
immediate family. Currently, FSA only has 38 properties in Homestead 
Protection.
Acceleration and foreclosure will be suspended on borrowers who file a 
claim of program discrimination against the Department or have a claim 
pending. Interest accrual and offset will also be suspended during the 
time of the moratorium. If the borrower does not prevail in the claim, 
the interest which would have accrued during the moratorium will be due 
and offset on the account will be reestablished.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Deirdre Holder, Director, Regulatory Review Group, 
Department of Agriculture, Farm Service Agency, 1400 Independence 
Avenue SW, Washington, DC 20250-0572
Phone: 202 205-5851
Fax: 202 720-5233
Email: deirdre.holder@wdc.usda.gov

RIN: 0560-AI05
_______________________________________________________________________


Department of Agriculture (USDA)                      Long-Term Actions


Farm Service Agency (FSA)



_______________________________________________________________________



12. EMERGENCY FOREST RESTORATION PROGRAM

Legal Authority: PL 110-246

Abstract: We are adding a new subpart to the regulations in 7 CFR part 
701 to implement the Emergency Forest Restoration Program (EFRP) which 
was authorized by the 2008 Farm Bill. EFRP will provide cost-share 
funding to owners of nonindustrial private forest land to restore the 
land after the land is damaged by a natural disaster. The damaged land 
must have had a tree cover immediately before the natural disaster. The 
2008 Farm Bill authorized such funds as may be necessary to be 
appropriated to carry out this program; the appropriated amounts are to 
remain available until expended.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Deirdre Holder
Phone: 202 205-5851
Fax: 202 720-5233

[[Page 21873]]

Email: deirdre.holder@wdc.usda.gov

RIN: 0560-AH89
_______________________________________________________________________



13. BIOMASS CROP ASSISTANCE PROGRAM

Legal Authority: PL 110-246

Abstract: We are adding a new regulation to implement the Biomass Crop 
Assistance Program (BCAP) as required by the 2008 Farm Bill. We will 
collaborate with USDA/Rural Development (RD), private industry, 
agricultural and forest land owners to support the evaluation and 
selection of BCAP project areas. BCAP project areas must include a 
commitment to use local production; evidence of sufficient equity (if 
the facility is not operational at the time of proposal); anticipated 
economic impacts; opportunities for local ownership; the participation 
rate by beginning and socially disadvantaged farmers and ranchers; the 
impact on soil, water, and related resources; and the variety in 
biomass production approaches. FSA will partner with RD, which has 
capability and responsibility, including the potential for providing 
funding for proposed biomass conversion facility, regarding BCAP 
project area evaluation and selection. After BCAP project area 
selection, FSA, acting on behalf of the Commodity Credit Corporation 
(CCC), may enter into contracts with BCAP project area producers for a 
term of up to 5 years for annual and perennial crops and up to 15 years 
for woody biomass.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice                          10/01/08                    73 FR 57047
NPRM                            06/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Deirdre Holder
Phone: 202 205-5851
Fax: 202 720-5233
Email: deirdre.holder@wdc.usda.gov

RIN: 0560-AH92
BILLING CODE 3410--05--S
_______________________________________________________________________


Department of Agriculture (USDA)                    Proposed Rule Stage


Animal and Plant Health Inspection Service (APHIS)



_______________________________________________________________________



14. ANIMAL WELFARE: MARINE MAMMALS; NONCONSENSUS LANGUAGE AND 
INTERACTIVE PROGRAMS (RULEMAKING RESULTING FROM A SECTION 610 REVIEW)

Legal Authority: 7 USC 2131 to 2159

Abstract: The U.S. Department of Agriculture regulates the humane 
handling, care, treatment, and transportation of certain marine mammals 
under the Animal Welfare Act. The present standards for these animals 
have been in effect since 1979, and amended in 1984. During this time, 
advances have been made and new information has been developed with 
regard to the housing and care of marine mammals. This rulemaking 
addresses marine mammal standards on which consensus was not reached 
during negotiated rulemaking conducted between September 1995 and July 
1996. These include standards affecting variances, indoor facilities, 
outdoor facilities, space requirements, and water quality, as well as 
swim-with-the-dolphin programs. These actions appear necessary to 
ensure that the minimum standards for the humane handling, care, 
treatment, and transportation of marine mammals in captivity are based 
on current general, industry, and scientific knowledge and experience.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/30/02                    67 FR 37731
ANPRM Comment Period End        07/29/02
NPRM                            06/00/09
NPRM Comment Period End         10/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Barbara Kohn, Senior Staff Veterinarian, Animal Care, 
Department of Agriculture, Animal and Plant Health Inspection Service, 
4700 River Road, Unit 84, Riverdale, MD 20737-1234
Phone: 301 734-7833

RIN: 0579-AB24
_______________________________________________________________________



15. ANIMAL WELFARE; REGULATIONS AND STANDARDS FOR BIRDS

Legal Authority: 7 USC 2131 to 2159

Abstract: APHIS intends to establish standards for the humane handling, 
care, treatment, and transportation of birds other than birds bred for 
use in research.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/09
NPRM Comment Period End         11/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Darrel Styles, Veterinary Medical Officer, Animal Care, 
Department of Agriculture, Animal and Plant Health Inspection Service, 
4700 River Road, Unit 84, Riverdale, MD 20737-1234
Phone: 301 734-0658

RIN: 0579-AC02
_______________________________________________________________________



16. IMPORTATION OF PLANTS FOR PLANTING; ESTABLISHING A NEW CATEGORY OF 
PLANTS FOR PLANTING NOT AUTHORIZED FOR IMPORTATION PENDING RISK 
ASSESSMENT (RULEMAKING RESULTING FROM A SECTION 610 REVIEW)

Legal Authority: 7 USC 450; 7 USC 7701 to 7772; 7 USC 7781 to 7786; 21 
USC 136 and 136a

Abstract: This action would establish a new category in the regulations 
governing the importation of nursery stock, also known as plants for 
planting. This category would list taxa of plants for planting whose 
importation is not authorized pending risk assessment. We would allow 
foreign governments to request that a pest risk assessment be conducted 
for a taxon whose importation is not authorized pending risk 
evaluation. After the pest risk assessment was completed, we would 
conduct rulemaking to remove the taxon from the proposed category if 
determined appropriate by the risk assessment. We are also proposing to 
expand the scope of the plants regulated in the plants for planting 
regulations to include non-vascular plants. These changes would

[[Page 21874]]

allow us to react more quickly to evidence that a taxon of plants for 
planting may pose a pest risk while ensuring that our actions are based 
on scientific evidence.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/09
NPRM Comment Period End         08/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Arnold T. Tschanz, Senior Risk Manager, Commodity 
Import Analysis and Operations, PPQ, Department of Agriculture, Animal 
and Plant Health Inspection Service, 4700 River Road, Unit 133, 
Riverdale, MD 20737-1231
Phone: 301 734-5306

RIN: 0579-AC03
_______________________________________________________________________



17. INTRODUCTION OF ORGANISMS AND PRODUCTS ALTERED OR PRODUCED THROUGH 
GENETIC ENGINEERING

Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786; 31 USC 9701

Abstract: This rulemaking would revise the regulations regarding the 
importation, interstate movement, and environmental release of certain 
genetically engineered organisms in order to bring the regulations into 
alignment with provisions of the Plant Protection Act. The revisions 
would also update the regulations in response to advances in genetic 
science and technology and our accumulated experience in implementing 
the current regulations. This is the first comprehensive review and 
revision of the regulations since they were established in 1987. This 
rule would affect persons involved in the importation, interstate 
movement, or release into the environment of genetically engineered 
plants and certain other genetically engineered organisms.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent to Prepare an 
Environmental Impact Statement  01/23/04                     69 FR 3271
Comment Period End              03/23/04
Notice of Availability of Draft 
Environmental Impact Statement  07/17/07                    72 FR 39021
Comment Period End              09/11/07
NPRM                            10/09/08                    73 FR 60007
NPRM Comment Period End         11/24/08
Correction                      11/10/08                    73 FR 66563
NPRM Comment Period Reopened    01/16/09                     74 FR 2907
NPRM Comment Period End         03/17/09
NPRM; Notice of Public Scoping 
Session                         03/11/09                    74 FR 10517
NPRM Comment Period Reopened    04/13/09                    74 FR 16797
NPRM Comment Period End         06/29/09
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: John Turner, Director, Policy Coordination Division, 
BRS, Department of Agriculture, Animal and Plant Health Inspection 
Service, 4700 River Road, Unit 146, Riverdale, MD 20737-1236
Phone: 301 734-5720

RIN: 0579-AC31
_______________________________________________________________________



18. TUBERCULOSIS IN CATTLE; IMPORT REQUIREMENTS FOR ROPING STEERS

Legal Authority: 7 USC 1622; 7 USC 8301 to 8317; 21 USC 136 and 136a; 
31 USC 9701

Abstract: This document will withdraw a proposed rule that we published 
on August 24, 2004 (69 FR 51960 to 51962, APHIS Docket No. 03-081-3). 
In our August 2004 proposed rule, we proposed to require that steers 
and spayed heifers with any evidence of horn growth that are entering 
the United States meet the same tuberculosis testing requirements as 
sexually intact animals entering the United States. Instead of 
proposing provisions specific to cattle imported for use at rodeos, as 
our August 2004 proposal did, APHIS is considering broader changes to 
the tuberculosis regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/20/04                    69 FR 43283
Interim Final Rule Effective    08/19/04
Interim Final Rule Comment 
Period End                      09/20/04
Interim Rule; Withdrawal        08/12/04                    69 FR 49783
Interim Rule; Withdrawal 
Effective                       08/12/04
NPRM                            08/24/04                    69 FR 51960
NPRM Comment Period End         10/25/04
NPRM; Withdrawal                05/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Francisco Collazo-Mattei, Assistant Director, Ruminant 
Health Programs, National Center for Animal Health Programs, VS, 
Department of Agriculture, Animal and Plant Health Inspection Service, 
4700 River Road, Unit 43, Riverdale, MD 20737
Phone: 301 734-6954

RIN: 0579-AC50
_______________________________________________________________________



19. BOVINE SPONGIFORM ENCEPHALOPATHY; IMPORTATION OF BOVINES AND BOVINE 
PRODUCTS

Legal Authority: 7 USC 450; 7 USC 1622; 7 USC 7701 to 7772; 7 USC 8301 
to 8317; 21 USC 136 and 136a; 31 USC 9701

Abstract: This rulemaking would amend the regulations regarding the 
importation of bovines and bovine products. Under this rulemaking, 
countries would be classified as either negligible risk, controlled 
risk, or undetermined risk for bovine spongiform encephalopathy (BSE). 
Some commodities would be allowed importation into the United States 
regardless of the BSE classification of the country of export. Other 
commodities would be subject to importation restrictions or 
prohibitions based on the type of commodity and the BSE classification 
of the country. The criteria for country classification and commodity 
import would be closely aligned with those of the World Organization 
for Animal Health.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/09
NPRM Comment Period End         08/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Christopher Robinson, Senior Staff Veterinarian, 
Technical Trade Services, National

[[Page 21875]]

Center for Import and Export, VS, Department of Agriculture, Animal and 
Plant Health Inspection Service, 4700 River Road, Unit 40, Riverdale, 
MD 20737-1231
Phone: 301 734-7837

RIN: 0579-AC68
_______________________________________________________________________



20.  SCRAPIE IN SHEEP AND GOATS

Legal Authority: 7 USC 8301 to 8317

Abstract: This rulemaking would amend the scrapie regulations by 
changing the risk groups and categories established for individual 
animals and for flocks, increasing the use of genetic testing as a 
means of assigning risk levels to animals, reducing movement 
restrictions for animals found to be genetically less susceptible or 
resistant to scrapie, and simplifying, reducing, or removing certain 
recordkeeping requirements. This action would provide designated 
scrapie epidemiologists with more alternatives and flexibility when 
testing animals in order to determine flock designations under the 
regulations. It would change the definition of high-risk animal, which 
will change the types of animals eligible for indemnity, and to pay 
higher indemnity for certain pregnant ewes and early maturing ewes. It 
would also make the identification and recordkeeping requirements for 
goat owners consistent with those for sheep owners. These changes would 
affect sheep and goat producers and State governments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/09
NPRM Comment Period End         08/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Diane Sutton, National Scrapie Program Coordinator, 
Ruminant Health Programs, NCAHP, VS, Department of Agriculture, Animal 
and Plant Health Inspection Service, 4700 River Road, Unit 43, 
Riverdale, MD 20737-1235
Phone: 301 734-6954

RIN: 0579-AC92
_______________________________________________________________________


Department of Agriculture (USDA)                       Final Rule Stage


Animal and Plant Health Inspection Service (APHIS)



_______________________________________________________________________



21. PHYTOSANITARY CERTIFICATES FOR IMPORTED FRUITS AND VEGETABLES

Legal Authority: 7 USC 450; 7 USC 7701 to 7772; 7 USC 7781 to 7786; 21 
USC 136 and 136a

Abstract: Currently APHIS does not require a phytosanitary certificate 
to accompany fruits and vegetables imported into the United States 
except for certain fruits and vegetables grown in designated foreign 
regions. This rule will require that a phytosanitary certificate 
accompany noncommercial consignments of fresh fruits and vegetables 
imported into the United States by air passengers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/29/01                    66 FR 45637
NPRM Comment Period End         10/29/01
NPRM; Availability of Risk 
Assessment                      05/24/06                    71 FR 29846
NPRM; Availability of Risk 
Assessment Comment Period End   07/24/06
Final Action                    06/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Evelia Sosa, Senior Staff Officer, Quarantine Policy 
Analysis and Support, PPQ, Department of Agriculture, Animal and Plant 
Health Inspection Service, 4700 River Road, Unit 140, Riverdale, MD 
20737-1236
Phone: 301 734-8295

RIN: 0579-AB18
_______________________________________________________________________



22. PHYTOPHTHORA RAMORUM; QUARANTINE AND REGULATIONS

Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786

Abstract: This action will amend the Phytophthora ramorum regulations 
to make the regulations consistent with a Federal Order issued by APHIS 
in December 2004 that established restrictions on the interstate 
movement of nursery stock from nurseries in nonquarantined counties in 
California, Oregon, and Washington. This action will also update 
conditions for the movement of regulated articles of nursery stock from 
quarantined areas, as well as restrict the interstate movement of all 
other nursery stock from nurseries in quarantined areas. We are also 
updating the list of plants regulated because of P. ramorum and the 
list of areas that are quarantined for P. ramorum and making other 
miscellaneous revisions to the regulations. These actions are necessary 
to prevent the spread of P. ramorum to noninfested areas of the United 
States. We will continue to update the regulations through additional 
rulemakings as new scientific information on this pathogen becomes 
available.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              02/27/07                     72 FR 8585
Interim Final Rule Effective    02/27/07
Interim Final Rule Comment 
Period End                      04/30/07
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Jonathan Jones, National Phytophthora Ramorum Program 
Manager, Pest Detection and Management Programs, PPQ, Department of 
Agriculture, Animal and Plant Health Inspection Service, 4700 River 
Road, Unit 160, Riverdale, MD 20737
Phone: 301 734-8247

RIN: 0579-AB82
_______________________________________________________________________



23. BOLL WEEVIL; QUARANTINE AND REGULATIONS

Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786

Abstract: This action will establish domestic boll weevil regulations 
that will restrict the interstate movement of regulated articles within 
regulated areas and from regulated areas into or through nonregulated 
areas in commercial cotton producing States. The regulations will help 
prevent the artificial spread of boll weevil into noninfested areas of 
the United States

[[Page 21876]]

and the reinfestation of areas from which the boll weevil has been 
eradicated.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/31/06                    71 FR 63707
NPRM Comment Period End         01/02/07
NPRM Comment Period Extended    12/20/06                    71 FR 76224
NPRM Comment Period End         02/01/07
Final Action                    12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: William Grefenstette, National Coordinator, Boll Weevil 
Eradication Program, PPQ, Department of Agriculture, Animal and Plant 
Health Inspection Service, 4700 River Road, Unit 138, Riverdale, MD 
20737
Phone: 301 734-8676

RIN: 0579-AB91
_______________________________________________________________________



24. BOVINE SPONGIFORM ENCEPHALOPATHY; MINIMAL-RISK REGIONS AND 
IMPORTATION OF COMMODITIES; UNSEALING OF MEANS OF CONVEYANCE AND 
TRANSLOADING OF PRODUCTS

Legal Authority: 7 USC 450; 7 USC 1622; 7 USC 7701 to 7772; 7 USC 7781 
to 7786; 7 USC 8301 to 8317; 21 USC 136 and 136a; 31 USC 9701; 42 USC 
4331 and 4332

Abstract: In a final rule published in the Federal Register on January 
4, 2005, we amended the regulations regarding the importation of 
animals and animal products to establish a category of regions that 
present a minimal risk of introducing bovine spongiform encephalopathy 
into the United States via live ruminants and ruminant products and 
byproducts, and added Canada to this category. We also established 
conditions for the importation of certain live ruminants and ruminant 
products and byproducts from such regions. This rule will amend the 
regulations to broaden who is authorized to break seals on means of 
conveyances carrying certain ruminants of Canadian origin. 
Additionally, it will amend the regulations regarding the transiting 
through the United States of certain ruminant products from Canada to 
allow for direct transloading of the products from

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.