, 64375-64393 [E9-28563]

Download as PDF Monday, December 7, 2009 Part III Department of Agriculture erowe on DSK5CLS3C1PROD with RULES Semiannual Regulatory Agenda VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\07DER6.SGM 07DER6 64376 Federal Register / Vol. 74, No. 233 / Monday, December 7, 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, Fall 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.’’ The agenda also describes regulations affecting small entities as required by section 602 of the Regulatory Flexibility Act, Public Law 96-354. This agenda also identifies regulatory actions that are being reviewed in compliance with section 610(c) of the Regulatory Flexibility Act. We invite public comment on those actions. 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 this edition of the USDA regulatory agenda, the most important significant regulatory actions and a Statement of Regulatory Priorities are included in the Regulatory Plan, which appears in both the online regulatory agenda and in part II of the Federal Register that includes the abbreviated regulatory agenda. For this fall 2009 edition, regulations previously developed by the former Cooperative State Research, Education, and Extension Service (CSREES) will now appear under the new National Institute of Food and Agriculture (NIFA). 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: September 18, 2009. Michael Poe, Chief, Legislative and Regulatory Staff. Agricultural Marketing Service—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 179 180 National Organic Program: Dairy Replacement Animals (Livestock) ........................................................................... National Organic Program, Sunset (2011) (Crops and Processing) (TM-07-14) ......................................................... 0581–AC69 0581–AC77 Agricultural Marketing Service—Final Rule Stage Sequence Number Title Regulation Identifier Number 181 182 183 National Organic Program: Access to Pasture (Reg Plan Seq No. 1) ........................................................................ National Dairy Promotion and Research Program; Final Rule on Amendments to the Order (Reg Plan Seq No. 2) National Organic Program—Amendments to the National List (Crops, Livestock, and Processing) TM-08-06 .......... 0581–AC57 0581–AC87 0581–AC91 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. Agricultural Marketing Service—Long-Term Actions Regulation Identifier Number erowe on DSK5CLS3C1PROD with RULES Sequence Number Title 184 National Organic Program: Add Standards for the Organic Certification of Wild Captured Aquatic Animals, TM-0108 ................................................................................................................................................................................. VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 1254 Sfmt 1254 E:\FR\FM\07DER6.SGM 07DER6 0581–AB97 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda 64377 USDA Agricultural Marketing Service—Completed Actions Sequence Number Title Regulation Identifier Number 185 Mushroom Promotion, Research and Consumer Information Order (FV-08-702) ....................................................... 0581–AC82 Farm Service Agency—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 186 187 188 189 Emergency Forest Restoration Program ....................................................................................................................... Biomass Crop Assistance Program .............................................................................................................................. Farm Loan Programs Loan Making Activities ............................................................................................................... Conservation Loan Guarantee Program ....................................................................................................................... 0560–AH89 0560–AH92 0560–AI03 0560–AI04 Farm Service Agency—Final Rule Stage Sequence Number Title Regulation Identifier Number 190 Loan Servicing; Farm Loan Programs .......................................................................................................................... 0560–AI05 Animal and Plant Health Inspection Service—Proposed Rule Stage Regulation Identifier Number Sequence Number Title 191 Animal Welfare: Marine Mammals; Nonconsensus Language and Interactive Programs (Rulemaking Resulting From a Section 610 Review) ..................................................................................................................................... Animal Welfare; Regulations and Standards for Birds (Reg Plan Seq No. 3) ............................................................ Tuberculosis in Cattle; Import Requirements for Roping Steers .................................................................................. Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine Products (Reg Plan Seq No. 4) ............... Importation of Grapes From Chile Under a Systems Approach ................................................................................... Scrapie in Sheep and Goats ......................................................................................................................................... Plant Pest Regulations; Update of General Provisions ................................................................................................ 192 193 194 195 196 197 0579–AB24 0579–AC02 0579–AC50 0579–AC68 0579–AC82 0579–AC92 0579–AC98 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. Animal and Plant Health Inspection Service—Final Rule Stage Regulation Identifier Number Sequence Number Title 198 Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities; Unsealing of Means of Conveyance and Transloading of Products ............................................................................................................ 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) (Reg Plan Seq No. 5) ..... 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 ........................................................................................................ 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 ........................... Citrus Greening and Asian Citrus Psyllid; Quarantine and Interstate Movement Regulations .................................... Sirex Woodwasp; Quarantine and Regulations ............................................................................................................ erowe on DSK5CLS3C1PROD with RULES 199 200 201 202 203 204 205 206 207 208 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 1254 Sfmt 1254 E:\FR\FM\07DER6.SGM 07DER6 0579–AB97 0579–AC03 0579–AC04 0579–AC05 0579–AC06 0579–AC07 0579–AC36 0579–AC71 0579–AC74 0579–AC85 0579–AC86 64378 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda USDA Animal and Plant Health Inspection Service—Long-Term Actions Regulation Identifier Number Sequence Number Title 209 210 211 212 213 214 215 216 Phytosanitary Certificates for Imported Fruits and Vegetables .................................................................................... Foot-and-Mouth Disease; Payment of Indemnity .......................................................................................................... Tuberculosis in Cattle; Import Requirements (Section 610 Review) .......................................................................... Phytophthora Ramorum; Quarantine and Regulations ................................................................................................. Boll Weevil; Quarantine and Regulations ..................................................................................................................... Minimum Age Requirements for the Transport of Animals ........................................................................................... Introduction of Organisms and Products Altered or Produced Through Genetic Engineering .................................... Animal Welfare; Climatic and Environmental Conditions for Transportation of Warm-Blooded Animals Other Than Marine Mammals ......................................................................................................................................................... Importation of Cattle From Mexico; Addition of Port at San Luis, Arizona ................................................................... Handling of Animals; Contingency Plans ...................................................................................................................... 217 218 0579–AB18 0579–AB34 0579–AB44 0579–AB82 0579–AB91 0579–AC14 0579–AC31 0579–AC41 0579–AC63 0579–AC69 Animal and Plant Health Inspection Service—Completed Actions Sequence Number Title Regulation Identifier Number 219 220 221 222 223 224 225 Plant Pest Regulations; Update of Current Provisions (Completion of a Section 610 Review) ............................... Standards for Permanent, Privately Owned Horse Quarantine Facilities (Completion of a Section 610 Review) .. User Fees; Export Certification for Plants and Plant Products ..................................................................................... Pale Cyst Nematode; Quarantine and Regulations ...................................................................................................... Bovine Tuberculosis ...................................................................................................................................................... Citrus Canker; Movement of Fruit From Quarantined Areas ........................................................................................ User Fees for Agricultural Quarantine and Inspection Services ................................................................................... 0579–AA80 0579–AC00 0579–AC22 0579–AC54 0579–AC73 0579–AC96 0579–AC99 Rural Housing Service—Final Rule Stage Sequence Number Title Regulation Identifier Number 226 Guaranteed Single-Family Housing .............................................................................................................................. 0575–AC18 Food Safety and Inspection Service—Final Rule Stage Regulation Identifier Number Sequence Number Title 227 Performance Standards for the Production of Processed Meat and Poultry Products; Control of Listeria Monocytogenes in Ready-To-Eat Meat and Poultry Products (Reg Plan Seq No. 23) ............................................. Federal-State Interstate Shipment Cooperative Inspection Program (Reg Plan Seq No. 24) .................................... 228 0583–AC46 0583–AD37 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. Forest Service—Final Rule Stage erowe on DSK5CLS3C1PROD with RULES Sequence Number Title Regulation Identifier Number 229 Special Areas; State-Specific Inventoried Roadless Area Management: Colorado ..................................................... 0596–AC74 VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 1254 Sfmt 1254 E:\FR\FM\07DER6.SGM 07DER6 64379 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda USDA Office of the Secretary—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 230 231 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 232 Renewable Energy—Clarify Requirements for Construction/Development of Energy Program Projects (Rulemaking Resulting From a Section 610 Review) ..................................................................................................... 0570–AA69 BILLING CODE 3410–90–S Department of Agriculture (USDA) Agricultural Marketing Service (AMS) 179. NATIONAL ORGANIC PROGRAM: DAIRY REPLACEMENT ANIMALS (LIVESTOCK) 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 erowe on DSK5CLS3C1PROD with RULES NPRM Final Action VerDate Nov<24>2008 Date FR Cite 06/00/10 12/00/10 15:12 Dec 04, 2009 Jkt 220001 Proposed Rule Stage 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–AC69 180. 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 nonsynthetic substances in organic production and handling will expire on September 12, 2011. The AMS published an advance notice of proposed rulemaking to make the public aware of this requirement. AMS PO 00000 Frm 00005 Fmt 1254 Sfmt 1254 believes that public comment is 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 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, 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–AC77 E:\FR\FM\07DER6.SGM 07DER6 64380 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda Department of Agriculture (USDA) Agricultural Marketing Service (AMS) 181. NATIONAL ORGANIC PROGRAM: ACCESS TO PASTURE Regulatory Plan: This entry is Seq. No. 1 in part II of this issue of the Federal Register. RIN: 0581–AC57 Final Rule Stage 183. ∑ NATIONAL ORGANIC PROGRAM—AMENDMENTS TO THE NATIONAL LIST (CROPS, LIVESTOCK, AND PROCESSING) TM–08–06 Action Legal Authority: 7 USC 6517 and 6518 Regulatory Flexibility Analysis Required: Yes Abstract: The Agricultural Marketing Service is amending the National List of Allowed and Prohibited Substances contained in the National Organic Program regulations. This rule would add six new substances and remove one from the list. 182. NATIONAL DAIRY PROMOTION AND RESEARCH PROGRAM; FINAL RULE ON AMENDMENTS TO THE ORDER Regulatory Plan: This entry is Seq. No. 2 in part II of this issue of the Federal Register. Timetable: RIN: 0581–AC87 NPRM Action Date FR Cite 06/03/09 74 FR 26591 Date NPRM Comment Period End Final Action Long-Term Actions 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 ANPRM erowe on DSK5CLS3C1PROD with RULES Abstract: The Farm Bill of 2008 amended 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; VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 Reason Date NPRM Second NPRM Second NPRM Comment Period End Final Action Final Action Effective PO 00000 FR Cite 12/00/10 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–AB97 Completed Actions and to allow for the development of good agricultural and good handling practices. Completed: Legal Authority: 7 USC 6101 to 6112 12/00/09 RIN: 0581–AC91 Department of Agriculture (USDA) Agricultural Marketing Service (AMS) 185. MUSHROOM PROMOTION, RESEARCH AND CONSUMER INFORMATION ORDER (FV–08–702) 08/03/09 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 Department of Agriculture (USDA) Agricultural Marketing Service (AMS) 184. 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 FR Cite Frm 00006 FR Cite 04/07/09 74 FR 15677 06/05/09 74 FR 26984 07/17/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Sonia Jimenez Phone: 202 720–9915 Fax: 202 205–2800 Email: sonia.jimenez@usda.gov RIN: 0581–AC82 BILLING CODE 3410–02–S 10/02/09 74 FR 50915 10/05/09 Fmt 1254 Sfmt 1254 E:\FR\FM\07DER6.SGM 07DER6 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda Department of Agriculture (USDA) Farm Service Agency (FSA) 186. 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 NPRM FR Cite 10/00/10 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 Proposed Rule Stage 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 Notice–EIS Notice Comment Period End Notice–NOFA Notice Comment Period End Notice–EIS Notice Comment Period End NPRM Final Rule FR Cite 10/01/08 73 FR 57047 05/13/09 06/12/09 06/11/09 74 FR 27767 08/10/09 08/10/09 74 FR 39915 09/24/09 12/00/09 01/00/10 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–AH89 RIN: 0560–AH92 Legal Authority: PL 110–246 erowe on DSK5CLS3C1PROD with RULES 187. BIOMASS CROP ASSISTANCE PROGRAM 188. FARM LOAN PROGRAMS LOAN MAKING ACTIVITIES 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 VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 64381 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. PO 00000 Frm 00007 Fmt 1254 Sfmt 1254 A Beginning Farmer and Rancher Individual Development Accounts fiveyear 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 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 11/00/10 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 189. 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 E:\FR\FM\07DER6.SGM 07DER6 64382 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda USDA—FSA Proposed Rule Stage 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 NPRM FR Cite 12/00/09 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 Department of Agriculture (USDA) Farm Service Agency (FSA) 190. 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 Final Rule Stage 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 NPRM NPRM Comment Period End Final Rule erowe on DSK5CLS3C1PROD with RULES VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 Frm 00008 Fmt 1254 01/00/10 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 BILLING CODE 3410–05–S Proposed Rule Stage 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, PO 00000 08/07/09 74 FR 39565 10/06/09 Regulatory Flexibility Analysis Required: Yes Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) 191. 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 FR Cite Sfmt 1254 industry, and scientific knowledge and experience. Timetable: Action Date ANPRM ANPRM Comment Period End NPRM NPRM Comment Period End FR Cite 05/30/02 67 FR 37731 07/29/02 12/00/09 02/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Barbara Kohn, Senior Staff Veterinarian, Animal Care, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 E:\FR\FM\07DER6.SGM 07DER6 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda USDA—APHIS Proposed Rule Stage River Road, Unit 43, Riverdale, MD 20737 Phone: 301 734–6954 River Road, Unit 84, Riverdale, MD 20737–1234 Phone: 301 734–7833 RIN: 0579–AB24 RIN: 0579–AC50 192. ANIMAL WELFARE; REGULATIONS AND STANDARDS FOR BIRDS Regulatory Plan: This entry is Seq. No. 3 in part II of this issue of the Federal Register. RIN: 0579–AC02 194. BOVINE SPONGIFORM ENCEPHALOPATHY; IMPORTATION OF BOVINES AND BOVINE PRODUCTS Regulatory Plan: This entry is Seq. No. 4 in part II of this issue of the Federal Register. RIN: 0579–AC68 193. 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 erowe on DSK5CLS3C1PROD with RULES Interim Final Rule Interim Final Rule Effective Interim Final Rule Comment Period End Interim Rule; Withdrawal Interim Rule; Withdrawal Effective NPRM NPRM Comment Period End NPRM; Withdrawal FR Cite 07/20/04 69 FR 43283 08/19/04 09/20/04 08/12/04 69 FR 49783 08/12/04 08/24/04 69 FR 51960 10/25/04 01/00/10 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 VerDate Nov<24>2008 64383 15:12 Dec 04, 2009 Jkt 220001 195. IMPORTATION OF GRAPES FROM CHILE UNDER A SYSTEMS APPROACH 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: We are proposing two changes related to our proposed rule published in the Federal Register on August 27, 2008, that would amend the fruit and vegetable 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 have to be fumigated with methyl bromide as a risk-mitigation measure for Brevipalpus chilensis. On August 27, 2008, we proposed to allow a combination of risk-mitigation measures, or systems approach, to be employed in lieu of methyl bromide fumigation for B. chilensis. However, there is a new quarantine pest of table grapes, Lobesia botrana, in Chile, and the proposed systems approach does not address and was not intended to mitigate the risk for this pest. Therefore, this supplemental proposed rule modifies the proposed systems approach so that it is effective for L. botrana. Alternatively, it would require Chilean grapes that do not meet the conditions of the systems approach for L. botrana to be fumigated with methyl bromide as a condition of their importation into the continental United States. Timetable: Action Date NPRM NPRM Comment Period End Supplemental NPRM PO 00000 Frm 00009 FR Cite 08/27/08 73 FR 50577 10/27/08 12/00/09 Fmt 1254 Sfmt 1254 Action Date Supplemental NPRM Comment Period End FR Cite 02/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Charisse Cleare, Regulatory Coordination Specialist, Regulations, Permits & Manuals, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 156, Riverdale, MD 20737 Phone: 301 734–0773 RIN: 0579–AC82 196. 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 FR Cite 12/00/09 02/00/10 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 E:\FR\FM\07DER6.SGM 07DER6 64384 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda USDA—APHIS Proposed Rule Stage Phone: 301 734–6954 RIN: 0579–AC92 197. ∑ PLANT PEST REGULATIONS; UPDATE OF GENERAL PROVISIONS Legal Authority: 7 USC 450; 7 USC 2260; 7 USC 7701 to 7772; 7 USC 7781 to 7786; 19 USC 136; 21 USC 111; 21 USC 114a; 21 USC 136 and 136a; 31 USC 9701; 42 USC 4331 to 4332 Abstract: We are proposing to revise our regulations regarding the movement of plant pests. We are proposing to regulate not only plant pests, but also biological control organisms and noxious weeds. We are proposing riskbased criteria for determining the plant pest status of biological control organisms, providing for the environmental release of organisms for the biological control of weeds, providing for exemption from permit requirements for certain plant pests, and adding relevant definitions. We are also proposing to revise our regulations regarding the movement of soil. These proposed changes would clarify the factors that would be considered when assessing the risks associated with certain organisms, facilitate the importation and interstate movement of regulated organisms, provide transparency of the assessment process, and address gaps in the current regulations. Timetable: Action Date Notice of Intent to Prepare an Environmental Impact Statement Notice Comment Period End NPRM erowe on DSK5CLS3C1PROD with RULES 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 15:12 Dec 04, 2009 Jkt 220001 11/19/09 01/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert Flanders, Senior Technical Advisor, Plant Health Programs, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 131, Riverdale, MD 20737–1236 Phone: 301 734–0858 RIN: 0579–AC98 Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) 198. BOVINE SPONGIFORM ENCEPHALOPATHY; MINIMAL–RISK REGIONS AND IMPORTATION OF COMMODITIES; UNSEALING OF MEANS OF CONVEYANCE AND TRANSLOADING OF PRODUCTS FR Cite 10/20/09 74 FR 53673 Final Rule Stage 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. 199. 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) Timetable: Regulatory Plan: This entry is Seq. No. 5 in part II of this issue of the Federal Register. Action Date Interim Final Rule Interim Final Rule Comment Period End Final Action FR Cite 11/28/05 70 FR 71213 01/27/06 RIN: 0579–AC03 12/00/10 200. NATIONAL VETERINARY ACCREDITATION PROGRAM (RULEMAKING RESULTING FROM A SECTION 610 REVIEW) 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 PO 00000 Frm 00010 Fmt 1254 Sfmt 1254 Legal Authority: 7 USC 8301 to 8317; 15 USC 1828 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. E:\FR\FM\07DER6.SGM 07DER6 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda USDA—APHIS Final Rule Stage 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 12/00/09 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 201. CITRUS CANKER; COMPENSATION FOR CERTIFIED CITRUS NURSERY STOCK Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786 Abstract: This rulemaking will establish provisions under which 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 erowe on DSK5CLS3C1PROD with RULES 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 15:12 Dec 04, 2009 202. AGRICULTURAL INSPECTION AND AQI USER FEES ALONG THE U.S./CANADA BORDER 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 Abstract: This action amended 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 are 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 took this action in part because we were not recovering the costs of our inspection activities at the U.S./Canada border. In addition, our data showed an increasing number of interceptions on 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 indicated that we needed 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: 03/00/10 Action Regulatory Flexibility Analysis Required: Yes Agency Contact: Stephen Poe, Senior Operations 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–AC05 VerDate Nov<24>2008 64385 Jkt 220001 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 Frm 00011 203. CITRUS CANKER; QUARANTINE OF THE STATE OF FLORIDA Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786 Abstract: This action amended the citrus canker regulations to list the entire State of Florida as a quarantined area for citrus canker and amended 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 also amended 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 were necessary in light of the Department’s determination that the established eradication program was no 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 03/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Stephen Poe, Senior Operations 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 11/24/06 11/22/06 71 FR 67436 02/26/07 72 FR 8261 12/00/09 Regulatory Flexibility Analysis Required: Yes PO 00000 Agency Contact: Cynthia Stahl, Senior Staff Officer, Quarantine Policy, Analysis, and Support, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 60, Riverdale, MD 20737 Phone: 301 734–8415 RIN: 0579–AC06 Fmt 1254 Sfmt 1254 204. 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 E:\FR\FM\07DER6.SGM 07DER6 64386 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda USDA—APHIS Final Rule Stage 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. 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 RIN: 0579–AC71 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 206. VIRAL HEMORRHAGIC SEPTICEMIA; INTERSTATE MOVEMENT AND IMPORT RESTRICTIONS ON CERTAIN LIVE FISH Legal Authority: 7 USC 1622; 7 USC 8301 to 8317; 21 USC 136 and 136a; 31 USC 9701 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. Timetable: RIN: 0579–AC36 Action Timetable: Action Date Interim Final Rule Interim Final Rule Comment Period End FR Cite 12/00/09 02/00/10 Regulatory Flexibility Analysis Required: Yes 205. LIGHT BROWN APPLE MOTH QUARANTINE Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786 Abstract: We are quarantining 10 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. Timetable: erowe on DSK5CLS3C1PROD with RULES Action Date Interim Final Rule Interim Final Rule Comment Period End FR Cite 12/00/09 02/00/10 Regulatory Flexibility Analysis Required: Yes VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 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 11/10/08 207. 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, three counties in South Carolina, and portions of two counties in 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. Action 10/28/08 73 FR 63867 01/09/09 01/02/09 74 FR 1 02/00/10 Peter Merrill, Senior Staff Veterinarian, National Center for Import and Export, Frm 00012 RIN: 0579–AC74 Timetable: 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 PO 00000 VS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 39, Riverdale, MD 20737–1231 Phone: 301 734–8364 Fmt 1254 Sfmt 1254 Date Availability of an Environmental Assessment Environmental Assessment Comment Period End Interim Final Rule Interim Final Rule Comment Period End FR Cite 09/09/09 74 FR 46409 11/09/09 01/00/10 03/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patrick J. Gomes, National Project Coordinator, Citrus Health Response Program, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 920 Main Campus Drive, Suite 200, Raleigh, NC 27606–5213 E:\FR\FM\07DER6.SGM 07DER6 64387 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda USDA—APHIS Final Rule Stage Phone: 919 855–7313 RIN: 0579–AC85 208. SIREX WOODWASP; QUARANTINE AND REGULATIONS 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: Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786; 21 USC 136 to 136a Action Abstract: This rulemaking will quarantine counties in Michigan, New Jersey, New York, Ohio, Pennsylvania, and Vermont because of the Sirex Interim Final Rule Interim Final Rule Comment Period End Date FR Cite 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 12/00/09 02/00/10 Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) 209. 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 10/29/01 Period End NPRM; Availability of 05/24/06 71 FR 29846 Risk Assessment NPRM; Availability of 07/24/06 Risk Assessment Comment Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Evelia Sosa Phone: 301 734–8295 erowe on DSK5CLS3C1PROD with RULES RIN: 0579–AB18 210. 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 VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 Long-Term Actions 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, 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 211. 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 PO 00000 Frm 00013 Fmt 1254 Sfmt 1254 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 212. 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 E:\FR\FM\07DER6.SGM 07DER6 64388 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda USDA—APHIS Long-Term Actions 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 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 Phone: 301 734–8247 RIN: 0579–AB82 213. BOLL WEEVIL; QUARANTINE AND REGULATIONS Action Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786 Abstract: This action would establish domestic boll weevil regulations that would 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 would help prevent the artificial spread of boll weevil into noninfested areas of the United States 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 01/02/07 Period End NPRM Comment 12/20/06 71 FR 76224 Period Extended NPRM Comment 02/01/07 Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes erowe on DSK5CLS3C1PROD with RULES Agency Contact: William Grefenstette Phone: 301 734–8676 RIN: 0579–AB91 214. MINIMUM AGE REQUIREMENTS FOR THE TRANSPORT OF ANIMALS Legal Authority: 7 USC 2131 to 2159 VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 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: Date FR Cite NPRM 05/09/08 73 FR 26344 NPRM Comment 07/08/08 Period End 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 215. 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 PO 00000 Frm 00014 Fmt 1254 Sfmt 1254 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 Notice of Intent to 01/23/04 Prepare an Environmental Impact Statement Comment Period End 03/23/04 Notice of Availability of 07/17/07 Draft Environmental Impact Statement Comment Period End 09/11/07 NPRM 10/09/08 NPRM Comment 11/24/08 Period End Correction 11/10/08 NPRM Comment 01/16/09 Period Reopened NPRM Comment 03/17/09 Period End NPRM; Notice of 03/11/09 Public Scoping Session NPRM Comment 04/13/09 Period Reopened NPRM Comment 06/29/09 Period End Next Action Undetermined FR Cite 69 FR 3271 72 FR 39021 73 FR 60007 73 FR 66563 74 FR 2907 74 FR 10517 74 FR 16797 Regulatory Flexibility Analysis Required: Yes Agency Contact: John Turner Phone: 301 734–5720 RIN: 0579–AC31 216. ANIMAL WELFARE; CLIMATIC AND ENVIRONMENTAL CONDITIONS FOR TRANSPORTATION OF WARM–BLOODED 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 E:\FR\FM\07DER6.SGM 07DER6 64389 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda USDA—APHIS Long-Term Actions 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 warm-blooded animals other than marine mammals are transported in climatic and environmental conditions that are not detrimental to their welfare 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: Gerald Rushin Phone: 301 734–0954 RIN: 0579–AC41 217. 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 FR Cite NPRM 01/29/08 73 FR 5132 NPRM Comment 03/31/08 Period End Final Rule 01/02/09 74 FR 1 Final Rule Effective; 01/02/09 But the Amendment to 93.427(b)(2) Effective Date Is Delayed Indefinitely Final Rule; Correction 05/12/09 74 FR 22090 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Betzaida Lopez Phone: 301 734–8364 RIN: 0579–AC63 218. HANDLING OF ANIMALS; CONTINGENCY PLANS Legal Authority: 7 USC 2131 to 2159 Abstract: This rulemaking will 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. These requirements are necessary 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 will heighten the awareness of licensees and registrants regarding their responsibilities and help ensure a timely and appropriate response should an emergency or disaster occur. Timetable: Action Date NPRM NPRM Comment Period End NPRM Comment Period Extended NPRM Comment Period End Final Action erowe on DSK5CLS3C1PROD with RULES VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 Timetable: Action PO 00000 Frm 00015 12/19/08 73 FR 77554 02/20/09 To Be Determined Agency Contact: Jeanie Lin Phone: 301 734–7833 RIN: 0579–AC69 Completed Actions 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. ANPRM 10/23/08 73 FR 63085 12/22/08 Regulatory Flexibility Analysis Required: Yes Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) 219. PLANT PEST REGULATIONS; UPDATE OF CURRENT PROVISIONS (COMPLETION OF A SECTION 610 REVIEW) 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 Abstract: APHIS plans to amend its plant pest regulations to align them FR Cite Date FR Cite 09/27/96 61 FR 50767 Fmt 1254 Sfmt 1254 Action Date ANPRM Comment Period End NPRM NPRM Comment Period End Rulemaking Proceeding Under RIN 0579–AC98 E:\FR\FM\07DER6.SGM 07DER6 FR Cite 12/26/96 10/09/01 66 FR 51340 02/06/02 07/16/09 64390 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda USDA—APHIS Completed Actions Regulatory Flexibility Analysis Required: No 8317; 21 USC 136 and 136a; 49 USC 80503 Agency Contact: Robert Flanders, Senior Technical Advisor, Plant Health Programs, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 131, Riverdale, MD 20737–1236 Phone: 301 734–0858 Abstract: This rulemaking amends 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 makes 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. RIN: 0579–AA80 220. STANDARDS FOR PERMANENT, PRIVATELY OWNED HORSE QUARANTINE FACILITIES (COMPLETION OF A 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 Rule Final Rule Effective FR Cite 12/13/06 71 FR 74827 02/12/07 07/02/09 74 FR 31582 08/03/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Ellen Buck, Veterinary Medical Officer, 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 erowe on DSK5CLS3C1PROD with RULES RIN: 0579–AC00 Completed: Reason Date Final Rule Final Rule Effective 07/08/09 74 FR 32391 10/01/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Marcus McElvaine Phone: 301 734–4382 Kris Caraher Phone: 301 734–0882 RIN: 0579–AC22 222. ∑ PALE CYST NEMATODE; QUARANTINE AND REGULATIONS Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786; 21 USC 136 and 136a Abstract: This action will quarantine parts of Bingham and Bonneville Counties, ID, due to the discovery of the potato cyst nematode there and establish restrictions on the interstate movement of regulated articles from the quarantined area. This action is necessary on an emergency basis to prevent the spread of the potato cyst nematode to noninfested areas of the United States. Timetable: Action 221. 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 VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 FR Cite Date Interim Final Rule Interim Final Rule Effective Interim Final Rule Comment Period End PO 00000 Frm 00016 FR Cite 09/12/07 72 FR 51975 11/01/07 11/13/07 Fmt 1254 Sfmt 1254 Action Date Final Rule Final Rule Effective FR Cite 04/29/09 74 FR 19374 04/29/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Eileen Smith, National Program Manager, Emergency and Domestic Programs, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 134, Riverdale, MD 20737–1236 Phone: 301 734–5235 RIN: 0579–AC54 223. 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. Completed: Reason Agency Is Reevaluating the Domestic Tuberculosis Program Date FR Cite 07/30/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Charles W. Hench E:\FR\FM\07DER6.SGM 07DER6 64391 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda USDA—APHIS Completed Actions Phone: 970 494–7378 RIN: 0579–AC73 224. ∑ CITRUS CANKER; MOVEMENT OF FRUIT FROM QUARANTINED AREAS Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786 Abstract: This action will amend the citrus canker regulations to modify the conditions under which fruit may be moved interstate from a quarantined area. We will eliminate the requirement that each lot of finished fruit be inspected at the packinghouse and found to be free of visible symptoms of citrus canker, and we will remove the current prohibition on the movement of fruit from a quarantined area to commercial citrus-producing States. We will continue to require fruit moved interstate from a quarantined area be treated with an approved disinfectant and packed in a commercial packinghouse that operates under a compliance agreement. These changes will relieve some restrictions on the interstate movement of fresh citrus fruit from quarantined areas while maintaining conditions that will prevent the artificial spread of citrus canker. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 06/30/09 74 FR 31201 08/31/09 10/22/09 74 FR 54431 Regulatory Flexibility Analysis Required: Yes Agency Contact: Stephen Poe, Senior Operations 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–AC96 225. ∑ USER FEES FOR AGRICULTURAL QUARANTINE AND INSPECTION SERVICES 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 action will amend the user fee regulations by adjusting the fees charged for certain agricultural quarantine and inspection (AQI) services that are provided in connection with certain commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international airline passengers arriving at ports in the customs territory of the United States. The recent downturn in the U.S. economy has negatively impacted travel volumes, and, as a result, our user fee collections, which fund these services, have diminished. Because there has been no corresponding decrease in the risk of plant and animal pest and disease introduction into the United States, we have continued to provide inspection and related support services at the same level as we did before the downturn; however, our user fee collections have not been sufficient to enable us to recover fully the costs of providing those services and maintain a reasonable reserve balance. We are therefore increasing our AQI user fees in order to provide adequate funds for these purposes. Timetable: Action Date Interim Final Rule Interim Final Rule Effective Interim Final Rule Effective Date Delayed Notice of Public Meeting Interim Final Rule Withdrawal Effective Delayed Interim Final Rule Effective Interim Final Rule Withdrawn Interim Final Rule Comment Period End Legal Authority: 5 USC 301; 7 USC 1989; 42 USC 1480 erowe on DSK5CLS3C1PROD with RULES provide more guidance on program oversight and monitoring. Action 15:12 Dec 04, 2009 Jkt 220001 10/02/09 74 FR 50915 10/23/09 74 FR 54758 10/30/09 11/01/09 11/04/09 74 FR 57057 11/27/09 Agency Contact: William E. Thomas, Director, Quarantine Policy, Analysis, and Support Staff, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 131, Riverdale, MD 20737 Phone: 301 734–5214 Kris Caraher, User Fee Section, Financial Services Branch, Financial Management Division, MRPBS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 55, Riverdale, MD 20737–1232 Phone: 301 734–0882 RIN: 0579–AC99 BILLING CODE 3410–34–S Final Rule Stage 226. GUARANTEED SINGLE–FAMILY HOUSING VerDate Nov<24>2008 09/28/09 74 FR 49311 10/01/09 Regulatory Flexibility Analysis Required: Yes Department of Agriculture (USDA) Rural Housing Service (RHS) Timetable: 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 FR Cite Date NPRM NPRM Comment Period End Final Action FR Cite 12/15/99 64 FR 70124 02/14/00 02/00/10 Regulatory Flexibility Analysis Required: Yes PO 00000 Frm 00017 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\07DER6.SGM 07DER6 64392 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) Final Rule Stage 227. PERFORMANCE STANDARDS FOR THE PRODUCTION OF PROCESSED MEAT AND POULTRY PRODUCTS; CONTROL OF LISTERIA MONOCYTOGENES IN READY–TO–EAT MEAT AND POULTRY PRODUCTS 228. FEDERAL–STATE INTERSTATE SHIPMENT COOPERATIVE INSPECTION PROGRAM Regulatory Plan: This entry is Seq. No. 23 in part II of this issue of the Federal Register. RIN: 0583–AD37 Regulatory Plan: This entry is Seq. No. 24 in part II of this issue of the Federal Register. BILLING CODE 3410–DM–S RIN: 0583–AC46 Department of Agriculture (USDA) Forest Service (FS) 229. SPECIAL AREAS; STATE–SPECIFIC INVENTORIED ROADLESS AREA MANAGEMENT: COLORADO Legal Authority: Not Yet Determined 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 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 proposed rulemaking for inventoried roadless areas in Colorado. The proposed rulemaking would manage Colorado’s inventoried roadless areas by prohibiting road building and tree Final Rule Stage 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 Timetable: erowe on DSK5CLS3C1PROD with RULES VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 Date NPRM 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. 03/00/10 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 Proposed Rule Stage Action Legal Authority: PL 110–246 07/25/08 73 FR 43544 10/23/08 Regulatory Flexibility Analysis Required: Yes Department of Agriculture (USDA) Office of the Secretary (AgSEC) 230. VOLUNTARY LABELING PROGRAM FOR DESIGNATED BIOBASED PRODUCTS FR Cite FR Cite 07/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Ron Buckhalt, Manager, Biopreferred Program, Departmental Administration, Department of Agriculture, 342 Reporters Building, 300 7th Street SW, Washington, DC 20250 Phone: 202 205–4008 Fax: 202 720–8972 Email: ronb.buckhalt@da.usda.gov RIN: 0503–AA35 PO 00000 Frm 00018 Fmt 1254 Sfmt 1254 231. 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 non- E:\FR\FM\07DER6.SGM 07DER6 64393 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda USDA—AgSEC Proposed Rule Stage durable thermal shipping containers as subcategories. Regulatory Flexibility Analysis Required: Yes Timetable: Agency Contact: Ron Buckhalt, Manager, Biopreferred Program, Departmental Administration, Department of Agriculture, 342 Action Date NPRM FR Cite 02/00/10 Reporters Building, 300 7th Street 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) 232. 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 Abstract: 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 assistance to any single entity may be provided as a guaranteed loan or grant, or a combination of a loan and grant. Since the programs inception, it has become evident that some of the language in the existing regulation was misinterpreted by field offices and applicants. The changes are as follows: erowe on DSK5CLS3C1PROD with RULES - Clarify that surety requirements for projects under $100,000, no surety is required. For projects between $100,000 and $200,000, no surety would be required if the contractor will accept payment as a ‘‘lump sum’’ at the end VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 Proposed Rule Stage of the work. For projects more than $200,000, surety is required. - The requirements for a review of plans and specifications by the Agency will refer to either the State Architect or State Engineer to perform the review rather than just an Agency employee. - Clarify contract administration requirements for a design/build contract of more than $200,000. - Compliance with Executive Order 11246 is necessary for all construction contracts issued by non-profit applicants (not just those in excess of $10,000). administration requirements. The present language needs to incorporate ‘‘lessons learned’’ with the experience gained in the five years since the inception of this new program. - Include minor revisions to the application, application processing, and grant/loan-making requirements to clarify intentions not fully explained in the existing 7 CFR 4280 language. Timetable: Action Date NPRM NPRM Comment Period End FR Cite 04/00/10 06/00/10 - Non-profits must meet the requirements of 7 CFR 3019.40-48(e). Additional changes for non-for-profit entities are required as well. (The vast majority of Renewable Energy applicants are ‘‘for profit’’ entities. However, some non-profits are acceptable applicants.) The regulation does not adequately cover the additional requirements for a non-profit entity. Regulatory Flexibility Analysis Required: No - Revise procurement, construction contract and construction [FR Doc. E9–28563 Filed 12–04–09; 8:45 am] PO 00000 Frm 00019 Fmt 1254 Sfmt 1254 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 BILLING CODE 3410–XY–S E:\FR\FM\07DER6.SGM 07DER6

Agencies

DEPARTMENT OF AGRICULTURE

[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Unknown Section]
[Pages 64375-64393]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28563]


[[Page 64375]]

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Part III





Department of Agriculture





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Semiannual Regulatory Agenda

[[Page 64376]]



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, Fall 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.'' The agenda also describes 
regulations affecting small entities as required by section 602 of the 
Regulatory Flexibility Act, Public Law 96-354. This agenda also 
identifies regulatory actions that are being reviewed in compliance 
with section 610(c) of the Regulatory Flexibility Act. We invite public 
comment on those actions.

    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 this edition of the USDA regulatory agenda, the most 
important significant regulatory actions and a Statement of 
Regulatory Priorities are included in the Regulatory Plan, which 
appears in both the online regulatory agenda and in part II of the 
Federal Register that includes the abbreviated regulatory agenda.

    For this fall 2009 edition, regulations previously developed by 
the former Cooperative State Research, Education, and Extension 
Service (CSREES) will now appear under the new National Institute 
of Food and Agriculture (NIFA).

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: September 18, 2009.

 Michael Poe,

Chief, Legislative and Regulatory Staff.

                               Agricultural Marketing Service--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
179         National Organic Program: Dairy Replacement Animals (Livestock).......................    0581-AC69
180         National Organic Program, Sunset (2011) (Crops and Processing) (TM-07-14).............    0581-AC77
----------------------------------------------------------------------------------------------------------------


                                Agricultural Marketing Service--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
181         National Organic Program: Access to Pasture (Reg Plan Seq No. 1)......................    0581-AC57
182         National Dairy Promotion and Research Program; Final Rule on Amendments to the Order      0581-AC87
            (Reg Plan Seq No. 2)..................................................................
183         National Organic Program--Amendments to the National List (Crops, Livestock, and          0581-AC91
            Processing) TM-08-06..................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                                Agricultural Marketing Service--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
184         National Organic Program: Add Standards for the Organic Certification of Wild Captured    0581-AB97
            Aquatic Animals, TM-01-08.............................................................
----------------------------------------------------------------------------------------------------------------


[[Page 64377]]


                                Agricultural Marketing Service--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
185         Mushroom Promotion, Research and Consumer Information Order (FV-08-702)...............    0581-AC82
----------------------------------------------------------------------------------------------------------------


                                    Farm Service Agency--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
186         Emergency Forest Restoration Program..................................................    0560-AH89
187         Biomass Crop Assistance Program.......................................................    0560-AH92
188         Farm Loan Programs Loan Making Activities.............................................    0560-AI03
189         Conservation Loan Guarantee Program...................................................    0560-AI04
----------------------------------------------------------------------------------------------------------------


                                      Farm Service Agency--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
190         Loan Servicing; Farm Loan Programs....................................................    0560-AI05
----------------------------------------------------------------------------------------------------------------


                         Animal and Plant Health Inspection Service--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number

----------------------------------------------------------------------------------------------------------------
191         Animal Welfare: Marine Mammals; Nonconsensus Language and Interactive Programs            0579-AB24
            (Rulemaking Resulting From a Section 610 Review)......................................
192         Animal Welfare; Regulations and Standards for Birds (Reg Plan Seq No. 3)..............    0579-AC02
193         Tuberculosis in Cattle; Import Requirements for Roping Steers.........................    0579-AC50
194         Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine Products (Reg Plan    0579-AC68
            Seq No. 4)............................................................................
195         Importation of Grapes From Chile Under a Systems Approach.............................    0579-AC82
196         Scrapie in Sheep and Goats............................................................    0579-AC92
197         Plant Pest Regulations; Update of General Provisions..................................    0579-AC98
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                          Animal and Plant Health Inspection Service--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
198         Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities;    0579-AB97
            Unsealing of Means of Conveyance and Transloading of Products.........................
199         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) (Reg Plan Seq No. 5)..............................................
200         National Veterinary Accreditation Program (Rulemaking Resulting From a Section 610        0579-AC04
            Review)...............................................................................
201         Citrus Canker; Compensation for Certified Citrus Nursery Stock........................    0579-AC05
202         Agricultural Inspection and AQI User Fees Along the U.S./Canada Border................    0579-AC06
203         Citrus Canker; Quarantine of the State of Florida.....................................    0579-AC07
204         Importation of Poultry and Poultry Products From Regions Affected With Highly             0579-AC36
            Pathogenic Avian Influenza............................................................
205         Light Brown Apple Moth Quarantine.....................................................    0579-AC71
206         Viral Hemorrhagic Septicemia; Interstate Movement and Import Restrictions on Certain      0579-AC74
            Live Fish.............................................................................
207         Citrus Greening and Asian Citrus Psyllid; Quarantine and Interstate Movement              0579-AC85
            Regulations...........................................................................
208         Sirex Woodwasp; Quarantine and Regulations............................................    0579-AC86
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


[[Page 64378]]


                          Animal and Plant Health Inspection Service--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
209         Phytosanitary Certificates for Imported Fruits and Vegetables.........................    0579-AB18
210         Foot-and-Mouth Disease; Payment of Indemnity..........................................    0579-AB34
211         Tuberculosis in Cattle; Import Requirements (Section 610 Review)......................    0579-AB44
212         Phytophthora Ramorum; Quarantine and Regulations......................................    0579-AB82
213         Boll Weevil; Quarantine and Regulations...............................................    0579-AB91
214         Minimum Age Requirements for the Transport of Animals.................................    0579-AC14
215         Introduction of Organisms and Products Altered or Produced Through Genetic Engineering    0579-AC31
216         Animal Welfare; Climatic and Environmental Conditions for Transportation of Warm-         0579-AC41
            Blooded Animals Other Than Marine Mammals.............................................
217         Importation of Cattle From Mexico; Addition of Port at San Luis, Arizona..............    0579-AC63
218         Handling of Animals; Contingency Plans................................................    0579-AC69
----------------------------------------------------------------------------------------------------------------


                          Animal and Plant Health Inspection Service--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
219         Plant Pest Regulations; Update of Current Provisions (Completion of a Section 610         0579-AA80
            Review)...............................................................................
220         Standards for Permanent, Privately Owned Horse Quarantine Facilities (Completion of a     0579-AC00
            Section 610 Review)...................................................................
221         User Fees; Export Certification for Plants and Plant Products.........................    0579-AC22
222         Pale Cyst Nematode; Quarantine and Regulations........................................    0579-AC54
223         Bovine Tuberculosis...................................................................    0579-AC73
224         Citrus Canker; Movement of Fruit From Quarantined Areas...............................    0579-AC96
225         User Fees for Agricultural Quarantine and Inspection Services.........................    0579-AC99
----------------------------------------------------------------------------------------------------------------


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


                              Food Safety and Inspection Service--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
227         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 (Reg Plan
            Seq No. 23)...........................................................................
228         Federal-State Interstate Shipment Cooperative Inspection Program (Reg Plan Seq No. 24)    0583-AD37
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


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


[[Page 64379]]


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


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

BILLING CODE 3410-90-S
_______________________________________________________________________


Department of Agriculture (USDA)                    Proposed Rule Stage


Agricultural Marketing Service (AMS)



_______________________________________________________________________




179. NATIONAL ORGANIC PROGRAM: DAIRY REPLACEMENT ANIMALS (LIVESTOCK)

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                            06/00/10
Final Action                    12/00/10

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-AC69
_______________________________________________________________________




180. 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, 2011. 
The AMS published an advance notice of proposed rulemaking to make the 
public aware of this requirement. AMS believes that public comment is 
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, 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-AC77

[[Page 64380]]

_______________________________________________________________________


Department of Agriculture (USDA)                       Final Rule Stage


Agricultural Marketing Service (AMS)



_______________________________________________________________________




181. NATIONAL ORGANIC PROGRAM: ACCESS TO PASTURE

 Regulatory Plan: This entry is Seq. No. 1 in part II of this issue of 
the Federal Register.

RIN: 0581-AC57
_______________________________________________________________________




182. NATIONAL DAIRY PROMOTION AND RESEARCH PROGRAM; FINAL RULE ON 
AMENDMENTS TO THE ORDER

 Regulatory Plan: This entry is Seq. No. 2 in part II of this issue of 
the Federal Register.

RIN: 0581-AC87
_______________________________________________________________________




183.  NATIONAL ORGANIC PROGRAM--AMENDMENTS TO THE 
NATIONAL LIST (CROPS, LIVESTOCK, AND PROCESSING) TM-08-06

Legal Authority: 7 USC 6517 and 6518

Abstract: The Agricultural Marketing Service is amending the National 
List of Allowed and Prohibited Substances contained in the National 
Organic Program regulations. This rule would add six new substances and 
remove one from the list.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/03/09                    74 FR 26591
NPRM Comment Period End         08/03/09
Final Action                    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-AC91
_______________________________________________________________________


Department of Agriculture (USDA)                      Long-Term Actions


Agricultural Marketing Service (AMS)



_______________________________________________________________________




184. 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                           12/00/10

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-AB97
_______________________________________________________________________


Department of Agriculture (USDA)                      Completed Actions


Agricultural Marketing Service (AMS)



_______________________________________________________________________





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

Legal Authority: 7 USC 6101 to 6112

Abstract: The Farm Bill of 2008 amended 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.

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/07/09                    74 FR 15677
Second NPRM                     06/05/09                    74 FR 26984
Second NPRM Comment Period End  07/17/09
Final Action                    10/02/09                    74 FR 50915
Final Action Effective          10/05/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Sonia Jimenez
Phone: 202 720-9915
Fax: 202 205-2800
Email: sonia.jimenez@usda.gov

RIN: 0581-AC82
BILLING CODE 3410-02-S

[[Page 64381]]

_______________________________________________________________________


Department of Agriculture (USDA)                    Proposed Rule Stage


Farm Service Agency (FSA)



_______________________________________________________________________




186. 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, 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-AH89
_______________________________________________________________________




187. 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
Notice-EIS                      05/13/09
Notice Comment Period End       06/12/09
Notice-NOFA                     06/11/09                    74 FR 27767
Notice Comment Period End       08/10/09
Notice-EIS                      08/10/09                    74 FR 39915
Notice Comment Period End       09/24/09
NPRM                            12/00/09
Final Rule                      01/00/10

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-AH92
_______________________________________________________________________




188. 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 five-
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 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                            11/00/10

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
_______________________________________________________________________




189. 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

[[Page 64382]]

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                            12/00/09

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
_______________________________________________________________________


Department of Agriculture (USDA)                       Final Rule Stage


Farm Service Agency (FSA)



_______________________________________________________________________




190. 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                            08/07/09                    74 FR 39565
NPRM Comment Period End         10/06/09
Final Rule                      01/00/10

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
BILLING CODE 3410-05-S
_______________________________________________________________________


Department of Agriculture (USDA)                    Proposed Rule Stage


Animal and Plant Health Inspection Service (APHIS)



_______________________________________________________________________




191. 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                            12/00/09
NPRM Comment Period End         02/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Barbara Kohn, Senior Staff Veterinarian, Animal Care, 
Department of Agriculture, Animal and Plant Health Inspection Service, 
4700

[[Page 64383]]

River Road, Unit 84, Riverdale, MD 20737-1234
Phone: 301 734-7833

RIN: 0579-AB24
_______________________________________________________________________




192. ANIMAL WELFARE; REGULATIONS AND STANDARDS FOR BIRDS

 Regulatory Plan: This entry is Seq. No. 3 in part II of this issue of 
the Federal Register.

RIN: 0579-AC02
_______________________________________________________________________




193. 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                01/00/10

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
_______________________________________________________________________




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

 Regulatory Plan: This entry is Seq. No. 4 in part II of this issue of 
the Federal Register.

RIN: 0579-AC68
_______________________________________________________________________




195. IMPORTATION OF GRAPES FROM CHILE UNDER A SYSTEMS APPROACH

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: We are proposing two changes related to our proposed rule 
published in the Federal Register on August 27, 2008, that would amend 
the fruit and vegetable 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 have to be fumigated with methyl bromide as a risk-mitigation 
measure for Brevipalpus chilensis. On August 27, 2008, we proposed to 
allow a combination of risk-mitigation measures, or systems approach, 
to be employed in lieu of methyl bromide fumigation for B. chilensis. 
However, there is a new quarantine pest of table grapes, Lobesia 
botrana, in Chile, and the proposed systems approach does not address 
and was not intended to mitigate the risk for this pest. Therefore, 
this supplemental proposed rule modifies the proposed systems approach 
so that it is effective for L. botrana. Alternatively, it would require 
Chilean grapes that do not meet the conditions of the systems approach 
for L. botrana to be fumigated with methyl bromide as a condition of 
their importation into the continental United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/27/08                    73 FR 50577
NPRM Comment Period End         10/27/08
Supplemental NPRM               12/00/09
Supplemental NPRM Comment Period 
End                             02/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Charisse Cleare, Regulatory Coordination Specialist, 
Regulations, Permits & Manuals, PPQ, Department of Agriculture, Animal 
and Plant Health Inspection Service, 4700 River Road, Unit 156, 
Riverdale, MD 20737
Phone: 301 734-0773

RIN: 0579-AC82
_______________________________________________________________________




196. 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                            12/00/09
NPRM Comment Period End         02/00/10

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

[[Page 64384]]

Phone: 301 734-6954

RIN: 0579-AC92
_______________________________________________________________________




197.  PLANT PEST REGULATIONS; UPDATE OF GENERAL 
PROVISIONS

Legal Authority: 7 USC 450; 7 USC 2260; 7 USC 7701 to 7772; 7 USC 7781 
to 7786; 19 USC 136; 21 USC 111; 21 USC 114a; 21 USC 136 and 136a; 31 
USC 9701; 42 USC 4331 to 4332

Abstract: We are proposing to revise our regulations regarding the 
movement of plant pests. We are proposing to regulate not only plant 
pests, but also biological control organisms and noxious weeds. We are 
proposing risk-based criteria for determining the plant pest status of 
biological control organisms, providing for the environmental release 
of organisms for the biological control of weeds, providing for 
exemption from permit requirements for certain plant pests, and adding 
relevant definitions. We are also proposing to revise our regulations 
regarding the movement of soil. These proposed changes would clarify 
the factors that would be considered when assessing the risks 
associated with certain organisms, facilitate the importation and 
interstate movement of regulated organisms, provide transparency of the 
assessment process, and address gaps in the current regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent to Prepare an 
Environmental Impact Statement  10/20/09                    74 FR 53673
Notice Comment Period End       11/19/09
NPRM                            01/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Robert Flanders, Senior Technical Advisor, Plant Health 
Programs, PPQ, Department of Agriculture, Animal and Plant Health 
Inspection Service, 4700 River Road, Unit 131, Riverdale, MD 20737-1236
Phone: 301 734-0858

RIN: 0579-AC98
_______________________________________________________________________


Department of Agriculture (USDA)                       Final Rule Stage


Animal and Plant Health Inspection Service (APHIS)



_______________________________________________________________________




198. 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 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              11/28/05                    70 FR 71213
Interim Final Rule Comment 
Period End                      01/27/06
Final Action                    12/00/10

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
_______________________________________________________________________




199. 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)

 Regulatory Plan: This entry is Seq. No. 5 in part II of this issue of 
the Federal Register.

RIN: 0579-AC03
_______________________________________________________________________




200. NATIONAL VETERINARY ACCREDITATION PROGRAM (RULEMAKING RESULTING 
FROM A SECTION 610 REVIEW)

Legal Authority: 7 USC 8301 to 8317; 15 USC 1828

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.

[[Page 64385]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/01/06                    71 FR 31109
NPRM Comment Period End         07/31/06
Supplemental NPRM               02/27/07                     72 FR 8634
Supplemental NPRM Comment Period 
End                             04/30/07
Final Action                    12/00/09

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
_______________________________________________________________________




201. CITRUS CANKER; COMPENSATION FOR CERTIFIED CITRUS NURSERY STOCK

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

Abstract: This rulemaking will establish provisions under which 
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                      FR Cite

________________________________________________________________________

Interim Final Rule              06/08/06                    71 FR 33168
Interim Final Rule Effective    06/08/06
Interim Final Rule Comment 
Period End                      08/07/06
Affirmation of Interim Final 
Rule                            03/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Stephen Poe, Senior Operations 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-AC05
_______________________________________________________________________




202. AGRICULTURAL INSPECTION AND AQI USER FEES ALONG THE U.S./CANADA 
BORDER

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

Abstract: This action amended 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 are 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 took this 
action in part because we were not recovering the costs of our 
inspection activities at the U.S./Canada border. In addition, our data 
showed an increasing number of interceptions on 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 
indicated that we needed 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                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/25/06                    71 FR 50320
Interim Final Rule Comment 
Period End                      11/24/06
Interim Final Rule Effective    11/24/06
Delay of Effective Date         11/22/06                    71 FR 67436
Delay of Effective Date         02/26/07                     72 FR 8261
Final Action                    12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Cynthia Stahl, Senior Staff Officer, Quarantine Policy, 
Analysis, and Support, PPQ, Department of Agriculture, Animal and Plant 
Health Inspection Service, 4700 River Road, Unit 60, Riverdale, MD 
20737
Phone: 301 734-8415

RIN: 0579-AC06
_______________________________________________________________________




203. CITRUS CANKER; QUARANTINE OF THE STATE OF FLORIDA

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

Abstract: This action amended the citrus canker regulations to list the 
entire State of Florida as a quarantined area for citrus canker and 
amended 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 also amended 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 were necessary in light of the Department's 
determination that the established eradication program was no longer a 
scientifically feasible option to address citrus canker.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/01/06                    71 FR 43345
Interim Final Rule Effective    08/01/06
Interim Final Rule Comment 
Period End                      10/02/06
Technical Amendment             01/12/07                     72 FR 1415
Final Action                    03/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Stephen Poe, Senior Operations 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
_______________________________________________________________________




204. 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

[[Page 64386]]

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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/00/09
Interim Final Rule Comment 
Period End                      02/00/10

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
_______________________________________________________________________




205. LIGHT BROWN APPLE MOTH QUARANTINE

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

Abstract: We are quarantining 10 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

___________________________________

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