, 21729-21747 [2010-8928]

Download as PDF Monday, April 26, 2010 Part III Department of Agriculture erowe on DSK5CLS3C1PROD with PROPOSALS Semiannual Regulatory Agenda VerDate Nov<24>2008 12:18 Apr 23, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26APP3.SGM 26APP3 21730 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DEPARTMENT OF AGRICULTURE (USDA) DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Subtitle A, Chs. I-VII, IX-XII, XIVXVIII, XXI, XXIV-XXIX 9 CFR Chs. I-IV 36 CFR Ch. II 41 CFR Ch. 4 Semiannual Regulatory Agenda, Spring 2010 AGENCY: ACTION: Office of the Secretary, USDA. Semiannual regulatory agenda. SUMMARY: This agenda provides summary descriptions of significant and not significant regulations being developed in agencies of the U.S. Department of Agriculture (USDA) in conformance with Executive Order 12866 ‘‘Regulatory Planning and Review.’’ USDA has attempted to list all regulations and regulatory reviews pending at the time of publication, except for minor and routine or repetitive actions, but some may have been inadvertently missed. There is no legal significance to the omission of an item from this listing. Also, the dates shown for the steps of each action are estimated and are not commitments to act on or by the date shown. USDA’s complete regulatory agenda is available online at www.reginfo.gov. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), USDA’s printed agenda entries include only: (1) Rules that are likely to have a significant economic impact on a substantial number of small entities; and (2) Rules identified for periodic review under section 610 of the Regulatory Flexibility Act. FOR FURTHER INFORMATION CONTACT: For further information on any specific entry shown in this agenda, please contact the person listed for that action. For general comments or inquiries about the agenda, please contact Michael Poe, Office of Budget and Program Analysis, U.S. Department of Agriculture, Washington, DC 20250, (202) 720-3275. Dated: March 9, 2010. Michael Poe, Chief, Legislative and Regulatory Staff. Agricultural Marketing Service—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 1 2 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 3 4 National Dairy Promotion and Research Program; Dairy Import Assessments ........................................................... National Organic Program: Amendments to the National List (Crops, Livestock, and Processing) TM-08-06 ........... 0581–AC87 0581–AC91 Agricultural Marketing Service—Completed Actions Sequence Number Title Regulation Identifier Number 5 National Organic Program: Access to Pasture, TM-05-14 ........................................................................................... 0581–AC57 Farm Service Agency—Proposed Rule Stage erowe on DSK5CLS3C1PROD with PROPOSALS Sequence Number Title Regulation Identifier Number 6 7 8 9 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 VerDate Nov<24>2008 12:18 Apr 23, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 1254 Sfmt 1254 E:\FR\FM\26APP3.SGM 26APP3 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda 21731 USDA Farm Service Agency—Final Rule Stage Sequence Number Title Regulation Identifier Number 10 Loan Servicing; Farm Loan Programs .......................................................................................................................... 0560–AI05 Animal and Plant Health Inspection Service—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 11 Animal Welfare: Marine Mammals; Nonconsensus Language and Interactive Programs (Rulemaking Resulting From a Section 610 Review) ..................................................................................................................................... Animal Welfare; Regulations and Standards for Birds ................................................................................................. Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine Products .................................................... Viral Hemorrhagic Septicemia; Interstate Movement and Import Restrictions on Certain Live Fish ........................... Importation of Lemons From Northwest Argentina ....................................................................................................... Scrapie in Sheep and Goats ......................................................................................................................................... Plant Pest Regulations; Update of General Provisions ................................................................................................ Bovine Spongiform Encephalopathy and Scrapie; Importation of Small Ruminants and Their Germplasm, Products, and Byproducts ................................................................................................................................................... 0579–AB24 0579–AC02 0579–AC68 0579–AC74 0579–AC79 0579–AC92 0579–AC98 12 13 14 15 16 17 18 0579–AD10 Animal and Plant Health Inspection Service—Final Rule Stage Regulation Identifier Number Sequence Number Title 19 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) .......................................... Citrus Canker; Compensation for Certified Citrus Nursery Stock ................................................................................. Citrus Canker; Quarantine of the State of Florida ........................................................................................................ Importation of Poultry and Poultry Products From Regions Affected With Highly Pathogenic Avian Influenza .......... Citrus Greening and Asian Citrus Psyllid; Quarantine and Interstate Movement Regulations .................................... 20 21 22 23 0579–AC03 0579–AC05 0579–AC07 0579–AC36 0579–AC85 Animal and Plant Health Inspection Service—Long-Term Actions Regulation Identifier Number Sequence Number Title 24 25 26 27 28 29 Phytosanitary Certificates for Imported Fruits and Vegetables .................................................................................... 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 ......................................................................................................................................................... Handling of Animals; Contingency Plans ...................................................................................................................... Light Brown Apple Moth Quarantine ............................................................................................................................. Sirex Woodwasp; Quarantine and Regulations ............................................................................................................ 30 31 32 0579–AB18 0579–AB82 0579–AB91 0579–AC14 0579–AC31 0579–AC41 0579–AC69 0579–AC71 0579–AC86 erowe on DSK5CLS3C1PROD with PROPOSALS Animal and Plant Health Inspection Service—Completed Actions Regulation Identifier Number Sequence Number Title 33 34 35 Foot-and-Mouth Disease; Payment of Indemnity .......................................................................................................... Tuberculosis in Cattle; Import Requirements (Completion of a Section 610 Review) .............................................. Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities; Unsealing of Means of Conveyance and Transloading of Products ............................................................................................................ VerDate Nov<24>2008 12:18 Apr 23, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 1254 Sfmt 1254 E:\FR\FM\26APP3.SGM 26APP3 0579–AB34 0579–AB44 0579–AB97 21732 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda USDA Animal and Plant Health Inspection Service—Completed Actions (Continued) Sequence Number Title Regulation Identifier Number 36 37 38 39 40 National Veterinary Accreditation Program (Completion of a Section 610 Review) ................................................. Agricultural Inspection and AQI User Fees Along the U.S./Canada Border ................................................................ Tuberculosis in Cattle; Import Requirements for Roping Steers .................................................................................. Importation of Cattle From Mexico; Addition of Port at San Luis, Arizona ................................................................... Importation of Grapes From Chile Under a Systems Approach ................................................................................... 0579–AC04 0579–AC06 0579–AC50 0579–AC63 0579–AC82 Rural Housing Service—Final Rule Stage Sequence Number Title Regulation Identifier Number 41 Guaranteed Single-Family Housing .............................................................................................................................. 0575–AC18 Food Safety and Inspection Service—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 42 Mandatory Inspection of Catfish and Catfish Products ................................................................................................ 0583–AD36 Food Safety and Inspection Service—Final Rule Stage Sequence Number Title Regulation Identifier Number 43 Performance Standards for the Production of Processed Meat and Poultry Products; Control of Listeria Monocytogenes in Ready-To-Eat Meat and Poultry Products .................................................................................... Federal-State Interstate Shipment Cooperative Inspection Program ........................................................................... 0583–AC46 0583–AD37 44 Forest Service—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 45 Special Areas; State-Specific Inventoried Roadless Area Management: Colorado ..................................................... 0596–AC74 Office of the Secretary—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 46 47 48 Designation of Biobased Items for Federal Procurement, Round 7 ............................................................................. Designation of Biobased Items for Federal Procurement, Round 8 ............................................................................. Revised Program Guidelines ........................................................................................................................................ 0503–AA36 0503–AA39 0503–AA40 erowe on DSK5CLS3C1PROD with PROPOSALS Office of the Secretary—Final Rule Stage Sequence Number Title Regulation Identifier Number 49 Voluntary Labeling Program for Designated Biobased Products ................................................................................. 0503–AA35 BILLING CODE 3410–90–S VerDate Nov<24>2008 12:18 Apr 23, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 1254 Sfmt 1254 E:\FR\FM\26APP3.SGM 26APP3 21733 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda Department of Agriculture (USDA) Agricultural Marketing Service (AMS) 1. 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 NPRM Final Action Date FR Cite 08/00/10 03/00/11 Proposed Rule Stage Regulatory Flexibility Analysis Required: Yes Agency Contact: Shannon H. Nally, Acting Director, Standards Division, NOP, Department of Agriculture, Agricultural Marketing Service, Room 2646–South Building, 14th & Independence Avenue SW, Washington, DC 20250 Phone: 202 720–3252 Email: shannon.nally@usda.gov RIN: 0581–AC69 2. 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 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 erowe on DSK5CLS3C1PROD with PROPOSALS Legal Authority: 7 USC 4501 to 4514; 7 USC 7401 Abstract: The Dairy Act authorizes the Order for dairy product promotion, research, and nutrition education as part of a comprehensive strategy to increase human consumption of milk and dairy products and to reduce milk surpluses. The program functions to strengthen the dairy industry’s position in the marketplace by maintaining and expanding domestic and foreign consumption of fluid milk and dairy products. Amendments to the Order are pursuant to the 2002 and 2008 Farm Bills. The 2002 Farm Bill mandates that the Order be amended to implement an assessment on imported dairy products to fund promotion and research. The 2008 Farm Bill specifies a mandatory assessment rate of 7.5-cent per hundredweight of milk, or equivalent VerDate Nov<24>2008 12:18 Apr 23, 2010 Jkt 220001 10/00/10 08/00/11 Agency Contact: Shannon H. Nally, Acting Director, Standards Division, NOP, Department of Agriculture, Agricultural Marketing Service, Room 2646–South Building, 14th & Independence Avenue SW, Washington, DC 20250 Phone: 202 720–3252 Email: shannon.nally@usda.gov RIN: 0581–AC77 Final Rule Stage thereof, on dairy products imported into the United States. Additionally, in accordance with the 2008 Farm Bill, the term ‘‘United States’’ is the Dairy Act is amended to mean all States, the District of Columbia, and the Commonwealth of Puerto Rico. Producers in these areas will be assessed 15 cents per hundredweight for all milk produced and marketed. Action Date NPRM NPRM Comment Period End Final Action FR Cite 05/19/09 74 FR 23359 06/18/09 10/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Whitney Rick, Promotion and Research Branch Chief, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250 Phone: 202 720–6909 Frm 00005 Fax: 202 720–0285 Email: whitney.rick@usda.gov RIN: 0581–AC87 4. NATIONAL ORGANIC PROGRAM: AMENDMENTS TO THE NATIONAL LIST (CROPS, LIVESTOCK, AND PROCESSING) TM–08–06 Legal Authority: 7 USC 6517 and 6518 Timetable: PO 00000 03/14/08 73 FR 13795 05/13/08 Regulatory Flexibility Analysis Required: Yes Department of Agriculture (USDA) Agricultural Marketing Service (AMS) 3. NATIONAL DAIRY PROMOTION AND RESEARCH PROGRAM; DAIRY IMPORT ASSESSMENTS FR Cite Fmt 1254 Sfmt 1254 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 NPRM NPRM Comment Period End Final Action E:\FR\FM\26APP3.SGM 26APP3 FR Cite 06/03/09 74 FR 26591 08/03/09 06/00/10 21734 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda USDA—AMS Final Rule Stage NOP, Department of Agriculture, Agricultural Marketing Service, Room 2646–South Building, 14th & Independence Avenue SW, Washington, DC 20250 Regulatory Flexibility Analysis Required: Yes Agency Contact: Shannon H. Nally, Acting Director, Standards Division, Phone: 202 720–3252 Email: shannon.nally@usda.gov RIN: 0581–AC91 Department of Agriculture (USDA) Agricultural Marketing Service (AMS) 5. NATIONAL ORGANIC PROGRAM: ACCESS TO PASTURE, TM–05–14 Legal Authority: 7 USC 6501 et seq Abstract: The National Organic Program (NOP) is administered by the Agricultural Marketing Service (AMS). Under the NOP, AMS established national standards for the production and handling of organically produced agricultural products. Since implementation of the NOP, some members of the public have advocated for a more explicit regulatory standard on the relationship between livestock, Completed Actions particularly dairy animals, and grazing land. They have asserted the current regulatory language on access to pasture for ruminants and temporary confinement based on an animal’s stage of production, when applied together, do not provide a uniform requirement for the pasturing of ruminant animals that meet the principles underlying an organic management system for livestock and livestock products that consumers expect. Comments received as a result of the proposed rule will assist in determining the Agency’s next steps in rulemaking on this issue. Completed: Reason 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: Date NPRM erowe on DSK5CLS3C1PROD with PROPOSALS Action 10/00/10 FR Cite 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 VerDate Nov<24>2008 12:18 Apr 23, 2010 Jkt 220001 04/19/10 75 FR 7154 Agency Contact: Shannon H. Nally Phone: 202 720–3252 Email: shannon.nally@usda.gov RIN: 0581–AC57 BILLING CODE 3410—02—S Proposed Rule Stage Phone: 202 205–5851 Fax: 202 720–5233 Email: deirdre.holder@wdc.usda.gov Legal Authority: PL 110–246 FR Cite 02/17/10 75 FR 7154 Regulatory Flexibility Analysis Required: Yes Department of Agriculture (USDA) Farm Service Agency (FSA) 6. EMERGENCY FOREST RESTORATION PROGRAM Date Final Action: Comments Requested Comments Due RIN: 0560–AH89 7. 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 and 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 PO 00000 Frm 00006 Fmt 1254 Sfmt 1254 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 NPRM Comment Period End 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 02/08/10 75 FR 6264 04/09/10 09/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Deirdre Holder, Director, Regulatory Review Group, Department of Agriculture, Farm E:\FR\FM\26APP3.SGM 26APP3 21735 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda USDA—FSA Proposed Rule Stage 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 8. 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 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 NPRM Comment Period End Final Rule FR Cite 04/00/10 06/00/10 09/00/10 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 9. CONSERVATION LOAN GUARANTEE PROGRAM Legal Authority: PL 110–246 Abstract: The rule will implement the provisions of the 2008 Farm Bill that affect Farm Loan Programs (FLP) Loan Making Division (LMD); there is discretion in how several of the provisions are implemented. The section being implemented is 5002, Conservation Loan and Loan Guarantee. Implementation of this provision will create a new direct and guaranteed loan program directed at assisting farmers in implementing conservation practices. The rule establishes a new loan and loan guarantee program to finance qualifying conservation projects. All guarantees will be at 75 percent of the loan amount. The applicant must have an acceptable conservation plan that includes the project(s) to be financed. Preference is given to beginning farmer and socially disadvantaged applicants, conversion to sustainable or organic production practices, and compliance with highly erodible land conservation requirements. Eligibility for the program is not restricted to those who cannot get credit elsewhere. The program is not mandatory; appropriations are authorized. Timetable: Action Date NPRM NPRM Comment Period End Final Rule erowe on DSK5CLS3C1PROD with PROPOSALS VerDate Nov<24>2008 12:18 Apr 23, 2010 Jkt 220001 04/00/10 06/00/10 09/00/10 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–AI04 Department of Agriculture (USDA) Farm Service Agency (FSA) 10. 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 FR Cite Final Rule Stage 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 PO 00000 Frm 00007 Fmt 1254 Sfmt 1254 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. E:\FR\FM\26APP3.SGM 26APP3 21736 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda USDA—FSA Final Rule Stage 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 FR Cite 08/07/09 74 FR 39565 10/06/09 09/00/10 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) Animal and Plant Health Inspection Service (APHIS) Agency Contact: Barbara Kohn, Senior Staff Veterinarian, Animal Care, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 84, Riverdale, MD 20737–1234 Phone: 301 734–7833 11. 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 swimwith-the-dolphin programs. These actions appear necessary to ensure that the minimum standards for the humane handling, care, treatment, and transportation of marine mammals in captivity are based on current general, industry, and scientific knowledge and experience. Timetable: erowe on DSK5CLS3C1PROD with PROPOSALS RIN: 0579–AB24 12. ANIMAL WELFARE; REGULATIONS AND STANDARDS FOR BIRDS Legal Authority: 7 USC 2131 to 2159 Abstract: APHIS intends to establish standards for the humane handling, care, treatment, and transportation of birds other than birds bred for use in research. Timetable: Action Date NPRM NPRM Comment Period End FR Cite Date ANPRM ANPRM Comment Period End NPRM NPRM Comment Period End Regulatory Flexibility Analysis Required: Yes Agency Contact: Gerald Rushin, Veterinary Medical Officer, Animal Care, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 84, Riverdale, MD 20737–1234 Phone: 301 734–0954 FR Cite 05/30/02 67 FR 37731 07/29/02 06/00/10 08/00/10 Regulatory Flexibility Analysis Required: Yes 12:18 Apr 23, 2010 Jkt 220001 Abstract: This rulemaking would amend the regulations regarding the importation of bovines and bovine products. Under this rulemaking, countries would be classified as either negligible risk, controlled risk, or undetermined risk for bovine spongiform encephalopathy (BSE). Some commodities would be allowed importation into the United States regardless of the BSE classification of the country of export. Other commodities would be subject to importation restrictions or prohibitions based on the type of commodity and the BSE classification of the country. The criteria for country classification and commodity import would be closely aligned with those of the World Organization for Animal Health. Timetable: Action 08/00/10 11/00/10 RIN: 0579–AC02 Action VerDate Nov<24>2008 Proposed Rule Stage 13. BOVINE SPONGIFORM ENCEPHALOPATHY; IMPORTATION OF BOVINES AND BOVINE PRODUCTS Date NPRM NPRM Comment Period End Frm 00008 Fmt 1254 Sfmt 1254 08/00/10 10/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Christopher Robinson, Senior Staff Veterinarian, Technical Trade Services, National Center for Import and Export, VS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 40, Riverdale, MD 20737–1231 Phone: 301 734–7837 RIN: 0579–AC68 Legal Authority: 7 USC 450; 7 USC 1622; 7 USC 7701 to 7772; 7 USC 8301 to 8317; 21 USC 136 and 136a; 31 USC 9701 PO 00000 FR Cite E:\FR\FM\26APP3.SGM 26APP3 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda USDA—APHIS Proposed Rule Stage 14. 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: We are establishing 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. Viral hemorrhagic septicemia has been 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. This proposed rule replaces a previously published but not effective interim rule that contained substantially different restrictions on the interstate movement and importation of VHS-susceptible live fish. Timetable: Action Date erowe on DSK5CLS3C1PROD with PROPOSALS Interim Final Rule Interim Final Rule Comment Period End Interim Final Rule: Delay of Effective Date Interim Final Rule Effective Interim Final Rule: Delay of Effective Date NPRM NPRM Comment Period End FR Cite 09/09/08 73 FR 52173 11/10/08 10/28/08 73 FR 63867 01/09/09 01/02/09 74 FR 1 07/00/10 09/00/10 Peter Merrill, Senior Staff Veterinarian, National Center for Import and Export, VS, Department of Agriculture, Animal and Plant Health Inspection Service, 12:18 Apr 23, 2010 4700 River Road, Unit 39, Riverdale, MD 20737–1231 Phone: 301 734–8364 RIN: 0579–AC74 15. IMPORTATION OF LEMONS FROM NORTHWEST ARGENTINA Legal Authority: 7 USC 450; 7 USC 7701 to 7772; 7 USC 7781 to 7786; 21 USC 136 and 136a Abstract: This rulemaking would amend the fruits and vegetables regulations to allow the importation of lemons from northwest Argentina into the continental United States. Lemons from northwest Argentina would be required to be imported in commercial consignments, produced and packed under specified conditions, treated with a surface disinfectant and inspected for quarantine pests before shipping, and accompanied by a phytosanitary certificate. This action would allow for the importation of lemons from northwest Argentina into the United States while continuing to provide protection against the introduction of quarantine pests. Timetable: Action Date NPRM NPRM Comment Period End FR Cite 08/00/10 10/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Meredith Jones, Regulatory Coordination Specialist, Regulatory Coordination and Compliance, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 133, Riverdale, MD 20737–1231 Phone: 301 734–7467 RIN: 0579–AC79 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 VerDate Nov<24>2008 21737 Jkt 220001 16. 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 PO 00000 Frm 00009 Fmt 1254 Sfmt 1254 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 06/00/10 08/00/10 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 Phone: 301 734–6954 RIN: 0579–AC92 17. 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; 7 USC 8301 to 8817; 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 the movement of not only plant pests, but also biological control organisms and associated articles. We are proposing risk-based criteria regarding the movement of biological control organisms, and are proposing to exempt certain types of plant pests from permitting requirements for their interstate movement and movement for environmental release. We are also proposing to revise our regulations regarding the movement of soil, and to establish regulations governing the biocontainment facilities in which plant pests, biological control organisms, and associated articles are held. This proposed rule replaces a E:\FR\FM\26APP3.SGM 26APP3 21738 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda USDA—APHIS Proposed Rule Stage previously published proposed rule, which we are withdrawing as part of this document. This proposal would clarify the factors that would be considered when assessing the risks associated with the movement of certain organisms, facilitate the movement of regulated organisms and articles in a manner that also protects U.S. agriculture, and address gaps in the current regulations. Timetable: Action Date Notice of Intent to Prepare an Environmental Impact Statement Notice Comment Period End NPRM NPRM Comment Period End FR Cite 10/20/09 74 FR 53673 11/19/09 04/00/10 06/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Shirley Wager–Page, Chief, Pest Permitting Branch, Plant Health Programs, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 131, Riverdale, MD 20737–1236 Phone: 301 734–8453 RIN: 0579–AC98 18. ∑ BOVINE SPONGIFORM ENCEPHALOPATHY AND SCRAPIE; IMPORTATION OF SMALL RUMINANTS AND THEIR GERMPLASM, PRODUCTS, AND BYPRODUCTS 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 Abstract: This rulemaking would amend the bovine spongiform encephalopathy (BSE) and scrapie regulations regarding the importation of live sheep, goats, and wild ruminants and their embryos, semen, products, and byproducts. Some countries from which such imports would be allowed under this rule are currently those from which the importation of live sheep, goats, wild ruminants, their embryos, and ruminant products and byproducts are prohibited under existing BSE regulations. Some products would be allowed importation without restriction due to the inherent lack of BSE risk regarding the product. Certain other products and live animals would be allowed importation if it can be certified that the live animals or the animals from which the products were derived were born after implementation of an effective feed ban. The proposed scrapie revisions regarding the importation of sheep, goats, and susceptible wild ruminants for other than immediate slaughter are similar to those recommended by the World Organization for Animal Health in restricting the importation of such animals to those from scrapie-free regions or certified scrapie-free flocks. Timetable: Action Date NPRM NPRM Comment Period End erowe on DSK5CLS3C1PROD with PROPOSALS Legal Authority: 7 USC 450; 7 USC 7701 to 7772; 7 USC 7781 to 7786; 21 USC 136 and 136a Abstract: This action would establish a new category in the regulations governing the importation of nursery stock, also known as plants for planting. This category would list taxa of plants for planting whose importation is not authorized pending risk assessment. We would allow foreign governments to request that a pest risk assessment be conducted for a taxon whose importation is not authorized pending risk evaluation. After the pest risk assessment was completed, we would conduct Agency Contact: Betzaida Lopez, Staff Veterinarian, Technical Trade Services, 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: 301 734–5677 RIN: 0579–AD10 VerDate Nov<24>2008 12:18 Apr 23, 2010 Jkt 220001 Final Rule Stage rulemaking to remove the taxon from the proposed category if determined appropriate by the risk assessment. We are also proposing to expand the scope of the plants regulated in the plants for planting regulations to include nonvascular plants. These changes would allow us to react more quickly to evidence that a taxon of plants for planting may pose a pest risk while ensuring that our actions are based on scientific evidence. Timetable: Action Date NPRM NPRM Comment Period End Final Rule FR Cite 07/23/09 74 FR 36403 10/21/09 07/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Arnold T. Tschanz, Senior Risk Manager, Commodity Import Analysis and Operations, PPQ, Department of Agriculture, Animal and PO 00000 Frm 00010 Fmt 1254 10/00/10 12/00/10 Regulatory Flexibility Analysis Required: Yes Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) 19. 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) FR Cite Sfmt 1254 Plant Health Inspection Service, 4700 River Road, Unit 133, Riverdale, MD 20737–1231 Phone: 301 734–5306 RIN: 0579–AC03 20. CITRUS CANKER; COMPENSATION FOR CERTIFIED CITRUS NURSERY STOCK Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786 Abstract: This action follows a rulemaking that established 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. E:\FR\FM\26APP3.SGM 26APP3 21739 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda USDA—APHIS Final Rule Stage Timetable: Action Date Interim Final Rule Interim Final Rule Effective Interim Final Rule Comment Period End Final Action FR Cite 06/08/06 71 FR 33168 06/08/06 08/07/06 04/00/10 RIN: 0579–AC07 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 21. CITRUS CANKER; QUARANTINE OF THE STATE OF FLORIDA Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786 Abstract: This action follows an interim rule that 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: erowe on DSK5CLS3C1PROD with PROPOSALS Action Date Interim Final Rule Interim Final Rule Effective Interim Final Rule Comment Period End Technical Amendment Final Action FR Cite 08/01/06 71 FR 43345 08/01/06 10/02/06 01/12/07 72 FR 1415 09/00/10 Regulatory Flexibility Analysis Required: Yes VerDate Nov<24>2008 12:18 Apr 23, 2010 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 Jkt 220001 22. IMPORTATION OF POULTRY AND POULTRY PRODUCTS FROM REGIONS AFFECTED WITH HIGHLY PATHOGENIC AVIAN INFLUENZA Legal Authority: 7 USC 1622; 7 USC 8301 to 8317; 21 USC 136 and 136a Abstract: This rulemaking will amend the regulations concerning the importation of animals and animal products to prohibit or restrict the importation of birds, poultry, and bird and poultry products from regions that have reported the presence in commercial birds or poultry of highly pathogenic avian influenza other than subtype H5N1. This action will supplement existing prohibitions and restrictions on articles from regions that have reported the presence of exotic Newcastle disease or highly pathogenic avian influenza subtype H5N1. The new restrictions will be almost identical to those imposed on articles from regions with exotic Newcastle disease. Timetable: Action Date Interim Final Rule Interim Final Rule Comment Period End FR Cite 04/00/10 06/00/10 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 PO 00000 Frm 00011 Fmt 1254 23. 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 States of Florida and Georgia, Puerto Rico, two parishes in Louisiana, and two counties in South Carolina as quarantined areas for citrus greening and Alabama, Florida, Guam, Hawaii, Puerto Rico, Louisiana, Mississippi, Texas, three counties in South Carolina, portions of one county in Arizona, and all of three and portions of an additional three counties in California as quarantined areas for Asian citrus psyllid, a vector of a bacterium that causes citrus greening. It also establishes restrictions on the interstate movement of regulated articles from the quarantined areas, as well as treatments under which Asian Citrus psyllid host material may be moved interstate from a quarantined area. These actions follow the discovery of citrus greening and/or Asian citrus psyllid in the quarantined areas, and are necessary in order to prevent the spread of the disease and its vector to noninfested areas of the United States. Timetable: Action Date Availability of an Environmental Assessment Environmental Assessment Comment Period End Interim Final Rule Interim Final Rule Comment Period End 11/09/09 04/00/10 06/00/10 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 Phone: 919 855–7313 RIN: 0579–AC85 Sfmt 1254 FR Cite 09/09/09 74 FR 46409 E:\FR\FM\26APP3.SGM 26APP3 21740 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) 24. 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 erowe on DSK5CLS3C1PROD with PROPOSALS Regulatory Flexibility Analysis Required: Yes Agency Contact: Evelia Sosa Phone: 301 734–8295 RIN: 0579–AB18 25. 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 VerDate Nov<24>2008 12:18 Apr 23, 2010 Jkt 220001 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: Prakash Hebbar Phone: 301 734–5717 RIN: 0579–AB82 26. BOLL WEEVIL; QUARANTINE AND REGULATIONS 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 Agency Contact: William Grefenstette Phone: 301 734–8676 RIN: 0579–AB91 27. MINIMUM AGE REQUIREMENTS FOR THE TRANSPORT OF ANIMALS Legal Authority: 7 USC 2131 to 2159 PO 00000 Frm 00012 Fmt 1254 Sfmt 1254 Abstract: This rulemaking would amend the Animal Welfare Act regulations by adding minimum age and weaning requirements for the transport in commerce of animals. The regulations currently contain such requirements for dogs and cats, but no corresponding ones for other regulated animals, despite the risks associated with the early transport of these species. The rule would also provide an exemption to allow animals to be transported without their mothers for medical treatment and for scientific research before reaching the minimum age and weaning requirement, provided certain conditions are met. Establishing minimum age requirements for the transport of animals and providing for the transport of animals that have not met the minimum age requirements are necessary to help ensure the humane treatment of these animals. Timetable: Action Date 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 28. 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 E:\FR\FM\26APP3.SGM 26APP3 21741 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda USDA—APHIS Long-Term Actions 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 Action erowe on DSK5CLS3C1PROD with PROPOSALS Regulatory Flexibility Analysis Required: Yes Agency Contact: John Turner Phone: 301 734–5720 RIN: 0579–AC31 29. 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 VerDate Nov<24>2008 12:18 Apr 23, 2010 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: Jkt 220001 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 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 FR Cite 10/23/08 73 FR 63085 12/22/08 12/19/08 73 FR 77554 02/20/09 To Be Determined Regulatory Flexibility Analysis Required: Yes Agency Contact: Jeanie Lin Phone: 301 734–7833 RIN: 0579–AC69 31. LIGHT BROWN APPLE MOTH QUARANTINE Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786 Abstract: We are quarantining 16 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: Regulatory Flexibility Analysis Required: Yes Agency Contact: Gerald Rushin Phone: 301 734–0954 RIN: 0579–AC41 Action Date Interim Final Rule To Be Determined 30. 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 RIN: 0579–AC71 PO 00000 Frm 00013 Fmt 1254 Sfmt 1254 FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Andrea Simao Phone: 301 734–0930 32. SIREX WOODWASP; QUARANTINE AND REGULATIONS Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786; 21 USC 136 and 136a Abstract: This rulemaking will quarantine counties in Michigan, New Jersey, New York, Ohio, Pennsylvania, and Vermont because of the Sirex woodwasp and establish restrictions on the interstate movement of regulated articles from these quarantined areas. E:\FR\FM\26APP3.SGM 26APP3 21742 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda USDA—APHIS Long-Term Actions This action is necessary on an emergency basis to prevent the artificial spread of this plant pest to noninfested areas of the United States. Timetable: Action Date FR Cite Interim Final Rule To Be Determined Regulatory Flexibility Analysis Required: Yes Agency Contact: Lynn Evans–Goldner Phone: 301 734–7228 RIN: 0579–AC86 Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) with tuberculosis are not imported into the United States. Timetable: 33. FOOT–AND–MOUTH DISEASE; PAYMENT OF INDEMNITY Legal Authority: 7 USC 8301 to 8317 Abstract: This rule would amend the regulations for the cooperative control and eradication of foot-and-mouth disease (FMD) and other serious diseases, including both cooperative programs and extraordinary emergencies. The purpose of this rule is to remove possible sources of delay in eradicating foot-and-mouth disease, 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. Completed: Reason Date FR Cite Withdrawn: No Action 02/02/10 Anticipated Within the Next 12 Months Regulatory Flexibility Analysis Required: Yes Agency Contact: Mark Teachman Phone: 301 734–8073 RIN: 0579–AB34 34. TUBERCULOSIS IN CATTLE; IMPORT REQUIREMENTS (COMPLETION OF A SECTION 610 REVIEW) erowe on DSK5CLS3C1PROD with PROPOSALS Legal Authority: 7 USC 1622; 7 USC 8301 to 8317; 21 USC 136 and 136a; 31 USC 9701 Abstract: This rulemaking would amend the regulations regarding the importation of animals into the United States to establish several levels of risk classifications to be applied to foreign regions with regard to tuberculosis and to establish requirements governing the importation of cattle and captive bison based on each risk classification. These changes are necessary to help ensure that cattle and captive bison infected VerDate Nov<24>2008 12:18 Apr 23, 2010 Jkt 220001 Completed Actions Action Date Withdrawn: APHIS Will Address This Issue as Part of a Broader Approach FR Cite 02/02/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Kelly Rhodes, Senior Staff Veterinarian, Regionalization and Evaluation Services, ISTIT, 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–AB44 35. 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. PO 00000 Frm 00014 Fmt 1254 Sfmt 1254 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. Completed: Reason Withdrawn: Superseded by the BSE Comprehensive Rule and Will Be Addressed Under RIN 0579–AC68 Date FR Cite 02/02/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Karen A. James–Preston Phone: 301 734–8172 RIN: 0579–AB97 36. NATIONAL VETERINARY ACCREDITATION PROGRAM (COMPLETION OF A SECTION 610 REVIEW) Legal Authority: 7 USC 1622; 7 USC 8301 to 8317; 15 USC 1828; 21 USC 136a Abstract: This rulemaking amends the regulations regarding the National Veterinary Accreditation Program to establish two accreditation categories in place of the former single category, to add requirements for supplemental training and renewal of accreditation, and to offer program certifications. We are making these changes in order to support the Agency’s animal health safeguarding initiatives, to involve accredited veterinarians in integrated E:\FR\FM\26APP3.SGM 26APP3 21743 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda USDA—APHIS Completed Actions surveillance activities, and to make the provisions governing our National Veterinary Accreditation Program more uniform and consistent. These changes will increase the level of training and skill of accredited veterinarians in the areas of disease prevention and preparedness for animal health emergencies in the United States. Timetable: Action Date NPRM NPRM Comment Period End Supplemental NPRM Supplemental NPRM Comment Period End Final Rule Final Rule Effective FR Cite 06/01/06 71 FR 31109 07/31/06 02/27/07 72 FR 8634 04/30/07 12/09/09 74 FR 64998 02/01/10 erowe on DSK5CLS3C1PROD with PROPOSALS Regulatory Flexibility Analysis Required: No Agency Contact: Todd Behre, National Veterinary Accreditation Program, VS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 200, Riverdale, MD 20737 Phone: 301 734–0853 RIN: 0579–AC04 37. 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 adopts as a final rule, with changes, an interim rule that 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 are 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 VerDate Nov<24>2008 12:18 Apr 23, 2010 Jkt 220001 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 all commercial conveyances, with certain exceptions, and international air passengers entering the United States from Canada. Completed: Reason Date Final Action FR Cite 03/09/10 75 FR 10634 Regulatory Flexibility Analysis Required: Yes Agency Contact: Cynthia Stahl Phone: 301 734–8415 RIN: 0579–AC06 38. 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. Completed: Reason Date Withdrawn: APHIS Will Address This Issue as Part of a Broader Approach FR Cite Frm 00015 Fmt 1254 Sfmt 1254 RIN: 0579–AC50 39. 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. Completed: Reason Date FR Cite Withdrawn: No Action 02/02/10 Anticipated Within the Next 12 Months Regulatory Flexibility Analysis Required: Yes Agency Contact: Betzaida Lopez Phone: 301 734–5677 RIN: 0579–AC63 40. 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 02/02/10 Regulatory Flexibility Analysis Required: Yes PO 00000 Agency Contact: Francisco Collazo–Mattei Phone: 301 734–6954 Abstract: We are proposing two changes related to our proposed rule E:\FR\FM\26APP3.SGM 26APP3 21744 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda USDA—APHIS Completed Actions 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. Completed: Reason Date Regulatory Flexibility Analysis Required: Yes Agency Contact: Charisse Cleare Phone: 301 734–0773 RIN: 0579–AC82 BILLING CODE 3410—34—S Department of Agriculture (USDA) Rural Housing Service (RHS) Final Rule Stage provide more guidance on program oversight and monitoring. Timetable: 41. GUARANTEED SINGLE–FAMILY HOUSING Legal Authority: 5 USC 301; 7 USC 1989; 42 USC 1480 Action Abstract: The Guaranteed SingleFamily Housing program will provide better clarity and consistency within the program. The action is taken to update the regulations to current mortgage industry standards and Date NPRM NPRM Comment Period End Final Action Final Action Effective FR Cite 12/15/99 64 FR 70124 02/14/00 11/00/10 12/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Joaquin Tremols, Acting Director, Single–Family Housing Guaranteed Loan Division, Department of Agriculture, Rural Housing Service, 1400 Independence Avenue SW, STOP 0784, 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 Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) erowe on DSK5CLS3C1PROD with PROPOSALS 42. MANDATORY INSPECTION OF CATFISH AND CATFISH PRODUCTS Legal Authority: 21 USC 601 et seq; PL 110–249, sec 11016 Abstract: The Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246, sec. 11016), known as the 2008 Farm Bill, amended the Federal Meat Inspection Act (FMIA) to make catfish an amenable species under the FMIA. Amenable species must be inspected, so this rule will define inspection requirements for catfish. The VerDate Nov<24>2008 12:18 Apr 23, 2010 Jkt 220001 FR Cite Withdrawn: Program 02/02/10 Will Repropose With New Supporting Documents and a Different Approach Proposed Rule Stage regulations will define ‘‘catfish’’ and the scope of coverage of the regulations to apply to establishments that process farm-raised species of catfish and to catfish and catfish products. The regulations will take into account the conditions under which the catfish are raised and transported to a processing establishment. Timetable: Action Date NPRM 04/00/10 PO 00000 Frm 00016 Fmt 1254 Sfmt 1254 FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Quita Bowman Blackwell, Acting Assistant Administrator, Office of Catfish Inspection Program, Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250 Phone: 202 720–5735 Fax: 202 690–1742 RIN: 0583–AD36 E:\FR\FM\26APP3.SGM 26APP3 21745 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) 43. PERFORMANCE STANDARDS FOR THE PRODUCTION OF PROCESSED MEAT AND POULTRY PRODUCTS; CONTROL OF LISTERIA MONOCYTOGENES IN READY–TO–EAT MEAT AND POULTRY PRODUCTS Legal Authority: 21 USC 451 et seq; 21 USC 601 et seq Abstract: FSIS has proposed to establish pathogen reduction performance standards for all ready-toeat (RTE) and partially heat-treated meat and poultry products, and measures, including testing, to control Listeria monocytogenes in RTE products. The performance standards spell out the objective level of pathogen reduction that establishments must meet during their operations in order to produce safe products, but allow the use of customized, plant-specific processing procedures other than those prescribed in the earlier regulations. With HACCP, food safety performance standards give establishments the incentive and flexibility to adopt innovative, science-based food safety processing procedures and controls, while providing objective, measurable standards that can be verified by Agency inspectional oversight. This set of performance standards will include and be consistent with standards already in place for certain ready-to-eat meat and poultry products. Timetable: Action Date NPRM NPRM Comment Period End NPRM Comment Period Extended NPRM Comment Period End FR Cite 02/27/01 66 FR 12590 05/29/01 07/03/01 66 FR 35112 09/10/01 Final Rule Stage Action Date Interim Final Rule Interim Final Rule Effective Interim Final Rule Comment Period End NPRM Comment Period Reopened NPRM Comment Period End Affirmation of Interim Final Rule Final Action FR Cite 06/06/03 68 FR 34208 10/06/03 01/31/05 03/24/05 70 FR 15017 05/09/05 03/00/11 03/00/11 Regulatory Flexibility Analysis Required: Yes Agency Contact: Dr. Daniel L. Engeljohn, Deputy Assistant Administrator, Office of Policy and Program Development, Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250 Phone: 202 205–0495 Fax: 202 401–1760 Email: daniel.engeljohn@fsis.usda.gov RIN: 0583–AC46 44. FEDERAL–STATE INTERSTATE SHIPMENT COOPERATIVE INSPECTION PROGRAM Legal Authority: PL 110–246, sec 11015 Abstract: FSIS is proposing regulations to implement a new voluntary FederalState cooperative inspection program under which State-inspected establishments with 25 or fewer employees would be eligible to ship meat and poultry products in interstate commerce. State-inspected establishments selected to participate in this program would be required to comply with all Federal standards under the Federal Meat Inspection Act (FMIA) and the Poultry Products Inspection Act (PPIA). These establishments would receive inspection services from State inspection personnel that have been trained and certified to assist with enforcement of the FMIA and PPIA. Meat and poultry products produced under the program that have been inspected and passed by selected Stateinspection personnel would bear a Federal mark of inspection. FSIS is proposing these regulations in response to the Food, Conservation, and Energy Act, enacted on June 18, 2008 (the 2008 Farm Bill). Section 11015 of 2008 Farm Bill provides for the interstate shipment of State-inspected meat and poultry product from selected establishments and requires that FSIS promulgate implementing regulations no later than 18 months from the date of its enactment. Timetable: Action Date NPRM NPRM Comment Period End Final Action erowe on DSK5CLS3C1PROD with PROPOSALS VerDate Nov<24>2008 12:18 Apr 23, 2010 Jkt 220001 09/16/09 74 FR 47648 11/16/09 09/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Rachel Edelstein, Director, Policy Issuances Division, Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250 Phone: 202 720–0399 Fax: 202 690–0486 Email: rachel.edelstein@fsis.usda.gov RIN: 0583–AD37 BILLING CODE 3410—DM—S Department of Agriculture (USDA) Forest Service (FS) 45. 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 FR Cite Proposed Rule Stage 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 PO 00000 Frm 00017 Fmt 1254 Sfmt 1254 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 E:\FR\FM\26APP3.SGM 26APP3 21746 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda USDA—FS Proposed Rule Stage 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 Second NPRM FR Cite 07/25/08 73 FR 43544 10/23/08 06/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Lorrie Parker, Regulatory Analyst, Department of Agriculture, Forest Service, ATTN: ORMS, D&R Branch, 1400 Independence Avenue SW, Washington, DC 20250–0003 Phone: 202 205–6560 Fax: 202 205–6539 Email: lsparker@fs.fed.us RIN: 0596–AC74 BILLING CODE 3410—11—S Department of Agriculture (USDA) Office of the Secretary (AgSEC) 46. DESIGNATION OF BIOBASED ITEMS FOR FEDERAL PROCUREMENT, ROUND 7 Legal Authority: PL 110–246 Abstract: Designates bath products; concrete and asphalt cleaners, including microbial and non-microbial concrete and asphalt cleaners as subcategories; corrosion removers; dishwashing detergents; floor cleaners and protectors; hair cleaning products, including shampoos and conditioners as subcategories; microbial cleaners; oven and grill cleaners; slide way lubricants; and thermal shipping containers, including durable and nondurable thermal shipping containers as subcategories. Timetable: Action Date NPRM FR Cite 08/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Ron Buckhalt, Manager, BioPreferred Program, Office of Procurement and Policy Management, Department of Agriculture, 361 Reporters Building, 300 7th Street SW, Washington, DC 20250 Proposed Rule Stage Phone: 202 205–4008 Fax: 202 720–8972 Email: ronb.buckhalt@da.usda.gov RIN: 0503–AA36 47. ∑ DESIGNATION OF BIOBASED ITEMS FOR FEDERAL PROCUREMENT, ROUND 8 Legal Authority: PL 110–246 48. ∑ REVISED PROGRAM GUIDELINES Legal Authority: PL 110–246 Abstract: The 2008 Farm Bill requires USDA to address how the BioPreferred Program will designate complex products and intermediate materials and feed stocks and make other changes to update program guidelines. Abstract: Designates an additional 15 groups of biobased products for preferred procurement. Timetable: Action Date Timetable: NPRM 12/00/10 Action Date NPRM FR Cite 11/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Ron Buckhalt, Manager, BioPreferred Program, Office of Procurement and Policy Management, Department of Agriculture, 361 Reporters Building, 300 7th Street SW, Washington, DC 20250 Phone: 202 205–4008 Fax: 202 720–8972 Email: ronb.buckhalt@da.usda.gov Regulatory Flexibility Analysis Required: Yes Agency Contact: Ron Buckhalt, Manager, BioPreferred Program, Office of Procurement and Policy Management, Department of Agriculture, 361 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–AA40 RIN: 0503–AA39 erowe on DSK5CLS3C1PROD with PROPOSALS Department of Agriculture (USDA) Office of the Secretary (AgSEC) 49. VOLUNTARY LABELING PROGRAM FOR DESIGNATED BIOBASED PRODUCTS Legal Authority: PL 110–246 Abstract: The purpose of the program is to provide a ‘‘USDA Certified Biobased Product’’ label for use on biobased products meeting certain VerDate Nov<24>2008 12:18 Apr 23, 2010 Jkt 220001 FR Cite Final Rule Stage 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. PO 00000 Frm 00018 Fmt 1254 Sfmt 1254 Timetable: Action Date NPRM NPRM Comment Period End Final Action E:\FR\FM\26APP3.SGM 26APP3 FR Cite 07/31/09 74 FR 38296 09/29/09 09/00/10 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda USDA—AgSEC Final Rule Stage Regulatory Flexibility Analysis Required: Yes erowe on DSK5CLS3C1PROD with PROPOSALS Agency Contact: Ron Buckhalt, Manager, BioPreferred Program, Office of Procurement and Policy VerDate Nov<24>2008 14:39 Apr 23, 2010 21747 Jkt 220001 Management, Department of Agriculture, 361 Reporters Building, 300 7th Street SW, Washington, DC 20250 Phone: 202 205–4008 Fax: 202 720–8972 PO 00000 Frm 00019 Fmt 1254 Sfmt 1254 Email: ronb.buckhalt@da.usda.gov RIN: 0503–AA35 [FR Doc. 2010–8928 Filed 04–23–10; 8:45 am] BILLING CODE 3410–90–S E:\FR\FM\26APP3.SGM 26APP3

Agencies

DEPARTMENT OF AGRICULTURE

[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Unknown Section]
[Pages 21729-21747]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8928]


[[Page 21729]]

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Part III





Department of Agriculture





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



###Semiannual Regulatory Agenda###

[[Page 21730]]

DEPARTMENT OF AGRICULTURE (USDA)

_______________________________________________________________________

DEPARTMENT OF AGRICULTURE

Office of the Secretary

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

9 CFR Chs. I-IV

36 CFR Ch. II

41 CFR Ch. 4

Semiannual Regulatory Agenda, Spring 2010

AGENCY: Office of the Secretary, USDA.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

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

    USDA has attempted to list all regulations and regulatory 
reviews pending at the time of publication, except for minor and 
routine or repetitive actions, but some may have been inadvertently 
missed. There is no legal significance to the omission of an item 
from this listing. Also, the dates shown for the steps of each 
action are estimated and are not commitments to act on or by the 
date shown.

    USDA's complete regulatory agenda is available online at 
www.reginfo.gov. Because publication in the Federal Register is 
mandated for the regulatory flexibility agendas required by the 
Regulatory Flexibility Act (5 U.S.C. 602), USDA's printed agenda 
entries include only:

    (1) Rules that are likely to have a significant economic impact 
on a substantial number of small entities; and

    (2) Rules identified for periodic review under section 610 of 
the Regulatory Flexibility Act.

FOR FURTHER INFORMATION CONTACT: For further information on any 
specific entry shown in this agenda, please contact the person listed 
for that action. For general comments or inquiries about the agenda, 
please contact Michael Poe, Office of Budget and Program Analysis, U.S. 
Department of Agriculture, Washington, DC 20250, (202) 720-3275.

Dated: March 9, 2010.

 Michael Poe,

Chief, Legislative and Regulatory Staff.

                               Agricultural Marketing Service--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1           National Organic Program: Dairy Replacement Animals (Livestock).......................    0581-AC69
2           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
----------------------------------------------------------------------------------------------------------------
3           National Dairy Promotion and Research Program; Dairy Import Assessments...............    0581-AC87
4           National Organic Program: Amendments to the National List (Crops, Livestock, and          0581-AC91
            Processing) TM-08-06..................................................................
----------------------------------------------------------------------------------------------------------------


                                Agricultural Marketing Service--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
5           National Organic Program: Access to Pasture, TM-05-14.................................    0581-AC57
----------------------------------------------------------------------------------------------------------------


                                    Farm Service Agency--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
6           Emergency Forest Restoration Program..................................................    0560-AH89
7           Biomass Crop Assistance Program.......................................................    0560-AH92
8           Farm Loan Programs Loan Making Activities.............................................    0560-AI03
9           Conservation Loan Guarantee Program...................................................    0560-AI04
----------------------------------------------------------------------------------------------------------------


[[Page 21731]]


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


                         Animal and Plant Health Inspection Service--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
11          Animal Welfare: Marine Mammals; Nonconsensus Language and Interactive Programs            0579-AB24
            (Rulemaking Resulting From a Section 610 Review)......................................
12          Animal Welfare; Regulations and Standards for Birds...................................    0579-AC02
13          Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine Products..........    0579-AC68
14          Viral Hemorrhagic Septicemia; Interstate Movement and Import Restrictions on Certain      0579-AC74
            Live Fish.............................................................................
15          Importation of Lemons From Northwest Argentina........................................    0579-AC79
16          Scrapie in Sheep and Goats............................................................    0579-AC92
17          Plant Pest Regulations; Update of General Provisions..................................    0579-AC98
18          Bovine Spongiform Encephalopathy and Scrapie; Importation of Small Ruminants and Their    0579-AD10
            Germplasm, Products, and Byproducts...................................................
----------------------------------------------------------------------------------------------------------------


                          Animal and Plant Health Inspection Service--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
19          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)...................................................................
20          Citrus Canker; Compensation for Certified Citrus Nursery Stock........................    0579-AC05
21          Citrus Canker; Quarantine of the State of Florida.....................................    0579-AC07
22          Importation of Poultry and Poultry Products From Regions Affected With Highly             0579-AC36
            Pathogenic Avian Influenza............................................................
23          Citrus Greening and Asian Citrus Psyllid; Quarantine and Interstate Movement              0579-AC85
            Regulations...........................................................................
----------------------------------------------------------------------------------------------------------------


                          Animal and Plant Health Inspection Service--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
24          Phytosanitary Certificates for Imported Fruits and Vegetables.........................    0579-AB18
25          Phytophthora Ramorum; Quarantine and Regulations......................................    0579-AB82
26          Boll Weevil; Quarantine and Regulations...............................................    0579-AB91
27          Minimum Age Requirements for the Transport of Animals.................................    0579-AC14
28          Introduction of Organisms and Products Altered or Produced Through Genetic Engineering    0579-AC31
29          Animal Welfare; Climatic and Environmental Conditions for Transportation of Warm-         0579-AC41
            Blooded Animals Other Than Marine Mammals.............................................
30          Handling of Animals; Contingency Plans................................................    0579-AC69
31          Light Brown Apple Moth Quarantine.....................................................    0579-AC71
32          Sirex Woodwasp; Quarantine and Regulations............................................    0579-AC86
----------------------------------------------------------------------------------------------------------------


                          Animal and Plant Health Inspection Service--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
33          Foot-and-Mouth Disease; Payment of Indemnity..........................................    0579-AB34
34          Tuberculosis in Cattle; Import Requirements (Completion of a Section 610 Review)......    0579-AB44
35          Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities;    0579-AB97
            Unsealing of Means of Conveyance and Transloading of Products.........................

[[Page 21732]]

 
36          National Veterinary Accreditation Program (Completion of a Section 610 Review)........    0579-AC04
37          Agricultural Inspection and AQI User Fees Along the U.S./Canada Border................    0579-AC06
38          Tuberculosis in Cattle; Import Requirements for Roping Steers.........................    0579-AC50
39          Importation of Cattle From Mexico; Addition of Port at San Luis, Arizona..............    0579-AC63
40          Importation of Grapes From Chile Under a Systems Approach.............................    0579-AC82
----------------------------------------------------------------------------------------------------------------


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


                             Food Safety and Inspection Service--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
42          Mandatory Inspection of Catfish and Catfish Products..................................    0583-AD36
----------------------------------------------------------------------------------------------------------------


                              Food Safety and Inspection Service--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
43          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...........
44          Federal-State Interstate Shipment Cooperative Inspection Program......................    0583-AD37
----------------------------------------------------------------------------------------------------------------


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


                                  Office of the Secretary--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
46          Designation of Biobased Items for Federal Procurement, Round 7........................    0503-AA36
47          Designation of Biobased Items for Federal Procurement, Round 8........................    0503-AA39
48          Revised Program Guidelines............................................................    0503-AA40
----------------------------------------------------------------------------------------------------------------


                                    Office of the Secretary--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
49          Voluntary Labeling Program for Designated Biobased Products...........................    0503-AA35
----------------------------------------------------------------------------------------------------------------

BILLING CODE 3410-90-S

[[Page 21733]]

_______________________________________________________________________
Department of Agriculture (USDA)                    Proposed Rule Stage
Agricultural Marketing Service (AMS)
_______________________________________________________________________

1. 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                            08/00/10
Final Action                    03/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Shannon H. Nally, Acting Director, Standards Division, 
NOP, Department of Agriculture, Agricultural Marketing Service, Room 
2646-South Building, 14th & Independence Avenue SW, Washington, DC 
20250
Phone: 202 720-3252
Email: shannon.nally@usda.gov

RIN: 0581-AC69
_______________________________________________________________________

2. 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: Shannon H. Nally, Acting Director, Standards Division, 
NOP, Department of Agriculture, Agricultural Marketing Service, Room 
2646-South Building, 14th & Independence Avenue SW, Washington, DC 
20250
Phone: 202 720-3252
Email: shannon.nally@usda.gov

RIN: 0581-AC77
_______________________________________________________________________
Department of Agriculture (USDA)                       Final Rule Stage
Agricultural Marketing Service (AMS)
_______________________________________________________________________

3. NATIONAL DAIRY PROMOTION AND RESEARCH PROGRAM; DAIRY IMPORT 
ASSESSMENTS

Legal Authority: 7 USC 4501 to 4514; 7 USC 7401

Abstract: The Dairy Act authorizes the Order for dairy product 
promotion, research, and nutrition education as part of a comprehensive 
strategy to increase human consumption of milk and dairy products and 
to reduce milk surpluses. The program functions to strengthen the dairy 
industry's position in the marketplace by maintaining and expanding 
domestic and foreign consumption of fluid milk and dairy products. 
Amendments to the Order are pursuant to the 2002 and 2008 Farm Bills. 
The 2002 Farm Bill mandates that the Order be amended to implement an 
assessment on imported dairy products to fund promotion and research. 
The 2008 Farm Bill specifies a mandatory assessment rate of 7.5-cent 
per hundredweight of milk, or equivalent thereof, on dairy products 
imported into the United States. Additionally, in accordance with the 
2008 Farm Bill, the term ``United States'' is the Dairy Act is amended 
to mean all States, the District of Columbia, and the Commonwealth of 
Puerto Rico. Producers in these areas will be assessed 15 cents per 
hundredweight for all milk produced and marketed.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/19/09                    74 FR 23359
NPRM Comment Period End         06/18/09
Final Action                    10/00/10

Regulatory Flexibility Analysis Required: Yes

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

RIN: 0581-AC87
_______________________________________________________________________

4. 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                    06/00/10

[[Page 21734]]

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Shannon H. Nally, Acting Director, Standards Division, 
NOP, Department of Agriculture, Agricultural Marketing Service, Room 
2646-South Building, 14th & Independence Avenue SW, Washington, DC 
20250
Phone: 202 720-3252
Email: shannon.nally@usda.gov

RIN: 0581-AC91
_______________________________________________________________________
Department of Agriculture (USDA)                      Completed Actions
Agricultural Marketing Service (AMS)
_______________________________________________________________________

5. NATIONAL ORGANIC PROGRAM: ACCESS TO PASTURE, TM-05-14

Legal Authority: 7 USC 6501 et seq

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

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Action: Comments Requested02/17/10                     75 FR 7154
Comments Due                    04/19/10                     75 FR 7154

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Shannon H. Nally
Phone: 202 720-3252
Email: shannon.nally@usda.gov

RIN: 0581-AC57
BILLING CODE 3410--02--S
_______________________________________________________________________
Department of Agriculture (USDA)                    Proposed Rule Stage
Farm Service Agency (FSA)
_______________________________________________________________________

6. 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
_______________________________________________________________________

7. 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 and 
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                            02/08/10                     75 FR 6264
NPRM Comment Period End         04/09/10
Final Rule                      09/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Deirdre Holder, Director, Regulatory Review Group, 
Department of Agriculture, Farm

[[Page 21735]]

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
_______________________________________________________________________

8. 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                            04/00/10
NPRM Comment Period End         06/00/10
Final Rule                      09/00/10

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
_______________________________________________________________________

9. CONSERVATION LOAN GUARANTEE PROGRAM

Legal Authority: PL 110-246

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/10
NPRM Comment Period End         06/00/10
Final Rule                      09/00/10

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-AI04
_______________________________________________________________________
Department of Agriculture (USDA)                       Final Rule Stage
Farm Service Agency (FSA)
_______________________________________________________________________

10. 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.

[[Page 21736]]

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                      09/00/10

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)
_______________________________________________________________________

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

Legal Authority: 7 USC 2131 to 2159

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/30/02                    67 FR 37731
ANPRM Comment Period End        07/29/02
NPRM                            06/00/10
NPRM Comment Period End         08/00/10

Regulatory Flexibility Analysis Required: Yes

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

RIN: 0579-AB24
_______________________________________________________________________

12. ANIMAL WELFARE; REGULATIONS AND STANDARDS FOR BIRDS

Legal Authority: 7 USC 2131 to 2159

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/10
NPRM Comment Period End         11/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Gerald Rushin, Veterinary Medical Officer, Animal Care, 
Department of Agriculture, Animal and Plant Health Inspection Service, 
4700 River Road, Unit 84, Riverdale, MD 20737-1234
Phone: 301 734-0954

RIN: 0579-AC02
_______________________________________________________________________

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/10
NPRM Comment Period End         10/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Christopher Robinson, Senior Staff Veterinarian, 
Technical Trade Services, National Center for Import and Export, VS, 
Department of Agriculture, Animal and Plant Health Inspection Service, 
4700 River Road, Unit 40, Riverdale, MD 20737-1231
Phone: 301 734-7837

RIN: 0579-AC68

[[Page 21737]]

_______________________________________________________________________

14. 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: We are establishing 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. Viral hemorrhagic 
septicemia has been detected in freshwater fish in several of the Great 
Lakes and related tributaries. The disease has been responsible for 
several large-scale die-offs 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. This proposed rule replaces a previously published but not 
effective interim rule that contained substantially different 
restrictions on the interstate movement and importation of VHS-
susceptible live fish.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/09/08                    73 FR 52173
Interim Final Rule Comment 
Period End                      11/10/08
Interim Final Rule: Delay of 
Effective Date                  10/28/08                    73 FR 63867
Interim Final Rule Effective    01/09/09
Interim Final Rule: Delay of 
Effective Date                  01/02/09                        74 FR 1
NPRM                            07/00/10
NPRM Comment Period End         09/00/10

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

Peter Merrill, Senior Staff Veterinarian, National Center for Import 
and Export, VS, Department of Agriculture, Animal and Plant Health 
Inspection Service, 4700 River Road, Unit 39, Riverdale, MD 20737-1231
Phone: 301 734-8364

RIN: 0579-AC74
_______________________________________________________________________

15. IMPORTATION OF LEMONS FROM NORTHWEST ARGENTINA

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

Abstract: This rulemaking would amend the fruits and vegetables 
regulations to allow the importation of lemons from northwest Argentina 
into the continental United States. Lemons from northwest Argentina 
would be required to be imported in commercial consignments, produced 
and packed under specified conditions, treated with a surface 
disinfectant and inspected for quarantine pests before shipping, and 
accompanied by a phytosanitary certificate. This action would allow for 
the importation of lemons from northwest Argentina into the United 
States while continuing to provide protection against the introduction 
of quarantine pests.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/10
NPRM Comment Period End         10/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Meredith Jones, Regulatory Coordination Specialist, 
Regulatory Coordination and Compliance, PPQ, Department of Agriculture, 
Animal and Plant Health Inspection Service, 4700 River Road, Unit 133, 
Riverdale, MD 20737-1231
Phone: 301 734-7467

RIN: 0579-AC79
_______________________________________________________________________

16. SCRAPIE IN SHEEP AND GOATS

Legal Authority: 7 USC 8301 to 8317

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/10
NPRM Comment Period End         08/00/10

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
Phone: 301 734-6954

RIN: 0579-AC92
_______________________________________________________________________

17. 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; 7 USC 8301 to 8817; 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 the movement of 
not only plant pests, but also biological control organisms and 
associated articles. We are proposing risk-based criteria regarding the 
movement of biological control organisms, and are proposing to exempt 
certain types of plant pests from permitting requirements for their 
interstate movement and movement for environmental release. We are also 
proposing to revise our regulations regarding the movement of soil, and 
to establish regulations governing the biocontainment facilities in 
which plant pests, biological control organisms, and associated 
articles are held. This proposed rule replaces a

[[Page 21738]]

previously published proposed rule, which we are withdrawing as part of 
this document. This proposal would clarify the factors that would be 
considered when assessing the risks associated with the movement of 
certain organisms, facilitate the movement of regulated organisms and 
articles in a manner that also protects U.S. agriculture, 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                            04/00/10
NPRM Comment Period End         06/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Shirley Wager-Page, Chief, Pest Permitting Branch, 
Plant Health Programs, PPQ, Department of Agriculture, Animal and Plant 
Health Inspection Service, 4700 River Road, Unit 131, Riverdale, MD 
20737-1236
Phone: 301 734-8453

RIN: 0579-AC98
_______________________________________________________________________

18.  BOVINE SPONGIFORM ENCEPHALOPATHY AND SCRAPIE; 
IMPORTATION OF SMALL RUMINANTS AND THEIR GERMPLASM, PRODUCTS, AND 
BYPRODUCTS

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

Abstract: This rulemaking would amend the bovine spongiform 
encephalopathy (BSE) and scrapie regulations regarding the importation 
of live sheep, goats, and wild ruminants and their embryos, semen, 
products, and byproducts. Some countries from which such imports would 
be allowed under this rule are currently those from which the 
importation of live sheep, goats, wild ruminants, their embryos, and 
ruminant products and byproducts are prohibited under existing BSE 
regulations. Some products would be allowed importation without 
restriction due to the inherent lack of BSE risk regarding the product. 
Certain other products and live animals would be allowed importation if 
it can be certified that the live animals or the animals from which the 
products were derived were born after implementation of an effective 
feed ban. The proposed scrapie revisions regarding the importation of 
sheep, goats, and susceptible wild ruminants for other than immediate 
slaughter are similar to those recommended by the World Organization 
for Animal Health in restricting the importation of such animals to 
those from scrapie-free regions or certified scrapie-free flocks.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/10
NPRM Comment Period End         12/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Betzaida Lopez, Staff Veterinarian, Technical Trade 
Services, 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: 301 734-5677

RIN: 0579-AD10
_______________________________________________________________________
Department of Agriculture (USDA)                       Final Rule Stage
Animal and Plant Health Inspection Service (APHIS)
_______________________________________________________________________

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/23/09                    74 FR 36403
NPRM Comment Period End         10/21/09
Final Rule                      07/00/10

Regulatory Flexibility Analysis Required: Yes

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

RIN: 0579-AC03
_______________________________________________________________________

20. CITRUS CANKER; COMPENSATION FOR CERTIFIED CITRUS NURSERY STOCK

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

Abstract: This action follows a rulemaking that established 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.

[[Page 21739]]

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
Final Action                    04/00/10

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
_______________________________________________________________________

21. CITRUS CANKER; QUARANTINE OF THE STATE OF FLORIDA

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

Abstract: This action follows an interim rule that 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                    09/00/10

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
_______________________________________________________________________

22. IMPORTATION OF POULTRY AND POULTRY PRODUCTS FROM REGIONS AFFECTED 
WITH HIGHLY PATHOGENIC AVIAN INFLUENZA

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

Abstract: This rulemaking will amend the regulations concerning the 
importation of animals and animal products to prohibit or restrict the 
importation of birds, poultry, and bird and poultry products from 
regions that have reported the presence in commercial birds or poultry 
of highly pathogenic avian influenza other than subtype H5N1. This 
action will supplement existing prohibitions and restrictions on 
articles from regions that have reported the presence of exotic 
Newcastle disease or highly pathogenic avian influenza subtype H5N1. 
The new restrictions will be almost identical to those imposed on 
articles from regions with exotic Newcastle disease.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/00/10
Interim Final Rule Comment 
Period End                      06/00/10

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
_______________________________________________________________________

23. 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 
States of Florida and Georgia, Puerto Rico, two parishes in Louisiana, 
and two counties in South Carolina as quarantined areas for citrus 
greening and Alabama, Florida, Guam, Hawaii, Puerto Rico, Louisiana, 
Mississippi, Texas, three counties in South Carolina, portions of one 
county in Arizona, and all of three and portions of an additional three 
counties in California as quarantined areas for Asian citrus psyllid, a 
vector of a bacterium that causes citrus greening. It also establishes 
restrictions on the interstate movement of regulated articles from the 
quarantined areas, as well as treatments under which Asian Citrus 
psyllid host material may be moved interstate from a quarantined area. 
These actions follow the discovery of citrus greening and/or Asian 
citrus psyllid in the quarantined areas, and are necessary in order to 
prevent the spread of the disease and its vector to noninfested areas 
of the United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Availability of an Environmental 
Assessment                      09/09/09                    74 FR 46409
Environmental Assessment Comment 
Period End                      11/09/09
Interim Final Rule              04/00/10
Interim Final Rule Comment 
Period End                      06/00/10

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
Phone: 919 855-7313

RIN: 0579-AC85

[[Page 21740]]

_______________________________________________________________________
Department of Agriculture (USDA)                      Long-Term Actions
Animal and Plant Health Inspection Service (APHIS)
_______________________________________________________________________

24. PHYTOSANITARY CERTIFICATES FOR IMPORTED FRUITS AND VEGETABLES

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Evelia Sosa
Phone: 301 734-8295

RIN: 0579-AB18
_______________________________________________________________________

25. PHYTOPHT

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