Semiannual Regulatory Agenda, Spring 2011, 39998-40011 [2011-15473]
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39998
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda
DEPARTMENT OF AGRICULTURE
Office of the Secretary
5 CFR LXXIII
7 CFR Subtitle A, Chs. I–XI, XIV–XVIII,
XX, XXVI–XXXVIII, XLI–XLII, L
9 CFR Chs. I–III
36 CFR Ch. II
48 CFR Ch. 4
Semiannual Regulatory Agenda,
Spring 2011
Office of the Secretary, USDA.
Semiannual regulatory agenda.
AGENCY:
ACTION:
This agenda provides
summary descriptions of significant and
SUMMARY:
non 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 https://
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 on any specific
entry shown in this agenda, please
contact the person listed for that action.
For general comments or inquiries about
the agenda, please contact Michael Poe,
Office of Budget and Program Analysis,
U.S. Department of Agriculture,
Washington, DC 20250, (202) 720–3257.
FOR FURTHER INFORMATION CONTACT:
Dated: March 9, 2011.
Michael Poe,
Chief, Legislative and Regulatory Staff.
AGRICULTURAL MARKETING SERVICE—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
1 ........................
2 ........................
Wholesale Pork Reporting Program ................................................................................................................
National Organic Program, Periodic Pesticide Residue Testing, NOP–10–0102 ...........................................
0581–AD07
0581–AD10
AGRICULTURAL MARKETING SERVICE—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
3 ........................
National Organic Program, Sunset (2011) (Crops and Processing) (TM–07–0136) ......................................
0581–AC77
AGRICULTURAL MARKETING SERVICE—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
4 ........................
5 ........................
National Dairy Promotion and Research Program; Dairy Import Assessments, DA–08–0050 ......................
National Organic Program: Amendments to the National List (Crops, Livestock, and Processing) TM–09–
0003.
0581–AC87
0581–AC91
FARM SERVICE AGENCY—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
6 ........................
7 ........................
Farm Loan Programs Loan Making Activities ..................................................................................................
Conservation Loan Guarantee Program ..........................................................................................................
0560–AI03
0560–AI04
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FARM SERVICE AGENCY—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
8 ........................
Emergency Forest Restoration Program .........................................................................................................
0560–AH89
FARM SERVICE AGENCY—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
9 ........................
Loan Servicing; Farm Loan Programs .............................................................................................................
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ANIMAL AND PLANT HEALTH INSPECTION SERVICE—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
10 ......................
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 ..............
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.
11
12
13
14
15
16
......................
......................
......................
......................
......................
......................
0579–AB24
0579–AC02
0579–AC68
0579–AC74
0579–AC92
0579–AC98
0579–AD10
ANIMAL AND PLANT HEALTH INSPECTION SERVICE—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
17 ......................
Importation of Plants for Planting; Establishing a New Category of Plants for Planting Not Authorized for
Importation Pending Pest Risk Analysis (RULEMAKING RESULTING FROM A SECTION 610 REVIEW).
Citrus Canker; Compensation for Certified Citrus Nursery Stock ...................................................................
Handling of Animals; Contingency Plans .........................................................................................................
Citrus Canker, Citrus Greening, and Asian Citrus Psyllid; Interstate Movement of Regulated Nursery
Stock.
18 ......................
19 ......................
20 ......................
0579–AC03
0579–AC05
0579–AC69
0579–AD29
ANIMAL AND PLANT HEALTH INSPECTION SERVICE—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
21 ......................
22 ......................
23 ......................
Phytophthora Ramorum; Quarantine and Regulations ....................................................................................
Introduction of Organisms and Products Altered or Produced Through Genetic Engineering .......................
Importation of Poultry and Poultry Products From Regions Affected With Highly Pathogenic Avian Influenza.
Light Brown Apple Moth Quarantine ................................................................................................................
Citrus Greening and Asian Citrus Psyllid; Quarantine and Interstate Movement Regulations .......................
24 ......................
25 ......................
0579–AB82
0579–AC31
0579–AC36
0579–AC71
0579–AC85
ANIMAL AND PLANT HEALTH INSPECTION SERVICE—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
26 ......................
27 ......................
Boll Weevil; Quarantine and Regulations ........................................................................................................
Animal Welfare; Climatic and Environmental Conditions for Transportation of Warm-Blooded Animals
Other Than Marine Mammals.
Importation of Mexican Hass Avocados; Additional Shipping Options ...........................................................
28 ......................
0579–AB91
0579–AC41
0579–AD15
RURAL HOUSING SERVICE—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
29 ......................
Guaranteed Single-Family Housing .................................................................................................................
0575–AC18
FOOD SAFETY AND INSPECTION SERVICE—PROPOSED RULE STAGE
Regulation
Identifier No.
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Sequence No.
Title
30 ......................
Mandatory Inspection of Catfish and Catfish Products ...................................................................................
0583–AD36
FOOD SAFETY AND INSPECTION SERVICE—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
31 ......................
Performance Standards for the Production of Processed Meat and Poultry Products; Control of Listeria
Monocytogenes in Ready-To-Eat Meat and Poultry Products.
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FOOD SAFETY AND INSPECTION SERVICE—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
32 ......................
New Formulas for Calculating the Basetime, Overtime, Holiday, and Laboratory Services Rates; Rate
Changes Based on the Formulas; and Increased Fees for the Accredited Laboratory Program.
0583–AD40
FOREST SERVICE—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
33 ......................
34 ......................
Special Areas; State-Specific Inventoried Roadless Area Management: Colorado ........................................
Pest and Disease Revolving Loan Fund .........................................................................................................
0596–AC74
0596–AC97
OFFICE OF THE SECRETARY—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
35 ......................
BioPreferred Program Guidelines Revisions ...................................................................................................
0503–AA40
OFFICE OF THE SECRETARY—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
36 ......................
Designation of Biobased Items for Federal Procurement, Round 7 ...............................................................
0503–AA36
OFFICE OF THE SECRETARY—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
37 ......................
38 ......................
Voluntary Labeling Program for Designated Biobased Products ....................................................................
Designation of Biobased Items for Federal Procurement ...............................................................................
BILLING CODE 3410–90–P
DEPARTMENT OF AGRICULTURE
(USDA)
Agricultural Marketing Service (AMS)
of pork, retailers of pork, and buyers of
wholesale pork; (iii) the Department of
Agriculture; and (iv) among interested
parties that participate in swine or pork
production.
Timetable:
Proposed Rule Stage
Action
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1. Wholesale Pork Reporting Program
Legal Authority: 7 U.S.C. 1635 to 1636
Abstract: On September 15, 2010,
Congress passed the Mandatory Price
Reporting Act of 2010 reauthorizing
Livestock Mandatory Reporting for 5
years and adding a provision for
mandatory reporting of wholesale pork
cuts. The Act was signed by the
President on September 28, 2010.
Congress directed the Secretary to
engage in negotiated rulemaking to
make required regulatory changes for
mandatory wholesale pork reporting.
Further, Congress required that the
negotiated rulemaking committee
include representatives from (i)
organizations representing swine
producers; (ii) organizations
representing packers of pork, processors
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Date
FR Cite
Changes to Livestock Mandatory Reporting.
Wholesale Pork
Reporting; Notice of Meeting.
NPRM ..................
Final Action .........
11/24/10
75 FR 71568
01/26/11
76 FR 4554
06/00/11
01/00/12
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Warren Preston,
Department of Agriculture, Agricultural
Marketing Service, 1400 Independence
Avenue SW, Washington, DC 20250,
Phone: 202 720–6231, Fax: 202 690–
3732, E-mail: warren.preston@usda.gov.
RIN: 0581–AD07
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0503–AA35
0503–AA39
2. National Organic Program, Periodic
Pesticide Residue Testing, NOP–10–
0102
Legal Authority: 7 U.S.C. 6501
Abstract: Under the Organic Foods
Production Act (OFPA) of 1990, the
National Organic Program is authorized
to require pre-harvest residue testing for
products sold or labeled as organic. This
requirement is promulgated in section
205.670(b) of the NOP regulations
which provides that the Secretary, state
programs, and certifying agents may
require pre-harvest or post-harvest
testing of organic products when there
is reason to believe that the product has
come into contact with a prohibited
substance or has been produced using
excluded methods.
As a result of legal opinion received
by the NOP on this issue, the NOP plans
to publish a proposed rule that would
amend regulations such that certifying
agents would be required to conduct
periodic testing of agricultural products
that are to be sold, labeled or
represented as ‘‘100 percent organic,
organic’’, or ‘‘made with organic
(specified ingredients or food
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group(s))’’. Specifically, the proposed
rule would specify that certifying agents
are required, on an annual basis, to
randomly sample and test agricultural
products from a minimum of 5 percent
of the operations they certify.
Timetable:
Action
Date
NPRM ..................
Final Action .........
06/00/11
03/00/12
Department of Agriculture, Agricultural
Marketing Service, Washington, DC
20250, Phone: 202 720–3252, Fax: 202
205–7808, E-mail:
melissa.bailey@usda.gov.
RIN: 0581–AC77
FR Cite
DEPARTMENT OF AGRICULTURE
(USDA)
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Melissa R. Bailey,
Director, Standards Division,
Department of Agriculture, Agricultural
Marketing Service, Washington, DC
20250, Phone: 202 720–3252, Fax: 202
205–7808, E-mail:
melissa.bailey@usda.gov.
RIN: 0581–AD10
DEPARTMENT OF AGRICULTURE
(USDA)
Agricultural Marketing Service (AMS)
Final Rule Stage
3. National Organic Program, Sunset
(2011) (Crops and Processing) (TM–07–
0136)
Legal Authority: 7 U.S.C. 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:
Agricultural Marketing Service (AMS)
Completed Actions
4. National Dairy Promotion and
Research Program; Dairy Import
Assessments, DA–08–0050
Legal Authority: 7 U.S.C. 4501 to
4514; 7 U.S.C. 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.
Completed:
Reason
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Action
Date
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
03/14/08
05/13/08
73 FR 13795
01/04/11
02/03/11
76 FR 288
Date
FR Cite
Final Action .........
Final Action Effective.
03/18/11
04/01/11
76 FR 14777
FR Cite
08/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Melissa R. Bailey,
Director, Standards Division,
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Whitney Rick,
Phone: 202 720–6909, Fax: 202 720–
0285, E-mail: whitney.rick@usda.gov.
RIN: 0581–AC87
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5. National Organic Program:
Amendments to the National List
(Crops, Livestock, and Processing) TM–
09–0003
Legal Authority: 7 U.S.C. 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.
Completed:
Reason
Date
FR Cite
Final Action .........
Final Action Effective.
12/13/10
12/14/10
75 FR 77521
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Melissa R. Bailey,
Phone: 202 720–3252, Fax: 202 205–
7808, E-mail: melissa.bailey@usda.gov.
RIN: 0581–AC91
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
(USDA)
Farm Service Agency (FSA)
Final Rule Stage
6. Farm Loan Programs Loan Making
Activities
Legal Authority: Pub. L. 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 of the
2008 Farm Bill that the 9/23/2010
proposed rule would implement 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; and 5201, Eligibility of
Equine Farmers and Ranchers for
Emergency Loans.
For the development of the
rulemaking that would implement
section 5501, Loans to Purchase Highly
Fractionated Land, FSA conducted
Tribal consultation. The rule would
allow individual tribal members to
qualify for Indian Land Acquisition
loans. This will be published as a
separate proposed rule.
Timetable:
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Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
09/23/10
11/22/10
75 FR 57866
DEPARTMENT OF AGRICULTURE
(USDA)
08/00/11
Farm Service Agency (FSA)
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, E-mail:
deirdre.holder@wdc.usda.gov.
RIN: 0560–AI03
Long-Term Actions
7. Conservation Loan Guarantee
Program
Legal Authority: Pub. L. 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.
Timetable:
Action
Date
FR Cite
Interim Rule .........
Interim Rule Comment Period
End.
Final Rule ............
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RIN: 0560–AI04
FR Cite
09/03/10
11/02/10
75 FR 54005
08/00/11
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, E-mail:
deirdre.holder@wdc.usda.gov.
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8. Emergency Forest Restoration
Program
Legal Authority: Pub. L. 110–246
Abstract: A new subpart was added 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
provides 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.
Timetable:
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 dependent on the
overall farm economy.
The right of an FSA borrower-owner
to purchase leased property under
Homestead Protection will be extended
beyond the borrower-owner to the
immediate family. Currently, FSA only
has 38 properties in Homestead
Protection.
Acceleration and foreclosure will be
suspended on borrowers who file a
claim of program discrimination against
the Department or have a claim
pending. Interest accrual and offset will
also be suspended during the time of the
moratorium. If the borrower does not
prevail in the claim, the interest, which
would have accrued during the
moratorium, will be due and offset on
the account will be reestablished.
Completed:
Action
Date
FR Cite
Reason
Date
FR Cite
Interim Rule .........
Interim Final Rule
Effective.
Interim Final Rule
Comment Period End.
11/17/10
11/17/10
75 FR 70083
Final Rule ............
Final Rule Effective.
01/28/11
02/28/11
76 FR 5055
Final Action .........
01/18/11
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Deirdre Holder,
Phone: 202 205–5851, Fax: 202 720–
5233, E-mail:
deirdre.holder@wdc.usda.gov.
RIN: 0560–AH89
DEPARTMENT OF AGRICULTURE
(USDA)
Farm Service Agency (FSA)
Completed Actions
9. Loan Servicing; Farm Loan Programs
Legal Authority: Pub. L. 110–246
Abstract: The 2008 Farm Bill requires
several changes to the Farm Service
Agency (FSA) Farm Loan Programs
(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. 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,
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Deirdre Holder,
Phone: 202 205–5851, Fax: 202 720–
5233, E-mail:
deirdre.holder@wdc.usda.gov.
RIN: 0560–AI05
BILLING CODE 3410–05–P
DEPARTMENT OF AGRICULTURE
(USDA)
Animal and Plant Health Inspection
Service (APHIS)
Proposed Rule Stage
10. Animal Welfare: Marine Mammals;
Nonconsensus Language, and
Interactive Programs (Rulemaking
Resulting From a Section 610 Review)
Legal Authority: 7 U.S.C. 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
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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-thedolphin 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 ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
05/30/02
07/29/02
67 FR 37731
06/00/11
08/00/11
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
11. Animal Welfare; Regulations and
Standards for Birds
Legal Authority: 7 U.S.C. 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
08/00/11
11/00/11
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Johanna Briscoe,
Veterinary Medical Officer and Avian
Specialist, Animal Care, Department of
Agriculture, Animal and Plant Health
Inspection Service, 4700 River Road,
Unit 84, Riverdale, MD 20737–1234,
Phone: 301 734–0658.
RIN: 0579–AC02
12. Bovine Spongiform
Encephalopathy; Importation of
Bovines and Bovine Products
Legal Authority: 7 U.S.C. 450; 7 U.S.C.
1622; 7 U.S.C. 7701 to 7772; 7 U.S.C.
8301 to 8317; 21 U.S.C. 136 and 136a;
31 U.S.C. 9701
Abstract: This rulemaking would
amend the regulations regarding the
importation of bovines and bovine
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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. This
rulemaking would also address public
comments received in response to a
September 2008 request for comments
regarding certain provisions of an
APHIS January 2005 final rule.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
FR Cite
08/00/11
10/00/11
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
13. Viral Hemorrhagic Septicemia;
Interstate Movement and Import
Restrictions on Certain Live Fish
Legal Authority: 7 U.S.C. 1622; 7
U.S.C. 8301 to 8317; 21 U.S.C. 136 and
136a; 31 U.S.C. 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
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importation of VHS-susceptible live
fish.
Timetable:
Action
Date
FR Cite
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.
09/09/08
11/10/08
73 FR 52173
10/28/08
73 FR 63867
01/09/09
01/02/09
74 FR 1
07/00/11
10/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Christa Speekmann,
Import/Export Specialist, Aquaculture,
National Center for Import and Export,
VS, Department of Agriculture, Animal
and Plant Health Inspection Service,
4700 River Road, Unit 39, Riverdale,
MD 20737–1236, Phone: 301 734–8695.
RIN: 0579–AC74
14. Scrapie in Sheep and Goats
Legal Authority: 7 U.S.C. 8301 to 8317
Abstract: This rulemaking would
amend the scrapie regulations by
changing the risk groups and categories
established for individual animals and
for flocks, increasing the use of genetic
testing as a means of assigning risk
levels to animals, reducing movement
restrictions for animals found to be
genetically less susceptible or resistant
to scrapie, and simplifying, reducing, or
removing certain recordkeeping
requirements. This action would
provide designated scrapie
epidemiologists with more alternatives
and flexibility when testing animals in
order to determine flock designations
under the regulations. It would change
the definition of high-risk animal,
which will change the types of animals
eligible for indemnity, and to pay higher
indemnity for certain pregnant ewes and
early maturing ewes. It would also make
the identification and recordkeeping
requirements for goat owners consistent
with those for sheep owners. These
changes would affect sheep and goat
producers and State governments.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
07/00/11
09/00/11
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40004
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda
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
15. Plant Pest Regulations; Update of
General Provisions
Legal Authority: 7 U.S.C. 450; 7 U.S.C.
2260; 7 U.S.C. 7701 to 7772; 7 U.S.C.
7781 to 7786; 7 U.S.C. 8301 to 8817; 19
U.S.C. 136; 21 U.S.C. 111; 21 U.S.C.
114a; 21 U.S.C. 136 and 136a; 31 U.S.C.
9701; 42 U.S.C. 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 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:
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Action
Date
FR Cite
Notice of Intent to
Prepare an Environmental Impact Statement.
Notice Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
10/20/09
74 FR 53673
11/19/09
06/00/11
08/00/11
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,
VerDate Mar<15>2010
13:38 Jul 06, 2011
Jkt 223001
Unit 131, Riverdale, MD 20737–1236,
Phone: 301 734–8453.
RIN: 0579–AC98
16. Bovine Spongiform Encephalopathy
and Scrapie; Importation of Small
Ruminants and Their Germplasm,
Products, and Byproducts
Legal Authority: 7 U.S.C. 450; 7 U.S.C.
1622; 7 U.S.C. 7701 to 7772; 7 U.S.C.
7781 to 7786; 7 U.S.C. 8301 to 8317; 21
U.S.C. 136 and 136a; 31 U.S.C. 9701
Abstract: 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.
FR Cite
07/00/11
09/00/11
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
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Fmt 4701
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DEPARTMENT OF AGRICULTURE
(USDA)
Animal and Plant Health Inspection
Service (APHIS)
Final Rule Stage
17. Importation of Plants for Planting;
Establishing a New Category of Plants
for [lanting not Authorized for
Importation Pending Pest Risk Analysis
(Rulemaking Resulting From a Section
610 Review)
Legal Authority: 7 U.S.C. 450; 7 U.S.C.
7701 to 7772; 7 U.S.C. 7781 to 7786; 21
U.S.C. 136 and 136a
Abstract: This rulemaking will amend
the regulations to establish a new
category of regulated articles in the
regulations governing the importation of
nursery stock, also known as plants for
planting. This category will list taxa of
plants for planting whose importation is
not authorized pending pest risk
analysis. If scientific evidence indicates
that a taxon of plants for planting is a
quarantine pest or a host of a quarantine
pest, we will publish a notice that will
announce our determination that the
taxon is a quarantine pest or a host of
a quarantine pest, cite the scientific
evidence we considered in making this
determination, and give the public an
opportunity to comment on our
determination. If we receive no
comments that change our
determination, the taxon will
subsequently be added to the new
category. We will allow any person to
petition for a pest risk analysis to be
conducted for a taxon that has been
added to the new category. After the
pest risk analysis is completed, we will
remove the taxon from the category and
allow its importation subject to general
requirements, allow its importation
subject to specific restrictions, or
prohibit its importation. We will
consider applications for permits to
import small quantities of germplasm
from taxa whose importation is not
authorized pending pest risk analysis,
for experimental or scientific purposes
under controlled conditions. This new
category will allow us to take prompt
action on evidence that the importation
of a taxon of plants for planting poses
a risk while continuing to allow for
public participation in the process.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
07/23/09
10/21/09
74 FR 36403
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Regulatory Flexibility Analysis
Required: No.
Agency Contact: Arnold T. Tschanz,
Senior Plant Pathologist, Risk
Management and Plants for Planting
Policy, RPM, PPQ, Department of
Agriculture, Animal and Plant Health
Inspection Service, 4700 River Road,
Unit 133, Riverdale, MD 20737–1231,
Phone: 301 734–0627.
RIN: 0579–AC03
18. Citrus Canker; Compensation for
Certified Citrus Nursery Stock
Legal Authority: 7 U.S.C. 7701 to
7772; 7 U.S.C. 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.
Timetable:
Action
Date
FR Cite
Interim Final Rule
Interim Final Rule
Effective.
Interim Final Rule
Comment Period End.
Final Action .........
06/08/06
06/08/06
71 FR 33168
08/07/06
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Lynn E. Goldner,
National Program Manager, Emergency
and Domestic Programs, PPQ,
Department of Agriculture, Animal and
Plant Health Inspection Service, 4700
River Road, Unit 137, Riverdale, MD
20737–1231, Phone: 301 734–7228.
RIN: 0579–AC05
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
19. Handling of Animals; Contingency
Plans
Legal Authority: 7 U.S.C. 2131 to 2159
Abstract: This rulemaking will amend
the Animal Welfare Act regulations to
add requirements for contingency
planning and training of personnel by
research facilities and by dealers,
exhibitors, intermediate handlers, and
carriers. These requirements are
necessary because we believe all
licensees and registrants should develop
a contingency plan for all animals
regulated under the Animal Welfare Act
in an effort to better prepare for
potential disasters. This action will
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13:38 Jul 06, 2011
Jkt 223001
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
FR Cite
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Extended.
NPRM Comment
Period Extended End.
Final Action .........
10/23/08
12/22/08
73 FR 63085
12/19/08
73 FR 77554
02/20/09
07/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jeanie Lin, National
Emergency Programs Manager, Animal
Care, Department of Agriculture,
Animal and Plant Health Inspection
Service, 4700 River Road, Unit 84,
Riverdale, MD 20737, Phone: 301 734–
7833.
RIN: 0579–AC69
20. • Citrus Canker, Citrus Greening,
and Asian Citrus Psyllid; Interstate
Movement of Regulated Nursery Stock
Legal Authority: 7 U.S.C. 7701 to
7772; 7 U.S.C. 7781 to 7786
Abstract: This rulemaking will amend
the regulations governing the interstate
movement of regulated articles from
areas quarantined for citrus canker,
citrus greening, and/or Asian citrus
psyllid (ACP) to allow the movement of
regulated nursery stock under a
certificate to any area within the United
States. In order to be eligible to move
regulated nursery stock, a nursery must
enter into a compliance agreement with
APHIS that specifies the conditions
under which the nursery stock must be
grown, maintained, and shipped. It will
also amend the regulations that allow
the movement of regulated nursery
stock from an area quarantined for ACP,
but not for citrus greening, to amend the
existing regulatory requirements for the
issuance of limited permits for the
interstate movement of the nursery
stock. We are making these changes on
an immediate basis in order to provide
nursery stock producers in areas
quarantined for citrus canker, citrus
greening, or ACP with the ability to ship
regulated nursery stock to markets
within the United States that would
otherwise be unavailable to them due to
the prohibitions and restrictions
contained in the regulations while
continuing to provide adequate
safeguards to prevent the spread of the
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Fmt 4701
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40005
three pests into currently unaffected
areas of the United States.
Timetable:
Action
Date
Interim Final Rule
Interim Final Rule
Comment Period End.
FR Cite
06/00/11
08/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Osama El-Lissy,
Director, Emergency and Domestic
Programs, PPQ, Department of
Agriculture, Animal and Plant Health
Inspection Service, 4700 River Road,
Unit 160, Riverdale, MD 20737–1238,
Phone: 301 734–5459.
Deborah McPartlan, Emergency and
Domestic Programs, PPQ, Department of
Agriculture, Animal and Plant Health
Inspection Service, 4700 River Road,
Unit 160, Riverdale, MD 20737–1238,
Phone: 301 734–5356.
RIN: 0579–AD29
DEPARTMENT OF AGRICULTURE
(USDA)
Animal and Plant Health Inspection
Service (APHIS)
Long-Term Actions
21. Phytophthora ramorum; quarantine
and regulations
Legal Authority: 7 U.S.C. 7701 to
7772; 7 U.S.C. 7781 to 7786
Abstract: The interim rule amended
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
also updated conditions for the
movement of regulated articles of
nursery stock from quarantined areas, as
well as restricted the interstate
movement of all other nursery stock
from nurseries in quarantined areas. We
also updated the list of plants regulated
because of P. ramorum and the list of
areas that are quarantined for P.
ramorum and made other miscellaneous
revisions to the regulations. These
actions are necessary to prevent the
spread of P. ramorum to noninfested
areas of the United States. We will
continue to update the regulations
through additional rulemakings as new
scientific information on this pathogen
becomes available.
E:\FR\FM\07JYP3.SGM
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda
Timetable:
Action
Action
Date
FR Cite
Interim Final Rule
Interim Final Rule
Effective.
Interim Final Rule
Comment Period End.
02/27/07
02/27/07
72 FR 8585
Final Action .........
04/30/07
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Prakash Hebbar,
Phone: 301 734–5717.
RIN: 0579–AB82
22. Introduction of Organisms and
Products Altered or Produced Through
Genetic Engineering
Legal Authority: 7 U.S.C. 7701 to
7772; 7 U.S.C. 7781 to 7786; 31 U.S.C.
9701
Abstract: This rulemaking would
revise the regulations regarding the
importation, interstate movement, and
environmental release of certain
genetically engineered organisms in
order to bring the regulations into
alignment with provisions of the Plant
Protection Act. The revisions would
also update the regulations in response
to advances in genetic science and
technology and our accumulated
experience in implementing the current
regulations. This is the first
comprehensive review and revision of
the regulations since they were
established in 1987. This rule would
affect persons involved in the
importation, interstate movement, or
release into the environment of
genetically engineered plants and
certain other genetically engineered
organisms.
Timetable:
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Action
Date
FR Cite
Notice of Intent to
Prepare an Environmental Impact Statement.
Comment Period
End.
Notice of Availability of Draft
Environmental
Impact Statement.
Comment Period
End.
NPRM ..................
NPRM Comment
Period End.
Correction ............
NPRM Comment
Period Reopened.
01/23/04
69 FR 3271
VerDate Mar<15>2010
03/23/04
07/17/07
72 FR 39021
09/11/07
10/09/08
11/24/08
73 FR 60007
11/10/08
01/16/09
73 FR 66563
74 FR 2907
13:38 Jul 06, 2011
Jkt 223001
Date
NPRM Comment
Period End.
NPRM; Notice of
Public Scoping
Session.
NPRM Comment
Period Reopened.
NPRM Comment
Period End.
Next Action Undetermined.
FR Cite
03/17/09
03/11/09
74 FR 10517
04/13/09
74 FR 16797
23. Importation of Poultry and Poultry
Products From Regions Affected With
Highly Pathogenic Avian Influenza
Legal Authority: 7 U.S.C. 1622; 7
U.S.C. 8301 to 8317; 21 U.S.C. 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
Interim Final Rule
Comment Period End.
Next Action Undetermined.
01/24/11
03/25/11
76 FR 4046
24. Light Brown Apple Moth
Quarantine
Legal Authority: 7 U.S.C. 7701 to
7772; 7 U.S.C. 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
Fmt 4701
Date
FR Cite
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Andrea Simao,
Phone: 301 734–0930.
RIN: 0579–AC71
25. Citrus Greening and Asian Citrus
Psyllid; Quarantine and Interstate
Movement Regulations
Legal Authority: 7 U.S.C. 7701 to
7772; 7 U.S.C. 7781 to 7786; 21 U.S.C.
136 and 136a
Abstract: This rulemaking establishes
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
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Julia Punderson,
Phone: 301 734–4356.
RIN: 0579–AC36
Frm 00010
Action
Interim Final Rule
06/29/09
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: John Turner, Phone:
301 734–5720.
RIN: 0579–AC31
PO 00000
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:
Sfmt 4702
Date
FR Cite
Availability of an
Environmental
Assessment.
Environmental Assessment Comment Period
End.
Interim Final Rule
Interim Final Rule
Comment Period End.
Next Action Undetermined.
09/09/09
74 FR 46409
11/09/09
06/17/10
08/16/10
75 FR 34322
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Patrick J. Gomes,
Phone: 919 855–7313.
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RIN: 0579–AC85
DEPARTMENT OF AGRICULTURE
(USDA)
Animal and Plant Health Inspection
Service (APHIS)
Completed Actions
26. Boll Weevil: Quarantine and
Regulations
Legal Authority: 7 U.S.C. 7701 to
7772; 7 U.S.C. 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.
Completed:
Reason
Date
Withdrawn: No
Action Anticipated Within
the Next 12
Months.
FR Cite
03/02/11
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
27. Animal Welfare; Climatic and
Environmental Conditions for
Tranportation of Warm–Blooded
Animals Other than Marine Mammals
Legal Authority: 7 U.S.C. 2131 to 2159
Abstract: This rulemaking would
amend the Animal Welfare Act
regulations regarding transportation of
live animals other than marine
mammals by removing the current
ambient temperature requirements for
various stages in the transportation of
those animals. The action would replace
those requirements with a single
performance standard under which the
animals would be transported under
climatic and environmental conditions
that are appropriate for their welfare.
The regulations currently require that
ambient temperatures be maintained
within certain ranges during
transportation, but animals may be
transported at ambient temperatures
below the minimum temperatures if
their consignor provides a certificate
signed by a veterinarian certifying that
13:38 Jul 06, 2011
Reason
Date
Withdrawn: No
Action Anticipated Within
the Next 12
Months.
FR Cite
Jkt 223001
Fmt 4701
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
05/27/10
07/26/10
75 FR 29680
10/29/10
11/29/10
75 FR 66643
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: David B. Lamb,
Import 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: 301 734–0627.
RIN: 0579–AD15
BILLING CODE 3410–34–P
Rural Housing Service (RHS)
Legal Authority: 7 U.S.C. 450; 7 U.S.C.
7701 to 7772; 7 U.S.C. 7781 to 7786; 21
U.S.C. 136 and 136a
Abstract: This rulemaking amends the
regulations for the importation of Hass
´
avocados originating in Michoacan,
Mexico, into the United States by
adding the option to ship avocados to
the United States in bulk shipping bins
when safeguarding is maintained from
the packinghouse to the port of first
arrival in the United States and by
making it clear that the avocados may be
shipped by land, sea, or air. It also
amends the regulations to allow
avocados from multiple packinghouses
that participate in the avocado export
program to be combined into one
consignment. We are taking these
actions in response to requests from the
Government of Mexico and inquiries
from a U.S. maritime port. These actions
allow additional options for shipping
Hass avocados from Mexico to the
United States and allow Mexican
exporters to ship full container or truck
loads from multiple packinghouses
while continuing to provide an
appropriate level of protection against
the introduction of plant pests.
Timetable:
Frm 00011
Date
DEPARTMENT OF AGRICULTURE
(USDA)
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Gerald Rushin,
Phone: 301 734–0954.
RIN: 0579–AC41
PO 00000
Action
03/02/11
28. • Importation of Mexican Hass
Avocados; Additional Shipping Options
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: William Grefenstette,
Phone: 301 734–8676.
RIN: 0579–AB91
VerDate Mar<15>2010
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 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.
Completed:
40007
Sfmt 4702
Final Rule Stage
29. Guaranteed Single-Family Housing
Legal Authority: 5 U.S.C. 301; 7 U.S.C.
1989; 42 U.S.C. 1480
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 provide more
guidance on program oversight and
monitoring.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
12/15/99
02/14/00
64 FR 70124
09/00/11
10/00/11
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,
E-mail: joaquin.tremols@wdc.usda.gov.
RIN: 0575–AC18
BILLING CODE 3410–XV–P
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DEPARTMENT OF AGRICULTURE
(USDA)
Food Safety and Inspection Service
(FSIS)
Proposed Rule Stage
30. Mandatory Inspection of Catfish
and Catfish Products
Legal Authority: 21 U.S.C. 601 et seq.;
Pub. L. 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 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
FR Cite
NPRM ..................
NPRM Comment
Period End.
02/24/11
06/24/11
76 FR 10433
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dr. Daniel L.
Engeljohn, 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,. E-mail:
daniel.engeljohn@fsis.usda.gov.
RIN: 0583–AD36
DEPARTMENT OF AGRICULTURE
(USDA)
Food Safety and Inspection Service
(FSIS)
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Final Rule Stage
31. 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 U.S.C. 451 et seq.;
21 U.S.C. 601 et seq.
Abstract: FSIS has proposed to
establish pathogen reduction
performance standards for all ready-toeat (RTE) and partially heat-treated meat
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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, sciencebased 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
FR Cite
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Extended.
NPRM Comment
Period Extended End.
Interim Final Rule
Interim Final Rule
Effective.
Interim Final Rule
Comment Period End.
NPRM Comment
Period Reopened.
NPRM Comment
Period Reopened End.
Affirmation of Interim Final Rule.
Final Action .........
02/27/01
05/29/01
66 FR 12590
07/03/01
66 FR 35112
09/10/01
Frm 00012
Fmt 4701
Food Safety and Inspection Service
(FSIS)
Completed Actions
32. New Formulas for Calculating the
Basetime, Overtime, Holiday, and
Laboratory Services Rates; Rate
Changes Based on the Formulas; and
Increased Fees for the Accredited
Laboratory Program
Legal Authority: 7 U.S.C. 1621 et seq.;
21 U.S.C. 601 et seq.; 21 U.S.C. 451 et
seq.; 21 U.S.C. 1031 et seq.
Abstract: FSIS is amending its
regulations to establish formulas for
calculating the rates that it charges meat
and poultry establishments, egg
products plants, and importers and
exporters for providing voluntary,
overtime, and holiday inspection, and
identification, certification, and
laboratory services. FSIS will publish
the rates annually in Federal Register
notices prior to the start of each
calendar year and will apply them on
the first FSIS pay period at the
beginning of the calendar year. The
Agency is also increasing the codified
flat annual fee for its Accredited
Laboratory Program for FY 2012 and FY
2013.
Completed:
Reason
06/06/03
10/06/03
FR Cite
Final Action .........
01/31/05
03/24/05
Date
04/12/11
76 FR 20220
68 FR 34208
70 FR 15017
05/09/05
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Rachel Edelstein,
Phone: 202 720–0399, Fax: 202 690–
0486, E-mail:
rachel.edelstein@fsis.usda.gov
RIN: 0583–AD40
BILLING CODE 3140–DM–P
01/00/12
DEPARTMENT OF AGRICULTURE
(USDA)
03/00/12
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dr. Daniel L.
Engeljohn, 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, E-mail:
daniel.engeljohn@fsis.usda.gov.
RIN: 0583–AC46
PO 00000
DEPARTMENT OF AGRICULTURE
(USDA)
Sfmt 4702
Forest Service (FS)
Proposed Rule Stage
33. Special Areas; State-Specific
Inventoried Roadless Area
Management: Colorado
Legal Authority: Not Yet Determined
Abstract: On April 11, 2007, Governor
of Colorado Ritter submitted a petition
under the provisions of the
Administrative Procedure Act (5 U.S.C.
553(e)) and Agriculture Department
regulation (7 CFR 1.28) to promulgate
regulations, in cooperation with the
State, for the management of
inventoried roadless areas within the
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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
cutting, with some exceptions, on 4.1
million acres of inventoried roadless
areas in Colorado. The 4.1 million acres
reflect the most updated IRA boundaries
for Colorado, which incorporate
planning rule revisions since 2001 on
several Colorado national forests.
Inventoried roadless areas that are
allocated to ski area special uses
(approximately 10,000 acres) would also
be removed from roadless designation.
Road construction and reconstruction
plus timber harvesting would be
prohibited in inventoried roadless areas,
with some exceptions, on the ArapahoRoosevelt, Grand Mesa-Uncompahgre,
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
FR Cite
NPRM ..................
NPRM Comment
Period End.
Second NPRM ....
Second NPRM
Comment Period End.
07/25/08
10/23/08
73 FR 43544
04/15/11
07/14/11
76 FR 21272
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
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, E-mail:
lsparker@fs.fed.us.
RIN: 0596–AC74
34. • Pest and Disease Revolving Loan
Fund
Legal Authority: Pub. L. 110–234, sec
10205
Abstract: The Forest Service is
proposing to amend 36 CFR part 230 to
provide direction on implementing the
Pest and Disease Revolving Loan Fund
(Pub. L. 110–234, sec. 10205), which
authorizes loans to eligible units of local
governments to finance purchases of
VerDate Mar<15>2010
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authorized equipment to monitor,
remove, dispose of, and replace infested
trees in quarantine areas. The proposed
changes amend part 230, State and
Private Forestry Assistance by adding a
new subpart.
Currently, there are no Forest Service
rules or regulations on providing low
interest loans to local municipalities to
help them manage their insect and
disease infested trees; the proposed
rules will provide that direction.
The proposed amendment to 36 CFR
part 230 would add a subpart and will:
1. Clarify and define eligible units of
local government.
2. Further define authorized
equipment.
3. Describe the administrative
requirements and process to apply for a
loan.
4. Clarify the terms of the loan.
5. Describe repayment procedures.
6. Describe the administration of the
loan program.
Timetable:
Action
Date
NPRM ..................
FR Cite
08/00/11
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, E-mail:
lsparker@fs.fed.us.
RIN: 0596–AC97
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
(USDA)
Office of the Secretary (AgSEC)
Proposed Rule Stage
35. Biopreferred Program Guidelines
Revisions
Legal Authority: Pub. L. 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.
Timetable:
Action
Date
NPRM ..................
FR Cite
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Ron Buckhalt,
Manager, BioPreferred Program, Office
PO 00000
Frm 00013
Fmt 4701
Sfmt 4702
of Procurement and Property
Management, Department of
Agriculture, 361 Reporters Building, 300
7th Street SW, Washington, DC 20250,
Phone: 202 205–4008, Fax: 202 720–
8972, E-mail:
ronb.buckhalt@dm.usda.gov.
RIN: 0503–AA40
DEPARTMENT OF AGRICULTURE
(USDA)
Office of the Secretary (AgSEC)
Final Rule Stage
36. Designation of Biobased Items for
Federal Procurement, Round 7
Legal Authority: Pub. L. 110–246
Abstract: Designates for preferred
procurement bath products; concrete
and asphalt cleaners, including
microbial and non-microbial concrete
and asphalt cleaners as subcategories;
corrosion removers; dishwashing
detergents; floor cleaners and protectors;
hair cleaning products, including
shampoos and conditioners as
subcategories; microbial cleaners; oven
and grill cleaners; slide way lubricants;
and thermal shipping containers,
including durable and non-durable
thermal shipping containers as
subcategories.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
11/23/10
01/24/11
75 FR 71492
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Ron Buckhalt,
Manager, BioPreferred Program, Office
of Procurement and Property
Management, Department of
Agriculture, 361 Reporters Building, 300
7th Street SW, Washington, DC 20250,
Phone: 202 205–4008, Fax: 202 720–
8972, E-mail:
ronb.buckhalt@dm.usda.gov.
RIN: 0503–AA36
DEPARTMENT OF AGRICULTURE
(USDA)
Office of the Secretary (AgSEC)
Completed Actions
37. Voluntary Labeling Program for
Designated Biobased Products
Legal Authority: Pub. L. 110–246
Abstract: The purpose of the program
is to provide a ‘‘USDA Certified
Biobased Product’’ label for use on
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biobased products meeting certain
criteria to be established in the
proposed rule, to specify those criteria
for gaining use of the label, establish a
system to make the label available to
manufacturers and vendors of biobased
products, and to establish the labeling
program.
Completed:
Date
FR Cite
Final Action .........
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Reason
01/20/11
76 FR 3789
VerDate Mar<15>2010
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Ron Buckhalt,
Phone: 202 205–4008, Fax: 202 720–
8972, E-mail:
ronb.buckhalt@dm.usda.gov.
RIN: 0503–AA35
38. Designation of Biobased Items for
Federal Procurement
Legal Authority: Pub. L. 110–246
Abstract: USDA revisions to federal
procurement biobased guidelines.
Completed:
PO 00000
Frm 00014
Fmt 4701
Sfmt 9990
Reason
Date
FR Cite
NPRM ..................
Final Action .........
02/04/11
02/04/11
76 FR 6366
76 FR 6319
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Ron Buckhalt,
Phone: 202 205–4008, Fax: 202 720–
8972, E-mail:
ronb.buckhalt@dm.usda.gov.
RIN: 0503–AA39
[FR Doc. 2011–15473 Filed 7–6–11; 8:45 am]
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Agencies
[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Unknown Section]
[Pages 39998-40011]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15473]
[[Page 39997]]
Vol. 76
Thursday,
No. 130
July 7, 2011
Part III
Department of Agriculture
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 76 , No. 130 / Thursday, July 7, 2011 /
Unified Agenda
[[Page 39998]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Office of the Secretary
5 CFR LXXIII
7 CFR Subtitle A, Chs. I-XI, XIV-XVIII, XX, XXVI-XXXVIII, XLI-XLII,
L
9 CFR Chs. I-III
36 CFR Ch. II
48 CFR Ch. 4
Semiannual Regulatory Agenda, Spring 2011
AGENCY: Office of the Secretary, USDA.
ACTION: Semiannual regulatory agenda.
-----------------------------------------------------------------------
SUMMARY: This agenda provides summary descriptions of significant and
non 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 https://www.reginfo.gov. Because publication in the Federal Register is
mandated for the regulatory flexibility agendas required by the
Regulatory Flexibility Act (5 U.S.C. 602), USDA's printed agenda
entries include only:
(1) Rules that are likely to have a significant economic impact on
a substantial number of small entities; and
(2) Rules identified for periodic review under section 610 of the
Regulatory Flexibility Act.
FOR FURTHER INFORMATION CONTACT: For further information on any
specific entry shown in this agenda, please contact the person listed
for that action. For general comments or inquiries about the agenda,
please contact Michael Poe, Office of Budget and Program Analysis, U.S.
Department of Agriculture, Washington, DC 20250, (202) 720-3257.
Dated: March 9, 2011.
Michael Poe,
Chief, Legislative and Regulatory Staff.
Agricultural Marketing Service--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
1......................... Wholesale Pork Reporting 0581-AD07
Program.
2......................... National Organic Program, 0581-AD10
Periodic Pesticide
Residue Testing, NOP-10-
0102.
------------------------------------------------------------------------
Agricultural Marketing Service--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
3......................... National Organic Program, 0581-AC77
Sunset (2011) (Crops and
Processing) (TM-07-0136).
------------------------------------------------------------------------
Agricultural Marketing Service--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
4......................... National Dairy Promotion 0581-AC87
and Research Program;
Dairy Import Assessments,
DA-08-0050.
5......................... National Organic Program: 0581-AC91
Amendments to the
National List (Crops,
Livestock, and
Processing) TM-09-0003.
------------------------------------------------------------------------
Farm Service Agency--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
6......................... Farm Loan Programs Loan 0560-AI03
Making Activities.
7......................... Conservation Loan 0560-AI04
Guarantee Program.
------------------------------------------------------------------------
Farm Service Agency--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
8......................... Emergency Forest 0560-AH89
Restoration Program.
------------------------------------------------------------------------
Farm Service Agency--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
9......................... Loan Servicing; Farm Loan 0560-AI05
Programs.
------------------------------------------------------------------------
[[Page 39999]]
Animal and Plant Health Inspection Service--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
10........................ Animal Welfare: Marine 0579-AB24
Mammals; Nonconsensus
Language, and Interactive
Programs (Rulemaking
Resulting From a Section
610 Review).
11........................ Animal Welfare; 0579-AC02
Regulations and Standards
for Birds.
12........................ Bovine Spongiform 0579-AC68
Encephalopathy;
Importation of Bovines
and Bovine Products.
13........................ Viral Hemorrhagic 0579-AC74
Septicemia; Interstate
Movement and Import
Restrictions on Certain
Live Fish.
14........................ Scrapie in Sheep and Goats 0579-AC92
15........................ Plant Pest Regulations; 0579-AC98
Update of General
Provisions.
16........................ Bovine Spongiform 0579-AD10
Encephalopathy and
Scrapie; Importation of
Small Ruminants and Their
Germplasm, Products, and
Byproducts.
------------------------------------------------------------------------
Animal and Plant Health Inspection Service--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
17........................ Importation of Plants for 0579-AC03
Planting; Establishing a
New Category of Plants
for Planting Not
Authorized for
Importation Pending Pest
Risk Analysis (Rulemaking
Resulting From a Section
610 Review).
18........................ Citrus Canker; 0579-AC05
Compensation for
Certified Citrus Nursery
Stock.
19........................ Handling of Animals; 0579-AC69
Contingency Plans.
20........................ Citrus Canker, Citrus 0579-AD29
Greening, and Asian
Citrus Psyllid;
Interstate Movement of
Regulated Nursery Stock.
------------------------------------------------------------------------
Animal and Plant Health Inspection Service--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
21........................ Phytophthora Ramorum; 0579-AB82
Quarantine and
Regulations.
22........................ Introduction of Organisms 0579-AC31
and Products Altered or
Produced Through Genetic
Engineering.
23........................ Importation of Poultry and 0579-AC36
Poultry Products From
Regions Affected With
Highly Pathogenic Avian
Influenza.
24........................ Light Brown Apple Moth 0579-AC71
Quarantine.
25........................ Citrus Greening and Asian 0579-AC85
Citrus Psyllid;
Quarantine and Interstate
Movement Regulations.
------------------------------------------------------------------------
Animal and Plant Health Inspection Service--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
26........................ Boll Weevil; Quarantine 0579-AB91
and Regulations.
27........................ Animal Welfare; Climatic 0579-AC41
and Environmental
Conditions for
Transportation of Warm-
Blooded Animals Other
Than Marine Mammals.
28........................ Importation of Mexican 0579-AD15
Hass Avocados; Additional
Shipping Options.
------------------------------------------------------------------------
Rural Housing Service--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
29........................ Guaranteed Single-Family 0575-AC18
Housing.
------------------------------------------------------------------------
Food Safety and Inspection Service--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
30........................ Mandatory Inspection of 0583-AD36
Catfish and Catfish
Products.
------------------------------------------------------------------------
Food Safety and Inspection Service--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
31........................ Performance Standards for 0583-AC46
the Production of
Processed Meat and
Poultry Products; Control
of Listeria Monocytogenes
in Ready-To-Eat Meat and
Poultry Products.
------------------------------------------------------------------------
[[Page 40000]]
Food Safety and Inspection Service--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
32........................ New Formulas for 0583-AD40
Calculating the Basetime,
Overtime, Holiday, and
Laboratory Services
Rates; Rate Changes Based
on the Formulas; and
Increased Fees for the
Accredited Laboratory
Program.
------------------------------------------------------------------------
Forest Service--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
33........................ Special Areas; State- 0596-AC74
Specific Inventoried
Roadless Area Management:
Colorado.
34........................ Pest and Disease Revolving 0596-AC97
Loan Fund.
------------------------------------------------------------------------
Office of the Secretary--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
35........................ BioPreferred Program 0503-AA40
Guidelines Revisions.
------------------------------------------------------------------------
Office of the Secretary--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
36........................ Designation of Biobased 0503-AA36
Items for Federal
Procurement, Round 7.
------------------------------------------------------------------------
Office of the Secretary--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
37........................ Voluntary Labeling Program 0503-AA35
for Designated Biobased
Products.
38........................ Designation of Biobased 0503-AA39
Items for Federal
Procurement.
------------------------------------------------------------------------
BILLING CODE 3410-90-P
DEPARTMENT OF AGRICULTURE (USDA)
Agricultural Marketing Service (AMS)
Proposed Rule Stage
1. Wholesale Pork Reporting Program
Legal Authority: 7 U.S.C. 1635 to 1636
Abstract: On September 15, 2010, Congress passed the Mandatory
Price Reporting Act of 2010 reauthorizing Livestock Mandatory Reporting
for 5 years and adding a provision for mandatory reporting of wholesale
pork cuts. The Act was signed by the President on September 28, 2010.
Congress directed the Secretary to engage in negotiated rulemaking to
make required regulatory changes for mandatory wholesale pork
reporting. Further, Congress required that the negotiated rulemaking
committee include representatives from (i) organizations representing
swine producers; (ii) organizations representing packers of pork,
processors of pork, retailers of pork, and buyers of wholesale pork;
(iii) the Department of Agriculture; and (iv) among interested parties
that participate in swine or pork production.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Changes to Livestock Mandatory 11/24/10 75 FR 71568
Reporting.
Wholesale Pork Reporting; Notice of 01/26/11 76 FR 4554
Meeting.
NPRM................................ 06/00/11 .......................
Final Action........................ 01/00/12 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Warren Preston, Department of Agriculture,
Agricultural Marketing Service, 1400 Independence Avenue SW,
Washington, DC 20250, Phone: 202 720-6231, Fax: 202 690-3732, E-mail:
warren.preston@usda.gov.
RIN: 0581-AD07
2. National Organic Program, Periodic Pesticide Residue Testing, NOP-
10-0102
Legal Authority: 7 U.S.C. 6501
Abstract: Under the Organic Foods Production Act (OFPA) of 1990,
the National Organic Program is authorized to require pre-harvest
residue testing for products sold or labeled as organic. This
requirement is promulgated in section 205.670(b) of the NOP regulations
which provides that the Secretary, state programs, and certifying
agents may require pre-harvest or post-harvest testing of organic
products when there is reason to believe that the product has come into
contact with a prohibited substance or has been produced using excluded
methods.
As a result of legal opinion received by the NOP on this issue, the
NOP plans to publish a proposed rule that would amend regulations such
that certifying agents would be required to conduct periodic testing of
agricultural products that are to be sold, labeled or represented as
``100 percent organic, organic'', or ``made with organic (specified
ingredients or food
[[Page 40001]]
group(s))''. Specifically, the proposed rule would specify that
certifying agents are required, on an annual basis, to randomly sample
and test agricultural products from a minimum of 5 percent of the
operations they certify.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/11 .......................
Final Action........................ 03/00/12 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Melissa R. Bailey, Director, Standards Division,
Department of Agriculture, Agricultural Marketing Service, Washington,
DC 20250, Phone: 202 720-3252, Fax: 202 205-7808, E-mail:
melissa.bailey@usda.gov.
RIN: 0581-AD10
DEPARTMENT OF AGRICULTURE (USDA)
Agricultural Marketing Service (AMS)
Final Rule Stage
3. National Organic Program, Sunset (2011) (Crops and Processing) (TM-
07-0136)
Legal Authority: 7 U.S.C. 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................................ 01/04/11 76 FR 288
NPRM Comment Period End............. 02/03/11 .......................
Final Action........................ 08/00/11 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Melissa R. Bailey, Director, Standards Division,
Department of Agriculture, Agricultural Marketing Service, Washington,
DC 20250, Phone: 202 720-3252, Fax: 202 205-7808, E-mail:
melissa.bailey@usda.gov.
RIN: 0581-AC77
DEPARTMENT OF AGRICULTURE (USDA)
Agricultural Marketing Service (AMS)
Completed Actions
4. National Dairy Promotion and Research Program; Dairy Import
Assessments, DA-08-0050
Legal Authority: 7 U.S.C. 4501 to 4514; 7 U.S.C. 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.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Action........................ 03/18/11 76 FR 14777
Final Action Effective.............. 04/01/11 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Whitney Rick, Phone: 202 720-6909, Fax: 202 720-
0285, E-mail: whitney.rick@usda.gov.
RIN: 0581-AC87
5. National Organic Program: Amendments to the National List (Crops,
Livestock, and Processing) TM-09-0003
Legal Authority: 7 U.S.C. 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.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Action........................ 12/13/10 75 FR 77521
Final Action Effective.............. 12/14/10 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Melissa R. Bailey, Phone: 202 720-3252, Fax: 202
205-7808, E-mail: melissa.bailey@usda.gov.
RIN: 0581-AC91
BILLING CODE 3410-02-P
DEPARTMENT OF AGRICULTURE (USDA)
Farm Service Agency (FSA)
Final Rule Stage
6. Farm Loan Programs Loan Making Activities
Legal Authority: Pub. L. 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 of the
2008 Farm Bill that the 9/23/2010 proposed rule would implement 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; and 5201, Eligibility of Equine Farmers and Ranchers for
Emergency Loans.
For the development of the rulemaking that would implement section
5501, Loans to Purchase Highly Fractionated Land, FSA conducted Tribal
consultation. The rule would allow individual tribal members to qualify
for Indian Land Acquisition loans. This will be published as a separate
proposed rule.
Timetable:
[[Page 40002]]
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/23/10 75 FR 57866
NPRM Comment Period End............. 11/22/10 .......................
Final Rule.......................... 08/00/11 .......................
------------------------------------------------------------------------
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, E-mail: deirdre.holder@wdc.usda.gov.
RIN: 0560-AI03
7. Conservation Loan Guarantee Program
Legal Authority: Pub. L. 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.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Rule........................ 09/03/10 75 FR 54005
Interim Rule Comment Period End..... 11/02/10 .......................
Final Rule.......................... 08/00/11 .......................
------------------------------------------------------------------------
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, E-mail: deirdre.holder@wdc.usda.gov.
RIN: 0560-AI04
DEPARTMENT OF AGRICULTURE (USDA)
Farm Service Agency (FSA)
Long-Term Actions
8. Emergency Forest Restoration Program
Legal Authority: Pub. L. 110-246
Abstract: A new subpart was added 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 provides 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.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Rule........................ 11/17/10 75 FR 70083
Interim Final Rule Effective........ 11/17/10 .......................
Interim Final Rule Comment Period 01/18/11 .......................
End.
-----------------------------------
Final Action........................ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Deirdre Holder, Phone: 202 205-5851, Fax: 202 720-
5233, E-mail: deirdre.holder@wdc.usda.gov.
RIN: 0560-AH89
DEPARTMENT OF AGRICULTURE (USDA)
Farm Service Agency (FSA)
Completed Actions
9. Loan Servicing; Farm Loan Programs
Legal Authority: Pub. L. 110-246
Abstract: The 2008 Farm Bill requires several changes to the Farm
Service Agency (FSA) Farm Loan Programs (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. 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 dependent on the overall
farm economy.
The right of an FSA borrower-owner to purchase leased property
under Homestead Protection will be extended beyond the borrower-owner
to the immediate family. Currently, FSA only has 38 properties in
Homestead Protection.
Acceleration and foreclosure will be suspended on borrowers who
file a claim of program discrimination against the Department or have a
claim pending. Interest accrual and offset will also be suspended
during the time of the moratorium. If the borrower does not prevail in
the claim, the interest, which would have accrued during the
moratorium, will be due and offset on the account will be
reestablished.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 01/28/11 76 FR 5055
Final Rule Effective................ 02/28/11 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Deirdre Holder, Phone: 202 205-5851, Fax: 202 720-
5233, E-mail: deirdre.holder@wdc.usda.gov.
RIN: 0560-AI05
BILLING CODE 3410-05-P
DEPARTMENT OF AGRICULTURE (USDA)
Animal and Plant Health Inspection Service (APHIS)
Proposed Rule Stage
10. Animal Welfare: Marine Mammals; Nonconsensus Language, and
Interactive Programs (Rulemaking Resulting From a Section 610 Review)
Legal Authority: 7 U.S.C. 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
[[Page 40003]]
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................................ 06/00/11 .......................
NPRM Comment Period End............. 08/00/11 .......................
------------------------------------------------------------------------
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
11. Animal Welfare; Regulations and Standards for Birds
Legal Authority: 7 U.S.C. 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................................ 08/00/11 .......................
NPRM Comment Period End............. 11/00/11 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Johanna Briscoe, Veterinary Medical Officer and
Avian Specialist, Animal Care, Department of Agriculture, Animal and
Plant Health Inspection Service, 4700 River Road, Unit 84, Riverdale,
MD 20737-1234, Phone: 301 734-0658.
RIN: 0579-AC02
12. Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine
Products
Legal Authority: 7 U.S.C. 450; 7 U.S.C. 1622; 7 U.S.C. 7701 to
7772; 7 U.S.C. 8301 to 8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 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. This rulemaking would also address public comments
received in response to a September 2008 request for comments regarding
certain provisions of an APHIS January 2005 final rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/11
NPRM Comment Period End............. 10/00/11
------------------------------------------------------------------------
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
13. Viral Hemorrhagic Septicemia; Interstate Movement and Import
Restrictions on Certain Live Fish
Legal Authority: 7 U.S.C. 1622; 7 U.S.C. 8301 to 8317; 21 U.S.C.
136 and 136a; 31 U.S.C. 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 11/10/08
End.
Interim Final Rule: Delay of 10/28/08 73 FR 63867
Effective Date.
Interim Final Rule Effective........ 01/09/09
Interim Final Rule: Delay of 01/02/09 74 FR 1
Effective Date.
NPRM................................ 07/00/11
NPRM Comment Period End............. 10/00/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Christa Speekmann, Import/Export Specialist,
Aquaculture, National Center for Import and Export, VS, Department of
Agriculture, Animal and Plant Health Inspection Service, 4700 River
Road, Unit 39, Riverdale, MD 20737-1236, Phone: 301 734-8695.
RIN: 0579-AC74
14. Scrapie in Sheep and Goats
Legal Authority: 7 U.S.C. 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................................ 07/00/11
NPRM Comment Period End............. 09/00/11
------------------------------------------------------------------------
[[Page 40004]]
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
15. Plant Pest Regulations; Update of General Provisions
Legal Authority: 7 U.S.C. 450; 7 U.S.C. 2260; 7 U.S.C. 7701 to
7772; 7 U.S.C. 7781 to 7786; 7 U.S.C. 8301 to 8817; 19 U.S.C. 136; 21
U.S.C. 111; 21 U.S.C. 114a; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 42
U.S.C. 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 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 10/20/09 74 FR 53673
Environmental Impact Statement.
Notice Comment Period End........... 11/19/09
NPRM................................ 06/00/11
NPRM Comment Period End............. 08/00/11
------------------------------------------------------------------------
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
16. Bovine Spongiform Encephalopathy and Scrapie; Importation of Small
Ruminants and Their Germplasm, Products, and Byproducts
Legal Authority: 7 U.S.C. 450; 7 U.S.C. 1622; 7 U.S.C. 7701 to
7772; 7 U.S.C. 7781 to 7786; 7 U.S.C. 8301 to 8317; 21 U.S.C. 136 and
136a; 31 U.S.C. 9701
Abstract: 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................................ 07/00/11
NPRM Comment Period End............. 09/00/11
------------------------------------------------------------------------
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)
Animal and Plant Health Inspection Service (APHIS)
Final Rule Stage
17. Importation of Plants for Planting; Establishing a New Category of
Plants for [lanting not Authorized for Importation Pending Pest Risk
Analysis (Rulemaking Resulting From a Section 610 Review)
Legal Authority: 7 U.S.C. 450; 7 U.S.C. 7701 to 7772; 7 U.S.C. 7781
to 7786; 21 U.S.C. 136 and 136a
Abstract: This rulemaking will amend the regulations to establish a
new category of regulated articles in the regulations governing the
importation of nursery stock, also known as plants for planting. This
category will list taxa of plants for planting whose importation is not
authorized pending pest risk analysis. If scientific evidence indicates
that a taxon of plants for planting is a quarantine pest or a host of a
quarantine pest, we will publish a notice that will announce our
determination that the taxon is a quarantine pest or a host of a
quarantine pest, cite the scientific evidence we considered in making
this determination, and give the public an opportunity to comment on
our determination. If we receive no comments that change our
determination, the taxon will subsequently be added to the new
category. We will allow any person to petition for a pest risk analysis
to be conducted for a taxon that has been added to the new category.
After the pest risk analysis is completed, we will remove the taxon
from the category and allow its importation subject to general
requirements, allow its importation subject to specific restrictions,
or prohibit its importation. We will consider applications for permits
to import small quantities of germplasm from taxa whose importation is
not authorized pending pest risk analysis, for experimental or
scientific purposes under controlled conditions. This new category will
allow us to take prompt action on evidence that the importation of a
taxon of plants for planting poses a risk while continuing to allow for
public participation in the process.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/23/09 74 FR 36403
NPRM Comment Period End............. 10/21/09
Final Rule.......................... 06/00/11
------------------------------------------------------------------------
[[Page 40005]]
Regulatory Flexibility Analysis Required: No.
Agency Contact: Arnold T. Tschanz, Senior Plant Pathologist, Risk
Management and Plants for Planting Policy, RPM, PPQ, Department of
Agriculture, Animal and Plant Health Inspection Service, 4700 River
Road, Unit 133, Riverdale, MD 20737-1231, Phone: 301 734-0627.
RIN: 0579-AC03
18. Citrus Canker; Compensation for Certified Citrus Nursery Stock
Legal Authority: 7 U.S.C. 7701 to 7772; 7 U.S.C. 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.
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 08/07/06
End.
Final Action........................ 06/00/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lynn E. Goldner, National Program Manager,
Emergency and Domestic Programs, PPQ, Department of Agriculture, Animal
and Plant Health Inspection Service, 4700 River Road, Unit 137,
Riverdale, MD 20737-1231, Phone: 301 734-7228.
RIN: 0579-AC05
19. Handling of Animals; Contingency Plans
Legal Authority: 7 U.S.C. 2131 to 2159
Abstract: This rulemaking will amend the Animal Welfare Act
regulations to add requirements for contingency planning and training
of personnel by research facilities and by dealers, exhibitors,
intermediate handlers, and carriers. These requirements are necessary
because we believe all licensees and registrants should develop a
contingency plan for all animals regulated under the Animal Welfare Act
in an effort to better prepare for potential disasters. This action
will heighten the awareness of licensees and registrants regarding
their responsibilities and help ensure a timely and appropriate
response should an emergency or disaster occur.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/23/08 73 FR 63085
NPRM Comment Period End............. 12/22/08
NPRM Comment Period Extended........ 12/19/08 73 FR 77554
NPRM Comment Period Extended End.... 02/20/09
Final Action........................ 07/00/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeanie Lin, National Emergency Programs Manager,
Animal Care, Department of Agriculture, Animal and Plant Health
Inspection Service, 4700 River Road, Unit 84, Riverdale, MD 20737,
Phone: 301 734-7833.
RIN: 0579-AC69
20. Citrus Canker, Citrus Greening, and Asian Citrus Psyllid;
Interstate Movement of Regulated Nursery Stock
Legal Authority: 7 U.S.C. 7701 to 7772; 7 U.S.C. 7781 to 7786
Abstract: This rulemaking will amend the regulations governing the
interstate movement of regulated articles from areas quarantined for
citrus canker, citrus greening, and/or Asian citrus psyllid (ACP) to
allow the movement of regulated nursery stock under a certificate to
any area within the United States. In order to be eligible to move
regulated nursery stock, a nursery must enter into a compliance
agreement with APHIS that specifies the conditions under which the
nursery stock must be grown, maintained, and shipped. It will also
amend the regulations that allow the movement of regulated nursery
stock from an area quarantined for ACP, but not for citrus greening, to
amend the existing regulatory requirements for the issuance of limited
permits for the interstate movement of the nursery stock. We are making
these changes on an immediate basis in order to provide nursery stock
producers in areas quarantined for citrus canker, citrus greening, or
ACP with the ability to ship regulated nursery stock to markets within
the United States that would otherwise be unavailable to them due to
the prohibitions and restrictions contained in the regulations while
continuing to provide adequate safeguards to prevent the spread of the
three pests into currently unaffected areas of the United States.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 06/00/11
Interim Final Rule Comment Period 08/00/11
End.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Osama El-Lissy, Director, Emergency and Domestic
Programs, PPQ, Department of Agriculture, Animal and Plant Health
Inspection Service, 4700 River Road, Unit 160, Riverdale, MD 20737-
1238, Phone: 301 734-5459.
Deborah McPartlan, Emergency and Domestic Programs, PPQ, Department
of Agriculture, Animal and Plant Health Inspection Service, 4700 River
Road, Unit 160, Riverdale, MD 20737-1238, Phone: 301 734-5356.
RIN: 0579-AD29
DEPARTMENT OF AGRICULTURE (USDA)
Animal and Plant Health Inspection Service (APHIS)
Long-Term Actions
21. Phytophthora ramorum; quarantine and regulations
Legal Authority: 7 U.S.C. 7701 to 7772; 7 U.S.C. 7781 to 7786
Abstract: The interim rule amended 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 also
updated conditions for the movement of regulated articles of nursery
stock from quarantined areas, as well as restricted the interstate
movement of all other nursery stock from nurseries in quarantined
areas. We also updated the list of plants regulated because of P.
ramorum and the list of areas that are quarantined for P. ramorum and
made other miscellaneous revisions to the regulations. These actions
are necessary to prevent the spread of P. ramorum to noninfested areas
of the United States. We will continue to update the regulations
through additional rulemakings as new scientific information on this
pathogen becomes available.
[[Page 40006]]
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 02/27/07 72 FR 8585
Interim Final Rule Effective........ 02/27/07
Interim Final Rule Comment Period 04/30/07
End.
-----------------------------------
Final Action........................ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Prakash Hebbar, Phone: 301 734-5717.
RIN: 0579-AB82
22. Introduction of Organisms and Products Altered or Produced Through
Genetic Engineering
Legal Authority: 7 U.S.C. 7701 to 7772; 7 U.S.C. 7781 to 7786; 31
U.S.C. 9701
Abstract: This rulemaking would revise the regulations regarding
the importation, interstate movement, and environmental release of
certain genetically engineered organisms in order to bring the
regulations into alignment with provisions of the Plant Protection Act.
The revisions would also update the regulations in response to advances
in genetic science and technology and our accumulated experience in
implementing the current regulations. This is the first comprehensive
review and revision of the regulations since they were established in
1987. This rule would affect persons involved in the importation,
interstate movement, or release into the environment of genetically
engineered plants and certain other genetically engineered organisms.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Intent to Prepare an 01/23/04 69 FR 3271
Environmental Impact Statement.
Comment Period End.................. 03/23/04
Notice of Availability of Draft 07/17/07 72 FR 39021
Environmental Impact Statement.
Comment Period End.................. 09/11/07
NPRM................................ 10/09/08 73 FR 60007
NPRM Comment Period End............. 11/24/08
Correction.......................... 11/10/08 73 FR 66563
NPRM Comment Period Reopened........ 01/16/09 74 FR 2907
NPRM Comment Period End............. 03/17/09
NPRM; Notice of Public Scoping 03/11/09 74 FR 10517
Session.
NPRM Comment Period Reopened........ 04/13/09 74 FR 16797
NPRM Comment Period End............. 06/29/09
Next Action Undetermined............
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John Turner, Phone: 301 734-5720.
RIN: 0579-AC31
23. Importation of Poultry and Poultry Products From Regions Affected
With Highly Pathogenic Avian Influenza
Legal Authority: 7 U.S.C. 1622; 7 U.S.C. 8301 to 8317; 21 U.S.C.
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.................. 01/24/11 76 FR 4046
Interim Final Rule Comment Period 03/25/11 .......................
End.
Next Action Undetermined............
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Julia Punderson, Phone: 301 734-4356.
RIN: 0579-AC36
24. Light Brown Apple Moth Quarantine
Legal Authority: 7 U.S.C. 7701 to 7772; 7 U.S.C. 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:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrea Simao, Phone: 301 734-0930.
RIN: 0579-AC71
25. Citrus Greening and Asian Citrus Psyllid; Quarantine and Interstate
Movement Regulations
Legal Authority: 7 U.S.C. 7701 to 7772; 7 U.S.C. 7781 to 7786; 21
U.S.C. 136 and 136a
Abstract: This rulemaking establishes 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 citru