Semiannual Regulatory Agenda, Spring 2017, 40240-40245 [2017-16886]

Download as PDF 40240 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda DEPARTMENT OF AGRICULTURE Office of the Secretary 2 CFR Subtitle B, Ch. IV 5 CFR Ch. LXXIII 7 CFR Subtitle A; Subtitle B, Chs. I–XI, XIV–XVIII, XX, XXV–XXXVIII, XLII 9 CFR Chs. I–III 36 CFR Ch. II 48 CFR Ch. 4 Semiannual Regulatory Agenda, Spring 2017 Office of the Secretary, USDA. Semiannual regulatory agenda. AGENCY: ACTION: This agenda provides summary descriptions of significant and not significant regulations being developed in agencies of the U.S. Department of Agriculture (USDA) in conformance with Executive Orders SUMMARY: (EO) 13771 ‘‘Enforcing the Regulatory Reform Agenda,’’ 12866 ‘‘Regulatory Planning and Review,’’ and 13563 ‘‘Improving Regulation and Regulatory Review.’’ The agenda also describes regulations affecting small entities as required by section 602 of the Regulatory Flexibility Act, Public Law 96–354. This agenda also identifies regulatory actions that are being reviewed in compliance with section 610(c) of the Regulatory Flexibility Act. We invite public comment on those actions as well as any regulation consistent with EO 13563. USDA has attempted to list all regulations and regulatory reviews pending at the time of publication except for minor and routine or repetitive actions, but some may have been inadvertently missed. There is no legal significance to the omission of an item from this listing. Also, the dates shown for the steps of each action are estimated and are not commitments to act on or by the date shown. USDA’s complete regulatory agenda is available online at www.reginfo.gov. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), USDA’s printed agenda entries include only: (1) Rules that are likely to have a significant economic impact on a substantial number of small entities; and (2) Rules identified for periodic review under section 610 of the Regulatory Flexibility Act. For further information 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: April 6, 2017. Michael Poe, Legislative and Regulatory Staff. AGRICULTURAL MARKETING SERVICE—PROPOSED RULE STAGE Regulation Identifier No. Sequence No. Title 1 ........................ NOP; Organic Livestock and Poultry Practices Second Proposed Rule ........................................................ 0581–AD74 AGRICULTURAL MARKETING SERVICE—FINAL RULE STAGE Regulation Identifier No. Sequence No. Title 2 ........................ 3 ........................ 4 ........................ NOP; Organic Livestock and Poultry Practices ............................................................................................... Sunset 2017 Amendments to the National List ............................................................................................... Organic Research, Promotion, and Information Order/Referendum Procedures ........................................... 0581–AD44 0581–AD52 0581–AD55 AGRICULTURAL MARKETING SERVICE—COMPLETED ACTIONS Regulation Identifier No. Sequence No. Title 5 ........................ Amendment to Compost Standards for Organic Production ........................................................................... 0581–AD53 ANIMAL AND PLANT HEALTH INSPECTION SERVICE—FINAL RULE STAGE Regulation Identifier No. Title 6 ........................ mstockstill on DSK30JT082PROD with PROPOSALS3 Sequence No. Establishing a Performance Standard for Authorizing the Importation and Interstate Movement of Fruits and Vegetables. 0579–AD71 ANIMAL AND PLANT HEALTH INSPECTION SERVICE—COMPLETED ACTIONS Regulation Identifier No. Sequence No. Title 7 ........................ 8 ........................ 9 ........................ Animal Welfare; Regulations and Standards for Birds .................................................................................... Treatment of Firewood and Spruce Logs Imported From Canada ................................................................. Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select Agent and Toxin List. VerDate Sep<11>2014 17:08 Aug 23, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP3.SGM 24AUP3 0579–AC02 0579–AD60 0579–AE08 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 40241 ANIMAL AND PLANT HEALTH INSPECTION SERVICE—COMPLETED ACTIONS—Continued Regulation Identifier No. Sequence No. Title 10 ...................... Importation of Lemons From Northwest Argentina .......................................................................................... 0579–AE17 GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION—PROPOSED RULE STAGE Regulation Identifier No. Sequence No. Title 11 ...................... Scope of Sections 202(a) and (b) of the Packers and Stockyards Act .......................................................... 0580–AB28 FOOD AND NUTRITION SERVICE—COMPLETED ACTIONS Regulation Identifier No. Sequence No. Title 12 ...................... National School Lunch and School Breakfast Programs: Nutrition Standards for All Foods Sold in School, as Required by the Healthy, Hunger-Free Kids Act of 2010. 0584–AE09 FOOD SAFETY AND INSPECTION SERVICE—FINAL RULE STAGE Regulation Identifier No. Sequence No. Title 13 ...................... Elimination of Trichina Control Regulations and Consolidation of Thermally Processed, Commercially Sterile Regulations. 0583–AD59 FOREST SERVICE—COMPLETED ACTIONS Regulation Identifier No. Sequence No. Title 14 ...................... Management of Surface Activities Associated With Outstanding Mineral Rights on National Forest System Lands (Directive). 0596–AD03 OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT—COMPLETED ACTIONS Regulation Identifier No. Sequence No. Title 15 ...................... 16 ...................... Designation of Biobased Product Categories for Federal Procurement, Round 11 ....................................... Designation of Biobased Product Categories for Federal Procurement, Round 12 ....................................... was subsequently delayed to May 19, 2017. AMS published a notice further delaying the effective date to November 14, 2017. Timetable: DEPARTMENT OF AGRICULTURE (USDA) Agricultural Marketing Service (AMS) mstockstill on DSK30JT082PROD with PROPOSALS3 Proposed Rule Stage 1. • NOP; Organic Livestock and Poultry Practices Second Proposed Rule Legal Authority: 7 U.S.C. 6501 to 6522 Abstract: This action would describe and solicit public comments on options for the disposition of the final rule, Organic Livestock and Poultry Practices. The final rule, published on January 19, 2017, adds provisions to the USDA organic regulations to address and clarify livestock and poultry living conditions, health care practices, and animal handling and transport, and during slaughter. The final rule was originally scheduled to become effective on March 20, 2017; the effective date VerDate Sep<11>2014 17:08 Aug 23, 2017 Jkt 241001 Action Date NPRM .................. NPRM Comment Period End. 05/10/17 06/09/17 FR Cite 82 FR 21742 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Miles V McEvoy, Deputy Administrator, USDA National Organic Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW., Washington, DC 20250, Phone: 202 720–3252. RIN: 0581–AD74 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 0599–AA24 0599–AA25 DEPARTMENT OF AGRICULTURE (USDA) Agricultural Marketing Service (AMS) Final Rule Stage 2. NOP; Organic Livestock and Poultry Practices Legal Authority: 7 U.S.C. 6501 to 6522 Abstract: This action would establish standards that support additional practice standards for organic livestock and poultry production. This action would add provisions to the USDA organic regulations to address and clarify livestock and poultry living conditions (for example, outdoor access, housing environment and stocking densities), health care practices (for example physical alterations, administering medical treatment, E:\FR\FM\24AUP3.SGM 24AUP3 40242 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda euthanasia), and animal handling and transport to and during slaughter. Timetable: Action Date NPRM .................. Comment Period Extended. NPRM Comment Period End. Final Rule ............ Final Rule Effective. 04/13/16 06/08/16 FR Cite 81 FR 21955 81 FR 36810 07/13/16 01/19/17 11/14/17 82 FR 7042 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Miles V. McEvoy, Deputy Administrator, USDA National Organic Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW., Washington, DC 20250, Phone: 202 720–3252. RIN: 0581–AD44 3. Sunset 2017 Amendments to the National List Legal Authority: 7 U.S.C. 6501 to 6522 Abstract: This proposed rule would address 11 2017 sunset review recommendations submitted to the Secretary by the National Organic Standards Board (NOSB) following their October, 2015 meeting. This rule proposes the removal of three synthetic substances and eight non organic, agricultural substances from the National List of Allowed and Prohibited Substances (National List). These substances are currently allowed for various uses in organic crop and livestock production and organic handling. Upon removal from the National List, use of these substances in organic production or handling would be prohibited. The prohibitions would take effect on the sunset date of June 27, 2017, following publication of a final rule. Timetable: Action Date mstockstill on DSK30JT082PROD with PROPOSALS3 NPRM .................. Final Rule ............ 01/18/17 08/00/17 FR Cite 82 FR 5431 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Miles V. McEvoy, Deputy Administrator, USDA National Organic Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW., Washington, DC 20250, Phone: 202 720–3252. RIN: 0581–AD52 VerDate Sep<11>2014 17:08 Aug 23, 2017 Jkt 241001 4. Organic Research, Promotion, and Information Order/Referendum Procedures Legal Authority: 7 U.S.C. 7411 to 7425; 7 U.S.C. 7401 Abstract: This action invites comments on a proposed national research and promotion (R&P) program that would cover the range of organic products that are certified and sold per the Organic Foods Production Act and its implementing regulations as well as organic products imported into the U.S. under an organic equivalency arrangement. The proposed program would be financed by an assessment on domestic producers and handlers, as well as importers of organic products. Timetable: Action Date NPRM .................. Comment Period End. Final Rule ............ 01/18/17 03/20/17 FR Cite 82 FR 5438 09/00/17 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Heather Pichelman, Director, Promotion and Economics, Specialty Crops Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue, Washington, DC 20250, Phone: 202 720– 9915. RIN: 0581–AD55 DEPARTMENT OF AGRICULTURE (USDA) Agricultural Marketing Service (AMS) Completed Actions 5. Amendment to Compost Standards for Organic Production Legal Authority: Pub. L. 109–97 Abstract: This rulemaking action provides clarification on the prohibition of certain compost products in organic production systems under the USDA organic regulations. This rule change will codify into regulations the policies outlined in NOP Guidance 5016: Allowance of Green Waste in Organic Production Systems. Completed: Reason Date Withdrawn ........... FR cite BILLING CODE 3410–02–P Frm 00004 Animal and Plant Health Inspection Service (APHIS) Final Rule Stage 6. Establishing a Performance Standard for Authorizing the Importation and Interstate Movement of Fruits and Vegetables 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 136(a) Abstract: This rulemaking will amend our regulations governing the importations of fruits and vegetables by broadening our existing performance standard to provide for consideration of all new fruits and vegetables for importation into the United States using a notice-based process. Rather than authorizing new imports through proposed and final rules and specifying import conditions in the regulations, the notice-based process uses Federal Register notices to make risk analyses available to the public for review and comment, with authorized commodities and their conditions of entry subsequently being listed on the Internet. It also will remove the regionor commodity-specific phytosanitary requirements currently found in these regulations. Likewise, we are proposing an equivalent revision of the performance standard in our regulations governing the interstate movements of fruits and vegetables from Hawaii and the U.S. territories (Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands) and the removal of commodity-specific phytosanitary requirements from those regulations. This action will allow for the consideration of requests to authorize the importation or interstate movement of new fruits and vegetables in a manner that enables a more flexible and responsive regulatory approach to evolving pest situations in both the United States and exporting countries. It will not, however, alter the sciencebased process in which the risk associated with importation or interstate movement of a given fruit or vegetable is evaluated or the manner in which risks associated with the importation or interstate movement of a fruit or vegetable are mitigated. Timetable: 06/28/17 Action Regulatory Flexibility Analysis Required: Yes. Agency Contact: Miles V. McEvoy, Phone: 202 720–3252. RIN: 0581–AD53 PO 00000 DEPARTMENT OF AGRICULTURE (USDA) Fmt 4701 Sfmt 4702 NPRM .................. NPRM Comment Period End. NPRM Comment Period Reopened. E:\FR\FM\24AUP3.SGM 24AUP3 Date FR cite 09/09/14 11/10/14 79 FR 53346 12/04/14 79 FR 71973 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda Action Date NPRM Comment Period End. NPRM Comment Period Reopened. NPRM Comment Period End. Final Rule ............ RIN: 0579–AD60 FR cite 01/09/15 02/06/15 80 FR 6665 03/10/15 12/00/17 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Nicole Russo, Assistant Director, Regulatory Coordination and Compliance, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 133, Riverdale, MD 20737–1236, Phone: 301 851–2159. RIN: 0579–AD71 DEPARTMENT OF AGRICULTURE (USDA) Animal and Plant Health Inspection Service (APHIS) Completed Actions 7. 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. Completed: Reason Date Withdrawn ........... FR cite 06/28/17 Reason mstockstill on DSK30JT082PROD with PROPOSALS3 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Johanna Briscoe, Phone: 301 851–3751. RIN: 0579–AC02 8. Treatment of Firewood and Spruce Logs Imported From Canada 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 regarding firewood of all species imported from Canada, including treated lumber (furniture scraps) sold as kindling, and all spruce logs imported from Nova Scotia. Completed: Reason Date Withdrawn ........... FR cite 06/28/17 Regulatory Flexibility Analysis Required: Yes. Agency Contact: John Tyrone Jones, Phone: 301 851–2344. VerDate Sep<11>2014 17:08 Aug 23, 2017 Jkt 241001 9. Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select Agent and Toxin List Legal Authority: 7 U.S.C. 8401 Abstract: In accordance with the Agricultural Bioterrorism Protection Act of 2002, we are amending and republishing the list of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. The Act requires the biennial review and republication of the list of select agents and toxins and the revision of the list as necessary. This action amends the regulations in several ways, including the addition of provisions to address the inactivation of select agents, provisions addressing biocontainment and biosafety, and clarification of regulatory language concerning security, training, incident response, and records. These changes increase the usability of the select agent regulations as well as provide for enhanced program oversight. After carefully considering the technical input of subject matter experts and recommendations from Federal advisory groups, we have decided not to finalize the proposed changes to the contents of the list of select agents and toxins at this time. In a companion document published in this issue of the Federal Register, the Centers for Disease Control and Prevention has made parallel regulatory changes. Completed: Date Final Rule ............ Final Rule Effective. Final Rule; Delay of Effective Date. FR Cite 01/19/17 03/21/17 82 FR 6197 02/16/17 82 FR 10855 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Freeda Isaac, Phone: 301 851–3300. RIN: 0579–AE08 10. • Importation of Lemons From Northwest Argentina 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 fruits and vegetables regulations to allow the importation of lemons from northwest Argentina into the continental United States. As a condition of entry, lemons from northwest Argentina would have to be produced in accordance with a systems PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 40243 approach that includes requirements for importation in commercial consignments; registration and monitoring of places of production and packinghouses; pest-free places of production; grove sanitation, monitoring, and pest control practices; treatment with a surface disinfectant; lot identification; and inspection for quarantine pests by the Argentine national plant protection organization. Additionally, lemons from northwest Argentina will have to be harvested green and within a certain time period, or treated for Mediterranean fruit fly in accordance with an approved treatment schedule. Lemons from northwest Argentina will also be required to be accompanied by a phytosanitary certificate with an additional declaration stating that the lemons have been inspected and found to be free of quarantine pests and were produced in accordance with the requirements. This action allows for the importation of lemons from northwest Argentina into the United States while continuing to provide protection against the introduction of quarantine pests. Timetable: Action NPRM .................. NPRM Comment Period End. NPRM Comment Period Extended. NPRM Comment Period Extended End. Final Rule ............ Final Rule Effective. Final Rule; Stay of Regulations. Final Rule; Stay of Regulation. Final Rule Effective. Date FR Cite 05/10/16 07/11/16 81 FR 28758 07/11/16 81 FR 44801 08/10/16 12/23/16 03/27/17 81 FR 94217 01/25/17 82 FR 8353 03/24/17 82 FR 14987 05/26/17 Regulatory Flexibility Analysis Required: Yes. ´ Agency Contact: Tony Roman, Senior Regulatory Policy Specialist, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 133, Riverdale, MD 20737–1231, Phone: 301 851–2242. RIN: 0579–AE17 BILLING CODE 3410–34–P E:\FR\FM\24AUP3.SGM 24AUP3 40244 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda DEPARTMENT OF AGRICULTURE (USDA) DEPARTMENT OF AGRICULTURE (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA) Food and Nutrition Service (FNS) Proposed Rule Stage 12. National School Lunch and School Breakfast Programs: Nutrition Standards for All Foods Sold in School, as Required by the Healthy, HungerFree Kids Act of 2010 Legal Authority: Pub. L. 111–296 Abstract: This rule codifies a provision of the Healthy, Hunger-Free Kids Act (Pub. L. 111–296; the Act) under 7 CFR parts 210 and 220. Section 208 requires the Secretary to promulgate regulations to establish science-based nutrition standards for all foods sold in schools. The nutrition standards apply to all food sold outside the school meal programs, on the school campus, and at any time during the school day. Completed: Completed Actions 11. • Scope of Sections 202(A) and (B) of the Packers and Stockyards Act Legal Authority: Pub. L. 110–246; 7 U.S.C. 181 to 229c Abstract: On December 20, 2016, the Grain Inspection, Packers and Stockyards Administration (GIPSA) published an interim final rule on the subject matter that was set to become effective on February 21, 2017. Consistent with the memorandum of January 20, 2017, to the heads of executive departments and agencies from the Assistant to the President and Chief of Staff entitled ‘‘Regulatory Freeze Pending Review,’’ GIPSA published a notice in the Federal Register that extended the comment period of the interim final rule until March 24, 2017, and delayed its effective date until April 22, 2017. GIPSA is now seeking additional comments through a new proposed rule on possible actions the Department may take that will result in delayed full implementation of the rule. Concurrent with publication of this proposed rule, GIPSA published a notice delaying the effective date of the interim final rule for an additional 180 days, until October 19, 2017. Timetable: Action Date mstockstill on DSK30JT082PROD with PROPOSALS3 NPRM .................. NPRM Comment Period End. 04/12/17 06/12/17 FR Cite 82 FR 17594 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Raymond Dexter Thomas II, Lead Regulatory Analyst, Department of Agriculture, Grain Inspection, Packers and Stockyards Administration, 1400 Independence Avenue SW., Room 2530–South, Washington, DC 20250, Phone: 202 720– 6529, Fax: 202 690–2173, Email: r.dexter.thomas@usda.gov. RIN: 0580–AB28 BILLING CODE 3410–EN–P VerDate Sep<11>2014 17:08 Aug 23, 2017 Jkt 241001 Reason Date Final & Interim Final Rule. Final Rule Effective. 07/29/16 FR Cite 81 FR 50131 09/27/16 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Charles H. Watford, Phone: 703 605–0800, Email: charles.watford@fns.usda.gov. Lynnette M. Thomas, Phone: 703 605–4782, Email: lynnette.thomas@fns.usda.gov. RIN: 0584–AE09 necessary. If this supplemental proposed rule is finalized, FSIS will end its Trichinella Approved Laboratory Program (TALP program) for the evaluation and approval of non-Federal laboratories that use the pooled sample digestion technique to analyze samples for the presence of trichina. FSIS also proposed to consolidate the regulations on thermally processed, commercially sterile meat and poultry products (i.e., canned food products containing meat or poultry). Timetable: Action NPRM .................. NPRM Comment Period End. Final Rule ............ Date 03/28/16 06/27/16 FR Cite 81 FR 17337 09/00/17 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Matthew Michael, Director, Issuances Staff, Department of Agriculture, Food Safety and Inspection Service, Office of Policy and Program Development, 1400 Independence Avenue SW., Washington, DC 20250– 3700, Phone: 202 720–0345, Fax: 202 690–0486, Email: matthew.michael@ fsis.usda.gov. RIN: 0583–AD59 BILLING CODE 3410–DM–P DEPARTMENT OF AGRICULTURE (USDA) Forest Service (FS) BILLING CODE 3410–30–P Completed Actions DEPARTMENT OF AGRICULTURE (USDA) Food Safety and Inspection Service (FSIS) Final Rule Stage 13. Elimination of Trichina Control Regulations and Consolidation of Thermally Processed, Commercially Sterile Regulations Legal Authority: Federal Meat Inspection Act (FMIA); Poultry Products Inspection Act (PPIA) Abstract: The Food Safety and Inspection Service (FSIS) proposed to amend the Federal meat inspection regulations to eliminate the requirements for both ready-to-eat (RTE) and not-ready-to-eat (NRTE) pork and pork products to be treated to destroy trichina (Trichinella spiralis) because the regulations are inconsistent with the Hazard Analysis and Critical Control Point (HACCP) regulations, and these prescriptive regulations are no longer PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 14. Management of Surface Activities Associated With Outstanding Mineral Rights on National Forest System Lands (Directive) Legal Authority: EPA 1992 Abstract: Close to 11,000,000 acres (approximately 6 percent) of National Forest System (NFS) lands overlie severed (split) mineral estates owned by a party other than the Federal Government. More than 75 percent of these lands are in the Eastern Region (Forest Service Regions 8 and 9). There are two kinds of severed mineral estates, generally known as ‘‘private rights’’: Reserved and outstanding. Reserved mineral rights are those retained by a grantor in a deed conveying land to the United States. Outstanding mineral rights are those owned by a party other than the surface owner at the time the surface was conveyed to the United States. Because these are non-Federal mineral interests, the U.S. Department of the Interior’s Bureau of Land Management has no authority for or role E:\FR\FM\24AUP3.SGM 24AUP3 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda in managing development activities associated with such interests. States have the authority and responsibility for regulating development of the private mineral estate. Various Secretary’s Rules and Regulations (years of 1911, 1937, 1938, 1939, 1947, 1950, and 1963) and Forest Service regulations at 36 CFR 251.15 provide direction for the use of NFS lands for mineral development activities associated with the exercise of reserved mineral rights. These existing rules for reserved minerals development activities also include requirements for protection of NFS resources. Currently, there are no formal regulations governing the use of NFS lands for activities associated with the exercise of outstanding mineral rights underlying those lands. The Energy Policy Act of 1992, section 2508, directed the Secretary of Agriculture to apply specified terms and conditions to surface-disturbing activities related to development of oil and gas on certain lands with outstanding mineral rights on the Allegheny National Forest, and promulgate regulations implementing that section. The Forest Service initiated rulemaking for the use of NFS lands for development activities associated with both reserved and outstanding mineral rights with an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register on December 29, 2008. Comments from the public in response to the ANPRM conveyed a high level of concern about the broad scope of the rule, along with a high level of concern about effects of a broad rule on small businesses and local economies. Completed: Reason Date mstockstill on DSK30JT082PROD with PROPOSALS3 Withdrawn ........... VerDate Sep<11>2014 BILLING CODE 3410–11–P DEPARTMENT OF AGRICULTURE (USDA) Office of Procurement and Property Management (OPPM) Completed Actions 15. Designation of Biobased Product Categories for Federal Procurement, Round 11 Legal Authority: Pub. L. 113–79 Abstract: This proposed rule will designate, for preferred procurement under the Federal Biobased Products Preferred Procurement Program, approximately 10 intermediate ingredient or feedstock product categories. An intermediate ingredient or feedstock is defined by the BioPreferred Program as a material or compound made in whole or in significant part from biological products. Typical intermediate ingredient or feedstock product categories will include renewable chemicals; plastic resins; chemical binders; oils, fats, and waxes; and fibers and fabrics. Completed: Reason Date NPRM .................. Withdrawn ........... 01/13/17 06/28/17 FR Cite 82 FR 4206 FR Cite Regulatory Flexibility Analysis Required: Yes. 06/23/17 17:08 Aug 23, 2017 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Tinathan A. Lewis, Phone: 202 205–3773, Email: talewis@ fs.fed.us. RIN: 0596–AD03 Jkt 241001 PO 00000 Frm 00007 Fmt 4701 Sfmt 9990 40245 Agency Contact: Marie Wheat, Phone: 202 239–4502, Email: marie.wheat@ dm.usda.gov. RIN: 0599–AA24 16. Designation of Biobased Product Categories for Federal Procurement, Round 12 Legal Authority: Pub. L. 113–79 Abstract: This proposed rule will designate, for preferred procurement under the Federal Biobased Products Preferred Procurement Program, approximately eight complex assembly product categories. A complex assembly is defined by the BioPreferred program as a system of distinct materials and components assembled to create a finished product with specific functional intent where some or all of the system inputs contain some amount of biobased material or feedstock. Typical complex assembly product categories will include products such as upholstered office chairs and other office furniture; mattresses; backpacks; boots; and other camping gear. The specific product categories to be included in this rulemaking are under investigation by the Office of Procurement and Property Management, but technical information is expected to be available to support the designation of about eight product categories. Completed: Reason Withdrawn ........... Date FR Cite 06/28/17 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Marie Wheat, Phone: 202 239–4502, Email: marie.wheat@ dm.usda.gov. RIN: 0599–AA25 [FR Doc. 2017–16886 Filed 8–23–17; 8:45 am] BILLING CODE 3410–98–P E:\FR\FM\24AUP3.SGM 24AUP3

Agencies

[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Unknown Section]
[Pages 40240-40245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16886]



[[Page 40239]]

Vol. 82

Thursday,

No. 163

August 24, 2017

Part III





 Department of Agriculture





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Semiannual Regulatory Agenda

Federal Register / Vol. 82 , No. 163 / Thursday, August 24, 2017 / 
Unified Agenda

[[Page 40240]]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary

2 CFR Subtitle B, Ch. IV

5 CFR Ch. LXXIII

7 CFR Subtitle A; Subtitle B, Chs. I-XI, XIV-XVIII, XX, XXV-
XXXVIII, XLII

9 CFR Chs. I-III

36 CFR Ch. II

48 CFR Ch. 4


Semiannual Regulatory Agenda, Spring 2017

AGENCY: Office of the Secretary, USDA.

ACTION: Semiannual regulatory agenda.

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SUMMARY: This agenda provides summary descriptions of significant and 
not significant regulations being developed in agencies of the U.S. 
Department of Agriculture (USDA) in conformance with Executive Orders 
(EO) 13771 ``Enforcing the Regulatory Reform Agenda,'' 12866 
``Regulatory Planning and Review,'' and 13563 ``Improving Regulation 
and Regulatory Review.'' The agenda also describes regulations 
affecting small entities as required by section 602 of the Regulatory 
Flexibility Act, Public Law 96-354. This agenda also identifies 
regulatory actions that are being reviewed in compliance with section 
610(c) of the Regulatory Flexibility Act. We invite public comment on 
those actions as well as any regulation consistent with EO 13563.
    USDA has attempted to list all regulations and regulatory reviews 
pending at the time of publication except for minor and routine or 
repetitive actions, but some may have been inadvertently missed. There 
is no legal significance to the omission of an item from this listing. 
Also, the dates shown for the steps of each action are estimated and 
are not commitments to act on or by the date shown.
    USDA's complete regulatory agenda is available online at 
www.reginfo.gov. Because publication in the Federal Register is 
mandated for the regulatory flexibility agendas required by the 
Regulatory Flexibility Act (5 U.S.C. 602), USDA's printed agenda 
entries include only:
    (1) Rules that are likely to have a significant economic impact on 
a substantial number of small entities; and
    (2) Rules identified for periodic review under section 610 of the 
Regulatory Flexibility Act.

FOR FURTHER INFORMATION CONTACT: For further information on any 
specific entry shown in this agenda, please contact the person listed 
for that action. For general comments or inquiries about the agenda, 
please contact Michael Poe, Office of Budget and Program Analysis, U.S. 
Department of Agriculture, Washington, DC 20250, (202) 720-3257.

    Dated: April 6, 2017.
 Michael Poe,
Legislative and Regulatory Staff.

           Agricultural Marketing Service--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
1.........................  NOP; Organic Livestock and         0581-AD74
                             Poultry Practices Second
                             Proposed Rule.
------------------------------------------------------------------------


            Agricultural Marketing Service--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
2.........................  NOP; Organic Livestock and         0581-AD44
                             Poultry Practices.
3.........................  Sunset 2017 Amendments to          0581-AD52
                             the National List.
4.........................  Organic Research,                  0581-AD55
                             Promotion, and
                             Information Order/
                             Referendum Procedures.
------------------------------------------------------------------------


            Agricultural Marketing Service--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
5.........................  Amendment to Compost               0581-AD53
                             Standards for Organic
                             Production.
------------------------------------------------------------------------


      Animal and Plant Health Inspection Service--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
6.........................  Establishing a Performance         0579-AD71
                             Standard for Authorizing
                             the Importation and
                             Interstate Movement of
                             Fruits and Vegetables.
------------------------------------------------------------------------


      Animal and Plant Health Inspection Service--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
7.........................  Animal Welfare;                    0579-AC02
                             Regulations and Standards
                             for Birds.
8.........................  Treatment of Firewood and          0579-AD60
                             Spruce Logs Imported From
                             Canada.
9.........................  Agricultural Bioterrorism          0579-AE08
                             Protection Act of 2002;
                             Biennial Review and
                             Republication of the
                             Select Agent and Toxin
                             List.

[[Page 40241]]

 
10........................  Importation of Lemons From         0579-AE17
                             Northwest Argentina.
------------------------------------------------------------------------


 Grain Inspection, Packers and Stockyards Administration--Proposed Rule
                                  Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
11........................  Scope of Sections 202(a)           0580-AB28
                             and (b) of the Packers
                             and Stockyards Act.
------------------------------------------------------------------------


              Food and Nutrition Service--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
12........................  National School Lunch and          0584-AE09
                             School Breakfast
                             Programs: Nutrition
                             Standards for All Foods
                             Sold in School, as
                             Required by the Healthy,
                             Hunger-Free Kids Act of
                             2010.
------------------------------------------------------------------------


          Food Safety and Inspection Service--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
13........................  Elimination of Trichina            0583-AD59
                             Control Regulations and
                             Consolidation of
                             Thermally Processed,
                             Commercially Sterile
                             Regulations.
------------------------------------------------------------------------


                    Forest Service--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
14........................  Management of Surface              0596-AD03
                             Activities Associated
                             With Outstanding Mineral
                             Rights on National Forest
                             System Lands (Directive).
------------------------------------------------------------------------


    Office of Procurement and Property Management--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
15........................  Designation of Biobased            0599-AA24
                             Product Categories for
                             Federal Procurement,
                             Round 11.
16........................  Designation of Biobased            0599-AA25
                             Product Categories for
                             Federal Procurement,
                             Round 12.
------------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE (USDA)

Agricultural Marketing Service (AMS)

Proposed Rule Stage

1.  NOP; Organic Livestock and Poultry Practices Second 
Proposed Rule

    Legal Authority: 7 U.S.C. 6501 to 6522
    Abstract: This action would describe and solicit public comments on 
options for the disposition of the final rule, Organic Livestock and 
Poultry Practices. The final rule, published on January 19, 2017, adds 
provisions to the USDA organic regulations to address and clarify 
livestock and poultry living conditions, health care practices, and 
animal handling and transport, and during slaughter. The final rule was 
originally scheduled to become effective on March 20, 2017; the 
effective date was subsequently delayed to May 19, 2017. AMS published 
a notice further delaying the effective date to November 14, 2017.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/10/17  82 FR 21742
NPRM Comment Period End.............   06/09/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Miles V McEvoy, Deputy Administrator, USDA National 
Organic Program, Department of Agriculture, Agricultural Marketing 
Service, 1400 Independence Avenue SW., Washington, DC 20250, Phone: 202 
720-3252.
    RIN: 0581-AD74

DEPARTMENT OF AGRICULTURE (USDA)

Agricultural Marketing Service (AMS)

Final Rule Stage

2. NOP; Organic Livestock and Poultry Practices

    Legal Authority: 7 U.S.C. 6501 to 6522
    Abstract: This action would establish standards that support 
additional practice standards for organic livestock and poultry 
production. This action would add provisions to the USDA organic 
regulations to address and clarify livestock and poultry living 
conditions (for example, outdoor access, housing environment and 
stocking densities), health care practices (for example physical 
alterations, administering medical treatment,

[[Page 40242]]

euthanasia), and animal handling and transport to and during slaughter.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/13/16  81 FR 21955
Comment Period Extended.............   06/08/16  81 FR 36810
NPRM Comment Period End.............   07/13/16
Final Rule..........................   01/19/17  82 FR 7042
Final Rule Effective................   11/14/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Miles V. McEvoy, Deputy Administrator, USDA 
National Organic Program, Department of Agriculture, Agricultural 
Marketing Service, 1400 Independence Avenue SW., Washington, DC 20250, 
Phone: 202 720-3252.
    RIN: 0581-AD44

3. Sunset 2017 Amendments to the National List

    Legal Authority: 7 U.S.C. 6501 to 6522
    Abstract: This proposed rule would address 11 2017 sunset review 
recommendations submitted to the Secretary by the National Organic 
Standards Board (NOSB) following their October, 2015 meeting. This rule 
proposes the removal of three synthetic substances and eight non 
organic, agricultural substances from the National List of Allowed and 
Prohibited Substances (National List). These substances are currently 
allowed for various uses in organic crop and livestock production and 
organic handling. Upon removal from the National List, use of these 
substances in organic production or handling would be prohibited. The 
prohibitions would take effect on the sunset date of June 27, 2017, 
following publication of a final rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/18/17  82 FR 5431
Final Rule..........................   08/00/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Miles V. McEvoy, Deputy Administrator, USDA 
National Organic Program, Department of Agriculture, Agricultural 
Marketing Service, 1400 Independence Avenue SW., Washington, DC 20250, 
Phone: 202 720-3252.
    RIN: 0581-AD52

4. Organic Research, Promotion, and Information Order/Referendum 
Procedures

    Legal Authority: 7 U.S.C. 7411 to 7425; 7 U.S.C. 7401
    Abstract: This action invites comments on a proposed national 
research and promotion (R&P) program that would cover the range of 
organic products that are certified and sold per the Organic Foods 
Production Act and its implementing regulations as well as organic 
products imported into the U.S. under an organic equivalency 
arrangement. The proposed program would be financed by an assessment on 
domestic producers and handlers, as well as importers of organic 
products.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/18/17  82 FR 5438
Comment Period End..................   03/20/17
Final Rule..........................   09/00/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Heather Pichelman, Director, Promotion and 
Economics, Specialty Crops Program, Department of Agriculture, 
Agricultural Marketing Service, 1400 Independence Avenue, Washington, 
DC 20250, Phone: 202 720-9915.
    RIN: 0581-AD55

DEPARTMENT OF AGRICULTURE (USDA)

Agricultural Marketing Service (AMS)

Completed Actions

5. Amendment to Compost Standards for Organic Production

    Legal Authority: Pub. L. 109-97
    Abstract: This rulemaking action provides clarification on the 
prohibition of certain compost products in organic production systems 
under the USDA organic regulations. This rule change will codify into 
regulations the policies outlined in NOP Guidance 5016: Allowance of 
Green Waste in Organic Production Systems.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR cite
------------------------------------------------------------------------
Withdrawn...........................   06/28/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Miles V. McEvoy, Phone: 202 720-3252.
    RIN: 0581-AD53
BILLING CODE 3410-02-P

DEPARTMENT OF AGRICULTURE (USDA)

Animal and Plant Health Inspection Service (APHIS)

Final Rule Stage

6. Establishing a Performance Standard for Authorizing the Importation 
and Interstate Movement of Fruits and Vegetables

    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 136(a)
    Abstract: This rulemaking will amend our regulations governing the 
importations of fruits and vegetables by broadening our existing 
performance standard to provide for consideration of all new fruits and 
vegetables for importation into the United States using a notice-based 
process. Rather than authorizing new imports through proposed and final 
rules and specifying import conditions in the regulations, the notice-
based process uses Federal Register notices to make risk analyses 
available to the public for review and comment, with authorized 
commodities and their conditions of entry subsequently being listed on 
the Internet. It also will remove the region- or commodity-specific 
phytosanitary requirements currently found in these regulations. 
Likewise, we are proposing an equivalent revision of the performance 
standard in our regulations governing the interstate movements of 
fruits and vegetables from Hawaii and the U.S. territories (Guam, 
Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands) and 
the removal of commodity-specific phytosanitary requirements from those 
regulations. This action will allow for the consideration of requests 
to authorize the importation or interstate movement of new fruits and 
vegetables in a manner that enables a more flexible and responsive 
regulatory approach to evolving pest situations in both the United 
States and exporting countries. It will not, however, alter the 
science-based process in which the risk associated with importation or 
interstate movement of a given fruit or vegetable is evaluated or the 
manner in which risks associated with the importation or interstate 
movement of a fruit or vegetable are mitigated.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR cite
------------------------------------------------------------------------
NPRM................................   09/09/14  79 FR 53346
NPRM Comment Period End.............   11/10/14
NPRM Comment Period Reopened........   12/04/14  79 FR 71973

[[Page 40243]]

 
NPRM Comment Period End.............   01/09/15
NPRM Comment Period Reopened........   02/06/15  80 FR 6665
NPRM Comment Period End.............   03/10/15
Final Rule..........................   12/00/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Nicole Russo, Assistant Director, Regulatory 
Coordination and Compliance, PPQ, Department of Agriculture, Animal and 
Plant Health Inspection Service, 4700 River Road, Unit 133, Riverdale, 
MD 20737-1236, Phone: 301 851-2159.
    RIN: 0579-AD71

DEPARTMENT OF AGRICULTURE (USDA)

Animal and Plant Health Inspection Service (APHIS)

Completed Actions

7. 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.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR cite
------------------------------------------------------------------------
Withdrawn...........................   06/28/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Johanna Briscoe, Phone: 301 851-3751.
    RIN: 0579-AC02

8. Treatment of Firewood and Spruce Logs Imported From Canada

    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 regarding 
firewood of all species imported from Canada, including treated lumber 
(furniture scraps) sold as kindling, and all spruce logs imported from 
Nova Scotia.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR cite
------------------------------------------------------------------------
Withdrawn...........................   06/28/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John Tyrone Jones, Phone: 301 851-2344.
    RIN: 0579-AD60

9. Agricultural Bioterrorism Protection Act of 2002; Biennial Review 
and Republication of the Select Agent and Toxin List

    Legal Authority: 7 U.S.C. 8401
    Abstract: In accordance with the Agricultural Bioterrorism 
Protection Act of 2002, we are amending and republishing the list of 
select agents and toxins that have the potential to pose a severe 
threat to animal or plant health, or to animal or plant products. The 
Act requires the biennial review and republication of the list of 
select agents and toxins and the revision of the list as necessary. 
This action amends the regulations in several ways, including the 
addition of provisions to address the inactivation of select agents, 
provisions addressing biocontainment and biosafety, and clarification 
of regulatory language concerning security, training, incident 
response, and records. These changes increase the usability of the 
select agent regulations as well as provide for enhanced program 
oversight. After carefully considering the technical input of subject 
matter experts and recommendations from Federal advisory groups, we 
have decided not to finalize the proposed changes to the contents of 
the list of select agents and toxins at this time. In a companion 
document published in this issue of the Federal Register, the Centers 
for Disease Control and Prevention has made parallel regulatory 
changes.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   01/19/17  82 FR 6197
Final Rule Effective................   03/21/17
Final Rule; Delay of Effective Date.   02/16/17  82 FR 10855
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Freeda Isaac, Phone: 301 851-3300.
    RIN: 0579-AE08

10.  Importation of Lemons From Northwest Argentina

    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 fruits and vegetables 
regulations to allow the importation of lemons from northwest Argentina 
into the continental United States. As a condition of entry, lemons 
from northwest Argentina would have to be produced in accordance with a 
systems approach that includes requirements for importation in 
commercial consignments; registration and monitoring of places of 
production and packinghouses; pest-free places of production; grove 
sanitation, monitoring, and pest control practices; treatment with a 
surface disinfectant; lot identification; and inspection for quarantine 
pests by the Argentine national plant protection organization. 
Additionally, lemons from northwest Argentina will have to be harvested 
green and within a certain time period, or treated for Mediterranean 
fruit fly in accordance with an approved treatment schedule. Lemons 
from northwest Argentina will also be required to be accompanied by a 
phytosanitary certificate with an additional declaration stating that 
the lemons have been inspected and found to be free of quarantine pests 
and were produced in accordance with the requirements. This action 
allows for the importation of lemons from northwest Argentina into the 
United States while continuing to provide protection against the 
introduction of quarantine pests.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/10/16  81 FR 28758
NPRM Comment Period End.............   07/11/16
NPRM Comment Period Extended........   07/11/16  81 FR 44801
NPRM Comment Period Extended End....   08/10/16
Final Rule..........................   12/23/16  81 FR 94217
Final Rule Effective................   03/27/17
Final Rule; Stay of Regulations.....   01/25/17  82 FR 8353
Final Rule; Stay of Regulation......   03/24/17  82 FR 14987
Final Rule Effective................   05/26/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Tony Rom[aacute]n, Senior Regulatory Policy 
Specialist, PPQ, Department of Agriculture, Animal and Plant Health 
Inspection Service, 4700 River Road, Unit 133, Riverdale, MD 20737-
1231, Phone: 301 851-2242.
    RIN: 0579-AE17
BILLING CODE 3410-34-P


[[Page 40244]]



DEPARTMENT OF AGRICULTURE (USDA)

Grain Inspection, Packers and Stockyards Administration (GIPSA)

Proposed Rule Stage

11.  Scope of Sections 202(A) and (B) of the Packers and 
Stockyards Act

    Legal Authority: Pub. L. 110-246; 7 U.S.C. 181 to 229c
    Abstract: On December 20, 2016, the Grain Inspection, Packers and 
Stockyards Administration (GIPSA) published an interim final rule on 
the subject matter that was set to become effective on February 21, 
2017. Consistent with the memorandum of January 20, 2017, to the heads 
of executive departments and agencies from the Assistant to the 
President and Chief of Staff entitled ``Regulatory Freeze Pending 
Review,'' GIPSA published a notice in the Federal Register that 
extended the comment period of the interim final rule until March 24, 
2017, and delayed its effective date until April 22, 2017. GIPSA is now 
seeking additional comments through a new proposed rule on possible 
actions the Department may take that will result in delayed full 
implementation of the rule. Concurrent with publication of this 
proposed rule, GIPSA published a notice delaying the effective date of 
the interim final rule for an additional 180 days, until October 19, 
2017.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/12/17  82 FR 17594
NPRM Comment Period End.............   06/12/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Raymond Dexter Thomas II, Lead Regulatory Analyst, 
Department of Agriculture, Grain Inspection, Packers and Stockyards 
Administration, 1400 Independence Avenue SW., Room 2530-South, 
Washington, DC 20250, Phone: 202 720-6529, Fax: 202 690-2173, Email: 
r.dexter.thomas@usda.gov.
    RIN: 0580-AB28
BILLING CODE 3410-EN-P

DEPARTMENT OF AGRICULTURE (USDA)

Food and Nutrition Service (FNS)

Completed Actions

12. National School Lunch and School Breakfast Programs: Nutrition 
Standards for All Foods Sold in School, as Required by the Healthy, 
Hunger-Free Kids Act of 2010

    Legal Authority: Pub. L. 111-296
    Abstract: This rule codifies a provision of the Healthy, Hunger-
Free Kids Act (Pub. L. 111-296; the Act) under 7 CFR parts 210 and 220. 
Section 208 requires the Secretary to promulgate regulations to 
establish science-based nutrition standards for all foods sold in 
schools. The nutrition standards apply to all food sold outside the 
school meal programs, on the school campus, and at any time during the 
school day.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final & Interim Final Rule..........   07/29/16  81 FR 50131
Final Rule Effective................   09/27/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Charles H. Watford, Phone: 703 605-0800, Email: 
charles.watford@fns.usda.gov. Lynnette M. Thomas, Phone: 703 605-4782, 
Email: lynnette.thomas@fns.usda.gov.
    RIN: 0584-AE09
BILLING CODE 3410-30-P

DEPARTMENT OF AGRICULTURE (USDA)

Food Safety and Inspection Service (FSIS)

Final Rule Stage

13. Elimination of Trichina Control Regulations and Consolidation of 
Thermally Processed, Commercially Sterile Regulations

    Legal Authority: Federal Meat Inspection Act (FMIA); Poultry 
Products Inspection Act (PPIA)
    Abstract: The Food Safety and Inspection Service (FSIS) proposed to 
amend the Federal meat inspection regulations to eliminate the 
requirements for both ready-to-eat (RTE) and not-ready-to-eat (NRTE) 
pork and pork products to be treated to destroy trichina (Trichinella 
spiralis) because the regulations are inconsistent with the Hazard 
Analysis and Critical Control Point (HACCP) regulations, and these 
prescriptive regulations are no longer necessary. If this supplemental 
proposed rule is finalized, FSIS will end its Trichinella Approved 
Laboratory Program (TALP program) for the evaluation and approval of 
non-Federal laboratories that use the pooled sample digestion technique 
to analyze samples for the presence of trichina. FSIS also proposed to 
consolidate the regulations on thermally processed, commercially 
sterile meat and poultry products (i.e., canned food products 
containing meat or poultry).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/28/16  81 FR 17337
NPRM Comment Period End.............   06/27/16
Final Rule..........................   09/00/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Matthew Michael, Director, Issuances Staff, 
Department of Agriculture, Food Safety and Inspection Service, Office 
of Policy and Program Development, 1400 Independence Avenue SW., 
Washington, DC 20250-3700, Phone: 202 720-0345, Fax: 202 690-0486, 
Email: matthew.michael@fsis.usda.gov.
    RIN: 0583-AD59
BILLING CODE 3410-DM-P

DEPARTMENT OF AGRICULTURE (USDA)

Forest Service (FS)

Completed Actions

14. Management of Surface Activities Associated With Outstanding 
Mineral Rights on National Forest System Lands (Directive)

    Legal Authority: EPA 1992
    Abstract: Close to 11,000,000 acres (approximately 6 percent) of 
National Forest System (NFS) lands overlie severed (split) mineral 
estates owned by a party other than the Federal Government. More than 
75 percent of these lands are in the Eastern Region (Forest Service 
Regions 8 and 9). There are two kinds of severed mineral estates, 
generally known as ``private rights'': Reserved and outstanding. 
Reserved mineral rights are those retained by a grantor in a deed 
conveying land to the United States. Outstanding mineral rights are 
those owned by a party other than the surface owner at the time the 
surface was conveyed to the United States. Because these are non-
Federal mineral interests, the U.S. Department of the Interior's Bureau 
of Land Management has no authority for or role

[[Page 40245]]

in managing development activities associated with such interests. 
States have the authority and responsibility for regulating development 
of the private mineral estate.
    Various Secretary's Rules and Regulations (years of 1911, 1937, 
1938, 1939, 1947, 1950, and 1963) and Forest Service regulations at 36 
CFR 251.15 provide direction for the use of NFS lands for mineral 
development activities associated with the exercise of reserved mineral 
rights. These existing rules for reserved minerals development 
activities also include requirements for protection of NFS resources.
    Currently, there are no formal regulations governing the use of NFS 
lands for activities associated with the exercise of outstanding 
mineral rights underlying those lands. The Energy Policy Act of 1992, 
section 2508, directed the Secretary of Agriculture to apply specified 
terms and conditions to surface-disturbing activities related to 
development of oil and gas on certain lands with outstanding mineral 
rights on the Allegheny National Forest, and promulgate regulations 
implementing that section.
    The Forest Service initiated rulemaking for the use of NFS lands 
for development activities associated with both reserved and 
outstanding mineral rights with an Advance Notice of Proposed 
Rulemaking (ANPRM) in the Federal Register on December 29, 2008. 
Comments from the public in response to the ANPRM conveyed a high level 
of concern about the broad scope of the rule, along with a high level 
of concern about effects of a broad rule on small businesses and local 
economies.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Withdrawn...........................   06/23/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Tinathan A. Lewis, Phone: 202 205-3773, Email: 
talewis@fs.fed.us.
    RIN: 0596-AD03
BILLING CODE 3410-11-P

DEPARTMENT OF AGRICULTURE (USDA)

Office of Procurement and Property Management (OPPM)

Completed Actions

15. Designation of Biobased Product Categories for Federal Procurement, 
Round 11

    Legal Authority: Pub. L. 113-79
    Abstract: This proposed rule will designate, for preferred 
procurement under the Federal Biobased Products Preferred Procurement 
Program, approximately 10 intermediate ingredient or feedstock product 
categories. An intermediate ingredient or feedstock is defined by the 
BioPreferred Program as a material or compound made in whole or in 
significant part from biological products. Typical intermediate 
ingredient or feedstock product categories will include renewable 
chemicals; plastic resins; chemical binders; oils, fats, and waxes; and 
fibers and fabrics.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/13/17  82 FR 4206
Withdrawn...........................   06/28/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Marie Wheat, Phone: 202 239-4502, Email: 
marie.wheat@dm.usda.gov.
    RIN: 0599-AA24

16. Designation of Biobased Product Categories for Federal Procurement, 
Round 12

    Legal Authority: Pub. L. 113-79
    Abstract: This proposed rule will designate, for preferred 
procurement under the Federal Biobased Products Preferred Procurement 
Program, approximately eight complex assembly product categories. A 
complex assembly is defined by the BioPreferred program as a system of 
distinct materials and components assembled to create a finished 
product with specific functional intent where some or all of the system 
inputs contain some amount of biobased material or feedstock. Typical 
complex assembly product categories will include products such as 
upholstered office chairs and other office furniture; mattresses; 
backpacks; boots; and other camping gear. The specific product 
categories to be included in this rulemaking are under investigation by 
the Office of Procurement and Property Management, but technical 
information is expected to be available to support the designation of 
about eight product categories.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Withdrawn...........................   06/28/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Marie Wheat, Phone: 202 239-4502, Email: 
marie.wheat@dm.usda.gov.
    RIN: 0599-AA25

[FR Doc. 2017-16886 Filed 8-23-17; 8:45 am]
BILLING CODE 3410-98-P