Semiannual Regulatory Agenda, Fall 2017, 1824-1829 [2017-28205]
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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / 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, Fall
2017
Office of the Secretary, USDA.
ACTION: Semiannual regulatory agenda.
AGENCY:
This agenda provides
summary descriptions of the significant
and not significant regulatory and
deregulatory actions being developed in
agencies of the U.S. Department of
Agriculture (USDA) in conformance
with Executive Orders (E.O.) 12866
‘‘Regulatory Planning and Review,’’
13771 ‘‘Reducing Regulation and
Controlling Regulatory Costs,’’ 13777
SUMMARY:
‘‘Enforcing the Regulatory Reform
Agenda,’’ 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 E.O. 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 this edition of the USDA
regulatory agenda, the most important
regulatory and deregulatory actions are
summarized in a Statement of
Regulatory Priorities that is included in
the Regulatory Plan, which appears in
both the online regulatory agenda and in
part II of the Federal Register that
includes the abbreviated regulatory
agenda.
For
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: November 28, 2017.
Michael Poe,
Legislative and Regulatory Staff.
AGRICULTURAL MARKETING SERVICE—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
139 ....................
140 ....................
National Bioengineered Food Disclosure Standard (Reg Plan Seq No. 1) ...................................................
NOP: Organic Livestock and Poultry Practices (Reg Plan Seq No. 2) ..........................................................
0581–AD54
0581–AD75
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
AGRICULTURAL MARKETING SERVICE—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
141 ....................
142 ....................
NOP; Organic Livestock and Poultry Practices ...............................................................................................
Growers’ Trust Protection Eligibility and the Clarification of ‘‘Written Notifications’’ as Set Forth in Section
6(b) of the PACA.
Organic Research, Promotion, and Information Order/Referendum Procedures ...........................................
143 ....................
0581–AD44
0581–AD50
0581–AD55
AGRICULTURAL MARKETING SERVICE—COMPLETED ACTIONS
Regulation
Identifier No.
Title
144 ....................
145 ....................
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Sequence No.
Sunset 2017 Amendments to the National List ...............................................................................................
NOP; Organic Livestock and Poultry Practices ...............................................................................................
0581–AD52
0581–AD74
ANIMAL AND PLANT HEALTH INSPECTION SERVICE—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
146 ....................
147 ....................
Plant Pest Regulations; Update of General Provisions ...................................................................................
Bovine Spongiform Encephalopathy and Scrapie; Importation of Small Ruminants and Their Germplasm,
Products, and Byproducts.
Establishing a Performance Standard for Authorizing the Importation and Interstate Movement of Fruits
and Vegetables.
148 ....................
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0579–AC98
0579–AD10
0579–AD71
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ANIMAL AND PLANT HEALTH INSPECTION SERVICE—FINAL RULE STAGE—Continued
Regulation
Identifier No.
Sequence No.
Title
149 ....................
150 ....................
151 ....................
Importation of Fresh Citrus Fruit From the Republic of South Africa Into the Continental United States ......
Animal Welfare; Establishing De Minimis Exemptions From Licensing (Reg Plan Seq No. 5) .....................
VSTA Records and Reports Specific to International Standards for Pharmacovigilance ...............................
0579–AD95
0579–AD99
0579–AE11
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
152 ....................
153 ....................
Importation of Fresh Pitahaya Fruit From Ecuador Into the Continental United States .................................
Importation of Hass Avocados From Colombia ...............................................................................................
0579–AE12
0579–AE29
GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
154 ....................
155 ....................
156 ....................
Clarification of Scope .......................................................................................................................................
Unfair Practices and Unreasonable Preference ..............................................................................................
Scope of Sections 202(a) and (b) of the Packers and Stockyards Act ..........................................................
0580–AB25
0580–AB27
0580–AB28
FOOD SAFETY AND INSPECTION SERVICE—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
157 ....................
Elimination of Trichina Control Regulations and Consolidation of Thermally Processed, Commercially
Sterile Regulations.
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,
euthanasia), and animal handling and
transport to and during slaughter.
Timetable:
DEPARTMENT OF AGRICULTURE
(USDA)
Agricultural Marketing Service (AMS)
Proposed Rule Stage
139. National Bioengineered Food
Disclosure Standard
Regulatory Plan: This entry is Seq.
No. 1 in part II of this issue of the
Federal Register.
RIN: 0581–AD54
140. • NOP: Organic Livestock and
Poultry Practices
Action
Regulatory Plan: This entry is Seq.
No. 2 in part II of this issue of the
Federal Register.
RIN: 0581–AD75
NPRM ..................
Comment Period
Extended.
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
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DEPARTMENT OF AGRICULTURE
(USDA)
Agricultural Marketing Service (AMS)
Final Rule Stage
141. NOP; Organic Livestock and
Poultry Practices
E.O. 13771 Designation: Other.
Legal Authority: 7 U.S.C. 6501 to 6522
Abstract: This action would establish
standards that support additional
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Date
04/13/16
06/08/16
FR Cite
81 FR 21955
81 FR 36810
07/13/16
01/19/17
05/14/18
82 FR 7042
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jennifer Tucker,
Associate Deputy Administrator, USDA
National Organic Program, Department
of Agriculture, Agricultural Marketing
Service, 1400 Independence Avenue
SW, Washington, DC 20250, Phone: 202
720–3252.
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0583–AD59
RIN: 0581–AD44
142. Growers’ Trust Protection
Eligibility and the Clarification of
‘‘Written Notifications’’ as Set Forth in
Section 6(B) of the PACA
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 7 U.S.C. 499
Abstract: The proposed revisions to
the regulations would provide greater
direction to growers that employ
growers’ agents on how they may
preserve their trust rights under the
Perishable Agricultural Commodities
Act (PACA). The proposed revisions
would also clarify the definition of
written notification and the jurisdiction
of the USDA to investigate alleged
violations under the PACA.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Comment Period
Extended.
Comment Period
End.
Final Action .........
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Date
FR Cite
12/14/16
02/13/17
81 FR 90255
02/17/17
82 FR 10966
03/15/17
11/00/17
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Judith Wey Rudman,
Director PACA Division, Department of
Agriculture, Agricultural Marketing
Service, 14th & Independence Avenue
SW, Washington, DC 20250, Phone: 202
720–9404, Email: judithw.rudman@
ams.usda.gov.
RIN: 0581–AD50
143. Organic Research, Promotion, and
Information Order/Referendum
Procedures
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 7 U.S.C. 7411 to
7425; 7 U.S.C. 7401
Abstract: This rule invites comments
on a proposed national research and
promotion (R&P) program for certified
organic products. The proposed
program 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.
Timetable:
Action
Date
NPRM ..................
Comment Period
End.
Final Rule ............
01/18/17
03/20/17
FR Cite
82 FR 5438
12/00/17
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
Agricultural Marketing Service (AMS)
Completed Actions
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E.O. 13771 Designation: Fully or
Partially Exempt.
Legal Authority: 7 U.S.C. 6501 to 6522
Abstract: This rule addresses eleven
2017 sunset review recommendations
submitted to the Secretary by the
National Organic Standards Board
(NOSB) following their October 2015
meeting.
Completed:
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Final Rule ............
Final Action Effective.
07/06/17
08/07/17
FR Cite
82 FR 31241
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Miles V. McEvoy,
Phone: 202 720–3252.
RIN: 0581–AD52
145. NOP; Organic Livestock and
Poultry Practices
E.O. 13771 Designation: Deregulatory.
Legal Authority: 7 U.S.C. 6501 to 6522
Abstract: Because of significant policy
and legal issues within the final rule
(0581–AD44), the public was asked to
comment on which of the following four
actions they believed would be best for
USDA to take with regard to the
disposition of the final rule (0581–
AD44). The options were:
• Let the rule become effective on
November 14, 2017;
• Suspend the rule indefinitely;
• Delay the effective date of the rule
further, beyond the effective date of
November 14, 2017; and
• Withdraw the rule so that USDA
would not pursue implementation of the
rule.
Comments were received on all four
options. Based on the content of the
comments received and the evaluation
those comments generated, this action
will determine the disposition of the
Organic Livestock and Poultry Practices
rule published on January 19, 2017. The
option chosen was to Delay the effective
date of the rule further, beyond the
effective date of November 14, 2017.
Completed:
Reason
Date
NPRM ..................
Final Rule; Delay
of Effective
Date.
05/10/17
11/14/17
FR Cite
82 FR 21742
82 FR 52643
BILLING CODE 3410–02–P
144. Sunset 2017 Amendments to the
National List
18:24 Jan 11, 2018
Date
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jennifer Tucker,
Phone: 202 720–3252.
RIN: 0581–AD74
DEPARTMENT OF AGRICULTURE
(USDA)
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DEPARTMENT OF AGRICULTURE
(USDA)
Animal and Plant Health Inspection
Service (APHIS)
Final Rule Stage
146. Plant Pest Regulations; Update of
General Provisions
E.O. 13771 Designation: Deregulatory.
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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 and 4332
Abstract: We are revising our
regulations regarding the movement of
plant pests. We are establishing criteria
regarding the movement and
environmental release of biological
control organisms, and establishing
regulations to allow the importation and
movement in interstate commerce of
certain types of plant pests without
restriction by granting exceptions from
permitting requirements for those pests.
We are also revising our regulations
regarding the movement of soil. This
action clarifies the factors that would be
considered when assessing the risks
associated with the movement of certain
organisms and facilitates the movement
of regulated organisms and articles in a
manner that also protects U.S.
agriculture.
Timetable:
Action
Notice of Intent
To Prepare an
Environmental
Impact Statement.
Notice Comment
Period End.
NPRM ..................
NPRM Comment
Period Extended.
NPRM Comment
Period End.
Final Rule ............
Date
10/20/09
FR Cite
74 FR 53673
11/19/09
01/19/17
02/13/17
82 FR 6980
82 FR 10444
04/19/17
02/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Colin Stewart,
Assistant Director, Pests, Pathogens, and
Biocontrol Permits, PPQ, Department of
Agriculture, Animal and Plant Health
Inspection Service, 4700 River Road,
Unit 133, Riverdale, MD 20737–1236,
Phone: 301 851–2237.
RIN: 0579–AC98
147. Bovine Spongiform
Encephalopathy and Scrapie;
Importation of Small Ruminants and
Their Germplasm, Products, and
Byproducts
E.O. 13771 Designation: Deregulatory.
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 amends the
bovine spongiform encephalopathy
(BSE) and scrapie regulations regarding
the importation of live sheep, goats, and
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wild ruminants and their embryos,
semen, products, and byproducts. The
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.
Final Rule ............
07/18/16
09/16/16
FR Cite
81 FR 46619
02/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Langston Hull,
Senior Staff Veterinary Medical Officer,
Animal Permitting and Negotiating
Services, VS, Department of Agriculture,
Animal and Plant Health Inspection
Service, 4700 River Road, Unit 39,
Riverdale, MD 20737–1231, Phone: 301
851–3300.
RIN: 0579–AD10
sradovich on DSK3GMQ082PROD with PROPOSALS3
148. Establishing a Performance
Standard for Authorizing the
Importation and Interstate Movement
of Fruits and Vegetables
E.O. 13771 Designation: Deregulatory.
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
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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:
Action
Date
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Reopened.
NPRM Comment
Period End.
NPRM Comment
Period Reopened.
NPRM Comment
Period End.
Final Rule ............
FR Cite
09/09/14
11/10/14
79 FR 53346
12/04/14
79 FR 71973
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
149. • Importation of Fresh Citrus Fruit
From the Republic of South Africa Into
the Continental United States
E.O. 13771 Designation: Deregulatory.
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 fruits and vegetables regulations to
allow the importation of several
varieties of fresh citrus fruit, as well as
citrus hybrids, into the continental
United States from areas in the Republic
of South Africa where citrus black spot
has been known to occur. As a
condition of entry, the fruit will have to
be produced in accordance with a
systems approach that includes
shipment traceability, packinghouse
registration and procedures, and
phytosanitary treatment. The fruit will
also be required to be imported in
commercial consignments and
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accompanied by a phytosanitary
certificate issued by the national plant
protection organization of the Republic
of South Africa with an additional
declaration confirming that the fruit has
been produced in accordance with the
systems approach. This action will
allow for the importation of fresh citrus
fruit, including citrus hybrids, from the
Republic of South Africa while
continuing to provide protection against
the introduction of plant pests into the
United States.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
08/28/14
10/27/14
FR Cite
79 FR 51273
06/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Marc Phillips, Senior
Regulatory Policy 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: 301 851–2114.
RIN: 0579–AD95
150. Animal Welfare; Establishing De
Minimis Exemptions From Licensing
Regulatory Plan: This entry is Seq.
No. 5 in part II of this issue of the
Federal Register.
RIN: 0579–AD99
151. • VSTA Records and Reports
Specific to International Standards for
Pharmacovigilance
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 21 U.S.C. 151 to 159
Abstract: This rulemaking will amend
the Virus-Serum-Toxin Act regulations
concerning records and reports. This
change requires veterinary biologics
licensees and permittees to record and
submit reports concerning adverse
events associated with the use of
biological products they produce or
distribute. The information that must be
included in the adverse event reports
submitted to the Animal and Plant
Health Inspection Service will be
provided in separate guidance
documents. These records and reports
will help ensure that APHIS can provide
complete and accurate information to
consumers regarding adverse reactions
or other problems associated with the
use of licensed biological products.
Timetable:
Action
NPRM ..................
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Date
09/04/15
FR Cite
80 FR 53475
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Action
Date
NPRM Comment
Period End.
Final Rule ............
FR Cite
11/03/15
12/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Donna L. Malloy,
Operational Support Section, Center for
Veterinary Biologics, Policy, Evaluation,
and Licensing, VS, Department of
Agriculture, Animal and Plant Health
Inspection Service, 4700 River Road,
Unit 148, Riverdale, MD 20737–1231,
Phone: 301 851–3426.
RIN: 0579–AE11
DEPARTMENT OF AGRICULTURE
(USDA)
Animal and Plant Health Inspection
Service (APHIS)
Completed Actions
sradovich on DSK3GMQ082PROD with PROPOSALS3
152. Importation of Fresh Pitahaya
Fruit From Ecuador Into the
Continental United States
E.O. 13771 Designation: Deregulatory.
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 fresh pitahaya
fruit into the continental United States
from Ecuador. As a condition of entry,
the fruit will have to be produced in
accordance with a systems approach
that includes requirements for fruit fly
trapping, pre-harvest inspections,
approved production sites, and
packinghouse procedures designed to
exclude quarantine pests. The fruit will
also be required to be imported in
commercial consignments and
accompanied by a phytosanitary
certificate issued by the national plant
protection organization of Ecuador
stating that the consignment was
produced and prepared for export in
accordance with the requirements of the
systems approach. This action allows
for the importation of fresh pitahaya
fruit from Ecuador while continuing to
provide protection against the
introduction of plant pests into the
United States.
Completed:
Reason
Date
Final Rule ............
Final Rule Effective.
06/20/17
07/20/17
FR Cite
82 FR 27967
Agency Contact: Claudia Ferguson,
Phone: 301 851–2352.
RIN: 0579–AE12.
153. • Importation of Hass Avocados
From Colombia
E.O. 13771 Designation: Deregulatory.
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 to allow the importation of
fresh Hass avocado fruit from Colombia
into the continental United States. As a
condition of entry, fresh Hass avocado
fruit from Colombia will have to be
produced in accordance with a systems
approach that includes orchard and
packinghouse requirements and port of
entry inspection. The fruit will also be
required to be imported in commercial
consignments and accompanied by a
phytosanitary certificate issued by the
national plant protection organization of
Colombia with an additional declaration
stating that the fruit has been produced
in accordance with the requirements.
This action allows for the importation of
fresh Hass avocado fruit from Colombia
while continuing to provide protection
against the introduction of plant pests
into the continental United States.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Reopened.
NPRM Comment
Period Extended.
Final Rule ............
Final Rule Effective.
10/27/16
03/20/17
81 FR 74722
01/17/17
82 FR 4798
02/10/17
82 FR 10312
08/15/17
09/14/17
82 FR 38591
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: David B. Lamb,
Senior Regulatory Policy Specialist,
IRM, PPQ, Department of Agriculture,
Animal and Plant Health Inspection
Service, 4700 River Road, Unit 133,
Riverdale, MD 20737–1231, Phone: 301
851–2103.
RIN: 0579–AE29
BILLING CODE 3410–34–P
Regulatory Flexibility Analysis
Required: Yes.
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DEPARTMENT OF AGRICULTURE
(USDA)
Grain Inspection, Packers and
Stockyards Administration (GIPSA)
Completed Actions
154. Clarification of Scope
E.O. 13771 Designation: Regulatory.
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. 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 sought additional comments
through a new proposed rule on
possible actions the Department may
take that will result in delayed full
implementation of the rule. GIPSA
published a notice delaying the effective
date of the interim final rule for an
additional 180 days, until October 19,
2017.
Completed:
Reason
Notice ..................
Interim Final Rule
Effective.
Withdrawn ...........
Date
04/12/17
10/19/17
FR Cite
82 FR 17531
10/18/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Raymond Dexter
Thomas, Phone: 202 720–6529, Fax: 202
690–2173, Email: r.dexter.thomas@
usda.gov.
RIN: 0580–AB25
155. Unfair Practices and Unreasonable
Preference
E.O. 13771 Designation: Regulatory.
Legal Authority: Pub. L. 110–246; 7
U.S.C. 181–229c
Abstract: Title XI of the 2008 Farm
Bill required the Secretary of
Agriculture to issue a number of
regulations under the P&S Act. Among
these instructions, the 2008 Farm Bill
directed the Secretary to identify criteria
to be considered in determining
whether an undue or unreasonable
preference or advantage has occurred in
violation of the P&S Act. In June of
2010, the Grain Inspection, Packers and
Stockyards Administration (GIPSA)
published a proposed rule addressing
this statutory requirement along with
several other rules required by the 2008
Farm Bill. Proposed 201.211 to the
regulations under the P&S Act would
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12JAP3
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
have established criteria that the
Secretary may consider in determining
if conduct would violate section 202(b)
of the P&S Act (undue or unreasonable
preference or advantage). While many
commenters provided examples of
similarly situated poultry growers and
livestock producers receiving different
treatment, other commenters were
concerned about the impacts of the
provision on marketing arrangements
and other beneficial contractual
agreements. Beginning with the FY 2012
appropriations act, USDA was
precluded from working on certain
proposed regulatory provisions related
to the P&S Act, including criteria in this
proposal regarding undue or
unreasonable preferences or advantages.
Consequently, GIPSA did not finalize
this rule in 2011. The prohibitions are
not included in the Consolidated
Appropriations Act, 2016. This
rulemaking is necessary to fulfill
statutory requirements. Section 201.210
will illustrate by way of examples types
of conduct GIPSA would consider
unfair, unjustly discriminatory, or
deceptive.
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Raymond Dexter
Thomas, Phone: 202 720–6529, Fax: 202
690–2173, Email: r.dexter.thomas@
usda.gov.
RIN: 0580–AB27
156. Scope of Sections 202(A) and (B)
of the Packers and Stockyards Act
sradovich on DSK3GMQ082PROD with PROPOSALS3
E.O. 13771 Designation: Deregulatory.
Legal Authority: Pub. L. 110–246; 7
U.S.C. 181 to 229c
VerDate Sep<11>2014
18:24 Jan 11, 2018
Jkt 244001
Abstract: Through this action, GIPSA
sought additional comments on possible
actions the Department may take on
0580–AB25.
Completed:
Reason
Date
NPRM ..................
Final Action; Withdrawal.
04/12/17
10/18/17
FR Cite
82 FR 17594
82 FR 48594
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Raymond Dexter
Thomas, Phone: 202 720–6529, Fax: 202
690–2173, Email: r.dexter.thomas@
usda.gov.
RIN: 0580–AB28
BILLING CODE 3410–EN–P
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
DEPARTMENT OF AGRICULTURE
(USDA)
Food Safety and Inspection Service
(FSIS)
Final Rule Stage
157. Elimination of Trichina Control
Regulations and Consolidation of
Thermally Processed, Commercially
Sterile Regulations
E.O. 13771 Designation: Deregulatory.
Legal Authority: 21 U.S.C. 601 et seq.;
21 U.S.C. 451 et seq.
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
PO 00000
Frm 00007
Fmt 4701
Sfmt 9990
1829
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Date
03/28/16
06/27/16
FR Cite
81 FR 17337
12/00/17
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
[FR Doc. 2017–28205 Filed 1–11–18; 8:45 am]
BILLING CODE 3410–DM–P
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]]>Agencies
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Unknown Section]
[Pages 1824-1829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28205]
[[Page 1823]]
Vol. 83
Friday,
No. 9
January 12, 2018
Part III
Department of Agriculture
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 83 , No. 9 / Friday, January 12, 2018 /
Unified Agenda
[[Page 1824]]
-----------------------------------------------------------------------
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, Fall 2017
AGENCY: Office of the Secretary, USDA.
ACTION: Semiannual regulatory agenda.
-----------------------------------------------------------------------
SUMMARY: This agenda provides summary descriptions of the significant
and not significant regulatory and deregulatory actions being developed
in agencies of the U.S. Department of Agriculture (USDA) in conformance
with Executive Orders (E.O.) 12866 ``Regulatory Planning and Review,''
13771 ``Reducing Regulation and Controlling Regulatory Costs,'' 13777
``Enforcing the Regulatory Reform Agenda,'' 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 E.O.
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 this edition of the USDA regulatory agenda, the most important
regulatory and deregulatory actions are summarized in a Statement of
Regulatory Priorities that is included in the Regulatory Plan, which
appears in both the online regulatory agenda and in part II of the
Federal Register that includes the abbreviated regulatory agenda.
FOR 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: November 28, 2017.
Michael Poe,
Legislative and Regulatory Staff.
Agricultural Marketing Service--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
139....................... National Bioengineered 0581-AD54
Food Disclosure Standard
(Reg Plan Seq No. 1).
140....................... NOP: Organic Livestock and 0581-AD75
Poultry Practices (Reg
Plan Seq No. 2).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Agricultural Marketing Service--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
141....................... NOP; Organic Livestock and 0581-AD44
Poultry Practices.
142....................... Growers' Trust Protection 0581-AD50
Eligibility and the
Clarification of
``Written Notifications''
as Set Forth in Section
6(b) of the PACA.
143....................... Organic Research, 0581-AD55
Promotion, and
Information Order/
Referendum Procedures.
------------------------------------------------------------------------
Agricultural Marketing Service--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
144....................... Sunset 2017 Amendments to 0581-AD52
the National List.
145....................... NOP; Organic Livestock and 0581-AD74
Poultry Practices.
------------------------------------------------------------------------
Animal and Plant Health Inspection Service--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
146....................... Plant Pest Regulations; 0579-AC98
Update of General
Provisions.
147....................... Bovine Spongiform 0579-AD10
Encephalopathy and
Scrapie; Importation of
Small Ruminants and Their
Germplasm, Products, and
Byproducts.
148....................... Establishing a Performance 0579-AD71
Standard for Authorizing
the Importation and
Interstate Movement of
Fruits and Vegetables.
[[Page 1825]]
149....................... Importation of Fresh 0579-AD95
Citrus Fruit From the
Republic of South Africa
Into the Continental
United States.
150....................... Animal Welfare; 0579-AD99
Establishing De Minimis
Exemptions From Licensing
(Reg Plan Seq No. 5).
151....................... VSTA Records and Reports 0579-AE11
Specific to International
Standards for
Pharmacovigilance.
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Animal and Plant Health Inspection Service--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
152....................... Importation of Fresh 0579-AE12
Pitahaya Fruit From
Ecuador Into the
Continental United States.
153....................... Importation of Hass 0579-AE29
Avocados From Colombia.
------------------------------------------------------------------------
Grain Inspection, Packers and Stockyards Administration--Completed
Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
154....................... Clarification of Scope.... 0580-AB25
155....................... Unfair Practices and 0580-AB27
Unreasonable Preference.
156....................... Scope of Sections 202(a) 0580-AB28
and (b) of the Packers
and Stockyards Act.
------------------------------------------------------------------------
Food Safety and Inspection Service--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
157....................... Elimination of Trichina 0583-AD59
Control Regulations and
Consolidation of
Thermally Processed,
Commercially Sterile
Regulations.
------------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE (USDA)
Agricultural Marketing Service (AMS)
Proposed Rule Stage
139. National Bioengineered Food Disclosure Standard
Regulatory Plan: This entry is Seq. No. 1 in part II of this issue
of the Federal Register.
RIN: 0581-AD54
140. NOP: Organic Livestock and Poultry Practices
Regulatory Plan: This entry is Seq. No. 2 in part II of this issue
of the Federal Register.
RIN: 0581-AD75
DEPARTMENT OF AGRICULTURE (USDA)
Agricultural Marketing Service (AMS)
Final Rule Stage
141. NOP; Organic Livestock and Poultry Practices
E.O. 13771 Designation: Other.
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, 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................ 05/14/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Tucker, Associate 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
142. Growers' Trust Protection Eligibility and the Clarification of
``Written Notifications'' as Set Forth in Section 6(B) of the PACA
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 7 U.S.C. 499
Abstract: The proposed revisions to the regulations would provide
greater direction to growers that employ growers' agents on how they
may preserve their trust rights under the Perishable Agricultural
Commodities Act (PACA). The proposed revisions would also clarify the
definition of written notification and the jurisdiction of the USDA to
investigate alleged violations under the PACA.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/14/16 81 FR 90255
NPRM Comment Period End............. 02/13/17 .......................
Comment Period Extended............. 02/17/17 82 FR 10966
Comment Period End.................. 03/15/17 .......................
Final Action........................ 11/00/17 .......................
------------------------------------------------------------------------
[[Page 1826]]
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Judith Wey Rudman, Director PACA Division,
Department of Agriculture, Agricultural Marketing Service, 14th &
Independence Avenue SW, Washington, DC 20250, Phone: 202 720-9404,
Email: [email protected].
RIN: 0581-AD50
143. Organic Research, Promotion, and Information Order/Referendum
Procedures
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 7 U.S.C. 7411 to 7425; 7 U.S.C. 7401
Abstract: This rule invites comments on a proposed national
research and promotion (R&P) program for certified organic products.
The proposed program 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.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/18/17 82 FR 5438
Comment Period End.................. 03/20/17 .......................
Final Rule.......................... 12/00/17 .......................
------------------------------------------------------------------------
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
144. Sunset 2017 Amendments to the National List
E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 7 U.S.C. 6501 to 6522
Abstract: This rule addresses eleven 2017 sunset review
recommendations submitted to the Secretary by the National Organic
Standards Board (NOSB) following their October 2015 meeting.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 07/06/17 82 FR 31241
Final Action Effective.............. 08/07/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Miles V. McEvoy, Phone: 202 720-3252.
RIN: 0581-AD52
145. NOP; Organic Livestock and Poultry Practices
E.O. 13771 Designation: Deregulatory.
Legal Authority: 7 U.S.C. 6501 to 6522
Abstract: Because of significant policy and legal issues within the
final rule (0581-AD44), the public was asked to comment on which of the
following four actions they believed would be best for USDA to take
with regard to the disposition of the final rule (0581-AD44). The
options were:
Let the rule become effective on November 14, 2017;
Suspend the rule indefinitely;
Delay the effective date of the rule further, beyond the
effective date of November 14, 2017; and
Withdraw the rule so that USDA would not pursue
implementation of the rule.
Comments were received on all four options. Based on the content of
the comments received and the evaluation those comments generated, this
action will determine the disposition of the Organic Livestock and
Poultry Practices rule published on January 19, 2017. The option chosen
was to Delay the effective date of the rule further, beyond the
effective date of November 14, 2017.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/10/17 82 FR 21742
Final Rule; Delay of Effective Date. 11/14/17 82 FR 52643
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Tucker, Phone: 202 720-3252.
RIN: 0581-AD74
BILLING CODE 3410-02-P
DEPARTMENT OF AGRICULTURE (USDA)
Animal and Plant Health Inspection Service (APHIS)
Final Rule Stage
146. Plant Pest Regulations; Update of General Provisions
E.O. 13771 Designation: Deregulatory.
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 and 4332
Abstract: We are revising our regulations regarding the movement of
plant pests. We are establishing criteria regarding the movement and
environmental release of biological control organisms, and establishing
regulations to allow the importation and movement in interstate
commerce of certain types of plant pests without restriction by
granting exceptions from permitting requirements for those pests. We
are also revising our regulations regarding the movement of soil. This
action clarifies the factors that would be considered when assessing
the risks associated with the movement of certain organisms and
facilitates the movement of regulated organisms and articles in a
manner that also protects U.S. agriculture.
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................................ 01/19/17 82 FR 6980
NPRM Comment Period Extended........ 02/13/17 82 FR 10444
NPRM Comment Period End............. 04/19/17 .......................
Final Rule.......................... 02/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Colin Stewart, Assistant Director, Pests,
Pathogens, and Biocontrol Permits, PPQ, Department of Agriculture,
Animal and Plant Health Inspection Service, 4700 River Road, Unit 133,
Riverdale, MD 20737-1236, Phone: 301 851-2237.
RIN: 0579-AC98
147. Bovine Spongiform Encephalopathy and Scrapie; Importation of Small
Ruminants and Their Germplasm, Products, and Byproducts
E.O. 13771 Designation: Deregulatory.
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 amends the bovine spongiform
encephalopathy (BSE) and scrapie regulations regarding the importation
of live sheep, goats, and
[[Page 1827]]
wild ruminants and their embryos, semen, products, and byproducts. The
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................................ 07/18/16 81 FR 46619
NPRM Comment Period End............. 09/16/16 .......................
Final Rule.......................... 02/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Langston Hull, Senior Staff Veterinary Medical
Officer, Animal Permitting and Negotiating Services, VS, Department of
Agriculture, Animal and Plant Health Inspection Service, 4700 River
Road, Unit 39, Riverdale, MD 20737-1231, Phone: 301 851-3300.
RIN: 0579-AD10
148. Establishing a Performance Standard for Authorizing the
Importation and Interstate Movement of Fruits and Vegetables
E.O. 13771 Designation: Deregulatory.
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
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
149. Importation of Fresh Citrus Fruit From the Republic of
South Africa Into the Continental United States
E.O. 13771 Designation: Deregulatory.
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 fruits and vegetables
regulations to allow the importation of several varieties of fresh
citrus fruit, as well as citrus hybrids, into the continental United
States from areas in the Republic of South Africa where citrus black
spot has been known to occur. As a condition of entry, the fruit will
have to be produced in accordance with a systems approach that includes
shipment traceability, packinghouse registration and procedures, and
phytosanitary treatment. The fruit will also be required to be imported
in commercial consignments and accompanied by a phytosanitary
certificate issued by the national plant protection organization of the
Republic of South Africa with an additional declaration confirming that
the fruit has been produced in accordance with the systems approach.
This action will allow for the importation of fresh citrus fruit,
including citrus hybrids, from the Republic of South Africa while
continuing to provide protection against the introduction of plant
pests into the United States.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/28/14 79 FR 51273
NPRM Comment Period End............. 10/27/14 .......................
Final Action........................ 06/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Marc Phillips, Senior Regulatory Policy 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: 301 851-2114.
RIN: 0579-AD95
150. Animal Welfare; Establishing De Minimis Exemptions From Licensing
Regulatory Plan: This entry is Seq. No. 5 in part II of this issue
of the Federal Register.
RIN: 0579-AD99
151. VSTA Records and Reports Specific to International
Standards for Pharmacovigilance
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 21 U.S.C. 151 to 159
Abstract: This rulemaking will amend the Virus-Serum-Toxin Act
regulations concerning records and reports. This change requires
veterinary biologics licensees and permittees to record and submit
reports concerning adverse events associated with the use of biological
products they produce or distribute. The information that must be
included in the adverse event reports submitted to the Animal and Plant
Health Inspection Service will be provided in separate guidance
documents. These records and reports will help ensure that APHIS can
provide complete and accurate information to consumers regarding
adverse reactions or other problems associated with the use of licensed
biological products.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/04/15 80 FR 53475
[[Page 1828]]
NPRM Comment Period End............. 11/03/15 .......................
Final Rule.......................... 12/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna L. Malloy, Operational Support Section,
Center for Veterinary Biologics, Policy, Evaluation, and Licensing, VS,
Department of Agriculture, Animal and Plant Health Inspection Service,
4700 River Road, Unit 148, Riverdale, MD 20737-1231, Phone: 301 851-
3426.
RIN: 0579-AE11
DEPARTMENT OF AGRICULTURE (USDA)
Animal and Plant Health Inspection Service (APHIS)
Completed Actions
152. Importation of Fresh Pitahaya Fruit From Ecuador Into the
Continental United States
E.O. 13771 Designation: Deregulatory.
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 fresh pitahaya fruit into the
continental United States from Ecuador. As a condition of entry, the
fruit will have to be produced in accordance with a systems approach
that includes requirements for fruit fly trapping, pre-harvest
inspections, approved production sites, and packinghouse procedures
designed to exclude quarantine pests. The fruit will also be required
to be imported in commercial consignments and accompanied by a
phytosanitary certificate issued by the national plant protection
organization of Ecuador stating that the consignment was produced and
prepared for export in accordance with the requirements of the systems
approach. This action allows for the importation of fresh pitahaya
fruit from Ecuador while continuing to provide protection against the
introduction of plant pests into the United States.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 06/20/17 82 FR 27967
Final Rule Effective................ 07/20/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Claudia Ferguson, Phone: 301 851-2352.
RIN: 0579-AE12.
153. Importation of Hass Avocados From Colombia
E.O. 13771 Designation: Deregulatory.
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 to allow the
importation of fresh Hass avocado fruit from Colombia into the
continental United States. As a condition of entry, fresh Hass avocado
fruit from Colombia will have to be produced in accordance with a
systems approach that includes orchard and packinghouse requirements
and port of entry inspection. The fruit will also be required to be
imported in commercial consignments and accompanied by a phytosanitary
certificate issued by the national plant protection organization of
Colombia with an additional declaration stating that the fruit has been
produced in accordance with the requirements. This action allows for
the importation of fresh Hass avocado fruit from Colombia while
continuing to provide protection against the introduction of plant
pests into the continental United States.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/27/16 81 FR 74722
NPRM Comment Period End............. 03/20/17 .......................
NPRM Comment Period Reopened........ 01/17/17 82 FR 4798
NPRM Comment Period Extended........ 02/10/17 82 FR 10312
Final Rule.......................... 08/15/17 82 FR 38591
Final Rule Effective................ 09/14/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: David B. Lamb, Senior Regulatory Policy Specialist,
IRM, PPQ, Department of Agriculture, Animal and Plant Health Inspection
Service, 4700 River Road, Unit 133, Riverdale, MD 20737-1231, Phone:
301 851-2103.
RIN: 0579-AE29
BILLING CODE 3410-34-P
DEPARTMENT OF AGRICULTURE (USDA)
Grain Inspection, Packers and Stockyards Administration (GIPSA)
Completed Actions
154. Clarification of Scope
E.O. 13771 Designation: Regulatory.
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. 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 sought
additional comments through a new proposed rule on possible actions the
Department may take that will result in delayed full implementation of
the rule. GIPSA published a notice delaying the effective date of the
interim final rule for an additional 180 days, until October 19, 2017.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Notice.............................. 04/12/17 82 FR 17531
Interim Final Rule Effective........ 10/19/17 .......................
Withdrawn........................... 10/18/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Raymond Dexter Thomas, Phone: 202 720-6529, Fax:
202 690-2173, Email: [email protected].
RIN: 0580-AB25
155. Unfair Practices and Unreasonable Preference
E.O. 13771 Designation: Regulatory.
Legal Authority: Pub. L. 110-246; 7 U.S.C. 181-229c
Abstract: Title XI of the 2008 Farm Bill required the Secretary of
Agriculture to issue a number of regulations under the P&S Act. Among
these instructions, the 2008 Farm Bill directed the Secretary to
identify criteria to be considered in determining whether an undue or
unreasonable preference or advantage has occurred in violation of the
P&S Act. In June of 2010, the Grain Inspection, Packers and Stockyards
Administration (GIPSA) published a proposed rule addressing this
statutory requirement along with several other rules required by the
2008 Farm Bill. Proposed 201.211 to the regulations under the P&S Act
would
[[Page 1829]]
have established criteria that the Secretary may consider in
determining if conduct would violate section 202(b) of the P&S Act
(undue or unreasonable preference or advantage). While many commenters
provided examples of similarly situated poultry growers and livestock
producers receiving different treatment, other commenters were
concerned about the impacts of the provision on marketing arrangements
and other beneficial contractual agreements. Beginning with the FY 2012
appropriations act, USDA was precluded from working on certain proposed
regulatory provisions related to the P&S Act, including criteria in
this proposal regarding undue or unreasonable preferences or
advantages. Consequently, GIPSA did not finalize this rule in 2011. The
prohibitions are not included in the Consolidated Appropriations Act,
2016. This rulemaking is necessary to fulfill statutory requirements.
Section 201.210 will illustrate by way of examples types of conduct
GIPSA would consider unfair, unjustly discriminatory, or deceptive.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Raymond Dexter Thomas, Phone: 202 720-6529, Fax:
202 690-2173, Email: [email protected].
RIN: 0580-AB27
156. Scope of Sections 202(A) and (B) of the Packers and Stockyards Act
E.O. 13771 Designation: Deregulatory.
Legal Authority: Pub. L. 110-246; 7 U.S.C. 181 to 229c
Abstract: Through this action, GIPSA sought additional comments on
possible actions the Department may take on 0580-AB25.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/12/17 82 FR 17594
Final Action; Withdrawal............ 10/18/17 82 FR 48594
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Raymond Dexter Thomas, Phone: 202 720-6529, Fax:
202 690-2173, Email: [email protected].
RIN: 0580-AB28
BILLING CODE 3410-EN-P
DEPARTMENT OF AGRICULTURE (USDA)
Food Safety and Inspection Service (FSIS)
Final Rule Stage
157. Elimination of Trichina Control Regulations and Consolidation of
Thermally Processed, Commercially Sterile Regulations
E.O. 13771 Designation: Deregulatory.
Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq.
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.......................... 12/00/17 .......................
------------------------------------------------------------------------
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: [email protected].
RIN: 0583-AD59
[FR Doc. 2017-28205 Filed 1-11-18; 8:45 am]
BILLING CODE 3410-DM-P
