Semiannual Regulatory Agenda, Spring 2018, 27091-27097 [2018-11232]
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Vol. 83
Monday,
No. 112
June 11, 2018
Part III
Department of Agriculture
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Federal Register / Vol. 83, No. 112 / Monday, June 11, 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,
Spring 2018
Office of the Secretary, USDA.
Semiannual regulatory agenda.
AGENCY:
ACTION:
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
SUMMARY:
‘‘Regulatory Planning and Review,’’
13563, ‘‘Improving Regulation and
Regulatory Review,’’ 13771 ‘‘Reducing
Regulation and Controlling Regulatory
Costs,’’ and 13777, ‘‘Enforcing the
Regulatory Reform Agenda.’’ 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 Executive
Order 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: February 28, 2018.
Michael Poe,
Legislative and Regulatory Staff.
AGRICULTURAL MARKETING SERVICE—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
1 ........................
National Bioengineered Food Disclosure Standard .........................................................................................
0581–AD54
AGRICULTURAL MARKETING SERVICE—COMPLETED ACTIONS
Sequence No.
2
3
4
5
6
7
........................
........................
........................
........................
........................
........................
8 ........................
9 ........................
Regulation
Identifier No.
Title
National Organic Program, Origin of Livestock ...............................................................................................
National Organic Program, Organic Pet Food Standards ...............................................................................
National Organic Program; Sunset Review (2012) for Sodium Nitrate ...........................................................
National Organic Program, Organic Apiculture Practice Standard .................................................................
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 ...........................................
NOP—Organic Livestock and Poultry Practices—Withdrawal ........................................................................
0581–AD08
0581–AD20
0581–AD22
0581–AD31
0581–AD44
0581–AD50
0581–AD55
0581–AD75
ANIMAL AND PLANT HEALTH INSPECTION SERVICE—PROPOSED RULE STAGE
Regulation
Identifier No.
Title
10 ......................
11 ......................
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Sequence No.
Branding Requirements for Bovines Imported Into the United States From Mexico ......................................
Removal of Emerald Ash Borer Domestic Quarantine Regulations ................................................................
0579–AE38
0579–AE42
ANIMAL AND PLANT HEALTH INSPECTION SERVICE—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
12 ......................
13 ......................
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.
14 ......................
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0579–AD10
0579–AD71
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ANIMAL AND PLANT HEALTH INSPECTION SERVICE—FINAL RULE STAGE—Continued
Sequence No.
15
16
17
18
......................
......................
......................
......................
Regulation
Identifier No.
Title
Importation of Fresh Citrus Fruit From the Republic of South Africa Into the Continental United States ......
Animal Welfare; Establishing De Minimis Exemptions From Licensing ..........................................................
VSTA Records and Reports Specific to International Standards for Pharmacovigilance ...............................
Conditions for Payment of Highly Pathogenic Avian Influenza Indemnity Claims ..........................................
0579–AD95
0579–AD99
0579–AE11
0579–AE14
ANIMAL AND PLANT HEALTH INSPECTION SERVICE—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
19 ......................
20 ......................
Restructuring of Regulations on the Importation of Plants for Planting ..........................................................
Importation of Campanula Spp. Plants for Planting in Approved Growing Media From Denmark to the
United States.
0579–AD75
0579–AE31
FOOD SAFETY AND INSPECTION SERVICE—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
21 ......................
Elimination of Trichina Control Regulations and Consolidation of Thermally Processed, Commercially
Sterile Regulations.
DEPARTMENT OF AGRICULTURE
(USDA)
DEPARTMENT OF AGRICULTURE
(USDA)
Agricultural Marketing Service (AMS)
Agricultural Marketing Service (AMS)
Proposed Rule Stage
Completed Actions
1. National Bioengineered Food
Disclosure Standard
2. National Organic Program, Origin of
Livestock
E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 114–216; 7
U.S.C. 1621 to 1627
Abstract: On July 29, 2016, the
Agricultural Marketing Act of 1946 was
amended to establish a National
Bioengineered Food Disclosure
Standard (Law) (Pub. L. 114–216).
Pursuant to the law, this NPRM will
propose requirements that, if finalized,
will serve as a national mandatory
bioengineered food disclosure standard
for bioengineered food and food that
may be bioengineered.
Timetable:
Action
Date
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NPRM ..................
Final Action .........
FR Cite
05/00/18
07/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Arthur Neal, Deputy
Administrator, Transportation and
Marketing, Department of Agriculture,
Agricultural Marketing Service,
Washington, DC 20250, Phone: 202 692–
1300.
RIN: 0581–AD54
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E.O. 13771 Designation:
Legal Authority: 7 U.S.C. 6501
Abstract: The current regulations
provide two tracks for replacing dairy
animals which are tied to how dairy
farmers transition to organic production.
Farmers who transition an entire
distinct herd must thereafter replace
dairy animals with livestock that has
been under organic management from
the last third of gestation. Farmers who
do not transition an entire distinct herd
may perpetually obtain replacement
animals that have been managed
organically for 12 months prior to
marketing milk or milk products as
organic. The proposed action would
eliminate the two-track system and
require that upon transition, all existing
and replacement dairy animals from
which milk or milk products are
intended to be sold, labeled, or
represented as organic must be managed
organically from the last third of
gestation.
Completed:
Reason
Date
Withdrawn ...........
FR Cite
03/01/18
Regulatory Flexibility Analysis
Required: Yes.
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0583–AD59
Agency Contact: Jennifer Tucker,
Phone: 202 720–3252.
RIN: 0581–AD08
3. National Organic Program, Organic
Pet Food Standards
E.O. 13771 Designation:
Legal Authority: 7 U.S.C. 6501
Abstract: The National Organic
Program (NOP) establishes national
standards governing the marketing of
organically produced agricultural
products. In 2004, the National Organic
Standards Board (NOSB) initiated the
development of organic pet food
standards, which had not been
incorporated into the NOP regulations,
by forming a task force which included
pet food manufacturers, organic
consultants, etc. Collectively, these
experts drafted organic pet food
standards consistent with the Organic
Foods Production Act of 1990, Food and
Drug Administration requirements, and
the Association of American Feed
Control Officials Model Regulations for
Pet and Specialty Pet Food. The
Association of American Feed Control
Officials regulations are scientifically
based regulations for voluntary adoption
by State jurisdictions to ensure the
safety, quality, and effectiveness of feed.
In November 2008, the NOSB approved
a final recommendation for organic pet
food standards incorporating the
provisions drafted by the pet food task
force.
Completed:
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Reason
Date
Withdrawn ...........
FR Cite
03/01/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jennifer Tucker,
Phone: 202 720–3252.
RIN: 0581–AD20
4. National Organic Program; Sunset
Review (2012) for Sodium Nitrate
E.O. 13771 Designation:
Legal Authority: 7 U.S.C. 6501
Abstract: This action proposes to
amend the listing for sodium nitrate on
the National List of Allowed and
Prohibited Substances as part of the
2012 sunset review process. Consistent
with the recommendation from the
National Organic Standards Board, this
amendment would prohibit the use of
the substance in its entirety from
organic crop production.
Completed:
Reason
Date
Withdrawn ...........
FR Cite
03/01/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Melissa Bailey,
Phone: 202 720–6394, Email:
melissa.bailey@usda.gov.
RIN: 0581–AD22
5. National Organic Program, Organic
Apiculture Practice Standard
E.O. 13771 Designation:
Legal Authority: 7 U.S.C. 6501
Abstract: This action proposes to
amend the USDA organic regulations to
reflect an October 2010
recommendation submitted to the
Secretary by the National Organic
Standards Board (NOSB) concerning the
production of organic apicultural (or
beekeeping) products.
Completed:
Reason
Date
Withdrawn ...........
FR Cite
03/01/18
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jennifer Tucker,
Phone: 202 720–3252.
RIN: 0581–AD31
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
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Reason
Date
Final Rule Effective.
Withdrawn ...........
FR Cite
05/14/18
03/13/18
83 FR 10775
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jennifer Tucker,
Phone: 202 720–3252.
RIN: 0581–AD44
7. 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.
Completed:
Reason
Date
Final Action .........
Final Action Effective.
02/06/18
03/08/18
FR Cite
83 FR 5175
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
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Act and its implementing regulations as
well as organic products imported into
the U.S. under an organic equivalency
arrangement.
Completed:
Reason
Withdrawn ...........
Date
FR Cite
01/22/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Heather Pichelman,
Phone: 202 720–9915.
RIN: 0581–AD55
9. NOP—Organic Livestock and Poultry
Practices—Withdrawal
E.O. 13771 Designation: Deregulatory.
Legal Authority: 7 U.S.C. 6501 to 6522
Abstract: This final rule withdraws
the Organic Livestock and Poultry
Practices final rule, published on
January 19, 2017.
Completed:
Reason
NPRM ..................
Final Rule; Withdrawal.
Final Rule Withdrawal Effective.
Date
12/18/17
03/13/18
FR Cite
82 FR 59988
83 FR 10775
05/13/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jennifer Tucker,
Phone: 202 720–3252.
RIN: 0581–AD75
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
(USDA)
Animal and Plant Health Inspection
Service (APHIS)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Judith Wey Rudman,
Phone: 202 720–9404, Email:
judithw.rudman@ams.usda.gov.
RIN: 0581–AD50
8. Organic Research, Promotion, and
Information Order/Referendum
Procedures
6. NOP; Organic Livestock and Poultry
Practices
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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, and
euthanasia), and animal handling and
transport to and during slaughter.
Completed:
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10. • Branding Requirements for
Bovines Imported Into the United States
From Mexico
E.O. 13771 Designation: Deregulatory.
Legal Authority: 7 U.S.C. 1622; 7
U.S.C. 8301 to 8317; 21 U.S.C. 136 and
136a; 31 U.S.C. 9701
Abstract: This rulemaking would
amend the regulations regarding the
branding of bovines imported into the
United States from Mexico. We are
taking this action at the request of the
Government of Mexico to address issues
that have arisen with the branding
requirement for these bovines. The
changes we are proposing would help
prevent inconsistencies in branding that
can result in bovines being rejected for
import into the United States.
Timetable:
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Action
Date
NPRM ..................
NPRM Comment
Period End.
04/12/18
06/11/18
FR Cite
83 FR 15756
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Betzaida Lopez,
Senior Staff Veterinarian, National
Import Export Services, VS, Department
of Agriculture, Animal and Plant Health
Inspection Service, 4700 River Road,
Unit 39, Riverdale, MD 20737, Phone:
301 851–3300.
RIN: 0579–AE38
11. • Removal of Emerald Ash Borer
Domestic Quarantine Regulations
E.O. 13771 Designation: Deregulatory.
Legal Authority: 7 U.S.C. 7701 to
7772; 7 U.S.C. 7781 to 7786
Abstract: This rulemaking would
remove the domestic quarantine
regulations for the plant pest emerald
ash borer. This action would
discontinue the domestic regulatory
component of the emerald ash borer
program as a means to more effectively
direct available resources toward
management and containment of the
pest. Funding previously allocated to
the implementation and enforcement of
these domestic quarantine regulations
would instead be directed to a nonregulatory option of research into, and
deployment of, biological control agents
for emerald ash borer, which would
serve as the primary tool to mitigate and
control the pest.
Timetable:
Action
Date
NPRM ..................
FR Cite
07/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Robyn Rose, National
Policy Manager, PPQ, Department of
Agriculture, Animal and Plant Health
Inspection Service, 4700 River Road,
Unit 26, Riverdale, MD 20737–1231,
Phone: 301 851–2283.
RIN: 0579–AE42
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DEPARTMENT OF AGRICULTURE
(USDA)
Animal and Plant Health Inspection
Service (APHIS)
Final Rule Stage
12. 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.
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7781 to 7786; 7 U.S.C. 8301 to 8817; 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
Notice of Intent
To Prepare an
Environmental
Impact Statement.
Notice Comment
Period End.
NPRM ..................
NPRM Comment
Period Extended.
NPRM Comment
Period End.
Final Rule ............
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
09/00/18
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
13. 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
wild ruminants and their embryos,
semen, products, and byproducts. The
scrapie revisions regarding the
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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
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Date
07/18/16
09/16/16
FR Cite
81 FR 46619
07/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alexandra
MacKenzie, Veterinary Medical Officer,
Animal Permitting and Negotiating
Services, NIES, VS, Department of
Agriculture, Animal and Plant Health
Inspection Service, 4700 River Road,
Unit 39, Riverdale, MD 20737, Phone:
301 851–3300.
RIN: 0579–AD10
14. 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
requirements from those regulations.
This action will allow for the
consideration of requests to authorize
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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
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
08/28/14
10/27/14
FR Cite
79 FR 51273
09/00/18
03/10/15
07/00/18
16. Animal Welfare; Establishing De
Minimis Exemptions From Licensing
01/09/15
02/06/15
80 FR 6665
15. Importation of Fresh Citrus Fruit
From the Republic of South Africa Into
the Continental United States
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Action
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
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
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
VerDate Sep<11>2014
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:
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E.O. 13771 Designation: Deregulatory.
Legal Authority: 7 U.S.C. 2131 to 2159
Abstract: In the 2014 Farm Bill,
Congress amended the Animal Welfare
Act (AWA) to provide the Secretary of
Agriculture with the authority to
determine what facilities and activities
involving AWA-regulated animals are
de minimis and therefore exempt from
licensure and oversight. We are
amending the AWA regulations to enact
this new provision. This change
provides APHIS with the flexibility to
exempt from licensing those dealers and
exhibitors who provide adequate levels
of humane care to their animals,
allowing us to target our enforcement
resources where they are most needed.
Dealers and exhibitors operating at or
below the threshold will be exempted
from APHIS licensing and oversight
under the AWA.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
08/04/16
11/02/16
FR Cite
81 FR 51386
06/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kay Carter-Corker,
Director, National Policy Staff, Animal
Care, Department of Agriculture,
Animal and Plant Health Inspection
Service, 4700 River Road, Unit 84,
PO 00000
Frm 00006
Fmt 4701
Sfmt 4702
Riverdale, MD 20737, Phone: 301 851–
3748.
RIN: 0579–AD99
17. 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 ..................
NPRM Comment
Period End.
Final Rule ............
Date
09/04/15
11/03/15
FR Cite
80 FR 53475
06/00/18
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
18. Conditions for Payment of Highly
Pathogenic Avian Influenza Indemnity
Claims
E.O. 13771 Designation: Other.
Legal Authority: 7 U.S.C. 8301 to 8317
Abstract: We are adopting as a final
rule, with changes, an interim rule that
amended the regulations pertaining to
certain diseases of livestock and poultry
to specify conditions for payment of
indemnity claims for highly pathogenic
avian influenza (HPAI). The interim rule
provided a formula allowing us to split
such payments between poultry and egg
owners and parties with which the
owners enter into contracts to raise or
care for the eggs or poultry based on the
proportion of the production cycle
completed. That action was necessary to
ensure that all contractors are
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11JNP3
Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda
compensated appropriately. The interim
rule also clarified an existing policy
regarding the payment of indemnity for
eggs destroyed due to HPAI and
required a statement from owners and
contractors, unless specifically
exempted, indicating that at the time of
detection of HPAI in their facilities, they
had in place and were following a
biosecurity plan aimed at keeping HPAI
from spreading to commercial premises.
Timetable:
Action
Date
Interim Final Rule
Interim Final Rule
Effective.
Interim Final Rule
Comment Period End.
Final Rule ............
02/09/16
02/09/16
FR Cite
81 FR 6745
04/11/16
10/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Troy Bigelow, Senior
Staff Veterinarian, Surveillance,
Preparedness and Response Services,
VS, Department of Agriculture, Animal
and Plant Health Inspection Service,
Federal Building, Room 891, 210
Walnut Street, Des Moines, IA 50309,
Phone: 515 284–4121.
RIN: 0579–AE14
Animal and Plant Health Inspection
Service (APHIS)
daltland on DSKBBV9HB2PROD with PROPOSALS3
Completed Actions
19. Restructuring of Regulations on the
Importation of Plants for Planting
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; 31 U.S.C. 9701
Abstract: We are consolidating the
regulations governing the importation of
all plants for planting under the ‘‘plants
for planting’’ regulations and adding
prohibited plants for planting to the list
of plants whose importation is not
authorized pending pest risk analysis.
This consolidation will move
restrictions on the importation of
specific types of plants for planting from
the regulations to the Plants for Planting
Manual (PPM). Under the rule, changes
to these restrictions will be made after
taking public comment on notices
published in the Federal Register,
rather than through proposed rules and
final rules as we currently do. As part
of this consolidation, we are removing
20:13 Jun 08, 2018
Jkt 244001
Reason
Date
Final Rule ............
Final Rule Effective.
03/19/18
04/18/18
FR Cite
83 FR 11845
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Shailaja Rabindran,
Phone: 301 851–2167.
RIN: 0579–AD75
DEPARTMENT OF AGRICULTURE
(USDA)
VerDate Sep<11>2014
several lists of approved items (for
example, the lists of approved growing
media, packing materials, and ports of
entry) from the regulations; these lists
will be provided to the public in the
PPM. We proposed to update these lists,
when necessary, using the same sort of
notice-based process as will be used to
update restrictions on specific types of
plants for planting. We are also
establishing a framework for the use of
integrated pest risk management
measures (IPRMS) in the production of
specific types of plants for planting for
importation into the United States,
when the pest risk associated with the
importation of a type of plants for
planting can only be addressed through
the use of integrated measures. This
action does not make any major changes
to the restrictions that currently apply to
the importation of plants for planting.
These changes will make restrictions on
the importation of specific types of
plants for planting easier for readers to
find and allow us to more easily make
changes.
Completed:
20. Importation of Campanula Spp.
Plants for Planting in Approved
Growing Media From Denmark to the
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 regulations governing the
importation of plants for planting to
authorize the importation of Campanula
spp. plants for planting from Denmark
in approved growing media into the
United States, subject to a systems
approach. The systems approach will
consist of measures that are currently
specified in the regulations as generally
applicable to all plants for planting
authorized importation into the United
States in approved growing media. This
action will allow for the importation of
Campanula spp. plants for planting from
Denmark in approved growing media,
while providing protection against the
introduction of plant pests.
PO 00000
Frm 00007
Fmt 4701
Sfmt 9990
27097
Completed:
Reason
Final Rule ............
Final Rule Effective.
Date
03/15/18
04/16/18
FR Cite
83 FR 11395
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Narasimha Samboju,
Phone: 301 851–2038.
RIN: 0579–AE31
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
(USDA)
Food Safety and Inspection Service
(FSIS)
Final Rule Stage
21. 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.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
03/28/16
06/27/16
FR Cite
81 FR 17337
05/00/18
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. 2018–11232 Filed 6–8–18; 8:45 am]
BILLING CODE 3410–DM–P
E:\FR\FM\11JNP3.SGM
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Agencies
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Unknown Section]
[Pages 27091-27097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11232]
[[Page 27091]]
Vol. 83
Monday,
No. 112
June 11, 2018
Part III
Department of Agriculture
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 83 , No. 112 / Monday, June 11, 2018 /
Unified Agenda
[[Page 27092]]
-----------------------------------------------------------------------
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 2018
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,''
13563, ``Improving Regulation and Regulatory Review,'' 13771 ``Reducing
Regulation and Controlling Regulatory Costs,'' and 13777, ``Enforcing
the Regulatory Reform Agenda.'' 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 Executive Order
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: February 28, 2018.
Michael Poe,
Legislative and Regulatory Staff.
Agricultural Marketing Service--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
1......................... National Bioengineered 0581-AD54
Food Disclosure Standard.
------------------------------------------------------------------------
Agricultural Marketing Service--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
2......................... National Organic Program, 0581-AD08
Origin of Livestock.
3......................... National Organic Program, 0581-AD20
Organic Pet Food
Standards.
4......................... National Organic Program; 0581-AD22
Sunset Review (2012) for
Sodium Nitrate.
5......................... National Organic Program, 0581-AD31
Organic Apiculture
Practice Standard.
6......................... NOP; Organic Livestock and 0581-AD44
Poultry Practices.
7......................... Growers' Trust Protection 0581-AD50
Eligibility and the
Clarification of
``Written Notifications''
as Set Forth in Section
6(b) of the PACA.
8......................... Organic Research, 0581-AD55
Promotion, and
Information Order/
Referendum Procedures.
9......................... NOP--Organic Livestock and 0581-AD75
Poultry Practices--
Withdrawal.
------------------------------------------------------------------------
Animal and Plant Health Inspection Service--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
10........................ Branding Requirements for 0579-AE38
Bovines Imported Into the
United States From Mexico.
11........................ Removal of Emerald Ash 0579-AE42
Borer Domestic Quarantine
Regulations.
------------------------------------------------------------------------
Animal and Plant Health Inspection Service--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
12........................ Plant Pest Regulations; 0579-AC98
Update of General
Provisions.
13........................ Bovine Spongiform 0579-AD10
Encephalopathy and
Scrapie; Importation of
Small Ruminants and Their
Germplasm, Products, and
Byproducts.
14........................ Establishing a Performance 0579-AD71
Standard for Authorizing
the Importation and
Interstate Movement of
Fruits and Vegetables.
[[Page 27093]]
15........................ Importation of Fresh 0579-AD95
Citrus Fruit From the
Republic of South Africa
Into the Continental
United States.
16........................ Animal Welfare; 0579-AD99
Establishing De Minimis
Exemptions From Licensing.
17........................ VSTA Records and Reports 0579-AE11
Specific to International
Standards for
Pharmacovigilance.
18........................ Conditions for Payment of 0579-AE14
Highly Pathogenic Avian
Influenza Indemnity
Claims.
------------------------------------------------------------------------
Animal and Plant Health Inspection Service--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
19........................ Restructuring of 0579-AD75
Regulations on the
Importation of Plants for
Planting.
20........................ Importation of Campanula 0579-AE31
Spp. Plants for Planting
in Approved Growing Media
From Denmark to the
United States.
------------------------------------------------------------------------
Food Safety and Inspection Service--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
21........................ 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
1. National Bioengineered Food Disclosure Standard
E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 114-216; 7 U.S.C. 1621 to 1627
Abstract: On July 29, 2016, the Agricultural Marketing Act of 1946
was amended to establish a National Bioengineered Food Disclosure
Standard (Law) (Pub. L. 114-216). Pursuant to the law, this NPRM will
propose requirements that, if finalized, will serve as a national
mandatory bioengineered food disclosure standard for bioengineered food
and food that may be bioengineered.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/18 .......................
Final Action........................ 07/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Arthur Neal, Deputy Administrator, Transportation
and Marketing, Department of Agriculture, Agricultural Marketing
Service, Washington, DC 20250, Phone: 202 692-1300.
RIN: 0581-AD54
DEPARTMENT OF AGRICULTURE (USDA)
Agricultural Marketing Service (AMS)
Completed Actions
2. National Organic Program, Origin of Livestock
E.O. 13771 Designation:
Legal Authority: 7 U.S.C. 6501
Abstract: The current regulations provide two tracks for replacing
dairy animals which are tied to how dairy farmers transition to organic
production. Farmers who transition an entire distinct herd must
thereafter replace dairy animals with livestock that has been under
organic management from the last third of gestation. Farmers who do not
transition an entire distinct herd may perpetually obtain replacement
animals that have been managed organically for 12 months prior to
marketing milk or milk products as organic. The proposed action would
eliminate the two-track system and require that upon transition, all
existing and replacement dairy animals from which milk or milk products
are intended to be sold, labeled, or represented as organic must be
managed organically from the last third of gestation.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Withdrawn........................... 03/01/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Tucker, Phone: 202 720-3252.
RIN: 0581-AD08
3. National Organic Program, Organic Pet Food Standards
E.O. 13771 Designation:
Legal Authority: 7 U.S.C. 6501
Abstract: The National Organic Program (NOP) establishes national
standards governing the marketing of organically produced agricultural
products. In 2004, the National Organic Standards Board (NOSB)
initiated the development of organic pet food standards, which had not
been incorporated into the NOP regulations, by forming a task force
which included pet food manufacturers, organic consultants, etc.
Collectively, these experts drafted organic pet food standards
consistent with the Organic Foods Production Act of 1990, Food and Drug
Administration requirements, and the Association of American Feed
Control Officials Model Regulations for Pet and Specialty Pet Food. The
Association of American Feed Control Officials regulations are
scientifically based regulations for voluntary adoption by State
jurisdictions to ensure the safety, quality, and effectiveness of feed.
In November 2008, the NOSB approved a final recommendation for organic
pet food standards incorporating the provisions drafted by the pet food
task force.
Completed:
[[Page 27094]]
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Withdrawn........................... 03/01/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Tucker, Phone: 202 720-3252.
RIN: 0581-AD20
4. National Organic Program; Sunset Review (2012) for Sodium Nitrate
E.O. 13771 Designation:
Legal Authority: 7 U.S.C. 6501
Abstract: This action proposes to amend the listing for sodium
nitrate on the National List of Allowed and Prohibited Substances as
part of the 2012 sunset review process. Consistent with the
recommendation from the National Organic Standards Board, this
amendment would prohibit the use of the substance in its entirety from
organic crop production.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Withdrawn........................... 03/01/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Melissa Bailey, Phone: 202 720-6394, Email:
[email protected].
RIN: 0581-AD22
5. National Organic Program, Organic Apiculture Practice Standard
E.O. 13771 Designation:
Legal Authority: 7 U.S.C. 6501
Abstract: This action proposes to amend the USDA organic
regulations to reflect an October 2010 recommendation submitted to the
Secretary by the National Organic Standards Board (NOSB) concerning the
production of organic apicultural (or beekeeping) products.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Withdrawn........................... 03/01/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Tucker, Phone: 202 720-3252.
RIN: 0581-AD31
6. 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, and euthanasia), and
animal handling and transport to and during slaughter.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule Effective................ 05/14/18 .......................
Withdrawn........................... 03/13/18 83 FR 10775
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Tucker, Phone: 202 720-3252.
RIN: 0581-AD44
7. 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.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Action........................ 02/06/18 83 FR 5175
Final Action Effective.............. 03/08/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Judith Wey Rudman, Phone: 202 720-9404, Email:
[email protected].
RIN: 0581-AD50
8. 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.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Withdrawn........................... 01/22/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Heather Pichelman, Phone: 202 720-9915.
RIN: 0581-AD55
9. NOP--Organic Livestock and Poultry Practices--Withdrawal
E.O. 13771 Designation: Deregulatory.
Legal Authority: 7 U.S.C. 6501 to 6522
Abstract: This final rule withdraws the Organic Livestock and
Poultry Practices final rule, published on January 19, 2017.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/18/17 82 FR 59988
Final Rule; Withdrawal.............. 03/13/18 83 FR 10775
Final Rule Withdrawal Effective..... 05/13/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Tucker, Phone: 202 720-3252.
RIN: 0581-AD75
BILLING CODE 3410-02-P
DEPARTMENT OF AGRICULTURE (USDA)
Animal and Plant Health Inspection Service (APHIS)
Proposed Rule Stage
10. Branding Requirements for Bovines Imported Into the United
States From Mexico
E.O. 13771 Designation: Deregulatory.
Legal Authority: 7 U.S.C. 1622; 7 U.S.C. 8301 to 8317; 21 U.S.C.
136 and 136a; 31 U.S.C. 9701
Abstract: This rulemaking would amend the regulations regarding the
branding of bovines imported into the United States from Mexico. We are
taking this action at the request of the Government of Mexico to
address issues that have arisen with the branding requirement for these
bovines. The changes we are proposing would help prevent
inconsistencies in branding that can result in bovines being rejected
for import into the United States.
Timetable:
[[Page 27095]]
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/12/18 83 FR 15756
NPRM Comment Period End............. 06/11/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Betzaida Lopez, Senior Staff Veterinarian, National
Import Export Services, VS, Department of Agriculture, Animal and Plant
Health Inspection Service, 4700 River Road, Unit 39, Riverdale, MD
20737, Phone: 301 851-3300.
RIN: 0579-AE38
11. Removal of Emerald Ash Borer Domestic Quarantine
Regulations
E.O. 13771 Designation: Deregulatory.
Legal Authority: 7 U.S.C. 7701 to 7772; 7 U.S.C. 7781 to 7786
Abstract: This rulemaking would remove the domestic quarantine
regulations for the plant pest emerald ash borer. This action would
discontinue the domestic regulatory component of the emerald ash borer
program as a means to more effectively direct available resources
toward management and containment of the pest. Funding previously
allocated to the implementation and enforcement of these domestic
quarantine regulations would instead be directed to a non-regulatory
option of research into, and deployment of, biological control agents
for emerald ash borer, which would serve as the primary tool to
mitigate and control the pest.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Robyn Rose, National Policy Manager, PPQ,
Department of Agriculture, Animal and Plant Health Inspection Service,
4700 River Road, Unit 26, Riverdale, MD 20737-1231, Phone: 301 851-
2283.
RIN: 0579-AE42
DEPARTMENT OF AGRICULTURE (USDA)
Animal and Plant Health Inspection Service (APHIS)
Final Rule Stage
12. 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; 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.......................... 09/00/18 .......................
------------------------------------------------------------------------
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
13. 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 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.......................... 07/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexandra MacKenzie, Veterinary Medical Officer,
Animal Permitting and Negotiating Services, NIES, VS, Department of
Agriculture, Animal and Plant Health Inspection Service, 4700 River
Road, Unit 39, Riverdale, MD 20737, Phone: 301 851-3300.
RIN: 0579-AD10
14. 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
[[Page 27096]]
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.......................... 07/00/18 .......................
------------------------------------------------------------------------
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
15. 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 Rule.......................... 09/00/18 .......................
------------------------------------------------------------------------
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
16. Animal Welfare; Establishing De Minimis Exemptions From Licensing
E.O. 13771 Designation: Deregulatory.
Legal Authority: 7 U.S.C. 2131 to 2159
Abstract: In the 2014 Farm Bill, Congress amended the Animal
Welfare Act (AWA) to provide the Secretary of Agriculture with the
authority to determine what facilities and activities involving AWA-
regulated animals are de minimis and therefore exempt from licensure
and oversight. We are amending the AWA regulations to enact this new
provision. This change provides APHIS with the flexibility to exempt
from licensing those dealers and exhibitors who provide adequate levels
of humane care to their animals, allowing us to target our enforcement
resources where they are most needed. Dealers and exhibitors operating
at or below the threshold will be exempted from APHIS licensing and
oversight under the AWA.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/04/16 81 FR 51386
NPRM Comment Period End............. 11/02/16 .......................
Final Rule.......................... 06/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kay Carter-Corker, Director, National Policy Staff,
Animal Care, Department of Agriculture, Animal and Plant Health
Inspection Service, 4700 River Road, Unit 84, Riverdale, MD 20737,
Phone: 301 851-3748.
RIN: 0579-AD99
17. 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
NPRM Comment Period End............. 11/03/15 .......................
Final Rule.......................... 06/00/18 .......................
------------------------------------------------------------------------
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
18. Conditions for Payment of Highly Pathogenic Avian Influenza
Indemnity Claims
E.O. 13771 Designation: Other.
Legal Authority: 7 U.S.C. 8301 to 8317
Abstract: We are adopting as a final rule, with changes, an interim
rule that amended the regulations pertaining to certain diseases of
livestock and poultry to specify conditions for payment of indemnity
claims for highly pathogenic avian influenza (HPAI). The interim rule
provided a formula allowing us to split such payments between poultry
and egg owners and parties with which the owners enter into contracts
to raise or care for the eggs or poultry based on the proportion of the
production cycle completed. That action was necessary to ensure that
all contractors are
[[Page 27097]]
compensated appropriately. The interim rule also clarified an existing
policy regarding the payment of indemnity for eggs destroyed due to
HPAI and required a statement from owners and contractors, unless
specifically exempted, indicating that at the time of detection of HPAI
in their facilities, they had in place and were following a biosecurity
plan aimed at keeping HPAI from spreading to commercial premises.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 02/09/16 81 FR 6745
Interim Final Rule Effective........ 02/09/16 .......................
Interim Final Rule Comment Period 04/11/16 .......................
End.
Final Rule.......................... 10/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Troy Bigelow, Senior Staff Veterinarian,
Surveillance, Preparedness and Response Services, VS, Department of
Agriculture, Animal and Plant Health Inspection Service, Federal
Building, Room 891, 210 Walnut Street, Des Moines, IA 50309, Phone: 515
284-4121.
RIN: 0579-AE14
DEPARTMENT OF AGRICULTURE (USDA)
Animal and Plant Health Inspection Service (APHIS)
Completed Actions
19. Restructuring of Regulations on the Importation of Plants for
Planting
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; 31 U.S.C. 9701
Abstract: We are consolidating the regulations governing the
importation of all plants for planting under the ``plants for
planting'' regulations and adding prohibited plants for planting to the
list of plants whose importation is not authorized pending pest risk
analysis. This consolidation will move restrictions on the importation
of specific types of plants for planting from the regulations to the
Plants for Planting Manual (PPM). Under the rule, changes to these
restrictions will be made after taking public comment on notices
published in the Federal Register, rather than through proposed rules
and final rules as we currently do. As part of this consolidation, we
are removing several lists of approved items (for example, the lists of
approved growing media, packing materials, and ports of entry) from the
regulations; these lists will be provided to the public in the PPM. We
proposed to update these lists, when necessary, using the same sort of
notice-based process as will be used to update restrictions on specific
types of plants for planting. We are also establishing a framework for
the use of integrated pest risk management measures (IPRMS) in the
production of specific types of plants for planting for importation
into the United States, when the pest risk associated with the
importation of a type of plants for planting can only be addressed
through the use of integrated measures. This action does not make any
major changes to the restrictions that currently apply to the
importation of plants for planting. These changes will make
restrictions on the importation of specific types of plants for
planting easier for readers to find and allow us to more easily make
changes.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 03/19/18 83 FR 11845
Final Rule Effective................ 04/18/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Shailaja Rabindran, Phone: 301 851-2167.
RIN: 0579-AD75
20. Importation of Campanula Spp. Plants for Planting in Approved
Growing Media From Denmark to the 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 regulations governing the
importation of plants for planting to authorize the importation of
Campanula spp. plants for planting from Denmark in approved growing
media into the United States, subject to a systems approach. The
systems approach will consist of measures that are currently specified
in the regulations as generally applicable to all plants for planting
authorized importation into the United States in approved growing
media. This action will allow for the importation of Campanula spp.
plants for planting from Denmark in approved growing media, while
providing protection against the introduction of plant pests.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 03/15/18 83 FR 11395
Final Rule Effective................ 04/16/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Narasimha Samboju, Phone: 301 851-2038.
RIN: 0579-AE31
BILLING CODE 3410-34-P
DEPARTMENT OF AGRICULTURE (USDA)
Food Safety and Inspection Service (FSIS)
Final Rule Stage
21. 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.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/28/16 81 FR 17337
NPRM Comment Period End............. 06/27/16 .......................
Final Action........................ 05/00/18 .......................
------------------------------------------------------------------------
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. 2018-11232 Filed 6-8-18; 8:45 am]
BILLING CODE 3410-DM-P