This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

9978 

Vol. 76, No. 36 

Wednesday, February 23, 2011 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Parts 318 and 319 

[Docket No. APHIS–2006–0077] 

RIN 0579–AD32 

South American Cactus Moth; 

Territorial and Import Regulations 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the Hawaiian and territorial quarantine 

regulations to prohibit the movement of 

South American cactus moth host 

material, including nursery stock and 

plant parts for consumption to the 

mainland and Guam from Hawaii, 

Puerto Rico, and the U.S. Virgin Islands, 

and to allow South American cactus 

moth host material to be moved among 

Hawaii, Puerto Rico, and the U.S. Virgin 

Islands. We are also proposing to amend 

the foreign quarantine regulations to 

prohibit the importation of South 

American cactus moth host material, 

including nursery stock and plant parts 

for consumption, from any country or 

portion of a country infested with South 

American cactus moth. These actions 

would help prevent the introduction or 

spread of South American cactus moth 

into noninfested areas of the United 

States, relieve unnecessary restrictions 

on movement of host material among 

infested areas of the United States, and 

provide consistency to the regulations. 

DATES: We will consider all comments 

that we receive on or before April 25, 

2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS– 

2006–0077 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• Postal Mail/Commercial Delivery: 

Please send one copy of your comment 

to Docket No. APHIS–2006–0077, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2006–0077. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Robyn Rose, National Program Lead, 

Emergency and Domestic Programs, 

PPQ, APHIS, 4700 River Rd. Unit 26, 

Riverdale, MD 20737–1236; (301) 734– 

7121. 

SUPPLEMENTARY INFORMATION: 

Background 

The South American cactus moth 

(Cactoblastis cactorum) is a grayishbrown moth with a wingspan of 22 to 

35 millimeters (approximately 0.86 to 

1.4 inches) that is indigenous to 

Argentina, southern Brazil, Paraguay, 

and Uruguay. It is a serious quarantine 

pest of Opuntia spp., and an occasional 

pest of Nopalea spp., Cylindropuntia 

spp., and Consolea spp., four closely 

related genera of the family Cactaceae. 

All plant parts, except seeds, of these 

species can be infested with South 

American cactus moth. After an 

incubation period following mating, the 

female South American cactus moth 

deposits an egg stick resembling a 

cactus spine on the host plant. The egg 

stick, which consists of 70 to 90 eggs, 

hatches in 25 to 30 days, and the larvae 

bore into the cactus pad to feed, 

eventually hollowing it out and killing 

the plant. Within a short period of time, 

the South American cactus moth can 

destroy whole stands of cactus. Since 

the South American cactus moth larvae 

are internal feeders, they are difficult to 

detect during normal inspection. 

In the 1920s, the South American 

cactus moth was introduced into 

Australia and other areas as a biological 

control agent of invasive prickly pear 

cactus (Opuntia spp.). Its success led to 

its introduction into the Caribbean and 

Hawaii in the 1950s. In 1989 it was 

detected in southern Florida. More 

recently, South American cactus moth 

has been discovered in other parts of 

Florida, as well as in Alabama, Georgia, 

Louisiana, Mississippi, and South 

Carolina, and it continues to spread 

north and west. 

The Southwest United States and 

Mexico are home to 114 native species 

of Opuntia, which are highly valued for 

their ecological and agricultural uses. 

The rooting characteristics of Opuntia 

spp. reduce wind and rain erosion, 

encouraging the growth of other plants 

in degraded areas. In addition, many 

species of birds, mammals, reptiles, and 

insects eat, nest in, or otherwise rely on 

Opuntia spp. for survival. Opuntia spp. 

are also important sources of food, 

medicine, cosmetics, and dye. In 

Mexico, Opuntia spp. are an important 

agricultural commodity, comprising 1.5 

percent of total agricultural production 

and representing 2.5 percent of the 

value of agricultural production. In the 

Southwest United States, Opuntia spp. 

are only a minor agricultural crop, but 

are popular plants in the landscaping 

and ornamental nursery industries. 

Opuntia spp. can also be an important 

source of emergency forage for cattle 

grazing during periods of drought. If the 

South American cactus moth were to 

spread to these areas, there would be 

significant environmental and economic 

damage. 

In a final rule published in the 

Federal Register on June 8, 2009 (74 FR 

27071–27076, Docket No. APHIS–2006– 

0153), and effective July 8, 2009, the 

Animal and Plant Health Inspection 

Service (APHIS) established regulations 

quarantining the States of Alabama, 

Florida, Georgia, Mississippi, and South 

Carolina, and restricting the movement 

of South American cactus moth host 

material from those States to prevent the 

artificial dissemination of the South 

American cactus moth into noninfested 

areas of the United States. In addition, 

in an interim rule published in the 

Federal Register and effective on July 

15, 2010 (75 FR 41073–41074, Docket 

No. APHIS–2010–0037), we added 

Louisiana to the list of States 

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Federal Register / Vol. 76, No. 36 / Wednesday, February 23, 2011 / Proposed Rules 9979 

1The fruits and vegetables manuals for Hawaii 

and Puerto Rico can be found on the Internet at 

http://www.aphis.usda.gov/import_export/plants/ 

manuals/ports/downloads/Hawaii.pdf and http:// 

www.aphis.usda.gov/import_export/plants/ 

manuals/ports/downloads/puerto_rico.pdf, 

respectively. 

2Treatment schedules approved for use under 7 

CFR part 305 are available in the PPQ Treatment 

Manual at http://www.aphis.usda.gov/ 

import_export/plants/manuals/ports/downloads/ 

treatment.pdf. 

quarantined due to the presence of 

South American cactus moth. APHIS, in 

cooperation with the Agricultural 

Research Service and funding provided 

by the Government of Mexico, is 

continuing to test and implement a 

sterile insect release program along the 

U.S. Gulf Coast. In support of our sterile 

insect program and domestic regulations 

and to make our regulations for the 

importation and interstate movement of 

South American cactus moth host 

material consistent, we are proposing to 

amend our territorial and import 

regulations to restrict the movement of 

South American cactus moth host 

material into the continental United 

States. 

Hawaiian and Territorial Regulations 

The regulations in 7 CFR part 318 

(referred to below as the Hawaiian and 

territorial regulations) govern the 

movement of plants and plant products, 

for consumption and propagation, from 

Hawaii and from Guam, Puerto Rico, the 

U.S. Virgin Islands, the Commonwealth 

of the Northern Mariana Islands, and all 

other U.S. territories and possessions 

between themselves and into the 

continental United States. In addition, 

the name and origin of all fruits and 

vegetables authorized movement under 

7 CFR part 318, as well as the applicable 

requirements for their movement, may 

be found in the fruits and vegetables 

manuals for Hawaii and Puerto Rico.1

The Hawaiian and territorial 

regulations currently restrict the 

movement of all cactus plants or parts 

thereof from Hawaii, Puerto Rico, and 

the U.S. Virgin Islands, which are 

known to be infested with South 

American cactus moth. Specifically, the 

regulations in § 318.13–1 prohibit the 

interstate movement of all cut flowers 

and fruits and vegetables and plants and 

portions of plants from Hawaii, which 

includes cactus plants or parts thereof, 

unless they are specifically approved for 

interstate movement or frozen or 

processed to sufficiently preclude the 

survival of any pests in accordance with 

§§ 318.13 and 318.14, respectively. The 

regulations in § 318.13–16 limit the 

interstate movement of all cactus plants 

or parts thereof from Puerto Rico and 

the Virgin Islands to those cactus plants 

that are bare-rooted or grown in an 

approved growing medium listed in 

§ 318.13–2 and that are treated in 

accordance with 7 CFR part 305.2

However, the only treatment listed in 

the PPQ Treatment Manual for pests of 

cactus that feed internally is T201-f-2, a 

treatment for borers and soft scales that 

consists of fumigation using methyl 

bromide. There is no data to support the 

effectiveness of this treatment against 

South American cactus moth. 

As stated in § 305.3, APHIS may add, 

revise, or remove a treatment schedule 

if necessary by publishing a notice 

informing the public of the reasoning 

behind the addition, revision, or 

removal, and taking comment on the 

action. Following the comment period, 

we will consider comments received on 

the notice and publish a followup notice 

announcing our determination with 

regard to the action. In accordance with 

that process, we are proposing to amend 

the PPQ Treatment Manual by adding 

the words ‘‘(other than South American 

cactus moth (Cactoblastis cactorum))’’ 

after the word ‘‘borers’’ under the 

heading ‘‘Pest’’ in treatment schedule 

T201-f-2. 

Except as otherwise noted, the 

interstate movement of all cactus plants 

or parts thereof from Hawaii is currently 

prohibited and the interstate movement 

of cactus plants or parts thereof from 

Puerto Rico and the U.S. Virgin Islands 

is restricted unless the cactus plant is 

grown in approved growing media and 

treated in accordance with 7 CFR part 

305. Since these requirements were put 

into place, we have determined that 

South American cactus moth does not 

infest all species of cactus. Therefore, 

we are proposing to amend the table in 

paragraph (a) of § 318.13–16 by 

removing the entries for cactus moving 

interstate from Puerto Rico and the U.S. 

Virgin Islands. We would amend the 

Puerto Rico fruits and vegetables 

manual to indicate that the interstate 

movement of South American cactus 

moth host cacti to the mainland United 

States is prohibited. We are also 

proposing to amend the fruits and 

vegetables manuals for Hawaii and 

Puerto Rico to allow cacti that are not 

South American cactus moth hosts to be 

moved between Hawaii and the 

continental United States and between 

Puerto Rico, the U.S. Virgin Islands, and 

the continental United States. 

In addition, as Hawaii, Puerto Rico, 

and the U.S. Virgin Islands are already 

infested with South American cactus 

moth, there is no reason to prohibit the 

movement of South American cactus 

moth host plants or parts among these 

areas. Therefore, we are also proposing 

to amend the fruits and vegetables 

manuals for Hawaii and Puerto Rico to 

allow South American cactus moth host 

plants and plant parts to be moved 

between these areas without restriction. 

Finally, we are proposing to amend the 

fruits and vegetables manuals for 

Hawaii and Puerto Rico by removing the 

obsolete term ‘‘cactus borer’’ in reference 

to C. cactorum and replacing it with the 

current term ‘‘South American cactus 

moth.’’ 

These changes are necessary because 

Hawaii, Puerto Rico, and the U.S. Virgin 

Islands are infested with South 

American cactus moth and there is no 

control program for South American 

cactus moth in those areas. In addition, 

there is no trade or anticipated trade of 

South American cactus moth host 

material among Hawaii and the 

territories or between Hawaii and the 

territories and the mainland United 

States. 

These changes would prohibit the 

movement of unprocessed South 

American cactus moth host material, 

such as nursery stock, from Hawaii, 

Puerto Rico, and the U.S. Virgin Islands 

into or through the continental United 

States and all other noninfested 

territories and possessions as well as 

allow for the unrestricted movement of 

plants and plant products that are not 

hosts of the South American cactus 

moth from Hawaii, Puerto Rico, or the 

U.S. Virgin Islands into or through the 

continental United States. 

Importation of Plants for Propagation 

The regulations in 7 CFR part 319 

(referred to below as the import 

regulations) govern the movement into 

the United States from all foreign 

countries, of plants and plant products 

for consumption and propagation. The 

regulations in §§ 319.37 through 

319.37–14 govern the importation of 

plants and plant products, including 

nursery stock, for propagation. The 

import regulations in § 319.37–2(b)(5) 

currently prohibit the importation of all 

cactus cuttings for propagation, without 

roots or branches, that are greater than 

153 millimeters (approximately 6 

inches) in diameter or greater than 1.2 

meters (approximately 4 feet) in length 

from all countries except Canada unless 

imported by the United States 

Department of Agriculture for scientific 

or experimental purposes under the 

conditions in § 319.37–2(c). APHIS 

further prohibits in § 319.37–2(b)(6) the 

importation of all cactus plants for 

propagation, from all countries, except 

Canada, that exceed 460 millimeters 

(approximately 18 inches) in length 

from the soil line to the farthest terminal 

WReier-Aviles on DSKDVH8Z91PROD with PROPOSALS

9980 Federal Register / Vol. 76, No. 36 / Wednesday, February 23, 2011 / Proposed Rules 

3The presence of South American cactus moth in 

these countries was confirmed by literature from 

the European and Mediterranean Plant Protection 

Organization, the International Atomic Energy 

Agency, and the Centre for Agricultural Bioscience 

International. 

4Source: Irish, M. 2001. The Ornamental Prickly 

Pear Industry in the Southwest United States. 

Florida Entomologist 84(4). 

growing point and whose growth habits 

simulate the woody habits of trees and 

shrubs unless imported by the United 

States Department of Agriculture for 

scientific or experimental purposes 

under the conditions in § 319.37–2(c). 

The current size restrictions were 

designed to make it easier to handle 

imported cacti during inspection rather 

than as a way to prevent South 

American cactus moth or other cactus 

pests from entering the United States. 

As most cactus plants and cuttings 

imported for propagation are smaller 

than these size limits, the current 

regulations effectively permit the entry 

of all cactus plants and cuttings, 

including South American cactus moth 

host species, into the United States. 

Therefore, we are proposing to amend 

the table in § 319.37–2(a) to prohibit the 

importation of all cactus moth host 

material (excluding seeds) from areas 

infested with South American cactus 

moth. These changes would prohibit the 

movement of cactus moth nursery stock 

into the United States from all countries 

infested with South American cactus 

moth. Countries infested with South 

American cactus moth 3 include: 

Antigua, Argentina, Ascension Island, 

Australia, Bahamas, Botswana, Brazil, 

Cayman Islands, Cuba, Dominican 

Republic, Dominica, Guadeloupe, Haiti, 

Jamaica, Lesotho, Mauritius, Montserrat, 

Namibia, Nevis, New Caledonia, 

Paraguay, South Africa, St. Helena, St. 

Lucia, St. Vincent, St. Kitts, Swaziland, 

Tanzania, Uruguay, and the Republic of 

Zimbabwe. 

Importation of Fruits and Vegetables 

The regulations in §§ 319.56–1 

through 319.56–50 govern the 

importation of plants and plant 

products intended for consumption. 

Under § 319.564(a), fruits or vegetables 

that the Administrator has determined 

may be imported subject to one or more 

of the designated phytosanitary 

measures cited in § 319.56–4(b), are 

listed in the Fruits and Vegetables 

Import Requirements (FAVIR) database 

found on the APHIS Web site at http: 

//www.aphis.usda.gov/favir/info.shtml. 

Currently, the importation into the 

United States of the fruit of Opuntia 

species cacti, called ‘‘tuna,’’ is 

authorized only from the Bahamas, 

Belize, Chile, Colombia, the Dominican 

Republic, Guatemala, Haiti, Israel, Italy, 

Jamaica, and Mexico. The importation 

of prickly pear pads, also called 

‘‘nopales,’’ of Opuntia species cacti is 

currently authorized only from 

Colombia and Mexico. Importation of 

this fruit from all other countries is 

prohibited. We are proposing to amend 

the FAVIR database in order to remove 

the Bahamas, the Dominican Republic, 

Haiti, and Jamaica from the list of 

countries authorized to import tuna or 

nopales because those countries have 

been determined to be infested with 

South American cactus moth. 

Any country that is not authorized to 

export South American cactus moth 

host material to the United States for 

consumption would be able to request 

approval to import South American 

cactus moth host material. APHIS 

would evaluate the request and prepare 

a pest risk assessment and risk 

management document in order to 

determine whether the commodity may 

be safely imported into the continental 

United States without presenting a risk 

of introducing South American cactus 

moth into noninfested areas of the 

United States. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This rule has been determined to be 

not significant for the purposes of 

Executive Order 12866 and, therefore, 

has not been reviewed by the Office of 

Management and Budget. 

We are proposing to amend the 

Hawaiian and territorial quarantine 

regulations to prohibit the movement of 

South American cactus moth host 

material, including nursery stock and 

plant parts for consumption to the 

mainland and Guam from Hawaii, 

Puerto Rico, and the U.S. Virgin Islands, 

and to allow South American cactus 

moth host material to be moved among 

Hawaii, Puerto Rico, and the U.S. Virgin 

Islands. We are also proposing to amend 

the foreign quarantine regulations to 

prohibit the importation of South 

American cactus moth host material, 

including nursery stock and plant parts 

for consumption, from any country or 

portion of a country infested with South 

American cactus moth. 

Published data on U.S. trade do not 

offer the level of detail necessary to 

identify South American cactus moth 

host plants and plant parts moving in 

commerce specifically. Accordingly, 

data on the volume (and value) of U.S. 

imports of those host plants and plant 

parts are not available from that source. 

Nevertheless, APHIS and Agricultural 

Marketing Service internal reports, as 

well as informed APHIS staff, indicate 

that the volume of host plant and host 

plant part imports from the countries 

infested with the pest is negligible. Of 

the countries infested with South 

American cactus moth, only the 

Dominican Republic is known to have 

shipped host plant parts to the United 

States in recent years. Virtually all 

imports of South American cactus moth 

host plant parts come from Mexico, a 

country that is not currently infested 

with the pest. In 2009, Mexico exported 

2,266 metric tons of nopales to the 

United States valued at over $2 million. 

The proposed rule, therefore, should 

have little impact on U.S. imports of 

South American cactus moth host plant 

parts. 

The restriction on the movement of 

South American cactus moth host plant 

parts from Hawaii, Puerto Rico, and the 

U.S. Virgin Islands to the mainland 

United States should have little or no 

impact. For one, such movement from 

Hawaii is already prohibited, and the 

interstate movement of cactus plants or 

parts thereof from Puerto Rico and the 

U.S. Virgin Islands is limited. 

The rule would allow South 

American cactus moth host plants and 

plant parts to be moved between 

Hawaii, Puerto Rico, and the U.S. Virgin 

Islands. Such movement should have 

little impact, as those areas are already 

infested with South American cactus 

moth, and there is no program in those 

areas to control the pest. To the extent 

that it would prevent the spread of 

South American cactus moth on the 

mainland, the rule would benefit U.S. 

entities, primarily those in the 

ornamental nursery and landscape 

industries in the Southwest. Most 

commercial nurseries that produce 

prickly pear cacti are located in 

Arizona, followed by California. In 

Arizona, there are an estimated 40 to 50 

producers in the Phoenix area alone; in 

California, there are an estimated 30 

growers of cacti. Many, if not most, 

cactus growers are small in size.4

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action would not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. If this rule is adopted: (1) All 

State and local laws and regulations that 

are inconsistent with this rule will be 

preempted; (2) no retroactive effect will 

be given to this rule; and (3) 

administrative proceedings will not be 

required before parties may file suit in 

court challenging this rule. 

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Federal Register / Vol. 76, No. 36 / Wednesday, February 23, 2011 / Proposed Rules 9981 

Paperwork Reduction Act 

This proposed rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects 

7 CFR Part 318 

Cotton, Cottonseeds, Fruits, Guam, 

Hawaii, Plant diseases and pests, Puerto 

Rico, Quarantine, Transportation, 

Vegetables, Virgin Islands. 

7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

Accordingly, we are proposing to 

amend 7 CFR parts 318 and 319 as 

follows: 

PART 318—STATE OF HAWAII AND 

TERRITORIES QUARANTINE NOTICES 

1. The authority citation for part 318 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 7 CFR 2.22, 2.80, and 371.3. 

§ 318.13–6 [Amended] 

2. In § 318.13–16, the table in 

paragraph (a) is amended under Puerto 

Rico and U.S. Virgin Islands by 

removing the entries for ‘‘Cactus’’. 

PART 319—FOREIGN QUARANTINE 

NOTICES 

3. The authority citation for part 319 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

4. In § 319.37–2, paragraph (a), the 

table is amended by adding, in 

alphabetical order, new entries for 

Consolea spp., Cylindropuntia spp., 

Nopalea spp., and Opuntia spp. to read 

as follows: 

§ 319.37–2 Prohibited articles. 

(a) * * * 

Prohibited article (includes seeds only if specifically mentioned) 

Foreign places from which prohibited 

Plant pests existing in the 

places named and capable of 

being transported with the prohibited article 

*******

Consolea spp. ................. Antigua, Argentina, Ascension Island, Australia, Bahamas, Botswana, Brazil, Cayman Islands, Cuba, Dominican Republic, Dominica, Guadeloupe, Haiti, Jamaica, Lesotho, Mauritius, Montserrat, Namibia, Nevis, New Caledonia, Paraguay, South Africa, St. Helena, St. Lucia, St. Vincent, St. Kitts, Tanzania, Uruguay, Republic of Zimbabwe.Cactoblastis cactorum (South 

American cactus moth). 

*******

Cylindropuntia spp. ......... Antigua, Argentina, Ascension Island, Australia, Bahamas, Botswana, Brazil, Cayman Islands, Cuba, Dominican Republic, Dominica, Guadeloupe, Haiti, Jamaica, Lesotho, Mauritius, Montserrat, Namibia, Nevis, New Caledonia, Paraguay, South Africa, St. Helena, St. Lucia, St. Vincent, St. Kitts, Tanzania, Uruguay, Republic of Zimbabwe.Cactoblastis cactorum (South 

American cactus moth). 

*******

Nopalea spp. ................... Antigua, Argentina, Ascension Island, Australia, Bahamas, Botswana, Brazil, Cayman Islands, Cuba, Dominican Republic, Dominica, Guadeloupe, Haiti, Jamaica, Lesotho, Mauritius, Montserrat, Namibia, Nevis, New Caledonia, Paraguay, South Africa, St. Helena, St. Lucia, St. Vincent, St. Kitts, Tanzania, Uruguay, Republic of Zimbabwe.Cactoblastis cactorum (South 

American cactus moth). 

*******

Opuntia spp. .................... Antigua, Argentina, Ascension Island, Australia, Bahamas, Botswana, Brazil, Cayman Islands, Cuba, Dominican Republic, Dominica, Guadeloupe, Haiti, Jamaica, Lesotho, Mauritius, Montserrat, Namibia, Nevis, New Caledonia, Paraguay, South Africa, St. Helena, St. Lucia, St. Vincent, St. Kitts, Tanzania, Uruguay, Republic of Zimbabwe.Cactoblastis cactorum (South 

American cactus moth). 

*******

* * * * * 

Done in Washington, DC, this 16th day of 

February 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–3991 Filed 2–22–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

[Docket ID: DOE–HQ–2010–0002] 

10 CFR Part 1021 

RIN 1990–AA34 

National Environmental Policy Act 

Implementing Procedures 

AGENCY: Office of the General Counsel, 

U.S. Department of Energy. 

ACTION: Proposed rule: re-opening of 

public comment period. 

SUMMARY: The U.S. Department of 

Energy (DOE) is re-opening the public 

comment period for proposed 

amendments to its regulations governing 

compliance with the National 

Environmental Policy Act (NEPA), made 

available for public comment on January 

3, 2011 (76 FR 214). This is being done 

in response to a request on behalf of 

multiple organizations. 

DATES: The public comment period 

ended on February 17, 2011. The 

comment period is being re-opened and 

will close on March 7, 2011. 

WReier-Aviles on DSKDVH8Z91PROD with PROPOSALS