16856 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

2 CFR Subtitle B, Ch. IV 

5 CFR Ch. LXXIII 

7 CFR Subtitle A; Subtitle B, Chs. I–XI, 

XIV–XVIII, XX, XXV–XXXVIII, XLII 

9 CFR Chs. I–III 

36 CFR Ch. II 

48 CFR Ch. 4 

Semiannual Regulatory Agenda, Fall 

2020 

AGENCY: Office of the Secretary, USDA. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: This agenda provides 

summary descriptions of the significant 

and not significant regulatory and 

deregulatory actions being developed in 

agencies of the U.S. Department of 

Agriculture (USDA) in conformance 

with Executive Orders (E.O.) 12866 

‘‘Regulatory Planning and Review,’’ 

13771 ‘‘Reducing Regulation and 

Controlling Regulatory Costs,’’ 13777, 

‘‘Enforcing the Regulatory Reform 

Agenda,’’ and 13563, ‘‘Improving 

Regulation and Regulatory Review.’’ 

The agenda also describes regulations 

affecting small entities as required by 

section 602 of the Regulatory Flexibility 

Act, Public Law 96–354. This agenda 

also identifies regulatory actions that are 

being reviewed in compliance with 

section 610(c) of the Regulatory 

Flexibility Act. We invite public 

comment on those actions as well as any 

regulation consistent with 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 this edition of the USDA 

regulatory agenda, the most important 

regulatory and deregulatory actions are 

summarized in a Statement of 

Regulatory Priorities that is included in 

the Regulatory Plan, which appears in 

both the online regulatory agenda and in 

part II of the Federal Register that 

includes the abbreviated regulatory 

agenda. 

FOR FURTHER INFORMATION CONTACT: For 

further information on any specific 

entry shown in this agenda, please 

contact the person listed for that action. 

For general comments or inquiries about 

the agenda, please contact Michael Poe, 

Office of Budget and Program Analysis, 

U.S. Department of Agriculture, 

Washington, DC 20250, (202) 720–3257. 

Dated: September 10, 2020. 

Michael Poe, 

Legislative and Regulatory Staff. 

AGRICULTURAL MARKETING SERVICE—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

130 .................... NOP; Strengthening Organic Enforcement ...................................................................................................... 0581–AD09 

131 .................... Undue and Unreasonable Preferences and Advantages Under the Packers and Stockyards Act ................ 0581–AD81 

132 .................... Establishment of a Domestic Hemp Production Program (Reg Plan Seq No. 1) .......................................... 0581–AD82 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

133 .................... Handling of Animals; Contingency Plans ......................................................................................................... 0579–AC69 

134 .................... Requiring Microchipping, Verifiable Signatures, Government Official Endorsement, and Mandatory Forms 

for Importation of Live Dogs.

0579–AE58 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

135 .................... Bovine Spongiform Encephalopathy and Scrapie; Importation of Small Ruminants and Their Germplasm, 

Products, and Byproducts.

0579–AD10 

136 .................... National List of Reportable Animal Diseases .................................................................................................. 0579–AE39 

137 .................... Removal of Emerald Ash Borer Domestic Quarantine Regulations ................................................................ 0579–AE42 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

138 .................... Importation of Fresh Citrus Fruit From the Republic of South Africa Into the Continental United States ...... 0579–AD95 


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ANIMAL AND PLANT HEALTH INSPECTION SERVICE—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

139 .................... Brucellosis and Bovine Tuberculosis; Update of Import Provisions ................................................................ 0579–AD65 

140 .................... Importation, Interstate Movement, and Release Into the Environment of Certain Genetically Engineered 

Organisms.

0579–AE47 

FOOD AND NUTRITION SERVICE—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

141 .................... Strengthening Integrity and Reducing Retailer Fraud in the Supplemental Nutrition Assistance Program 

(SNAP).

0584–AE71 

FOOD AND NUTRITION SERVICE—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

142 .................... Providing Regulatory Flexibility for Retailers in the Supplemental Nutrition Assistance Program (SNAP) .... 0584–AE61 

FOREST SERVICE—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

143 .................... Special Uses—Communications Uses Rent .................................................................................................... 0596–AD43 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Agricultural Marketing Service (AMS) 

Final Rule Stage 

130. NOP; Strengthening Organic 

Enforcement 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 7 U.S.C. 6501 

Abstract: The Strengthening Organic 

Enforcement (SOE) rulemaking will 

address 2018 Farm Bill mandates. In 

summary, SOE will propose the 

following requirements that align with 

the Farm Bill: 

• Limiting the types of operations in 

the organic supply chain that are not 

required to obtain organic certification; 

• Imported organic products must be 

accompanied by an electronic import 

certificate to validate organic status; 

• Import certificates will be 

submitted to the U.S. Customs and 

Border Protection’s Automated 

Commercial Environment (ACE); 

• Certifying agents must notify USDA 

within 90 days of the opening of any 

new office that conducts certification 

activities; and, 

• Entities acting on behalf of 

certifying agents may be suspended 

when there is noncompliant activity. 

Timetable: 

Action Date FR Cite 

Proposed Rule .... 08/05/20 85 FR 47536 

Action Date FR Cite 

Comment Period 

End.

10/05/20 

Final Rule ............ 09/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Tucker, 

Deputy Administrator, USDA National 

Organic Program, Department of 

Agriculture, Agricultural Marketing 

Service, 1400 Independence Avenue 

SW, Washington, DC 20250, Phone: 202 

260–8077. 

RIN: 0581–AD09 

131. Undue and Unreasonable 

Preferences and Advantages Under the 

Packers and Stockyards Act 

E.O. 13771 Designation: Regulatory. 

Legal Authority: Pub. L. 110–234 

Abstract: This final rule amends the 

regulations issued under the Packers 

and Stockyards Act (P&S Act) by adding 

new regulations that specify the criteria 

the Secretary could consider in 

determining whether conduct or action 

by packers, swine contractors, or live 

poultry dealers constitutes an undue or 

unreasonable preference or advantage 

and a violation of the P&S Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/13/20 85 FR 1771 

Action Date FR Cite 

NPRM Comment 

Period End.

03/13/20 

Final Rule ............ 12/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael V. Durando, 

Associate Deputy Administrator, Fair 

Trade Practices Program, Department of 

Agriculture, Agricultural Marketing 

Service, 1400 Independence Avenue 

SW, Washington, DC 20250–0237, 

Phone: 202 720–0219. 

RIN: 0581–AD81 

132. Establishment of a Domestic Hemp 

Production Program 

Regulatory Plan: This entry is Seq. 

No. 1 in part II of this issue of the 

Federal Register. 

RIN: 0581–AD82 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Animal and Plant Health Inspection 

Service (APHIS) 

Proposed Rule Stage 

133. Handling of Animals; Contingency 

Plans 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 7 U.S.C. 2131 to 2159 


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Abstract: This rulemaking would 

amend the Animal Welfare Act 

regulations to add requirements for 

contingency planning and training of 

personnel by research facilities and by 

dealers, exhibitors, intermediate 

handlers, and carriers. This action 

would heighten the awareness of 

licensees and registrants regarding their 

responsibilities and help ensure a 

timely and appropriate response should 

an emergency or disaster occur. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/23/08 73 FR 63085 

NPRM Comment 

Period End.

12/22/08 

NPRM Comment 

Period Extended.

12/19/08 73 FR 77554 

NPRM Comment 

Period Extended End.

02/20/09 

Final Rule ............ 12/31/12 77 FR 76815 

Final Rule Effective.01/30/13 

Final Rule—Stay 

of Regulations.

07/31/13 78 FR 46255 

Final Rule Effective—Stay of 

Regulations.

07/31/13 

NPRM .................. 06/00/21 

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–AC69 

134. • Requiring Microchipping, 

Verifiable Signatures, Government 

Official Endorsement, and Mandatory 

Forms for Importation of Live Dogs 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 7 U.S.C. 2131 to 2159 

Abstract: We are proposing to amend 

the regulations regarding the 

importation of live dogs by requiring all 

live dogs imported into the United 

States for resale purposes to be 

microchipped for permanent 

identification, and to require importers 

to procure a microchip reader and make 

it available to port-of-entry officials as 

requested. This action would also add 

microchipping as one of three 

identification options for dogs and cats 

used by dealers, exhibitors and research 

facilities. In addition, APHIS is 

proposing to require a verifiable 

signature on the health certificate and 

rabies certificate accompanying 

imported live dogs, an endorsement of 

the health certificate by a government 

official in the country of origin, and the 

mandatory use of forms provided by 

APHIS. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/21 

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–AE58 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Animal and Plant Health Inspection 

Service (APHIS) 

Final Rule Stage 

135. 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: We are amending the 

regulations governing the importation of 

animals and animal products to revise 

conditions for the importation of live 

sheep, goats, and certain other nonbovine ruminants, and products derived 

from sheep and goats, with regard to 

transmissible spongiform 

encephalopathies such as bovine 

spongiform encephalopathy (BSE) and 

scrapie. We are removing BSE-related 

import restrictions on sheep and goats 

and most of their products, and adding 

import restrictions related to 

transmissible spongiform 

encephalopathies for certain wild, 

zoological, or other non-bovine 

ruminant species. The conditions we are 

adopting for the importation of specified 

commodities are based on 

internationally accepted scientific 

literature and will, in general, align our 

regulations with guidelines established 

in the World Organization for Animal 

Health’s Terrestrial Animal Health 

Code. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/18/16 81 FR 46619 

Action Date FR Cite 

NPRM Comment 

Period End.

09/16/16 

Final Rule ............ 02/00/21 

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 

136. National List of Reportable Animal 

Diseases 

E.O. 13771 Designation: Other. 

Legal Authority: 7 U.S.C. 8301 to 8317 

Abstract: This rulemaking would 

amend the animal disease regulations to 

provide for a National List of Reportable 

Animal Diseases, along with animal 

disease reporting responsibilities, to 

streamline State and Federal 

cooperative animal disease eradication 

efforts. This action would enhance and 

consolidate current disease reporting 

mechanisms, and would complement 

and supplement existing animal disease 

tracking and reporting at the State level. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/02/20 85 FR 18471 

NPRM Comment 

Period End.

06/01/20 

NPRM Comment 

Period Reopened.

08/18/20 85 FR 50796 

NPRM Comment 

Period Reopened End.

08/21/20 

Final Action ......... 06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jason Baldwin, 

Acting Coordinator, National List of 

Reportable Animal Diseases, 

Department of Agriculture, Animal and 

Plant Health Inspection Service, 2150 

Centre Avenue, Building B, Mailstop 

1E3, Fort Collins, CO 80526, Phone: 970 

494–7225. 

RIN: 0579–AE39 

137. 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 will 

remove the domestic quarantine 

regulations for the plant pest emerald 

ash borer. This action will discontinue 


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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 

will instead be directed to a nonregulatory option of research into, and 

deployment of, biological control agents 

for emerald ash borer, which will serve 

as the primary tool to mitigate and 

control the pest. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/19/18 83 FR 47310 

NPRM Comment 

Period End.

11/19/18 

Final Rule ............ 11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Herbert Bolton, 

National Policy Manager, PPQ, 

Department of Agriculture, Animal and 

Plant Health Inspection Service, 4700 

River Road, Unit 26, Riverdale, MD 

20737–1231, Phone: 301 851–3594. 

RIN: 0579–AE42 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Animal and Plant Health Inspection 

Service (APHIS) 

Long-Term Actions 

138. 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 

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Tony Roma ́n, Phone: 

301 851–2242. 

RIN: 0579–AD95 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Animal and Plant Health Inspection 

Service (APHIS) 

Completed Actions 

139. Brucellosis and Bovine 

Tuberculosis; Update of Import 

Provisions 

E.O. 13771 Designation: Fully or 

Partially Exempt. 

Legal Authority: 7 U.S.C. 1622; 7 

U.S.C. 8301 to 8317; 15 U.S.C. 1828; 21 

U.S.C. 136 and 136a; 31 U.S.C. 9701 

Abstract: We are amending the 

regulations governing the importation of 

cattle and bison with respect to bovine 

tuberculosis and brucellosis. The 

changes will make these requirements 

clearer and assure that they more 

effectively mitigate the risk of 

introduction of these diseases into the 

United States. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 09/17/20 85 FR 57944 

Final Rule Effective.10/19/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kelly Rhodes, Phone: 

301 851–3300. 

RIN: 0579–AD65 

140. Importation, Interstate Movement, 

and Release Into the Environment of 

Certain Genetically Engineered 

Organisms 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 7 U.S.C. 7701 to 

7772; 7 U.S.C. 7781 to 7786 

Abstract: APHIS is revising its 

regulations regarding the importation, 

interstate movement, and environmental 

release of certain genetically engineered 

organisms in order to update the 

regulations in response to advances in 

genetic engineering and APHIS’ 

understanding of the plant health risk 

posed by genetically engineered 

organisms, thereby reducing the burden 

for regulated entities whose organisms 

pose no plant health risks. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 05/18/20 85 FR 29790 

Final Rule Effective.08/17/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alan Pearson, Phone: 

301 851–3944. 

RIN: 0579–AE47 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Food and Nutrition Service (FNS) 

Proposed Rule Stage 

141. Strengthening Integrity and 

Reducing Retailer Fraud in the 

Supplemental Nutrition Assistance 

Program (SNAP) 

E.O. 13771 Designation: Regulatory. 

Legal Authority: Pub. L. 113–79; Pub. 

L. 115–334 

Abstract: This proposed rule would 

implement statutory provisions of the 

Food, Conservation, and Energy Act of 

2008 (the 2008 Farm Bill), the 

Agriculture Improvement Act of 2018 

(the 2018 Farm Bill), and other language 

intended to deter retailer fraud, abuse, 

and non-compliance in the 

Supplemental Nutrition Assistance 

Program (SNAP). 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Charles H. Watford, 

Regulatory Review Specialist, 

Department of Agriculture, Food and 

Nutrition Service, 1320 Braddock Place, 

Alexandria, VA 22314, Phone: 703 605– 

0800, Email: charles.watford@usda.gov. 

Maureen Lydon, Department of 

Agriculture, Food and Nutrition Service, 

1320 Braddock Place, Alexandria, VA 

22314, Phone: 703 457–7713, Email: 

maureen.lydon@usda.gov. 


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RIN: 0584–AE71 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Food and Nutrition Service (FNS) 

Long-Term Actions 

142. Providing Regulatory Flexibility 

for Retailers in the Supplemental 

Nutrition Assistance Program (SNAP) 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: Pub. L. 113–79; 7 

U.S.C. 2011 to 2036 

Abstract: The Agricultural Act of 2014 

amended the Food and Nutrition Act of 

2008 to increase the requirement that 

certain Supplemental Nutrition 

Assistance Program (SNAP) authorized 

retail food stores have available on a 

continuous basis at least three varieties 

of items in each of four staple food 

categories, to a mandatory minimum of 

seven varieties. The Food and Nutrition 

Service (FNS) codified these mandatory 

requirements. Subsequent annual 

Agency appropriations bill language 

prohibited implementation of certain 

final rule provisions. In response, this 

change will provide some retailers 

participating in SNAP as authorized 

food stores with more flexibility in 

meeting the enhanced SNAP eligibility 

requirements. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/05/19 84 FR 13555 

NPRM Comment 

Period End.

06/04/19 

NPRM Comment 

Period Reopened.

06/14/19 84 FR 27743 

NPRM Comment 

Period Reopen 

End.

06/20/19 

Final Action ......... To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Charles H. Watford, 

Phone: 703 605–0800, Email: 

charles.watford@usda.gov. 

RIN: 0584–AE61 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Forest Service (FS) 

Long-Term Actions 

143. Special Uses—Communications 

Uses Rent 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 43 U.S.C. 1761 to 

1771 

Abstract: Consistent with the 

requirement in title V, section 504(g) of 

the Federal Land Policy and 

Management Act, the proposed rule 

would update the Forest Service’s rental 

fee schedule for communications uses 

based on market value. Updated rental 

fees that exceed 100 percent of current 

rental fees would be phased in over a 3- 

year period. 

Timetable: 

Action Date FR Cite 

NPRM .................. To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Edwina Howard– 

Agu, Phone: 202 205–1419, Email: 

ehowardagu@fs.fed.us. 

RIN: 0596–AD43 

BILLING CODE 3410–11–P 

[FR Doc. 2021–04329 Filed 3–30–21; 8:45 am] 

BILLING CODE 3410–90–P 


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