Monday, 

December 20, 2010 

Part III 

Department of 

Agriculture 

Semiannual Regulatory Agenda 


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79710 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

DEPARTMENT OF AGRICULTURE (USDA) 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

7 CFR Subtitle A, Chs. I-XI, XIV-XVIII, 

XX, XXVI-XXXVIII, XLI-XLII, L 

9 CFR Chs. I-III 

36 CFR Ch. II 

41 CFR Ch. 4 

Semiannual Regulatory Agenda, Fall 

2010 

AGENCY: Office of the Secretary, USDA. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: This agenda provides 

summary descriptions of significant and 

not significant regulations being 

developed in agencies of the U.S. 

Department of Agriculture (USDA) in 

conformance with Executive Order 

12866 ‘‘Regulatory Planning and 

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. 

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 

significant regulatory actions and a 

Statement of Regulatory Priorities are 

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) 720-1272. 

Dated: September 21, 2010. 

Michael Poe, 

Chief, Legislative and Regulatory Staff. 

Agricultural Marketing Service—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

175 National Organic Program, Sunset (2011) (Crops and Processing) (TM-07-0136) ..................................................... 0581–AC77 

176 Wholesale Pork Reporting Program (Reg Plan Seq No. 1) ........................................................................................ 0581–AD07 

177 National Organic Program, Periodic Pesticide Residue Testing .................................................................................. 0581–AD10 

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

Agricultural Marketing Service—Final Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

178 National Dairy Promotion and Research Program; Dairy Import Assessments, DA-08-0050 (Reg Plan Seq No. 2) 0581–AC87 

179 National Organic Program: Amendments to the National List (Crops, Livestock, and Processing) TM-09-0003 ....... 0581–AC91 

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

Farm Service Agency—Final Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

180 Emergency Forest Restoration Program ....................................................................................................................... 0560–AH89 

181 Farm Loan Programs Loan Making Activities ............................................................................................................... 0560–AI03 

182 Conservation Loan Guarantee Program ....................................................................................................................... 0560–AI04 

183 Loan Servicing; Farm Loan Programs .......................................................................................................................... 0560–AI05 


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USDA 

Farm Service Agency—Completed Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

184 Biomass Crop Assistance Program .............................................................................................................................. 0560–AH92 

Animal and Plant Health Inspection Service—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

185 Animal Welfare: Marine Mammals; Nonconsensus Language, and Interactive Programs (Rulemaking Resulting 

From a Section 610 Review) ..................................................................................................................................... 0579–AB24 

186 Animal Welfare; Regulations and Standards for Birds (Reg Plan Seq No. 3) ............................................................ 0579–AC02 

187 Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine Products .................................................... 0579–AC68 

188 Viral Hemorrhagic Septicemia; Interstate Movement and Import Restrictions on Certain Live Fish ........................... 0579–AC74 

189 Scrapie in Sheep and Goats ......................................................................................................................................... 0579–AC92 

190 Plant Pest Regulations; Update of General Provisions (Reg Plan Seq No. 4) ........................................................... 0579–AC98 

191 Bovine Spongiform Encephalopathy and Scrapie; Importation of Small Ruminants and Their Germplasm, Products, and Byproducts ................................................................................................................................................... 0579–AD10 

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

Animal and Plant Health Inspection Service—Final Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

192 Importation of Plants for Planting; Establishing a New Category of Plants for Planting Not Authorized for Importation Pending Pest Risk Analysis (Rulemaking Resulting From a Section 610 Review) (Reg Plan Seq No. 7) ... 0579–AC03 

193 Citrus Canker; Compensation for Certified Citrus Nursery Stock ................................................................................. 0579–AC05 

194 Importation of Poultry and Poultry Products From Regions Affected With Highly Pathogenic Avian Influenza .......... 0579–AC36

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

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

Animal and Plant Health Inspection Service—Long-Term Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

196 Phytophthora Ramorum; Quarantine and Regulations ................................................................................................. 0579–AB82 

197 Boll Weevil; Quarantine and Regulations ..................................................................................................................... 0579–AB91 

198 Introduction of Organisms and Products Altered or Produced Through Genetic Engineering .................................... 0579–AC31 

199 Animal Welfare; Climatic and Environmental Conditions for Transportation of Warm-Blooded Animals Other Than 

Marine Mammals ......................................................................................................................................................... 0579–AC41 

200 Light Brown Apple Moth Quarantine ............................................................................................................................. 0579–AC71 

201 Citrus Greening and Asian Citrus Psyllid; Quarantine and Interstate Movement Regulations .................................... 0579–AC85 

Animal and Plant Health Inspection Service—Completed Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

202 Phytosanitary Certificates for Imported Fruits and Vegetables .................................................................................... 0579–AB18 

203 Citrus Canker; Quarantine of the State of Florida ........................................................................................................ 0579–AC07 

204 Minimum Age Requirements for the Transport of Animals ........................................................................................... 0579–AC14 

205 Importation of Lemons From Northwest Argentina ....................................................................................................... 0579–AC79 

206 Sirex Woodwasp; Quarantine and Regulations ............................................................................................................ 0579–AC86 


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USDA 

Rural Housing Service—Final Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

207 Guaranteed Single-Family Housing .............................................................................................................................. 0575–AC18 

Food Safety and Inspection Service—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

208 Mandatory Inspection of Catfish and Catfish Products (Reg Plan Seq No. 18) ......................................................... 0583–AD36 

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

Food Safety and Inspection Service—Final Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

209 Performance Standards for the Production of Processed Meat and Poultry Products; Control of Listeria 

Monocytogenes in Ready-To-Eat Meat and Poultry Products (Reg Plan Seq No. 21) ............................................. 0583–AC46 

210 Federal-State Interstate Shipment Cooperative Inspection Program (Reg Plan Seq No. 24) .................................... 0583–AD37 

211 New Formulas for Calculating the Basetime, Overtime, Holiday, and Laboratory Services Rates; Rate Changes 

Based on the Formulas; and Increased Fees for the Accredited Laboratory Program .............................................. 0583–AD40 

212 Changes to the Schedule of Operations Regulations ................................................................................................... 0583–AD42 

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

Forest Service—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

213 Special Areas; State-Specific Inventoried Roadless Area Management: Colorado ..................................................... 0596–AC74 

Office of the Secretary—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

214 Designation of Biobased Items for Federal Procurement, Round 7 ............................................................................. 0503–AA36 

215 Designation of Biobased Items for Federal Procurement, Round 8 ............................................................................. 0503–AA39 

216 Revised Program Guidelines ........................................................................................................................................ 0503–AA40 

Office of the Secretary—Final Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

217 Voluntary Labeling Program for Designated Biobased Products ................................................................................. 0503–AA35 

BILLING CODE 3410—90—S 


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Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79713 

Department of Agriculture (USDA) Proposed Rule Stage 

Agricultural Marketing Service (AMS) 

175. NATIONAL ORGANIC PROGRAM, 

SUNSET (2011) (CROPS AND 

PROCESSING) (TM–07–0136) 

Legal Authority: 7 USC 6501 

Abstract: The Agricultural Marketing 

Service (AMS) is amending regulations 

pertaining to the National List of 

Allowed and Prohibited Substances. As 

required by the National Organic Foods 

Production Act of 1990, the allowed 

use of the 12 synthetic and nonsynthetic substances in organic 

production and handling will expire on 

September 12, 2011. The AMS 

published an advance notice of 

proposed rulemaking to make the 

public aware of this requirement. AMS 

believes that public comment is 

essential in the review process to 

determine whether these substances 

should continue to be allowed or 

prohibited in the production and 

handling of organic agricultural 

products. 

Timetable: 

Action Date FR Cite 

ANPRM 03/14/08 73 FR 13795 

ANPRM Comment 

Period End 

05/13/08 

Action Date FR Cite 

NPRM 12/00/10 

Final Action 08/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Melissa R. Bailey, 

Director, Standards Division, 

Department of Agriculture, Agricultural 

Marketing Service, Washington, DC 

20250 

Phone: 202 720–3252 

Fax: 202 205–7808 

Email: melissa.bailey@usda.gov 

RIN: 0581–AC77 

176. ∑ WHOLESALE PORK 

REPORTING PROGRAM 

Regulatory Plan: This entry is Seq. No. 

1 in part II of this issue of the Federal 

Register. 

RIN: 0581–AD07 

177. ∑ NATIONAL ORGANIC 

PROGRAM, PERIODIC PESTICIDE 

RESIDUE TESTING 

Legal Authority: 7 USC 6501 

Abstract: This rulemaking would 

amend sections of the NOP regulations 

which pertain to the inspection and 

testing of agricultural products to be 

sold or labeled as ‘‘organic’’. 

Specifically, this action would 

incorporate provisions to require that 

certifying agents conduct periodic 

residue testing of organic products to 

determine if the products contain 

pesticides in violation of the NOP 

regulations and, if so, the process by 

which violations are reported and 

enforcement actions should be taken. 

Timetable: 

Action Date FR Cite 

NPRM 04/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Melissa R. Bailey, 

Director, Standards Division, 

Department of Agriculture, Agricultural 

Marketing Service, Washington, DC 

20250 

Phone: 202 720–3252 

Fax: 202 205–7808 

Email: melissa.bailey@usda.gov 

RIN: 0581–AD10 

Department of Agriculture (USDA) Final Rule Stage 

Agricultural Marketing Service (AMS) 

178. NATIONAL DAIRY PROMOTION 

AND RESEARCH PROGRAM; DAIRY 

IMPORT ASSESSMENTS, DA–08–0050 

Regulatory Plan: This entry is Seq. No. 

2 in part II of this issue of the Federal 

Register. 

RIN: 0581–AC87 

179. NATIONAL ORGANIC PROGRAM: 

AMENDMENTS TO THE NATIONAL 

LIST (CROPS, LIVESTOCK, AND 

PROCESSING) TM–09–0003 

Legal Authority: 7 USC 6517 and 6518 

Abstract: The Agricultural Marketing 

Service is amending the National List 

of Allowed and Prohibited Substances 

contained in the National Organic 

Program regulations. This rule would 

add six new substances and remove 

one from the list. 

Timetable: 

Action Date FR Cite 

NPRM 06/03/09 74 FR 26591 

NPRM Comment 

Period End 

08/03/09 

Final Action 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Melissa R. Bailey, 

Director, Standards Division, 

Department of Agriculture, Agricultural 

Marketing Service, Washington, DC 

20250 

Phone: 202 720–3252 

Fax: 202 205–7808 

Email: melissa.bailey@usda.gov 

RIN: 0581–AC91 

BILLING CODE 3410—02—S 

Department of Agriculture (USDA) Final Rule Stage 

Farm Service Agency (FSA) 

180. EMERGENCY FOREST 

RESTORATION PROGRAM 

Legal Authority: PL 110–246 

Abstract: A new subpart will be added 

to the regulations in 7 CFR part 701 

to implement the Emergency Forest 

Restoration Program (EFRP), which was 

authorized by the 2008 Farm Bill. EFRP 

will provide cost-share funding to 

owners of nonindustrial private forest 

land to restore the land after the land 

is damaged by a natural disaster. The 

damaged land must have had a tree 

cover immediately before the natural 

disaster. 

Timetable: 

Action Date FR Cite 

Interim Rule 11/17/10 75 FR 70083 


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USDA—FSA Final Rule Stage 

Action Date FR Cite 

Interim Final Rule 

Effective 

11/17/10 

Interim Final Rule 

Comment Period 

End 

01/18/11 

Final Action To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Deirdre Holder, 

Director, Regulatory Review Group, 

Department of Agriculture, Farm 

Service Agency, 1400 Independence 

Avenue SW, Washington, DC 

20250–0572 

Phone: 202 205–5851 

Fax: 202 720–5233 

Email: deirdre.holder@wdc.usda.gov 

RIN: 0560–AH89 

181. FARM LOAN PROGRAMS LOAN 

MAKING ACTIVITIES 

Legal Authority: PL 110–246 

Abstract: The rule will implement the 

provisions of the 2008 Farm Bill that 

affect Farm Loan Programs (FLP) Loan 

Making Division (LMD); there is 

discretion involved in the 

implementation. The sections being 

implemented are: 5001, Direct Loans; 

5005, Beginning Farmer or Rancher and 

Socially Disadvantaged Farmer or 

Rancher Contract Land Sales Program 

Down Payment Loan Program; 5101, 

Farming Experience as an Eligibility 

Requirement; 5201, Eligibility of Equine 

Farmers and Ranchers for Emergency 

Loans; 5301, Beginning Farmer and 

Rancher Individual Development 

Accounts Pilot Program; and 5501, 

Loans to Purchase Highly Fractionated 

Land. 

A Beginning Farmer and Rancher 

Individual Development Accounts fiveyear pilot program will be established 

in at least 15 States. The program 

entails FSA making grants to qualified 

nonprofit organizations who then 

deliver the program to eligible 

participants. Grantees must match 50 

percent of the grant received. Under the 

program, qualified, low-income 

beginning farmers or prospective 

beginning farmers would establish 

saving accounts with a monthly deposit 

plan administered by the grantees. The 

program funds must match the 

participants’ deposits at a minimum of 

100 percent and a maximum of 200 

percent. Participants must use the 

savings account funds toward the 

purchase of farmland, livestock, or 

similar farm start-up/operating 

expenses. The program must be 

operated by and in conjunction with 

FSA farm loan programs. The initial 

applications for the program must be 

approved no more than one year after 

the law is enacted. The program is not 

mandatory; an appropriation of up to 

$5 million annually is authorized to 

fund the program. 

Individual tribal members will be 

allowed to qualify for Indian Land 

Acquisition loans. 

Timetable: 

Action Date FR Cite 

NPRM 09/23/10 75 FR 57866 

NPRM Comment 

Period End 

11/22/10 

Final Rule 05/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Deirdre Holder, 

Director, Regulatory Review Group, 

Department of Agriculture, Farm 

Service Agency, 1400 Independence 

Avenue SW, Washington, DC 

20250–0572 

Phone: 202 205–5851 

Fax: 202 720–5233 

Email: deirdre.holder@wdc.usda.gov 

RIN: 0560–AI03 

182. CONSERVATION LOAN 

GUARANTEE PROGRAM 

Legal Authority: PL 110–246 

Abstract: The rule will implement the 

provisions of the 2008 Farm Bill that 

affect Farm Loan Programs (FLP) Loan 

Making Division (LMD); there is 

discretion in how several of the 

provisions are implemented. The 

section being implemented is 5002, 

Conservation Loan and Loan Guarantee. 

Implementation of this provision will 

create a new direct and guaranteed loan 

program directed at assisting farmers in 

implementing conservation practices. 

The rule establishes a new loan and 

loan guarantee program to finance 

qualifying conservation projects. All 

guarantees will be at 75 percent of the 

loan amount. The applicant must have 

an acceptable conservation plan that 

includes the project(s) to be financed. 

Preference is given to beginning farmer 

and socially disadvantaged applicants, 

conversion to sustainable or organic 

production practices, and compliance 

with highly erodible land conservation 

requirements. Eligibility for the 

program is not restricted to those who 

cannot get credit elsewhere. The 

program is not mandatory; 

appropriations are authorized. 

Timetable: 

Action Date FR Cite 

Interim Rule 09/03/10 75 FR 54005 

Interim Rule Comment 

Period End 

11/02/10 

Final Rule 05/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Deirdre Holder, 

Director, Regulatory Review Group, 

Department of Agriculture, Farm 

Service Agency, 1400 Independence 

Avenue SW, Washington, DC 

20250–0572 

Phone: 202 205–5851 

Fax: 202 720–5233 

Email: deirdre.holder@wdc.usda.gov 

RIN: 0560–AI04 

183. LOAN SERVICING; FARM LOAN 

PROGRAMS 

Legal Authority: PL 110–246 

Abstract: The 2008 Farm Bill requires 

several changes to the Farm Service 

Agency (FSA) Farm Loan Program 

(FLP) loan servicing regulations. An 

overall plan will be established to 

insure that borrowers can be 

transitioned to private credit in the 

shortest timeframe practicable. At 

present, FSA monitors the status of all 

borrowers to determine if graduation is 

possible. The 2008 Farm Bill 

emphasizes this responsibility and 

insures that FSA uses all the tools 

available to graduate borrowers to 

commercial credit as soon as they can 

financially do so. In 2007, over 2,500 

direct borrowers (about 3.7 percent of 

the portfolio) graduated to commercial 

credit. FSA believes graduation will 

continue in the 3 to 5 percent range 

and is dependant on the overall farm 

economy. 

The right of an FSA borrower-owner to 

purchase leased property under 

Homestead Protection will be extended 

beyond the borrower-owner to the 

immediate family. Currently, FSA only 

has 38 properties in Homestead 

Protection. 

Acceleration and foreclosure will be 

suspended on borrowers who file a 

claim of program discrimination against 

the Department or have a claim 


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USDA—FSA Final Rule Stage 

pending. Interest accrual and offset will 

also be suspended during the time of 

the moratorium. If the borrower does 

not prevail in the claim, the interest, 

which would have accrued during the 

moratorium, will be due and offset on 

the account will be reestablished. 

Timetable: 

Action Date FR Cite 

NPRM 08/07/09 74 FR 39565 

NPRM Comment 

Period End 

10/06/09 

Final Rule 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Deirdre Holder, 

Director, Regulatory Review Group, 

Department of Agriculture, Farm 

Service Agency, 1400 Independence 

Avenue SW, Washington, DC 

20250–0572 

Phone: 202 205–5851 

Fax: 202 720–5233 

Email: deirdre.holder@wdc.usda.gov 

RIN: 0560–AI05 

Department of Agriculture (USDA) Completed Actions 

Farm Service Agency (FSA) 

184. BIOMASS CROP ASSISTANCE 

PROGRAM 

Legal Authority: PL 110–246 

Abstract: A new regulation was added 

to implement the Biomass Crop 

Assistance Program (BCAP) as required 

by the 2008 Farm Bill. We will 

collaborate with USDA/Rural 

Development (RD), private industry and 

agricultural and forest land owners to 

support the evaluation and selection of 

BCAP project areas. BCAP project areas 

must include a commitment to use 

local production; evidence of sufficient 

equity (if the facility is not operational 

at the time of proposal); anticipated 

economic impacts; opportunities for 

local ownership; the participation rate 

by beginning and socially 

disadvantaged farmers and ranchers; 

the impact on soil, water, and related 

resources; and the variety in biomass 

production approaches. FSA will 

partner with RD, which has capability 

and responsibility, including the 

potential for providing funding for 

proposed biomass conversion facility, 

regarding BCAP project area evaluation 

and selection. After BCAP project area 

selection, FSA, acting on behalf of the 

Commodity Credit Corporation (CCC), 

may enter into contracts with BCAP 

project area producers for a term of up 

to 5 years for annual and perennial 

crops, and up to 15 years for woody 

biomass. 

Completed: 

Reason Date FR Cite 

Final Action 10/27/10 75 FR 66201 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Deirdre Holder 

Phone: 202 205–5851 

Fax: 202 720–5233 

Email: deirdre.holder@wdc.usda.gov 

RIN: 0560–AH92 

BILLING CODE 3410—05—S 

Department of Agriculture (USDA) Proposed Rule Stage 

Animal and Plant Health Inspection Service (APHIS) 

185. ANIMAL WELFARE: MARINE 

MAMMALS; NONCONSENSUS 

LANGUAGE, AND INTERACTIVE 

PROGRAMS (RULEMAKING 

RESULTING FROM A SECTION 610 

REVIEW) 

Legal Authority: 7 USC 2131 to 2159 

Abstract: The U.S. Department of 

Agriculture regulates the humane 

handling, care, treatment, and 

transportation of certain marine 

mammals under the Animal Welfare 

Act. The present standards for these 

animals have been in effect since 1979 

and amended in 1984. During this time, 

advances have been made and new 

information has been developed with 

regard to the housing and care of 

marine mammals. This rulemaking 

addresses marine mammal standards on 

which consensus was not reached 

during negotiated rulemaking 

conducted between September 1995 

and July 1996. These include standards 

affecting variances, indoor facilities, 

outdoor facilities, space requirements, 

and water quality, as well as swimwith-the-dolphin programs. These 

actions appear necessary to ensure that 

the minimum standards for the humane 

handling, care, treatment, and 

transportation of marine mammals in 

captivity are based on current general, 

industry, and scientific knowledge and 

experience. 

Timetable: 

Action Date FR Cite 

ANPRM 05/30/02 67 FR 37731 

ANPRM Comment 

Period End 

07/29/02 

NPRM 12/00/10 

NPRM Comment 

Period End 

02/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Barbara Kohn, Senior 

Staff Veterinarian, Animal Care, 

Department of Agriculture, Animal and 

Plant Health Inspection Service, 4700 

River Road, Unit 84, Riverdale, MD 

20737–1234 

Phone: 301 734–7833 

RIN: 0579–AB24 

186. ANIMAL WELFARE; 

REGULATIONS AND STANDARDS 

FOR BIRDS 

Regulatory Plan: This entry is Seq. No. 

3 in part II of this issue of the Federal 

Register. 

RIN: 0579–AC02 

187. BOVINE SPONGIFORM 

ENCEPHALOPATHY; IMPORTATION 

OF BOVINES AND BOVINE 

PRODUCTS 

Legal Authority: 7 USC 450; 7 USC 

1622; 7 USC 7701 to 7772; 7 USC 8301 

to 8317; 21 USC 136 and 136a; 31 USC 

9701 

Abstract: This rulemaking would 

amend the regulations regarding the 


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USDA—APHIS Proposed Rule Stage 

importation of bovines and bovine 

products. Under this rulemaking, 

countries would be classified as either 

negligible risk, controlled risk, or 

undetermined risk for bovine 

spongiform encephalopathy (BSE). 

Some commodities would be allowed 

importation into the United States 

regardless of the BSE classification of 

the country of export. Other 

commodities would be subject to 

importation restrictions or prohibitions 

based on the type of commodity and 

the BSE classification of the country. 

The criteria for country classification 

and commodity import would be 

closely aligned with those of the World 

Organization for Animal Health. This 

rulemaking would also address public 

comments received in response to a 

September 2008 request for comments 

regarding certain provisions of an 

APHIS January 2005 final rule. 

Timetable: 

Action Date FR Cite 

NPRM 02/00/11 

NPRM Comment 

Period End 

04/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Christopher 

Robinson, Senior Staff Veterinarian, 

Technical Trade Services, National 

Center for Import and Export, VS, 

Department of Agriculture, Animal and 

Plant Health Inspection Service, 4700 

River Road, Unit 40, Riverdale, MD 

20737–1231 

Phone: 301 734–7837 

RIN: 0579–AC68 

188. VIRAL HEMORRHAGIC 

SEPTICEMIA; INTERSTATE 

MOVEMENT AND IMPORT 

RESTRICTIONS ON CERTAIN LIVE 

FISH 

Legal Authority: 7 USC 1622; 7 USC 

8301 to 8317; 21 USC 136 and 136a; 

31 USC 9701 

Abstract: We are establishing 

regulations to restrict the interstate 

movement and importation into the 

United States of live fish that are 

susceptible to viral hemorrhagic 

septicemia, a highly contagious disease 

of certain fresh and saltwater fish. Viral 

hemorrhagic septicemia has been 

detected in freshwater fish in several 

of the Great Lakes and related 

tributaries. The disease has been 

responsible for several large-scale dieoffs of wild fish in the Great Lakes 

region. This action is necessary to 

prevent further introductions into, and 

dissemination within, the United States 

of viral hemorrhagic septicemia. This 

proposed rule replaces a previously 

published but not effective interim rule 

that contained substantially different 

restrictions on the interstate movement 

and importation of VHS-susceptible 

live fish. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 09/09/08 73 FR 52173 

Interim Final Rule 

Comment Period 

End 

11/10/08 

Interim Final Rule: 

Delay of Effective 

Date 

10/28/08 73 FR 63867 

Interim Final Rule 

Effective 

01/09/09 

Interim Final Rule: 

Delay of Effective 

Date 

01/02/09 74 FR 1 

NPRM 12/00/10 

NPRM Comment 

Period End 

03/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Christa Speekmann, 

Import/Export Specialist, Aquaculture, 

National Center for Import and Export, 

VS, Department of Agriculture, Animal 

and Plant Health Inspection Service, 

4700 River Road, Unit 39, Riverdale, 

MD 20737–1236 

Phone: 301 734–8695 

RIN: 0579–AC74 

189. SCRAPIE IN SHEEP AND GOATS 

Legal Authority: 7 USC 8301 to 8317 

Abstract: This rulemaking would 

amend the scrapie regulations by 

changing the risk groups and categories 

established for individual animals and 

for flocks, increasing the use of genetic 

testing as a means of assigning risk 

levels to animals, reducing movement 

restrictions for animals found to be 

genetically less susceptible or resistant 

to scrapie, and simplifying, reducing, 

or removing certain recordkeeping 

requirements. This action would 

provide designated scrapie 

epidemiologists with more alternatives 

and flexibility when testing animals in 

order to determine flock designations 

under the regulations. It would change 

the definition of high-risk animal, 

which will change the types of animals 

eligible for indemnity, and to pay 

higher indemnity for certain pregnant 

ewes and early maturing ewes. It would 

also make the identification and 

recordkeeping requirements for goat 

owners consistent with those for sheep 

owners. These changes would affect 

sheep and goat producers and State 

governments. 

Timetable: 

Action Date FR Cite 

NPRM 01/00/11 

NPRM Comment 

Period End 

03/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Diane Sutton, 

National Scrapie Program Coordinator, 

Ruminant Health Programs, NCAHP, 

VS, Department of Agriculture, Animal 

and Plant Health Inspection Service, 

4700 River Road, Unit 43, Riverdale, 

MD 20737–1235 

Phone: 301 734–6954 

RIN: 0579–AC92 

190. PLANT PEST REGULATIONS; 

UPDATE OF GENERAL PROVISIONS 

Regulatory Plan: This entry is Seq. No. 

4 in part II of this issue of the Federal 

Register. 

RIN: 0579–AC98 

191. BOVINE SPONGIFORM 

ENCEPHALOPATHY AND SCRAPIE; 

IMPORTATION OF SMALL 

RUMINANTS AND THEIR 

GERMPLASM, PRODUCTS, AND 

BYPRODUCTS 

Legal Authority: 7 USC 450; 7 USC 

1622; 7 USC 7701 to 7772; 7 USC 7781 

to 7786; 7 USC 8301 to 8317; 21 USC 

136 and 136a; 31 USC 9701 

Abstract: This rulemaking would 

amend 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. Some countries from 

which such imports would be allowed 

under this rule are currently those from 

which the importation of live sheep, 

goats, wild ruminants, their embryos, 

and ruminant products and byproducts 

are prohibited under existing BSE 

regulations. Some products would be 

allowed importation without restriction 

due to the inherent lack of BSE risk 

regarding the product. Certain other 

products and live animals would be 


jlentini on DSKJ8SOYB1PROD with PROPOSALS6
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USDA—APHIS Proposed Rule Stage 

allowed importation if it can be 

certified that the live animals or the 

animals from which the products were 

derived were born after implementation 

of an effective feed ban. The proposed 

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 03/00/11 

NPRM Comment 

Period End 

05/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Betzaida Lopez, Staff 

Veterinarian, Technical Trade Services, 

National Center for Import and Export, 

VS, Department of Agriculture, Animal 

and Plant Health Inspection Service, 

4700 River Road, Unit 39, Riverdale, 

MD 20737–1231 

Phone: 301 734–5677 

RIN: 0579–AD10 

Department of Agriculture (USDA) Final Rule Stage 

Animal and Plant Health Inspection Service (APHIS) 

192. IMPORTATION OF PLANTS FOR 

PLANTING; ESTABLISHING A NEW 

CATEGORY OF PLANTS FOR 

PLANTING NOT AUTHORIZED FOR 

IMPORTATION PENDING PEST RISK 

ANALYSIS (RULEMAKING RESULTING 

FROM A SECTION 610 REVIEW) 

Regulatory Plan: This entry is Seq. No. 

7 in part II of this issue of the Federal 

Register. 

RIN: 0579–AC03 

193. CITRUS CANKER; 

COMPENSATION FOR CERTIFIED 

CITRUS NURSERY STOCK 

Legal Authority: 7 USC 7701 to 7772; 

7 USC 7781 to 7786 

Abstract: This action follows a 

rulemaking that established provisions 

under which eligible commercial citrus 

nurseries may, subject to the 

availability of appropriated funds, 

receive payments for certified citrus 

nursery stock destroyed to eradicate or 

control citrus canker. The payment of 

these funds is necessary in order to 

reduce the economic effects on affected 

commercial citrus nurseries that have 

had certified citrus nursery stock 

destroyed to control citrus canker. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 06/08/06 71 FR 33168 

Interim Final Rule 

Effective 

06/08/06 

Interim Final Rule 

Comment Period 

End 

08/07/06 

Final Action 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Lynn E. Goldner, 

National Program Manager, Emergency 

and Domestic Programs, PPQ, 

Department of Agriculture, Animal and 

Plant Health Inspection Service, 4700 

River Road, Unit 137, Riverdale, MD 

20737–1231 

Phone: 301 734–7228 

RIN: 0579–AC05 

194. IMPORTATION OF POULTRY AND 

POULTRY PRODUCTS FROM 

REGIONS AFFECTED WITH HIGHLY 

PATHOGENIC AVIAN INFLUENZA 

Legal Authority: 7 USC 1622; 7 USC 

8301 to 8317; 21 USC 136 and 136a 

Abstract: This rulemaking will amend 

the regulations concerning the 

importation of animals and animal 

products to prohibit or restrict the 

importation of birds, poultry, and bird 

and poultry products from regions that 

have reported the presence in 

commercial birds or poultry of highly 

pathogenic avian influenza other than 

subtype H5N1. This action will 

supplement existing prohibitions and 

restrictions on articles from regions that 

have reported the presence of exotic 

Newcastle disease or highly pathogenic 

avian influenza subtype H5N1. The 

new restrictions will be almost 

identical to those imposed on articles 

from regions with exotic Newcastle 

disease. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 12/00/10 

Interim Final Rule 

Comment Period 

End 

02/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Julia Punderson, 

Senior Staff Veterinarian, NCIE, Animal 

Health Policy and Programs, VS, 

Department of Agriculture, Animal and 

Plant Health Inspection Service, 4700 

River Road, Unit 38, Riverdale, MD 

20737 

Phone: 301 734–4356 

RIN: 0579–AC36 

195. HANDLING OF ANIMALS; 

CONTINGENCY PLANS 

Legal Authority: 7 USC 2131 to 2159 

Abstract: This rulemaking will 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. These requirements are 

necessary because we believe all 

licensees and registrants should 

develop a contingency plan for all 

animals regulated under the Animal 

Welfare Act in an effort to better 

prepare for potential disasters. This 

action will 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 End 

02/20/09 

Final Action 01/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Jeanie Lin, National 

Emergency Programs Manager, Animal 

Care, Department of Agriculture, 

Animal and Plant Health Inspection 


jlentini on DSKJ8SOYB1PROD with PROPOSALS6
79718 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

USDA—APHIS Final Rule Stage 

Service, 4700 River Road, Unit 84, 

Riverdale, MD 20737 

Phone: 301 734–7833 

RIN: 0579–AC69 

Department of Agriculture (USDA) Long-Term Actions 

Animal and Plant Health Inspection Service (APHIS) 

196. PHYTOPHTHORA RAMORUM; 

QUARANTINE AND REGULATIONS 

Legal Authority: 7 USC 7701 to 7772; 

7 USC 7781 to 7786 

Abstract: The interim rule amended 

the Phytophthora ramorum regulations 

to make the regulations consistent with 

a Federal Order issued by APHIS in 

December 2004 that established 

restrictions on the interstate movement 

of nursery stock from nurseries in 

nonquarantined counties in California, 

Oregon, and Washington. This action 

also updated conditions for the 

movement of regulated articles of 

nursery stock from quarantined areas, 

as well as restricted the interstate 

movement of all other nursery stock 

from nurseries in quarantined areas. We 

also updated the list of plants regulated 

because of P. ramorum and the list of 

areas that are quarantined for P. 

ramorum and made other 

miscellaneous revisions to the 

regulations. These actions are necessary 

to prevent the spread of P. ramorum 

to noninfested areas of the United 

States. We will continue to update the 

regulations through additional 

rulemakings as new scientific 

information on this pathogen becomes 

available. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 02/27/07 72 FR 8585 

Interim Final Rule 

Effective 

02/27/07 

Interim Final Rule 

Comment Period 

End 

04/30/07 

Final Action To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Prakash Hebbar 

Phone: 301 734–5717 

RIN: 0579–AB82 

197. BOLL WEEVIL; QUARANTINE 

AND REGULATIONS 

Legal Authority: 7 USC 7701 to 7772; 

7 USC 7781 to 7786 

Abstract: This action would establish 

domestic boll weevil regulations that 

would restrict the interstate movement 

of regulated articles within regulated 

areas and from regulated areas into or 

through nonregulated areas in 

commercial cotton-producing States. 

The regulations would help prevent the 

artificial spread of boll weevil into 

noninfested areas of the United States 

and the reinfestation of areas from 

which the boll weevil has been 

eradicated. 

Timetable: 

Action Date FR Cite 

NPRM 10/31/06 71 FR 63707 

NPRM Comment 

Period End 

01/02/07 

NPRM Comment 

Period Extended 

12/20/06 71 FR 76224 

NPRM Comment 

Period End 

02/01/07 

Next Action Undetermined 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: William Grefenstette 

Phone: 301 734–8676 

RIN: 0579–AB91 

198. INTRODUCTION OF ORGANISMS 

AND PRODUCTS ALTERED OR 

PRODUCED THROUGH GENETIC 

ENGINEERING 

Legal Authority: 7 USC 7701 to 7772; 

7 USC 7781 to 7786; 31 USC 9701 

Abstract: This rulemaking would revise 

the regulations regarding the 

importation, interstate movement, and 

environmental release of certain 

genetically engineered organisms in 

order to bring the regulations into 

alignment with provisions of the Plant 

Protection Act. The revisions would 

also update the regulations in response 

to advances in genetic science and 

technology and our accumulated 

experience in implementing the current 

regulations. This is the first 

comprehensive review and revision of 

the regulations since they were 

established in 1987. This rule would 

affect persons involved in the 

importation, interstate movement, or 

release into the environment of 

genetically engineered plants and 

certain other genetically engineered 

organisms. 

Timetable: 

Action Date FR Cite 

Notice of Intent to 

Prepare an 

Environmental 

Impact Statement 

01/23/04 69 FR 3271 

Comment Period End 03/23/04 

Notice of Availability of 

Draft Environmental 

Impact Statement 

07/17/07 72 FR 39021 

Comment Period End 09/11/07 

NPRM 10/09/08 73 FR 60007 

NPRM Comment 

Period End 

11/24/08 

Correction 11/10/08 73 FR 66563 

NPRM Comment 

Period Reopened 

01/16/09 74 FR 2907 

NPRM Comment 

Period End 

03/17/09 

NPRM; Notice of 

Public Scoping 

Session 

03/11/09 74 FR 10517 

NPRM Comment 

Period Reopened 

04/13/09 74 FR 16797 

NPRM Comment 

Period End 

06/29/09 

Next Action Undetermined 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: John Turner 

Phone: 301 734–5720 

RIN: 0579–AC31 

199. ANIMAL WELFARE; CLIMATIC 

AND ENVIRONMENTAL CONDITIONS 

FOR TRANSPORTATION OF 

WARM–BLOODED ANIMALS OTHER 

THAN MARINE MAMMALS 

Legal Authority: 7 USC 2131 to 2159 

Abstract: This rulemaking would 

amend the Animal Welfare Act 

regulations regarding transportation of 

live animals other than marine 

mammals by removing the current 

ambient temperature requirements for 

various stages in the transportation of 

those animals. The action would 

replace those requirements with a 

single performance standard under 

which the animals would be 

transported under climatic and 

environmental conditions that are 


jlentini on DSKJ8SOYB1PROD with PROPOSALS6
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USDA—APHIS Long-Term Actions 

appropriate for their welfare. The 

regulations currently require that 

ambient temperatures be maintained 

within certain ranges during 

transportation, but animals may be 

transported at ambient temperatures 

below the minimum temperatures if 

their consignor provides a certificate 

signed by a veterinarian certifying that 

the animals are acclimated to 

temperatures lower than the minimum 

temperature. This proposal would make 

acclimation certificates for live animals 

other than marine mammals 

unnecessary. This rulemaking does not 

address marine mammals due to their 

unique requirements for care and 

handling. We believe that establishing 

a single performance standard would 

ensure that warm-blooded animals 

other than marine mammals are 

transported in climatic and 

environmental conditions that are not 

detrimental to their welfare while 

allowing for variations in climatic and 

environmental conditions that are 

suitable for individual animals. 

Timetable: 

Action Date FR Cite 

NPRM 01/03/08 73 FR 413 

NPRM Comment 

Period End 

03/03/08 

NPRM Comment 

Period Reopened 

03/18/08 73 FR 14403 

NPRM Comment 

Period End 

04/17/08 

Next Action Undetermined 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Gerald Rushin 

Phone: 301 734–0954 

RIN: 0579–AC41 

200. LIGHT BROWN APPLE MOTH 

QUARANTINE 

Legal Authority: 7 USC 7701 to 7772; 

7 USC 7781 to 7786 

Abstract: We are quarantining 16 

counties in California and the entire 

State of Hawaii because of the light 

brown apple moth and restricting the 

interstate movement of regulated 

articles from the quarantined areas. 

This action is necessary on an 

emergency basis to prevent the spread 

of the light brown apple moth into 

noninfested areas of the United States. 

Timetable: 

Action Date FR Cite 

Interim Final Rule To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Andrea Simao 

Phone: 301 734–0930 

RIN: 0579–AC71 

201. CITRUS GREENING AND ASIAN 

CITRUS PSYLLID; QUARANTINE AND 

INTERSTATE MOVEMENT 

REGULATIONS 

Legal Authority: 7 USC 7701 to 7772; 

7 USC 7781 to 7786; 21 USC 136 and 

136a 

Abstract: This rulemaking establishes 

regulations that designate the States of 

Florida and Georgia, Puerto Rico, two 

parishes in Louisiana, and two counties 

in South Carolina as quarantined areas 

for citrus greening and Alabama, 

Florida, Guam, Hawaii, Puerto Rico, 

Louisiana, Mississippi, Texas, three 

counties in South Carolina, portions of 

one county in Arizona, and all of three 

and portions of an additional three 

counties in California as quarantined 

areas for Asian citrus psyllid, a vector 

of a bacterium that causes citrus 

greening. It also establishes restrictions 

on the interstate movement of regulated 

articles from the quarantined areas, as 

well as treatments under which Asian 

Citrus psyllid host material may be 

moved interstate from a quarantined 

area. These actions follow the discovery 

of citrus greening and/or Asian citrus 

psyllid in the quarantined areas, and 

are necessary in order to prevent the 

spread of the disease and its vector to 

noninfested areas of the United States. 

Timetable: 

Action Date FR Cite 

Availability of an 

Environmental 

Assessment 

09/09/09 74 FR 46409 

Environmental 

Assessment 

Comment Period 

End 

11/09/09 

Interim Final Rule 06/17/10 75 FR 34322 

Interim Final Rule 

Comment Period 

End 

08/16/10 

Next Action Undetermined 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patrick J. Gomes 

Phone: 919 855–7313 

RIN: 0579–AC85 

Department of Agriculture (USDA) Completed Actions 

Animal and Plant Health Inspection Service (APHIS) 

202. PHYTOSANITARY CERTIFICATES 

FOR IMPORTED FRUITS AND 

VEGETABLES 

Legal Authority: 7 USC 450; 7 USC 

7701 to 7772; 7 USC 7781 to 7786; 21 

USC 136 and 136a 

Abstract: Currently APHIS does not 

require a phytosanitary certificate to 

accompany fruits and vegetables 

imported into the United States except 

for certain fruits and vegetables grown 

in designated foreign regions. This rule 

will require that a phytosanitary 

certificate accompany noncommercial 

consignments of fresh fruits and 

vegetables imported into the United 

States by air passengers. 

Completed: 

Reason Date FR Cite 

Withdrawn: Canceled 

by the Program 

07/09/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Evelia Sosa 

Phone: 301 734–8295 

RIN: 0579–AB18 

203. CITRUS CANKER; QUARANTINE 

OF THE STATE OF FLORIDA 

Legal Authority: 7 USC 7701 to 7772; 

7 USC 7781 to 7786 

Abstract: This action follows an 

interim rule that amended the citrus 

canker regulations to list the entire 

State of Florida as a quarantined area 

for citrus canker and amended the 

requirements for the movement of 

regulated articles from Florida now that 

the eradication of citrus canker in 

Florida is no longer being carried out 

as an objective. It also amended the 

regulations to allow regulated articles 


jlentini on DSKJ8SOYB1PROD with PROPOSALS6
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USDA—APHIS Completed Actions 

that would not otherwise be eligible for 

interstate movement to be moved to a 

port for immediate export. These 

changes were necessary in light of the 

Department’s determination that the 

established eradication program was no 

longer a scientifically feasible option to 

address citrus canker. 

Completed: 

Reason Date FR Cite 

Withdrawn: No Action 

Anticipated Within 

the Next 12 Months 

08/10/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Stephen Poe 

Phone: 301 734–4387 

RIN: 0579–AC07 

204. MINIMUM AGE REQUIREMENTS 

FOR THE TRANSPORT OF ANIMALS 

Legal Authority: 7 USC 2131 to 2159 

Abstract: This rulemaking would 

amend the Animal Welfare Act 

regulations by adding minimum age 

and weaning requirements for the 

transport in commerce of animals. The 

regulations currently contain such 

requirements for dogs and cats, but no 

corresponding ones for other regulated 

animals, despite the risks associated 

with the early transport of these 

species. The rule would also provide 

an exemption to allow animals to be 

transported without their mothers for 

medical treatment and for scientific 

research before reaching the minimum 

age and weaning requirement, provided 

certain conditions are met. Establishing 

minimum age requirements for the 

transport of animals and providing for 

the transport of animals that have not 

met the minimum age requirements are 

necessary to help ensure the humane 

treatment of these animals. 

Completed: 

Reason Date FR Cite 

Withdrawn: No Action 

Anticipated Within 

the Next 12 Months 

08/10/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Barbara Kohn 

Phone: 301 734–7833 

RIN: 0579–AC14 

205. IMPORTATION OF LEMONS 

FROM NORTHWEST ARGENTINA 

Legal Authority: 7 USC 450; 7 USC 

7701 to 7772; 7 USC 7781 to 7786; 21 

USC 136 and 136a 

Abstract: This rulemaking would 

amend the fruits and vegetables 

regulations to allow the importation of 

lemons from northwest Argentina into 

the continental United States. Lemons 

from northwest Argentina would be 

required to be imported in commercial 

consignments, produced and packed 

under specified conditions, treated with 

a surface disinfectant and inspected for 

quarantine pests before shipping, and 

accompanied by a phytosanitary 

certificate. This action would allow for 

the importation of lemons from 

northwest Argentina into the United 

States while continuing to provide 

protection against the introduction of 

quarantine pests. 

Completed: 

Reason Date FR Cite 

Withdrawn: No Action 

Anticipated Within 

the Next 12 Months 

08/18/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Meredith Jones 

Phone: 301 734–7467 

RIN: 0579–AC79 

206. SIREX WOODWASP; 

QUARANTINE AND REGULATIONS 

Legal Authority: 7 USC 7701 to 7772; 

7 USC 7781 to 7786; 21 USC 136 and 

136a 

Abstract: This rulemaking will 

quarantine counties in Michigan, New 

Jersey, New York, Ohio, Pennsylvania, 

and Vermont because of the Sirex 

woodwasp and establish restrictions on 

the interstate movement of regulated 

articles from these quarantined areas. 

This action is necessary on an 

emergency basis to prevent the artificial 

spread of this plant pest to noninfested 

areas of the United States. 

Completed: 

Reason Date FR Cite 

Withdrawn: Canceled 

by the Program 

07/09/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Lynn Evans–Goldner 

Phone: 301 734–7228 

RIN: 0579–AC86 

BILLING CODE 3410—34—S 

Department of Agriculture (USDA) Final Rule Stage 

Rural Housing Service (RHS) 

207. GUARANTEED SINGLE–FAMILY 

HOUSING 

Legal Authority: 5 USC 301; 7 USC 

1989; 42 USC 1480 

Abstract: The Guaranteed SingleFamily Housing program will provide 

better clarity and consistency within 

the program. The action is taken to 

update the regulations to current 

mortgage industry standards and 

provide more guidance on program 

oversight and monitoring. 

Timetable: 

Action Date FR Cite 

NPRM 12/15/99 64 FR 70124 

NPRM Comment 

Period End 

02/14/00 

Final Action 12/00/10 

Final Action Effective 01/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Joaquin Tremols, 

Acting Director, Single–Family Housing 

Guaranteed Loan Division, Department 

of Agriculture, Rural Housing Service, 

1400 Independence Avenue SW, STOP 

0784, Washington, DC 20250 

Phone: 202 720–1465 

Fax: 202 205–2476 

Email: joaquin.tremols@wdc.usda.gov 

RIN: 0575–AC18 

BILLING CODE 3410—XV—S 


jlentini on DSKJ8SOYB1PROD with PROPOSALS6
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Department of Agriculture (USDA) Proposed Rule Stage 

Food Safety and Inspection Service (FSIS) 

208. MANDATORY INSPECTION OF 

CATFISH AND CATFISH PRODUCTS 

Regulatory Plan: This entry is Seq. No. 

18 in part II of this issue of the Federal 

Register. 

RIN: 0583–AD36 

Department of Agriculture (USDA) Final Rule Stage 

Food Safety and Inspection Service (FSIS) 

209. PERFORMANCE STANDARDS 

FOR THE PRODUCTION OF 

PROCESSED MEAT AND POULTRY 

PRODUCTS; CONTROL OF LISTERIA 

MONOCYTOGENES IN 

READY–TO–EAT MEAT AND 

POULTRY PRODUCTS 

Regulatory Plan: This entry is Seq. No. 

21 in part II of this issue of the Federal 

Register. 

RIN: 0583–AC46 

210. FEDERAL–STATE INTERSTATE 

SHIPMENT COOPERATIVE 

INSPECTION PROGRAM 

Regulatory Plan: This entry is Seq. No. 

24 in part II of this issue of the Federal 

Register. 

RIN: 0583–AD37 

211. NEW FORMULAS FOR 

CALCULATING THE BASETIME, 

OVERTIME, HOLIDAY, AND 

LABORATORY SERVICES RATES; 

RATE CHANGES BASED ON THE 

FORMULAS; AND INCREASED FEES 

FOR THE ACCREDITED 

LABORATORY PROGRAM 

Legal Authority: 7 USC 1621 et seq; 

21 USC 601 et seq; 21 USC 451 et seq; 

21 USC 1031 et seq 

Abstract: FSIS is amending its 

regulations to establish formulas for 

calculating the rates that it charges 

meat and poultry establishments, egg 

products plants, and importers and 

exporters for providing voluntary, 

overtime, and holiday inspection, and 

identification, certification, and 

laboratory services. FSIS will publish 

the rates annually in Federal Register 

notices prior to the start of each 

calendar year and will apply them on 

the first FSIS pay period at the 

beginning of the calendar year. The 

Agency is also increasing the codified 

flat annual fee for its Accredited 

Laboratory Program for FY 2012 and FY 

2013. 

Timetable: 

Action Date FR Cite 

NPRM 10/08/09 74 FR 51800 

NPRM Comment 

Period End 

11/09/09 

Final Action 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Rachel Edelstein, 

Director, Policy Issuances Division, 

Department of Agriculture, Food Safety 

and Inspection Service, 1400 

Independence Avenue SW, 

Washington, DC 20250 

Phone: 202 720–0399 

Fax: 202 690–0486 

Email: rachel.edelstein@fsis.usda.gov 

RIN: 0583–AD40 

212. ∑ CHANGES TO THE SCHEDULE 

OF OPERATIONS REGULATIONS 

Legal Authority: 21 USC 601 ; 21 USC 

451 

Abstract: FSIS is proposing to amend 

the meat, poultry products, and egg 

products regulations pertaining to the 

schedule of operations. 

Timetable: 

Action Date FR Cite 

NPRM 08/09/10 75 FR 47726 

NPRM Comment 

Period End 

09/08/10 

Final Action 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Rachel Edelstein, 

Director, Policy Issuances Division, 

Department of Agriculture, Food Safety 

and Inspection Service, 1400 

Independence Avenue SW, 

Washington, DC 20250 

Phone: 202 720–0399 

Fax: 202 690–0486 

Email: rachel.edelstein@fsis.usda.gov 

RIN: 0583–AD42 

BILLING CODE 3410—DM—S 

Department of Agriculture (USDA) Proposed Rule Stage 

Forest Service (FS) 

213. SPECIAL AREAS; 

STATE–SPECIFIC INVENTORIED 

ROADLESS AREA MANAGEMENT: 

COLORADO 

Legal Authority: Not Yet Determined 

Abstract: On April 11, 2007, Governor 

of Colorado Ritter submitted a petition 

under the provisions of the 

Administrative Procedure Act (5 U.S.C. 

553(e)) and Agriculture Department 

regulation (7 CFR 1.28) to promulgate 

regulations, in cooperation with the 

State, for the management of 

inventoried roadless areas within the 

State of Colorado. After review and 

recommendation by the Roadless Area 

Conservation National Advisory 

Committee, the Secretary accepted the 

Governor’s petition and initiated a 

proposed rulemaking for inventoried 

roadless areas in Colorado. The 

proposed rulemaking would manage 

Colorado’s inventoried roadless areas 

by prohibiting road building and tree 

cutting, with some exceptions, on 4.1 

million acres of inventoried roadless 

areas in Colorado. The 4.1 million acres 

reflect the most updated IRA 

boundaries for Colorado, which 

incorporate planning rule revisions 

since 2001 on several Colorado national 

forests. Inventoried roadless areas that 


jlentini on DSKJ8SOYB1PROD with PROPOSALS6
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USDA—FS Proposed Rule Stage 

are allocated to ski area special uses 

(approximately 10,000 acres) would 

also be removed from roadless 

designation. Road construction and 

reconstruction plus timber harvesting 

would be prohibited in inventoried 

roadless areas, with some exceptions, 

on the Arapaho-Roosevelt, Grand MesaUncompahgre, Gunnison, Manti-La Sal, 

Pike-San Isabel, Rio Grande, Routt, San 

Juan, and White River National Forests 

in Colorado. Exceptions to the 

prohibitions would be allowed for 

certain health, safety, valid existing 

rights, resource protection, and 

ecological management needs. 

Web site: http://roadless.fs.fed.us 

Timetable: 

Action Date FR Cite 

NPRM 07/25/08 73 FR 43544 

NPRM Comment 

Period End 

10/23/08 

Second NPRM 01/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Lorrie Parker, 

Regulatory Analyst, Department of 

Agriculture, Forest Service, ATTN: 

ORMS, D&R Branch, 1400 

Independence Avenue SW, 

Washington, DC 20250–0003 

Phone: 202 205–6560 

Fax: 202 205–6539 

Email: lsparker@fs.fed.us 

RIN: 0596–AC74 

BILLING CODE 3410—11—S 

Department of Agriculture (USDA) Proposed Rule Stage 

Office of the Secretary (AgSEC) 

214. DESIGNATION OF BIOBASED 

ITEMS FOR FEDERAL 

PROCUREMENT, ROUND 7 

Legal Authority: PL 110–246 

Abstract: Designates bath products; 

concrete and asphalt cleaners, 

including microbial and non-microbial 

concrete and asphalt cleaners as 

subcategories; corrosion removers; 

dishwashing detergents; floor cleaners 

and protectors; hair cleaning products, 

including shampoos and conditioners 

as subcategories; microbial cleaners; 

oven and grill cleaners; slide way 

lubricants; and thermal shipping 

containers, including durable and nondurable thermal shipping containers as 

subcategories. 

Timetable: 

Action Date FR Cite 

NPRM 11/23/10 75 FR 71492 

NPRM Comment 

Period End 

01/24/11 

Final Action 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Ron Buckhalt, 

Manager, BioPreferred Program, Office 

of Procurement and Policy 

Management, Department of 

Agriculture, 361 Reporters Building, 

300 7th Street SW, Washington, DC 

20250 

Phone: 202 205–4008 

Fax: 202 720–8972 

Email: ronb.buckhalt@da.usda.gov 

RIN: 0503–AA36 

215. DESIGNATION OF BIOBASED 

ITEMS FOR FEDERAL 

PROCUREMENT, ROUND 8 

Legal Authority: PL 110–246 

Abstract: Designates an additional 15 

groups of biobased products for 

preferred procurement. 

Timetable: 

Action Date FR Cite 

NPRM 04/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Ron Buckhalt, 

Manager, BioPreferred Program, Office 

of Procurement and Policy 

Management, Department of 

Agriculture, 361 Reporters Building, 

300 7th Street SW, Washington, DC 

20250 

Phone: 202 205–4008 

Fax: 202 720–8972 

Email: ronb.buckhalt@da.usda.gov 

RIN: 0503–AA39 

216. REVISED PROGRAM GUIDELINES 

Legal Authority: PL 110–246 

Abstract: The 2008 Farm Bill requires 

USDA to address how the BioPreferred 

Program will designate complex 

products and intermediate materials 

and feed stocks and make other 

changes to update program guidelines. 

Timetable: 

Action Date FR Cite 

NPRM 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Ron Buckhalt, 

Manager, BioPreferred Program, Office 

of Procurement and Policy 

Management, Department of 

Agriculture, 361 Reporters Building, 

300 7th Street SW, Washington, DC 

20250 

Phone: 202 205–4008 

Fax: 202 720–8972 

Email: ronb.buckhalt@da.usda.gov 

RIN: 0503–AA40 

Department of Agriculture (USDA) Final Rule Stage 

Office of the Secretary (AgSEC) 

217. VOLUNTARY LABELING 

PROGRAM FOR DESIGNATED 

BIOBASED PRODUCTS 

Legal Authority: PL 110–246 

Abstract: The purpose of the program 

is to provide a ‘‘USDA Certified 

Biobased Product’’ label for use on 

biobased products meeting certain 

criteria to be established in the 

proposed rule, to specify those criteria 

for gaining use of the label, establish 

a system to make the label available 

to manufacturers and vendors of 

biobased products, and to establish the 

labeling program. 

Timetable: 

Action Date FR Cite 

NPRM 07/31/09 74 FR 38296 


jlentini on DSKJ8SOYB1PROD with PROPOSALS6
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79723 

USDA—AgSEC Final Rule Stage 

Action Date FR Cite 

NPRM Comment 

Period End 

09/29/09 

Final Action 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Ron Buckhalt, 

Manager, BioPreferred Program, Office 

of Procurement and Policy 

Management, Department of 

Agriculture, 361 Reporters Building, 

300 7th Street SW, Washington, DC 

20250 

Phone: 202 205–4008 

Fax: 202 720–8972 

Email: ronb.buckhalt@da.usda.gov 

RIN: 0503–AA35 

[FR Doc. 2010–30451 Filed 12–17–10; 8:45 

am] 

BILLING CODE 3410–90–S 


jlentini on DSKJ8SOYB1PROD with PROPOSALS6