1824 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

2 CFR Subtitle B, Ch. IV 

5 CFR Ch. LXXIII 

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

XIV–XVIII, XX, XXV–XXXVIII, XLII 

9 CFR Chs. I–III 

36 CFR Ch. II 

48 CFR Ch. 4 

Semiannual Regulatory Agenda, Fall 

2017 

AGENCY: Office of the Secretary, USDA. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: This agenda provides 

summary descriptions of the significant 

and not significant regulatory and 

deregulatory actions being developed in 

agencies of the U.S. Department of 

Agriculture (USDA) in conformance 

with Executive Orders (E.O.) 12866 

‘‘Regulatory Planning and Review,’’ 

13771 ‘‘Reducing Regulation and 

Controlling Regulatory Costs,’’ 13777 

‘‘Enforcing the Regulatory Reform 

Agenda,’’ and 13563 ‘‘Improving 

Regulation and Regulatory Review.’’ 

The agenda also describes regulations 

affecting small entities as required by 

section 602 of the Regulatory Flexibility 

Act, Public Law 96–354. This agenda 

also identifies regulatory actions that are 

being reviewed in compliance with 

section 610(c) of the Regulatory 

Flexibility Act. We invite public 

comment on those actions as well as any 

regulation consistent with E.O. 13563. 

USDA has attempted to list all 

regulations and regulatory reviews 

pending at the time of publication 

except for minor and routine or 

repetitive actions, but some may have 

been inadvertently missed. There is no 

legal significance to the omission of an 

item from this listing. Also, the dates 

shown for the steps of each action are 

estimated and are not commitments to 

act on or by the date shown. 

USDA’s complete regulatory agenda is 

available online at www.reginfo.gov. 

Because publication in the Federal 

Register is mandated for the regulatory 

flexibility agendas required by the 

Regulatory Flexibility Act (5 U.S.C. 

602), USDA’s printed agenda entries 

include only: 

(1) Rules that are likely to have a 

significant economic impact on a 

substantial number of small entities; 

and 

(2) Rules identified for periodic 

review under section 610 of the 

Regulatory Flexibility Act. 

For this edition of the USDA 

regulatory agenda, the most important 

regulatory and deregulatory actions are 

summarized in a Statement of 

Regulatory Priorities that is included in 

the Regulatory Plan, which appears in 

both the online regulatory agenda and in 

part II of the Federal Register that 

includes the abbreviated regulatory 

agenda. 

FOR FURTHER INFORMATION CONTACT: For 

further information on any specific 

entry shown in this agenda, please 

contact the person listed for that action. 

For general comments or inquiries about 

the agenda, please contact Michael Poe, 

Office of Budget and Program Analysis, 

U.S. Department of Agriculture, 

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

Dated: November 28, 2017. 

Michael Poe, 

Legislative and Regulatory Staff. 

AGRICULTURAL MARKETING SERVICE—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

139 .................... National Bioengineered Food Disclosure Standard (Reg Plan Seq No. 1) ................................................... 0581–AD54 

140 .................... NOP: Organic Livestock and Poultry Practices (Reg Plan Seq No. 2) .......................................................... 0581–AD75 

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

AGRICULTURAL MARKETING SERVICE—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

141 .................... NOP; Organic Livestock and Poultry Practices ............................................................................................... 0581–AD44 

142 .................... Growers’ Trust Protection Eligibility and the Clarification of ‘‘Written Notifications’’ as Set Forth in Section 

6(b) of the PACA.

0581–AD50 

143 .................... Organic Research, Promotion, and Information Order/Referendum Procedures ........................................... 0581–AD55 

AGRICULTURAL MARKETING SERVICE—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

144 .................... Sunset 2017 Amendments to the National List ............................................................................................... 0581–AD52 

145 .................... NOP; Organic Livestock and Poultry Practices ............................................................................................... 0581–AD74 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

146 .................... Plant Pest Regulations; Update of General Provisions ................................................................................... 0579–AC98 

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

Products, and Byproducts.

0579–AD10 

148 .................... Establishing a Performance Standard for Authorizing the Importation and Interstate Movement of Fruits 

and Vegetables.

0579–AD71 


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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1825 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE—FINAL RULE STAGE—Continued 

Sequence No. Title Regulation 

Identifier No. 

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

150 .................... Animal Welfare; Establishing De Minimis Exemptions From Licensing (Reg Plan Seq No. 5) ..................... 0579–AD99 

151 .................... VSTA Records and Reports Specific to International Standards for Pharmacovigilance ............................... 0579–AE11 

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

ANIMAL AND PLANT HEALTH INSPECTION SERVICE—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

152 .................... Importation of Fresh Pitahaya Fruit From Ecuador Into the Continental United States ................................. 0579–AE12 

153 .................... Importation of Hass Avocados From Colombia ............................................................................................... 0579–AE29 

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

154 .................... Clarification of Scope ....................................................................................................................................... 0580–AB25 

155 .................... Unfair Practices and Unreasonable Preference .............................................................................................. 0580–AB27 

156 .................... Scope of Sections 202(a) and (b) of the Packers and Stockyards Act .......................................................... 0580–AB28 

FOOD SAFETY AND INSPECTION SERVICE—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

157 .................... Elimination of Trichina Control Regulations and Consolidation of Thermally Processed, Commercially 

Sterile Regulations.

0583–AD59 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Agricultural Marketing Service (AMS) 

Proposed Rule Stage 

139. National Bioengineered Food 

Disclosure Standard 

Regulatory Plan: This entry is Seq. 

No. 1 in part II of this issue of the 

Federal Register. 

RIN: 0581–AD54 

140. • NOP: Organic Livestock and 

Poultry Practices 

Regulatory Plan: This entry is Seq. 

No. 2 in part II of this issue of the 

Federal Register. 

RIN: 0581–AD75 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Agricultural Marketing Service (AMS) 

Final Rule Stage 

141. NOP; Organic Livestock and 

Poultry Practices 

E.O. 13771 Designation: Other. 

Legal Authority: 7 U.S.C. 6501 to 6522 

Abstract: This action would establish 

standards that support additional 

practice standards for organic livestock 

and poultry production. This action 

would add provisions to the USDA 

organic regulations to address and 

clarify livestock and poultry living 

conditions (for example, outdoor access, 

housing environment and stocking 

densities), health care practices (for 

example physical alterations, 

administering medical treatment, 

euthanasia), and animal handling and 

transport to and during slaughter. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/13/16 81 FR 21955 

Comment Period 

Extended.

06/08/16 81 FR 36810 

NPRM Comment 

Period End.

07/13/16 

Final Rule ............ 01/19/17 82 FR 7042 

Final Rule Effective.05/14/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Tucker, 

Associate Deputy Administrator, USDA 

National Organic Program, Department 

of Agriculture, Agricultural Marketing 

Service, 1400 Independence Avenue 

SW, Washington, DC 20250, Phone: 202 

720–3252. 

RIN: 0581–AD44 

142. Growers’ Trust Protection 

Eligibility and the Clarification of 

‘‘Written Notifications’’ as Set Forth in 

Section 6(B) of the PACA 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 7 U.S.C. 499 

Abstract: The proposed revisions to 

the regulations would provide greater 

direction to growers that employ 

growers’ agents on how they may 

preserve their trust rights under the 

Perishable Agricultural Commodities 

Act (PACA). The proposed revisions 

would also clarify the definition of 

written notification and the jurisdiction 

of the USDA to investigate alleged 

violations under the PACA. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/14/16 81 FR 90255 

NPRM Comment 

Period End.

02/13/17 

Comment Period 

Extended.

02/17/17 82 FR 10966 

Comment Period 

End.

03/15/17 

Final Action ......... 11/00/17 


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Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Judith Wey Rudman, 

Director PACA Division, Department of 

Agriculture, Agricultural Marketing 

Service, 14th & Independence Avenue 

SW, Washington, DC 20250, Phone: 202 

720–9404, Email: judithw.rudman@

ams.usda.gov. 

RIN: 0581–AD50 

143. Organic Research, Promotion, and 

Information Order/Referendum 

Procedures 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 7 U.S.C. 7411 to 

7425; 7 U.S.C. 7401 

Abstract: This rule invites comments 

on a proposed national research and 

promotion (R&P) program for certified 

organic products. The proposed 

program would cover the range of 

organic products that are certified and 

sold per the Organic Foods Production 

Act and its implementing regulations as 

well as organic products imported into 

the U.S. under an organic equivalency 

arrangement. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/18/17 82 FR 5438 

Comment Period 

End.

03/20/17 

Final Rule ............ 12/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Heather Pichelman, 

Director, Promotion and Economics, 

Specialty Crops Program, Department of 

Agriculture, Agricultural Marketing 

Service, 1400 Independence Avenue, 

Washington, DC 20250, Phone: 202 720– 

9915. 

RIN: 0581–AD55 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Agricultural Marketing Service (AMS) 

Completed Actions 

144. Sunset 2017 Amendments to the 

National List 

E.O. 13771 Designation: Fully or 

Partially Exempt. 

Legal Authority: 7 U.S.C. 6501 to 6522 

Abstract: This rule addresses eleven 

2017 sunset review recommendations 

submitted to the Secretary by the 

National Organic Standards Board 

(NOSB) following their October 2015 

meeting. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 07/06/17 82 FR 31241 

Final Action Effective.08/07/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Miles V. McEvoy, 

Phone: 202 720–3252. 

RIN: 0581–AD52 

145. NOP; Organic Livestock and 

Poultry Practices 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 7 U.S.C. 6501 to 6522 

Abstract: Because of significant policy 

and legal issues within the final rule 

(0581–AD44), the public was asked to 

comment on which of the following four 

actions they believed would be best for 

USDA to take with regard to the 

disposition of the final rule (0581– 

AD44). The options were: 

• Let the rule become effective on 

November 14, 2017; 

• Suspend the rule indefinitely; 

• Delay the effective date of the rule 

further, beyond the effective date of 

November 14, 2017; and 

• Withdraw the rule so that USDA 

would not pursue implementation of the 

rule. 

Comments were received on all four 

options. Based on the content of the 

comments received and the evaluation 

those comments generated, this action 

will determine the disposition of the 

Organic Livestock and Poultry Practices 

rule published on January 19, 2017. The 

option chosen was to Delay the effective 

date of the rule further, beyond the 

effective date of November 14, 2017. 

Completed: 

Reason Date FR Cite 

NPRM .................. 05/10/17 82 FR 21742 

Final Rule; Delay 

of Effective 

Date.

11/14/17 82 FR 52643 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Tucker, 

Phone: 202 720–3252. 

RIN: 0581–AD74 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Animal and Plant Health Inspection 

Service (APHIS) 

Final Rule Stage 

146. Plant Pest Regulations; Update of 

General Provisions 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 7 U.S.C. 450; 7 U.S.C. 

2260; 7 U.S.C. 7701 to 7772; 7 U.S.C. 

7781 to 7786; 7 U.S.C. 8301 to 8817; 19 

U.S.C. 136; 21 U.S.C. 111; 21 U.S.C. 

114a; 21 U.S.C. 136 and 136a; 31 U.S.C. 

9701; 42 U.S.C. 4331 and 4332 

Abstract: We are revising our 

regulations regarding the movement of 

plant pests. We are establishing criteria 

regarding the movement and 

environmental release of biological 

control organisms, and establishing 

regulations to allow the importation and 

movement in interstate commerce of 

certain types of plant pests without 

restriction by granting exceptions from 

permitting requirements for those pests. 

We are also revising our regulations 

regarding the movement of soil. This 

action clarifies the factors that would be 

considered when assessing the risks 

associated with the movement of certain 

organisms and facilitates the movement 

of regulated organisms and articles in a 

manner that also protects U.S. 

agriculture. 

Timetable: 

Action Date FR Cite 

Notice of Intent 

To Prepare an 

Environmental 

Impact Statement.

10/20/09 74 FR 53673 

Notice Comment 

Period End.

11/19/09 

NPRM .................. 01/19/17 82 FR 6980 

NPRM Comment 

Period Extended.

02/13/17 82 FR 10444 

NPRM Comment 

Period End.

04/19/17 

Final Rule ............ 02/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Colin Stewart, 

Assistant Director, Pests, Pathogens, and 

Biocontrol Permits, PPQ, Department of 

Agriculture, Animal and Plant Health 

Inspection Service, 4700 River Road, 

Unit 133, Riverdale, MD 20737–1236, 

Phone: 301 851–2237. 

RIN: 0579–AC98 

147. Bovine Spongiform 

Encephalopathy and Scrapie; 

Importation of Small Ruminants and 

Their Germplasm, Products, and 

Byproducts 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 7 U.S.C. 450; 7 U.S.C. 

1622; 7 U.S.C. 7701 to 7772; 7 U.S.C. 

7781 to 7786; 7 U.S.C. 8301 to 8317; 21 

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

Abstract: This rulemaking amends the 

bovine spongiform encephalopathy 

(BSE) and scrapie regulations regarding 

the importation of live sheep, goats, and 


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wild ruminants and their embryos, 

semen, products, and byproducts. The 

scrapie revisions regarding the 

importation of sheep, goats, and 

susceptible wild ruminants for other 

than immediate slaughter are similar to 

those recommended by the World 

Organization for Animal Health in 

restricting the importation of such 

animals to those from scrapie-free 

regions or certified scrapie-free flocks. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

09/16/16 

Final Rule ............ 02/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Langston Hull, 

Senior Staff Veterinary Medical Officer, 

Animal Permitting and Negotiating 

Services, VS, Department of Agriculture, 

Animal and Plant Health Inspection 

Service, 4700 River Road, Unit 39, 

Riverdale, MD 20737–1231, Phone: 301 

851–3300. 

RIN: 0579–AD10 

148. Establishing a Performance 

Standard for Authorizing the 

Importation and Interstate Movement 

of Fruits and Vegetables 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 7 U.S.C. 450; 7 U.S.C. 

7701 to 7772; 7 U.S.C. 7781 to 7786; 21 

U.S.C. 136 and 136(a) 

Abstract: This rulemaking will amend 

our regulations governing the 

importations of fruits and vegetables by 

broadening our existing performance 

standard to provide for consideration of 

all new fruits and vegetables for 

importation into the United States using 

a notice-based process. Rather than 

authorizing new imports through 

proposed and final rules and specifying 

import conditions in the regulations, the 

notice-based process uses Federal 

Register notices to make risk analyses 

available to the public for review and 

comment, with authorized commodities 

and their conditions of entry 

subsequently being listed on the 

internet. It also will remove the regionor commodity-specific phytosanitary 

requirements currently found in these 

regulations. Likewise, we are proposing 

an equivalent revision of the 

performance standard in our regulations 

governing the interstate movements of 

fruits and vegetables from Hawaii and 

the U.S. territories (Guam, Northern 

Mariana Islands, Puerto Rico, and the 

U.S. Virgin Islands) and the removal of 

commodity-specific phytosanitary 

requirements from those regulations. 

This action will allow for the 

consideration of requests to authorize 

the importation or interstate movement 

of new fruits and vegetables in a manner 

that enables a more flexible and 

responsive regulatory approach to 

evolving pest situations in both the 

United States and exporting countries. It 

will not, however, alter the sciencebased process in which the risk 

associated with importation or interstate 

movement of a given fruit or vegetable 

is evaluated or the manner in which 

risks associated with the importation or 

interstate movement of a fruit or 

vegetable are mitigated. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/09/14 79 FR 53346 

NPRM Comment 

Period End.

11/10/14 

NPRM Comment 

Period Reopened.

12/04/14 79 FR 71973 

NPRM Comment 

Period End.

01/09/15 

NPRM Comment 

Period Reopened.

02/06/15 80 FR 6665 

NPRM Comment 

Period End.

03/10/15 

Final Rule ............ 12/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Nicole Russo, 

Assistant Director, Regulatory 

Coordination and Compliance, PPQ, 

Department of Agriculture, Animal and 

Plant Health Inspection Service, 4700 

River Road, Unit 133, Riverdale, MD 

20737–1236, Phone: 301 851–2159. 

RIN: 0579–AD71 

149. • Importation of Fresh Citrus Fruit 

From the Republic of South Africa Into 

the Continental United States 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 7 U.S.C. 450; 7 U.S.C. 

7701 to 7772; 7 U.S.C. 7781 to 7786; 21 

U.S.C. 136 and 136a 

Abstract: This rulemaking will amend 

the fruits and vegetables regulations to 

allow the importation of several 

varieties of fresh citrus fruit, as well as 

citrus hybrids, into the continental 

United States from areas in the Republic 

of South Africa where citrus black spot 

has been known to occur. As a 

condition of entry, the fruit will have to 

be produced in accordance with a 

systems approach that includes 

shipment traceability, packinghouse 

registration and procedures, and 

phytosanitary treatment. The fruit will 

also be required to be imported in 

commercial consignments and 

accompanied by a phytosanitary 

certificate issued by the national plant 

protection organization of the Republic 

of South Africa with an additional 

declaration confirming that the fruit has 

been produced in accordance with the 

systems approach. This action will 

allow for the importation of fresh citrus 

fruit, including citrus hybrids, from the 

Republic of South Africa while 

continuing to provide protection against 

the introduction of plant pests into the 

United States. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/28/14 79 FR 51273 

NPRM Comment 

Period End.

10/27/14 

Final Action ......... 06/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marc Phillips, Senior 

Regulatory Policy Specialist, Regulatory 

Coordination and Compliance, PPQ, 

Department of Agriculture, Animal and 

Plant Health Inspection Service, 4700 

River Road, Unit 133, Riverdale, MD 

20737–1231, Phone: 301 851–2114. 

RIN: 0579–AD95 

150. Animal Welfare; Establishing De 

Minimis Exemptions From Licensing 

Regulatory Plan: This entry is Seq. 

No. 5 in part II of this issue of the 

Federal Register. 

RIN: 0579–AD99 

151. • VSTA Records and Reports 

Specific to International Standards for 

Pharmacovigilance 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 21 U.S.C. 151 to 159 

Abstract: This rulemaking will amend 

the Virus-Serum-Toxin Act regulations 

concerning records and reports. This 

change requires veterinary biologics 

licensees and permittees to record and 

submit reports concerning adverse 

events associated with the use of 

biological products they produce or 

distribute. The information that must be 

included in the adverse event reports 

submitted to the Animal and Plant 

Health Inspection Service will be 

provided in separate guidance 

documents. These records and reports 

will help ensure that APHIS can provide 

complete and accurate information to 

consumers regarding adverse reactions 

or other problems associated with the 

use of licensed biological products. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/04/15 80 FR 53475 


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1828 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

Action Date FR Cite 

NPRM Comment 

Period End.

11/03/15 

Final Rule ............ 12/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Donna L. Malloy, 

Operational Support Section, Center for 

Veterinary Biologics, Policy, Evaluation, 

and Licensing, VS, Department of 

Agriculture, Animal and Plant Health 

Inspection Service, 4700 River Road, 

Unit 148, Riverdale, MD 20737–1231, 

Phone: 301 851–3426. 

RIN: 0579–AE11 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Animal and Plant Health Inspection 

Service (APHIS) 

Completed Actions 

152. Importation of Fresh Pitahaya 

Fruit From Ecuador Into the 

Continental United States 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 7 U.S.C. 450; 7 U.S.C. 

7701 to 7772; 7 U.S.C. 7781 to 7786; 21 

U.S.C. 136 and 136a 

Abstract: This rulemaking amends the 

fruits and vegetables regulations to 

allow the importation of fresh pitahaya 

fruit into the continental United States 

from Ecuador. As a condition of entry, 

the fruit will have to be produced in 

accordance with a systems approach 

that includes requirements for fruit fly 

trapping, pre-harvest inspections, 

approved production sites, and 

packinghouse procedures designed to 

exclude quarantine pests. The fruit will 

also be required to be imported in 

commercial consignments and 

accompanied by a phytosanitary 

certificate issued by the national plant 

protection organization of Ecuador 

stating that the consignment was 

produced and prepared for export in 

accordance with the requirements of the 

systems approach. This action allows 

for the importation of fresh pitahaya 

fruit from Ecuador while continuing to 

provide protection against the 

introduction of plant pests into the 

United States. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 06/20/17 82 FR 27967 

Final Rule Effective.07/20/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Claudia Ferguson, 

Phone: 301 851–2352. 

RIN: 0579–AE12. 

153. • Importation of Hass Avocados 

From Colombia 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 7 U.S.C. 450; 7 U.S.C. 

7701 to 7772; 7 U.S.C. 7781 to 7786; 21 

U.S.C. 136 and 136a 

Abstract: This rulemaking amends the 

regulations to allow the importation of 

fresh Hass avocado fruit from Colombia 

into the continental United States. As a 

condition of entry, fresh Hass avocado 

fruit from Colombia will have to be 

produced in accordance with a systems 

approach that includes orchard and 

packinghouse requirements and port of 

entry inspection. The fruit will also be 

required to be imported in commercial 

consignments and accompanied by a 

phytosanitary certificate issued by the 

national plant protection organization of 

Colombia with an additional declaration 

stating that the fruit has been produced 

in accordance with the requirements. 

This action allows for the importation of 

fresh Hass avocado fruit from Colombia 

while continuing to provide protection 

against the introduction of plant pests 

into the continental United States. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/27/16 81 FR 74722 

NPRM Comment 

Period End.

03/20/17 

NPRM Comment 

Period Reopened.

01/17/17 82 FR 4798 

NPRM Comment 

Period Extended.

02/10/17 82 FR 10312 

Final Rule ............ 08/15/17 82 FR 38591 

Final Rule Effective.09/14/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: David B. Lamb, 

Senior Regulatory Policy Specialist, 

IRM, PPQ, Department of Agriculture, 

Animal and Plant Health Inspection 

Service, 4700 River Road, Unit 133, 

Riverdale, MD 20737–1231, Phone: 301 

851–2103. 

RIN: 0579–AE29 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Grain Inspection, Packers and 

Stockyards Administration (GIPSA) 

Completed Actions 

154. Clarification of Scope 

E.O. 13771 Designation: Regulatory. 

Legal Authority: Pub. L. 110–246; 7 

U.S.C. 181 to 229c 

Abstract: On December 20, 2016, the 

Grain Inspection, Packers and 

Stockyards Administration (GIPSA) 

published an interim final rule on the 

subject matter that was set to become 

effective on February 21, 2017. GIPSA 

published a notice in the Federal 

Register that extended the comment 

period of the interim final rule until 

March 24, 2017, and delayed its 

effective date until April 22, 2017. 

GIPSA sought additional comments 

through a new proposed rule on 

possible actions the Department may 

take that will result in delayed full 

implementation of the rule. GIPSA 

published a notice delaying the effective 

date of the interim final rule for an 

additional 180 days, until October 19, 

2017. 

Completed: 

Reason Date FR Cite 

Notice .................. 04/12/17 82 FR 17531 

Interim Final Rule 

Effective.

10/19/17 

Withdrawn ........... 10/18/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Raymond Dexter 

Thomas, Phone: 202 720–6529, Fax: 202 

690–2173, Email: r.dexter.thomas@

usda.gov. 

RIN: 0580–AB25 

155. Unfair Practices and Unreasonable 

Preference 

E.O. 13771 Designation: Regulatory. 

Legal Authority: Pub. L. 110–246; 7 

U.S.C. 181–229c 

Abstract: Title XI of the 2008 Farm 

Bill required the Secretary of 

Agriculture to issue a number of 

regulations under the P&S Act. Among 

these instructions, the 2008 Farm Bill 

directed the Secretary to identify criteria 

to be considered in determining 

whether an undue or unreasonable 

preference or advantage has occurred in 

violation of the P&S Act. In June of 

2010, the Grain Inspection, Packers and 

Stockyards Administration (GIPSA) 

published a proposed rule addressing 

this statutory requirement along with 

several other rules required by the 2008 

Farm Bill. Proposed 201.211 to the 

regulations under the P&S Act would 


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have established criteria that the 

Secretary may consider in determining 

if conduct would violate section 202(b) 

of the P&S Act (undue or unreasonable 

preference or advantage). While many 

commenters provided examples of 

similarly situated poultry growers and 

livestock producers receiving different 

treatment, other commenters were 

concerned about the impacts of the 

provision on marketing arrangements 

and other beneficial contractual 

agreements. Beginning with the FY 2012 

appropriations act, USDA was 

precluded from working on certain 

proposed regulatory provisions related 

to the P&S Act, including criteria in this 

proposal regarding undue or 

unreasonable preferences or advantages. 

Consequently, GIPSA did not finalize 

this rule in 2011. The prohibitions are 

not included in the Consolidated 

Appropriations Act, 2016. This 

rulemaking is necessary to fulfill 

statutory requirements. Section 201.210 

will illustrate by way of examples types 

of conduct GIPSA would consider 

unfair, unjustly discriminatory, or 

deceptive. 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Raymond Dexter 

Thomas, Phone: 202 720–6529, Fax: 202 

690–2173, Email: r.dexter.thomas@

usda.gov. 

RIN: 0580–AB27 

156. Scope of Sections 202(A) and (B) 

of the Packers and Stockyards Act 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: Pub. L. 110–246; 7 

U.S.C. 181 to 229c 

Abstract: Through this action, GIPSA 

sought additional comments on possible 

actions the Department may take on 

0580–AB25. 

Completed: 

Reason Date FR Cite 

NPRM .................. 04/12/17 82 FR 17594 

Final Action; Withdrawal.10/18/17 82 FR 48594 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Raymond Dexter 

Thomas, Phone: 202 720–6529, Fax: 202 

690–2173, Email: r.dexter.thomas@

usda.gov. 

RIN: 0580–AB28 

BILLING CODE 3410–EN–P 

DEPARTMENT OF AGRICULTURE 

(USDA) 

Food Safety and Inspection Service 

(FSIS) 

Final Rule Stage 

157. Elimination of Trichina Control 

Regulations and Consolidation of 

Thermally Processed, Commercially 

Sterile Regulations 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 21 U.S.C. 601 et seq.; 

21 U.S.C. 451 et seq. 

Abstract: The Food Safety and 

Inspection Service (FSIS) proposed to 

amend the Federal meat inspection 

regulations to eliminate the 

requirements for both ready-to-eat (RTE) 

and not-ready-to-eat (NRTE) pork and 

pork products to be treated to destroy 

trichina (Trichinella spiralis) because 

the regulations are inconsistent with the 

Hazard Analysis and Critical Control 

Point (HACCP) regulations, and these 

prescriptive regulations are no longer 

necessary. If this supplemental 

proposed rule is finalized, FSIS will end 

its Trichinella Approved Laboratory 

Program (TALP program) for the 

evaluation and approval of non-Federal 

laboratories that use the pooled sample 

digestion technique to analyze samples 

for the presence of trichina. FSIS also 

proposed to consolidate the regulations 

on thermally processed, commercially 

sterile meat and poultry products (i.e., 

canned food products containing meat 

or poultry). 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/28/16 81 FR 17337 

NPRM Comment 

Period End.

06/27/16 

Final Rule ............ 12/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Matthew Michael, 

Director, Issuances Staff, Department of 

Agriculture, Food Safety and Inspection 

Service, Office of Policy and Program 

Development, 1400 Independence 

Avenue SW, Washington, DC 20250– 

3700, Phone: 202 720–0345, Fax: 202 

690–0486, Email: matthew.michael@

fsis.usda.gov. 

RIN: 0583–AD59 

[FR Doc. 2017–28205 Filed 1–11–18; 8:45 am] 

BILLING CODE 3410–DM–P 


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