81_FR_37361 81 FR 37250 - Semiannual Regulatory Agenda, Spring 2016

81 FR 37250 - Semiannual Regulatory Agenda, Spring 2016

DEPARTMENT OF AGRICULTURE
Office of the Secretary

Federal Register Volume 81, Issue 111 (June 9, 2016)

Page Range37250-37259
FR Document2016-12899

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 Orders (E.O.) 12866 ``Regulatory Planning and Review,'' and 13563 ``Improving Regulation and Regulatory Review.'' The agenda also describes regulations affecting small entities as required by section 602 of the Regulatory Flexibility Act, Public Law 96-354. This agenda also identifies regulatory actions that are being reviewed in compliance with section 610(c) of the Regulatory Flexibility Act. We invite public comment on those actions as well as any regulation consistent with Executive Order 13563. USDA has attempted to list all regulations and regulatory reviews pending at the time of publication except for minor and routine or repetitive actions, but some may have been inadvertently missed. There is no legal significance to the omission of an item from this listing. Also, the dates shown for the steps of each action are estimated and are not commitments to act on or by the date shown. USDA's complete regulatory agenda is available online at www.reginfo.gov. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), USDA's printed agenda entries include only: (1) Rules that are likely to have a significant economic impact on a substantial number of small entities; and (2) Rules identified for periodic review under section 610 of the Regulatory Flexibility Act.

Federal Register, Volume 81 Issue 111 (Thursday, June 9, 2016)
[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Unknown Section]
[Pages 37250-37259]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12899]



[[Page 37249]]

Vol. 81

Thursday,

No. 111

June 9, 2016

Part III





 Department of Agriculture





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Office of the Secretary





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Semiannual Regulatory Agenda

Federal Register / Vol. 81 , No. 111 / Thursday, June 9, 2016 / 
Unified Agenda

[[Page 37250]]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary

2 CFR Subtitle B, Ch. IV

5 CFR Ch. LXXIII

7 CFR Subtitle A; Subtitle B, Chs. I-XI, XIV-XVIII, XX, XXV-
XXXVIII, XLII

9 CFR Chs. I-III

36 CFR Ch. II

48 CFR Ch. 4


Semiannual Regulatory Agenda, Spring 2016

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 Orders 
(E.O.) 12866 ``Regulatory Planning and Review,'' and 13563 ``Improving 
Regulation and Regulatory Review.'' The agenda also describes 
regulations affecting small entities as required by section 602 of the 
Regulatory Flexibility Act, Public Law 96-354. This agenda also 
identifies regulatory actions that are being reviewed in compliance 
with section 610(c) of the Regulatory Flexibility Act. We invite public 
comment on those actions as well as any regulation consistent with 
Executive Order 13563.
    USDA has attempted to list all regulations and regulatory reviews 
pending at the time of publication except for minor and routine or 
repetitive actions, but some may have been inadvertently missed. There 
is no legal significance to the omission of an item from this listing. 
Also, the dates shown for the steps of each action are estimated and 
are not commitments to act on or by the date shown.
    USDA's complete regulatory agenda is available online at 
www.reginfo.gov. Because publication in the Federal Register is 
mandated for the regulatory flexibility agendas required by the 
Regulatory Flexibility Act (5 U.S.C. 602), USDA's printed agenda 
entries include only:
    (1) Rules that are likely to have a significant economic impact on 
a substantial number of small entities; and
    (2) Rules identified for periodic review under section 610 of the 
Regulatory Flexibility Act.

FOR 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: March 18, 2016.
 Michael Poe,
Legislative and Regulatory Staff.

           Agricultural Marketing Service--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
1.........................  National Organic Program,          0581-AD20
                             Organic Pet Food
                             Standards.
2.........................  National Organic Program,          0581-AD31
                             Organic Apiculture
                             Practice Standard, NOP-12-
                             0063.
3.........................  National Organic Program--         0581-AD34
                             Organic Aquaculture
                             Standards.
4.........................  NOP; Organic Livestock and         0581-AD44
                             Poultry Practices.
------------------------------------------------------------------------


            Agricultural Marketing Service--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
5.........................  National Organic Program,          0581-AD08
                             Origin of Livestock, NOP-
                             11-0009.
------------------------------------------------------------------------


     Animal and Plant Health Inspection Service--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
6.........................  Plant Pest Regulations;            0579-AC98
                             Update of General
                             Provisions.
7.........................  Bovine Spongiform                  0579-AD10
                             Encephalopathy and
                             Scrapie; Importation of
                             Small Ruminants and Their
                             Germplasm, Products, and
                             Byproducts.
8.........................  Brucellosis and Bovine             0579-AD65
                             Tuberculosis; Update of
                             General Provisions.
------------------------------------------------------------------------


      Animal and Plant Health Inspection Service--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
9.........................  Scrapie in Sheep and Goats         0579-AC92
10........................  Importation of Wood                0579-AD28
                             Packaging Material From
                             Canada.
11........................  Establishing a Performance         0579-AD71
                             Standard for Authorizing
                             the Importation and
                             Interstate Movement of
                             Fruits and Vegetables.
12........................  Agricultural Bioterrorism          0579-AE08
                             Protection Act of 2002;
                             Biennial Review and
                             Republication of the
                             Select Agent and Toxin
                             List.
------------------------------------------------------------------------


[[Page 37251]]


      Animal and Plant Health Inspection Service--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
13........................  Lacey Act Implementation           0579-AD11
                             Plan; Definitions for
                             Exempt and Regulated
                             Articles.
14........................  Exportation of Live                0579-AE00
                             Animals, Hatching Eggs,
                             and Animal Germplasm From
                             the United States.
15........................  Importation of Tomato              0579-AE06
                             Plantlets in Approved
                             Growing Media From Mexico.
16........................  Importation of                     0579-AE10
                             Phalaenopsis Spp. Plants
                             for Planting in Approved
                             Growing Media From China
                             to the Continental United
                             States.
------------------------------------------------------------------------


 Grain Inspection, Packers and Stockyards Administration--Proposed Rule
                                  Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
17........................  Undue Preference and               0580-AB27
                             Advantage.
------------------------------------------------------------------------


   Grain Inspection, Packers and Stockyards Administration--Final Rule
                                  Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
18........................  Scope and Unfair Practices         0580-AB25
------------------------------------------------------------------------


             Food and Nutrition Service--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
19........................  Modernizing Supplemental           0584-AE37
                             Nutrition Assistance
                             Program (SNAP) Benefit
                             Redemption Systems.
------------------------------------------------------------------------


              Food and Nutrition Service--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
20........................  National School Lunch and          0584-AE09
                             School Breakfast
                             Programs: Nutrition
                             Standards for All Foods
                             Sold in School, as
                             Required by the Healthy,
                             Hunger-Free Kids Act of
                             2010.
21........................  Child Nutrition Programs:          0584-AE25
                             Local School Wellness
                             Policy Implementation
                             Under the Healthy, Hunger-
                             Free Kids Act of 2010.
------------------------------------------------------------------------


              Food and Nutrition Service--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
22........................  Child and Adult Care Food          0584-AE18
                             Program: Meal Pattern
                             Revisions Related to the
                             Healthy, Hunger-Free Kids
                             Act of 2010.
------------------------------------------------------------------------


         Food Safety and Inspection Service--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
23........................  Elimination of Trichina            0583-AD59
                             Control Regulations and
                             Consolidation of
                             Thermally Processed,
                             Commercially Sterile
                             Regulations.
------------------------------------------------------------------------


          Food Safety and Inspection Service--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
24........................  Mandatory Inspection of            0583-AD36
                             Fish of the Order
                             Siluriformes and Products
                             Derived From Such Fish.
------------------------------------------------------------------------


[[Page 37252]]


                    Forest Service--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
25........................  Management of Surface              0596-AD03
                             Activities Associated
                             With Outstanding Mineral
                             Rights on National Forest
                             System Lands (Directive).
------------------------------------------------------------------------


                    Forest Service--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
26........................  Ski Area--D Clauses:               0596-AD14
                             Resource and Improvement
                             Protection, Water
                             Facilities, and Water
                             Rights (Directive).
------------------------------------------------------------------------


   Office of Procurement and Property Management--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
27........................  Designation of Biobased            0599-AA24
                             Product Categories for
                             Federal Procurement,
                             Round 11.
28........................  Designation of Biobased            0599-AA25
                             Product Categories for
                             Federal Procurement,
                             Round 12.
------------------------------------------------------------------------


DEPARTMENT OF AGRICULTURE (USDA)

Agricultural Marketing Service (AMS)

Proposed Rule Stage

1. National Organic Program, Organic Pet Food Standards

    Legal Authority: 7 U.S.C. 6501
    Abstract: The National Organic Program (NOP) establishes national 
standards governing the marketing of organically produced agricultural 
products. In 2004, the National Organic Standards Board (NOSB) 
initiated the development of organic pet food standards, which had not 
been incorporated into the NOP regulations, by forming a task force 
which included pet food manufacturers, organic consultants, etc. 
Collectively, these experts drafted organic pet food standards 
consistent with the Organic Foods Production Act of 1990, Food and Drug 
Administration requirements, and the Association of American Feed 
Control Officials (AAFCO) Model Regulations for Pet and Specialty Pet 
Food. The AAFCO regulations are scientifically based regulations for 
voluntary adoption by State jurisdictions to ensure the safety, 
quality, and effectiveness of feed. In November 2008, the NOSB approved 
a final recommendation for organic pet food standards incorporating the 
provisions drafted by the pet food task force.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Miles McEvoy, 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-AD20

2. National Organic Program, Organic Apiculture Practice Standard, NOP-
12-0063

    Legal Authority: 7 U.S.C. 6501
    Abstract: This action proposes to amend the USDA organic 
regulations to reflect an October 2010 recommendation submitted to the 
Secretary by the National Organic Standards Board (NOSB) concerning the 
production of organic apicultural (or beekeeping) products.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Miles McEvoy, 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-AD31

3. National Organic Program--Organic Aquaculture Standards

    Legal Authority: 7 U.S.C. 6501 to 6522
    Abstract: This action proposes to establish standards for organic 
production and certification of farmed aquatic animals and their 
products in the USDA organic regulations. This action would also add 
aquatic animals as a scope of certification and accreditation under the 
National Organic Program (NOP). This action is necessary to establish 
standards for organic farmed aquatic animals and their products which 
would allow U.S. producers to compete in the organic seafood market. 
This action is also necessary to address multiple recommendations 
provided to USDA by the National Organic Standards Board (NOSB). From 
2007 through 2009, the NOSB made five recommendations to establish 
standards for the certification of organic farmed aquatic animals and 
their products. Finally, the U.S. currently has organic standards 
equivalence arrangements with Canada and the European Union (EU). Both 
Canada and the EU established standards for organic aquaculture 
products. Because the U.S. does not have organic aquaculture standards, 
the U.S. is unable to include aquaculture in the scope of these 
arrangements. Establishing U.S. organic aquaculture may provide a basis 
for expanding those trade partnerships.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Miles McEvoy, Deputy Administrator, USDA National 
Organic Program, Department of Agriculture, Agricultural Marketing

[[Page 37253]]

Service, 1400 Independence Avenue SW., Washington, DC 20250, Phone: 202 
720-3252.
    RIN: 0581-AD34

4.  NOP; Organic Livestock and Poultry Practices

    Legal Authority: 7 U.S.C. 6501 to 6522
    Abstract: This action proposes to 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
NPRM Comment Period End.............   06/13/16  .......................
Final Action........................   10/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Miles McEvoy, 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

DEPARTMENT OF AGRICULTURE (USDA)

Agricultural Marketing Service (AMS)

Final Rule Stage

5. National Organic Program, Origin of Livestock, NOP-11-0009

    Legal Authority: 7 U.S.C. 6501
    Abstract: The current regulations provide two tracks for replacing 
dairy animals which are tied to how dairy farmers transition to organic 
production. Farmers who transition an entire distinct herd must 
thereafter replace dairy animals with livestock that has been under 
organic management from the last third of gestation. Farmers who do not 
transition an entire distinct herd may perpetually obtain replacement 
animals that have been managed organically for 12 months prior to 
marketing milk or milk products as organic. The proposed action would 
eliminate the two-track system and require that upon transition, all 
existing and replacement dairy animals from which milk or milk products 
are intended to be sold, labeled, or represented as organic must be 
managed organically from the last third of gestation.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/28/15  80 FR 23455
NPRM Comment Period End.............   07/27/15  .......................
Final Action........................   05/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Miles McEvoy, 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-AD08

BILLING CODE 3410-02-P

DEPARTMENT OF AGRICULTURE (USDA)

Animal and Plant Health Inspection Service (APHIS)

Proposed Rule Stage

6. Plant Pest Regulations; Update of General Provisions

    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 proposing to revise our regulations regarding the 
movement of plant pests. We are proposing criteria regarding the 
movement and environmental release of biological control organisms, and 
are proposing to establish 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 proposing to revise our regulations regarding 
the movement of soil. This proposed rule replaces a previously 
published proposed rule, which we are withdrawing as part of this 
document. This proposal would clarify the factors that would be 
considered when assessing the risks associated with the movement of 
certain organisms and facilitate the movement of regulated organisms 
and articles in a manner that also protects U.S. agriculture.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Intent To Prepare an         10/20/09  74 FR 53673
 Environmental Impact Statement.
Notice Comment Period End...........   11/19/09  .......................
NPRM................................   05/00/16  .......................
NPRM Comment Period End.............   07/00/16  .......................
------------------------------------------------------------------------

    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

7. Bovine Spongiform Encephalopathy and Scrapie; Importation of Small 
Ruminants and Their Germplasm, Products, and Byproducts

    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 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. 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................................   05/00/16  .......................
NPRM Comment Period End.............   07/00/16  .......................
------------------------------------------------------------------------

    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

[[Page 37254]]

8. Brucellosis and Bovine Tuberculosis; Update of General Provisions

    Legal Authority: 7 U.S.C. 1622; 7 U.S.C. 8301 to 8317; 15 U.S.C. 
1828; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701
    Abstract: This rulemaking would consolidate the regulations 
governing bovine tuberculosis (TB), currently found in 9 CFR part 77, 
and those governing brucellosis, currently found in 9 CFR part 78. As 
part of this consolidation, we are proposing to transition the TB and 
brucellosis programs away from a State status system based on disease 
prevalence. Instead, States and tribes would implement an animal health 
plan that identifies sources of the diseases within the State or tribe 
and specifies mitigations to address the risk posed by these sources. 
The consolidated regulations also would set forth standards for 
surveillance, epidemiological investigations, and affected herd 
management that must be incorporated into each animal health plan, with 
certain limited exceptions; conditions for the interstate movement of 
cattle, bison, and captive cervids; and conditions for APHIS approval 
of tests for bovine TB or brucellosis. Finally, the rulemaking would 
revise the import requirements for cattle and bison to make these 
requirements clearer and ensure that they more effectively mitigate the 
risk of introduction of the diseases into the United States.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/16/15  80 FR 78461
NPRM Comment Period End.............   03/15/16  .......................
NPRM Comment Period Extended........   03/11/16  81 FR 12832
NPRM Comment Period Extended End....   05/16/16  .......................
Final Rule..........................   02/00/17  .......................
------------------------------------------------------------------------

    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.
    C. William Hench, Senior Cattle Health Specialist, Cattle Health 
Center, Surveillance, Preparedness, and Response, VS, Department of 
Agriculture, Animal and Plant Health Inspection Service, 2150 Centre 
Avenue, Building B-3E20, Fort Collins, CO 80526, Phone: 970 494-7378.
    RIN: 0579-AD65

DEPARTMENT OF AGRICULTURE (USDA)

Animal and Plant Health Inspection Service (APHIS)

Final Rule Stage

9. Scrapie in Sheep and Goats

    Legal Authority: 7 U.S.C. 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. It would simplify, reduce, or remove 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 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................................   09/10/15  80 FR 54659
NPRM Comment Period End.............   11/09/15  .......................
NPRM Comment Period Reopened........   11/16/15  80 FR 70718
NPRM Comment Period Reopened End....   12/09/15  .......................
Final Action........................   07/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Diane Sutton, Sheep, Goat, Cervid, and Equine 
Health Center; Surveillance, Preparedness, and Response Services, VS, 
Department of Agriculture, Animal and Plant Health Inspection Service, 
4700 River Road, Unit 43, Riverdale, MD 20737-1235, Phone: 301 851-
3509.
    RIN: 0579-AC92

10. Importation of Wood Packaging Material From Canada

    Legal Authority: 7 U.S.C. 450; 7 U.S.C. 7701 to 7772; 7 U.S.C. 7781 
to 7786; 21 U.S.C. 136 and 136a
    Abstract: This rulemaking will amend the regulations for the 
importation of unmanufactured wood articles with regard to the 
exemption that allows wood packaging material from Canada to enter the 
United States without first meeting the treatment and marking 
requirements of the regulations that apply to wood packaging material 
from all other countries. This action is necessary in order to prevent 
the dissemination and spread of pests via wood packaging material from 
Canada.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/02/10  75 FR 75157
NPRM Comment Period End.............   01/31/11  .......................
Final Rule..........................   09/00/16  .......................
Final Action Effective..............   10/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John Tyrone Jones, Trade Director, Forestry 
Products, Phytosanitary Issues Management, PPQ, Department of 
Agriculture, Animal and Plant Health Inspection Service, 4700 River 
Road, Unit 140, Riverdale, MD 20737-1231, Phone: 301 851-2344.
    RIN: 0579-AD28

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

    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 our regulations governing the 
importations of fruits and vegetables by broadening our existing 
performance standard to provide for consideration of all new fruits and 
vegetables for importation into the United States using a notice-based 
process. Rather than authorizing new imports through proposed and final 
rules and specifying import conditions in the regulations, the notice-
based process uses Federal Register notices to make risk analyses 
available to the public for review and comment, with authorized 
commodities and their conditions of entry subsequently being listed on 
the Internet. It also will remove the region- or commodity-specific 
phytosanitary requirements currently found in these regulations. 
Likewise, we are proposing an equivalent revision of the performance 
standard in our regulations governing the interstate movements of 
fruits and vegetables from Hawaii and the U.S. territories (Guam, 
Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands) and 
the removal of commodity-specific phytosanitary requirements from those 
regulations. This action will allow for the consideration of requests 
to authorize the importation or interstate movement of new fruits and 
vegetables in a manner that enables a more flexible and responsive 
regulatory approach to

[[Page 37255]]

evolving pest situations in both the United States and exporting 
countries. It will not, however, alter the science-based process in 
which the risk associated with importation or interstate movement of a 
given fruit or vegetable is evaluated or the manner in which risks 
associated with the importation or interstate movement of a fruit or 
vegetable are mitigated.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/09/14  79 FR 53346
NPRM Comment Period End.............   11/10/14  .......................
NPRM Comment Period Reopened........   12/04/14  79 FR 71973
NPRM Comment Period End.............   01/09/15  .......................
NPRM Comment Period Reopened........   02/06/15  80 FR 6665
NPRM Comment Period End.............   03/10/15  .......................
Final Rule..........................   08/00/16  .......................
Final Rule Effective................   10/00/16  .......................
------------------------------------------------------------------------

    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

12.  Agricultural Bioterrorism Protection Act of 2002; Biennial 
Review and Republication of The Select Agent and Toxin List

    Legal Authority: 7 U.S.C. 8401
    Abstract: In accordance with the Agricultural Bioterrorism 
Protection Act of 2002, we are soliciting public comment regarding the 
list of select agents and toxins that have the potential to pose a 
severe threat to animal or plant health, or to animal or plant 
products. The Act requires the biennial review and republication of the 
list of select agents and toxins and the revision of the list as 
necessary. Accordingly, we are soliciting public comment on the current 
list of select agents and toxins in our regulations and suggestions 
regarding any addition or reduction of the animal or plant pathogens 
currently on the list of select agents.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   02/27/15  80 FR 10627
ANPRM Comment Period End............   04/28/15
NPRM................................   01/19/16  81 FR 2762
NPRM Comment Period End.............   03/21/16
Final Action........................   11/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Freeda Isaac, National Director, Agriculture Select 
Agent Services, Department of Agriculture, Animal and Plant Health 
Inspection Service, 4700 River Road, Unit 2, Riverdale, MD 20737-1231, 
Phone: 301 851-3300.
    RIN: 0579-AE08

DEPARTMENT OF AGRICULTURE (USDA)

Animal and Plant Health Inspection Service (APHIS)

Completed Actions

13. Lacey Act Implementation Plan; Definitions for Exempt and Regulated 
Articles

    Legal Authority: 16 U.S.C. 3371 et seq.
    Abstract: We are adopting as a final rule, without change, an 
interim final rule that established definitions for the terms common 
cultivar and common food crop and several related terms. The 2008 
amendments to the Lacey Act expanded its protections to a broader range 
of plant species; extended its reach to encompass products, including 
timber, that derive from illegally harvested plants; and required that 
importers submit a declaration at the time of importation for certain 
plants and plant products. Common cultivars and common food crops are 
among the categorical exclusions to the provisions of the Act. The Act 
does not define the terms common cultivar and common food crop but 
instead gives authority to the U.S. Department of Agriculture and the 
U.S. Department of the Interior to define these terms by regulation. 
The interim final rule specifically requested comment on definitions of 
two related terms: commercial scale and tree. This document responds to 
comments we received on those definitions.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Affirmation of Interim Final Rule...   01/25/16  81 FR 3939
Affirmation of Interim Final Rule      01/25/16
 Effective.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Parul Patel, Phone: 301 851-2351.
    RIN: 0579-AD11

14.  Exportation of Live Animals, Hatching Eggs, and Animal 
Germplasm From the United States

    Legal Authority: 7 U.S.C. 8301 to 8317; 19 U.S.C. 1644a(c); 21 
U.S.C. 136, 136a, and 618; 46 U.S.C. 3901 and 3902
    Abstract: We are revising the regulations pertaining to the 
exportation of livestock from the United States. Among other things, we 
are removing most of the requirements for export health certifications, 
tests, and treatments from the regulations, and instead directing 
exporters to follow the requirements of the importing country regarding 
such processes and procedures. We are retaining only those export 
health certification, testing, and treatment requirements that we 
consider necessary to have assurances regarding the health and welfare 
of livestock exported from the United States. We also are allowing pre-
export inspection of livestock to occur at facilities other than an 
export inspection facility associated with the port of embarkation, 
under certain circumstances, and replacing specific standards for 
export inspection facilities and ocean vessels with performance 
standards. These changes will provide exporters and the Animal and 
Plant Health Inspection Service (APHIS) with more flexibility in 
arranging for the export of livestock from the United States while 
continuing to ensure the health and welfare of the livestock. 
Additionally, if APHIS knows that an importing country requires an 
export health certificate endorsed by the competent veterinary 
authority of the United States for any animal other than livestock, 
including pets, or for any hatching eggs or animal germplasm, we are 
requiring that the animal, hatching eggs, or animal germplasm have such 
a health certificate to be eligible for export from the United States. 
This change will help ensure that all animals, hatching eggs, and 
animal germplasm exported from the United States meet the health 
requirements of the countries to which they are destined. Finally, we 
are making editorial amendments to the regulations to make them easier 
to understand and comply with.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/26/15  80 FR 10398
NPRM Comment Period End.............   04/27/15
Final Rule..........................   01/20/16  81 FR 2967
Final Rule Effective................   02/19/16
------------------------------------------------------------------------


[[Page 37256]]

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jack Taniewski, Director for Animal Export, 
National Import Export 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-AE00

15.  Importation of Tomato Plantlets in Approved Growing Media 
From Mexico

    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 governing the 
importation of plants for planting to authorize the importation of 
tomato plantlets from Mexico in approved growing media, subject to a 
systems approach. The systems approach consists of measures currently 
specified for tomato plants for planting not imported in growing media, 
as well as measures specific to all plants for planting imported into 
the United States in approved growing media. Additionally, the 
plantlets must be imported into greenhouses in the continental United 
States and the importers of the plantlets from Mexico or the owners of 
the greenhouses in the continental United States must enter into 
compliance agreements regarding the conditions under which the plants 
from Mexico must enter and be maintained within the greenhouses. This 
rule allows for the importation into the continental United States of 
tomato plantlets from Mexico in approved growing media, while providing 
protection against the introduction of plant pests. The rule also 
allows the imported greenhouse plantlets to produce tomato fruit for 
commercial sale within the United States.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/05/15  80 FR 11946
NPRM Comment Period End.............   05/04/15
Final Rule..........................   10/02/15  80 FR 59557
Final Rule Effective................   11/02/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Lydia Colo[oacute]n, PPQ, Department of 
Agriculture, Animal and Plant Health Inspection Service, 4700 River 
Road, Unit 133, Riverdale, MD 20737-1236, Phone: 301 851-2302.
    RIN: 0579-AE06

16.  Importation of Phalaenopsis SPP. Plants for Planting in 
Approved Growing Media From China to the Continental United States

    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 governing the 
importation of plants for planting to authorize the importation of 
Phalaenopsis spp. plants for planting from China in approved growing 
media into the continental United States, subject to a systems 
approach. The systems approach consists of measures that are currently 
specified in the regulations as generally applicable to all plants for 
planting authorized for importation into the United States in approved 
growing media. This rule allows for the importation of Phalaenopsis 
spp. plants for planting from China in approved growing media, while 
providing protection against the introduction of quarantine plant 
pests.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/01/15  80 FR 30959
NPRM Comment Period End.............   07/31/15
Final Rule..........................   02/11/16  81 FR 7195
Final Rule Effective................   03/14/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Lydia Col[oacute]n, PPQ, Department of Agriculture, 
Animal and Plant Health Inspection Service, 4700 River Road, Unit 133, 
Riverdale, MD 20737-1236, Phone: 301 851-2302.
    RIN: 0579-AE10

BILLING CODE 3410-34-P

DEPARTMENT OF AGRICULTURE (USDA)

Grain Inspection, Packers and Stockyards Administration (GIPSA)

Proposed Rule Stage

17.  Undue Preference and Advantage

    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 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.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Proposed Rule.......................   09/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Raymond Dexter Thomas II, Lead Regulatory Analyst, 
Department of Agriculture, Grain Inspection, Packers and Stockyards 
Administration, 1400 Independence Avenue SW., Room 2530-South, 
Washington, DC 20250, Phone: 202 720-6529, Fax: 202 690-2173, Email: 
[email protected].
    RIN: 0580-AB27

DEPARTMENT OF AGRICULTURE (USDA)

Grain Inspection, Packers and Stockyards Administration (GIPSA)

Final Rule Stage

18.  Scope and Unfair Practices

    Legal Authority: Pub. L. 110-246; 7 U.S.C. 181 to 229c
    Abstract: In June of 2010, GIPSA published a proposal to amend 
section 201.3 of the regulations issued under the Packers and 
Stockyards Act (P&S Act), 1921, as amended. This proposed change 
responds to guidance from the courts. The courts, in addressing

[[Page 37257]]

litigation brought by poultry growers alleging harm, have said that 
GIPSA's statements regarding the appropriate application of subsections 
202(a) and 202(b) are not entitled to deference in the absence of 
regulation addressing whether the P&S Act prohibits all unfair 
practices, or only those causing harm or a likelihood of harm to 
competition. The amendment to 201.3 will establish GIPSA's 
interpretation of the statute which will then be entitled to judicial 
deference. Section 201.210 will illustrate by way of examples types of 
conduct GIPSA would consider unfair, unjustly discriminatory, or 
deceptive.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   09/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Raymond Dexter Thomas II, Lead Regulatory Analyst, 
Department of Agriculture, Grain Inspection, Packers and Stockyards 
Administration, 1400 Independence Avenue SW., Room 2530-South, 
Washington, DC 20250, Phone: 202 720-6529, Fax: 202 690-2173, Email: 
[email protected].
    RIN: 0580-AB25

BILLING CODE 3410-EN-P

DEPARTMENT OF AGRICULTURE (USDA)

Food and Nutrition Service (FNS)

Proposed Rule Stage

19. Modernizing Supplemental Nutrition Assistance Program (SNAP) 
Benefit Redemption Systems

    Legal Authority: Pub. L. 113-79
    Abstract: The Agricultural Act of 2014 (Pub. L. 113-79, the Farm 
Bill) amended the Food and Nutrition Act of 2008 (the FNA) to include 
new requirements regarding the acceptance and processing of SNAP client 
benefits by all non-exempt retailers participating in SNAP. Statutory 
changes will modernize EBT systems and ensure greater program 
integrity. The Food and Nutrition Service (FNS) also plans to revise 
certain SNAP regulations for which multiple State agencies have sought 
and received approval of waivers. The revisions will streamline program 
administration, offer greater flexibility to State agencies, and 
improve customer service.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Charles H. Watford, Regulatory Review Specialist, 
Department of Agriculture, Food and Nutrition Service, 3101 Park Center 
Drive, Alexandria, VA 22302, Phone: 703 605-0800, Email: 
[email protected].
    Lynnette M. Thomas, Chief, Planning and Regulatory Affairs Branch, 
Department of Agriculture, Food and Nutrition Service, 3101 Park Center 
Drive, Alexandria, VA 22302, Phone: 703 605-4782, Email: 
[email protected].
    RIN: 0584-AE37

DEPARTMENT OF AGRICULTURE (USDA)

Food and Nutrition Service (FNS)

Final Rule Stage

20. National School Lunch and School Breakfast Programs: Nutrition 
Standards for All Foods Sold in School, as Required by the Healthy, 
Hunger-Free Kids Act of 2010

    Legal Authority: Pub. L. 111-296
    Abstract: This rule codifies the two provisions of the Healthy, 
Hunger-Free Kids Act (Pub. L. 111-296; the Act) under 7 CFR parts 210 
and 220. Section 208 requires the Secretary to promulgate regulations 
to establish science-based nutrition standards for all foods sold in 
schools. The nutrition standards apply to all food sold outside the 
school meal programs, on the school campus, and at any time during the 
school day. Section 203 requires schools participating in the National 
School Lunch Program to make available to children free of charge, as 
nutritionally appropriate, potable water for consumption in the place 
where meals are served during meal service.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/08/13  78 FR 9530
NPRM Comment Period End.............   04/09/13  .......................
Interim Final Rule..................   06/28/13  78 FR 39067
Interim Final Rule Effective........   08/27/13  .......................
Interim Final Rule Comment Period      10/28/13  .......................
 End.
Final Action........................   05/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Charles H. Watford, Regulatory Review Specialist, 
Department of Agriculture, Food and Nutrition Service, 3101 Park Center 
Drive, Alexandria, VA 22302, Phone: 703 605-0800, Email: 
[email protected].
    Lynnette M. Thomas, Chief, Planning and Regulatory Affairs Branch, 
Department of Agriculture, Food and Nutrition Service, 3101 Park Center 
Drive, Alexandria, VA 22302, Phone: 703 605-4782, Email: 
[email protected].
    RIN: 0584-AE09

21. Child Nutrition Programs: Local School Wellness Policy 
Implementation Under the Healthy, Hunger-Free Kids Act of 2010

    Legal Authority: Pub. L. 111-296
    Abstract: This final rule codifies a provision of the Healthy, 
Hunger-Free Kids Act (Pub. L. 111-296; the Act) under 7 CFR parts 210 
and 220. Section 204 of the Act requires each local educational agency 
(LEA) to establish, for all schools under its jurisdiction, a local 
school wellness policy. The Act requires that the wellness policy 
include goals for nutrition, nutrition education, physical activity, 
and other school-based activities that promote student wellness. In 
addition, the Act requires that local educational agencies ensure 
stakeholder participation in development of their local school wellness 
policies, and periodically assess compliance with the policies, and 
disclose information about the policies to the public.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/26/14  79 FR 10693
NPRM Comment Period End.............   04/28/14  .......................
Final Action........................   05/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Charles H. Watford, Regulatory Review Specialist, 
Department of Agriculture, Food and Nutrition Service, 3101 Park Center 
Drive, Alexandria, VA 22302, Phone: 703 605-0800, Email: 
[email protected].
    Lynnette M. Thomas, Chief, Planning and Regulatory Affairs Branch, 
Department of Agriculture, Food and Nutrition Service, 3101 Park Center 
Drive, Alexandria, VA 22302, Phone: 703 605-4782, Email: 
[email protected].
    RIN: 0584-AE25


[[Page 37258]]



DEPARTMENT OF AGRICULTURE (USDA)

Food and Nutrition Service (FNS)

Completed Actions

22. Child and Adult Care Food Program: Meal Pattern Revisions Related 
to the Healthy, Hunger-Free Kids Act of 2010

    Legal Authority: Pub. L. 111-296
    Abstract: This final rule will implement section 221 of the 
Healthy, Hunger-Free Kids Act of 2010 (Pub. L. 111-296; the Act). It 
requires USDA to review and update, no less frequently than once every 
10 years, requirements for meals served under the Child and Adult Care 
Food Program (CACFP) to ensure those meal patterns are consistent with 
the most recent Dietary Guidelines for Americans and relevant nutrition 
science.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Action........................   04/25/16  81 FR 24348
Final Action Effective..............   06/24/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Charles H. Watford, Phone: 703 605-0800, Email: 
[email protected].
    Lynnette M. Thomas, Phone: 703 605-4782, Email: 
[email protected].
    RIN: 0584-AE18
BILLING CODE 3410-30-P

DEPARTMENT OF AGRICULTURE (USDA)

Food Safety and Inspection Service (FSIS)

Proposed Rule Stage

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

    Legal Authority: Federal Meat Inspection Act (FMIA); Poultry 
Products Inspection Act (PPIA)
    Abstract: The Food Safety and Inspection Service (FSIS) is 
proposing 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 is also proposing 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................................   05/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dr. Daniel L. Engeljohn, Assistant Administrator, 
Office of Policy and Program Development, Department of Agriculture, 
Food Safety and Inspection Service, 1400 Independence Avenue SW., 349-E 
JWB, Washington, DC 20250, Phone: 202 205-0495, Fax: 202 720-2025, 
Email: [email protected].
    RIN: 0583-AD59

DEPARTMENT OF AGRICULTURE (USDA)

Food Safety and Inspection Service (FSIS)

Completed Actions

24. Mandatory Inspection of Fish of the Order Siluriformes and Products 
Derived From Such Fish

    Legal Authority: Federal Meat Inspection Act (FMIA) (21 U.S.C. 601 
to 695); Pub. L. 110-246, sec 11016; Pub. L. 113-79, sec 12106
    Abstract: The 2008 Farm Bill (Pub. L. 110-246, sec. 11016), amended 
the Federal Meat Inspection Act (FMIA) to make ``catfish'' a species 
amenable to the FMIA and, therefore, subject to Food Safety and 
Inspection Service (FSIS) inspection. In addition, the 2008 Farm Bill 
gave FSIS the authority to define the term ``catfish.'' On February 24, 
2011, FSIS published a proposed rule that outlined a mandatory catfish 
inspection program and presented two options for defining ``catfish.'' 
The 2014 Farm Bill (Pub. L. 113-79, sec. 12106), amended the FMIA to 
remove the term ``catfish'' and to make ``all fish of the order 
Siluriformes'' subject to FSIS jurisdiction and inspection. As a 
result, FSIS inspection of Siluriformes is mandated by law and non-
discretionary.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Action........................   12/02/15  80 FR 75589
Final Action Effective..............   03/01/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Daniel L. Engeljohn, Phone: 202 205-0495, Fax: 202 
720-2025, Email: [email protected].
    RIN: 0583-AD36
BILLING CODE 3410-DM-P

DEPARTMENT OF AGRICULTURE (USDA)

Forest Service (FS)

Long-Term Actions

25. Management of Surface Activities Associated With Outstanding 
Mineral Rights on National Forest System Lands (Directive)

    Legal Authority: EPA 1992
    Abstract: Close to 11,000,000 acres (approximately 6 percent) of 
National Forest System (NFS) lands overlie severed (split) mineral 
estates owned by a party other than the Federal Government. More than 
75 percent of these lands are in the Eastern Region (Forest Service 
Regions 8 and 9). There are two kinds of severed mineral estates, 
generally known as ``private rights'': reserved and outstanding. 
Reserved mineral rights are those retained by a grantor in a deed 
conveying land to the United States. Outstanding mineral rights are 
those owned by a party other than the surface owner at the time the 
surface was conveyed to the United States. Because these are non-
Federal mineral interests, the U.S. Department of the Interior's Bureau 
of Land Management has no authority for or role in managing development 
activities associated with such interests. States have the authority 
and responsibility for regulating development of the private mineral 
estate.
    Various Secretary's Rules and Regulations (years of 1911, 1937, 
1938, 1939, 1947, 1950, and 1963) and Forest Service regulations at 36 
CFR 251.15 provide direction for the use of NFS lands for mineral 
development activities associated with the exercise of reserved mineral 
rights. These existing rules for reserved minerals development 
activities also include requirements for protection of NFS resources.
    Currently, there are no formal regulations governing the use of NFS 
lands for activities associated with the exercise of outstanding 
mineral rights underlying those lands. The Energy

[[Page 37259]]

Policy Act of 1992, section 2508, directed the Secretary of Agriculture 
to apply specified terms and conditions to surface-disturbing 
activities related to development of oil and gas on certain lands with 
outstanding mineral rights on the Allegheny National Forest, and 
promulgate regulations implementing that section.
    The Forest Service initiated rulemaking for the use of NFS lands 
for development activities associated with both reserved and 
outstanding minerals rights with an Advance Notice of Proposed 
Rulemaking (ANPRM) in the Federal Register on December 29, 2008. 
Comments from the public in response to the ANPRM conveyed a high level 
of concern about the broad scope of the rule, along with a high level 
of concern about effects of a broad rule on small businesses and local 
economies.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   12/29/08  73 FR 79424
ANPRM Comment Period End............   02/27/09  .......................
                                     -----------------------------------
NPRM................................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: LaRenda C. King, Phone: 202 205-6560, Email: 
[email protected].
    RIN: 0596-AD03

DEPARTMENT OF AGRICULTURE (USDA)

Forest Service (FS)

Completed Actions

26. Ski Area--D Clauses: Resource and Improvement Protection, Water 
Facilities, and Water Rights (Directive)

    Legal Authority: FSH 2709.11
    Abstract: On November 8, 2011, the Forest Service issued an interim 
directive (FSH 2709.11-2011-3) including a revised clause to address 
the ownership of water rights developed on National Forest System (NFS) 
lands for use by ski area permit holders. On March 6, 2012, a second 
interim directive (FSH 2709.11-2012-1) for the revised ski area water 
rights clause was issued, superseding the 2011 version. The National 
Ski Areas Association filed a lawsuit in the United States District 
Court for the District of Colorado on March 12, 2012, opposing use of 
the revised clause. On December 19, 2012, the court ruled that the 
Forest Service had erred in not providing an opportunity for notice and 
comment on the interim directive and that the agency needed to conduct 
a Regulatory Flexibility Act analysis of the impact of the directive on 
small business entities that hold ski area permits. The court vacated 
the interim directive and enjoined enforcement of the 2011 and 2012 
clauses in permits containing them. The directive addresses the 
development of water facilities on NFS lands; the ownership of 
preexisting and future water rights; mechanisms to ensure sufficient 
water remains for ski areas on NFS lands; and measures necessary to 
protect NFS lands and resources. The Forest Service published the 
proposed ski area water rights clause in the Federal Register for 
public notice and comment. To identify interests and views from a 
diverse group of stakeholders regarding a revised water rights clause 
for ski areas, the Forest Service held four stakeholder meetings in 
April 2013. The input from the stakeholder sessions was considered in 
the development of the final water rights clause for ski areas.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Directive.....................   12/30/15  80 FR 81508
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: LaRenda C. King, Phone: 202 205-6560, Email: 
[email protected].
    RIN: 0596-AD14
BILLING CODE 3410-11-P

DEPARTMENT OF AGRICULTURE (USDA)

Office of Procurement and Property Management (OPPM)

Proposed Rule Stage

27. Designation of Biobased Product Categories for Federal Procurement, 
Round 11

    Legal Authority: Pub. L. 113-79
    Abstract: This proposed rule will designate, for preferred 
procurement under the Federal Biobased Products Preferred Procurement 
Program, approximately 10 intermediate ingredient or feedstock product 
categories. An intermediate ingredient or feedstock is defined by the 
BioPreferred Program as a material or compound made in whole or in 
significant part from biological products. Typical intermediate 
ingredient or feedstock product categories will include renewable 
chemicals; plastic resins; chemical binders; oils, fats, and waxes; and 
fibers and fabrics.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Marie Wheat, Department of Agriculture, Office of 
Procurement and Property Management, Washington, DC 20250, Phone: 202 
239-4502, Email: [email protected].
    RIN: 0599-AA24

28. Designation of Biobased Product Categories for Federal Procurement, 
Round 12

    Legal Authority: Pub. L. 113-79
    Abstract: This proposed rule will designate, for preferred 
procurement under the Federal Biobased Products Preferred Procurement 
Program, approximately eight complex assembly product categories. A 
complex assembly is defined by the BioPreferred program as a system of 
distinct materials and components assembled to create a finished 
product with specific functional intent where some or all of the system 
inputs contain some amount of biobased material or feedstock. Typical 
complex assembly product categories will include products such as 
upholstered office chairs and other office furniture; mattresses; 
backpacks; boots; and other camping gear. The specific product 
categories to be included in this rulemaking are under investigation by 
the Office of Procurement and Property Management, but technical 
information is expected to be available to support the designation of 
about eight product categories.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Marie Wheat, Department of Agriculture, Office of 
Procurement and Property Management, Washington, DC 20250, Phone: 202 
239-4502, Email: [email protected].
    RIN: 0599-AA25

[FR Doc. 2016-12899 Filed 6-8-16; 8:45 am]
 BILLING CODE 3410-98-P



                                                   37250                             Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda

                                                   DEPARTMENT OF AGRICULTURE                                                conformance with Executive Orders                                     Because publication in the Federal
                                                                                                                            (E.O.) 12866 ‘‘Regulatory Planning and                                Register is mandated for the regulatory
                                                   Office of the Secretary                                                  Review,’’ and 13563 ‘‘Improving                                       flexibility agendas required by the
                                                                                                                            Regulation and Regulatory Review.’’                                   Regulatory Flexibility Act (5 U.S.C.
                                                   2 CFR Subtitle B, Ch. IV                                                 The agenda also describes regulations                                 602), USDA’s printed agenda entries
                                                                                                                            affecting small entities as required by                               include only:
                                                   5 CFR Ch. LXXIII                                                         section 602 of the Regulatory Flexibility
                                                                                                                            Act, Public Law 96–354. This agenda                                      (1) Rules that are likely to have a
                                                   7 CFR Subtitle A; Subtitle B, Chs. I–XI,                                 also identifies regulatory actions that are                           significant economic impact on a
                                                   XIV–XVIII, XX, XXV–XXXVIII, XLII                                         being reviewed in compliance with                                     substantial number of small entities;
                                                                                                                            section 610(c) of the Regulatory                                      and
                                                   9 CFR Chs. I–III                                                         Flexibility Act. We invite public                                        (2) Rules identified for periodic
                                                                                                                            comment on those actions as well as any                               review under section 610 of the
                                                   36 CFR Ch. II                                                            regulation consistent with Executive                                  Regulatory Flexibility Act.
                                                                                                                            Order 13563.
                                                   48 CFR Ch. 4                                                                USDA has attempted to list all                                     FOR FURTHER INFORMATION CONTACT:      For
                                                                                                                            regulations and regulatory reviews                                    further information on any specific
                                                   Semiannual Regulatory Agenda,                                            pending at the time of publication                                    entry shown in this agenda, please
                                                   Spring 2016                                                              except for minor and routine or                                       contact the person listed for that action.
                                                                                                                            repetitive actions, but some may have                                 For general comments or inquiries about
                                                   AGENCY:        Office of the Secretary, USDA.                            been inadvertently missed. There is no                                the agenda, please contact Michael Poe,
                                                   ACTION:       Semiannual regulatory agenda.                              legal significance to the omission of an                              Office of Budget and Program Analysis,
                                                                                                                            item from this listing. Also, the dates                               U.S. Department of Agriculture,
                                                   SUMMARY:   This agenda provides                                          shown for the steps of each action are                                Washington, DC 20250, (202) 720–3257.
                                                   summary descriptions of significant and                                  estimated and are not commitments to
                                                   not significant regulations being                                                                                                                Dated: March 18, 2016.
                                                                                                                            act on or by the date shown.
                                                   developed in agencies of the U.S.                                           USDA’s complete regulatory agenda is                               Michael Poe,
                                                   Department of Agriculture (USDA) in                                      available online at www.reginfo.gov.                                  Legislative and Regulatory Staff.

                                                                                                        AGRICULTURAL MARKETING SERVICE—PROPOSED RULE STAGE
                                                                                                                                                                                                                                             Regulation
                                                       Sequence No.                                                                                       Title                                                                             Identifier No.

                                                   1   ........................   National Organic Program, Organic Pet Food Standards ...............................................................................                         0581–AD20
                                                   2   ........................   National Organic Program, Organic Apiculture Practice Standard, NOP–12–0063 .......................................                                          0581–AD31
                                                   3   ........................   National Organic Program—Organic Aquaculture Standards .........................................................................                             0581–AD34
                                                   4   ........................   NOP; Organic Livestock and Poultry Practices ...............................................................................................                 0581–AD44


                                                                                                            AGRICULTURAL MARKETING SERVICE—FINAL RULE STAGE
                                                                                                                                                                                                                                             Regulation
                                                       Sequence No.                                                                                       Title                                                                             Identifier No.

                                                   5 ........................     National Organic Program, Origin of Livestock, NOP–11–0009 .....................................................................                             0581–AD08


                                                                                             ANIMAL AND PLANT HEALTH INSPECTION SERVICE—PROPOSED RULE STAGE
                                                                                                                                                                                                                                             Regulation
                                                       Sequence No.                                                                                       Title                                                                             Identifier No.

                                                   6 ........................     Plant Pest Regulations; Update of General Provisions ...................................................................................                     0579–AC98
                                                   7 ........................     Bovine Spongiform Encephalopathy and Scrapie; Importation of Small Ruminants and Their Germplasm,                                                            0579–AD10
                                                                                    Products, and Byproducts.
                                                   8 ........................     Brucellosis and Bovine Tuberculosis; Update of General Provisions .............................................................                              0579–AD65


                                                                                                 ANIMAL AND PLANT HEALTH INSPECTION SERVICE—FINAL RULE STAGE
                                                                                                                                                                                                                                             Regulation
                                                       Sequence No.                                                                                       Title                                                                             Identifier No.
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                                                   9 ........................     Scrapie in Sheep and Goats ............................................................................................................................      0579–AC92
                                                   10 ......................      Importation of Wood Packaging Material From Canada .................................................................................                         0579–AD28
                                                   11 ......................      Establishing a Performance Standard for Authorizing the Importation and Interstate Movement of Fruits                                                        0579–AD71
                                                                                    and Vegetables.
                                                   12 ......................      Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select Agent                                                      0579–AE08
                                                                                    and Toxin List.




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                                                                                     Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda                                                                                  37251

                                                                                               ANIMAL AND PLANT HEALTH INSPECTION SERVICE—COMPLETED ACTIONS
                                                                                                                                                                                                                                              Regulation
                                                     Sequence No.                                                                                         Title                                                                              Identifier No.

                                                   13   ......................    Lacey Act Implementation Plan; Definitions for Exempt and Regulated Articles ............................................                                     0579–AD11
                                                   14   ......................    Exportation of Live Animals, Hatching Eggs, and Animal Germplasm From the United States ....................                                                  0579–AE00
                                                   15   ......................    Importation of Tomato Plantlets in Approved Growing Media From Mexico ..................................................                                      0579–AE06
                                                   16   ......................    Importation of Phalaenopsis Spp. Plants for Planting in Approved Growing Media From China to the Con-                                                         0579–AE10
                                                                                    tinental United States.


                                                                                 GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION—PROPOSED RULE STAGE
                                                                                                                                                                                                                                              Regulation
                                                     Sequence No.                                                                                         Title                                                                              Identifier No.

                                                   17 ......................      Undue Preference and Advantage ..................................................................................................................             0580–AB27


                                                                                    GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION—FINAL RULE STAGE
                                                                                                                                                                                                                                              Regulation
                                                     Sequence No.                                                                                         Title                                                                              Identifier No.

                                                   18 ......................      Scope and Unfair Practices .............................................................................................................................      0580–AB25


                                                                                                            FOOD AND NUTRITION SERVICE—PROPOSED RULE STAGE
                                                                                                                                                                                                                                              Regulation
                                                     Sequence No.                                                                                         Title                                                                              Identifier No.

                                                   19 ......................      Modernizing Supplemental Nutrition Assistance Program (SNAP) Benefit Redemption Systems .................                                                     0584–AE37


                                                                                                                 FOOD AND NUTRITION SERVICE—FINAL RULE STAGE
                                                                                                                                                                                                                                              Regulation
                                                     Sequence No.                                                                                         Title                                                                              Identifier No.

                                                   20 ......................      National School Lunch and School Breakfast Programs: Nutrition Standards for All Foods Sold in School,                                                        0584–AE09
                                                                                    as Required by the Healthy, Hunger-Free Kids Act of 2010.
                                                   21 ......................      Child Nutrition Programs: Local School Wellness Policy Implementation Under the Healthy, Hunger-Free                                                          0584–AE25
                                                                                    Kids Act of 2010.


                                                                                                               FOOD AND NUTRITION SERVICE—COMPLETED ACTIONS
                                                                                                                                                                                                                                              Regulation
                                                     Sequence No.                                                                                         Title                                                                              Identifier No.

                                                   22 ......................      Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids                                                            0584–AE18
                                                                                    Act of 2010.


                                                                                                    FOOD SAFETY AND INSPECTION SERVICE—PROPOSED RULE STAGE
                                                                                                                                                                                                                                              Regulation
                                                     Sequence No.                                                                                         Title                                                                              Identifier No.

                                                   23 ......................      Elimination of Trichina Control Regulations and Consolidation of Thermally Processed, Commercially                                                            0583–AD59
                                                                                     Sterile Regulations.


                                                                                                       FOOD SAFETY AND INSPECTION SERVICE—COMPLETED ACTIONS
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                                                                                                                                                                                                                                              Regulation
                                                     Sequence No.                                                                                         Title                                                                              Identifier No.

                                                   24 ......................      Mandatory Inspection of Fish of the Order Siluriformes and Products Derived From Such Fish ..................                                                 0583–AD36




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                                                   37252                          Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda

                                                                                                               FOREST SERVICE—LONG-TERM ACTIONS
                                                                                                                                                                                                              Regulation
                                                     Sequence No.                                                                         Title                                                              Identifier No.

                                                   25 ......................   Management of Surface Activities Associated With Outstanding Mineral Rights on National Forest System                            0596–AD03
                                                                                Lands (Directive).


                                                                                                               FOREST SERVICE—COMPLETED ACTIONS
                                                                                                                                                                                                              Regulation
                                                     Sequence No.                                                                         Title                                                              Identifier No.

                                                   26 ......................   Ski Area—D Clauses: Resource and Improvement Protection, Water Facilities, and Water Rights (Direc-                              0596–AD14
                                                                                 tive).


                                                                                  OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT—PROPOSED RULE STAGE
                                                                                                                                                                                                              Regulation
                                                     Sequence No.                                                                         Title                                                              Identifier No.

                                                   27 ......................   Designation of Biobased Product Categories for Federal Procurement, Round 11 .......................................             0599–AA24
                                                   28 ......................   Designation of Biobased Product Categories for Federal Procurement, Round 12 .......................................             0599–AA25



                                                   DEPARTMENT OF AGRICULTURE                                      Regulatory Flexibility Analysis                       production and certification of farmed
                                                   (USDA)                                                       Required: Yes.                                          aquatic animals and their products in
                                                                                                                  Agency Contact: Miles McEvoy,                         the USDA organic regulations. This
                                                   Agricultural Marketing Service (AMS)                         Deputy Administrator, USDA National                     action would also add aquatic animals
                                                   Proposed Rule Stage                                          Organic Program, Department of                          as a scope of certification and
                                                                                                                Agriculture, Agricultural Marketing                     accreditation under the National
                                                   1. National Organic Program, Organic                         Service, 1400 Independence Avenue                       Organic Program (NOP). This action is
                                                   Pet Food Standards                                           SW., Washington, DC 20250, Phone: 202                   necessary to establish standards for
                                                      Legal Authority: 7 U.S.C. 6501                            720–3252.                                               organic farmed aquatic animals and
                                                      Abstract: The National Organic                              RIN: 0581–AD20                                        their products which would allow U.S.
                                                   Program (NOP) establishes national                           2. National Organic Program, Organic                    producers to compete in the organic
                                                   standards governing the marketing of                         Apiculture Practice Standard, NOP–12–                   seafood market. This action is also
                                                   organically produced agricultural                            0063                                                    necessary to address multiple
                                                   products. In 2004, the National Organic                                                                              recommendations provided to USDA by
                                                                                                                   Legal Authority: 7 U.S.C. 6501                       the National Organic Standards Board
                                                   Standards Board (NOSB) initiated the                            Abstract: This action proposes to
                                                   development of organic pet food                                                                                      (NOSB). From 2007 through 2009, the
                                                                                                                amend the USDA organic regulations to                   NOSB made five recommendations to
                                                   standards, which had not been                                reflect an October 2010
                                                   incorporated into the NOP regulations,                                                                               establish standards for the certification
                                                                                                                recommendation submitted to the                         of organic farmed aquatic animals and
                                                   by forming a task force which included                       Secretary by the National Organic
                                                   pet food manufacturers, organic                                                                                      their products. Finally, the U.S.
                                                                                                                Standards Board (NOSB) concerning the                   currently has organic standards
                                                   consultants, etc. Collectively, these                        production of organic apicultural (or
                                                   experts drafted organic pet food                                                                                     equivalence arrangements with Canada
                                                                                                                beekeeping) products.                                   and the European Union (EU). Both
                                                   standards consistent with the Organic                           Timetable:
                                                   Foods Production Act of 1990, Food and                                                                               Canada and the EU established
                                                   Drug Administration requirements, and                               Action                Date          FR Cite      standards for organic aquaculture
                                                   the Association of American Feed                                                                                     products. Because the U.S. does not
                                                   Control Officials (AAFCO) Model                              NPRM ..................    09/00/16                     have organic aquaculture standards, the
                                                   Regulations for Pet and Specialty Pet                                                                                U.S. is unable to include aquaculture in
                                                   Food. The AAFCO regulations are                                Regulatory Flexibility Analysis                       the scope of these arrangements.
                                                   scientifically based regulations for                         Required: Yes.                                          Establishing U.S. organic aquaculture
                                                   voluntary adoption by State                                    Agency Contact: Miles McEvoy,                         may provide a basis for expanding those
                                                   jurisdictions to ensure the safety,                          Deputy Administrator, USDA National                     trade partnerships.
                                                   quality, and effectiveness of feed. In                       Organic Program, Department of                             Timetable:
                                                   November 2008, the NOSB approved a                           Agriculture, Agricultural Marketing
                                                   final recommendation for organic pet                         Service, 1400 Independence Avenue                               Action             Date          FR Cite
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                                                   food standards incorporating the                             SW., Washington, DC 20250, Phone: 202
                                                                                                                720–3252.                                               NPRM ..................   08/00/16
                                                   provisions drafted by the pet food task
                                                   force.                                                         RIN: 0581–AD31
                                                                                                                                                                          Regulatory Flexibility Analysis
                                                      Timetable:                                                3. National Organic Program—Organic                     Required: Yes.
                                                                                                                Aquaculture Standards                                     Agency Contact: Miles McEvoy,
                                                           Action                  Date          FR Cite           Legal Authority: 7 U.S.C. 6501 to 6522               Deputy Administrator, USDA National
                                                   NPRM ..................       09/00/16
                                                                                                                   Abstract: This action proposes to                    Organic Program, Department of
                                                                                                                establish standards for organic                         Agriculture, Agricultural Marketing


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                                                                              Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda                                                   37253

                                                   Service, 1400 Independence Avenue                         and replacement dairy animals from                              Action             Date        FR Cite
                                                   SW., Washington, DC 20250, Phone: 202                     which milk or milk products are
                                                   720–3252.                                                 intended to be sold, labeled, or                        Notice of Intent          10/20/09   74 FR 53673
                                                     RIN: 0581–AD34                                          represented as organic must be managed                    To Prepare an
                                                                                                             organically from the last third of                        Environmental
                                                   4. • NOP; Organic Livestock and                                                                                     Impact State-
                                                                                                             gestation.
                                                   Poultry Practices                                                                                                   ment.
                                                                                                               Timetable:                                            Notice Comment            11/19/09
                                                      Legal Authority: 7 U.S.C. 6501 to 6522
                                                                                                                                                                       Period End.
                                                      Abstract: This action proposes to                             Action                Date          FR Cite      NPRM ..................   05/00/16
                                                   establish standards that support                                                                                  NPRM Comment              07/00/16
                                                   additional practice standards for organic                 NPRM ..................   04/28/15       80 FR 23455      Period End.
                                                   livestock and poultry production. This                    NPRM Comment              07/27/15
                                                   action would add provisions to the                          Period End.
                                                                                                             Final Action .........    05/00/16                        Regulatory Flexibility Analysis
                                                   USDA organic regulations to address
                                                                                                                                                                     Required: Yes.
                                                   and clarify livestock and poultry living
                                                   conditions (for example, outdoor access,                    Regulatory Flexibility Analysis                         Agency Contact: Colin Stewart,
                                                   housing environment and stocking                          Required: Yes.                                          Assistant Director, Pests, Pathogens, and
                                                   densities), health care practices (for                      Agency Contact: Miles McEvoy,                         Biocontrol Permits, PPQ, Department of
                                                   example physical alterations,                             Deputy Administrator, USDA National                     Agriculture, Animal and Plant Health
                                                   administering medical treatment,                          Organic Program, Department of                          Inspection Service, 4700 River Road,
                                                   euthanasia), and animal handling and                      Agriculture, Agricultural Marketing                     Unit 133, Riverdale, MD 20737–1236,
                                                   transport to and during slaughter.                        Service, 1400 Independence Avenue                       Phone: 301 851–2237.
                                                      Timetable:                                             SW., Washington, DC 20250, Phone: 202
                                                                                                             720–3252.                                                 RIN: 0579–AC98
                                                          Action               Date           FR Cite          RIN: 0581–AD08                                        7. Bovine Spongiform Encephalopathy
                                                                                                             BILLING CODE 3410–02–P                                  and Scrapie; Importation of Small
                                                   NPRM ..................    04/13/16     81 FR 21955                                                               Ruminants and Their Germplasm,
                                                   NPRM Comment               06/13/16                                                                               Products, and Byproducts
                                                     Period End.
                                                   Final Action .........     10/00/16                       DEPARTMENT OF AGRICULTURE                                  Legal Authority: 7 U.S.C. 450; 7 U.S.C.
                                                                                                             (USDA)                                                  1622; 7 U.S.C. 7701 to 7772; 7 U.S.C.
                                                     Regulatory Flexibility Analysis                                                                                 7781 to 7786; 7 U.S.C. 8301 to 8317; 21
                                                   Required: Yes.                                            Animal and Plant Health Inspection
                                                                                                                                                                     U.S.C. 136 and 136a; 31 U.S.C. 9701
                                                     Agency Contact: Miles McEvoy,                           Service (APHIS)
                                                   Deputy Administrator, USDA National                                                                                  Abstract: This rulemaking would
                                                                                                             Proposed Rule Stage                                     amend the bovine spongiform
                                                   Organic Program, Department of
                                                   Agriculture, Agricultural Marketing                       6. Plant Pest Regulations; Update of                    encephalopathy (BSE) and scrapie
                                                   Service, 1400 Independence Avenue                         General Provisions                                      regulations regarding the importation of
                                                   SW., Washington, DC 20250, Phone: 202                                                                             live sheep, goats, and wild ruminants
                                                                                                               Legal Authority: 7 U.S.C. 450; 7 U.S.C.               and their embryos, semen, products,
                                                   720–3252.                                                 2260; 7 U.S.C. 7701 to 7772; 7 U.S.C.
                                                     RIN: 0581–AD44                                                                                                  and byproducts. The proposed scrapie
                                                                                                             7781 to 7786; 7 U.S.C. 8301 to 8817; 19                 revisions regarding the importation of
                                                                                                             U.S.C. 136; 21 U.S.C. 111; 21 U.S.C.                    sheep, goats, and susceptible wild
                                                                                                             114a; 21 U.S.C. 136 and 136a; 31 U.S.C.                 ruminants for other than immediate
                                                   DEPARTMENT OF AGRICULTURE                                 9701; 42 U.S.C. 4331 and 4332                           slaughter are similar to those
                                                   (USDA)                                                      Abstract: We are proposing to revise                  recommended by the World
                                                                                                             our regulations regarding the movement                  Organization for Animal Health in
                                                   Agricultural Marketing Service (AMS)                      of plant pests. We are proposing criteria               restricting the importation of such
                                                   Final Rule Stage                                          regarding the movement and                              animals to those from scrapie-free
                                                                                                             environmental release of biological                     regions or certified scrapie-free flocks.
                                                   5. National Organic Program, Origin of                    control organisms, and are proposing to
                                                   Livestock, NOP–11–0009                                    establish regulations to allow the                         Timetable:
                                                      Legal Authority: 7 U.S.C. 6501                         importation and movement in interstate
                                                                                                                                                                             Action             Date        FR Cite
                                                      Abstract: The current regulations                      commerce of certain types of plant pests
                                                   provide two tracks for replacing dairy                    without restriction by granting                         NPRM ..................   05/00/16
                                                   animals which are tied to how dairy                       exceptions from permitting                              NPRM Comment              07/00/16
                                                   farmers transition to organic production.                 requirements for those pests. We are                     Period End.
                                                   Farmers who transition an entire                          also proposing to revise our regulations
                                                   distinct herd must thereafter replace                     regarding the movement of soil. This                      Regulatory Flexibility Analysis
                                                   dairy animals with livestock that has                     proposed rule replaces a previously                     Required: Yes.
                                                   been under organic management from                        published proposed rule, which we are
                                                   the last third of gestation. Farmers who                  withdrawing as part of this document.                     Agency Contact: Langston Hull,
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                                                   do not transition an entire distinct herd                 This proposal would clarify the factors                 Senior Staff Veterinary Medical Officer,
                                                   may perpetually obtain replacement                        that would be considered when                           Animal Permitting and Negotiating
                                                   animals that have been managed                            assessing the risks associated with the                 Services, VS, Department of Agriculture,
                                                   organically for 12 months prior to                        movement of certain organisms and                       Animal and Plant Health Inspection
                                                   marketing milk or milk products as                        facilitate the movement of regulated                    Service, 4700 River Road, Unit 39,
                                                   organic. The proposed action would                        organisms and articles in a manner that                 Riverdale, MD 20737–1231, Phone: 301
                                                   eliminate the two-track system and                        also protects U.S. agriculture.                         851–3300.
                                                   require that upon transition, all existing                  Timetable:                                              RIN: 0579–AD10


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                                                   37254                      Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda

                                                   8. Brucellosis and Bovine Tuberculosis;                      RIN: 0579–AD65                                       apply to wood packaging material from
                                                   Update of General Provisions                                                                                      all other countries. This action is
                                                      Legal Authority: 7 U.S.C. 1622; 7                                                                              necessary in order to prevent the
                                                   U.S.C. 8301 to 8317; 15 U.S.C. 1828; 21                                                                           dissemination and spread of pests via
                                                                                                             DEPARTMENT OF AGRICULTURE
                                                   U.S.C. 136 and 136a; 31 U.S.C. 9701                                                                               wood packaging material from Canada.
                                                                                                             (USDA)                                                     Timetable:
                                                      Abstract: This rulemaking would
                                                   consolidate the regulations governing                     Animal and Plant Health Inspection
                                                                                                             Service (APHIS)                                                 Action             Date        FR Cite
                                                   bovine tuberculosis (TB), currently
                                                   found in 9 CFR part 77, and those                         Final Rule Stage                                        NPRM ..................   12/02/10   75 FR 75157
                                                   governing brucellosis, currently found                                                                            NPRM Comment              01/31/11
                                                   in 9 CFR part 78. As part of this                         9. Scrapie in Sheep and Goats                             Period End.
                                                   consolidation, we are proposing to                           Legal Authority: 7 U.S.C. 8301 to 8317               Final Rule ............   09/00/16
                                                   transition the TB and brucellosis                            Abstract: This rulemaking would                      Final Action Effec-       10/00/16
                                                   programs away from a State status                         amend the scrapie regulations by                          tive.
                                                   system based on disease prevalence.                       changing the risk groups and categories
                                                   Instead, States and tribes would                          established for individual animals and                    Regulatory Flexibility Analysis
                                                   implement an animal health plan that                      for flocks. It would simplify, reduce, or               Required: Yes.
                                                   identifies sources of the diseases within                                                                           Agency Contact: John Tyrone Jones,
                                                                                                             remove certain recordkeeping
                                                   the State or tribe and specifies                                                                                  Trade Director, Forestry Products,
                                                                                                             requirements. This action would
                                                   mitigations to address the risk posed by                                                                          Phytosanitary Issues Management, PPQ,
                                                                                                             provide designated scrapie
                                                   these sources. The consolidated                                                                                   Department of Agriculture, Animal and
                                                                                                             epidemiologists with more alternatives
                                                   regulations also would set forth                                                                                  Plant Health Inspection Service, 4700
                                                                                                             and flexibility when testing animals in
                                                   standards for surveillance,                                                                                       River Road, Unit 140, Riverdale, MD
                                                                                                             order to determine flock designations
                                                   epidemiological investigations, and                                                                               20737–1231, Phone: 301 851–2344.
                                                                                                             under the regulations. It would also                      RIN: 0579–AD28
                                                   affected herd management that must be                     make the identification and
                                                   incorporated into each animal health                      recordkeeping requirements for goat                     11. Establishing a Performance
                                                   plan, with certain limited exceptions;                    owners consistent with those for sheep                  Standard for Authorizing the
                                                   conditions for the interstate movement                    owners. These changes would affect                      Importation and Interstate Movement
                                                   of cattle, bison, and captive cervids; and                sheep and goat producers and State                      of Fruits and Vegetables
                                                   conditions for APHIS approval of tests                    governments.                                               Legal Authority: 7 U.S.C. 450; 7 U.S.C.
                                                   for bovine TB or brucellosis. Finally, the                   Timetable:                                           7701 to 7772; 7 U.S.C. 7781 to 7786; 21
                                                   rulemaking would revise the import                                                                                U.S.C. 136 and 136a
                                                   requirements for cattle and bison to                             Action                Date          FR Cite         Abstract: This rulemaking will amend
                                                   make these requirements clearer and                                                                               our regulations governing the
                                                   ensure that they more effectively                         NPRM ..................   09/10/15       80 FR 54659
                                                                                                             NPRM Comment              11/09/15                      importations of fruits and vegetables by
                                                   mitigate the risk of introduction of the                                                                          broadening our existing performance
                                                                                                               Period End.
                                                   diseases into the United States.                          NPRM Comment              11/16/15       80 FR 70718    standard to provide for consideration of
                                                      Timetable:                                               Period Re-                                            all new fruits and vegetables for
                                                                                                               opened.                                               importation into the United States using
                                                          Action               Date           FR Cite        NPRM Comment              12/09/15                      a notice-based process. Rather than
                                                                                                               Period Re-                                            authorizing new imports through
                                                   NPRM ..................    12/16/15     80 FR 78461         opened End.
                                                   NPRM Comment               03/15/16                                                                               proposed and final rules and specifying
                                                                                                             Final Action .........    07/00/16
                                                     Period End.                                                                                                     import conditions in the regulations, the
                                                   NPRM Comment               03/11/16     81 FR 12832
                                                                                                               Regulatory Flexibility Analysis                       notice-based process uses Federal
                                                     Period Ex-                                                                                                      Register notices to make risk analyses
                                                     tended.                                                 Required: Yes.
                                                                                                               Agency Contact: Diane Sutton, Sheep,                  available to the public for review and
                                                   NPRM Comment               05/16/16                                                                               comment, with authorized commodities
                                                     Period Ex-                                              Goat, Cervid, and Equine Health Center;
                                                     tended End.                                             Surveillance, Preparedness, and                         and their conditions of entry
                                                   Final Rule ............    02/00/17                       Response Services, VS, Department of                    subsequently being listed on the
                                                                                                             Agriculture, Animal and Plant Health                    Internet. It also will remove the region-
                                                     Regulatory Flexibility Analysis                         Inspection Service, 4700 River Road,                    or commodity-specific phytosanitary
                                                   Required: Yes.                                            Unit 43, Riverdale, MD 20737–1235,                      requirements currently found in these
                                                     Agency Contact: Langston Hull,                          Phone: 301 851–3509.                                    regulations. Likewise, we are proposing
                                                   Senior Staff Veterinary Medical Officer,                    RIN: 0579–AC92                                        an equivalent revision of the
                                                   Animal Permitting and Negotiating                                                                                 performance standard in our regulations
                                                   Services, VS, Department of Agriculture,                  10. Importation of Wood Packaging                       governing the interstate movements of
                                                   Animal and Plant Health Inspection                        Material From Canada                                    fruits and vegetables from Hawaii and
                                                   Service, 4700 River Road, Unit 39,                          Legal Authority: 7 U.S.C. 450; 7 U.S.C.               the U.S. territories (Guam, Northern
                                                   Riverdale, MD 20737–1231, Phone: 301                      7701 to 7772; 7 U.S.C. 7781 to 7786; 21                 Mariana Islands, Puerto Rico, and the
                                                                                                                                                                     U.S. Virgin Islands) and the removal of
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                                                   851–3300.                                                 U.S.C. 136 and 136a
                                                     C. William Hench, Senior Cattle                           Abstract: This rulemaking will amend                  commodity-specific phytosanitary
                                                   Health Specialist, Cattle Health Center,                  the regulations for the importation of                  requirements from those regulations.
                                                   Surveillance, Preparedness, and                           unmanufactured wood articles with                       This action will allow for the
                                                   Response, VS, Department of                               regard to the exemption that allows                     consideration of requests to authorize
                                                   Agriculture, Animal and Plant Health                      wood packaging material from Canada                     the importation or interstate movement
                                                   Inspection Service, 2150 Centre Avenue,                   to enter the United States without first                of new fruits and vegetables in a manner
                                                   Building B–3E20, Fort Collins, CO                         meeting the treatment and marking                       that enables a more flexible and
                                                   80526, Phone: 970 494–7378.                               requirements of the regulations that                    responsive regulatory approach to


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                                                                              Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda                                                   37255

                                                   evolving pest situations in both the                             Action                Date          FR Cite        Agency Contact: Parul Patel, Phone:
                                                   United States and exporting countries. It                                                                         301 851–2351.
                                                   will not, however, alter the science-                     NPRM ..................   01/19/16       81 FR 2762       RIN: 0579–AD11
                                                   based process in which the risk                           NPRM Comment              03/21/16
                                                                                                               Period End.                                           14. • Exportation of Live Animals,
                                                   associated with importation or interstate                                                                         Hatching Eggs, and Animal Germplasm
                                                   movement of a given fruit or vegetable                    Final Action .........    11/00/16
                                                                                                                                                                     From the United States
                                                   is evaluated or the manner in which
                                                   risks associated with the importation or                    Regulatory Flexibility Analysis                          Legal Authority: 7 U.S.C. 8301 to
                                                   interstate movement of a fruit or                         Required: Yes.                                          8317; 19 U.S.C. 1644a(c); 21 U.S.C. 136,
                                                   vegetable are mitigated.                                    Agency Contact: Freeda Isaac,                         136a, and 618; 46 U.S.C. 3901 and 3902
                                                      Timetable:                                             National Director, Agriculture Select                      Abstract: We are revising the
                                                                                                             Agent Services, Department of                           regulations pertaining to the exportation
                                                          Action               Date           FR Cite        Agriculture, Animal and Plant Health                    of livestock from the United States.
                                                                                                             Inspection Service, 4700 River Road,                    Among other things, we are removing
                                                   NPRM ..................   09/09/14      79 FR 53346       Unit 2, Riverdale, MD 20737–1231,                       most of the requirements for export
                                                   NPRM Comment              11/10/14                        Phone: 301 851–3300.                                    health certifications, tests, and
                                                     Period End.                                               RIN: 0579–AE08                                        treatments from the regulations, and
                                                   NPRM Comment              12/04/14      79 FR 71973                                                               instead directing exporters to follow the
                                                     Period Re-
                                                     opened.
                                                                                                                                                                     requirements of the importing country
                                                   NPRM Comment              01/09/15                        DEPARTMENT OF AGRICULTURE                               regarding such processes and
                                                     Period End.                                             (USDA)                                                  procedures. We are retaining only those
                                                   NPRM Comment              02/06/15      80 FR 6665                                                                export health certification, testing, and
                                                     Period Re-                                              Animal and Plant Health Inspection                      treatment requirements that we consider
                                                     opened.                                                 Service (APHIS)                                         necessary to have assurances regarding
                                                   NPRM Comment              03/10/15                                                                                the health and welfare of livestock
                                                     Period End.                                             Completed Actions
                                                                                                                                                                     exported from the United States. We
                                                   Final Rule ............    08/00/16                       13. Lacey Act Implementation Plan;                      also are allowing pre-export inspection
                                                   Final Rule Effec-          10/00/16                       Definitions for Exempt and Regulated
                                                     tive.
                                                                                                                                                                     of livestock to occur at facilities other
                                                                                                             Articles                                                than an export inspection facility
                                                     Regulatory Flexibility Analysis                           Legal Authority: 16 U.S.C. 3371 et seq.               associated with the port of embarkation,
                                                   Required: Yes.                                              Abstract: We are adopting as a final                  under certain circumstances, and
                                                     Agency Contact: Nicole Russo,                           rule, without change, an interim final                  replacing specific standards for export
                                                   Assistant Director, Regulatory                            rule that established definitions for the               inspection facilities and ocean vessels
                                                   Coordination and Compliance, PPQ,                         terms common cultivar and common                        with performance standards. These
                                                   Department of Agriculture, Animal and                     food crop and several related terms. The                changes will provide exporters and the
                                                   Plant Health Inspection Service, 4700                     2008 amendments to the Lacey Act                        Animal and Plant Health Inspection
                                                   River Road, Unit 133, Riverdale, MD                       expanded its protections to a broader                   Service (APHIS) with more flexibility in
                                                   20737–1236, Phone: 301 851–2159.                          range of plant species; extended its                    arranging for the export of livestock
                                                     RIN: 0579–AD71                                          reach to encompass products, including                  from the United States while continuing
                                                                                                             timber, that derive from illegally                      to ensure the health and welfare of the
                                                   12. • Agricultural Bioterrorism                                                                                   livestock. Additionally, if APHIS knows
                                                                                                             harvested plants; and required that
                                                   Protection Act of 2002; Biennial Review                                                                           that an importing country requires an
                                                                                                             importers submit a declaration at the
                                                   and Republication of The Select Agent                                                                             export health certificate endorsed by the
                                                                                                             time of importation for certain plants
                                                   and Toxin List                                                                                                    competent veterinary authority of the
                                                                                                             and plant products. Common cultivars
                                                      Legal Authority: 7 U.S.C. 8401                         and common food crops are among the                     United States for any animal other than
                                                      Abstract: In accordance with the                       categorical exclusions to the provisions                livestock, including pets, or for any
                                                   Agricultural Bioterrorism Protection Act                  of the Act. The Act does not define the                 hatching eggs or animal germplasm, we
                                                   of 2002, we are soliciting public                         terms common cultivar and common                        are requiring that the animal, hatching
                                                   comment regarding the list of select                      food crop but instead gives authority to                eggs, or animal germplasm have such a
                                                   agents and toxins that have the potential                 the U.S. Department of Agriculture and                  health certificate to be eligible for export
                                                   to pose a severe threat to animal or plant                the U.S. Department of the Interior to                  from the United States. This change will
                                                   health, or to animal or plant products.                   define these terms by regulation. The                   help ensure that all animals, hatching
                                                   The Act requires the biennial review                      interim final rule specifically requested               eggs, and animal germplasm exported
                                                   and republication of the list of select                   comment on definitions of two related                   from the United States meet the health
                                                   agents and toxins and the revision of the                 terms: commercial scale and tree. This                  requirements of the countries to which
                                                   list as necessary. Accordingly, we are                    document responds to comments we                        they are destined. Finally, we are
                                                   soliciting public comment on the                          received on those definitions.                          making editorial amendments to the
                                                   current list of select agents and toxins                    Completed:                                            regulations to make them easier to
                                                   in our regulations and suggestions                                                                                understand and comply with.
                                                   regarding any addition or reduction of                           Reason                Date          FR Cite         Timetable:
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                                                   the animal or plant pathogens currently
                                                   on the list of select agents.                             Affirmation of In-        01/25/16       81 FR 3939             Action             Date        FR Cite
                                                      Timetable:                                               terim Final Rule.
                                                                                                             Affirmation of In-        01/25/16                      NPRM ..................   02/26/15   80 FR 10398
                                                                                                               terim Final Rule                                      NPRM Comment              04/27/15
                                                          Action               Date           FR Cite                                                                  Period End.
                                                                                                               Effective.
                                                                                                                                                                     Final Rule ............   01/20/16   81 FR 2967
                                                   ANPRM ...............     02/27/15      80 FR 10627                                                               Final Rule Effec-         02/19/16
                                                   ANPRM Comment             04/28/15                          Regulatory Flexibility Analysis
                                                                                                                                                                       tive.
                                                    Period End.                                              Required: Yes.


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                                                   37256                      Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda

                                                     Regulatory Flexibility Analysis                         16. • Importation of Phalaenopsis SPP.                  2010, the Grain Inspection, Packers and
                                                   Required: Yes.                                            Plants for Planting in Approved                         Stockyards Administration (GIPSA)
                                                     Agency Contact: Jack Taniewski,                         Growing Media From China to the                         published a proposed rule addressing
                                                   Director for Animal Export, National                      Continental United States                               this statutory requirement along with
                                                   Import Export Services, VS, Department                      Legal Authority: 7 U.S.C. 450; 7 U.S.C.               several other rules required by the 2008
                                                   of Agriculture, Animal and Plant Health                   7701 to 7772; 7 U.S.C. 7781 to 7786; 21                 Farm Bill. Proposed 201.211 to the
                                                   Inspection Service, 4700 River Road,                      U.S.C. 136 and 136a                                     regulations under the P&S Act would
                                                   Unit 39, Riverdale, MD 20737–1231,                          Abstract: This rulemaking amends the                  have established criteria that the
                                                   Phone: 301 851–3300.                                                                                              Secretary may consider in determining
                                                                                                             regulations governing the importation of
                                                                                                                                                                     if conduct would violate section 202(b)
                                                     RIN: 0579–AE00                                          plants for planting to authorize the
                                                                                                                                                                     of the P&S Act (undue or unreasonable
                                                                                                             importation of Phalaenopsis spp. plants
                                                   15. • Importation of Tomato Plantlets                     for planting from China in approved
                                                                                                                                                                     preference or advantage). While many
                                                   in Approved Growing Media From                                                                                    commenters provided examples of
                                                                                                             growing media into the continental
                                                   Mexico                                                                                                            similarly situated poultry growers and
                                                                                                             United States, subject to a systems
                                                                                                                                                                     livestock producers receiving different
                                                      Legal Authority: 7 U.S.C. 450; 7 U.S.C.                approach. The systems approach
                                                                                                                                                                     treatment, other commenters were
                                                   7701 to 7772; 7 U.S.C. 7781 to 7786; 21                   consists of measures that are currently
                                                                                                                                                                     concerned about the impacts of the
                                                   U.S.C. 136 and 136a                                       specified in the regulations as generally
                                                                                                                                                                     provision on marketing arrangements
                                                                                                             applicable to all plants for planting                   and other beneficial contractual
                                                      Abstract: This rulemaking amends the                   authorized for importation into the
                                                   regulations governing the importation of                                                                          agreements. Beginning with the FY 2012
                                                                                                             United States in approved growing                       appropriations act, USDA was
                                                   plants for planting to authorize the                      media. This rule allows for the
                                                   importation of tomato plantlets from                                                                              precluded from working on certain
                                                                                                             importation of Phalaenopsis spp. plants                 proposed regulatory provisions related
                                                   Mexico in approved growing media,                         for planting from China in approved
                                                   subject to a systems approach. The                                                                                to the P&S Act, including criteria in this
                                                                                                             growing media, while providing                          proposal regarding undue or
                                                   systems approach consists of measures                     protection against the introduction of
                                                   currently specified for tomato plants for                                                                         unreasonable preferences or advantages.
                                                                                                             quarantine plant pests.                                 Consequently, GIPSA did not finalize
                                                   planting not imported in growing                            Timetable:
                                                   media, as well as measures specific to                                                                            this rule in 2011. The prohibitions are
                                                   all plants for planting imported into the                                                                         not included in the Consolidated
                                                                                                                    Action                Date          FR Cite
                                                   United States in approved growing                                                                                 Appropriations Act, 2016. This
                                                   media. Additionally, the plantlets must                   NPRM ..................   06/01/15       80 FR 30959    rulemaking is necessary to fulfill
                                                   be imported into greenhouses in the                       NPRM Comment              07/31/15                      statutory requirements.
                                                   continental United States and the                           Period End.                                              Timetable:
                                                   importers of the plantlets from Mexico                    Final Rule ............   02/11/16       81 FR 7195
                                                                                                             Final Rule Effec-         03/14/16                              Action        Date      FR Cite
                                                   or the owners of the greenhouses in the
                                                                                                               tive.
                                                   continental United States must enter                                                                              Proposed Rule ....   09/00/16
                                                   into compliance agreements regarding
                                                                                                               Regulatory Flexibility Analysis
                                                   the conditions under which the plants                                                                                Regulatory Flexibility Analysis
                                                                                                             Required: Yes.
                                                   from Mexico must enter and be                                                                                     Required: Yes.
                                                                                                               Agency Contact: Lydia Colón, PPQ,
                                                   maintained within the greenhouses.                                                                                   Agency Contact: Raymond Dexter
                                                                                                             Department of Agriculture, Animal and
                                                   This rule allows for the importation into                                                                         Thomas II, Lead Regulatory Analyst,
                                                                                                             Plant Health Inspection Service, 4700
                                                   the continental United States of tomato                                                                           Department of Agriculture, Grain
                                                                                                             River Road, Unit 133, Riverdale, MD
                                                   plantlets from Mexico in approved                                                                                 Inspection, Packers and Stockyards
                                                                                                             20737–1236, Phone: 301 851–2302.
                                                   growing media, while providing                                                                                    Administration, 1400 Independence
                                                                                                               RIN: 0579–AE10
                                                   protection against the introduction of                                                                            Avenue SW., Room 2530–South,
                                                   plant pests. The rule also allows the                     BILLING CODE 3410–34–P
                                                                                                                                                                     Washington, DC 20250, Phone: 202 720–
                                                   imported greenhouse plantlets to                                                                                  6529, Fax: 202 690–2173, Email:
                                                   produce tomato fruit for commercial                                                                               r.dexter.thomas@usda.gov.
                                                   sale within the United States.                            DEPARTMENT OF AGRICULTURE                                  RIN: 0580–AB27
                                                      Timetable:                                             (USDA)

                                                          Action               Date           FR Cite        Grain Inspection, Packers and
                                                                                                             Stockyards Administration (GIPSA)                       DEPARTMENT OF AGRICULTURE
                                                   NPRM ..................   03/05/15      80 FR 11946
                                                                                                                                                                     (USDA)
                                                                                                             Proposed Rule Stage
                                                   NPRM Comment              05/04/15                                                                                Grain Inspection, Packers and
                                                     Period End.                                             17. • Undue Preference and Advantage                    Stockyards Administration (GIPSA)
                                                   Final Rule ............   10/02/15      80 FR 59557
                                                   Final Rule Effec-         11/02/15                          Legal Authority: Pub. L. 110–246; 7                   Final Rule Stage
                                                     tive.                                                   U.S.C. 181–229c
                                                                                                               Abstract: Title XI of the 2008 Farm                   18. • Scope and Unfair Practices
                                                                                                             Bill required the Secretary of
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                                                     Regulatory Flexibility Analysis                                                                                   Legal Authority: Pub. L. 110–246; 7
                                                                                                             Agriculture to issue a number of                        U.S.C. 181 to 229c
                                                   Required: Yes.
                                                                                                             regulations under the P&S Act. Among                      Abstract: In June of 2010, GIPSA
                                                     Agency Contact: Lydia Coloón, PPQ,                     these instructions, the 2008 Farm Bill                  published a proposal to amend section
                                                   Department of Agriculture, Animal and                     directed the Secretary to identify criteria             201.3 of the regulations issued under
                                                   Plant Health Inspection Service, 4700                     to be considered in determining                         the Packers and Stockyards Act (P&S
                                                   River Road, Unit 133, Riverdale, MD                       whether an undue or unreasonable                        Act), 1921, as amended. This proposed
                                                   20737–1236, Phone: 301 851–2302.                          preference or advantage has occurred in                 change responds to guidance from the
                                                     RIN: 0579–AE06                                          violation of the P&S Act. In June of                    courts. The courts, in addressing


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                                                                              Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda                                                   37257

                                                   litigation brought by poultry growers                            Action                Date          FR Cite        Agency Contact: Charles H. Watford,
                                                   alleging harm, have said that GIPSA’s                                                                             Regulatory Review Specialist,
                                                   statements regarding the appropriate                      NPRM ..................   11/00/16                      Department of Agriculture, Food and
                                                   application of subsections 202(a) and                                                                             Nutrition Service, 3101 Park Center
                                                   202(b) are not entitled to deference in                     Regulatory Flexibility Analysis                       Drive, Alexandria, VA 22302, Phone:
                                                   the absence of regulation addressing                      Required: Yes.                                          703 605–0800, Email: charles.watford@
                                                   whether the P&S Act prohibits all unfair                    Agency Contact: Charles H. Watford,                   fns.usda.gov.
                                                   practices, or only those causing harm or                  Regulatory Review Specialist,                             Lynnette M. Thomas, Chief, Planning
                                                   a likelihood of harm to competition. The                  Department of Agriculture, Food and                     and Regulatory Affairs Branch,
                                                   amendment to 201.3 will establish                         Nutrition Service, 3101 Park Center                     Department of Agriculture, Food and
                                                   GIPSA’s interpretation of the statute                     Drive, Alexandria, VA 22302, Phone:                     Nutrition Service, 3101 Park Center
                                                   which will then be entitled to judicial                   703 605–0800, Email: charles.watford@                   Drive, Alexandria, VA 22302, Phone:
                                                   deference. Section 201.210 will                           fns.usda.gov.                                           703 605–4782, Email: lynnette.thomas@
                                                   illustrate by way of examples types of                      Lynnette M. Thomas, Chief, Planning                   fns.usda.gov.
                                                   conduct GIPSA would consider unfair,                      and Regulatory Affairs Branch,
                                                                                                                                                                       RIN: 0584–AE09
                                                   unjustly discriminatory, or deceptive.                    Department of Agriculture, Food and
                                                      Timetable:                                             Nutrition Service, 3101 Park Center                     21. Child Nutrition Programs: Local
                                                                                                             Drive, Alexandria, VA 22302, Phone:                     School Wellness Policy Implementation
                                                          Action               Date           FR Cite        703 605–4782, Email: lynnette.thomas@                   Under the Healthy, Hunger-Free Kids
                                                                                                             fns.usda.gov.                                           Act of 2010
                                                   Final Rule ............    09/00/16                         RIN: 0584–AE37
                                                                                                                                                                       Legal Authority: Pub. L. 111–296
                                                      Regulatory Flexibility Analysis                                                                                  Abstract: This final rule codifies a
                                                   Required: Yes.                                                                                                    provision of the Healthy, Hunger-Free
                                                                                                             DEPARTMENT OF AGRICULTURE                               Kids Act (Pub. L. 111–296; the Act)
                                                      Agency Contact: Raymond Dexter                         (USDA)                                                  under 7 CFR parts 210 and 220. Section
                                                   Thomas II, Lead Regulatory Analyst,                                                                               204 of the Act requires each local
                                                   Department of Agriculture, Grain                          Food and Nutrition Service (FNS)
                                                                                                                                                                     educational agency (LEA) to establish,
                                                   Inspection, Packers and Stockyards                        Final Rule Stage                                        for all schools under its jurisdiction, a
                                                   Administration, 1400 Independence                                                                                 local school wellness policy. The Act
                                                   Avenue SW., Room 2530–South,                              20. National School Lunch and School
                                                                                                             Breakfast Programs: Nutrition                           requires that the wellness policy
                                                   Washington, DC 20250, Phone: 202 720–                                                                             include goals for nutrition, nutrition
                                                   6529, Fax: 202 690–2173, Email:                           Standards for All Foods Sold in School,
                                                                                                             as Required by the Healthy, Hunger-                     education, physical activity, and other
                                                   r.dexter.thomas@usda.gov.                                                                                         school-based activities that promote
                                                                                                             Free Kids Act of 2010
                                                      RIN: 0580–AB25                                                                                                 student wellness. In addition, the Act
                                                                                                               Legal Authority: Pub. L. 111–296                      requires that local educational agencies
                                                   BILLING CODE 3410–EN–P
                                                                                                               Abstract: This rule codifies the two                  ensure stakeholder participation in
                                                                                                             provisions of the Healthy, Hunger-Free                  development of their local school
                                                                                                             Kids Act (Pub. L. 111–296; the Act)                     wellness policies, and periodically
                                                   DEPARTMENT OF AGRICULTURE                                 under 7 CFR parts 210 and 220. Section                  assess compliance with the policies, and
                                                   (USDA)                                                    208 requires the Secretary to promulgate                disclose information about the policies
                                                                                                             regulations to establish science-based                  to the public.
                                                   Food and Nutrition Service (FNS)                          nutrition standards for all foods sold in
                                                                                                             schools. The nutrition standards apply                    Timetable:
                                                   Proposed Rule Stage
                                                                                                             to all food sold outside the school meal
                                                   19. Modernizing Supplemental                              programs, on the school campus, and at
                                                                                                                                                                             Action             Date        FR Cite
                                                   Nutrition Assistance Program (SNAP)                       any time during the school day. Section
                                                   Benefit Redemption Systems                                                                                        NPRM ..................   02/26/14   79 FR 10693
                                                                                                             203 requires schools participating in the               NPRM Comment              04/28/14
                                                     Legal Authority: Pub. L. 113–79                         National School Lunch Program to make                     Period End.
                                                                                                             available to children free of charge, as                Final Action .........    05/00/16
                                                     Abstract: The Agricultural Act of 2014
                                                                                                             nutritionally appropriate, potable water
                                                   (Pub. L. 113–79, the Farm Bill) amended
                                                                                                             for consumption in the place where                        Regulatory Flexibility Analysis
                                                   the Food and Nutrition Act of 2008 (the
                                                                                                             meals are served during meal service.                   Required: Yes.
                                                   FNA) to include new requirements
                                                                                                               Timetable:                                              Agency Contact: Charles H. Watford,
                                                   regarding the acceptance and processing
                                                   of SNAP client benefits by all non-                                                                               Regulatory Review Specialist,
                                                                                                                    Action                Date          FR Cite
                                                   exempt retailers participating in SNAP.                                                                           Department of Agriculture, Food and
                                                   Statutory changes will modernize EBT                      NPRM ..................   02/08/13       78 FR 9530     Nutrition Service, 3101 Park Center
                                                   systems and ensure greater program                        NPRM Comment              04/09/13                      Drive, Alexandria, VA 22302, Phone:
                                                   integrity. The Food and Nutrition                            Period End.                                          703 605–0800, Email: charles.watford@
                                                   Service (FNS) also plans to revise                        Interim Final Rule        06/28/13       78 FR 39067    fns.usda.gov.
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                                                   certain SNAP regulations for which                        Interim Final Rule        08/27/13                        Lynnette M. Thomas, Chief, Planning
                                                   multiple State agencies have sought and                      Effective.                                           and Regulatory Affairs Branch,
                                                                                                             Interim Final Rule        10/28/13
                                                   received approval of waivers. The                            Comment Pe-
                                                                                                                                                                     Department of Agriculture, Food and
                                                   revisions will streamline program                            riod End.                                            Nutrition Service, 3101 Park Center
                                                   administration, offer greater flexibility                 Final Action .........    05/00/16                      Drive, Alexandria, VA 22302, Phone:
                                                   to State agencies, and improve customer                                                                           703 605–4782, Email: lynnette.thomas@
                                                   service.                                                    Regulatory Flexibility Analysis                       fns.usda.gov.
                                                     Timetable:                                              Required: Yes.                                            RIN: 0584–AE25


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                                                   37258                     Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda

                                                   DEPARTMENT OF AGRICULTURE                                necessary. If this supplemental                                Reason            Date        FR Cite
                                                   (USDA)                                                   proposed rule is finalized, FSIS will end
                                                                                                            its Trichinella Approved Laboratory                    Final Action .........   12/02/15   80 FR 75589
                                                   Food and Nutrition Service (FNS)                                                                                Final Action Effec-      03/01/16
                                                                                                            Program (TALP program) for the
                                                   Completed Actions                                        evaluation and approval of non-Federal                   tive.
                                                                                                            laboratories that use the pooled sample
                                                   22. Child and Adult Care Food                            digestion technique to analyze samples                    Regulatory Flexibility Analysis
                                                   Program: Meal Pattern Revisions                          for the presence of trichina. FSIS is also             Required: Yes.
                                                   Related to the Healthy, Hunger-Free                      proposing to consolidate the regulations                  Agency Contact: Daniel L. Engeljohn,
                                                   Kids Act of 2010                                         on thermally processed, commercially                   Phone: 202 205–0495, Fax: 202 720–
                                                     Legal Authority: Pub. L. 111–296                       sterile meat and poultry products (i.e.,               2025, Email: daniel.engeljohn@
                                                     Abstract: This final rule will                         canned food products containing meat                   fsis.usda.gov.
                                                   implement section 221 of the Healthy,                                                                              RIN: 0583–AD36
                                                                                                            or poultry).
                                                                                                                                                                   BILLING CODE 3410–DM–P
                                                   Hunger-Free Kids Act of 2010 (Pub. L.                       Timetable:
                                                   111–296; the Act). It requires USDA to
                                                   review and update, no less frequently                           Action                Date         FR Cite
                                                   than once every 10 years, requirements                                                                          DEPARTMENT OF AGRICULTURE
                                                   for meals served under the Child and                     NPRM ..................   05/00/16
                                                                                                                                                                   (USDA)
                                                   Adult Care Food Program (CACFP) to
                                                                                                               Regulatory Flexibility Analysis                     Forest Service (FS)
                                                   ensure those meal patterns are
                                                                                                            Required: Yes.
                                                   consistent with the most recent Dietary                     Agency Contact: Dr. Daniel L.                       Long-Term Actions
                                                   Guidelines for Americans and relevant                    Engeljohn, Assistant Administrator,                    25. Management of Surface Activities
                                                   nutrition science.                                       Office of Policy and Program                           Associated With Outstanding Mineral
                                                     Completed:                                             Development, Department of                             Rights on National Forest System Lands
                                                         Reason               Date           FR Cite
                                                                                                            Agriculture, Food Safety and Inspection                (Directive)
                                                                                                            Service, 1400 Independence Avenue                         Legal Authority: EPA 1992
                                                   Final Action .........   04/25/16      81 FR 24348       SW., 349–E JWB, Washington, DC                            Abstract: Close to 11,000,000 acres
                                                   Final Action Effec-      06/24/16                        20250, Phone: 202 205–0495, Fax: 202                   (approximately 6 percent) of National
                                                     tive.                                                  720–2025, Email: daniel.engeljohn@                     Forest System (NFS) lands overlie
                                                                                                            fsis.usda.gov.                                         severed (split) mineral estates owned by
                                                     Regulatory Flexibility Analysis                           RIN: 0583–AD59                                      a party other than the Federal
                                                   Required: Yes.                                                                                                  Government. More than 75 percent of
                                                     Agency Contact: Charles H. Watford,                                                                           these lands are in the Eastern Region
                                                   Phone: 703 605–0800, Email:                                                                                     (Forest Service Regions 8 and 9). There
                                                   charles.watford@fns.usda.gov.                            DEPARTMENT OF AGRICULTURE
                                                                                                            (USDA)                                                 are two kinds of severed mineral estates,
                                                     Lynnette M. Thomas, Phone: 703 605–
                                                                                                                                                                   generally known as ‘‘private rights’’:
                                                   4782, Email: lynnette.thomas@                            Food Safety and Inspection Service                     reserved and outstanding. Reserved
                                                   fns.usda.gov.                                            (FSIS)                                                 mineral rights are those retained by a
                                                     RIN: 0584–AE18
                                                                                                            Completed Actions                                      grantor in a deed conveying land to the
                                                   BILLING CODE 3410–30–P
                                                                                                                                                                   United States. Outstanding mineral
                                                                                                            24. Mandatory Inspection of Fish of the                rights are those owned by a party other
                                                                                                            Order Siluriformes and Products                        than the surface owner at the time the
                                                   DEPARTMENT OF AGRICULTURE                                Derived From Such Fish                                 surface was conveyed to the United
                                                   (USDA)                                                      Legal Authority: Federal Meat                       States. Because these are non-Federal
                                                                                                            Inspection Act (FMIA) (21 U.S.C. 601 to                mineral interests, the U.S. Department
                                                   Food Safety and Inspection Service
                                                                                                            695); Pub. L. 110–246, sec 11016; Pub.                 of the Interior’s Bureau of Land
                                                   (FSIS)
                                                                                                            L. 113–79, sec 12106                                   Management has no authority for or role
                                                   Proposed Rule Stage                                         Abstract: The 2008 Farm Bill (Pub. L.               in managing development activities
                                                                                                            110–246, sec. 11016), amended the                      associated with such interests. States
                                                   23. Elimination of Trichina Control                      Federal Meat Inspection Act (FMIA) to                  have the authority and responsibility for
                                                   Regulations and Consolidation of                         make ‘‘catfish’’ a species amenable to                 regulating development of the private
                                                   Thermally Processed, Commercially                        the FMIA and, therefore, subject to Food               mineral estate.
                                                   Sterile Regulations                                      Safety and Inspection Service (FSIS)                      Various Secretary’s Rules and
                                                      Legal Authority: Federal Meat                         inspection. In addition, the 2008 Farm                 Regulations (years of 1911, 1937, 1938,
                                                   Inspection Act (FMIA); Poultry Products                  Bill gave FSIS the authority to define                 1939, 1947, 1950, and 1963) and Forest
                                                   Inspection Act (PPIA)                                    the term ‘‘catfish.’’ On February 24,                  Service regulations at 36 CFR 251.15
                                                      Abstract: The Food Safety and                         2011, FSIS published a proposed rule                   provide direction for the use of NFS
                                                   Inspection Service (FSIS) is proposing                   that outlined a mandatory catfish                      lands for mineral development activities
                                                   to amend the Federal meat inspection                     inspection program and presented two                   associated with the exercise of reserved
                                                   regulations to eliminate the
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                                                                                                            options for defining ‘‘catfish.’’ The 2014             mineral rights. These existing rules for
                                                   requirements for both ready-to-eat (RTE)                 Farm Bill (Pub. L. 113–79, sec. 12106),                reserved minerals development
                                                   and not-ready-to-eat (NRTE) pork and                     amended the FMIA to remove the term                    activities also include requirements for
                                                   pork products to be treated to destroy                   ‘‘catfish’’ and to make ‘‘all fish of the              protection of NFS resources.
                                                   trichina (Trichinella spiralis) because                  order Siluriformes’’ subject to FSIS                      Currently, there are no formal
                                                   the regulations are inconsistent with the                jurisdiction and inspection. As a result,              regulations governing the use of NFS
                                                   Hazard Analysis and Critical Control                     FSIS inspection of Siluriformes is                     lands for activities associated with the
                                                   Point (HACCP) regulations, and these                     mandated by law and non-discretionary.                 exercise of outstanding mineral rights
                                                   prescriptive regulations are no longer                      Completed:                                          underlying those lands. The Energy


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                                                                              Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda                                                  37259

                                                   Policy Act of 1992, section 2508,                         Service had erred in not providing an                   products. Typical intermediate
                                                   directed the Secretary of Agriculture to                  opportunity for notice and comment on                   ingredient or feedstock product
                                                   apply specified terms and conditions to                   the interim directive and that the agency               categories will include renewable
                                                   surface-disturbing activities related to                  needed to conduct a Regulatory                          chemicals; plastic resins; chemical
                                                   development of oil and gas on certain                     Flexibility Act analysis of the impact of               binders; oils, fats, and waxes; and fibers
                                                   lands with outstanding mineral rights                     the directive on small business entities                and fabrics.
                                                   on the Allegheny National Forest, and                     that hold ski area permits. The court                     Timetable:
                                                   promulgate regulations implementing                       vacated the interim directive and
                                                   that section.                                             enjoined enforcement of the 2011 and                            Action             Date      FR Cite
                                                      The Forest Service initiated                           2012 clauses in permits containing
                                                   rulemaking for the use of NFS lands for                   them. The directive addresses the                       NPRM ..................   06/00/16
                                                   development activities associated with                    development of water facilities on NFS
                                                   both reserved and outstanding minerals                    lands; the ownership of preexisting and                   Regulatory Flexibility Analysis
                                                   rights with an Advance Notice of                          future water rights; mechanisms to                      Required: Yes.
                                                   Proposed Rulemaking (ANPRM) in the                        ensure sufficient water remains for ski                   Agency Contact: Marie Wheat,
                                                   Federal Register on December 29, 2008.                    areas on NFS lands; and measures                        Department of Agriculture, Office of
                                                   Comments from the public in response                      necessary to protect NFS lands and                      Procurement and Property Management,
                                                   to the ANPRM conveyed a high level of                     resources. The Forest Service published                 Washington, DC 20250, Phone: 202 239–
                                                   concern about the broad scope of the                      the proposed ski area water rights clause               4502, Email: marie.wheat@dm.usda.gov.
                                                   rule, along with a high level of concern                  in the Federal Register for public notice                 RIN: 0599–AA24
                                                   about effects of a broad rule on small                    and comment. To identify interests and                  28. Designation of Biobased Product
                                                   businesses and local economies.                           views from a diverse group of                           Categories for Federal Procurement,
                                                      Timetable:                                             stakeholders regarding a revised water                  Round 12
                                                                                                             rights clause for ski areas, the Forest
                                                          Action               Date           FR Cite
                                                                                                             Service held four stakeholder meetings                     Legal Authority: Pub. L. 113–79
                                                                                                             in April 2013. The input from the                          Abstract: This proposed rule will
                                                   ANPRM ...............     12/29/08      73 FR 79424                                                               designate, for preferred procurement
                                                   ANPRM Comment             02/27/09                        stakeholder sessions was considered in
                                                    Period End.                                              the development of the final water                      under the Federal Biobased Products
                                                                                                             rights clause for ski areas.                            Preferred Procurement Program,
                                                   NPRM ..................      To Be Determined                Completed:                                           approximately eight complex assembly
                                                                                                                                                                     product categories. A complex assembly
                                                     Regulatory Flexibility Analysis                                Reason                Date          FR Cite      is defined by the BioPreferred program
                                                   Required: Yes.                                                                                                    as a system of distinct materials and
                                                     Agency Contact: LaRenda C. King,                        Final Directive .....    12/30/15        80 FR 81508    components assembled to create a
                                                   Phone: 202 205–6560, Email:                                                                                       finished product with specific
                                                   larendacking@fs.fed.us.                                     Regulatory Flexibility Analysis                       functional intent where some or all of
                                                     RIN: 0596–AD03                                          Required: Yes.                                          the system inputs contain some amount
                                                                                                               Agency Contact: LaRenda C. King,                      of biobased material or feedstock.
                                                                                                             Phone: 202 205–6560, Email:                             Typical complex assembly product
                                                                                                             larendacking@fs.fed.us.                                 categories will include products such as
                                                   DEPARTMENT OF AGRICULTURE                                   RIN: 0596–AD14
                                                   (USDA)                                                                                                            upholstered office chairs and other
                                                                                                             BILLING CODE 3410–11–P                                  office furniture; mattresses; backpacks;
                                                   Forest Service (FS)                                                                                               boots; and other camping gear. The
                                                   Completed Actions                                                                                                 specific product categories to be
                                                                                                             DEPARTMENT OF AGRICULTURE                               included in this rulemaking are under
                                                   26. Ski Area—D Clauses: Resource and                                                                              investigation by the Office of
                                                                                                             (USDA)
                                                   Improvement Protection, Water                                                                                     Procurement and Property Management,
                                                   Facilities, and Water Rights (Directive)                  Office of Procurement and Property                      but technical information is expected to
                                                      Legal Authority: FSH 2709.11                           Management (OPPM)                                       be available to support the designation
                                                      Abstract: On November 8, 2011, the                     Proposed Rule Stage                                     of about eight product categories.
                                                   Forest Service issued an interim                                                                                     Timetable:
                                                   directive (FSH 2709.11–2011–3)                            27. Designation of Biobased Product
                                                   including a revised clause to address the                 Categories for Federal Procurement,                             Action             Date      FR Cite
                                                   ownership of water rights developed on                    Round 11
                                                   National Forest System (NFS) lands for                                                                            NPRM ..................   08/00/16
                                                                                                               Legal Authority: Pub. L. 113–79
                                                   use by ski area permit holders. On                          Abstract: This proposed rule will
                                                   March 6, 2012, a second interim                           designate, for preferred procurement                      Regulatory Flexibility Analysis
                                                   directive (FSH 2709.11–2012–1) for the                    under the Federal Biobased Products                     Required: Yes.
                                                   revised ski area water rights clause was                  Preferred Procurement Program,                            Agency Contact: Marie Wheat,
                                                   issued, superseding the 2011 version.                     approximately 10 intermediate                           Department of Agriculture, Office of
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                                                   The National Ski Areas Association                        ingredient or feedstock product                         Procurement and Property Management,
                                                   filed a lawsuit in the United States                      categories. An intermediate ingredient                  Washington, DC 20250, Phone: 202 239–
                                                   District Court for the District of                        or feedstock is defined by the                          4502, Email: marie.wheat@dm.usda.gov.
                                                   Colorado on March 12, 2012, opposing                      BioPreferred Program as a material or                     RIN: 0599–AA25
                                                   use of the revised clause. On December                    compound made in whole or in                            [FR Doc. 2016–12899 Filed 6–8–16; 8:45 am]
                                                   19, 2012, the court ruled that the Forest                 significant part from biological                        BILLING CODE 3410–98–P




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Document Created: 2018-02-08 07:33:53
Document Modified: 2018-02-08 07:33:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionUnknown Section
ActionSemiannual regulatory agenda.
ContactFor 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.
FR Citation81 FR 37250 
CFR Citation36
Title 36 CFR Chapter II
48
Title 48 CFR Chapter 4
5
Title 5 CFR Chapter LXXIII

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