83_FR_477 83 FR 474 - Withdrawal of Certain Proposed Rules and Other Proposed Actions

83 FR 474 - Withdrawal of Certain Proposed Rules and Other Proposed Actions

DEPARTMENT OF AGRICULTURE
Office of the Secretary

Federal Register Volume 83, Issue 3 (January 4, 2018)

Page Range474-475
FR Document2017-28433

The United States Department of Agriculture (USDA) is announcing that it has withdrawn certain advance notice of proposed rulemakings (ANPRM) and proposed rules that were either published in the Federal Register more than 4 years ago without subsequent action or determined to no longer be candidates for final action. USDA is taking this action to reduce its regulatory backlog and focus its resources on higher priority actions. The Department's actions are part of an overall regulatory reform strategy to reduce regulatory burden on the public and to ensure the Spring and Fall 2017 Unified Agendas of Regulatory and Deregulatory Actions provided the public accurate information about rulemakings the Department intends to undertake.

Federal Register, Volume 83 Issue 3 (Thursday, January 4, 2018)
[Federal Register Volume 83, Number 3 (Thursday, January 4, 2018)]
[Proposed Rules]
[Pages 474-475]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28433]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / 
Proposed Rules

[[Page 474]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Subtitles A and B

9 CFR Chapters I, II, and III


Withdrawal of Certain Proposed Rules and Other Proposed Actions

AGENCY: Office of the Secretary, USDA.

ACTION: Notice of withdrawal.

-----------------------------------------------------------------------

SUMMARY: The United States Department of Agriculture (USDA) is 
announcing that it has withdrawn certain advance notice of proposed 
rulemakings (ANPRM) and proposed rules that were either published in 
the Federal Register more than 4 years ago without subsequent action or 
determined to no longer be candidates for final action. USDA is taking 
this action to reduce its regulatory backlog and focus its resources on 
higher priority actions. The Department's actions are part of an 
overall regulatory reform strategy to reduce regulatory burden on the 
public and to ensure the Spring and Fall 2017 Unified Agendas of 
Regulatory and Deregulatory Actions provided the public accurate 
information about rulemakings the Department intends to undertake.

DATES: The advance notice of proposed rulemakings and proposed rules 
are withdrawn on January 4, 2018.

FOR FURTHER INFORMATION CONTACT: Michael Poe, Telephone Number: (202) 
720-3323. Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    USDA reviewed its pending proposed rules and other notices that 
published in the Federal Register more than 4 years ago, and for which 
no final rule or notice of withdrawal has been issued. The agency 
identified 14 such regulatory proposals for withdrawal. Additionally, 
USDA identified two proposed rules for withdrawal because they are not 
considered candidates for final action at this time.
    Although not required to do so by the Administrative Procedure Act 
or by regulations of the Office of the Federal Register, the agency 
believes the public interest is best served by announcing in the 
Federal Register that it has withdrawn these 16 items. Therefore, for 
the reasons set forth above, USDA announces that it has withdrawn the 
following documents, published in the Federal Register on the dates 
indicated in the table below.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Published
                 Agency                         RIN                    Title                   action           Date                  FR cite
--------------------------------------------------------------------------------------------------------------------------------------------------------
FAS.....................................       0551-AA68  Quality Samples Program........            NPRM       8/03/2006  71 FR 43992
FAS.....................................       0551-AA81  Export Sales Reporting Program.            NPRM       3/19/2013  78 FR 16819
RUS.....................................       0572-AC21  Project Financing--Renewable              ANPRM        6/5/2013  78 FR 33755
                                                           Energy Loans.
RUS.....................................       0572-AC32  Rural Determination and                    NPRM        6/5/2013  78 FR 33757
                                                           Financing Percentage.
APHIS...................................       0579-AC28  Viruses, Serums, Toxins, and               NPRM       1/31/2007  72 FR 4467
                                                           Analogous Products; Detection
                                                           of Avian Lymphoid Leukosis
                                                           Virus.
APHIS...................................       0579-AC65  Tuberculosis: Require Approved             NPRM       7/24/2008  73 FR 43171
                                                           Herd Plans Prior to Payment of
                                                           Indemnity.
APHIS...................................       0579-AD50  Forfeiture Procedures Under the            NPRM       5/21/2013  78 FR 29659
                                                           Endangered Species Act and the
                                                           Lacey Act Amendments.
APHIS...................................       0579-AD67  Chrysanthemum White Rust                  ANPRM        8/3/2012  77 FR 46339
                                                           Regulatory Status Restrictions.
AMS.....................................       0581-AC83  Farmers' Market Promotion                  NPRM       1/19/2011  76 FR 3046
                                                           Program.
AMS.....................................       0581-AD24  Hardwood Lumber and Hardwood               NPRM      11/13/2013  78 FR 68297
                                                           Plywood Research and Promotion
                                                           Program.
AMS.....................................       0581-AD63  Soybean Promotion, Research,               NPRM       7/15/2016  81 FR 45984
                                                           and Consumer Information; Beef
                                                           Promotion and Research;
                                                           Amendments to Allow
                                                           Redirection of State
                                                           Assessments to the National
                                                           Program; Technical Amendments.
FNS.....................................       0584-AC72  National School Lunch Program:             NPRM      10/11/2000  65 FR 60502
                                                           Reimbursement for snacks in
                                                           afterschool care programs.
Forest Service..........................       0596-AC46  Small Business Administration              NPRM        8/1/2006  71 FR 43435
                                                           Timber Sale Set-Aside Program.
Forest Service..........................       0596-AC71  Proposed Directive on                      NPRM        5/6/2014  79 FR 25824
                                                           Groundwater Resource
                                                           Management, Forest Service
                                                           Manual 2560.
Forest Service..........................       0596-AC89  Enhancing Policies Relating to            ANPRM       9/14/2010  75 FR 55710
                                                           Partnerships.
Forest Service..........................       0596-AD03  Management of Surface                     ANPRM      12/29/2008  73 FR 79424
                                                           Activities Associated with
                                                           Outstanding Mineral Rights on
                                                           National Forest System Lands
                                                           (Directive).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The withdrawal of these proposals identified in this document does 
not preclude the Department from reinstituting rulemaking concerning 
the issues addressed in the proposals listed in the chart. Should we 
decide to undertake such rulemakings in the future, we will re-propose 
the actions and provide new opportunities for comment. Furthermore, 
this notice is only intended to address the specific actions identified 
in this document, and

[[Page 475]]

not any other pending proposals that USDA has issued or is considering. 
The Department notes that withdrawal of a proposal does not necessarily 
mean that the preamble statement of the proposal no longer reflects the 
current position of USDA on the matter addressed. You may wish to 
review the Department's website (http://www.USDA.gov) for any current 
guidance on these matter matters.

    Dated: December 26, 2017.
Rebeckah Adcock,
Regulatory Reform Officer and Senior Advisor to the Secretary.
[FR Doc. 2017-28433 Filed 1-3-18; 8:45 am]
 BILLING CODE 3410-90-P



                                                 474

                                                 Proposed Rules                                                                                                              Federal Register
                                                                                                                                                                             Vol. 83, No. 3

                                                                                                                                                                             Thursday, January 4, 2018



                                                 This section of the FEDERAL REGISTER                           (ANPRM) and proposed rules that were                         Background
                                                 contains notices to the public of the proposed                 either published in the Federal Register
                                                 issuance of rules and regulations. The                         more than 4 years ago without                                   USDA reviewed its pending proposed
                                                 purpose of these notices is to give interested                 subsequent action or determined to no                        rules and other notices that published in
                                                 persons an opportunity to participate in the                   longer be candidates for final action.                       the Federal Register more than 4 years
                                                 rule making prior to the adoption of the final                                                                              ago, and for which no final rule or
                                                                                                                USDA is taking this action to reduce its
                                                 rules.                                                                                                                      notice of withdrawal has been issued.
                                                                                                                regulatory backlog and focus its
                                                                                                                resources on higher priority actions. The                    The agency identified 14 such
                                                 DEPARTMENT OF AGRICULTURE                                      Department’s actions are part of an                          regulatory proposals for withdrawal.
                                                                                                                overall regulatory reform strategy to                        Additionally, USDA identified two
                                                 Office of the Secretary                                        reduce regulatory burden on the public                       proposed rules for withdrawal because
                                                                                                                and to ensure the Spring and Fall 2017                       they are not considered candidates for
                                                 7 CFR Subtitles A and B                                        Unified Agendas of Regulatory and                            final action at this time.
                                                                                                                Deregulatory Actions provided the                               Although not required to do so by the
                                                 9 CFR Chapters I, II, and III                                  public accurate information about                            Administrative Procedure Act or by
                                                                                                                rulemakings the Department intends to                        regulations of the Office of the Federal
                                                 Withdrawal of Certain Proposed Rules                           undertake.                                                   Register, the agency believes the public
                                                 and Other Proposed Actions                                     DATES: The advance notice of proposed                        interest is best served by announcing in
                                                                                                                rulemakings and proposed rules are                           the Federal Register that it has
                                                 AGENCY:    Office of the Secretary, USDA.
                                                                                                                withdrawn on January 4, 2018.                                withdrawn these 16 items. Therefore,
                                                 ACTION:    Notice of withdrawal.                               FOR FURTHER INFORMATION CONTACT:                             for the reasons set forth above, USDA
                                                 SUMMARY:    The United States Department                       Michael Poe, Telephone Number: (202)                         announces that it has withdrawn the
                                                 of Agriculture (USDA) is announcing                            720–3323. Email: Michael.poe@                                following documents, published in the
                                                 that it has withdrawn certain advance                          obpa.usda.gov.                                               Federal Register on the dates indicated
                                                 notice of proposed rulemakings                                 SUPPLEMENTARY INFORMATION:                                   in the table below.

                                                                                                                                                                             Published
                                                     Agency                    RIN                                               Title                                                           Date             FR cite
                                                                                                                                                                              action

                                                 FAS ...............        0551–AA68         Quality Samples Program ....................................................       NPRM            8/03/2006   71   FR   43992
                                                 FAS ...............        0551–AA81         Export Sales Reporting Program .........................................           NPRM            3/19/2013   78   FR   16819
                                                 RUS ...............        0572–AC21         Project Financing—Renewable Energy Loans ....................                     ANPRM             6/5/2013   78   FR   33755
                                                 RUS ...............        0572–AC32         Rural Determination and Financing Percentage .................                     NPRM             6/5/2013   78   FR   33757
                                                 APHIS ............         0579–AC28         Viruses, Serums, Toxins, and Analogous Products; Detec-                            NPRM            1/31/2007   72   FR   4467
                                                                                                tion of Avian Lymphoid Leukosis Virus.
                                                 APHIS ............         0579–AC65         Tuberculosis: Require Approved Herd Plans Prior to Pay-                               NPRM         7/24/2008   73 FR 43171
                                                                                                ment of Indemnity.
                                                 APHIS ............         0579–AD50         Forfeiture Procedures Under the Endangered Species Act                                NPRM         5/21/2013   78 FR 29659
                                                                                                and the Lacey Act Amendments.
                                                 APHIS ............         0579–AD67         Chrysanthemum White Rust Regulatory Status Restric-                                ANPRM            8/3/2012   77 FR 46339
                                                                                                tions.
                                                 AMS ...............        0581–AC83         Farmers’ Market Promotion Program ..................................                  NPRM         1/19/2011   76 FR 3046
                                                 AMS ...............        0581–AD24         Hardwood Lumber and Hardwood Plywood Research and                                     NPRM        11/13/2013   78 FR 68297
                                                                                                Promotion Program.
                                                 AMS ...............        0581–AD63         Soybean Promotion, Research, and Consumer Informa-                                    NPRM         7/15/2016   81 FR 45984
                                                                                                tion; Beef Promotion and Research; Amendments to
                                                                                                Allow Redirection of State Assessments to the National
                                                                                                Program; Technical Amendments.
                                                 FNS ...............        0584–AC72         National School Lunch Program: Reimbursement for                                      NPRM        10/11/2000   65 FR 60502
                                                                                                snacks in afterschool care programs.
                                                 Forest Service             0596–AC46         Small Business Administration Timber Sale Set-Aside Pro-                              NPRM          8/1/2006   71 FR 43435
                                                                                                gram.
                                                 Forest Service             0596–AC71         Proposed Directive on Groundwater Resource Manage-                                    NPRM          5/6/2014   79 FR 25824
                                                                                                ment, Forest Service Manual 2560.
                                                 Forest Service             0596–AC89         Enhancing Policies Relating to Partnerships ......................                ANPRM            9/14/2010   75 FR 55710
                                                 Forest Service             0596–AD03         Management of Surface Activities Associated with Out-                             ANPRM           12/29/2008   73 FR 79424
                                                                                                standing Mineral Rights on National Forest System
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                                                                                                Lands (Directive).



                                                   The withdrawal of these proposals                             issues addressed in the proposals listed                    and provide new opportunities for
                                                 identified in this document does not                            in the chart. Should we decide to                           comment. Furthermore, this notice is
                                                 preclude the Department from                                    undertake such rulemakings in the                           only intended to address the specific
                                                 reinstituting rulemaking concerning the                         future, we will re-propose the actions                      actions identified in this document, and



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                                                                          Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Proposed Rules                                                     475

                                                 not any other pending proposals that                    hearings, in writing, at the address                   become an endangered species within
                                                 USDA has issued or is considering. The                  shown in FOR FURTHER INFORMATION                       the foreseeable future throughout all or
                                                 Department notes that withdrawal of a                   CONTACT by February 20, 2018.                          a significant portion of its range. The
                                                 proposal does not necessarily mean that                 ADDRESSES: You may submit comments                     Act does not define the term
                                                 the preamble statement of the proposal                  by one of the following methods:                       ‘‘foreseeable future.’’ The Foskett
                                                 no longer reflects the current position of                 (1) Electronically: Go to the Federal               speckled dace is listed as threatened,
                                                 USDA on the matter addressed. You                       eRulemaking Portal: http://                            and we are proposing to delist the
                                                 may wish to review the Department’s                     www.regulations.gov. In the Search box,                species (i.e., remove the species from
                                                 website (http://www.USDA.gov) for any                   enter FWS–R1–ES–2017–0051, which is                    the List) because we have determined it
                                                 current guidance on these matter                        the docket number for this rulemaking.                 is not likely to become an endangered
                                                 matters.                                                Then click on the Search button. On the                species now or within the foreseeable
                                                    Dated: December 26, 2017.                            resulting page, in the Search panel on                 future. Delistings can only be made by
                                                 Rebeckah Adcock,                                        the left side of the screen, under the                 issuing a rulemaking.
                                                 Regulatory Reform Officer and Senior Advisor            Document Type heading, click on the                       The basis for our action. Under the
                                                 to the Secretary.                                       Proposed Rules link to locate this                     Act, we may determine that a species is
                                                 [FR Doc. 2017–28433 Filed 1–3–18; 8:45 am]
                                                                                                         document. You may submit a comment                     an endangered or threatened species
                                                                                                         by clicking on ‘‘Comment Now!’’                        because of any one or a combination of
                                                 BILLING CODE 3410–90–P
                                                                                                            (2) By hard copy: Submit by U.S. mail               five factors: (A) The present or
                                                                                                         or hand-delivery to: Public Comments                   threatened destruction, modification, or
                                                                                                         Processing, Attn: Docket No. FWS–R1–                   curtailment of its habitat or range; (B)
                                                 DEPARTMENT OF THE INTERIOR                              ES–2017–0051, U.S. Fish and Wildlife                   overutilization for commercial,
                                                                                                         Service, MS: BPHC, 5275 Leesburg Pike,                 recreational, scientific, or educational
                                                 Fish and Wildlife Service
                                                                                                         Falls Church, VA 22041–3803.                           purposes; (C) disease or predation; (D)
                                                                                                            We request that you send comments                   the inadequacy of existing regulatory
                                                 50 CFR Part 17                                          only by the methods described above.                   mechanisms; or (E) other natural or
                                                 [Docket No. FWS–R1–ES–2017–0051;                        We will post all comments on http://                   manmade factors affecting its continued
                                                 FXES11130900000–178–FF09E42000]                         www.regulations.gov. This generally                    existence. We have determined that the
                                                                                                         means that we will post any personal                   Foskett speckled dace is no longer at
                                                 RIN 1018–BC09                                           information you provide us (see                        risk of extinction and has exceeded or
                                                 Endangered and Threatened Wildlife                      Information Requested, below, for more                 met the following criteria for delisting
                                                 and Plants; Removing the Foskett                        information).                                          described in the species’ recovery plan:
                                                                                                            Document availability: This proposed                   (1) Long-term protection of habitat,
                                                 Speckled Dace From the List of
                                                                                                         rule and a copy of the draft post-                     including spring source aquifers, spring
                                                 Endangered and Threatened Wildlife
                                                                                                         delisting monitoring (PDM) plan                        pools and outflow channels, and
                                                 AGENCY:   Fish and Wildlife Service,                    referenced throughout this document                    surrounding lands, is assured;
                                                 Interior.                                               can be viewed at http://
                                                                                                                                                                   (2) Long-term habitat management
                                                 ACTION: Proposed rule; availability of                  www.regulations.gov under Docket No.
                                                                                                                                                                guidelines are developed and
                                                 draft post-delisting monitoring plan.                   FWS–R1–ES–2017–0051, or at the
                                                                                                                                                                implemented to ensure the continued
                                                                                                         Oregon Fish and Wildlife Office’s
                                                                                                                                                                persistence of important habitat features
                                                 SUMMARY:   We, the U.S. Fish and                        website at https://www.fws.gov/
                                                                                                                                                                and include monitoring of current
                                                 Wildlife Service (Service or USFWS),                    oregonfwo. In addition, the supporting
                                                                                                                                                                habitat and investigation for and
                                                 propose to remove the Foskett speckled                  file for this proposed rule will be
                                                                                                                                                                evaluation of new spring habitats; and
                                                 dace (Rhinichthys osculus ssp.), a fish                 available for public inspection by
                                                 native to Oregon, from the Federal List                 appointment, during normal business                       (3) Research into life history, genetics,
                                                 of Endangered and Threatened Wildlife                   hours, at the Oregon Fish and Wildlife                 population trends, habitat use and
                                                 on the basis of recovery. This                          Office, 2600 SE 98th Avenue, Suite 100,                preference, and other important
                                                 determination is based on a review of                   Portland, OR 97226; telephone 503–                     parameters is conducted to assist in
                                                 the best available scientific and                       231–6179.                                              further developing and/or refining
                                                 commercial information, which                           FOR FURTHER INFORMATION CONTACT: Paul
                                                                                                                                                                criteria (1) and (2), above.
                                                 indicates that the threats to the Foskett               Henson, State Supervisor, 2600 SE 98th                    As per recovery criterion (2), we
                                                 speckled dace have been eliminated or                   Avenue, Suite 100, Portland, OR 97266;                 consider the Foskett speckled dace to be
                                                 reduced to the point where it no longer                 telephone: 503–231–6179; facsimile                     a conservation-reliant species 1 (see
                                                 meets the definition of an endangered or                (fax): 503–231–6195. If you use a                      Scott et al. 2010, entire), given that it
                                                 threatened species under the                            telecommunications device for the deaf                 requires active management to maintain
                                                 Endangered Species Act of 1973, as                      (TDD), call the Federal Relay Service at               suitable habitat. To address this
                                                 amended (Act). We are seeking                           1–800–877–8339.                                        management need, the Bureau of Land
                                                 information and comments from the                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                                Management (BLM), the Oregon
                                                 public regarding this proposed rule and                                                                        Department of Fish and Wildlife
                                                 the draft post-delisting monitoring plan                Executive Summary                                      (ODFW), and the Service developed and
                                                 for the Foskett speckled dace.                             Why we need to publish a rule. Under                are implementing the Foskett Speckled
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                                                 DATES: We will accept comments                          the Act, a species may be removed from                 Dace (Rhinichthys osculus ssp.)
                                                 received or postmarked on or before                     the Federal List of Endangered and                     Cooperative Management Plan (CMP;
                                                 March 5, 2018. Please note that if you                  Threatened Wildlife (List) due to                      USFWS et al. 2015), and are committed
                                                 are using the Federal eRulemaking                       recovery. A species is an ‘‘endangered
                                                                                                                                                                  1 We define conservation-reliant species in this
                                                 Portal (see ADDRESSES), the deadline for                species’’ for purposes of the Act if it is
                                                                                                                                                                case as those that have generally met recovery
                                                 submitting an electronic comment is                     in danger of extinction throughout all or              criteria but require continued active management to
                                                 11:59 p.m. Eastern time on this date. We                a significant portion of its range and is              sustain the species and associated habitat in a
                                                 must receive requests for public                        a ‘‘threatened species’’ if it is likely to            recovered condition.



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Document Created: 2018-01-04 02:02:08
Document Modified: 2018-01-04 02:02:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of withdrawal.
DatesThe advance notice of proposed rulemakings and proposed rules are withdrawn on January 4, 2018.
ContactMichael Poe, Telephone Number: (202) 720-3323. Email: [email protected]
FR Citation83 FR 474 

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