[Federal Register Volume 60, Number 116 (Friday, June 16, 1995)]
[Proposed Rules]
[Page 31647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14815]
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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.
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Federal Register / Vol. 60, No. 116 / Friday, June 16, 1995 /
Proposed Rules
[[Page 31647]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 335
[Docket No. 93-026-4]
RIN 0579-AA61
Introduction of Nonindigenous Organisms
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule; withdrawal.
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SUMMARY: We are withdrawing a proposed rule to establish regulations
governing the introduction (importation, interstate movement, and
release into the environment) of certain nonindigenous organisms.
Additionally, we are notifying the public of our intent to publish an
advance notice of proposed rulemaking to solicit further public comment
regarding what should be proposed in any new proposed rule. We are
taking this action after considering the comments on the proposed rule.
DATES: Withdrawal of proposed rule effective June 16, 1995.
FOR FURTHER INFORMATION CONTACT: Dr. Matthew H. Royer, Chief Operations
Officer, Biological Assessment and Taxonomic Support, PPQ, APHIS, Suite
4A01, 4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 734-
7654.
SUPPLEMENTARY INFORMATION:
Background
On January 26, 1995, the Animal and Plant Health Inspection Service
(APHIS) published a proposed rule in the Federal Register (60 FR 5288-
5307, Docket No. 93-026-1) to establish regulations governing the
introduction (importation, interstate movement, and release into the
environment) of certain nonindigenous organisms. In that document,
APHIS stated that the proposed rule appeared to be necessary because
the plant pest regulations under which the movement of certain
nonindigenous organisms are currently regulated do not adequately
address the introduction of nonindigenous organisms that may
potentially be plant pests. The proposed regulations were intended to
provide a means of screening certain nonindigenous organisms prior to
their introduction to determine the potential plant pest risk
associated with a particular introduction.
We initially solicited comments on the proposed rule for 60 days
ending on March 27, 1995. We also hosted three public hearings
regarding the proposed rule during that initial comment period, in
Kansas City, MO, on March 6, 1995; in Sacramento, CA, on March 7, 1995;
and in Washington, DC, on March 10, 1995. We received several requests
for an extension of the comment period to allow interested parties
additional time to comment on the proposal, as well as a request that
we hold a public hearing in Hawaii. In response to those requests, we
published a notice in the Federal Register on March 21, 1995 (60 FR
14928-14929, Docket No. 93-026-2), that extended the comment period for
the proposed rule until May 26, 1995, and announced that a public
hearing would be held in Honolulu, HI, on April 6, 1995.
By the close of the extended comment period, we had received a
total of 251 comments. The comments were submitted by farmers; weed
control committees and districts; university researchers; biological
control researchers, producers, distributors, and practitioners; waste
treatment and recycling facilities; composters; members of Congress;
local, State, and Federal agencies; commercial laboratories; organic
farmers and cooperatives; private citizens; a fish hatchery;
collections and museums; industry associations; scientific societies;
and foreign government agencies.
None of the commenters supported the proposed rule as written. Some
commenters requested that the proposed rule be withdrawn and
reconsidered, while others recommended that we incorporate changes in
any final rule to be published. Many commenters disagreed with the
proposed lists of regulated organisms and exempted organisms, or
expressed the belief that the proposed rule would impose unnecessary
restrictions on the introduction of organisms. Finally, many commenters
disagreed with APHIS' analysis of the economic impact of the proposed
rule, stating that they believed that the costs of complying with the
proposed regulations would be greater than APHIS had anticipated.
After considering all the comments, we have concluded that we
should not proceed with a final rule based on the proposal because the
revisions that would be necessary to reconcile the proposed regulations
with the very diverse views expressed in the comments would be so
significant that the final rule would be substantially different from
the proposed rule on which the public had the opportunity to comment.
Therefore, we are withdrawing the January 26, 1995, proposed rule. We
do, however, plan to develop new proposed regulations to address the
inadequacies in our current plant pest regulations and to provide a
means of screening organisms prior to their introduction to determine
the potential plant pest risks associated with such introductions. The
concerns and recommendations of all those who commented on the proposed
rule that we are withdrawing will be considered during the development
of any new proposed regulations. Further, we will publish an advance
notice of proposed rulemaking in a future issue of the Federal Register
to solicit additional input from interested persons and to present
opportunities for additional public participation in discussions of the
scope, rationale, and basis of any new proposed regulations.
Authority: 7 U.S.C. 150aa-150jj, 151-164a, 167, and 1622(n); 31
U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.17, 2.51, and
371.2(c).
Done in Washington, DC, this 9th day of June 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-14815 Filed 6-13-95; 1:45 pm]
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