2010-27425. Lacey Act Implementation Plan; Definitions for Exempt and Regulated Articles

AGENCY:

Animal and Plant Health Inspection Service, USDA.

ACTION:

Proposed rule; reopening of comment period.

SUMMARY:

We are reopening the comment period for our proposed rule that would establish definitions for the terms “common cultivar” and “common food crop.” This action will allow interested persons additional time to prepare and submit comments.

DATES:

We will consider all comments that we receive on or before November 29, 2010.

ADDRESSES:

You may submit comments by either of the following methods:

• Federal eRulemaking Portal: Go to http://www.regulations.gov/​fdmspublic/​component/​main?​main=​DocketDetail&​d=​APHIS-2009-0018 to submit or view comments and to view supporting and related materials available electronically.
• Postal Mail/Commercial Delivery: Please send one copy of your comment to Docket No. APHIS-2009-0018, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2009-0018.

Reading Room: You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call [phone] before coming.

Other Information: Additional information about APHIS and its programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT:

Mr. George Balady, Senior Staff Officer, Quarantine Policy Analysis and Support, PPQ, APHIS, 4700 River Road Unit 60, Riverdale, MD 20737-1231; [phone].

SUPPLEMENTARY INFORMATION:

On August 4, 2010, we published in the Federal Register (75 FR 46859-46861, Docket No. APHIS-2009-0018) a proposal to establish definitions for the terms “common cultivar” and “common food crop.” We proposed to establish these definitions in response to recent amendments to the Lacey Act, which expanded the protections of the Act to a broader range of plant species, extended its reach to encompass products, and require 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 exemptions 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.

Comments on the proposed rule were required to be received on or before October 4, 2010. We are reopening the comment period on Docket No. APHIS-2009-0018 for an additional 30 days. This action will allow interested persons additional time to prepare and submit comments. We will also consider all comments received between October 5, 2010 (the day after the close of the original comment period), and the date of this notice.

Authority: 16 U.S.C. 3371 et seq.; 7 CFR 2.22, 2.80, and 371.2(d).

Done in Washington, DC, this 25th day of October 2010.

Kevin Shea,

Acting Administrator, Animal and Plant Health Inspection Service.