Notice of Availability of an Evaluation of the Highly Pathogenic Avian Influenza Subtype H5N1 Status of Saxony, Germany, 28008-28009 [E9-13840]
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Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices
restoration structures, and construct,
bury new and/or existing pipeline. It
provides for a range of alternate actions
that may be selected from to achieve
desired conditions in an acceptable
timeframe. This approach is known as
‘‘Adaptive Management.’’ Some grazing
practices would be changed to resolve
grazing related resource issues.
Successful Adaptive Management
requires timely monitoring of resource
conditions and trends. The Proposed
Action also includes a monitoring plan
for each allotment designed to focus on
specific areas with livestock related
resource problems. If monitoring results
indicate that resource problems persist,
adaptive management options are
identified that would be implemented
in cooperation with each permittee to
effect improvement in resource
conditions.
Possible Alternatives
The Current Management Alternative
would not change existing permitted
livestock grazing. The No Grazing
Alternative would eliminate any
livestock grazing on the project area.
Responsible Official
Robert J. Thompson, District Ranger,
Mystic Ranger District, Black Hills
National Forest, 8221 South Highway
16, Rapid City, SD 57702.
Nature of Decision To Be Made
The decision to be made is whether to
continue to permit livestock grazing on
all, part, or none of these allotments
and, if so, under what terms and
conditions to ensure that desired
condition objectives are met, or that
movement occurs toward those
objectives.
Preliminary Issues
Anticipated issues include: Support
and opposition to livestock grazing;
impacts of livestock grazing on wildlife
habitat, riparian areas, and streambank
stability.
Scoping Process
This notice of intent initiates the
scoping process, which guides the
development of the environmental
impact statement. Comments and input
regarding the proposal will be received
via direct mailing from the public, other
groups, and agencies during the initial
public comment period in June of 2009.
Comments submitted based on this NOI
will be most useful if received within 30
days from the date of this notice.
Response to the Draft EIS will be sought
from the interested public beginning in
August 2009.
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17:53 Jun 11, 2009
Jkt 217001
It is important that reviewers provide
their comments at such times and in
such manner that they are useful to the
agency’s preparation of the
environmental impact statement.
Therefore, comments should be
provided prior to the close of the
comment period and should clearly
articulate the reviewer’s concerns and
contentions. The submission of timely
and specific comments can affect a
reviewer’s ability to participate in
subsequent administrative appeal or
judicial review.
Dated: June 4, 2009.
Craig Bobzien,
Forest Supervisor, Black Hills National Forest.
[FR Doc. E9–13690 Filed 6–11–09; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2008–0121]
Notice of Availability of an Evaluation
of the Highly Pathogenic Avian
Influenza Subtype H5N1 Status of
Saxony, Germany
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice of availability and
request for comments.
SUMMARY: We are advising the public
that the Animal and Plant Health
Inspection Service has prepared an
evaluation of the animal health status of
Saxony, Germany, relative to the H5N1
subtype of highly pathogenic avian
influenza (HPAI). The evaluation
presents our assessment of the HPAI
H5N1 detection, control, and
eradication measures in place in
Saxony, Germany, during an outbreak of
HPAI in 2008, as well as our assessment
of the present status of Saxony,
Germany, with respect to HPAI subtype
H5N1. We are making this evaluation
available to the public for review and
comment. If, after the close of the
comment period, APHIS can identify no
additional risk factors that would
indicate that domestic poultry in
Saxony, Germany, continue to be
affected with HPAI H5N1, we would
conclude that the importation of live
birds, poultry carcasses, parts of
carcasses, and eggs (other than hatching
eggs) of poultry, game birds, or other
birds from the affected region of Saxony,
Germany, presents a low risk of
introducing HPAI H5N1 into the United
States.
PO 00000
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Fmt 4703
Sfmt 4703
DATES: We will consider all comments
that we receive on or before July 13,
2009.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/fdmspublic/
component/
main?main=DocketDetail&d=APHIS2008-0121 to submit or view comments
and to view supporting and related
materials available electronically.
• Postal Mail/Commercial Delivery:
Please send two copies of your comment
to Docket No. APHIS–2008–0121,
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–
2008–0121.
Reading Room: You may read any
comments that we receive on the
evaluation 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 (202) 690–2817 before
coming.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Julia Punderson, Regionalization
Evaluation Services Staff, National
Center for Import and Export, VS,
APHIS, 4700 River Road, Unit 38,
Riverdale, MD 20737–1231; (301) 734–
4356.
SUPPLEMENTARY INFORMATION:
Background
Under the Animal Health Protection
Act (7 U.S.C. 8301 et seq.), the Animal
and Plant Health Inspection Service
(APHIS) has the authority to prohibit or
restrict the importation into the United
States of animals, animal products, and
other articles in order to prevent the
introduction of diseases and pests into
the U.S. livestock and poultry
populations.
Highly pathogenic avian influenza
(HPAI) is a zoonotic disease of poultry.
The H5N1 subtype of HPAI is an
extremely infectious and fatal form of
the disease. HPAI can strike poultry
quickly without any warning signs of
infection and, once established, can
spread rapidly from flock to flock. HPAI
viruses can also be spread by manure,
equipment, vehicles, egg flats, crates,
and people whose clothing or shoes
E:\FR\FM\12JNN1.SGM
12JNN1
Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices
have come in contact with the virus.
HPAI viruses can remain viable at
moderate temperatures for long periods
in the environment and can survive
indefinitely in frozen material. The
H5N1 subtype of HPAI has been of
particular concern because it has
crossed the species barrier and caused
disease in humans.
On October 9, 2008, the German
Federal Ministry of Consumer
Protection, Food and Agriculture
(BMVEL) reported an outbreak of HPAI
H5N1 in a single mixed-species flock in
Marfersdorf, located in the district of
¨
Gorlitz in the Federal State of Saxony
following the identification of HPAI
H5N1 in a wild bird on a nearby lake.
The restrictions put in place by the
European Commission on October 9,
2008, in response to that limited
outbreak were lifted on November 13,
2008, following extensive surveillance
and epidemiologic investigations. In a
document titled, ‘‘APHIS’ Evaluation of
the Status of High Pathogenicity Avian
Influenza H5N1 (HPAI H5N1) in
Saxony, Germany’’ (February 2009), we
present the results of our evaluation of
the status of HPAI H5N1 in domestic
poultry in Saxony, Germany, in light of
the actions taken by German authorities
since the 2008 outbreak, and document
our analysis of the risk associated with
allowing the importation of birds,
poultry, and poultry products from the
region of Saxony, Germany, into the
United States in the aftermath of the
2008 outbreak.
Based on the evaluation, we have
determined that the BMVEL was able to
effectively control and eradicate HPAI
H5N1 in their domestic poultry
populations and that the German
authorities have adequate control
measures in place to rapidly identify,
control, and eradicate the disease
should it be reintroduced into the
country in either wild birds or domestic
poultry.
We are making the evaluation
available for public review and
comment. We will consider all
comments that we receive on or before
the date listed under the heading DATES
at the beginning of this notice. The
evaluation may be viewed on the
Regulations.gov Web site or in our
reading room (see ADDRESSES above for
a link to Regulations.gov and
information on the location and hours of
the reading room). You may request
paper copies of the evaluation by calling
or writing to the person listed under FOR
FURTHER INFORMATION CONTACT. Please
refer to the title of the evaluation when
requesting copies.
If, after the close of the comment
period, APHIS can identify no
VerDate Nov<24>2008
17:53 Jun 11, 2009
Jkt 217001
additional risk factors that would
indicate that domestic poultry in
Saxony, Germany, continues to be
affected with HPAI H5N1, we would
conclude that the importation of live
birds, poultry carcasses, parts of
carcasses, and eggs (other than hatching
eggs) of poultry, game birds, or other
birds from Saxony, Germany, presents a
low risk of introducing HPAI H5N1 into
the United States.
Authority: 7 U.S.C. 450, 7701–7772, 7781–
7786, and 8301–8317; 21 U.S.C. 136 and
136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
371.4.
Done in Washington, DC, this 8th day of
June 2009.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E9–13840 Filed 6–11–09; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Notice of Funding Availability (NOFA)
for Repowering Assistance Payments
to Eligible Biorefineries
AGENCY: Rural Development-Energy
Division, Program Branch, USDA.
ACTION: Notice.
SUMMARY: This Notice announces the
intention of the USDA (‘‘the Agency’’) to
make payments to eligible biorefineries
to encourage the use of renewable
biomass as a replacement fuel source for
fossil fuels used to provide process heat
or power in the operation of these
eligible biorefineries. This program is
authorized under Title IX, Section 9001,
of the Food, Conservation, and Energy
Act of 2008 (Pub. L. 110–246).
DATES: Applications for participating in
this program must be received between
July 1, 2009 and November 1, 2009.
The comment period for information
collection under the Paperwork
Reduction Act of 1995 continues
through August 11, 2009. Comments on
the paperwork burden must be received
by this date to be assured of
consideration.
Application materials may
be obtained by contacting USDA, Rural
Development-Energy Division, Program
Branch, Attention: Repowering
Assistance Program, 1400 Independence
Avenue, SW., Stop 3225, Washington,
DC 20250–3225.
FOR FURTHER INFORMATION CONTACT: For
further information on this payment
program, please contact USDA, Rural
Development-Energy Division, Program
ADDRESSES:
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
28009
Branch, Attention: Repowering
Assistance Program, 1400 Independence
Avenue, SW., Stop 3225, Washington,
DC 20250–3225. Telephone: 202–720–
1400.
SUPPLEMENTARY INFORMATION:
On May 5, 2009, the President issued
a Presidential Directive to Secretary of
Agriculture Thomas R. Vilsack to
aggressively accelerate the investment
in and production of biofuels (published
in the Federal Register on May 7, 2009
(74 FR 21531–21532)). Secretary Vilsack
also announced that he will help lead
an unprecedented interagency effort to
increase America’s energy
independence and spur rural economic
development.
The Presidential directive requests
that Secretary Vilsack take steps to the
extent permitted by law to expedite and
increase production of and investment
in biofuel development efforts by,
among other things, making renewable
energy financing opportunities from the
2008 Farm Bill available within 30 days,
which includes guidance and support to
encourage biorefinereies to replace the
use of fossil fuels in plant operations by
installing new biomass energy systems
or producing new energy from
renewable biomass.
Administrative Procedure Act
Statement
This NOFA is being issued without
advance rulemaking or public comment.
The Administrative Procedure Act
(‘‘APA’’, 5 U.S.C. 553), has several
exemptions to rulemaking requirements.
Among them is an exemption for
matters relating to federal benefits, but
under the provisions of the ‘‘Statement
of Policy of the Secretary of Agriculture
effective July 24, 1971,’’ issued by
Secretary Hardin in 1971 (36 FR 13804
(the ‘‘Hardin Memorandum’’), the
Department will normally engage in
rulemaking related to federal benefits
despite that exemption. However, the
Hardin Memorandum does not waive
certain other APA-contained
exemptions, in particular the ‘‘good
cause’’ exemption found at 5 U.S.C.
553(b)(3)(B), which allows effective
government action without rulemaking
procedures where withholding the
action would be ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ The Hardin memorandum
specifically provides for the use of the
‘‘good cause’’ exemption, albeit
sparingly, when a substantial basis for
so doing exists, and where, as will be
described more fully below, that
substantial basis is explained.
USDA has determined, consistent
with the APA and the Hardin
E:\FR\FM\12JNN1.SGM
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Agencies
[Federal Register Volume 74, Number 112 (Friday, June 12, 2009)]
[Notices]
[Pages 28008-28009]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13840]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2008-0121]
Notice of Availability of an Evaluation of the Highly Pathogenic
Avian Influenza Subtype H5N1 Status of Saxony, Germany
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice of availability and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are advising the public that the Animal and Plant Health
Inspection Service has prepared an evaluation of the animal health
status of Saxony, Germany, relative to the H5N1 subtype of highly
pathogenic avian influenza (HPAI). The evaluation presents our
assessment of the HPAI H5N1 detection, control, and eradication
measures in place in Saxony, Germany, during an outbreak of HPAI in
2008, as well as our assessment of the present status of Saxony,
Germany, with respect to HPAI subtype H5N1. We are making this
evaluation available to the public for review and comment. If, after
the close of the comment period, APHIS can identify no additional risk
factors that would indicate that domestic poultry in Saxony, Germany,
continue to be affected with HPAI H5N1, we would conclude that the
importation of live birds, poultry carcasses, parts of carcasses, and
eggs (other than hatching eggs) of poultry, game birds, or other birds
from the affected region of Saxony, Germany, presents a low risk of
introducing HPAI H5N1 into the United States.
DATES: We will consider all comments that we receive on or before July
13, 2009.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0121 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2008-0121, 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-2008-0121.
Reading Room: You may read any comments that we receive on the
evaluation 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 (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Julia Punderson, Regionalization
Evaluation Services Staff, National Center for Import and Export, VS,
APHIS, 4700 River Road, Unit 38, Riverdale, MD 20737-1231; (301) 734-
4356.
SUPPLEMENTARY INFORMATION:
Background
Under the Animal Health Protection Act (7 U.S.C. 8301 et seq.), the
Animal and Plant Health Inspection Service (APHIS) has the authority to
prohibit or restrict the importation into the United States of animals,
animal products, and other articles in order to prevent the
introduction of diseases and pests into the U.S. livestock and poultry
populations.
Highly pathogenic avian influenza (HPAI) is a zoonotic disease of
poultry. The H5N1 subtype of HPAI is an extremely infectious and fatal
form of the disease. HPAI can strike poultry quickly without any
warning signs of infection and, once established, can spread rapidly
from flock to flock. HPAI viruses can also be spread by manure,
equipment, vehicles, egg flats, crates, and people whose clothing or
shoes
[[Page 28009]]
have come in contact with the virus. HPAI viruses can remain viable at
moderate temperatures for long periods in the environment and can
survive indefinitely in frozen material. The H5N1 subtype of HPAI has
been of particular concern because it has crossed the species barrier
and caused disease in humans.
On October 9, 2008, the German Federal Ministry of Consumer
Protection, Food and Agriculture (BMVEL) reported an outbreak of HPAI
H5N1 in a single mixed-species flock in Marfersdorf, located in the
district of G[ouml]rlitz in the Federal State of Saxony following the
identification of HPAI H5N1 in a wild bird on a nearby lake.
The restrictions put in place by the European Commission on October
9, 2008, in response to that limited outbreak were lifted on November
13, 2008, following extensive surveillance and epidemiologic
investigations. In a document titled, ``APHIS' Evaluation of the Status
of High Pathogenicity Avian Influenza H5N1 (HPAI H5N1) in Saxony,
Germany'' (February 2009), we present the results of our evaluation of
the status of HPAI H5N1 in domestic poultry in Saxony, Germany, in
light of the actions taken by German authorities since the 2008
outbreak, and document our analysis of the risk associated with
allowing the importation of birds, poultry, and poultry products from
the region of Saxony, Germany, into the United States in the aftermath
of the 2008 outbreak.
Based on the evaluation, we have determined that the BMVEL was able
to effectively control and eradicate HPAI H5N1 in their domestic
poultry populations and that the German authorities have adequate
control measures in place to rapidly identify, control, and eradicate
the disease should it be reintroduced into the country in either wild
birds or domestic poultry.
We are making the evaluation available for public review and
comment. We will consider all comments that we receive on or before the
date listed under the heading DATES at the beginning of this notice.
The evaluation may be viewed on the Regulations.gov Web site or in our
reading room (see ADDRESSES above for a link to Regulations.gov and
information on the location and hours of the reading room). You may
request paper copies of the evaluation by calling or writing to the
person listed under FOR FURTHER INFORMATION CONTACT. Please refer to
the title of the evaluation when requesting copies.
If, after the close of the comment period, APHIS can identify no
additional risk factors that would indicate that domestic poultry in
Saxony, Germany, continues to be affected with HPAI H5N1, we would
conclude that the importation of live birds, poultry carcasses, parts
of carcasses, and eggs (other than hatching eggs) of poultry, game
birds, or other birds from Saxony, Germany, presents a low risk of
introducing HPAI H5N1 into the United States.
Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317;
21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
Done in Washington, DC, this 8th day of June 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-13840 Filed 6-11-09; 8:45 am]
BILLING CODE 3410-34-P