Animal and Plant Health Inspection Service October 2005 – Federal Register Recent Federal Regulation Documents

Emerald Ash Borer; Quarantined Areas
Document Number: 05-21608
Type: Rule
Date: 2005-10-31
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the emerald ash borer regulations by adding areas in Indiana, Michigan, and Ohio to the list of areas quarantined because of emerald ash borer. As a result of this action, the interstate movement of regulated articles from those areas is restricted. This action is necessary to prevent the artificial spread of the emerald ash borer from infested areas in the States of Indiana, Michigan, and Ohio into noninfested areas of the United States.
Notice of Request for Approval of an Information Collection; National Animal Identification System; Cooperative Agreements for Field Trials and Research Projects
Document Number: E5-5962
Type: Notice
Date: 2005-10-27
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request approval of a new information collection activity associated with a national animal identification system.
Importation of Meat That Originates in an FMD Region and Is Cured or Cooked in Another Region
Document Number: 05-21306
Type: Proposed Rule
Date: 2005-10-25
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the animal and animal product import regulations by adding provisions for the importation of cured or cooked shelf-stable meat derived from ruminants or swine that originate in a region where rinderpest or foot-and-mouth disease exists if the meat is cured or cooked in another region. This action would provide for the importation of these commodities while continuing to protect the U.S. ruminant and swine populations against incursions of rinderpest and foot-and-mouth disease.
International Sanitary and Phytosanitary Standard-Setting Activities
Document Number: E5-5853
Type: Notice
Date: 2005-10-24
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
In accordance with legislation implementing the results of the Uruguay Round of negotiations under the General Agreement on Tariffs and Trade, we are informing the public of international standard- setting activities of the World Organization for Animal Health, the Secretariat of the International Plant Protection Convention, and the North American Plant Protection Organization, and we are soliciting public comment on the standards to be considered.
Asian Longhorned Beetle; Addition and Removal of Quarantined Areas in New Jersey
Document Number: 05-21169
Type: Rule
Date: 2005-10-24
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the Asian longhorned beetle regulations by adding a portion of Middlesex and Union Counties, NJ, to the list of quarantined areas and restricting the interstate movement of regulated articles from those areas. This action is necessary to prevent the artificial spread of the Asian longhorned beetle to noninfested areas of the United States. We are also removing the areas within Hudson County, NJ, from the list of quarantined areas and removing restrictions on the interstate movement of regulated articles from those areas. We have determined that the Asian longhorned beetle no longer presents a risk of spread from those areas and that the quarantine and restrictions are no longer necessary.
Certification Program for Imported Articles of Pelargonium
Document Number: 05-21168
Type: Rule
Date: 2005-10-24
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are adopting as a final rule, with changes, an interim rule that amended the regulations by establishing a certification program for articles of Pelargonium spp. and Solanum spp. imported from countries where the bacterium Ralstonia solanacearum race 3 biovar 2 (R3B2) is known to occur. The interim rule prohibited the importation of articles of Pelargonium spp. and Solanum spp. from countries where R. solanacearum R3B2 is known to occur unless the articles are produced in accordance with the certification program. This final rule amends the regulations by modifying some of the requirements of the certification program to make them clearer and more flexible, by providing for the establishment of areas that are free of R. solanacearum R3B2 within countries where the bacterium is known to occur, and by exempting imported seeds of Pelargonium spp. and Solanum spp. from all requirements related to R. solanacearum R3B2. The requirements of the certification program are designed to ensure that R. solanacearum R3B2 will not be introduced into the United States through the importation of articles of Pelargonium spp. and Solanum spp. This certification program is necessary to prevent the introduction of this bacterial strain into the United States.
Tuberculosis in Cattle and Bison; State and Zone Designations; New Mexico
Document Number: 05-21082
Type: Rule
Date: 2005-10-21
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are adopting as a final rule, without change, an interim rule that amended the bovine tuberculosis regulations regarding State and zone classifications by removing New Mexico from the list of modified accredited advanced States, adding portions of two counties in New Mexico to the list of modified accredited advanced zones, and adding the remainder of the State to the list of accredited-free zones. We took this action based on our determination that New Mexico met the requirements of the regulations for zone recognition and that one of the zones met the criteria for designation as accredited-free.
Tuberculosis; Amend the Definition of Affected Herd
Document Number: 05-20974
Type: Rule
Date: 2005-10-20
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations by removing the two different definitions of affected herd and replacing them with a single, updated definition. This action is necessary to provide more clarity in the regulations and because the current definitions are out-of-date and inconsistent.
Agricultural Inspector Uniform Allowance
Document Number: E5-5651
Type: Notice
Date: 2005-10-14
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
The Animal and Plant Health Inspection Service, USDA, is changing the colors of its employees' basic uniform to ensure our inspectors are easy to distinguish from personnel of other Federal agencies who are stationed at ports of entry. To offset the one-time cost to uniformed employees who must replace their existing uniforms, we are increasing, for one year only, our maximum uniform allowance rate for fiscal year 2006. We are publishing this notice in accordance with the civil service regulations regarding uniform allowances, which provide, among other things, that annual uniform allowances greater than $400 require public notice and comment.
Environmental Impact Statement; Petition for Deregulation of Genetically Engineered Glyphosate-Tolerant Creeping Bentgrass; Request for Additional Information
Document Number: E5-5579
Type: Notice
Date: 2005-10-12
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that the Animal and Plant Health Inspection Service is seeking information to develop an environmental impact statement as part of its consideration of a petition received from Monsanto Company and The Scotts Company. The petition requests a determination of nonregulated status for engineered creeping bentgrass (Agrostis stolonifera) that is glyphosate tolerant. We are preparing this environmental impact statement in accordance with 7 CFR 372.5 and 40 CFR 1501.3 and 1501.4. We are seeking specific information about glyphosate use to control grasses. We are primarily interested in the details of those programs that focus on weed management in nonagricultural lands.
Importation of Peppers From Certain Central American Countries
Document Number: 05-20388
Type: Proposed Rule
Date: 2005-10-12
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the regulations governing the importation of fruits and vegetables in order to allow certain types of peppers grown in approved registered production sites in Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua to be imported into the United States without treatment. The conditions to which the proposed importation of peppers would be subject, including trapping, pre- harvest inspection, and shipping procedures, are designed to prevent the introduction of quarantine pests into the United States. This action would allow for the importation of peppers from those countries in Central America while continuing to provide protection against the introduction of quarantine pests into the United States.
Black Stem Rust; Movement Restrictions and Addition of Rust-Resistant Varieties
Document Number: 05-20387
Type: Proposed Rule
Date: 2005-10-12
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the black stem rust quarantine and regulations by changing the movement restrictions in order to allow clonally propagated offspring of rust-resistant Berberis cultivars to move into or through a protected area without completing the currently required 2-year growth period. This change would lessen an unnecessarily strict movement requirement. We also propose to add 13 varieties to the list of rust-resistant Berberis species. This change would allow for the interstate movement of these newly developed varieties without unnecessary restrictions.
University of Kentucky; Availability of an Environmental Assessment and a Finding of No Significant Impact for Field Tests of Genetically Engineered Neotyphodium
Document Number: 05-20195
Type: Notice
Date: 2005-10-07
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment for a field trial of genetically engineered strains of an endophytic fungus of perennial ryegrass, Neotyphodium sp. isolate Lp1. The fungi have been genetically engineered to disrupt the ergovaline synthesis pathway. The environmental assessment provides a basis for our conclusion that these field tests will not present a risk of introducing or disseminating a plant pest and will not have a significant impact on the quality of the human environment. Based on its finding of no significant impact, the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared for these field tests.
Mycogen Seeds/Dow AgroSciences LLC and Pioneer Hi-Bred International Inc.; Availability of Determination of Nonregulated Status for Genetically Engineered Corn
Document Number: 05-20194
Type: Notice
Date: 2005-10-07
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public of our determination that the Mycogen Seeds/Dow AgroSciences LLC and Pioneer Hi-Bred International Inc. corn designated as corn line DAS-59122-7, which has been genetically engineered for resistance to a corn rootworm complex and for tolerance to the herbicide glufosinate, is no longer considered a regulated article under our regulations governing the introduction of certain genetically engineered organisms. Our determination is based on our evaluation of data submitted by Mycogen Seeds/Dow AgroSciences LLC and Pioneer Hi-Bred International Inc. in their petition for a determination of non-regulated status, our analysis of other scientific data, and comments received from the public in response to a previous notice announcing the availability of the petition for nonregulated status and an environmental assessment. This notice also announces the availability of our written determination and our finding of no significant impact.
Tuberculosis in Cattle and Bison; State and Zone Designations; Michigan
Document Number: 05-20098
Type: Rule
Date: 2005-10-06
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the bovine tuberculosis regulations to designate the Upper Peninsula of the State of Michigan as an accredited-free zone. We have determined that Michigan meets the requirements for zone recognition and that the Upper Peninsula meets the criteria for designation as an accredited-free zone. This action relieves restrictions on the interstate movement of cattle and bison from the Upper Peninsula.
Noxious Weed Control and Eradication Act; Revisions to Authority Citations
Document Number: 05-19945
Type: Rule
Date: 2005-10-05
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the authority citations in title 7, chapter III, and title 9, part 94, to reflect the enactment of the Noxious Weed Control and Eradication Act of 2004 (Pub. L. 108-412, 118 Stat. 2320, 7 U.S.C. 7781-7786), which amended the Plant Protection Act.
Protected Plant Permits
Document Number: 05-19944
Type: Rule
Date: 2005-10-05
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the endangered species regulations concerning terrestrial plants by replacing all references to ``general permits'' with references to ``protected plant permits.'' This final rule is necessary for the regulations to reflect the change in the name of the permit. We are also updating a mailing address in the regulations and making other nonsubstantive editorial changes.
Karnal Bunt; Criteria for Releasing Fields From Regulation
Document Number: 05-19943
Type: Proposed Rule
Date: 2005-10-05
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the Karnal bunt regulations regarding the requirements that must be met in order for a field or area to be removed from the list of regulated areas. The proposed changes would allow a field to qualify for release after 5 cumulative years of specified management practices, rather than 5 consecutive years as the current regulations provide, and reorganize the manner in which those management practices are described. These proposed changes would clarify the existing regulations and provide growers in regulated areas with greater flexibility in their planting decisions.
Stall Reservations at Import Quarantine Facilities
Document Number: 05-19689
Type: Rule
Date: 2005-10-03
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are adopting as a final rule, without change, an interim rule that amended the regulations regarding the importation of horses into the United States by requiring persons who cancel reservations for stall space at import quarantine facilities to notify us earlier and by increasing the fee for canceling reservations.
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