Animal and Plant Health Inspection Service March 2006 – Federal Register Recent Federal Regulation Documents

Importation of Christmas Cactus and Easter Cactus in Growing Media From the Netherlands and Denmark
Document Number: 06-3126
Type: Rule
Date: 2006-03-31
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations governing the importation of plants and plant products by adding Christmas cactus (Schlumbergera spp.) and Easter cactus (Rhipsalidopsis spp.) from the Netherlands and Denmark to the list of plants that may be imported in an approved growing medium subject to specified growing, inspection, and certification requirements. We are taking this action in response to requests from the Netherlands and Denmark and after determining that Christmas cactus and Easter cactus established in growing media can be imported without resulting in the introduction into the United States or the dissemination within the United States of a plant pest or noxious weed. This change will allow Christmas cactus and Easter cactus established in growing media to be imported into the United States from the Netherlands and Denmark under certain conditions.
Exotic Newcastle Disease; Quarantine Restrictions
Document Number: 06-2864
Type: Proposed Rule
Date: 2006-03-27
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to make several changes to the exotic Newcastle disease domestic quarantine regulations, including adding an option for the movement of pet birds; adding restrictions on the interstate movement of live ratites out of quarantined areas; harmonizing the domestic and foreign regulations regarding the movement of dressed carcasses of dead birds and dead poultry, including one change to the importation regulations; providing for the use of alternative procedures for treating manure and litter and for composting; and adding an additional surveillance period after the conditions for removing quarantine are met before quarantine is removed. We have concluded that these proposed changes are necessary based on our experiences during the eradication programs for the 2002- 2003 outbreaks of exotic Newcastle disease in California, Arizona, Nevada, and Texas. In the event of an exotic Newcastle disease outbreak, these changes would help to ensure that exotic Newcastle disease does not spread from quarantined areas and that exotic Newcastle disease is eradicated within quarantined areas.
Emerald Ash Borer; Quarantined Areas
Document Number: 06-2865
Type: Rule
Date: 2006-03-24
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are adopting as a final rule, without change, three interim rules regarding emerald ash borer (EAB). The first interim rule established regulations restricting the interstate movement of regulated articles from areas quarantined because of EAB and designated 13 counties in Michigan as quarantined areas. The second and third interim rules amended the regulations by adding areas in Indiana, Michigan, and Ohio to the list of areas quarantined because of EAB. As a result of those actions, the interstate movement of regulated articles from the quarantined areas is restricted. The interim rules were necessary to prevent the artificial spread of EAB from infested areas in the States of Indiana, Michigan, and Ohio into noninfested areas of the United States.
Tuberculosis; Reduction in Timeframe for Movement of Cattle and Bison From Modified Accredited and Accreditation Preparatory States or Zones Without an Individual Tuberculin Test
Document Number: 06-2627
Type: Rule
Date: 2006-03-20
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 tuberculosis regulations to reduce, from 6 months to 60 days, the period following a whole herd test during which animals may be moved interstate from a modified accredited State or zone or from an accreditation preparatory State or zone without an individual tuberculin test. The interim rule was necessary due to our determination that the 6-month period during which individual tuberculin tests have not been required is too long given the risks of exposure to tuberculosis that exist in modified accredited and accreditation preparatory States or zones, especially those States or zones where there are wildlife populations affected with tuberculosis.
Pine Shoot Beetle; Interstate Movement of Pine Bark Products From Quarantined Areas
Document Number: 06-2626
Type: Rule
Date: 2006-03-20
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the pine shoot beetle regulations to allow pine bark products to be moved interstate from quarantined areas during the shoot feeding stage (July 1 through October 31) of the pine shoot beetle's life cycle without treatment. We are making this change because pine shoot beetles are not present in pine bark products during that stage. We are also establishing a management method to allow pine bark products to be moved interstate from quarantined areas during the overwintering stage (November 1 through March 31) and spring flight stage (April 1 through June 30) of the pine shoot beetle's life cycle. This action relieves restrictions on the interstate movement of pine bark products from quarantined areas during 4 months of the year and provides for the use of a management method as an alternative to fumigation with methyl bromide for pine bark products moved interstate from quarantined areas during the rest of the year.
Emerald Ash Borer; Quarantined Areas
Document Number: 06-2549
Type: Rule
Date: 2006-03-16
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 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 the interim rule, the interstate movement of regulated articles from those areas is restricted. The interim rule was 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.
Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities; Technical Amendments
Document Number: 06-2406
Type: Rule
Date: 2006-03-14
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
In a final rule published in the Federal Register on January 4, 2005, we amended the regulations regarding the importation of animals and animal products to establish a category of regions that present a minimal risk of introducing bovine spongiform encephalopathy into the United States via live ruminants and ruminant products and byproducts, and added Canada to this category. We also established conditions for the importation of certain live ruminants and ruminant products and byproducts from such regions. In this document, we are clarifying our intent with regard to certain provisions in the final rule and are correcting several inconsistencies within the rule. These technical amendments will clarify the regulations.
Pine Shoot Beetle; Additions to Quarantined Areas
Document Number: 06-2403
Type: Rule
Date: 2006-03-14
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 pine shoot beetle regulations by adding counties in Illinois, Indiana, New York, Ohio, Pennsylvania, and Wisconsin to the list of quarantined areas. In addition, the interim rule designated the States of New Hampshire and Vermont, in their entirety, as quarantined areas based on their decision to no longer enforce intrastate movement restrictions. The interim rule was necessary to prevent the spread of pine shoot beetle, a pest of pine trees, into noninfested areas of the United States.
Karnal Bunt; Criteria for Releasing Fields From Regulation
Document Number: 06-2402
Type: Rule
Date: 2006-03-14
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending 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 changes will allow a field to qualify for release after 5 cumulative years of specified management practices, rather than 5 consecutive years as the regulations have provided, and reorganize the manner in which those management practices are described. These changes will clarify the existing regulations and provide growers in regulated areas with greater flexibility in their planting decisions.
Animal Welfare; Animal Identification Standards
Document Number: 06-2380
Type: Proposed Rule
Date: 2006-03-10
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
The Conference Committee Report accompanying the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006 (Pub. L. 109-97), directed the Animal and Plant Health Inspection Service (APHIS) to develop appropriate regulations that allow for an open radio frequency identification technology microchip system that would enable a scanner to read all microchips used for the identification of pets. In addition, APHIS has received a petition from the Coalition for Reuniting Pets and Families requesting that we consider establishing a national identification standard for pets and publish a notice soliciting comments on the need for the adoption of ISO 11784 and 11785 as the national radio frequency technology standard for pets. We are currently considering the direction given in the congressional report and the petitioners' request. This notice solicits public comment on potential changes to our regulations that would address the use of microchips for identifying animals covered under the Animal Welfare Act and advises the public that APHIS is hosting a series of informational meetings on that subject and the issues raised in the conference committee report and the petition.
Horse Protection; Public Meeting in Springfield, MO
Document Number: E6-3169
Type: Notice
Date: 2006-03-07
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that the Animal and Plant Health Inspection Service's Animal Care program will host a meeting to present current information on the enforcement of the Horse Protection Act (HPA) and provide a forum for horse industry members and other interested persons to comment on the Horse Protection Program, development of the HPA Operating Plan for 2007 and beyond, and other Horse Protection matters. This notice provides the meeting's agenda, location, and date.
Availability of Environmental Assessment for a Proposed Field Trial of Genetically Engineered Bahiagrass
Document Number: E6-3166
Type: Notice
Date: 2006-03-07
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that an environmental assessment has been prepared for a proposed field trial using two transgenic grass lines. The trial consists of Argentine bahiagrass plants that are genetically engineered to express resistance to the herbicide glufosinate and resistance to the antibiotic kanamycin. Each of 4 sets of 12 genetically engineered bahiagrass plants will be encircled with a ring of several untransformed cultivars of bahiagrass. The purpose of the field trial is to study the likelihood of hybrid formation as a result of pollen movement from the transgenic plants to the nontransgenic plants. Data gained from this field experiment will also be used to evaluate current confinement practices for this species of transgenic grass. The environmental assessment is available to the public for review and comment.
Importation of Peppers From Certain Central American Countries
Document Number: 06-2127
Type: Rule
Date: 2006-03-07
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending 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, under certain conditions, into the United States without treatment. The conditions to which the importation of peppers will 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 will 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.
Karnal Bunt; Addition and Removal of Regulated Areas in Arizona
Document Number: 06-2073
Type: Rule
Date: 2006-03-07
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 Karnal bunt regulations by adding certain areas in Maricopa and Pinal Counties, AZ, to the list of regulated areas and by removing certain areas or fields in Maricopa County, AZ, from the list of regulated areas. Those actions were necessary to prevent the spread of Karnal bunt into noninfected areas of the United States and to relieve restrictions on certain areas that were no longer necessary.
Importation of Fruits and Vegetables
Document Number: E6-3037
Type: Proposed Rule
Date: 2006-03-03
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are reopening the comment period for our proposed rule that would amend the fruits and vegetables regulations to list a number of fruits and vegetables from certain parts of the world as eligible, under specified conditions, for importation into the United States. This action will allow interested persons additional time to prepare and submit comments.
National Animal Identification System (NAIS); Administration of Official Identification Devices With the Animal Identification Number
Document Number: E6-3036
Type: Notice
Date: 2006-03-03
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
This notice makes available a document describing how an animal identification number (AIN) may be used in conjunction with official identification devices in the National Animal Identification System (NAIS). The document includes performance and printing requirements for visual identification tags with AINs and provides an explanation of the process by which these AIN tags will be authorized for use in the NAIS. Performance standards for radio frequency identification tags or devices that may be used on cattle or bison to supplement visual AIN tags are also presented. Finally, the document describes the AIN Management System, a Web-based system for distributing and administering AINs in the NAIS, and discusses the roles and responsibilities of key participants in the system.
Availability of an Environmental Assessment for Field Testing Marek's Disease-Newcastle Disease Vaccine, Serotypes 2 and 3, Live Virus, Live Marek's Disease Vector
Document Number: E6-2945
Type: Notice
Date: 2006-03-02
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 concerning authorization to ship for the purpose of field testing, and then to field test, an unlicensed Marek's Disease-Newcastle Disease Vaccine, Serotypes 2 and 3, Live Virus, Live Marek's Disease Vector. The environmental assessment, which is based on a risk analysis prepared to assess the risks associated with the field testing of this vaccine, examines the potential effects that field testing this veterinary vaccine could have on the quality of the human environment. Based on the risk analysis, we have reached a preliminary determination that field testing this veterinary vaccine will not have a significant impact on the quality of the human environment, and that an environmental impact statement need not be prepared. We intend to authorize shipment of this vaccine for field testing following the close of the comment period for this notice unless new substantial issues bearing on the effects of this action are brought to our attention. We also intend to issue a U.S. Veterinary Biological Product license for this vaccine, provided the field test data support the conclusions of the environmental assessment and the issuance of a finding of no significant impact and the product meets all other requirements for licensing.
Phytosanitary Treatments; Location of Treatment Schedules and Other Requirements; Correction
Document Number: 06-1941
Type: Rule
Date: 2006-03-02
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are correcting an error in the amendatory instructions in our final rule that removed the Plant Protection and Quarantine Treatment Manual from the list of materials incorporated by reference and added treatment schedules and related requirements from that document to our phytosanitary treatments regulations. The final rule was effective and published in the Federal Register on June 7, 2005 (70 FR 33264-33326, Docket No. 02-019-1).
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