Animal and Plant Health Inspection Service 2007 – Federal Register Recent Federal Regulation Documents
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Animal Welfare; Petition for Rulemaking
We are extending the comment period for our notice of petition and request for comments concerning the definition of Class ``B'' licensee in the Animal Welfare Act regulations. This action will allow interested persons additional time to prepare and submit comments.
Citrus Canker; Interstate Movement of Regulated Nursery Stock From Quarantined Areas
We are extending the comment period for our interim rule that amended the citrus canker quarantine regulations to explicitly prohibit, with limited exceptions, the interstate movement of regulated nursery stock from a quarantined area. This action will allow interested persons additional time to prepare and submit comments.
Notice of Request for Extension of Approval of an Information Collection; Bees and Related Articles
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations for the importation of bees and related articles.
National Wildlife Services Advisory Committee; Meeting
We are giving notice of a meeting of the National Wildlife Services Advisory Committee.
Emerald Ash Borer; Availability of an Environmental Assessment
We are advising the public that an environmental assessment has been prepared by the Animal and Plant Health Inspection Service relative to the release of three insect parasitoid species for the biological control of the emerald ash borer Agrilus planipennis. The environmental assessment documents our review and analysis of environmental impacts associated with the release of these biological control agents. We are making this environmental assessment available to the public for review and comment.
Mexican Fruit Fly; Addition of Quarantined Area
We are amending the Mexican fruit fly regulations by adding a portion of Webb County, TX, to the existing quarantined area and restricting the interstate movement of regulated articles from that area; and by amending the definitions for core area and day degrees. These actions are necessary to prevent the artificial spread of the Mexican fruit fly into noninfested areas of the United States and to update the regulations to reflect current science and practices.
Draft Guidelines on Pharmacovigilance of Veterinary Medicinal Products: Controlled Lists of Terms
The International Cooperation on Harmonization of Technical Requirements for the Registration of Veterinary Medicinal Products (VICH) has developed a draft guideline titled ``Pharmacovigilance of Veterinary Medicinal Products: Controlled Lists of Terms.'' This draft guideline provides guidance for the development and maintenance of the controlled lists of terms required to complete the controlled data fields contained in adverse event reports concerning the use of veterinary medicinal products. Because the draft guideline applies to pharmacovigilance and adverse event reporting on veterinary vaccines regulated by the Animal and Plant Health Inspection Service under the Virus-Serum-Toxin Act, we are requesting comments on the scope of the guideline and its provisions so that we may include any relevant public input on the draft in the Agency's comments to the VICH Steering Committee.
Notice of Request for Extension of Approval of an Information Collection; Importation of Animals and Poultry, Animal and Poultry Products, Certain Animal Embryos, Semen, and Zoological Animals
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with the importation of animals and poultry, animal and poultry products, and animal germplasm.
Availability of an Environmental Assessment and Finding of No Significant Impact for a Proposed Field Release of Rice Genetically Engineered To Express Lactoferrin, Lysozyme, or Serum Albumin
We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment for confined field release of rice plants genetically engineered to express the human proteins lactoferrin, lysozyme, or serum albumin. After assessment of the application, review of pertinent scientific information, and consideration of comments provided by the public, we have concluded that these field releases will not present a risk of introducing or disseminating a plant pest. We have completed the environmental assessment and concluded that this field release 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 releases.
Trichinae Certification Program
We are proposing to establish a voluntary Trichinae Certification Program for U.S. pork that has been produced under disease-prevention conditions. Under the proposed program, we would certify pork production sites that follow prescribed good production practices that reduce, eliminate, or avoid the risk of exposure of animals to the zoonotic parasite Trichinella spiralis, a disease of swine. Such a program should enhance the ability of producers to export pork and pork products to overseas markets. This proposed program, which would be funded by program fees, has been developed as a cooperative effort by the U.S. Department of Agriculture, the National Pork Board, and the pork processing industry. If adopted, this program would include those producers who choose to participate in the program, as well as slaughter facilities and other persons that handle or process swine from pork production sites that have been certified under the program.
Cut Flowers From Countries With Chrysanthemum White Rust
We recently published a final rule amending the cut flowers regulations to establish specific requirements for the importation of cut flowers that are hosts of chrysanthemum white rust (CWR) from countries where the disease is known to occur. The final rule had an effective date of May 3, 2007. In order to allow affected exporters of cut flowers and the national plant protection organizations of countries where CWR is known to occur additional time to make necessary preparations to comply with certain new inspection and certification procedures that will be required as a result of the final rule, we are staying a portion of the amended regulations for 30 days from the effective date of our final rule.
Notice of Request for Extension of Approval of an Information Collection; National Animal Health Monitoring System; Small Enterprise Chicken Study 2007
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection activity to support the National Animal Health Monitoring System's national Small Enterprise Chicken Study.
Notice of Request for Extension of Approval of an Information Collection; Importation of Live Poultry, Poultry Meat, and Other Poultry Products From Specified Regions
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations for the importation of live poultry, poultry meat, and other poultry products from specified regions.
Wildlife Services; Availability of a Supplemental Decision/Finding of No Significant Impact for Oral Rabies Vaccine Program
We are advising the public that we have prepared a proposed decision/finding of no significant impact relative to oral rabies vaccination programs in several States. Since the publication of our original environmental assessment and decision/finding of no significant impact in 2001, we have prepared, and made available to the public for comment, several supplemental environmental assessments and decisions/findings of no significant impact in order to reflect changes in the program. The decision/finding of no significant impact made available by this notice clarifies the term ``contingency actions,'' which was used in a supplemental environmental assessment we prepared in 2004, and analyzes a type of contingency action called trap- vaccinate-release that was not analyzed as part of the proposed action in the 2004 supplemental environmental assessment. The new decision/ finding of no significant impact is intended to facilitate planning and interagency coordination in the event of rabies outbreaks and to clearly communicate to the public the actions involved in the oral rabies vaccination program.
ArborGen, LLC; Availability of an Environmental Assessment for Controlled Release of Genetically Engineered Eucalyptus Hybrids
We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment for a proposed controlled field release of genetically engineered clones of Eucalyptus hybrids. The purpose of this release is to continue research on two constructs that confer cold-tolerance from a previously approved notification and test the efficacy of a third, claimed as confidential business information. We are making the environmental assessment available to the public for review and comment.
Notice of Request for Extension of Approval of an Information Collection; Pseudorabies Accelerated Eradication Program; Payment of Indemnity
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations for the payment of indemnity for the domestic pseudorabies accelerated eradication program.
Notice of Request for Extension of Approval of an Information Collection; Commercial Transportation of Equines for Slaughter
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations for the commercial transportation of equines to slaughtering facilities.
Notice of Request for Extension of Approval of an Information Collection; Communicable Diseases in Horses
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations for the interstate movement of horses that have tested positive for equine infectious anemia.
Animal Welfare; Petition for Rulemaking
We are notifying the public of our receipt of a petition for rulemaking, and we are soliciting public comment on that petition. The petition, sponsored by The Hunte Corporation, requests that we replace the definition of Class ``B'' licensee in the Animal Welfare Act regulations with four new categories of licensees: Pet distributor, exhibitor animal distributor, laboratory animal distributor, and other distributor.
Viruses, Serums, Toxins, and Analogous Products; Suspension, Revocation, or Termination of Biological Licenses or Permits; Inspections
We are amending the Virus-Serum-Toxin Act regulations to specify the actions to be taken by veterinary biologics licensees and permittees upon receipt of notice from the Animal and Plant Health Inspection Service (APHIS) to stop the preparation, distribution, sale, barter, exchange, shipment, or importation of any worthless, contaminated, dangerous, harmful, or unsatisfactory veterinary biological product. After receiving notice from APHIS, licensees and permittees must notify each wholesaler, dealer, jobber, consignee, or other recipient known to have any such product in their possession to stop the preparation, distribution, sale, barter, exchange, shipment, or importation of such product. In addition, licensees and permittees must provide a complete accounting of the remaining inventory of affected serials or subserials of such product in the current possession of known wholesalers, dealers, jobbers, consignees, or other known recipients and provide written documentation concerning the required notification(s) as directed by the Administrator of APHIS. These changes are necessary in order to clarify the regulations, provide for the most expeditious means of disseminating stop distribution and sale notices, and to mitigate the risk that any worthless, contaminated, dangerous, harmful, or unsatisfactory veterinary biological product may cause harm to animals, the public health, or to the environment.
Notice of Request for Extension of Approval of an Information Collection; Export Health Certificate for Animal Products
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with the export of animal products from the United States.
Cut Flowers From Countries With Chrysanthemum White Rust
We are amending the cut flowers regulations to establish specific requirements for the importation of cut flowers that are hosts of chrysanthemum white rust (CWR) from countries where the disease is known to occur. We are also amending the nursery stock regulations to update lists of countries where CWR is known to occur. We are making these changes in order to make our cut flowers and nursery stock regulations consistent. This action is necessary because of numerous recent findings of CWR on cut flowers from Europe that pose a risk of introducing CWR in the United States.
Emerald Ash Borer; Additions to Quarantined Areas
We are amending the emerald ash borer regulations by designating the States of Illinois, Indiana, and Ohio, in their entirety, as quarantined areas. This action is necessary to prevent the artificial spread of the emerald ash borer into noninfested areas of the United States. As a result of this action, the interstate movement of regulated articles from those States is restricted.
Notice of Request for Extension of Approval of an Information Collection; Importation of Artificially Dwarfed Plants
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations for the importation of artificially dwarfed plants.
Notice of Request for Extension of Approval of an Information Collection; Imported Seed and Screenings
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations for importation of seed and screenings.
APHIS Policy on Responding to the Low-Level Presence of Regulated Genetically Engineered Plant Materials
This notice describes the Animal and Plant Health Inspection Service's (APHIS) policy for responding to low-levels of regulated genetically engineered plant materials which may occur in commercial seeds or grain. This notice is intended to provide clarification for the public and developers of genetically engineered plants on APHIS' response to such situations. The policy statement does not confer any rights upon or create any rights for any person and does not operate to bind APHIS or the public, nor does it address how other Federal agencies might respond to such situations.
Notice of Request for Extension of Approval of an Information Collection; District of Columbia Plant Health Certificate
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations for the interstate movement of plants and plant products from the District of Columbia.
Availability of an Environmental Assessment for a Field Release of Tobacco Genetically Engineered To Produce Antibodies
We are advising the public that we have prepared an environmental assessment for a proposed field release involving a transgenic tobacco line that has been genetically engineered to produce an antimicrobial antibody that binds to a bacterium (Streptococcus mutans) associated with tooth decay in humans. The purpose of this field release is to generate plant biomass from which the antibody will be extracted after harvest. The environmental assessment is available to the public for review and comment.
Gypsy Moth Generally Infested Areas; Addition of Areas in Virginia
We are adopting as a final rule, without change, an interim rule that amended the regulations by adding the Cities of Roanoke and Salem and the Counties of Craig, Giles, and Roanoke in Virginia to the list of generally infested areas based on the detection of infestations of gypsy moth in those areas. 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 spread of gypsy moth to noninfested areas of the United States.
Syngenta Seeds, Inc.; Availability of Determination of Nonregulated Status for Corn Genetically Engineered for Insect Resistance
We are advising the public of our determination that a corn line developed by Syngenta, designated as transformation event MIR604, which has been genetically engineered for resistance to corn rootworm, 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 Syngenta Seeds, Inc., in their petition for a determination of nonregulated 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.
Return to Regulated Status of Alfalfa Genetically Engineered for Tolerance to the Herbicide Glyphosate
We are advising the public that the United States District Court for the Northern District of California has vacated the Animal and Plant Health Inspection Service's (APHIS') June 2005 determination of nonregulated status with respect to the Monsanto Company and Forage Genetics International alfalfa lines designated as events J101 and J163, which have been genetically engineered for tolerance to the herbicide glyphosate. The effect of this action is that those alfalfa events, known as Roundup Ready alfalfa, are once again considered regulated articles under APHIS' regulations in 7 CFR part 340 and the requirements pertaining to regulated articles under those regulations will once again apply to the subject alfalfa and its progeny. This notice also advises Roundup Ready alfalfa sellers and growers that no Roundup Ready alfalfa seed may be planted after March 30, 2007; that only seed purchased by growers before March 12, 2007, may be planted by March 30, 2007; and that all sales of Roundup Ready alfalfa seed are prohibited pending the Court's issuance of permanent injunctive relief.
Brucellosis in Cattle; State and Area Classifications; Wyoming
We are adopting as a final rule, without change, an interim rule that amended the brucellosis regulations concerning the interstate movement of cattle by changing the classification of Wyoming from Class A to Class Free. We have determined that Wyoming meets the standards for Class Free status. This action relieves certain restrictions on the interstate movement of cattle from Wyoming.
Citrus Canker; Interstate Movement of Regulated Nursery Stock From Quarantined Areas
We are amending the citrus canker quarantine regulations to explicitly prohibit, with limited exceptions, the interstate movement of regulated nursery stock from a quarantined area. The interstate movement of regulated nursery stock from an area quarantined for citrus canker poses a high risk of spreading citrus canker outside the quarantined area. We are including two exceptions to the prohibition. We are allowing calamondin and kumquat plants, two types of citrus plants that are highly resistant to citrus canker, to move interstate from a quarantined area under a protocol designed to ensure that they are free of citrus canker prior to movement. We will also continue to allow the interstate movement of regulated nursery stock for immediate export, under certain conditions. This action is necessary to clarify our regulations and to address the risk associated with the interstate movement of regulated nursery stock from areas quarantined for citrus canker.
Wildlife Services; Publication of NEPA Legal Notices
This notice lists the newspapers that will normally be used by the Wildlife Services program of the Animal and Plant Health Inspection Service to publish legal notices in accordance with the Agency's National Environmental Policy Act (NEPA) implementing procedures, including notices announcing the availability, for public comment, of documents regarding environmental assessments, environmental impact statements, and subsequent final decisions. We are also providing the address of an Internet Web site address where those notices will also be posted. We are publishing this notice to inform interested members of the public which newspapers Wildlife Services will most likely use to publish legal notices in connection with its NEPA-related activities, which we believe will enhance the public's opportunity to read and comment on our NEPA documents and decisions by providing clear, timely, and consistent notice of their availability.
Notice of Request for Extension of Approval of an Information Collection; Interstate Movement of Swine Within a Production System
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations for the interstate movement of swine within a production system.
Notice of Request for Extension of Approval of an Information Collection; U.S. Origin Health Certificate
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection related to the export of animals and animal products from the United States.
Notice of Request for Extension of Approval of an Information Collection; Blood and Tissue Collection at Slaughtering and Rendering Establishments
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations for blood and tissue collection at slaughtering and rendering establishments to enhance animal disease surveillance.
Notice of Request for Extension of Approval of an Information Collection; Low Pathogenic Avian Influenza; Voluntary Control Program and Payment of Indemnity
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations for a voluntary control program for the H5/H7 subtypes of low pathogenic avian influenza in poultry and the payment of indemnity for costs associated with eradication of the disease.
Notice of Request for Extension of Approval of an Information Collection; Interstate Movement of Certain Land Tortoises
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations for the interstate movement of certain land tortoises.
Notice of Request for Approval of an Information Collection; National Animal Identification System; Species Data by State
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to initiate a new information collection activity for collection of species data by State as part of the National Animal Identification System.
Importation of Mangoes From India
We are amending the fruits and vegetables regulations to allow the importation into the continental United States of mangoes from India under certain conditions. As a condition of entry, the mangoes must undergo irradiation treatment and be accompanied by a phytosanitary certificate with additional declarations providing specific information regarding the treatment and inspection of the mangoes and the orchards in which they were grown. In addition, the mangoes will be subject to inspection at the port of first arrival. This action allows for the importation of mangoes from India into the continental United States while continuing to provide protection against the introduction of quarantine pests.
Notice of Request for Approval of an Information Collection; Plant Protection and Quarantine; Customer Satisfaction Surveys
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to initiate a new information collection for Plant Protection and Quarantine Customer Satisfaction Surveys.
Notice of Request for Approval of an Information Collection; National Animal Identification System; Tribal Participants in Premises Registration
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to initiate a new information collection activity for Tribal participants in premises registration for the National Animal Identification System.
Karnal Bunt; Regulated Areas
We are adopting as a final rule, without change, an interim rule that amended the Karnal bunt regulations to remove certain areas or fields in Maricopa and Pinal Counties, AZ, and Archer, Baylor, Knox, McCulloch, San Saba, Throckmorton, and Young Counties, TX, from the list of regulated areas based on our determination that those fields or areas meet our criteria for release from regulation. The interim rule was necessary to relieve restrictions that are no longer necessary.
Public Meetings; National Animal Identification System Animal Identification Number Device Distribution Databases
This is a notice to inform interested stakeholders of upcoming public meetings to discuss the implementation of private/State animal identification number device distribution databases for the animal identification component of the National Animal Identification System, which is a voluntary program. The meetings are being organized by the Animal and Plant Health Inspection Service.
Ventria Bioscience; Availability of an Environmental Assessment for Field Tests of Rice Genetically Engineered To Express Lactoferrin, Lysozyme, or Serum Albumin
We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment for confined field plantings of rice plants genetically engineered to express the human proteins lactoferrin, lysozyme, or serum albumin. This environmental assessment is available for public review and comment.
National Veterinary Accreditation Program
We are proposing four changes related to our proposed rule published in the Federal Register on June 1, 2006, that would amend the regulations regarding the National Veterinary Accreditation Program. The June 2006 proposed rule would establish two accreditation categories in place of the current single category, add requirements for supplemental training and renewal of accreditation, and offer accreditation specializations. In this supplemental proposed rule, we are proposing to adjust the scope of the two accreditation categories; to require initial accreditation training for veterinarians seeking accreditation; to require newly accredited veterinarians to renew their accreditation 3 years after completing initial accreditation training; and to reduce the training required for renewal of accreditation from the amount discussed in the June 2006 proposal.
Phytophthora Ramorum; Quarantine and Regulations
We are amending the Phytophthora ramorum regulations to establish restrictions on the interstate movement of nursery stock from nurseries in nonquarantined areas in California, Oregon, and Washington. We are also amending the regulations to update conditions for the movement of regulated articles of nursery stock from quarantined areas, to add restrictions on the movement of decorative trees without roots from quarantined areas, as well as to restrict the interstate movement of all other nursery stock from nurseries in quarantined areas. We are also updating the list of plants regulated because of P. ramorum and the list of areas that are quarantined for P. ramorum, and making other miscellaneous amendments to the regulations. These actions are necessary to prevent the spread of P. ramorum to noninfested areas of the United States.
Agricultural Inspection and AQI User Fees Along the U.S./Canada Border; Delay of Effective Date
We published an interim rule on August 25, 2006, amending the foreign quarantine and user fee regulations by removing the exemptions from inspection for imported fruits and vegetables grown in Canada and the exemptions from user fees for commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international air passengers entering the United States from Canada. That interim rule had an effective date of November 24, 2006. Subsequently, we published a notice announcing the delay of the effective date of the removal of the user fee exemption for international air passengers until January 1, 2007, and the effective date for the remaining provisions of the rule, including the removal of the exemption from user fees for commercial vessels, commercial trucks, commercial railroad cars, and commercial aircraft entering the United States from Canada, until March 1, 2007. We are now further delaying the effective date of the removal of the exemption from user fees for commercial trucks and railroad cars from Canada until June 1, 2007. We are making this change to allow additional time for us to conclude discussions with the Government of Canada regarding risks, inspections, and costs associated with land-border traffic entering the United States from Canada.
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