Animal and Plant Health Inspection Service September 2009 – Federal Register Recent Federal Regulation Documents

We are amending the user fee regulations by adjusting the fees charged for certain agricultural quarantine and inspection (AQI) services that are provided in connection with certain commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international airline passengers arriving at ports in the customs territory of the United States. The recent downturn in the U.S. economy has negatively impacted travel volumes, and, as a result, our user fee collections, which fund these services, have diminished. Although the volume of international travel and trade has decreased, inspection and related support services continue to be provided at their existing levels, so expenses have not decreased. As a result, our user fee collections have not been sufficient to enable us to provide those services and maintain a reasonable reserve balance. We are therefore increasing our AQI user fees in order to provide adequate funds for these purposes.

We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment relative to the control of Japanese beetle (Popillia japonica). The environmental assessment considers the effects of, and alternatives to, the release of a bacterium, Bacillus thuringiensis japonensis, into the continental United States for the use of biological control to reduce the severity of infestations of Japanese beetle on turfgrass. We are making the environmental assessment available to the public for review and comment.

We are advising the public of our determination regarding the highly pathogenic avian influenza (HPAI) subtype H5N1 status of Hungary following outbreaks in 2006 and 2007. Based on our evaluation of the animal health status of two counties (B[aacute]cs-Kiskun and Csongr[aacute]d) in Hungary, which we made available to the public for review and comment through a previous notice, the Administrator has determined that the importation of live birds, poultry carcasses, parts or products of poultry carcasses, and eggs (other than hatching eggs) of poultry, game birds, and other birds from Hungary presents a low risk of introducing HPAI H5N1 into the United States.

We are advising the public of our determination regarding the highly pathogenic avian influenza (HPAI) subtype H5N1 status of Saxony, Germany, following an outbreak in 2008. Based on our assessment of the animal health status of Saxony, Germany, which we made available to the public for review and comment through a previous notice, the Administrator has determined that the importation of live birds, poultry carcasses, parts or products of poultry carcasses, and eggs (other than hatching eggs) of poultry, game birds, and other birds from Saxony, Germany, presents a low risk of introducing HPAI H5N1 into the United States.

We are amending the emerald ash borer regulations by adding areas in Maryland, Michigan, Minnesota, Missouri, Pennsylvania, Virginia, West Virginia, and Wisconsin 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 Maryland, Michigan, Minnesota, Missouri, Pennsylvania, Virginia, West Virginia, and Wisconsin into noninfested areas of the United States.

We are amending the pine shoot beetle regulations by adding the entire State of Ohio and counties in Maine and Indiana to the list of quarantined areas. We are taking this action following the detection of pine shoot beetle in those areas. This action is necessary to prevent the spread of pine shoot beetle, a pest of pine trees, into noninfested areas of the United States.

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 permanent, privately owned horse quarantine facilities.

In a final rule that was published in the Federal Register on April 7, 2009, and effective on May 7, 2009, we amended the fruits and vegetables regulations to allow the importation of sweet oranges and grapefruit from Chile into the continental United States. However, in making this change, we inadvertently amended the regulations to restrict the importation of clementines, mandarins, and tangerines from Chile to the continental United States and Hawaii, when in fact those fruits had been eligible for importation into the entire United States, including the territories. This technical amendment is necessary to correct that error.

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 mangoes from India.

We are advising the public that the Animal and Plant Health Inspection Service has received a petition from Pioneer Hi-Bred International, Inc., seeking a determination of nonregulated status for soybean designated as transformation event 305423, which has been genetically engineered to have higher levels of oleic acid, and lower levels of linoleic and linolenic acids in the soybean oil. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. In accordance with those regulations, we are soliciting comments on whether this genetically engineered soybean is or could be a plant pest. We are also making available for public comment an environmental assessment for the proposed determination of nonregulated status.

The Food, Conservation, and Energy Act of 2008 amended the Lacey Act to provide, among other things, that importers submit a declaration at the time of importation for certain plants and plant products. The declaration requirements of the Lacey Act became effective on December 15, 2008, and enforcement of those requirements is being phased in. The purpose of this notice is to inform the public of the Federal Government's revised plan to phase in enforcement of the declaration requirement and other implementation plans.

We are advising the public of our determination that a papaya line developed by the University of Florida, designated as transformation event X17-2, which has been genetically engineered for resistance to the papaya ringspot virus, 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 the University of Florida in its petition for a determination of nonregulated status, our analysis of other scientific data, our response to comments received from the public on the petition for nonregulated status for papaya line X17-2, and our associated environmental assessment. This notice also announces the availability of our written determination of nonregulated status and finding of no significant impact.