Animal and Plant Health Inspection Service 2013 – Federal Register Recent Federal Regulation Documents
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Environmental Impact Statement; Asian Longhorned Beetle Eradication Program
We are advising the public that the Animal and Plant Health Inspection Service plans to prepare an environmental impact statement to analyze the effects of a program to eradicate the Asian longhorned beetle from wherever it might occur in the United States. This notice identifies potential issues and alternatives that will be studied in the environmental impact statement and requests public comments to further delineate the scope of the alternatives and environmental impacts and issues.
Oral Rabies Vaccine Trial; Availability of a Supplement to an Environmental Assessment and Finding of No Significant Impact
We are advising the public that the Animal and Plant Health Inspection Service has prepared a supplement to an environmental assessment and finding of no significant impact relative to an oral rabies vaccination field trial in New Hampshire, New York, Ohio, Vermont, and West Virginia. 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.
Wildlife Services Policy on Wildlife Damage Management in Urban Areas
We are advising the public that the Animal and Plant Health Inspection Service's Wildlife Services (APHIS-WS) program is making a policy decision on how to define ``urban rodent control,'' as referred to in the Act of December 22, 1987. This action is necessary to make it clearer when APHIS-WS may or may not conduct activities and enter into agreements in order to control nuisance rodent species or those rodent species that are reservoirs for zoonotic diseases.
Notice of Decision To Authorize the Importation of Fresh Pitayas and Pomegranates From Mexico Into the Continental United States
We are advising the public of our decision to authorize the importation into the continental United States of fresh pitayas and pomegranates from Mexico. Based on the findings of pest risk analyses, which we made available to the public for review and comment through a previous notice, we believe that the application of one or more designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh pitayas and pomegranates from Mexico.
Importation of Papayas From Peru
We are proposing to allow, under certain conditions, the importation of commercial consignments of fresh papayas from Peru into the continental United States. The conditions for the importation of papayas from Peru would include requirements for approved production locations; field sanitation; hot water treatment; procedures for packing and shipping the papayas; and fruit fly trapping in papaya production areas. This action would allow for the importation of papayas from Peru while continuing to provide protection against the introduction of quarantine pests into the continental United States.
Notice of Request for Extension of Approval of an Information Collection; Plum Pox Compensation
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 regulations that provide for the payment of compensation to owners of commercial stone fruit orchards and fruit tree nurseries whose trees or nursery stock were destroyed to eradicate plum pox virus.
Notice of Request for Revision to and Extension of Approval of an Information Collection; Highly Pathogenic Avian Influenza, All Subtypes, and Newcastle Disease; Additional Restrictions
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a revision to and extension of approval of an information collection associated with the regulations to prevent the introduction of highly pathogenic avian influenza, all subtypes, and Newcastle disease into the United States through the importation of birds, poultry, and unprocessed bird and poultry products.
Monsanto Co.; Availability of Plant Pest Risk Assessment and Environmental Assessment for Determination of Nonregulated Status of Soybean Genetically Engineered for Increased Yield
We are advising the public that the Animal and Plant Health Inspection Service is making available for public comment our plant pest risk assessment and our draft environmental assessment regarding a request from the Monsanto Company seeking a determination of nonregulated status of soybean designated as MON 87712, which has been genetically engineered for increased yield. We are soliciting comments on whether this genetically engineered soybean is likely to pose a plant pest risk.
Petition to Amend Animal Welfare Act Regulations To Prohibit Public Contact With Big Cats, Bears, and Nonhuman Primates
We are notifying the public that the Animal and Plant Health Inspection Service has received a petition requesting amendments to the Animal Welfare Act regulations and standards, including to prohibit licensees from allowing individuals, with certain exceptions, from coming into direct or physical contact with big cats, bears, or nonhuman primates of any age, to define the term ``sufficient distance,'' and to prohibit the public handling of young or immature big cats, bears, and nonhuman primates and the separation of such animals from their dams before the species-typical age of weaning absent medical necessity. We are making this petition available to the public and soliciting comments regarding the petition and any additional issues we should take into account as we consider this petition.
Handling of Animals; Contingency Plans; Stay of Regulations
On December 31, 2012, we published a final rule establishing regulations under which research facilities and dealers, exhibitors, intermediate handlers, and carriers must meet certain requirements for contingency planning and training of personnel. In this document, we are issuing a stay of those regulations in order that we may undertake a review of their requirements.
GENECTIVE SA; Availability of Plant Pest Risk Assessment, Environmental Assessment, Preliminary Finding of No Significant Impact, and Preliminary Determination of Nonregulated Status of Maize Genetically Engineered for Herbicide Resistance
We are advising the public that the Animal and Plant Health Inspection Service has prepared a preliminary determination regarding a request from GENECTIVE SA, seeking a determination of nonregulated status of maize designated as VCO-01981-5, which has been genetically engineered for resistance to the herbicide glyphosate. We are also making available for public review our plant pest risk assessment, environmental assessment, and preliminary finding of no significant impact for the preliminary determination of nonregulated status.
Monsanto Co.; Availability of Plant Pest Risk Assessment, Environmental Assessment, Preliminary Finding of No Significant Impact, and Preliminary Determination of Nonregulated Status of Maize Genetically Engineered With Tissue-Selective Glyphosate Resistance Facilitating the Production of Hybrid Maize Seed
We are advising the public that the Animal and Plant Health Inspection Service has prepared a preliminary determination regarding a request from the Monsanto Company seeking a determination of nonregulated status of maize designated as MON 87427, which has been genetically engineered with tissue-selective resistance to glyphosate in order to facilitate the production of hybrid maize seed. We are also making available for public review our plant pest risk assessment, environmental assessment, and preliminary finding of no significant impact for the preliminary determination of nonregulated status.
Monsanto Co.; Availability of Plant Pest Risk Assessment, Environmental Assessment, Preliminary Finding of No Significant Impact, and Preliminary Determination of Nonregulated Status of Canola Genetically Engineered for Herbicide Resistance
We are advising the public that the Animal and Plant Health Inspection Service has prepared a preliminary determination regarding a request from the Monsanto Company seeking a determination of nonregulated status of canola designated as MON 88302, which has been genetically engineered for resistance to the herbicide glyphosate with more flexibility in the timing of herbicide application. We are also making available for public review our plant pest risk assessment, environmental assessment, and preliminary finding of no significant impact for the preliminary determination of nonregulated status.
Notice of Request for Extension of Approval of an Information Collection; Veterinary Services Customer Service Survey
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 to evaluate service delivery by Veterinary Services to the public.
Environmental Impact Statement; Proposed Cattle Fever Tick Control Barrier in South Texas
We are advising the public that the Animal and Plant Health Inspection Service has prepared a draft environmental impact statement (DEIS) to analyze the effects that may result from installing game fencing as a barrier to keep animals that carry cattle fever ticks and southern cattle ticks out of areas which are free of them and which are beyond the permanent tick quarantine zone in South Texas. We are seeking public comment on the DEIS and our evaluation of the alternatives we have identified as they relate to potential effects on the human environment.
Restructuring of Regulations on the Importation of Plants for Planting
We are reopening the comment period for our proposed rule that would restructure the regulations governing the importation of plants for planting. This action will allow interested persons additional time to prepare and submit comments. We are also giving notice of a conference call and Web presentation in which we will provide participants with an overview of the proposed rule.
Plants for Planting Whose Importation Is Not Authorized Pending Pest Risk Analysis; Notice of Availability of Data Sheets for Taxa of Plants for Planting That Are Quarantine Pests or Hosts of Quarantine Pests
We are reopening the comment period for a notice that made available to the public data sheets detailing the scientific evidence we evaluated in making the determination that certain taxa of plants for planting are quarantine pests or hosts of quarantine pests and, therefore, should be added to our lists of plants for planting whose importation is not authorized pending pest risk analysis. This action will allow interested persons additional time to prepare and submit comments.
Importation of Fresh Citrus Fruit From Uruguay, Including Citrus
We are amending the fruits and vegetables regulations to allow the importation of several varieties of fresh citrus fruit, as well as Citrus hybrids and the Citrus-related genus Fortunella, from Uruguay into the continental United States. As a condition of entry, the fruit will have to be produced in accordance with a systems approach that includes requirements for importation in commercial consignments, pest monitoring and pest control practices, grove sanitation and packinghouse procedures designed to exclude the quarantine pests, and treatment. The fruit also will have to be accompanied by a phytosanitary certificate issued by the national plant protection organization of Uruguay with an additional declaration confirming that the fruit is free from all pests of quarantine concern and has been produced in accordance with the systems approach. These actions will allow for the importation of fresh citrus fruit, including Citrus hybrids and the Citrus-related genus Fortunella, from Uruguay while continuing to protect the United States against the introduction of plant pests.
Notice of Request for Extension of Approval of an Information Collection; Interstate Movement of Fruit From Hawaii
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 regulations for the interstate movement of fruit from Hawaii.
Lacey Act Implementation Plan; Definitions for Exempt and Regulated Articles
In response to recent amendments to the Lacey Act, we are establishing definitions for the terms ``common cultivar'' and ``common food crop'' and several related terms. The amendments to the Act expanded its protections to a broader range of plant species, extended its reach to encompass products, including timber, that derive from illegally harvested plants, and require that importers submit a declaration at the time of importation for certain plants and plant products. Common cultivars and common food crops are among the categorical exclusions to the provisions of the Act. The Act does not define the terms ``common cultivar'' and ``common food crop'' but instead gives authority to the U.S. Department of Agriculture and the U.S. Department of the Interior to define these terms by regulation. Our definitions specify which plants and plant products will be excluded from the provisions of the Act, including the declaration requirement.
Notice of Availability of a Pest Risk Analysis for the Importation of Swiss Chard From Colombia Into the Continental United States
We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with the importation of Swiss chard from Colombia into the continental United States. Based on that analysis, we have concluded that the application of one or more designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of Swiss chard from Colombia. We are making the pest risk analysis available to the public for review and comment.
Notice of Request for Extension of Approval of an Information Collection; Cooperative Agricultural Pest Survey
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 Cooperative Agricultural Pest Survey.
Notice of Request for Extension of Approval of an Information Collection; Importation of Shepherd's Purse From the Republic of Korea Into 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 in support of the regulations for the importation of shepherd's purse from the Republic of Korea into the United States.
Notice of Request for Extension of Approval of an Information Collection; Untreated Oranges, Tangerines, and Grapefruit From Mexico Transiting the United States to Foreign Countries
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 regulations for the transit of untreated oranges, tangerines, and grapefruit from Mexico through the United States to foreign countries.
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.
Consolidation of Permit Procedures; Denial and Revocation of Permits
We are proposing to consolidate the regulations concerning the issuance of permits for the importation and interstate movement of a wide variety of regulated plants, plant products, and other articles. We would also make corresponding changes to the regulations concerning permits for the importation and interstate movement of noxious weeds and the importation of honeybees and other beekeeping articles. We are also proposing to include new provisions in our regulations for the denial of a permit and the revocation of a permit once issued. These changes would make our permit procedures more transparent and easier to use, allow us to evaluate a permit application more quickly and thoroughly, and help us hold permittees accountable for complying with permit conditions.
Pioneer Hi-Bred International, Inc.; Determination of Nonregulated Status of Maize Genetically Engineered for Herbicide and Insect Resistance
We are advising the public of our determination that a maize line developed by Pioneer Hi-Bred International Inc., designated as maize event DP-[Oslash][Oslash]4114-3, which has been genetically engineered to be resistant to certain lepidopteran and coleopteran pests and 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 Pioneer Hi-Bred International, Inc., in its petition for a determination of nonregulated status, our analysis of available scientific data, and comments received from the public in response to our previous notice announcing the availability of the petition for nonregulated status and its associated environmental assessment and plant pest risk assessment. This notice also announces the availability of our written determination and finding of no significant impact.
Notice of Availability of a Treatment Evaluation Document; Methyl Bromide Fumigation of Blueberries
We are advising the public that we have determined that it is necessary to immediately add to the Plant Protection and Quarantine Treatment Manual an additional treatment schedule for methyl bromide fumigation of blueberries for Mediterranean fruit fly and South American fruit fly. We have prepared a treatment evaluation document that describes the new treatment schedule and explains why we have determined that it is effective at neutralizing these fruit flies. We are making the treatment evaluation document available to the public for review and comment.
Notice of Request for Extension of Approval of an Information Collection; Importation of Plants for Planting
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 regulations for the importation of plants for planting.
Monsanto Co.; Notice of Intent To Prepare an Environmental Impact Statement for Determination of Nonregulated Status of Herbicide Resistant Soybeans and Cotton, and Notice of Virtual Public Meetings
We are extending the comment period for our notice of intent to prepare an environmental impact statement (EIS) on environmental impacts that may result from the potential approval of petitions seeking a determination of nonregulated status of cultivars of dicamba herbicide resistant soybeans and cotton produced by the Monsanto Company. During the comment period, we are requesting public comments to further delineate the scope of the alternatives and environmental impacts and issues to be included in the EIS. This action will allow interested persons additional time to prepare and submit comments. We are also announcing the dates of two virtual public meetings that we will be hosting to provide the public with additional opportunities to comment during the scoping period.
Notice of Request for Extension of Approval of an Information Collection; Importation of Unshu Oranges From Japan
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 regulations for the importation of Unshu oranges from Japan.
Notice of Request for Extension of Approval of an Information Collection; Importation of Mangoes From the Philippines
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 regulations for the importation of mangoes from the Philippines into the United States.
Dow AgroSciences LLC; Notice of Intent To Prepare an Environmental Impact Statement for Determination of Nonregulated Status of Herbicide Resistant Corn and Soybeans, and Notice of Virtual Public Meetings
We are extending the comment period for our notice of intent to prepare an environmental impact statement (EIS) on environmental impacts that may result from the potential approval of petitions seeking a determination of nonregulated status of three cultivars of herbicide resistant corn and soybeans produced by Dow AgroSciences LLC. During the comment period, we are requesting public comments to further delineate the scope of the alternatives and environmental impacts and issues to be included in the EIS. This action will allow interested persons additional time to prepare and submit comments. We are also announcing the dates of two virtual public meetings that we will be hosting to provide the public with additional opportunities to comment during the scoping period.
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.
National Poultry Improvement Plan; General Conference Committee Meeting
We are giving notice of a meeting of the General Conference Committee of the National Poultry Improvement Plan.
Oral Rabies Vaccine Trial; Availability of a Supplemental Environmental Assessment
We are advising the public that the Animal and Plant Health Inspection Service has prepared a supplemental environmental assessment (EA) relative to an oral rabies vaccination field trial in New Hampshire, New York, Ohio, Vermont, and West Virginia. The supplemental EA analyzes expanding the field trial for an experimental oral rabies vaccine for wildlife to additional areas in New York. The proposed field trial is necessary to evaluate whether the wildlife rabies vaccine will produce sufficient levels of population immunity against raccoon rabies. We are making the supplemental EA available to the public for review and comment.
Notice of Request for Extension of Approval of an Information Collection; Federally Recognized State Managed Phytosanitary Program
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 Federal recognition of a State's plant pest containment, eradication, or exclusion program as a Federally Recognized State Managed Phytosanitary Program.
Notice of Request for Revision to and Extension of Approval of an Information Collection; Virus-Serum-Toxin Act and Regulations
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a revision to and extension of approval of an information collection associated with the Virus-Serum-Toxin Act and regulations.
Pioneer Hi-Bred International, Inc.; Availability of Plant Pest Risk Assessment, Environmental Assessment, Preliminary Finding of No Significant Impact, and Preliminary Determination of Nonregulated Status of Canola Genetically Engineered for Herbicide Resistance
We are advising the public that the Animal and Plant Health Inspection Service has prepared a preliminary determination regarding a request from Pioneer Hi-Bred International, Inc., seeking a determination of nonregulated status of canola designated as DP-073496- 4, which has been genetically engineered for resistance to the herbicide glyphosate. We are also making available for public review our plant pest risk assessment, environmental assessment, and preliminary finding of no significant impact for the preliminary determination of nonregulated status.
Importation of Fresh Apricots From Continental Spain
We are reopening the comment period for our proposed rule that would allow the importation into the United States of fresh apricots from continental Spain. This action will allow interested persons additional time to prepare and submit comments.
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 the regulations for the importation of artificially dwarfed plants.
Importation of Avocados From Continental Spain
We are reopening the comment period for our proposed rule that would allow the importation of avocados from continental Spain (excluding the Balearic Islands and Canary Islands) into the United States. This action will allow interested persons additional time to prepare and submit comments.
Availability of an Environmental Assessment for Field Testing a Canine Lymphoma Vaccine, DNA
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 Canine Lymphoma Vaccine, DNA. The environmental assessment, which is based on a risk analysis prepared to assess the risks associated with the field testing of this vaccine and related information, examines the potential effects that field testing this veterinary vaccine could have on the quality of the human environment. Based on the risk analysis and other relevant data, 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.
Forfeiture Procedures Under the Endangered Species Act and the Lacey Act Amendments
The Animal and Plant Health Inspection Service is one of the agencies that administers the provisions of the Endangered Species Act of 1973, as amended (ESA), and the Lacey Act Amendments of 1981, as amended, that pertain to plants. We are proposing to update our regulations that set forth our forfeiture procedures with regard to plants or plant products seized under the authority of the ESA and the Lacey Act. The proposed changes would make our regulations conform to the requirements of the Civil Asset Forfeiture Reform Act of 2000, increase the monetary threshold of those cases proceeding through judicial forfeiture, provide for the assessment of storage costs of seized property, and make the regulations easier to understand.
Monsanto Co.; Notice of Intent To Prepare an Environmental Impact Statement for Determination of Nonregulated Status of Herbicide Resistant Soybeans and Cotton, and Notice of Virtual Public Meeting
We are announcing to the public that the Animal and Plant Health Inspection Service (APHIS) intends to prepare an environmental impact statement (EIS) on environmental impacts that may result from the potential approval of two petitions from the Monsanto Company (Monsanto) seeking a determination of nonregulated status of herbicide resistant soybeans and cotton. Issues to be addressed in the EIS include the potential environmental impacts associated with the increased use of certain herbicides and possible selection for and spread of weeds resistant to the herbicide dicamba combined with resistance to other herbicides (multiple resistance). We are also requesting public comments to further delineate the scope of the alternatives and environmental impacts and issues to be included in this EIS. We are also announcing that APHIS will be hosting a virtual public meeting during the scoping period. The purpose of the scoping meeting will be to allow the public an opportunity to comment on the range of alternatives and environmental impacts and issues discussed in the EIS.
Dow AgroSciences LLC; Notice of Intent To Prepare an Environmental Impact Statement for Determination of Nonregulated Status of Herbicide Resistant Corn and Soybeans, and Notice of Virtual Public Meeting
We are announcing to the public that the Animal and Plant Health Inspection Service (APHIS) intends to prepare an environmental impact statement (EIS) on environmental impacts that may result from the potential approval of three petitions from Dow AgroSciences LLC seeking a determination of nonregulated status of herbicide resistant corn and soybeans. Issues to be addressed in the EIS include the potential environmental impacts associated with the increased use of certain herbicides and possible selection for and spread of weeds resistant to the herbicide 2,4-D combined with resistance to other herbicides (multiple resistance). We are also requesting public comments to further delineate the scope of the alternatives and environmental impacts and issues to be included in this EIS. We are also announcing that APHIS will be hosting a virtual public meeting during the scoping period. The purpose of the scoping meeting will be to allow the public an opportunity to comment on the range of alternatives and environmental impacts and issues discussed in the EIS.
Golden Nematode; Removal of Regulated Areas in Livingston and Steuben Counties, NY
We are adopting as a final rule, without change, an interim rule that amended the golden nematode regulations by removing areas in Livingston and Steuben Counties in New York from the list of generally infested areas. Surveys have shown that certain areas in these two counties are free of golden nematode, and we determined that regulation of these areas was no longer necessary. As a result of that action, areas in Livingston and Steuben Counties in New York that had been listed as generally infested were removed from the list of areas regulated for golden nematode.
Cold Treatment for Fresh Fruits and Vegetables; MidAmerica St. Louis Airport, Mascoutah, IL
We are proposing to allow, under certain conditions, the cold treatment of imported fruits and vegetables upon arrival at the MidAmerica St. Louis Airport, Mascoutah, IL. We have determined that there are biological barriers at this port that, along with certain safeguards, would prevent the introduction of fruit flies and other insect pests into the United States in the unlikely event that they escape from shipments of fruits or vegetables before the fruits or vegetables undergo cold treatment. This action would facilitate the importation of fruit requiring cold treatment while continuing to provide protection against the introduction of fruit flies and other insect pests into the United States.
Black Stem Rust; Additions of Rust-Resistant Species and Varieties
We are amending the black stem rust quarantine and regulations by adding two varieties to the list of rust-resistant Berberis species and varieties and one variety to the list of rust-resistant Mahonia species and varieties. This action will allow for the interstate movement of these newly developed varieties without unnecessary restrictions.
Asian Longhorned Beetle; Quarantined Areas in Ohio
We are amending the Asian longhorned beetle regulations by adding a portion of Clermont County, OH, to the list of quarantined areas and restricting the interstate movement of regulated articles from that area. This action is necessary to prevent the artificial spread of the Asian longhorned beetle to noninfested areas of the United States.
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