Department of Agriculture May 12, 2009 – Federal Register Recent Federal Regulation Documents

We are correcting an error in the amendatory language in our final rule that added the port of San Luis, AZ, as a port through which cattle that have been infested with fever ticks or exposed to fever ticks or tick-borne diseases may be imported into the United States and that removed provisions that limit the admission of cattle that have been infested with fever ticks or exposed to fever ticks or tick-borne diseases to the State of Texas. The final rule was published in the Federal Register on January 2, 2009.

This recommended decision invites written exceptions to proposed amendments to Marketing Agreement and Order No. 930 (order), which regulates the handling of tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. Seven amendments were proposed by the Cherry Industry Administrative Board (Board), which is responsible for local administration of the order. These proposed amendments would: Authorize changing the primary reserve capacity associated with the volume control provisions of the order; authorize establishment of a minimum inventory level at which all remaining product held in reserves would be released to handlers for use as free tonnage; establish an age limitation on product placed into reserves; revise the nomination and election process for handler members on the Board; revise Board membership affiliation requirements; and update order language to more accurately reflect grower and handler participation in the nomination and election process in districts with only one Board representative. In addition, the Agricultural Marketing Service (AMS) proposed to make any such changes as may be necessary to the order to conform to any amendment that may result from the hearing.

We are proposing to revise the phytosanitary treatment regulations in 7 CFR part 305 by removing the lists of approved treatments and treatment schedules from the regulations, while retaining the general requirements for performing treatments and certifying or approving treatment facilities. We would remove treatment schedules from other places where they are currently found in 7 CFR chapter III as well. Approved treatment schedules would instead be found in the Plant Protection and Quarantine Treatment Manual, which is available on the Internet. We are also proposing to establish a new process to provide the public with notice and the opportunity to comment on changes to treatment schedules. Finally, we would harmonize and combine the requirements for performing irradiation treatment for imported articles, articles moved interstate from Hawaii and U.S. territories, and articles moved interstate from an area quarantined for fruit flies. These changes would simplify and expedite our processes for adding, changing, and removing treatment schedules while continuing to provide for public participation in the process. These changes would also simplify our presentation of treatments to the public by consolidating all treatments into one document and eliminating redundant text from the regulations.