Animal and Plant Health Inspection Service 2005 – Federal Register Recent Federal Regulation Documents

Importation of Peppers From the Republic of Korea
Document Number: E5-8028
Type: Proposed Rule
Date: 2005-12-29
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the fruits and vegetables regulations to allow the importation into the continental United States of peppers from the Republic of Korea under certain conditions. As a condition of entry, the peppers would have to be grown in approved insect-proof, pest-free greenhouses and packed in pest-exclusionary packinghouses. In addition, the peppers would have to be safeguarded against pest infestation during their movement from the production site to the packinghouse and from the packinghouse to the continental United States. This action would allow for the importation of peppers from the Republic of Korea into the continental United States while continuing to provide protection against the introduction of quarantine pests.
Importation of Fragrant Pears From China
Document Number: 05-24423
Type: Rule
Date: 2005-12-23
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the fruits and vegetables regulations to allow the importation of fragrant pears from China under certain conditions. As a condition of entry, fragrant pears from China must be grown in the Korla region of Xinjiang Province in a production site that is registered with the national plant protection organization of China. The fragrant pears will be subject to inspection. In addition, the pears must be packed in cartons that are labeled in accordance with the regulations, shipped in insect-proof containers, and safeguarded from pest infestation during transport to the United States. This action will allow fragrant pears to be imported from China while continuing to provide protection against the introduction of plant pests into the United States.
Importation of Fruits and Vegetables
Document Number: E5-7690
Type: Proposed Rule
Date: 2005-12-22
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We propose to 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. Some of the fruits and vegetables are already eligible for importation under permit, but are not specifically listed in the regulations. All of the fruits and vegetables, as a condition of entry, would be inspected and subject to treatment at the port of first arrival as may be required by an inspector. In addition, some of the fruits and vegetables would be required to meet other special conditions. In one case, we propose to add a systems approach that would provide an alternative to methyl bromide fumigation. These actions would provide the United States with additional types and sources of fruits and vegetables while continuing to protect against the introduction of quarantine pests through imported fruits and vegetables.
Importation of Nursery Stock
Document Number: 05-24031
Type: Proposed Rule
Date: 2005-12-15
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the regulations on importing nursery stock to eliminate various restrictions on the importation of plants in vitro and kenaf seed; to establish programs for the importation of approved plants from the Canary Islands and from Israel; to require an additional declaration on the phytosanitary certificate accompanying blueberry plants imported from Canada; to require that phytosanitary certificates include the genus and species names of the restricted articles they accompany; to change the phytosanitary certificate requirements for several restricted articles; to reduce the postentry quarantine growing period for Hydrangea spp. and for certain chrysanthemums; and to update the list of ports of entry and Federal plant inspection stations. We are also proposing several other changes to update and clarify the regulations and improve their effectiveness. These changes are necessary to relieve restrictions that appear unnecessary, update existing provisions, and make the regulations easier to understand and implement.
Importation of Whole Cuts of Boneless Beef From Japan
Document Number: 05-24057
Type: Rule
Date: 2005-12-14
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations governing the importation of meat and other edible animal products by allowing, under certain conditions, the importation of whole cuts of boneless beef from Japan. We are taking this action in response to a request from the Government of Japan and after conducting a risk analysis and considering public comments. This action will allow the importation of beef from Japan while continuing to protect against the introduction of bovine spongiform encephalopathy into the United States.
Karnal Bunt; Addition and Removal of Regulated Areas in Arizona
Document Number: 05-23995
Type: Rule
Date: 2005-12-13
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the Karnal bunt regulations to make changes to the list of areas or fields regulated because of Karnal bunt, a fungal disease of wheat. We are adding certain areas in Maricopa and Pinal Counties, AZ, to the list of regulated areas either because they were found during surveys to contain a bunted wheat kernel, or because they are within the 3-mile-wide buffer zone around fields or areas affected with Karnal bunt. We are also removing certain areas or fields in Maricopa County, AZ, from the list of regulated areas based on our determination that those fields or areas meet our criteria for release from regulation. These actions are necessary to prevent the spread of Karnal bunt to noninfected areas of the United States and to relieve restrictions on certain areas that are no longer necessary.
Wildlife Services; Availability of a Supplemental Environmental Assessment and Decision/Finding of No Significant Impact for Oral Rabies Vaccine Program on National Forest System Lands
Document Number: E5-7064
Type: Notice
Date: 2005-12-08
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that we have prepared a supplemental environmental assessment (EA) and proposed decision/ finding of no significant impact (FONSI) relative to oral rabies vaccination programs on National Forest System lands in several States. Since the publication of our original EA and decision/FONSI (2001), a subsequent supplemental decision/FONSI (2002), a supplemental EA and decision/FONSI (2003), and a second supplemental EA and decision/FONSI (2004), we determined the need to further expand the oral rabies vaccination program to include National Forest System lands, excluding Wilderness Areas, to effectively stop the westward and northward spread of the rabies virus across the United States and into Canada. Thus, an EA and decision/FONSI was prepared in 2004 to facilitate planning, interagency coordination, and program management and to provide the public with our analysis of potential individual and cumulative impacts of an expanded oral rabies vaccine program. The supplemental EA and proposed decision/FONSI (2005) made available by this notice serves to update program needs and evaluate current data.
Importation of Fruits and Vegetables
Document Number: 05-23790
Type: Rule
Date: 2005-12-08
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending 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. Many of these fruits and vegetables have been eligible for importation under permit, but were not specifically listed in the regulations. All of the fruits and vegetables, as a condition of entry, will be inspected and subject to treatment at the port of first arrival as may be required by an inspector. In addition, some of the fruits and vegetables will be required to be treated or meet other special conditions. We are also recognizing areas in several countries as free from certain fruit flies; adding, modifying, or removing certain definitions; modifying existing treatment requirements for specified commodities; and making other miscellaneous changes. These actions will improve the transparency of our regulations while continuing to protect against the introduction of quarantine pests through imported fruits and vegetables.
Certification Program for Imported Articles of Pelargonium
Document Number: 05-23531
Type: Rule
Date: 2005-12-01
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are correcting an error in the amendatory instructions in our final rule that amended the provisions of a certification program for articles of Pelargonium spp. and Solanum spp. imported from countries where the bacterium Ralstonia solanacearum race 3 biovar 2 is known to occur. The final rule was effective and published in the Federal Register on October 24, 2005 (70 FR 61351-61362, Docket No. 03- 019-3).
Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities; Unsealing of Means of Conveyance and Transloading of Products
Document Number: 05-23334
Type: Rule
Date: 2005-11-28
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 amending the regulations to broaden who is authorized to break seals on means of conveyances carrying certain ruminants of Canadian origin. Additionally, we are amending the regulations regarding the transiting through the United States of certain ruminant products from Canada to allow for direct transloading of the products from one means of conveyance to another in the United States under Federal supervision. These actions will contribute to the humane treatment of ruminants shipped to the United States from Canada and remove an impediment to international trade, without increasing the risk of the BSE disease agent entering the United States.
Flag Smut; Importation of Wheat and Related Products
Document Number: 05-23329
Type: Rule
Date: 2005-11-28
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations regarding the importation of wheat and related articles by removing the prohibitions related to flag smut. Based on a number of considerations, we have concluded that U.S. wheat will not be at risk if those prohibitions are removed. We will, however, continue to prohibit the importation of wheat and related articles from flag smut-affected countries until a risk evaluation can be completed to ensure that those articles do not introduce other plant pests. This action removes flag smut-related prohibitions that no longer appear to be necessary while continuing to provide protection against other potential pests or diseases of wheat.
Black-Tailed Prairie Dog Conservation and Management on the Nebraska National Forest and Associated Units; Record of Decision
Document Number: 05-23302
Type: Notice
Date: 2005-11-25
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
This notice advises the public that the Animal and Plant Health Inspection Service's Wildlife Services program (APHIS-WS) has prepared a record of decision based on the Black-Tailed Prairie Dog Conservation and Management on the Nebraska National Forest and Associated Units final environmental impact statement.
Availability of an Environmental Assessment for Field Testing Canine Melanoma Vaccine, DNA
Document Number: E5-6297
Type: Notice
Date: 2005-11-15
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 Canine Melanoma Vaccine, DNA, for use in dogs. 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.
Availability of an Environmental Assessment for Field Testing West Nile Virus Vaccine, Live Flavivirus Chimera
Document Number: E5-6293
Type: Notice
Date: 2005-11-15
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 West Nile Virus Vaccine, Live Flavivirus Chimera for use in horses. 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.
Importation of Cattle From Mexico
Document Number: 05-22337
Type: Proposed Rule
Date: 2005-11-09
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the regulations regarding the importation of cattle from Mexico by adding 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. A new facility for the handling of animals is to be constructed on the Mexican side of the border at the port of San Luis, AZ, that will be equipped with facilities necessary for the proper chute inspection, dipping, and testing that are required for such cattle under the regulations. We would also amend the regulations to remove 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 and that prohibit the movement of such cattle into areas of Texas quarantined because of fever ticks. The statutory requirement that limited the admission of those cattle to the State of Texas has been repealed, and we believe that the current provisions of our domestic fever tick quarantine regulations will effectively address any risk of the spread of tick-borne diseases associated with the subsequent movement of imported cattle from the quarantined area of Texas. These proposed changes would make an additional port of entry available and relieve restrictions on the movement of imported Mexican cattle within the United States.
Importation of Peppers From Certain Central American Countries; Correction
Document Number: 05-22176
Type: Proposed Rule
Date: 2005-11-07
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are correcting two errors in a proposed rule that would amend the fruits and vegetables regulations to allow certain types of peppers grown in approved registered production sites in Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua to be imported into the United States without treatment. The proposed rule was published in the Federal Register on October 12, 2005 (70 FR 59283-59290, Docket No. 05- 003-1).
Emerald Ash Borer; Quarantined Areas
Document Number: 05-21608
Type: Rule
Date: 2005-10-31
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending 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 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 Indiana, Michigan, and Ohio into noninfested areas of the United States.
Notice of Request for Approval of an Information Collection; National Animal Identification System; Cooperative Agreements for Field Trials and Research Projects
Document Number: E5-5962
Type: Notice
Date: 2005-10-27
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request approval of a new information collection activity associated with a national animal identification system.
Importation of Meat That Originates in an FMD Region and Is Cured or Cooked in Another Region
Document Number: 05-21306
Type: Proposed Rule
Date: 2005-10-25
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the animal and animal product import regulations by adding provisions for the importation of cured or cooked shelf-stable meat derived from ruminants or swine that originate in a region where rinderpest or foot-and-mouth disease exists if the meat is cured or cooked in another region. This action would provide for the importation of these commodities while continuing to protect the U.S. ruminant and swine populations against incursions of rinderpest and foot-and-mouth disease.
International Sanitary and Phytosanitary Standard-Setting Activities
Document Number: E5-5853
Type: Notice
Date: 2005-10-24
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
In accordance with legislation implementing the results of the Uruguay Round of negotiations under the General Agreement on Tariffs and Trade, we are informing the public of international standard- setting activities of the World Organization for Animal Health, the Secretariat of the International Plant Protection Convention, and the North American Plant Protection Organization, and we are soliciting public comment on the standards to be considered.
Asian Longhorned Beetle; Addition and Removal of Quarantined Areas in New Jersey
Document Number: 05-21169
Type: Rule
Date: 2005-10-24
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the Asian longhorned beetle regulations by adding a portion of Middlesex and Union Counties, NJ, to the list of quarantined areas and restricting the interstate movement of regulated articles from those areas. This action is necessary to prevent the artificial spread of the Asian longhorned beetle to noninfested areas of the United States. We are also removing the areas within Hudson County, NJ, from the list of quarantined areas and removing restrictions on the interstate movement of regulated articles from those areas. We have determined that the Asian longhorned beetle no longer presents a risk of spread from those areas and that the quarantine and restrictions are no longer necessary.
Certification Program for Imported Articles of Pelargonium
Document Number: 05-21168
Type: Rule
Date: 2005-10-24
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are adopting as a final rule, with changes, an interim rule that amended the regulations by establishing a certification program for articles of Pelargonium spp. and Solanum spp. imported from countries where the bacterium Ralstonia solanacearum race 3 biovar 2 (R3B2) is known to occur. The interim rule prohibited the importation of articles of Pelargonium spp. and Solanum spp. from countries where R. solanacearum R3B2 is known to occur unless the articles are produced in accordance with the certification program. This final rule amends the regulations by modifying some of the requirements of the certification program to make them clearer and more flexible, by providing for the establishment of areas that are free of R. solanacearum R3B2 within countries where the bacterium is known to occur, and by exempting imported seeds of Pelargonium spp. and Solanum spp. from all requirements related to R. solanacearum R3B2. The requirements of the certification program are designed to ensure that R. solanacearum R3B2 will not be introduced into the United States through the importation of articles of Pelargonium spp. and Solanum spp. This certification program is necessary to prevent the introduction of this bacterial strain into the United States.
Tuberculosis in Cattle and Bison; State and Zone Designations; New Mexico
Document Number: 05-21082
Type: Rule
Date: 2005-10-21
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 bovine tuberculosis regulations regarding State and zone classifications by removing New Mexico from the list of modified accredited advanced States, adding portions of two counties in New Mexico to the list of modified accredited advanced zones, and adding the remainder of the State to the list of accredited-free zones. We took this action based on our determination that New Mexico met the requirements of the regulations for zone recognition and that one of the zones met the criteria for designation as accredited-free.
Tuberculosis; Amend the Definition of Affected Herd
Document Number: 05-20974
Type: Rule
Date: 2005-10-20
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations by removing the two different definitions of affected herd and replacing them with a single, updated definition. This action is necessary to provide more clarity in the regulations and because the current definitions are out-of-date and inconsistent.
Agricultural Inspector Uniform Allowance
Document Number: E5-5651
Type: Notice
Date: 2005-10-14
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
The Animal and Plant Health Inspection Service, USDA, is changing the colors of its employees' basic uniform to ensure our inspectors are easy to distinguish from personnel of other Federal agencies who are stationed at ports of entry. To offset the one-time cost to uniformed employees who must replace their existing uniforms, we are increasing, for one year only, our maximum uniform allowance rate for fiscal year 2006. We are publishing this notice in accordance with the civil service regulations regarding uniform allowances, which provide, among other things, that annual uniform allowances greater than $400 require public notice and comment.
Environmental Impact Statement; Petition for Deregulation of Genetically Engineered Glyphosate-Tolerant Creeping Bentgrass; Request for Additional Information
Document Number: E5-5579
Type: Notice
Date: 2005-10-12
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that the Animal and Plant Health Inspection Service is seeking information to develop an environmental impact statement as part of its consideration of a petition received from Monsanto Company and The Scotts Company. The petition requests a determination of nonregulated status for engineered creeping bentgrass (Agrostis stolonifera) that is glyphosate tolerant. We are preparing this environmental impact statement in accordance with 7 CFR 372.5 and 40 CFR 1501.3 and 1501.4. We are seeking specific information about glyphosate use to control grasses. We are primarily interested in the details of those programs that focus on weed management in nonagricultural lands.
Importation of Peppers From Certain Central American Countries
Document Number: 05-20388
Type: Proposed Rule
Date: 2005-10-12
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend 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 into the United States without treatment. The conditions to which the proposed importation of peppers would 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 would 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.
Black Stem Rust; Movement Restrictions and Addition of Rust-Resistant Varieties
Document Number: 05-20387
Type: Proposed Rule
Date: 2005-10-12
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the black stem rust quarantine and regulations by changing the movement restrictions in order to allow clonally propagated offspring of rust-resistant Berberis cultivars to move into or through a protected area without completing the currently required 2-year growth period. This change would lessen an unnecessarily strict movement requirement. We also propose to add 13 varieties to the list of rust-resistant Berberis species. This change would allow for the interstate movement of these newly developed varieties without unnecessary restrictions.
University of Kentucky; Availability of an Environmental Assessment and a Finding of No Significant Impact for Field Tests of Genetically Engineered Neotyphodium
Document Number: 05-20195
Type: Notice
Date: 2005-10-07
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 for a field trial of genetically engineered strains of an endophytic fungus of perennial ryegrass, Neotyphodium sp. isolate Lp1. The fungi have been genetically engineered to disrupt the ergovaline synthesis pathway. The environmental assessment provides a basis for our conclusion that these field tests will not present a risk of introducing or disseminating a plant pest and 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 tests.
Mycogen Seeds/Dow AgroSciences LLC and Pioneer Hi-Bred International Inc.; Availability of Determination of Nonregulated Status for Genetically Engineered Corn
Document Number: 05-20194
Type: Notice
Date: 2005-10-07
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public of our determination that the Mycogen Seeds/Dow AgroSciences LLC and Pioneer Hi-Bred International Inc. corn designated as corn line DAS-59122-7, which has been genetically engineered for resistance to a corn rootworm complex and for tolerance 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 Mycogen Seeds/Dow AgroSciences LLC and Pioneer Hi-Bred International Inc. in their petition for a determination of non-regulated 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.
Tuberculosis in Cattle and Bison; State and Zone Designations; Michigan
Document Number: 05-20098
Type: Rule
Date: 2005-10-06
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the bovine tuberculosis regulations to designate the Upper Peninsula of the State of Michigan as an accredited-free zone. We have determined that Michigan meets the requirements for zone recognition and that the Upper Peninsula meets the criteria for designation as an accredited-free zone. This action relieves restrictions on the interstate movement of cattle and bison from the Upper Peninsula.
Noxious Weed Control and Eradication Act; Revisions to Authority Citations
Document Number: 05-19945
Type: Rule
Date: 2005-10-05
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the authority citations in title 7, chapter III, and title 9, part 94, to reflect the enactment of the Noxious Weed Control and Eradication Act of 2004 (Pub. L. 108-412, 118 Stat. 2320, 7 U.S.C. 7781-7786), which amended the Plant Protection Act.
Protected Plant Permits
Document Number: 05-19944
Type: Rule
Date: 2005-10-05
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the endangered species regulations concerning terrestrial plants by replacing all references to ``general permits'' with references to ``protected plant permits.'' This final rule is necessary for the regulations to reflect the change in the name of the permit. We are also updating a mailing address in the regulations and making other nonsubstantive editorial changes.
Karnal Bunt; Criteria for Releasing Fields From Regulation
Document Number: 05-19943
Type: Proposed Rule
Date: 2005-10-05
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend 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 proposed changes would allow a field to qualify for release after 5 cumulative years of specified management practices, rather than 5 consecutive years as the current regulations provide, and reorganize the manner in which those management practices are described. These proposed changes would clarify the existing regulations and provide growers in regulated areas with greater flexibility in their planting decisions.
Stall Reservations at Import Quarantine Facilities
Document Number: 05-19689
Type: Rule
Date: 2005-10-03
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 regulations regarding the importation of horses into the United States by requiring persons who cancel reservations for stall space at import quarantine facilities to notify us earlier and by increasing the fee for canceling reservations.
West Indian Fruit Fly; Regulated Articles
Document Number: 05-19576
Type: Rule
Date: 2005-09-30
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 West Indian fruit fly regulations by removing grapefruit, sweet lime, sour orange, and sweet orange from the list of regulated articles. A review of available scientific literature and other information led us to conclude that these citrus fruits do not present a risk of spreading West Indian fruit fly. This action affirms the elimination of restrictions on the interstate movement of these citrus fruits from areas quarantined because of the West Indian fruit fly.
Mexican Fruit Fly; Quarantined Areas and Treatments for Regulated Articles
Document Number: 05-19575
Type: Rule
Date: 2005-09-30
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 Mexican fruit fly regulations to provide for the use of irradiation as a treatment for fruits listed as regulated articles. We are also adopting as a final rule, without change, an interim rule that amended those regulations by removing a portion of San Diego County, CA, from the list of quarantined areas. Those interim rules were necessary to provide an additional option for qualifying regulated articles for movement from quarantined areas and to relieve restrictions that were no longer needed to prevent the spread of Mexican fruit fly to noninfested areas of the United States.
Citrus From Peru
Document Number: 05-19574
Type: Proposed Rule
Date: 2005-09-30
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the fruits and vegetables regulations to allow the importation, under certain conditions, of fresh commercial citrus fruit (grapefruit, limes, mandarin oranges or tangerines, sweet oranges, and tangelos) from approved areas of Peru into the United States. Based on the evidence in a recent pest risk analysis, we believe these articles can be safely imported from Peru, provided certain conditions are met. This action would provide for the importation of citrus from Peru into the United States while continuing to protect the United States against the introduction of plant pests.
Notice of Request for Approval of an Information Collection; Voluntary “Do Not Sell” List of Invasive Plant Species
Document Number: 05-19453
Type: Notice
Date: 2005-09-29
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request approval of a new information collection activity associated with a voluntary ``do not sell'' list of invasive plant species for Florida nurseries.
Monsanto Company; Availability of Petition and Environmental Assessment for Determination of Nonregulated Status for Corn Genetically Engineered To Express High Lysine Levels
Document Number: E5-5178
Type: Notice
Date: 2005-09-27
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that the Animal and Plant Health Inspection Service has received a petition from Monsanto Company, seeking a determination of nonregulated status for corn designated as transformation event LY038, which has been genetically engineered to express a lysine-insensitive dihydrodipicolinate synthase (cDHDPS) enzyme, which allows for the accumulation of higher levels of lysine in the germ of the seed. Corn-soybean meal based diets formulated for poultry and swine are characteristically deficient in lysine and require the addition of supplemental lysine for optimal animal growth and production. This corn product may provide an alternative to supplementation of feed with lysine. 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 public comments on whether this corn presents a plant pest risk. We are also making available for public comment an environmental assessment for the proposed determination of nonregulated status.
Noxious Weed Control and Eradication Act; Delegation of Authority
Document Number: 05-19044
Type: Rule
Date: 2005-09-23
Agency: Animal and Plant Health Inspection Service, Department of Agriculture, Office of the Secretary
This document delegates the authority given to the Secretary of Agriculture under the Noxious Weed Control and Eradication Act of 2004 to establish a program to provide financial and technical assistance to control or eradicate noxious weeds. Authority is delegated from the Secretary of Agriculture to the Under Secretary for Marketing and Regulatory Programs; from that official to the Administrator of the Animal and Plant Health Inspection Service; and from the Administrator of the Animal and Plant Health Inspection Service to the Deputy Administrator for Plant Protection and Quarantine. In addition, this document also removes references to statutes that were repealed upon enactment of the Plant Protection Act and statutes that were repealed upon enactment of the Animal Health Protection Act.
Animal Welfare; Standards for Ferrets: Extension of Comment Period
Document Number: 05-18742
Type: Proposed Rule
Date: 2005-09-21
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are extending the comment period for our notice announcing the receipt of a petition requesting that specific standards be promulgated for the humane handling, care, treatment, and transportation of domestic ferrets. This action will allow interested persons additional time to prepare and submit comments.
Public Meeting; National Animal Identification System
Document Number: 05-18760
Type: Notice
Date: 2005-09-20
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
The Animal and Plant Health Inspection Service will hold a public meeting concerning the animal movement tracking database component for the National Animal Identification System. The purpose of the meeting is to initiate dialogue about this initiative with industry stakeholders, including representatives of national organizations that represent livestock and poultry production sectors, livestock producers, and other interested individuals. This notice provides information on the discussion topics as well as the date, time, and place of the meeting.
Cut Flowers From Countries With Chrysanthemum White Rust
Document Number: 05-18604
Type: Proposed Rule
Date: 2005-09-20
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are reopening the comment period for our proposed rule that would amend 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 also proposed to amend the nursery stock regulations to update lists of countries where CWR is known to occur. This action will allow interested persons additional time to prepare and submit comments.
Add Argentina to the List of Regions Considered Free of Exotic Newcastle Disease; Correction
Document Number: 05-17799
Type: Proposed Rule
Date: 2005-09-08
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
In a proposed rule published in the Federal Register on August 23, 2005 (Docket No. 04-083-1), we proposed to amend the regulations by adding Argentina to the list of regions considered free of exotic Newcastle disease (END) and announced the availability of a qualitative evaluation regarding the END status of Argentina. The proposed rule contained an incorrect Internet address and incomplete instructions on how to access the qualitative evaluation. This document corrects those errors.
Importation of Whole Cuts of Boneless Beef from Japan
Document Number: C5-16422
Type: Proposed Rule
Date: 2005-09-01
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
Fiscal Year 2006 Reimbursable Overtime Rates, Veterinary Diagnostic Services User Fees, and Agricultural Quarantine and Inspection User Fees
Document Number: 05-16982
Type: Notice
Date: 2005-08-26
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
This notice pertains to reimbursable overtime charged for Sunday, holiday, or other overtime work performed in connection with the inspection, laboratory testing, certification, or quarantine of certain articles, to user fees for certain veterinary diagnostic services, and to fees charged for agricultural quarantine and inspection 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 purpose of this notice is to remind the public of the reimbursable overtime charges and user fees for fiscal year 2006 (October 1, 2005, through September 30, 2006).
Add Argentina to the List of Regions Considered Free of Exotic Newcastle Disease
Document Number: 05-16689
Type: Proposed Rule
Date: 2005-08-23
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the regulations by adding Argentina to the list of regions considered free of exotic Newcastle disease. We have conducted a risk evaluation and have determined that Argentina has met our requirements for being recognized as free of this disease. This proposed action would eliminate certain restrictions on the importation into the United States of poultry and poultry products from Argentina. We would also add Argentina to the list of regions that, although declared free of exotic Newcastle disease, must provide an additional certification to confirm that any poultry or poultry products offered for importation into the United States originate in a region free of exotic Newcastle disease and that, prior to importation into the United States, such poultry or poultry products were not commingled with poultry or poultry products from regions where exotic Newcastle disease exists.
Importation of Whole Cuts of Boneless Beef from Japan
Document Number: 05-16422
Type: Proposed Rule
Date: 2005-08-18
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the regulations governing the importation of meat and other edible animal products by allowing, under certain conditions, the importation of whole cuts of boneless beef from Japan. We are proposing this action in response to a request from the Government of Japan and after conducting an analysis of the risk that indicates that such beef can be safely imported from Japan under the conditions described in this proposal.
Notice of Request for Extension of Approval of an Information Collection; Animal Welfare
Document Number: 05-16377
Type: Notice
Date: 2005-08-18
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
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 issued under the Animal Welfare Act governing the humane handling, care, treatment, and transportation of certain animals by dealers, research institutions, exhibitors, carriers, and intermediate handlers