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

Mexican Fruit Fly; Interstate Movement of Regulated Articles
Document Number: 05-12814
Type: Rule
Date: 2005-06-29
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the Mexican fruit fly regulations by removing a provision that allows regulated articles to be moved interstate from a regulated area without a certificate or limited permit if they are moved into States other than commercial citrus-producing States. Additionally, we are amending the regulations to remove references to quarantined States and to refer to regulated areas as quarantined areas. We are also making other changes to the regulations, including clarifying that an entity requiring the services of an inspector is responsible for the costs of services performed outside of normal business hours. These actions are necessary to prevent the interstate spread of Mexican fruit fly and make the Mexican fruit fly regulations more consistent with our other domestic fruit fly regulations.
Ventria Bioscience; Availability of Environmental Assessment and Finding of No Significant Impact for Field Tests of Genetically Engineered Rice Expressing Lactoferrin
Document Number: E5-3353
Type: Notice
Date: 2005-06-28
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 and reached a finding of no significant impact for confined field tests of rice plants genetically engineered to express the protein lactoferrin. 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.
Agency Information Collection Activities; OMB Approval Received
Document Number: E5-3351
Type: Notice
Date: 2005-06-28
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
In accordance with the Paperwork Reduction Act, this notice announces the Office of Management and Budget's approval of a collection of information contained in the Animal and Plant Health Inspection Service's final rule regarding the possession, use, and transfer of select agents and toxins.
Ventria Bioscience; Availability of Environmental Assessment and Finding of No Significant Impact for Field Tests of Genetically Engineered Rice Expressing Lysozyme
Document Number: E5-3350
Type: Notice
Date: 2005-06-28
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 and reached a finding of no significant impact for confined field tests of rice plants genetically engineered to express the protein lysozyme. 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.
Monsanto Co. and Forage Genetics International; Availability Determination of Nonregulated Status for Alfalfa Genetically Engineered for Tolerance to the Herbicide Glyphosate
Document Number: E5-3323
Type: Notice
Date: 2005-06-27
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public of our determination that 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, are no longer considered regulated articles under our regulations governing the introduction of certain genetically engineered organisms. Our determination is based on our evaluation of data submitted by Monsanto Company and Forage Genetics International 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 document and our finding of no significant impact.
Notice of Request for Extension of Approval of an Information Collection; Animal Welfare; Guinea Pigs, Hamsters, and Rabbits
Document Number: E5-3322
Type: Notice
Date: 2005-06-27
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 an extension of approval of an information collection in support of regulations issued under the Animal Welfare Act for the humane treatment and handling of guinea pigs, hamsters, and rabbits.
Oriental Fruit Fly
Document Number: 05-12643
Type: Rule
Date: 2005-06-27
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are adopting as a final rule, without change, two interim rules regarding Oriental fruit fly. The first interim rule designated a portion of Orange County, CA, as a quarantined area and provided for the use of spinosad bait spray as an alternative treatment for premises. The second interim rule removed the quarantine on that portion of Orange County, CA, and thus removed the restrictions on the interstate movement of regulated articles from that area. The first interim rule was necessary to prevent the spread of Oriental fruit fly to noninfested areas of the United States, and to provide an alternative to malathion bait spray to treat premises that produce regulated articles within the quarantined area. The second interim rule was necessary to reflect our determination that the Oriental fruit fly had been eradicated from Orange County, CA.
Phytophthora Ramorum; Vacuum Heat Treatment for Bay Leaves
Document Number: 05-12437
Type: Rule
Date: 2005-06-23
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the phytosanitary treatments regulations to allow leaves of the California bay laurel (Umbellularia californica) to be treated with vacuum heat before being moved interstate from any area quarantined because of Phytophthora ramorum. This action will provide an alternative to the hot water dip that had been the only approved treatment for the greenery of host plants, which include California bay laurel leaves, but that ruined the suitability of the leaves for use as a dried spice.
Citrus Canker; Quarantined Areas
Document Number: 05-12436
Type: Rule
Date: 2005-06-23
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 citrus canker regulations by updating the list of areas in the State of Florida quarantined because of citrus canker. The interim rule expanded one established quarantined area, added several new quarantine areas, and removed a portion of one quarantined area. These actions were necessary to prevent the spread of citrus canker into noninfested areas of the United States and to relieve restrictions that were no longer warranted.
Highly Pathogenic Avian Influenza; Additional Restrictions
Document Number: 05-12435
Type: Rule
Date: 2005-06-23
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
In an interim rule published in the Federal Register on May 10, 2004, we amended the regulations concerning the importation of animals and animal products to prohibit or restrict the importation of birds, poultry, and bird and poultry products from regions that have reported the presence of the H5N1 subtype of highly pathogenic avian influenza and to establish additional permit and quarantine requirements for U.S. origin pet birds and performing or theatrical birds and poultry returning to the United States. In the preamble of the interim rule, we specified that the additional restrictions in part 94 would apply only to unprocessed bird and poultry products, but mistakenly omitted the word ``unprocessed'' in the rule portion; in this document, we are correcting this error.
Secretary's Advisory Committee on Foreign Animal and Poultry Diseases; Notice of Solicitation for Membership
Document Number: E5-3206
Type: Notice
Date: 2005-06-21
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are giving notice that the Secretary has renewed the Advisory Committee on Foreign Animal and Poultry Diseases for a 2-year period. The Secretary is soliciting nominations for membership for this Committee.
Public Meeting; Proposed Design and Development of a Phytosanitary Certificate Issuance and Tracking System
Document Number: E5-3205
Type: Notice
Date: 2005-06-21
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that the Plant Protection and Quarantine program of the Animal and Plant Health Inspection Service will hold a meeting to exchange information and receive input on the proposed Phytosanitary Certificate Issuance and Tracking System, which will improve the efficiency of the Federal phytosanitary certificate issuance process.
Notice of Request for Extension of Approval of an Information Collection; Importation of Clementines From Spain
Document Number: E5-3203
Type: Notice
Date: 2005-06-21
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 associated with regulations for importation of clementines to the United States from Spain.
Treatments for Fruits and Vegetables
Document Number: C5-11460
Type: Proposed Rule
Date: 2005-06-20
Agency: Department of Agriculture, Animal and Plant Health Inspection Service, Federal Aviation Administration, Department of Transportation
Notice of Request for Approval of an Information Collection; Cooperative Wildlife Damage Management Programs
Document Number: E5-3011
Type: Notice
Date: 2005-06-10
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 by the Office of Management and Budget of an information collection associated with wildlife damage management programs.
Addition of Malaysia To List of Regions in Which Highly Pathogenic Avian Influenza Subtype H5N1 Is Considered To Exist
Document Number: 05-11504
Type: Rule
Date: 2005-06-10
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 concerning the importation of animals and animal products by adding Malaysia to the list of regions in which highly pathogenic avian influenza (HPAI) subtype H5N1 is considered to exist. We took that action to prevent the introduction of HPAI subtype H5N1 in the United States.
Treatments for Fruits and Vegetables
Document Number: 05-11460
Type: Proposed Rule
Date: 2005-06-10
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the regulations to revise the approved doses for irradiation treatment of imported fruits and vegetables. This proposal would establish a new minimum generic dose of irradiation for most arthropod plant pests, establish a new minimum generic dose for the fruit fly family, reduce the minimum dose of irradiation for some specific fruit fly species, and add nine pests to the list of pests for which irradiation is an approved treatment. These actions would allow the use of irradiation to neutralize more pests and to neutralize some pests at lower doses. Furthermore, we are proposing to provide for the irradiation of fruits and vegetables moved interstate from Hawaii at the pest-specific irradiation doses that are now approved for imported fruits and vegetables. We are also proposing to provide for the use of irradiation to treat fruits and vegetables moved interstate from Puerto Rico and the U.S. Virgin Islands. These actions would allow irradiation to serve as an alternative to other approved treatments for additional fruits and vegetables moved interstate from Hawaii, Puerto Rico, and the U.S. Virgin Islands. Finally, we are proposing to add irradiation as a treatment for bananas from Hawaii and to add vapor-heat treatment as an optional treatment for sweetpotatoes from Hawaii. These actions would provide an alternative to the currently approved treatments for those commodities while continuing to provide protection against the spread of plant pests from Hawaii into the continental United States.
Phytosanitary Treatments; Location of Treatment Schedules and Other Requirements
Document Number: 05-9387
Type: Rule
Date: 2005-06-07
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
This final rule amends the plant health regulations by adding to 7 CFR part 305 treatment schedules and related requirements that now appear in the Plant Protection and Quarantine Treatment Manual and by removing the Plant Protection and Quarantine Treatment Manual from the list of material that is incorporated by reference into the regulations. We are taking this action to simplify the process for amending treatment schedules and related requirements and to more clearly distinguish between treatment-related requirements and nonbinding administrative information, which the Plant Protection and Quarantine Treatment Manual also contains.
Pine Shoot Beetle; Interstate Movement of Pine Bark Products From Quarantined Areas
Document Number: 05-11150
Type: Proposed Rule
Date: 2005-06-06
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the pine shoot beetle regulations to allow pine bark products to be moved interstate from quarantined areas during the shoot feeding stage (July 1 through October 31) of the pine shoot beetle's life cycle without treatment. We are proposing this change because pine shoot beetles are not present in pine bark products during this stage. We are also proposing to establish a management method to allow pine bark products to be moved interstate from quarantined areas during the overwintering stage (November 1 through March 31) and spring flight stage (April 1 through June 30) of the pine shoot beetle's life cycle. This action would relieve restrictions on the interstate movement of pine bark products from quarantined areas during 4 months of the year and provide for the use of a management method as an alternative to fumigation with methyl bromide for pine bark products moved interstate from quarantined areas during the rest of the year.
Secretary's Advisory Committee on Foreign Animal and Poultry Diseases; Renewal
Document Number: E5-2768
Type: Notice
Date: 2005-06-01
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are giving notice that the Secretary of Agriculture has renewed the Secretary's Advisory Committee on Foreign Animal and Poultry Diseases for a 2-year period. The Secretary has determined that the Committee is necessary and in the public interest.