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

We are amending the regulations to relieve certain restrictions regarding the movement of Hass variety avocados. Specifically, we are amending our domestic quarantine regulations to provide for the interstate movement, with a certificate, of Hass avocados from areas in the United States quarantined for Mexican fruit fly or sapote fruit fly, provided that the fruit is safeguarded after harvest in accordance with specific measures. We are also amending our foreign quarantine regulations to remove trapping and bait spray treatment requirements related to Anastrepha spp. fruit flies for imported Hass avocados from Michoacan, Mexico. These actions are warranted in light of research demonstrating the limited host status of Hass avocados to various species of fruit flies in the genus Anastrepha, including Mexican fruit fly and sapote fruit fly. By amending both our domestic and foreign quarantine regulations, we are making them consistent with each other and relieving restrictions for Mexican Hass avocado producers. In addition, this action provides an alternative means for Hass avocados to be moved interstate if the avocados originate from a Mexican fruit fly or sapote fruit fly quarantined area in 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 initiate an information collection to support the National Animal Health Monitoring System Catfish 2010 Study.

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 Asian longhorned beetle cooperative eradication program.

This is a notice to inform the public of an addition to the schedule of upcoming meetings to discuss stakeholder concerns related to the implementation of the National Animal Identification System. The additional meeting is being organized by the Animal and Plant Health Inspection Service.

We are advising the public that the Animal and Plant Health Inspection Service has prepared an evaluation of the animal health status of Saxony, Germany, relative to the H5N1 subtype of highly pathogenic avian influenza (HPAI). The evaluation presents our assessment of the HPAI H5N1 detection, control, and eradication measures in place in Saxony, Germany, during an outbreak of HPAI in 2008, as well as our assessment of the present status of Saxony, Germany, with respect to HPAI subtype H5N1. We are making this evaluation available to the public for review and comment. If, after the close of the comment period, APHIS can identify no additional risk factors that would indicate that domestic poultry in Saxony, Germany, continue to be affected with HPAI H5N1, we would conclude that the importation of live birds, poultry carcasses, parts of carcasses, and eggs (other than hatching eggs) of poultry, game birds, or other birds from the affected region of Saxony, Germany, presents a low risk of introducing HPAI H5N1 into the United States.

We are proposing to make several changes to the regulations governing the importation and interstate movement of noxious weeds. We would add definitions of terms used in the regulations, add details regarding the process of applying for the permits used to import or move noxious weeds, add a requirement for the treatment of niger seed, and add provisions for petitioning to add a taxon to or remove a taxon from the noxious weed lists. These changes would update the regulations to reflect current statutory authority and program operations and improve the effectiveness of the regulations. We are also proposing to add seven taxa to the list of terrestrial noxious weeds and to the list of seeds with no tolerances applicable to their introduction. This action would prevent the introduction or dissemination of these noxious weeds into or within the United States.

We are advising the public of our determination regarding the high pathogenicity avian influenza (HPAI) subtype H5N1 status of Germany and Poland following outbreaks in 2006 and 2007. Based on assessments of the animal health status of the two countries, which we made available to the public for review and comment through a previous notice, the Administrator has determined that the importation of live birds, poultry carcasses, parts or products of poultry carcasses, and eggs (other than hatching eggs) of poultry, game birds, and other birds from either Germany (except Saxony, Germany) or Poland presents a low risk of introducing HPAI H5N1 into the United States.

We are advising the public that the Animal and Plant Health Inspection Service is seeking comments on the draft audit standard developed for its Biotechnology Quality Management System pilot project. The Biotechnology Quality Management System is a voluntary compliance assistance program designed to help regulated entities develop sound management practices, thus enhancing compliance with the regulatory requirements for environmental releases and movements of regulated articles in accordance with 7 CFR part 340.

We are amending the fruits and vegetables regulations to allow the importation into the continental United States of commercial consignments of fresh eggplant from Israel. As a condition of entry, the eggplant must be grown under a systems approach that includes requirements for pest exclusion at the production site, fruit fly trapping inside and outside the production site, and pest-excluding packinghouse procedures. The eggplant must be accompanied by a phytosanitary certificate issued by the Israeli national plant protection organization with an additional declaration confirming that the eggplants have been produced in accordance with those requirements. This action will allow for the importation of commercial consignments of fresh eggplant from Israel into the United States while continuing to provide protection against the introduction of quarantine pests.