Animal and Plant Health Inspection Service February 2011 – Federal Register Recent Federal Regulation Documents

The Food, Conservation, and Energy Act of 2008 amended the Lacey Act to expand 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. The Act also requires us to review the implementation of the declaration requirements, and to provide public notice and opportunity for comment while conducting the review. The purpose of this notice is to inform the public that we are conducting the required review and to request comments on the implementation of the declaration requirements.

We are proposing to amend the Hawaiian and territorial quarantine regulations to prohibit the movement of South American cactus moth host material, including nursery stock and plant parts for consumption to the mainland and Guam from Hawaii, Puerto Rico, and the U.S. Virgin Islands, and to allow South American cactus moth host material to be moved among Hawaii, Puerto Rico, and the U.S. Virgin Islands. We are also proposing to amend the foreign quarantine regulations to prohibit the importation of South American cactus moth host material, including nursery stock and plant parts for consumption, from any country or portion of a country infested with South American cactus moth. These actions would help prevent the introduction or spread of South American cactus moth into noninfested areas of the United States, relieve unnecessary restrictions on movement of host material among infested areas of the United States, and provide consistency to the 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 reinstatement of an information collection to support the National Animal Health Monitoring Feedlot 2011 Study.

We are advising the public of our determination that a corn line developed by Syngenta Seeds, Inc., designated as transformation event 3272, which has been genetically engineered to produce a microbial enzyme that facilitates ethanol production, 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 Syngenta Seeds, 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.

We are adopting as a final rule, without change, an interim rule that amended the regulations governing the importation of nursery stock to prohibit the importation of propagative seed of several Rutaceae (citrus family) genera from certain countries where citrus greening or citrus variegated chlorosis (CVC) is present. The interim rule also required propagative seed of these genera from all other countries to be accompanied by a phytosanitary certificate with an additional declaration that neither citrus greening nor CVC are known to occur in the country where the seed was produced. We took that action because scientific evidence indicated that seed of certain genera of the family Rutaceae may be a pathway for the introduction of those diseases. The interim rule was necessary in order to prevent the introduction or dissemination of citrus greening or CVC within the United States.

We are giving notice that the Secretary of Agriculture will reestablish the National Wildlife Services Advisory Committee for a 2- year period. The Secretary has determined that the Committee is necessary and in the public interest.

We are proposing to amend the regulations governing the importation of animals and animal products to add Estonia, Hungary, Slovakia, and Slovenia to the region of the European Union that we recognize as a low-risk region for classical swine fever (CSF). Swine, swine semen, pork, and pork products may be imported into the United States from this region under certain conditions. We are proposing to remove one of these conditions, a 40-day holding period for swine semen and donor boars after the collection of swine semen, based on our determination that it is unnecessary. We are also proposing to add Estonia, Slovakia, and Slovenia to the list of regions we consider free of swine vesicular disease (SVD) and to add Slovakia and Slovenia to the list of regions considered free of foot-and-mouth disease (FMD) and rinderpest. These proposed actions would relieve some restrictions on the importation into the United States of certain animals and animal products from those regions, while continuing to protect against the introduction of CSF, SVD, FMD, and rinderpest into the United States.

We are advising the public of our decision to ``partially deregulate'' Roundup Ready[supreg] sugar beets developed by the Monsanto Company (Monsanto) and KWS SAAT AG (KWS), designated as event H7-1, in response to a supplemental Monsanto/KWS petition requesting partial deregulation of event H7-1. APHIS has determined that it will, for an interim period of time, grant the petition in part. APHIS will grant a partial deregulation for event H7-1 sugar beet root crop production activities when conducted under certain mandatory conditions. APHIS has decided not to grant partial deregulation for event H7-1 sugar beet seed crop production. Rather, APHIS has decided that event H7-1 sugar beet seed production shall remain regulated under APHIS' regulations governing the introduction of certain genetically engineered organisms. Our decision granting the petition in part on an interim basis is based on our evaluation of data submitted by Monsanto and KWS in its supplemental petition for a determination of ``partial deregulation,'' our analysis of other scientific data, and comments received from the public in response to our previous notice announcing the availability of the environmental assessment (EA) associated with the supplemental petition for partial deregulation. This notice also announces the availability of our written decision, final EA, and finding of no significant impact.

This notice advises the public of the Animal and Plant Health Inspection Service's (APHIS) record of decision and determination on the petition regarding the regulated status of alfalfa genetically engineered for tolerance to the herbicide glyphosate based on APHIS' final environmental impact statement.

We are adopting as a final rule, without change, an interim rule that amended the emerald ash borer regulations by adding portions of Kentucky, Michigan, Minnesota, New York, Pennsylvania, Wisconsin, and the entire State of West Virginia to the list of quarantined areas. This interim rule, which restricted the interstate movement of regulated articles from those areas, was necessary to prevent the artificial spread of the emerald ash borer to noninfested areas of the United States.