Animal and Plant Health Inspection Service May 2013 – Federal Register Recent Federal Regulation Documents

Notice of Request for Extension of Approval of an Information Collection; Federally Recognized State Managed Phytosanitary Program
Document Number: 2013-12697
Type: Notice
Date: 2013-05-29
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 an extension of approval of an information collection associated with Federal recognition of a State's plant pest containment, eradication, or exclusion program as a Federally Recognized State Managed Phytosanitary Program.
Notice of Request for Revision to and Extension of Approval of an Information Collection; Virus-Serum-Toxin Act and Regulations
Document Number: 2013-12692
Type: Notice
Date: 2013-05-29
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 a revision to and extension of approval of an information collection associated with the Virus-Serum-Toxin Act and regulations.
Pioneer Hi-Bred International, Inc.; Availability of Plant Pest Risk Assessment, Environmental Assessment, Preliminary Finding of No Significant Impact, and Preliminary Determination of Nonregulated Status of Canola Genetically Engineered for Herbicide Resistance
Document Number: 2013-12687
Type: Notice
Date: 2013-05-29
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 a preliminary determination regarding a request from Pioneer Hi-Bred International, Inc., seeking a determination of nonregulated status of canola designated as DP-073496- 4, which has been genetically engineered for resistance to the herbicide glyphosate. We are also making available for public review our plant pest risk assessment, environmental assessment, and preliminary finding of no significant impact for the preliminary determination of nonregulated status.
Importation of Fresh Apricots From Continental Spain
Document Number: 2013-12685
Type: Proposed Rule
Date: 2013-05-29
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are reopening the comment period for our proposed rule that would allow the importation into the United States of fresh apricots from continental Spain. This action will allow interested persons additional time to prepare and submit comments.
Notice of Request for Extension of Approval of an Information Collection; Importation of Artificially Dwarfed Plants
Document Number: 2013-12681
Type: Notice
Date: 2013-05-29
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 an extension of approval of an information collection associated with the regulations for the importation of artificially dwarfed plants.
Importation of Avocados From Continental Spain
Document Number: 2013-12679
Type: Proposed Rule
Date: 2013-05-29
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are reopening the comment period for our proposed rule that would allow the importation of avocados from continental Spain (excluding the Balearic Islands and Canary Islands) into the United States. This action will allow interested persons additional time to prepare and submit comments.
Availability of an Environmental Assessment for Field Testing a Canine Lymphoma Vaccine, DNA
Document Number: 2013-12074
Type: Notice
Date: 2013-05-21
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 Lymphoma Vaccine, DNA. The environmental assessment, which is based on a risk analysis prepared to assess the risks associated with the field testing of this vaccine and related information, examines the potential effects that field testing this veterinary vaccine could have on the quality of the human environment. Based on the risk analysis and other relevant data, 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.
Forfeiture Procedures Under the Endangered Species Act and the Lacey Act Amendments
Document Number: 2013-12048
Type: Proposed Rule
Date: 2013-05-21
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
The Animal and Plant Health Inspection Service is one of the agencies that administers the provisions of the Endangered Species Act of 1973, as amended (ESA), and the Lacey Act Amendments of 1981, as amended, that pertain to plants. We are proposing to update our regulations that set forth our forfeiture procedures with regard to plants or plant products seized under the authority of the ESA and the Lacey Act. The proposed changes would make our regulations conform to the requirements of the Civil Asset Forfeiture Reform Act of 2000, increase the monetary threshold of those cases proceeding through judicial forfeiture, provide for the assessment of storage costs of seized property, and make the regulations easier to understand.
Monsanto Co.; Notice of Intent To Prepare an Environmental Impact Statement for Determination of Nonregulated Status of Herbicide Resistant Soybeans and Cotton, and Notice of Virtual Public Meeting
Document Number: 2013-11580
Type: Notice
Date: 2013-05-16
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are announcing to the public that the Animal and Plant Health Inspection Service (APHIS) intends to prepare an environmental impact statement (EIS) on environmental impacts that may result from the potential approval of two petitions from the Monsanto Company (Monsanto) seeking a determination of nonregulated status of herbicide resistant soybeans and cotton. Issues to be addressed in the EIS include the potential environmental impacts associated with the increased use of certain herbicides and possible selection for and spread of weeds resistant to the herbicide dicamba combined with resistance to other herbicides (multiple resistance). We are also requesting public comments to further delineate the scope of the alternatives and environmental impacts and issues to be included in this EIS. We are also announcing that APHIS will be hosting a virtual public meeting during the scoping period. The purpose of the scoping meeting will be to allow the public an opportunity to comment on the range of alternatives and environmental impacts and issues discussed in the EIS.
Dow AgroSciences LLC; Notice of Intent To Prepare an Environmental Impact Statement for Determination of Nonregulated Status of Herbicide Resistant Corn and Soybeans, and Notice of Virtual Public Meeting
Document Number: 2013-11579
Type: Notice
Date: 2013-05-16
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are announcing to the public that the Animal and Plant Health Inspection Service (APHIS) intends to prepare an environmental impact statement (EIS) on environmental impacts that may result from the potential approval of three petitions from Dow AgroSciences LLC seeking a determination of nonregulated status of herbicide resistant corn and soybeans. Issues to be addressed in the EIS include the potential environmental impacts associated with the increased use of certain herbicides and possible selection for and spread of weeds resistant to the herbicide 2,4-D combined with resistance to other herbicides (multiple resistance). We are also requesting public comments to further delineate the scope of the alternatives and environmental impacts and issues to be included in this EIS. We are also announcing that APHIS will be hosting a virtual public meeting during the scoping period. The purpose of the scoping meeting will be to allow the public an opportunity to comment on the range of alternatives and environmental impacts and issues discussed in the EIS.
Golden Nematode; Removal of Regulated Areas in Livingston and Steuben Counties, NY
Document Number: 2013-11323
Type: Rule
Date: 2013-05-13
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 golden nematode regulations by removing areas in Livingston and Steuben Counties in New York from the list of generally infested areas. Surveys have shown that certain areas in these two counties are free of golden nematode, and we determined that regulation of these areas was no longer necessary. As a result of that action, areas in Livingston and Steuben Counties in New York that had been listed as generally infested were removed from the list of areas regulated for golden nematode.
Cold Treatment for Fresh Fruits and Vegetables; MidAmerica St. Louis Airport, Mascoutah, IL
Document Number: 2013-11322
Type: Proposed Rule
Date: 2013-05-13
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to allow, under certain conditions, the cold treatment of imported fruits and vegetables upon arrival at the MidAmerica St. Louis Airport, Mascoutah, IL. We have determined that there are biological barriers at this port that, along with certain safeguards, would prevent the introduction of fruit flies and other insect pests into the United States in the unlikely event that they escape from shipments of fruits or vegetables before the fruits or vegetables undergo cold treatment. This action would facilitate the importation of fruit requiring cold treatment while continuing to provide protection against the introduction of fruit flies and other insect pests into the United States.
Black Stem Rust; Additions of Rust-Resistant Species and Varieties
Document Number: 2013-11318
Type: Rule
Date: 2013-05-13
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the black stem rust quarantine and regulations by adding two varieties to the list of rust-resistant Berberis species and varieties and one variety to the list of rust-resistant Mahonia species and varieties. This action will allow for the interstate movement of these newly developed varieties without unnecessary restrictions.
Asian Longhorned Beetle; Quarantined Areas in Ohio
Document Number: 2013-11312
Type: Rule
Date: 2013-05-13
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the Asian longhorned beetle regulations by adding a portion of Clermont County, OH, to the list of quarantined areas and restricting the interstate movement of regulated articles from that area. This action is necessary to prevent the artificial spread of the Asian longhorned beetle to noninfested areas of the United States.
Environmental Impact Statement; Feral Swine Damage Management
Document Number: 2013-11271
Type: Notice
Date: 2013-05-13
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that the Animal and Plant Health Inspection Service plans to prepare an environmental impact statement (EIS) to address the need for a national feral swine damage management program to protect agriculture, natural resources, property, and human health and safety. This notice identifies potential issues and alternatives that will be studied in the EIS, requests public comments to further delineate the scope of the alternatives and environmental impacts and issues, and provides notice of public meeting.
Notice of Request for Reinstatement of an Information Collection; National Animal Health Monitoring System; Dairy 2014 Study
Document Number: 2013-11030
Type: Notice
Date: 2013-05-09
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 a reinstatement of an information collection to support the National Animal Health Monitoring System's Dairy 2014 Study to support the dairy industry of the United States.
Horse Protection Act; Requiring Horse Industry Organizations To Assess and Enforce Minimum Penalties for Violations; Correction
Document Number: 2013-11028
Type: Rule
Date: 2013-05-09
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
In a final rule that was published in the Federal Register on June 7, 2012, and effective on July 9, 2012, we amended the horse protection regulations to require horse industry organizations or associations that license Designated Qualified Persons to assess and enforce minimum penalties for violations of the Horse Protection Act. This document corrects an error in that final rule.
Notice of Request for Extension of Approval of an Information Collection; Commercial Transportation of Equines for Slaughter
Document Number: 2013-11027
Type: Notice
Date: 2013-05-09
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 the regulations for the commercial transportation of equines to slaughtering facilities.
Notice of Request for Extension of Approval of an Information Collection; Importation of Table Eggs From Regions Where Newcastle Disease Exists
Document Number: 2013-11026
Type: Notice
Date: 2013-05-09
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 the regulations for the importation of table eggs from regions where Newcastle disease exists.
Importation of Jackfruit, Pineapple, and Starfruit From Malaysia Into the Continental United States
Document Number: 2013-10826
Type: Proposed Rule
Date: 2013-05-07
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the fruits and vegetables regulations to allow the importation of fresh jackfruit, pineapple, and starfruit from Malaysia into the continental United States. As a condition of entry, all three commodities would have to be irradiated for insect pests, inspected, and imported in commercial consignments. There would also be additional, commodity-specific requirements for other pests associated with jackfruit, pineapple, and starfruit from Malaysia. This action would provide for the importation of jackfruit, pineapple, and starfruit from Malaysia while continuing to provide protection against the introduction of quarantine pests.
Recordkeeping for Approved Livestock Facilities and Slaughtering and Rendering Establishments
Document Number: 2013-10825
Type: Rule
Date: 2013-05-07
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations regarding the interstate movement of livestock to require approved livestock facilities and listed slaughtering and rendering establishments to maintain certain records for 5 years. Currently, approved livestock facilities are required to retain certain records for 2 years, and there are no record retention provisions that apply to listed slaughtering and rendering establishments. Requiring the retention of certain records for 5 years will allow us to trace the prior movements of diseased livestock further into the past than is currently possible, thus providing the opportunity to locate potentially infected or exposed livestock that might otherwise remain unidentified. We are also requiring the operators of slaughtering and rendering establishments to sign listing agreements to document their agreement to comply with the requirements of the regulations for listed slaughtering and rendering establishments. Such agreements are currently required for approved livestock facilities, but not for slaughtering and rendering facilities. This change will eliminate that inconsistency.
Plants for Planting Whose Importation is Not Authorized Pending Pest Risk Analysis; Notice of Availability of Data Sheets for Taxa of Plants for Planting That Are Quarantine Pests or Hosts of Quarantine Pests
Document Number: 2013-10656
Type: Notice
Date: 2013-05-06
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that we have determined that 22 taxa of plants for planting are quarantine pests and 37 taxa of plants for planting are hosts of 9 quarantine pests and therefore should be added to our lists of taxa of plants for planting whose importation is not authorized pending pest risk analysis. We have prepared data sheets that detail the scientific evidence we evaluated in making the determination that the taxa are quarantine pests or hosts of quarantine pests. We are making these data sheets available to the public for review and comment.
Changes to Scrapie Flock Certification Program
Document Number: 2013-10543
Type: Notice
Date: 2013-05-03
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are giving notice of changes to the Scrapie Flock Certification Program (SFCP), a voluntary program for sheep and goat flock owners who wish to reduce and/or eliminate the risk of introducing classical scrapie into their flocks. In order to refocus the program's risk reduction strategy on animal sampling, we plan to eliminate the Complete Monitored category of the SFCP. This will affect all ``Complete Monitored'' and ``Certified'' flocks. Flock owners who are currently enrolled in the Complete Monitored or Certified category who wish to remain in the SFCP will be allowed to enroll in either the Select category or the Export category. This change will allow us to apply limited agency resources to areas that most effectively contribute to scrapie eradication, such as nationwide surveillance activities for the disease in sheep and goats.
Stine Seed Farm, Inc.; Extension of a Determination of Nonregulated Status of Corn Genetically Engineered for Herbicide Resistance
Document Number: 2013-10510
Type: Notice
Date: 2013-05-03
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that the Animal and Plant Health Inspection Service is extending to maize line HCEM485, which has been genetically engineered to be resistant to the herbicide glyphosate, our determination of nonregulated status of Roundup Ready[supreg] corn line GA21. Therefore, APHIS no longer considers maize line HCEM485 to be a regulated article under Agency regulations governing the introduction of certain genetically engineered organisms. Our decision is based on our evaluation of data submitted by Stine Seed Farm, Inc., in its request for an extension of a determination of nonregulated status, an analysis of other scientific data, and comments received from the public in response to a previous notice announcing our preliminary determination. This notice also announces the availability of our written determination, final environmental assessment, plant pest risk assessment, and our finding of no significant impact.
J.R. Simplot Co.; Availability of Petition for Determination of Nonregulated Status of Potato Genetically Engineered for Low Acrylamide Potential and Reduced Black Spot Bruise
Document Number: 2013-10504
Type: Notice
Date: 2013-05-03
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that the Animal and Plant Health Inspection Service (APHIS) has received a petition from the J.R. Simplot Company (Simplot) seeking a determination of nonregulated status of potatoes designated as Innate\TM\ potatoes (events E12, E24, F10, F37, J3, J55, J78, G11, H37, and H50), which have been genetically engineered for low acrylamide potential (acrylamide is a human neurotoxicant and potential carcinogen that may form in potatoes and other starchy foods under certain cooking conditions) and reduced black spot bruise. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Simplot petition available for review and comment to help us identify potential environmental and interrelated economic issues and impacts that APHIS may determine should be considered in our evaluation of the petition.
Controlled Import Permits
Document Number: 2013-10385
Type: Rule
Date: 2013-05-02
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations concerning the importation of plants and plant products by establishing the controlled import permit as a single type of authorization for the importation into the United States of otherwise prohibited or restricted plant material for experimental, therapeutic, or developmental purposes. Currently, some sections of the regulations provide for those articles to be imported under a departmental permit, while other sections provide for their importation under administrative instructions or conditions specified by the Administrator or Deputy Administrator. This action will consolidate and harmonize the conditions for obtaining authorization for the importation of otherwise prohibited or restricted plant material for scientific or certain other purposes.
Notice of Decision To Authorize the Importation of Fresh Barhi Dates From Israel
Document Number: 2013-10384
Type: Notice
Date: 2013-05-02
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public of our decision to authorize the importation into the United States of fresh dates of the cultivar Barhi from Israel. Based on the findings of a pest risk analysis, which we made available to the public for review and comment through a previous notice, we believe that the application of one or more designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh dates of the cultivar Barhi from Israel. In addition, based on the findings of a treatment evaluation document, we are advising the public of our decision to add a treatment schedule for Ceratitis capitata in Barhi dates to the Plant Protection and Quarantine Treatment Manual.
Importation of Fresh Beans, Shelled or in Pods, From Jordan Into the Continental United States
Document Number: 2013-10383
Type: Proposed Rule
Date: 2013-05-02
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the fruits and vegetables regulations to allow the importation of commercial shipments of fresh beans, shelled or in pods (French, green, snap, and string), from Jordan into the continental United States. As a condition of entry, the beans would have to be produced in accordance with a systems approach that would include requirements for packing, washing, and processing. The beans would also be required to be accompanied by a phytosanitary certificate attesting that all phytosanitary requirements have been met and that the consignment was inspected and found free of quarantine pests. This action would allow for the importation of fresh beans, shelled or in pods, from Jordan into the continental United States while continuing to provide protection against the introduction of plant pests.
Importation of Female Squash Flowers From Israel Into the Continental United States
Document Number: 2013-10382
Type: Proposed Rule
Date: 2013-05-02
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the regulations governing the importation of fruits and vegetables to allow the importation of female squash flowers from Israel into the continental United States. As a condition of entry, female squash flowers from Israel would be subject to a systems approach that would include requirements for pest exclusion at the production site and fruit fly trapping and monitoring. The female squash flowers would also be required to be accompanied by a phytosanitary certificate issued by the national plant protection organization of Israel with an additional declaration that the female squash flowers had been inspected and found free of quarantine pests. This action would allow for the importation of female squash flowers from Israel into the continental United States while continuing to provide protection against the introduction of quarantine pests.