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

On December 31, 2012, we published a final rule establishing regulations under which research facilities and dealers, exhibitors, intermediate handlers, and carriers must meet certain requirements for contingency planning and training of personnel. In this document, we are issuing a stay of those regulations in order that we may undertake a review of their requirements.

We are advising the public that the Animal and Plant Health Inspection Service has prepared a preliminary determination regarding a request from the Monsanto Company seeking a determination of nonregulated status of maize designated as MON 87427, which has been genetically engineered with tissue-selective resistance to glyphosate in order to facilitate the production of hybrid maize seed. 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.

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 to evaluate service delivery by Veterinary Services to the public.

We are reopening the comment period for our proposed rule that would restructure the regulations governing the importation of plants for planting. This action will allow interested persons additional time to prepare and submit comments. We are also giving notice of a conference call and Web presentation in which we will provide participants with an overview of the proposed rule.

We are amending the fruits and vegetables regulations to allow the importation of several varieties of fresh citrus fruit, as well as Citrus hybrids and the Citrus-related genus Fortunella, from Uruguay into the continental United States. As a condition of entry, the fruit will have to be produced in accordance with a systems approach that includes requirements for importation in commercial consignments, pest monitoring and pest control practices, grove sanitation and packinghouse procedures designed to exclude the quarantine pests, and treatment. The fruit also will have to be accompanied by a phytosanitary certificate issued by the national plant protection organization of Uruguay with an additional declaration confirming that the fruit is free from all pests of quarantine concern and has been produced in accordance with the systems approach. These actions will allow for the importation of fresh citrus fruit, including Citrus hybrids and the Citrus-related genus Fortunella, from Uruguay while continuing to protect the United States against the introduction of plant pests.

In response to recent amendments to the Lacey Act, we are establishing definitions for the terms ``common cultivar'' and ``common food crop'' and several related terms. The amendments to the Act expanded 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. Common cultivars and common food crops are among the categorical exclusions to the provisions of the Act. The Act does not define the terms ``common cultivar'' and ``common food crop'' but instead gives authority to the U.S. Department of Agriculture and the U.S. Department of the Interior to define these terms by regulation. Our definitions specify which plants and plant products will be excluded from the provisions of the Act, including the declaration requirement.