Animal and Plant Health Inspection Service February 2015 – Federal Register Recent Federal Regulation Documents
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Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select Agent and Toxin List
In accordance with the Agricultural Bioterrorism Protection Act of 2002, we are soliciting public comment regarding the list of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. The Act requires the biennial review and republication of the list of select agents and toxins and the revision of the list as necessary. Accordingly, we are soliciting public comment on the current list of select agents and toxins in our regulations and suggestions regarding any addition or reduction of the animal or plant pathogens currently on the list of select agents.
Notice of Availability of a Treatment Evaluation Document; Methyl Bromide Fumigation of Figs
We are advising the public that we have determined that it is necessary to immediately add to the Plant Protection and Quarantine Treatment Manual a new treatment schedule for methyl bromide fumigation of figs for external pests, including Chilean false red mite. We have prepared a treatment evaluation document that describes the new treatment schedule and explains why we have determined that it is effective at neutralizing these pests. We are making the treatment evaluation document available to the public for review and comment.
Highly Pathogenic Avian Influenza; Technical Amendment
In a final rule published in the Federal Register on December 1, 2014, and effective on that date, we adopted, with changes, an interim rule that amended the regulations concerning the importation of live birds and poultry (including hatching eggs) and bird and poultry products from regions where any subtype of highly pathogenic avian influenza (HPAI) is considered to exist. As part of this action, we intended to clarify that table eggs from regions considered to have HPAI may only be imported under APHIS permit for scientific, educational, or research purposes to approved establishments, and only if the Administrator has determined that the importation can be made under conditions that will prevent the introduction of HPAI into the United States. However, we did not add references to HPAI to one of the table egg provisions of the final rule as we intended. This document corrects that oversight.
Cattle Fever Tick; Importation Requirements for Ruminants From Mexico
We are amending the regulations to recognize the State of Sonora as a region in Mexico that is free of fever ticks. We are also establishing an exemption from acaricide dipping treatment requirements, and the documentation requirements associated with such dipping, that were formerly applicable to cattle and other ruminants originating from Sonora as a condition of eligibility for entry to the United States, provided that certain conditions are met. This action will remove restrictions on the importation of cattle and other ruminants from Sonora that we believe are no longer necessary and reduce the costs associated with tick dipping for exporters and importers of ruminants.
Exportation of Live Animals, Hatching Eggs, and Animal Germplasm From the United States
We are proposing to revise the regulations pertaining to the exportation of livestock from the United States. Among other things, we propose to remove most of the requirements for export health certifications, tests, and treatments from the regulations, and instead would direct exporters to follow the requirements of the importing country regarding such processes and procedures. We propose to retain only those export health certification, testing, and treatment requirements that we consider necessary to have assurances regarding the health and welfare of livestock exported from the United States. We also propose to allow pre-export inspection of livestock to occur at facilities other than an export inspection facility associated with the port of embarkation, under certain circumstances, and propose to replace specific standards for export inspection facilities and ocean vessels with performance standards. These changes would provide exporters and the Animal and Plant Health Inspection Service with more flexibility in arranging for the export of livestock from the United States while continuing to ensure the health and welfare of the livestock. Additionally, if a country is known to require an export health certificate for any animal other than livestock, including pets, or for any hatching eggs or animal germplasm, we propose to require that the animal, hatching eggs, or animal germplasm have an export health certificate to be eligible for export from the United States. This change would help ensure that all animals, hatching eggs, and animal germplasm exported from the United States meet the health requirements of the countries to which they are destined. Finally, we are proposing editorial amendments to the regulations to make them easier to understand and comply with.
Mexican Hass Avocado Import Program
Commercial consignments of Hass avocado fruit are currently authorized entry into the continental United States, Hawaii, and Puerto Rico from the Mexican State of Michoac[aacute]n under a systems approach to mitigate against quarantine pests of concern. We are proposing to amend the regulations to allow the importation of fresh Hass avocado fruit into the continental United States, Hawaii, and Puerto Rico from all of Mexico, provided individual Mexican States meet the requirements set out in the regulations and the operational workplan. Initially, this action would only apply to the Mexican State of Jalisco. With the exception of a clarification of the language concerning when sealed, insect-proof containers would be required to be used in shipping and the removal of mandatory fruit cutting at land and maritime borders, the current systems approach would not change. That systems approach, which includes requirements for orchard certification, limited production area, trace back labeling, pre- harvest orchard surveys, orchard sanitation, post-harvest safeguards, fruit cutting and inspection at the packinghouse, port-of-arrival inspection, and clearance activities, would then be required for importation of fresh Hass avocado fruit from all approved areas of Mexico. The fruit would also be required to be imported in commercial consignments and accompanied by a phytosanitary certificate issued by the national plant protection organization of Mexico with an additional declaration stating that the consignment was produced in accordance with the systems approach described in the operational workplan. This action would allow for the importation of fresh Hass avocado fruit from Mexico while continuing to provide protection against the introduction of plant pests into the continental United States, Hawaii, and Puerto Rico.
Okanagan Specialty Fruits, Inc.; Determination of Nonregulated Status of Apples Genetically Engineered To Resist Browning
We are advising the public of our determination that apple events developed by Okanagan Specialty Fruits, Inc., designated as events GD743 and GS784, which have been genetically engineered to resist browning, are 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 Okanagan Specialty Fruits, 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 notices 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.
Availability of an Environmental Assessment for the Biological Control of Emerald Ash Borer
We are advising the public that the Animal and Plant Health Inspection Service has prepared a draft environmental assessment relative to the control of emerald ash borer, Agrilus planipennis. The environmental assessment considers the effects of, and alternatives to, the field release of a parasitic wasp, Spathius galinae, into the continental United States for use as a biological control agent to reduce the severity of emerald ash borer infestations. We are making the environmental assessment available to the public for review and comment.
Notice of Request for Extension of Approval of an Information Collection; Importation of Peppers From the Republic of Korea
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 peppers from the Republic of Korea.
Notice of Request for Extension of Approval of an Information Collection; Citrus Canker, Citrus Greening, and Asian Citrus Psyllid; Interstate Movement of Regulated Nursery Stock
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 interstate movement of regulated nursery stock from quarantined areas to prevent the spread of citrus canker, citrus greening, and Asian citrus psyllid.
Notice of Availability of Proposed Changes to the National Poultry Improvement Plan Program Standards
We are advising the public that proposed changes to the National Poultry Improvement Plan Program Standards are available for review and comment.
Establishing a Performance Standard for Authorizing the Importation and Interstate Movement of Fruits and Vegetables
We are reopening the comment period for our proposed rule that would amend our regulations governing the importation and interstate movement of fruits and vegetables by broadening our existing performance standard to provide for approval of all new fruits and vegetables for importation or interstate movement into or within the United States using a notice-based process. This action will allow interested persons additional time to prepare and submit comments.
Implementation of Revised Lacey Act Provisions
The Food, Conservation, and Energy Act of 2008 amended the Lacey Act to provide, among other things, that importers submit a declaration at the time of importation for certain plants and plant products. Enforcement of the declaration requirement began on April 1, 2009, and products requiring a declaration are being phased-in. The purpose of this notice is to inform the public of another phase of the Federal Government's enforcement schedule.
U.S. Department of Agriculture Stakeholder Workshop on Coexistence
We are advising the public that the U.S. Department of Agriculture is holding a 2-day, invitation-only workshop on agricultural coexistence, the concurrent cultivation of conventional, organic, identity-preserved, and genetically engineered crops consistent with farmer choices and consumer preferences. The objective of the workshop is to advance an understanding of agricultural coexistence and discuss how to make coexistence achievable and a basic consideration for all stakeholders. Workshop participants will represent a broad range of interests and experience relating to agricultural coexistence. The public is invited to listen to or watch the workshop sessions via phone and/or Webcast, after which they will have the opportunity to provide comments on the proposals discussed.
Commuted Traveltime; Correction
In a final rule published in the Federal Register on April 1, 2005, and effective on April 1, 2005, we amended the regulations concerning overtime services provided by employees of the Agency's Plant Protection and Quarantine and Veterinary Services programs by adding or amending commuted traveltime allowances for travel between certain locations in Texas, New Mexico, and Mexico. In the final rule, two commuted traveltime allowances that should have appeared in the ``within the metropolitan area'' column were erroneously printed in the ``outside the metropolitan area'' column. This document corrects those errors.
Brucellosis Class Free States and Certified Brucellosis-Free Herds; Revisions to Testing and Certification Requirements
In a final rule that was published in the Federal Register on November 10, 2014, and effective on December 10, 2014, we adopted, with changes, an interim rule that amended the brucellosis regulations to, among other things, reduce the age at which most cattle and domestic bison are included in herd blood tests. In that amendment we intended to include all sexually intact cattle and domestic bison 18 months of age or older in herd blood tests, however we inadvertently omitted the words ``or older.'' This document corrects that error.
Notice of Availability of an Evaluation of the Classical Swine Fever, Foot-and-Mouth Disease, Swine Vesicular Disease, and Rinderpest Status of Croatia
We are advising the public that we determined that the Republic of Croatia is free of foot-and-mouth disease, swine vesicular disease, and rinderpest and is low risk for classical swine fever. We are making our determinations, as well as an evaluation we have prepared in connection with this action, available for review and comment.
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