Animal and Plant Health Inspection Service 2019 – Federal Register Recent Federal Regulation Documents

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Notice of Request for a Revision to and Extension of Approval of an Information Collection; Tuberculosis
Document Number: 2019-16650
Type: Notice
Date: 2019-08-05
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 bovine and captive cervid tuberculosis regulations.
Notice of Availability of an Environmental Assessment for the Release of Aphalara Itadori for the Biological Control of Japanese, Giant, and Bohemian Knotweeds
Document Number: 2019-16581
Type: Notice
Date: 2019-08-02
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are reopening the comment period for an environmental assessment relative to permitting the release of Aphalara itadori for the biological control of Japanese, Giant, and Bohemian knotweeds (Fallopia japonica, F. sachalinensis, and F. x bohemica), significant invasive weeds, within the contiguous United States. This action will allow interested persons additional time to prepare and submit comments.
Availability of an Environmental Assessment for Field Testing of a Pseudogymnoascus destructans Vaccine, Live Raccoon Poxvirus Vector (RCN-CAL/SP)
Document Number: 2019-16580
Type: Notice
Date: 2019-08-02
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 Pseudogymnoascus destructans Vaccine, Live Raccoon Poxvirus Vector (RCN-CAL/SP). The environmental assessment, which is based on a risk analysis prepared to assess the risks associated with the field testing of this vaccine, examines the potential effects that field testing this veterinary vaccine could have on the quality of the human environment. Based on the risk analysis, 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.
Availability of an Environmental Assessment for Field Testing of a Pseudogymnoascus destructans Vaccine, Live Raccoon Poxvirus Vector (RCN-CAL/SP/ASPF2/PD-ENG2)
Document Number: 2019-16579
Type: Notice
Date: 2019-08-02
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 Pseudogymnoascus destructans Vaccine, Live Raccoon Poxvirus Vector (RCN-CAL/SP/ASPF2/PD-ENG2). The environmental assessment, which is based on a risk analysis prepared to assess the risks associated with the field testing of this vaccine, examines the potential effects that field testing this veterinary vaccine could have on the quality of the human environment. Based on the risk analysis, 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.
Westhoff Vertriebsgesellschaft mbH; Availability of Petition for Determination of Nonregulated Status of Petunias Genetically Engineered for Flower Color
Document Number: 2019-15837
Type: Notice
Date: 2019-07-25
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 Westhoff Vertriebsgesellschaft mbH (Westhoff) seeking a determination of nonregulated status of petunias containing the A1 gene of maize (A1-DFR Petunias), which have been genetically engineered to add a new color (orange) and brilliance. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Westhoff 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.
Pioneer Hi-Bred International, Inc.; Availability of Petition for Determination of Nonregulated Status for Enhanced Grain Yield Potential and Glufosinate-Ammonium Resistant DP202216 Maize
Document Number: 2019-15836
Type: Notice
Date: 2019-07-25
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 Pioneer Hi-Bred International, Inc. (Pioneer) seeking a determination of nonregulated status of a maize event designated as DP202216, which has been genetically engineered for enhanced grain yield potential and glufosinate-ammonium resistance. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Pioneer 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.
Notification of Decision To Authorize the Importation of Fresh Raspberry Fruit From Morocco Into the Continental United States
Document Number: 2019-15704
Type: Rule
Date: 2019-07-24
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public of our decision to authorize the importation into the continental United States of fresh raspberry fruit from Morocco. Based on the findings of a pest risk analysis, which we made available to the public for review and comment, we have determined 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 raspberries from Morocco.
Notice of Request for Revision to and Extension of Approval of an Information Collection; Importation of Live Poultry, Poultry Meat, and Other Poultry Products From Specified Regions
Document Number: 2019-15186
Type: Notice
Date: 2019-07-17
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 regulations for the importation of live poultry, poultry meat, and other poultry products from specified regions.
Recognition of Freedom From Citrus Longhorned Beetle and Asian Longhorned Beetle in Certain European Union Countries
Document Number: 2019-15185
Type: Notice
Date: 2019-07-17
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are notifying the public that we propose to update the U.S. Department of Agriculture Plants for Planting Manual by recognizing 22 European Union Member States as being free from citrus longhorned beetle (CLB) and Asian longhorned beetle (ALB) and removing them from the list of countries where CLB and ALB are present. We would also change the entry conditions in the manual for imports of certain host plant taxa of CLB and ALB from four of these countries (Belgium, Denmark, the Netherlands, and the United Kingdom) because they have previously approved genera exempted from the category of plants Not Authorized Pending Pest Risk Analysis. These changes would relieve certain restrictions on host plants of CLB and ALB from Belgium, Denmark, the Netherlands, and the United Kingdom while continuing to mitigate the risk of introducing quarantine pests into the United States.
Environmental Impact Statement; Fruit Fly Cooperative Control Program: Record of Decision
Document Number: 2019-14539
Type: Notice
Date: 2019-07-09
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
This notice advises the public of the Animal and Plant Health Inspection Service's record of decision for the final programmatic environmental impact statement titled ``Fruit Fly Cooperative Control Program.''
Notice of Availability of an Environmental Assessment; Southwestern Willow Flycatcher Conservation Program
Document Number: 2019-14538
Type: Notice
Date: 2019-07-09
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that the U.S. Department of Agriculture (USDA) and its sub-agency, the Animal and Plant Health Inspection Service (APHIS), are making available a draft environmental assessment for a conservation program pursuant to the Endangered Species Act to benefit the southwestern willow flycatcher, a small, neotropical migrant bird found in Arizona, California, Colorado, Nevada, New Mexico, Texas, and Utah. The draft environmental assessment examines the environmental effects associated with the selection of the program alternatives and conservation measures that USDA and APHIS propose to implement. We are making the draft environmental assessment available to the public for review and comment.
Oral Rabies Vaccine Program; Availability of an Environmental Assessment
Document Number: 2019-14536
Type: Notice
Date: 2019-07-09
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 (EA) relative to an oral rabies vaccination (ORV) program in Maine, New Hampshire, New York, Ohio, Tennessee, Texas, Vermont, Virginia, and West Virginia. The EA analyzes the proposed expanded use of ONRAB vaccine-baits throughout the ORV distribution zone in those States in cooperation with the U.S. Forest Service. The proposed expanded ONRAB vaccine distribution is necessary as a higher level of population immunity in raccoons is desired in order to maximize the effectiveness of ORV programs. We are making the EA available to the public for review and comment.
Addition of Bulgaria to the List of Regions Affected With Highly Pathogenic Avian Influenza
Document Number: 2019-14324
Type: Notice
Date: 2019-07-05
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that we added Bulgaria to the list of regions that the Animal and Plant Health Inspection Service considers to be affected by highly pathogenic avian influenza (HPAI). This action follows our imposition of HPAI-related restrictions on avian commodities originating from or transiting Bulgaria as a result of the confirmation of HPAI in Bulgaria.
Notice of Availability of an Environmental Assessment and Finding of No Significant Impact for the Biological Control of Brazilian Peppertree
Document Number: 2019-13705
Type: Notice
Date: 2019-06-27
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that we have prepared a final environmental assessment and finding of no significant impact relative to the release of Calophya latiforceps and Pseudophilothrips ichini for the biological control of Brazilian peppertree, a significant invasive weed, within the contiguous United States. Based on our finding of no significant impact, we have determined that an environmental impact statement need not be prepared.
Amendments to the Pale Cyst Nematode Regulations
Document Number: 2019-13610
Type: Proposed Rule
Date: 2019-06-26
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are reopening the comment period for our proposed rule that would amend the domestic quarantine regulations for pale cyst nematode by adding procedures that would allow persons to review and comment on the protocols for regulating and deregulating quarantine and associated areas. This action will allow interested persons additional time to prepare and submit comments.
Plant Pest Regulations
Document Number: 2019-13246
Type: Rule
Date: 2019-06-25
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are revising our regulations regarding the movement of plant pests. We are also adding criteria to the regulations for the importation, interstate movement, and release of biological control organisms. This final rule also establishes regulations to allow the interstate movement of certain plant pests and biological control organisms without restriction by granting exceptions from permit requirements for those pests and organisms. Finally, we are revising our regulations regarding the importation and interstate movement of soil. This rule clarifies the points that we will consider when assessing the risks associated with the movement and release of certain organisms and facilitates the movement of regulated organisms and articles in a manner that protects U.S. agriculture.
Notice of Request for Revision to and Extension of Approval of an Information Collection; Horse Protection Regulations
Document Number: 2019-13149
Type: Notice
Date: 2019-06-21
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 Horse Protection Program and enforcement of the Horse Protection Act.
Swine Health Protection Act; Amendments to Garbage Feeding Regulations
Document Number: 2019-13154
Type: Proposed Rule
Date: 2019-06-20
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the Swine Health Protection Act regulations by removing the State status lists from the regulations in order to maintain these lists on the Agency's website. These changes would allow us to use a notice-based, streamlined approach to update the lists while continuing to protect swine health in the United States.
Scrapie in Sheep and Goats; Correction
Document Number: 2019-12820
Type: Rule
Date: 2019-06-18
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
In a final rule that was published in the Federal Register on March 25, 2019, and effective on April 24, 2019, we amended the regulations by changing the requirements for records needed to trace animals and by adding provisions to link official individual animal identification applied by persons other than the flock owner to the flock of origin in the National Scrapie Database rather than just the person who applied the official identification. This document corrects an error in that final rule.
Concurrence With OIE Risk Designation for Bovine Spongiform Encephalopathy
Document Number: 2019-12654
Type: Notice
Date: 2019-06-17
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public of our preliminary concurrence with the World Organization for Animal Health's (OIE) bovine spongiform encephalopathy (BSE) risk designation for Nicaragua. The OIE recognizes this region as being of negligible risk for BSE. We are taking this action based on our review of information supporting the OIE's risk designation for this region.
Addition of Mongolia to the List of Regions Affected by African Swine Fever
Document Number: 2019-12067
Type: Notice
Date: 2019-06-10
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that we have added Mongolia to the list of regions that the Animal and Plant Health Inspection Service considers to be affected with African swine fever (ASF). We are taking this action because of the confirmation of ASF in Mongolia.
Environmental Impact Statement for Predator Damage Management in Idaho
Document Number: 2019-12066
Type: Notice
Date: 2019-06-10
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
The Animal and Plant Health Inspection Service plans to prepare an environmental impact statement (EIS) analyzing alternatives for predator damage management in Idaho. This notice proposes issues and alternatives for consideration in the EIS and requests public comments to further delineate the scope of the alternatives, the environmental issues, and other issues of public concern to be considered.
Notice of Availability of an Environmental Assessment; Importation of Plants in Approved Growing Media Into the United States
Document Number: 2019-12020
Type: Notice
Date: 2019-06-07
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are reopening the comment period for our draft programmatic environmental assessment for the importation of plants in approved growing media, which considers the potential environmental effects of a standardized set of pest risk mitigations for routine market requests to import plants in approved growing media. This action will allow interested persons additional time to prepare and submit comments.
Movement of Certain Genetically Engineered Organisms
Document Number: 2019-11704
Type: Proposed Rule
Date: 2019-06-06
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to revise our regulations regarding the movement (importation, interstate movement, and environmental release) of certain genetically engineered organisms in response to advances in genetic engineering and our understanding of the plant pest risk posed by them, thereby reducing regulatory burden for developers of organisms that are unlikely to pose plant pest risks. This proposed rule, which would mark the first comprehensive revision of the regulations since they were established in 1987, would provide a clear, predictable, and efficient regulatory pathway for innovators, facilitating the development of new and novel genetically engineered organisms that are unlikely to pose plant pest risks.
Approval of Laboratories To Conduct Official Testing; Consolidation of Regulations
Document Number: 2019-11278
Type: Proposed Rule
Date: 2019-05-30
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to consolidate the regulations governing diagnostic laboratory approval authorities for select animal diseases into a single regulation and establish a set of standard procedures which we may use to conduct future diagnostic laboratory approvals. The consolidated regulations would provide consistent inspection protocols, proficiency testing methods, quality system guidelines, and definitions. This would also facilitate the approval of additional laboratories in emergency situations. The consolidated regulations would serve to simplify regulatory oversight and compliance.
Animal Welfare; Amendments to Licensing Provisions and to Requirements for Dogs
Document Number: 2019-11031
Type: Proposed Rule
Date: 2019-05-28
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are reopening the comment period for our proposed rule that would amend the licensing requirements under the Animal Welfare Act regulations to promote compliance, reduce licensing fees, and strengthen existing safeguards that prevent individuals and businesses who have a history of noncompliance from obtaining a license or working with regulated animals. This action will allow interested persons additional time to prepare and submit comments.
Notice of Availability of an Environmental Assessment for the Release of Cheilosia urbana
Document Number: 2019-11027
Type: Notice
Date: 2019-05-28
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 relative to permitting the release of the hoverfly Cheilosia urbana for the biological control of invasive hawkweeds (Pilosella species) within the contiguous United States. Based on the environmental assessment and other relevant data, we have reached a preliminary determination that the release of these control agents will not have a significant impact on the quality of the human environment. We are making the environmental assessment available to the public for review and comment.
Notice of Availability of an Environmental Assessment for the Release of Aphalara Itadori for the Biological Control of Japanese, Giant, and Bohemian Knotweeds
Document Number: 2019-11026
Type: Notice
Date: 2019-05-28
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 relative to permitting the release of Aphalara itadori for the biological control of Japanese, Giant, and Bohemian knotweeds (Fallopia japonica, F. sachalinensis, and F. x bohemica), significant invasive weeds, within the contiguous United States. Based on the environmental assessment and other relevant data, we have reached a preliminary determination that the release of this biological control organism will not have a significant impact on the quality of the human environment. We are making the environmental assessment available to the public for review and comment.
Notice of Decision To Revise Conditions Governing the Importation of Fresh Peppers From the Republic of Korea Into the Continental United States
Document Number: 2019-09514
Type: Notice
Date: 2019-05-09
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public of our decision to revise the conditions regarding the importation into the continental United States of peppers from the Republic of Korea. We have decided that the mesh size of screenings over vent openings can be increased from 0.6 mm to 1.6 mm, provided that sticky traps are used as an additional measure for pest monitoring. This action modifies the conditions under which peppers from the Republic of Korea may be imported into the continental United States while continuing to protect against the introduction of quarantine pests.
Notice of Availability of a Pest Risk Analysis for the Importation of Fresh Pepper Fruit From Colombia Into the Continental United States
Document Number: 2019-09512
Type: Notice
Date: 2019-05-09
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with importation of fresh pepper fruit from Colombia into the continental United States. Based on the analysis, we have determined 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 pepper fruit from Colombia. We are making the pest risk analysis available to the public for review and comment.
Importation of Dianthus spp. From Kenya
Document Number: 2019-09511
Type: Notice
Date: 2019-05-09
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are notifying the public that we propose to make changes to the import requirements in the U.S. Department of Agriculture (USDA) Plants for Planting Manual for imports of Dianthus spp. (carnation) cuttings from Kenya. Currently, Dianthus spp. cuttings from Kenya require mandatory postentry quarantine within the United States. We are proposing to allow Dianthus spp. cuttings from Kenya to be imported into the United States without postentry quarantine, subject to certain conditions. These changes to the USDA Plants for Planting Manual would relieve restrictions on Dianthus spp. cuttings from Kenya while continuing to address the possible introduction of quarantine pests through the importation of such cuttings. We are making these changes available to the public for review and comment.
General Conference Committee of the National Poultry Improvement Plan; Meeting
Document Number: 2019-09015
Type: Notice
Date: 2019-05-03
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are giving notice of a meeting of the General Conference Committee of the National Poultry Improvement Plan.
Notice of Availability of a Pest Risk Analysis for the Importation of Fresh Mamey Sapote Fruit From Mexico Into the Continental United States
Document Number: 2019-08970
Type: Notice
Date: 2019-05-02
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with importation of fresh mamey sapote fruit from Mexico into the continental United States. Based on the analysis, we have determined that the application of one or more phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh mamey sapote fruit from Mexico. We are making the pest risk analysis available to the public for review and comment.
Notice of Availability of a Pest Risk Analysis for the Importation of Fresh Mombin Fruit From Mexico Into the Continental United States
Document Number: 2019-08969
Type: Notice
Date: 2019-05-02
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with importation of fresh mombin fruit from Mexico into the continental United States. Based on the analysis, we have determined that the application of one or more phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh mombin fruit from Mexico. We are making the pest risk analysis available to the public for review and comment.
Notice of Availability of a Pest Risk Analysis for the Importation of Fresh Soursop Fruit From Mexico Into the Continental United States
Document Number: 2019-08966
Type: Notice
Date: 2019-05-02
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with importation of fresh soursop fruit from Mexico into the continental United States. Based on the analysis, we have determined that the application of one or more phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh soursop fruit from Mexico. We are making the pest risk analysis available to the public for review and comment.
Notice of Availability of a Pest Risk Analysis for the Importation of Fresh Sapodilla Fruit From Mexico Into the Continental United States
Document Number: 2019-08965
Type: Notice
Date: 2019-05-02
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with importation of fresh sapodilla fruit from Mexico into the continental United States. Based on the analysis, we have determined that the application of one or more phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh sapodilla fruit from Mexico. We are making the pest risk analysis available to the public for review and comment.
Notice of Availability of a Pest Risk Analysis for the Importation of Fresh Citrus From China Into the Continental United States
Document Number: 2019-08767
Type: Notice
Date: 2019-05-01
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with the importation of fresh citrus fruit (pomelo, Nanfeng honey mandarin, ponkan, sweet orange, and Satsuma mandarin) from China into the continental United States. Based on the analysis, we have determined that the application of one or more phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh citrus fruit from China. We are making the pest risk analysis available to the public for review and comment.
User Fees for Agricultural Quarantine and Inspection Services
Document Number: 2019-08394
Type: Rule
Date: 2019-04-26
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
On May 13, 2016, the Air Transport Association of America filed suit against the Animal and Plant Health Inspection Service (APHIS), claiming APHIS' 2015 final rule setting fee structures for its Agricultural Quarantine Inspection (AQI) program (Docket No. APHIS- 2013-0021, effective December 28, 2015) violated the Administrative Procedure Act. In its March 28, 2018 Order, the U.S District Court for the District of Columbia rejected challenges based on the calculations and methods for setting the fees and APHIS' adoption of the final rule. However, the Court also held that APHIS improperly relied on an expired provision in the relevant statute to justify its ability to levy a fee to support a reserve account. In so doing, the Court did ``not evaluate or rule on the agency's current argument that it has authority to fund a reserve'' pursuant to other statutory authority. In this clarification to the final rule, APHIS clarifies that, while we accept the court's holding that congressional authority under one specific provision of the statute to maintain a reasonable balance in the reserve account expired in 2002, this expiration does not abrogate our authority to collect for a reserve, as that authorization is written into other provisions of the statute. This interpretation is consistent with APHIS' long-standing precedent as set forth in prior rulemakings. The agency is only seeking comments related to the legal authority for the reserve component of AQI User Fee Program and is not reexamining any other aspect of the program at this time, including the AQI User Fee calculation.
Notice of Request for Reinstatement of an Information Collection; National Animal Health Monitoring System; Swine 2020 Study
Document Number: 2019-08351
Type: Notice
Date: 2019-04-25
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 the reinstatement of an information collection to conduct the National Animal Health Monitoring System's Swine 2020 Study.
Phytophthora ramorum; Regulated Areas, Regulated Establishments, and Testing Protocols
Document Number: 2019-07798
Type: Rule
Date: 2019-04-18
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the Phytophthora ramorum regulations to remove regulated areas for P. ramorum from the regulations, as well as all regulatory requirements specific to such areas. We are revising the inspection and sampling requirements for certain nurseries that are in areas quarantined for P. ramorum and that ship regulated nursery stock interstate to have them take into consideration additional potential sources of P. ramorum inoculum at the nurseries. Finally, we are establishing conditions under which we would regulate nurseries located outside of the quarantined areas for P. ramorum, if sources of P. ramorum inoculum are detected at those nurseries and the nurseries ship certain articles interstate. These changes will provide regulatory relief to nurseries in areas that are regulated for P. ramorum, while also ensuring that nurseries that may pose a risk of disseminating P. ramorum through the interstate movement of regulated nursery stock are subject to measures that address this risk.
Notice of Proposed Revision To Import Requirements for the Importation of Fresh Fragrant Pears From China Into the United States
Document Number: 2019-07665
Type: Notice
Date: 2019-04-17
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that we have prepared a pest risk analysis relative to the importation into the United States of fragrant pears from an additional area of production in China. Based on the findings of the analysis, we are proposing to authorize the importation of fragrant pears from this additional area of production in China and revise the conditions under which fragrant pears from authorized areas of production in China may be imported into the United States. We are making the pest risk analysis available to the public for review and comment.
Draft Environmental Impact Statement and Preliminary Pest Risk Assessment for Permit for Release of Genetically Engineered Citrus Tristeza Virus
Document Number: 2019-07439
Type: Notice
Date: 2019-04-15
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are reopening the comment period for our notice that made available a draft environmental impact statement (EIS) and preliminary pest risk assessment (PRA) regarding the potential environmental impacts and plant pest risk associated with the proposed environmental release of genetically engineered Citrus tristeza virus. We have updated the EIS and PRA in light of recently published scientific research regarding the vectoring of Citrus tristeza virus, and are making the updated EIS and PRA available for public review and comment. This action will allow interested persons additional time to prepare and submit comments on these revised documents.
Notice of Availability of Proposed Changes to the National Poultry Improvement Plan Program Standards
Document Number: 2019-07214
Type: Notice
Date: 2019-04-11
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that proposed changes to the National Poultry Improvement Plan Program Standards are available for review and comment.
Notice of Availability of an Environmental Assessment; Importation of Plants in Approved Growing Media Into the United States
Document Number: 2019-07071
Type: Notice
Date: 2019-04-10
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that the Animal and Plant Health Inspection Service is making available a draft programmatic environmental assessment for the importation of plants in approved growing media. The programmatic environmental assessment considers the potential environmental effects of a standardized set of pest risk mitigations for routine market requests to import plants in approved growing media. The programmatic environmental assessment would eliminate the need to prepare a unique environmental assessment for each routine market request, thereby making the process for approving imports of plants in approved growing media simpler and more efficient. We are making the programmatic environmental assessment available to the public for review and comment.
BASF Plant Science, LP; Availability of a Draft Plant Pest Risk Assessment and Draft Environmental Assessment for Canola Genetically Engineered for Altered Oil Profile and Resistance to an Imidazolinone Herbicide
Document Number: 2019-06630
Type: Notice
Date: 2019-04-04
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that the Animal and Plant Health Inspection Service is making available for public comment a draft plant pest risk assessment (PPRA) and draft environmental assessment (EA) for canola designated as event LBFLFK, which has been genetically engineered (GE) to allow for the synthesis of long chain omega-3 polyunsaturated fatty acids, including eicosapentaenoic acid and docosahexaenoic acid, from oleic acid in canola seed. The GE canola has also been genetically engineered for resistance to an imidazolinone herbicide. We are making the draft PPRA and draft EA available for public review and comment.
Evaluation and Recognition of the Animal Health Status of Compartments
Document Number: 2019-06473
Type: Proposed Rule
Date: 2019-04-03
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to establish standards to allow us to recognize compartments for animal disease status, consistent with World Organization for Animal Health international standards. Under this proposed rule, when a foreign government submits a request for recognition of a compartment, we would conduct a disease risk assessment based on a list of eight factors that closely parallel those we use when conducting regionalization evaluations, and we would provide for public notice of and comment on the risk assessment. We would also add provisions for imposing import restrictions and/or prohibitions when a compartment we have recognized as disease-free experiences an outbreak and for lifting those sanctions once the outbreak has been controlled. These proposed standards would provide a tool that may be used to preserve international trade when regionalization is not feasible.
Brucellosis and Bovine Tuberculosis; Update of General Provisions
Document Number: 2019-05851
Type: Proposed Rule
Date: 2019-03-27
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are announcing a partial withdrawal of a proposed rule published in the Federal Register on December 16, 2015, that, if finalized, would have consolidated the regulations governing bovine tuberculosis and those governing brucellosis. Specifically, we are withdrawing those portions of the proposed rule that would have affected the provisions governing our domestic brucellosis and tuberculosis programs. We are taking this action after considering the comments we received following the publication of the proposed rule.
Addition of China to the List of Regions Affected by African Swine Fever
Document Number: 2019-05680
Type: Notice
Date: 2019-03-26
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that we have added China to the list of regions that the Animal and Plant Health Inspection Service considers to be affected with African swine fever (ASF). We are taking this action because of the confirmation of ASF in China.
Supplemental Requirements for Importation of Fresh Citrus From Colombia Into the United States
Document Number: 2019-05679
Type: Notice
Date: 2019-03-26
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are affirming the supplemental requirements we added for the importation of fresh sweet orange, grapefruit, mandarin, clementine, and tangerine fruit from Colombia into the United States. In a previous notice, we made available to the public for review and comment supplemental requirements for mitigating pest risks posed by the importation of those commodities from Colombia into the United States. We also made available a pest risk assessment and commodity import evaluation document. After reviewing the comments we received on those documents, we are affirming the supplemental requirements we added to the Fruits and Vegetables Import Requirements database.
Importation of Fresh Jujube Fruit From China Into the Continental United States
Document Number: 2019-05566
Type: Notice
Date: 2019-03-25
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with the importation of fresh jujube fruit from China into the continental United States. Based on the analysis, we have determined that the application of one or more phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh jujube fruit from China. We are making the pest risk analysis available to the public for review and comment.