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

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 for continuing the On-Farm Monitoring of Antimicrobial Use and Resistance in U.S. Broiler Production Study.

We are advising the public of our decision to authorize the importation of fresh ginseng roots (Panax ginseng C.A. Mey.) from the Republic of Korea into the United States. 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 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 ginseng roots from the Republic of Korea.

The Animal and Plant Health Inspection Service (APHIS) is reopening the comment period for our notice that proposes to modify an existing system of records titled, APHIS Animal Health Surveillance and Monitoring System, USDA/APHIS-15, which will be renamed Animal Health, Disease, and Pest Surveillance and Management System, USDA/APHIS-15. This system is used by APHIS to collect, manage, and evaluate animal health data for disease and pest control and surveillance programs. This action will allow interested persons additional time to prepare and submit comments.

We are notifying the public that we are updating the U.S. Department of Agriculture Plants for Planting Manual by recognizing the United Kingdom and 21 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 are also changing the entry conditions in the manual for imports of certain host plant taxa of CLB and ALB from 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 will relieve certain restrictions on imports of host plants of CLB and ALB into the United States from Belgium, Denmark, the Netherlands, and the United Kingdom while continuing to mitigate the risk of introducing quarantine pests into the United States.

This document corrects errors in amendatory instructions in the final rule entitled "Horse Protection Amendments," which was published in the Federal Register on May 8, 2024.

The Food, Conservation, and Energy Act of 2008 amended the Lacey Act to provide, in part, 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.

We are advising the public that the Animal and Plant Health Inspection Service has prepared a programmatic environmental assessment and finding of no significant impact relative to the Spotted Lanternfly Cooperative Control Program in the conterminous United States. The environmental assessment documents our review and analysis of environmental impacts associated with the Spotted Lanternfly Cooperative Control Program. Based on its finding of no significant impact, the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared.

We are amending the animal disease traceability regulations to require that eartags applied on or after a date 180 days after publication in the Federal Register of this final rule be both visually and electronically readable in order to be recognized for use as official eartags for interstate movement of cattle and bison covered under the regulations. We are also clarifying certain record retention and record access requirements and revising some requirements pertaining to slaughter cattle. These changes will enhance the ability of Tribal, State and Federal officials, private veterinarians, and livestock producers to quickly respond to high-impact diseases currently existing in the United States, as well as foreign animal diseases that threaten the viability of the U.S. cattle and bison industries.

We are amending the user fee regulations associated with the agricultural quarantine and inspection (AQI) program. Specifically, we are adjusting the fees for certain AQI services that are provided in connection with certain commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international passengers arriving at ports in the customs territory of the United States or precleared or preinspected at a site outside the customs territory of the United States; adjusting the caps on prepaid fees associated with commercial trucks and commercial railroad cars; and removing certain fee exemptions that are no longer justifiable based upon pathway analyses of risk. We are also revising requirements pertaining to remittances and statements. Specifically, we will require monthly rather than quarterly remittances for the commercial aircraft fee, international air passenger fee, and international cruise passenger fee, clarify our requirements, and provide for electronic payments and statements. We are also including in the regulations information on agents responsible for ensuring compliance with paying the user fees and the requirement for entities to notify the Animal and Plant Health Inspection Service in the event they have a change in personnel responsible for fee payments. These changes are necessary to recover the costs of the current level of AQI activity, to account for actual and projected increases in the cost of doing business, to increase fee payer accountability, and to more accurately align fees with the costs associated with each fee service.

In a final rule published in the Federal Register on September 14, 2023, and effective on October 16, 2023, we amended the regulations governing the importation of equines to better align our regulations with international standards, as well as to clarify existing policy or intent, and correct inconsistencies or outdated information. However, in amending the regulations for horses that are refused entry, we neglected to account for rare and specific situations in which an imported horse's death during travel can be determined to be unrelated to foreign animal disease risk. Additionally, in aiming to improve the readability of the regulations governing equines imported from Canada, we inadvertently changed the regulations to incorrectly read that certificates for horses from Canada must be issued and endorsed, rather than issued or endorsed, by a salaried veterinarian of the Canadian Government. This document corrects those errors.

We are advising the public that we have prepared pest risk analyses that evaluate the risks associated with the importation of leaves and stems of rosemary and leaves and stems of tarragon from Ethiopia into the continental United States. Based on the analyses, 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 rosemary and tarragon from Ethiopia. We are making the pest risk analyses available to the public for review and comment.

We are advising the public that we have added Kosovo and Mozambique to the list of regions that the Animal and Plant Health Inspection Service considers to be affected by highly pathogenic avian influenza (HPAI). These actions follow our imposition of HPAI-related restrictions on avian commodities originating from or transiting Kosovo or Mozambique, as a result of the confirmation of HPAI in these countries.

We are advising the public that the Animal and Plant Health Inspection Service (APHIS) has prepared a draft environmental impact statement (EIS) and draft plant pest risk assessment (PPRA) evaluating the potential environmental impacts and plant pest risk that may result from the approval of a petition for nonregulated status for maize developed using genetic engineering for dicamba, glufosinate, quizalofop, and 2,4-dichlorophenoxyacetic resistance with tissue- specific glyphosate resistance facilitating the production of hybrid maize seed. We are making the draft EIS and draft PPRA available for public review and comment.

We are giving notice that the Secretary of Agriculture is soliciting nominations for the election of a member at-large and regional members and their alternates for the General Conference Committee of the National Poultry Improvement Plan.

We are advising the public that the Animal and Plant Health Inspection Service has received a petition from Bayer U.S.-Crop Science seeking a determination of nonregulated status for maize (corn) event MON 95379 that has been developed using genetic engineering to produce two insecticidal proteins to protect against feeding damage caused by target lepidopteran pests. We are making the petition available for review and comment to help us identify potential issues and impacts that we may determine should be considered in our evaluation of the petition.

We are advising the public of our decision to authorize the importation of fresh Ugu leaves (Telfairia occidentalis Hook.f.) from Nigeria into the continental United States. Based on findings of a pest risk analysis, which we made available to the public for review and comment through a previous notice, 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 Ugu leaves from Nigeria.

In accordance with the Agricultural Bioterrorism Protection Act of 2002, we are proposing to amend and republish 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. This Act requires the biennial review and republication of the list of select agents and toxins and the revision of the list as necessary. This action would implement findings from the biennial review for the list. The biennial review was initiated within 2 years of the completion of the previous biennial review. In addition, we are proposing to add definitions for several terms; codify policies regarding the role of responsible officials and alternate responsible officials, conclusion of patient care, and annual internal inspections; and revise or clarify provisions related to validated inactivation procedures and viable select agent removal methods, recordkeeping, non-possession of select agents and toxins, electronic Federal Select Agent Programs, registration, Tier 1 enhancements, and exclusion of naturally infected animals. We are also proposing to add requirements for reporting discoveries of select agents and toxins, provisions regarding effluent decontamination system, biosafety provisions for facility verification requirements for registered biosafety level 3 and animal biosafety level 3 laboratories, a new requirement related to restricted experiments, and to correct editorial errors. These proposed changes would economically benefit producers, research and reference laboratories, and State and Federal oversight agencies, while also maintaining adequate program oversight of select agents and toxins.

We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with importation of fresh rhizomes of turmeric (Curcuma longa L.) for consumption from Mexico into the 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 rhizomes of turmeric from Mexico. We are making the pest risk analysis available to the public for review and comment.

We are reopening the comment period for our notice that proposes to add five new types of genetic modifications a plant can contain and be exempt from the regulations for the movement of organisms modified or produced through genetic engineering because such modifications could otherwise be achieved through conventional breeding methods. This action will allow interested persons additional time to prepare and submit comments.

We are advising the public that we have added Bosnia and Herzegovina and Kosovo to the Animal and Plant Health Inspection Service (APHIS) list maintained on the APHIS website of regions considered to be affected with African swine fever (ASF). We have taken this action because of the confirmation of ASF in those countries.

We are advising the public that we added Bolivia to the list of regions that the Animal and Plant Health Inspection Service considers to be affected with highly pathogenic avian influenza (HPAI). This action follows our imposition of HPAI-related restrictions on the importation of avian commodities originating from or transiting Bolivia as a result of the confirmation of HPAI in that country.

We are advising the public that we are proposing to add five new types of genetic modifications a plant can contain and be exempt from the regulations for the movement of organisms modified or produced through genetic engineering because such modifications could otherwise be achieved through conventional breeding methods. First, we propose any diploid or autopolyploid plant with any combination of loss of function modifications (i.e., a modification that eliminates a gene's function) in one to all alleles of a single genetic locus, or any allopolyploid plant with any combination of loss of function modifications in one or both alleles of a single genetic locus on up to four pairs of homoeologous chromosomes, without the insertion of exogenous DNA, would qualify for exemption. Second, we propose that any diploid or autopolyploid plant in which the genetic modification is a single contiguous deletion of any size, resulting from cellular repair of one or two targeted DNA breaks on a single chromosome or at the same location(s) on two or more homologous chromosomes, without insertion of DNA, or with insertion of DNA in the absence of a repair template, would qualify for exemption. Third, we propose to extend the modifications described in certain existing exemptions in the regulations to all alleles of a genetic locus on the homologous chromosomes of an autopolyploid plant. Fourth, we propose that plants with up to four modifications that individually qualify for exemption and are made simultaneously or sequentially would be exempt from regulation, provided that each modification is at a different genetic locus. Fifth, we propose that plants that have previously completed a voluntary review confirming exempt status and that have subsequently been produced, grown, and observed consistent with conventional breeding methods appropriate for the plant species, could be successively modified in accordance with the exemptions. This action would reduce the regulatory burden for developers of certain plants modified using genetic engineering that are not expected to pose plant pest risks greater than the plant pest risks posed by plants modified by conventional breeding methods.

We are advising the public that the Animal and Plant Health Inspection Service has prepared a programmatic environmental assessment relative to the Spotted Lanternfly Cooperative Control Program in the conterminous United States. The environmental assessment documents our review and analysis of environmental impacts associated with the Spotted Lanternfly Cooperative Control Program. We are making the programmatic environmental assessment available to the public for review and comment.

The Animal and Plant Health Inspection Service (APHIS) is correcting a notice that was published in the Federal Register on June 29, 2023. The notice announced APHIS' intention to request a revision to and extension of approval of an information collection associated with the importation of live swine, pork and pork products, and swine semen into the United States from the European Union and requested comments pursuant to the Paperwork Reduction Act of 1995. This document corrects the estimates provided for the associated activities and reopens the comment period.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request approval of a new information collection associated with the use of a mobile application to collect certain information needed to manage a comprehensive aquaculture health program.