Animal and Plant Health Inspection Service – Federal Register Recent Federal Regulation Documents
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Notice of Request for Extension of Approval of an Information Collection; National Animal Health Reporting System
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 support the National Animal Health Reporting System.
Availability of an Environmental Assessment for a Biological Control Agent for Arundo donax
We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment relative to the control of Arundo donax (giant reed, Carrizo cane). The environmental assessment considers the effects of, and alternatives to, the release of a wasp, Tetramesa romana, into the continental United States for use as a biological control agent to reduce the severity of A. donax infestations. We are making the environmental assessment available to the public for review and comment.
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. The declaration requirements of the Lacey Act became effective on December 15, 2008; however, enforcement of the declaration requirement will be phased in and will begin on April 1, 2009 (unless the implementation date must be delayed slightly for technical reasons as described below). The purpose of this notice is to inform the public of the Federal Government's revised plan to phase in enforcement of the declaration requirement and other implementation plans.
Notice of Request for Approval of an Information Collection; National Animal Health Laboratory Network
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 an information collection associated with the National Animal Health Laboratory Network.
Importation, Interstate Movement, and Release Into the Environment of Certain Genetically Engineered Organisms
We are reopening the comment period for our proposed rule that would revise our regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms. This action will allow interested persons additional time to prepare and submit comments.
Revision of the Hawaiian and Territorial Fruits and Vegetables Regulations
We are revising and reorganizing the regulations pertaining to the interstate movement of fruits and vegetables from Hawaii and the territories to consolidate requirements of general applicability and eliminate redundant requirements, update terms and remove outdated requirements and references, and make various editorial and nonsubstantive changes to the regulations to make them easier to use. We are also making substantive changes to the regulations including establishing criteria within the regulations that, if met, will allow us to approve certain new fruits and vegetables for interstate movement in the United States and to acknowledge pest-free areas in Hawaii and U.S. territories expeditiously, and removing the listing in the regulations of some specific commodities as regulated articles. These changes are intended to simplify and expedite our processes for approving certain regulated articles for interstate movement and acknowledging pest-free areas while continuing to allow for public participation in the processes. This final rule does not allow for the interstate movement of any specific new fruits or vegetables, nor does it alter the conditions for interstate movement of currently approved fruits or vegetables. These changes will make our domestic interstate movement regulations more consistent with our fruits and vegetables import regulations. The changes in this final rule will not alter the manner in which the risk associated with a regulated article interstate movement request is evaluated, nor will they alter the manner in which those risks are ultimately mitigated.
Official Animal Identification Numbering Systems
We are proposing to amend the domestic livestock regulations to require that when animal identification numbers (AINs) are used, only those numbers beginning with the 840 prefix will be recognized as official for use on all AIN tags applied to animals 1 year or more after the date on which this proposed rule is finalized. In addition, we are proposing to require that all new premises identification numbers (PINs) that are issued on or after the effective date of this rule use the seven-character alphanumeric code format. Official eartags that use a premises based numbering system issued after a 1-year phase- in period will be required to use the seven-character alphanumeric code format as well. Further, we are proposing several changes pertaining to the use of the U.S. shield on official eartags, numbering systems that use such eartags, and the correlation of those numbering systems with the PIN. These proposed changes are intended to achieve greater standardization and uniformity of official numbering systems and eartags used in animal disease programs and to enhance animal traceability, as discussed in previous Federal Register documents pertaining to the National Animal Identification System.
Importation of Hass Avocados From Peru
We are proposing to amend the fruits and vegetables regulations to allow the importation of Hass avocados from Peru into the continental United States. As a condition of entry, Hass avocados from Peru would have to be produced in accordance with a systems approach that would include requirements for importation in commercial consignments; registration and monitoring of places of production and packinghouses; grove sanitation; pest-free areas or trapping for fruit flies; surveys for the avocado seed moth; and inspection for quarantine pests by the national plant protection organization of Peru. Hass avocados from Peru would also be required to be accompanied by a phytosanitary certificate with an additional declaration stating that the avocados were grown, packed, and inspected and found to be free of pests in accordance with the proposed requirements. This action would allow for the importation of Hass avocados from Peru into the United States while continuing to provide protection against the introduction of quarantine pests.
Availability of Site-Specific Environmental Assessment, Pest Risk Assessment, and Finding of No Significant Impact for the Interstate Movement of Garbage From Hawaii to Oregon
We are advising the public that a site-specific environmental assessment, pest risk assessment, and finding of no significant impact have been prepared by the Animal and Plant Health Inspection Service relative to a request to allow the interstate movement of garbage from Hawaii to a landfill in the State of Oregon. The environmental analysis has been prepared to determine whether the request is consistent with the environmental effects and impacts analyzed in our February 2008 regional programmatic environmental assessment. The pest risk assessment evaluates the risks associated with the interstate movement of garbage from Hawaii to Oregon. Based on the finding of no significant impact, the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared.
Notice of Intent To Destroy Outdated Hog Cholera Vaccine Seed Stock
Notice is hereby given that the Animal and Plant Health Inspection Service is proposing to destroy outdated seed virus and other materials previously used to prepare hog cholera vaccine and antiserum.
Notice of Request for Extension of Approval of an Information Collection; Lacey Act Declaration Requirement; Plants and Plant Products
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 required by the Lacey Act for the importation of certain plants and plant products.
Importation of Cattle From Mexico; Addition of Port at San Luis, AZ
We are amending the regulations regarding the importation of cattle from Mexico by adding San Luis, AZ, as a port through which cattle that have been infested with fever ticks or exposed to fever ticks or tick-borne diseases may be imported into the United States. A new facility for the handling of animals is to be constructed on the Mexican side of the border at the port of San Luis, AZ, that will be equipped with facilities necessary for the proper chute inspection, dipping, and testing that are required for such cattle under the regulations. We are also amending the regulations to remove provisions that limit the admission of cattle that have been infested with fever ticks or exposed to fever ticks or tick-borne diseases to the State of Texas. The statutory requirement that limited the admission of those cattle to the State of Texas has been repealed. These changes will make an additional port of entry available and relieve restrictions on the movement of imported Mexican cattle within the United States.
Notice of Availability of Evaluations of the Highly Pathogenic Avian Influenza Subtype H5N1 Status of Germany and Poland
We are advising the public that the Animal and Plant Health Inspection Service has prepared evaluations of the animal health status of Germany and Poland relative to the H5N1 subtype of highly pathogenic avian influenza (HPAI). The evaluations present our evaluation of the HPAI H5N1 detection, control, and eradication measures in place in Germany and Poland during outbreaks of HPAI in 2006 and 2007, as well as our assessment of the present status of Germany and Poland with respect to HPAI subtype H5N1. We are making these evaluations available to the public for review and comment. If, after the close of the comment period, APHIS can identify no additional risk factors that would indicate that domestic poultry in Germany or Poland continue to be affected with HPAI H5N1, we would conclude that the importation of live birds, poultry carcasses, parts of carcasses, and eggs (other than hatching eggs) of poultry, game birds, or other birds from the affected regions of Germany and Poland presents a low risk of introducing HPAI H5N1 into the United States.
Viral Hemorrhagic Septicemia; Interstate Movement and Import Restrictions on Certain Live Fish
On September 9, 2008, we published an interim rule in the Federal Register to restrict the interstate movement and importation into the United States of live fish that are susceptible to viral hemorrhagic septicemia, a highly contagious disease of certain freshwater and saltwater fish. That interim rule was scheduled to become effective on November 10, 2008. Subsequently, on October 28, 2008, we published a notice in the Federal Register announcing the delay of the effective date of the interim rule until January 9, 2009. We are now delaying the effective date of the interim rule indefinitely to provide APHIS with time to make some adjustments to the interim rule that are necessary for the rule to be successfully implemented.
Change in Disease Status of Surrey County, England, Because of Foot-and-Mouth Disease
We are amending the regulations governing the importation of certain animals, meat, and other animal products into the United States by restoring Surrey County, England, to the list of regions of the world that are considered free of rinderpest and foot-and-mouth disease (FMD), and to the list of regions of the world considered free of rinderpest and FMD but subject to additional importation restrictions because of those regions' proximity to or trading relationships with FMD-affected regions. This final rule follows an interim rule that removed Surrey County, England, from those lists due to the detection of FMD in that region. Based on the results of a risk analysis concerning the FMD disease status of Surrey County, England, we have determined that Surrey County, England, can be added to the list of regions considered free of FMD. This rule relieves certain FMD-related prohibitions and restrictions on the importation of ruminants and swine and the fresh meat and other animal products of ruminants and swine into the United States from Surrey County, England.
Handling of Animals; Contingency Plans
We are extending the comment period for our proposed rule that would amend the Animal Welfare Act regulations to add requirements for contingency planning and training of personnel by research facilities and by dealers, exhibitors, intermediate handlers, and carriers. This action will allow interested persons additional time to prepare and submit comments.
Notice of Decision to Issue Permits for the Importation of Fresh White Asparagus From Senegal Into the Continental United States
We are advising the public of our decision to begin issuing permits for the importation into the continental United States of fresh white asparagus from Senegal. 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 white asparagus from Senegal.
Notice of Request for Revision and Extension of Approval of an Information Collection; National Poultry Improvement Plan
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 revision and extension of an information collection associated with regulations for the National Poultry Improvement Plan.
Notice of Request for Extension of Approval of an Information Collection; Revision of Fruits and Vegetables Import Regulations
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 regulations to allow importation of new fruits and vegetables into the United States.
Notice of Request for Revision and Extension of Approval of an Information Collection; Animal Welfare
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 revision and extension of an information collection associated with Animal Welfare Act regulations for the humane handling, care, treatment, and transportation of certain animals by dealers, research facilities, exhibitors, carriers, and intermediate handlers.
Importation of Baby Squash and Baby Courgettes From Zambia
We are amending the fruits and vegetables regulations to allow the importation into the continental United States of baby squash and baby courgettes from Zambia. As a condition of entry, both commodities must be produced in accordance with a systems approach that includes requirements for pest exclusion at the production site, fruit fly trapping inside and outside the production site, and pest-excluding packinghouse procedures. Both commodities must also be accompanied by a phytosanitary certificate with an additional declaration stating that the baby squash or baby courgettes have been produced in accordance with the requirements of the systems approach. This action will allow the importation of baby squash and baby courgettes from Zambia into the United States while continuing to provide protection against the introduction of quarantine pests.
Importation of Ash Plants
We are adopting as a final rule, without change, an interim rule that amended the regulations governing the importation of nursery stock to prohibit or restrict the importation of ash (Fraxinus spp.) plants for planting, except seed, from all foreign countries except for certain areas in Canada that are not regulated areas for emerald ash borer. The interim rule was necessary to prevent further introductions of emerald ash borer into the United States and to prevent the artificial spread of this destructive plant pest.
Citrus Canker; Movement of Fruit From a Quarantined Area; Bag Markings
We are adopting as a final rule, without change, an interim rule that amended the regulations governing the interstate movement of fruit from an area quarantined for citrus canker to extend the temporary exception that allows fruit to be packed for interstate movement in bags that are clearly marked with only a limited distribution statement, if those bags are then packed in a box that is marked with both the limited distribution statement and the statement ``Limited Permit: USDA-APHIS-PPQ.'' The interim rule extended the ending date for this temporary exemption from August 1, 2008, to August 1, 2010. The interim rule was necessary to provide for the continued use of existing inventories of bags in which regulated fruit are packed while maintaining safeguards against the movement of regulated fruit to commercial citrus-producing States.
Notice of Request for Extension of Approval of an Information Collection; PPQ Form 816; Contract Pilot and Aircraft Acceptance
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 contract pilot and aircraft acceptance associated with Plant Protection and Quarantine domestic, emergency, and biological control programs.
Pioneer Hi-Bred International, Inc.; Availability of Petition and Environmental Assessment for Determination of Nonregulated Status for Corn Genetically Engineered for Tolerance to Glyphosate and Acetolactate Synthase-Inhibiting Herbicides
We are advising the public that the Animal and Plant Health Inspection Service has received a petition from Pioneer Hi-Bred International, Inc., seeking a determination of nonregulated status for corn designated as transformation event 98140, which has been genetically engineered for tolerance to glyphosate and acetolactate synthase-inhibiting herbicides. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. In accordance with those regulations, we are soliciting comments on whether this genetically engineered corn is likely to pose a plant pest risk. We are also making available for public comment an environmental assessment for the proposed determination of nonregulated status.
Notice of Request for Extension of Approval of an Information Collection; Special Need Requests Under the Plant Protection Act
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 regulations to allow States to impose prohibitions or restrictions on specific articles in addition to those required by the Animal and Plant Health Inspection Service to help protect against the introduction and establishment of plant pests.
Public Meetings; National Tuberculosis Program Listening Sessions; Correction
We are correcting an error in a notice advising the public that the Animal and Plant Health Inspection Service will host a series of public meetings to provide the public with an opportunity to offer comments regarding current challenges and new approaches for future tuberculosis control methods and eradication in view of budgetary constraints. The notice, which was published in the Federal Register on November 20, 2008 (73 FR 70310), provided an incorrect location for the meeting to be held in Washington, DC.
Notice of Request for Extension of Approval of an Information Collection; Standards for Privately Owned Quarantine Facilities for Ruminants; Correction
We are correcting errors in our notice to request an extension of approval of an information collection associated with regulations for privately owned quarantine facilities for ruminants. The notice was published in the Federal Register on November 5, 2008 (73 FR 65821- 65822, Docket No. APHIS-2008-0116).
Notice of Request for Extension of Approval of an Information Collection; Importation of Swine and Swine Products From the European Union
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 regulations for the importation of swine and swine products from the European Union.
Notice of Request for Extension of Approval of an Information Collection; National Veterinary Accreditation Program; Correction
We are correcting errors in our notice to request an extension of approval of an information collection for the national veterinary accreditation program. The notice was published in the Federal Register on November 5, 2008 (73 FR 65820-65821, Docket No. APHIS-2008-0115).
Public Meetings; National Tuberculosis Program Listening Sessions
We are advising the public that the Animal and Plant Health Inspection Service will host a series of public meetings to provide the public with an opportunity to offer comments regarding current challenges and new approaches for future tuberculosis control methods and eradication in view of budgetary constraints.
Remove South Carolina From the Lists of States Approved To Receive Stallions and Mares From CEM-Affected Regions
We are amending the animal importation regulations by removing South Carolina from the lists of States approved to receive certain stallions and mares imported into the United States from regions affected with contagious equine metritis. This action is necessary because South Carolina no longer offers contagious equine metritis quarantine or treatment services and has requested removal from the lists.
Notice of Request for Extension of Approval of an Information Collection; Requirements for Requests To Amend Import Regulations
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 regulations for requests to import commodities not already authorized by 7 CFR part 319.
Notice of Request for Extension of Approval of an Information Collection; Importation of Baby Corn and Baby Carrots From Zambia
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 regulations for the importation of baby corn and baby carrots from Zambia.
Notice of Request for Extension of Approval of an Information Collection; Requirements for Recognizing the Animal Health Status of Foreign Regions
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 regulations for recognizing the animal health status of foreign regions.
Syngenta Seeds, Inc.; Availability of Petition and Environmental Assessment for Determination of Nonregulated Status for Corn Genetically Engineered To Produce an Enzyme That Facilitates Ethanol Production
We are advising the public that the Animal and Plant Health Inspection Service has received a petition from Syngenta Seeds, Inc., seeking a determination of nonregulated status for corn designated as transformation event 3272, which has been genetically engineered to produce a microbial enzyme that facilitates ethanol production. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. In accordance with those regulations, we are soliciting comments on whether this genetically engineered corn is likely to pose a plant pest risk. We are also making available for public comment an environmental assessment for the proposed determination of nonregulated status.
Importation of Eggplant From Israel
We are proposing to allow the importation of commercial shipments of fresh eggplant from Israel. As a condition of entry, the eggplant would be grown under a systems approach that would include requirements for pest exclusion at the production site, fruit fly trapping inside and outside the production site, and pest-excluding packinghouse procedures. The eggplant would also be required to be accompanied by a phytosanitary certificate issued by the Israeli national plant protection organization with an additional declaration confirming that the eggplant had been produced in accordance with the proposed requirements. This action would allow for the importation of commercial consignments of fresh eggplant from Israel into the United States while continuing to provide protection against the introduction of quarantine pests.
Importation, Interstate Movement, and Release Into the Environment of Certain Genetically Engineered Organisms; Correction
We are correcting an error in our proposed rule to revise the regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms. The proposed rule was published in the Federal Register on October 9, 2008 (73 FR 60008-60048, Docket No. APHIS 2008-0023).
Importation of Longan From Taiwan
We are proposing to allow the importation of commercial shipments of fresh longan with stems from Taiwan into the United States. As a condition of entry, the longan would be subject to cold treatment and special port-of-arrival inspection procedures for certain quarantine pests. In addition, the fruit would have to be accompanied by a phytosanitary certificate stating that the fruit was inspected and found to be free of certain pests, and the individual cartons or boxes in which the longan are shipped would have to be stamped or printed with a statement prohibiting their importation into or distribution in the State of Florida. This action would allow for the importation of commercial shipments of fresh longan with stems from Taiwan into the United States while continuing to provide protection against the introduction of quarantine pests into the United States.
Multi-Agency Informational Meeting Concerning Compliance With the Federal Select Agent Program; Public Meeting
This is to notify all interested parties, including individuals and entities possessing, using, or transferring biological agents and toxins listed in 7 CFR 331.3, 9 CFR 121.3, or 42 CFR 73.3, that a meeting will be held to provide specific regulatory guidance related to the Federal Select Agent Program established under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. The meeting is being organized by the U.S. Department of Agriculture's Animal and Plant Health Inspection Service, the Department of Health and Human Services' Centers for Disease Control and Prevention, and the Department of Justice's Federal Bureau of Investigation. Issues to be discussed include entity registration, security risk assessments, biosafety requirements, and security measures.
Notice of Request for Revision and Extension of Approval of an Information Collection; State-Federal Brucellosis Eradication Program
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 and extension of approval of an information collection associated with the State-Federal Brucellosis Eradication Program.
Notice of Request for Extension of Approval of an Information Collection; National Veterinary Accreditation Program
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 regulations for the national veterinary accreditation program.
Notice of Request for Extension of Approval of an Information Collection; Standards for Privately Owned Quarantine Facilities for Ruminants
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 regulations for privately owned quarantine facilities for ruminants.
Addition of Russia and Azerbaijan to the List of Regions Where African Swine Fever Exists
We are amending the regulations concerning the importation of animals and animal products by adding Russia and Azerbaijan to the list of regions where African swine fever exists. We are taking this action because outbreaks of African swine fever have been detected in Russia and Azerbaijan. This action will restrict the importation of pork and pork products into the United States from Russia and Azerbaijan and is necessary to prevent the introduction of African swine fever into the United States.
Viral Hemorrhagic Septicemia; Interstate Movement and Import Restrictions on Certain Live Fish
On September 9, 2008, we published an interim rule in the Federal Register (73 FR 52173-52189) to restrict the interstate movement and importation into the United States of live fish that are susceptible to viral hemorrhagic septicemia, a highly contagious disease of certain freshwater and saltwater fish. That interim rule was scheduled to become effective on November 10, 2008. We are delaying the effective date of the interim rule until January 9, 2009. This delay will provide APHIS with time to consider all comments and make some adjustments to the interim rule that may be necessary in order to successfully implement it.
General Conference Committee of the National Poultry Improvement Plan; Meeting
We are giving notice of a meeting of the General Conference Committee of the National Poultry Improvement Plan.
Special Need Requests Under the Plant Protection Act
We are amending our domestic quarantine regulations to establish a process by which a State or political subdivision of a State could request approval to impose prohibitions or restrictions on the movement in interstate commerce of specific articles that are in addition to the prohibitions and restrictions imposed by the Animal and Plant Health Inspection Service. The Plant Protection Act provides that States or political subdivisions of States may make such special need requests, but there are currently no procedures in place for their submission or consideration. This action establishes a process by which States may make a special need request.
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