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

We are giving notice of a meeting of the General Conference Committee of the National Poultry Improvement Plan.

We are proposing to 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. We are proposing these requirements because we believe all licensees and registrants should develop a contingency plan for all animals regulated under the Animal Welfare Act in an effort to better prepare for potential disasters. This action would heighten the awareness of licensees and registrants regarding their responsibilities and help ensure a timely and appropriate response should an emergency or disaster occur.

In accordance with the Agricultural Bioterrorism Protection Act of 2002, we are amending and republishing 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. This action implements the findings of the second biennial review of the list.

We are amending the regulations to recognize Minnesota for split-State status for tuberculosis. The entire State of Minnesota has been classified as modified accredited; however, all its affected herds are located in portions of four counties in the northwest corner of the State. We have determined that Minnesota meets our requirements for zone classification. Therefore, we are removing Minnesota from the list of modified accredited States, adding an area in the northwest corner to the list of modified accredited zones, and adding the remainder of the State to the list of modified accredited advanced zones. This action relieves restrictions on the interstate movement of cattle and bison from areas of Minnesota other than the modified accredited zone in the northwest corner.

We propose to revise our regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms in order to bring the regulations into alignment with provisions of the Plant Protection Act. The revisions would also update the regulations in response to advances in genetic science and technology and our accumulated experience in implementing the current regulations. This is the first comprehensive review and revision of the regulations since they were established in 1987. This rule would affect persons involved in the importation, interstate movement, or release into the environment of genetically engineered plants and certain other genetically engineered organisms.

We are giving notice that the Secretary of Agriculture intends to renew the General Conference Committee of the National Poultry Improvement Plan (Committee) for a 2-year period. The Secretary of Agriculture has determined that the Committee is necessary and in the public interest.

We are advising the public that we have made changes to the areas quarantined for Mexican fruit fly. The quarantined area was updated on July 15, 2008, by removing from quarantine the area in San Diego County, CA, that had been quarantined, and on August 20, 2008, by removing from quarantine the area in Willacy County, TX, that had been quarantined.

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 interstate movement of animals affected with Johne's disease.

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 Animal Welfare Act regulations for the humane handling, care, treatment, and transportation of certain animals by dealers, research facilities, exhibitors, carriers, and intermediate handlers.

We are amending 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. This action is necessary to prevent further introductions of this plant pest into the United States and to prevent the artificial spread of the emerald ash borer.

We are advising the public that we are making available a final version of our Business Plan to Advance Animal Disease Traceability. Based on comments that we received on our draft Business Plan, which we made available to the public for review and comment through a previous notice, we have amended the plan in order to provide greater clarity regarding the points of integration between the National Animal Identification System (NAIS) and existing State and Federal animal health programs and brand programs. We have also added more specificity regarding traceability strategies for several animal industries, an explanation of how the NAIS can help producers meet country of origin labeling requirements, and a detailed discussion of future plans regarding radio frequency identification of animals destined for import or export. We have also updated the plan to reflect the current budget for the NAIS, to adjust the benchmarks and target dates for implementation of animal traceability, and to make other, nonsubstantive changes. The final Business Plan retains the seven core strategies for harmonizing the NAIS with existing programs and methods that we outlined in our draft plan.

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 Rabies Vaccine, Live Raccoon Poxvirus Vector. 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.

We are amending the regulations to remove California from the list of accredited-free States for bovine tuberculosis and reclassify the State as modified accredited advanced. Because two affected cattle herds have been detected in California since November 2007, the State no longer meets our requirements for accredited-free status. This action is necessary to reduce the likelihood of the spread of bovine tuberculosis within the United States.

This document requests comment on the removal of the delay of applicability of certain provisions of the rule entitled ``Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities,'' published in the Federal Register on January 4, 2005, 70 FR 460-553. The delay of applicability was removed in a final rule entitled ``Bovine Spongiform Encephalopathy; Minimal-Risk Regions; Importation of Live Bovines and Products Derived from Bovines,'' published in the Federal Register on September 18, 2007, 72 FR 53314- 53379.

We are advising the public that we have made changes to the area in the State of Idaho that is quarantined to prevent the spread of potato cyst nematode. The description of the quarantined area was updated on June 27, 2008, when nine fields were released from designation as quarantined areas and four fields were added as quarantined areas.

We are adopting as a final rule, without change, an interim rule that amended the Karnal bunt regulations to remove certain areas or fields in Baylor, Knox, Throckmorton, and Young Counties, TX, from the list of regulated areas based on our determination that those fields or areas meet our criteria for release from regulation. The interim rule was necessary to relieve restrictions that are no longer necessary.

We are advising the public that the Animal and Plant Health Inspection Service has received a petition from the University of Florida seeking a determination of nonregulated status for papaya genetically engineered for resistance to the papaya ringspot virus derived from a transformation event designated as X17-2. 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 papaya is or could be a plant pest. We are also making available for public comment a draft environmental assessment for the proposed determination of nonregulated status.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations for the importation of citrus from Peru.

We are amending the regulations regarding the importation of live horses, ruminants, swine, and dogs by removing Panama from the lists of regions where screwworm is considered to exist. We are taking this action because the eradication of screwworm from Panama has been confirmed. This action will relieve certain screwworm-related certification and inspection requirements for live animals imported into the United States from Panama.

We are proposing to amend the fruits and vegetables regulations to allow fresh table grapes from Chile to be imported into the continental United States under a systems approach. Currently, as a condition of entry, all table grapes from Chile must be fumigated with methyl bromide as a risk-mitigation measure for Brevipalpus chilensis. Under this proposal, we would allow a combination of risk-mitigation measures, or systems approach, to be employed in lieu of methyl bromide fumigation. The systems approach would provide an alternative to methyl bromide while continuing to provide protection against the introduction of quarantine pests into the United States.

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 peppers from the Republic of Korea.

We are advising the public that an environmental assessment and finding of no significant impact has been prepared by the Animal and Plant Health Inspection Service relative to the environmental release of the gall wasp Aulacidea acroptilonica for the biological control of Russian knapweed (Acroptilon repens). The environmental assessment documents our review and analysis of environmental impact associated with, and alternatives to, the release of this biological control agent. 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.

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 Integrated Survey Information System.

We are reopening the comment period for our proposed rule that would amend the Animal Welfare Act regulations by adding minimum age requirements for the transport in commerce of animals. This action will allow interested persons additional time to prepare and submit comments.

We are advising the public of our decision to begin issuing permits for the importation into the continental United States of dragon fruit from Vietnam. 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 dragon fruit from Vietnam.