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

We are proposing to authorize the importation of Phalaenopsis spp. orchid plants from the Republic of Costa Rica in approved growing media into the United States, including territories. As a condition of entry, Phalaenopsis spp. orchid plants in approved growing media from the Republic of Costa Rica would have to meet all relevant requirements included in the U.S. Department of Agriculture Plants for Planting Manual and detailed in a bilateral workplan. This proposed action would allow for the importation of Phalaenopsis spp. orchid plants for planting from the Republic of Costa Rica in approved growing media while providing protection against the introduction of plant pests.

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 requirement of the Lacey Act became effective on December 15, 2008, and enforcement of that requirement is being phased in. We are amending the regulations to establish an exception to the declaration requirement for products containing a minimal amount of plant materials. This action would relieve the burden on importers while continuing to ensure that the declaration requirement fulfills the purposes of the Lacey Act.

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 Bursal Disease-Marek's Disease Vaccine, Serotype 3, Live Marek's Disease Vector. Based on the environmental assessment, risk analysis, and other relevant data, 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. We are making these documents available to the public for review and comment.

Pursuant to the Privacy Act of 1974 and Office of Management and Budget Circular No. A-108, the U.S. Department of Agriculture (USDA) gives notice that a component agency, the Animal and Plant Health Inspection Service (APHIS) proposes to add a new system of records to its inventory of records. The system of records being proposed is the APHIS Plant Protection and Quarantine's Lacey Act Declaration Information Systems (LADIS), USDA/APHIS-24. The purpose of this system is enable businesses to file Lacey Act declarations. LADIS collects these records as part of an effort to combat illegal timber imports and to protect global natural resources. Under the Lacey Act, it is unlawful to import certain plants and plant products without an import declaration. The records in LADIS contain information regarding imported shipments, description of shipments, and the name and address of the importer and consignee.

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 Federal recognition of a State's plant pest containment, eradication, or exclusion program as a Federally Recognized State Managed Phytosanitary Program.

We are advising the public of our decision to revise the import requirements for the importation of fresh Unshu oranges from Japan into the United States and to allow Unshu oranges from the island of Kyushu to be imported into any port of entry in the United States, excluding territories. We are also removing the fumigation requirement for Unshu oranges from the islands of Honshu and Shikoku. Based on the findings of our commodity import evaluations, which we made available to the public to review and comment through a previous notice, we have concluded 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 Unshu oranges into the United States from Japan, including the island of Kyushu.

This notice advises the public of the Animal and Plant Health Inspection Service's record of decision for the final environmental impact statement titled Record of Decision for the Programmatic Environmental Impact Statement for the Rangeland Grasshopper and Mormon Cricket Suppression Program.

On May 13, 2016, the Air Transport Association of America, Inc., and the International Air Transport Association filed suit against the United States Department of Agriculture, the Animal and Plant Health Inspection Service (APHIS), the Department of Homeland Security, Customs and Border Protection Agency (CBP), the Secretary of Agriculture, the Administrator of APHIS, the Commissioner of CBP, and the Secretary of Homeland Security, claiming APHIS' 2015 final rule setting fee structures for its Agricultural Quarantine and Inspection (AQI) program (Docket No. APHIS-2013-0021, effective December 28, 2015) (2015 Final Rule) violated the Food, Agriculture, Conservation and Trade Act of 1990 (FACT Act) and the Administrative Procedure Act (APA). In its March 28, 2018, Order, the U.S. District Court for the District of Columbia affirmed APHIS' cost methodology and the sufficiency of its data. Air Transport Ass'n of Am., Inc. v. U.S. Dep't of Agric., 303 F. Supp. 3d 28 (D.D.C. 2018). However, the Court held that in the rulemaking for the 2015 Final Rule, the ground upon which APHIS relied to justify setting fees at a level that enabled APHIS to maintain a reasonable balance in the AQI user fee account was an expired provision in the FACT Act. The Court remanded to APHIS the reserve portion of the 2015 Final Rule updating user fees for the AQI program. Accordingly, on April 26, 2019, APHIS published in the Federal Register a interpretative rule and request for comments, titled ``User Fees for Agricultural Quarantine and Inspection Services'' (Docket No. APHIS-2013-0021) (the Interpretive Rule). The Interpretive Rule clarified the agency's statutory authority to collect a reserve fund in support of AQI inspection activities, including by citing unexpired provisions of the FACT Act as the basis for collecting and maintaining a reserve. The Interpretive Rule requested public comment related to the legal authority for the reserve component of the AQI User Fee Program. This document responds to comments received on the Interpretive Rule and finalizes that rule.

We are advising the public that we have added Serbia to the list of regions that the Animal and Plant Health Inspection Service considers to be affected with African swine fever (ASF). We have taken this action because of confirmation of ASF in Serbia.

We are proposing to amend the regulations governing the National Poultry Improvement Plan (NPIP). These amendments would establish a U.S. Newcastle Disease Clean program within the NPIP, create an NPIP subpart specific to game birds, revise testing requirements, and clarify existing provisions of the regulations. We are also proposing to amend the regulations concerning the payment of indemnity and compensation for low pathogenic avian influenza to reflect current policy and operational practices, and to allow NPIP voting delegates to represent multiple States during the Biennial Conferences. These proposed changes were voted on and approved by the voting delegates at the NPIP's 2018 National Plan Conference.

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 regulations for the issuance of phytosanitary certificates for plants or plant products being exported to foreign countries.

In accordance with legislation implementing the results of the Uruguay Round of negotiations under the General Agreement on Tariffs and Trade, we are informing the public of the international standard- setting activities of the World Organization for Animal Health, the Secretariat of the International Plant Protection Convention, and the North American Plant Protection Organization, and we are soliciting public comment on the standard-setting activities.

We are amending 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 will allow us to use a notice-based, streamlined approach to update the lists while continuing to protect swine health in the United States.

We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with importation of fresh carrots from the Republic of Korea into the 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 carrots from the Republic of Korea. We are making the pest risk analysis available to the public for review and comment.

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 domestic quarantine regulations for preventing the spread of plant pests and diseases within 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 a revision to and extension of approval of an information collection associated with the regulations for the introduction of organisms and products altered or produced through genetic engineering.

Pursuant to the Privacy Act of 1974 and Office of Management and Budget Circular No. A-108, the U.S. Department of Agriculture (USDA) gives notice that a component agency, the Animal and Plant Health Inspection Service (APHIS), proposes to modify an existing system of records notice titled Veterinary ServicesAnimal Welfare, USDA/APHIS-8. Among other changes, the system will be renamed Animal Welfare Act and Horse Protection Act, USDA/APHIS-8.

We are advising the public of our determination to recognize Singapore as being free of foot-and-mouth disease (FMD). Based on our evaluation of the FMD status of Singapore, which we made available to the public for review and comment through a previous notice, the Administrator has determined that Singapore is free of FMD.

We are updating the Chronic Wasting Disease (CWD) Herd Certification Program Standards. In a previous notice, we made available to the public for review and comment proposed changes to the CWD Program Standards to provide guidance on how to meet CWD Herd Certification Program and interstate movement requirements.

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 Health Management on U.S. Feedlots 2020 Study.

We are advising the public that the Animal and Plant Health Inspection Service (APHIS) has received a petition from Monsanto Company seeking a determination of nonregulated status for cotton designated as MON 88702, which has been genetically engineered for resistance to certain insects, primarily Lygus spp. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Monsanto 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.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with the regulations for the importation of pork- filled pasta products into the United States.

We are advising the public that we have prepared a pest risk analysis relative to the importation into the United States of sand pears (Pyrus pyrifolia) fruit from Japan. Currently, sand pears may only be imported from certain authorized production areas within Japan. Based on the findings of the analysis, we are proposing to authorize the importation of sand pears from all of Japan, rather than specific areas of production, and to revise the conditions under which sand pears from Japan may be imported into the United States. We are making the pest risk analysis available to the public for review and comment.

We are advising the public that we have added Hong Kong to the list of regions that the Animal and Plant Health Inspection Services considers to be affected with African swine fever (ASF). We have taken this action because of confirmation of ASF in Hong Kong.

We are advising the public that we have added the Democratic People's Republic of Korea (DPRK) to the list of regions that the Animal and Plant Health Inspection Service considers to be affected with African swine fever (ASF). We have taken this action because of the confirmation of ASF in the DPRK.