The Animal and Plant Health Inspection Service has issued a proposed rule to establish a new process to provide the public with notice and the opportunity to comment on changes to phytosanitary treatment schedules, and to remove the lists of authorized treatments and schedules from its phytosanitary treatment regulations1 in order to integrate them into its Plant Protection and Quarantine (PPQ) Treatment Manual.
The Animal and Plant Health Inspection Service has issued its instructions and reconciliation form for the Lacey Act Blanket Declaration Pilot Program, which began on May 1, 2009.
The General Services Administration has posted to its RegInfo.gov Web site the spring 2009 semi-annual regulatory agendas for Federal government agencies.
The Los Angeles Harbor Commission has approved up to $44.2 million in Port funding toward the 2009 Clean Truck Incentive Program at the Port of Los Angeles. The funds will be used to offer concessionaires in the Port of Los Angeles Clean Truck Program (CTP) incentives of up to $80,000 for each Liquefied Natural Gas (LNG) or Compressed Natural Gas (CNG) truck they purchase. Port terminal operators or concessionaires can also receive up to 80 percent of negotiated cost for each electric truck they purchase for terminal or drayage truck use. (News release, dated 05/08/09, available at http://www.portoflosangeles.org/newsroom/2009_releases/news_050809_lng.asp)
The Lacey Act Declaration requirement is currently being enforced for nine Harmonized Tariff Schedule Chapter 44 headings (wood and articles of wood), except where such goods are cleared using Automated Line Release (ALR)/Border Release Advance Screening and Selectivity Program (BRASS)1.
The Animal and Plant Health Inspection Service has issued a notice announcing that it has prepared an evaluation of the animal health status of Suffolk and Norfolk Counties, England, relative to the H5N1 subtype of highly pathogenic avian influenza (HPAI). Comments are due by June 8, 2009. APHIS press release available here. (D/N APHIS-2009-0015, FR Pub 05/07/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-10630.pdf)
U.S. Customs and Border Protection has revised its guidance on how it will enforce the Lacey Act Declaration requirement for covered plants and plant products. The revision delays enforcement of the declaration requirement for Automated Line Release (ALR)/Border Release Advance Screening and Selectivity (BRASS) program participants another 30 days, until June 1, 2009.
The Animal and Plant Health Inspection Service has issued a release stating it will begin a pilot program on May 1, 2009, initially open to those entities currently participating in CBP's expedited border release program, Automated Line Release (ALR)/Border Release Advance Screening and Selectivity (BRASS), and whose products require a Lacey Act declaration during the current phase of enforcement. This pilot program will test the feasibility of collecting the information required using a periodic "blanket" declaration, with subsequent reconciliation reports. Entities currently participating in ALR or BRASS will be able to choose whether to remain active in the expedited program and participate in this pilot program or be removed from the expedited program. (See ITT's Online Archives or 05/01/09 news, 09050105, for BP summary.) (Release, available at http://www.aphis.usda.gov/plant_health/lacey_act/downloads/PilotProgramAnnoucement.pdf)
CBP recently posted guidance on how it will enforce the Lacey Act Plant Product Declaration requirement for covered products beginning May 1, 2009. Among other things, the guidance provided information on a new pilot program for current participants in the Automated Line Release (ALR)/Border Release Advance Screening and Selectivity (BRASS) program whose products require a Lacey Act declaration during the current phase of enforcement. CBP's instructions for the pilot covers ALR/BRASS shipments for June 2009; CBP did not provide (or did not clearly provide) instructions for ALR/BRASS participants entering covered products during the month of May.
According to an email from Trucking.org, on April 29, 2009, the U.S. District Court for the Central District of California issued its final ruling preliminarily enjoining certain Long Beach and Los Angeles Port Concession Plan requirements of the Clean Truck Program. Trucking.org states that the final ruling is essentially the same as the April 27, 2009 draft ruling (but with additional language set forth in footnotes 4, 16 & 21, addressing the ports' discretionary decision-making power, concession filing fees and the LA incentive payment program, respectively). For email copy of ruling, send requests to documents@brokerpower.com .