[Federal Register Volume 70, Number 129 (Thursday, July 7, 2005)]
[Proposed Rules]
[Pages 39194-39199]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13313]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / 
Proposed Rules

[[Page 39194]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 03-016-1]


Cut Flowers From Countries With Chrysanthemum White Rust

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the cut flowers regulations to 
establish specific requirements for the importation of cut flowers that 
are hosts of chrysanthemum white rust (CWR) from countries where the 
disease is known to occur. We are also proposing to amend the nursery 
stock regulations to update lists of countries where CWR is known to 
occur. We are proposing these changes in order to make our cut flowers 
and nursery stock regulations consistent. This action is necessary 
because of numerous recent findings of CWR on cut flowers from Europe 
that pose a risk of introducing CWR in the United States.

DATES: We will consider all comments that we receive on or before 
September 6, 2005.

ADDRESSES: You may submit comments by any of the following methods:
     EDOCKET: Go to http://www.epa.gov/feddocket to submit or 
view public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once you have entered 
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this 
document.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 03-016-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to Docket No. 03-016-1.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for locating this 
docket and submitting comments.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: You may view APHIS documents published in the 
Federal Register and related information on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Ms. Sharon Porsche, Import Specialist, 
Commodity Import Analysis and Operation, PPQ, APHIS, 4700 River Road 
Unit 133, Riverdale, MD 20737-1231; (301) 734-5281.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR part 319 prohibit or restrict the 
importation of plants, plant parts, and related materials to prevent 
the introduction of plant pests and noxious weeds into the United 
States. The regulations in ``Subpart-Nursery Stock, Plants, Roots, 
Bulbs, Seeds, and Other Plant Products,'' Sec. Sec.  319.37 through 
319.37-14 (referred to below as the nursery stock regulations) 
restrict, among other things, the importation of living plants, plant 
parts, and seeds for propagation. Conditions governing the importation 
of cut flowers into the United States are contained in ``Subpart--Cut 
Flowers'' (Sec. Sec.  319.74-1 through 319.74-4, referred to below as 
the cut flowers regulations).
    Puccinia horiana Henn., a filamentous fungus and obligate parasite, 
is the causal agent of chrysanthemum white rust (CWR). CWR is a serious 
disease in nurseries, where it may cause complete loss of glasshouse 
chrysanthemum crops. The disease is indigenous to Japan, where it was 
noted in 1895, and it remained confined to China and Japan until 1963. 
However, since 1964, P. horiana has spread rapidly on infected imported 
cuttings and is now established in Europe, Africa, Australia, Central 
America, South America, and the Far East.
    CWR is not established in the United States and is a regulated pest 
for the United States. This disease has the potential to be extremely 
damaging to the commercial horticulture and florist industries if it 
becomes established in greenhouses within the United States. Section 
319.37-2 of the nursery stock regulations prohibits the importation of 
CWR-susceptible plant species from countries where the disease is 
established.
    CWR was detected and eradicated in California in 1991; since then, 
there have been repeated incidents of CWR in several coastal California 
counties. There were also CWR outbreaks in commercial nurseries in New 
Jersey, Oregon, and Washington between 1995 and 1997 and in dooryard or 
hobbyist plantings in New York and New Jersey in 1997. Whenever CWR has 
been detected in the United States, it has been eradicated through 
immediate and cooperative action by Federal and State officials.
    Plants for planting as well as cut flowers that are hosts can be a 
pathway for the introduction of CWR. Detections of CWR on cut flowers 
from Mexico and Venezuela, countries where the disease occurs, prompted 
APHIS to place administrative restrictions on cut flowers of CWR hosts 
from those countries because, in many cases, those cut flowers had been 
determined to be the pathway for the incursion of CWR into the United 
States. These restrictions are: (1) Cut flowers that are hosts of CWR 
are prohibited entry from Venezuela, (2) cut flowers that are hosts of 
CWR from Mexico are allowed entry into the United States if they are 
accompanied by a phytosanitary certificate issued by Mexico's national 
plant protection organization with an additional declaration that the 
shipment originated from an approved grower. The boxes and/or paperwork 
accompanying a shipment from Mexico must also be marked or stamped with 
the name of the approved grower.
    Numerous findings of CWR on cut flowers from the Netherlands in 
2003 prompted us to place administrative restrictions on certain cut 
flowers from the Netherlands also. These restrictions require cut 
flowers that are hosts of

[[Page 39195]]

CWR from the Netherlands be allowed entry into the United States if 
they are accompanied by a phytosanitary certificate issued by the 
Netherlands. This certificate must contain an additional declaration 
stating that the place of production as well as the consignment have 
been inspected and found free of Puccinia horiana.
    Because of these findings from the Netherlands and the risk of 
introducing CWR posed from other countries where the disease is known 
to occur, we are proposing to establish new entry requirements for cut 
chrysanthemums from all regions where CWR is known to occur.
    Studies have shown that the following flowers are hosts of CWR (the 
studies cited are footnoted at the end of the table):

------------------------------------------------------------------------
 Accepted name of susceptible
            species                    Synonyms            Common name
------------------------------------------------------------------------
Chrysanthemum arcticum L.\1\..  Arctanthemum arcticum   Arctic
                                 (L.) Tzvelev and        chrysanthemum
                                 Dendranthema arcticum   and arctic
                                 (L.) Tzvelev.           daisy.
Chrysanthemum boreale (Makino)  Chrysanthemum indicum
 Makino\1,2\.                    L. var. boreale
                                 Makino and
                                 Dendranthema boreale
                                 (Makino) Ling ex
                                 Kitam.
Chrysanthemum indicum           Dendranthema indicum
 L.\1,2,3\.                      (L.) Des Moul.
Chrysanthemum japonense         Dendranthema japonense  Nojigiku.
 Nakai\1,2\.                     (Nakai) Kitam. and
                                 Dendranthema
                                 occidentali-japonense
                                 Kitam.
Chrysanthemum japonicum         Chrysanthemum makinoi   Ryuno-giku.
 Makino\1,2\.                    Matsum. & Nakai and
                                 Dendranthema
                                 japonicum (Makino)
                                 Kitam.
Chrysanthemum xmorifolium       Anthemis grandiflorum   Florist's
 Ramat.\2,4\.                    Ramat., Anthemis        chrysanthemum,
                                 stipulacea Moench,      chrysanthemum,
                                 Chrysanthemum sinense   and mum.
                                 Sabine ex Sweet,
                                 Chrysanthemum
                                 stipulaceum (Moench)
                                 W. Wight,
                                 Dendranthema
                                 xgrandiflorum
                                 (Ramat.) Kitam.,
                                 Dendranthema
                                 xmorifolium (Ramat.)
                                 Tzvelev, and
                                 Matricaria morifolia
                                 Ramat.
  Chrysanthemum pacificum       Ajania pacifica         Iso-giku.
   Nakai\1\.                     (Nakai) K. Bremer &
                                 Humphries and
                                 Dendranthema
                                 pacificum (Nakai)
                                 Kitam.
Chrysanthemum shiwogiku         Ajania shiwogiku        Shio-giku.
 Kitam\1\.                       (Kitam.) K. Bremer &
                                 Humphries and
                                 Dendranthema
                                 shiwogiku (Kitam.)
                                 Kitam.
Chrysanthemum yoshinaganthum    Dendranthema
 Makino ex Kitam\2\.             yoshinaganthum
                                 (Makino ex Kitam.)
                                 Kitam.
Chrysanthemum zawadskii and     Chrysanthemum arcticum
 Herbich subsp. yezoense         subsp. maekawanum
 (Maek.) Y. N. Lee\1\.           Kitam, Chrysanthemum
                                 arcticum var.
                                 yezoense Maek.
                                 [basionym],
                                 Chrysanthemum
                                 yezoense Maek.
                                 [basionym],
                                 Dendranthema yezoense
                                 (F. Maek.) D. J. N.
                                 Hind, and
                                 Leucanthemum yezoense
                                 (Maek.) [Aacute]
                                 L[ouml]ve & D.
                                 L[ouml]ve.
Chrysanthemum zawadskii and     Chrysanthemum
 Herbich subsp. zawadskii \1\.   sibiricum Turca. ex
                                 DC., nom. inval.,
                                 Dendranthema
                                 zawadskii (Herbich)
                                 Tzvelev, and
                                 Dendranthema
                                 zawadskii var.
                                 zawadskii.
Leucanthemella serotina (L.)    Chrysanthemum           Giant daisy or
 Tzvelev \3\.                    serotinum L.,           high daisy.
                                 Chrysanthemum
                                 uliginosum (Waldst. &
                                 Kit. ex Willd.)
                                 Pers., and Pyrethrum
                                 uliginosum (Waldst. &
                                 Kit. ex Willd.).
Nipponanthemum nipponicum       Chrysanthemum           Nippon daisy or
 (Franch. ex Maxim) Kitam \2\.   nipponicum (Franch.     Nippon-
                                 ex Maxim.) Matsum.      chrysanthemum.
                                 and Leucanthemum
                                 nipponicum Franch. ex
                                 Maxim.
------------------------------------------------------------------------
\1\ Water, J.K. ``Chrysanthemum White Rust,'' EPPO Bulletin, No. 11, pp.
  239-242 (1981).
\2\ Hiratsuka, N. ``Three species of Chrysanthemum rust in Japan and its
  neighboring districts,'' Sydowia, Series 2, Supplement 1, pp. 34-44
  (1957).
\3\ Dickens, J.K. kl., ``The resistance of various cultivars and species
  of chrysanthemum to white rust (Puccinia horiana Henn.),'' Plant
  Pathol, No. 17, pp. 19-22 (1968).
\4\ Yamada, S., ``Experiments on the epidemiology and control of
  chrysanthemum white rust caused by Puccinia horiana,'' Annals of the
  Phytopathological Society of Japan, No. 20, pp. 148-154 (1956).

    We are proposing to amend the cut flowers regulations to establish 
specific production and certification requirements that cut flowers of 
these types would have to meet in order to be eligible for importation 
from a region where CWR is known to occur. According to the information 
available to us,\1,2\ CWR is known to occur in the following regions: 
The countries of Andorra, Argentina, Australia, Belarus, Bosnia and 
Herzegovina, Brazil, Brunei, Bulgaria, Canary Islands, Chile, China, 
Colombia, Croatia, Hungary, Iceland, Japan, Korea, Latvia, 
Liechtenstein, Lithuania, Macedonia, Malaysia, Mexico, Moldova, Monaco, 
New Zealand, Peru, Poland, Republic of South Africa, Romania, Russia, 
San Marino, Slovakia, Slovenia, Switzerland, Taiwan, Thailand, Tunisia, 
Uruguay, Venezuela, Yugoslavia; the European Union (Austria, Belgium, 
Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, 
Netherlands, Portugal, Spain, Sweden, and United Kingdom); and all 
countries, territories, and possessions of countries located in part or 
entirely between 90[deg] and 180[deg] East longitude.
---------------------------------------------------------------------------

    \1\ CAB International Crop Protection Compendium, 2003 Edition.
    \2\ Pests not known to occur in the United States or of limited 
distribution, No. 57: Chrysanthemum white rust, prepared by K. 
Whittle, Biological Assessment Support Staff, PPQ, APHIS.
---------------------------------------------------------------------------

    We propose to require that all production sites in the regions 
where CWR is known to occur be registered with the national plant 
protection organization of the country in which the production site is 
located, and that the national plant protection organization present 
APHIS with a list of registered production sites. Production sites 
would be subject to inspections to verify the absence of Puccinia 
horiana, therefore we would require that APHIS-authorized inspectors 
and NPPO inspectors be granted access to all production sites and other 
areas necessary to monitor them.
    We would also require that cut flowers that are hosts to CWR and

[[Page 39196]]

imported from any of the countries where the disease is known to occur 
be accompanied by a phytosanitary certificate issued by the national 
plant protection organization of the country of origin. The certificate 
would have to contain an additional declaration stating that the place 
of production as well as the consignment have been inspected and found 
free of Puccinia horiana. In addition, we would require that box labels 
and documents accompanying each shipment identify the registered 
production site. Cut flowers not meeting these requirements would be 
refused entry into the United States.
    In addition, if any shipment of cut flowers is found to be infested 
with CWR upon arrival to the United States, we would prohibit imports 
from the originating production site until such time as APHIS and the 
national plant protection organization of the exporting country can 
agree that the eradication measures taken have been effective and the 
pest risk within the production site has been eliminated.
    We believe that these proposed measures are necessary because of 
numerous recent findings of CWR on cut flowers from Europe. Currently, 
the administrative procedures for importing cut flowers vary, depending 
on the originating country. These proposed measures are being applied 
administratively to cut flowers imported from Mexico and the 
Netherlands and have proved effective in preventing the introduction of 
CWR by cut flowers imported from these countries. Therefore, we are 
proposing to add these mitigation measures to the regulations for all 
regions where CWR is known to exist.
    This action would dispel the possible appearance of disparity in 
mitigation measures for different countries by consolidating all 
requirements for cut flowers imported from countries where CWR is known 
to occur. This action would also remove the current administrative 
prohibition on the importation of cut flowers that are hosts to CWR 
from Venezuela, provided they meet the import requirements discussed in 
the previous paragraphs.
    In addition to the changes discussed above, we would amend the 
entries for Chrysanthemum spp. and Dendranthema spp. in the table in 
Sec.  319.37-2(a) of the nursery stock regulations to update the list 
of CWR-affected countries found in each of those entries so that they 
match the list of regions we would establish in the cut flowers 
regulations. This change would ensure consistency in our regulations.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    We are proposing to amend the cut flowers regulations to establish 
specific requirements for the importation of cut flowers that are hosts 
of CWR from countries where the disease is known to occur. We are also 
proposing to amend the nursery stock regulations to update lists of 
countries where CWR is known to occur. This action is necessary because 
of numerous recent findings of CWR on cut flowers from Europe that pose 
a risk of introducing CWR in the United States.
    In 2002, U.S. floriculture and nursery crop sales were close to $14 
billion based on growers' receipts. Chrysanthemums were among the most 
profitable flowers for their growers. Total U.S. sales of 
chrysanthemums were estimated at $182.4 million in 2002. Of this 
amount, $78.1 million were attributed to florists' cut chrysanthemums 
and the remaining $104.3 million to potted (i.e., hardy) 
chrysanthemums. Chrysanthemums were not only one of the top four garden 
plants in terms of sales in 2002, they were also the garden plants with 
the second fastest price gains since 1995.\3\
---------------------------------------------------------------------------

    \3\ Floriculture and Nursery Crops Outlook/ Electronic Outlook 
Report from the Economic Research Service/ FLO-1/ September 12, 
2002/Alberto Jerardo.
---------------------------------------------------------------------------

    In 2002, 11 percent ($63 million) of the money spent on imported 
cut flowers was for chrysanthemums. About 76 percent of the cut flowers 
imported into the United States originate in countries where, based on 
interceptions by U.S. inspectors, CWR exists.
    APHIS has prepared a national management plan which describes 
procedures in the event a nursery in the United States is infected with 
CWR. The plan calls for the nursery to be placed into quarantine 
status. If there are very few infected chrysanthemum plants, the grower 
has the option to use a fungicide to control the disease or to destroy 
the crop by incineration. However, no plant should leave the nursery 
for 8 weeks or until the nursery has been inspected and certified as 
being free from CWR. In addition to these containment measures, the 
plan calls for an inspection of every chrysanthemum grower and every 
residence within a quarter mile to be inspected for CWR.\4\
---------------------------------------------------------------------------

    \4\ Rizvi, Anwar S., Roeland Elliston, and Philip Bell, 
``Chrysanthemum White Rust: A National Management Plan for Exclusion 
and Eradication'', June 2002.
---------------------------------------------------------------------------

    The fungicides most often recommended to fight the fungus Puccinia 
horiana Henn., which causes CWR, are Myclobutanil, Metam sodium, 
Dazomet, Chloropicrin, and methyl bromide. The cost of fungicide 
application varies, depending upon the plant size and number of leaves. 
A study by the National Agricultural Pesticide Impact Assessment 
Program and the University of California estimated the cost of 
different chemical treatments per acre of ornamental/nursery plants 
infected with fungus diseases, including CWR, by State. For field-grown 
nursery plants, all acreage was treated with fungicides. The treatment 
entailed spraying the flower plants with metam sodium, which costs $550 
per acre, and then applying an herbicide at $200 per acre, totaling 
$750 per acre. For greenhouse plants, the treatment costs to fight CWR 
or any other fungus are higher.\5\
---------------------------------------------------------------------------

    \5\ Exotic Pests and Diseases: Biology, Economics, Public 
Policy, 1999. Published by the Agricultural Issues Center. 
University of California at Davis: pp. 76-86.
---------------------------------------------------------------------------

    In 1994, a property in California was quarantined after it was 
found to have chrysanthemums infected with CWR. The State followed with 
a survey around the affected residential area and found 70 more 
properties in the area with infected chrysanthemums. It cost $32,000, 
about $500 per residence, to eradicate the disease. A second survey by 
the State conducted 8 weeks following the first treatment process found 
very few remaining infected properties. However, the quarantine lasted 
much longer the second time and the average cost per property reached 
$7,000.\6\
---------------------------------------------------------------------------

    \6\ See footnote 5.
---------------------------------------------------------------------------

    In 1995, chrysanthemum growers in San Diego County, CA, spent, on 
average, $5,000 per business establishment to fight a CWR infestation. 
The infestation was eradicated quickly and followed by an 8-week host-
free period. However, the cost reached $100,000 for one greenhouse that 
experienced repeated infestations and remained quarantined for 10 
months. Between 1992 and 1997, direct and indirect losses from CWR 
infestations to chrysanthemum growers in Santa Barbara County, CA, were 
approximately $2 million. The county reported an annual value of

[[Page 39197]]

chrysanthemum production of more than $10 million in 1997.\7\
---------------------------------------------------------------------------

    \7\ See footnote 5.
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Potential Effects

    The economic effects that could result from the proposed changes in 
the regulations are expected to be small for U.S. importers of cut 
chrysanthemums. The cost of the phytosanitary certification would be 
borne by the exporters, who may pass those costs on to U.S. importers. 
The expected benefit from the proposed change in import requirements 
for cut flowers from all CWR-affected countries is the protection of 
U.S. floriculture and nursery crop industries and the people they 
employ. In 2002, these two industries contributed $14 billion in sales 
revenue to the U.S. economy.

Potential Effects on Small Entities

    The Regulatory Flexibility Act requires that agencies specifically 
consider the economic effects their rules on small entities. The Small 
Business Administration has established the size standards based on the 
North American Industry Classification System (NAICS) for determining 
which economic entities meet the definition of a small firm. The small 
entity size standard for nursery and tree production (NAICS code 
111421) is $750,000 or less in annual receipts. A total of 1,691 
floriculture operations out of 10,965 operations had sales of $500,000 
or more. Thus, at least 85 percent of all floriculture operations can 
be classified as small entities, and it is likely that an even higher 
percentage can be classified as small entities due to the $250,000 
discrepancy.\8\
---------------------------------------------------------------------------

    \8\ National Agricultural Statistics Service, Agricultural 
Statistics Board, U.S. Department of Agriculture, 2001 Floriculture 
Crops.
---------------------------------------------------------------------------

    This proposed rule would continue to allow imports of cut 
chrysanthemums from CWR-affected countries, as long as the exporters 
from these countries comply with the proposed import requirements. We 
do not know the cost of certification in these countries compared to 
the average value of imported consignments of chrysanthemums, but it is 
expected to be minor. We do not expect that small entities in the U.S. 
floriculture industry will be significantly affected. However, the 
proposed requirements would help safeguard the U.S. floriculture and 
nursery industries from additional introductions of CWR.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. 03-016-1. 
Please send a copy of your comments to: (1) Docket No. 03-016-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 
River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance 
Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue 
SW., Washington, DC 20250. A comment to OMB is best assured of having 
its full effect if OMB receives it within 30 days of publication of 
this proposed rule.
    We are proposing to amend the cut flowers regulations to establish 
specific requirements for the importation of cut flowers that are hosts 
of CWR from countries where the disease is known to occur. We are also 
proposing to amend the nursery stock regulations to update lists of 
countries where CWR is known to occur. We are proposing these changes 
in order to make our regulations consistent. This action is necessary 
because of numerous recent findings of CWR on cut flowers from Europe 
that pose a risk of introducing CWR in the United States.
    We are proposing to require that each shipment of cut flowers must 
be accompanied by a phytosanitary certificate issued by the national 
plant protection organization of the country of origin that contains an 
additional declaration stating that the place of production as well as 
the consignment have been inspected and found free of Puccinia horiana.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.2294914 hours per response.
    Respondents: Foreign national plant protection organizations.
    Estimated annual number of respondents: 43,722.
    Estimated annual number of responses per respondent: 8.1428571.
    Estimated annual number of responses: 356,022.
    Estimated total annual burden on respondents: 81,704 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information pertinent to GPEA 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

List of Subjects in 7 CFR Part 319

    Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables


[[Page 39198]]


    Accordingly, we propose to amend 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

    1. The authority citation for part 319 would continue to read as 
follows:

    Authority: 7 U.S.C. 450 and 7701-7772; 21 U.S.C. 136 and 136a; 7 
CFR 2.22, 2.80, and 371.3

    2. In the table in Sec.  319.37-2(a), the entries for 
``Chrysanthemum spp. (chrysanthemum)'' and ``Dendranthema spp. 
(chrysanthemum)'' would be revised to read as follows:


Sec.  319.37-2  Prohibited articles.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                        Plant pests existing in
                                                                                         the places named and
 Prohibited article (includes seeds only     Foreign places from which prohibited          capable of being
       if specifically mentioned)                                                        transported with the
                                                                                          prohibited article
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Chrysanthemum spp. (chrysanthemum)......  Andorra, Argentina, Australia, Belarus,     Puccinia horiana P. Henn.
                                           Bosnia and Herzegovina, Brazil, Brunei,     (white rust of
                                           Bulgaria, Canary Islands, Chile, China,     chrysanthemum).
                                           Colombia, Croatia, Hungary, Iceland,
                                           Japan, Korea, Latvia, Liechtenstein,
                                           Lithuania, Macedonia, Malaysia, Mexico,
                                           Moldova, Monaco, New Zealand, Peru,
                                           Poland, Republic of South Africa,
                                           Romania, Russia, San Marino, Slovakia,
                                           Slovenia, Switzerland, Taiwan, Thailand,
                                           Tunisia, Uruguay, Venezuela, Yugoslavia;
                                           the European Union (Austria, Belgium,
                                           Denmark, Finland, France, Germany,
                                           Greece, Ireland, Italy, Luxembourg,
                                           Netherlands, Portugal, Spain, Sweden, and
                                           United Kingdom); and all countries,
                                           territories, and possessions of countries
                                           located in part or entirely between
                                           90[deg] and 180[deg] East longitude.
 
                                                  * * * * * * *
Dendranthema spp. (chrysanthemum).......  Andorra, Argentina, Australia, Belarus,     Puccinia horiana P. Henn.
                                           Bosnia and Herzegovina, Brazil, Brunei,     (white rust of
                                           Bulgaria, Canary Islands, Chile, China,     chrysanthemum).
                                           Colombia, Croatia, Hungary, Iceland,
                                           Japan, Korea, Latvia, Liechtenstein,
                                           Lithuania, Macedonia, Malaysia, Mexico,
                                           Moldova, Monaco, New Zealand, Peru,
                                           Poland, Republic of South Africa,
                                           Romania, Russia, San Marino, Slovakia,
                                           Slovenia, Switzerland, Taiwan, Thailand,
                                           Tunisia, Uruguay, Venezuela, Yugoslavia;
                                           the European Union (Austria, Belgium,
                                           Denmark, Finland, France, Germany,
                                           Greece, Ireland, Italy, Luxembourg,
                                           Netherlands, Portugal, Spain, Sweden, and
                                           United Kingdom); and all countries,
                                           territories, and possessions of countries
                                           located in part or entirely between
                                           90[deg] and 180[deg] East longitude.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    3. In Sec.  319.74-2, paragraph (d) would be redesignated as 
paragraph (e) and a new paragraph (d) would be added to read as 
follows:


Sec.  319.74-2  Conditions governing the entry of cut flowers.

* * * * *
    (d) Chrysanthemum white rust hosts. (1) The following 
Chrysanthemum, Leucanthemella, and Nipponanthemum spp. are considered 
to be hosts of chrysanthemum white rust:

------------------------------------------------------------------------
 Accepted name of susceptible
            species                    Synonyms            Common name
------------------------------------------------------------------------
Chrysanthemum arcticum L......  Arctanthemum arcticum   Arctic
                                 (L.) Tzvelev and        chrysanthemum
                                 Dendranthema arcticum   and arctic
                                 (L.) Tzvelev.           daisy.
Chrysanthemum boreale (Makino)  Chrysanthemum indicum
 Makino.                         L. var. boreale
                                 Makino and
                                 Dendranthema boreale
                                 (Makino) Ling ex
                                 Kitam.
Chrysanthemum indicum L.......  Dendranthema indicum
                                 (L.) Des Moul.
Chrysanthemum japonense Nakai.  Dendranthema japonense  Nojigiku.
                                 (Nakai) Kitam and
                                 Dendranthema
                                 occidentali-japonense
                                 Kitam.
Chrysanthemum japonicum Makino  Chrysanthemum makinoi   Ryuno-giku.
                                 Matsum. & Nakai and
                                 Dendranthema
                                 japonicum (Makino)
                                 Kitam.
Chrysanthemum x morifolium      Anthemis grandiflorum   Florist's
 Ramat.                          Ramat., Anthemis        chrysanthemum,
                                 stipulacea Moench,      chrysanthemum,
                                 Chrysanthemum sinense   and mum.
                                 Sabine ex Sweet,
                                 Chrysanthemum
                                 stipulaceum (Moench)
                                 W. Wight,
                                 Dendranthema x
                                 grandiflorum (Ramat.)
                                 Kitam., Dendranthema
                                 x morifolium (Ramat.)
                                 Tzvelev, and
                                 Matricaria morifolia
                                 Ramat.
Chrysanthemum pacificum Nakai.  Ajania pacifica         Iso-giku.
                                 (Nakai) K. Bremer &
                                 Humphries and
                                 Dendranthema
                                 pacificum (Nakai)
                                 Kitam.
Chrysanthemum shiwogiku Kitam.  Ajania shiwogiku        Shio-giku.
                                 (Kitam.) K. Bremer &
                                 Humphries and
                                 Dendranthema
                                 shiwogiku (Kitam.)
                                 Kitam.
Chrysanthemum yoshinaganthum    Dendranthema
 Makino ex Kitam.                yoshinaganthum
                                 (Makino ex Kitam.)
                                 Kitam.

[[Page 39199]]

 
Chrysanthemum zawadskii and     Chrysanthemum arcticum
 Herbich subsp. yezoense         subsp. maekawanum
 (Maek.) Y. N. Lee.              Kitam, Chrysanthemum
                                 arcticum var.
                                 yezoense Maek.
                                 [basionym],
                                 Chrysanthemum
                                 yezoense Maek.
                                 [basionym],
                                 Dendranthema yezoense
                                 (F. Maek.) D. J. N.
                                 Hind, and
                                 Leucanthemum yezoense
                                 (Maek.) [Aacute].
                                 L[ouml]ve & D.
                                 L[ouml]ve.
Chrysanthemum zawadskii and     Chrysanthemum
 Herbich subsp. zawadskii.       sibiricum Turcz. ex
                                 DC., nom. inval.,
                                 Dendranthema
                                 zawadskii (Herbich)
                                 Tzvelev, and
                                 Dendranthema
                                 zawadskii var.
                                 zawadskii.
Leucanthemella serotina (L.)    Chrysanthemum           Giant daisy or
 Tzvelev.                        serotinum L.,           high daisy.
                                 Chrysanthemum
                                 uliginosum (Waldst. &
                                 Kit. ex Willd.)
                                 Pers., and Pyrethrum
                                 uliginosum (Waldst. &
                                 Kit. ex Willd.).
Nipponanthemum nipponicum       Chrysanthemum           Nippon daisy or
 (Franch. ex Maxim.) Kitam.      nipponicum (Franch.     Nippon-
                                 ex Maxim.) Matsum.      chrysanthemum.
                                 and Leucanthemum
                                 nipponicum Franch. ex
                                 Maxim.
------------------------------------------------------------------------

    (2) Chrysanthemum white rust is considered to exist in the 
following regions: Andorra, Argentina, Australia, Belarus, Bosnia and 
Herzegovina, Brazil, Brunei, Bulgaria, Canary Islands, Chile, China, 
Colombia, Croatia, Cyprus, Hungary, Iceland, Japan, Korea, Latvia, 
Liechtenstein, Lithuania, Macedonia, Malaysia, Mexico, Moldova, Monaco, 
New Zealand, Norway, Peru, Poland, Republic of South Africa, Romania, 
Russia, San Marino, Slovakia, Slovenia, Switzerland, Taiwan, Thailand, 
Tunisia, Ukraine, Uruguay, Venezuela, Yugoslavia; the European Union 
(Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, 
Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, and United 
Kingdom); and all countries, territories, and possessions of countries 
located in part or entirely between 90[deg] and 180[deg] East 
longitude.
    (3) Cut flowers of any species listed in paragraph (d)(1) of this 
section may be imported into the United States from any region listed 
in paragraph (d)(2) of this section only under the following 
conditions:
    (i) The flowers must be grown in a production site that is 
registered with the national plant protection organization of the 
country in which the production site is located and the national plant 
protection organization must provide a list of registered sites to 
APHIS.
    (ii) Each shipment of cut flowers must be accompanied by a 
phytosanitary certificate issued by the national plant protection 
organization of the country of origin that contains an additional 
declaration stating that the place of production as well as the 
consignment have been inspected and found free of Puccinia horiana.
    (iii) Box labels and other documents accompanying shipments of cut 
flowers must be marked with the identity of the registered production 
site.
    (iv) APHIS-authorized inspectors must also be allowed access to 
production sites and other areas necessary to monitor the chrysanthemum 
white rust-free status of the production sites.
    (4) Cut flowers not meeting these conditions will be refused entry 
into the United States. The detection of chrysanthemum white rust in a 
shipment of cut flowers from a registered production site upon arrival 
in the United States will result in the prohibition of imports 
originating from the production site until such time when APHIS and the 
national plant protection organization of the exporting country can 
agree that the eradication measures taken have been effective and that 
the pest risk within the production site has been eliminated.
* * * * *

    Done in Washington, DC, this 30th day of June 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-13313 Filed 7-6-05; 8:45 am]
BILLING CODE 3410-34-P