[Federal Register Volume 70, Number 240 (Thursday, December 15, 2005)]
[Proposed Rules]
[Pages 74215-74235]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24031]
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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. 240 / Thursday, December 15, 2005 /
Proposed Rules
[[Page 74215]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 319, 330, and 340
[Docket No. 03-002-1]
Importation of Nursery Stock
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations on importing nursery
stock to eliminate various restrictions on the importation of plants in
vitro and kenaf seed; to establish programs for the importation of
approved plants from the Canary Islands and from Israel; to require an
additional declaration on the phytosanitary certificate accompanying
blueberry plants imported from Canada; to require that phytosanitary
certificates include the genus and species names of the restricted
articles they accompany; to change the phytosanitary certificate
requirements for several restricted articles; to reduce the postentry
quarantine growing period for Hydrangea spp. and for certain
chrysanthemums; and to update the list of ports of entry and Federal
plant inspection stations. We are also proposing several other changes
to update and clarify the regulations and improve their effectiveness.
These changes are necessary to relieve restrictions that appear
unnecessary, update existing provisions, and make the regulations
easier to understand and implement.
DATES: We will consider all comments that we receive on or before
February 13, 2006.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov and, in the ``Search for Open Regulations'' box,
select ``Animal and Plant Health Inspection Service'' from the agency
drop-down menu, then click on ``Submit.'' In the Docket ID column,
select APHIS-2005-0081 to submit or view public comments and to view
supporting and related materials available electronically. After the
close of the comment period, the docket can be viewed using the
``Advanced Search'' function in Regulations.gov.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 03-002-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 03-002-1.
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: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Arnold T. Tschanz, Senior Import
Specialist, Commodity Import Analysis and Operations, PPQ, APHIS, 4700
River Road Unit 133, Riverdale, MD 20737-1236; (301) 734-5306.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 319 prohibit or restrict the
importation of certain plants and plant products into the United States
to prevent the introduction of plant pests. The regulations contained
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 regulations), restrict, among other things, the
importation of living plants, plant parts, and seeds for propagation.
We are proposing to make several amendments to the regulations. Our
proposed amendments are discussed below by topic.
Definition of From
The definition of from in Sec. 319.37-1 provides that an article
is considered to be ``from'' any country or locality in which it was
grown. (If an article has been grown in two or more countries or
localities, APHIS inspectors consider that article to be ``from'' the
country or locality from which the importation of that article poses
the greatest pest risk when determining what, if any, restrictions
apply to the importation of that article.) The current regulations also
provide that an article imported into Canada from another country or
locality shall be considered as being solely ``from'' Canada if it is
imported into the United States directly from Canada after having been
grown for at least 1 year in Canada; has never been grown in a country
from which it would be a prohibited article or from which it would be
subject to special foreign inspection, certification, treatment, or
other requirements; was not grown in a country or locality from which
it would be subject to postentry quarantine requirements, unless it was
grown in Canada under postentry growing conditions equivalent to those
specified for the article in Sec. 319.37-7; and was not imported into
Canada in growing media.
We have previously limited this exception to Canada because we
believed that the pest risks associated with the importation of plants
from Canada were better known to us than those associated with plants
imported from other areas. However, articles from any area may be
considered to be ``from'' that area if they were previously imported
into the exporting area under conditions that are equivalent to those
that we would require if the articles had been imported into the United
States. From a phytosanitary perspective, if the articles met the
conditions for importation into the United States when they were
imported into the country from which they are subsequently exported,
there is no reason to impose any conditions on their importation other
than any that may apply to those articles exported from the exporting
country. For the same reasons, the current definition of from may place
an unnecessary burden on Canadian importers who wish to export imported
plants to the United States; under the current definition, plants may
only be considered to be ``from'' Canada if they have been grown there
for a year,
[[Page 74216]]
regardless of the duration for which regulations in Sec. 319.37-7
require the plants to be grown in postentry quarantine.
Additionally, under Article 2 of the World Trade Organization
Agreement on the Application of Sanitary and Phytosanitary Measures
(the SPS Agreement), the Animal and Plant Health Inspection Service
(APHIS) must not discriminate between countries where identical or
similar conditions prevail when regulating the importation of plants
and plant products. The definition of from provides an exception for
restricted articles that originated in another country or locality but
have been grown in accordance with postentry growing conditions
equivalent to those specified for the articles in Canada, but it does
not offer that exception for regulated articles exported from any other
country.
Therefore, we are proposing to amend the definition of from by
providing that a plant would be considered from an exporting country or
area when it was grown or propagated only in the exporting country or
area, or when it was grown in the exporting country or area after it
entered the exporting country or area from another country or area
under conditions that are equivalent to those that would be required by
the United States if the plant were imported into the United States
directly from any of the countries or areas where the plant was grown
prior to its entry into the exporting country or area. This change
would provide exporters and importers with greater flexibility while
continuing to prevent the introduction of plant pests into the United
States.
Definition of Inspector
The current definition of inspector in Sec. 319.37-1 reads: ``Any
employee of the Plant Protection and Quarantine Programs, Animal and
Plant Health Inspection Service, U.S. Department of Agriculture, or
other person, authorized by the Deputy Administrator in accordance with
law to enforce the provisions of the regulations in this subpart.''
This definition does not reflect the reassignment of certain
responsibilities from APHIS to the Department of Homeland Security's
Bureau of Customs and Border Protection by the Homeland Security Act of
2002. Therefore, we are proposing to replace the current definition of
inspector with a new definition that would read as follows: ``Any
individual authorized by the Administrator of APHIS or the Commissioner
of Customs and Border Protection, Department of Homeland Security, to
enforce the regulations in this part.''
Definition of Preclearance
Under the current regulations in Sec. 319.37-4(b), any restricted
article may be sampled and inspected by an inspector under preclearance
inspection arrangements in the country in which the article was grown
and must undergo any treatment contained in 7 CFR part 305 that is
ordered by the inspector. However, the current regulations in Sec.
319.37-1 do not include a definition of preclearance, which makes the
conditions under which sampling and inspection can take place in the
country of origin somewhat ambiguous.
Therefore, we are proposing to add a definition of preclearance to
Sec. 319.37-1. The definition we are proposing to add is consistent
with the definition of that term in the International Plant Protection
Convention's (IPPC) 2002 Glossary of Phytosanitary Terms (International
Standards for Phytosanitary Measures [ISPM] publication number 5).\1\
It would read: ``Phytosanitary certification and/or clearance in the
country in which the articles were grown, performed by or under the
regular supervision of APHIS.'' This change would clarify the existing
regulations.
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\1\ ISPMs may be viewed on the World Wide Web at https://
www.ippc.int/IPP/En/default.jsp. Click on the ``Standards'' link on
the home page to view the ISPMs.
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Plant Protection Act Definitions
In a final rule published in the Federal Register on August 14,
2000 (65 FR 49471-49472, Docket No. 00-063-1), the Secretary of
Agriculture delegated to the Animal and Plant Health Inspection Service
(APHIS) the authority to carry out title IV of the Agricultural Risk
Protection Act of 2000, known as the Plant Protection Act (Title IV,
Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 7701 et seq.). In that final
rule, we also stated our intent to make any other changes deemed
necessary as a result of the enactment of that law. We are proposing
here to amend several definitions and add several other definitions in
Sec. 319.37-1 to make the definitions in the regulations consistent
with those in the Plant Protection Act.
The proposed changes to the definitions are described below:
The current definition of person, which reads ``An
individual, corporation, company, society, or association,'' would be
revised to read: ``Any individual, partnership, corporation,
association, joint venture, or other legal entity.''
A new definition of plant would be added to read: ``Any
plant (including any plant part) for or capable of propagation,
including a tree, a tissue culture, a plantlet culture, pollen, a
shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, and
a seed.''
The current definition of plant pest, which reads ``The
egg, pupal, and larval stages as well as any other living stage of: Any
insects, mites, nematodes, slugs, snails, protozoa, or other
invertebrate animals, bacteria, fungi, other parasitic plants or
reproductive parts thereof, viruses, or any organisms similar to or
allied with any of the foregoing, or any infectious substances, which
can directly or indirectly injure or cause disease or damage in any
plants or parts thereof, or any processed, manufactured, or other
products of plants,'' would be revised to read: ``Any living stage of
any of the following that can directly or indirectly injure, cause
damage to, or cause disease in any plant or plant product: A protozoan,
a nonhuman animal, a parasitic plant, a bacterium, a fungus, a virus or
viroid, an infectious agent or other pathogen, or any article similar
to or allied with any of these articles.''
A new definition of the term State would be added to read:
``Any of the several States of the United States, the Commonwealth of
the Northern Mariana Islands, the Commonwealth of Puerto Rico, the
District of Columbia, Guam, the Virgin Islands of the United States, or
any other territory or possession of the United States.''
Accordingly, the current definition of the term United
States, which contains language similar to that in the proposed
definition of State, would be revised to read, simply, ``All of the
States.''
In Sec. 319.37-7, paragraph (g) contains a definition of State
that applies to that section. This definition is substantively
identical to the definition proposed above, which would apply to
Sec. Sec. 319.37-1 through 319.37-14. Accordingly, we are also
proposing to remove Sec. 319.37-7(g).
Definitions of Restricted Article and Regulated Plant
The Plant Protection Act definition of plant that we are proposing
to add to the nursery stock regulations would include plants that are
not regulated by the nursery stock regulations, such as nonvascular
plants and noxious weeds. Accordingly, we would also add a new
definition of regulated plant to list the plants regulated in the
nursery stock regulations. We are also proposing to amend the
definition of restricted article to refer to the proposed definition of
[[Page 74217]]
regulated plant and to correct editorial errors in the definition.
The proposed definition of regulated plant would read: ``Any
gymnosperm, angiosperm, fern, or fern ally. Gymnosperms include cycads,
conifers, and gingko. Angiosperms include any flowering plant. Fern
allies include club moss, horsetail, whisk fern, spike moss, and
quillwort.'' This definition encompasses all the plants regulated by
the nursery stock regulations.
(Note: We published an advance notice of proposed rulemaking for
revising the nursery stock regulations on December 10, 2004. At a
public meeting on May 25, 2005, that solicited comments regarding
certain issues discussed in the advance notice of proposed
rulemaking, we specifically solicited comments on whether we should
expand the range of plants APHIS currently regulates in the nursery
stock regulations to include non-vascular plants, such as green
algae. We are continuing to consider the responses we received
regarding this issue, but since we have not yet decided whether to
regulate non-vascular plants, we are proposing a definition of
regulated plant that includes only the plants APHIS currently
regulates under the nursery stock regulations. If we eventually
determine that it is necessary to regulate non-vascular plants, we
will update the definition of regulated plant in a future
rulemaking.)
The definition of restricted article currently reads ``Any class of
nursery stock or other class of plant, root, bulb, seed, or other plant
product, for or capable of propagation, excluding any prohibited
articles listed in Sec. 319.37-2 (a) or (b) of this subpart, excluding
any articles subject to any restricted entry orders in 7 CFR part 321
(i.e., potatoes), and excluding any articles regulated in 7 CFR 319.8
through 319.24 or 319.41 through 319.74-7.'' We are proposing to amend
this definition so that it specifically includes only regulated plants,
as defined above. In addition, the reference to Sec. 319.74-7 in the
current definition would be changed to Sec. 319.74-4, because the
sections that had followed Sec. 319.74-4 were removed in a final rule
effective and published in the Federal Register on September 25, 1997
(62 FR 50229-50231, Docket No. 95-082-2). We would also delete the
reference to 7 CFR part 321, as the restrictions on the importation of
potatoes that had been located in 7 CFR part 321 were moved into the
nursery stock regulations in a final rule published in the Federal
Register on September 25, 1997 (62 FR 50237-50239, Docket No. 97-010-2)
and effective on October 27, 1997. We would change the citation
``319.24'' to read ``319.24-5,'' to indicate that all the sections in
the corn diseases subpart are included in that range. Finally, we would
indicate that articles regulated by the noxious weeds regulations in 7
CFR part 360 are excluded from the definition, since they are regulated
separately from nursery stock.
Thus, the proposed definition of restricted article would read:
``Any class of nursery stock or other regulated plant, root, bulb,
seed, or other plant product, for or capable of propagation, excluding
any prohibited articles listed in Sec. 319.37-2(a) or (b) of this
subpart, and excluding any articles regulated in Sec. Sec. 319.8
through 319.24-5 or 319.41 through 319.74-4 and any articles regulated
under part 360 of this chapter.'' These changes would update the
regulations and make them more consistent.
Rubus spp. From Europe
We are proposing to add articles of Rubus spp. from Europe not
meeting the conditions for importation in Sec. 319.37-5(f) to the list
of prohibited articles found in the table in Sec. 319.37-2(a). In
Sec. 319.37-5, paragraph (f) requires that Rubus spp. from Europe must
be accompanied at the port of first arrival in the United States by a
phytosanitary certificate containing an additional declaration that the
articles have been found by the plant protection service of the country
of origin to be free of Rubus stunt agent, based on visual examination
and indexing of the parent stock. Rubus stunt agent affects the yield,
vitality, and quality of plants of the genus Rubus, which include
raspberry and blackberry. Although it is primarily transmitted along
insect vectors, the disease can be transmitted through propagative
material.
If articles of Rubus spp. from Europe are not accompanied by a
phytosanitary certificate with the above additional declaration at the
port of first arrival in the United States, they should be denied entry
to prevent the possible introduction of this disease. However, nothing
in the regulations as they now stand specifically prohibits the
importation of Rubus spp. from Europe that are not accompanied by the
phytosanitary certificate required in Sec. 319.37-5(f). To correct
this oversight, we are proposing to add articles of Rubus spp. from
Europe that do not meet the conditions for importation in Sec. 319.37-
5(f) of the regulations to the list of prohibited articles. Prohibiting
imports of Rubus spp. from Europe that are not accompanied by a
phytosanitary certificate with the proper additional declaration would
help to ensure that Rubus stunt agent is not introduced into the United
States.
Plants In Vitro
We are proposing to remove several restrictions on plants in vitro.
The IPPC's 2002 Glossary of Phytosanitary Terms defines plants in vitro
as ``plants in an aseptic medium in a closed container.'' Such plants
are minimally exposed to plant diseases and pests that may exist in the
area surrounding its nursery of origin. Plants in vitro have been found
to pose an extremely low risk of introducing plant pests into the
United States. We believe, therefore, that several restrictions
currently in place on the importation of plants in vitro are now
unnecessary. Thus:
We are proposing to amend Sec. 319.37-3(a)(5) of the
regulations to exempt shipments of plants in vitro from the requirement
that lots of 13 or more articles offered for importation into the
United States must be accompanied by a written permit issued by a Plant
Protection and Quarantine (PPQ) inspector. This exemption would not
apply if importation of the plants is restricted or prohibited
elsewhere in the nursery stock regulations.
Because we are proposing to exempt shipments of plants in
vitro from the permit requirement, the changes we are proposing to make
to the current list of ports of entry in Sec. 319.37-14, discussed
below under the heading ``Federal Plant Inspection Stations and Other
Ports of Entry,'' would mean that plants in vitro could enter the
United States at any port of entry authorized in 7 CFR part 330 for
articles not required to be imported under a written permit.
We are also proposing to amend Sec. 319.37-4(a) of the
regulations to exempt plants in vitro from the requirement that
restricted articles offered for importation into the United States be
accompanied by a phytosanitary certificate from the country of origin,
unless their importation is restricted or prohibited elsewhere in the
nursery stock regulations. These changes would make plants in vitro
whose importation is not otherwise restricted or prohibited generally
admissible into the United States.
To accomplish these changes, we would add a definition of plants in
vitro to the regulations in Sec. 319.37-1. The definition would be
identical to the IPPC definition quoted above. We would also remove the
reference in paragraph (a)(5) of Sec. 319.37-3 to ``sterile cultures
of orchid plants,'' as these qualify as plants in vitro, and we would
correct the paragraph to indicate that seeds and bulbs whose
importation is otherwise prohibited or restricted by the
[[Page 74218]]
regulations are not exempt from the permit requirement.
In a related matter, we are also proposing to amend Sec. 319.37-
8(c) of the regulations, which states: ``A restricted article growing
solely in agar or in other transparent or translucent tissue culture
medium may be imported established in such growing media.'' We are
proposing to remove the requirement that the growing medium be
transparent or translucent in order to allow the use of charcoal in the
growing medium. Charcoal is commonly used by importers of plants in
vitro as a detoxifying agent; if it is used as an additive in growing
media, it will still be easy to determine whether the growing media
meets the aseptic standard prescribed in the definition of plants in
vitro, because any bacteria in the growing media would quickly
reproduce and form a large mass. Therefore, we would revise this
paragraph to simply read: ``Plants in vitro may be imported in their
growing media.''
Removing these restrictions would make plants in vitro generally
admissible without restrictions, providing U.S. importers of plants in
vitro with greater flexibility without increasing the risk of plant
pest introduction into the United States.
Genus and Species Name on Phytosanitary Certificates
The regulations in Sec. 319.37-4(a) currently require that any
restricted article offered for importation into the United States be
accompanied by a phytosanitary certificate of inspection, with certain
exceptions. We are proposing to additionally require that the
phytosanitary certificate include the genus and species name of the
restricted article that it accompanies.
The IPPC's Guidelines for Phytosanitary Certificates (ISPM
publication number 12) state that phytosanitary certificates ``should
identify plants and plant products using accepted scientific names, at
least to genus level but preferably to species level.'' Having the
genus and species name available would allow inspectors to easily
identify restricted articles presented for importation and thus better
assess any risks that may be associated with their importation. It
could also result in savings for importers, as eliminating the need for
inspectors to make a species identification of restricted articles
offered for importation could allow their shipments to be processed
more quickly and rejected less frequently.
For example, the regulations in Sec. 319.37-5(b) allow the
importation of Prunus spp. that are immune to plum pox virus under
different conditions than the importation of species that are not
immune to the virus. When an article of Prunus spp. is inspected at the
port of entry, it can be difficult to determine whether the article is
from a species that is resistant to plum pox. As a result, inspectors
often must spend significant amounts of time making that determination,
which can cause a delay in releasing the article. If the inspector
cannot make such a determination, the shipment of Prunus spp. must be
rejected. Requiring that both the genus and species name be listed on
the phytosanitary certificate offered for importation would eliminate
both the burden that making a species determination imposes on
inspectors and the costs that delayed or rejected shipments impose on
importers.
In addition, requiring that phytosanitary certificates include the
genus and species names of the restricted articles that they are
accompanying would allow APHIS to collect data from phytosanitary
certificates about the number, size, and volume of imports of nursery
stock into the United States. Currently, we lack such data, which can
make it difficult to accurately assess the potential impact of any
changes we may consider making to the nursery stock regulations.
Collecting genus and species data from phytosanitary certificates could
enable us to promulgate regulations that take into account the current
importation of nursery stock more completely.
Phytosanitary Certificates for Bulbs From the Netherlands
We are also proposing to amend paragraph Sec. 319.37-4(a) of the
regulations to allow small individual shipments of bulbs from the
Netherlands to enter with a special certificate related to a
phytosanitary certificate. The special certificate would list a serial
number that would refer to a phytosanitary certificate held by the
national plant protection organization of the Netherlands. The special
certificate would also list the scientific name of the bulb, the bulbs'
country of origin, and an expiration date after which the special
certificate could no longer be used in lieu of a phytosanitary
certificate. The expiration date would be 4 weeks after the issuance of
the phytosanitary certificate held by the national plant protection
organization of the Netherlands.
Commercial shipments of bulbs from the Netherlands must be
precleared for entry into the United States by a PPQ inspector. In
addition, under Sec. 319.37-5(a), all bulbs imported from the
Netherlands must be accompanied by a phytosanitary certificate with an
additional declaration that the bulbs offered for importation were
grown on land that has been sampled and microscopically inspected by
the plant protection organization of the Netherlands and found to be
free from the potato cyst nematodes Globodera rostochiensis (Woll.)
Behrens and G. pallida (Stone) Behrens within the past 12 months.
The proposed special certificate would accompany small individual
shipments of bulbs. Typically, these shipments are brought to the
United States from the Netherlands by individuals carrying the bulbs in
their luggage. These shipments are not precleared by APHIS, but must be
cleared at the port of entry; the preclearance process and the
clearance process at the port of entry involve the same steps and
provide equivalent phytosanitary security. Currently, bulbs that come
to the United States in that manner must be accompanied by a
phytosanitary certificate with the additional declaration described
above; if they do not have the phytosanitary certificate, they are
confiscated upon arrival in the United States.
The special certificate we are proposing would be easier for
individuals to obtain than a full phytosanitary certificate while
providing the same assurance that the bulbs are free of golden nematode
and potato cyst nematode. The clearance process at the port of entry
would continue to serve as an additional mitigation against the risk of
introduction of nematodes into the United States. Using this
certificate, individuals would be able to import small shipments of
bulbs from the Netherlands into the United States more easily without
compromising phytosanitary safeguards.
Importation of Certain Seeds From Canada
We are proposing to add a new paragraph (d) to Sec. 319.37-4 of
the regulations to allow seed exported from Canada that meets certain
conditions to be imported into the United States without a
phytosanitary certificate.
To be eligible for this exemption, Canadian exporters of seed would
have to register with and participate in a seed export program that
would be established by the Canadian Food Inspection Agency (CFIA).
CFIA would assign each exporter that registers with the program an
establishment identification number. CFIA would provide a list of
establishment identification numbers, along with the
[[Page 74219]]
names, locations, and telephone numbers of the establishments to which
the identification numbers correspond, to APHIS before the start of the
seed shipping season and regularly throughout the shipping season.
Participants in the seed export program would be required by CFIA
to demonstrate that shipments of seed can be traced back to their
original seed lots and seed testing records; demonstrate that seed that
does not meet U.S. standards is consistently separated from seed that
does; implement quality assurance systems at the production facility,
with a descriptive manual available for review by CFIA; submit to
annual audits of the quality assurance system; and implement any other
necessary safeguards.
Certain documents would be required in lieu of a phytosanitary
certificate for Canadian exporters participating in CFIA's seed export
program.
Each shipment of seed exported under this program would be
accompanied by an export certification document. The information in
this document would be provided by the seed exporter. This document
would show, among other information, the scientific name of the seed,
the common name of the seed, the country of origin, and the
establishment identification number. The document would also contain
all information required by 7 CFR part 361, ``Importation of Seed and
Screenings Under the Federal Seed Act,'' including the lot number of
the seed.
Shipments of agricultural or vegetable seeds, as listed in
the Federal Seed Act regulations in 7 CFR part 361, would be
accompanied by a document agreed upon by CFIA and APHIS and provided by
CFIA that would certify that the relevant requirements of the Federal
Seed Act regulations had been met.
Shipments of other seeds (i.e., seeds that are not
agricultural or vegetable seeds) that are exported from Canada to the
United States would be accompanied by a document agreed upon by CFIA
and APHIS and provided by CFIA that would certify that the seed had
been inspected for plant pests.
Currently, exporters of Canadian seed must provide a phytosanitary
certificate as required under the regulations in Sec. 319.37-4 and a
different set of documents as required in 7 CFR part 361. The
information requirements of the two parts overlap to some extent, which
results in duplicative paperwork for exporters of Canadian seed.
Because of this, Canada requested that we establish this seed
importation program to streamline our requirements; we reviewed the
risks associated with establishing such a program and found that they
were similar to the risks associated with current importations if the
program operated under the controls described above. Establishing this
program would eliminate duplicative paperwork requirements while
continuing to ensure that seeds imported from Canada do not introduce
plant pests or noxious weeds into the United States.
We are also proposing to remove all references to the ``Plant
Protection Division of Agriculture Canada'' in Sec. 319.37-4 and
replace them with references to the Canadian Food Inspection Agency to
update the regulations.
At this time, we are not proposing to establish similar seed
importation programs for seeds from countries other than Canada. If
another country were to request that APHIS establish an importation
program for seed from that country and provided data indicating that
importing seed from that country under such a program would pose a risk
equivalent to that associated with current importations of seed from
that country, we would consider establishing such a program.
Blueberry Plants From Canada
We are proposing to add a new paragraph Sec. 319.37-5(t) to the
regulations to require that phytosanitary certificates that accompany
Vaccinium corymbosum (blueberry) plants that are imported from Canada
must contain an additional declaration stating that the plants are free
of blueberry scorch carlavirus.
Blueberry scorch carlavirus causes blueberry scorch disease, the
primary symptom of which is blighting of both flowers and new
vegetative growth at peak bloom. Blighted blossoms fail to produce
fruit, and infected plants in general are less vigorous than healthy
plants. Bushes, once infected, may show symptoms each year. Initially,
only one or few branches may have blighted flowers and leaves, but
after a few years the entire bush may show symptoms.
We are proposing to require this additional declaration on the
phytosanitary certificate accompanying V. corymbosum plants because
virulent strains of blueberry scorch carlavirus have been found that
only exist in Canada. This requirement would ensure that V. corymbosum
plants imported from Canada are free of this dangerous virus while
continuing to allow importation of plants that have been determined to
be free of this virus.
For the reasons described above in the discussion of prohibiting
the entry of articles of Rubus spp. from Europe that lack the
appropriate phytosanitary certificate, we are also proposing to add V.
corymbosum plants from Canada that do not meet the requirements of
proposed Sec. 319.37-5(t) to the list of prohibited articles in Sec.
319.37-2(a).
Programs for Importation of Approved Plants From the Canary Islands and
From Israel
We are proposing to add new paragraphs (u) and (v) to Sec. 319.37-
5 to establish programs to govern the importation of approved plants
from the Canary Islands of Spain and from Israel, respectively. These
programs would require that growers employ several safeguards to ensure
that pests present in the exporting countries are excluded from
shipments of approved plants. In the case of the Canary Islands, the
approved plants would be Pelargonium (geranium) spp., and the pests of
concern are Helicoverpa armigera, the cotton bollworm; Chrysodeixis
chalcites, the tomato looper; and Cornutiplusia circumflexa. In the
case of Israel, all plants except bulbs, dormant perennials, plants in
vitro, and seeds that are imported into the United States would be
required to be imported under this program; the main pest of concern in
Israel is Spodoptera littoralis, the Egyptian cotton leafworm, although
other quarantine pests are found in Israel and must be excluded from
shipments of plants imported under this program. We anticipate that
most U.S. imports under these programs would be plant cuttings, which
are included in the proposed definition of plant in this document.
Under this proposal, the national plant protection organization of
the country of origin, the growers in the country of origin, and APHIS
would jointly implement the following safeguards to ensure that
quarantine pests are not present in shipments of approved plants.
The national plant protection organization of the plants' country
of origin would have to issue a phytosanitary certificate of inspection
that would accompany any approved plants from the country of origin.
This certificate would have to contain additional declarations that the
plants were produced in an approved production site, that the
production site is operated by a grower participating in the export
program for approved plants established by the relevant national plant
protection organization, and that the plants were grown under
conditions specified by APHIS to prevent infestation with the relevant
quarantine pests.
[[Page 74220]]
Growers in the programs would register with, and be approved by,
the national plant protection organization of their country. Growers
would be required to enter into a formal agreement wherein they agree
to participate in and follow the export program for approved plants
established by the national plant protection organization.
Growers would be required to meet the following requirements with
respect to their facilities and growing practices:
Plants destined for export to the United States would have
to be produced in a production site devoted solely to production of
such plants.
The production sites in which such plants are produced
would have to be registered with the national plant protection
organization. Such production sites would employ safeguards agreed on
by APHIS and the national plant protection organization to ensure the
exclusion of the relevant quarantine pest or pests. For Canary Islands
production sites, these safeguards would include, but would not be
limited to, prescribed mesh screen size (if the production site is a
screenhouse) and automatically closing doors. For Israeli production
sites, these safeguards would include, but not be limited to, insect-
proof screening over openings and double or airlock-type doors. Any
rips or tears in any insect-proof screening would have to be repaired
immediately.
Each production site in which plants destined for export
to the United States are grown would have to have at least 1 blacklight
trap for one year following any of the following events: The
construction of a production site; the entry of a production site into
the approved plants export program; the replacement of the covering of
the production site; or the detection and repair of a break or tear in
the plastic or screening in the production site.
APHIS inspectors and national plant protection organization
inspectors would perform the inspections described below, along with
any others they may deem necessary. The inspections that would be
required for plants and production sites in the Canary Islands are
somewhat different from those that would be required for plants and
production sites in Israel.
In the Canary Islands:
The national plant protection organization of Spain would
inspect the plants and the production site for pests during the growing
season and during packing.
Packing materials and shipping containers would be
inspected and approved by APHIS to ensure that they do not introduce
pests of concern to the plants.
Either APHIS or the national plant protection organization
of Spain would inspect the production site of approved plants destined
for export to the United States to ensure that they meet standards of
sanitation agreed upon by APHIS and the national plant protection
organization of Spain.
Inspectors from both APHIS and the national plant
protection organization of Spain would have access to the production
site as necessary to ensure that growers are employing the proper
safeguards against infestation of H. armigera, C. chalcites, and C.
circumflexa, and that those safeguards are correctly implemented.
The national plant protection organization of Spain would
provide APHIS with access to the list of registered and approved
growers at least annually.
In Israel:
The national plant protection organization of Israel would
inspect the plants and the production site weekly to ensure that no
quarantine pests are present.
Plants would be inspected to ensure that they are free of
quarantine pests before being allowed into the production site.
The national plant protection organization of Israel would
inspect the plants to ensure that no quarantine pests are present prior
to export.
Packing materials and shipping containers would be
inspected and approved by APHIS to ensure that they do not introduce
pests of concern to the plants.
Either APHIS or the national plant protection organization
of Israel would inspect the production site of the approved plants
destined for export to the United States to ensure that they meet
standards of sanitation approved by APHIS.
Inspectors from both APHIS and the national plant
protection organization of Israel would have access to the production
site as necessary to ensure that growers are employing the safeguards
and procedures prescribed by the program and that those safeguards and
procedures are correctly implemented.
The national plant protection organization of Israel would
provide APHIS with access to the list of registered and approved
growers at least annually.
Growers would become ineligible for participation in the export
programs and their production sites would lose approved status upon
slightly different occurrences for each country:
Growers in the Canary Islands would lose eligibility if
live C. circumflexa (or any other moth of the family Noctuidae) are
found in a production site. Israeli growers would lose eligibility if
live S. littoralis are found in a production site.
Growers in the Canary Islands would lose eligibility if
live C. circumflexa (or any other moth of the family Noctuidae) are
found in a shipment of plants. An Israeli grower would lose eligibility
if live S. littoralis are found at port inspection two times during the
same shipping season in shipments from that grower.
Growers in both the Canary Islands and Israel could lose
eligibility if they violate the requirements of the export program
established by their national plant protection organizations.
A grower in either country could be reinstated, and the
grower's production sites may regain approved status, by requesting
reapproval and submitting a detailed report describing the corrective
actions taken by the grower. The national plant protection organization
and APHIS would have to concur in approving the report and the
corrective actions.
APHIS would have the option to terminate either program if there
are repeated violations of procedural or phytosanitary requirements.
The government of the country in which the approved plants are
produced would also have to enter into a trust fund agreement with
APHIS before each growing season. The government of the country in
which the approved plants are produced or its designated representative
would be required to pay in advance all estimated costs that APHIS
would expect to incur through its involvement in overseeing the
execution of the requirements of the certification programs described
below. These costs would include administrative expenses incurred in
conducting the services enumerated below and all salaries (including
overtime and the Federal share of employee benefits), travel expenses
(including per diem expenses), and other incidental expenses incurred
by the inspectors in performing these services. (Specific provisions
for making payments to these proposed trust funds may be found in the
rule portion of this document.)
For the reasons described above in the discussion of prohibiting
the entry of articles of Rubus spp. from Europe that lack the
appropriate phytosanitary certificate, we are also proposing to add
approved plants from the Canary Islands and Israel that do not meet the
requirements of proposed Sec. 319.37-5(u)
[[Page 74221]]
and proposed Sec. 319.37-5(v), respectively, to the list of prohibited
items in Sec. 319.37-2(a).
The safeguards employed in these programs, combined with the
mandatory inspections of the plants at the port of first arrival in the
United States, would ensure that approved plants could be safely
imported into the United States from production sites in these
locations.
Specific Treatment and Other Requirements
We are proposing to reorganize the regulations in Sec. 319.37-6 so
that the information in this section is presented in a table. Section
319.37-6 now contains six paragraphs that are largely composed of the
same text; the variations between paragraphs are found in the seeds and
bulbs being treated, the countries or localities from which seeds and
bulbs that must be treated originate, the pests for which the commodity
must be treated, and the time at which the treatment must be performed.
We believe that presenting this information in tabular form will
improve the clarity and usability of the regulations.
In addition, the regulations in Sec. 319.37-6 provide that certain
seeds and bulbs from specific foreign regions must be treated for
possible infestation with various plant pests in accordance with the
applicable provisions of 7 CFR part 305 at the time of importation into
the United States or at the time of arrival at the port of first
arrival in the United States. However, the regulations in Sec. 319.37-
13(c) specify conditions under which treatments required under the
regulations may be performed outside the United States. The current
regulations in Sec. 319.37-6 do not reflect the fact that treatments
of regulated articles may be administered outside the United States.
Therefore, we are proposing to amend Sec. 319.37-6 to indicate that
treatment of regulated articles may be administered outside the United
States. APHIS will retain the option to require treatment within the
United States of regulated articles that were treated prior to
importation.
Finally, all the commodities listed in Sec. 319.37-6 are required
to be treated either at ``the time of arrival at the port of first
arrival in the United States'' or ``at the time of importation into the
United States.'' These phrases are substantively equivalent. Rather
than set this information out in the table and preserving the present
wording of this requirement from each paragraph in this section, we are
proposing to add a paragraph after the table that would indicate that
any articles not treated outside the United States would have to be
treated at the time of importation into the United States.
Kenaf Seed From Mexico
Under the current regulations in Sec. 319.37-6(a), seeds of
Hibiscus spp. (Hibiscus, rose mallow) from any foreign country or
locality, at the time of importation into the United States, must be
treated for possible infestation with Pectinophora gossypiella
(Saunders) (pink bollworm) in accordance with the applicable provisions
of 7 CFR part 305.
However, the movement of untreated kenaf (Hibiscus cannabinus) seed
from Mexico into pink bollworm generally infested areas of the United
States (listed under our domestic pink bollworm quarantine and
regulations in Sec. 301.52-2a, and currently the States of Arizona,
New Mexico, and Texas, and several counties in California) would pose
little or no risk of increasing the area of pink bollworm infestation.
Under our domestic pink bollworm quarantine regulations in Sec.
301.52, these generally infested areas are quarantined to prevent the
spread of pink bollworm, and Kenaf seed is a regulated article under
Sec. 301.52(b) that may not be moved interstate from any quarantined
State except under the conditions described in Sec. 301.52-3.
Therefore, we are proposing to allow kenaf seed from Mexico to be
imported into pink bollworm generally infested areas in the United
States without treatment. Kenaf seed from Mexico that would be imported
into pink bollworm generally infested areas would be subject to
inspection, and, immediately upon release, would be subject to the
domestic pink bollworm quarantine regulations in Sec. Sec. 301.52
through 301.52-10, Subpart--Pink Bollworm. This change would harmonize
the requirements of our regulations on foreign material that could
spread pink bollworm with those of our domestic regulations, as
required under the SPS Agreement, without increasing the likelihood
that pink bollworm could spread to noninfested areas of the United
States.
Although kenaf seed may be imported into the United States from
countries other than Mexico with the treatment currently referred to in
Sec. 319.37-6(a), we are not proposing to allow importation of
untreated kenaf seed into generally infested areas from countries other
than Mexico. The available evidence indicates that pink bollworm is the
only pest of concern for shipments of kenaf seed from Mexico; we do not
have evidence that pink bollworm is the only pest of concern for
shipments of kenaf seed from any other place. We would consider
requests to allow shipments of untreated kenaf seed into generally
infested areas from other countries if the available evidence indicated
that pink bollworm was the only pest of concern for shipments of kenaf
seed from those countries.
Postentry Quarantine Requirements for Hydrangea spp.
Under the current regulations in Sec. 319.37-7(a), Hydrangea spp.
from Canada imported into the United States are not required to be
grown under postentry quarantine conditions. However, under the current
definition of from in Sec. 319.37-1, an article imported into Canada
from another country or locality that is subject to postentry
quarantine requirements is considered to be solely from Canada if it
was grown in Canada under postentry growing conditions equivalent to
those specified in Sec. 319.37-7 and meets certain other conditions.
The term ``equivalent,'' as it is used here, refers not to the specific
postentry quarantine conditions imposed but their effectiveness at
reducing the risk of pest introduction.
CFIA requires that Hydrangea spp. imported into Canada from another
country or locality be grown in Canada under postentry growing
conditions for 9 months. We do not currently recognize Canada's 9-month
postentry growing period for Hydrangea spp. to be as effective at
reducing pest risk as the postentry quarantine conditions specified in
Sec. 319.37-7 that apply to the importation of Hydrangea spp. from all
countries except Canada and Japan, because the regulations in that
section specify that all plants required to be grown in postentry
quarantine, including Hydrangea spp. from all countries except Canada
and Japan, must be grown in postentry quarantine conditions for 2 years
after the time of importation into the United States. Therefore,
Hydrangea spp. from another country or locality that are grown in
Canada are not considered to be from Canada and are subject to the
postentry quarantine requirements in Sec. 319.37-7. (The proposed
revision of the definition of from described above would not change
this, as that definition would require that Hydrangea spp. be grown in
conditions we recognize as equivalent to those conditions under which
they would be grown if imported directly into the United States.)
CFIA has recently requested that we add specific provisions for
postentry quarantine growing agreements for plants of Hydrangea spp. to
Sec. 319.37-7(d) that would effectively reduce the postentry
quarantine period for
[[Page 74222]]
Hydrangea spp. from 2 years to 9 months. This request was reviewed by
U.S. Department of Agriculture plant pathologists, with particular
attention to the biology of the pest of concern, Aecidium hydrangeae-
paniculatea. Their review of the available scientific evidence found
that 9 months is an adequate amount of time to allow detectable
symptoms of the disease to express themselves if the disease is
present, which is the purpose of postentry quarantine.
Therefore, we are proposing to add a new provision in Sec. 319.37-
7(d)(7)(ii) that would require importers of Hydrangea spp. from all
countries and localities except Canada and Japan who are operating
under a postentry quarantine agreement to grow any article of Hydrangea
spp. or increase therefrom for a period of 9 months after the
importation of the plants. (Hydrangea spp. from Japan would continue to
be prohibited from being imported or offered for entry into the United
States under Sec. 319.37-2(a).) With this proposed change, Canada's 9-
month postentry growing period for Hydrangea spp. would be equivalent
to the postentry growing conditions that would be specified in Sec.
319.37-7; therefore, Hydrangea spp. from another country or locality
that are grown in postentry quarantine in Canada would be considered to
be from Canada and would not be required to be grown under postentry
quarantine conditions after they are imported into the United States.
(While the current definition of from indicates that a restricted
article can be considered to be from Canada only after it is grown in
Canada for 1 year, the proposed amendments of the definition of from,
discussed earlier in this proposed rule, would eliminate that
restriction, leaving the 9-month postentry quarantine period as the
only restriction on the importation of Hydrangea spp. from Canada.)
The proposed change would relieve a restriction on the importation
of Hydrangea spp. into the United States that does not appear to be
necessary.
Postentry Quarantine Requirements for Chrysanthemum spp., Dendranthema
spp., Leucanthemella serotina, and Nipponanthemum nipponicum
The regulations in Sec. 319.37-7(a) designate as restricted
articles any articles of Chrysanthemum spp., Dendranthema spp.,
Leucanthemella serotina, and Nipponanthemum nipponicum that meet the
conditions for importation in Sec. 319.37-5(c) and that are imported
from any foreign locality except Argentina, Brazil, Canada, Canary
Islands, Chile, Columbia, Europe, Republic of South Africa, Uruguay,
Venezuela, and all countries, territories and possession of countries
located in part or entirely between 90[deg] and 180[deg] East
longitude. Articles designated as restricted articles in Sec. 319.37-
7(a) must be grown in postentry quarantine under the conditions
described in paragraphs (c) and (d) of Sec. 319.37-7. Paragraph
(d)(7)(ii) currently requires that any restricted articles of
Chrysanthemum spp., Dendranthema spp., Leucanthemella serotina, and
Nipponanthemum nipponicum be grown in postentry quarantine for a period
of 6 months. We are proposing to reduce this postentry quarantine
growing period to 2 months if the restricted articles are grown in
accordance with the requirements of an APHIS-approved best management
practices program.
The pest of concern with regard to imported articles of
Chrysanthemum spp., Dendranthema spp., Leucanthemella serotina, and
Nipponanthemum nipponicum is chrysanthemum white rust (CWR). CWR is
caused by Puccinia horiana Henn., a filamentous fungus and obligate
parasite. CWR is not established in the United States and is a disease
of quarantine significance. 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. The postentry quarantine for articles of Chrysanthemum spp.,
Dendranthema spp., Leucanthemella serotina, and Nipponanthemum
nipponicum is intended to allow symptoms of the disease, if it is
present, to express themselves, so that any restricted articles that
might be affected with CWR can be prevented from entering U.S.
commerce.
PPQ's Center for Plant Health Science and Technology has reviewed
the available evidence regarding the time within which CWR will express
symptoms. Although substantial evidence indicates that articles
affected with CWR will express symptoms within 2 months, meaning that 2
months would be an adequate postentry quarantine period for these
articles, not all the available evidence confirms that. We are
proposing to reduce the postentry quarantine period for restricted
articles of Chrysanthemum spp., Dendranthema spp., Leucanthemella
serotina, and Nipponanthemum nipponicum to 2 months only if the
articles are grown in accordance with the requirements of an APHIS-
approved best management practices program.
Best management practices programs for these articles would be
designed to ensure that CWR, if it is present on these articles when
they are imported into the United States, is not introduced to the
wider environment. A best management program would include several
basic elements, including:
A code of conduct or documented standard operating
procedures that include pest control practices, inspection and testing,
and recordkeeping;
Oversight and audits by a professional organization or a
State agricultural organization to ensure compliance with the agreed-
upon code of conduct or standard operating procedures;
Some form of Federal oversight; and
Penalties and remedial action for noncompliance.
We would evaluate best management programs for their effectiveness
at ensuring that any CWR that might be present on these articles would
not be introduced into the wider environment.
This change would reduce the cost of postentry quarantine for
importers of those restricted articles while continuing to protect
against the introduction of CWR into the United States.
Plants in Growing Media From Certain Areas in Canada
We are proposing to amend Sec. 319.37-8(b) of the regulations to
allow the importation of restricted articles in growing media from two
areas in Canada from which such importation is currently prohibited if
those articles are grown under certain conditions. Paragraph (b) of
Sec. 319.37-8 allows the importation of restricted articles from
Canada in any growing medium, except restricted articles from
Newfoundland or from that portion of the Municipality of Central
Saanich in the Province of British Columbia east of the West Saanich
Road. Restricted articles from these areas may not enter in growing
media because of the presence of potato cyst nematodes (G.
rostochiensis and G. pallida) in those parts of Canada.
We have determined that restricted articles that are grown in
approved growing media and are isolated in such a manner as to prevent
the restricted articles from being infested with potato cyst nematodes
may be imported safely into the United States from these areas.
Therefore, we are proposing to allow the importation of restricted
articles in approved growing media from these areas in Canada if the
phytosanitary certificate accompanying the articles
[[Page 74223]]
contains an additional declaration. (Production sites in the area of
Canada where potato cyst nematodes are present are not eligible to
participate in the Canadian greenhouse-grown plants program in Sec.
319.37-4(c) due to the presence of the potato cyst nematodes, so all
articles imported into the United States from these production sites
are required to be accompanied by a phytosanitary certificate under
Sec. 319.37-4(a).) The additional declaration would have to state that
the restricted articles were produced in a production site approved by
the national plant protection organization of Canada as capable of
isolating the plants from potato cyst nematode infestation and that the
restricted articles were isolated from potato cyst nematode infestation
throughout their production. Allowing the importation of restricted
articles from these areas under the conditions described above would
give importers flexibility while continuing to protect against the
introduction of potato cyst nematodes into the United States.
Additions to the List of Approved Growing Media
We are proposing to add unused clay pots and new wooden baskets to
the list of growing media approved for epiphytic plants found in Sec.
319.37-8(d). Such media are used by many nurseries. We are proposing
these additions at the request of importers. We believe that unused
clay pots and new wooden baskets would be as safe as the current
approved growing media.
Federal Plant Inspection Stations and Other Ports of Entry
Under the current regulations in Sec. 319.37-14(a), restricted
articles of nursery stock, plants, roots, bulbs, seeds, and other plant
products that are not required to be imported under a written permit
pursuant to Sec. 319.37-3(a)(1) through (a)(6) may be imported or
offered for importation at any of the ports of entry listed in Sec.
319.37-14(b) or at any Customs designated port of entry on the United
States-Canada border. A complete list of Customs designated ports of
entry can be found in 19 CFR part 101.
Restricted articles of nursery stock, plants, roots, bulbs, seeds,
and other plant products required to be imported under a written permit
pursuant to Sec. 319.37-3(a)(1) through (a)(6) must be imported or
offered for importation only at plant inspection stations, which are
ports with special inspection and treatment facilities. Plant
inspection stations are listed and designated by an asterisk in Sec.
319.37-14(b). We are proposing to revise Sec. 319.37-14 and related
regulations in 7 CFR part 330 to relieve unnecessary restrictions on
the entry of regulated articles and to make the regulations easier to
use.
First, the list of ports of entry in Sec. 319.37-14(b) does not
include all current plant inspection stations. We are therefore
proposing to make the necessary updates to this list. This includes
removing the entry for the plant inspection stations that were in
Brownsville, TX, and Hoboken, NJ, and updating the addresses for some
plant inspection stations.
We are also proposing to add a new entry for a plant inspection
station in New Jersey. In order to be designated as a plant inspection
station, a building must have adequate space for inspection areas to be
set up, laboratory facilities for pest and disease identification,
provide easy access by shipments for inspection, and, in most cases,
contain various treatment facilities. We have determined that the
facility in Linden, NJ, satisfies the criteria for designation as a
plant inspection station.
Furthermore, it is not necessary to list ports of entry other than
plant inspection stations in Sec. 319.37-14(b). APHIS can handle,
either through direct staffing or through cooperation with the
Department of Homeland Security's Bureau of Customs and Border
Protection, imports of restricted articles that are not required to be
imported with a permit at any Customs designated port of entry, though
there may be exceptions in the future. Therefore, we are proposing to
amend the regulations to indicate that restricted articles not required
to be imported under a written permit pursuant to Sec. 319.37-3(a)(1)
through (a)(6) may be imported or offered for importation at any
Customs designated port of entry indicated in our regulations in 7 CFR
330.104.
Section 330.104 contains the general provisions for ports of entry
that apply to 7 CFR chapter III. We are proposing to amend these
provisions as well. Under Sec. 330.104, ports of entry for articles
regulated under 7 CFR chapter III shall be selected by the Deputy
Administrator from ports named in 19 CFR part 1.2 as ``ports of entry''
or 19 CFR part 6.13 as ``international airports.'' However, 19 CFR
parts 1.2 and 6.13 have been removed and, as previously noted, the
complete list of Customs designated ports of entry is now contained in
19 CFR part 101.3(b)(1). Therefore, to update the regulations in Sec.
330.104, we are proposing to remove all references to 19 CFR parts 1.2
and 6.13 in 7 CFR chapter III and to add references to 19 CFR part
101.3(b)(1) in their place.
As mentioned above, though APHIS can currently handle imports of
restricted articles that are not required to be imported with a permit
at any Customs designated port of entry, there may be exceptions in the
future. Therefore, we are also proposing to add to Sec. 330.104 a list
of exceptions to the ports of entry in 19 CFR part 101.3(b)(1) that
will indicate those ports of entry through which articles regulated
under 7 CFR chapter III may not be imported. This list would be blank
as of the publication of this proposed rule, but we would update the
list as necessary.
These changes would eliminate the need to list the ports of entry
that are not plant inspection stations in Sec. 319.37-14. Therefore,
we are proposing to remove those ports of entry that are not plant
inspection stations from the list in that section. We would further
amend Sec. 319.37-14 to list the remaining Federal plant inspection
stations in the form of a table, for easier reference.
Under the current regulations in Sec. 319.37-14, any restricted
article from Canada that is not required to be imported under a written
permit pursuant to Sec. 319.37-3(a)(1) through (a)(6) may be imported
at any port of entry listed in Sec. 319.37-14(b), or at any Customs
designated port of entry on the United States-Canada border. However,
for the reasons discussed above, we are proposing to allow restricted
articles that are not required to be imported with a permit to be
imported at any Customs designated port of entry with limited
exceptions that would be listed in Sec. 330.104. Therefore, we are
also proposing to remove the provisions in Sec. 319.37-14(b) regarding
restricted articles from Canada, because they would no longer be
necessary.
The current regulations in Sec. 319.37-14 provide that any
restricted article of nursery stock that is required to be imported
under a written permit must be imported or offered for importation only
at a plant inspection station. However, articles that are required to
be imported under a written permit and that have been precleared or
treated in the country of export have already fulfilled the necessary
conditions for importation into the United States; because they have
fulfilled these conditions, they do not need to pass through special
inspection and treatment facilities at plant inspection stations, but
rather can enter U.S. commerce freely after being released from the
port of entry by an inspector. Therefore, we are proposing to add a
provision in Sec. 319.37-14 stating that
[[Page 74224]]
restricted articles that are required to be imported under a written
permit and that have been precleared or treated in the country of
export may enter through any Customs designated port of entry,
including any ports that might in the future be excepted in Sec.
330.104, since it will be unnecessary to ensure that APHIS has a
staffing presence in place at ports that receive these articles.
To reflect the proposed changes to Sec. 319.37-14, we are also
proposing to update references to the section that appear in 7 CFR
parts 319, 322, and 340.
Editorial Changes
We are proposing to replace certain country names in the
regulations to reflect geopolitical changes. Specifically, we would
replace references to Czechoslovakia with references to the Czech
Republic and Slovakia; replace references to the Federal Republic of
Germany and the German Democratic Republic with references to Germany;
replace references to the Union of Soviet Socialist Republics with
references to Armenia, Azerbaijan, Belarus, Estonia, Georgia, Latvia,
Lithuania, Kazakhstan, Kyrgyzstan, Republic of Moldova, Russian
Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan; and
replace references to Yugoslavia with references to Croatia, Serbia and
Montenegro, and Slovenia. These changes would update the regulations.
The definition of bulbs in Sec. 319.37-1 refers to a single
article. We are proposing to change the defined term to bulb so that
the definition refers consistently to a single article.
Paragraph (c)(2) of Sec. 319.37-2 contains a reference to the
Plant Germplasm Quarantine Center, Building 320, Beltsville
Agricultural Research Center East, Beltsville, MD 20705. This center
has been renamed the National Plant Germplasm Inspection Station and is
located in Building 580 of the Beltsville Agricultural Research Center.
We are proposing to correct this address to update the regulations. To
make the regulations in 7 CFR part 319 consistent, we would make the
same update in paragraphs (b)(1) and (b)(2) of Sec. 319.59-2 and
paragraph (c)(2) of Sec. 319.75.
Paragraph (a)(3) of Sec. 319.37-3 refers to ``Alium sativum spp.''
Alium sativum is the species name for this article; the ``spp.'' is
incorrect, and we are proposing to remove it.
Paragraph (a)(8) of Sec. 319.37-3 requires a permit for articles
(except seeds) of Castanea spp. or Castanopsis spp. destined to
California or Oregon. In a final rule published in the Federal Register
on September 18, 1992 (57 FR 43134-43151) and effective October 19,
1992, we added Castanea spp. to the list of prohibited articles in
Sec. 319.37-2(a). However, we failed to update paragraph Sec. 319.37-
3(a)(8) at that time. Therefore, we are proposing to remove the
reference to Castanea spp. in Sec. 319.37-3(a)(8).
Paragraph (b) of Sec. 319.37-3 sets out the address to which
applications for a permit to import regulated articles should be sent.
In this address, the staff previously known as ``Port Operations'' is
now known as ``Permits, Registrations, Imports and Manuals.'' We are
proposing to update that address.
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.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is set out below, regarding the
effects of this proposed rule on small entities. We do not currently
have all the data necessary for a comprehensive analysis of the effects
of this proposed rule on small entities. Therefore, we are inviting
comments concerning potential economic effects. In particular, we are
interested in determining the number and kind of small entities that
may incur benefits or costs from implementation of this proposed rule.
Under the Plant Protection Act (7 U.S.C. 7701 et seq.), the
Secretary of Agriculture is authorized to regulate the importation of
plants, plant products, and other articles to prevent the introduction
of plant pests and noxious weeds.
We are proposing to amend the regulations on importing nursery
stock to eliminate certain restrictions on the importation of plants in
vitro, kenaf seed, and Hydrangea spp.; to establish programs for the
importation of approved plants; to address recent changes in pest
distributions; to change the phytosanitary certificate requirements for
several restricted articles; and to update the list of ports of entry
and Federal plant inspection stations. We are also proposing several
other changes to update and clarify the regulations and improve their
effectiveness. This proposal would relieve restrictions that appear
unnecessary and would update the existing regulations and make them
easier to understand and implement. The potential economic effects of
the changes proposed in this document are discussed below, by topic.
Several changes we are making, such as adding and changing
definitions and reorganizing Sec. 319.37-14, are administrative in
nature and are not expected to have any impact on any U.S. entities,
whether small or large. This analysis examines the potential economic
effects of changes that could potentially have economic effects.
Rubus spp. From Europe
There are more than 400 species of Rubus in the temperate areas of
the world. These are divided into subcategories that include
dewberries, blackberries, and raspberries. Most species of Rubus grow
as shrubs or trailing vines with thorny points. We are proposing to add
Rubus spp. from Europe not meeting the conditions for importation in
Sec. 319.37-5(f) to the list of prohibited articles in Sec. 319.37-
2(a). Rubus stunt agent (Phytoplasma) is a leafhopper-borne agent that
causes damage to foliage and flowers. Rubus stunt agent has caused
direct damage to European fruits through yield loss.\2\ This proposed
amendment to Sec. 319.37-2 would have no effect on domestic producers
and consumers, while safeguarding the multi-million dollar U.S. berry
production industry (2002).\3\
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\2\ Gordon S.C., et al. Progress towards Integrated Crop
Management (ICM) for European Raspberry Production.
\3\ National Agricultural Statistical Survey (NASS), Noncitrus
Fruits and Nuts: Price and Value for the United States, 2000-2002.
---------------------------------------------------------------------------
Plants In Vitro
We are proposing to remove the requirement that lots of 13 or more
items of plants in vitro may only be imported after issuance of a
written permit by PPQ, unless their importation is prohibited or
restricted elsewhere in the nursery stock regulations. This change
would allow plants in vitro to enter at a greater number of ports. We
are also proposing to remove the requirement for a phytosanitary
certificate for imported plants in vitro, unless their importation is
prohibited or restricted elsewhere in the nursery stock regulations. We
are proposing these changes because the risk of plant pest introduction
via plants in vitro is extremely low and these requirements are
unnecessary. We have no reason to expect that making plants in vitro
generally admissible through the proposed changes would have a
significant effect on domestic producers and consumers. However, we
invite the public to submit data on the possible effects of these
proposed changes.
[[Page 74225]]
We are also proposing to remove the requirement in Sec. 319.37-
8(c) that growing media imported along with a restricted article be
transparent or translucent, thus allowing charcoal to be used in
growing media for plants in vitro. Allowing the use of charcoal as an
additive to growing media makes APHIS requirements up-to-date with the
current industry standards. We have no reason to expect that allowing
the use of charcoal in growing media for plants would have a
significant effect on domestic producers and consumers. However, we
invite the public to submit data on the possible effects of this
proposed change.
Genus and Species Name on Phytosanitary Certificates
We are proposing to require that the phytosanitary certificate that
must accompany any restricted article presented for importation into
the United States under Sec. 319.37-4(a) include the genus and species
name of the restricted article that it accompanies. Although this
information is not currently required to be given to APHIS, this
information is already available for the vast majority of importers and
exporters on the invoices that typically also accompany restricted
articles presented for importation into the United States. For this
reason, we believe that this proposed change would not have a
significant impact on any entities, whether large or small.
Phytosanitary Certificates for Bulbs From the Netherlands
We are proposing to allow bulbs from the Netherlands to enter the
United States with a special certificate in lieu of a phytosanitary
certificate. The special certificate would list special identification
information for the shipment, including a serial number referring to
the phytosanitary certificate on file in the Netherlands. The United
States imported $145 million worth of bulbs and tubers from the
Netherlands in 2001. This proposed change would expedite entry of bulbs
and tubers from the Netherlands when they are carried in small amounts
by individuals. We have no reason to expect that this change would have
a significant effect on domestic producers and consumers of bulbs and
tubers. However, we invite the public to submit data on the possible
effects of this proposed change.
Importation of Certain Seeds From Canada
We are proposing to amend Sec. 319.37-4 to exempt certain Canadian
seeds from the requirement for a phytosanitary certificate. Certain
seeds from specific establishments in Canada would be able to enter the
United States with proper identification and an alternative document in
lieu of the required phytosanitary certificate. The alternative
document would be an export certification label and a document agreed
upon by APHIS and CFIA. This change would eliminate redundant paperwork
requirements in the nursery stock regulations and the Federal Seed Act
regulations in 7 CFR part 361.
The United States imported $108 million worth of planting seeds
from Canada in 2001 while exporting $134 million planting seeds to
Canada. The United States exported $754 million worth of planting seeds
worldwide in 2001.\4\ This amendment would allow the United States and
Canada to trade seed more freely, benefitting both countries with
negligible impacts to domestic producers and consumers of seeds.
---------------------------------------------------------------------------
\4\ Foreign Agricultural Service, 2001.
---------------------------------------------------------------------------
Blueberry Plants From Canada
We are proposing to amend Sec. 319.37-5 to require that Vaccinium
corymbosum plants from Canada be accompanied by a phytosanitary
certificate with an additional declaration stating they are free of
blueberry scorch carlavirus. Blueberry production in the United States
was worth $208 million in 2002.\5\ This additional declaration would
help to safeguard U.S. producers from virulent strains of the virus
that only exist in Canada while continuing to allow imports of
blueberry plants from Canada. This proposed amendment would have a
negligible impact on domestic producers and consumers of blueberry
plants.
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\5\ NASS, Noncitrus Fruits and Nuts: Price and Value by Crop,
US, 2000-2002.
---------------------------------------------------------------------------
Importation of Pelargonium Plants From the Canary Islands
We are proposing to require that Pelargonium spp. plants from the
Canary Islands be grown under certain conditions and accompanied by a
phytosanitary certificate. A phytosanitary certificate with an
additional declaration confirming that those growing conditions have
been met for Pelargonium spp. plants would minimize risk that such
organisms such as Helicoverpa armigera, Chrysodexixis chalcites and
Cornutiplusia circumflexa might enter the United States. No export data
are currently available for the Canary Islands regarding plant
cuttings. We invite the public to submit data on the possible effects
of this proposed change.
Importation of Approved Plants From Israel
We are proposing to require that plants from Israel be grown under
certain conditions and accompanied by a phytosanitary certificate along
with an additional declaration confirming that those growing conditions
have been met. Plants from Israel run the risk of harboring plant pests
such as Spodoptera littoralis and other pests which could be introduced
to the United States. S. littoralis is associated with cotton
production losses around the world. Without control measures, S.
littoralis could inflict heavy damage to both the yield and quality of
U.S. cotton production.
Israel exported $1.9 million worth of plant cuttings to the United
States in 2001, while the United States exported $11.7 million worth of
cuttings to the world.\6\ This change would help to safeguard the $3.6
billion worth of U.S. cotton production (2002).\7\ We have no reason to
expect that this change would have a significant effect on importers of
plants from Israel or on domestic cotton producers and consumers.
However, we invite the public to submit data on the possible effects of
this proposed change.
---------------------------------------------------------------------------
\6\ FAS., U.S. Trade Statistics, Israel and US, plant cuttings
code 06021, 2001.
\7\ USDA-NASS, U.S. cotton production value 2002.
---------------------------------------------------------------------------
Treatment of Regulated Articles
Under the current regulations in Sec. 319.37-4(b), any restricted
article may be sampled and inspected by an inspector under preclearance
inspection arrangements in the country in which the article was grown,
and must undergo any treatment contained in 7 CFR part 305 that is
ordered by the inspector. We are proposing to add a paragraph to Sec.
319.37-6 that would explicitly indicate that treatment of regulated
articles of nursery stock may be administered outside the United
States. We believe that this changes would not have any significant
impact on any U.S. entities, whether small or large.
Kenaf Seed From Mexico
Under the current regulations in Sec. 319.37-6(a), seeds of
Hibiscus spp. (Hibiscus, rose mallow) from any foreign country or
locality, at the time of importation into the United States, must be
treated for possible infestation with pink bollworm in accordance with
the applicable provisions of 7 CFR part 305. We are proposing to
provide an exception to the restriction for seeds of kenaf from Mexico
that are imported into pink bollworm generally infested
[[Page 74226]]
areas in the United States. The States of Arizona, New Mexico, and
Texas, and specific counties in California are pink bollworm generally
infested areas. Under our proposed rule, shipments of untreated kenaf
seed from Mexico would be authorized entry into those pink bollworm
generally infested areas subject to inspection. Immediately upon
release, those shipments would be subject to the domestic pink bollworm
quarantine regulations in Sec. Sec. 301.52 through 301.52-10, Subpart-
Pink Bollworm.
Allowing the importation of untreated kenaf seed from Mexico into
pink bollworm generally infested areas may have economic effects on
some U.S. entities; however, if effects occurred, they would be small,
given that the United States imports mainly processed kenaf and very
little seed and raw fiber.\8\ For example, on average between 1999 and
2001, the United States imported 0.3 percent of world imports of raw
(seeds are included) kenaf (table 1). U.S. demand for imported kenaf
seed from Mexico is not expected to increase significantly as a result
of the proposed change.
---------------------------------------------------------------------------
\8\ The primary focus of the kenaf development has been on the
newsprint industry with its annual world production near the 30
million tons level (Scott & Taylor, 1990). U.S. publishers and other
users account for nearly half of the world's total consumption of
the processed kenaf. Annual production of newsprint in the United
States is approximately 5 million tons. Traditionally, imports of
processed kenaf have accounted for about 60 percent of U.S.
consumption and demand has steadily increased at about 2.5 percent
annually.
---------------------------------------------------------------------------
Kenaf is an annual herbaceous plant of the Malvaceae family, and
its flowers are closely related to those of cotton, okra, and
hollyhock. Latin America, including Mexico, produces about 5 percent of
the world's kenaf seed and fiber (table 2). Kenaf seed can grow in many
parts of the United States, but it generally needs a long, warm growing
season to produce the necessary yield to make it a profitable crop.
Such a climate can only be found in the southern United States. Primary
production areas in the United States are Texas (lower Rio Grande
Valley), Louisiana, Mississippi, Georgia, and Florida. An estimated
8,000 acres of kenaf was grown in the United States in 1997.\9\
---------------------------------------------------------------------------
\9\ Economic Research Service, USDA, FLO-2002, May 2002.
Floriculture and Nursery Crops. Situation and Outlook Yearbook.
Table 1.--World Imports of Raw Kenaf Seeds & Fibers (Metric Tons)
------------------------------------------------------------------------
Calendar year 1999 2000 2001
------------------------------------------------------------------------
United States.................... 2,400 800 500
Mexico........................... 0 0 0
Rest of the world................ 330,300 288,200 272,200
World............................ 332,700 289,000 272,700
------------------------------------------------------------------------
Table 2.--World Production of Raw Kenaf Seeds & Fibers (Metric Tons)
------------------------------------------------------------------------
Crop year 1999-2000 2000-2001 2001-2002
------------------------------------------------------------------------
Developed countries \1\.......... 7,000 7,000 7,000
Latin America \2\................ 25,400 24,100 12,500
Rest of the world................ 427,100 388,300 409,800
World............................ 459,500 419,400 440,500
------------------------------------------------------------------------
\1\ Developed countries include Europe, United States, Australia, New
Zealand, Japan, and former Soviet Republics.
\2\ Latin America includes Mexico.
Source: Food & Agriculture Organization of the U.N., Commodities and
Trade Division, Current Situation & Short Term Outlook for Hard
Fibers, Kenaf, Jute, & Allied Fibers Statistics, December 2002.
The number and size of the entities that might be affected by this
proposed change is unknown. APHIS requests that the public provide
information regarding the kind and the number of entities that might be
affected.
Postentry Quarantine Requirements for Hydrangea spp.
We are proposing to decrease the amount of time imported Hydrangea
spp. must be grown in postentry quarantine conditions from 2 years to 9
months. This proposed change could affect the volume of Hydrangea spp.
imported into the United States because it would decrease the cost
associated with growing Hydrangea spp. in postentry quarantine
conditions after importation into the United States. With this change,
Canada's 9-month postentry growing period for Hydrangea spp. would be
equivalent to the postentry quarantine conditions specified in Sec.
319.37-7. Hydrangea spp. from another country or locality that are
imported into Canada and grown in accordance with Canadian postentry
growing requirements would be considered to be from Canada and would no
longer be required to be grown under postentry quarantine conditions
for 2 years after the time of importation into the United States.
Therefore, this change would relieve restrictions on the importation of
Hydrangea spp. from Canada.
Hydrangeas are summer-flowering shrubs which are usually shipped in
the late fall through early winter, after they have received a cold
storage treatment. There are nine main Hydrangea varieties in the
world. Only two, Hydrangea arborescens and Hydrangea quercifolia, are
native to the United States; the other seven are native to Asia.\10\
The popularity and production of hydrangeas have both been increasing
in the past few years in the United States and so has demand for them.
Thus, the shorter quarantine period for imported Hydrangea spp. would
benefit the U.S. public. However, it is difficult to measure the size
of any possible economic impact of this proposed change in postentry
quarantine duration for imported hydrangeas.
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\10\ Hydrangeas: Arboresscens (U.S. native), Quercifolia (U.S.
native), Aspera, Involucrata, Macrophylla Normalis, Macrophylla,
Paniculata, Anomala, & Macrophylla Serrata.
---------------------------------------------------------------------------
The number and size of the entities that might be affected by this
proposed change is unknown. APHIS requests that the public provide
information regarding the kind and the number of entities that might be
affected.
[[Page 74227]]
Postentry Quarantine Requirements for Chrysanthemum spp., Dendranthema
spp., Leucanthemella serotina, and Nipponanthemum nipponicum
We are proposing to decrease the amount of the time that certain
imported chrysanthemums (i.e., Chrysanthemum spp., Dendranthema spp,
Leucanthemella serotina, and Nipponanthemum nipponicum) must be grown
in postentry quarantine conditions from 6 months to 2 months if the
articles are grown in accordance with the requirements of an APHIS-
approved best management practices program. The proposed change would
affect the volume of chrysanthemums imported into the United States
because it would likely decrease the cost associated with growing them
in postentry quarantine conditions after their importation. PPQ has
determined that imported chrysanthemums that might be affected with
chrysanthemum white rust (CWR) are likely to express symptoms of this
disease if it is present within a 2-month postentry quarantine period;
the extra safeguards required by a best management practices program
act as an additional mitigation against the risk of articles with CWR
introducing the disease into the wider environment. Articles identified
as being affected with CWR can then be prevented from entering U.S.
commerce.
The economic effects of the proposed change are expected to be
positive, if small, for U.S. importers of chrysanthemums and the U.S.
public. The popularity of chrysanthemums in the United States has been
increasing and so has demand for them. In 2003, the value of imported
chrysanthemums was around $83.4 million, or 7 percent of the value of
all imported flowers (i.e., fresh cut flowers and florist plants).\11\
In the same year, the wholesale value of the domestic sales of
chrysanthemums reached $95 million.\12\ APHIS's efforts to prevent the
introduction of CWR safeguard the $14 billion U.S. floriculture and
nursery crop industries.
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\11\ USDA, FAS, U.S. Trade Statistics, HS 10 Digit Imports
0603107010, 0603107020, 0602903010.
\12\ USDA, ERS, Floriculture and Nursery Crops Outlook,
Electronic Outlook Report, FLO-1, September 12, 2002.
---------------------------------------------------------------------------
The shorter postentry quarantine period for imported chrysanthemums
would benefit both U.S. importers and U.S. consumers. This proposed
change would reduce the cost to the chrysanthemum importers, and those
savings may be passed along to U.S. buyers of these flowers in the form
of lower retail prices. However, the costs of implementing and
maintaining an APHIS-approved best management practices program, as
well as the benefits from the shorter quarantine period, are unknown.
Therefore, it is difficult to measure the size of the economic impact
of this proposed change in postentry quarantine duration for the
chrysanthemums.
The number and size of entities that might be affected by this
proposed change is unknown. APHIS requests the public provide
information regarding the kind and the number that might be affected.
Plants in Growing Media From Certain Areas in Canada
We are proposing to amend Sec. 319.37-8(b) allow importation of
restricted plant articles from areas of Canada that are infested with
potato cyst nematodes as long as they are grown in approved media and
isolated from potato cyst nematodes. APHIS has determined that
restricted articles from these areas that are grown in approved media
can be isolated in such a manner as to prevent the introduction of
potato cyst nematodes. These articles would be allowed to be imported
if they are grown in approved media and are accompanied by a
phytosanitary certificate with an additional declaration stating that
the facility in which they were produced is capable of isolating the
plants from nematodes and that the plants were isolated from nematodes
throughout their production. Allowing these restricted articles to
enter under these conditions would increase the flexibility of imports
while protecting the United States against potato cyst nematode
infestation. We have no reason to expect that this change would have a
significant effect on domestic producers and consumers of nursery
stock. However, we invite the public to submit data on the possible
effects of this proposed change.
Additions to the List of Approved Growing Media
We are proposing to amend Sec. 319.37-8(d) to allow unused clay
pots and new wooden baskets to be used as a growing media for epiphytic
plants. No trade information is currently available for clay pots and
wooden baskets. Planting epiphytic plants into new wooden baskets and
unused clay pots is a standard nursery practice. Importers have
requested that APHIS amend the regulations to allow them to import
plants in wooden baskets and clay pots. Neither medium is believed to
pose a pest risk. We have no reason to expect that this change would
have a significant effect on domestic producers and consumers of
nursery stock. However, we invite the public to submit data on the
possible effects of this proposed change.
Federal Plant Inspection Stations and Other Ports of Entry
We are proposing to add a plant inspection station in Linden, NJ,
to the list of Federal plant inspection stations in Sec. 319.37-14.
Adding this facility to the list of Federal plant inspection stations
would make importation of nursery stock more convenient and possibly
less costly for domestic sellers and consumers without reducing the
effectiveness of the regulations.
This proposed rule contains new information collection or
recordkeeping requirements (see ``Paperwork Reduction Act'' below).
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. 03-002-1.
Please send a copy of your comments to: (1) Docket No. 03-002-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 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.
In this document, we are proposing to amend the regulations on
importing nursery stock to eliminate various restrictions on the
importation of plants in vitro and kenaf seed; to establish programs
for the importation of approved plants from the Canary Islands and from
Israel; to require an additional declaration on the phytosanitary
certificate accompanying blueberry plants imported from Canada; to
require
[[Page 74228]]
that phytosanitary certificates include the genus and species names of
the restricted articles they accompany; to change the phytosanitary
certificate requirements for several restricted articles; to reduce the
postentry quarantine growing period for Hydrangea spp. and for certain
chrysanthemums; and to update the list of ports of entry and Federal
plant inspection stations. We are also proposing several other changes
to update and clarify the regulations and improve their effectiveness.
This proposal would relieve restrictions that appear unnecessary and
would update the existing regulations and make them easier to
understand and implement.
These changes will necessitate the use of certain information
collection activities, including the completion of phytosanitary
certificates.
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 0.2774 hours per response.
Respondents: Importers of nursery stock and foreign officials.
Estimated annual number of respondents: 804.
Estimated annual number of responses per respondent: 1.
Estimated annual number of responses: 804.
Estimated total annual burden on respondents: 223 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.
Lists of Subjects
7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
7 CFR Part 330
Customs duties and inspection, Imports, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements, Transportation.
7 CFR Part 340
Administrative practice and procedure, Biotechnology, Genetic
engineering, Imports, Packaging and containers, Plant diseases and
pests, Transportation.
Accordingly, we propose to amend 7 CFR parts 319, 330, and 340 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, 7701-7772, and 7781-7786; 21 U.S.C. 136
and 136a; 7 CFR 2.22, 2.80, and 371.3.
Sec. 319.28 [Amended]
2. In Sec. 319.28, the introductory text of paragraph (b)(7) would
be amended by removing the word ``listed'' and adding the word
``identified'' in its place.
3. Section 319.37-1 would be amended as follows:
a. By removing the definition for bulbs.
b. By adding new definitions, in alphabetical order, for bulb,
plant, plants in vitro, preclearance, regulated plants, and State to
read as set forth below.
c. By revising the definitions for from, inspector, person, plant
pest, restricted article, and United States to read as set forth below.
Sec. 319.37-1 Definitions.
* * * * *
Bulb. The portion of a plant commonly known as a bulb, bulbil,
bulblet, corm, cormel, rhizome, tuber, or pip, and including fleshy
roots or other underground fleshy growths, a unit of which produces an
individual plant.
* * * * *
From. An article is considered to be ``from'' an exporting country
or area when it was grown or propagated only in the exporting country
or area, or when it was grown in the exporting country or area after it
entered the exporting country or area from another country or area
under conditions that are equivalent to those that would be required by
the United States if the plant were imported into the United States
directly from any of the countries or areas where the plant was grown
prior to its entry into the exporting country or area.
* * * * *
Inspector. Any individual authorized by the Administrator of APHIS
or the Commissioner of Customs and Border Protection, Department of
Homeland Security, to enforce the regulations in this part.
* * * * *
Person. Any individual, partnership, corporation, association,
joint venture, or other legal entity.
* * * * *
Plant. Any plant (including any plant part) for or capable of
propagation, including a tree, a tissue culture, a plantlet culture,
pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a
root, and a seed.
Plant pest. Any living stage of any of the following that can
directly or indirectly injure, cause damage to, or cause disease in any
plant or plant product: A protozoan, a nonhuman animal, a parasitic
plant, a bacterium, a fungus, a virus or viroid, an infectious agent or
other pathogen, or any article similar to or allied with any of these
articles.
Plants in vitro. Plants in an aseptic medium in a closed container.
* * * * *
Preclearance. Phytosanitary certification and/or clearance in the
country in which the articles were grown, performed by or under the
regular supervision of APHIS.
* * * * *
Regulated plant. Any gymnosperm, angiosperm, fern, or fern ally.
Gymnosperms include cycads, conifers, and gingko. Angiosperms include
any
[[Page 74229]]
flowering plant. Fern allies include club moss, horsetail, whisk fern,
spike moss, and quillwort.
Restricted article. Any class of nursery stock or other regulated
plant, root, bulb, seed, or other plant product, for or capable of
propagation, excluding any prohibited articles listed in Sec. 319.37-
2(a) or (b) of this subpart, and excluding any articles regulated in
Sec. Sec. 319.8 through 319.24 or 319.41 through 319.74-4 and any
articles regulated in part 360 of this chapter.
* * * * *
State. Any of the several States of the United States, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of
Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the
United States, or any other territory or possession of the United
States.
* * * * *
United States. All of the States.
4. Section 319.37-2 would be amended as follows:
a. In the table in paragraph (a), new entries for ``Pelargonium
spp. plants not meeting the requirements for importation in Sec.
319.37-5(u)'', ``Plants (except bulbs, dormant perennials, plants in
vitro and seeds) not meeting the requirements for importation in Sec.
319.37-5(v)'', ``Rubus spp. not meeting the conditions for importation
in Sec. 319.37-5(f)'', and ``Vaccinium corymbosum plants not meeting
the conditions for importation in Sec. 319.37-5(t)'' would be added,
in alphabetical order, to read as set forth below.
b. Paragraph (c)(2) would be amended by removing the words ``Plant
Germplasm Quarantine Center, Building 320'' and adding the words
``National Plant Germplasm Inspection Station, Building 580'' in their
place; and by removing the words ``at a port of entry designated by an
asterisk in Sec. 319.37-14(b)'' and adding the words ``through any
Federal plant inspection station listed in Sec. 319.37-14'' in their
place.
Sec. 319.37-2 Prohibited articles.
(a) * * *
------------------------------------------------------------------------
Plant pests existing
Prohibited article (includes Foreign places in the places named
seeds only if specifically from which and capable of being
mentioned) prohibited transported with the
prohibited article
------------------------------------------------------------------------
* * * * * * *
Pelargonium spp. plants not Canary Islands Helicoverpa armigera,
meeting the conditions for (Spain). Chrysodeixis
importation in Sec. 319.37- chalcites, and
5(u). Cornutiplusia
circumflexa.
* * * * * * *
Plants (except bulbs, dormant Israel........... Spodoptera littoralis
herbaceous perennials, plants and other quarantine
in vitro, and seeds) not pests.
meeting the conditions for
importation in Sec. 319.37-
5(v).
* * * * * * *
Rubus spp. not meeting the Europe........... Rubus stunt agent.
conditions for importation in
Sec. 319.37-5(f).
* * * * * * *
Vaccinium corymbosum plants Canada........... Blueberry scorch
not meeting the conditions carlavirus.
for importation in Sec.
319.37-5(t).
* * * * * * *
------------------------------------------------------------------------
* * * * *
5. Section 319.37-3 would be amended as follows:
a. In paragraph (a)(3), by removing the word ``spp.'' the first
time it occurs.
b. By revising paragraph (a)(5) to read as set forth below.
c. In paragraph (a)(8), by removing the words ``Castanea spp.
(chestnut) or''.
d. In paragraph (b), in the introductory text of the paragraph and
in footnote 4, by removing the words ``Port Operations'' and adding the
words ``Permits, Registrations, Imports and Manuals'' in their place.
Sec. 319.37-3 Permits.
(a) * * *
(5) Lots of 13 or more articles (other than seeds, bulbs, or plants
in vitro whose importation is not otherwise prohibited or restricted in
this subpart) from any country except Canada;
* * * * *
6. Section 319.37-4 would be amended as follows:
a. By revising paragraph (a) to read as set forth below.
b. By adding a new paragraph (d) to read as set forth below.
Sec. 319.37-4 Inspection, treatment, and phytosanitary certificates
of inspection.
(a) Phytosanitary certificates of inspection. Any restricted
article offered for importation into the United States must be
accompanied by a phytosanitary certificate of inspection. The
phytosanitary certificate must include the genus and species name of
the restricted article that it accompanies. Phytosanitary certificates
are not required for the following restricted articles:
(1) Plants in vitro whose importation is not otherwise restricted
or prohibited by this subpart.
(2) Greenhouse-grown plants from Canada imported in accordance with
paragraph (c) of this section. These plants must be accompanied by a
certificate of inspection in the form of a label in accordance with
paragraph (c)(1)(iv) of this section attached to each carton of the
articles and to an airway bill, bill of lading, or delivery ticket
accompanying the articles.
(3) Seeds from Canada imported in accordance with paragraph (d) of
this section. Each carton of seed must be labeled as required by
(d)(2)(ii). Each shipment of seed must be accompanied by the documents
in (d)(2)(iii) and (d)(2)(iv), as necessary.
(4) Bulbs from the Netherlands accompanied by a special certificate
that lists a serial number, the scientific name of the bulb, the
country of its origin, and a date on which the special certificate
expires. The serial number must refer to a phytosanitary certificate
issued, held, and retrievable upon request by the national plant
protection organization of the Netherlands. The expiration date must be
4 weeks after the issuance of the phytosanitary certificate held by the
national plant protection organization of the Netherlands. Shipments of
bulbs from the Netherlands accompanied by this certificate may be
imported into the
[[Page 74230]]
United States without preclearance by APHIS.
* * * * *
(d) Certain seeds from Canada. Seeds imported from Canada may be
imported without a phytosanitary certificate if the following
conditions are met:
(1) The Canadian Food Inspection Agency shall:
(i) Establish and administer a seed export program under which
Canadian exporters of seed may operate;
(ii) Assign a unique identification number to each exporting
establishment enrolled in and approved by the seed inspection program;
(iii) Provide APHIS with a current list of the establishments
participating in its seed export program and their names, locations,
telephone numbers, and establishment identification numbers at the
start of the shipping season, and provide regular updates to that list
throughout the shipping season;
(iv) Enter into an agreement with APHIS that specifies the
documents that must accompany shipments of seeds under the seed export
program:
(A) Agricultural and vegetable seeds, as listed in the Federal Seed
Act regulations in part 361 of this chapter, must be accompanied by a
document certifying that the relevant provisions of the Federal Seed
Act have been followed;
(B) Other seeds must be accompanied by a document certifying that
the seeds have been inspected.
(2) Each seed exporter participating in the seed export program
shall enter into an agreement with the Canadian Food Inspection Agency
in which the exporter agrees to:
(i) Practice any and all safeguards the Canadian Food Inspection
Agency may prescribe in order to ensure that seed exported to the
United States is free of plant pests and that seed that does not meet
the requirements for exportation to the United States is separated from
seed that does;
(ii) Include an export certification document with each shipment
indicating the common name of the seed, the country of origin of the
seed, the establishment identification number assigned to the exporting
establishment under the Canadian Food Inspection Agency's seed export
program, and the lot number in addition to all other information
required to be present by Sec. 361.3 of this chapter.
(iii) Include other shipping documents as required with each
shipment:
(A) Shipments of agricultural and vegetable seeds, as listed in the
Federal Seed Act, must be accompanied by a document certifying that the
relevant provisions of the Federal Seed Act regulations in part 361 of
this chapter have been followed, as agreed upon by the Canadian Food
Inspection Agency and APHIS;
(B) Shipments of other seeds must be accompanied by a document
certifying that the seeds have been inspected, as agreed upon by the
Canadian Food Inspection Agency and APHIS.
7. Section 319.37-5 would be amended as follows:
a. In paragraph (a), by revising the country list at the end of the
paragraph to read as set forth below.
b. In paragraph (b)(1), by removing the words ``Federal Republic of
Germany'' and replacing them with the word ``Germany''.
c. In paragraphs (j)(1) and (j)(1)(i), by removing the words
``Federal Republic of Germany'' and replacing them with the word
``Germany'' each time they appear.
d. By adding new paragraphs (t), (u), and (v) to read as set forth
below.
Sec. 319.37-5 Special foreign inspection and certification
requirements.
(a) * * *
Algeria, Argentina, Armenia, Australia, Austria, Azerbaijan,
Azores, Belarus, Belgium, Bolivia, Bulgaria, Canada (only that portion
comprising Newfoundland and that portion of the Municipality of Central
Saanich in the Province of British Columbia east of the West Saanich
Road), Channel Islands, Chile, Colombia, Costa Rica, Crete, Croatia,
Cyprus, Czech Republic, Denmark (including Faeroe Islands), Ecuador,
Egypt, Estonia, Finland, France, Georgia, Germany, Great Britain,
Greece, Guernsey, Hungary, Iceland, India, Ireland, Italy, Japan,
Jersey, Jordan, Latvia, Lebanon, Lithuania, Luxembourg, Kazakhstan,
Kyrgyzstan, Malta, Mexico, Republic of Moldova, Morocco, the
Netherlands, New Zealand, Northern Ireland, Norway, Pakistan, Panama,
Peru, the Philippines, Poland, Portugal, Russian Federation, Serbia and
Montenegro, South Africa, Spain (including Canary Islands), Slovakia,
Slovenia, Sweden, Switzerland, Tajikistan, Tunisia, Turkmenistan,
Ukraine, Uzbekistan, and Venezuela.
* * * * *
(t) For any Vaccinium corymbosum plants from Canada, the
phytosanitary certificate of inspection required by Sec. 319.37-4 must
contain an additional declaration that such article was found by the
national plant protection organization of Canada to be free of
blueberry scorch carlavirus.
(u) Special foreign inspection and certification requirements for
Pelargonium spp. plants from the Canary Islands. Pelargonium spp.
plants from the Canary Islands may only be imported into the United
States in accordance with the requirements of this section, to prevent
the plant pests Helicoverpa armigera, Chrysodeixis chalcites, and
Cornutiplusia circumflexa from entering the United States.
(1) Phytosanitary certificate. The phytosanitary certificate of
inspection required by Sec. 319.37-4 that accompanies Pelargonium spp.
plants from the Canary Islands must contain additional declarations
that the plants were produced in an approved Spanish (Canary Island)
production site, that the production site is operated by a grower
participating in the export program for Pelargonium spp. plants
established by the national plant protection organization of Spain, and
that the plants were grown under conditions specified by APHIS as
described in this paragraph Sec. 319.37-5(u) to prevent infestation
with Helicoverpa armigera, Chrysodeixis chalcites, and Cornutiplusia
circumflexa.
(2) Grower registration and agreement. Persons in the Canary
Islands who produce Pelargonium spp. plants for export to the United
States must:
(i) Be registered and approved by the national plant protection
organization of Spain; and
(ii) Enter into an agreement with the national plant protection
organization of Spain whereby the producer agrees to participate in and
follow the export program for Pelargonium spp. plants established by
the national plant protection organization of Spain.
(3) Growing requirements. Growers in the Canary Islands who produce
Pelargonium spp. plants for export to the United States must meet the
following requirements for inclusion in the export program for
Pelargonium spp. plants established by the national plant protection
organization of Spain:
(i) Pelargonium spp. plants destined for export to the United
States must be produced in a production site devoted solely to
production of such plants.
(ii) The production sites in which such plants are produced must be
registered with the national plant protection organization of Spain.
Such production sites must employ safeguards agreed on by APHIS and the
national plant protection organization of Spain, including, but not
limited to, prescribed mesh screen size (if the production site is a
screenhouse) and
[[Page 74231]]
automatically closing doors, to ensure the exclusion of H. armigera.
(iii) Each production site in which plants destined for export to
the United States are grown must have at least one blacklight trap for
1 year following any of the following events:
(A) The construction of the production site;
(B) The entry of the production site into the approved plants
export program;
(C) The replacement of the covering of the production site; or
(D) The detection and repair of a break or tear in the plastic or
screening in the production site.
(4) Inspections. Inspections undertaken in the export program for
Pelargonium spp. plants established by the national plant protection
organization of Spain will include, but may not be limited to, the
following:
(i) The national plant protection organization of Spain will
inspect the plants and the production site during the growing season
and during packing.
(ii) Packing materials and shipping containers for the plants must
be inspected and approved by APHIS to ensure that they do not introduce
pests of concern to the plants.
(iii) Either APHIS or the national plant protection organization of
Spain will inspect the production site of the plants to ensure that
they meet standards of sanitation agreed upon by APHIS and the national
plant protection organization of Spain.
(iv) Inspectors from both APHIS and the national plant protection
organization of Spain will have access to the production site as
necessary to ensure that growers are employing the proper safeguards
against infestation of H. armigera, C. chalcites, and C. circumflexa
and that those safeguards are correctly implemented.
(v) The national plant protection organization of Spain will
provide APHIS with access to the list of registered and approved
growers at least annually.
(5) Ineligibility for participation. (i) Growers will be ineligible
for participation in the export program for Pelargonium spp. plants
established by the national plant protection organization of Spain and
their production sites will lose approved status if:
(A) Live Cornutiplusia circumflexa (or any other moth of the family
Noctuidae) are found in a production site;
(B) Live Cornutiplusia circumflexa (or any other moth of the family
Noctuidae) are found in a shipment of plants; or
(C) Growers violate the requirements set out in this section and by
the export program established by the national plant protection
organization of Spain.
(ii) A grower may be reinstated, and the grower's production sites
may regain approved status, by requesting reapproval and submitting a
detailed report describing the corrective actions taken by the grower.
Reapproval will only be granted upon concurrence from the national
plant protection organization of Spain and APHIS.
(6) Termination. APHIS may terminate the entire program if there
are repeated violations of procedural or biological requirements.
(7) Trust fund. The government of Spain must enter into a trust
fund agreement with APHIS before each growing season. The government of
Spain or its designated representative is required to pay in advance
all estimated costs that APHIS expects to incur through its involvement
in overseeing the execution of paragraph (u) of this section. These
costs will include administrative expenses incurred in conducting the
services enumerated in paragraph (u) of this section and all salaries
(including overtime and the Federal share of employee benefits), travel
expenses (including per diem expenses), and other incidental expenses
incurred by the inspectors in performing these services. The government
of Spain or its designated representative is required to deposit a
certified or cashier's check with APHIS for the amount of the costs
estimated by APHIS. If the deposit is not sufficient to meet all costs
incurred by APHIS, the agreement further requires the government of
Spain or its designated representative to deposit with APHIS a
certified or cashier's check for the amount of the remaining costs, as
determined by APHIS, before the services will be completed. After a
final audit at the conclusion of each shipping season, any overpayment
of funds would be returned to the government of Spain or its designated
representative or held on account until needed.
(v) Special foreign inspection and certification requirements for
plants from Israel. Plants from Israel, except bulbs, dormant
perennials, plants in vitro, and seeds, may only be imported into the
United States in accordance with the regulations in this section, to
prevent Spodoptera littoralis and other quarantine pests found in
Israel from entering the United States.
(1) Phytosanitary certificate. The phytosanitary certificate of
inspection required by Sec. 319.37-4 that accompanies plants from
Israel at the time of arrival at the port of first arrival in the
United States must contain additional declarations that the plants were
produced in an approved Israeli production site, that the production
site is operated by a grower participating in the export program for
plants established by the national plant protection organization of
Israel, and that the plants were grown under conditions specified by
APHIS as described in this paragraph Sec. 319.37-5(v) to prevent
infestation or contamination with Spodoptera littoralis or other
quarantine pests.
(2) Grower registration and agreement. Persons in Israel who
produce plants for export to the United States must:
(i) Be registered and approved by the national plant protection
organization of Israel; and
(ii) Enter into an agreement with the national plant protection
organization of Israel whereby the producer agrees to participate in
and follow the export program for plants established by the national
plant protection organization of Israel.
(3) Growing requirements. Growers in Israel who produce plants for
export to the United States must meet the following requirements for
inclusion in the export program for plants established by the national
plant protection organization of Israel:
(i) Plants destined for export to the United States must come from
a production site devoted solely to production of such plants.
(ii) The production sites in which such plants are produced must be
registered with the national plant protection organization of Israel.
These production sites must employ safeguards agreed on by APHIS and
the national plant protection organization of Israel to prevent the
entry of S. littoralis, including, but not limited to, insect-proof
screening over openings and double or airlock-type doors. Any rips or
tears in the insect-proof screening must be repaired immediately.
(iii) Each production site in which plants destined for export to
the United States are grown must have at least one blacklight trap for
1 year following any of the following events:
(A) The construction of the production site;
(B) The entry of the production site into the approved plants
export program;
(C) The replacement of the covering of the production site; or
(D) The detection and repair of a break or tear in the plastic or
screening in the production site.
(4) Inspections. Inspections undertaken in the export program for
plants established by the national plant protection organization of
Israel will
[[Page 74232]]
include, but may not be limited to, the following:
(i) The national plant protection organization of Israel will
inspect the plants and the production site weekly to ensure that no
quarantine pests are present.
(ii) Plants must be inspected to ensure that they are free of
quarantine pests before being allowed into the screened area of the
production site.
(iii) The national plant protection organization of Israel will
inspect the plants to ensure that no quarantine pests are present prior
to export.
(iv) Packing materials and shipping containers for the plants must
be inspected and approved by APHIS to ensure that they do not introduce
pests of concern to the plants.
(v) Either APHIS or the national plant protection organization of
Israel will inspect the production site of the plants to ensure that
they meet standards of sanitation approved by APHIS.
(vi) Inspectors from both APHIS and the national plant protection
organization of Israel will have access to the production site as
necessary to ensure that growers are employing the safeguards and
procedures prescribed by the program and that those safeguards and
procedures are correctly implemented.
(vii) The national plant protection organization of Israel will
provide APHIS with access to the list of registered and approved
growers at least annually.
(5) Ineligibility for participation. (i) Growers will be ineligible
for participation in the export program for plants established by the
national plant protection organization of Israel and their production
sites will lose approved status if:
(A) Live Spoeoptera littoralis are found in a production site;
(B) Live Spoeoptera littoralis are found at port inspection two
times during the shipping season in shipments from the same grower; or
(C) Growers violate the requirements set out in this section and by
the export program established by the national plant protection
organization of Israel.
(ii) A grower may be reinstated, and the grower's production sites
may regain approved status, by requesting reapproval and submitting a
detailed report describing the corrective actions taken by the grower.
Reapproval will only be granted upon concurrence from the national
plant protection organization of Israel and APHIS.
(6) Termination. APHIS may terminate the entire program if there
are repeated violations of procedural or biological requirements.
(7) Trust fund. The government of Israel must enter into a trust
fund agreement with APHIS before each growing season. The government of
Israel or its designated representative is required to pay in advance
all estimated costs that APHIS expects to incur through its involvement
in overseeing the execution of paragraph (v) of this section. These
costs will include administrative expenses incurred in conducting the
services enumerated in paragraph (v) of this section and all salaries
(including overtime and the Federal share of employee benefits), travel
expenses (including per diem expenses), and other incidental expenses
incurred by the inspectors in performing these services. The government
of Israel or its designated representative is required to deposit a
certified or cashier's check with APHIS for the amount of the costs
estimated by APHIS. If the deposit is not sufficient to meet all costs
incurred by APHIS, the agreement further requires the government of
Israel or its designated representative to deposit with APHIS a
certified or cashier's check for the amount of the remaining costs, as
determined by APHIS, before the services will be completed. After a
final audit at the conclusion of each shipping season, any overpayment
of funds would be returned to the government of Israel or its
designated representative or held on account until needed.
* * * * *
8. Section 319.37-6 would be revised to read as follows.
Sec. 319.37-6 Specific treatment and other requirements.
(a) The following seeds and bulbs may be imported into the United
States from designated countries and localities only if they have been
treated for the specified pests in accordance with part 305 of this
chapter. Seeds and bulbs treated prior to importation outside the
United States must be treated in accordance with Sec. 319.37-13(c). An
inspector may require treatment within the United States of articles
that have been treated prior to importation outside the United States
if such treatment is determined to be necessary:
------------------------------------------------------------------------
Pest(s) for
Seed/bulb Country/locality which treatment
is required
------------------------------------------------------------------------
Allium sativum (garlic) bulbs. Algeria, Armenia, Brachycerus spp.
Austria, Azerbaijan, and Dyspessa
Belarus, Croatia, ulula (Bkh.).
Czech Republic,
Egypt, France,
Georgia, Germany,
Greece, Hungary,
Iran, Israel, Italy,
Kazakhstan,
Kyrgyzstan, Republic
of Moldova, Morocco,
Portugal, Serbia and
Montenegro, Slovakia,
Slovenia, Republic of
South Africa, Spain,
Switzerland, Syria,
Russian Federation,
Tajikistan, Turkey,
Turkmenistan,
Ukraine, and
Uzbekistan.
Castanea and Quercus seeds. All except Canada and Curculio elephas
Mexico. (Cyllenhal), C.
nucum L., Cydia
(Laspeyresia)
splendana
Hubner, Pammene
fusciana L.
(Hemimene
juliana
(Curtis)) and
other insect
pests of
chestnut and
acorn.
Guizotia abyssinica (niger) All (see paragraph (c) Cuscuta spp.
seeds. of this section).
Hibiscus spp. (hibiscus, rose All except kenaf seed Pectinophora
mallow) seeds and Abelmoschus (Hibiscus cannabinus) gossypiella
ssp. (okra) seeds. from Mexico to be (Saunders)
imported into pink (pink
bollworm generally bollworm).
infested areas listed
in Sec. 301.52-2a.
Lathyrus spp. (sweet pea, All except North Insects of the
peavine) seeds, Lens spp. America and Central family
(lentil) seeds, and Vicia America. Bruchidae.
spp. (fava bean, vetch) seeds.
[[Page 74233]]
Rutaceae seeds................ Afghanistan, Andaman Xanthomonas
Islands, Argentina, axonopodis, pv.
Bangladesh, Brazil, citri (citrus
Caroline Islands, canker).
Comoro Islands, Fiji
Islands, Home Island
in Cocos, (Keeling)
Islands, Hong Kong,
India, Indonesia,
Ivory Coast, Japan,
Kampuchea, Korea,
Madagascar, Malaysia,
Mauritius,
Mozambique, Myanmar,
Nepal, Oman,
Pakistan, Papua New
Guinea, Paraguay,
People's Republic of
China, Philippines,
Reunion Island,
Rodriquez Islands,
Ryukyu Islands, Saudi
Arabia, Seychelles,
Sri Lanka, Taiwan,
Thailand, Thursday
Island, United Arab
Emirates, Uruguay,
Vietnam, Yemen
(Sanaa), and Zaire.
------------------------------------------------------------------------
(b) Seeds and bulbs that are treated within the United States must
be treated at the time of importation into the United States.
(c) Seeds of Guizotia abyssinica (niger seed) that are treated
prior to shipment to the United States at a facility that is approved
by APHIS \8\ and that operates in compliance with a written agreement
between the treatment facility owner and the plant protection service
of the exporting country, in which the treatment facility owner agrees
to comply with the provisions of this section and allow inspectors and
representatives of the plant protection service of the exporting
country access to the treatment facility as necessary to monitor
compliance with the regulations. Treatments must be certified in
accordance with the conditions described in Sec. 319.37-13(c).
---------------------------------------------------------------------------
\8\ Criteria for the approval of heat treatment facilities are
contained in part 305 of this chapter.
---------------------------------------------------------------------------
(d) Shipments of kenaf (Hibiscus cannabinus) seed from Mexico that
are imported into pink bollworm generally infested areas listed in
Sec. 301.52-2a shall be subject to inspection, and shall immediately,
upon release, be subject to the domestic pink bollworm quarantine
regulations in Sec. Sec. 301.52 through 301.52-10, ``Subpart-Pink
Bollworm,'' of this chapter.
9. Section 319.37-7 would be amended as follows:
a. In the table in paragraph (a)(3), by revising the entries for
``Fragaria spp.'', ``Jasminum spp.'', and ``Sorbus spp.'' to read as
set forth below.
b. By revising paragraph (d)(7)(ii) to read as set forth below.
c. By removing paragraph (g).
Sec. 319.37-7 Postentry quarantine.
(a) * * *
(3) * * *
------------------------------------------------------------------------
Restricted articles Foreign country(ies) or locality(ies)
(excluding seeds) from which imported
------------------------------------------------------------------------
* * * * * * *
Fragaria spp. (strawberry)... All except Armenia, Australia, Austria,
Azerbaijan, Belarus, Canada, Czech
Republic, Estonia, France, Georgia,
Great Britain, Italy, Japan, Latvia,
Lebanon, Lithuania, Kazakhstan,
Kyrgyzstan, Republic of Moldova, the
Netherlands, New Zealand, Northern
Ireland, Republic of Ireland, Russian
Federation, Slovakia, Switzerland,
Tajikistan, Turkmenistan, Ukraine, and
Uzbekistan.
* * * * * * *
Jasminum spp. (jasmine)...... All except Canada, Belgium, Germany,
Great Britain, India, and the
Philippines.
* * * * * * *
Sorbus spp. (mountain ash)... All except Canada, Czech Republic,
Denmark, Germany, and Slovakia.
* * * * * * *
------------------------------------------------------------------------
* * * * *
(d) * * *
(7) * * *
(ii) To grow the article or increase therefrom, if an article of
Chrysanthemum spp., Dendranthema spp, Leucanthemella serotina, and
Nipponanthemum nipponicum, or Dianthus spp. (carnation, sweet-william),
only in a greenhouse or other enclosed building, and to comply with the
above conditions for a period of 2 months after importation for an
article of Chrysanthemum spp., Dendranthema spp, Leucanthemella
serotina, and Nipponanthemum nipponicum that is grown in accordance
with an APHIS-approved best management practices program, for a period
of 6 months after importation for an article of Chrysanthemum spp.,
Dendranthema spp, Leucanthemella serotina, and Nipponanthemum
nipponicum that is not grown in accordance with an APHIS-approved best
management practices program, for a period of 1 year after importation
for an article of Dianthus spp. (carnation, sweet-william), and for a
period of 9 months after importation for an article of Hydrangea spp.
* * * * *
10. Section 319.37-8 would be amended as follows:
a. By revising paragraph (b) to read as set forth below.
b. In paragraph (c), by removing the words ``transparent or
translucent''.
c. In paragraph (d), by removing the words ``or coconut fiber'' and
adding the words ``coconut fiber, unused clay pots, or new wooden
baskets'' in their place.
Sec. 319.37-8 Growing media.
* * * * *
(b)(1) A restricted article from Canada may be imported in any
growing medium, except as restricted in paragraph (b)(2) of this
section.
(2) A restricted article from Newfoundland or from that portion of
the Municipality of Central Saanich in
[[Page 74234]]
the Province of British Columbia east of the West Saanich Road may only
be imported in an approved growing medium if the phytosanitary
certificate accompanying it contains an additional declaration that the
restricted article was produced in a production site approved by the
national plant protection organization of Canada as capable of
isolating the plants from infestation by potato cyst nematodes
(Globodera rostochiensis (Woll.) Behrens and G. pallida) and that the
restricted article was isolated from potato cyst nematode infestation
throughout its production.
* * * * *
Sec. 319.37-10 [Amended]
11. In Sec. 319.37-10, paragraph (b) introductory text would be
amended by removing the word ``listed'' and adding the word
``identified'' in its place.
12. Section 319.37-14 would be revised to read as follows.
Sec. 319.37-14 Ports of entry.
Any restricted article required to be imported under a written
permit pursuant to Sec. 319.37-3(a)(1) through (6) of this subpart, if
not precleared, may be imported or offered for importation only at a
Federal plant inspection station listed below. Ports of entry through
which restricted articles must pass before arriving at these Federal
plant inspection stations are listed in the second column. Any other
restricted article that is not required to be imported under a written
permit pursuant to Sec. 319.37-3(a)(1) through (6) of this subpart may
be imported or offered for importation at any Customs designated port
of entry indicated in 19 CFR 101.3(b)(1). Exceptions may be listed in
Sec. 330.104 of this chapter. Articles that are required to be
imported under a written permit that are also precleared in the country
of export are not required to enter at an inspection station and may
enter through any Customs port of entry. Exceptions may be listed in
Sec. 330.104 of this chapter.
List of Federal Plant Inspection Stations
------------------------------------------------------------------------
Federal plant
State Port of entry inspection station.
------------------------------------------------------------------------
Arizona....................... Nogales.......... Plant Inspection
Station, 9 North
Grand Avenue, Room
120, Nogales, AZ
85621.
California.................... Long Beach....... Los Angeles
Los Angeles...... Inspection Station,
San Pedro........ 11840 S. La Cienega
Blvd., Hawthorne, CA
90250.
San Diego........ Plant Inspection
Station, 9777 Via de
la Amistad, Room
140, San Diego, CA
92154.
Oakland.......... Plant Inspection
San Francisco.... Station, 389 Oyster
Point Blvd., Suite
2, South San
Francisco, CA 94080.
Florida....................... Miami............ Plant Inspection
(Note: Restricted Station, 3500 NW.
articles may be 62nd Avenue, Miami,
moved from Fort FL 33122.
Lauderdale to
Miami under U.S.
Customs bond).
Orlando.......... Plant Inspection
Station, 9317
Tradeport Drive,
Orlando, FL 32827.
Georgia....................... Atlanta.......... Hartsfield Perishable
Complex, 1270
Woolman Place,
Atlanta, GA 30354.
Guam.......................... Agana............ P.O. Box 8769,
Tamuning, GU 96931.
Hawaii........................ Honolulu Honolulu Inspection
(Airport). Station, Honolulu
International
Airport, 300 Rodgers
Blvd., 57,
Honolulu, HI 96819-
1897.
Louisiana..................... New Orleans...... Plant Inspection
Station, 900 East
Airline Service Road
A, Kenner, LA 70063.
Maryland...................... Baltimore........ (Niger seed may be
imported into the
Port of Baltimore
and treated at a
local treatment
facility).
New Jersey.................... Elizabeth........ Frances Krim Memorial
New York Inspection Station,
(Maritime). 2500 Brunswick
Newark........... Avenue, Building G,
Linden, NJ 07036.
New York...................... Jamaica (JFK).... Plant Inspection
Station, 230-59
International
Airport Centers
Boulevard, Building
C, Suite 100, Room
109, Jamaica, NY
11413.
Puerto Rico................... San Juan......... Plant Inspection
Station, 150 Central
Sector, Building C-
2, Warehouse 3,
Carolina, PR 00979.
Texas......................... Houston.......... Plant Inspection
Station, 19581 Lee
Road, Humble, TX
77338.
Los Indios....... Plant Inspection
Station, P.O. Drawer
Box 393, 100 Los
Indios Boulevard,
Los Indios, TX
78567.
Washington.................... Seattle.......... Plant Inspection
Station, 16215 Air
Cargo Road, Suite
112, Seattle, WA
98158-1301.
------------------------------------------------------------------------
Sec. 319.59-2 [Amended]
13. Section 319.59-2 would be amended as follows:
a. In paragraph (b)(1), by removing the words ``Plant Germplasm
Quarantine Center, Building 320'' and adding the words ``National Plant
Germplasm Inspection Station, Building 580'' in their place; and by
removing the words ``at any port of entry with an asterisk listed in
Sec. 319.37-14(b)'' and adding the words ``through any Federal plant
inspection station listed in Sec. 319.37-14'' in their place.
b. In paragraph (b)(2), by removing the words ``Plant Germplasm
Quarantine Center'' and adding the words ``National Plant Germplasm
Inspection Station'' in their place.
Sec. 319.75 [Amended]
14. In Sec. 319.75, paragraph (c)(2) would be amended by removing
the words ``Plant Germplasm Quarantine Center, Building 320'' and
adding the words ``National Plant Germplasm
[[Page 74235]]
Inspection Station, Building 580'' in their place; and by removing the
words ``at a port of entry designated by an asterisk in Sec. 319.37-
14;'' and adding the words ``through any Federal plant inspection
station listed in Sec. 319.37-14;'' in their place.
Sec. 319.75-8 [Amended]
15. Sec. 319.75-8 would be amended by removing the word ``listed''
and adding the word ``identified'' in its place.
PART 330--FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS;
SOIL, STONE, AND QUARRY PRODUCTS; GARBAGE
16. The authority citation for part 330 would continue to read as
follows:
Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21
U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.
17. Section 330.104 would be amended by revising all of the text
after the first sentence to read as follows:
Sec. 330.104 Ports of entry.
* * * The ports of entry shall be those named in 19 CFR
101.3(b)(1), except as otherwise provided by administrative
instructions or by permits issued in accordance with this part, and
except those ports of entry listed below.
List of Exceptions to Customs Designated Ports of Entry
------------------------------------------------------------------------
State Port of entry
------------------------------------------------------------------------
[Reserved]............................. [Reserved]
------------------------------------------------------------------------
PART 340--INTRODUCTION OF ORGANISMS AND PRODUCTS ALTERED OR
PRODUCED THROUGH GENETIC ENGINEERING WHICH ARE PLANT PESTS OR WHICH
THERE IS REASON TO BELIEVE ARE PLANT PESTS
18. The authority citation for part 340 would continue to read as
follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7
CFR 2.22, 2.80, and 371.3.
Sec. 340.4 [Amended]
19. In Sec. 340.4, paragraph (f)(11)(i) would be amended by
removing the words ``at a port of entry which is designated by an
asterisk in 7 CFR 319.37-14(b);'' and adding the words ``through any
Federal plant inspection station listed in Sec. 319.37-14 of this
chapter;'' in their place.
Sec. 340.7 [Amended]
20. In Sec. 340.7, paragraph (b) introductory text would be
amended by removing the words ``at a port of entry designated by an
asterisk in 7 CFR 319.37-14(b)'' and adding the words ``through any
Federal plant inspection station listed in Sec. 319.37-14 of this
chapter'' in their place.
Done in Washington, DC, this 8th day of December 2005.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-24031 Filed 12-14-05; 8:45 am]
BILLING CODE 3410-34-P