[Federal Register Volume 72, Number 63 (Tuesday, April 3, 2007)]
[Rules and Regulations]
[Pages 15805-15812]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6128]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Rules
and Regulations
[[Page 15805]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 03-016-3]
RIN 0579-AC18
Cut Flowers From Countries With Chrysanthemum White Rust
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the cut flowers regulations to establish
specific requirements for the importation of cut flowers that are hosts
of chrysanthemum white rust (CWR) from countries where the disease is
known to occur. We are also amending the nursery stock regulations to
update lists of countries where CWR is known to occur. We are making
these changes in order to make our cut flowers and nursery stock
regulations consistent. This action is necessary because of numerous
recent findings of CWR on cut flowers from Europe that pose a risk of
introducing CWR in the United States.
DATES: Effective Date: May 3, 2007.
FOR FURTHER INFORMATION CONTACT: Mr. Tony Roman, Import Specialist,
Commodity Import Analysis and Operation, PPQ, APHIS, 4700 River Road
Unit 133, Riverdale, MD 20737-1231; (301) 734-8758.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 319 prohibit or restrict the
importation of plants, plant parts, and related materials to prevent
the introduction of plant pests into the United States. The regulations
in ``Subpart-Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other
Plant Products,'' Sec. Sec. 319.37 through 319.37-14 (referred to
below as the nursery stock regulations) restrict, among other things,
the importation of living plants, plant parts, and seeds for
propagation. Conditions governing the importation of cut flowers into
the United States are contained in ``Subpart--Cut Flowers'' (Sec. Sec.
319.74-1 through 319.74-4, referred to below as the cut flowers
regulations).
On July 7, 2005, we published in the Federal Register (70 FR 39194-
39199, Docket No. 03-016-1) a proposal \1\ to amend the cut flowers
regulations to establish specific requirements for the importation of
cut flowers that are hosts of chrysanthemum white rust (CWR) from
countries where the disease is known to occur. We also proposed to
amend the nursery stock regulations to update lists of countries where
CWR is known to occur.
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\1\ To view the proposed rule and the comments we received, go
to http://www.regulations.gov, click on the ``Advanced Search'' tab,
and select ``Docket Search.'' In the Docket ID field, enter APHIS-
2005-0061, then click on ``Submit.'' Clicking on the Docket ID link
in the search results page will produce a list of all documents in
the docket.
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We solicited comments concerning our proposal for 60 days ending
September 6, 2005. On September 20, 2005, we published a document in
the Federal Register (70 FR 55036, Docket No. 03-016-2) reopening the
comment period for our proposed rule until October 21, 2005. We
received eight comments by that date. The comments were from
representatives of State and foreign governments, industry
organizations, importers and exporters, and distributors. Two of those
commenters supported the proposed rule. The remaining commenters
expressed some reservations, which are discussed below.
General Comments
Two commenters stated that information about production site
registration in the background section and the rule portion was
inconsistent. Specifically, the commenters stated that it was unclear
if all cut flower production sites in countries where CWR is known to
occur would have to register with their national plant protection
organizations (NPPOs) or if only those wishing to export to the United
States would have to do so.
The commenter is correct, in that the wording used in the
background section and the proposed regulatory text in our proposal
regarding production site registration was inconsistent. The background
section of the proposed rule stated that all production sites in
countries where CWR is known to occur would have to register with their
NPPOs. The proposed regulatory text stated that cut flowers would have
to originate from production sites that were registered with their
country's NPPO. It is our intent to only require those production sites
that wish to ship CWR-susceptible species of cut flowers to the United
States to register with their NPPOs. Because the error appeared only in
the background section, it is not necessary to make a change in the
regulatory text in this final rule.
One commenter took issue with our statement that CWR is not
established in the United States. The commenter said that the CWR
status of a country should be based on official survey information in
conformance with international standards. Also, the commenter stated
that we should recognize areas within countries as pest-free rather
than considering the entire country to be affected, and that this
recognition should be based upon official surveys conducted in
accordance with the International Plant Protection Convention's (IPPC)
standards for pest-free areas.
We maintain that CWR is not established in the United States. Based
on the definitions given in the International Standards for
Phytosanitary Measures (ISPM) No. 8, ``Determination of Pest Status in
an Area,'' when CWR is found in the United States, it fits under the
category of ``Transient: Actionable, under eradication.'' The
explanation of this category given in ISPM No. 8 is that ``the pest has
been detected as an isolated population which may survive into the
immediate future and, without phytosanitary measures for eradication,
may establish. Appropriate phytosanitary measures have been applied for
its eradication.'' As stated in the proposed rule, whenever CWR has
been detected in the United States, we have taken immediate action to
eradicate the disease. With regard to recognizing areas within
countries as CWR-free, we have not identified any CWR-free areas within
the countries where the disease is known to occur at this time, but
would be willing to do so if an affected country submits to APHIS
[[Page 15806]]
scientific documentation that demonstrates the pest-free status of an
area or areas within the country, and if the area otherwise meets the
requirements in ISPM No. 4 ``Requirements for the Establishment of Pest
Free Areas.''
One commenter stated that risk mitigations should be based on a
pest risk analysis, but noted that no pest risk analysis was done for
the proposed rule. The commenter stated that it would be useful for
APHIS to communicate to NPPOs the risks that have been identified by
APHIS in this matter.
We explained in our proposed rule that we have been
administratively regulating cut flowers from countries where CWR is
known to occur since 1974. Under these circumstances, we believe that
it is unnecessary to conduct a formal pest risk analysis. We also
stated in our proposed rule that we are currently applying similar
administrative restrictions to cut flowers from Mexico and the
Netherlands and that these measures have been effective in preventing
the introduction of CWR by cut flowers from those countries.
Two commenters stated that APHIS inspectors should not be allowed
to oversee program operations in other countries. One of the commenters
stated that APHIS being allowed to exercise influence over export
certifications is inconsistent with IPPC standards and that inspecting
production sites should be left up to the individual exporting country.
The second commenter took issue with the statement in our proposed rule
that, ``* * * if any shipment of cut flowers is found to be infested
with CWR upon arrival in the United States, we would prohibit imports
from the originating production site until such a time as APHIS and the
national plant protection organization of the exporting country can
agree that the eradication measures taken have been effective and the
pest risk within the production site has been eliminated.'' The
commenter stated that the effectiveness of eradication measures should
be determined by the exporting country's NPPO, not APHIS.
As the NPPO of the United States, we have the right to monitor
program operations in other countries in order to ensure that proper
procedures are being followed so as to prevent the introduction of
quarantine pests and diseases into the United States. APHIS inspectors
will monitor production sites and pest survey information, but the NPPO
of the individual countries will be ultimately responsible for
monitoring and applying appropriate pest-control measures when
necessary. Further, the APHIS inspectors who will be involved in
monitoring the effectiveness of each country's program will primarily
be APHIS employees who are already working closely with the NPPO in
each country. With regard to eradication measures, it is not our
intention to dictate which measures a country uses to eradicate CWR
once it is detected. Our concern is with ensuring that the measures
used by the production site have been effective and that the pest risk
within the production site has been eliminated.
One commenter stated that the taxonomy of the genus Chrysanthemum
has changed over the years and that the table of CWR hosts in Sec.
319.74-2 should reflect these changes. The commenter noted that the
plants belonging to the former Chrysanthemum spp. complex have been
transferred to several other genera and that only three species are now
recognized as belonging to the genus Chrysanthemum (i.e., C. carinatum,
C. coronarium and C. segetum). The commenter added that these species
are not hosts to CWR. The commenter also stated that the common name
``chrysanthemum'' should be associated with entries for the Dendrathema
spp., Nipponanthemum spp., Leucanthemella spp., and Ajania pacifica,
but not with entries of Chrysanthemum spp. Finally, the commenter
stated that in the proposed rule, Leucanthemum appears as a synonym for
a susceptible species when it is not considered a host and
Chrysanthemum appears as a susceptible species.
The commenter is correct in that the taxonomy of the genus
Chrysanthemum has changed over the years; however, the taxonomy has
changed again since the suggestions made by the commenter were used.
The earlier splitting of the genus referred to by the commenter caused
a lot of resistance and confusion, because these plants were well-known
as chrysanthemums and many countries did not want to use the new names.
In 1995, a formal proposal was made to the International Botanical
Congress to conserve the genus Chrysanthemum. The proposal was approved
in the 1999 meeting of the Botanical Congress and the resulting ``St.
Louis Code'' of 2000 conserved the genus Chrysanthemum. APHIS updated
the taxonomic names in accordance with the decision, and we use the
currently accepted names as treated in the USDA, Agricultural Research
Service Germplasm Resources Information Network. The table in Sec.
319.74-2 reflects the current taxonomy, and the synonyms listed in the
second column include those names in use before the genus Chrysanthemum
was conserved.
One commenter stated that plants for planting pose a greater risk
than cut flowers because cut flowers will shortly end up in someone's
home, while plants for planting can be propagated.
The regulations in Sec. 319.37-2 prohibit the importation of CWR-
susceptible species of plants for planting from countries where the
disease is known to occur. In addition, the regulations in Sec.
319.37-5(c) require that restricted articles from countries where CWR
is not known to occur be accompanied by a phytosanitary certificate
with a declaration that the ``article was grown in a greenhouse nursery
and found by the plant protection service of the country in which grown
to be free of CWR based on visual examination of the parent stock, the
articles for importation, and the greenhouse nursery in which the
articles for importation and the parent stock were grown, once a month
for 4 consecutive months immediately prior to importation.''
One commenter stated that we should clarify that Myclobutanil is
the only fungicide listed that is intended for foliar fungicide
application.
This information was provided in our economic analysis in a
paragraph discussing the measures taken if CWR is found in the United
States. We simply listed common pesticides that can be used to control
CWR and it was not our intention to describe specific details about the
appropriate uses of each of those pesticides. Further, the list was not
part of the proposed mitigation measures.
One commenter stated that the proposed survey of one-quarter mile
surrounding a positive site within the United States is too short. The
commenter added that USDA literature indicates that spores may be
dispersed by wind more than 700 meters (0.43 miles) away from the
positive site.
We are not making any changes in response to this comment because
it relates to our CWR national management plan and not the restrictions
for cut flowers imports set forth in this rule; however, we will
examine our national management plan and update it if warranted.
Effects on Existing Programs in Other Countries
One commenter stated that the rule would have a negative impact on
Canadian exporters because chrysanthemums are often imported to Canada,
made into bouquets, and then re-exported to the United States. These
cut flowers are not accompanied by a phytosanitary certificate. The
commenter was concerned that the
[[Page 15807]]
proposed requirements would cause demand to exceed supply because only
chrysanthemums that originated in a country where CWR is not known to
occur would be allowed re-exportation in Canadian bouquets. The
commenter also asked that consideration be given to the Flowers Canada
pilot program, which allows for certain species of cut flowers
originating from specific countries to enter the United States without
100 percent inspection. Along those same lines, a second commenter
asked if cut flowers from South American countries where CWR is known
to occur would be eligible for re-exportation to the United States if
they had been cleared through the Miami Cut Flower Release Program
before being moved to Canada and made into bouquets.
Based on numerous interceptions of CWR on cut flowers in recent
years, we believe it is necessary to require additional restrictions on
cut flowers from countries where CWR is known to occur. This means that
only flowers of Canadian origin, or that originate in a country where
CWR does not exist, will be eligible for importation under the
regulations unless the flowers are accompanied by a phytosanitary
certificate. With regard to the Flowers Canada pilot program,
currently, this program does not include chrysanthemums because of the
risk of introducing CWR into the United States; however, the Flowers
Canada program will not otherwise be affected by the rule. With regard
to the Miami Cut Flower Release Program, chrysanthemums from Canada
entering the United States for a second time will be allowed entry
because they have already been inspected and released in the United
States under the program.
Two commenters asked that the final rule take into account the fact
that in some countries, like Colombia, the programs in place to address
CWR are not directly run by the NPPO. The commenters added that APHIS
has not intercepted CWR on cut flowers from Colombia since 1990 despite
the large amount of flowers that are exported to the United States from
that country. One of the commenters stated that the measures imposed on
cut flowers from Colombia are equivalent to--and in some cases exceed--
the requirements set forth in our proposal, but that because of the
proposed requirement for direct participation by the NPPO of the
country of origin, Colombia would not be eligible to ship cut flowers
of CWR-susceptible species to the United States without substantially
modifying its existing procedures. The commenters requested that we
modify some of the proposed measures for Colombian exporters.
In Colombia, Ascoflores is an exporter's association that has a
cooperative working agreement with the Colombian Plant Protection
Organization to dedicate personnel to plant health programs in the cut
flower sector and currently oversees inspections of production sites
and issues plant health declarations for Colombian cut flowers. We
recognize that Colombia has in place measures that are not run by the
NPPO, but that are equivalent to the requirements set forth in our
proposal and that the rule is currently written as if APHIS will only
accept certifications and documentation from the NPPO of the country of
origin. We also acknowledge that as a result of Ascoflores' efforts, we
have not had any interceptions of CWR on cut flowers from Colombia for
more than 15 years and that this evidence supports the efficacy of the
current measures in place in Colombia. Therefore, we have amended Sec.
319.74-2(d)(3)(i) in this final rule to provide that production sites
must be registered with the NPPO of the country of origin or its
designee, and that the NPPO or its designee must provide a list of
registered sites to APHIS. In addition, we have amended Sec. 319.74-
2(d)(3)(ii) to provide that each shipment of cut flowers must be
accompanied by a phytosanitary certificate or equivalent documentation
issued by the NPPO of the country of origin or its designee, that
contains an additional declaration stating that the place of production
as well as the consignment have been inspected and found free of
Puccinia horiana.
Economic Analysis
One commenter took issue with the statement in our economic
analysis certifying that the proposed requirements would not have a
significant impact on a substantial number of small entities. The
commenter provided figures that demonstrated that the economic effects
of this rule on Colombian growers and exporters would be significant.
While we do recognize that the final rule will entail additional
costs for importers for inspection and certification in foreign
countries, the statement in the proposed rule referred to small
entities in the United States, not foreign countries. As required by
the Regulatory Flexibility Act, our economic analyses focus on the
effects of our rules on small entities within the United States. Under
the Plant Protection Act, our decisionmaking related to allowing or
denying the importation of commodities must be based on phytosanitary
considerations and not economic effects; even when considering the
economic effects on U.S. small entities.
Additional Changes in This Final Rule
Since the publication of our proposed rule, we have had several
findings of CWR on cut flowers from Ecuador. Therefore, in this final
rule, we are adding Ecuador to the list of countries where CWR is known
to occur.
In Sec. 319.74-2(d) of our proposed rule, we listed Norway and the
Ukraine as countries where CWR is known to occur; however, we failed to
include Norway and the Ukraine in the lists of countries in Sec.
319.37-2(a). In this final rule, we are correcting this error by adding
Norway and the Ukraine to the list of countries where CWR is known to
occur in Sec. 319.37-2(a).
In each of the places where a list of countries where CWR is known
to occur appeared in the proposed rule (i.e., Sec. Sec. 319.37-2(a)
and 319.74-2(d)(2)), we are amending those lists to update the listing
of countries that comprise the European Union. We are also amending the
table in Sec. 319.37-2(a) by amending the entries for Leucanthemella
serotina and Nipponanthemum nipponicum so that they reflect the
complete list of countries where CWR is known to occur. We overlooked
those two entries in our proposed rule. Similarly, we are amending
Sec. Sec. 319.37-5(c) and 319.37-7(a) to update the list of countries
where CWR is known to occur that appear in each of those paragraphs.
Finally, as mentioned previously in this document, the taxonomy of
Chrysanthemum has changed as a result of the conservation of the genus
Chrysanthemum. As a result of this conservation, species that were
formerly considered Dendranthema are now considered Chrysanthemum.
Therefore, we are amending Sec. Sec. 319.37-2(a) and 319.37-7(a)(3) by
revising the entries for Dendranthema spp. to read ``see Chrysanthemum
spp.'' This will prevent confusion on the part of importers who
continue to use the name Dendranthema. We are also amending the entries
for Chrysanthemum spp. in Sec. Sec. 319.37-2(a), 319.37-5(c), and
319.37-7(a)(3) by adding ``includes Dendranthema spp.''
Executive Order 12866 and Regulatory Flexibility Act
This 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.
[[Page 15808]]
We are amending the cut flowers regulations to establish specific
requirements for the importation of cut flowers that are hosts of CWR
from countries where the disease is known to occur. We are also
amending the nursery stock regulations to update lists of countries
where CWR is known to occur. This action is necessary because of
numerous recent findings of CWR on cut flowers from Europe that pose a
risk of introducing CWR in the United States.
In 2005, U.S. floriculture and nursery crop sales were close to
$15.2 billion based on growers' receipts. Chrysanthemums were among the
most profitable flowers for their growers. Total U.S. sales of
chrysanthemums were estimated at $86.2 million in 2002. Of this amount,
$68.9 million were attributed to florists' cut chrysanthemums and the
remaining $17.3 million to potted (i.e., hardy) chrysanthemums.
Chrysanthemums were not only one of the top four garden plants in terms
of sales in 2005, they were also the garden plants with the second
fastest price gains since 1995.\2\
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\2\ Floriculture and Nursery Crops Outlook/Electronic Outlook
Report from the Economic Research Service/FLO-2006/June 2006/Andy
Jerardo.
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Between 2001 and 2005, 10 percent ($64.7 million) of the money
spent on imported cut flowers was for chrysanthemums. About 91.6
percent of the cut flowers imported into the United States originate in
countries where, based on interceptions by U.S. inspectors, CWR
exists.\3\
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\3\ http://apps1.fao.org/ and http://untrade.fas.usda.gov/.
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APHIS has prepared a national management plan which describes
procedures in the event a nursery in the United States is infected with
CWR. The plan calls for the nursery to be placed into quarantine
status. If there are very few infected chrysanthemum plants, the grower
has the option to use a fungicide to control the disease or to destroy
the crop by incineration. However, no plant should leave the nursery
for 8 weeks or until the nursery has been inspected and certified as
being free from CWR. In addition to these containment measures, the
plan calls for an inspection of every chrysanthemum grower and every
residence within a quarter mile to be inspected for CWR.\4\
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\4\ Rizvi, Anwar S., Roeland Elliston, and Philip Bell,
``Chrysanthemum White Rust: A National Management Plan for Exclusion
and Eradication,'' June 2002.
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The fungicides most often recommended to fight the fungus Puccinia
horiana Henn., which causes CWR, are Myclobutanil, metam sodium,
Dazomet, Chloropicrin, and methyl bromide. The cost of fungicide
application varies, depending upon the plant size and number of leaves.
A study by the National Agricultural Pesticide Impact Assessment
Program and the University of California estimated the cost of
different chemical treatments per acre of ornamental/nursery plants
infected with fungus diseases, including CWR, by State. For field-grown
nursery plants, all acreage was treated with fungicides. The treatment
entailed spraying the flower plants with metam sodium, which costs $550
per acre, and then applying an herbicide at $200 per acre, totaling
$750 per acre. For greenhouse plants, the treatment costs to fight CWR
or any other fungus are higher.\5\
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\5\ Exotic Pests and Diseases: Biology, Economics, Public
Policy, 1999. Published by the Agricultural Issues Center.
University of California at Davis: pp. 76-86.
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In 1994, a property in California was quarantined after it was
found to have chrysanthemums infected with CWR. The State followed with
a survey around the affected residential area and found 70 more
properties in the area with infected chrysanthemums. It cost $32,000,
about $500 per residence, to eradicate the disease. A second survey by
the State conducted 8 weeks following the first treatment process found
very few remaining infected properties. However, the quarantine lasted
much longer the second time and the average cost per property reached
$7,000.\6\
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\6\ See footnote 5.
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In 1995, chrysanthemum growers in San Diego County, CA, spent, on
average, $5,000 per business establishment to fight a CWR infestation.
The infestation was eradicated quickly and followed by an 8-week host-
free period. However, the cost reached $100,000 for one greenhouse that
experienced repeated infestations and remained quarantined for 10
months. Between 1992 and 1997, direct and indirect losses from CWR
infestations to chrysanthemum growers in Santa Barbara County, CA, were
approximately $2 million. The county reported an annual value of
chrysanthemum production of more than $10 million in 1997.\7\
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\7\ See footnote 5.
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Potential Effects
The economic effects that could result from the changes in the
regulations are expected to be small for U.S. importers of cut
chrysanthemums. The cost of the phytosanitary certification will be
borne by the exporters, who may pass those costs on to U.S. importers.
The expected benefit from the changes in import requirements for cut
flowers from all countries where CWR is known to occur is the
protection of U.S. floriculture and nursery crop industries and the
jobs of the people they employ. In 2005, these two industries
contributed $15.2 billion in sales revenue to the U.S. economy.
Potential Effects on Small Entities
The Regulatory Flexibility Act requires that agencies specifically
consider the economic effects their rules on small entities. The Small
Business Administration has established the size standards based on the
North American Industry Classification System (NAICS) for determining
which economic entities meet the definition of a small firm. The small
entity size standard for nursery and tree production (NAICS code
111421) is $750,000 or less in annual receipts. A total of 1,691
floriculture operations out of 10,965 operations had sales of $500,000
or more. Thus, at least 85 percent of all floriculture operations can
be classified as small entities, and it is likely that an even higher
percentage can be classified as small entities due to the $250,000
discrepancy.\8\
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\8\ National Agricultural Statistics Service, Agricultural
Statistics Board, U.S. Department of Agriculture, 2001 Floriculture
Crops.
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This rule will continue to allow imports of cut chrysanthemums from
countries where CWR is known to occur, as long as the exporters from
these countries comply with the import requirements described in this
rule. We do not know the cost of certification in these countries
compared to the average value of imported consignments of
chrysanthemums, but it is expected to be minor. We do not expect that
small entities in the U.S. floriculture industry will be significantly
affected. However, the requirements will help safeguard the U.S.
floriculture and nursery industries from additional introductions of
CWR.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. If this 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.
[[Page 15809]]
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB) under OMB control number 0579-0271.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this rule, please contact Mrs. Celeste Sickles,
APHIS' Information Collection Coordinator, at (301) 734-7477.
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
0
Accordingly, we are amending 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
1. The authority citation for part 319 continues 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.
0
2. In the table in Sec. 319.37-2(a), the entries for ``Chrysanthemum
spp. (chrysanthemum)'', ``Dendranthema spp. (chrysanthemum)'',
``Leucanthemella serotina'', and ``Nipponanthemum nipponicum'' are
revised to read as follows:
Sec. 319.37-2 Prohibited articles.
(a) * * *
------------------------------------------------------------------------
Plant pests
existing in the
Prohibited article (includes places named and
seeds only if specifically Foreign places from capable of being
mentioned) which prohibited transported with
the prohibited
article
------------------------------------------------------------------------
* * * * * * *
Chrysanthemum, spp. Andorra, Argentina, Puccinia horiana
(chrysanthemum, includes Australia, Belarus, P. Henn. (white
Dendranthema spp.). Bosnia and rust of
Herzegovina, Brazil, chrysanthemum).
Brunei, Canary
Islands, Chile,
China, Colombia,
Croatia, Ecuador,
Iceland, Japan,
Korea, Liechtenstein,
Macedonia, Malaysia,
Mexico, Moldova,
Monaco, New Zealand,
Norway, Peru,
Republic of South
Africa, Russia, San
Marino, Switzerland,
Taiwan, Thailand,
Tunisia, Ukraine,
Uruguay, Venezuela,
Yugoslavia; the
European Union
(Austria, Belgium,
Bulgaria, Cyprus,
Czech Republic,
Denmark, Estonia,
Finland, France,
Germany, Greece,
Hungary, Ireland,
Italy, Latvia,
Lithuania,
Luxembourg, Malta,
Netherlands, Poland,
Portugal, Romania,
Slovakia, Slovenia,
Spain, Sweden, and
United Kingdom); and
all countries,
territories, and
possessions of
countries located in
part or entirely
between 90[deg] and
180[deg] East
longitude.
* * * * * * *
Dendranthema spp. See Chrysanthemum spp. See
(chrysanthemum). Chrysanthemum
spp.
* * * * * * *
Leucanthemella serotina....... Andorra, Argentina, Puccinia horiana
Australia, Belarus, P. Henn. (white
Bosnia and rust of
Herzegovina, Brazil, chrysanthemum).
Brunei, Canary
Islands, Chile,
China, Colombia,
Croatia, Ecuador,
Iceland, Japan,
Korea, Liechtenstein,
Macedonia, Malaysia,
Mexico, Moldova,
Monaco, New Zealand,
Norway, Peru,
Republic of South
Africa, Russia, San
Marino, Switzerland,
Taiwan, Thailand,
Tunisia, Ukraine,
Uruguay, Venezuela,
Yugoslavia; the
European Union
(Austria, Belgium,
Bulgaria, Cyprus,
Czech Republic,
Denmark, Estonia,
Finland, France,
Germany, Greece,
Hungary, Ireland,
Italy, Latvia,
Lithuania,
Luxembourg, Malta,
Netherlands, Poland,
Portugal, Romania,
Slovakia, Slovenia,
Spain, Sweden, and
United Kingdom); and
all countries,
territories, and
possessions of
countries located in
part or entirely
between 90[deg] and
180[deg] East
longitude.
* * * * * * *
Nipponanthemum nipponicum..... Andorra, Argentina, Puccinia horiana
Australia, Belarus, P. Henn. (white
Bosnia and rust of
Herzegovina, Brazil, chrysanthemum).
Brunei, Canary
Islands, Chile,
China, Colombia,
Croatia, Ecuador,
Iceland, Japan,
Korea, Liechtenstein,
Macedonia, Malaysia,
Mexico, Moldova,
Monaco, New Zealand,
Norway, Peru,
Republic of South
Africa, Russia, San
Marino, Switzerland,
Taiwan, Thailand,
Tunisia, Ukraine,
Uruguay, Venezuela,
Yugoslavia; the
European Union
(Austria, Belgium,
Bulgaria, Cyprus,
Czech Republic,
Denmark, Estonia,
Finland, France,
Germany, Greece,
Hungary, Ireland,
Italy, Latvia,
Lithuania,
Luxembourg, Malta,
Netherlands, Poland,
Portugal, Romania,
Slovakia, Slovenia,
Spain, Sweden, and
United Kingdom); and
all countries,
territories, and
possessions of
countries located in
part or entirely
between 90[deg] and
180[deg] East
longitude.
[[Page 15810]]
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
3. In Sec. 319.37-5, paragraph (c) is revised to read as follows:
Sec. 319.37-5 Special foreign inspection and certification
requirements.
* * * * *
(c) Any restricted article (except seeds) of Chrysanthemum spp.
(chrysanthemum, includes Dendranthema spp.), Leucanthemella serotina,
or Nipponanthemum nipponicum, from any foreign place except Andorra,
Argentina, Australia, Belarus, Bosnia and Herzegovina, Brazil, Brunei,
Canary Islands, Chile, China, Colombia, Croatia, Ecuador, Iceland,
Japan, Korea, Liechtenstein, Macedonia, Malaysia, Mexico, Moldova,
Monaco, New Zealand, Norway, Peru, Republic of South Africa, Russia,
San Marino, Switzerland, Taiwan, Thailand, Tunisia, Ukraine, Uruguay,
Venezuela, Yugoslavia; the European Union (Austria, Belgium, Bulgaria,
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,
Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain,
Sweden, and United Kingdom); and all countries, territories, and
possessions of countries located in part or entirely between 90[deg]
and 180[deg] East longitude shall, at the time of arrival at the port
of first arrival in United States, be accompanied by a phytosanitary
certificate of inspection. The phytosanitary certificate of inspection
must contain a declaration that such article was grown in a greenhouse
nursery and found by the plant protection service of the country in
which grown to be free from white rust of chrysanthemum (caused by the
rust fungus Puccinia horiana P. Henn.) based on visual examination of
the parent stock, the articles for importation, and the greenhouse
nursery in which the articles for importation and the parent stock were
grown, once a month for 4 consecutive months immediately prior to
importation.
* * * * *
0
4. In Sec. 319.37-7, paragraph (a)(3), the table is amended by
revising the entries for ``Chrysanthemum spp. (chrysanthemum) meeting
the conditions in Sec. 319.37-5(c)'', ``Leucanthemella serotina'', and
``Nipponanthemum nipponicum'', and by removing the entry for
``Dendranthema spp. (chrysanthemum) meeting the conditions in Sec.
319.37-5(c)'' and adding in its place an entry for ``Dendranthema spp.
(chrysanthemum)'' to read as follows:
Sec. 319.37-7 Postentry quarantine.
(a) * * *
(3) * * *
------------------------------------------------------------------------
Restricted article (excluding Foreign country(ies) or locality(ies)
seeds) from which imported
------------------------------------------------------------------------
* * * * * * *
Chrysanthemum spp. All except Andorra, Argentina, Australia,
(chrysanthemum, includes Belarus, Bosnia and Herzegovina, Brazil,
Dendranthema spp.) meeting Brunei, Canary Islands, Chile, China,
the conditions in Sec. Colombia, Croatia, Ecuador, Iceland,
319.37-5(c). Japan, Korea, Liechtenstein, Macedonia,
Malaysia, Mexico, Moldova, Monaco, New
Zealand, Norway, Peru, Republic of South
Africa, Russia, San Marino, Switzerland,
Taiwan, Thailand, Tunisia, Ukraine,
Uruguay, Venezuela, Yugoslavia; the
European Union (Austria, Belgium,
Bulgaria, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland,
Italy, Latvia, Lithuania, Luxembourg,
Malta, Netherlands, Poland, Portugal,
Romania, Slovakia, Slovenia, Spain,
Sweden, and United Kingdom); and all
countries, territories, and possessions
of countries located in part or entirely
between 90[deg] and 180[deg] East
longitude.
* * * * * * *
Dendranthema spp. See Chrysanthemum spp.
(chrysanthemum).
* * * * * * *
Leucanthemella serotina...... All except Andorra, Argentina, Australia,
Belarus, Bosnia and Herzegovina, Brazil,
Brunei, Canary Islands, Chile, China,
Colombia, Croatia, Ecuador, Iceland,
Japan, Korea, Liechtenstein, Macedonia,
Malaysia, Mexico, Moldova, Monaco, New
Zealand, Norway, Peru, Republic of South
Africa, Russia, San Marino, Switzerland,
Taiwan, Thailand, Tunisia, Ukraine,
Uruguay, Venezuela, Yugoslavia; the
European Union (Austria, Belgium,
Bulgaria, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland,
Italy, Latvia, Lithuania, Luxembourg,
Malta, Netherlands, Poland, Portugal,
Romania, Slovakia, Slovenia, Spain,
Sweden, and United Kingdom); and all
countries, territories, and possessions
of countries located in part or entirely
between 90[deg] and 180[deg] East
longitude.
* * * * * * *
Nipponanthemum nipponicum.... All except Andorra, Argentina, Australia,
Belarus, Bosnia and Herzegovina, Brazil,
Brunei, Canary Islands, Chile, China,
Colombia, Croatia, Ecuador, Iceland,
Japan, Korea, Liechtenstein, Macedonia,
Malaysia, Mexico, Moldova, Monaco, New
Zealand, Norway, Peru, Republic of South
Africa, Russia, San Marino, Switzerland,
Taiwan, Thailand, Tunisia, Ukraine,
Uruguay, Venezuela, Yugoslavia; the
European Union (Austria, Belgium,
Bulgaria, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland,
Italy, Latvia, Lithuania, Luxembourg,
Malta, Netherlands, Poland, Portugal,
Romania, Slovakia, Slovenia, Spain,
Sweden, and United Kingdom); and all
countries, territories, and possessions
of countries located in part or entirely
between 90[deg] and 180[deg] East
longitude.
* * * * * * *
------------------------------------------------------------------------
[[Page 15811]]
* * * * *
0
5. Section 319.74-2 is amended as follows:
0
a. By redesignating paragraphs (d) and (e) as paragraphs (e) and (f),
respectively.
0
b. By adding a new paragraph (d) to read as set forth below.
0
c. By adding, at the end of the section, an OMB citation to read as set
forth below.
Sec. 319.74-2 Conditions governing the entry of cut flowers.
* * * * *
(d) Chrysanthemum white rust hosts. (1) The following
Chrysanthemum, Leucanthemella, and Nipponanthemum spp. are considered
to be hosts of chrysanthemum white rust:
------------------------------------------------------------------------
Accepted name of susceptible
species Synonyms Common name
------------------------------------------------------------------------
Chrysanthemum arcticum L........ Arctanthemum Arctic
arcticum (L.) chrysanthemum and
Tzvelev and arctic daisy.
Dendranthema
arcticum (L.)
Tzvelev.
Chrysanthemum boreale (Makino) Chrysanthemum
Makino. indicum L. var.
boreale Makino
and Dendranthema
boreale (Makino)
Ling ex Kitam.
Chrysanthemum indicum L......... Dendranthema
indicum (L.) Des
Moul.
Chrysanthemum japonense Nakai... Dendranthema Nojigiku.
japonense (Nakai)
Kitam. and
Dendranthema
occidentali-
japonense Kitam.
Chrysanthemum japonicum Makino.. Chrysanthemum Ryuno-giku.
makinoi Matsum. &
Nakai and
Dendranthema
japonicum
(Makino) Kitam.
Chrysanthemumxmorifolium Ramat.. Anthemis Florist's
grandiflorum chrysanthemum,
Ramat., Anthemis chrysanthemum,
stipulacea and mum.
Moench,
Chrysanthemum
sinense Sabine ex
Sweet,
Chrysanthemum
stipulaceum
(Moench) W.
Wight,
Dendranthemaxgran
diflorum (Ramat.)
Kitam.,
Dendranthemaxmori
folium (Ramat.)
Tzvelev, and
Matricaria
morifolia Ramat.
Chrysanthemum pacificum Nakai... Ajania pacifica Iso-giku.
(Nakai) K. Bremer
& Humphries and
Dendranthema
pacificum (Nakai)
Kitam.
Chrysanthemum shiwogiku Kitam... Ajania shiwogiku Shio-giku.
(Kitam.) K.
Bremer &
Humphries and
Dendranthema
shiwogiku
(Kitam.) Kitam.
Chrysanthemum yoshinaganthum Dendranthema
Makino ex Kitam. yoshinaganthum
(Makino ex
Kitam.) Kitam.
Chrysanthemum zawadskii Herbich Chrysanthemum
subsp. yezoense (Maek.) Y. N. arcticum subsp.
Lee. maekawanum Kitam,
Chrysanthemum
arcticum var.
yezoense Maek.
[basionym],
Chrysanthemum
yezoense Maek.
[basionym],
Dendranthema
yezoense (F.
Maek.) D. J. N.
Hind, and
Leucanthemum
yezoense (Maek.)
[Aacute].
L[ouml]ve & D.
L[ouml]ve.
Chrysanthemum zawadskii Herbich Chrysanthemum
subsp. zawadskii. sibiricum Turcz.
ex DC., nom.
inval.,
Dendranthema
zawadskii
(Herbich)
Tzvelev, and
Dendranthema
zawadskii var.
zawadskii.
Leucanthemella serotina (L.) Chrysanthemum Giant daisy or
Tzvelev. serotinum L., high daisy.
Chrysanthemum
uliginosum
(Waldst. & Kit.
ex Willd.) Pers.,
and Pyrethrum
uliginosum
(Waldst. & Kit.
ex Willd.).
Nipponanthemum nipponicum Chrysanthemum Nippon daisy or
(Franch. ex Maxim.) Kitam. nipponicum Nippon-
(Franch. ex chrysanthemum.
Maxim.) Matsum.
and Leucanthemum
nipponicum
Franch. ex Maxim.
------------------------------------------------------------------------
(2) Chrysanthemum white rust is considered to exist in the
following regions: Andorra, Argentina, Australia, Belarus, Bosnia and
Herzegovina, Brazil, Brunei, Canary Islands, Chile, China, Colombia,
Croatia, Ecuador, Iceland, Japan, Korea, Liechtenstein, Macedonia,
Malaysia, Mexico, Moldova, Monaco, New Zealand, Norway, Peru, Republic
of South Africa, Russia, San Marino, Switzerland, Taiwan, Thailand,
Tunisia, Ukraine, Uruguay, Venezuela, Yugoslavia; the European Union
(Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia,
Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania,
Slovakia, Slovenia, Spain, Sweden, and United Kingdom); and all
countries, territories, and possessions of countries located in part or
entirely between 90[deg] and 180[deg] East longitude.
(3) Cut flowers of any species listed in paragraph (d)(1) of this
section may be imported into the United States from any region listed
in paragraph (d)(2) of this section only under the following
conditions:
(i) The flowers must be grown in a production site that is
registered with the national plant protection organization (NPPO) of
the country in which the production site is located or with the NPPO's
designee, and the NPPO or its designee must provide a list of
registered sites to APHIS.
(ii) Each shipment of cut flowers must be accompanied by a
phytosanitary certificate or equivalent documentation, issued by the
NPPO of the country of origin or its designee, that contains an
additional declaration stating that the place of production as well as
the consignment have been inspected and found free of Puccinia horiana.
(iii) Box labels and other documents accompanying shipments of cut
flowers must be marked with the identity of the registered production
site.
(iv) APHIS-authorized inspectors must also be allowed access to
production sites and other areas necessary to monitor the chrysanthemum
white rust-free status of the production sites.
(4) Cut flowers not meeting these conditions will be refused entry
into the United States. The detection of chrysanthemum white rust in a
shipment of cut flowers from a registered production site upon arrival
in the United States will result in the prohibition of imports
originating from the production site until such time when APHIS and the
NPPO of the exporting country, can agree that the eradication measures
taken have been
[[Page 15812]]
effective and that the pest risk within the production site has been
eliminated.
* * * * *
(Approved by the Office of Management and Budget under control
number 0579-0271.)
Done in Washington, DC, this 28th day of March 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-6128 Filed 4-2-07; 8:45 am]
BILLING CODE 3410-34-P