[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
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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.

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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.

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

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \2\ Floriculture and Nursery Crops Outlook/Electronic Outlook 
Report from the Economic Research Service/FLO-2006/June 2006/Andy 
Jerardo.
---------------------------------------------------------------------------

    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/.
---------------------------------------------------------------------------

    APHIS has prepared a national management plan which describes 
procedures in the event a nursery in the United States is infected with 
CWR. The plan calls for the nursery to be placed into quarantine 
status. If there are very few infected chrysanthemum plants, the grower 
has the option to use a fungicide to control the disease or to destroy 
the crop by incineration. However, no plant should leave the nursery 
for 8 weeks or until the nursery has been inspected and certified as 
being free from CWR. In addition to these containment measures, the 
plan calls for an inspection of every chrysanthemum grower and every 
residence within a quarter mile to be inspected for CWR.\4\
---------------------------------------------------------------------------

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

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

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

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

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

    In 1995, chrysanthemum growers in San Diego County, CA, spent, on 
average, $5,000 per business establishment to fight a CWR infestation. 
The infestation was eradicated quickly and followed by an 8-week host-
free period. However, the cost reached $100,000 for one greenhouse that 
experienced repeated infestations and remained quarantined for 10 
months. Between 1992 and 1997, direct and indirect losses from CWR 
infestations to chrysanthemum growers in Santa Barbara County, CA, were 
approximately $2 million. The county reported an annual value of 
chrysanthemum production of more than $10 million in 1997.\7\
---------------------------------------------------------------------------

    \7\ See footnote 5.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

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

    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