[Federal Register Volume 75, Number 65 (Tuesday, April 6, 2010)]
[Rules and Regulations]
[Pages 17289-17295]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7736]


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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2008-0052]
RIN 0579-AD07


Citrus Seed Imports; Citrus Greening and Citrus Variegated 
Chlorosis

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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

SUMMARY: We are amending the regulations governing the importation of 
nursery stock to prohibit the importation of propagative seed of 
several Rutaceae (citrus family) genera from certain countries where 
citrus greening or citrus variegated chlorosis (CVC) is present. We are 
also requiring propagative seed of these genera imported from all other 
countries to be accompanied by a phytosanitary certificate with an 
additional declaration that neither citrus greening nor CVC are known 
to occur in the country where the seed was produced. Scientific 
evidence indicates that seed of certain genera of the family Rutaceae 
may be a pathway for the introduction of those diseases. This action is 
necessary in order to prevent the introduction or dissemination of 
citrus greening and CVC into or within the United States.

DATES: This interim rule is effective April 6, 2010. We will consider 
all comments that we receive on or before June 7, 2010.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0052) to submit or view comments 
and to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send a copy of 
your comment to Docket No. APHIS-2008-0052, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2008-0052.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at (http://www.aphis.usda.gov).

FOR FURTHER INFOMATION CONTACT: Dr. Arnold Tschanz, Senior Plant 
Pathologist, Plant Health Programs, PPQ, APHIS, 4700 River Road Unit 
133, Riverdale, MD 20737-1231; (301) 734-0627.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR part 319, ``Foreign Quarantine Notices,'' 
prohibit or restrict the importation of certain plants and plant 
products to prevent the introduction or dissemination of plant pests 
and noxious weeds into the United States. The regulations in ``Subpart-
Citrus Canker and Other Citrus Diseases'' (Sec.  319.19) prohibit the 
importation into the United States of plants and plant parts, except 
fruit and seeds, of all genera, species, and varieties of the 
subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the 
botanical family Rutaceae (citrus) in order to prevent the introduction 
of citrus canker (Xanthomonas citri subsp. citri) into areas of the 
United States.
    The regulations contained in ``Subpart-Nursery Stock, Plants, 
Roots, Bulbs, Seeds, and Other Plant Products,'' Sec. Sec.  319.37 
through 319.37-14 (referred to below as the regulations), restrict, 
among other things, the importation of seeds for propagation. In this 
interim rule, we are amending the regulations to prohibit the 
importation of propagative seed of several Rutaceae genera from certain 
countries where citrus greening or citrus variegated chlorosis (CVC) is 
present. We are also requiring propagative seed of these genera 
imported from all other countries to be accompanied by a phytosanitary 
certificate with an additional

[[Page 17290]]

declaration that neither citrus greening nor CVC are known to occur in 
the country where the seed was produced. Finally, we are requiring 
propagative seed of genera that are hosts of citrus greening, but not 
of CVC, imported from a country in which CVC, but not citrus greening, 
is known to occur to be accompanied by a phytosanitary certificate with 
an additional declaration that citrus greening is not known to occur in 
the country where the seed was produced.
    Citrus greening, also known as Huanglongbing disease of citrus, is 
considered to be one of the most serious citrus diseases in the world. 
Citrus greening is a bacterial disease caused by strains of the 
bacterial pathogens ``Candidatus Liberibacter asiaticus'', ``Candidatus 
Liberibacter africanus'', and ``Candidatus Liberibacter americanus'' 
that attack the vascular system of host plants. The pathogens are 
phloem-limited, inhabiting the food-conducting tissue of the host 
plant, and causes yellow shoots, blotchy mottling and chlorosis, 
reduced foliage, and tip dieback of citrus plants. Citrus greening 
greatly reduces production, destroys the economic value of the fruit, 
and can kill trees. Once a tree is infected, there is no cure for 
citrus greening. In areas of the world where the disease is endemic, 
citrus trees decline and die within a few years and may never produce 
usable fruit. Citrus greening was first detected in the United States 
in Miami-Dade County, FL, in 2005, and is only known to be present in 
the United States in the States of Florida and Georgia, Puerto Rico, 
two parishes in Louisiana, and two counties in South Carolina. We 
discuss the actions that APHIS has taken to date in response to the 
presence of citrus greening in the United States later in this 
document.
    CVC is also a highly injurious disease of citrus. Caused by a 
strain of the bacterium Xylella fastidiosa, CVC causes severe chlorosis 
between veins on the leaves of affected plants. Leaves on affected 
plants frequently have discoloration of the upper leaf coupled with 
brown lesions underneath. CVC may reduce plant growth and lead to 
abnormal flowering and fruit production. CVC is currently not known to 
occur in the United States.
    The introduction of CVC into the United States could result in 
substantial economic losses. In 2000, the estimated damage caused by 
CVC in the State of S[atilde]o Paolo, Brazil, the site of the initial 
outbreak of CVC within the country and the State in which the disease 
is most prevalent, was approximately $129 million (considering the loss 
of plants in terminal stages, decrease in production, and disease 
control costs).\1\ Since that time, CVC has continued to cause major 
losses to citrus production throughout Brazil; these losses have 
exceeded several million dollars per year.\2\
---------------------------------------------------------------------------

    \1\ Source: Ayres, A. J. 2001. Citrus disease control in Brazil. 
China/Food and Agricultural Organization (FAO) Citrus Symposium, 
Beijing, People's Republic of China. FAO Corporate Document 
repository, (http://www.fao.org/docrep/003/X6732E/x6732e10.htm).
    \2\ Source: Chung, K. R., and L. W. Timmer. 2005. Citrus 
diseases exotic to Florida: Sweet orange scab (SOS) (EDIS document 
PP-224). Institute of Food and Agricultural Sciences, University of 
Florida, Gainesville, FL, USA.
---------------------------------------------------------------------------

    Emerging evidence suggests that propagative seed of genera that are 
hosts of citrus greening or CVC can transmit these diseases. First, 
when seedlings are generated from seed that is taken from plants 
infected with citrus greening, a small percentage of those seedlings 
have been found to be infected with citrus greening.\3\ Similarly, 
evidence has suggested that CVC may infect propagative seeds, and cause 
extensive damage to seed embryos. Moreover, seedlings grown from CVC-
infected seed have been shown to transmit CVC experimentally.\4\ This 
is important because the use of seedlings as rootstocks is the standard 
industry practice for the production of citrus trees, and both disease 
organisms can be present in infected plants without any visible signs 
or symptoms for several months or years. Therefore, infected seedlings 
could go undetected and serve as potential pathways for the diseases 
for an extended time.
---------------------------------------------------------------------------

    \3\ See, e.g., Halbert, Susan and Keremane L. Manjunath. Asian 
Citrus Psyllids (Sternorrhyncha: Psyllidae) and Greening Disease of 
Citrus: A Literature Review and Assessment of Risk in Florida. Found 
at (http://www.bioone.org/doi/pdf/10.1653/0015-4040%282004%29087%5B0330%3AACPSPA%5D2.0.CO%3B2).
    \4\ Source: Li, W.B., W.D. Pria, Jr., P.M. Lacava, et al. 
Presence of Xylella fastidiosa in Sweet Orange Fruit and Seeds and 
Its Transmission to Seedlings. Phytopathology (Vol. 93, No. 8) 2003, 
953-958.
---------------------------------------------------------------------------

    The Animal and Plant Health Inspection Service (APHIS) of the U.S. 
Department of Agriculture (USDA) has undertaken measures to control the 
artificial spread of citrus greening within the United States since its 
introduction in 2005. The most recent of these are a January 2008 
Federal Domestic Quarantine Order that quarantined the entire State of 
Florida for citrus greening, a June 2008 Federal Domestic Quarantine 
Order that designated Orleans Parish, LA, as a quarantined area, an 
October 2008 Federal Domestic Quarantine Order that designated 
Washington Parish, LA, as a quarantined area, a July 2009 Federal 
Domestic Quarantine Order that designated the State of Georgia and 
Beaufort and Charleston Counties, SC, as quarantined areas, and a 
December 2009 Federal Domestic Quarantine Order designating Puerto Rico 
as a quarantined area.\5\ Host articles, including propagative seed, 
produced within areas quarantined for citrus greening may only be moved 
interstate if destined for immediate export.
---------------------------------------------------------------------------

    \5\ To view these Federal Orders, go to (http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus_greening/regs.shtml). APHIS is currently undertaking rulemaking to codify 
these Federal Orders.
---------------------------------------------------------------------------

    APHIS has also taken actions to prevent the introduction or 
dissemination of citrus greening and CVC into or within the United 
States via the importation of propagative seed. On January 29, 2008, 
APHIS issued a Federal Import Quarantine Order that prohibited the 
importation of propagative seeds from certain genera in the family 
Rutaceae known to be hosts of citrus greening and/or CVC from countries 
in which one or both of these diseases are known to occur. The Federal 
Import Quarantine Order also required propagative seeds of known hosts 
of citrus greening and/or CVC from countries considered free of these 
diseases to be accompanied at the time of arrival at the first port of 
entry in the United States by an import permit and a phytosanitary 
certificate with an additional declaration that the country where the 
propagative seed was produced is free of citrus greening and CVC.
    On October 6, 2009, we updated the Federal Import Quarantine Order 
to prohibit the importation of seed of hosts of citrus greening from 
Belize, Cuba, the Dominican Republic, and Mexico, following the 
detection of citrus greening in those countries. This interim rule 
amends the regulations to reflect the action taken by APHIS via its 
Federal Import Quarantine Orders. In addition, based on the detection 
of citrus greening in Argentina and Jamaica after the October 6, 2009, 
Federal Import Quarantine Order was issued, we are prohibiting the 
importation of seed of host genera of citrus greening from those 
countries, as well.\6\
---------------------------------------------------------------------------

    \6\ We are also modifying the October 2009 Federal Order to 
consider seed of the genera Toddalia to be distinct from that of the 
genera Vepris. Emerging evidence suggests that the two genera 
sometimes have differing genetic histories.
---------------------------------------------------------------------------

    Nursery stock, plants, and other propagative plant material that 
can be inspected, treated, or handled to prevent them from spreading 
plant pests are designated in the regulations as restricted articles. 
Section 319.37-5 lists restricted articles that may be imported into 
the United States only if the

[[Page 17291]]

phytosanitary certificate required by Sec.  319.37-4 of the regulations 
contains an additional declaration that the restricted articles are 
free of specified plant pests or have been produced in accordance with 
certain requirements.
    We are amending Sec.  319.37-5 by adding a new paragraph (w) that 
specifies that seed of the genera Aeglopsis, Atalantia, Balsamocitrus, 
Bergera, Calodendrum, Citrofortunella, xCitroncirus, Citrus, Clausena, 
Fortunella, Limonia, Microcitrus, Murraya, Poncirus, Severinia, 
Swinglea, Toddalia, Triphasia, and Vepris from Argentina, Bangladesh, 
Belize, Bhutan, Brazil, Burundi, Cambodia, Cameroon, Central African 
Republic, China, Comoros, Cuba, the Dominican Republic, Ethiopia, 
Eritrea, India, Indonesia, Jamaica, Japan, Kenya, Laos, Madagascar, 
Malawi, Malaysia, Mauritius, Mexico, Myanmar, Nepal, Pakistan, Papua 
New Guinea, Philippines, R[eacute]union, Rwanda, Saint Helena, Saudi 
Arabia, Somalia, South Africa, Sri Lanka, Swaziland, Taiwan, Tanzania, 
Thailand, Timor-Leste, Vietnam, Yemen, and Zimbabwe is prohibited 
importation into the United States. The paragraph also states that, 
except for the countries listed in paragraph (x) of the section 
(discussed immediately below), seed of these genera from all other 
countries may be imported into the United States only if the 
phytosanitary certificate required by Sec.  319.37-4 contains an 
additional declaration that neither citrus greening nor CVC is known to 
occur in the country where the seed was produced.
    All the genera listed in the previous paragraph are known to be 
hosts of citrus greening, citrus greening is known to exist in all the 
listed countries, and both citrus greening and CVC are known to exist 
in Argentina and Brazil. Some citrus species have been shown to be 
hosts of CVC, and no citrus species has been determined to be immune to 
CVC. Accordingly, the available scientific evidence has led us to 
conclude that all Citrus species should also be considered hosts of 
CVC, which is why we have included the requirement for an additional 
declaration regarding CVC.
    Citrus greening is not known to exist in Costa Rica and Paraguay, 
but CVC is. Therefore, we are prohibiting the importation of seeds of 
hosts of CVC from those two countries into the United States; seeds 
that are hosts of citrus greening, but not of CVC, are not prohibited. 
However, as a risk mitigation measure and in order to establish 
consistency between our importation requirements for seed from these 
two countries and our requirements for other countries in which citrus 
greening is not known to occur, we are adding a new paragraph (x) to 
Sec.  319.37-5 that states that seed of the genus Citrus from Costa 
Rica and Paraguay is prohibited importation into the United States, but 
that seed of the genera Aeglopsis, Atalantia, Balsamocitrus, Bergera, 
Calodendrum, Citrofortunella, xCitroncirus, Clausena, Fortunella, 
Limonia, Microcitrus, Murraya, Poncirus, Severinia, Swinglea, Toddalia, 
Triphasia, and Vepris from these two countries may be imported into the 
United States only if the phytosanitary certificate required by Sec.  
319.37-4 contains an additional declaration that citrus greening is not 
known to occur in the country where the seed was produced.
    All seed of the family Rutaceae that is shipped to the United 
States from countries other than the countries listed earlier is a 
potential pathway for the introduction of citrus greening or CVC. 
Accordingly, we are also amending the table in Sec.  319.37-2(a), which 
lists prohibited articles, or nursery stock, plants, and other 
propagative material that cannot feasibly be inspected, treated, or 
handled in a manner that assures us that the articles will not 
introduce plant pests new to or not known to be widely distributed in 
the United States. As amended, Sec.  319.37-2(a) prohibits seed of 
Aeglopsis, Atalantia, Balsamocitrus, Bergera, Calodendrum, 
Citrofortunella, Citrus, xCitroncirus, Clausena, Fortunella, Limonia, 
Microcitrus, Murraya, Poncirus, Severinia, Swinglea, Toddalia, 
Triphasia, and Vepris spp. from all countries from being imported into 
the United States, unless it meets the conditions for importation in 
Sec.  319.37-5(w) or (x).
    Section 319.37-6 lists treatment and other requirements under which 
seeds of certain genera and species may be imported into the United 
States from countries and localities in which a plant pest is known to 
be present. This section currently requires seeds of all Rutaceae 
genera that are imported into the United States from countries in which 
citrus canker is known to occur to be treated for this disease.
    However, Rutaceae species are known to be hosts not only of citrus 
canker, but also of citrus greening and CVC. Moreover, the countries 
listed in this section as being affected with citrus canker are also, 
in certain instances, countries in which citrus greening or CVC is 
known to occur. Therefore, we are amending this section to clarify that 
it applies only to countries where citrus canker, but not citrus 
greening or CVC, is known to exist. Specifically, we are removing any 
country from the list of countries from which Rutaceae seed may be 
imported with treatment if it is also listed in the table in Sec.  
319.37-2(a) as a country in which either citrus greening or CVC is 
known to exist.
    (Please note: As amended, Sec.  319.37-6 will still allow seed of 
Rutaceae genera to be imported into the United States from certain 
countries in which citrus canker is known to exist following treatment, 
but the importation of all other plant parts of Rutaceae genera from 
those countries, other than fruit, is prohibited under Sec.  319.19.)
    Finally, we are updating the botanical name of citrus canker in 
Sec.  319.37-6. The name that has been used in the regulations, 
Xanthomonas axonopodis, pv. citri, is no longer used by the 
international taxonomic community. Accordingly, we are amending the 
regulations in Sec.  319.37-6 to reflect the current nomenclature, 
Xanthomonas citri subsp. citri.

Federal Preemption

    On May 20, 2009, the President issued a memorandum to the heads of 
executive departments and agencies on the subject of preemption. The 
memorandum states that it is the general policy of the Administration 
that preemption of State law by executive departments and agencies 
should be undertaken only with full consideration of the legitimate 
prerogatives of the States and with a sufficient legal basis for 
preemption. The memorandum further states:
    To ensure that executive departments and agencies include 
statements of preemption in regulations only when such statements have 
a sufficient legal basis:
     Heads of departments and agencies should not include in 
regulatory preambles statements that the department or agency intends 
to preempt State law through the regulation except where preemption 
provisions are also included in the codified regulation.
     Heads of departments and agencies should not include 
preemption provisions in codified regulations except where such 
provisions would be justified under legal principles governing 
preemption, including the principles outlined in Executive Order 13132.
    Since 1996, Executive Order 12988, ``Civil Justice Reform,'' has 
required agencies to include in each regulation a statement regarding 
its preemptive effects in regulatory preambles under the heading, 
``Executive Order 12988.''
    In compliance with the May 2009 memorandum from the White House,

[[Page 17292]]

we are adding preemption provisions to part 319 that would apply to 
this rule, as well as to the existing regulations in part 319. Part 319 
contains regulations that prohibit or restrict the importation of 
certain plants and plant products to prevent the introduction or 
dissemination of plant pests and noxious weeds into the United States.
    Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a 
State or political subdivision of a State may not regulate in foreign 
commerce any plant or plant product in order to control, eradicate, or 
prevent the introduction or dissemination of a biological control 
organism, plant pest, or noxious weed within the United States.
    Therefore, in accordance with section 436 of the Plant Protection 
Act, the regulations in part 319 preempt all State and local laws and 
regulations that are inconsistent with or exceed the regulations in 
part 319.
    Accordingly, in this interim rule, we are adding a new subpart, 
``Preemption,'' (Sec.  319.1), to codify the preemptive effect of the 
regulations in part 319.

Immediate Action

    Immediate action is necessary to amend the regulations to reflect 
the provisions of the October 6, 2009, Federal Import Quarantine Order 
issued to prevent the introduction or dissemination of citrus greening 
and CVC into or within the United States. Under these circumstances, 
the Administrator has determined that prior notice and opportunity for 
public comment are contrary to the public interest and that there is 
good cause under 5 U.S.C. 553 for making this action effective less 
than 30 days after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule.

Executive Order 12866 and Regulatory Flexibility Act

    This interim rule has been determined to be not significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget.
    We have prepared an initial regulatory flexibility analysis for 
this action. The analysis identifies nursery operations producing 
citrus nursery stock for field planting as the small entities most 
likely to be affected by this action and considers the losses that may 
occur due to prohibitions on the importation of propagative seed from 
countries where citrus greening or CVC is known to occur. Based on the 
information presented in the analysis, we expect that these operations 
are unlikely to be dependent on seed of those genera, but lack 
information regarding their size distribution. We invite comment on our 
initial regulatory flexibility analysis, which is posted with this 
interim rule on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov) and may be obtained from 
the person listed under FOR FURTHER INFORMATION CONTACT.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

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 0579-0049.

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) 851-2908.

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. Part 319 is amended by adding a new ``Subpart--Preemption,'' Sec.  
319.1, to read as follows:
Subpart--Preemption
Sec.
319.1 Preemption of State and local laws.

Subpart--Preemption


Sec.  319.1  Preemption of State and local laws.

    (a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), 
a State or political subdivision of a State may not regulate in foreign 
commerce any plant or plant product in order to control, eradicate, or 
prevent the introduction or dissemination of a biological control 
organism, plant pest, or noxious weed within the United States.
    (b) Therefore, in accordance with section 436 of the Plant 
Protection Act, the regulations in this part preempt all State and 
local laws that are inconsistent with or exceed the regulations in this 
part.

0
3. In Sec.  319.37-2, in the table in paragraph (a), new entries for 
``Aeglopsis spp. seed not meeting the conditions for importation in 
Sec.  319.37-5(w) or (x)'',``Atalantia spp. seed not meeting the 
conditions for importation in Sec.  319.37-5(w) or (x)'', 
``Balsamocitrus spp. seed not meeting the conditions for importation in 
Sec.  319.37-5(w) or (x)'', ``Bergera spp. seed not meeting the 
conditions for importation in Sec.  319.37-5(w) or (x)'', ``Calodendrum 
spp. seed not meeting the conditions for importation in Sec.  319.37-
5(w) or (x)'', ``Citrofortunella spp. seed not meeting the conditions 
for importation in Sec.  319.37-5(w) or (x)'', ``xCitroncirus spp. seed 
not meeting the conditions for importation in Sec.  319.37-5(w) or 
(x)'', ``Citrus spp. seed not meeting the conditions for importation in 
Sec.  319.37-5(w)'', ``Clausena spp. seed not meeting the conditions 
for importation in Sec.  319.37-5(w) or (x)'', ``Fortunella spp. seed 
not meeting the conditions for importation in Sec.  319.37-5(w) or 
(x)'', ``Limonia spp. seed not meeting the conditions for importation 
in Sec.  319.37-5(w) or (x)'', ``Microcitrus spp. seed not meeting the 
conditions for importation in Sec.  319.37-5(w) or (x)'', ``Murraya 
spp. seed not meeting the conditions for importation in Sec.  319.37-
5(w) or (x)'', ``Poncirus spp. seed not meeting the conditions for 
importation in Sec.  319.37-5(w) or (x)'', ``Severinia spp. seed not 
meeting the conditions for importation in Sec.  319.37-5(w) or (x)'', 
``Swinglea spp. seed not meeting the conditions for

[[Page 17293]]

importation in Sec.  319.37-5(w) or (x)'', ``Toddalia spp. seed not 
meeting the conditions for importation in Sec.  319.37-5(w) or (x)'', 
``Triphasia spp. seed not meeting the conditions for importation in 
Sec.  319.37-5(w) or (x)'', and ``Vepris spp. seed not meeting the 
conditions for importation in Sec.  319.37-5(w) or (x)'' are added, in 
alphabetical order, to read as follows:


Sec.  319.37-2  Prohibited articles.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                             Plant pests existing in the places
  Prohibited article (includes seeds         Foreign places from which           named and capable of being
   only if  specifically mentioned)                 prohibited                 transported with the prohibited
                                                                                           article
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Aeglopsis spp. seed not meeting the     All...............................  Candidatus Liberibacter spp.
 conditions for importation in Sec.                                          (Huanglongbing disease of citrus,
 319.37-5(w) or (x).                                                         Citrus greening).
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Atalantia spp. seed not meeting the     All...............................  Candidatus Liberibacter spp.
 conditions for importation in Sec.                                          (Huanglongbing disease of citrus,
 319.37-5(w) or (x).                                                         Citrus greening).
----------------------------------------------------------------------------------------------------------------
Balsamocitrus spp. seed not meeting     All...............................  Candidatus Liberibacter spp.
 the conditions for importation in                                           (Huanglongbing disease of citrus,
 Sec.   319.37-5(w) or (x).                                                  Citrus greening).
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Bergera spp. seed not meeting the       All...............................  Candidatus Liberibacter spp.
 conditions for importation in Sec.                                          (Huanglongbing disease of citrus,
 319.37-5(w) or (x).                                                         Citrus greening).
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Calodendrum spp. seed not meeting the   All...............................  Candidatus Liberibacter spp.
 conditions for importation in Sec.                                          (Huanglongbing disease of citrus,
 319.37-5(w) or (x).                                                         Citrus greening).
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Citrofortunella spp. seed not meeting   All...............................  Candidatus Liberibacter spp.
 the conditions for importation in                                           (Huanglongbing disease of citrus,
 Sec.   319.37-5(w) or (x).                                                  Citrus greening).
----------------------------------------------------------------------------------------------------------------
xCitroncirus spp. seed not meeting the  All...............................  Candidatus Liberibacter spp.
 conditions for importation in Sec.                                          (Huanglongbing disease of citrus,
 319.37-5(w) or (x).                                                         Citrus greening).
----------------------------------------------------------------------------------------------------------------
Citrus spp. seed not meeting the        All...............................  Candidatus Liberibacter spp.
 conditions for importation in Sec.                                          (Huanglongbing disease of citrus,
 319.37-5(w).                                                                Citrus greening); citrus variegated
                                                                             chlorosis.
----------------------------------------------------------------------------------------------------------------
Clausena spp. seed not meeting the      All...............................  Candidatus Liberibacter spp.
 conditions for importation in Sec.                                          (Huanglongbing disease of citrus,
 319.37-5(w) or (x).                                                         Citrus greening).
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Fortunella spp. seed not meeting the    All...............................  Candidatus Liberibacter spp.
 conditions for importation in Sec.                                          (Huanglongbing disease of citrus,
 319.37-5(w) or (x).                                                         Citrus greening).
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Limonia spp. seed not meeting the       All...............................  Candidatus Liberibacter spp.
 conditions for importation in Sec.                                          (Huanglongbing disease of citrus,
 319.37-5(w) or (x).                                                         Citrus greening).
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Microcitrus spp. seed not meeting the   All...............................  Candidatus Liberibacter spp.
 conditions for importation in Sec.                                          (Huanglongbing disease of citrus,
 319.37-5(w) or (x).                                                         Citrus greening).
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Murraya spp. seed not meeting the       All...............................  Candidatus Liberibacter spp.
 conditions for importation in Sec.                                          (Huanglongbing disease of citrus,
 319.37-5(w) or (x).                                                         Citrus greening).
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Poncirus spp. seed not meeting the      All...............................  Candidatus Liberibacter spp.
 conditions for importation in Sec.                                          (Huanglongbing disease of citrus,
 319.37-5(w) or (x).                                                         Citrus greening).
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Severinia spp. seed not meeting the     All...............................  Candidatus Liberibacter spp.
 conditions for importation in Sec.                                          (Huanglongbing disease of citrus,
 319.37-5(w) or (x).                                                         Citrus greening).
----------------------------------------------------------------------------------------------------------------

[[Page 17294]]

 
 
                                                  * * * * * * *
Swinglea spp. seed not meeting the      All...............................  Candidatus Liberibacter spp.
 conditions for importation in Sec.                                          (Huanglongbing disease of citrus,
 319.37-5(w) or (x).                                                         Citrus greening).
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Toddalia spp. seed not meeting the      All...............................  Candidatus Liberibacter spp.
 conditions for importation in Sec.                                          (Huanglongbing disease of citrus,
 319.37-5(w) or (x).                                                         Citrus greening).
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Triphasia spp. seed not meeting the     All...............................  Candidatus Liberibacter spp.
 conditions for importation in Sec.                                          (Huanglongbing disease of citrus,
 319.37-5(w) or (x).                                                         Citrus greening).
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Vepris spp. seed not meeting the        All...............................  Candidatus Liberibacter spp.
 conditions for importation in Sec.                                          (Huanglongbing disease of citrus,
 319.37-5(w) or (x).                                                         Citrus greening).
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
4. In Sec.  319.37-5, new paragraphs (w) and (x) are added to read as 
follows:


Sec.  319.37-5  Special foreign inspection and certification 
requirements.

* * * * *
    (w) Seed of the genera Aeglopsis, Atalantia, Balsamocitrus, 
Bergera, Calodendrum, Citrofortunella, xCitroncirus, Citrus, Clausena, 
Fortunella, Limonia, Microcitrus, Murraya, Poncirus, Severinia, 
Swinglea, Toddalia, Triphasia, and Vepris from Argentina, Bangladesh, 
Belize, Bhutan, Brazil, Burundi, Cambodia, Cameroon, Central African 
Republic, China, Comoros, Cuba, the Dominican Republic, Ethiopia, 
Eritrea, India, Indonesia, Jamaica, Japan, Kenya, Laos, Madagascar, 
Malawi, Malaysia, Mauritius, Mexico, Myanmar, Nepal, Pakistan, Papua 
New Guinea, Philippines, R[eacute]union, Rwanda, Saint Helena, Saudi 
Arabia, Somalia, South Africa, Sri Lanka, Swaziland, Taiwan, Tanzania, 
Thailand, Timor-Leste, Vietnam, Yemen, and Zimbabwe is prohibited 
importation into the United States. Except for those countries listed 
in paragraph (x) of this section, seed of these genera from all other 
countries may be imported into the United States only if the 
phytosanitary certificate required by Sec.  319.37-4 contains an 
additional declaration that neither citrus greening nor citrus 
variegated chlorosis is known to occur in the country where the seed 
was produced.
    (x) Seed of the genus Citrus from Costa Rica and Paraguay is 
prohibited importation into the United States. Seed of the genera 
Aeglopsis, Balsamocitrus, Bergera, Calodendrum, Citrofortunella, 
xCitroncirus, Clausena, Fortunella, Limonia, Microcitrus, Murraya, 
Poncirus, Severinia, Swinglea, Toddalia, Triphasia, and Vepris from 
Costa Rica and Paraguay may be imported into the United States only if 
the phytosanitary certificate required by Sec.  319.37-4 contains an 
additional declaration that citrus greening is not known to occur in 
the country where the seed was produced.
* * * * *

0
5. In Sec.  319.37-6, in paragraph (a), in the table, the entry for 
``Rutaceae, seeds of all species in the family'' is revised to read as 
follows:


Sec.  319.37-6  Specific treatment and other requirements.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                  Pest(s) for which treatment is
           Seed/bulb                            Country/locality                             required
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Rutaceae, seeds of all species  Afghanistan, Andaman Islands, Caroline Islands,  Xanthomonas citri subsp. citri
 in the family.                  Fiji Islands, Home Island in Cocos (Keeling)     (citrus canker).
                                 Islands, Hong Kong, Ivory Coast, Kampuchea,
                                 Korea, Mozambique, Oman, Rodriquez Island,
                                 Seychelles, Thursday Island, United Arab
                                 Emirates, and Zaire.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 17295]]

* * * * *
    Done in Washington, DC, this 31\st\ day of March 2010.

Gregory Parham,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-7736 Filed 4-5-10; 8:45 am]
BILLING CODE 3410-34-S