[Federal Register Volume 77, Number 150 (Friday, August 3, 2012)]
[Proposed Rules]
[Pages 46339-46340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19024]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 77, No. 150 / Friday, August 3, 2012 /
Proposed Rules
[[Page 46339]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2012-0001]
RIN 0579-AD67
Chrysanthemum White Rust Regulatory Status and Restrictions
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Advance notice of proposed rulemaking and request for comments.
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SUMMARY: We are soliciting public comment on whether and how we should
amend our process for responding to domestic chrysanthemum white rust
(CWR) outbreaks and the importation of plant material that is a host of
CWR. Domestically, CWR host plants must be surveyed and, if found to be
infected with CWR, must undergo quarantine, destruction, treatment, or
other sanitation measures called for in our National Management Plan.
The importation of CWR host plants for planting from a number of
countries and localities is currently prohibited to prevent the
introduction of CWR into the United States. In addition, importation of
cut flowers of CWR host plants from countries where CWR is known to
occur is currently restricted. We are reevaluating our current
regulatory strategy in order to improve the effectiveness and economic
efficiency of our programs. After evaluating public comment on the
issues presented in this document, we will determine whether to propose
changes to our existing regulations.
DATES: We will consider all comments that we receive on or before
October 2, 2012.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2012-0001-0001.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2012-0001, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2012-
0001 or in our reading room, which 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) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: Ms. Lynn Evans-Goldner, National
Program Manager, Emergency and Domestic Programs, PPQ, APHIS, 4700
River Road Unit 160, Riverdale, MD 20737; (301) 851-2286.
SUPPLEMENTARY INFORMATION:
Background
Puccinia horiana P. Henn. is a filamentous rust fungus and obligate
parasite that is the causal agent of chrysanthemum white rust (CWR), an
economically important disease in both field-grown and greenhouse-grown
chrysanthemum plants, as well as cut flower production. APHIS considers
P. horiana a quarantine pest. Reports of CWR occurrences within the
United States trigger eradication protocols in accordance with the CWR
National Management Plan for Eradication.\1\ Currently, the regulations
in 7 CFR 319.37-2(a) prohibit the entry into the United States of
plants for planting that are hosts of CWR from all countries where CWR
is known to occur, unless imported under the specific conditions of a
departmental permit in 7 CFR 319.372(c). Under 7 CFR 319.37-5(c),
importations of CWR host plants for planting imported from all other
countries are required to be accompanied by a phytosanitary certificate
with an additional declaration stating that the plants and place of
production have been inspected and found free of the causal agent of
CWR. Under Sec. 319.37-7, imported host material that meets the
conditions of Sec. 319.37-5(c) must be grown under the conditions of a
postentry quarantine growing agreement at an approved location for 6
months and be inspected by an inspector prior to being released from
quarantine.
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\1\ The CWR National Management Plan for Eradication is
available on the APHIS Web site at http://www.aphis.usda.gov/plant_health/plant_pest_info/cwr/downloads/cwrplan.pdf.
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The regulations in 7 CFR 319.74 restrict the entry into the United
States of cut flowers of CWR host plants from countries where CWR is
known to occur. Consignments of cut flowers of CWR host plants imported
from these countries must be accompanied by a phytosanitary certificate
with an additional declaration stating that the place of production and
the consignment have been inspected and found free of the causal agent
of CWR.
Despite these regulations, detections of CWR within the United
States continue to occur, leading to costly eradication measures that
must be undertaken by both Federal and State agencies. In addition,
many stakeholders no longer consider the causal agent of CWR to be a
pest of quarantine significance due to its limited host range, its
frequent detection within the United States, and the availability of
treatment/control measures within countries where it is present, and
have expressed interest in revisiting the regulatory status of CWR. For
these reasons, the Animal and Plant Health Inspection Service (APHIS)
is considering potential changes to our domestic CWR eradication
program and the CWR import regulations in an effort to improve the
effectiveness and economic efficiency of our programs.
We are publishing this advance notice of proposed rulemaking in
order to request public comment as we reconsider our regulatory
strategy for CWR. We are currently considering four options for the
future of the CWR program. The options under consideration are:
1. Continuing to manage CWR as a quarantine pest with the objective
of continuing to eradicate new infestations. This option would maintain
the current status of CWR with no changes to the program.
2. Revising the current regulations to designate CWR as a regulated
non-quarantine pest. A regulated non-quarantine pest is a pest whose
presence in plants for planting affects the intended use of those
plants with an
[[Page 46340]]
economically unacceptable impact and would therefore require regulation
within the United States and on all similar plant material imported
into the United States to ensure a low prevalence of CWR in production
facilities. Designating CWR as a regulated non-quarantine pest would
allow for the creation of a certification program for both domestic
propagators and propagators in foreign countries who want to export
cuttings of CWR hosts into the United States. This certification would
provide a level of protection against the possible shipment of CWR
infected cuttings from approved foreign facilities. Designating CWR as
a regulated non-quarantine pest would mean discontinuing the current
process for responding to domestic CWR outbreaks and the removal of CWR
from our list of actionable quarantine pests.
3. No longer managing CWR as a quarantine pest whose presence
requires an eradication-oriented response, but maintaining port of
entry restrictions for chrysanthemums destined to those States where
CWR is not present and where these States have established an official
control program under the Federally Regulated State-Managed
Phytosanitary Program. Any State wishing to establish an official
control program would have to conduct a survey demonstrating that CWR
does not already exist in the state, conduct periodic nursery
inspections illustrating the continued absence of CWR in growing
operations, and issue State level regulations which controls the
importation of CWR host material into the State and allows for the
eradication of CWR if detected within the State. Once a State's
official control program is approved by APHIS, any potential host of
CWR with that State as its intended final destination would be
inspected at the U.S. port and refused entry into the State if CWR is
found. However, potential CWR hosts arriving at ports, and destined for
States which do not have an official control program for CWR, would not
be inspected or regulated for CWR. Additional information regarding The
Federally Recognized State Managed Phytosanitary Program is available
on the APHIS Web site at http://www.aphis.usda.gov/plant_health/plant_pest_info/frsmp/index.shtml.
4. Completely removing CWR as a quarantine pest whose presence
requires an eradication-oriented response, thus allowing propagators
and growers to manage CWR as a quality pest of chrysanthemum without
Federal restrictions requiring eradication of this pest.
We welcome comments on these options, particularly on the
advantages and disadvantages of each option and the commenter's
preferred option. If none of the options under consideration seem
appropriate, we encourage the submission of new options or suggestions
that we may have overlooked, as well as comments on the advantages of
these new options or suggestions.
This action 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.
Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167; 7 CFR 2.22,
2.80, and 371.2(c).
Done in Washington, DC, this 30th day of July.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-19024 Filed 8-2-12; 8:45 am]
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