[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Proposed Rules]
[Pages 9851-9865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03058]
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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. 78, No. 29 / Tuesday, February 12, 2013 /
Proposed Rules
[[Page 9851]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 319 and 361
[Docket No. APHIS-2008-0071]
RIN 0579-AD47
Importation of Plants for Planting
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations on importing plants
for planting to add Turkey to the list of countries from which the
importation of restricted articles of Chrysanthemum spp.,
Leucanthemella serotina, and Nipponanthemum nipponicum into the United
States is prohibited due to the presence of white rust of
Chrysanthemum; to require permits for the importation of any seed that
is coated, pelleted, or embedded in a substrate that obscures
visibility; to provide for an alternate additional declaration on
phytosanitary certificates that accompany articles imported from a
country in which potato cyst nematodes are known to occur; to provide
conditions for the importation of Prunus spp. articles from Canada that
address the presence of plum pox potyvirus in that country; and to
provide for the importation of Dianthus spp. (carnations) from the
Netherlands. We are also proposing other changes to update and clarify
the regulations and to improve their effectiveness. These changes are
necessary to relieve restrictions that appear unnecessary, to update
existing provisions, and to make the regulations easier to understand
and implement.
DATES: We will consider all comments that receive on or before April
15, 2013.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2008-0071-0001.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2008-0071, 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-2008-
0071 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: Dr. Arnold Tschanz, Senior Plant
Pathologist, Plant Health Programs, PPQ, APHIS, 4700 River Road Unit
133, Riverdale, MD 20737-1236; (301) 851-2179.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 319 prohibit or restrict the
importation of certain plants and plant products into the United States
to prevent the introduction of quarantine plant pests. The regulations
contained in ``Subpart--Plants for Planting,'' Sec. Sec. 319.37
through 319.37-14 (referred to below as the regulations), restrict
among other things, the importation of living plants, plant parts, and
seeds for propagation or planting.
We are proposing to make several amendments to the regulations. Our
proposed amendments are discussed below.
Prohibitions and Restrictions on Importation; Disposal of Articles
Refused Importation (Sec. 319.37)
Paragraph (b) of Sec. 319.37 currently provides that, if a
regulated article is denied entry into the United States for non-
compliance with the regulations, the importer must destroy, ship to a
point outside the United States, or apply treatments or other
safeguards to the article in the manner and within the time period
prescribed by an inspector, to prevent the introduction into the United
States of quarantine pests. The paragraph further specifies that, in
choosing which actions to order and in setting the time limit for the
actions, the inspector shall consider the degree of pest risk presented
by the quarantine pest associated with the article, whether the article
is a host of the pest, the types of other host materials for the pest
in or near the port, the climate or season at the port in relation to
the pest's survival range, and the availability of treatment facilities
for the article.
However, there are often other factors that an inspector considers
in determining what remedial measures to order. For example, an
inspector may consider whether the manifest accompanying the article is
missing or incomplete, thus making it difficult to determine the origin
or contents of the shipment, or whether the article is considered a
high-risk pathway for the introduction of a quarantine pest into the
United States. To clarify, we would amend the paragraph to specify
that, in addition to the considerations already listed, an inspector
may also consider any other factors pertaining to the risk that the
article may present to plants, plant parts, or plant products within
the United States that he or she considers necessary in order to choose
an action and set a time limit.
Definitions (Sec. 319.37-1)
Currently, we define bulb in Sec. 319.37-1 of the regulations as:
``The portion of a plant commonly known as a bulb, bulbil, bulblet,
corm, cormel, rhizome, tuber, or pip, and including fleshy roots or
other underground fleshy growths, a unit of which produces an
individual plant.''
We have determined that this definition needs to be modified.
Primarily, the current definition conflates two types of plant
parts, bulbs and dormant herbaceous perennials, that are, in fact,
distinct. Bulbs, which include bulbils, corms, and cormels, are the
storage organ for a plant's reproductive structure while the plant is
in a state of dormancy. Within the context of our enforcement of the
regulations, we consider a bulb to remain a bulb until such time as
environmental conditions induce it to produce shoots. At that time, we
no longer regulate it as a bulb, but instead regulate it as a plant.
Dormant herbaceous perennials, which include rhizomes, tubers,
tuberous roots, pips, fleshy roots,
[[Page 9852]]
divisions, and underground fleshy growths, are the parts of a
herbaceous perennial plant that remain after the above-ground parts of
the plant have died back to the earth at the end of a growing season,
and while the perennial remains dormant. We consider a dormant
herbaceous perennial to include all plant parts of this dormant plant,
except the bulb. As we do for bulbs, we consider these plant parts to
be dormant herbaceous perennials until such time as they start to
sprout; at that point we consider them plants.
To reflect this distinction, we would revise the definition of bulb
to read as follows: ``The storage organ of a plant that serves as the
plant's sexual structure during dormancy. Examples include bulbs,
bulbils, bulblets, corms, and cormels. For purposes of this subpart, a
bulb remains a bulb until such time as environmental conditions induce
it to produce shoots. It is then considered a plant.''
We would define dormant herbaceous perennial as: ``Except for
bulbs, the portions of an herbaceous perennial that remain after the
above-ground parts of the plant have died back to the earth after the
growing season and the plant remains dormant. Examples include
rhizomes, tubers, tuberous roots, pips, fleshy roots, divisions, and
underground fleshy growths. For purposes of this subpart, dormant
herbaceous perennials remain dormant herbaceous perennials until such
time as environmental conditions induce them to sprout. They are then
considered plants.''
Several of our proposed amendments to the regulations in this rule
would draw a distinction between bulbs and dormant herbaceous
perennials. Adding a definition of dormant herbaceous perennial to the
regulations would clarify the nature of the distinction.
Currently, the definition of from provides, as a general rule, that
an article is ``from'' the country or locality in which it is grown.
However, the definition does provide that an article that was not grown
in Canada may be considered from Canada, subject to certain conditions.
One of these conditions is that the article must never have been grown
in a country from which it would be a prohibited article.
This condition presupposes that there is only one category of
articles, prohibited articles, whose importation into the United States
is not authorized under the regulations. However, in a final rule
published in the Federal Register on May 27, 2011 (76 FR 31172-31210,
Docket No. APHIS-2006-0011), we established another category, articles
whose importation into the United States is not authorized pending pest
risk analysis. Accordingly, we would amend the definition of from to
clarify that, for an article to be from Canada, it must never have been
grown in a country from which it would be a prohibited article or an
article whose importation into the United States is not authorized
pending pest risk analysis.
Additionally, we would revise the definition of phytosanitary
certificate of inspection, to make it consistent with the definition
provided in ``Subpart--Fruits and Vegetables'' (Sec. Sec. 319.56-1 to
319.56-58). That definition, found in Sec. 319.56-2, specifies that
all phytosanitary certificates of inspection must be consistent with
the model phytosanitary certificate provided by the International Plant
Protection Committee, of which the United States is a contracting
party, and more accurately describes the intent and content of
phytosanitary certificates of inspection.
We would, however, retain a provision in the current definition
that all phytosanitary certificates of inspection for plants for
planting must be issued not more than 15 days prior to shipment of
restricted articles. This provision is necessary because the potential
for infestation after phytosanitary inspection is, generally, greater
for plants for planting than it is for fruits and vegetables, and often
increases if the time period between inspection and shipment is
pronounced.
Finally, we would add a definition of Administrator. That term is
used frequently throughout the regulations, but is not defined. Our
proposed definition, ``the Administrator of the Animal and Plant Health
Inspection Service (APHIS), or any person authorized to act for the
Administrator,'' would be identical to the definition of Administrator
found in other parts of Chapter III of 7 CFR, and is the definition
most commonly associated with the term Administrator by regulated
entities.
Prohibited Articles (Sec. 319.37-2)
The table in paragraph (a) of Sec. 319.37-2 lists prohibited
articles. We are proposing several changes to entries in the table.
First, we would revise the entries for ``Chrysanthemum spp.
(chrysanthemum, includes Dendranthema spp.),'' ``Leucanthemella
serotina,'' and ``Nipponanthemum nipponicum,'' which prohibit the
importation of regulated articles of these genera from countries in
which Chrysanthemum white rust (CWR), a pest of concern for
Chrysanthemum spp., Leucanthemella serotina, and Nipponanthemum
nipponicum, is known to exist. In order to facilitate regulatory
compliance, we would amend the entries for Chrysanthemum spp.,
Leucanthemella serotina, and Nipponanthemum nipponicum to specify that
articles of these species are prohibited from all countries, unless
they meet the conditions of Sec. Sec. 319.37-5 and 319.37-7. In
Sec. Sec. 319.37-5 and 319.37-7, we would update the lists of regions
of the world from which Chrysanthemum spp., Leucanthemella serotina,
and Nipponanthemum nipponicum articles may not be imported to list
continents, followed by countries, and to remove references to lines of
longitude and latitude.
In amending Sec. Sec. 319.37-2, 319.37-5, and 319.37-7 in this
manner, we would expand the current prohibitions to include all of
Europe and Asia, including Turkey. Although the current regulations do
not list Turkey as a country in which CWR is known to exist, in
February and March 2007, there was a severe outbreak of the disease in
the cut flower-producing regions of Turkey. Since the outbreak, we have
considered Turkey to be a country in which CWR is known to occur, and
have imposed restrictions on the importation of Chrysanthemum spp.,
Leucanthemella serotina, and Nipponanthemum nipponicum plants from
Turkey in order to prevent the introduction of CWR into the United
States. Adding Turkey to the list of countries where CWR is known to
exist would codify those restrictions.
We would amend the entries for ``Acer spp. (maple) (except Acer
palmatum and Acer japonicum meeting the conditions for importation in
Sec. 319.37-5(m)'', ``Chaenomeles (flowering quince) spp. not meeting
the conditions for importation in Sec. 319.37-5(b)'', ``Cydonia
(quince) spp. not meeting the conditions for importation in Sec.
319.37-5(b)'', ``Malus spp. (apple, crabapple) not meeting the
conditions for importation in Sec. 319.37-5(b)'', and ``Vitis spp.
(grape) not meeting the conditions for importation in Sec. 319.37-
5(b).'' Conditions governing the importation of restricted articles of
these species into the United States are found not only in Sec.
319.37-5, but also in Sec. 319.37-7. (We would make parallel changes
to Sec. Sec. 319.37-5 and 319.37-7.)
We would also make several changes to update the nomenclature of
plant species listed in the table. First, there are currently entries
for Berberis, Mahoberberis, and Mahonia spp. that, apart from the
nomenclature used for the prohibited genera, are otherwise identical.
However, the international taxonomic community currently does not
consider Mahoberberis or Mahonia
[[Page 9853]]
to differ from Berberis. We would therefore remove each entry for
``Mahoberberis'' or ``Mahonia'' and add ``(includes Mahoberberis and
Mahonia spp.)'' to the entries for ``Berberis spp.''
For a similar reason, we would also remove the entries for
``Chrysalidocarpus spp. (butterfly palm)'' and ``Neodypsis spp.
(palm),'' and replace them with a single entry for ``Dypsis spp.
(butterfly palm).'' Finally, we would remove the entry for ``Arikuryoba
spp. (arikury palm)'', and replace it with an entry for ``Syagrus
schizophylla (Mart.) Glassman (arikury palm).''
Additionally, we would update the entry for Salix spp. (willow).
Currently, the entry prohibits the importation of Salix spp. plants
from Belgium, Germany, Great Britain, Japan, and the Netherlands to
prevent the introduction of Erwinia salicis (Day) Chester, or Watermark
disease. However, Erwinia salicis (Day) Chester is now considered a
synonym for Brenneria salicis (Day) Hauben et al. The updated entry
would specify that Watermark disease is known both as Brenneria salicis
(Day) Hauben et al. and as Erwinia salicis (Day) Chester.
(Please note that these proposed changes would pertain only to
nomenclature. We are not proposing to remove or otherwise alter the
existing prohibitions on the importation of plants of these genera.)
Permits (Sec. 319.37-3)
Section 319.37-3 lists certain categories of restricted articles
that may only be imported into the United States following issuance of
a written permit by APHIS. It also contains the process for obtaining a
permit, the conditions that will lead us to withdraw a permit that we
have issued, and the circumstances under which we may issue an oral
permit. We would make several additions, deletions, re-orderings, and
other amendments to paragraph (a); update paragraph (b); and make
nonsubstantive changes to paragraph (d).
Paragraph (a) lists restricted articles, currently found in
subparagraphs (a)(1) through (a)(19), that may be imported into the
United States only after issuance of a written permit.
Currently, these subparagraphs are arranged according to when they
were added to the regulations, and therefore are not in any particular
order. Thus, one of the broadest categories, which requires permits for
most small lots of seed imported into the United States, is
subparagraph (a)(18), while one of the most limited, which applies only
to articles of Corylus spp. that are from certain provinces in Canada
and that are destined to Oregon or Washington, is subparagraph (a)(14).
From time to time, this lack of order has led to inadvertent
oversights by importers, who have sought importation of an article into
the United States without the required permit solely because the
category the article belonged to was not one of the more prominent
subparagraphs. Therefore, we would reorder the subparagraphs to place
the broadest categories first.
We would redesignate current subparagraph (a)(5), which requires
permits for the importation of lots of 13 or more articles (other than
seeds, bulbs, or sterile cultures of orchid plants) from any country or
locality except Canada, as subparagraph (a)(1). (Current subparagraph
(a)(1), which requires permits for articles subject to treatment and
other requirements of Sec. 319.37-6, would be redesignated as
subparagraph (a)(6).) We would also amend current subparagraph (a)(5)
to clarify that one of the exemptions within it applies both to bulbs
and to dormant herbaceous perennials, provided that they have been
precleared and belong to a plant taxon approved by APHIS for
preclearance, and another of the exemptions applies only to seeds of
herbaceous plants.
The first amendment is necessary to codify a long-standing APHIS
policy and operational practice. Bulbs and dormant herbaceous
perennials that are precleared have been inspected by an inspector in
the country from which they were exported in accordance with an APHIS-
approved preclearance program and have been determined to meet the
conditions for importation of the articles into the United States.
Hence, prior to their arrival in the United States, they have already
been determined not to present a risk of introducing or disseminating
plant pests within the United States; requiring a permit to be issued
in order for the articles to be imported would be unnecessary. However,
bulbs and dormant herbaceous perennials that have not been precleared
have not necessarily been produced under such conditions or subject to
such inspections. Hence a risk basis exists for requiring such articles
to be accompanied by permits, and, operationally, we have long done so.
The latter amendment is necessary in order to distinguish this
exemption from the provisions of current subparagraph (a)(6), discussed
immediately below, which otherwise might appear in tension with the
exemption.
We would redesignate current subparagraph (a)(6), which requires
permits for the importation of seeds of trees or shrubs from any
country or locality except Canada, as paragraph (a)(2). To distinguish
the provisions of this subparagraph from the exemption in current
subparagraph (a)(5), we would also amend this subparagraph to clarify
that it pertains to seeds of non-herbaceous plants, such as trees and
shrubs.
We would remove current subparagraph (a)(3), which requires permits
for the importation of bulbs of Allium sativum (garlic), Crocosmia spp.
(montebretia), Gladiolus spp. (gladiolus), and Watsonia spp. (bugle
lily) from New Zealand. There have historically been no importations of
lots of fewer than 13 bulbs of these species from New Zealand into the
United States, and New Zealand does not have a preclearance program.
Hence, practically speaking, we consider the restrictions of this
subparagraph to duplicate those of proposed subparagraph (a)(1).
In place of current subparagraph (a)(3), proposed subparagraph
(a)(3) would list a new category of articles. Section 319.37-5 of the
regulations lists certain categories of restricted articles that must
be accompanied by a phytosanitary certificate of inspection containing
an additional declaration that the articles are free of specified
quarantine pests or have been produced in accordance with certain
requirements. Operationally, we have long required that such articles
be accompanied not only by a phytosanitary certificate, but also by a
written permit. The permit makes it clear to inspectors at a port of
first arrival that APHIS considers the phytosanitary certificate to
provide adequate assurance that the article is free of quarantine pests
and that, accordingly, APHIS authorizes the importation of the article
into the United States. Proposed subparagraph (a)(3) would codify this
operational practice.
We would remove current subparagraph (a)(4), which requires permits
for the importation of articles of Cocos nucifera (coconut) and
articles (except seeds) of Dianthus spp. (carnation, sweet-william)
from any country or locality except Canada. Only two countries, Jamaica
and Costa Rica, are authorized to export coconuts to the United States
under the regulations, and there are no documented importations of lots
of fewer than 13 coconuts from either country into the United States.
In addition, with very limited exceptions, importations of Dianthus
spp. require postentry quarantine in accordance with Sec. 319.37-7.
Hence this subparagraph
[[Page 9854]]
substantively duplicates the restrictions of proposed subparagraphs
(a)(2) and (a)(4).
We are proposing to add a new subparagraph (a)(7). This
subparagraph would codify a long-standing APHIS policy and operational
protocol by requiring permits for the importation of seed of herbaceous
plants for planting that is coated, pelleted, or embedded in a
substrate that obscures visibility. Visual identification and
inspection of coated, pelleted, or embedded seed is often difficult or
practically impossible. In the absence of an accompanying permit, it
would therefore be reasonable for an inspector at a port of first
arrival to consider the material to present an unknown risk to plants,
plant parts, or plant products within the United States, and to
prohibit or greatly restrict its importation. Hence, for the last
several years, we have required permits to be issued for the
importation of such seed so that the permit and its conditions may
serve as the primary means of identifying the articles at the port of
first arrival, and so that importers are provided with the specific
importation requirements for such seed.
(On a related matter, 7 CFR part 361 contains regulations that
APHIS has issued pursuant to the Federal Seed Act (7 U.S.C 1551-1661)
regarding the importation of seed of certain fruits, vegetables, and
herbs into the United States. Section 361.2 contains general
restrictions on the importation of such seed. Paragraph (d) of Sec.
361.2 provides that, except for Canadian-origin seed, if the seed is
coated or pelleted, it must be accompanied by an officially drawn and
sealed sample that was drawn before the seed was coated or pelleted.
That paragraph, and the other buttressing paragraphs in that section,
are written in a manner by which one could construe paragraph (d) of
Sec. 361.2 as providing the sole restrictions on the importation of
coated or pelleted seed in 7 CFR. However, the importation of such seed
has long been subject to the policy and operational protocol referenced
in the preceding paragraph. Hence we would amend paragraph (d) of Sec.
361.2 to clarify that it is meant to work in conjunction with proposed
paragraph (a)(7) of Sec. 319.37-3. In so doing, we would also extend
the scope of that paragraph to seed that is embedded in a substrate
that obscures visibility.)
In our proposed revision, subparagraphs (a)(8) through (a)(10)
would pertain to certain types of articles from Canada for which
permits are required. Current subparagraph (a)(7), which requires
permits for the importation of articles (except seeds) of Malus spp.
(apple, crabapple), Pyrus spp. (pear), Prunus spp. (almond, apricot,
cherry, cherry laurel, English laurel, nectarine, peach, plum, prune),
Cydonia spp. (quince), Chaenomeles spp. (flowering quince), and Rubus
spp. (cloudberry, blackberry, boysenberry, dewberry, loganberry,
raspberry) from Canada, would be redesignated as subparagraph (a)(8).
We would also amend that subparagraph to include articles (except
seeds) of Vitis spp. (grape). This amendment is necessary because the
paragraph is meant to work in conjunction with paragraph (b)(1) of
Sec. 319.37-5, which requires phytosanitary certificates for the
importation of restricted articles of these species from Canada.
However, while paragraph (b)(5) of Sec. 319.37-5 currently requires
restricted articles of Vitis spp. from Canada to be accompanied by a
phytosanitary certificate, articles of Vitis spp. are not currently
listed in subparagraph (a)(7) of Sec. 319.37-3.
In the current regulations, subparagraphs (a)(8) through (a)(14)
and (a)(16) provide that permits must be issued prior to the
importation of certain restricted articles into the United States only
if those articles are destined to certain States.
We developed these subparagraphs in coordination with State
departments of agriculture. In order for a State to be listed in one of
the subparagraphs, it had to have promulgated State quarantine
regulations regarding the movement of the restricted article into the
State in order to prevent the spread of a quarantine pest for which the
article is a host, and had to state that notification regarding the
importation of the article into the State was necessary for the
purposes of enforcing these quarantine regulations. APHIS would then
submit a copy of the permit to the State in order to provide such
notification.
Several of the States currently listed in these subparagraphs have
rescinded the quarantine regulations that led them to request
notification, or have stated to APHIS that notification is no longer
necessary for purposes of enforcing their regulations. In addition, for
those States that still request notification, we have long provided
such notification through other means and methods. Hence we consider
these subparagraphs to no longer be necessary, and are proposing to
remove them from the regulations.
Paragraph (b) of Sec. 319.37-3 contains the process for obtaining
a permit. It states that applications for permits should be submitted
to the Permits, Registrations, Imports and Manuals branch of APHIS'
Plant Protection and Quarantine (PPQ) program. However, due to
organizational restructuring, that branch no longer exists, and
permitting of plants, plant parts, and plant products is no longer
under the purview of only one branch within PPQ. Hence we would amend
paragraph (b) to provide that applications should be addressed directly
to PPQ. We would also amend a footnote in the paragraph to specify that
applications may be obtained via the Internet at http://www.aphis.usda.gov/plant_health/permits/index.shtml. That Web site
provides eAuthenticated persons with access to ePermits, APHIS' secure
site for online permit applications.
We are proposing to make nonsubstantive editorial changes to
paragraph (d) of the section. Specifically, we would remove references
to the Deputy Administrator of PPQ and replacing them with references
to the Administrator of APHIS, and we would replace certain legal terms
of art in the paragraph with more colloquial terms that express the
same concept.
Inspection, Treatment, and Phytosanitary Certificates of Inspection
(Sec. 319.37-4)
Paragraph (a) of Sec. 319.37-4 requires that most restricted
articles imported into the United States be accompanied by a
phytosanitary certificate of inspection, and specifies certain types of
general information required for such certificates. Subparagraphs
(a)(1) through (a)(4) list categories of restricted articles that we
allow to be imported into the United States without a phytosanitary
certificate or with documentation in lieu of a phytosanitary
certificate.
Currently, paragraph (a) does not provide specific phytosanitary
certificate requirements for plants that have been grafted, budded, or
otherwise contain interpolated plant parts. However, as an operational
policy, we have long asked that phytosanitary certificates for such
plants list the identity of any parts of the plant (e.g., scion,
rootstock, interstem) that belong to restricted taxa to the lowest
regulated taxonomic classification; this is because all restricted taxa
within the regulations are known to be a host of at least one
quarantine pest and restricted taxa do not lose this host status by
being grafted, budded, or interpolated. We would amend paragraph (a) to
codify this policy. We would also make nonsubstantive editorial changes
to the paragraph to make its relationship with the following paragraphs
in the section clearer.
Subparagraph (a)(4) of Sec. 319.37-4 exempts bulbs from the
Netherlands from having to be accompanied by a
[[Page 9855]]
phytosanitary certificate, provided that they are accompanied by a
special certificate that lists a serial number, the scientific name of
the bulb, the country of its origin, and the date on which the special
certificate expires. This paragraph is intended to pertain only to a
small subset of bulbs that are sold in small packages to international
travelers visiting the Netherlands, and that cannot feasibly be
precleared and inspected prior to export; commercial quantities of
bulbs from the Netherlands are subject to the restrictions of paragraph
(a) of Sec. 319.37-5, which requires the bulbs to be precleared by the
national plant protection organization (NPPO) of the Netherlands and
accompanied by a phytosanitary certificate.\1\ We would make editorial
changes to the paragraph to clarify its scope accordingly.
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\1\ For a discussion of the scope of subparagraph (a)(4), see
the December 15, 2005, proposed rule to add the subparagraph to the
regulations (70 FR 74215-74235, Docket No. 03-002-1).
---------------------------------------------------------------------------
Paragraph (b) of Sec. 319.37-4 provides for inspection of
restricted articles. The paragraph currently states that restricted
articles imported into the United States may be sampled and inspected
by an inspector at the port of first arrival, or alternatively, under
preclearance agreement arrangements in the country where the article
was grown. The language of this paragraph has occasionally proven
problematic, insofar as it is silent regarding the responsibilities of
the person importing the article, and can be construed to suggest that
inspections are entirely random, and initiated solely at the request of
the inspector. This is not the case; all restricted articles must be
presented for inspection by the importer. The inspector then determines
whether to sample and inspect the articles. We would amend paragraph
(b) to clarify the responsibilities of the importing party.
Special Foreign Inspection and Certification Requirements (Sec.
319.37-5)
Section 319.37-5 lists restricted articles that may be imported
into the United States only if the phytosanitary certificate required
by Sec. 319.37-4 of the regulations contains an additional declaration
that the restricted articles are free of specified quarantine pests or
have been produced in accordance with certain requirements. We are
proposing a number of changes to this section.
Importation of Restricted Articles from Countries in which Potato Cyst
Nematode is Known to Exist
Currently, paragraph (a) of the section lists countries in which
potato cyst nematodes (Globodera rostochiensis (Woll.) Behrens and G.
pallida (Stone) Behrens, PCN) are known to exist, and requires
restricted articles from those countries to be accompanied by a
phytosanitary certificate which contains an additional declaration that
the article was grown on land which has been sampled and
microscopically inspected by the NPPO of the country in which it was
grown within 12 months preceding issuance of the certificate and found
free from PCN. The paragraph currently exempts restricted seeds,
unrooted cuttings, articles collected from the wild, and articles
solely for food, analytical, or manufacturing purposes from these
additional declaration requirements.
We would remove the exemption for articles collected from the wild.
Such articles may not only be infested with PCN, but also pose an
unknown risk of being contaminated with other quarantine pests.
In addition, we would add an alternate additional declaration
option. Several countries in which PCN are known to exist have stated
that the additional declaration required under paragraph (a) pertains
only to restricted articles that are grown in soil or in contact with
soil, and thus the paragraph effectively prohibits the importation of
most restricted articles that are grown in media other than soil and in
a protected environment that precludes contact with soil (e.g., a
greenhouse with a concrete floor) within a country in which PCN are
known to exist. Since PCN are soil-borne pests, however, these
countries have stated that importation of articles grown in such
conditions should be allowed. We agree. Therefore, we would allow
restricted articles to be imported from the countries listed in
paragraph (a) if they are accompanied by a phytosanitary certificate
with the current additional declaration, or with an additional
declaration that the articles have been grown within a secure
environment in a production area that is free of PCN, in a soilless
growing medium, or in vitro, within a secure environment, and have not
been grown in soil nor come in contact with soil.
We would also update the list of countries in which PCN are known
to exist. Since we last updated the listed countries in a final rule
published in the Federal Register on August 6, 2007 (72 FR 43503-43524,
Docket No. 03-002-3), PCN have been discovered in Albania, Falkland
Islands, Indonesia, Libya, Liechtenstein, Madeira, Mallorca, Romania,
Sierra Leone, Sri Lanka, and Turkey. In addition, while the regulations
currently consider PCN to exist within Canada only in Newfoundland and
a portion of the Municipality of Central Saanich in the Province of
British Columbia, PCN were discovered in Quebec in 2006 and Alberta in
2007, at significant distances from all previous detections of PCN.
Moreover, since the movement of soil within Canada has historically not
been stringently regulated, there is a significant possibility of
future detections of PCN in other areas of Canada. Hence, we would
amend the list to consider PCN to exist in all areas of Canada that are
regulated by the NPPO of Canada for PCN. (We would also make parallel
changes to paragraph (b)(2) of Sec. 319.37-8, which contains
restrictions on the growing media that may accompany a restricted
article imported from an area of Canada that is regulated for PCN.)
Finally, we would restructure paragraph (a) so that it more closely
resembles other paragraphs within Sec. 319.37-5 that contain an
extensive list of countries, which would make that paragraph easier to
read.
Importation of Restricted Articles of the Genera Chaenomeles, Cydonia,
Malus, Prunus, Pyrus, and Vitis
The importation of all articles other than seed of the genera
Chaenomeles, Cydonia, Malus, Prunus, Pyrus, and Vitis from anywhere in
the world is prohibited in Sec. 319.37-2 unless those articles are
imported in accordance with paragraph (b) of Sec. 319.37-5. In
addition, the importation of seed of Prunus spp. seed from anywhere in
the world is prohibited in Sec. 319.37-2 unless the seed is imported
in accordance with paragraph (j) of Sec. 319.37-5.
Paragraph (b)(1) of Sec. 319.37-5 currently authorizes the
importation into the United States of restricted articles (except
seeds) of Chaenomeles, Cydonia, Malus, Prunus, Pyrus, and Vitis spp.
from Belgium, Canada, France, Germany, Great Britain, or the
Netherlands, if they are accompanied by a phytosanitary certificate
with an additional declaration that the articles were grown in a
nursery and found by the NPPO of the country in which they were grown
to be free of certain plant diseases, or alternatively, with an
additional declaration that those plant diseases do not occur in that
country. Paragraph (b)(3) of Sec. 319.37-5 lists the relevant plant
diseases.
Paragraph (b)(2) of Sec. 319.37-5 is meant to complement paragraph
(b)(1), and contains what are intended to be conditions for the
importation of budwood of certain Prunus species that are susceptible
to plum pox potyvirus from Belgium, France, Germany, Great
[[Page 9856]]
Britain, or the Netherlands. The restrictions in this paragraph are
necessary because the restrictions of paragraph (b)(1), in themselves,
do not adequately address the risk that plum pox potyvirus could follow
the pathway of susceptible Prunus spp. budwood that is imported from
these five countries.
In a similar manner, paragraph (j)(1) of Sec. 319.37-5 contains
conditions for the importation of seed of Prunus spp. that are
susceptible to plum pox potyvirus from Belgium, France, Germany, Great
Britain, or the Netherlands. This paragraph is necessary because plum
pox potyvirus can be transmitted by seed, and therefore could follow
the pathway of Prunus spp. seed imported from these five countries.
Paragraph (j)(2) complements paragraph (j)(1), and provides
additional conditions for the importation of seed of these Prunus spp.
from all other countries, unless plum pox potyvirus is known to exist
in that country.
We have determined that these paragraphs need to be both
consolidated and revised. A number of considerations have led us to
this conclusion. First, although paragraph (b)(2) is intended to apply
solely to budwood of Prunus spp. susceptible to plum pox potyvirus, the
regulations do not specify this restriction, but, rather, refer simply
to species of Prunus. When we added the provisions in this paragraph to
the regulations in 1980, the only article for which Belgium, France,
Germany, Great Britain, or the Netherlands sought importation into the
United States was budwood produced in pest-exclusionary nurseries that
were operated by the NPPO of the respective country or that
participated in a fruit tree certification program conducted by the
NPPO of the country, and that had also been approved by APHIS. Thus, at
that time, the scope of the paragraph was clear to the regulated
entities to which it pertained.
However, since 1980, production of Prunus spp. articles other than
budwood within those countries and demand for such Prunus spp. articles
within the United States have both increased significantly.
Correspondingly, the original intent and limited scope of the paragraph
has become more difficult to understand and apply. Hence, some
importers have considered paragraphs (b)(1) and (b)(2) to provide
alternative conditions for the importation of Prunus spp. articles from
Belgium, France, Germany, Great Britain, or the Netherlands, while
other importers have considered paragraphs (b)(2) and (j)(1) to provide
alternative conditions for the importation of Prunus spp. seed from
these same countries.
Second, since paragraphs (b) and (j) were last updated, plum pox
potyvirus has been detected in Canada. Accordingly, we need to amend
the regulations to specify conditions regarding the importation of
Prunus spp. from Canada that reflect the presence of this disease
within Canada.\2\ In addition, the list in paragraph (j)(2) of regions
and countries in which plum pox potyvirus is known to exist does not
reflect the detection of plum pox potyvirus in Argentina, Chile, and
Japan.
---------------------------------------------------------------------------
\2\ Paragraph (b)(1) of Sec. 319.37-5 does currently regulate
Prunus spp. for plum pox (=Sharka) potyvirus. However, as noted
above, the restrictions of this current paragraph do not address the
risk that plum pox potyvirus could follow the pathway of Prunus spp.
budwood or seed that is imported into the United States.
---------------------------------------------------------------------------
Third, paragraph (b)(1) needs to be rewritten in a manner which
makes it clear that the paragraph pertains only to species of Prunus
that are not susceptible to plum pox potyvirus, and is not intended to
address the risk associated with the importation of species that are
susceptible to the disease.
Fourth, paragraph (b)(1) is currently silent with regard to grafted
articles, or articles in which plant parts from one plant are inserted
into those of another plant for purposes of propagation. This has led
several importers to assume that grafted articles need only be
accompanied by a permit addressing the relevant diseases of the
rootstock (the plant part selected for its roots), the scion (the plant
part selected for propagation), or interstem (an intermediate plant
part grafted between the rootstock and the scion). However, it has long
been PPQ's policy that the quarantine pest risk for a grafted article
includes both pests of the rootstock and those of the scion and any
interstem inserted between the rootstock and scion; this is because
plant parts remain hosts of plant pests particular to their species
even after these parts are grafted.
Finally, the list of plant diseases found in paragraph (b)(3) of
the section uses outdated taxonomy and does not include several new
quarantine pests of Malus spp., one quarantine pest of Malus, Prunus,
and Pyrus spp., and one quarantine pest of Prunus spp. that have been
discovered in recent years. Accordingly, we would amend paragraph
(b)(3) by adding entries for apple fruit crinkle apscaviroid, apple
dimple fruit apscaviroid, apple scar skin apscaviroid, Monilinia
polystroma, and apricot pseudo-chlorotic leaf spot trichovirus.
Similarly, we would update the entries for apple proliferation
agent, pear blister canker virus, apple green crinkle virus, apple chat
fruit virus, plum pox (=Sharka) virus, cherry leaf roll virus, cherry
rusty mottle (European) agent, apricot chlorotic leaf roll agent, plum
bark split virus, arabis mosaic virus, raspberry ringspot virus, tomato
blackring virus, strawberry latent ringspot virus, quince yellow blotch
agent, apple ringspot virus, grapevine leaf roll agent, flavescence-
doree agent, and black wood agent (bois-noir) to reflect the current
nomenclature for the pathogens used by the U.S. taxonomic community.
For reasons specified below, we would also redesignate the paragraph as
paragraph (b)(5).
We would amend paragraph (b)(1) to reflect this redesignation, to
clarify that it provides mitigations only for articles of Prunus
species that are not susceptible to plum pox potyvirus, and to provide
that, if the scion, interstem, rootstock, or any other plant part of
the finished plant that is offered for importation belongs to a
regulated taxon, the additional declaration in the phytosanitary
certificate that accompanies the article must both list these plant
parts and address the quarantine pests and related restrictions
associated with that taxon.
We would amend paragraph (b)(2) to specify that it pertains only to
budwood of Prunus spp. susceptible to plum pox potyvirus and grown in
Belgium, France, Germany, Great Britain, or the Netherlands under pest-
exclusionary conditions within an APHIS-approved facility that is part
of a nuclear stock certification program. We would also make
nonsubstantive editorial changes to improve the paragraph's clarity.
In our proposed revision, paragraph (b)(3) of Sec. 319.37-5 would
establish conditions for importation from Canada of restricted
articles, except seed, of Prunus spp. that are susceptible to plum pox
potyvirus. The conditions for importation of the species would be those
for the importation of Prunus spp. that are not susceptible to plum pox
potyvirus--the species covered by our proposed revisions to paragraph
(b)(1) of Sec. 319.37-5--and one additional condition: We would
require that the article be grown in an area that has been surveyed and
found free of plum pox potyvirus according to a surveying protocol
mutually agreed upon by APHIS and the NPPO of Canada. Finally, because
it is common for plants for planting to be produced in countries other
than Canada and shipped to Canada for export to the United States,
[[Page 9857]]
paragraph (b)(3) would specify that if any plant part of an article of
Prunus spp. susceptible to plum pox potyvirus is not from Canada, but
rather a third country, that article would have to meet the entry
requirements of the subpart as if the article had been directly
imported into the United States from that third country.
We recognize that these conditions would be somewhat less
restrictive than the conditions for the importation of budwood that are
contained in paragraph (b)(2) of Sec. 319.37-5. However, we consider
less restrictive conditions to be warranted because, while plum pox
potyvirus is known to be widely prevalent in Belgium, France, Germany,
Great Britain, and the Netherlands, in Canada, plum pox potyvirus is
only known to exist in a relatively small area within the Province of
Ontario.
We would redesignate current paragraph (j)(1) as paragraph
(b)(4)(i). We would specify that the paragraph applies to Canada, as
well as Belgium, France, Germany, Great Britain, and the Netherlands.
We would also make nonsubstantive editorial changes to the paragraph to
make its relation to paragraphs (b)(1) and (b)(2) clearer.
In a similar manner, we would redesignate paragraph (j)(2) as
paragraph (b)(4)(ii), would add Argentina, Canada, Chile, and Japan to
the list of areas in which plum pox potyvirus is known to exist, and
would make nonsubstantive editorial changes to the paragraph to improve
its clarity.
(We would amend the definition of the term from in Sec. 319.37-1
to reflect the provisions of proposed paragraph (b)(3) and these
proposed redesignations.)
Finally, we are proposing to amend the entries for Prunus spp.
located in the table found within paragraph (a) of Sec. 319.37-2 and
to the entries for Chaenomeles, Cydonia, Malus, Prunus, Pyrus, and
Vitis spp. within the table in paragraph (a) of Sec. 319.37-7 to
reflect these revisions to paragraphs (b) and (j) of Sec. 319.37-5.
Dianthus spp. from the Netherlands
Restricted articles (except seed) of Dianthus spp. (carnation,
sweet-william) from Great Britain that are imported into the United
States must be grown under postentry quarantine conditions in
accordance with Sec. 319.37-7 of the regulations, unless they are
imported in accordance with paragraph (d) of Sec. 319.37-5. Paragraph
(d) authorizes the importation of restricted articles (except seeds) of
Dianthus spp. from Great Britain, provided that the articles are
accompanied by a phytosanitary certificate with an additional
declaration that the article was grown in a greenhouse nursery in Great
Britain and found by the NPPO of Great Britain to be free from
injurious plant diseases caused by Phialophora cinerescens (Wr.) van
Beyma, (=Verticillium cinerescens Wr.), carnation etched ring virus,
carnation ``streak'' virus, and carnation ``fleck'' virus, based on
visual examination of the parent stock, of the articles for
importation, and of the greenhouse nursery in which the articles for
importation and the parent stock are grown, once a month for 4
consecutive months immediately prior to importation, and based on
indexing of the parent stock.
The NPPO of the Netherlands requested that we authorize importation
of Dianthus spp. from that country under the same conditions provided
for Great Britain. In support of this request, the NPPO subsequently
presented APHIS with information regarding the diseases of Dianthus
known to exist in the Netherlands, the protocol under which they would
certify greenhouse nurseries, and the manner in which Dianthus spp.
articles within those nurseries would be visually examined and indexed
for diseases of Dianthus.
Based on the information provided, APHIS has determined that the
quarantine pests of Dianthus known to exist in the Netherlands are
carnation etched ring virus, carnation ``streak'' virus, and carnation
``fleck'' virus, that the certification protocol provides oversight of
greenhouses that is adequate to ensure their ongoing freedom from these
pests, and that the procedures that the NPPO of the Netherlands employs
to examine and index articles are consistent with or exceed those used
by the NPPO of Great Britain. Accordingly, we have concluded that the
certification protocols and procedures set forth by the NPPO of the
Netherlands meet the provisions of Sec. 319.37-5(d) and would mitigate
the pest risk presented by Dianthus spp. from the Netherlands. In
accordance with this conclusion, we would amend paragraph (d) so that
it applies both to Great Britain and to the Netherlands.
In a related matter, Sec. 319.37-7(a) currently exempts Dianthus
spp. imported from Great Britain under the conditions of Sec. 319.37-
5(d) from postentry quarantine requirements that otherwise apply to all
Dianthus spp. articles that are imported from countries other than
Canada. We would amend Sec. 319.37-7(a) so that this exemption would
extend to Dianthus spp. from the Netherlands imported under the
conditions of Sec. 319.37-5(d), as well.
Paragraph (k) of Sec. 319.37-5 contains requirements for the
importation of restricted articles of Feijoa (feijoa, pineapple guava)
from New Zealand. The term ``Feijoa'' is considered archaic by the
international taxonomic community. Therefore, to reflect current usage,
we would remove the term from the regulations, and add ``Acca
sellowiana (O. Berg) Burret'' in its place.
Finally, we would amend paragraph (v) of Sec. 319.37-5, which
provides conditions for the importation of plants from Israel, to make
it clear that packing material used for such plants must not introduce
pests of concern either to the plants or in general.
Specific Treatment and Other Requirements (Sec. 319.37-6)
Section 319.37-6 lists treatment and other requirements under which
seeds, bulbs, and dormant herbaceous perennials of certain genera and
species may be imported into the United States from countries and
localities in which a quarantine pest is known to be present.
Currently, the section does not specify that any articles of
Dioscorea spp. (yam) must be treated for quarantine pests. However, if
articles of Dioscorea spp. (including, but not limited to, dormant
herbaceous perennials, minisetts, and yam-setts) are not treated at the
time of their importation into the United States, they may present a
pathway for the dissemination of Aspiditosis hartii (yam scale),
Palaeopus costicollis (yam weevil), and several other external and
internal feeders that are quarantine pests.
Because of these pest risks, we have long required Dioscorea spp.
plants for planting to be treated according to methyl bromide treatment
schedule T202-d, found in the PPQ Treatment Manual at http://www.aphis.usda.gov/import_export/plants/manuals/ports/treatment.shtml,
in accordance with 7 CFR part 305.
Accordingly, we would amend Sec. 319.37-6 to specify that
Dioscorea spp. (yam) plants for planting, including, but not limited
to, dormant herbaceous perennials, minisetts, and yam-setts from any
country present a risk of disseminating internal and external feeders,
including but not limited to Aspiditosis hartii (yam scale) and
Palaeopus costicollis (yam weevil), into the United States, and to
state that such articles may be imported into the United States only if
they have been treated in accordance with 7 CFR part 305.
The PPQ Treatment Manual currently lists three exceptions to this
requirement; we would codify these
[[Page 9858]]
exceptions in Sec. 319.37-6. The exceptions are:
Dormant herbaceous perennials, minisetts, and yam-setts of
Dioscorea spp. that are imported from Japan. Pests of yams that are of
quarantine significance are not known to exist in Japan.
Dormant herbaceous perennials, minisetts, and yam-setts of
Dioscorea spp. that are imported from the Dominican Republic into
Puerto Rico. Pests of yams that are of quarantine significance and are
known to exist in the Dominican Republic are also known to exist in
Puerto Rico.
Dormant herbaceous perennials, minisetts, and yam-setts of
Dioscorea spp. (yam) that are imported from the West Indies into the
U.S. Virgin Islands. Pests of yams that are of quarantine significance
and are known to exist in the West Indies are also known to exist in
the U.S. Virgin Islands.
We would specify that all yam dormant herbaceous perennials,
minisets, and yam-setts imported into the United States, including
those that would be exempted from methyl bromide treatment, would
nonetheless be subject to inspection at the port of first arrival.
Postentry Quarantine (Sec. 319.37-7)
As we mentioned earlier in this document, Sec. 319.37-7 contains
our regulations governing postentry quarantine of certain restricted
articles. Such articles may be imported into the United States only if
they are destined for a State that has completed a postentry quarantine
agreement with APHIS, if a postentry quarantine growing agreement,
signed by the importer, has been completed and submitted to PPQ, and if
PPQ has determined both that the growing agreement fulfills relevant
requirements of Sec. 319.37-7 and that State inspectors are available
to monitor and enforce the postentry quarantine. In addition to the
changes to Sec. 319.37-7 discussed in the sections above, we would
make several other changes to Sec. 319.37-7.
Throughout the section, there are multiple references to PPQ's
Postentry Quarantine Unit. That unit no longer exists, and the
functions it performed are now carried out by PPQ's National Postentry
Quarantine Coordinator. We would amend the section to reflect this
change.
Paragraph (c)(1)(i) of Sec. 319.37-7 lists the States that have
entered into a postentry quarantine agreement with APHIS. Currently,
the paragraph states that all U.S. States and Territories have entered
into such an agreement, except the District of Columbia, Guam, Hawaii,
Kansas, and the Northern Mariana Islands. However, all States and
Territories have in fact entered into such an agreement. We would amend
the paragraph accordingly.
Paragraph (d) sets forth requirements for postentry quarantine
growing agreements. Among other requirements, the agreement must
certify to APHIS and to the State in which the articles were grown that
the signer of the agreement will move, propagate, or allow propagation
of the article while it is under postentry quarantine only after having
obtained written permission from PPQ to do so. However, the address for
PPQ provided in the section is out of date. Therefore, we would amend
the paragraph to list the current address.
In addition, within the paragraph, subparagraph (d)(7) is currently
written in a manner that suggests that the signer of the agreement may
move the articles without written permission from PPQ once the time
period for postentry quarantine specified within the section has
elapsed. This is not the case; the articles must remain under postentry
quarantine conditions until the National Postentry Quarantine
Coordinator issues a written release for the article. We would
therefore amend the paragraph by adding a new subparagraph, (d)(8),
specifying that each agreement must certify that the person signing the
agreement will keep the article under postentry quarantine until the
coordinator issues such a release.
Marking and Identity (Sec. 319.37-10)
Section 319.37-10 provides marking and identity requirements for
restricted articles. Paragraph (c) of the section requires restricted
articles, other than those imported by mail, to be accompanied by an
invoice or packing list indicating the contents of the shipment at the
time of importation or offer for importation into the United States.
We have discovered that term ``contents of the shipment'' is
somewhat nebulous, and, as a result, invoices and packing lists do not
always provide the information needed to readily identify the articles
or route the shipment for inspection. Therefore, we would amend
paragraph (c) so that the invoice or packing list would have to
indicate the scientific names of the articles, at least to the level of
genus, and the quantity of plants for planting in the shipment. The
quantity would have to be expressed in the number of plant units, or in
the case of seeds, by weight in grams or kilograms. Finally, when the
regulations place restrictions on individual species or cultivars
within a genus, the invoice or packing list would also have to identify
the species or cultivar of the articles.
Arrival Notification (Sec. 319.37-11)
Section 319.37-11 provides that, promptly upon arrival of any
restricted article at a port of entry, the importer must notify PPQ of
the arrival by such means as a manifest, Customs entry document,
commercial invoice, waybill, a broker's document, or a notice form
provided for that purpose. However, in 2002, most of inspection
services at ports of entry were transferred from APHIS to United States
Customs and Border Protection of the Department of Homeland Security.
Since this transfer, only certain restricted articles--those that must
be accompanied by a permit and that would be listed in redesignated
subparagraphs (a)(1) through (a)(11) of Sec. 319.37-3--have been
inspected by PPQ at ports of entry. Therefore, we would amend Sec.
319.37-11 to clarify that notification of arrival is necessary only for
those restricted articles.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The proposed rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this proposed rule on small entities. Copies of
the full analysis are available by contacting the person listed under
FOR FURTHER INFORMATION CONTACT or on the Regulations.gov Web site (see
ADDRESSES above for instructions for accessing Regulations.gov).
Based on the information we have, there is no reason to conclude
that adoption of this proposed rule would result in any significant
economic effect on a substantial number of small entities. However, we
do not currently have all of the data necessary for a comprehensive
analysis of the effects of this proposed rule on small entities.
Therefore, we are inviting comments on potential effects. In
particular, we are interested in determining the number and kind of
small entities that may incur benefits or costs from the implementation
of this proposed rule.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities. The
analysis identifies importers and wholesale merchants of
[[Page 9859]]
flowers, nursery stock, and florists' supplies, as well as wholesale
merchants of fresh fruits and vegetables, as the small entities most
likely to be affected by this action. The analysis considers the losses
that may occur due to relaxing restrictions on the importation of
certain plants for planting into the United States, while strengthening
or expanding the scope of certain other restrictions. The analysis
expects such losses to be relatively minor and anticipates that they
would not substantively adversely impact small entities.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
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. 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
This proposed rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). The information collection or recordkeeping
requirements included in the regulations that would be amended by this
proposed 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
7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
7 CFR Part 361
Agricultural commodities, Imports, Labeling, Quarantine, Reporting
and recordkeeping requirements, Seeds, Vegetables, Weeds.
Accordingly, we propose to amend 7 CFR parts 319 and 361 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.
Sec. 319.37 [Amended]
0
2. In Sec. 319.37, in paragraph (b), the final sentence is amended by
removing the words ``and the availability of treatment facilities for
the article'' and adding the words ``the availability of treatment
facilities for the article, and any other factors pertaining to the
risk that the article may present to plants, plant parts, or plant
products within the United States that he or she considers necessary.''
0
3. Section 319.37-1 is amended as follows:
0
a. In the definition of from, in paragraph (b), by adding the words
``or an article whose importation into the United States is not
authorized pending pest risk analysis'' after the words ``prohibited
article'', and by removing the words ``(c), (d), (e), (f), (g), (h),
(i), (j), (k)'' and adding the words ``(b)(3), (b)(4), (c), (d), (e),
(f), (g), (h), (i), (k)'' in their place;
0
b. By revising the definitions of bulb and phytosanitary certificate of
inspection; and
0
c. By adding, in alphabetical order, new definitions of Administrator
and dormant herbaceous perennial.
The revisions and additions read as follows:
Sec. 319.37-1 Definitions.
* * * * *
Administrator. The Administrator of the Animal and Plant Health
Inspection Service (APHIS), or any person authorized to act for the
Administrator.
Bulb. The storage organ of a plant that serves as the plant's
sexual structure during dormancy. Examples include bulbs, bulbils,
bulblets, corms, and cormels. For purposes of this subpart, a bulb
remains a bulb until such time as environmental conditions induce it to
produce shoots. It is then considered a plant.
* * * * *
Dormant herbaceous perennial. Except for bulbs, the portions of an
herbaceous perennial that remain after the above-ground parts of the
plant have died back to the earth after the growing season and the
plant remains dormant. Examples include rhizomes, tubers, tuberous
roots, pips, fleshy roots, divisions, and underground fleshy growths.
For purposes of this subpart, dormant herbaceous perennials remain
dormant herbaceous perennials until such time as environmental
conditions induce them to sprout. They are then considered plants.
* * * * *
Phytosanitary certificate of inspection. A document, including
electronic versions, that is related to a restricted article and is
issued not more than 15 days prior to shipment of the restricted
article from the country in which it was grown and that:
(1) Is patterned after the model certificate of the International
Plant Protection Convention, a multilateral convention on plant
protection under the authority of the Food and Agriculture Organization
of the United States (FAO);
(2) Is issued by an official of a foreign national plant protection
organization in one of the five official languages of the FAO;
(3) Is addressed to the national plant protection organization of
the United States (Animal and Plant Health Inspection Service);
(4) Describes the shipment;
(5) Certifies the place of origin for all contents of the shipment;
(6) Certifies that the shipment has been inspected and/or tested
according to appropriate official procedures and is considered free
from quarantine pests of the United States;
(7) Contains any additional declarations required by this subpart;
and
(8) Certifies that the shipment conforms with the phytosanitary
requirements of the United States and is considered eligible for
importation pursuant to the laws and regulations of the United States.
* * * * *
0
4. In Sec. 319.37-2, in paragraph (a), the table is amended as
follows:
0
a. By removing the entries for ``Arikuryoba spp. (arikury palm)'',
``Chrysalidocarpus spp. (butterfly palm)'', ``Mahoberberis spp. (plants
of all species and horticultural varieties not designated as resistant
to black stem rust in accordance with Sec. 301.38-1 of this
chapter)'', ``Mahoberberis spp. destined to an eradication State listed
in Sec. 301.38-2(a) of this chapter (plants of all species and
horticultural varieties designated as resistant to black stem rust in
accordance with Sec. 301.38-1 of
[[Page 9860]]
this chapter)'', ``Mahoberberis spp. seed'', ``Mahonia spp. (mahonia)
(plants of all species and horticultural varieties not designated as
resistant to black stem rust in accordance with Sec. 301.38-1 of this
chapter)'', ``Mahonia spp. (mahonia) destined to an eradication State
listed in Sec. 301.38-2(a) of this chapter (plants of all species and
horticultural varieties designated as resistant to black stem rust in
accordance with Sec. 301.38-1 of this chapter)'', ``Mahonia spp.
seed'', and ``Neodypsis spp. (palm)'';
0
b. In the entry for ``Acer spp. (maple) (except Acer palmatum and Acer
japonicum meeting the conditions for importation in Sec. 319.37-
5(m)'', by removing the words ``in Sec. 319.375(m)'' and adding the
words ``in Sec. Sec. 319.37-5 or 319.37-7'' in their place;
0
c. In the entry for ``Berberis spp. (barberry) (plants of all species
and horticultural varieties not designated as resistant to black stem
rust in accordance with Sec. 301.38-1 of this chapter)'', by removing
the word ``(barberry)'' and adding the words ``(barberry, includes
Mahoberberis and Mahonia spp.)'' in its place;
0
d. In the entry for ``Berberis spp. (barberry) destined to an
eradication State listed in Sec. 301.38-2a of this chapter (plants of
all species and horticultural varieties designated as resistant to
black stem rust in accordance with Sec. 301.38-1 of this chapter),''
by removing the word ``(barberry)'' and adding the words ``(barberry,
includes Mahoberberis and Mahonia spp.)'' in its place;
0
e. In the entry for ``Berberis spp. (barberry) seed'', by removing the
word ``(barberry)'' and adding the words ``(barberry, includes
Mahoberberis and Mahonia spp.)'' in its place;
0
f. By revising the entry for ``Chaenomeles spp. (flowering quince) not
meeting the conditions for importation in Sec. 319.37-5(b)'';
0
g. By revising the entry for ``Chrysanthemum, spp. (chrysanthemum,
includes Dendranthema spp.)'';
0
h. In the entry for ``Cydonia spp. (quince) not meeting the conditions
for importation in Sec. 319.37-5(b)'' by removing the words ``in Sec.
319.37-5(b)'' and adding the words ``in Sec. Sec. 319.37-5(b) and
319.37-7'' in their place;
0
i. By adding an entry for ``Dypsis spp. (butterfly palm)'';
0
j. By revising the entry for ``Leucanthemella serotina'';
0
k. In the entry for ``Malus spp. (apple, crabapple) not meeting the
conditions for importation in Sec. 319.37-5(b)'', by removing the
words ``in Sec. 319.37-5(b)'' and adding the words ``in Sec. Sec.
319.37-5(b) and 319.37-7'' in their place;
0
l. By revising the entry for ``Nipponanthemum nipponicum'';
0
m. By removing the entry for ``Prunus spp. (almond, apricot, cherry,
cherry laurel, English laurel, nectarine, peach, plum, prune) not
meeting the conditions for importation in Sec. 319.37-5(b)'' and
adding a new entry for ``Prunus spp. not meeting the conditions for
importation in Sec. 319.37-5(b)'' in its place;
0
n. By removing the entry for ``Prunus spp. seed only (almond, apricot,
nectarine, peach, plum, and prune, but not species in subgenus Cerasus)
not meeting the conditions for importation in Sec. 319.37-5(j)'' and
adding a new entry for ``Prunus spp. seed only not meeting the
conditions for importation in Sec. 319.37-5(b)'' in its place;
0
o. In the entry for ``Salix spp. (willow)'', by removing the words
``Erwinia salicis (Day) Chester'' and adding the words ``Brenneria
salicis (Day) Hauben et al., syn. Erwinia salicis (Day) Chester'' in
their place.
0
p. By adding an entry for ``Syagrus schizophylla (Mart.) Glassman
(arikury palm)''; and
0
q. In the entry for ``Vitis spp. (grape) not meeting the conditions for
importation in Sec. 319.37-5(b),'' by removing the words ``in Sec.
319.37-5(b)'' and adding the words ``in Sec. Sec. 319.37-5(b) and
319.37-7'' in their place.
The additions and revisions read as follows:
Sec. 319.37-2 Prohibited articles.
(a) * * *
------------------------------------------------------------------------
Quarantine pests
existing in the
Prohibited article (includes Foreign places places named and
seeds only if specifically from which capable of being
mentioned) prohibited transported with
the prohibited
article
------------------------------------------------------------------------
* * * * * * *
Chaenomeles spp. (flowering All A diversity of
quince) not meeting the diseases
conditions for importation in including but not
Sec. Sec. 319.37-5(b) and limited to those
319.37-7. listed for
Chaenomeles in
Sec. 319.37-
5(b)(3).
Chrysanthemum spp. All Puccinia horiana
(chrysanthemum, includes P. Henn. (white
Dendranthema spp.) not meeting rust of
the conditions for importation chrysanthemum).
in Sec. Sec. 319.37-5(c) and
319.37-7.
* * * * * * *
Dypsis spp. (butterfly palm).... All A diversity of
diseases
including but not
limited to:
Lethal yellowing
disease; Cadang-
cadang disease.
* * * * * * *
Leucanthemella serotina not All Puccinia horiana
meeting the conditions for P. Henn. (white
importation in Sec. Sec. rust of
319.37-5(c) and 319.37-7. chrysanthemum).
* * * * * * *
Nipponanthemum nipponicum not All Puccinia horiana
meeting the conditions for P. Henn. (white
importation in Sec. Sec. rust of
319.37-5(c) and 319.37-7. chrysanthemum).
* * * * * * *
Prunus spp. not meeting the All A diversity of
conditions for importation in diseases
Sec. 319.37-5(b). including but not
limited to those
listed for Prunus
in Sec. 319.37-
5(b).
[[Page 9861]]
Prunus spp. seed only not All Plum pox (=Sharka)
meeting the conditions for potyvirus.
importation in Sec. 319.37-
5(b).
* * * * * * *
Syagrus schizophylla (Mart.) All A diversity of
Glassman (arikury palm). diseases
including but not
limited to:
Lethal yellowing
disease; Cadang-
cadang disease.
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
5. In Sec. 319.37-3, paragraphs (a), (b), and (d) are revised to read
as follows:
Sec. 319.37-3 Permits.
(a) * * *
(1) Lots of 13 or more articles (other than seeds of herbaceous
plants, precleared bulbs or dormant herbaceous perennials of a taxon
approved by APHIS for preclearance, or sterile cultures of orchid
plants) from any country or locality except Canada;
(2) Seeds of non-herbaceous plants, such as trees and shrubs, from
any country or locality except Canada;
(3) Articles subject to the requirements of Sec. 319.37-5;
(4) Articles subject to the postentry quarantine conditions of
Sec. 319.37-7;
(5) Small lots of seed imported in accordance with Sec. 319.37-
4(d) of this subpart;
(6) Articles subject to treatment and other requirements of Sec.
319.37-6;
(7) Seed of herbaceous plants for planting that is coated,
pelleted, or embedded in a substrate that obscures visibility;
(8) Articles (except seeds) of Malus spp. (apple, crabapple), Pyrus
spp. (pear), Prunus spp., Cydonia spp. (quince), Chaenomeles spp.
(flowering quince), Rubus spp. (cloudberry, blackberry, boysenberry,
dewberry, loganberry, raspberry), and Vitis spp. (grape) from Canada;
(9) Articles (except seeds) of Fraxinus spp. (ash) from counties or
municipal regional counties in Canada that are not regulated for
emerald ash borer (EAB) but that are within an EAB-regulated Province
or Territory and are not prohibited under Sec. 317.37-2;
(10) Articles (except seeds) of Pinus spp. from Canada; and
(11) Solanum tuberosum true seed from New Zealand and the X region
of Chile (that area of Chile between 39[deg] and 44[deg] South
latitude--see Sec. 317.37-5(o));
(b) An application for a written permit should be submitted to the
Plant Protection and Quarantine Programs (Animal and Plant Health
Inspection Service, Plant Protection and Quarantine, 4700 River Road
Unit 136, Riverdale, MD 20737-1236) at least 30 days prior to the
arrival of the article at the port of entry. The completed application
must contain the following information: \4\
---------------------------------------------------------------------------
\4\ Application forms are available without charge from the
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, 4700 River Road Unit 136, Riverdale, MD 20737-1236, or
from local offices, which are listed in telephone directories.
Application forms are also available online at the following Web
site: http://www.aphis.usda.gov/plant_health/permits/http://www.aphis.usda.gov/plant_health/permits/index.shtml. Please note
that this Internet site requires persons to establish an
eAuthentication account prior to use.
---------------------------------------------------------------------------
(1) Name, address, and telephone number of the importer;
(2) Approximate quantity and kinds (botanical designations) of
articles intended to be imported;
(3) Country(ies) or locality(ies) where grown;
(4) Intended United States port of entry;
(5) Means of transportation, e.g., mail, airmail, express, air
express, freight, airfreight, or baggage; and
(6) Expected date of arrival.
* * * * *
(d) Any permit which has been issued may be withdrawn by an
inspector or the Administrator if he or she determines that the holder
of the permit has not complied with any condition for the use of the
document. The reasons for the withdrawal will be confirmed in writing
as promptly as circumstances permit. Any person whose permit has been
withdrawn may appeal the decision in writing to the Administrator
within 10 days after receiving the written notification of the
withdrawal. The appeal must state all of the facts and reasons on which
the person relies to show that the permit was wrongfully withdrawn. The
Administrator will grant or deny the appeal, in writing, stating the
reasons for the decision as promptly as circumstances permit. If there
is a conflict as to any material fact, a hearing shall be held to
resolve the conflict.
* * * * *
6. Section 319.37-4 is amended as follows:
a. By revising paragraph (a) introductory text;
b. In paragraph (a)(4), by removing the word ``Bulbs'' and adding
the words ``Small packages of bulbs offered to travelers returning'' in
its place, and by adding the word ``within'' before the words ``6 weeks
after the issuance''; and
c. In paragraph (b), by removing the words ``may be sampled and
inspected'' and adding the words ``must be presented for inspection''
in their place.
The revision reads as follows:
Sec. 319.37-4 Inspection, treatment, and phytosanitary certificates
of inspection.
(a) Phytosanitary certificates of inspection. Any restricted
article offered for importation into the United States must be
accompanied by a phytosanitary certificate, unless the article is
explicitly exempted from this requirement in the paragraphs below. The
phytosanitary certificate must identify the genus of the article it
accompanies. When the regulations in this subpart place restrictions on
individual species or cultivars within a genus, the phytosanitary
certificate must also identify the species or cultivar of the article
it accompanies. If the plant is grafted, budded, or otherwise contains
interpolated plant parts, the phytosanitary certificate must list the
identity of any plant parts (e.g., scion, rootstock, or interstem) that
belong to restricted taxa to the lowest regulated taxon, e.g., genus,
species, or cultivar. Otherwise, identification of the species is
strongly preferred, but not required. Intergeneric and interspecific
hybrids must be designated by placing the multiplication sign ``x''
between the names of the parent taxa. If the hybrid is named, the
multiplication sign may instead be placed before the name of an
intergeneric hybrid or before the epithet in the name of an
interspecific hybrid. Phytosanitary certificates are not
[[Page 9862]]
required to accompany the following restricted articles:
* * * * *
0
7. Section 319.37-5 is amended as follows:
0
a. By revising paragraphs (a), (b), and (c);
0
b. In paragraph (d), by adding the words ``or the Netherlands'' after
the words ``Great Britain'' each time they occur;
0
c. By removing and reserving paragraph (j);
0
d. In paragraph (k), by removing the word ``Feijoa'' and adding the
words ``Acca sellowiana (O. Berg) Burret'' in its place;
0
e. In paragraph (m), by adding the words ``, and unless the article is
subject to the postentry quarantine requirements of Sec. 319.37-7(a)''
at the end of the sentence; and
0
f. In paragraph (v)(4)(iv), by removing the words ``to the plants''.
The revisions read as follows:
Sec. 319.37-5 Special foreign inspection and certification
requirements.
(a) Any restricted article (except seeds, unrooted cuttings, and
articles declared solely for food, analytical, or manufacturing
purposes) from Albania, Algeria, Argentina, Armenia, Australia,
Austria, Azerbaijan, Azores, Belarus, Belgium, Bolivia, Bulgaria,
Canada (all areas regulated by the national plant protection
organization of Canada for potato cyst nematodes), Channel Islands,
Chile, Columbia, Costa Rica, Crete, Croatia, Cyprus, Czech Republic,
Denmark (including Faeroe Islands), Ecuador, Egypt, Estonia, Falkland
Islands, Finland, France, Georgia, Germany, Great Britain, Greece,
Guernsey, Hungary, Iceland, India, Indonesia, Ireland, Italy, Japan,
Jersey, Jordan, Kazakhstan, Kyrgyzstan, Latvia, Lebanon, Libya,
Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Republic of
Moldova, Morocco, the Netherlands, New Zealand, Northern Ireland,
Norway, Pakistan, Panama, Peru, the Philippines, Poland, Portugal
(including Madeira), Romania, Russian Federation, Serbia and
Montenegro, Sierra Leone, Slovakia, Slovenia, South Africa, Spain
(including Canary Islands and Mallorca), Sri Lanka, Sweden,
Switzerland, Tajikistan, Tunisia, Turkey, Turkmenistan, Ukraine,
Uzbekistan, and Venezuela must be accompanied by a phytosanitary
certificate of inspection with an additional declaration either:
(1) That the article was grown on land or in a substrate which has
been microscopically inspected by the national plant protection
organization of the country in which it was grown within 12 months
preceding issuance of the certificate and found free from potato cyst
nematodes, Globodera rostochiensis (Woll.) Behrens and G. pallida
(Stone) Behrens; or
(2) That the article has been grown within a secure environment in
a production area that is free of potato cyst nematodes, in a soilless
growing medium, or in vitro, and has never been grown in soil nor come
in contact with soil.
(b)(1) Any of the following restricted articles (except seeds) at
the time of arrival at the port of first arrival in the United States
must be accompanied by a phytosanitary certificate that contains an
additional declaration that the article was grown in a nursery in
Belgium, Canada, France, Germany, Great Britain, or the Netherlands and
that the article was found by the national plant protection
organization of the country in which the article was grown to be free
of the following injurious plant pathogens listed in paragraph (b)(5)
of this section: For Chaenomeles spp. (flowering quince) and Cydonia
spp. (quince), pathogens (i), (ii), (iv), (xviii), (xix), (xx), and
(xxi); for Malus spp. (apple, crabapple), pathogens (i), (ii), (iii),
(vi), (vii), (viii), (viii), (xxii), (xxiii), (xliv), (xlv), (xlvi),
and (xlvii); for Prunus spp. not susceptible to plum pox (=Sharka)
potyvirus (P. avium, P. cerasus, P. effusa, P. laurocerasus, P.
mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata,
P. subhirtella, P. yedoensis, and P. virginiana), pathogens (i), (x)
through (xvii), (xxii), and (xlvii); for Pyrus spp. (pear), pathogens
(i), (ii), (iv), (v), (xviii), (xix), (xx), (xlvii), and (xlviii); and
for Vitis spp. (grape) from Canada, pathogens (xiv) through (xvii) and
(xxiv) through (xliii). The determination by the national plant
protection organization that the article is free of these pathogens
will be based on visual examination and indexing of the parent stock of
the article and inspection of the nursery where the restricted article
is grown to determine that the nursery is free of the specified
pathogens. An additional declaration on the phytosanitary certificate
of inspection by the national plant protection organization that a
pathogen does not occur in the country in which the article is grown
may be used in lieu of visual examination and indexing of the parent
stock for that pathogen and inspection of the nursery. Finally, for
articles containing more than one plant part (e.g., grafted or budded
plants), if the scion, interstem, rootstock, or any other plant part of
the finished plant that is offered for importation belongs to a taxon
listed within this paragraph as a regulated taxon, the additional
declaration must address the quarantine pests and related restrictions
associated with that taxon. The additional declaration must list all
plant parts of regulated taxa that have been incorporated into the
finished plant.
(2) Budwood of Prunus spp. susceptible to plum pox (=Sharka)
potyvirus (species other than P. avium, P. cerasus, P. effusa, P.
laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P.
serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana)
and grown in Belgium, France, Germany, Great Britain, or the
Netherlands may be imported into the United States only if is
accompanied by a phytosanitary certificate with an additional
declaration that the original parent stock (nuclear stock) has been
indexed and found free of pathogens (i), (ix) through (xvii), (xxii),
(xlvii), and (xlviii) of paragraph (b)(5) of this section by the
appropriate national fruit tree certification program, and only if the
original parent stock from which the budwood is taken is produced
within a secure, enclosed, APHIS-approved pest-exclusionary facility
within a national plan protection organization-operated or -approved
nuclear stock program where the parent stock is maintained in a
pathogen-free state.
(3) Restricted articles, except seed, of Prunus spp. susceptible to
plum pox (=Sharka) potyvirus (species other than P. avium, P. cerasus,
P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P.
serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and
P. virginiana) from Canada must be accompanied by a phytosanitary
certificate that contains an additional declaration that the article
was grown in a nursery in Canada, that the article was found by the
national plant protection organization of Canada to be free of the
following injurious plant pathogens listed in paragraph (b)(5) of this
section: (i), (ix) through (xvii), (xxii), (xlvii), and (xlviii), and
that the article was grown in an area that has been surveyed and found
free of plum pox (=Sharka) potyvirus according to a surveying protocol
mutually agreed upon by APHIS and the national plant protection
organization of Canada. The determination by the national plant
protection organization of Canada that the article is free of these
pathogens will be based on visual examination and indexing of the
parent stock of the article and inspection of the nursery where the
restricted article is grown to determine that the nursery is free of
the specified pathogens. An additional declaration on the phytosanitary
certificate of inspection by the national
[[Page 9863]]
plant protection organization of Canada that a pathogen does not occur
in Canada may be used in lieu of visual examination and indexing of the
parent stock for that pathogen and inspection of the nursery. Finally,
if any part of the article is not from Canada, but rather from a third
country, that article must meet the entry requirements of this subpart
as if the article had been directly imported into the United States
from that third country.
(4)(i) Seeds of Prunus spp. susceptible to plum pox (=Sharka)
potyvirus (species other than P. avium, P. cerasus, P. effusa, P.
laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P.
serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana)
from Belgium, Canada, France, Germany, Great Britain, or the
Netherlands shall, at the time of arrival at the port of first arrival
at the United States, be accompanied by a phytosanitary certificate of
inspection containing accurate additional declarations that:
(A) The seeds are from parent stock grown in a nursery in Belgium,
Canada, France, Germany, Great Britain, or the Netherlands that is free
of plum pox (=Sharka) potyvirus; and
(B) The seeds have been found by the national plant protection
organization of the country in which they are produced to be free of
plum pox (=Sharka) potyvirus based on the testing of parent stock by
visual examination and indexing.
(ii) Seeds of Prunus spp. susceptible to plum pox (=Sharka)
potyvirus (species other than P. avium, P. cerasus, P. effusa, P.
laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P.
serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana)
from all countries except those in Europe, Argentina, Canada, Chile,
Cyprus, Japan, Syria, and Turkey shall, at the time of arrival at the
port of first arrival, be accompanied by a phytosanitary certificate of
inspection, containing an accurate additional declaration that plum pox
(=Sharka) potyvirus does not occur in the country in which the seeds
were produced.
(5) List of pathogens.
(i) Monilinia fructigena (Aderh. & Ruhl.) Honey (Brown rot of
fruit).
(ii) Guignardia piricola (Nose) Yamomoto (Leaf, branch, and fruit
disease).
(iii) Apple proliferation phytoplasma.
(iv) Pear blister canker apscaviroid.
(v) Pear bud drop virus.
(vi) Diaporthe mali Bres. (Leaf, branch, and fruit fungus).
(vii) Apple green crinkle agent (Apple false sting virus).
(viii) Apple chat fruit agent (Apple small fruit).
(ix) Plum pox (=Sharka) potyvirus and its strains.
(x) Cherry leaf roll nepovirus (Elm mosaic virus, golden elderberry
virus).
(xi) European cherry rusty mottle virus.
(xii) European stone fruit yellows phytoplasma (Apricot chlorotic
leaf roll agent).
(xiii) Plum bark split trichovirus.
(xiv) Arabis mosaic nepovirus and its strains.
(xv) Raspberry ringspot nepovirus (European cherry rasp leaf) and
its strains.
(xvi) Tomato blackring nepovirus (Myrobalan latent ringspot, peach
shoot stunting) and its strains.
(xvii) Strawberry latent ringspot sadwavirus (Peach willow leaf
rosette, Court noue) and its strains.
(xviii) Quince sooty ringspot agent.
(xix) Quince yellow blotch agent (Pear yellow blotch agent, Apple
rubbery wood phytoplasma).
(xx) Quince stunt agent.
(xxi) Gymnosporangium asiaticum Miyabe ex. Yamada (Rust).
(xxii) Valsa mali Miyabe and Yamada ex. Miura (Branch canker
fungus).
(xxiii) Apple ringspot agent (Apple thumb mark, Thumb mark, Apple
Henderson spot agent).
(xxiv) The following nematode transmitted viruses: Artichoke
Italian latent virus, Grapevine Bulgarian latent virus, Grapevine
fanleaf virus and its strains, and Hungarian chrome mosaic virus.
(xxv) Grapevine asteroid mosaic agent.
(xxvi) Grapevine Bratislava mosaic virus.
(xxvii) Grapevine chasselas latent agent.
(xxviii) Grapevine corky bark ``Legno riccio'' agent.
(xxix) Grapevine leaf roll viruses.
(xxx) Grapevine little leaf agent.
(xxxi) Grapevine stem pitting agent.
(xxxii) Grapevine vein mosaic agent.
(xxxiii) Grapevine vein necrosis agent.
(xxxiv) Flavescence-doree phytoplasma.
(xxxv) Black wood phytoplasma (bois-noir).
(xxxvi) Grapevine infectious necrosis bacterium.
(xxxvii) Grapevine yellows disease bacterium.
(xxxviii) Xanthomonas ampelina Panagopoulas.
(xxxix) Peyronellaea glomerata Ciferri.
(xl) Pseudopeziza tracheiphila Muller-Thur-gau.
(xli) Rhacodiella vitis Sterenberg.
(xlii) Rosellinia necatrix Prill.
(xliii) Septoria melanosa (Vialla and Ravav) Elenk.
(xliv) Apple fruit crinkle apscaviroid.
(xlv) Apple dimple fruit apscaviroid.
(xlvi) Apple scar skin apscaviroid.
(xlvii) Monilinia polystroma.
(xlviii) Apricot pseudo-chlorotic leaf spot trichovirus.
(c) Any restricted article (except seeds) of Chrysanthemum spp.
(chrysanthemum, includes Dendranthema spp.), Leucanthemella serotina,
or Nipponathemum nipponicum, from a foreign place except Asia, Europe,
South America, Australia, Mexico, New Zealand, Oceania (Melanesia,
Micronesia, and Polynesia), Republic of South Africa, and Tunisia
shall, at the time of arrival at the port of first arrival in the
United States, be accompanied by a phytosanitary certificate of
inspection. The phytosanitary certificate of inspection must contain a
declaration that the article was grown in a greenhouse nursery and
found by the national plant protection organization of the country in
which the article was grown to be free of white rust of chrysanthemum
(caused by the by the rust fungus Puccinia horiana P. Henn.) based on
visual examination of 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. Such articles are also subject to the
postentry quarantine requirements of Sec. 319.37-7.
* * * * *
0
8. Section 319.37-6 is amended as follows:
0
a. In paragraph (a), in the table, by adding an entry for ``Dioscorea
spp. (yam) plants for planting, including, but not limited to, dormant
herbaceous perennials, minisetts, and yam-setts''; and
0
b. By adding a new paragraph (e).
The additions read as follows:
Sec. 319.37-6 Specific treatment and other requirements.
(a) * * *
[[Page 9864]]
------------------------------------------------------------------------
Pest(s) for which
Seed/Bulb Country/Locality treatment is
required
------------------------------------------------------------------------
* * * * * * *
Dioscorea spp. (yam) plants for All countries, A diversity of
planting, including, but not except as internal and
limited to, dormant herbaceous provided in external feeders,
perennials, minisetts, and yam- paragraphs (e)(1) including but not
setts. through (e)(3) of limited to:
this section. Aspiditosis
hartii (yam
scale) and
Palaeopus
costicollis (yam
weevil).
* * * * * * *
------------------------------------------------------------------------
* * * * *
(e) Dioscorea spp. (yam) plants for planting, including, but not
limited to, dormant herbaceous perennials, minisetts, and yam-setts,
may be imported into the United States without being treated in
accordance with part 305 of this chapter if:
(1) They are imported from Japan.
(2) They are imported from the Dominican Republic into Puerto Rico.
(3) They are imported from the West Indies into the U.S. Virgin
Islands.
0
9. Section 319.37-7 is amended as follows:
0
a. By removing the words ``Postentry Quarantine Unit'' wherever they
occur and adding the words ``National Postentry Quarantine
Coordinator'' in their place;
0
b. In paragraph (a)(3), in the table, by revising the entries for
``Acer spp. (maple)'', ``Chaenomeles spp. (flowering quince) meeting
the conditions for importation in Sec. 319.37-5(b)'', ``Chrysanthemum
spp. (chrysanthemum, includes Dendranthema spp.), meeting the
conditions in Sec. 319.37-5(c)'', ``Cydonia spp. (quince) meeting the
conditions for importation in Sec. 319.37-5(b)'', ``Leucanthemella
serotina'', ``Malus spp. (apple, crabapple) meeting the conditions for
importation in Sec. 319.37-5(b)'', ``Nipponanthemum nipponicum'',
``Prunus spp. (almond, apricot, cherry, cherry laurel, English laurel,
nectarine, peach, plum, prune) meeting the conditions for importation
in Sec. 319.37-5(b)'', and ``Pyrus spp. (pear) meeting the conditions
for importation in Sec. 319.37-5(b)'';
0
c. In paragraph (a)(3), in the table, in the entry for ``Dianthus spp.
(carnation, sweet-william)'', by adding the words ``and the
Netherlands'' after the words ``Great Britain'';
0
d. In paragraph (c)(1)(i), by removing the words ``, except the
District of Columbia, Guam, Hawaii, Kansas, and the Northern Mariana
Islands'';
0
e. In paragraph (d)(1), by removing the words ``Building 580, BARC-
East, Beltsville, MD 20705'' and adding the words ``4700 River Road,
Unit 133 Riverdale, MD 20737-1236'' in their place; and
0
f. By adding a new paragraph (d)(8).
The revisions and additions read as follows:
Sec. 319.37-7 Postentry quarantine.
(a) * * *
(3) * * *
------------------------------------------------------------------------
Foreign Country(ies) or
Restricted Article (excluding seeds) Locality(ies) from which
imported
------------------------------------------------------------------------
* * * * * * *
Acer spp. (maple)...................... All except Canada, Europe
(except the Netherlands in
accordance with Sec. 319.37-
5(m)), and Japan.
* * * * * * *
Chaenomeles spp. (flowering quince) All countries listed in Sec.
meeting the conditions for importation 319.37-5(b).
in Sec. 319.37-5(b).
Chrysanthemum spp. (chrysanthemum), All except Asia, Europe, South
includes Dendranthema spp.), meeting America, Australia, Mexico,
the conditions for importation in Sec. New Zealand, Oceania
319.37-5. (Melanesia, Micronesia, and
Polynesia), Republic of South
Africa, and Tunisia.
* * * * * * *
Cydonia spp. (quince) meeting the All countries listed in Sec.
conditions for importation in Sec. 319.37-5(b).
319.37-5(b).
* * * * * * *
Leucanthemella serotina meeting the All except Asia, Europe, South
conditions for importation in Sec. America, Australia, Mexico,
319.37-5. New Zealand, Oceania
(Melanesia, Micronesia, and
Polynesia), Republic of South
Africa, and Tunisia.
* * * * * * *
Malus spp. (apple, crabapple) meeting All countries listed in Sec.
the conditions for importation in Sec. 319.37-5(b).
319.37-5(b).
* * * * * * *
Nipponathemum nipponicum meeting the All except Asia, Europe, South
conditions for importation in Sec. America, Australia, Mexico,
319.37-5. New Zealand, Oceania
(Melanesia, Micronesia, and
Polynesia), Republic of South
Africa, and Tunisia.
* * * * * * *
Prunus spp. meeting the conditions for All countries listed in Sec.
importation in Sec. 319.37-5(b). 319.37-5(b).
[[Page 9865]]
* * * * * * *
Pyrus spp. (pear) meeting the All countries listed in Sec.
conditions for importation in Sec. 319.37-5(b).
319.37-5(b).
------------------------------------------------------------------------
* * * * *
(d) * * *
(8) To keep the article under postentry quarantine conditions until
the National Postentry Quarantine Coordinator issues a written release
for the article.
* * * * *
Sec. 319.37-8 [Amended]
0
10. In Sec. 319.37-8, paragraph (b)(2) is amended by removing the
words ``Newfoundland or from that portion of the Municipality of
Central Saanich in the Province of British Columbia east of the West
Saanich Road'' and adding the words ``all areas of Canada regulated by
the national plant protection organization of Canada for potato cyst
nematode'' in their place.
0
11. In Sec. 319.37-10, paragraph (c) is revised to read as set forth
below.
Sec. 319.37-10 Marking and identity.
* * * * *
(c) Any restricted article for importation (by mail or otherwise),
at the time of importation or offer for importation into the United
States shall be accompanied by an invoice or packing list indicating
the scientific names of the articles, at least to the level of genus,
and the quantity of plants for planting in the shipment. Quantity must
be expressed in the number of plant units, or in the case of seeds, by
weight in grams or kilograms. Finally, when the regulations in this
subpart place restrictions on individual species or cultivars within a
genus, the invoice or packing list must also identify the species or
cultivar of the articles.
* * * * *
Sec. 319.37-11 [Amended]
0
12. Section 319.37-11 is amended by adding the words ``that must be
accompanied by a permit in accordance with paragraphs (a)(1) through
(a)(11) of Sec. 319.37-3'' after the words ``restricted article''.
PART 361--IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED
ACT
0
13. The authority citation for part 361 continues to read as follows:
Authority: 7 U.S.C. 1581-1610; 7 CFR 2.22, 2.80, and 371.3.
Sec. 361.2 [Amended]
0
14. In Sec. 361.2, paragraph (d) is amended by adding the words ``and
in addition to the restrictions of Sec. 319.37-3(a)(7),'' before the
words ``coated or pelleted seed'', and by adding the words ``, or seed
that is embedded in a substrate that obscures visibility'' after the
words ``coated or pelleted seed''.
Done in Washington, DC, this 6th day of February 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-03058 Filed 2-11-13; 8:45 am]
BILLING CODE 3410-34-P