[Federal Register Volume 78, Number 80 (Thursday, April 25, 2013)]
[Proposed Rules]
[Pages 24633-24663]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09737]



[[Page 24633]]

Vol. 78

Thursday,

No. 80

April 25, 2013

Part VI





 Department of Agriculture





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 Animal and Plant Health Inspection Service





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7 CFR Parts 319 and 340





 Restructuring of Regulations on the Importation of Plants for 
Planting; Proposed Rules

Federal Register / Vol. 78 , No. 80 / Thursday, April 25, 2013 / 
Proposed Rules

[[Page 24634]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 319 and 340

[Docket No. APHIS-2008-0011]
RIN 0579-AD75


Restructuring of Regulations on the 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 restructure our regulations governing the 
importation of plants for planting. In the proposed structure, 
restrictions on the importation of specific types of plants for 
planting would no longer be found in the regulations, but instead would 
be found in the Plants for Planting Manual. We would change those 
restrictions after taking public comment through notices published in 
the Federal Register. As part of this restructuring, we would group 
together restrictions in the plants for planting regulations that apply 
to the importation of most or all plants for planting, and we would add 
general requirements for the development of integrated pest risk 
management measures that we would use to mitigate the risk associated 
with the importation of a specific type of plants for planting. We 
would also amend our foreign quarantine regulations to remove various 
provisions regarding the importation of specific types of plants for 
planting that are not currently subject to the general plants for 
planting regulations; these provisions would also be found in the 
Plants for Planting Manual. This action would not make any major 
changes to the restrictions that currently apply to the importation of 
plants for planting. These changes would make restrictions on the 
importation of specific types of plants for planting easier for readers 
to find and less cumbersome for us to change.

DATES: We will consider all comments that we receive on or before June 
24, 2013.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2008-0011-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2008-0011, 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-
0011 or in our reading room, which is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Ms. Heather Coady, Regulatory Policy 
Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River Road 
Unit 133, Riverdale, MD 20737; (301) 851-2076.

SUPPLEMENTARY INFORMATION: 

Background

    Under the Plant Protection Act (7 U.S.C. 7701 et seq.), the 
Secretary of Agriculture is authorized to take such actions as may be 
necessary to prevent the introduction and spread of plant pests and 
noxious weeds within the United States. The Secretary has delegated 
this responsibility to the Administrator of the Animal and Plant Health 
Inspection Service (APHIS).
    The regulations in 7 CFR part 319 prohibit or restrict the 
importation of plants and plant products into the United States to 
prevent the introduction of plant pests that are not already 
established in the United States or plant pests that may be established 
but are under official control to eradicate or contain them within the 
United States.
    The regulations in ``Subpart--Plants for Planting,'' Sec. Sec.  
319.37 through 319.37-14 (referred to below as the regulations), 
restrict the importation of plants for planting. Plants for planting is 
defined in Sec.  319.37-1 as plants intended to remain planted, to be 
planted or replanted. Plant is defined in that section as any plant 
(including any plant part) capable of propagation, including a tree, a 
tissue culture, a plantlet culture, pollen, a shrub, a vine, a cutting, 
a graft, a scion, a bud, a bulb, a root, and a seed.

Current Regulations

    The current regulations can be briefly summarized as follows: 
Plants for planting that cannot be feasibly inspected, treated, or 
handled to prevent quarantine pests that may accompany them from being 
introduced into the United States are listed in Sec.  319.37-2(a) or 
(b) of the regulations as prohibited articles. Plants for planting 
whose importation poses a risk of introducing a quarantine pest into 
the United States, and which need to be further analyzed to determine 
appropriate mitigations for that risk, are listed as not authorized 
pending pest risk analysis (NAPPRA) in accordance with the process in 
Sec.  319.37-2a of the regulations. Prohibited articles and NAPPRA 
articles may not be imported into the United States, unless imported by 
the U.S. Department of Agriculture (USDA) for experimental or 
scientific purposes under safeguards specified in the permit issued for 
the importation of the articles.
    Other plants for planting are referred to in the regulations as 
restricted articles. Restricted articles may be imported into the 
United States if they are imported in compliance with conditions that 
may include permit and phytosanitary certificate requirements, 
inspection, treatment, postentry quarantine, special inspection and 
certification requirements, or combinations of these safeguards.
    Some restrictions apply to the importation of most or all plants 
for planting. Under Sec.  319.37-3(a)(5), lots of 13 or more articles 
(other than seeds, bulbs, or sterile cultures of orchid plants) from 
any country or locality except Canada may be imported into the United 
States only after issuance of a written permit. This means that most 
plants for planting are imported with a permit.
    All plants for planting imported into the United States must be 
presented for inspection. Plants for planting that are required to be 
imported under a written permit under Sec.  319.37-3(a)(1) through 
(a)(6) and that are not from Canada must be imported or offered for 
importation at a USDA plant inspection station.\1\ Such stations are 
listed in Sec.  319.37-14. Plants for planting that are offered for 
inspection at a USDA plant inspection station are inspected by Plant 
Protection and Quarantine (PPQ) inspectors. Plants for planting that 
are not required to be inspected at a USDA plant inspection station may 
be presented for inspection either at one of the ports listed in Sec.  
319.37-14 or at a Customs designated port of entry indicated in 19 CFR 
101.3(b)(1). Such plants are inspected by the Department of Homeland 
Security's Bureau of Customs and Border Protection.
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    \1\ Small lots of seed imported in accordance with Sec.  319.37-
4(d) are exempt from this requirement.
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    After inspection, the plants may be allowed entry into the United 
States (with treatment, if necessary), destroyed, or reexported, 
depending on

[[Page 24635]]

the results of the inspection. As noted earlier, most shipments of 
plants for planting are required to be imported under a written permit 
under Sec.  319.37-3(a)(5) and are thus inspected at USDA plant 
inspection stations.
    In addition, except for bulbs from the Netherlands, Canadian 
greenhouse-grown plants, small lots of seed, and certain seeds from 
Canada (as described in Sec.  319.37-4(a)(4), (c), (d), and (e), 
respectively), the regulations require that a phytosanitary certificate 
issued by the exporting country's national plant protection 
organization (NPPO) accompany all restricted articles imported into the 
United States.
    Some types of plants for planting may only be imported in 
accordance with requirements specific to those plants. These 
requirements are found in Sec. Sec.  319.37-5 through 319.37-7 of the 
regulations. Section 319.37-8 prohibits the importation of plants for 
planting in growing media, except for specified growing media. In 
addition, Sec.  319.37-8 provides for the importation of certain 
combinations of growing media and taxa if the plants for planting are 
produced and inspected according to specific requirements in that 
section.
    In addition to setting out the requirements for the importation of 
plants for planting in the regulations, APHIS also makes them available 
in the Plants for Planting Manual, which is commonly used as a 
reference by importers and port inspectors, among others. The Plants 
for Planting Manual is available on the Web at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/plants_for_planting.pdf or by contacting the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, 4700 River Road 
Unit 133, Riverdale, MD 20737-1236. Local PPQ offices also typically 
have copies available for review.

Summary of Proposed Changes

    In this document, we are proposing to restructure the plants for 
planting regulations to make them simpler and easier to read and to 
allow for more timely changes to the restrictions on the importation of 
specific types of plants for planting. To accomplish these goals, we 
would make the following changes:
     We would remove provisions from other subparts in 7 CFR 
part 319 that regulate the importation of plants for planting and thus 
consolidate the requirements for importation of all plants for planting 
under the plants for planting regulations.
     We would add most of the plants for planting that are 
listed as prohibited in Sec.  319.37-2(a) to the list of plants for 
planting whose importation is NAPPRA in accordance with current Sec.  
319.37-2a. Other prohibitions would be reflected in the Plants for 
Planting Manual. This document is currently used by importers and 
inspectors as a reference regarding restrictions on the importation of 
plants for planting.
     Within the plants for planting regulations, we would group 
together the requirements that apply to the importation of all or most 
plants for planting.
     We are proposing that restrictions on the importation of 
specific types of plants for planting would no longer be found in the 
regulations, but instead would be found in the Plants for Planting 
Manual. We are proposing to change these restrictions after taking 
public comment on notices published in the Federal Register, rather 
than publishing proposed rules and final rules as we currently do. 
Specifically, we would publish a notice announcing our determination 
that it is necessary to add, change, or remove restrictions on the 
importation of a specific type of plants for planting and make 
available a document describing those restrictions and why they are 
necessary. We would allow for public comment on the notice and the 
document it makes available. We would then respond to any comments we 
receive in a second notice, and implement the restrictions if our 
determination remains unchanged. (This process is described in more 
detail later in this document.)
     We would remove several lists of approved items (for 
example, the lists of approved growing media, packing materials, and 
ports of entry) from the regulations and instead provide these lists to 
the public in the Plants for Planting Manual. We would update these 
lists, when necessary, using a process similar to the one we are 
proposing to use to update restrictions on the importation of specific 
types of plants for planting.
     We are proposing to establish a framework for the use of 
integrated pest management measures in the production of specific types 
of plants for planting for importation into the United States, when the 
pest risk associated with the importation of a type of plants for 
planting can only be addressed through the use of integrated measures.
     We are also proposing several minor changes to the 
regulations to improve their clarity and reflect current program 
operations.
    We are not proposing to make major changes to the restrictions that 
currently apply to the importation of plants for planting. This 
proposal is directed towards making the regulations easier to use and 
to implement. Our proposed changes are discussed in detail below.

Removal of Restrictions on the Importation of Specific Types of Plants 
for Planting in Other Subparts

    In addition to the plants for planting regulations, part 319 
contains several subparts that regulate the importation of all plants 
and plant parts of a specific type, both plants for planting and plants 
for consumption, decoration, or other uses. Specifically, plants for 
planting and plants for other uses are regulated in subparts pertaining 
to the importation of cotton; sugarcane; corn; Indian corn or maize, 
broomcorn, and related plants; rice; wheat; coffee; Khapra beetle host 
articles; and gypsy moth host articles from Canada. In addition, Sec.  
319.19 separately prohibits the importation of citrus plants for 
planting (specifically, the subfamilies Aurantioideae, Rutoideae, and 
Toddalioideae of the family Rutaceae).
    To reflect this, the plants for planting regulations limit their 
scope to restricted articles of plants for planting. In Sec.  319.37-1, 
restricted article is defined as any regulated plant, root, bulb, seed, 
or other plant product capable of propagation, excluding the following:
     Prohibited articles;
     Articles whose importation is NAPPRA under Sec.  319.37-
2a;
     Any articles regulated in Sec. Sec.  319.8 through 319.24 
or 319.41 through 319.74-4; and
     Any articles regulated in 7 CFR part 360, which regulates 
the importation and interstate movement of plant taxa designated as 
noxious weeds.

(Regulated plant is separately defined to indicate exactly what 
organisms are considered plants for the purposes of the regulations.) 
The definition of restricted article excludes the plants for planting 
whose importation is regulated under the subparts mentioned earlier, 
except the Khapra beetle and gypsy moth subparts.
    The restrictions on the importation of plants for planting under 
some of these subparts differ from the restrictions that would be 
placed on their importation under the general plants for planting 
regulations. For example, while the plants for planting regulations 
require all imported articles to be accompanied by a phytosanitary 
certificate, many of the other subparts do not. We consider a 
phytosanitary certificate (as defined in Sec.  319.37-1) to be an 
essential means of determining the risk associated with plants for 
planting.
    In general, we have determined that the restrictions in the plants 
for planting regulations are necessary to mitigate the

[[Page 24636]]

risks associated with the importation of all plants for planting, not 
just those that are currently defined as restricted articles. In 
addition, the current structure of the regulations is confusing for the 
reader, who may have to consult several subparts to determine which 
restrictions apply to the importation of a specific type of plants for 
planting. Therefore, we are proposing to amend the other subparts in 
part 319 to indicate that they do not regulate the importation of 
plants for planting and to remove provisions in those subparts that 
regulate the importation of plants for planting. Restrictions on the 
importation of articles other than plants for planting would not be 
affected in any way by these proposed changes.
    These amendments would make it unnecessary to have a definition of 
restricted article in the regulations; the term ``plants for planting'' 
would include all articles subject to the restrictions in the plants 
for planting regulations. Therefore, we are proposing to remove the 
definition of restricted article from Sec.  319.37-1 and to remove 
references to that term from the regulations. Instead, the regulations 
would simply refer to restrictions on the importation of plants for 
planting.
    We are proposing to make several changes to the current definition 
of plants for planting:
     To make it clear that the scope of the regulations 
includes only regulated plants, we are proposing to amend the 
definition of plants for planting to refer specifically to regulated 
plants.
     The definition of restricted article refers to articles 
for or capable of propagation. This allows us to regulate the 
importation of commodities like birdseed, which is not intended for 
propagation but is distributed by consumers in a manner that could lead 
to its propagation. We are proposing to amend the definition of plants 
for planting to include plants capable of propagation, so that we would 
retain the discretion to regulate such plants.
     We do not believe it is necessary to state that plants for 
planting are intended to remain planted, to be planted or replanted 
when the definition refers to plants for or capable of propagation. 
Referring simply to plants that are for planting or capable of being 
planted would cover the relevant possibilities.
     The definition of plant indicates that the term includes 
any plant part. The definition of plants for planting incorporates the 
term plant and thus includes plant parts as well. However, since the 
regulations will now refer primarily to ``plants for planting,'' we 
believe it would be useful to clarify in the definition of plants for 
planting that this term also includes any parts of a plant.
    The revised definition of plants for planting would read: 
``Regulated plants (including any plant parts) that are for planting or 
capable of being planted.''
    We would amend the other subparts that currently regulate the 
importation of specific taxa of plants for planting as follows:
     Subpart--Foreign Cotton and Covers, which consists of 
Sec. Sec.  319.8 through 319.8-26, regulates the importation of 
cottonseed, which can either be used for planting or for processing. We 
would add a new paragraph to Sec.  319.8 indicating that the 
importation of cotton plants (including any plant parts) that are for 
planting or capable of being planted is restricted in ``Subpart--Plants 
for Planting.'' In addition, to make the scope of the subpart clear, we 
would amend the definition of cottonseed in Sec.  319.8-1 to indicate 
that it only includes cottonseed intended for processing or 
consumption.
     Subpart--Sugarcane, which consists of Sec. Sec.  319.15 
and 319.15a, restricts the importation of all parts of the sugarcane 
plant, including sugarcane for planting. We would add a new paragraph 
to Sec.  319.15 indicating that the importation of sugarcane plants and 
plant parts capable of remaining planted, being planted or replanted is 
restricted in ``Subpart--Plants for Planting.''
     We would remove Subpart--Citrus Canker and Other Citrus 
Diseases, which consists of Sec.  319.19. As noted earlier, this 
subpart prohibits the importation of plants for planting from 
subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the family 
Rutaceae to prevent the introduction of citrus canker and other citrus 
diseases. As the scope of this subpart is limited to plants for 
planting, there is no need to retain any of its provisions as part of 
this consolidation. In addition, as part of this change, we would 
prohibit the importation of the other subfamily of Rutaceae, 
Flindersioideae. Although it is not specified in Sec.  319.19 as being 
prohibited for importation, the importation of plants for planting from 
this subfamily would also be a pathway for the introduction of citrus 
canker and other citrus diseases, and we have prohibited the 
importation of Flindersioideae plants for planting in the past.
     Subpart--Corn Diseases, which consists of Sec. Sec.  
319.24 through 319.24-5, restricts the importation of Indian corn and 
maize and related plants from certain countries. We would add a new 
paragraph to Sec.  319.24 indicating that the importation of corn 
plants (including any plant parts) that are for planting or capable of 
being planted is restricted in ``Subpart--Plants for Planting.''
     Subpart--Indian Corn or Maize, Broomcorn, and Related 
Plants, which consists of Sec. Sec.  319.41 through 319.41-6, also 
restricts the importation of Indian corn and maize and related plants 
from various countries. We would add a new paragraph to Sec.  319.41 
indicating that the importation of plants (including any plant parts) 
of any of the taxa listed as hosts of quarantine pests in paragraph (b) 
of that section that are for planting or capable of being planted is 
restricted in ``Subpart--Plants for Planting.'' In addition, we would 
make a change to reflect historical prohibitions that are not set out 
in this subpart. Historically, PPQ has prohibited the importation of 
corn seed of the genera Echinochloa, Eleusine, Miscanthus, Panicum, 
Pennisetum, Setaria, and Tripsacum from areas including Africa, 
Australia, Brazil, Bulgaria, Japan and adjacent islands, Korea, New 
Zealand, Oceania, the People's Republic of China, Southeast Asia, 
Taiwan, and the former Soviet Union, but this prohibition has not been 
reflected in the regulations. We would add seed of these taxa to the 
NAPPRA category as part of this action. We have prepared a pest risk 
analysis (PRA) in support of this action that details the quarantine 
pests associated with seed of these genera. The PRA can be viewed on 
Regulations.gov (see ADDRESSES above for instructions on accessing 
Regulations.gov). A copy of the PRA can also be requested from the 
person listed under FOR FURTHER INFORMATION CONTACT. We welcome public 
comment on this proposed action.
     Subpart--Rice, which consists of Sec. Sec.  319.55 through 
319.55-7, restricts the importation of seed or paddy rice, rice straw, 
and rice hulls. We would add a new paragraph to Sec.  319.55 indicating 
that the importation of seed and paddy rice, which is always used for 
planting, is restricted in ``Subpart--Plants for Planting.'' In 
addition, we would remove references to prohibitions or restrictions on 
the importation of seed and paddy rice. Specifically, we would remove 
the general prohibition on the importation of seed and paddy rice in 
Sec.  319.55(a) and (b), the permit application requirement for seed 
and paddy rice in Sec.  319.55-2(a), the port of entry requirements in 
Sec.  319.55-3(a) and (c), the inspection and disinfection requirements 
in Sec.  319.55-6(a), and the requirements for importation by mail in 
Sec.  319.55-7.
     Subpart--Wheat Diseases, which consists of Sec. Sec.  
319.59-1 through 319.59-

[[Page 24637]]

4, restricts the importation of wheat articles from various countries. 
Articles regulated under the subpart are defined as ``host crops'' in 
Sec.  319.59-1. In addition, the term seed is defined as wheat and 
triticale used for propagation. We would add a new paragraph to Sec.  
319.59-2 indicating that the importation of host crops, including seed, 
and any other plant parts that are for planting or capable of being 
planted is restricted in ``Subpart--Plants for Planting.'' We would 
also amend the definition of grain in Sec.  319.59-1 to indicate that 
it includes only articles not for planting. We would also remove 
provisions related to the importation of seed in Sec.  319.59-3(a) and 
Sec.  319.59-4(a).
    Subpart--Wheat Diseases also contains specific provisions regarding 
the importation of Triticum spp. plants, which are used for planting. 
We would remove the general prohibition on the importation of Triticum 
spp. plants in Sec.  319.59-2(a) and the exception in Sec.  319.59-
2(b).
     Subpart--Coffee, which consists of Sec. Sec.  319.73-1 
through 319.73-4, regulates the importation of unroasted coffee, which 
can be used either for planting or processing. To make the scope of the 
subpart clear, we would amend the definition of unroasted coffee in 
Sec.  319.73-1 to indicate that it only includes unroasted coffee 
intended for processing. Paragraph (a)(2) of Sec.  319.73-2 lists 
coffee plants and leaves as articles whose importation is prohibited 
under Subpart--Coffee; we would revise paragraph (a)(2) so that it 
includes coffee leaves only. In addition, paragraph (b) of Sec.  
319.73-2 states that, due to the risk of Mediterranean fruit fly and 
other injurious insects, seeds of all kinds when in pulp, including 
coffee berries or fruits, are prohibited importation into all parts of 
the United States by Sec.  319.37-2(a), except as provided in Sec.  
319.37-2(c). We are proposing to replace this paragraph with a general 
statement indicating that the importation of any coffee plants 
(including bare seeds, seeds in pulp, and any other plant parts) that 
are for planting or capable of being planted is restricted in 
``Subpart--Plants for Planting.''
    Although the plants for planting regulated under the Khapra beetle 
and gypsy moth subparts are not excluded from the current definition of 
restricted article, we believe it is necessary to amend these subparts 
as well to clarify that the importation of plants for planting is 
governed by the plants for planting regulations.
     Subpart--Khapra Beetle, which consists of Sec. Sec.  
319.75 through 319.75-9, regulates the importation of articles of 
several different types to prevent the introduction of Khapra beetle 
into the United States. Currently, this subpart includes a definition 
of nursery stock (a synonym for ``plants for planting'' formerly used 
in the plants for planting regulations) and several provisions 
regulating the importation of nursery stock and plants. We are 
proposing to remove the definition of nursery stock in Sec.  319.75-1 
and the requirements for inspection and certification of nursery stock, 
plants, roots, and bulbs in Sec.  319.75-9. (These requirements also 
refer to seed, but only seed not for propagation is restricted under 
this subpart.) In Sec.  319.75-2, which lists restricted articles, 
footnote 1 states that the importation of certain restricted articles 
is subject to prohibitions or restrictions found elsewhere in 7 CFR 
part 319. We would add to this footnote a statement that the 
importation of any restricted articles that are for planting or capable 
of being planted is restricted under the plants for planting 
regulations.
     Subpart--Gypsy Moth Host Material from Canada, which 
consists of Sec. Sec.  319.77-1 through 319.77-5, regulates the 
importation of several different types of articles to prevent the 
introduction of gypsy moth. Section 319.77-2 lists trees with roots and 
shrubs with roots as regulated articles; we would remove those articles 
from the list, as they are plants for planting. We would retain trees 
without roots in the list of regulated articles, as such trees are 
typically not used for planting. (A common example is Christmas trees.) 
Section 319.77-4 sets out conditions for the importation of restricted 
articles, including trees with roots and shrubs with roots. We would 
remove the references to those plants. In addition, footnote 1 to Sec.  
319.77-4 states that trees and shrubs from Canada may be subject to 
additional restrictions under the plants for planting regulations; we 
would remove this statement, as the importation of trees with roots and 
shrubs with roots from Canada would only be subject to the plants for 
planting regulations. We would retain the statement that trees may be 
subject to additional restrictions under Subpart--Logs, Lumber, and 
Other Unmanufactured Wood Articles, as the importation of trees without 
roots would still potentially be regulated under that subpart.
    None of the other subparts in 7 CFR part 319 regulates the 
importation of plants for planting. Of the subparts that regulate the 
importation of articles, Subpart--Logs, Lumber, and Other 
Unmanufactured Wood Articles and Subpart--Fruits and Vegetables clearly 
indicate that they only regulate articles not for propagation. (We are 
proposing to update the reference to the plants for planting 
regulations in Sec.  319.40-2(c) to refer to their newer name, 
``Subpart--Plants for Planting.'' We are proposing the same change in 
Sec.  340.0.) However, Subpart--Cut Flowers, which consists of 
Sec. Sec.  319.74-1 through 319.74-4, does not clearly indicate that it 
does not regulate the importation of plants for planting. Cuttings of 
flowers may also be intended for planting, in which case they should be 
and are regulated under the plants for planting regulations. Therefore, 
we are proposing to amend the definition of cut flower in Sec.  319.74-
1 to specify that cut flowers regulated under that subpart are not for 
planting.
    As mentioned earlier, plants for planting that have been allowed to 
be imported under these subparts would now be subject to the general 
requirements of the plants for planting regulations, which is 
appropriate given the generally high risk associated with the 
importation of plants for planting. Any specific requirements for 
plants for planting whose importation is regulated under these subparts 
would remain unchanged.
    These changes would harmonize our approach to mitigating the risk 
associated with imported plants for planting and make the regulations 
easier to use.

Adding Prohibited Plants for Planting to the NAPPRA List

    The regulations in Sec.  319.37-2(a) list types of plants for 
planting whose importation from specific areas is prohibited because 
they are hosts of quarantine pests. The prohibited plants are listed in 
a table that indicates the plants subject to the prohibition, the 
foreign places from which their importation is prohibited, and the 
plant pest(s) that are the cause of the prohibition. The types of 
plants for planting in this list have been added to the list based on a 
risk evaluation. Some of the types of plants for planting listed are 
simply listed as prohibited; others are prohibited unless imported in 
accordance with special inspection and certification requirements in 
Sec.  319.37-5.
    Paragraph (b) of Sec.  319.37-2(b) prohibits the importation of 
certain additional types of plants for planting from all foreign 
countries except Canada based on size and age criteria. The importation 
of plants that do not meet these size and age criteria is prohibited 
because larger and older plants pose a higher pest risk than younger 
and smaller ones, and because it is impractical to inspect the listed 
plants

[[Page 24638]]

for quarantine pests when they are large and old.
    The regulations in Sec.  319.37-2a provide a process for listing 
the importation of taxa of plants for planting as not authorized 
pending pest risk analysis (NAPPRA), based on the risk of introducing a 
quarantine pest into the United States through the importation of the 
taxa. Such taxa are commonly referred to as ``NAPPRA taxa,'' and the 
lists of such taxa as the ``NAPPRA lists.'' The regulations do not set 
out the NAPPRA lists, but rather provide criteria and a process for 
adding taxa to the NAPPRA lists; the lists themselves are maintained on 
the PPQ Web site.\2\
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    \2\ At http://www.aphis.usda.gov/import_export/plants/plant_imports/Q37_nappra.shtml.
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    We are proposing to remove the prohibited types of plants for 
planting in paragraphs (a) and (b) of Sec.  319.37-2 from the 
regulations. We would add most of the types of plants for planting 
listed in paragraph (a) to the NAPPRA list of plants for planting that 
are hosts of quarantine pests.
    We believe the existence of two categories of plants for planting 
whose importation into the United States is not allowed could confuse 
readers. For example, the importation of Cedrus spp. from Europe is 
prohibited in Sec.  319.37-2(a) because Douglas fir canker and seedling 
disease, both quarantine pest pathogens, are present in Europe, and 
Cedrus spp. are hosts of those pathogens. If we receive evidence that 
one of those pathogens has spread to Asia, we would add Cedrus spp. to 
the NAPPRA list for Asia and for other countries not exporting Cedrus 
spp. to the United States, because there is a risk that the pathogen 
could spread to those countries before they decide in the future to 
export Cedrus spp. However, if someone reading the NAPPRA list on the 
plants for planting Web site saw that the importation of Cedrus spp. 
from Asia was NAPPRA, that person might not think to check the list of 
prohibited articles in Sec.  319.37-2(a) in order to determine whether 
the importation of Cedrus spp. is prohibited from Europe, and thus 
might import or apply for an import permit for Cedrus spp. grown in 
(for example) Denmark. This change would eliminate the potential for 
such confusion.
    In addition, adding the types of plants for planting whose 
importation is prohibited from Sec.  319.37-2(a) to the NAPPRA list of 
hosts of quarantine pests would reflect the fact that, although these 
taxa may not be imported, anyone may still request that we conduct a 
PRA to determine what quarantine pests are currently associated with 
the importation of a prohibited taxon of plants for planting and the 
potential consequences of the introduction of those pests into the 
United States, as well as whether there are measures available to 
mitigate the risks those quarantine pests pose. Although our evaluation 
of these factors led us to prohibit the importation of all the taxa in 
Sec.  319.37-2(a), this information may change. For example, new 
measures may become available to mitigate the risk associated with a 
particular pest, meaning that a previously infeasible importation can 
now be allowed subject to certain conditions. As another example, the 
pest that prompted the prohibition of the taxon may no longer be 
considered a quarantine pest, but new pests may be associated with a 
currently prohibited taxon that would require mitigation.
    Some of the other subparts in 7 CFR part 319 that were discussed 
under the previous heading also prohibit the importation of specific 
plants for planting. As part of this proposal, we would move those 
plants for planting to the NAPPRA list as well.
    The functions of paragraph (a) of Sec.  319.37-2 and the list of 
NAPPRA taxa that are hosts of quarantine pests are similar--preventing 
the importation of taxa that have been determined to pose a risk for 
which mitigations have not been identified. However, some types of 
plants for planting in Sec.  319.37-2(a) are listed as prohibited if 
they are not imported in accordance with special inspection and 
certification conditions. For example, Malus spp. are listed as 
prohibited from all countries if not meeting the conditions for 
importation in Sec.  319.37-5(b), due to a diversity of diseases. This 
paragraph allows Malus spp. to be imported from six countries under 
specified conditions. The effect of this listed paragraph is to 
indicate that Malus spp. can be imported from six countries, subject to 
specific conditions, and is prohibited from the remainder of the world. 
We would add Malus spp. to the NAPPRA list from all countries but the 
six listed in Sec.  319.37-5(b), and we would indicate elsewhere that 
importation of Malus spp. from those six countries is only allowed in 
accordance with the conditions listed in Sec.  319.37-5(b). We would 
handle other such entries in the list of prohibited articles in Sec.  
319.37-2(a) in a similar manner.
    Similarly, the types of plants for planting listed in paragraph (b) 
of Sec.  319.37-2 can be safely imported subject to requirements 
specified in that paragraph. In addition, one prohibited type of plants 
for planting in Sec.  319.37-2(a), seeds in pulp, does not correspond 
to a plant taxon and thus cannot be listed in NAPPRA, as the NAPPRA 
lists set out taxa of plants for planting that have been determined to 
be quarantine pests or hosts of quarantine pests. In both cases, these 
provisions are better thought of not as prohibitions but as 
requirements for the importation of these types of plants for planting. 
Accordingly, we would not add these types of plants for planting to the 
NAPPRA list. We will discuss the distribution of these restrictions 
under the next heading in this document.
    Adding the prohibited types of plants for planting from Sec.  
319.37-2(a) to the NAPPRA list would necessitate additional changes to 
current Sec.  319.37-2a.\3\ This section has indicated that taxa on the 
NAPPRA lists can be imported under a Departmental permit in accordance 
with Sec.  319.37-2(c); as we would remove paragraph (a) from that 
section and put the taxa listed there into the NAPPRA category, it is 
appropriate to move the Departmental permit provisions to the end of 
the NAPPRA section, as a new paragraph (f), with appropriate changes.
---------------------------------------------------------------------------

    \3\ In this document, we are proposing to redesignate Sec.  
319.37-2a as Sec.  319.37-4. This change is discussed further under 
the heading ``Restructuring of the Plants for Planting 
Regulations.'' The paragraph designations discussed in this section 
would remain the same.
---------------------------------------------------------------------------

    Paragraph (e) of Sec.  319.37-2a discusses the removal of taxa from 
the NAPPRA list. Paragraph (e)(2) indicates that, if a PRA conducted 
for removal of a taxon from the NAPPRA list supports a determination 
that importation of the taxon be prohibited, or allowed subject to 
special restrictions, APHIS will publish a proposed rule making the PRA 
available to the public and proposing to take the action recommended by 
the PRA. As we are proposing to remove the lists of prohibited taxa 
from the regulations, it would no longer be necessary to publish a 
proposed rule if a PRA indicated that it was infeasible to mitigate the 
risk associated with the importation of a taxon and thus that the taxon 
should not be imported.
    Accordingly, we are proposing to amend paragraph (e)(2) to indicate 
that, if the PRA indicates that the taxon is a quarantine pest or a 
host of a quarantine pest and the Administrator determines that there 
are no measures available that adequately mitigate the risk of 
introducing a quarantine pest into the United States through the 
taxon's importation, we would continue to list the taxon as NAPPRA. We 
would take comment on that determination by publishing a notice in the 
Federal Register making the PRA available for comment. If comments 
cause us to

[[Page 24639]]

change our determination, we would take comment on our new 
determination before removing the taxon from the NAPPRA list. If 
comments do not cause us to change our determination, we would publish 
a second notice responding to the comments and affirming our 
determination that the taxon should continue to be listed as NAPPRA.
    We are also proposing to add text to clarify the provisions in 
paragraph (e). Paragraph (e)(1) describes how we will conduct a PRA in 
order to remove a taxon from the NAPPRA list. However, a taxon on the 
NAPPRA list of hosts of a quarantine pest will likely be listed as not 
authorized for importation from specific areas or countries where that 
pest is present. The PRA may not analyze the risks associated with the 
importation of the taxon from every country from which the taxon's 
importation is not authorized; it is most likely that it would analyze 
one country at a time, since we must work with the NPPO of each country 
in order to prepare a PRA. Therefore, we are proposing to add the 
following explanation to the end of the introductory text of paragraph 
(e): ``The pest risk analysis may analyze importation of the taxon from 
a specific area, country, or countries, or from all areas of the world. 
The conclusions of the pest risk analysis will apply accordingly.''
    Paragraph (e)(1) also currently states that the PRA conducted for a 
taxon on the NAPPRA list will examine the risk associated with the 
importation of that taxon. We are proposing to indicate that the PRA 
will examine measures available to mitigate that risk as well. With 
this change, the regulations would more completely describe the goals 
of the PRA.
    In addition, we are proposing one incidental change to current 
Sec.  319.37-2a. As discussed under the next heading, we are proposing 
to move most of the information regarding the importation of specific 
types of plants for planting from the regulations to the Plants for 
Planting Manual. Paragraph (a) of Sec.  319.37-2a currently indicates 
that the lists of NAPPRA taxa can be found on the PPQ Web site. To 
ensure that the Plants for Planting Manual is a comprehensive resource 
for information on the importation of specific types of plants for 
planting, we are proposing to indicate that the NAPPRA taxa will be 
listed in the Plants for Planting Manual as well.

Removing Restrictions on Specific Types of Plants for Planting From the 
Regulations; Establishing a Notice-Based Process for Updating Those 
Restrictions

    Broadly, the regulations on the importation of plants for planting 
can be divided into two sets of requirements. As described earlier, 
some requirements apply to the importation of all or most plants for 
planting. Under Sec.  319.37-3, most consignments of plants for 
planting must be imported with a permit. A phytosanitary certificate is 
also required for most plants for planting under Sec.  319.37-4. Most 
plants for planting may not be imported in growing media under Sec.  
319.37-8, although they may be imported in specified packing materials 
under Sec.  319.37-9. All imported plants for planting must be marked 
and identified in accordance with Sec.  319.37-10, and almost all must 
be presented at a port of entry approved for such importation under 
Sec.  319.37-14. This is not an exhaustive list, but it gives an idea 
of the conditions that apply to the importation of all or most plants 
for planting. Where exceptions exist for these requirements, they are 
typically based on a risk analysis (for example, the taxa of plants for 
planting that are allowed to be imported in growing media, subject to 
certain conditions, under Sec.  319.37-8) or on a determination by the 
Administrator that there are other equivalent means of satisfying the 
requirement (for example, documentation that can be substituted for a 
phytosanitary certificate under Sec.  319.37-4).
    Some requirements in the plants for planting regulations, in turn, 
apply to the importation of specific types of plants for planting.
    As previously discussed, in Sec.  319.37-2, paragraph (b) sets out 
size and age criteria for the importation of specific types of plants 
for planting that are necessary in order to allow for inspection of 
those plants.
    Section 319.37-5 sets out special inspection and certification 
requirements for the importation of specific plant taxa. These include 
simple requirements like inspection and certification of freedom from a 
quarantine pest by an NPPO, as in the requirements in paragraph (a) of 
that section for microscopic inspection of soil in which articles are 
grown in certain countries and certification of freedom from potato 
cyst nematodes (Globodera rostochiensis and G. pallida). There are 
numerous requirements for certification that specific taxa are free 
from a plant pathogen or pathogens based on examination or testing of 
mother stock. The section also includes relatively complex sets of 
requirements to ensure that specific taxa are free from quarantine 
pests, such as the program for Pelargonium spp. and Solanum spp. grown 
in areas where Ralstonia solanacearum race 3 biovar 2 exists in 
paragraph (r) and the program for greenhouse-grown plants from Israel 
in paragraph (v).
    Section 319.37-6 lists taxa of seeds and bulbs for planting that 
may only be imported if treated in accordance with 7 CFR part 305. 
Section 319.37-7 lists taxa of plants for planting that may be imported 
only into postentry quarantine, for the purposes of observation to 
determine whether they are infected with quarantine pests. As noted 
earlier, Sec.  319.37-8 makes exceptions from its general prohibition 
on the importation of plants for planting in growing media; those 
exceptions, and the requirements that must be fulfilled in order to 
import the excepted taxa in growing media, are listed in that section.
    Importers and inspectors rarely need to, for example, find a list 
of plants that are subject to treatment; they want to know what 
restrictions apply to the specific plants that they wish to import or 
that have been presented for inspection. For port inspectors, we 
created the Plants for Planting Manual as a reference. This manual 
lists all types of plants for planting to which specific importation 
restrictions apply and either the specific restrictions themselves or 
the place in the regulations where the restrictions can be found, 
allowing inspectors to quickly look up any individual plant to 
determine what conditions apply to its importation. Importers and the 
public frequently use the Plants for Planting Manual for this purpose 
as well.
    We are proposing to remove all the restrictions on the importation 
of specific types of plants for planting from the regulations and 
instead list them in the Plants for Planting Manual. The Plants for 
Planting Manual would contain the specific restrictions currently in 
the regulations.
    As the Plants for Planting Manual and the regulations would 
indicate that the specific restrictions in the manual must be complied 
with in order to import the specified types of plants for planting into 
the United States, there would be no need to reproduce the prohibitions 
in Sec.  319.37-2(a) on plants for planting not imported in accordance 
with the regulations. However, the size and age restrictions in Sec.  
319.37-2(b) would be treated as restrictions on the

[[Page 24640]]

importation of specific types of plants for planting and moved to the 
Plants for Planting Manual, and we would include the prohibition 
against the importation of seeds in pulp in Sec.  319.37-2(a) by adding 
a specific restriction to the Plants for Planting Manual that seeds may 
not be imported in pulp. In addition, the restrictions on the 
importation of specific types of plants for planting that are currently 
found in other subparts in 7 CFR part 319 would be moved to the Plants 
for Planting Manual. We are not proposing to change any of the specific 
restrictions currently in the plants for planting regulations as part 
of this action; this change would be purely administrative.
    Moving the specific restrictions to the Plants for Planting Manual 
would provide organizational advantages, allowing users of the 
regulations to more quickly and easily determine what specific 
restrictions apply to the importation of a plant. It also would allow 
for the creation of a process in which we publish notices in the 
Federal Register to take public comment on additions to, updates to, or 
removals of restrictions on the importation of specific types of plants 
for planting and make the consequent changes in the Plants for Planting 
Manual (commonly referred to as a notice-based process), rather than 
our current process of publishing rules in the Federal Register and 
updating the regulations themselves.
    APHIS uses notice-based processes to accomplish several different 
kinds of changes, including allowing the importation of fruits and 
vegetables subject to certain conditions (a process described in Sec.  
319.56-4), allowing the interstate movement of fruits and vegetables 
from Hawaii and U.S. territories subject to certain conditions (Sec.  
318.13-4), adding, revising, or removing treatment schedules in the PPQ 
Treatment Manual (Sec.  305.3), and, as discussed earlier, adding taxa 
of plants for planting to the NAPPRA lists. In a typical notice-based 
process, an initial notice is published in the Federal Register that 
describes a change we are considering and makes a document providing 
the scientific basis for that change available for public comment. For 
example, when we determine it necessary to add a taxon to one of the 
NAPPRA lists, we publish a notice advising the public of our 
determination and provide a data sheet that details the scientific 
evidence APHIS evaluated in making the determination that the taxon is 
a quarantine pest or a host of a quarantine pest. We solicit public 
comments on the notice. After the public comment period, we publish a 
second notice that either announces the addition of the taxon to the 
NAPPRA list, if the comments we receive do not cause us to change our 
determination that the taxon is a quarantine pest or a host of a 
quarantine pest, or announcing that the taxon will not be added to the 
NAPPRA list.
    We added the NAPPRA provisions to the regulations in a final rule 
published in the Federal Register on May 27, 2011 (76 FR 31172-31210, 
Docket No. APHIS-2006-0011) and effective on June 27, 2011. We expect 
that our use of these provisions will eventually result in a large 
number of taxa being added to the NAPPRA lists and thus not authorized 
for importation. To remove a NAPPRA taxon from its list, as noted 
earlier, we will complete a PRA. Currently, if the PRA recommended 
specific mitigations as a condition for the importation of the taxon, 
we would need to undertake rulemaking to amend the regulations to 
provide for such conditions, based on that PRA. Rulemaking entails many 
procedural requirements, meaning a typical rulemaking takes from 18 
months to 3 years to successfully complete. We anticipate that using a 
notice-based process to specify restrictions under which NAPPRA taxa 
could be imported would result in measurable time savings over the 
rulemaking process while continuing to allow for public input on the 
PRA, including the pest risk management measures it recommends.
    In addition, quarantine pest conditions in the world are constantly 
changing. A set of provisions currently approved to mitigate all 
quarantine pest risks associated with the importation of a specific 
taxon may not be suitable if a new quarantine pest is introduced into 
an area. If well-known measures to mitigate the risk associated with 
this quarantine pest exist, often the emergency action we take in 
response to the spread of the quarantine pest will be to allow the 
continued importation of host taxa from the newly infested area subject 
to those measures. However, due to the time-consuming nature of 
rulemaking, the regulations often do not reflect in a timely manner the 
imposition of those measures, although the Plants for Planting Manual 
does. Having a notice-based process in place to revise current taxon-
specific requirement would allow us to give notice of our determination 
that revised restrictions are necessary and take public comment on our 
determination and our new requirements for the importation of a taxon 
in a timely manner.\4\
---------------------------------------------------------------------------

    \4\ If the introduction of a quarantine pest into a new area 
caused us to determine that the importation of host taxa from that 
area should not be authorized, due to the lack of available measures 
to mitigate the quarantine pest risk, we would add those taxa to the 
NAPPRA category, possibly after issuing a Federal order.
---------------------------------------------------------------------------

    Before implementing any final rule with respect to this proposal, 
we would of course revise the Plants for Planting Manual, not only to 
incorporate all the information about restrictions on specific types of 
plants for planting that is currently in the regulations but also to 
make it easier to read and use as a reference.
    The details of the specific requirements we would remove from the 
regulations are discussed later in this document under the heading 
``Restructuring of the Plants for Planting Regulations.'' Here we will 
describe our proposed Sec.  319.37-20, which would set out a notice-
based process for adding, changing, or removing restrictions on the 
importation of specific types of plants for planting.
    Paragraph (a) of proposed Sec.  319.37-20 would provide that, in 
addition to the general restrictions in the plants for planting 
regulations, the Administrator may impose additional restrictions on 
the importation of specific types of plants for planting necessary to 
effectively mitigate the risk of introducing quarantine pests into the 
United States through the importation of those plants for planting. 
Additional restrictions may be placed on the importation of the entire 
plant or of certain plant parts, as a quarantine pest may not be 
associated with all parts of a plant. (Seed is the most common 
exception.) A list of the types of plants for planting whose 
importation is subject to additional restrictions, and the specific 
restrictions that apply to the importation of each type, would be found 
in the Plants for Planting Manual. In Sec.  319.37-1, we would define 
the Plants for Planting Manual as the document that contains 
restrictions on the importation of specific types of plants for 
planting, as provided in Sec.  319.37-20, and other information about 
the importation of plants for planting as provided in the plants for 
planting regulations. The definition would indicate where the Plants 
for Planting Manual is available as well.
    Paragraph (b) of proposed Sec.  319.37-20 would provide that the 
Administrator may determine that it is necessary to add, change, or 
remove restrictions on the importation of a specific type of plants for 
planting, based on the risk of introducing a quarantine pest through

[[Page 24641]]

the importation of that type of plants for planting. This text would 
explicitly indicate that the reason we would impose specific 
restrictions is a determination by the Administrator that the 
restrictions are necessary to effectively mitigate the risk of 
introducing quarantine pests into the United States.
    Paragraph (b) would also state that the Administrator will make 
such a determination based on the findings of a PRA or on other 
scientific evidence. Although we would normally use a PRA to determine 
what restrictions are appropriate for a plant's importation, one 
example of other scientific evidence we might use is results from 
experiments or research conducted on a plant when it is imported under 
a Departmental permit.
    Paragraph (c) would describe the process for adding, changing, or 
removing specific restrictions. Under this process, we would initially 
publish in the Federal Register a notice that announces our 
determination that it is necessary to add, change, or remove 
restrictions on the importation of a specific type of plants for 
planting. This notice would make available a document describing the 
restrictions that the Administrator has determined are necessary and 
how these restrictions will mitigate the risk of introducing quarantine 
pests into the United States. (In a PRA, this document would typically 
be the risk management section of the PRA.) We would typically make 
this document available for comment for 60 days. This would allow the 
public to comment both on the quarantine pest risks we have identified 
and on the means we have chosen to mitigate them.
    After the close of the comment period, we would issue a second 
notice. This notice would inform the public of the specific 
restrictions, if any, that the Administrator has determined to be 
necessary in order to mitigate the risk of introducing quarantine pests 
into the United States through the importation of the type of plants 
for planting. In response to the information submitted in public 
comments, the Administrator might implement the restrictions described 
in the document made available by the initial notice, amend the 
restrictions in response to public comment, or determine that changes 
to existing restrictions are unnecessary.
    It is important to note that the Plants for Planting Manual does 
not just contain restrictions on the importation of plants for 
planting; it also contains explanation of and guidance on how to 
fulfill those restrictions, as well as instructions for how to inspect 
imported plants for planting, lists of facilities approved to export 
plants for planting under certain programs, and other information. We 
would not publish a notice in the Federal Register every time we 
determine that it is necessary to change something in the Plants for 
Planting Manual; we would only do so to add, change, or remove 
phytosanitary measures imposed on the importation of specific types of 
plants for planting to mitigate the risk of introducing quarantine 
pests. For example, we would publish a notice in the Federal Register 
to add a requirement that a taxon be produced in a pest-free place of 
production, but we would not publish a notice to update the list of 
approved pest-free places of production that produce the taxon for 
export to the United States.
    Paragraph (d) would address types of plants for planting whose 
importation is currently subject to specific restrictions. As noted, we 
would move these restrictions to the Plants for Planting Manual without 
changing them. However, we may need to change them in the future. 
Paragraph (d) would indicate that plants for planting whose importation 
is currently subject to plant type-specific restrictions in the 
regulations would continue to be subject to those restrictions, except 
as changed in accordance with the process specified in proposed 
paragraph (c).
    These changes would necessitate an update to the NAPPRA provisions 
in current Sec.  319.37-2a. As discussed earlier, paragraph (e)(2) of 
that section currently indicates that, if a PRA conducted for removal 
of a taxon from the NAPPRA list supports a determination that 
importation of the taxon be prohibited or allowed subject to special 
restrictions, such as a systems approach, treatment, or postentry 
quarantine, APHIS will publish a proposed rule making the PRA available 
to the public and proposing to take the action recommended by the PRA. 
We discussed earlier our proposed changes to paragraph (e)(2) to 
accommodate moving some of the prohibited types of plants for planting 
into the NAPPRA category. Since we would no longer publish proposed 
rules in order to add restrictions on specific types of plants for 
planting, we would add a new paragraph (e)(3) indicating that, if the 
PRA supports a determination that importation of the taxon be allowed 
subject to plant type-specific restrictions, APHIS would publish a 
notice making the PRA available to the public in accordance with the 
process in proposed Sec.  319.37-20(c).
    We are also proposing to remove specific exceptions to general 
restrictions from the regulations and update them through this notice-
based process. For example, paragraph (e) of Sec.  319.37-8 specifies 
taxa that may be imported in specified growing media if they meet 
certain requirements. We are proposing to remove such lists of types of 
plants for planting from the regulations and instead list these plants, 
and the conditions that apply to their importation, in the Plants for 
Planting Manual. The specific changes we would make are discussed 
directly below.
Restructuring of the Plants for Planting Regulations
    Consolidating the regulations in 7 CFR part 319 that govern the 
importation of plants for planting, removing the term restricted 
article, removing the lists of prohibited taxa, and removing all 
restrictions on the importation of specific types of plants for 
planting would necessitate a restructuring of the plants for planting 
regulations. Below we present an outline of the revised plants for 
planting regulations and a distribution table, showing where the 
provisions of the regulations that we are retaining would be located in 
the restructured subpart and where the provisions we are moving would 
be found.

General Requirements

Sec.  319.37-1 Notice of quarantine.
Sec.  319.37-2 Definitions.
Sec.  319.37-3 General restrictions on the importation of plants for 
planting.
Sec.  319.37-4 Taxa of plants for planting whose importation is not 
authorized pending pest risk analysis.
Sec.  319.37-5 Permits.
Sec.  319.37-6 Phytosanitary certificates.
Sec.  319.37-7 Marking and identity.
Sec.  319.37-8 Ports of entry: Approved ports, notification of 
arrival, inspection, and refusal of entry.
Sec.  319.37-9 Treatment of plants for planting; costs and charges 
for inspection and treatment; treatments applied outside the United 
States.
Sec.  319.37-10 Growing media.
Sec.  319.37-11 Packing and approved packing material.

Provisions for Restrictions on Specific Types of Plants for Planting

Sec.  319.37-20 Restrictions on the importation of specific types of 
plants for planting.
Sec.  319.37-21 Integrated pest risk management measures.
Sec.  319.37-22 Trust fund agreements.
Sec.  319.37-23 Postentry quarantine.

[[Page 24642]]



                    Table 1--Proposed Distribution of Current Plants for Planting Regulations
----------------------------------------------------------------------------------------------------------------
          Current section             Current paragraph(s)      Proposed location               Notes
----------------------------------------------------------------------------------------------------------------
Sec.   319.37 (notice of             (a)...................  Removed...............  Replaced with Sec.   319.37-
 quarantine).                                                                         1(a) and (b).
                                     (b)...................  Sec.   319.37-8(d)      ...........................
                                     (c)...................  Sec.   319.37-8(e)      ...........................
                                     Footnotes 1 and 2.....  Sec.   319.37-1(e) and  ...........................
                                                              (f)
Sec.   319.37-1 (definitions)......  ......................  Sec.   319.37-2.......  Definitions of terms no
                                                                                      longer used would be moved
                                                                                      to the Plants for Planting
                                                                                      Manual; definitions of
                                                                                      terms used in new
                                                                                      provisions would be added.
Sec.   319.37-2 (prohibited          (a) and (b)...........  Removed...............  Prohibited taxa would be
 articles).                                                                           moved to NAPPRA category
                                                                                      and Plants for Planting
                                                                                      Manual (as discussed
                                                                                      earlier).
                                     (c)...................  Sec.   319.37-4(f)....  Would be changed to reflect
                                                                                      NAPPRA category
Sec.   319.37-2a (NAPPRA)..........  ......................  Sec.   319.37-4.......  Changes to this section
                                                                                      were discussed in detail
                                                                                      earlier.
Sec.   319.37-3 (permits)..........  (a)...................  Sec.   319.37-5(a)....  Would be converted from a
                                                                                      list of types of plants
                                                                                      for planting that require
                                                                                      a permit to a general
                                                                                      requirement for a permit,
                                                                                      with exceptions in the
                                                                                      Plants for Planting
                                                                                      Manual.
                                     (b) through (f).......  Sec.   319.37-5(b)      Minor updates.
                                                              through (f).
Sec.   319.37-4 (phytosanitary       (a)...................  Sec.   319.37-6(a)....  Amended to reflect changes
 certificates).                                                                       elsewhere in section.
                                     (b)...................  Sec.   319.37-8(c)      ...........................
                                     (c)...................  Removed...............  Would be moved to Plants
                                                                                      for Planting Manual.
                                     (d)...................  Sec.   319.37-6(b)....  ...........................
                                     (e)...................  Removed...............  Would be moved to Plants
                                                                                      for Planting Manual.
Sec.   319.37-5 (inspection and      ......................  Removed...............  Would be moved to the
 certification).                                                                      Plants for Planting
                                                                                      Manual.
Sec.   319.37-6 (treatment)........  ......................  Removed...............
Sec.   319.37-7 (postentry           (a)...................  Sec.   319.37-23(a)...  Table of restricted taxa in
 quarantine).                                                                         (a) and list of taxa in
                                                                                      (b) would be moved to the
                                                                                      Plants for Planting
                                                                                      Manual.
                                     (b)...................  Removed...............
                                     (c) and (d)...........  Sec.   319.37-23(b)     Paragraphs would be greatly
                                                              and (c).                simplified.
                                     (e) and (f)...........  Sec.   319.37-23(d)     ...........................
                                                              and (e)
Sec.   319.37-8 (growing media)....  (a)...................  Sec.   319.37-10(a)     ...........................
                                     (b)...................  (b)...................  List of articles from
                                                                                      Canada that cannot be
                                                                                      imported in growing media
                                                                                      would be moved to Plants
                                                                                      for Planting Manual.
                                     (c) and (d)...........  (c)...................  Approved growing media
                                                                                      would be moved to Plants
                                                                                      for Planting Manual.
                                     (e)...................  (d)...................  Lists of approved growing
                                                                                      media and taxa that may be
                                                                                      imported in growing media
                                                                                      would be moved to Plants
                                                                                      for Planting Manual.
Sec.   319.37-9 (packing materials)  ......................  Sec.   319.37-11(b)...  List of approved packing
                                                                                      materials would be moved
                                                                                      to the Plants for Planting
                                                                                      Manual.
Sec.   319.37-10 (marking and        ......................  Sec.   319.37-5.......  Minor changes proposed.
 identity).
Sec.   319.37-11 (arrival            ......................  Sec.   319.37-8(b)      ...........................
 notification).
Sec.   319.37-12 (prohibited and     ......................  Sec.   319.37-11(a)     ...........................
 restricted articles).
Sec.   319.37-13 (treatment outside  ......................  Sec.   319.37-9.......  Minor changes proposed
 the United States).
Sec.   319.37-14 (ports of entry)..  ......................  Sec.   319.37-8(a)....  List of USDA plant
                                                                                      inspection stations would
                                                                                      be moved to the Plants for
                                                                                      Planting Manual.
----------------------------------------------------------------------------------------------------------------

    We now describe each section in our proposed revision of the plants 
for planting regulations, including the sections of the current 
regulations from which they were derived.

Notice of Quarantine

    Proposed Sec.  319.37-1 would provide official notice of the 
quarantine we have established on the importation of plants for 
planting. It would fulfill a function similar to that of current Sec.  
319.37(a), but with different wording, since the current language 
refers to prohibited and restricted articles. Proposed paragraph (a) of 
Sec.  319.37-1 would indicate that, under section 412(a) of the Plant 
Protection Act, the Secretary of Agriculture may prohibit or restrict 
the importation and entry of any plant or plant product if the 
Secretary determines that the prohibition or restriction is necessary 
to prevent the introduction into the United States or the dissemination 
within the United States of a plant pest or noxious weed.
    Paragraph (b) would state that the Secretary has determined that it 
is necessary to designate the importation of specific taxa of plants 
for planting as NAPPRA, as provided in proposed Sec.  319.37-4. It 
would further state that the Secretary has determined that it is 
necessary to restrict the importation into the United States of all 
other plants for planting and to impose additional restrictions on the 
importation of specific types of plants for planting, in accordance 
with the plants for planting

[[Page 24643]]

regulations and as described in the Plants for Planting Manual.
    We would add a new paragraph (c) to clarify that the importation of 
plants that are intended for processing is not regulated under the 
plants for planting regulations. As discussed earlier, some plants can 
be used either for planting or for processing. Importation of plants 
for processing typically poses a much lower risk than importation for 
planting, as most processing greatly reduces or eliminates the 
potential for pest introduction. Plants imported for processing may 
thus be subject to less stringent importation requirements than plants 
for planting. It has been our practice to determine whether plants are 
being imported for processing based on documentation accompanying the 
plants. For example, the Harmonized Tariff Schedule has different codes 
for plants imported as live plants and plants imported for processing. 
Therefore, proposed paragraph (c) would indicate that the importation 
of plants that are imported for processing, as determined by an 
inspector based on documentation accompanying the articles, is not 
subject to the plants for planting regulations.
    Paragraph (d) would indicate that the importation of taxa of plants 
for planting that are listed in 7 CFR part 360, which imposes 
restrictions on the importation of plant taxa designated as noxious 
weeds, and part 361, which imposes restrictions on the importation of 
certain types of seed, is subject to the restrictions in those parts. 
This text would help inform readers about the other parts in 7 CFR 
chapter III that contain regulations that apply to the importation of 
plants for planting. The taxa listed in 7 CFR parts 360 and 361, and 
the restrictions that apply to their importation, are also listed in 
the Plants for Planting Manual, making it a comprehensive reference.
    Paragraphs (e) and (f) would incorporate into the main body of the 
regulations the information contained in current footnotes 1 and 2 to 
the subpart heading. Paragraph (e) would indicate that PPQ also 
enforces regulations promulgated under the Endangered Species Act of 
1973 (Pub. L. 93-205, as amended) which contain additional prohibitions 
and restrictions on importation into the United States of plants for 
planting subject to the plants for planting regulations (see 50 CFR 
parts 17 and 23).
    Paragraph (f) would state that one or more common names of plants 
for planting are given in parentheses after most scientific names (when 
common names are known) for the purpose of helping to identify the 
plants for planting represented by such scientific names; however, 
unless otherwise specified, a reference to a scientific name includes 
all plants for planting within the taxon represented by the scientific 
name regardless of whether the common name or names are as 
comprehensive in scope as the scientific name. (The current footnote 2 
refers to ``category'' rather than ``taxon''; the latter term is more 
precise and is defined in the regulations.)
    We are also proposing to add in paragraph (f) an advisory that when 
restrictions apply to the importation of a taxon of plants for planting 
for which there are taxonomic synonyms, those restrictions apply to the 
importation of all the synonyms of that taxon as well. Synonyms are 
commonly listed in the Germplasm Research Information Network, which is 
maintained by the USDA's Agricultural Research Service. Treating 
synonyms the same is our current practice for plants for planting, as 
calling a taxon by a synonym rather than the name listed in the 
regulations does not change the risk it poses, but the regulations do 
not currently reflect this practice.

Definitions

    Proposed Sec.  319.37-2 would contain definitions of terms used in 
the plants for planting regulations. We would retain as they currently 
appear in the regulations the definitions of bulb, earth, inspector, 
noxious weed, official control, person, plant, plant pest, Plant 
Protection and Quarantine Programs, planting, port of first arrival, 
preclearance, production site, quarantine pest, regulated plant, 
Secretary, soil, State, State Plant Regulatory Official, taxon, and 
United States.
    We are proposing to remove these definitions from the regulations: 
Clean well water, disease, Europe, indexing, Oceania, potable water, 
and Solanum spp. true seed. These terms relate to plant type-specific 
restrictions and, with the removal of those restrictions, would no 
longer be used in the regulations. However, we would add these 
definitions to the Plants for Planting Manual.
    We are also proposing to remove the definitions of prohibited 
article and restricted article for reasons discussed earlier.
    We are proposing to remove the definition of Deputy Administrator 
and all references to the Deputy Administrator in the regulations. In 
their places, we would add references to the Administrator. In Sec.  
319.37-2, we would add a definition of Administrator to read: ``The 
Administrator of the Animal and Plant Health Inspection Service, United 
States Department of Agriculture, or any other employee of the United 
States Department of Agriculture authorized to act in his or her 
stead.'' This would make the plants for planting regulations consistent 
with other subparts in part 319, which refer to the Administrator as 
the decisionmaking authority within APHIS.
    Besides the new definition of Plants for Planting Manual discussed 
earlier, we are proposing to add definitions of consignment, lot, 
mother stock, national plant protection organization (NPPO), place of 
production, and type of plants for planting. The proposed definition of 
consignment is based on the definition of that term in the 
International Plant Protection Convention's (IPPC) Glossary of 
Phytosanitary Terms.\5\ The proposed definition reads: ``A quantity of 
plants for planting being moved from one country to another and 
covered, when required, by a single phytosanitary certificate (a 
consignment may be composed of one or more lots or taxa).'' We are 
proposing to define ``lot'' as a number of units of a single commodity, 
identifiable by its homogeneity of composition and origin, forming all 
or part of a consignment. We are also proposing to replace the term 
``shipment'' (as a noun) with ``consignment'' where the former term 
appears in the regulations.
---------------------------------------------------------------------------

    \5\ International Standard for Phytosanitary Measures (ISPM) No. 
5. To view this and other ISPMs on the Internet, go to http://www.ippc.int/ and click on the ``Adopted Standards'' link under the 
``Core activities'' heading.
---------------------------------------------------------------------------

    The definition we are proposing to add for national plant 
protection organization (NPPO) would read: ``The official service 
established by a government to discharge the functions specified by the 
International Plant Protection Convention.'' This definition is also 
based on a definition in the IPPC Glossary. We would replace references 
in the regulations to ``plant protection service'' and similar terms 
with references to ``NPPO.''
    These changes would make our regulations consistent with 
international standards.
    In this document, we have referred broadly to the categories of 
plants regulated in the plants for planting regulations as ``types of 
plants for planting.'' Many of the restrictions in the regulations are 
specific to taxa of plants, but others address other categories of 
plants on the basis of shared risk factors. For example, the 
regulations in Sec.  319.37-4(c) allow for the importation of 
greenhouse-grown plants from Canada without a

[[Page 24644]]

phytosanitary certificate, provided that certain conditions are met. 
This program applies to any taxon of plants that is grown in a 
certified greenhouse in Canada; both of these factors (growing 
conditions and origin) contribute to the plants' eligibility for the 
program. Similarly, many of the size and age restrictions in Sec.  
319.37-2(b) apply to broad categories of plants, such as naturally 
dwarfed trees and shrubs.
    To facilitate applying restrictions to specific types of plants for 
planting in accordance with the proposed regulations and in the Plants 
for Planting Manual, we are proposing to add a definition of type of 
plants for planting to the regulations. The definition would read: ``A 
grouping of plants for planting based on shared characteristics such as 
biological traits, morphology, botanical nomenclature, or risk 
factors.'' Thus, ``type of plants for planting'' includes shared 
botanical nomenclature but also includes any other shared risk factors 
that can serve as a basis for imposing restrictions on the importation 
of plants for planting. We welcome comment on this approach.
    The definitions of the other new terms will be discussed where they 
appear in the proposed regulations.
    Besides amending the definition of plants for planting as discussed 
earlier in this document, we are proposing to amend a few other 
existing definitions to reflect changes in this proposal. The 
definition of from states that an article is considered to be ``from'' 
any country or locality in which it was grown, except that it can be 
considered to be from Canada if certain conditions are fulfilled. One 
of the conditions is that the article is not prohibited nor subject to 
restrictions under certain paragraphs of Sec.  319.37-5, subject to a 
required treatment under Sec.  319.37-6, or subject to postentry 
quarantine under Sec.  319.37-7. We would replace the reference to 
prohibited articles with a reference to plants for planting whose 
importation is NAPPRA in accordance with proposed Sec.  319.37-4. In 
addition, as all restrictions on specific types of plants for planting 
would now be found in the Plants for Planting Manual, we would update 
the definition to require that the plants for planting may not have 
been subject to certain import restrictions under Sec.  319.37-20. 
These restrictions would be the same as those listed in the current 
definition of from. We would list those restrictions in the Plants for 
Planting Manual. We would also replace references to ``articles'' in 
this definition with references to ``plants for planting.''
    We would shorten the defined term phytosanitary certificate of 
inspection to phytosanitary certificate, as completing such 
certificates can require much more than a simple inspection. The 
definition indicates that a phytosanitary certificate is a document 
related to a restricted article; we would amend the definition to 
indicate that it is a document related to a consignment of plants for 
planting.
    Finally, we would amend the defined term Spp. (species) by 
switching the order of the words, i.e., making the defined term Species 
(spp.). This would put the word ``species'' before its abbreviation, 
the more common way of presenting such information.

General Restrictions on the Importation of Plants for Planting

    To help readers navigate the new plants for planting regulations, 
we would provide an overall guide to their structure in proposed Sec.  
319.37-3. This section would indicate that the importation of certain 
taxa of plants for planting is NAPPRA in accordance with proposed Sec.  
319.37-4. General restrictions that apply to the importation of all 
plants for planting other than those whose importation is NAPPRA in 
accordance with proposed Sec.  319.37-4 would be found in proposed 
Sec. Sec.  319.37-5 through 319.37-11.
    Just as restrictions on the importation of specific taxa of plants 
for planting are found throughout the current regulations, so are 
restrictions on the importation of all or most types of plants for 
planting found throughout the current regulations. The goal of this 
restructuring is to group all the general requirements together in the 
regulations, to make it easier for readers to determine what 
requirements apply to all or most imported plants for planting.
    Proposed Sec.  319.37-3 would also state that, in accordance with 
proposed Sec.  319.37-20, the Administrator may impose restrictions on 
the importation of specific types of plants for planting. These 
restrictions would be listed in the Plants for Planting Manual. (The 
break between proposed Sec. Sec.  319.37-11 and 319.37-20 is intended 
to emphasize the fact that the former would be the end of the general 
restrictions in the regulations, after which provisions for imposing 
restrictions on the importation of specific types of plants for 
planting would be found.)
    In addition, proposed Sec.  319.37-3 would note that additional 
information on certain restrictions on the importation of specific 
types of plants for planting could be found in proposed Sec. Sec.  
319.37-21 through 319.37-23. Although we are proposing to remove 
specific restrictions from the regulations, we are also proposing to 
provide general requirements for certain specific restrictions. 
Specifically, proposed Sec.  319.37-21 would discuss integrated pest 
risk management measures; Sec.  319.37-22 would discuss trust funds 
that may be required if APHIS is involved in mitigations in a foreign 
country; and Sec.  319.37-23 would include the remaining postentry 
quarantine requirements. We will discuss these proposed sections in 
order later in this document.

Taxa of Plants for Planting Whose Importation Is Not Authorized Pending 
Pest Risk Analysis

    Proposed Sec.  319.37-4 would contain the NAPPRA regulations 
currently found in Sec.  319.37-2a, with the changes discussed earlier 
in this document.

Permits

    Proposed Sec.  319.37-5 would include most of the current permit 
requirements in Sec.  319.37-3, with changes as discussed below.
    Paragraph (a) of current Sec.  319.37-3 lists articles for which a 
written permit is required for importation. As noted earlier, paragraph 
(a)(5) of Sec.  319.37-3 requires lots of 13 or more articles (other 
than seeds, bulbs, or sterile cultures of orchid plants) from any 
country or locality except Canada to be imported into the United States 
with a written permit. This means that most consignments of plants for 
planting are imported with a permit; the exceptions for which a permit 
is not required are lots of 12 or fewer articles other than seeds, 
bulbs, or sterile cultures of orchid plants, and all lots of seeds, 
bulbs, or sterile cultures of orchid plants, that do not include of 
types of plants for planting addressed by the other subparagraphs in 
paragraph (a).
    We are proposing to revise current Sec.  319.37-3(a) to indicate 
that a permit is generally required for all plants for planting, with 
exceptions listed in the Plants for Planting Manual. Exceptions would 
be added, changed, or removed in accordance with proposed Sec.  319.37-
20. This would allow us to update the list of exceptions through a 
notice when necessary and take public comment on any changes we make.
    In addition, we would make some changes to the list of types of 
plants for planting that require a permit as part of moving this 
information into the plants for planting manual. The current list 
indicates that permits are required for articles subject to treatment 
requirements; articles subject to postentry quarantine requirements; 
and articles subject to other specific conditions elsewhere in the 
regulations (specifically, Solanum tuberosum true seed imported from 
Chile, Fraxinus spp.

[[Page 24645]]

imported from Canada, and small lots of seed imported without a 
phytosanitary certificate). As we are proposing to remove all these 
specific requirements from the regulations, we would indicate in the 
Plants for Planting Manual that a permit is required for any 
consignment of 12 or fewer plants for planting whose importation is 
subject to specific restrictions in accordance with proposed Sec.  
319.37-20.
    This change would mean that a permit would be required for any type 
of plants for planting whose importation is subject to specific 
restrictions, not just those currently named in the regulations. We 
believe that a permit is necessary as an additional safeguard for the 
importation of these plants; that importation has already been 
determined to pose a risk, which is why we have imposed specific 
restrictions on it, and the permit provides an additional means of 
communicating those specific restrictions to the importer. We expect 
that this change will have a very small impact on the importation of 
plants for planting, since most lots of plants for planting to which 
specific restrictions apply are composed of 13 or more articles and are 
thus required to be accompanied by a permit under paragraph (a)(5) of 
Sec.  319.37-3. However, we invite public comment on the impacts of 
this proposed change.
    We would also add a statement in proposed paragraph (a)(2) that 
plants for planting whose importation is subject to postentry 
quarantine must also be imported under an importer postentry quarantine 
growing agreement. This requirement is found in Sec.  319.37-7(a)(2) of 
the current regulations, and we would retain it in this proposal; we 
would add the reference here to help readers be aware of all the 
documentation requirements that apply to plants imported into postentry 
quarantine.
    The requirements currently found in paragraphs (a)(3), (a)(4), 
(a)(6), (a)(7), and (a)(17) through (a)(19) of Sec.  319.37-3 would be 
moved to the Plants for Planting Manual, with minor changes to reflect 
the change from ``restricted articles'' to ``plants for planting'' 
discussed earlier.
    Paragraphs (a)(8) through (a)(16) of Sec.  319.37-3 contain 
requirements for permits for articles that are destined to specific 
States. We are not proposing to include these paragraphs in the Plants 
for Planting Manual because we no longer use permits to notify States 
of these potential importations; that is accomplished through an 
electronic notification system.
    Paragraph (b) of Sec.  319.37-3 contains instructions on applying 
for a permit. We would include these instructions in paragraph (b) of 
Sec.  319.37-5, but would update the address to which to write to apply 
for a permit. We would also include a Web address at which one can 
apply for a permit. With these changes, paragraph (b) of proposed Sec.  
319.37-5 would require an application for a written permit to be 
submitted to PPQ (Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Permits, Permit Unit, 4700 River Road Unit 
133, Riverdale, MD 20737-1236) at least 30 days prior to arrival of the 
plants for planting at the port of entry. It would indicate that 
application forms are available without charge from that address or on 
the Web at http://www.aphis.usda.gov/permits/ppq_epermits.shtml. The 
completed application would have to include the following information:
     Name, address, and telephone number of the importer;
     The taxon or taxa and the approximate quantity of plants 
for planting intended to be imported. Current paragraph (b)(2) refers 
to the ``kinds (botanical designations) of articles intended to be 
imported.'' We would instead refer to ``taxon or taxa'' to be 
consistent with the rest of the regulations;
     Country(ies) or locality(ies) where grown;
     Intended United States port of entry;
     Means of transportation, e.g., mail, airmail, express, air 
express, freight, airfreight, or baggage; and
     Expected date of arrival.
    Paragraphs (c) through (f) of Sec.  319.37-3 contain provisions for 
issuing permits, withdrawing permits, and oral permits. We would retain 
those paragraphs without substantive changes in proposed Sec.  319.37-
5, although we would change references to ``articles'' to ``plants for 
planting'' and references to the Deputy Administrator to refer to the 
Administrator. Paragraph (e) currently refers to articles not 
designated as required to be imported with a permit in Sec.  319.37-
3(a); we would amend this paragraph to refer to plants for planting not 
required to be imported with a permit in accordance with proposed Sec.  
319.37-5(a), to reflect the other changes we have proposed.

Phytosanitary Certificates

    Proposed Sec.  319.37-6 would contain the general requirements for 
phytosanitary certificates that are currently found in Sec.  319.37-4.
    Section 319.37-4 is headed ``Phytosanitary certificates of 
inspection,'' and the introductory text of paragraph (a) in Sec.  
319.37-4 states that any restricted article offered for importation 
into the United States must be accompanied by a phytosanitary 
certificate of inspection. We would amend the section heading and this 
requirement by removing the words ``of inspection,'' for reasons 
discussed earlier. We would also amend paragraph (a) to refer to plants 
for planting offered for importation, rather than restricted articles.
    The introductory text of paragraph (a) also includes requirements 
for identification of the taxon of plants for planting that it 
accompanies, which we would retain. The text currently requires the 
phytosanitary certificate that accompanies a restricted article must 
identify the genus and species or cultivar of that article when the 
regulations place restrictions on individual species or cultivars 
within a genus. We would amend this requirement to indicate that such 
identification is required when the importation of individual species 
or cultivars within a genus is restricted in accordance with proposed 
Sec.  319.37-20. The remaining identification requirements, for 
designation of intergeneric and interspecific hybrids, would remain 
unchanged.
    Within Sec.  319.37-4(a), subparagraphs (a)(1) through (a)(4) list 
exceptions to the requirement for a phytosanitary certificate. 
Paragraphs (c), (d), and (e) of Sec.  319.37-4 set out specific 
requirements under which certain types of plants for planting may be 
imported without a phytosanitary certificate; these paragraphs cover 
greenhouse-grown plants from Canada, small lots of seed, and certain 
seeds from Canada, respectively.
    With the exception of the requirements for small lots of seed, we 
are proposing to remove these specific requirements from the 
regulations and instead include them in the Plants for Planting Manual. 
We would retain the requirements for small lots of seed because they do 
not apply to a specific type of plants for planting; rather, they limit 
importations of seed to quantities that make an extremely thorough 
inspection of the seed practical. These requirements would be included 
in paragraph (b) of proposed Sec.  319.37-6, with minor changes to 
reflect new section designations and other changes proposed in this 
document.
    To cover the other current exceptions to the requirement for a 
phytosanitary certificate, paragraph (c)(1) of proposed Sec.  319.37-6 
would state that the Administrator may authorize the importation of 
types of plants for planting without a phytosanitary certificate if the 
plants for planting are

[[Page 24646]]

accompanied by equivalent documentation agreed upon by the 
Administrator and the NPPO of the exporting country as sufficient to 
establish the origin, identity, and quarantine pest status of the 
plants. The documentation would have to be provided by the NPPO or 
refer to documentation of the origin, identity, and quarantine pest 
status of the plants for planting provided by the NPPO. The 
documentation would have to be agreed upon before the plants for 
planting are exported from the exporting country to the United States. 
These general conditions are fulfilled by each of the sets of 
provisions in the current regulations under which types of plants for 
planting may be imported without a phytosanitary certificate. In fact, 
these general conditions are necessary to provide the same information 
as would be provided by a phytosanitary certificate.
    Paragraph (c)(2) of proposed Sec.  319.37-6 would indicate that the 
Administrator may impose additional restrictions on the importation of 
plants for planting that are not accompanied by a phytosanitary 
certificate to ensure that the plants are appropriately identified and 
free of quarantine pests. Paragraph (c)(3) would indicate that the 
Plants for Planting Manual lists plants for planting that are not 
required to be accompanied by a phytosanitary certificate; the 
countries from which their importation without a phytosanitary 
certificate is authorized; the approved documentation of their origin, 
identity, and quarantine pest status; and any additional conditions on 
their importation.
    Paragraph (c)(4) of proposed Sec.  319.37-6 would indicate that 
types of plants for planting may be added to or removed from the list 
of plants for planting that are not required to be accompanied by a 
phytosanitary certificate in accordance with proposed Sec.  319.37-20. 
The requirements for importing specific types of plants for planting 
without a phytosanitary certificate could also be changed in accordance 
with Sec.  319.37-20. The notice published for comment would describe 
the documentation agreed upon by the Administrator and the NPPO of the 
exporting country and any additional restrictions to be imposed on the 
importation of the type of plants for planting. This provision would 
allow for the importation of plants for planting without a 
phytosanitary certificate provided the conditions of proposed paragraph 
(c)(1) are met, with any additional conditions the Administrator 
determines to be necessary under proposed paragraph (c)(2). Requiring 
plants for planting to be authorized for importation without a 
phytosanitary certificate in accordance with proposed Sec.  319.37-20 
would allow for public input on the change.

Marking and Identity

    Proposed Sec.  319.37-7 would contain requirements for marking and 
identity of imported plants for planting that are substantially 
identical to the requirements currently found in Sec.  319.37-10. As in 
other sections, we would change all references to ``restricted 
articles'' to ``plants for planting.'' We would change a reference in 
paragraph (c) of Sec.  319.37-10 to a ``shipment'' of plants for 
planting to a ``consignment,'' to be consistent with changes discussed 
earlier.
    Paragraphs (a) and (b) of Sec.  319.37-10 address importation by 
any means other than mail and by mail, respectively. Each requires that 
imported plants be accompanied by, among other information, the number 
of the written permit authorizing the importation, if one was issued. 
We are proposing to require instead that the number of the written 
permit authorizing the importation be included if a written permit was 
required under proposed Sec.  319.37-5. This change would clarify that 
all articles required to be accompanied by a permit must be marked with 
that permit number.

Ports of Entry: Approved Ports, Notification of Arrival, Inspection, 
and Refusal of Entry

    Information about approved ports of entry, notification of arrival 
at the port of entry, inspection, and refusal of entry is currently 
spread among multiple sections in the regulations. We are proposing to 
consolidate this information into a new Sec.  319.37-8 to make the 
regulations easier to use.
    Paragraph (a) of proposed Sec.  319.37-8 would describe approved 
ports of entry for imported plants for planting. This information would 
be taken from the introductory text of Sec.  319.37-14. The proposed 
text would state that any plants for planting required to be imported 
under a written permit pursuant to proposed Sec.  319.37-5(a), if not 
precleared, may be imported or offered for importation only at a USDA 
plant inspection station.
    Current Sec.  319.37-14 also contains a list of USDA plant 
inspection stations. We are proposing to remove this list from the 
regulations and add it to the Plants for Planting Manual. Our decision 
to establish a USDA plant inspection station at a port of entry is 
based on the demand for inspection and the available facilities; public 
input on adding or removing USDA plant inspection stations would not be 
constructive, and in fact past additions to the list of USDA plant 
inspection stations have not received any public comment. Accordingly, 
as part of moving the introductory text of Sec.  319.37-14 into 
proposed Sec.  319.37-8(a), we would amend that text to indicate the 
USDA plant inspection stations are listed in the Plants for Planting 
Manual. The other provisions would remain unchanged, except to change 
from ``restricted articles'' to ``plants for planting.''
    Plants for planting that are not required to be imported under a 
written permit pursuant to Sec.  319.37-5(a) would be allowed to be 
imported or offered for importation at any Customs designated port of 
entry. Exceptions, if any, would be listed in Sec.  330.104. Plants for 
planting that are required to be imported under a written permit that 
are also precleared in the country of export would not be required to 
enter at an inspection station and may enter through any Customs port 
of entry. Exceptions, if any, would be listed in Sec.  330.104. These 
provisions are unchanged from current Sec.  319.37-14.
    Paragraph (b) of proposed Sec.  319.37-8 would include the 
information in current Sec.  319.37-11 regarding notice of arrival. It 
would state that, promptly upon arrival of any plants for planting at a 
port of entry, the importer shall 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.
    Paragraph (c) of proposed Sec.  319.37-8 would include the 
provisions currently in Sec.  319.37-4(b) regarding inspection and 
treatment. It would state that any plants for planting may be sampled 
and inspected by an inspector at the port of first arrival and/or under 
preclearance inspection arrangements in the country in which the plants 
for planting were grown, and must undergo treatment in accordance with 
7 CFR part 305 if treatment is ordered by the inspector. (The 
regulations currently state that plants for planting must undergo any 
treatment contained in the phytosanitary treatment regulations in 7 CFR 
part 305 that is ordered by the inspector, but part 305 no longer 
contains treatments; instead, it contains general requirements for 
performing treatments, while specific treatments are found in the PPQ 
Treatment Manual.) Any plants for planting found upon inspection to 
contain or be contaminated with quarantine pests that cannot be 
eliminated by treatment would be denied entry at the first United 
States port of arrival and would

[[Page 24647]]

have to be destroyed or shipped to a point outside the United States.
    Paragraphs (d) and (e) of proposed Sec.  319.37-8 would include the 
provisions currently in Sec.  319.37(b) and (c). Under paragraph (d), 
the importer of any plants for planting denied entry for noncompliance 
with the regulations would have to, at the importer's expense and 
within the time specified in an emergency action notification (PPQ Form 
523), destroy, ship to a point outside the United States, treat in 
accordance with 7 CFR part 305, or apply other safeguards to the plants 
for planting, as prescribed by an inspector, to prevent the 
introduction into the United States of quarantine pests. In choosing 
which action to order and in setting the time limit for the action, the 
inspector would consider the degree of pest risk presented by the plant 
pest associated with the plants for planting, whether the plants for 
planting are a host of the pest, the types of other host materials for 
the pest in or near the port, the climate and season at the port in 
relation to the pest's survival range, and the availability of 
treatment facilities for the plants for planting.
    As described, the regulations governing the handling of articles 
that are inspected and found to require treatment are slightly 
different from the regulations governing the handling of articles that 
are denied entry for noncompliance with the regulations. We are 
proposing to retain the two sets of provisions, but we are considering 
harmonizing them in the future.
    Under paragraph (e) of proposed Sec.  319.37-8, which is drawn from 
current Sec.  319.37(c), no person would be allowed to remove any 
plants for planting from the port of first arrival unless and until 
notice is given to the collector of customs by the inspector that the 
plants for planting has satisfied all requirements of the regulations.

Treatment of Plants for Planting; Costs and Charges for Inspection and 
Treatment; Treatments Applied Outside the United States

    Proposed Sec.  319.37-9 would include various provisions of the 
current regulations that deal with treatments. These provisions are 
mostly taken from current Sec.  319.37-13.
    Paragraph (a) of proposed Sec.  319.37-9 is drawn from current 
paragraph (a) of Sec.  319.37-13. It would state that the services of a 
Plant Protection and Quarantine inspector during regularly assigned 
hours of duty and at the usual places of duty shall be furnished 
without cost to the importer. No charge would be made to the importer 
for Government-owned or -controlled special inspection facilities and 
equipment used in treatment, but the inspector may require the importer 
to furnish any special labor, chemicals, packing materials, or other 
supplies required in handling an importation. PPQ would not be 
responsible for any costs or charges, other than those indicated in 
proposed Sec.  319.37-9.
    Most of paragraph (b) of proposed Sec.  319.37-9 is drawn from 
current paragraph (b) of Sec.  319.37-9, but the first sentence of 
proposed paragraph (b) incorporates a requirement currently found in 
Sec.  319.37-6(b). That paragraph requires seeds and bulbs treated 
within the United States to be treated at the time of importation into 
the United States. Among the various types of plants for planting, only 
seeds and bulbs are routinely subjected to phytosanitary treatment, as 
treatments typically cause significant mortality in other types of 
plants for planting. However, our policy has been to require treatment 
at the time of importation for any plants for planting that require 
treatment, not just seeds and bulbs, since the movement of potentially 
infested plants for planting within the United States could be a 
pathway for the introduction of quarantine pests. To promote clarity, 
we would amend proposed paragraph (b) to indicate that any treatment 
performed in the United States on plants for planting must be performed 
at the time of importation into the United States, not just treatments 
on seeds and bulbs.
    Paragraph (b) would also indicate that treatment would be performed 
by an inspector or under an inspector's supervision at a government-
operated special inspection facility, except that an importer may have 
such treatment performed at a nongovernmental facility if the treatment 
is performed at nongovernment expense under the supervision of an 
inspector and in accordance with 7 CFR part 305 and in accordance with 
any treatment required by an inspector as an emergency measure in order 
to prevent the dissemination of any quarantine pests. However, 
treatment could be performed at a nongovernmental facility only in 
cases of unavailability of government facilities and only if, in the 
judgment of an inspector, the plants for planting can be transported to 
such nongovernmental facility without the risk of introduction into the 
United States of quarantine pests.
    Paragraph (c) of proposed Sec.  319.37-9 would be drawn from 
current paragraph (c) of Sec.  319.37-13. It would require any 
treatment performed outside the United States to be monitored and 
certified by an APHIS inspector or an official from the NPPO of the 
exporting country. If monitored and certified by an official of the 
NPPO of the exporting country, then a phytosanitary certificate would 
have to be issued with the following declaration: ``The consignment of 
(fill in taxon) has been treated in accordance with 7 CFR part 305.'' 
(We are proposing to replace the term ``botanical name'' in the current 
text with the term ``taxon.'') During the entire interval between 
treatment and export, the consignment would have to be stored and 
handled in a manner that prevents any infestation by quarantine pests.

Growing Media

    Proposed Sec.  319.37-10 would set out requirements with respect to 
the importation of plants for planting in growing media. It would be 
based on current Sec.  319.37-8, but we would revise the current 
regulations to reflect the removal of restrictions on the importation 
of specific types of plants for planting from the regulations and to 
add a notice-based process for updating the list of approved growing 
media.
    Paragraph (a) of proposed Sec.  319.37-10 would require plants for 
planting at the time of importation or offer for importation into the 
United States to be free of sand, soil, earth, and other growing media, 
except as provided in the remainder of the section.
    Paragraph (b) of Sec.  319.37-8 currently states that a restricted 
article from Canada may be imported in any growing medium, except that 
a restricted article from Newfoundland or from that portion of the 
Municipality of Central Saanich in the Province of British Columbia 
east of the West Saanich Road may only be imported in an approved 
growing medium if the phytosanitary certificate accompanying it 
contains an additional declaration that that the plants were grown in a 
manner to prevent infestation by potato cyst nematodes. Articles 
imported from Canada are generally exempt from the prohibition on 
importation with growing media because the pest risks in the United 
States and Canada are similar.
    We are proposing to revise this paragraph to remove the specific 
restrictions on plants for planting grown in certain areas in Canada. 
Instead, proposed paragraph (b) would state that plants for planting 
from Canada may be imported in any growing medium, except as restricted 
in the Plants for Planting Manual. Restrictions on growing media for 
specific types of plants for planting imported from Canada would be 
added, changed, or removed in accordance with proposed Sec.  319.37-20. 
Using the notice-based process to update these restrictions

[[Page 24648]]

would provide flexibility and allow us to respond to changing pest 
conditions more quickly.
    Paragraph (c) of Sec.  319.37-8 allows a restricted article growing 
solely in agar or in other agar-like tissue culture medium to be 
imported established in such growing media. Paragraph (d) allows 
epiphytic plants (including orchid plants) established solely on tree 
fern slabs, coconut husks, coconut fiber, new clay pots, or new wooden 
baskets to be imported on such growing media. New wooden baskets must 
meet all applicable requirements in Sec. Sec.  319.40-1 through 319.40-
11, which contain requirements for the importation of wood.
    We are proposing to remove these specific requirements and instead 
generally provide, in proposed paragraph (c), that certain types of 
plants for planting growing solely in certain growing media listed in 
the Plants for Planting Manual may be imported established in such 
growing media. We would state that the Administrator has determined 
that the importation of the specified types of plants for planting in 
these growing media does not pose a risk of introducing quarantine 
pests into the United States, thus communicating the condition for 
allowing types of plants for planting to be imported in growing media 
without further restrictions.
    Proposed paragraph (c) would also provide that, if we determine 
that a new growing medium may be added to the list of growing media in 
which imported plants for planting may be established, or that a 
growing medium currently listed for such purposes is no longer suitable 
for establishment of imported plants for planting, we will publish in 
the Federal Register a notice that announces our determination and 
requests comment on the change. In our notice, we will provide for a 
public comment period, typically 60 days. After the close of the 
comment period, we will publish another notice informing the public 
regarding our decision on the change to the list of growing media in 
which imported types of plants for planting may be established. 
Establishing this process would allow us to quickly approve growing 
media or revoke their approval, depending on changing scientific 
information.
    Paragraph (e) of Sec.  319.37-8 lists several taxa of plants for 
planting that may be imported in certain approved growing media subject 
to conditions designed to prevent their infestation with quarantine 
pests. We are proposing to remove these specific requirements from the 
regulations. In their place, proposed paragraph (d) would state that 
certain types of plants for planting, as listed in the Plants for 
Planting Manual, may be imported when they are established in a growing 
medium approved by the Administrator and they are produced in 
accordance with additional requirements specified in the Plants for 
Planting Manual. (In addition to changing the provisions currently in 
paragraph (e), this would also allow for changes to the lists of plants 
for planting allowed to be imported in approved growing media that are 
currently found in paragraphs (c) and (d) of Sec.  319.37-8.) Changes 
to the list of plants for planting that may be imported in growing 
media, and to the requirements for the importation of those plants for 
planting, would be made in accordance with Sec.  319.37-20.

Packing and Approved Packing Material

    Proposed Sec.  319.37-11 would set out requirements for packing 
imported plants for planting and for their importation in packing 
material. Packing material is distinguished from growing media in that 
the plant is not rooted in packing material and the plant's roots are 
easily removed from packing material for inspection. This proposed 
section incorporates requirements from current Sec. Sec.  319.37-9 and 
319.37-12.
    Paragraph (a) of proposed Sec.  319.37-11 would indicate that 
plants for planting for importation into the United States must not be 
packed in the same container as plants for planting whose importation 
into the United States is NAPPRA in accordance with proposed Sec.  
319.37-4. Currently, Sec.  319.37-12 prohibits restricted articles from 
being imported into the United States in the same container as 
prohibited articles; we propose to update this section to use the 
terminology established elsewhere in this proposal.
    Paragraph (b) of proposed Sec.  319.37-11 would be based on current 
Sec.  319.37-9, which contains a list of approved packing materials. 
However, we would remove the list of approved packing materials from 
the regulations. Instead, proposed paragraph (b) would provide that any 
plants for planting at the time of importation or offer for importation 
into the United States shall not be packed in a packing material unless 
the plants were packed in the packing material immediately prior to 
shipment; such packing material is free from sand, soil, or earth 
(except as designated in the Plants for Planting Manual); has not been 
used previously as packing material or otherwise; and is approved by 
the Administrator as not posing a risk of introducing quarantine pests. 
Approved packing materials (and the sand that can be found on approved 
packing material) would be listed in the Plants for Planting Manual. 
There is a great diversity of packing materials that do not support the 
development of quarantine pests; allowing the Administrator to approve 
such packing material, rather than going through the rulemaking process 
to list new packing material in the regulations, will make it easier 
for importers to use newly available, risk-free packing materials.
    Paragraph (c) of proposed Sec.  319.37-11 would set out our process 
for changing the list of approved packing materials. Similar to the 
process for changing the list of approved growing media, proposed 
paragraph (c) would provide that, if we determine that a new packing 
material may be added to the list of approved packing materials, or 
that a packing material currently listed should no longer be approved, 
we will publish in the Federal Register a notice that announces our 
determination and requests comment on the change. In our notice, we 
will provide for a public comment period, typically of 60 days. After 
the close of the comment period, we will publish another notice 
informing the public regarding our decision on the change to the list 
of approved packing materials in which imported types of plants for 
planting may be established. Establishing this process would allow us 
to quickly approve packing materials or revoke their approval, 
depending on changing scientific information.

Integrated Pest Risk Management Measures

    We have already discussed proposed Sec.  319.37-20, which would set 
out the process for adding, changing, or removing restrictions on the 
importation of specific types of plants for planting. We are proposing 
to include in our revised regulations three sections that would set out 
procedures for certain plant type-specific restrictions.
    Proposed Sec.  319.37-21 would set out general requirements for the 
development of integrated pest risk management measures, when we 
determine that such measures are necessary to mitigate the risk 
associated with the importation of a specific type of plants for 
planting. We currently have several programs in the regulations that 
use integrated pest risk management measures in order to ensure that 
specific types of plants for planting are imported free of a quarantine 
pest or pests. The program in Sec.  319.37-5(r) for the importation of 
Pelargonium spp. and Solanum spp. from areas where R. solanacearum race 
3 biovar 2 is present

[[Page 24649]]

is one example. It incorporates requirements for ongoing testing for 
that pathogen, construction of production sites to prevent the pathogen 
from entering from outside sources such as water or workers' clothing, 
disinfection of equipment used in the production site, ensuring that 
growing media is free of the pathogen, training of production site 
personnel, remedial measures in case the pathogen is detected, and 
phytosanitary certification.
    An example of a program focused on an insect pest is the program in 
Sec.  319.37-5(v) for the importation of plants for planting from 
Israel, which is designed to prevent the introduction of Spodoptera 
littoralis and other quarantine pests. This program includes 
requirements for registration of production sites, construction of 
production sites to prevent the introduction of S. littoralis, regular 
inspections for the pest, remedial measures in case the pest is 
detected, and phytosanitary certification.
    Although we are proposing to move the requirements for these 
specific programs from the regulations to the Plants for Planting 
Manual, we believe it will benefit stakeholders and other interested 
parties to see what general provisions we would use to develop such 
programs in the future. The provisions we are proposing to include in 
Sec.  319 37-21 are based on Regional Standard for Phytosanitary 
Measures (RSPM) No. 24 \6\ of the North American Plant Protection 
Organization, of which APHIS is a member, and are consistent with the 
IPPC's ISPM No. 36; both of these standards address plants for 
planting.
---------------------------------------------------------------------------

    \6\ Available at http://www.nappo.org/en/data/files/download/PDF/RSPM24-16-10-05-e.pdf.
---------------------------------------------------------------------------

    In the past, we have referred to these programs as ``systems 
approaches.'' We are proposing to use the term ``integrated pest risk 
management measures'' in the plants for planting regulations to be 
consistent with RSPM No. 24 and industry terminology and to emphasize 
the fact that such programs involve multiple measures, each of which is 
necessary for a comprehensive approach to managing pest risk.
    The introductory text of proposed Sec.  319.37-21 would indicate 
that, if a type of plants for planting is a host of a quarantine pest 
or pests, APHIS may require the type to be produced in accordance with 
integrated pest risk management measures as a condition of importation. 
Proposed Sec.  319.37-21 would set out a general framework for 
integrated pest risk management measures.
    When appropriate, we would require a type of plants for planting to 
be imported subject to integrated pest risk management measures that 
mitigate the quarantine pest risks associated with that type of plants 
for planting through the process described in Sec.  319.37-20. In the 
documentation accompanying the notice we would publish under Sec.  
319.37-20, we would specify the quarantine pests identified and the 
specific measures we would use to manage them. Those measures would be 
consistent with the general measures described in proposed Sec.  
319.37-21, but would be targeted to the identified quarantine pests.
    The NAPPO standard and our proposed regulations describe the 
responsibilities of all parties involved in integrated pest risk 
management measures: The place of production, the NPPO of the exporting 
country, plant brokers, and the NPPO of the importing country (i.e., 
APHIS). We are not proposing to include most of the information in RSPM 
No. 24 with respect to our responsibilities, as it is not necessary to 
specify the actions we will take in the regulations. However, the 
proposed regulations provide us with the authority to take any action 
we may deem to be necessary. As a practical matter, we concur with RSPM 
No. 24 and would take action in accordance with its principles when 
developing and implementing integrated pest risk management measures.
    Paragraph (a) of proposed Sec.  319.37-21 would discuss the 
responsibilities of the place of production. RSPM No. 24 uses ``place 
of production'' as that term is defined in the IPPC Glossary. 
Accordingly, we would add to the regulations a definition of place of 
production, which would be consistent with the definition of that term 
in the IPPC Glossary. The definition would read: ``Any premises or 
collection of fields operated as a single production or farming unit. 
This may include a production site that is separately managed for 
phytosanitary purposes.''
    The introductory text of paragraph (a) would indicate that, for 
integrated pest risk management measures, the place of production would 
be responsible for identifying, developing, and implementing procedures 
that meet the requirements of both the NPPO of the exporting country 
and APHIS. Participants in the export program would have to be approved 
by the NPPO or its designee and APHIS. Approval would be conferred by 
the NPPO or its designee and APHIS after the participant meets the 
conditions required for integrated pest risk management. Approval would 
be withdrawn if the participant fails to meet the conditions at any 
time. All documentation required under paragraph (a)(5) of proposed 
Sec.  319.37-21 would be maintained by the exporting place of 
production and made available to official representatives of the NPPO 
of the exporting country and APHIS upon request. The place of 
production would have to be open to necessary and reasonable audit, 
monitoring, and evaluation of compliance by the NPPO of the exporting 
country and APHIS. The management of the place of production would be 
responsible for complying with the integrated pest risk management 
measures. Management would have to specify the roles and 
responsibilities of its personnel to perform program activities. The 
place of production would have to notify the NPPO of the exporting 
country of deficiencies detected during internal audits. The NPPO of 
the exporting country would be responsible for ensuring that the place 
of production is in compliance with the integrated pest risk management 
measures. These requirements are all necessary to properly establish 
accountability for the successful implementation of integrated pest 
risk management measures by the place of production.
    The most important requirement for the place of production is its 
program to manage pests. Under proposed paragraph (a)(1), the place of 
production would have to develop and implement an approved pest 
management program that contains ongoing pest monitoring and procedures 
for the exclusion and control of plant pests. The place of production 
would have to obtain material used to produce plants for planting from 
sources that are free of quarantine pests and that are approved by the 
NPPO of the exporting country and APHIS. All sources of plants for 
planting and the phytosanitary status of those plants would have to be 
well-documented, and the program for producing plants for planting 
would have to be carefully monitored.
    Under proposed paragraph (a)(2), a training program approved by the 
NPPO of the exporting country and APHIS would have to be established, 
documented, and regularly conducted at the place of production. The 
training program would have to ensure that all those involved in the 
export program possess specific knowledge related to the relevant 
components of the program and a general understanding of its 
requirements. This requirement would ensure that the pest management 
program is properly implemented.

[[Page 24650]]

    To ensure that the pest management program is effective, proposed 
paragraph (a)(3) would require the place of production to perform, or 
designate parties to perform internal audits that ensure that a plan 
approved and documented by APHIS and the NPPO of the exporting country 
is being followed and is achieving the appropriate level of pest 
management.
    Proposed paragraph (a)(4) would require the place of production to 
implement a procedure approved by APHIS and the NPPO of the exporting 
country or its designee that documents and identifies plants from 
propagation through harvest and sale to ensure that plants can be 
traced forward and back from the place of production. The system would 
at a minimum have to account for:
     The origin and pest status of mother stock. To clarify the 
meaning of this term, we would define mother stock in Sec.  319.37-2 as 
a group of plants from which plant parts are taken to produce new 
plants;
     The year of propagation and the place of production of all 
plant parts that make up the plants for planting intended for export;
     Geographic location of the place of production;
     Location of plants for planting within the place of 
production;
     The plant taxon; and
     The purchaser's identity.
    This requirement would ensure that, in the event of a pest problem, 
all responsible parties could quickly identify the source and potential 
distribution of the problem.
    To ensure a common understanding of the integrated measures, under 
proposed paragraph (a)(5), the place of production would be required to 
develop a manual approved by the NPPO of the exporting country and 
APHIS that guides the place of production's operation and that includes 
the following components:
     Administrative procedures (including roles and 
responsibilities and training procedures);
     Pest management plan;
     Place of production internal audit procedures;
     Management of noncompliant product or procedures;
     Traceability procedures; and
     Recordkeeping systems.
    Proposed paragraph (a)(6) would require the place of production to 
maintain records on its premises as specified by APHIS and the NPPO of 
the exporting country. These records would have to be made available to 
APHIS and the NPPO of the exporting country upon request. These 
documents would include all the elements described in proposed 
paragraph (a) and copies of all internal and external audit documents 
and reports.
    Proposed paragraph (b) would describe the joint responsibilities of 
APHIS and the NPPO of the exporting country. Under this paragraph, 
APHIS and the NPPO of the exporting country would be responsible for 
collaborating to establish program requirements, including workplans 
and compliance agreements as necessary, for recognizing and 
implementing particular import programs. Technically justified 
modifications to the program would be negotiated. The administration of 
program requirements would include such elements as clarification of 
terminology, testing and retesting requirements, eligibility, the 
nomenclature of certification levels, horticultural management, 
isolation and sanitation requirements, inspection, documentation, 
identification and labeling, quality assurance, noncompliance and 
remedial measures, and postentry quarantine requirements. The criteria 
for approving, suspending, removing, and reinstating approval for a 
particular program would be jointly developed and agreed upon by APHIS 
and the NPPO of the exporting country. Information would be exchanged 
between APHIS and the NPPO of the exporting country through officially 
designated contact points.
    Proposed paragraph (c) would describe the responsibilities of the 
NPPO of the exporting country. Paragraph (c)(1) would require the NPPO 
of the exporting country to provide sufficient information to APHIS to 
support the evaluation and acceptance of export programs. This could 
include:
     Specific identification of the commodity, place of 
production, and expected volume and frequency of consignments;
     Relevant production, harvest, packing, handling, and 
transport details;
     Pests associated with the plant including prevalence, 
distribution, and damage potential;
     Risk management measures proposed for a pest management 
program; and
     Relevant efficacy data.
    Proposed paragraph (c)(2) would require a phytosanitary certificate 
to be issued by the NPPO of the exporting country unless APHIS and the 
NPPO of the exporting country agree to use other documentation in 
accordance with proposed Sec.  319.37-6(c).
    Under proposed paragraph (c)(3), other responsibilities of the NPPO 
of the exporting country would include:
     Establishing and maintaining compliance agreements as 
necessary;
     Oversight and enforcement of program provisions;
     Arrangements for monitoring and audit; and
     Maintaining appropriate records.
    Paragraph (d) of proposed Sec.  319.37-21 would address the 
responsibilities of plant brokers. Persons trading in plants for 
planting intended for export without growing the plants (referred to as 
plant brokers) would have to be approved by the NPPO of the exporting 
country or its designee. The list of plant brokers would have to be 
provided to APHIS upon request. Approval would only be conferred by the 
NPPO or its designee after the participant meets the requirements of 
proposed paragraph (d). Approval would have to be withdrawn if the 
participant fails to meet the conditions at any time. Plant brokers 
would have to ensure the traceability of export consignments to an 
approved place of production or production site. Brokers would have to 
maintain the phytosanitary status of the plants in a manner equivalent 
to an approved place of production from purchase, storage, and 
transportation to the export destination. Plant brokers would have to 
document these processes for verifying status and maintaining 
traceability.
    Paragraph (e) of proposed Sec.  319.37-21 would set out 
requirements for external audits. APHIS and the NPPO of the exporting 
country would agree to the requirements for auditing.
    Under proposed paragraph (e)(1), APHIS would evaluate the 
integrated pest risk management measures of the NPPO of the exporting 
country before acceptance. This could consist of documentation review, 
site visits, and inspection and testing of plants produced under the 
system. Following approval, APHIS or its designee would monitor and 
periodically audit the system to ensure that it continues to meet the 
stated objectives. Audits would include inspection of imported plants 
for planting, site visits, and review of the integrated pest risk 
management measures and internal audit processes of the place of 
production and the NPPO of the exporting country.
    Under proposed paragraph (e)(2), the NPPO of the exporting country 
would arrange for audits of the exporting system. Audits would be 
conducted by the NPPO or its designee and may consist of inspection and 
testing of plants for planting and the documentation and management 
practices as they relate to the program. Audits would verify that:
     The places of production in the program are free of 
quarantine pests;

[[Page 24651]]

     Program participants are complying with the specified 
standards;
     The integrated pest management measures continue to meet 
APHIS requirements; and
     Arrangements with designees are complied with.
    Paragraph (f) of proposed Sec.  319.37-21 would set out procedures 
in case of noncompliance. Proposed paragraph (f)(1) would require the 
exporting NPPO to notify APHIS of noncompliance within the integrity of 
the system or noncompliance by a place of production that affects the 
phytosanitary integrity of the plants for planting. The requirements 
for notification would be determined between the NPPO of the exporting 
country and APHIS.
    Proposed paragraph (f)(2) would indicate that regulatory responses 
to program failures would be based on existing bilateral agreements. 
Contingency plans could be established in advance to ensure that 
alternative measures are available in the event that all or part of a 
program fails. APHIS would specify the consequences of noncompliance to 
the NPPO of the exporting country. The NPPO would have to specify the 
consequences of noncompliance to the participants in the program. These 
could vary depending on the nature and severity of the infraction. In 
addition, remedial measures would be specified to enable a suspended or 
decertified place of production or plant broker to become eligible for 
reinstatement or recertification.
    Proposed paragraph (f)(3) would require places of production or 
plant brokers that do not meet the conditions of the program to be 
suspended. Plants for planting could not be exported from a place of 
production or a plant broker that has failed to meet the program 
requirements.
    Proposed paragraph (f)(4) would require the effectiveness of 
remedial measures taken to be verified before reinstatement to the 
program by the exporting NPPO, and where appropriate, by APHIS.
    As can be seen, the requirements in proposed Sec.  319.37-21 are 
general requirements that could be adapted to any quarantine pests and 
any measures used to control or exclude them from places of production. 
They would provide a comprehensive framework for the development of 
specific requirements. We invite public comment on whether other 
aspects of implementing integrated pest risk management measures should 
be included in the regulations.

Trust Fund Agreements

    Some of the tasks undertaken in support of integrated pest risk 
management measures would require APHIS to perform phytosanitary 
services (for example, audits) in the exporting country. To ensure that 
APHIS is properly reimbursed for its services, proposed Sec.  319.37-22 
would provide for the creation of trust funds in order to fund such 
activities, similar to those currently required in paragraphs 
(r)(3)(xv) and (v)(7) of Sec.  319.37-5.
    Under proposed Sec.  319.37-22, if APHIS personnel need to be 
physically present in an exporting country or region to facilitate the 
exportation of plants for planting and APHIS services are to be funded 
by the NPPO of the exporting country or a private export group, then 
the NPPO or the private export group would have to enter into a trust 
fund agreement with APHIS that is in effect at the time APHIS' services 
are needed. Under the agreement, the NPPO of the exporting country or 
the private export group would be required to pay in advance all 
estimated costs that APHIS expects to incur in providing inspection 
services in the exporting country. These costs would include 
administrative expenses incurred in conducting the services and all 
salaries (including overtime and the Federal share of employee 
benefits), travel expenses (including per diem expenses), and other 
incidental expenses incurred by the inspectors in performing services. 
The agreement would require the NPPO of the exporting country or region 
or a private export group to deposit a certified or cashier's check 
with APHIS for the amount of those costs, as estimated by APHIS. The 
agreement would have to specify that, if the deposit is not sufficient 
to meet all costs incurred by APHIS, the NPPO of the exporting country 
or a private export group must deposit with APHIS, before the services 
will be completed, a certified or cashier's check for the amount of the 
remaining costs, as determined by APHIS. After a final audit at the 
conclusion of each shipping season, any overpayment of funds would be 
returned to the NPPO of the exporting country or region or a private 
export group, or held on account.

Postentry Quarantine

    Proposed Sec.  319.37-23 would contain requirements for postentry 
quarantine. Under current Sec.  319.37-7, certain taxa of plants for 
planting are required to be grown in postentry quarantine in order to 
determine whether they are infested with quarantine pests, typically 
pathogens. Section 319.37-7 also provides a framework of requirements 
under which postentry quarantine must be conducted and completed. We 
would move the lists of taxa that must be grown in postentry quarantine 
that are currently found in paragraphs (a) and (b) of Sec.  319.37-7 to 
the Plants for Planting Manual. However, we would retain much of the 
framework in the regulations, since it is generally applicable to 
growing plants for planting in postentry quarantine.
    Paragraph (a) of proposed Sec.  319.37-23 would contain the 
requirements currently in the introductory text of paragraph (a) of 
Sec.  319.37-7, before the table of restricted articles for which 
postentry quarantine is required. The paragraph would explain that one 
specific restriction that may be placed upon the importation of a type 
of plants for planting in accordance with proposed Sec.  319.37-20 is 
that it be grown in postentry quarantine. Plants for planting grown in 
postentry quarantine could be grown under postentry quarantine 
conditions specified in paragraphs (c) and (d) of proposed Sec.  
319.37-23, and could be imported or offered for importation into the 
United States only:
     If destined for a State that has completed a State 
postentry quarantine agreement with APHIS;
     If an importer postentry quarantine growing agreement has 
been completed and submitted to PPQ. (This agreement is currently 
referred to simply as a ``postentry quarantine agreement,'' but we 
believe specifying that it is the importer's agreement would better 
differentiate it from the State postentry quarantine agreement.) The 
agreement would have to be signed by the person (the importer) applying 
for a written permit for importation of the plants for planting in 
accordance with proposed Sec.  319.37-5; and,
     If PPQ has determined that the completed postentry 
quarantine growing agreement fulfills the applicable requirements of 
proposed Sec.  319.37-23 and that services by State inspectors are 
available to monitor and enforce the postentry quarantine.
    Paragraph (b) of proposed Sec.  319.37-23 would set out 
requirements for State postentry quarantine agreements. Such 
requirements are currently found in paragraph (c) of Sec.  319.37-7. We 
believe that there is no need to retain the level of detail regarding 
such agreements that is found in current paragraph (c), which sets out 
extensive requirements that States must meet in order to be sites for 
postentry quarantine; for example, the paragraph includes detailed 
requirements for State laws and

[[Page 24652]]

regulations, duties of State inspectors, services APHIS agrees to 
provide, and provisions for termination of a State postentry quarantine 
agreement. Current paragraph (c) also lists the States with active 
State postentry quarantine agreements.
    Although we continue to believe that all these requirements are 
necessary, we believe they would be better addressed in the agreement 
itself, rather than detailed in the regulations. This would allow us to 
tailor State postentry quarantine agreements to specific circumstances 
and to simplify the regulations. Accordingly, proposed paragraph (b) 
would state only that plants for planting required to undergo postentry 
quarantine in accordance with proposed Sec.  319.37-23 may only be 
imported if destined for postentry quarantine growing in a State which 
has entered into a written agreement with APHIS, signed by the 
Administrator or his or her designee and by the State Plant Regulatory 
Official (SPRO). Proposed paragraph (b) would note that, in accordance 
with the laws of individual States, inspection and other postentry 
quarantine services provided by a State may be subject to charges 
imposed by the State.
    Rather than include the list of States that have entered into a 
postentry quarantine agreement in the regulations, we would provide 
such a list of States in the Plants for Planting Manual. This would 
allow us to quickly update the list if changes are necessary, providing 
up-to-date information to stakeholders. The list of States with a 
postentry quarantine agreement (all U.S. States and Territories, except 
the District of Columbia, Guam, Hawaii, Kansas, and the Northern 
Mariana Islands) would not change; it would simply be moved to the 
manual.
    Proposed paragraph (c) of Sec.  319.37-23 would contain 
requirements for importer postentry quarantine growing agreements. Such 
requirements are currently found in paragraph (d) of Sec.  319.37-7. 
Similar to the requirements for State postentry quarantine agreements, 
we would simplify the requirements currently found in Sec.  319.37-7(d) 
in proposed paragraph (c). Proposed paragraph (c) would require that 
any plants for planting required to be grown under postentry quarantine 
conditions, as well as any increase therefrom, be grown in accordance 
with an importer postentry quarantine growing agreement signed by the 
person (the importer) applying for a written permit in accordance with 
Sec.  319.37-5 for importation of the plants for planting and submitted 
to PPQ. On each importer postentry quarantine growing agreement, the 
person would also have to obtain the signature of the SPRO for the 
State in which plants for planting covered by the agreement will be 
grown. (Currently, APHIS is required to obtain the signature of the 
SPRO; however, in practice, we have required the person obtaining the 
permit to obtain the SPRO's signature, and it is appropriate to require 
that the person seeking to grow plants in postentry quarantine obtain 
the necessary approvals to do so. Therefore, we are proposing to update 
the regulations to match current practice.)
    The importer postentry quarantine growing agreement would specify 
the kind, number, and origin of plants to be imported; the conditions 
specified in the Plants for Planting Manual under which the plants for 
planting will be grown, maintained, and labeled; and the reporting 
requirements in the case of abnormal or dead plants for planting. The 
agreement would certify to APHIS and to the State in which the plants 
for planting are grown that the signer of the agreement will comply 
with the conditions of the agreement for the postentry quarantine 
growing period prescribed for the type of plants for planting in the 
Plants for Planting Manual. (The standard postentry quarantine growing 
period, as described in current paragraph (d)(7), is 2 years, but some 
taxa are grown for other periods; we would move all these requirements 
to the Plants for Planting Manual.)
    All these elements of the postentry quarantine growing agreement 
are described in more detail in current Sec.  319.37-7(d); retaining 
less detailed performance standards in proposed Sec.  319.37-23(c) 
would allow us to tailor postentry quarantine growing agreements to 
specific circumstances and to simplify the regulations.
    Paragraph (d) of proposed Sec.  319.37-23 would specify how to 
apply for permits. A completed importer postentry quarantine agreement 
would have to accompany the application for a written permit for plants 
for planting required to be grown under postentry quarantine 
conditions. Importer postentry quarantine agreement forms would be 
available without charge from APHIS, PPQ, Permit Unit, 4700 River Road 
Unit 136, Riverdale, Maryland 20737-1236 or on the Internet at http://www.aphis.usda.gov/permits/ppq_epermits.shtml. We are proposing to 
update the address for importer postentry quarantine agreement forms 
and add a Web address for convenience.
    Paragraph (e) of proposed Sec.  319.37-23 would address inspector-
ordered disposal, movement, or safeguarding of plants for planting, 
costs and charges, and civil and criminal liabilities. It would be 
taken unchanged from current paragraph (f) of Sec.  319.37-7.

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.
    While nearly all importers of plants for planting that would be 
directly affected by the proposed rule are small, APHIS believes it 
unlikely that any economic impacts would be significant, including 
instances in which phytosanitary certification would be newly required. 
The proposed changes would facilitate access to information on import 
restrictions for specific types of plants for planting, and create a 
more efficient process for amending import requirements.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

[[Page 24653]]

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.).

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 340

    Administrative practice and procedure, Biotechnology, Genetic 
engineering, Imports, Packaging and containers, Plant diseases and 
pests, Transportation.

    Accordingly, we propose to amend 7 CFR parts 319 and 340 as 
follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

    Authority:  7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

0
2. Section 319.8 is amended as follows:
0
a. By redesignating paragraph (b) as paragraph (c).
0
b. By adding a new paragraph (b) to read as set forth below.


Sec.  319.8  Notice of quarantine.

* * * * *
    (b) The importation of cotton plants (including any plant parts) 
that are for planting or capable of being planted is restricted in 
``Subpart--Plants for Planting'' of this part.
* * * * *


Sec.  319.8-1  [Amended]

0
3. In Sec.  319.8-1, the definition of cottonseed is amended by adding 
the words ``and that is intended for processing or consumption'' before 
the period.
0
4. Section 319.15 is amended as follows:
0
a. By redesignating paragraph (b) as paragraph (c).
0
b. By adding a new paragraph (b) to read as set forth below.


Sec.  319.15  Notice of quarantine.

* * * * *
    (b) The importation of sugarcane plants (including any plant parts) 
that are for planting or capable of being planted is restricted in 
``Subpart--Plants for Planting'' of this part.
* * * * *

Subpart--Citrus Canker and Other Citrus Diseases [Removed]

0
5. Subpart--Citrus Canker and Other Citrus Diseases, consisting of 
Sec.  319.19, is removed.
0
6. Section 319.24 is amended as follows:
0
a. By redesignating paragraphs (b) through (d) as paragraphs (c) 
through (e), respectively.
0
b. By adding a new paragraph (b) to read as set forth below.


Sec.  319.24  Notice of quarantine.

* * * * *
    (b) The importation of corn plants (including any plant parts) that 
are for planting or capable of being planted is restricted in 
``Subpart--Plants for Planting'' of this part.
* * * * *
0
7. Subpart--Plants for Planting, Sec. Sec.  319.37 through 319.37-14, 
is revised to read as follows:
Subpart--Plants for Planting
Sec.
319.37-1 Notice of quarantine.
319.37-2 Definitions.
319.37-3 General restrictions on the importation of plants for 
planting.
319.37-4 Taxa of plants for planting whose importation is not 
authorized pending pest risk analysis.
319.37-5 Permits.
319.37-6 Phytosanitary certificates.
319.37-7 Marking and identity.
319.37-8 Ports of entry: Approved ports, notification of arrival, 
inspection, and refusal of entry.
319.37-9 Treatment of plants for planting; costs and charges for 
inspection and treatment; treatments applied outside the United 
States.
319.37-10 Growing media.
319.37-11 Packing and approved packing material.
319-37-12 through 319.37-19 [Reserved]
319.37-20 Restrictions on the importation of specific types of 
plants for planting.
319.37-21 Integrated pest risk management measures.
319.37-22 Trust fund agreements.
319.37-23 Postentry quarantine.

Subpart--Plants for Planting


Sec.  319.37-1  Notice of quarantine.

    (a) Under section 412(a) of the Plant Protection Act, the Secretary 
of Agriculture may prohibit or restrict the importation and entry of 
any plant or plant product if the Secretary determines that the 
prohibition or restriction is necessary to prevent the introduction 
into the United States or the dissemination within the United States of 
a plant pest or noxious weed.
    (b) The Secretary has determined that it is necessary to designate 
the importation of certain taxa of plants for planting as not 
authorized pending pest risk analysis, as provided in Sec.  319.37-4. 
The Secretary has determined that it is necessary to restrict the 
importation into the United States of all other plants for planting and 
to impose additional restrictions on the importation of specific types 
of plants for planting, in accordance with this subpart and as 
described in the Plants for Planting Manual.
    (c) The importation of plants that are imported for processing, as 
determined by an inspector based on documentation accompanying the 
articles, is not subject to this subpart.
    (d) The importation of taxa of plants for planting that are listed 
in parts 360 and 361 of this chapter is subject to the restrictions in 
those parts.
    (e) The Plant Protection and Quarantine Programs also enforces 
regulations promulgated under the Endangered Species Act of 1973 (16 
U.S.C. 1531-1544) which contain additional prohibitions and 
restrictions on importation into the United States of plants for 
planting subject to this subpart (see 50 CFR parts 17 and 23).
    (f) One or more common names of plants for planting are given in 
parentheses after most scientific names (when common names are known) 
for the purpose of helping to identify the plants for planting 
represented by such scientific names; however, unless otherwise 
specified, a reference to a scientific name includes all plants for 
planting within the taxon represented by the scientific name regardless 
of whether the common name or names are as comprehensive in scope as 
the scientific name. When restrictions apply to the importation of a 
taxon of plants for planting for which there are taxonomic synonyms, 
those restrictions apply to the importation of all the synonyms of that 
taxon as well.


Sec.  319.37-2  Definitions.

    The following definitions apply to this subpart:
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, or any 
other employee of the United States Department of Agriculture 
authorized to act in his or her stead.
    Bulb. 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.
    Consignment. A quantity of plants for planting being moved from one 
country to another and covered, when required, by a single 
phytosanitary certificate (a

[[Page 24654]]

consignment may be composed of one or more lots or taxa).
    Earth. The softer matter composing part of the surface of the 
globe, in distinction from the firm rock, and including the soil and 
subsoil, as well as finely divided rock and other soil formation 
materials down to the rock layer.
    From. Plants for planting are considered to be ``from'' any country 
or locality in which it was grown. Provided, That plants for planting 
imported into Canada from another country or locality shall be 
considered as being solely from Canada if they meet the following 
conditions:
    (1) They are imported into the United States directly from Canada 
after having been grown for at least 1 year in Canada,
    (2) They have never been grown in a country from which their 
importation would not be authorized pending pest risk analysis under 
Sec.  319.37-4,
    (3) They have never been grown in a country other than Canada from 
which it would be subject to certain restrictions on the importation of 
specific types of plants for planting under Sec.  319.37-20, which are 
listed in the Plants for Planting Manual; Provided, that plants for 
planting that would be subject to postentry quarantine if imported into 
the United States may be imported from Canada after growth in another 
country if they were grown in Canada in postentry quarantine under 
conditions equivalent to those specified in the Plants for Planting 
Manual, and
    (4) They were not imported into Canada in growing media.
    Inspector. Any individual authorized by the Administrator or the 
Commissioner of Customs and Border Protection, Department of Homeland 
Security, to enforce the regulations in this part.
    Lot. A number of units of a single commodity, identifiable by its 
homogeneity of composition and origin, forming all or part of a 
consignment.
    Mother stock. A group of plants from which plant parts are taken to 
produce new plants.
    National plant protection organization (NPPO). The official service 
established by a government to discharge the functions specified by the 
International Plant Protection Convention.
    Noxious weed. Any plant or plant product that can directly or 
indirectly injure or cause damage to crops (including plants for 
planting or plant products), livestock, poultry, or other interests of 
agriculture, irrigation, navigation, the natural resources of the 
United States, the public health, or the environment.
    Official control. The active enforcement of mandatory phytosanitary 
regulations and the application of mandatory phytosanitary procedures 
with the objective of eradication or containment of quarantine pests.
    Person. Any individual, partnership, corporation, association, 
joint venture, or other legal entity.
    Phytosanitary certificate. A document relating to a consignment of 
plants for planting, which is issued by an official of the NPPO of the 
country in which the plants for planting were grown, which is issued 
not more than 15 days prior to shipment of the plants for planting from 
the country in which grown, which is addressed to the NPPO of the 
United States (Plant Protection and Quarantine Programs), which 
contains a description of the plants for planting intended to be 
imported into the United States, which certifies that the plant has 
been thoroughly inspected, is believed to be free from quarantine 
pests, and is otherwise believed to be eligible for importation 
pursuant to the current phytosanitary laws and regulations of the 
United States, and which contains any specific additional declarations 
required in accordance with Sec.  319.37-20 and specified in the Plants 
for Planting Manual.
    Place of production. Any premises or collection of fields operated 
as a single production or farming unit. This may include a production 
site that is separately managed for phytosanitary purposes.
    Plant. Any plant (including any plant part) for or capable of 
propagation, including a tree, a tissue culture, a plantlet culture, 
pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a 
root, and a seed.
    Plant pest. Any living stage of any of the following that can 
directly or indirectly injure, cause damage to, or cause disease in any 
plant or plant product: A protozoan, a nonhuman animal, a parasitic 
plant, a bacterium, a fungus, a virus or viroid, an infectious agent or 
other pathogen, or any article similar to or allied with any of these 
articles.
    Plant Protection and Quarantine Programs. The organizational unit 
with the Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, delegated responsibility for enforcing provisions of the 
Plant Protection Act (7 U.S.C. 7701 et seq.) and related legislation, 
quarantines, and regulations.
    Plants for planting. Regulated plants (including any plant parts) 
that are for planting or capable of being planted.
    Plants for Planting Manual. The document that contains restrictions 
on the importation of specific types of plants for planting, as 
provided in Sec.  319.37-20, and other information about the 
importation of plants for planting as provided in this subpart. The 
Plants for Planting Manual is available on the Internet at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/plants_for_planting.pdf or by contacting the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, 4700 River Road 
Unit 133, Riverdale, MD 20737-1236.
    Planting. Any operation for the placing of plants in a growing 
medium, or by grafting or similar operations, to ensure their 
subsequent growth, reproduction, or propagation.
    Port of first arrival. The land area (such as a seaport, airport, 
or land border station) where a person, or a land, water, or air 
vehicle, first arrives after entering the territory of the United 
States, and where inspection of plants for planting is carried out by 
inspectors.
    Preclearance. Phytosanitary inspection and/or clearance in the 
country in which the plants for planting were grown, performed by or 
under the regular supervision of APHIS.
    Production site. A defined portion of a place of production 
utilized for the production of a commodity that is managed separately 
for phytosanitary purposes. This may include the entire place of 
production or portions of it. Examples of portions of places of 
production are a defined orchard, grove, field, greenhouse, 
screenhouse, or premises.
    Quarantine pest. A plant pest or noxious weed that is of potential 
economic importance to the United States and not yet present in the 
United States, or present but not widely distributed and being 
officially controlled.
    Regulated plant. A vascular or nonvascular plant. Vascular plants 
include gymnosperms, angiosperms, ferns, and fern allies. Gymnosperms 
include cycads, conifers, and gingko. Angiosperms include any flowering 
plant. Fern allies include club mosses, horsetails, whisk ferns, spike 
mosses, and quillworts. Nonvascular plants include mosses, liverworts, 
hornworts, and green algae.
    Secretary. The Secretary of Agriculture, or any other officer or 
employee of the Department of Agriculture to whom authority to act in 
his/her stead has been or may hereafter be delegated.
    Soil. The loose surface material of the earth in which plants, 
trees, and shrubs

[[Page 24655]]

grow, in most cases consisting of disintegrated rock with an admixture 
of organic material and soluble salts.
    Species (spp.). All species, clones, cultivars, strains, varieties, 
and hybrids of a genus.
    State. Any of the several States of the United States, the 
Commonwealth of the Northern Mariana Islands, the Commonwealth of 
Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the 
United States, or any other territory or possession of the United 
States.
    State Plant Regulatory Official. The official authorized by the 
State to sign agreements with Federal agencies involving operations of 
the State plant protection agency.
    Taxon (taxa). Any grouping within botanical nomenclature, such as 
family, genus, species, or cultivar.
    Type of plants for planting. A grouping of plants for planting 
based on shared characteristics such as biological traits, morphology, 
botanical nomenclature, or risk factors.
    United States. All of the States.


Sec.  319.37-3  General restrictions on the importation of plants for 
planting.

    (a) The importation of certain taxa of plants for planting is not 
authorized pending pest risk analysis in accordance with Sec.  319.37-
4.
    (b) General restrictions that apply to the importation of all 
plants for planting other than those whose importation is not 
authorized pending pest risk analysis are found in Sec. Sec.  319.37-5 
through 319.37-11.
    (c) In accordance with Sec.  319.37-20, the Administrator may 
impose restrictions on the importation of specific types of plants for 
planting. These restrictions are listed in the Plants for Planting 
Manual. Additional information on certain restrictions on the 
importation of specific types of plants for planting can be found in 
Sec. Sec.  319.37-21 through 319.37-23.


Sec.  319.37-4  Taxa of plants for planting whose importation is not 
authorized pending pest risk analysis.

    (a) Determination by the Administrator. The importation of certain 
taxa of plants for planting poses a risk of introducing quarantine 
pests into the United States. Therefore, the importation of these taxa 
is not authorized pending the completion of a pest risk analysis, 
except as provided in paragraph (f) of this section. These taxa are 
listed in the Plants for Planting Manual. There are two lists of taxa 
whose importation is not authorized pending pest risk analysis: A list 
of taxa of plants for planting that are quarantine pests, and a list of 
taxa of plants for planting that are hosts of quarantine pests. For 
taxa of plants for planting that have been determined to be quarantine 
pests, the list includes the names of the taxa. For taxa of plants for 
planting that are hosts of quarantine pests, the list includes the 
names of the taxa, the foreign places from which the taxa's importation 
is not authorized, and the quarantine pests of concern.
    (b) Addition of taxa. A taxon of plants for planting may be added 
to one of the lists of taxa not authorized for importation pending pest 
risk analysis under this section as follows:
    (1) Data sheet. APHIS will publish in the Federal Register a notice 
that announces our determination that a taxon of plants for planting is 
either a quarantine pest or a host of a quarantine pest. This notice 
will make available a data sheet that details the scientific evidence 
APHIS evaluated in making the determination that the taxon is a 
quarantine pest or a host of a quarantine pest. The data sheet will 
include references to the scientific evidence that APHIS used in making 
the determination. In our notice, we will provide for a public comment 
period of a minimum of 60 days on our addition to the list.
    (2) Response to comments. (i) APHIS will issue a notice after the 
close of the public comment period indicating that the taxon will be 
added to the list of taxa not authorized for importation pending pest 
risk analysis if:
    (A) No comments were received on the data sheet;
    (B) The comments on the data sheet revealed that no changes to the 
data sheet were necessary; or
    (C) Changes to the data sheet were made in response to public 
comments, but the changes did not affect APHIS' determination that the 
taxon poses a risk of introducing a quarantine pest into the United 
States.
    (ii) If comments present information that leads us to determine 
that the importation of the taxon does not pose a risk of introducing a 
quarantine pest into the United States, APHIS will not add the taxon to 
the list of plants for planting whose importation is not authorized 
pending pest risk analysis. APHIS will issue a notice giving public 
notice of this determination after the close of the comment period.
    (c) Criterion for listing a taxon of plants for planting as a 
quarantine pest. A taxon will be added to the list of taxa whose 
importation is not authorized pending pest risk analysis if scientific 
evidence causes APHIS to determine that the taxon is a quarantine pest.
    (d) Criteria for listing a taxon of plants for planting as a host 
of a quarantine pest. A taxon will be added to the list of taxa whose 
importation is not authorized pending pest risk analysis if scientific 
evidence causes APHIS to determine that the taxon is a host of a 
quarantine pest. The following criteria must be fulfilled in order to 
make this determination:
    (1) The plant pest in question must be determined to be a 
quarantine pest; and
    (2) The taxon of plants for planting must be determined to be a 
host of that quarantine pest.
    (e) Removing a taxon from the list of taxa not authorized pending 
pest risk analysis. (1) Requests to remove a taxon from the list of 
taxa whose importation is not authorized pending pest risk analysis 
must be made in accordance with Sec.  319.5 of this part. APHIS will 
conduct a pest risk analysis in response to such a request. The pest 
risk analysis will examine the risk associated with the importation of 
that taxon as well as measures available to mitigate that risk. The 
pest risk analysis may analyze importation of the taxon from a specific 
area, country, or countries, or from all areas of the world. The 
conclusions of the pest risk analysis will apply accordingly.
    (2) If the pest risk analysis indicates that the taxon is a 
quarantine pest or a host of a quarantine pest and the Administrator 
determines that there are no measures available that adequately 
mitigate the risk of introducing a quarantine pest into the United 
States through the taxon's importation, we will continue to list the 
taxon as not authorized for importation pending pest risk analysis. We 
will publish a notice making the pest risk analysis available for 
comment. If comments cause us to change our determination, we will 
publish another notice in accordance with either paragraph (e)(3) or 
paragraph (e)(4) of this section, as appropriate. If comments do not 
cause us to change our determination, we will publish a second notice 
responding to the comments and affirming our determination that the 
taxon should continue to be listed as NAPPRA.
    (3) If the pest risk analysis supports a determination that 
importation of the taxon be allowed subject to taxon-specific 
restrictions, APHIS will publish a notice making the pest risk analysis 
available to the public for comment in accordance with the process in 
Sec.  319.37-20(c).
    (4) If the pest risk analysis supports a determination that 
importation of the taxon be allowed subject to the general restrictions 
of this subpart, APHIS will publish a notice announcing our intent

[[Page 24656]]

to remove the taxon from the list of taxa whose importation is not 
authorized pending pest risk analysis and making the pest risk analysis 
supporting the taxon's removal available for public comment.
    (i) APHIS will issue a notice after the close of the public comment 
period indicating that the importation of the taxon will be subject 
only to the general restrictions of this subpart if:
    (A) No comments were received on the pest risk analysis;
    (B) The comments on the pest risk analysis revealed that no changes 
to the pest risk analysis were necessary; or
    (C) Changes to the pest risk analysis were made in response to 
public comments, but the changes did not affect the overall conclusions 
of the analysis and the Administrator's determination that the 
importation of the taxon does not pose a risk of introducing a 
quarantine pest into the United States.
    (ii) If information presented by commenters indicates that the pest 
risk analysis needs to be revised, APHIS will issue a notice after the 
close of the public comment period indicating that the importation of 
the taxon will continue to be listed as not authorized pending pest 
risk analysis while the information presented by commenters is analyzed 
and incorporated into the pest risk analysis. APHIS will subsequently 
publish a new notice announcing the availability of the revised pest 
risk analysis.
    (5) APHIS may also remove a taxon from the list of taxa whose 
importation is not authorized pending pest risk analysis when APHIS 
determines that the evidence used to add the taxon to the list was 
erroneous (for example, involving a taxonomic misidentification).
    (f) Departmental permits. Any plants for planting whose importation 
is not authorized pending pest risk analysis in accordance with this 
section may be imported or offered for entry into the United States if:
    (1) Imported by the United States Department of Agriculture for 
experimental or scientific purposes;
    (2) Imported at the National Plant Germplasm Inspection Station, 
Building 580, Beltsville Agricultural Research Center East, Beltsville, 
MD 20705 or through any Federal plant inspection station listed in the 
Plants for Planting Manual;
    (3) Imported pursuant to a Departmental permit issued for such 
plants for planting and kept on file at the port of entry;
    (4) Imported under conditions specified on the Departmental permit 
and found by the Administrator to be adequate to prevent the 
introduction into the United States of quarantine pests, i.e., 
conditions of treatment, processing, growing, shipment, disposal; and
    (5) Imported with a Departmental tag or label securely attached to 
the outside of the container containing the plants for planting or 
securely attached to the plant itself if not in a container, and with 
such tag or label bearing a Departmental permit number corresponding to 
the number of the Departmental permit issued for such plants for 
planting.


Sec.  319.37-5  Permits.

    (a)(1) Plants for planting may be imported or offered for 
importation into the United States only after issuance of a written 
permit by the Plant Protection and Quarantine Programs, except as 
provided in the Plants for Planting Manual. Exceptions from the 
requirement for a written permit will be added, changed, or removed in 
accordance with Sec.  319.37-20.
    (2) Plants for planting whose importation is subject to postentry 
quarantine, as listed in the Plants for Planting Manual must also be 
imported under an importer postentry quarantine growing agreement in 
accordance with Sec.  319.37-23(c).
    (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, Permits, Permit 
Unit, 4700 River Road Unit 133, Riverdale, MD 20737-1236) at least 30 
days prior to arrival of the plants for planting at the port of entry. 
Application forms are available without charge from that address or on 
the Internet at http://www.aphis.usda.gov/permits/ppq_epermits.shtml. 
The completed application shall include the following information:
    (1) Name, address, and telephone number of the importer;
    (2) The taxon or taxa and the approximate quantity of plants for 
planting 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.
    (c) A permit indicating the applicable conditions for importation 
under this subpart will be issued by Plant Protection and Quarantine 
Programs if, after review of the application, the plants for planting 
are deemed eligible to be imported into the United States under the 
conditions specified in the permit. However, even if such a permit is 
issued, the plants for planting may be imported only if all applicable 
requirements of this subpart are met and only if an inspector at the 
port of entry determines that no remedial measures pursuant to the 
Plant Protection Act are necessary with respect to the plants for 
planting.\1\
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    \1\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (d) Any permit which has been issued may be withdrawn by an 
inspector or the Administrator if he or she determines that the holder 
thereof has not complied with any condition for the use of the 
document. The reasons for the withdrawal shall 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 shall state all of the facts and reasons upon 
which the person relies to show that the permit was wrongfully 
withdrawn. The Administrator shall 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 such conflict.
    (e) Any plants for planting not required to be imported with a 
permit in accordance with paragraph (a) of this section may be imported 
or offered for importation into the United States only after issuance 
of an oral permit for importation issued by an inspector at the port of 
entry.
    (f) An oral permit for importation of plants for planting shall be 
issued at a port of entry by an inspector only if all applicable 
requirements of this subpart are met, such plants for planting are 
eligible to be imported under an oral permit, and an inspector at the 
port of entry determines that no measures pursuant to section 414 of 
the Plant Protection Act (7 U.S.C. 7714) are necessary with respect to 
such plants for planting.\1\


Sec.  319.37-6  Phytosanitary certificates.

    (a) Phytosanitary certificates. Any plants for planting offered for 
importation into the United States must be accompanied by a 
phytosanitary certificate, except as described in paragraphs (b) and 
(c) of this section.

[[Page 24657]]

The phytosanitary certificate must identify the genus of the plants for 
planting it accompanies. When the importation of individual species or 
cultivars within a genus is restricted in accordance with Sec.  319.37-
20, the phytosanitary certificate must also identify the species or 
cultivar of the plants for planting it accompanies. 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.
    (b) Small lots of seed. Lots of seed may be imported without a 
phytosanitary certificate required by paragraph (a) of this section 
under the following conditions:
    (1) The importation of the seed is authorized by a written permit 
issued in accordance with Sec.  319.37-5.
    (2) The seed is not listed as not authorized pending pest risk 
analysis, as provided in Sec.  319.37-4; is not of any noxious weed 
species listed in part 360 of this chapter; is not subject to 
restrictions on specific types of plants for planting as provided in 
Sec.  319.37-20; is not restricted under the regulations in parts 330 
and 340 of this chapter; and meets the requirements of part 361 of this 
chapter.
    (3) The seed meets the following packaging and shipping 
requirements:
    (i) Each seed packet is clearly labeled with the name of the 
collector/shipper, the country of origin, and the scientific name at 
least to the genus, and preferably to the species, level;
    (ii) There are a maximum of 50 seeds of 1 taxon (taxonomic category 
such as genus, species, cultivar, etc.) per packet; or a maximum weight 
not to exceed 10 grams of seed of 1 taxon per packet;
    (iii) There are a maximum of 50 seed packets per shipment;
    (iv) The seeds are free from pesticides;
    (v) The seeds are securely packaged in packets or envelopes and 
sealed to prevent spillage;
    (vi) The shipment is free from soil, plant material other than 
seed, other foreign matter or debris, seeds in the fruit or seed pod, 
and living organisms such as parasitic plants, pathogens, insects, 
snails, mites; and
    (vii) At the time of importation, the shipment is sent to either 
the Plant Germplasm Quarantine Center in Beltsville, MD, or a USDA 
plant inspection station.
    (c) Importation of other plants for planting without phytosanitary 
certificates. (1) The Administrator may authorize the importation of 
types of plants for planting without a phytosanitary certificate if the 
plants for planting are accompanied by equivalent documentation agreed 
upon by the Administrator and the NPPO of the exporting country as 
sufficient to establish the origin, identity, and quarantine pest 
status of the plants. The documentation must be provided by the NPPO or 
refer to documentation of the origin, identity, and quarantine pest 
status of the plants for planting provided by the NPPO. The 
documentation must be agreed upon before the plants for planting are 
exported from the exporting country to the United States.
    (2) The Administrator may impose additional restrictions on the 
importation of plants for planting that are not accompanied by a 
phytosanitary certificate to ensure that the plants are appropriately 
identified and free of quarantine pests.
    (3) The Plants for Planting Manual lists types of plants for 
planting that are not required to be accompanied by a phytosanitary 
certificate; the countries from which their importation without a 
phytosanitary certificate is authorized; the approved documentation of 
their origin, identity, and quarantine pest status; and any additional 
conditions on their importation.
    (4) Types of plants for planting may be added to or removed from 
the list of plants for planting that are not required to be accompanied 
by a phytosanitary certificate in accordance with Sec.  319.37-20. The 
requirements for importing types of plants for planting without a 
phytosanitary certificate may also be changed in accordance with Sec.  
319.37-20. The notice published for comment will describe the 
documentation agreed upon by the Administrator and the NPPO of the 
exporting country and any additional restrictions to be imposed on the 
importation of the type of plants for planting.


Sec.  319.37-7  Marking and identity.

    (a) Any plants for planting for importation other than by mail at 
the time of importation or offer for importation into the United States 
shall plainly and correctly bear on the outer container (if in a 
container) or the plants for planting (if not in a container) the 
following information:
    (1) General nature and quantity of the contents,
    (2) Country and locality where grown,
    (3) Name and address of shipper, owner, or person shipping or 
forwarding the plants for planting,
    (4) Name and address of consignee,
    (5) Identifying shipper's mark and number, and
    (6) Number of written permit authorizing the importation, if one 
was required under Sec.  319.37-5.
    (b) Any plants for planting for importation by mail shall be 
plainly and correctly addressed and mailed to the Plant Protection and 
Quarantine Programs at a port of entry listed in the Plants for 
Planting Manual as approved to receive imported plants for planting, 
shall be accompanied by a separate sheet of paper within the package 
plainly and correctly bearing the name, address, and telephone number 
of the intended recipient, and shall plainly and correctly bear on the 
outer container the following information:
    (1) General nature and quantity of the contents,
    (2) Country and locality where grown,
    (3) Name and address of shipper, owner, or person shipping or 
forwarding the plants for planting, and
    (4) Number of written permit authorizing the importation, if one 
was required under Sec.  319.37-5.
    (c) Any plants for planting 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 contents of the consignment.


Sec.  319.37-8  Ports of entry: Approved ports, notification of 
arrival, inspection, and refusal of entry.

    (a) Approved ports of entry. Any plants for planting required to be 
imported under a written permit pursuant to Sec.  319.37-5(a), if not 
precleared, may be imported or offered for importation only at a USDA 
plant inspection station listed in the Plants for Planting Manual. 
Ports of entry through which plants for planting must pass before 
arriving at these USDA plant inspection stations are listed in the 
Plants for Planting Manual. Any other plants for planting that are not 
required to be imported under a written permit pursuant to Sec.  
319.37-5(a) may be imported or offered for importation at any Customs 
designated port of entry indicated in 19 CFR 101.3(b)(1). Exceptions 
may be listed in Sec.  330.104 of this chapter. Plants for planting 
that are required to be imported under a written permit that are also 
precleared in the country of export are not required to enter at an 
inspection station and may enter through any Customs port of entry. 
Exceptions may be listed in Sec.  330.104 of this chapter.
    (b) Notification upon arrival at the port of entry. Promptly upon 
arrival of any plants for planting at a port of entry,

[[Page 24658]]

the importer shall notify the Plant Protection and Quarantine Programs 
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.
    (c) Inspection and treatment. Any plants for planting may be 
sampled and inspected by an inspector at the port of first arrival and/
or under preclearance inspection arrangements in the country in which 
the plants for planting were grown, and must undergo treatment in 
accordance with part 305 of this chapter if treatment is ordered by the 
inspector. Any plants for planting found upon inspection to contain or 
be contaminated with quarantine pests that cannot be eliminated by 
treatment will be denied entry at the first United States port of 
arrival and must be destroyed or shipped to a point outside the United 
States.
    (d) Disposition of plants for planting not in compliance with this 
subpart. The importer of any plants for planting denied entry for 
noncompliance with this subpart must, at the importer's expense and 
within the time specified in an emergency action notification (PPQ Form 
523), destroy, ship to a point outside the United States, treat in 
accordance with part 305 of this chapter, or apply other safeguards to 
the plants for planting, as prescribed by an inspector, to prevent the 
introduction into the United States of quarantine pests. In choosing 
which action to order and in setting the time limit for the action, the 
inspector shall consider the degree of pest risk presented by the plant 
pest associated with the plants for planting, whether the plants for 
planting are a host of the pest, the types of other host materials for 
the pest in or near the port, the climate and season at the port in 
relation to the pest's survival range, and the availability of 
treatment facilities for the plants for planting.
    (e) Removal of plants for planting from port of first arrival. No 
person shall remove any plants for planting from the port of first 
arrival unless and until notice is given to the collector of customs by 
the inspector that the plants for planting has satisfied all 
requirements under this subpart.


Sec.  319.37-9  Treatment of plants for planting; costs and charges for 
inspection and treatment; treatments applied outside the United States.

    (a) The services of a Plant Protection and Quarantine inspector 
during regularly assigned hours of duty and at the usual places of duty 
shall be furnished without cost to the importer.\2\ No charge will be 
made to the importer for Government-owned or -controlled special 
inspection facilities and equipment used in treatment, but the 
inspector may require the importer to furnish any special labor, 
chemicals, packing materials, or other supplies required in handling an 
importation under the regulations in this subpart. The Plant Protection 
and Quarantine Programs will not be responsible for any costs or 
charges, other than those indicated in this section.
---------------------------------------------------------------------------

    \2\ Provisions relating to costs for other services of an 
inspector are contained in part 354.
---------------------------------------------------------------------------

    (b) Any treatment performed in the United States on plants for 
planting must be performed at the time of importation into the United 
States. Treatment shall be performed by an inspector or under an 
inspector's supervision at a Government-operated special inspection 
facility, except that an importer may have such treatment performed at 
a nongovernmental facility if the treatment is performed at 
nongovernment expense under the supervision of an inspector and in 
accordance with part 305 of this chapter and in accordance with any 
treatment required by an inspector as an emergency measure in order to 
prevent the dissemination of any quarantine pests. However, treatment 
may be performed at a nongovernmental facility only in cases of 
unavailability of government facilities and only if, in the judgment of 
an inspector, the plants for planting can be transported to such 
nongovernmental facility without the risk of introduction into the 
United States of quarantine pests.
    (c) Any treatment performed outside the United States must be 
monitored and certified by an APHIS inspector or an official from the 
NPPO of the exporting country. If monitored and certified by an 
official of the NPPO of the exporting country, then a phytosanitary 
certificate must be issued with the following declaration: ``The 
consignment of (fill in taxon) has been treated in accordance with 7 
CFR part 305.'' During the entire interval between treatment and 
export, the consignment must be stored and handled in a manner that 
prevents any infestation by quarantine pests.


Sec.  319.37-10  Growing media.

    (a) Any plants for planting at the time of importation or offer for 
importation into the United States shall be free of sand, soil, earth, 
and other growing media, except as provided in paragraph (b), (c), or 
(d) of this section.
    (b) Plants for planting from Canada may be imported in any growing 
medium, except as restricted in the Plants for Planting Manual. 
Restrictions on growing media for specific types of plants for planting 
imported from Canada will be added, changed, or removed in accordance 
with Sec.  319.37-20.
    (c) Certain types of plants for planting growing solely in certain 
growing media listed in the Plants for Planting Manual may be imported 
established in such growing media. The Administrator has determined 
that the importation of the specified types of plants for planting in 
these growing media does not pose a risk of introducing quarantine 
pests into the United States. If the Administrator determines that a 
new growing medium may be added to the list of growing media in which 
imported plants for planting may be established, or that a growing 
medium currently listed for such purposes is no longer suitable for 
establishment of imported plants for planting, APHIS will publish in 
the Federal Register a notice that announces our determination and 
requests comment on the change. After the close of the comment period, 
APHIS will publish another notice informing the public regarding the 
Administrator's decision on the change to the list of growing media in 
which imported types of plants for planting may be established.
    (d) Certain types of plants for planting, as listed in the Plants 
for Planting Manual, may be imported when they are established in a 
growing medium approved by the Administrator and they are produced in 
accordance with additional requirements specified in the Plants for 
Planting Manual. Changes to the list of plants for planting that may be 
imported in growing media, and to the requirements for the importation 
of those types of plants for planting, will be made in accordance with 
Sec.  319.37-20.


Sec.  319.37-11  Packing and approved packing material.

    (a) Plants for planting for importation into the United States must 
not be packed in the same container as plants for planting whose 
importation into the United States is not authorized pending pest risk 
analysis in accordance with Sec.  319.37-4.
    (b) Any plants for planting at the time of importation or offer for 
importation into the United States shall not be packed in a packing 
material unless the plants were packed in the packing material 
immediately prior to shipment; such packing material is free from sand, 
soil, or earth (except as designated in

[[Page 24659]]

the Plants for Planting Manual); has not been used previously as 
packing material or otherwise; and is approved by the Administrator as 
not posing a risk of introducing quarantine pests. Approved packing 
materials are listed in the Plants for Planting Manual.
    (c) If the Administrator determines that a new packing material may 
be added to the list of packing materials, or that a packing material 
currently listed should no longer be approved, APHIS will publish in 
the Federal Register a notice that announces our determination and 
requests comment on the change. After the close of the comment period, 
APHIS will publish another notice informing the public regarding the 
Administrator's decision on the change to the list of approved packing 
materials.


Sec. Sec.  319-37-12 through 319.37-19   [Reserved]


Sec.  319.37-20  Restrictions on the importation of specific types of 
plants for planting.

    (a) Plant type-specific restrictions. In addition to the general 
restrictions in this subpart, the Administrator may impose additional 
restrictions on the importation of specific types of plants for 
planting necessary to effectively mitigate the risk of introducing 
quarantine pests into the United States through the importation of 
those plants for planting. Additional restrictions may be placed on the 
importation of the entire plant or on certain plant parts. A list of 
the types of plants for planting whose importation is subject to 
additional restrictions, and the specific restrictions that apply to 
the importation of each type of plants for planting, may be found in 
the Plants for Planting Manual.
    (b) Basis for changing restrictions. The Administrator may 
determine that it is necessary to add, change, or remove restrictions 
on the importation of a specific type of plants for planting, based on 
the risk of introducing a quarantine pest through the importation of 
that type of plants for planting. The Administrator will make this 
determination based on the findings of a pest risk analysis or on other 
scientific evidence.
    (c) Process for adding, changing, or removing restrictions. 
Restrictions on the importation of a specific type of plants for 
planting beyond the general restrictions in Sec. Sec.  319.37-5 through 
319.37-11 will be changed through the following process:
    (1) Document describing restrictions. APHIS will publish in the 
Federal Register a notice that announces our determination that it is 
necessary to add, change, or remove restrictions on the importation of 
a specific type of plants for planting. This notice will make available 
for public comment a document describing the restrictions that the 
Administrator has determined are necessary and how these restrictions 
will mitigate the risk of introducing quarantine pests into the United 
States.
    (2) Response to comments. APHIS will issue a notice after the close 
of the public comment period on the notice described in paragraph 
(c)(1) of this section. This notice will inform the public of the 
specific restrictions, if any, that the Administrator has determined to 
be necessary in order to mitigate the risk of introducing quarantine 
pests into the United States through the importation of the type of 
plants for planting. In response to the information submitted in public 
comments, the Administrator may implement the restrictions described in 
the document made available by the initial notice, amend the 
restrictions in response to public comment, or determine that changes 
to the restrictions on the importation of the type of plants for 
planting are unnecessary.
    (d) Previously imposed restrictions on specific types of plants for 
planting. Types of plants for planting whose importation was subject to 
specific restrictions by specific regulation as of [insert effective 
date of final rule] will continue to be subject to those restrictions, 
except as changed in accordance with the process specified in paragraph 
(c) of this section. The restrictions will be found in the Plants for 
Planting Manual.


Sec.  319.37-21  Integrated pest risk management measures.

    If a type of plants for planting is a host of a quarantine pest or 
pests, APHIS may require the type of plants for planting to be produced 
in accordance with integrated pest risk management measures as a 
condition of importation. This section sets out a general framework for 
integrated pest risk management measures. When appropriate, APHIS will 
require a type of plants for planting to be imported subject to 
integrated pest risk management measures that mitigate the quarantine 
pest risks associated with that type of plants for planting through the 
process described in Sec.  319.37-20.
    (a) Responsibilities of the place of production. The place of 
production is responsible for identifying, developing, and implementing 
procedures that meet the requirements of both the NPPO of the exporting 
country and APHIS. Participants in the export program must be approved 
by the NPPO or its designee and APHIS. Approval will be conferred by 
the NPPO or its designee and APHIS after the participant meets the 
conditions required for integrated pest risk management. Approval will 
be withdrawn if the participant fails to meet the conditions at any 
time. All documentation required under paragraph (a)(5) of this section 
will be maintained by the exporting place of production and made 
available to official representatives of the NPPO of the exporting 
country and APHIS upon request. The place of production must be open to 
necessary and reasonable audit, monitoring, and evaluation of 
compliance by the NPPO of the exporting country and APHIS. The 
management of the place of production will be responsible for complying 
with the integrated pest risk management measures. Management must 
specify the roles and responsibilities of its personnel to perform 
program activities. The place of production must notify the NPPO of the 
exporting country of deficiencies detected during internal audits. The 
NPPO of the exporting country will be responsible for ensuring that the 
place of production is in compliance with the integrated pest risk 
management measures.
    (1) Pest management program. The place of production must develop 
and implement an approved pest management program that contains ongoing 
pest monitoring and procedures for the exclusion and control of plant 
pests. The place of production must obtain material used to produce 
plants for planting from sources that are free of quarantine pests and 
that are approved by the NPPO of the exporting country and APHIS. All 
sources of plants for planting and the phytosanitary status of those 
plants must be well-documented and the program for producing plants for 
planting carefully monitored.
    (2) Training. A training program approved by the NPPO of the 
exporting country and APHIS must be established, documented, and 
regularly conducted at the place of production. The training program 
must ensure that all those involved in the export program possess 
specific knowledge related to the relevant components of the program 
and a general understanding of its requirements.
    (3) Internal audits. The place of production must perform, or 
designate parties to perform internal audits that ensure that a plan 
approved and documented by APHIS and the NPPO of the exporting country 
is being followed and is achieving the appropriate level of pest 
management.
    (4) Traceability. The place of production must implement a 
procedure

[[Page 24660]]

approved by APHIS and the NPPO of the exporting country or its designee 
that documents and identifies plants from propagation through harvest 
and sale to ensure that plants can be traced forward and back from the 
place of production. The system must at a minimum account for:
    (i) The origin and pest status of mother stock;
    (ii) The year of propagation and the place of production of all 
plant parts that make up the plants for planting intended for export;
    (iii) Geographic location of the place of production;
    (iv) Location of plants for planting within the place of 
production;
    (v) The plant taxon; and
    (vi) The purchaser's identity.
    (5) Documentation of program procedures. The place of production 
must develop a manual approved by the NPPO of the exporting country and 
APHIS that guides the place of production's operation and that includes 
the following components:
    (i) Administrative procedures (including roles and responsibilities 
and training procedures);
    (ii) Pest management plan;
    (iii) Place of production internal audit procedures;
    (iv) Management of noncompliant product or procedures;
    (v) Traceability procedures; and
    (vi) Recordkeeping systems.
    (6) Records. A place of production must maintain records on its 
premises as specified by APHIS and the NPPO of the exporting country. 
These records must be made available to APHIS and the NPPO of the 
exporting country upon request. These documents include all the 
elements described in this paragraph (a) and copies of all internal and 
external audit documents and reports.
    (b) Responsibilities of APHIS and the NPPO of the exporting 
country. APHIS and the NPPO of the exporting country are responsible 
for collaborating to establish program requirements, including 
workplans and compliance agreements as necessary, for recognizing and 
implementing particular import programs. Technically justified 
modifications to the program may be negotiated. The administration of 
program requirements must include such elements as clarification of 
terminology, testing and retesting requirements, eligibility, the 
nomenclature of certification levels, horticultural management, 
isolation and sanitation requirements, inspection, documentation, 
identification and labeling, quality assurance, noncompliance and 
remedial measures, and postentry quarantine requirements. The criteria 
for approving, suspending, removing, and reinstating approval for a 
particular program should be jointly developed and agreed upon by APHIS 
and the NPPO of the exporting country. Information should be exchanged 
between APHIS and the NPPO of the exporting country through officially 
designated contact points.
    (c) Responsibilities of the NPPO of the exporting country. (1) The 
NPPO of the exporting country must provide sufficient information to 
APHIS to support the evaluation and acceptance of export programs. This 
may include:
    (i) Specific identification of the commodity, place of production, 
and expected volume and frequency of consignments;
    (ii) Relevant production, harvest, packing, handling, and transport 
details;
    (iii) Pests associated with the plant including prevalence, 
distribution, and damage potential;
    (iv) Risk management measures proposed for a pest management 
program; and
    (v) Relevant efficacy data.
    (2) A phytosanitary certificate should be issued by the NPPO of the 
exporting country unless APHIS and the NPPO of the exporting country 
agree to use other documentation in accordance with Sec.  319.37-6(c).
    (3) Other responsibilities of the NPPO of the exporting country 
include:
    (i) Establishing and maintaining compliance agreements as 
necessary;
    (ii) Oversight and enforcement of program provisions;
    (iii) Arrangements for monitoring and audit; and
    (iv) Maintaining appropriate records.
    (d) Responsibilities of plant brokers trading in plants for 
planting for export. Persons trading in plants for planting intended 
for export without growing the plants (referred to as plant brokers) 
must be approved by the NPPO of the exporting country or its designee. 
The list of plant brokers must be provided to APHIS upon request. 
Approval may only be conferred by the NPPO or its designee after the 
participant demonstrates that it can meet the requirements of this 
paragraph. Approval must be withdrawn if the participant fails to meet 
the conditions at any time. Plant brokers must ensure the traceability 
of export consignments to an approved place of production or production 
site. Brokers must maintain the phytosanitary status of the plants in a 
manner equivalent to an approved place of production from purchase, 
storage, and transportation to the export destination. Plant brokers 
must document these processes for verifying status and maintaining 
traceability.
    (e) External audits. APHIS and the NPPO of the exporting country 
will agree to the requirements for external audits.
    (1) APHIS audits. APHIS will evaluate the integrated pest risk 
management measures of the NPPO of the exporting country before 
acceptance. This could consist of documentation review, site visits, 
and inspection and testing of plants produced under the system. 
Following approval, APHIS or its designee will monitor and periodically 
audit the system to ensure that it continues to meet the stated 
objectives. Audits will include inspection of imported plants for 
planting, site visits, and review of the integrated pest risk 
management measures and internal audit processes of the place of 
production and the NPPO of the exporting country.
    (2) Audits by the NPPO of the exporting country. The NPPO must 
arrange for audits of the exporting system. Audits may be conducted by 
the NPPO or its designee and may consist of inspection and testing of 
plants for planting and the documentation and management practices as 
they relate to the program. Audits should verify that:
    (i) The places of production in the program are free of quarantine 
pests;
    (ii) Program participants are complying with the specified 
standards;
    (iii) The integrated pest management measures continue to meet 
APHIS requirements; and
    (iv) Arrangements with designees are complied with.
    (f) Noncompliance. (1) The exporting NPPO must notify APHIS of 
noncompliance within the integrity of the system or noncompliance by a 
place of production that affects the phytosanitary integrity of the 
commodity. The requirements for notification will be determined between 
the NPPO of the exporting country and APHIS.
    (2) Regulatory responses to program failures will be based on 
existing bilateral agreements. Contingency plans may be established in 
advance to ensure that alternative measures are available in the event 
that all or part of a program fails. APHIS will specify the 
consequences of noncompliance to the NPPO of the exporting country. The 
NPPO must specify the consequences of noncompliance to the participants 
in the program. These may vary depending on the nature and severity of 
the infraction. In addition, remedial measures should be specified to 
enable a suspended or decertified place of production or plant broker 
to become eligible for reinstatement or recertification.

[[Page 24661]]

    (3) Places of production or plant brokers that do not meet the 
conditions of the program must be suspended. Plants for planting must 
not be exported from a place of production or a plant broker that has 
failed to meet the program requirements.
    (4) The effectiveness of remedial measures taken must be verified 
before reinstatement to the program by the exporting NPPO and, where 
appropriate, by APHIS.


Sec.  319.37-22  Trust fund agreements.

    If APHIS personnel need to be physically present in an exporting 
country or region to facilitate the exportation of plants for planting 
and APHIS services are to be funded by the NPPO of the exporting 
country or a private export group, then the NPPO or the private export 
group must enter into a trust fund agreement with APHIS that is in 
effect at the time APHIS' services are needed. Under the agreement, the 
NPPO of the exporting country or the private export group must pay in 
advance all estimated costs that APHIS expects to incur in providing 
inspection services in the exporting country. These costs will include 
administrative expenses incurred in conducting the services and all 
salaries (including overtime and the Federal share of employee 
benefits), travel expenses (including per diem expenses), and other 
incidental expenses incurred by the inspectors in performing services. 
The agreement must require the NPPO of the exporting country or region 
or a private export group to deposit a certified or cashier's check 
with APHIS for the amount of those costs, as estimated by APHIS. The 
agreement must further specify that, if the deposit is not sufficient 
to meet all costs incurred by APHIS, the NPPO of the exporting country 
or a private export group must deposit with APHIS, before the services 
will be completed, a certified or cashier's check for the amount of the 
remaining costs, as determined by APHIS. After a final audit at the 
conclusion of each shipping season, any overpayment of funds would be 
returned to the NPPO of the exporting country or region or a private 
export group, or held on account.


Sec.  319.37-23  Postentry quarantine.

    (a) Postentry quarantine. One specific restriction that may be 
placed upon the importation of a type of plants for planting in 
accordance with Sec.  319.37-20 is that it be grown in postentry 
quarantine. A list of taxa required to be imported into postentry 
quarantine may be found in the Plants for Planting Manual. Plants for 
planting grown in postentry quarantine must be grown under postentry 
quarantine conditions specified in paragraphs (c) and (d) of this 
section, and may be imported or offered for importation into the United 
States only:
    (1) If destined for a State that has completed a State postentry 
quarantine agreement with APHIS in accordance with paragraph (b) of 
this section;
    (2) If an importer postentry quarantine growing agreement has been 
completed and submitted to Plant Protection and Quarantine in 
accordance with paragraph (c) of this section. The agreement must be 
signed by the person (the importer) applying for a written permit for 
importation of the plants for planting in accordance with Sec.  319.37-
5; and,
    (3) If Plant Protection and Quarantine has determined that the 
completed postentry quarantine growing agreement fulfills the 
applicable requirements of this section and that services by State 
inspectors are available to monitor and enforce the postentry 
quarantine.
    (b) State postentry quarantine agreement. Plants for planting 
required to undergo postentry quarantine in accordance with Sec.  
319.37-20 may only be imported if destined for postentry quarantine 
growing in a State which has entered into a written agreement with the 
Animal and Plant Health Inspection Service, signed by the Administrator 
or his or her designee and by the State Plant Regulatory Official. In 
accordance with the laws of individual States, inspection and other 
postentry quarantine services provided by a State may be subject to 
charges imposed by the State. A list of States that have entered into a 
postentry quarantine agreement in accordance with this paragraph can be 
found in the Plants for Planting Manual.
    (c) Importer postentry quarantine growing agreements. Any plants 
for planting required to be grown under postentry quarantine 
conditions, as well as any increase therefrom, shall be grown in 
accordance with an importer postentry quarantine growing agreement 
signed by the person (the importer) applying for a written permit in 
accordance with Sec.  319.37-5 for importation of the plants for 
planting and submitted to Plant Protection and Quarantine. On each 
importer postentry quarantine growing agreement, the person shall also 
obtain the signature of the State Plant Regulatory Official for the 
State in which plants for planting covered by the agreement will be 
grown. The importer postentry quarantine growing agreement shall 
specify the kind, number, and origin of plants to be imported; the 
conditions specified in the Plants for Planting Manual under which the 
plants for planting will be grown, maintained, and labeled; and the 
reporting requirements in the case of abnormal or dead plants for 
planting. The agreement shall certify to APHIS and to the State in 
which the plants for planting are grown that the signer of the 
agreement will comply with the conditions of the agreement for the 
postentry quarantine growing period prescribed for the type of plants 
for planting in the Plants for Planting Manual.
    (d) Applications for permits. A completed importer postentry 
quarantine agreement shall accompany the application for a written 
permit for plants for planting required to be grown under postentry 
quarantine conditions. Importer postentry quarantine agreement forms 
are available without charge from the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, Permit Unit, 4700 
River Road Unit 136, Riverdale, MD 20737-1236 or on the Internet at 
http://www.aphis.usda.gov/permits/ppq_epermits.shtml.
    (e) Inspector-ordered disposal, movement, or safeguarding of plants 
for planting; costs and charges, civil and criminal liabilities--(1) 
Growing at unauthorized sites. If an inspector determines that any 
plants for planting subject to the postentry quarantine growing 
requirements of this section, or any increase therefrom, is being grown 
at an unauthorized site, the inspector may file an emergency action 
notification (PPQ form 523) with the owner of the plants for planting 
or the person who owns or is in possession of the site on which the 
plants for planting is being grown. The person named in the form 523 
must, within the time specified in form 523, sign a postentry 
quarantine growing agreement, destroy, ship to a point outside the 
United States, move to an authorized postentry quarantine site, and/or 
apply treatments or other safeguards to the plants for planting, the 
increase therefrom, or any portion of the plants for planting or the 
increase therefrom, as prescribed by an inspector to prevent the 
introduction of quarantine pests into the United States. In choosing 
which action to order and in setting the time limit for the action, the 
inspector shall consider the degree of pest risk presented by the 
quarantine pests associated with the type of plants for planting 
(including increase therefrom), the types of other host materials for 
the pest in or near the growing site, the climate and season at the 
site in relation to the pest's survival, and the availability of 
treatment facilities.

[[Page 24662]]

    (2) Growing at authorized sites. If an inspector determines that 
any plants for planting, or any increase therefrom, grown at a site 
specified in an authorized postentry quarantine growing agreement is 
being grown contrary to the provisions of this section, including in 
numbers greater than the number approved by the postentry quarantine 
growing agreement, or in a manner that otherwise presents a risk of 
introducing quarantine pests into the United States, the inspector 
shall issue an emergency action notification (PPQ form 523) to the 
person who signed the postentry quarantine growing agreement. That 
person shall be responsible for carrying out all actions specified in 
the emergency action notification. The emergency action notification 
may extend the time for which the plants for planting and the increase 
therefrom must be grown under the postentry quarantine conditions 
specified in the authorized postentry quarantine growing agreement, or 
may require that the person named in the notification must destroy, 
ship to a point outside the United States, or apply treatments or other 
safeguards to the plants for planting, the increase therefrom, or any 
portion of the plants for planting or the increase therefrom, within 
the time specified in the emergency action notification. In choosing 
which action to order and in setting the time limit for the action, the 
inspector shall consider the degree of pest risk presented by the 
quarantine pests associated with the type of plants for planting 
(including increase therefrom), the types of other host materials for 
the pest in or near the growing site, the climate and season at the 
site in relation to the pest's survival, and the availability of 
treatment facilities.
    (3) Costs and charges. All costs pursuant to any action ordered by 
an inspector in accordance with this section shall be borne by the 
person who signed the postentry quarantine growing agreement covering 
the site where the plants for planting were grown, or if no such 
agreement was signed, by the owner of the plants for planting at the 
growing site.


Sec.  319.40-2  [Amended]

0
8. In Sec.  319.40-2, paragraph (c) is amended by removing the words 
``Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant 
Products'' and adding the words ``Plants for Planting'' in their place.
0
9. Section 319.41 is amended as follows:
0
a. By redesignating paragraph (d) as paragraph (e).
0
b. By adding a new paragraph (d) to read as set forth below.


Sec.  319.41  Notice of quarantine.

* * * * *
    (d) The importation of plants (including any plant parts) of any of 
the taxa listed in paragraph (b) of this section that are for planting 
or capable of being planted is restricted under ``Subpart--Plants for 
Planting'' of this part.
* * * * *
0
10. Section 319.55 is amended as follows:
0
a. By revising paragraphs (a) and (b) to read as set forth below.
0
b. By redesignating paragraph (d) as paragraph (e).
0
c. By adding a new paragraph (d) to read as set forth below.


Sec.  319.55  Notice of quarantine.

    (a) The fact has been determined by the Secretary of Agriculture, 
and notice is hereby given:
    (1) That injurious fungous diseases of rice, including downy, 
mildew (Sclerospora macrospora), leaf smut (Entyloma oryzae), blight 
(Oospora oryzetorum), and glume blotch (Melanomma glumarum), as well as 
dangerous insect pests, new to and not heretofore widely prevalent or 
distributed within and throughout the United States, exist, as to one 
or more of such diseases and pests, in Europe, Asia, Africa, Central 
America, South America, and other foreign countries and localities, and 
may be introduced into this country through importations of rice straw 
and rice hulls; and
    (2) That the unrestricted importation of rice straw and rice hulls 
may result in the entry into the United States of the injurious plant 
diseases heretofore enumerated, as well as insect pests.
    (b) To prevent the introduction into the United States of the plant 
pests and diseases indicated above, the Secretary has determined that 
it is necessary to restrict the importation of rice straw and rice 
hulls from all foreign locations, except as otherwise provided in this 
subpart.
* * * * *
    (d) The importation of seed or paddy rice is restricted under 
``Subpart--Plants for Planting'' of this part.
* * * * *


Sec.  319.55-2  [Amended]

0
11. Section 319.55-2 is amended as follows:
0
a. In paragraph (a), by removing the words ``seed or paddy rice from 
Mexico or'' and the words ``from any country,''.
0
b. In paragraph (c), by removing the word ``mader'' and adding the word 
``made'' in its place.


Sec.  319.55-3  [Amended]

0
12. Section 319.55-3 is amended as follows:
0
a. By removing paragraph (a) and redesignating paragraphs (b), (c), and 
(d) as paragraphs (a), (b), and (c), respectively.
0
b. In newly redesignated paragraph (a), by removing the words ``from 
all foreign countries''.
0
c. In newly redesignated paragraph (b), by removing the words ``seed or 
paddy rice,'' and by removing the comma after the word ``straw''.


Sec.  319.55-6  [Amended]

0
13. Section 319.55-6 is amended as follows:
0
a. By removing and reserving paragraph (a).
0
b. By redesignating paragraphs (c)(1) and (c)(2) as paragraphs (b)(3) 
and (b)(4).
0
c. By removing the designation and heading of paragraph (c).


Sec.  319.55-7  [Amended]

0
14. Section 319.55-7 is amended by removing the words ``seed and paddy 
rice from Mexico, and of'' and the words ``from all foreign countries 
and localities,''.


Sec.  319.59-1  [Amended]

0
15. In Sec.  319.59-1, the definition of grain is amended by adding the 
words ``and not for planting'' before the period.
0
16. Section 319.59-2 is amended as follows:
0
a. By removing and reserving paragraph (a).
0
b. In paragraph (b), by removing the words ``Triticum spp. plants, 
articles'' and adding the word ``Articles'' in their place.
0
c. By adding a new paragraph (c) to read as set forth below.


Sec.  319.59-2  General import prohibitions; exceptions.

* * * * *
    (c) The importation of any host crops (including seed and any other 
plant parts) that are for planting or capable of being planted is 
restricted under ``Subpart--Plants for Planting'' of this part.
0
17. Section 319.59-3 is amended by revising paragraph (a) to read as 
follows:


Sec.  319.59-3  Articles prohibited importation pending risk 
evaluation.

* * * * *
    (a) The following articles of Triticum spp. (wheat) or of Aegilops 
spp. (barb goatgrass, goatgrass): Straw (other than straw, with or 
without heads, which has

[[Page 24663]]

been processed or manufactured for use indoors, such as for decorative 
purposes or for use in toys); chaff; and products of the milling 
process (i.e., bran, shorts, thistle sharps, and pollards) other than 
flour.
* * * * *


Sec.  319.59-4  [Amended]

0
18. In Sec.  319.59-4, paragraph (a)(2) is amended by removing the word 
``seed,''.


Sec.  319.73-1  [Amended]

0
19. In Sec.  319.73-1, the definition of unroasted coffee is amended by 
adding the words ``intended for processing'' before the period.
0
20. Section 319.73-2 is amended by revising paragraphs (a)(2) and (b) 
to read as follows:


Sec.  319.73-2  Products prohibited importation.

    (a) * * *
    (2) Coffee leaves; and
* * * * *
    (b) The importation of any coffee plants (including bare seeds, 
seeds in pulp, and any other plant parts) that are for planting or 
capable of being planted is restricted under ``Subpart--Plants for 
Planting'' of this part.


Sec.  319.74-1  [Amended]

0
21. In Sec.  319.74-1, the definition of cut flower is amended by 
adding the words ``and not for planting'' after the word ``state''.


Sec.  319.75-1  [Amended]

0
22. Section 319.75-1 is amended by removing the definition of nursery 
stock.
0
23. Section 319.75-2 is amended by revising footnote 1 to read as set 
forth below.


Sec.  319.75-2  Restricted articles.\1\

* * * * *
    \1\ The importation of restricted articles may be subject to 
prohibitions or restrictions under other provisions of 7 CFR part 
319. For example, fresh whole chilies (Capsicum spp.) and fresh 
whole red peppers (Capsicum spp.) from Pakistan are prohibited from 
being imported into the United States under the provisions of 
Subpart--Fruits and Vegetables of this part, and the importation of 
any restricted articles that are for planting or capable of being 
planted is restricted under Subpart--Plants for Planting of this 
part.


Sec.  319.75-9  [Amended]

0
24. In Sec.  319.75-9, paragraphs (a), (b), and (c) are amended by 
removing the words ``nursery stock, plant,'' and the words ``root, 
bulb,'' each time they occur.


Sec.  319.77-2  [Amended]

0
25. Section 319.77-2 is amended as follows:
0
a. In the introductory text of the section, by removing the words 
``through (g)'' and adding the words ``through (e)'' in their place.
0
b. By removing paragraphs (b) and (c) and redesignating paragraphs (d) 
through (h) as (b) through (f), respectively.
0
26. Section 319.77-4 is amended as follows:
0
a. By revising footnote 1 to read as set forth below.
0
b. In paragraphs (a)(1) and (a)(2), by removing the words ``, trees 
with roots, and shrubs with roots and persistent woody stems'' each 
time they occur.
0
c. In paragraphs (a)(2)(i) and (a)(2)(ii), by removing the words ``or 
shrubs'' each time they occur.


Sec.  319.77-4  Conditions for the importation of regulated articles.

    (a) * * *\1\
* * * * *
    \1\ Trees and shrubs from Canada may be subject to additional 
restrictions under ``Subpart--Logs, Lumber, and Other Unmanufactured 
Wood Articles'' (Sec. Sec. 319.40-1 through 310.40-11 of this part).

PART 340--INTRODUCTION OF ORGANISMS AND PRODUCTS ALTERED OR 
PRODUCED THROUGH GENETIC ENGINEERING WHICH ARE PLANT PESTS OR WHICH 
THERE IS REASON TO BELIEVE ARE PLANT PESTS

0
27. The authority citation for part 340 continues to read as follows:

    Authority:  7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7 
CFR 2.22, 2.80, and 371.3.


Sec.  340.0  [Amended]

0
28. In Sec.  340.0, footnote 1 is amended as follows:
0
a. By removing the words ``Nursery Stock, Plants, Roots, Bulbs, Seeds, 
and Other Plant Products'' and adding the words ``Plants for Planting'' 
in their place.
0
b. By removing the words ``nursery stock'' both times they appear and 
adding the words ``plants for planting'' in their place.
0
c. By removing the words ``stock is'' and adding the words ``plants 
are'' in their place.

    Done in Washington, DC, this 18th day of April 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-09737 Filed 4-24-13; 8:45 am]
BILLING CODE 3410-34-P