[Federal Register Volume 59, Number 41 (Wednesday, March 2, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4725]
Federal Register / Vol. 59, No. 41 / Wednesday, March 2, 1994 /
[[Page Unknown]]
[Federal Register: March 2, 1994]
VOL. 59, NO. 41
Wednesday, March 2, 1994
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 319 and 321
[Docket No. 93-021-3]
RIN 0579-AA60
Importation of Potatoes From Canada
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are removing the foreign quarantine notices and the
regulations concerning the importation of potato plants and tubers from
Canada that were established to prevent the introduction of the
necrotic strain of potato virus Y (PVYn) into the United States.
The United States and Canada have agreed upon a PVYn management
plan that relies on seed potato testing and certification. It is our
judgment that implementation of the Canada/United States PVYn
Management Plan will protect U.S agriculture from potential risks
imposed by PVYn, and that Federal regulations that apply to
potatoes from Canada with respect to PVYn are no longer necessary.
This final rule relieves unnecessary and burdensome restrictions on the
importation of potatoes from Canada.
EFFECTIVE DATE: March 2, 1994.
FOR FURTHER INFORMATION CONTACT: Mr. James Petit de Mange, Operations
Officer, Port Operations Staff, Plant Protection and Quarantine, APHIS,
USDA, room 632, Federal Building, 6505 Belcrest Road, Hyattsville, MD
20782, (301) 436-8645.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR 319.37, ``Subpart--Nursery Stock, Plants,
Roots, Bulbs, Seeds, and Other Plant Products'' (referred to below as
the nursery stock regulations) govern the importation of living plants,
plant parts, and seeds for or capable of propagation, and related
articles.
The regulations in 7 CFR part 321 (referred to below as the
regulations) restrict the importation of potatoes from foreign
countries to prevent the introduction into the United States of
injurious potato diseases and insect pests.
On December 20, 1993, we published in the Federal Register (58 FR
66305-66307, Docket No. 93-021-2) a proposal to amend the regulations
by removing the foreign quarantine notices and the regulations
concerning the importation of potato plants and tubers from Canada that
were established to prevent the introduction of the necrotic strain of
potato virus Y (PVYn) into the United States. We explained in the
proposal that protection against PVYn would be provided through
the implementation of the Canada/United States PVYn Management
Plan (referred to below as the management plan), which relies on seed
potato testing and certification as an alternative to the current
quarantine notices and regulations involving the importation of
potatoes from Canada.
We solicited comments concerning our proposal for a 30-day comment
period ending January 19, 1994. We received 7 comments by that date.
They were from a farmers exchange, tobacco cooperative, and
representatives of State and foreign governments. All responses fully
supported the management plan and removing the current quarantine
notices and regulations. Commenters stated they feel the provisions of
the management plan are sufficient to protect the seed potato and
tobacco industries from infection with PVYn and will not be
burdensome to U.S. producers. In addition, they requested that the
change be made effective as quickly as possible now that the shipping
season for potatoes from Canada is in progress. This will avoid the
unnecessary burden of the need for import permits and phytosanitary
certificates.
Therefore, based on the rationale set forth in the proposed rule,
we are adopting the provisions of the proposal as a final rule.
This final rule does not affect other restrictions on the
importation into the United States of potatoes grown in Canada.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register. Immediate
implementation of this rule is necessary to provide relief to those
persons who are adversely affected by restrictions we no longer find
warranted. The shipping season for potatoes from Canada is in progress.
Making this rule effective immediately will allow interested producers
and others in the marketing chain to benefit during this year's
shipping season. Therefore, the Administrator of the Animal and Plant
Health Inspection Service has determined that this rule should be
effective upon publication in the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been reviewed under Executive Order 12866.
Canadian imports of potatoes to the United States vary from year to
year depending upon market conditions in both countries. Canadian
potato-producing provinces produced only approximately 8.5 percent as
many potatoes as were produced in the United States in 1992, prior to
the imposition of our March 2, 1993, interim rule, which relaxed
earlier restrictions by requiring certification of certain potatoes
imported into the United States from Canada based on surveys performed
by Agriculture Canada. Canada is also a major export market for U.S.
potatoes.
U.S. imports of Canadian potatoes declined between 1990 and 1992.
This decline in imports did not result in increased prices of these
products in the United States. Domestic prices are influenced more by
the volume of U.S. production. Statistics indicate that a slight
increase or decrease in imports would have very little or no effect on
domestic prices since the volume of imports is small compared to U.S.
production. In addition, potato demand and supply are not highly
responsive to price changes.
Although the effects would be minimal, the entities that may be
most affected by this rule include U.S. potato producers, importers,
and processing plants. Although it is not possible to determine the
total number of entities within these categories which can be
classified as small entities, over 64 percent of all potato growers and
94 percent of U.S. fruit and vegetable processing firms could be
considered small by Small Business Administration guidelines. The
negative impact on U.S. producers due to increased imports is likely to
be small since U.S. prices are more influenced by domestic production
and market conditions than by imports. Any negative impact is likely to
be offset by a positive impact upon importers, exporters, potato
processing firms, and consumers. The increased availability of Canadian
potatoes will benefit potato farmers, shippers, importers, wholesalers,
and retailers as well as potato processing firms. Consumers will be
positively affected by slightly lowered prices.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This rule allows potatoes to be imported into the United States
from Canada. State and local laws and regulations regarding potatoes
imported under this rule will be preempted while the vegetable is in
foreign commerce. Fresh potatoes are generally imported for immediate
distribution and sale to the consuming public, and will remain in
foreign commerce until sold to the ultimate consumer. The question of
when foreign commerce ceases in other cases must be addressed on a
case-by-case basis. No retroactive effect will be given to this rule;
and this rule will not require administrative proceedings before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501
et seq.).
List of Subjects
7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
7 CFR Part 321
Imports, Plant diseases and pests, Potatoes, Quarantine, Reporting
and recordkeeping requirements.
Accordingly, 7 CFR parts 319 and 321 are amended as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 continues to read as
follows:
Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450; 21 U.S.C.
136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).
2. In Sec. 319.37-2, paragraph (a), the table, the first entry for
``Solanum spp.'' is revised to read as follows:
Sec. 319.37-2 Prohibited articles.
(a) * * *
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Tree, plant, or fruit disease, or
injurious insect, or other plant
Prohibited article (except seeds Foreign country(ies) or pest determined as existing in the
unless specifically mentioned) locality(ies) from which prohibited places named and capable of being
transported with the prohibited
article
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* * * * * * *
Solanum spp. (potato) (tuber bearing All except Canada.
species only--Section Tuberarium)
(excluding potato tubers which are
subject to 7 CFR part 321).
* * * * * * *
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PART 321--RESTRICTED ENTRY ORDERS
3. The authority citation for part 321 is revised to read as
follows:
Authority: 7 U.S.C. 136, 136a, 154, 159, and 162; 44 U.S.C. 35;
7 CFR 2.17, 2.51, and 371.2(c).
Sec. 321.2 [Amended]
4. Section 321.2 is revised by removing the definitions for
Processing potato, Seed lot, Seed potato, Sibling potatoes, and Table
stock.
5. The section heading for Sec. 321.8 is revised to read
``Sec. 321.8 Importation of potatoes from Bermuda.''
6. Section 321.9 is revised to read as follows:
Sec. 321.9 Importation of potatoes from Canada.
Potatoes grown in Canada may be imported from Canada into the
United States free of restrictions, except that potatoes grown in
Newfoundland and the Land District of South Saanich on Vancouver Island
of British Columbia may not be imported.
Done in Washington, DC, this 23rd day of February 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-4725 Filed 3-1-94; 8:45 am]
BILLING CODE 3410-34-P