[Federal Register Volume 59, Number 41 (Wednesday, March 2, 1994)] [Unknown Section] [Page 0] 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 ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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) * * * ---------------------------------------------------------------------------------------------------------------- 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 ---------------------------------------------------------------------------------------------------------------- * * * * * * * Solanum spp. (potato) (tuber bearing All except Canada. species only--Section Tuberarium) (excluding potato tubers which are subject to 7 CFR part 321). * * * * * * * ---------------------------------------------------------------------------------------------------------------- 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