[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