[Federal Register Volume 59, Number 80 (Tuesday, April 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10028]


  Federal Register / Vol. 59, No. 80 / Tuesday, April 26, 1994 /
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[[Page Unknown]]

[Federal Register: April 26, 1994]


                                                    VOL. 59, NO. 80

                                            Tuesday, April 26, 1994

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 93-029-2]

 

Importation of Restricted Articles; Port Everglades, FL

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations concerning the importation of 
nursery stock, plants, roots, bulbs, seeds, and other plant products by 
allowing restricted articles that require a written permit to be 
imported into Port Everglades at Fort Lauderdale, FL, provided they are 
then moved by ground transportation and under U.S. Customs bond to the 
Miami, FL, plant inspection station. Because many U.S. importers use 
shipping companies that go into Port Everglades, FL, but not Miami, FL, 
these importers prefer to import restricted articles that require a 
written permit through the Port Everglades, FL, port of entry. However, 
Port Everglades, FL, does not have the necessary facilities to inspect 
and clear those restricted articles. This final rule will provide U.S. 
importers with another option for importing those restricted articles 
while protecting U.S. agriculture from significant risk of plant pests 
and diseases.

EFFECTIVE DATE: May 26, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. Don Thompson, Operations Officer, 
Port Operations, Plant Protection and Quarantine, APHIS, USDA, room 
638, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 
436-8295.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR part 319 prohibit or restrict the 
importation into the United States of certain plants and plant products 
to prevent the introduction of plant pests. Sections 319.37 through 
319.37-14 (referred to below as the regulations) contain restrictions 
on the importation into the United States of nursery stock, plants, 
roots, bulbs, seeds, and other plant products. Sections 319.37-2 and 
319.37-3 list prohibited and restricted articles.
    Section 319.37-14(b) of the regulations contains a list of the 
approved ports of entry through which restricted articles may be 
imported into the United States. Restricted articles that do not 
require a written permit may be imported through any of the approved 
ports of entry; restricted articles that do require a written permit, 
because of their greater plant pest and disease risk, may be imported 
only through ports equipped with special inspection and treatment 
facilities. Ports having these special facilities, known as plant 
inspection stations, are indicated on the list by an asterisk.
    On October 28, 1993, we published in the Federal Register (58 FR 
57969-57970, Docket No. 93-029-1) a proposal to amend the regulations 
by allowing restricted articles that require a written permit to be 
imported into Port Everglades at Fort Lauderdale, FL, provided they are 
then moved by ground transportation and under U.S. Customs bond to the 
Miami, FL, plant inspection station. We solicited comments concerning 
our proposal for a 60-day comment period ending December 27, 1993. We 
received one comment by that date. The comment was from the Florida 
State Department of Agriculture and Consumer Services. The comment was 
in favor of the proposal.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule, with 
minor nonsubstantive editorial changes for clarity.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been reviewed under Executive Order 12866.
    This final rule allows restricted articles that require a written 
permit, for example, nursery stock, to be offered for importation into 
the United States at the Port Everglades, FL, port of entry. Based upon 
requests from importers, we anticipate that about two to three 
containers of nursery stock per month could arrive at the Port 
Everglades, FL, port of entry, predominantly from Costa Rica and 
Guatemala.
    Now, about 40 to 50 companies import nursery stock into the United 
States. Thirty to 40 of these companies employ 100 or fewer people, 
making them small entities by the Small Business Administration's size 
criteria. Three of these small entities will most likely ship most of 
the nursery stock that could arrive at Port Everglades, FL.
    Based upon U.S. Department of Agriculture information, we estimate 
that this rule change could result in no more than five additional 
import companies shipping nursery stock to Port Everglades, FL. This 
estimate is based upon the assumption that most importers who now ship 
nursery stock directly to the Port of Miami will continue to do so 
because it is more feasible and cost effective. All of these companies 
are considered to be small entities.
    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 has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule:
    (1) Preempts all State and local laws and regulations that are 
inconsistent with this rule;
    (2) Has no retroactive effect; and
    (3) Does not require administrative proceedings before parties may 
file suit in court challenging this rule.

Paperwork Reduction Act

    This 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 in 7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements.

    Accordingly, 7 CFR part 319 is 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. The authority citation for ``Subpart--Nursery Stock, Plants, 
Roots, Bulbs, Seeds, and Other Plant Products'' is removed.


Sec. 319.37-14  [Amended]

    3. In Sec. 319.37-14, paragraph (b), under ``List of Ports of 
Entry'', the entry for Florida is amended by removing ``Port 
Everglades'' and the address underneath it, and by adding ``Amman 
Building, room 305, 611 Eisenhower Boulevard, P.O. Box 13033, Fort 
Lauderdale, FL 33316. (Note: Restricted articles required to be 
imported under a written permit pursuant to Sec. 319.37-3(a)(1) through 
(6) of this subpart must be moved by ground transportation and under 
U.S. Customs bond to the Miami Inspection Station.)'' as a third entry 
under ``*Miami''.


    Done in Washington, DC, this 20th day of April 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-10028 Filed 4-25-94; 8:45 am]
BILLING CODE 3410-34-P