[Federal Register Volume 59, Number 167 (Tuesday, August 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21348]


[[Page Unknown]]

[Federal Register: August 30, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF AGRICULTURE
7 CFR Part 319

[Docket No. 93-147-1]

 

Importation of Strawberries, Currants, and Palms

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are prohibiting the importation of strawberry plants from 
all foreign countries except Canada and Israel and prohibiting the 
import of currant plants from New Zealand. These actions are necessary 
to prevent the introduction of exotic strawberry and currant plant 
diseases into the United States. We are also prohibiting the 
importation into the United States of an additional species of the 
genus Howea (sentry palms), except from Lord Howe Island, New South 
Wales, Australia. This action is necessary to prevent the introduction 
into the United States of exotic palm pests which can afflict both 
species of Howea.

DATES: Interim rule effective August 30, 1994. Consideration will be 
given only to comments received on or before October 31, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your comments refer to Docket No. 93-147-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Peter Grosser or Mr. Frank E. 
Cooper, Senior Operations Officers, Port Operations, Plant Protection 
and Quarantine, APHIS, USDA, room 635, Federal Building, 6505 Belcrest 
Road, Hyattsville, MD 20782, (301) 436-8295.

SUPPLEMENTARY INFORMATION:

Background

    The Plant Quarantine Act (7 U.S.C. 151 et seq.) and the Federal 
Plant Pest Act (7 U.S.C. 150aa et seq.) authorize the Animal and Plant 
Health Inspection Service (APHIS) to prohibit or restrict the 
importation into the United States of any plants, roots, bulbs, seeds, 
or other plant products in order to prevent the introduction of plant 
pests into the United States.
    Regulations promulgated under this authority, among others, include 
7 CFR 319.37 through 319.37-14, ``Subpart--Nursery Stock, Plants, 
Roots, Bulbs, Seeds, and Other Plant Products'' (the regulations). 
These regulations govern the importation of living plants, plant parts, 
and seeds for or capable of propagation, and related articles. Other 
sections of 7 CFR 319 deal with articles such as cut flowers, or fruits 
and vegetables intended for consumption.
    The regulations restrict or prohibit the importation of most 
nursery stock, plants, roots, bulbs, seeds, and other plant products. 
These articles are classified as either ``prohibited articles'' or 
``restricted articles.''
    A prohibited article is an article that the Deputy Administrator 
for Plant Protection and Quarantine (PPQ), APHIS, has determined cannot 
feasibly be inspected, treated, or handled to prevent it from 
introducing plant pests new to or not widely prevalent or distributed 
within and throughout the United States. Prohibited articles may not be 
imported into the United States, unless imported by the United States 
Department of Agriculture (USDA) for experimental or scientific 
purposes under specified safeguards.
    A restricted article is an article that the Deputy Administrator 
for PPQ has determined can be inspected, treated, or handled to 
essentially eliminate the risk of its spreading plant pests if imported 
into the United States. Restricted articles may be imported into the 
United States if they are imported in compliance with restrictions that 
may include permit and phytosanitary certificate requirements, 
inspection, treatment, or postentry quarantine.
    Before the effective date of this rule, under Sec. 319.37-2 of the 
regulations, we prohibited the importation into the United States of 
strawberry plants (Fragaria spp.) from Australia, Austria, 
Czechoslovakia, France, Great Britain, Italy, Japan, Lebanon, The 
Netherlands, New Zealand, Northern Ireland, Republic of Ireland, 
Switzerland, and the countries formed from the former Union of Soviet 
Socialist Republics. Also, under the regulations, we allowed strawberry 
plants from countries other than those listed above to be imported into 
the United States as restricted articles.
    This rule prohibits the importation into the United States of 
strawberry plants from any country other than Canada or Israel. This 
action is intended to prevent the introduction into the United States 
of exotic strains of a fungal pathogen, red stele disease, now 
widespread internationally. Red stele disease attacks strawberry plant 
roots, reducing fruit production and in some cases killing the plant. 
While some strains of red stele disease already occur in the United 
States, APHIS needs to prevent the introduction into the United States 
of exotic, and possibly more virulent, strains of the disease.
    Also, we are requiring that phytosanitary certificates of 
inspection accompanying Fragaria spp. from Israel contain an additional 
declaration that the strawberries were found by the plant protection 
service of Israel to be free of red stele disease pathogen as well as 
any other damaging strawberry pathogens, based on visual inspection and 
indexing of the parent stock.
    This rule also prohibits the importation into the United States of 
currant plants (Ribes spp.) from New Zealand. Before the effective date 
of this rule, the importation of currant plants was prohibited from 
Europe under Sec. 319.37-2, but currant plants could be imported from 
other countries as restricted articles. This action is intended to 
prevent the introduction into the United States of an exotic currant 
disease, black currant reversion agent, which has recently spread to 
New Zealand. Black currant reversion agent, a viral pathogen spread by 
an insect vector, can significantly reduce fruit production.
    Finally, this rule prohibits the importation of an additional 
species of the sentry palm (Howea spp.), except as a restricted article 
from Lord Howe Island, New South Wales, Australia. Currently, the 
import of Howea belmoreana from all countries is prohibited. However, 
import of the other species of the genus, Howea forsterana, is not 
prohibited. Because pathogens attack most species within a genus, we 
believe extending the import prohibition to both species of Howea is 
necessary.
    We are allowing importation of both species of Howea from Lord Howe 
Island as restricted articles, however, because our review of the 
scientific literature did not reveal any indication of the presence of 
the lethal yellowing pathogen, the cadang-cadang pathogen, or any other 
damaging palm pests on Lord Howe Island. Additionally, New South Wales 
prohibits the importation of all palms and palm products onto the Lord 
Howe Island from all sources. We are requiring that phytosanitary 
certificates of inspection accompanying Howea spp. from Lord Howe 
Island contain both a declaration of origin (must be Lord Howe Island) 
and a declaration that the Howea were found by the plant protection 
service of New South Wales to be free of the lethal yellowing pathogen 
and the cadang-cadang pathogen, as well as any other damaging palm 
pathogens, based on visual inspection.

Miscellaneous

    We are also changing in Sec. 319.37-2 the spelling of the genus 
name of the sentry palm from Howeia to Howea. Howea is the more common 
spelling.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that there is good cause for publishing this interim 
rule without prior opportunity for public comment. Immediate action is 
necessary to prevent the introduction into the United States of exotic 
diseases affecting strawberries, currants, and sentry palms.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make it 
effective upon publication in the Federal Register. We will consider 
comments that are received within 60 days of publication of this rule 
in the Federal Register. After the comment period closes, we will 
publish another document in the Federal Register. It will include a 
discussion of any comments we receive and any amendments we are making 
to the rule as a result of the comments.

Executive Order 12866 and Regulatory Flexibility Act

    This interim rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for purposes of 
Executive Order 12866, and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This interim rule prohibits the import of strawberry plants from 
all foreign countries except Canada and Israel and prohibits the import 
of currant plants from New Zealand. Also, it prohibits the import into 
the United States of an additional species of the genus Howea (sentry 
palm), except from Lord Howe Island, New South Wales.
    Currently, strawberry plants are imported into the United States 
only from Canada and Israel and only by one importer. Furthermore, this 
importer is not a small entity by Small Business Administration 
standards (having 100 or fewer employees). Therefore, prohibiting the 
import of strawberry plants from all foreign countries except Canada 
and Israel would not have a significant economic impact on small 
entities.
    No currant plants are now imported into the United States from New 
Zealand. Prohibiting their import from New Zealand thus will not have a 
significant economic impact on small entities.
    Finally, we were not able to obtain any information on the domestic 
production or import of either species of Howea; we believe this is 
because Howea is neither produced domestically nor imported on a large 
scale. We anticipate, therefore, that prohibiting the import into the 
United States of both species of Howea from everywhere except Lord Howe 
Island, New South Wales, Australia, will not have a significant 
economic impact on 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

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB), and there are no new requirements. The assigned OMB 
control number is 0579-0049.

List of Subjects in 7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by 
reference, Nursery Stock, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Rice, Vegetables.

    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. In the table in Sec. 319.37-2, paragraph (a) is amended by 
revising the entries listed for Fragaria spp. (strawberry), Howea 
belmoreana (sentry palm), and Ribes spp. (currant, gooseberry) as 
follows:


Sec. 319.37-2   Prohibited articles.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                        Plant pests existing in 
                                                                                         the places named and   
 Prohibited article (includes seeds only      Foreign places from which prohibited         capable of being     
        if specifically mentioned)                                                       transported with the   
                                                                                          prohibited article    
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
Fragaria spp. (strawberry) not meeting     All except Canada........................  ***                       
 the conditions for importation in Sec.                                                                         
 319.37-5(h).                                                                                                   
                                                                                                                
                                                                                                                
                                                  * * * * * * *                                                 
Howea supp. (sentry palm) not meeting the  ***......................................  ***                       
 conditions in Sec. 319.37-5(n).                                                                                
                                                                                                                
                                                                                                                
                                                  * * * * * * *                                                 
Ribes supp. ***..........................  Europe and New Zealand...................  ***                       
                                                                                                                
                                                                                                                
                                                  * * * * * * *                                                 
----------------------------------------------------------------------------------------------------------------

    3. In Sec. 319.37-5, paragraph (h) is revised and a new paragraph 
(n) is added to read as follows:


Sec. 319.37-5   Special foreign inspection and certification 
requirements.

* * * * *
    (h) Any restricted article of Fragaria spp. (strawberry) from 
Israel is prohibited as specified in Sec. 319.37-2(a) unless at the 
time of arrival at the port of first arrival in the United States the 
phytosanitary certificate accompanying the article of Fragaria spp. 
contains an additional declaration that stipulates that the parent 
stock was found free of red stele disease pathogen as well as any other 
damaging strawberry pathogens, based on visual inspection and indexing.
* * * * *
    (n) Any restricted article of Howea spp. (sentry palm) from Lord 
Howe Island, New South Wales, Australia, is prohibited as specified in 
Sec. 319.37-2(a) unless at the time of arrival at the port of first 
arrival in the United States the phytosanitary certificate accompanying 
the article of Howea spp. contains both a declaration of origin (must 
be Lord Howe Island) and a declaration stipulating that the Howea is 
free of the lethal yellowing pathogen and the cadang-cadang pathogen, 
as well as any other damaging palm pathogens, based on visual 
inspection.

(Approved by the Office of Management and Budget under control 
number 0579-0049)

    Done in Washington, DC, this 24th day of August 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-21348 Filed 8-29-94; 8:45 am]
BILLING CODE 3410-34-P