[Federal Register Volume 59, Number 174 (Friday, September 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22158]
[[Page Unknown]]
[Federal Register: September 9, 1994]
VOL. 59, NO. 174
Friday, September 9, 1994
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 94-042-1]
True Potato Seed From Chile
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to allow, under certain conditions, the
importation of true potato seed from Chile. The true potato seed
proposed for importation from Chile would originate from certified
virus-free plantlets from the United States, be produced under the
supervision of Chilean plant protection authorities, and be tested for
seedborne viruses prior to being offered for entry into the United
States. Allowing the importation of true potato seed from Chile would
give potato producers in the United States another means of producing
disease-free tubers.
DATES: Consideration will be given only to comments received on or
before October 11, 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. 94-042-1. 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 M. Grosser or Mr. Frank E.
Cooper, Senior Operations Officers, Port Operations, Plant Protection
and Quarantine, APHIS, USDA, room 632, Federal Building, 6505 Belcrest
Road, Hyattsville, MD 20782, (301) 436-6799.
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. The regulations contained
in ``Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other
Plant Products,'' Secs. 319.37 through 319.37-14 (referred to below as
the regulations), restrict, among other things, the importation of
living plants, plant parts, and seeds for propagation.
One of the articles restricted in the regulations is Solanum
species (spp.) true seed, also known as true potato seed. ``Solanum
spp. true seed'' is defined in Sec. 319.37-1 as ``seed produced by
flowers of Solanum capable of germinating and producing new Solanum
plants, as distinguished from Solanum tubers, whole or cut, that are
referred to as Solanum seeds or seed potatoes.''
Currently, Sec. 319.37-2(a) of the regulations prohibits the
importation into the United States of Solanum spp. true seed from all
parts of the world except Canada and New Zealand. The prohibition is in
place due to the risk of introducing three seedborne viruses--Andean
Potato Latent Virus, Potato Virus T, and the Andean Potato Calico
Strain of Tobacco Ringspot Virus--into the United States. (True potato
seed may be imported from Canada and New Zealand because the viruses
are not reported to occur in those countries.)
The Chilean ministry of agriculture, the Servicio Agricola y
Ganadero (SAG), has informed the Animal and Plant Health Inspection
Service (APHIS) that, of the viruses of concern mentioned above, only
Andean Potato Latent Virus has been reported to occur in Chile, and
then only in limited areas of the country. One area of Chile where
Andean Potato Latent Virus is not reported to occur is the country's
Tenth (X) Region (that area of the country between 39 deg. and 44 deg.
South latitude). SAG has designated the entire X Region as a
quarantined area for potatoes and restricts the entry of potato seeds,
true seed, plants, and tubers into the quarantined area. Given the
apparent absence of seedborne viruses of Solanum spp. in the X Region,
SAG has requested that APHIS allow the importation into the United
States of true potato seed from the X Region of Chile.
Based on our review of the information provided by SAG and a review
of the scientific literature on the occurrence of seedborne potato
diseases, we are proposing to amend the regulations to allow, under
certain conditions, the importation of true potato seed from the X
Region of Chile.
We are proposing to require that Solanum spp. true seed imported
into the United States from Chile be produced using certified virus-
free Solanum spp. plantlets from the United States. Under the protocol
submitted by SAG, the Solanum plants that would produce the true potato
seed in Chile would be propagated from the virus-free Solanum spp.
plantlets imported into Chile from the United States. Although the
seedborne viruses discussed above are not reported to exist in the
United States, SAG's phytosanitary standards require that the Solanum
spp. plantlets be certified as virus-free before they may enter Chile.
We believe that this use of certified virus-free Solanum spp. plantlets
from the United States will provide a virus-free base for the
production of Solanum spp. true seed in Chile. Such a virus-free base,
when combined with the proposed sampling and testing requirements
discussed below, would minimize the likelihood that any seedborne
viruses would be introduced into the United States by Solanum spp. true
seed imported from Chile.
In order to confirm the virus-free status of the growing area and
the Solanum plants used to produce the true potato seed in Chile, we
would require that Solanum spp. tubers, plants, and seeds from each
field in which the Solanum plants that produce the true potato seed are
grown be sampled by SAG once per growing season at a rate to allow the
detection of 1 percent contamination with a 99 percent confidence
level. This works out to a sampling rate of approximately 17 tubers, 17
plants, and 17 true seeds per acre. SAG has indicated that the Solanum
plants used to produce the true potato seed would be cultivated in 30-
acre fields; thus, the sampling rate necessary to achieve the 99
percent confidence level in a 30-acre field would be 500 tubers, 500
plants, and 500 true seeds per 30-acre field. The samples would have to
be tested by SAG using the nitro-cellulose membrane (NCM) enzyme-linked
immunosorbent assay (ELISA) test, which is a serologic test capable of
detecting the presence of the viruses of concern. We would require that
the samples test negative for Andean Potato Latent Virus, Potato Virus
T, the Andean Potato Calico Strain of Tobacco Ringspot Virus, and
Arracacha Virus B.
Arracacha Virus B is not currently cited in Sec. 319.37-2(a) of the
regulations as being a plant pest of concern to Solanum spp. true seed,
as is the case with the first three viruses mentioned, but that virus
has been reported to exist in Bolivia and Peru. Because each of those
countries shares a border with Chile, we believe it is necessary to
screen the Solanum spp. tubers, plants, and true seed to ensure that
Arracacha Virus B--as well as Andean Potato Latent Virus, Potato Virus
T, and the Andean Potato Calico Strain of Tobacco Ringspot Virus--would
not be introduced into the United States. Because Arracacha Virus B has
been identified in the scientific literature and in this document as a
plant pest of potatoes and true potato seed, we also propose to add
Arracacha Virus B to the list of plant pests of concern in both the
``Solanum spp.'' entry and the ``Solanum spp. true seed'' entry in the
table of prohibited articles in Sec. 319.37-2(a).
We would require that true potato seed imported into the United
States from Chile be accompanied by a permit issued by APHIS. The
permit would help APHIS inspectors at the port of first arrival in the
United States ensure that the true potato seed originated in Chile. To
add this proposed permit requirement to the regulations, we would add a
new paragraph to Sec. 319.37-3(a), which lists the categories of
restricted articles that may be imported into the United States only
after a permit has been issued by APHIS.
In adding that new paragraph, we would also modify a potentially
misleading paragraph in the same section. Paragraph (a)(3) of
Sec. 319.37-3 currently reads ``Bulbs of Allium sativum spp. (garlic),
Crocosmia spp. (montebretia), Gladiolus spp. (gladiolus), and Watsonia
spp. (bugle lily); true seed of Solanum spp. (tuber bearing species
only--Section Tuberarium) from New Zealand.'' The ``from New Zealand''
qualification applies only to Solanum spp. true seed, but its placement
at the end of the paragraph could lead a reader to mistakenly assume
that the ``from New Zealand'' qualification also applies to the bulbs
listed in the same paragraph. Therefore, we would move the text
referring to Solanum spp. true seed from New Zealand out of
Sec. 319.37-3(a)(3) and combine it with the proposed new entry for
Solanum spp. true seed from Chile that we would add to Sec. 319.37-
3(a).
We would also require that true potato seed imported into the
United States from Chile be accompanied by a phytosanitary certificate
of inspection issued in Chile by SAG. The phytosanitary certificate of
inspection would have to confirm that SAG had visually inspected the
true seed for plant pests prior to its export, and provide written
verification that the conditions in our regulations regarding the
growing, sampling, and analysis of the true potato seed, Solanum
plants, and tubers have been met.
We believe that these multiple safeguards would be sufficient to
prevent the introduction of seedborne viruses into the United States on
true potato seed from Chile.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
This proposed rule would allow, under certain conditions, the
importation of true potato seed from Chile. The true potato seed
proposed for importation from Chile would originate from certified
virus-free plantlets from the United States, would be grown under the
supervision of Chilean plant protection authorities, and a sample of
the plants, tubers, and true potato seeds would be tested for seedborne
viruses prior to the true potato seed being offered for entry into the
United States. Allowing the importation of true potato seed from Chile
would give potato producers in the United States another means of
producing disease-free tubers.
The United States produced approximately 2,880 million pounds of
seed potatoes in 1992 (U.S. Department of Agriculture [USDA], Economic
Research Service). During that same period, the United States imported
approximately 128 million pounds of seed potatoes, which represents
about 4.4 percent of U.S. production. Because imports represent such a
small portion of the domestic seed potato supply, fluctuations in
import levels and prices would be expected to have no significant
effect on domestic seed potato prices.
For example, U.S. imports of seed potatoes declined by more than a
third between 1990 and 1992, dropping from 201 million pounds in 1990
to 128 million pounds in 1992. This decline in imports did not,
however, result in an increase in U.S. grower or retail prices for seed
potatoes. In fact, the price of imported seed potatoes also fell by
more than a third during that time, dropping from $11 per 100 pounds in
1990 to $7 per 100 pounds in 1992 (USDA, ``Agricultural Statistics
1992,'' Table 371, page 239). Based on the decline in both import
levels and price during the same 2-year period, it appears that
domestic seed potato prices are influenced more by the volume of U.S.
production.
The import levels and prices discussed above do not reflect any
imports of true potato seed from anywhere in the world, nor is there
any record of true potato seed being imported into the United States.
Our records indicate that true potato seed is a product that is not
currently commercially available in the United States. If true potato
seed is allowed to be imported into the United States from Chile, we
expect that it would take several years before true potato seed and its
products would be in a position to capture any significant market
share. Thus, its potential impact on price and competition in the
potato seed market remains uncertain.
We have identified domestic seed potato producers and seed potato
importers as the entities potentially affected by this proposed rule.
According to the Small Business Administration's criteria, an
agricultural producer is considered to be a small entity if it has
annual sales of less than $500,000; an importer is considered to be a
small entity if it employs fewer than 100 people. According to the U.S.
Department of Commerce's ``1987 Census of Agriculture,'' there were
about 14,732 farms that produced potatoes in the United States, and
about 96 percent of those farms reported sales of less than $100,000.
The exact percentage of those farms that produced only seed potatoes or
a combination of seed potatoes and table potatoes is not known, but it
is likely that the number is small, based on the total production of
seed potatoes versus table potatoes (2,880 million pounds vs. 42,500
million pounds, respectively).
Information regarding the total number of seed potato importers and
the percentage of those importers that would be considered small
entities was unavailable. It is unlikely, however, that allowing the
importation of true potato seed from Chile would have a significant
impact on seed potato import levels. The true potato seed imported from
Chile could be used by potato producers in the United States to produce
potatoes of a different variety than those potatoes currently grown in
the United States; the economic impact of the imported true potato seed
would thus be affected by consumer response to the new variety of
potatoes. If consumer response was favorable and true potato seed
imported from Chile became competitive with the seed potatoes currently
available in the United States, the price of seed potatoes could be
driven down. However, because U.S. seed potato prices are influenced
more by domestic production and market conditions than by imports, it
is likely that any economic impact on domestic seed potato producers
would be small. Any slight negative impact would likely be offset by
the positive impact on domestic potato producers, who would benefit
from lower seed potato prices, and consumers would benefit from any
resulting lower prices.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This proposed rule would allow true seed of
Solanum spp. to be imported into the United States from Chile. If this
proposed rule is adopted, State and local laws and regulations
regarding true seed imported under this rule would be preempted while
the true seed is in foreign commerce. Seeds are generally imported for
immediate distribution and sale to the public, and would 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. If this proposed rule is adopted, no retroactive
effect will be given to this rule, and this rule will not require
administrative proceedings before parties may file suit in court.
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 proposed 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 would be amended as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 would continue 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).
Sec. 319.37-2 [Amended]
2. In Sec. 319.37-2(a), in the table, the listing for Solanum spp.
would be amended in the third column by adding the words ``; Arracacha
Virus B'' at the end of the entry, immediately before the period.
3. In Sec. 319.37-2(a), in the table, the listing for Solanum spp.
true seed would be amended in the second column by removing the words
``Canada and New Zealand'' and adding the words ``Canada, New Zealand,
and the X Region of Chile (that area of Chile between 39 deg. and
44 deg. South latitude--see Sec. 319.37-5(h))'' in their place, and in
the third column by adding the words ``, Arracacha Virus B'' at the end
of the entry, immediately before the period.
4. In Sec. 319.37-3, paragraph (a)(3) would be amended by removing
the words ``true seed of Solanum spp. (tuber bearing species only--
Section Tuberarium) from New Zealand;'', and a new paragraph (a)(17)
would be added to read as set forth below:
Sec. 319.37-3 Permits.
(a) * * *
(17) Solanum spp. true seed (tuber bearing species only--Section
Tuberarium) from New Zealand and the X Region of Chile (that area of
Chile between 39 deg. and 44 deg. South latitude--see Sec. 319.37-
5(h)).
* * * * *
5. In Sec. 319.37-5, paragraph (h) would be added to read as
follows:
Sec. 319.37-5 Special foreign inspection and certification
requirements.
* * * * *
(h) Any Solanum spp. true seed (tuber bearing species only--Section
Tuberarium) imported from Chile shall, at the time of arrival at the
port of first arrival in the United States, be accompanied by a
phytosanitary certificate of inspection issued in Chile by the Servicio
Agricola y Ganadero (SAG), containing additional declarations that:
(i) The Solanum spp. true seed was produced by Solanum plants that
were propagated from plantlets from the United States;
(ii) The Solanum plants that produced the Solanum spp. true seed
were grown in the Tenth (X) Region of Chile (that area of the country
between 39 deg. and 44 deg. South latitude); and
(iii) Solanum spp. tubers, plants, and true seed from each field in
which the Solanum plants that produced the Solanum spp. true seed were
grown have been sampled by SAG once per growing season at a rate to
detect 1 percent contamination with a 99 percent confidence level (500
tubers/500 plants/500 true seeds for a 30-acre field), and that the
samples have been analyzed by SAG using the nitro-cellulose membrane
(NCM) enzyme-linked immunosorbent assay (ELISA) test, with negative
results, for Andean Potato Latent Virus, Arracacha Virus B, Potato
Virus T, and the Andean Potato Calico Strain of Tobacco Ringspot Virus.
* * * * *
Done in Washington, DC, this 1st day of September 1994.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-22158 Filed 9-8-94; 8:45 am]
BILLING CODE 3410-34-P