[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)]
[Proposed Rules]
[Pages 51376-51377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25101]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 61, No. 192 / Wednesday, October 2, 1996 /
Proposed Rules
[[Page 51376]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 96-061-1]
Interstate Movements of Imported Plants and Plant Parts
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to establish a new domestic quarantine
notice. This domestic quarantine notice would provide that, subsequent
to their importation, plants and plant parts prohibited under foreign
quarantine notices from being imported into certain States or areas are
also prohibited from being moved interstate into those States or areas.
This action would strengthen our ability to enforce restrictions on the
movement in commerce of plants and plant parts that present a risk of
introducing foreign plant pests and diseases. In conjunction with this
action, we also propose to remove a domestic quarantine notice that
prohibits certain interstate movements of Unshu oranges subsequent to
their importation into the United States, because the proposed domestic
quarantine notice would make a specific one for Unshu oranges
unnecessary.
DATES: Consideration will be given only to comments received on or
before November 18, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 96-061-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 96-061-1. 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. Stephen Poe, Operations Officer, Domestic and Emergency Operations,
PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236, (301)
734-8899.
SUPPLEMENTARY INFORMATION:
Background
The Federal Plant Pest Act, as amended (7 U.S.C. 150aa-150jj), and
the Plant Quarantine Act of 1912, as amended (7 U.S.C. 151-165, and
167), were enacted to protect U.S. plant resources from exotic,
injurious plant pests and diseases. Pursuant to these statutes, the
Animal and Plant Health Inspection Service (APHIS) has promulgated the
regulations at title 7, parts 301 and 319, of the Code of Federal
Regulations (CFR). Part 301 contains domestic quarantine notices
designed to prevent the spread of certain plant pests and diseases
through the interstate movement of regulated articles. Part 319
contains foreign quarantine notices designed to prevent the
introduction of foreign plant pests and diseases through the
importation of regulated articles.
According to 7 U.S.C. 161, the Secretary of Agriculture is
authorized and directed to quarantine any portion of the United States
he deems necessary to prevent the spread of a dangerous plant disease
or insect infestation that is new to or not widely prevalent within the
United States. Further, 7 U.S.C. 161 prohibits the interstate movement
of any plants, plant parts, or other articles capable of carrying the
disease or insect pest from any quarantined portion of the United
States into or through any other part of the United States, except as
prescribed by the Secretary of Agriculture. Accordingly, we regulate
the importation and subsequent interstate movement of Unshu oranges
grown in Japan or on Cheju Island, Republic of Korea, to prevent the
introduction and spread of citrus canker disease into citrus-producing
areas of the United States. Under the foreign quarantine notice
``Subpart--Citrus Fruit,'' contained in 7 CFR 319.28, these Unshu
oranges may be imported under permit and under certain conditions into
any area of the United States except American Samoa, Arizona,
California, Florida, Louisiana, the Northern Mariana Islands, Puerto
Rico, Texas, and the Virgin Islands of the United States. The domestic
quarantine notice ``Subpart--Unshu Oranges,'' contained in 7 CFR
301.83, quarantines all areas of the United States except American
Samoa, Arizona, California, Florida, Louisiana, the Northern Mariana
Islands, Puerto Rico, Texas, and the Virgin Islands of the United
States, with respect to imported Unshu oranges, and prohibits the
subsequent interstate movement of imported Unshu oranges into or
through any area of the United States not so quarantined.
The purpose of ``Subpart--Unshu Oranges'' is to reinforce the
destination restrictions specified in ``Subpart--Citrus Fruit.''
``Subpart--Unshu Oranges'' is the only domestic quarantine notice that
plays such a direct companion role to a foreign quarantine notice. No
other domestic quarantine notice prohibits the subsequent movement of
an imported plant or plant part into or through certain portions of the
United States based on importation restrictions specified in a foreign
quarantine notice.
The foreign quarantine notices, however, prescribe destination
restrictions for many other plants or plant parts that, like Unshu
oranges, are eligible for importation into the United States but not
into specified States or areas. Like the importation restrictions on
Unshu oranges, these specific prohibitions by State or area were
established because the imported plants or plant parts would present an
unacceptable plant pest or disease risk if moved into those States or
areas. For example, under 7 CFR 319.56-2t, ginger root imported from
the Cook Islands is prohibited entry into Puerto Rico, the Virgin
Islands, and Guam to prevent possible establishment of the ginger
weevil in those areas. We allow ginger root from the Cook Islands to be
imported into the continental United States because the ginger weevil
is unlikely to become established in the continental United States, and
into Hawaii because the pest is already established there. The foreign
quarantine notice pertaining to the importation of ginger root from the
Cook Islands is intended to prevent such ginger root from ever entering
Puerto
[[Page 51377]]
Rico, the Virgin Islands, or Guam. However, no domestic quarantine
notice specifically prohibits the interstate movement of ginger root
imported from the Cook Islands into those areas.
We believe it would be helpful for part 301 of the regulations to
include a notice of a general domestic quarantine and prohibition on
interstate movement to cover all plants and plant parts, like ginger
root from the Cook Islands, that, according to a foreign quarantine
notice, may be imported only into specified areas of the United States.
Such a notice would serve two important purposes. First, it would
clarify and strengthen APHIS' ability to enforce destination
restrictions on imported plants and plant parts. Second, it would
assist the public by logically placing quarantine notices restricting
the interstate movement of imported plants and plant parts in the
domestic quarantine notices in part 301, instead of in the foreign
quarantine notices in part 319.
Accordingly, we are proposing to establish a new generic domestic
quarantine notice to restrict the interstate movement of imported
plants and plant parts that present a risk of introducing a foreign
plant pest or disease. This domestic quarantine notice would quarantine
all parts of the United States other than those listed in a foreign
quarantine notice as a prohibited area for the importation of a
specified type of plant or plant part (in other words, it would
quarantine those areas into which the plant or plant part may be
imported). Additionally, this domestic quarantine notice would prohibit
the subsequent interstate movement of such imported plants or plant
parts into or through areas of the United States not so quarantined. In
the case of ginger root from the Cook Islands, for example, this
proposed domestic quarantine notice would quarantine all areas of the
United States except for Puerto Rico, the Virgin Islands, and Guam, and
would prohibit the subsequent interstate movement of imported ginger
root from the Cook Islands into or through any nonquarantined area of
the United States (i.e., Puerto Rico, the Virgin Islands, and Guam).
This proposed domestic quarantine notice is intended to cover any
plants or plant parts currently in, or subsequently added to, part 319
that have destination restrictions.
In conjunction with the action just described, we propose to remove
the domestic quarantine notice, ``Subpart--Unshu Oranges,'' contained
in Sec. 301.83. As stated previously, that subpart serves to reinforce
the destination restrictions for imported Unshu oranges specified in
the foreign quarantine notice ``Subpart--Citrus Fruit.'' ``Subpart--
Unshu Oranges'' would no longer be necessary if we establish a new
domestic quarantine notice as described above because the generic
domestic quarantine would prohibit the interstate movement of Unshu
oranges grown in Japan or Cheju Island into any nonquarantined area.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
For this action, the Office of Management and Budget has waived its
review process required by Executive Order 12866.
We do not anticipate that this action would have a significant
economic impact on any small entities. Imported plants and plant parts,
including fruits and vegetables, that are prohibited from being
imported into specified States or areas under our foreign quarantine
notices are, under those same notices, prohibited from being
distributed in those States or areas. This action would clarify and
strengthen the agency's ability to enforce these restrictions.
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 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Paperwork Reduction Act
This action contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Regulatory Reform
This action is part of the President's Regulatory Reform
Initiative, which, among other things, directs agencies to remove
obsolete and unnecessary regulations and to find less burdensome ways
to achieve regulatory goals.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, 7 CFR part 301 would be amended as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for part 301 would continue to read as
follows:
Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and
164-167; 7 CFR 2.22, 2.80, and 371.2(c).
2. A new subpart Subpart--Imported Plants and Plant Parts, would be
added to read as follows:
Subpart--Imported Plants and Plant Parts
Sec. 301.10 Definitions.
Moved (move, movement). Shipped, offered to a common carrier for
shipment, received for transportation or transported by a common
carrier, or carried, transported, moved, or allowed to be moved.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or other legal entity.
State. Any State, territory, district, or possession of the United
States.
Sec. 301.11 Notice of quarantine; prohibition on the interstate
movement of certain imported plants and plant parts.
Whenever part 319 of this chapter allows the importation of a plant
or plant part into certain States or areas of the United States, but
prohibits the plant or plant part from being imported into, entered
into, or distributed within any other State or area of the United
States, the States or areas of the United States into which the plant
or plant part may be imported are quarantined with respect to that
plant or plant part. No person may move interstate any such plant or
plant part from any State or area quarantined with respect to that
plant or plant part into or through any State or area of the United
States not quarantined with respect to that plant or plant part.
Subpart--Unshu Oranges [Removed and Reserved]
3. Subpart--Unshu Oranges consisting of Sec. 301.83, would be
removed and reserved.
Done in Washington, DC, this 25th day of September 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-25101 Filed 10-1-96; 8:45 am]
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