[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
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 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]
BILLING CODE 3410-34-P