[Federal Register Volume 61, Number 251 (Monday, December 30, 1996)]
[Proposed Rules]
[Pages 68673-68674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33127]


 ========================================================================
 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.
 
 ========================================================================
 

  Federal Register / Vol. 61, No. 251 / Monday, December 30, 1996 / 
Proposed Rules  

[[Page 68673]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 96-083-1]


Importation of Cotton and Cotton Products

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: We are soliciting public comment on whether and how our 
regulations for importing cotton (including seed cotton, cottonseed, 
cotton lint and linters, cottonseed products, and cotton waste) and 
cotton covers into the United States need to be changed. In particular, 
we are seeking information, including technical data, concerning what 
mitigation measures are appropriate to ensure that cotton and cotton 
covers do not present a significant risk of introducing pink bollworm 
or other pests of cotton that either do not occur in the United States 
or are not widely distributed within the United States.

DATES: Consideration will be given only to comments received on or 
before March 31, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-083-1, 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. 96-083-1. 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. James Petit de Mange, Staff 
Officer, Import-Export Team, PPQ, APHIS, 4700 River Road Unit 140, 
Riverdale, MD 20737-1236, (301) 734-6799.

SUPPLEMENTARY INFORMATION:

Background

    The regulations for importing cotton (including seed cotton, 
cottonseed, cotton lint and linters, cottonseed products, and cotton 
waste) and cotton covers into the United States are contained in 7 CFR 
319.8 through 319.8-27 (referred to below as the regulations). The 
regulations are intended to prevent imported cotton and cotton covers 
from introducing into this country pests of cotton that either do not 
occur in the United States or are not widely distributed within the 
United States.
    We are reviewing the regulations, which have not been amended since 
1962, to determine whether and how they should be updated.
    Currently, Sec. 319.8 of the regulations lists the following as 
regulated articles:
    (1) Any parts or products of plants of the genus Gossypium, 
including seed cotton; cottonseed; cotton lint, linters, and other 
forms of cotton fiber (except yarn, thread, and cloth); cottonseed 
hulls, cake, meal, and other cottonseed products, except oil; waste; 
and any other unmanufactured parts of cotton plants; and
    (2) Second-hand burlap and other fabrics, shredded or otherwise, 
that have been used for, or are the kinds ordinarily used for, 
containing cotton, grains and grain products, field seeds, agricultural 
roots, rhizomes, tubers, or other underground crops.
    The regulations provide that regulated articles may not be imported 
or offered for entry into the United States, except as permitted by the 
regulations.
    Under the regulations, cottonseed cake and cottonseed meal are 
eligible for entry if, upon inspection on arrival, the cottonseed cake 
or cottonseed meal is found free from contamination. Cottonseed cake or 
meal is considered to be contaminated if it contains cottonseed, or 
seed cotton or other material that may carry the pink bollworm, the 
golden nematode of potatoes, flag smut disease, or other injurious 
plant diseases or insect pests. Lint, linters, and waste are also 
eligible for entry without further restriction if an inspector can 
determine that they have been so processed by bleaching, dyeing, or 
other means as to have removed all cottonseed and destroyed all insect 
life. Unprocessed lint, linters, and waste (whether uncompressed, 
compressed, or compressed to high density) are generally not eligible 
for entry unless they are vacuum fumigated, or consigned to an approved 
mill or plant for processing, after arrival in the United States. 
Cotton covers, including bags, slit bags, and parts of bags, in most 
cases also must be vacuum fumigated or consigned to an approved mill or 
plant for processing.
    There are special provisions in the regulations for cotton and 
cotton products imported into the United States from Mexico. Lint, 
linters, and waste from areas of Mexico not considered free of pink 
bollworm are eligible for entry if they are vacuum fumigated or 
consigned to an approved mill or plant for processing after arrival in 
the United States, or if they are moved into the generally infested 
pink bollworm regulated area of the United States. If moved into the 
generally infested pink bollworm regulated area of the United States, 
they are immediately subject to the regulations in 7 CFR 301.52 through 
301.52-10, which are intended to prevent the spread of pink bollworm 
within the United States. We do not currently recognize any areas of 
Mexico as being free of pink bollworm; however, the regulations also 
provide that, contingent upon the West Coast of Mexico and Northwest 
Mexico being free from infestations of the pink bollworm and other 
plant pests of concern, certain regulated articles from those areas are 
eligible for entry subject to inspection upon arrival to determine that 
they are free from hazardous plant pest conditions.
    Through this advance notice of proposed rulemaking, we are 
soliciting public comment on whether and how the regulations need to be 
changed. In particular, we are seeking information, including technical 
data, concerning what mitigation measures, or combinations of 
mitigation measures, are appropriate to ensure that imported cotton and 
cotton products do not present a significant risk of introducing into 
the United States pink bollworm or other pests of cotton that either do 
not occur in the United States or are not

[[Page 68674]]

widely distributed within the United States. For example:
     Should cotton lint, linters, and waste be eligible for 
entry without further restriction if compressed to a density of 22 lbs. 
or greater per cubic foot?
     Should lint, linters, and waste produced by a saw gin with 
saw lint cleaners be eligible for entry without further restriction?
     Should we consider mitigation measures other than 
fumigation and acid-delinting for imported cottonseed?
     Should we allow the commercial importation of seed cotton? 
Why or why not? And if we should, under what conditions?
     Should cotton products generated from various types of 
processing, such as cottonseed hulls, empty bolls for decorative 
purposes, cotton comber noils, cotton gin motes, etc., be regulated? If 
so, which products should we regulate, what pests should we be 
concerned about, and how could the risk be mitigated? If not, why not?
     Should cottonseed imported for consignment to an oil 
press, feed lot, or other processing at an approved mill or plant be 
required to undergo fumigation at the port of entry? Why or why not?
     Very few vacuum fumigation facilities exist in the United 
States. As a result, the Animal and Plant Health Inspection Service has 
allowed cotton to be fumigated at normal atmospheric pressure. Are 
there other alternatives to vacuum fumigation, including alternatives 
to fumigation, that we should consider? Should we allow fumigation to 
be conducted prior to arrival in the United States? Why or why not? And 
if we should, under what conditions?
     Should we place restrictions on which ports cotton may be 
offered for entry into the United States? If cotton is allowed to move 
between ports in the United States prior to treatment or processing, 
what safeguards should be employed during transit?
     Should we restrict the importation of used cotton-picking 
equipment and used ginning equipment? If so, why and how?
    We are interested in public comment on these questions and on any 
other issues related to the regulation of imported cotton, cotton 
products, and covers. We will use all the responses we receive to help 
us determine whether and how our regulations need to be changed.

    Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and 
2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).

    Done in Washington, DC, this 19th day of December 1996.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-33127 Filed 12-27-96; 8:45 am]
BILLING CODE 3410-34-P