[Federal Register Volume 62, Number 176 (Thursday, September 11, 1997)]
[Proposed Rules]
[Pages 47770-47772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24129]


 ========================================================================
 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. 62, No. 176 / Thursday, September 11, 1997 / 
Proposed Rules  

[[Page 47770]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 96-082-1]


Bamboo

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to consolidate the regulations pertaining to 
the importation of bamboo, contained in ``Subpart--Bamboo Capable of 
Propagation,'' and the regulations pertaining to propagative material 
in general, contained in ``Subpart--Nursery Stock, Plants, Roots, 
Bulbs, Seeds, and Other Plant Products.'' This change would simplify 
and clarify our regulations. We are also proposing to amend the 
regulations in ``Subpart--Fruits and Vegetables'' to add provisions 
allowing fresh bamboo shoots without leaves or roots to be imported 
into the United States from various countries for consumption. This 
action is based on assessments that indicate that bamboo shoots without 
leaves or roots may be imported into the United States from certain 
countries without a significant risk of introducing plant pests.

DATES: Consideration will be given only to comments received on or 
before November 10, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-082-1, 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. 96-082-1. Comments 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, Phytosanitary Issues Management Team, PPQ, APHIS, 4700 River 
Road Unit 140, Riverdale, MD 20737-1231, telephone (301) 734-6799; or 
e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The regulations at 7 CFR part 319 prohibit or restrict the 
importation of plants, plant parts, and related materials to prevent 
the introduction of foreign plant pests into the United States.
    The importation into the United States of any variety of bamboo 
seed, bamboo plants, and bamboo cuttings capable of propagation, 
including all genera and species of the tribe Bambuseae, is regulated 
under ``Subpart--Bamboo Capable of Propagation,'' contained in 7 CFR 
319.34. Section 319.34, paragraph (a), provides that all varieties of 
bamboo seeds, bamboo plants, and bamboo cuttings capable of propagation 
are prohibited importation into the United States unless they are 
imported: (1) For experimental or scientific purposes by the United 
States Department of Agriculture; (2) for export, or for transportation 
and exportation in bond, in accordance with 7 CFR part 352; or (3) into 
Guam, in accordance with Sec. 319.37-4(b).
    ``Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other 
Plant Products'' (referred to below as ``Subpart--Nursery Stock''), 
contained in 7 CFR 319.37 through 319.37-14, regulates the importation 
into the United States of most other propagative plant material. 
Regulated articles are designated as either prohibited or restricted.
    We are proposing to consolidate ``Subpart--Bamboo Capable of 
Propagation'' and ``Subpart--Nursery Stock.'' We would do this by 
adding bamboo seed, bamboo plants, and bamboo cuttings, except those 
imported into Guam, to the list of prohibited articles in 
Sec. 319.37(a). In conjunction with this action, we would remove 
``Subpart--Bamboo Capable of Propagation'' and remove all references to 
Sec. 319.34 contained in part 319. These changes would not alter the 
requirements for importing these articles.
    Bamboo seeds, bamboo plants, and bamboo cuttings capable of 
propagation would continue to be eligible for importation into Guam. 
Bamboo seeds, bamboo plants, and bamboo cuttings capable of propagation 
and imported into Guam would be considered restricted articles, and 
their importation into Guam would be governed by the requirements in 
``Subpart--Nursery Stock'' for the importation of restricted articles. 
(The term restricted article is defined in Sec. 319.37-1 as any class 
of nursery stock or other class of plant, root, bulb, seed, or other 
plant product for, or capable of, propagation, excluding any prohibited 
articles listed in Sec. 319.37-2 (a) or (b) of ``Subpart--Nursery 
Stock,'' and excluding any articles regulated under other subparts of 
part 319, or under 7 CFR part 321.)
    The importation of bamboo seeds, bamboo plants, and bamboo cuttings 
for experimental or scientific purposes by the United States Department 
of Agriculture also would not be affected by this change. Section 
319.37-2(c) provides that any article listed as a prohibited article in 
Sec. 319.37(a) may be imported for experimental or scientific purposes 
by the Department of Agriculture.
    In addition, bamboo seeds, bamboo plants, and bamboo cuttings 
capable of propagation would continue to be eligible for movement 
through the United States for export, or for transportation and 
exportation in bond, in accordance with 7 CFR part 352. The regulations 
at 7 CFR 352, ``Plant Quarantine Safeguard Regulations,'' allow plants 
and plant parts that are not eligible for entry into the United States 
to move through the United States for export to other countries under 
safeguards intended to prevent the introduction of plant pests.
    We are also proposing to amend ``Subpart--Fruits and Vegetables,'' 
contained in Secs. 319.56 through 319.56-8, to add provisions allowing 
fresh bamboo shoots without leaves or roots to be imported into the 
United States for consumption from China, the Dominican Republic, 
Japan, and Taiwan. Bamboo shoots without leaves or roots would be added 
to the list of fruits and vegetables in Sec. 319.56-2t that may be 
imported from specified countries or places in accordance with

[[Page 47771]]

Sec. 319.56-6 and all other applicable provisions of the regulations. 
Section 319.56-6 provides, among other things, that all imported fruits 
and vegetables, as a condition of entry, shall be inspected and shall 
be subject to disinfection at the port of first arrival as required by 
an inspector. This proposed action is based on assessments that show 
that fresh bamboo shoots without leaves or roots may be imported from 
the countries listed into the United States for consumption without 
presenting a significant pest risk.

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 purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    We do not anticipate that this rulemaking will have any significant 
economic impact on any affected parties. The proposed changes 
concerning bamboo seed, bamboo plants, and bamboo cuttings are 
administrative in nature and do not change the requirements for 
importing these articles. This proposed rule would add provisions to 
allow fresh, edible bamboo shoots without leaves or roots to be 
imported into the United States for consumption from China, the 
Dominican Republic, Japan, and Taiwan. There appears to be little, if 
any, commercial production of bamboo shoots in the United States, and 
imported bamboo shoots would not be marketed in competition with any 
other domestic produce. Consequently, the importation of bamboo shoots 
should not have a significant economic impact on domestic producers or 
other small entities.
    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 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed rule contains no new 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 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, 2803, and 
2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).

Subpart--Bamboo Capable of Propagation--[Removed]

    2. Subpart--Bamboo Capable of Propagation, consisting of 
Sec. 319.34, would be removed.


Sec. 391.37-1  [Amended]

    3. In Sec. 319.37-1, the definition for Restricted article would be 
amended by removing the reference to ``319.34'' and adding ``319.24'' 
in its place.


Sec. 391.37-2  [Amended]

    4. In Sec. 319.37-2(a), the table would be amended as follows:
    a. By adding, in alphabetical order, an entry for ``Bambuseae,'' to 
read as set forth below.
    b. By amending the entry for ``Poaceae'' by revising the text in 
the first column, to read as set forth below.


Sec. 319.37-2  Prohibited Articles.

    (a) * * *

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                                                          Plant pests   
                                                        existing in the 
  Prohibited article (includes      Foreign places     places named and 
   seeds only if specifically         from which       capable of being 
           mentioned)                 prohibited       transported with 
                                                        the prohibited  
                                                            article     
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Bambuseae (seeds, plants, and     All...............  Various plant     
 cuttings, except those imported                       diseases,        
 into Guam).                                           including bamboo 
                                                       smut (Ustilago   
                                                       shiraiana)       
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Poaceae (vegetative parts of all                                        
 grains and grasses except                                              
 species of Bambuseae).                                                 
                                                                        
*                  *                  *                  *              
                                     *                                  
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* * * * * * *


Sec. 319.40-2  [Amended]

    5. In Sec. 319.40-2, paragraph (c) would be amended by removing the 
words ``Sec. 319.34, ``Subpart--Bamboo Capable of Propagation''.
    6. In Sec. 319.56-2t, the table would be amended by adding entries, 
in alphabetical order, to read as follows:


Sec. 319.56-2t   Administrative instructions; conditions governing the 
entry of certain fruits and vegetables.

* * * * *

[[Page 47772]]



----------------------------------------------------------------------------------------------------------------
          Country/locality                 Common name           Botanical name             Plant part(s)       
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
China..............................  Bamboo................  Bambuseae spp.........  Edible shoot, free of      
                                                                                      leaves and roots.         
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Dominican Republic.................  Bamboo................  Bambuseae spp.........  Edible shoot, free of      
                                                                                      leaves and roots.         
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Japan..............................  Bamboo................  Bambuseae spp.........  Edible shoot, free of      
                                                                                      leaves and roots.         
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Taiwan.............................  Bamboo................  Bambuseae spp.........  Edible shoot, free of      
                                                                                      leaves and roots.         
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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* * * * *
    Done in Washington, DC, this 5th day of September 1997.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-24129 Filed 9-10-97; 8:45 am]
BILLING CODE 3410-34-P