[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]
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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. 62, No. 176 / Thursday, September 11, 1997 /
Proposed Rules
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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
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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
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* * * *
* * *
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.
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[[Page 47772]]
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Country/locality Common name Botanical name Plant part(s)
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* * * * * *
*
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