[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Rules and Regulations]
[Pages 50229-50231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25486]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / 
Rules and Regulations  

[[Page 50229]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 95-082-2]


Importation of Cut Flowers

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending the cut flower regulations by eliminating the 
import permit and notice of arrival requirements for imported cut 
flowers of camellia, gardenia, rhododendron, rose, and lilac. This 
action eliminates an unnecessary regulatory burden. The import permit 
and notice of arrival requirements were used to provide information 
about shipments. However, much of this information is available on 
cargo manifests. This action will not increase the risk of imported cut 
flowers introducing exotic plant pests into the United States, since 
all cut flowers, including cut flowers of camellia, gardenia, 
rhododendron, rose, and lilac, are routinely inspected upon arrival in 
the United States and, if necessary, fumigated.

EFFECTIVE DATE: September 25, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Peter M. Grosser, Senior Staff 
Officer, Port Operations, PPQ, APHIS, 4700 River Road, Unit 139, 
Riverdale, MD 20737-1236, (301) 734-8891.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR part 319.74 through 319.74-7 (referred to 
below as ``the regulations'') govern the importation of certain cut 
flowers into the United States. These regulations, among other things, 
require that all cut flowers imported into the United States be 
inspected for injurious plant pests and, if necessary, fumigated. 
Sections 319.74-2a, 319.74-4, and 319.74-5 of the regulations also 
require that persons wishing to import cut flowers of camellia 
(Camellia spp.), gardenia (Gardenia spp.), rhododendron (Rhododendron 
spp. [including Azalea]), rose (Rosa spp.), and lilac (Syringa spp.) 
into the United States apply for and receive a permit for importation, 
and that a notice of arrival be submitted to the Collector of Customs 
immediately after a shipment of these cut flowers arrives in the United 
States. The regulations do not require an import permit or notice of 
arrival for any other types of cut flowers.
    On August 2, 1996, we published in the Federal Register (61 FR 
40362-40364, Docket No. 95-082-1) a proposal to amend the regulations 
by eliminating the import permit and notice of arrival requirements for 
imported cut flowers of camellia, gardenia, rhododendron, rose, and 
lilac. Because cut flowers of camellia, gardenia, rhododendron, rose, 
and lilac are the only types of cut flowers for which we have required 
an import permit or notice of arrival, we also proposed to remove all 
references to import permit and notice of arrival requirements from the 
regulations. In addition, we proposed to eliminate a provision allowing 
the Deputy Administrator of Plant Protection and Quarantine to deny 
certain importations of cut flowers into a State, Territory, or 
District of the United States by refusal of an import permit or by 
other means.
    We solicited comments concerning our proposal for 30 days ending 
September 3, 1996. We received four comments by that date. They were 
from industry representatives. The comments are discussed below.

Pest Risk

    All of the commenters expressed concern that the proposed removal 
of the import permit and notice of arrival requirements would result in 
an increased plant pest risk associated with imported cut flowers of 
camellia, gardenia, rhododendron, rose, and lilac.
    We do not believe that eliminating the import permit and 
notification requirements for cut flowers of camellia, gardenia, 
rhododendron, rose, and lilac will increase the risk of plant pest 
introduction into the United States. The import permit and notice of 
arrival requirements for cut flowers of camellia, gardenia, 
rhododendron, rose, and lilac were only used to collect information, 
such as country of origin, names and addresses of the shipper and 
consignee, and expected arrival date, about a shipment of these types 
of imported cut flowers. However, much of this information is available 
on a conveyance's cargo manifest. We do not expect that the elimination 
of these requirements will increase the volume of imported cut flowers, 
or pests in cut flower imports, entering the United States. Our 
inspection, not the import permit or notice of arrival, helps prevent 
the introduction of plant pests into the United States by determining 
the condition of a shipment of imported cut flowers. If an inspector 
determines that a shipment of cut flowers is infested with pests of 
concern, that shipment is fumigated, destroyed, or re-exported to help 
prevent the introduction of exotic plant pests into the United States. 
This rule does not affect our inspection procedures. Therefore, we are 
making no changes in response to this comment.

Budget

    One commenter expressed concern that if the import permit and 
notice of arrival requirements for camellia, gardenia, rhododendron, 
rose, and lilac are eliminated, cut flowers will enter the United 
States in such great numbers at so many different ports of entry that 
APHIS will not have the funds to keep ports staffed with experienced 
inspectors of cut flowers.
    We do not anticipate that this action will increase the number of 
imported cut flowers entering the United States because the import 
permit and notice of arrival requirements are information collection 
requirements only; they do not affect the number of importations or the 
manner of inspection of imported cut flowers upon arrival in the United 
States. APHIS has adequate personnel at all ports that may receive 
imported cut flowers to ensure that thorough inspections of shipments 
are performed and regulatory requirements are met. Cut flowers already 
enter the United States in large numbers through more than 50 
international ports of entry. Staffing levels at these international 
ports, and at domestic ports of entry, have increased to accommodate 
inspections of rising levels of plant product imports into the United 
States. In terms of budget issues related to

[[Page 50230]]

staffing levels, user fees cover all Agriculture Quarantine Inspection 
activities, including the inspections of cut flowers entering the 
United States.

Propagation of Roses

    One commenter noted that cut flowers of roses are easily 
propagated. The commenter felt that if the import permit and notice of 
arrival requirements for roses were eliminated, a pathway to circumvent 
requirements for postentry quarantine of propagative material would be 
made more readily available. The commenter remarked that current import 
permit requirements at least make the importer accountable for the 
ultimate disposition of the shipment.
    An import permit is not signed by the permittee; therefore, the 
permittee has not made any agreement with APHIS as to the ultimate 
disposition of a shipment. The elimination of the permit requirement 
does not lessen the importer's duty to comply with other regulatory 
requirements on disposition. If a shipment of cut flowers is imported 
into the United States, it must be imported in accordance with the 
regulations.
    Cut flowers are imported into the United States as consumption 
products to be used or sold for decorative purposes. Cut flowers are 
not imported for propagation. A very limited number of consumers may 
try to propagate cut flowers, but we regulate the importation of cut 
flowers based on the product's intended use as a consumption product. 
Therefore, we are making no changes in response to this comment.

Rhododendron

    One commenter noted that when the final rule for the importation of 
plants in growing media was published, action regarding Rhododendron 
spp. was deferred pending decisions on issues related to the Endangered 
Species Act. The commenter suggested that if these issues have not yet 
been resolved, it may be prudent to postpone inclusion of Rhododendron 
spp. in the final rule.
    The rulemaking referred to by the commenter initially proposed to 
allow five new species of plants to be imported into the United States 
in growing media. Because we determined that additional analysis was 
necessary with respect to Rhododendron spp. and issues related to the 
Endangered Species Act, we did not include Rhododendron spp. in that 
final rule.
    Our regulations already allow the importation of cut flowers of 
Rhododendron spp. and, under certain conditions, nursery stock in bare 
root of Rhododendron spp. (see 7 CFR 319.37-2(b)). This rule makes no 
changes to the requirements for importing nursery stock, and is not 
expected to increase the volume of cut flowers of Rhododendron spp. 
imported into the United States. Less than a dozen shipments of cut 
flowers of Rhododendron spp. have been imported into the United States 
since the beginning of fiscal year 1994. Therefore, we are making no 
changes in response to this comment.
    Accordingly, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule without change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. Immediate 
implementation of this rule is necessary to provide relief to those 
persons who are adversely affected by restrictions we no longer find 
warranted. This action eliminates an unnecessary regulatory burden 
without increasing the risk of imported cut flowers introducing exotic 
plant pests, including plant diseases, into the United States. 
Therefore, the Administrator of the Animal and Plant Health Inspection 
Service has determined that this rule should be effective upon 
publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    We are eliminating the import permit and notice of arrival 
requirements for imported cut flowers of camellia, gardenia, 
rhododendron, rose, and lilac.
    The United States imported approximately $408 million worth of 
fresh cut flowers in 1994. Roses constituted the largest category of 
fresh cut flowers imported into the United States in 1994, accounting 
for 36 percent of the total value.
    Although the United States imports cut flowers from many countries, 
in 1994, 5 countries represented approximately 92 percent of the total 
value of cut flowers imported into the United States. Colombia supplied 
the greatest percentage with 66 percent, followed by the Netherlands 
with 13 percent, Ecuador with 6.4 percent, Costa Rica with 3.7 percent, 
and Mexico with 3.3 percent. Also in 1994, 4 countries accounted for 
approximately 96.9 percent of the total value of rose imports into the 
United States; Colombia supplied the greatest percentage with 71.2 
percent, followed by Ecuador with 13.6 percent, Mexico with 6.8 
percent, and Guatemala with 5 percent.
    Entities in the United States that could be affected by changes in 
cut flower import regulations are U.S. producers, importers, and 
wholesalers of cut flowers. Of the estimated 1,409 producers of cut 
flowers in the United States, approximately 85 percent are considered 
small entities. We do not expect that the volume of cut flowers 
imported into the United States will increase because of this rule, or 
that the pest risk presented by imported cut flowers will increase 
because of this rule. Therefore, we expect little, if any, change in 
the market price of cut flowers. As a result, we expect that the impact 
on producers of these varieties of cut flowers will be insignificant.
    At this time, we cannot determine the number of importers of cut 
flowers. However, we do not expect this rule to affect the supply of 
cut flower importations, and, therefore, we expect any changes in costs 
or competition related to the importation of cut flowers of camellia, 
gardenia, rhododendron, rose, and lilac to be insignificant. As a 
result, we anticipate that the effect on importers of cut flowers of 
camellia, gardenia, rhododendron, rose, and lilac will be 
insignificant.
    Of the estimated 3,043 wholesalers of cut flowers, approximately 96 
percent are considered small entities. As stated earlier, we do not 
expect that the volume of cut flowers imported into the United States 
will increase, or that the pest risk presented by imported cut flowers 
will increase because of this rule. Therefore, we do not expect the 
price of cut flowers to be affected by this rule. As a result, we 
expect that the effect of this rule on wholesalers of imported cut 
flowers of camellia, gardenia, rhododendron, rose, and lilac will be 
insignificant.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings

[[Page 50231]]

before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This rule contains no new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). Further, this rule eliminates the information collection or 
recordkeeping requirements in 7 CFR 319.74.

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 is amended as follows:

PART 319--FOREIGN QUARANTINE NOTICES

    1. The authority citation for part 319 continues 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).


Sec. 319.74-1  [Amended]

    2. In Sec. 319.74-1, paragraph (c) is removed.


Sec. 319.74-2  [Amended]

    3. Section 319.74-2 is amended as follows:
    a. By removing paragraph (b).
    b. By removing paragraph (c).
    c. By removing the designation ``(a)'' preceding the first 
paragraph.


Sec. 319.74-2a  [Removed]

    4. Section 319.74-2a is removed.


Sec. 319.74-3  [Amended]

    5. Section 319.74-3 is amended as follows:
    a. By removing paragraph (b).
    b. By redesignating paragraphs (c) and (d) as paragraphs (b) and 
(c), respectively.
    c. In paragraph (a), the first sentence, by removing the words 
``imported from the named foreign countries and localities, whether or 
not subject to permit requirements,''.
    d. In paragraph (a), the second sentence, by removing the reference 
``(d)'' and adding in its place the reference ``(c)''.


Sec. 319.74-4  [Removed]

    6. Section 319.74-4 and footnote 1 are removed.


Sec. 319.74-5  [Removed]

    7. Section 319.74-5 is removed.


Sec. 319.74-6  [Redesignated]

    8. Section 319.74-6 is redesignated as Sec. 319.74-4.


Sec. 319.74-7  [Removed]

    9. Section 319.74-7 is removed.

    Done in Washington, DC, this 22nd day of September 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-25486 Filed 9-24-97; 8:45 am]
BILLING CODE 3410-34-P