[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Rules and Regulations]
[Pages 50237-50239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25489]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 319, 321, and 330

[Docket No. 97-010-2]


Foreign Potatoes

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending our regulations concerning imported plants and 
plant products to prohibit the importation of potato tubers from 
Bermuda and to prohibit the importation of potato plants from 
Newfoundland and a portion of Central Saanich, British Columbia, 
Canada. These changes appear necessary to prevent the introduction of 
foreign potato diseases and insect pests into the United States. We are 
also reorganizing and streamlining the regulations concerning the 
importation of potatoes into the United States. These changes remove 
unnecessary regulations and relieve restrictions that no longer appear 
warranted.

EFFECTIVE DATE: October 27, 1997.

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; fax (301)-734-5786; or e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The regulations concerning the importation of foreign potato tubers 
have been contained in 7 CFR part 321, Restricted Entry Orders, 
Subpart--Foreign Potatoes (referred to below as the Foreign Potatoes 
regulations). The Foreign Potatoes regulations have allowed the 
importation of potato tubers from Bermuda and Canada (except for 
Newfoundland and a portion of South Saanich, British Columbia) without 
restriction. The Foreign Potatoes regulations also have contained 
provisions for importing potato tubers from other countries that are 
free of injurious potato diseases and insect pests that are new to or 
not widely distributed throughout the United States. However, only 
Bermuda and parts of Canada have been considered free of injurious 
potato diseases and insect pests.
    The regulations concerning the importation of foreign potato plants 
are contained in 7 CFR 319.37 through 319.37-14, Subpart--Nursery 
Stock, Plants, Roots, Bulbs, Seeds, and Other Plant Products (referred 
to below as the Nursery Stock regulations). The Nursery Stock 
regulations prohibit the importation of potato plants from all parts of 
the world except Canada.
    The regulations concerning the importation of most foreign fruits 
and vegetables are contained in 7 CFR 319.56 through 319.56-8, 
Subpart--Fruits and Vegetables (referred to below as the Fruits and 
Vegetables regulations). The Fruits and Vegetables regulations have 
referred readers to the Foreign Potatoes regulations for rules 
governing the importation of potatoes.
    These regulations are intended to prevent the introduction of 
foreign plant diseases and insect pests into the United States.
    On May 7, 1997, we published in the Federal Register (62 FR 24849-
24851), Docket No. 97-010-1), a proposal to prohibit the importation of 
potato plants from Newfoundland and a portion of Central Saanich, 
British Columbia, Canada. We also proposed to prohibit the importation 
of potato tubers from Bermuda. These actions were intended to prevent 
the introduction of foreign potato diseases and insect pests into the 
United States. Further, we proposed to move the prohibitions on the 
importation of potato tubers from Bermuda, parts of Canada 
(Newfoundland and a portion of Central Saanich, British Columbia), and 
all other parts of the world from the Foreign Potatoes regulations to 
the Nursery Stock regulations. In conjunction with this change, we 
proposed to remove the Foreign Potatoes regulations from the Code of 
Federal Regulations, since the remainder of the regulatory text 
appeared to be unnecessary. We also proposed to amend the Fruits and 
Vegetables regulations to refer readers to the Nursery Stock 
regulations, rather than the Foreign Potatoes regulations, for rules 
governing the importation of potatoes. These actions were intended to 
consolidate the regulations for importing potatoes into one place and 
eliminate provisions that are not being used.
    We also proposed to make an editorial change in the Federal Plant 
Pest regulations, contained in 7 CFR part 330.

[[Page 50238]]

    We solicited comments concerning our proposal for 60 days ending 
July 7, 1997. We received two comments by that date. They were from 
representatives of a State government and State University students. 
Both comments fully supported the proposed rule.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule, without 
change.

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.
    This rule moves the prohibitions on importing potato tubers from 
part 321 to subpart 319.37, prohibits the importation of potato tubers 
from Bermuda, and prohibits the importation of potato plants from 
Newfoundland and a portion of Central Saanich, British Columbia, 
Canada. These actions are not expected to have any economic impact. 
There have been no requests to import potato tubers from Bermuda, no 
record of shipments of potato tubers from Bermuda, and Bermuda has no 
potato tuber production for export. Canada does not allow potato tubers 
or plants to move from Newfoundland or the portion of Central Saanich 
that is covered by this rule due to the presence of potato wart disease 
and golden nematode.
    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 
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.).

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

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.

7 CFR Part 321

    Imports, Plant diseases and pests, Potatoes, Quarantine, Reporting 
and recordkeeping requirements.

7 CFR Part 330

    Customs duties and inspection, Imports, Plant diseases and pests, 
Quarantine, Reporting and recordkeeping requirements, Transportation.

    Accordingly title 7, chapter III, 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).

    2. In Sec. 319.37-2 paragraph (a), the table is amended by revising 
the entry for Solanum spp. (potato) to read as follows.


Sec. 319.37-2  Prohibited Articles.

    (a) * * *

------------------------------------------------------------------------
                                                    Plant pests existing
Prohibited article (includes                         in the places named
 seeds only if specifically    Foreign places from  and capable of being
         mentioned)             which prohibited    transported with the
                                                     prohibited article 
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*                  *                  *                  *              
                  *                  *                  *               
Solanum spp. (potato) (tuber  All except Canada     Andean potato latent
 bearing species only-         (except               virus; Andean      
 Section Tuberarium),          Newfoundland and      potato mottle      
 including potato tubers.      that portion of the   virus; potato mop  
                               Municipality of       top virus;         
                               Central Saanich in    dulcamara mottle   
                               the Province of       virus; tomato      
                               British Columbia      blackring virus;   
                               east of the West      tobacco rattle     
                               Saanich Road.         virus; potato virus
                                                     Y (tobacco veinal  
                                                     necrosis strain);  
                                                     potato purple top  
                                                     wilt agent; potato 
                                                     marginal           
                                                     flavescence agent; 
                                                     potato purple top  
                                                     roll agent; potato 
                                                     witches broom      
                                                     agent; stolbur     
                                                     agent; parastolbur 
                                                     agent; potato      
                                                     leaflet stunt      
                                                     agent; potato      
                                                     spindle tuber      
                                                     viroid; arracacha  
                                                     virus B; potato    
                                                     yellowing virus.   
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------

* * * * *
    3. In Sec. 319.56-2, footnote 1 and the reference to it are 
removed, footnote 2 and the reference to it are redesignated as 
footnote 1, and paragraph (c) is revised to read as follows:


Sec. 319.56-2  Restrictions on entry of fruits and vegetables.

* * * * *
    (c) Fruits and vegetables grown in Canada may be imported into the 
United States without restriction under this subpart; provided, that 
potatoes from Newfoundland and that portion of the Municipality of 
Central Saanich in the Province of British Columbia east of the West 
Saanich Road are prohibited importation into the United States in 
accordance with Sec. 319.37-2 of this part.
* * * * *

PART 321--[REMOVED]

    Under the authority of 7 U.S.C. 136, 136a, 154, 159, and 162; 7 
CFR, Chapter III, is amended by removing ``Part 321--Restricted Entry 
Orders.''

[[Page 50239]]

PART 330--FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; 
SOIL, STONE, and QUARRY PRODUCTS; GARBAGE

    4. The authority citation for part 330 continues to read as 
follows:

    Authority: 7 U.S.C. 147a, 150bb, 150dd-150ff, 161, 162, 164a, 
450, 2260; 19 U.S.C. 1306; 21 U.S.C. 111, 114a; 136 and 136a; 31 
U.S.C. 9701; 42 U.S.C. 4331, and 4332; 7 CFR 2.22, 2.80, and 
371.2(c).

    5. In Sec. 330.300a, the words ``South Saanich'' are removed and 
the words ``Central Saanich'' are added in their place.

    Done in Washington, DC, this 22nd day of September 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-25489 Filed 9-24-97; 8:45 am]
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