[Federal Register Volume 67, Number 160 (Monday, August 19, 2002)]
[Proposed Rules]
[Pages 53844-53867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20941]



[[Page 53843]]

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Part II





Department of Agriculture





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Animal Plant Health Inspection Service



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7 CFR Parts 319 and 322



Bees and Related Articles; Notice of Public Hearings; Proposed Rule

  Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / 
Proposed Rules  

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 319 and 322

[Docket No. 98-109-1]
RIN 0579-AB20


Bees and Related Articles

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule and notice of public hearings.

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SUMMARY: We are proposing to amend the regulations for the importation 
of honeybees and honeybee semen and the regulations established to 
prevent the introduction of exotic bee diseases and parasites through 
the importation of bees other than honeybees, certain beekeeping 
byproducts, and used beekeeping equipment. Among other things, our 
proposal would allow honeybees from Australia and honeybees and 
honeybee germ plasm from New Zealand to be imported into the United 
States under certain conditions, impose certain conditions on the 
importation into the United States of bees and related articles from 
Canada, and prohibit the interstate movement of honeybees into Hawaii. 
It also would consolidate all of our regulations concerning bees. These 
changes would make these regulations more consistent with international 
standards, update them to reflect current research and terminology, and 
simplify them and make them more useful.

DATES: We will consider all comments that we receive on or before 
November 18, 2002. We will also consider comments made at public 
hearings to be held in Kailua-Kona, HI, on October 22, 2002; Fresno, 
CA, on October 24, 2002; and Beltsville, MD, on October 29, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 98-109-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 98-109-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
98-109-1'' on the subject line.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
    Public hearings regarding this rule will be held at the following 
locations:

1. Kailua-Kona, HI: Royal Kona Resort, 75-5852 Alii Drive, Kailua-Kona, 
HI.
2. Fresno, CA: Piccadilly Inn Airport, 5115 E. McKinley, Fresno, CA.
3. Beltsville, MD: United States Department of Agriculture, Beltsville 
Agricultural Research Center, 10300 Baltimore Avenue (Rte. 1), Circle 
Drive, Building 003--Basement Auditorium, Beltsville, MD.

FOR FURTHER INFORMATION CONTACT: Dr. Wayne F. Wehling, Entomologist, 
Permits and Risk Assessments, PPQ, APHIS, 4700 River Road Unit 133, 
Riverdale, MD 20737-1236; (301) 734-8757.

SUPPLEMENTARY INFORMATION:

Public Hearings

    We are advising the public that we are hosting three public 
hearings on this proposed rule. The first public hearing will be held 
in Kailua-Kona, HI, on Tuesday, October 22, 2002. The second public 
hearing will be held in Fresno, CA, on Thursday, October 24, 2002. The 
third public hearing will be held in Beltsville, MD, on Tuesday, 
October 29, 2002.
    A representative of the Animal and Plant Health Inspection Service 
(APHIS), U.S. Department of Agriculture (USDA), will preside at the 
public hearings. Any interested person may appear and be heard in 
person, by attorney, or by other representative. Written statements may 
be submitted and will be made part of the hearing record. A transcript 
of the public hearings will be placed in the rulemaking record and will 
be available for public inspection.
    The purpose of the hearings is to give interested persons an 
opportunity for presentation of data, views, and arguments. Questions 
about the content of the proposed rule may be part of the commenters' 
oral presentations. However, neither the presiding officer nor any 
other representative of APHIS will respond to comments at the hearings, 
except to clarify or explain provisions of the proposed rule.
    The public hearings will begin at 9 a.m. and are scheduled to end 
at 5 p.m., local time. The presiding officer may limit the time for 
each presentation so that all interested persons appearing at each 
hearing have an opportunity to participate. Each hearing may be 
terminated at any time if all persons desiring to speak have been 
heard.
    Registration for the hearings may be accomplished by registering 
with the presiding officer between 8:30 a.m. and 9 a.m. on the day of 
the hearing. Persons who wish to speak at a hearing will be asked to 
sign in with their name and organization to establish a record for the 
hearing. We ask that anyone who reads a statement provide two copies to 
the presiding officer at the hearing. Those who wish to form a panel to 
present their views will be asked to provide the name of each member of 
the panel and the organizations the panel members represent.
    Persons or panels wishing to speak at one or more of the public 
hearings may register in advance by phone or e-mail. Persons wishing to 
register by phone should call the Regulatory Analysis and Development 
voice mail at (301) 734-8138. Callers must leave a message clearly 
stating (1) the location of the hearing the registrant wishes to speak 
at, (2) the registrant's name and organization, and, if registering for 
a panel, (3) the name of each member of the panel and the organization 
each panel member represents. Persons wishing to register by e-mail 
must send an e-mail with the same information described above to 
[email protected]. Please write ``Public Hearing 
Registration'' in the subject line of your e-mail. Advance registration 
for any hearing must be received by 3 p.m. on Friday, October 18, 2002.
    If you require special accommodations, such as a sign language 
interpreter, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT.

Background

    Under the Honeybee Act (7 U.S.C. 281-286), the Secretary of 
Agriculture is authorized to prohibit or restrict the importation of 
honeybees and honeybee semen to prevent the introduction into the 
United States of diseases and parasites harmful to honeybees and of 
undesirable species such as the African honeybee. The Secretary has 
delegated

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responsibility for administering the Honeybee Act to the Administrator 
of APHIS of the USDA. Regulations established under the Honeybee Act 
are contained in the Code of Federal Regulations (CFR), title 7, part 
322 (referred to below as the ``honeybee regulations'').
    The honeybee regulations allow the unrestricted importation into 
the United States of honeybees and honeybee semen from Canada but place 
stringent requirements on the importation of these products from other 
countries. Specifically, the honeybee regulations provide for the 
importation of honeybees from any country other than Canada only if 
they are imported by USDA for experimental or scientific purposes. 
Honeybee semen may be imported only:
     By USDA for experimental or scientific purposes; or
     By a person or group other than USDA only if the semen is 
imported from Australia, Bermuda, France, Great Britain, or Sweden and 
meets certain documentation, packaging, inspection, notification, and 
port of entry requirements.
    In addition, the honeybee regulations allow honeybees and honeybee 
semen from New Zealand to transit the United States en route to another 
destination in accordance with certain documentation, packaging, 
handling, notification, and port of entry requirements.
    Under the Plant Protection Act (7 U.S.C. 7701-7772), the Secretary 
of Agriculture is authorized to prohibit or restrict the importation, 
entry, exportation, or movement in interstate commerce of plant pests 
and other articles to prevent the introduction of plant pests into the 
United States or their dissemination within the United States. The 
Secretary has delegated responsibility for administering the Plant 
Protection Act to the Administrator of APHIS. Regulations authorized by 
the Plant Protection Act concerning the importation of certain bees, 
beekeeping byproducts, and used beekeeping equipment are contained in 7 
CFR part 319, Secs. 319.76 through 319.76-8 (referred to below as the 
``pollinator regulations'').
    The pollinator regulations govern the importation of live bees 
other than honeybees, dead bees of the superfamily Apoidea, certain 
beekeeping byproducts, and beekeeping equipment. These regulations help 
prevent the introduction of exotic bee diseases and parasites that, if 
introduced into the United States, could cause substantial reductions 
in pollination by bees. Reductions in pollination by bees could 
indirectly cause serious damage to crops and other plants.
    The pollinator regulations allow bees other than honeybees; dead 
bees; used bee boards, hives, nests, and nesting material; used 
beekeeping equipment; beeswax; pollen for bee feed; and honey for bee 
feed to be imported into the United States from Canada without 
restriction but restrict the importation of these articles from other 
countries. Specifically, the pollinator regulations provide for the 
importation of these articles from any country other than Canada only 
if they are imported by USDA for experimental or scientific purposes or 
if they are imported under permit and meet certain documentation, 
inspection, treatment, packaging, notification, and port of entry 
requirements.
    We propose to revise the honeybee regulations and the pollinator 
regulations. Among other things, we propose to allow honeybees from 
Australia and honeybees and honeybee germ plasm from New Zealand to be 
imported into the United States under certain conditions, to impose 
certain conditions on the importation into the United States of bees 
and related articles from Canada, and to prohibit the interstate 
movement of honeybees into Hawaii. We also propose to consolidate the 
honeybee regulations and the pollinator regulations. These changes 
would make these regulations more consistent with international 
standards, update them to reflect current research and terminology, and 
simplify them and make them more useful.

International Trade Agreements

    Both the North American Free Trade Agreement (NAFTA) and the 
General Agreement on Tariffs and Trade (GATT) contain provisions 
establishing the rights and obligations of signatory countries 
concerning sanitary and phytosanitary (SPS) regulation. SPS measures 
are generally defined as governmental measures intended to protect 
human, animal, or plant life and health. The applicable provisions are, 
respectively: Articles 709-724 of the NAFTA; and the World Trade 
Organization (WTO) Agreement on the Application of Sanitary and 
Phytosanitary Measures (referred to below as ``WTO Agreement'').
    Although the two agreements differ in a few respects, both NAFTA 
and the WTO Agreement provide that member countries should ensure that 
any sanitary or phytosanitary measure is applied only to the extent 
necessary to protect human, animal, or plant life or health; is based 
on scientific principles; and is not maintained without sufficient 
scientific evidence. The WTO Agreement requires that any sanitary or 
phytosanitary measure taken by a member country be based on a risk 
assessment. Risk assessment involves an evaluation of the likelihood of 
entry, establishment, and spread of a pest or disease within the 
territory of an importing member country given the sanitary or 
phytosanitary measures which may be applied, and an evaluation of the 
associated potential biological and economic consequences. The WTO 
Agreement also requires member countries to recognize the concepts of 
low pest or disease prevalence and ensure that sanitary or 
phytosanitary measures are adapted to take into account the 
characteristics of regions from which products originate and to which 
products are destined. In addition, NAFTA and the WTO Agreement provide 
that member countries should base their sanitary and phytosanitary 
measures on international standards, guidelines, or recommendations, 
where they exist. The Office International des Epizooties, which is the 
international standard-setting body recognized by the WTO Agreement for 
animal health, developed the international standards, guidelines, and 
recommendations that apply to the importation and exportation of bees 
and bee germ plasm. The WTO Agreement further provides that countries 
may deviate from international standards, guidelines, and 
recommendations if a risk assessment demonstrates that additional 
measures are necessary to provide appropriate sanitary and 
phytosanitary protection against pest introduction.

Office International des Epizooties (OIE)

    In chapter 2.9 of the International Animal Health Code (2001 
edition), OIE recommends that importing countries require specific 
health certifications for importations of bees. OIE recommends that the 
health certifications address the condition of the bees in relation to 
the following five diseases: Acariosis of bees (tracheal mite), 
American foulbrood, European foulbrood, nosemosis of bees (Nosema 
disease), and Varroosis (Varroa mite).
    All five of the bee diseases listed in OIE's International Animal 
Health Code are established on the Continental United States, although 
other important bee diseases and parasites of economic and 
environmental concern are not. Therefore, our proposal incorporates a 
health inspection, rather than a health certification, for bees 
imported into the Continental United States. This means that rather 
than proposing to require a

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health certification that imported bees are free of the diseases listed 
in OIE's International Animal Health Code, we are proposing to require 
that the export certificate accompanying bees imported into the 
Continental United States identify any disease, parasite, or 
undesirable species or subspecies of honeybee found in the hive from 
which the shipment was derived during the mandatory preexport 
inspection. If one, or more, of the five diseases listed in OIE's 
International Animal Health Code is the only item, or items, identified 
on the export certificate as occurring in the hive from which the 
shipment was derived, we would not refuse the shipment's entry into the 
Continental United States. However, if another important bee disease or 
parasite of economic and environmental concern to the United States, 
including, but not limited to, Thai sacbrood virus, Tropilaelaps 
clareae, and Euvarroa sinhai, or if an undesirable species or 
subspecies of honeybee, including, but not limited to, the Cape 
honeybee (Apis mellifera capensis) and the Oriental honeybee (Apis 
cerana), is identified on the export certificate as occurring in the 
hive from which the shipment was derived, we would refuse the 
shipment's entry into the United States. This information would help us 
monitor and document the health status of bees intended for entry into 
the United States and would provide important information about the 
health status of imported bees to prospective buyers in the United 
States. Our proposed provisions for health inspection are discussed in 
more detail later in this document.
    Because of Hawaii's unique pest status, honeybees imported into 
Hawaii would be required to have a health certification. The 
certification would have to state, among other things, that the 
honeybees were found free of Varroa mite, tracheal mite, and African 
honeybees during the mandatory preexport inspection. Other special 
requirements for honeybees imported into Hawaii are discussed later in 
this document.
    In appendix 3.4.2 of the International Animal Health Code (2001 
edition), OIE recommends, among other things, that member countries 
establish permanent sanitary surveillance of their apiaries and approve 
breeding apiaries for export trade. OIE recommends that the sanitary 
surveillance include periodic visits to apiaries to detect diseases, 
sampling of bees to diagnose contagious diseases, and other sanitary 
measures (like treatment of bees and disinfection of equipment) to 
ensure rapid eradication of any outbreak of a contagious disease. OIE 
standards for the approval of breeding apiaries for export trade 
include standards related to the disease status of apiaries, disease 
reporting by beekeepers, controls on the introduction of bees and 
beekeeping materials from another apiary, recommendations for special 
techniques to ensure protection against outside contamination, and 
periodic collection of samples for examination by an official 
laboratory.
    Our proposal recognizes the value of permanent sanitary 
surveillance of apiaries and the standards related to approving 
apiaries for export trade by providing for:
     Evaluation during the risk assessment process of the 
surveillance system of a region that requests approval to export 
honeybees, honeybee germ plasm, or bees other than honeybees to the 
United States; and
     Health inspection, conducted by an official of the 
appropriate regulatory agency of the national government of the 
approved exporting region, to identify the disease status of the 
apiary.

Canada

    This proposal would impose specific requirements, including 
documentation, health inspection, packaging, port of entry inspection, 
and certain other requirements, on the importation of honeybees, 
honeybee germ plasm, bees other than honeybees, and certain beekeeping 
byproducts into the United States from Canada. This proposal would also 
prohibit the importation of bee pollen for bee feed and restrict the 
importation of used beekeeping equipment into the United States from 
Canada. Currently, these commodities may be imported into the United 
States from Canada without documentation or any other conditions on 
their importation. The lack of documentation, as well as the lack of 
other means of monitoring and safeguarding these importations from 
Canada, increases the pest risk associated with the importation of 
these commodities from Canada. The most serious pest risk arises from 
the potential for shipments from foreign regions that are not allowed 
to import bees and related articles into the United States being 
transshipped through Canada to the United States. Therefore, we propose 
to impose specific requirements on the importation of honeybees, 
honeybee germ plasm, bees other than honeybees, and certain beekeeping 
byproducts into the United States from Canada to ensure that bees and 
related articles entering the United States from Canada are of Canadian 
origin, to discourage transshipment of bees from other foreign 
countries and regions through Canada to the United States, and to 
enable traceback of shipments should a bee disease or bee parasite 
outbreak occur in Canada or in the United States. Further, in 
accordance with NAFTA and the WTO Agreement, these changes would offer 
harmonization in the regulations governing the importation of bees and 
related articles into the United States from all foreign regions. The 
requirements related to Canada and other foreign regions are discussed 
in more detail later in this document.

Proposed Format and Title of Revised 7 CFR Part 322

    Our proposal includes a new format for 7 CFR part 322. The proposed 
format combines, into this one part of the CFR, the honeybee 
regulations and the pollinator regulations. The proposed format divides 
part 322 into five subparts: A, B, C, D, and E. Subpart A would include 
definitions and general requirements for the interstate movement within 
and importation into the United States of bees, beekeeping byproducts, 
and used beekeeping equipment. Subpart B would cover importation of 
honeybees, honeybee germ plasm, and bees other than honeybees from 
approved regions. Subpart C would cover importation of restricted 
organisms (i.e., honeybee brood in the comb and bees and honeybee germ 
plasm from regions that do not meet the criteria for importation under 
subpart B). Subpart D would cover shipments of restricted organisms 
transiting the United States en route to another destination. Subpart E 
would cover importation and transit of restricted articles (i.e., dead 
bees of the superfamily Apoidea; beeswax for beekeeping, unless it has 
been liquefied; and honey for bee feed). We believe this format would 
make the regulations easier to read and more useful by consolidating 
all of the requirements related to the importation of bees, beekeeping 
byproducts, and used beekeeping equipment.
    Based on this proposed consolidation of the honeybee and pollinator 
regulations, we also propose to change the title of part 322 from 
``Honeybees and Honeybee Semen'' to ``Bees, Beekeeping Byproducts, and 
Beekeeping Equipment.'' The term ``bee'' would be defined to include 
bee germ plasm.

Proposed Subpart A--General Provisions

    Subpart A would provide: (1) Definitions for the words we use in 
the part, and (2) general requirements for the interstate movement 
within and importation into the United States of bees, beekeeping 
byproducts, and used

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beekeeping equipment. All bees, beekeeping byproducts, and used 
beekeeping equipment moved interstate within or imported into the 
United States would be subject to the applicable general requirements 
described in the proposed subpart A of the regulations.

Definitions (Sec. 322.1)

    Proposed Sec. 322.1 would define the words we use in the part. The 
definition for United States would remain the same as that currently in 
the honeybee regulations. The definitions for bee, beekeeping 
byproduct, and beekeeping equipment would be added to reflect the 
consolidation of the honeybee regulations and the pollinator 
regulations. For clarity and consistency with other regulations in 
title 7 of the CFR, the definition for inspector would be revised, the 
definition for Deputy Administrator would be replaced with a definition 
for Administrator, and the definition for Plant Protection and 
Quarantine would be replaced with a definition for Animal and Plant 
Health Inspection Service. We would also update the definitions for 
honeybee and undesirable species or subspecies of honeybee. Further, to 
explain beekeeping terms we use in the regulations, we would add 
definitions for beekeeping establishment, brood, hive, germ plasm, 
package bees, and queen. To explain the terms we use in accordance with 
international standards, we would add definitions for destination State 
and Office International des Epizooties (OIE). See Sec. 322.1 of the 
rule portion of this document for the definitions.

General Provisions

    The remainder of proposed subpart A--Secs. 322.2 and 322.3--would 
provide the general requirements for the interstate movement and 
importation of bees, beekeeping byproducts, and used beekeeping 
equipment and would prohibit the interstate movement of honeybees into 
Hawaii. These are explained below.

General Requirements for Interstate Movement and Importation 
(Sec. 322.2)

    Proposed Sec. 322.2 would be divided into two paragraphs: Paragraph 
(a), interstate movement, and paragraph (b), importation.
    Paragraph (a) of Sec. 322.2 would establish a list of areas in the 
United States that are considered pest-free areas for Varroa mite, 
tracheal mite, and African honeybee and would prohibit the interstate 
movement of honeybees, including honeybee germ plasm, to those areas. 
Currently, Hawaii is the only area in the United States that we propose 
to list as a pest-free area. Hawaii has demonstrated freedom from 
Varroa mite, tracheal mite, and African honeybee based on 10 years of 
export inspection data. Although these pests have been established on 
the continental United States for nearly a decade, they have not been 
introduced into Hawaii. We believe this is largely due to Hawaiian 
State law prohibiting the movement of honeybees into that State, 
together with the unique biological barriers that prevent the natural 
spread of these pests from the continental United States to Hawaii. We 
believe that Federal regulations prohibiting the interstate movement of 
honeybees to areas considered free from Varroa mite, tracheal mite, and 
African honeybee would strengthen our ability to prevent the artificial 
spread of these pests into Hawaii. We would limit this prohibition to 
the interstate movement of honeybees because other bees do not carry 
Varroa mite or tracheal mite and, by definition, cannot be African 
honeybees.
    Paragraph (b) of Sec. 322.2 would explain that our regulations are 
designed to prevent the introduction of bee diseases and parasites, and 
undesirable species or subspecies of honeybees, into the United States 
through the importation of bees, beekeeping byproducts, or used 
beekeeping equipment. Paragraph (b)(1) would require compliance with 
the regulations for the importation of bees and beekeeping byproducts. 
This paragraph would also prohibit the importation of bee pollen for 
bee feed and the importation of used beekeeping equipment unless that 
equipment either will be used solely for indoor display purposes and 
will not come into contact with indigenous bees or consists of bee 
boards that contain a live brood of bees, other than honeybees, from 
regions listed in Sec. 322.4(c).
    In the current pollinator regulations, bee pollen for bee feed and 
used beekeeping equipment may be imported into the United States only 
if they have been treated with ethylene oxide. Ethylene oxide is no 
longer routinely used as a quarantine treatment because it is likely 
carcinogenic to humans. Because we do not have complete information 
supporting the adoption of an alternative treatment for bee pollen for 
bee feed or used beekeeping equipment, we would prohibit their 
importation into the United States, with two exceptions, to prevent the 
introduction of bee diseases and parasites on those commodities. The 
first exception we propose, to allow the importation of used beekeeping 
equipment if that equipment will be used solely for indoor display 
purposes and will not come into contact with indigenous bees, would 
enable museums to import historical beekeeping equipment for 
educational displays. The second exception we propose, to allow the 
importation of bee boards that contain a live brood of bees, other than 
honeybees, from regions listed in Sec. 322.4(c), would facilitate the 
continued importation of certain species of bees from Canada for 
pollination of U.S. crops. New beekeeping equipment would continue to 
be eligible for importation if it complied with all applicable 
regulations (such as the regulations pertaining to unmanufactured wood 
in 7 CFR part 319 and the plant pest regulations in 7 CFR part 330).
    In addition, paragraph (c) of Sec. 322.2 would set forth the 
actions APHIS would take to prevent the introduction of diseases, 
parasites, or undesirable species or subspecies of honeybees into the 
United States as a result of the arrival in the United States of bees, 
beekeeping byproducts, or beekeeping equipment that are not in 
compliance with part 322. Any honeybees, honeybee germ plasm, bees 
other than honeybees, or used beekeeping equipment not in compliance 
with part 322 that are imported into the United States would be 
required to be either immediately exported from the United States by 
the importer or destroyed at the importer's expense.

Costs and Charges (Sec. 322.3)

    Proposed Sec. 322.3 would clarify and combine information on costs 
and charges from 7 CFR 322.7 and 319.76-7. We would furnish, without 
cost, the services of an inspector during normal business hours and at 
the usual places of duty. The importer would be responsible for all 
costs and charges arising from inspection outside of normal business 
hours or away from the usual places of duty. The importer would also be 
responsible for all costs and charges related to the export, 
destruction, or treatments required by part 322. Further, if the 
importer imports bees or germ plasm into a containment facility for 
research or processing, the importer would be responsible for all 
additional costs and charges associated with the importation.

Proposed Subpart B--Importation of Adult Honeybees, Honeybee Germ 
Plasm, and Bees Other Than Honeybees From Approved Regions

    Subpart B would list approved regions from which honeybees, 
honeybee germ plasm, and bees other

[[Page 53848]]

than honeybees may be imported into the United States under subpart B; 
set forth the requirements for importation from those regions; and 
establish the process by which regions may be approved.

Approved Regions (Sec. 322.4)

    Proposed Sec. 322.4(a), (b), and (c) would list approved regions 
from which honeybees, honeybee germ plasm, and bees other than 
honeybees, respectively, may be imported into the United States under 
subpart B.
    Proposed Sec. 322.4(a) would list Australia, Canada, and New 
Zealand as approved regions for the importation of adult honeybees. Of 
these regions, only Canada may currently export honeybees to the United 
States.
    Proposed Sec. 322.4(b) would list Australia, Bermuda, Canada, 
France, Great Britain, New Zealand, and Sweden as approved regions for 
the importation of honeybee germ plasm. All of these countries except 
New Zealand may currently export honeybee germ plasm to the United 
States.
    Proposed Sec. 322.4(c) would list Canada as the only approved 
region for the importation of bees other than honeybees. This would not 
be a change to our regulations; Canada currently exports certain 
species of bees other than honeybees into the United States to 
pollinate crops. Imports from Australia and New Zealand
    Our proposal to allow, under certain conditions, the importation of 
adult honeybees from Australia and adult honeybees and honeybee germ 
plasm from New Zealand is based on two pest risk assessments: ``Pest 
Risk Assessment: Importation of Adult Queens, Package Bees, and Germ 
Plasm of Honeybees (Apis mellifera L.) From Australia'' (referred to 
below as the Australian PRA) and ``Pest Risk Assessment: Importation of 
Adult Queens, Package Bees, and Germ Plasm of Honeybees (Apis mellifera 
L.) From New Zealand'' (referred to below as the New Zealand PRA). 
These pest risk assessments conclude that importations of adult 
honeybees from Australia and adult honeybees and honeybee germ plasm 
from New Zealand would present a negligible risk of introducing exotic 
bee diseases or pests or undesirable species or subspecies of honeybees 
into the United States.
    As a courtesy to the domestic beekeeping industry and our trading 
partners, we made both pest risk assessments available to the public 
for comment prior to the publication of this proposed rule. On December 
9, 1999, we published in the Federal Register (64 FR 68984, Docket No. 
99-091-1) a notice of availability for the New Zealand PRA. On May 3, 
2000, we published in the Federal Register (65 FR 25701, Docket No. 00-
032-1) a notice of availability for the Australian PRA. We solicited 
public comment on each pest risk assessment for 60 days. During their 
respective 60-day comment periods, we received 23 comments on the New 
Zealand PRA and 6 comments on the Australian PRA. Most of these 
comments, however, raised issues that are not directly related to the 
pest risk assessments, such as the quality of honeybees and honeybee 
germ plasm that may be imported from Australia and New Zealand and 
possible trade issues and their related economic consequences for U.S. 
producers arising from those importations. We have responded to all 
comments received on a particular pest risk assessment, whether 
relevant to the pest risk assessment or not, in an addendum to that 
pest risk assessment.
    We have also updated the New Zealand PRA because, since its 
publication, Varroa mite (Varroa jacobsoni) was detected on the North 
Island of New Zealand. In response to the detection of this bee 
parasite, the New Zealand Ministry of Agriculture and Fisheries (MAF) 
immediately restricted the movement of bees and bee products from the 
North Island of New Zealand. Then MAF conducted delimiting surveys to 
determine the extent of the infestation of Varroa mite in that country. 
The delimiting surveys show that the infestation is contained to a 
portion of the North Island of New Zealand and, at present, is 
extensive enough to prevent the eradication of Varroa mite from that 
area. Therefore, MAF, in consultation with New Zealand's beekeeping 
industry, developed a national management plan for Varroa mite. Under 
the management plan, the movement of bees and bee products within the 
North Island of New Zealand is monitored and subject to certain 
restrictions. In addition, the movement of bees and bee products from 
the North Island of New Zealand to the South Island of New Zealand, 
which is considered a pest free area for Varroa mite, is subject to 
permit and restrictions. The management plan also includes surveillance 
plans for the South Island of New Zealand to ensure early detection if 
Varroa mite is introduced to that area of the country. Detailed 
information on New Zealand's Varroa mite management plan is located on 
the Internet at http://www.maf.govt.nz/varroa.
    Our updated New Zealand PRA includes a discussion of the recent 
detection of Varroa mite on the North Island of New Zealand and 
qualitatively assesses the effect of that parasite on importations from 
New Zealand. We are accepting comments on the updated New Zealand PRA 
concurrently with comments on this proposed rule. Please send your 
comments on the updated New Zealand PRA to the address listed under 
ADDRESSES near the beginning of this document.
    Both pest risk assessments, with addenda, are available on the 
Internet at http://www.aphis.usda.gov/ppq/pra/honeybees/, by calling 
the Plant Protection and Quarantine fax vault and requesting either 
document 0512 (New Zealand PRA) or document 0029 (Australian PRA), or 
by contacting the individual listed under FOR FURTHER INFORMATION 
CONTACT near the beginning of this document.

General Requirements (Sec. 322.5)

    Proposed Sec. 322.5(a) would require honeybees, honeybee germ 
plasm, and bees other than honeybees imported from approved regions to 
be shipped directly from an approved region to the United States. This 
would ensure that honeybees, honeybee germ plasm, and bees other than 
honeybees imported from approved regions would not transit any 
nonapproved regions en route to the United States.
    Proposed Sec. 322.5(b) would provide that adult honeybees may only 
be imported under subpart B from approved regions listed in 
Sec. 322.4(a) (i.e., Australia, Canada, and New Zealand). It would also 
state that the honeybees must be package bees or adult queens with 
attending adult honeybees. Adult bees, and particularly package bees 
and adult queens with attending adult honeybees, which are generally 
produced by experienced beekeepers, are less susceptible to diseases 
and parasites than other honeybee life stages. Other honeybee life 
stages, as well as adult honeybees from nonapproved regions, would be 
allowed to be imported into the United States only under subpart C, 
``Importation of Restricted Organisms.''
    Proposed Sec. 322.5(c) would provide that honeybee germ plasm may 
only be imported under subpart B from approved regions listed in 
Sec. 322.4(b) (i.e., Australia, Bermuda, Canada, France, Great Britain, 
New Zealand, and Sweden). Honeybee germ plasm from nonapproved regions 
would be allowed to be imported into the United States only under 
subpart C, ``Importation of Restricted Organisms.''
    Proposed Sec. 322.5(d) would provide that bees other than honeybees 
may only be imported under subpart B from approved regions listed in 
Sec. 322.4(c)

[[Page 53849]]

(i.e., Canada). It would also state that the bees must be live adults 
or live brood. Proposed Sec. 322.5(d) would further provide that only 
bees of the following species may be imported under subpart B: 
Bumblebees of the species Bombus impatiens; bumblebees of the species 
Bombus occidentalis; alfalfa leafcutter bee (Megachile rotundata); blue 
orchard bee (Osmia lignaria); and horn-faced bee (Osmia cornifrons). 
These species generally are commercially produced by experienced 
beekeepers and are not commonly associated with bee disease or parasite 
outbreaks. Other species of bees other than honeybees, as well as 
listed species of bees other than honeybees from nonapproved regions, 
would be allowed to be imported into the United States only under 
subpart C, ``Importation of Restricted Organisms.''

Export Certificate (Sec. 322.6)

    Proposed Sec. 322.6 would require that bees and honeybee germ plasm 
imported under subpart B be accompanied by an export certificate. The 
export certificate would have to be issued by the appropriate 
regulatory agency of the national government of the exporting region.
    For adult honeybees, the export certificate would have to certify 
that the hives from which the honeybees in the shipment were derived 
were individually inspected by an official of the regulatory agency no 
more than 10 days prior to export. In addition, the export certificate 
would have to identify all diseases, parasites, and species or 
subspecies of honeybees found in the hive during that preexport 
inspection. Inspection of the hive would ensure that any disease, 
parasite, or undesirable species or subspecies of honeybee that may be 
present would be detected prior to that shipment's departure from the 
region of origin. The proposed time limit of 10 days would ensure that 
even during peak periods of hive activity, when diseases and parasites 
can move very rapidly through a hive, the preexport inspection would 
offer an accurate assessment of the hive's health status. The 
identification on the export certificate of all diseases, parasites, 
and species or subspecies of honeybees found in the hive during the 
preexport inspection would offer us, as well as persons purchasing 
these imported bees, important information on the status of the bees.
    The export certificate would also have to certify that the bees in 
the shipment were produced in the exporting region and are the 
offspring of queens and drones or semen also produced in the exporting 
region. This requirement would help ensure that the bees would not be 
transshipped from a nonapproved region through an approved region to 
the United States. Honeybees from nonapproved regions would present an 
unacceptable risk of introducing exotic bee diseases or parasites or 
undesirable species or subspecies of honeybees into the United States.
    If adult honeybees were intended for importation into Hawaii, the 
export certificate would also have to certify the following:
     The honeybees in the shipment were inspected by an 
official of the appropriate regulatory agency of the national 
government of the exporting region on the day of export and showed no 
sign of Varroa mite, tracheal mite, or African honeybee;
     The hives from which the honeybees in the shipment are 
derived were individually inspected by an official of the appropriate 
regulatory agency of the national government of the exporting region no 
more than 10 days prior to export and showed no sign of the presence of 
Varroa mite, tracheal mite, or African honeybee;
     The honeybees in the shipment are derived exclusively from 
an apiary situated in the center of a zone of 50 kilometers (31 miles) 
in radius, in which special diagnostic tests, as set forth by OIE, did 
not reveal any sign of the presence of Varroa mite for at least the 
past 2 years;
     The honeybees in the shipment are derived exclusively from 
an apiary situated in the center of a zone of 5 kilometers (3.1 miles) 
in radius, in which no case of tracheal mite has been reported for at 
least the past 8 months; and
     The honeybees in the shipment were raised in and are 
derived exclusively from an apiary that meets the standards of OIE for 
the application of sanitary measures, special breeding techniques, and 
sanitary surveillance related to Varroa mite and tracheal mite.

These inspections and other requirements would ensure that Varroa mite 
and tracheal mite are not introduced into Hawaii. The sizes of the 
zones described above are set by OIE standards.
    Lastly, this paragraph would provide that if an important bee 
disease or parasite of economic and environmental concern to the United 
States, including, but not limited to, Thai sacbrood virus, 
Tropilaelaps clareae, and Euvarroa sinhai, or if an undesirable species 
or subspecies of honeybee, including, but not limited to, the Cape 
honeybee (Apis mellifera capensis) and the Oriental honeybee (Apis 
cerana), were identified on the export certificate as occurring in the 
hive from which the shipment was derived, we would refuse the 
shipment's entry into the United States. This would prevent the 
introduction of exotic bee diseases and parasites, and undesirable 
species and subspecies of honeybees, into the United States.
    For honeybee germ plasm, the requirements would be similar to the 
requirements for adult honeybees imported into the continental United 
States. The export certificate would have to certify that the hives 
from which the germ plasm in each shipment was derived were 
individually inspected by an official of the appropriate regulatory 
agency of the national government of the exporting region no more than 
10 days prior to export; would have to identify any diseases, 
parasites, and undesirable species or subspecies of honeybees found in 
the hive during that preexport inspection; and would have to certify 
that the bees in the hives from which the shipment was derived were 
produced in the exporting region and are the offspring of queens and 
drones or semen also produced in the exporting region. Lastly, we would 
provide that if an important bee disease or parasite of economic and 
environmental concern to the United States, including, but not limited 
to, Thai sacbrood virus, Tropilaelaps clareae, and Euvarroa sinhai, or 
if an undesirable species or subspecies of honeybee, including, but not 
limited to, the Cape honeybee (Apis mellifera capensis) and the 
Oriental honeybee (Apis cerana), were identified on the export 
certificate as occurring in the hive from which the shipment was 
derived, we would refuse the shipment's entry into the United States. 
Our reasons for these requirements are explained above.
    For bees other than honeybees, the export certificate would have to 
certify that the bees in the shipment were produced in the exporting 
region and are the offspring of queens and drones or semen also 
produced in the exporting region. This requirement would help ensure 
that the bees would not be transshipped from a nonapproved region 
through an approved region to the United States. Although bees other 
than honeybees from approved regions present little risk of introducing 
exotic bee diseases or parasites or undesirable species or subspecies 
of honeybees into the United States, bees other than honeybees from 
nonapproved regions would present an unacceptable risk of such 
introductions.

Notice of Arrival (Sec. 322.7)

    Proposed Sec. 322.7 would require that importers notify APHIS at 
least 10

[[Page 53850]]

business days prior to the arrival in the United States of any shipment 
of bees or honeybee germ plasm to be imported into the United States 
under subpart B. This notice would have to include certain information 
about the importer, producer, and shipment. This information would 
allow us to notify the U.S. port of arrival and State authorities in 
the State of destination about the impending shipment and would 
facilitate traceback of shipments if an outbreak of a disease or 
parasite were to occur in the exporting region or in the United States.

Packaging of Shipments (Sec. 322.8)

    Proposed Sec. 322.8 would set forth requirements for packaging for 
honeybees and bees other than honeybees imported under subpart B. We 
would not require any special packaging for honeybee germ plasm 
imported under subpart B because honeybee germ plasm does not present a 
risk of injury to our inspectors at U.S. ports.
    For adult honeybees, we would require that packaging prevent the 
escape of the bees, and we would restrict the materials that may be 
included in the shipment with the bees. These requirements would ensure 
that bees are adequately contained during shipping, therefore 
protecting our inspectors at U.S. ports, and would ensure that 
restricted articles are not packaged with bees arriving in the United 
States from approved regions.
    For bees other than honeybees, the adult bees would have to be 
shipped in packages that:
     Are securely closed;
     Do not include any soil; and
     Include only packing materials that were grown or produced 
in the exporting region and that meet all other applicable requirements 
of title 7, chapter III (such as the regulations pertaining to 
unmanufactured wood in 7 CFR part 319 and the plant pest regulations in 
7 CFR part 330).
    These requirements would help ensure the safety of our inspectors 
and prevent the introduction of exotic diseases or parasites into the 
United States through packing materials.
    In addition, we would allow live brood of bees, other than 
honeybees, imported under subpart B to enter the United States in new 
or used bee boards, as long as those bee boards meet all applicable 
requirements of the regulations.

Mailed Packages (Sec. 322.9)

    Proposed Sec. 322.9 would provide labeling and additional 
documentation requirements for bees and honeybee germ plasm that are 
imported from approved regions through the mail or through commercial 
express delivery. First, we would require that all sides of the outside 
of each package be clearly marked with the contents of the shipment and 
the name of the exporting region. Second, we would require that 
importers using commercial express delivery to import bees and honeybee 
germ plasm from approved regions would have to provide an accurate 
description of the shipment's contents for the shipment's delivery 
manifest entry. Third, we would require that, in addition to an export 
certificate, each package be accompanied at the time of arrival in the 
United States by an invoice or packing list accurately indicating the 
complete contents of the shipment. These requirements would help 
facilitate the importation of these products by providing our 
inspectors with ready access to essential information about the 
shipment.

Packages That Are Hand-Carried or in Personal Baggage Aboard Aircraft 
Arriving in the United States (Sec. 322.10)

    Proposed Sec. 322.10 would provide labeling and additional 
documentation requirements for bees and honeybee germ plasm that are 
hand-carried or carried in personal baggage from approved regions 
aboard aircraft. As with mailed packages, we would require that the 
outside of each package be clearly marked with the contents of the 
shipment and the name of the exporting region. In addition, we would 
require that the person carrying the package declare it at the port of 
entry in the United States by providing a copy of the required export 
certificate to an inspector at the port. These requirements would also 
help facilitate the importation of these products by providing our 
inspectors with ready access to essential information about the 
shipment. We recommend that individuals who intend to import bees and 
honeybee germ plasm from approved regions into the United States in 
this manner contact their airline of choice for any additional 
requirements the airline may have.

Packages That Are Hand-Carried or in a Personal or Commercial Vehicle 
Arriving at a Land Border Port in the United States (Sec. 322.11)

    Proposed Sec. 322.11 would provide additional documentation 
requirements for bees and honeybee germ plasm that are hand-carried or 
in a personal or commercial vehicle, such as an automobile or truck, 
from approved regions to a land border port in the United States. 
Specifically, we would require that the person carrying the bees or 
honeybee germ plasm or the driver of the vehicle present the export 
certificate required by Sec. 322.6 and an invoice or packing slip 
accurately indicating the complete contents of the shipment to the 
inspector at the land border port in the United States. This 
requirement would also help facilitate the importation of these 
products by providing our inspectors with ready access to essential 
information about the shipment.

Inspection; Refusal of Entry (Sec. 322.12)

    Proposed Sec. 322.12 would set forth provisions for the port-of-
entry inspection of bees and honeybee germ plasm imported under subpart 
B. APHIS inspectors would check to see that importers had provided 
timely notice of arrival for a shipment and that shipments have the 
proper packaging and documentation. This inspection would help ensure 
that shipments have been handled in accordance with the regulations.

Ports of Entry (Sec. 322.13)

    Proposed Sec. 322.13 would require that shipments arrive only at a 
U.S. port of entry staffed by an APHIS inspector. This would ensure 
that an APHIS inspector is present to determine whether shipments 
comply with the regulations.

Risk Assessment Procedures for Approving Countries (Sec. 322.14)

    Proposed Sec. 322.14 would set forth the risk assessment procedures 
we would follow when we receive a request to approve a region to import 
honeybees, honeybee germ plasm, or bees other than honeybees into the 
United States. This information will make our review process more 
transparent to our trading partners.
    We would provide that, when we receive a request to import 
honeybees, honeybee germ plasm, or bees other than honeybees from a 
region that is not already approved for such imports, we would perform 
a risk assessment. The risk assessment would identify bee diseases and 
parasites of quarantine significance to the United States, as well as 
undesirable species and subspecies of honeybees, associated with the 
importation; assess the likelihood of the introduction of these 
diseases, parasites, and undesirable species and subspecies of 
honeybees into the United States, as well as the consequences of 
introduction; and consider the effectiveness of the regulatory system 
of the exporting region to control and prevent occurrences of diseases, 
parasites, and undesirable species and

[[Page 53851]]

subspecies of honeybees. For detailed information about what we would 
consider in our risk assessments, please refer to the rule portion of 
this document.

Proposed Subpart C--Importation of Restricted Organisms

    Subpart C would provide the conditions for the importation of 
``restricted organisms.'' The proposed requirements in subpart C would 
be similar, with certain exceptions, to our current regulations for 
importing honeybees and honeybee semen from all countries except 
Canada.

General Requirements (Sec. 322.15)

    As provided in proposed Sec. 322.15, restricted organisms would be 
honeybee brood in the comb, all bees and bee germ plasm from 
nonapproved regions, and species of bees other than honeybees that are 
not listed in Sec. 322.5(d)(2). This section would also provide that 
restricted organisms would be allowed to be imported only for research 
or experimental purposes by Federal, State, and university researchers, 
only under permit, and only in accordance with strict packaging, 
handling, inspection, and post-entry requirements.

Documentation; Applying for a Permit To Import a Restricted Organism 
(Sec. 322.16)

    Proposed Sec. 322.16 would require a restricted organism to be 
accompanied by a permit and an invoice or packing list accurately 
indicating the complete contents of the shipment. Under proposed 
Sec. 322.16(a), to apply for a permit to import a restricted organism, 
an applicant would need to provide specific information about himself 
or herself, the organisms he or she would like to import, the method of 
shipment, the intended U.S. port of entry, the approximate date of the 
shipment's arrival, the containment facility where the shipment is 
destined (including whether that facility has been approved by APHIS), 
and the intended use of the restricted organisms. The application for a 
permit would also need a certification that all statements on the 
application are true and accurate, and the applicant would be required 
to sign the permit application. The information on the permit 
application would help us determine whether the importation presents a 
risk of introducing diseases or parasites harmful to bees, or 
undesirable species and subspecies of honeybees, into the United 
States. This information also would preclude the need for a notice of 
arrival, as we propose to require for the importation of bees and bee 
germ plasm from approved regions.
    In addition, if the applicant is not a U.S. resident, he or she 
would need a sponsor who is a U.S. resident for the permit application. 
The sponsor would have to provide specific information about himself or 
herself on the application and would also have to sign the application, 
certifying that all statements on the application are true and 
accurate. We propose this requirement to identify the individual in the 
United States who will be legally responsible for adhering to the 
conditions provided on the permit, and in subpart C, for the 
importation of the specified restricted organisms.
    Proposed Sec. 322.16(b) would contain the requirement that a 
restricted organism be accompanied by an invoice or packing list 
accurately indicating the complete contents of the shipment. The 
invoice would give essential information to the inspector at the U.S. 
port of entry.

APHIS Review of Permit Applications; Denial or Cancellation of Permits 
(Sec. 322.17)

    Proposed Sec. 322.17 would offer information about the review of 
permit applications, explain why a permit application may be denied or 
a permit canceled, and provide the procedures for appealing the denial 
of a permit application or the cancellation of a permit. Under 
paragraph (a) of this section, the review of each permit application 
would include, at a minimum, review by APHIS and review by the 
destination State. We propose that the destination State may make a 
recommendation about the permit application, but the final decision on 
the permit application would be made by APHIS. Under Sec. 322.17(b), 
once a decision is reached, we would notify the applicant of the 
approval or denial of the permit application. Paragraph (c) of this 
section would provide the reasons why we would deny an application. 
Paragraph (d) would provide the reasons why we would cancel a permit 
and provide the steps that the owner of restricted organisms would have 
to take if we cancel the owner's permit. Finally, paragraph (e) of this 
section would set forth the procedures to appeal the denial of a permit 
application or the cancellation of a permit. Overall, Sec. 322.17 would 
help make our permit application process, including our criteria for 
permit application review, more transparent to permit applicants and 
permit holders.

Packaging of Shipments (Sec. 322.18)

    The packaging requirements for restricted organisms would be 
contained in proposed Sec. 322.18. These requirements would differ from 
the packaging requirements for bees and honeybee germ plasm from 
approved regions because, under our proposal, a restricted organism may 
be from a nonapproved region and may be any life stage of any number of 
species of bee. These organisms could present a health risk to 
indigenous bee populations if they escape. Therefore, to protect 
domestic bees, we propose to require that restricted organisms be 
packed in a container or combination of containers that will prevent 
the escape of the organisms and the leakage of any contained materials 
and that the container be sufficiently strong and durable enough to 
prevent it from rupturing or breaking during shipment.
    In addition, because some life stages of certain bees are routinely 
shipped in materials that are subject to other regulations, such as 
plant material or soil, proposed Sec. 322.18 would list those materials 
approved for packaging of restricted organisms. The list would consist 
of the following: Absorbent cotton or processed cotton padding free of 
cottonseed; cages made of processed wood; cellulose materials; 
excelsior; felt; ground peat (peat moss); paper or paper products; 
phenolic resin foam; sawdust; sponge rubber; thread waste, twine, or 
cord; and vermiculite. We would require advance approval of any 
packaging materials that do not appear on this list.

Mailed Packages (Sec. 322.19)

    Proposed Sec. 322.19 would provide labeling and additional 
documentation requirements for restricted organisms that are imported 
through the mail or through commercial express delivery. Specifically, 
Sec. 322.19 would require shipments to bear a special label provided 
with the permit to import a restricted organism and would require each 
package containing a restricted organism to be addressed only for 
delivery to the containment facility or apiary identified on the 
permit. We propose that, if these requirements are not met, an 
inspector will refuse to allow the restricted organism to enter the 
United States. These requirements would help ensure that a restricted 
organism is properly routed to an approved facility for containment, 
would assist our inspectors by requiring easy access to essential 
information about the shipment, and would help ensure that the 
requirements of the regulations are met.

[[Page 53852]]

Restricted Organisms That Are Hand-Carried or in Personal Baggage 
Aboard Aircraft Arriving in the United States (Sec. 322.20)

    Proposed Sec. 322.20 would provide labeling and additional 
documentation requirements for restricted organisms that are hand-
carried or carried in personal baggage aboard aircraft. First, we would 
require that the outside of each package be clearly marked with the 
contents of the shipment and the name of the exporting region. Second, 
we would require that the person carrying the package declare it at the 
port of entry in the United States by providing a copy of the required 
permit and an invoice or packing list accurately indicating the 
complete contents of the shipment to an inspector at the U.S. port. 
Third, we would allow only the person to whom the permit was issued, or 
another person also listed on the permit, to hand-carry or carry in 
personal baggage a restricted article into the United States. Fourth, 
we propose that, if these requirements are not met, an inspector will 
refuse to allow the restricted organism to enter the United States. 
These requirements would help ensure that a restricted organism is 
properly routed to an approved facility for containment, would assist 
our inspectors by requiring easy access to essential information about 
the shipment, and would help ensure that the requirements of the 
regulations are met. We recommend that individuals who intend to import 
restricted organisms into the United States in this manner contact 
their airline of choice for any additional requirements the airline may 
have.

Restricted Organisms That Are Hand-Carried or in a Personal or 
Commercial Vehicle Arriving at a Land Border Port in the United States 
(Sec. 322.21)

    Proposed Sec. 322.21 would provide additional documentation 
requirements for restricted organisms that are hand-carried or in a 
personal or commercial vehicle, such as an automobile or truck, to a 
land border port in the United States. Specifically, we would require 
that the person carrying the restricted organisms or the driver of the 
vehicle present a copy of the required permit and an invoice or packing 
slip accurately indicating the complete contents of the shipment to the 
inspector at the land border port in the United States. We would allow 
only the person to whom the permit was issued, or another person also 
listed on the permit, to hand-carry or drive a restricted article into 
the United States. We also propose that, if these requirements are not 
met, an inspector will refuse to allow the restricted organism to enter 
the United States. These requirements would ensure that only those 
restricted organisms that meet the requirements of the regulations are 
imported into the United States, while helping facilitate the 
importation of restricted organisms by providing our inspectors with 
ready access to essential information about the shipment.

Inspection; Refusal of Entry (Sec. 322.22)

    Proposed Sec. 322.22 would provide for the inspection of restricted 
organisms at the port of entry. This provision would help ensure that 
shipments have been handled in accordance with the regulations.

Ports of Entry (Sec. 322.23)

    Proposed Sec. 322.23 would require that shipments arrive only at a 
U.S. port of entry staffed by an APHIS inspector. This would ensure 
that an APHIS inspector is present to determine whether shipments 
comply with the regulations.
    We also propose that, as soon as a restricted organism is cleared 
for entry into the United States at the port, the restricted organism 
must be taken directly to the containment facility or apiary identified 
on the permit. We would require that packages of restricted organisms 
may be opened only in the containment facility or apiary identified on 
the permit. These requirements would prevent contact between restricted 
organisms and indigenous bees and would, therefore, reduce the 
potential for the introduction of exotic bee diseases and parasites, 
and undesirable species and subspecies of honeybees, into the U.S. bee 
population.

Post-Entry Handling (Sec. 322.24)

    Proposed Sec. 322.24 would provide performance standards that an 
apiary or facility must meet in order to be approved by APHIS to accept 
restricted organisms. These requirements would ensure that restricted 
organisms are adequately separated from indigenous bees and that 
restricted organisms are observed and determined to be free of diseases 
and parasites, and, if applicable, determined to be a desirable species 
or subspecies of honeybee, before release from containment. For the 
specific performance standards, refer to the rule portion of this 
document. This section would also provide the conditions under which 
restricted organisms may be released from containment. The conditions 
include rearing the restricted organisms through at least 4 months of 
active reproduction before applying for their release. The application 
for release would have to include complete information on the 
observation and inspection of the bees, including, but not limited to, 
their health and behavior. This would ensure that only bees that do not 
present a risk of introducing diseases or parasites, and that are not 
an undesirable species or subspecies of honeybee, would be released 
from containment.

Proposed Subpart D--Transit of Restricted Organisms Through the United 
States

    Subpart D would provide requirements for transiting restricted 
organisms through the United States. The proposed provisions in this 
subpart are based on the current transit requirements for honeybees 
from New Zealand (see current Sec. 322.1(e)).

General Requirements (Sec. 322.25)

    Paragraph (a) of proposed Sec. 322.25 would prohibit the transit of 
restricted organisms through the United States except in accordance 
with the proposed subpart. Paragraph (b) of this section would provide 
that transit shipments may only be shipped aboard aircraft to the 
United States for transit to another country. Paragraph (c) would limit 
the number of times a transit shipment may be transloaded from one 
aircraft to another aircraft. Under paragraph (c), a shipment of 
restricted organisms may only be transloaded at an airport on the 
continental United States and, regardless of the number of stops the 
shipment makes at different airports on the continental United States, 
the shipment may only be transloaded once during its entire transit 
through the United States. We would prohibit the transloading of 
restricted organisms at any port in Hawaii; in Hawaii, the restricted 
organisms would have to remain on, and depart for another destination 
from, the same aircraft on which the shipment arrived at the Hawaiian 
port. Paragraph (d) of this section would provide that if bees from 
approved regions may not enter Hawaii because of the presence of Varroa 
mite, tracheal mite, or African honeybee, those bees may transit Hawaii 
en route to another State or territory of the United States only if the 
shipment of bees meets the requirements of proposed subpart D, as well 
as other applicable requirements in the part. These requirements would 
help facilitate the monitoring and the movement of transit shipments of 
restricted articles, while protecting against the introduction of 
exotic bee diseases and parasites, and undesirable species and 
subspecies of honeybees, into the United States.

[[Page 53853]]

Documentation (Sec. 322.26)

    Under proposed Sec. 322.26, each shipment of restricted organisms 
transiting the United States must be accompanied by a document issued 
by the appropriate regulatory agency of the national government of the 
exporting region. The document must state that the packaging 
requirements of this subpart have been met. This provision would help 
ensure that the requirements of the regulations have been met.

Packaging of Transit Shipments (Sec. 322.27)

    Proposed Sec. 322.27 would list the packaging requirements for 
transit shipments of restricted organisms. These requirements are 
similar to the proposed packaging requirements for restricted organisms 
for importation into the United States. However, we do not propose to 
place restrictions on the materials that can be used for packaging 
restricted organisms transiting the United States because those 
shipments will not be unpacked in the United States. These requirements 
would protect our inspectors and indigenous bee populations and would 
provide essential information to inspectors at the transit port.

Notice of Arrival (Sec. 322.28)

    We would also require a notice of arrival for transit shipments of 
restricted organisms. In proposed Sec. 322.28, we would require 
importers to notify APHIS at least 2 business days prior to the arrival 
in the United States of any transit shipments of restricted organisms. 
This notice would have to include certain information about the 
shipper, receiver, airline, shipment, and port(s) of arrival in the 
United States. This information would allow us to notify the U.S. 
port(s) where the transit shipment is due to arrive en route to another 
country.

Inspection and Handling (Sec. 322.29)

    Proposed Sec. 322.29 would provide requirements for inspection and 
handling of transit shipments. Paragraph (a) of this section would 
provide that transit shipments would be subject to inspection at the 
U.S. port and could be destroyed by us if the shipment does not meet 
the requirements of the regulations. Paragraph (b) would set forth the 
conditions for transloading transit shipments of restricted organisms 
from one aircraft to another in the United States. This paragraph would 
require that the transloading of adult bees and bee germ plasm from one 
aircraft to another aircraft at the port of arrival in the United 
States occur under the supervision of an inspector. It would also 
require that if the adult bees cannot be transloaded immediately to the 
subsequent flight, the bees must be stored within a completely enclosed 
building. Lastly, it would prohibit the transloading of adult bees from 
an aircraft to ground transportation for subsequent movement through 
the United States. These conditions are designed to ensure the safety 
of our inspectors and to ensure that restricted organisms transiting 
the United States do not come into contact with indigenous bees.

Eligible Ports for Transit Shipments (Sec. 322.30)

    Lastly, proposed Sec. 322.30 would require that transit shipments 
arrive in the United States only at a U.S. port of entry staffed by an 
APHIS inspector. This would ensure that an APHIS inspector is present 
to determine whether shipments comply with the regulations and would be 
consistent with the requirements for the importation of bees in other 
subparts of the proposed regulations.

Proposed Subpart E--Importation and Transit of Restricted Articles

    Subpart E would provide the conditions for the importation and 
transit of ``restricted articles.''

General Requirements; Restricted Articles (Sec. 322.31)

    Section 322.31 would list the following as restricted articles: 
Dead bees, beeswax for beekeeping, and honey for bee feed.\1\
---------------------------------------------------------------------------

    \1\ Honey for human consumption is regulated by the Food and 
Drug Administration under 21 CFR part 168.
---------------------------------------------------------------------------

Dead Bees (Sec. 322.32)

    Under Sec. 322.32, dead bees could be imported into the United 
States without further restriction if they are immersed in a 70 percent 
alcohol solution or in liquid nitrogen, or if they are pinned and dried 
in the manner of scientific specimens. This requirement would ensure 
that exotic bee diseases and parasites are not introduced through the 
importation of dead bees.

Export Certificate (Sec. 322.33)

    For beeswax for beekeeping and honey for bee feed, we would require 
an export certificate, in accordance with proposed Sec. 322.33. The 
export certificate would have to be issued by the appropriate 
regulatory agency of the national government of the exporting region 
and would have to state that the restricted articles have been treated 
in accordance with the regulations. We would require beeswax to be 
liquefied and honey for bee feed to be heated to 212  deg. F (100 
deg.C) for 30 minutes. These treatments for beeswax and honey are the 
same as those currently required by Sec. 319.76-4(c)(2) and (3), 
respectively, of the pollinator regulations and help prevent the 
introduction of diseases through the importation of these articles. The 
export certificate would help ensure that the treatments have been 
performed in accordance with the regulations.
    Because restricted articles must be treated prior to importation 
into the United States, we are not proposing any specific packaging 
requirements for restricted articles. We recommend, however, that 
individuals who intend to import restricted articles into the United 
States contact their shipper of choice for any requirements the shipper 
may impose on the packaging of restricted articles.

Notice of Arrival (Sec. 322.34)

    Proposed Sec. 322.34 would require that importers notify APHIS at 
least 10 business days prior to the arrival in the United States of any 
shipment of restricted articles. This notice would have to include 
certain information about the importer, producer, recipient of the 
articles, and shipment. This information would allow us to notify the 
U.S. port of arrival about the impending shipment and would facilitate 
traceback of shipments if an outbreak of a disease or parasite were to 
occur in the exporting region or in the United States.

Mailed Packages (Sec. 322.35)

    Proposed Sec. 322.35 would provide labeling and additional 
documentation requirements for restricted articles that are imported 
through the mail or through commercial express delivery. First, we 
would require that all sides of the outside of each package be clearly 
marked with the contents of the shipment and the name of the exporting 
region. Second, we would require that importers using commercial 
express delivery to import restricted articles would have to provide an 
accurate description of the shipment's contents for the shipment's 
delivery manifest entry. Third, we would require that, in addition to 
an export certificate, each package be accompanied at the time of 
arrival in the United States by an invoice or packing list accurately 
indicating the complete contents of the shipment. These requirements 
would facilitate the importation of restricted articles by providing 
our inspectors

[[Page 53854]]

with ready access to essential information about the shipment.

Restricted Articles That Are Hand-Carried or in Personal Baggage Aboard 
Aircraft Arriving in the United States (Sec. 322.36)

    Proposed Sec. 322.36 would provide labeling and additional 
documentation requirements for restricted articles that are hand-
carried or carried in personal baggage aboard aircraft. As with mailed 
packages, we would require that the outside of each package be clearly 
marked with the contents of the shipment and the name of the exporting 
region. In addition, we would require that the person carrying the 
package declare it at the port of entry in the United States by 
providing a copy of the required export certificate to an inspector at 
the port. These requirements would also help facilitate the importation 
of these products by providing our inspectors with ready access to 
essential information about the shipment. We recommend that individuals 
who intend to import restricted articles into the United States in this 
manner contact their airline of choice for any additional requirements 
the airline may have.

Restricted Articles That Are Hand-Carried or in a Personal or 
Commercial Vehicle Arriving at a Land Border Port in the United States 
(Sec. 322.37)

    Proposed Sec. 322.37 would provide additional documentation 
requirements for restricted articles that are hand-carried or in a 
personal or commercial vehicle, such as an automobile or truck, to a 
land border port in the United States. Specifically, we would require 
that the person carrying the restricted article or the driver of the 
vehicle present the export certificate required by Sec. 322.33, if 
applicable, and an invoice or packing slip accurately indicating the 
complete contents of the shipment to the inspector at the land border 
port in the United States. This requirement would also help facilitate 
the importation of restricted articles by providing our inspectors with 
ready access to essential information about the shipment.

Inspection; Refusal of Entry (Sec. 322.38)

    Proposed Sec. 322.38 would provide for the inspection of restricted 
articles. Inspectors would check to see that importers provided notice 
of arrival for the shipment and that shipments have proper 
documentation. These provisions would help ensure that shipments have 
been handled in accordance with the regulations.

Ports of Entry (Sec. 322.39)

    Under Sec. 322.39, we would also require that shipments arrive only 
at a U.S. port of entry staffed by an APHIS inspector. This would 
ensure that an APHIS inspector is present to determine whether 
shipments comply with the regulations.

Review of Existing Regulations

    This proposed rule is part of the cyclical review of Part 322--
Importation of Honeybees and Honeybee Semen to meet regulatory review 
requirements. Executive Order 12866 and Department Regulation 1512-1 
require that agencies initiate reviews of currently effective rules to 
reduce regulatory burden and minimize effects on small entities.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be significant for the purposes of 
Executive Order 12866 and, therefore, has been reviewed by the Office 
of Management and Budget.
    We do not have enough data for a comprehensive analysis of the 
economic effects of this proposed rule on small entities. Therefore, in 
accordance with 5 U.S.C. 603, we have performed an initial regulatory 
flexibility analysis for this proposed rule. This analysis, which is 
set out below, discusses the economic impact of this proposed rule on 
small entities. The discussion also serves as our cost-benefit analysis 
under Executive Order 12866.
    We invite comments about this proposed rule as it relates to small 
entities. In particular, we are interested in determining the number 
and kinds of small entities that may incur benefits or costs from 
implementation of this proposed rule and the economic effects of those 
benefits or costs.
    We are proposing to consolidate and amend the regulations for the 
importation of honeybees and honeybee semen and the regulations 
established to prevent the introduction of exotic bee diseases and 
parasites through the importation of bees other than honeybees, certain 
beekeeping byproducts, and used beekeeping equipment. Among other 
things, we are proposing to allow, under certain conditions, the 
importation into the United States of honeybees from Australia and 
honeybees and honeybee germ plasm from New Zealand. These proposed 
changes would make these regulations more consistent with international 
standards, update them to reflect current research and terminology, and 
simplify them and make them more useful.

Honey Production in the United States

    The United States is the second largest honey producer in the 
world. In 2001, the United States had a registered stock of about 2.5 
million honeybee colonies, as shown below in Table 1. These honeybee 
colonies were owned by beekeepers with five or more colonies and 
produced nearly 186 million pounds of honey valued at $127 million. 
Largely due to bee parasite problems (i.e., varroa mite), the number of 
honey bee colonies in the United States has been in decline, having 
decreased from 3.4 million in 1994 to 2.5 million colonies in 2001.

            Table 1.--Honeybee Colonies, Honey Production, and Value in the United States, 1997-2001
----------------------------------------------------------------------------------------------------------------
                                                                                 Honeybee           Value of
                          Year                                Honeybee       production  (in    production  (in
                                                              colonies           pounds)         U.S. Dollars)
----------------------------------------------------------------------------------------------------------------
1997...................................................          2,631,000        196,536,000       $147,795,000
----------------------------------------------------------------------------------------------------------------
1998...................................................          2,633,000        220,316,000        147,254,000
----------------------------------------------------------------------------------------------------------------
1999...................................................          2,688,000        205,250,000        126,075,000
----------------------------------------------------------------------------------------------------------------
2000...................................................          2,620,000        220,339,000        132,742,000
----------------------------------------------------------------------------------------------------------------
2001...................................................          2,513,000        185,926,000       127,060,000
----------------------------------------------------------------------------------------------------------------
 Source: Honey Report (February 28, 2002), National Agricultural Statistics Service (NASS), Agricultural
  Statistics Board, U.S. Department of Agriculture.


[[Page 53855]]

    An estimated 125,000 to 150,000 beekeepers in the United States 
operate the 2.5 million honeybee colonies (NASS, Honey Report, 2002). 
Less than 2 percent of these beekeepers in the United States are full-
time (commercial) operators (i.e., with 300 or more bee colonies). More 
than 90 percent are hobbyists (i.e., with fewer than 25 bee colonies). 
The remainder are part-time (i.e., with 25 to 299 bee colonies).
    According to the 1997 U.S. Census of Agriculture, there were 7,688 
commercial apiaries registered in the United States in that year that 
sold honey and 910 commercial apiaries that offered their honeybees for 
pollination services (Table 2). Total annual sales of honey and other 
bee products amounted to $138.23 million that year. California, 
Florida, South Dakota, North Dakota, Minnesota, and Texas accounted for 
more than half of both U.S. bee colonies and honey production. Hawaii, 
with 38 registered commercial apiaries in 1997, was responsible for 
0.5% of the U.S. domestic commercial sales. However, Hawaii is the only 
U.S. State that is able to export honeybees because of its disease-free 
status.

                              Table 2.--Honeybee Colonies and Honey, Inventory and Sales in Major States and Hawaii in 1997
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Commercial sales of bee colonies and honey
                                                           Inventory of  -------------------------------------------------------------------------------
                          State                              all U.S.      (a) Colonies of bees            (b) Honey
                                                            registered   ---------------------------------------------------- Value of sales   % of U.S.
                                                           apiaries \1\    Apiaries     Number     Apiaries       Pounds          (a + b)        sales
--------------------------------------------------------------------------------------------------------------------------------------------------------
California..............................................           1,021          68      79,239         733      28,305,056     $23,167,000        16.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Florida.................................................             645          35       5,524         482      16,471,427      13,461,000         9.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
S. Dakota...............................................             219          16       8,305         132      14,225,757      11,351,000         8.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
N. Dakota...............................................             144          11       2,184         120      12,803,245      10,330,000         7.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Texas...................................................             989          57     106,028         360       8,418,792       7,906,000         5.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minnesota...............................................             428          37       9,813         258       9,311,475       7,744,000         5.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sum of 6................................................           3,446         224     211,093       2,085      89,535,752      73,959,000        53.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hawaii..................................................              75           4          16          34         949,769         735,000         0.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
United States...........................................          17,469         910     380,463       7,688     158,943,634    138,228,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: National Agricultural Statistics Service (NASS), 1997 U.S. Census of Agriculture, USDA.
\1\ Both commercial and hobbyists' apiaries.

Bee Pollination in the United States

    Honeybees, in addition to producing honey, play a vital role in the 
pollination of U.S. agricultural crops. In 1987, the annual value of 
agricultural production dependent upon pollination by honeybees in the 
United States was $9.6 billion; by 1999, that value had risen to $14.6 
billion. More than 40 percent of fruit and nut production in the United 
States depends upon honeybee pollination ($4.76 billion out of $10.94 
billion average annual value), as does more than 70 percent of 
vegetable and melon production ($2.98 billion out of $3.96 billion), 
and around 21 percent of field crop production ($6.82 billion out of 
$32.06 billion).\2\
---------------------------------------------------------------------------

    \2\ ``The Value of Honey Bees as Pollinators of U.S. Crops in 
2000.'' Bee Culture Magazine, March 2000.
---------------------------------------------------------------------------

    Other bees besides honeybees also provide important pollination 
services. The alfalfa leafcutter bee (Megachile rotundata), for 
example, has become the principal alfalfa pollinator in several Western 
States. Other bee species that are commonly used for pollination 
purposes are bumblebees (Bombus occidentalis and Bombus impatiens), 
blue orchard bees (Osmia lignaria), and horn-faced bees (Osmia 
cornifrons). Bumblebees are pollinators of many plants, especially 
those growing at high elevations and in greenhouses. Blue orchard bees 
are an alternate pollinator species of orchard crops such as almonds. 
Apiculture pollination is especially vital to the fruit, nut, and 
vegetable production of California and Florida. As the demand for these 
products increases, so too does the corresponding demand for bee 
pollination services.

International Bee Trade

    Reported data on U.S. imports of bees exist only for the alfalfa 
leafcutter bee, a species used only for crop pollination. The value of 
U.S. imports of alfalfa leafcutter bees from Canada increased from $6.5 
million in 1996, to $11.4 million in 1999, and has since declined to $5 
million in 2001 (Table 3). Alfalfa leafcutter bee larvae are generally 
imported into the United States exclusively from Canada; however, in 
1996, small amounts of alfalfa leafcutter bee larvae were imported 
illegally from Colombia and Ghana.

[[Page 53856]]



 Table 3.--U.S. Imports of Live Leafcutter Bee (Non-Apis) Larvae, 1996-
                                  2001
------------------------------------------------------------------------
                                                          U.S. Customs
             Year                 Exporting country      value (in U.S.
                                                            dollars)
------------------------------------------------------------------------
1996..........................  (1) Canada...........         $6,526,580
                                (2) Ghana............              2,100
                                World................          6,528,680
------------------------------------------------------------------------
1997..........................  (1) Canada...........          9,319,641
                                World................          9,319,641
------------------------------------------------------------------------
1998..........................  (1) Canada...........         10,382,341
                                World................         10,382,341
------------------------------------------------------------------------
1999..........................  (1) Canada...........         11,393,247
                                World................         11,393,247
------------------------------------------------------------------------
2000..........................  (1) Canada...........          7,169,000
                                (2) United Kingdom...              5,000
                                World................          1,174,000
------------------------------------------------------------------------
2001..........................  (1) Canada...........          5,033,000
                                (2) Belgium..........              3,000
                                World................         5,036,000
------------------------------------------------------------------------
Source: U.S. Department of Commerce and World Trade Atlas. Commodity
  code (0106005030), Leaf Cutter Bee Larvae, Live.

    There are no data available on traded honeybees and honeybee 
queens, except for exports from New Zealand (Table 4) and imports into 
Canada (Tables 5a and 5b). These data provide an indication of the size 
of trade of honeybees amongst the biggest traders. Canada's largest 
trading partners are the United States for honeybee queens and New 
Zealand for honeybee workers.\3\ International trade data on honeybees 
are not readily available, because only when a country requires an 
import or an export certificate does it report the corresponding data. 
For example, Canada requires import certificates for honeybees and thus 
reports only import data. The United States currently does not require 
import permits for most imports of bees and bee products. Under this 
proposal, an import permit would be required for restricted organisms 
(honey brood in the comb, all bees and bee germ plasm from nonapproved 
regions, and species of honeybees not listed in Sec. 322.5(d)(2)). 
There is no cost for an import permit.
---------------------------------------------------------------------------

    \3\ Hawaii is the only U.S. State that may export honeybees.

     Table 4.--New Zealand's Exports of Honeybee Queens and Honeybee
                           Packages, 1996-2000
------------------------------------------------------------------------
                                                               Honeybee
                     Year                         Honeybee     packages
                                                   queens      (1.5 kg)
------------------------------------------------------------------------
1996..........................................          500       55,181
1997..........................................        1,300       45,865
1998..........................................       10,724       52,704
1999..........................................       10,965       15,908
2000..........................................       21,120      19,344
------------------------------------------------------------------------
Source: Data have been provided by AgriQuality New Zealand and published
  annually in ``New Zealand Beekeeper'' magazine, August issues; Web
  site: http//www.beekeeping.co.nz/nzbkpg/glance.htm.


                                   Table 5a.--Canadian Imports of Live Honeybee Queens From Major Suppliers, 1996-2001
                                                                  (In Canadian dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Countries                              1996            1997            1998            1999            2000            2001
--------------------------------------------------------------------------------------------------------------------------------------------------------
United States...........................................        $545,392        $708,279      $2,241,361      $1,616,708      $1,758,663      $1,805,442
                                                                   (52%)           (71%)           (81%)           (82%)           (82%)           (82%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Zealand.............................................        $325,864        $143,953        $225,176        $102,849         $62,436         $27,475
                                                                   (31%)           (14%)            (8%)            (5%)            (3%)            (1%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Australia...............................................        $183,540        $150,870         $99,915        $168,356         $77,170         $79,436
                                                                   (17%)           (15%)            (4%)            (9%)            (4%)            (4%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
People's Republic of China..............................  ..............  ..............        $178,886         $59,058         $85,483        $125,815
                                                                                                    (7%)            (3%)            (4%)            (6%)
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 53857]]

 
Italy...................................................  ..............  ..............          $7,417         $17,065          $7,835          $8,620
--------------------------------------------------------------------------------------------------------------------------------------------------------
Argentina...............................................  ..............  ..............               0               0         $28,219               0
--------------------------------------------------------------------------------------------------------------------------------------------------------
France..................................................  ..............  ..............               0            $187          $6,446         $13,014
--------------------------------------------------------------------------------------------------------------------------------------------------------
Germany.................................................  ..............  ..............          $2,228         $12,104            $800          $3,390
--------------------------------------------------------------------------------------------------------------------------------------------------------
United Kingdom..........................................  ..............  ..............          $1,384          $4,818          $1,033          $3,304
--------------------------------------------------------------------------------------------------------------------------------------------------------
Taiwan..................................................  ..............  ..............          $3,353          $1,114          $2,254               0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Togo....................................................  ..............  ..............          $5,832               0               0               0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Denmark.................................................  ..............  ..............            $274               0             $67          $4,477
--------------------------------------------------------------------------------------------------------------------------------------------------------
Brazil..................................................  ..............  ..............               0               0               0          $2,431
--------------------------------------------------------------------------------------------------------------------------------------------------------
Norway..................................................  ..............  ..............               0            $419          $1,951               0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Netherlands.............................................  ..............  ..............            $413               0          $1,267               0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Malaysia................................................  ..............  ..............               0               0            $404               0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Japan...................................................  ..............  ..............               0            $145               0            $153
--------------------------------------------------------------------------------------------------------------------------------------------------------
India...................................................  ..............  ..............               0             $93               0               0
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Total...............................................      $1,054,796      $1,003,102      $2,766,239      $1,982,916      $2,034,020     $2,073,557
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: Agricultural Canada, Horticulture and Special Crops Division, Commodity HS Code 0106.000030.


                                         Table 5b.--Canadian Imports of Live Honeybees, Except Queens, 1996-2001
                                                                  [In Canadian dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Countries                              1996            1997            1998            1999            2000            2001
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Zealand.............................................      $1,240,178      $1,931,210      $1,659,455        $778,019        $295,089        $304,074
                                                                   (83%)           (73%)           (74%)           (56%)           (43%)           (41%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
United States*..........................................        $161,077        $346,642        $368,430        $195,102        $166,364        $179,974
                                                                   (11%)           (13%)           (16%)           (14%)           (24%)           (24%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Australia...............................................         $93,551        $375,476        $176,165        $423,729        $229,089        $262,365
                                                                    (6%)           (14%)            (8%)           (30%)           (43%)           (35%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Netherlands.............................................               0               0         $45,490               0               0               0
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................      $1,494,806      $2,653,328      $2,249,540      $1,396,850        $691,398       $746,413
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: Agricultural Canada, Horticulture and Special Crops Division, Commodity HS Code 0106.0000.
*The State of Hawaii only.

Potential Effects for U.S. Entities

    In 1997, California honeybee producers sold $18.4 million worth of 
honeybee queens, package bees, and nucs (i.e., 3, 4, or 5 frames of 
bees with brood and a laying queen). Sales from the rest of the United 
States brought the U.S. total sales of honeybee queens, package bees, 
and nucs to about $30 million for 1997. Since then, there have been 
slight increases in prices for honeybee queens and package bees, 
reflecting increased demand. Domestically produced honeybee queens 
currently sell for an average of $10 to $12 per queen, but their price 
may range between $3 and $40, depending on the season. Queens 
possessing unique or exceptional characteristics are occasionally 
auctioned off for hundreds of dollars. Domestically produced package 
bees currently sell for between $30 and $42 for a 3-pound colony.
    This rule places U.S. produced queens and package bees, for the 
first time, in direct competition in the domestic market with imports 
of these types of bees from Australia and New Zealand. Imported bees 
are expected to arrive between early spring (end of March/early April) 
and the end of May. Because of seasonal differences between the United 
States and Australia and New Zealand, the adoption of this rule is 
expected to have a small, if any, negative impact on continental U.S. 
apiarists whose bees are ready to pollinate crops just as Australian 
and New Zealand bee imports cease with the beginning of winter in the 
southern hemisphere.
    Because of the expected shipping season for honey bees from 
Australia and New Zealand, the greatest potential impact of the 
proposed rule would likely be on bee producers in Hawaii

[[Page 53858]]

who produce honey bees year-round. Honey bees, particularly queen bees, 
from Australia and New Zealand would probably enter the U.S. market 
during early spring (i.e., the beginning of active reproduction in bee 
colonies and a critical time for queen introduction). Traditionally, 
only Hawaii, because of its tropical climate, has been able to provide 
queens to U.S. beekeepers during this time period. Therefore, imports 
of queens from Australia and New Zealand may affect the prices of all 
queens sold during early spring. However, we do not expect this 
proposed rule to have a significant economic effect on Hawaiian queen 
producers or other U.S. beekeepers for two reasons. First, data from 
imports into Canada of queens and package bees demonstrate that 
Hawaiian queens have a strong marketability; of the queens imported 
into Canada between 1997 and 2001, Hawaii supplied on average 80 
percent, while Australia and New Zealand supplied on average only 7 
percent and 6 percent, respectively (Table 5a). Second, there have been 
reports from U.S. beekeepers of an insufficient supply of queens that 
are needed to revitalize bee colonies in early spring. California fruit 
and nut producers, in particular, also experience shortages of 
pollinators as honey bees from the continental United States are still 
in winter hibernation and those from Hawaii are not enough to meet 
demand at that time of the year. Therefore, based on the high demand 
for pollination services and the uncertainty in the amount of imports 
to fulfill this demand, the price of Hawaiian early spring honey bees 
is not expected to fall significantly with the importation of honey 
bees. In general, expanded supplies of honey bees made possible through 
this action might reduce their price only slightly if demand is 
elastic, with greater price decreases possible if demand is inelastic. 
We request information on demand elasticity for bees for the purpose of 
estimating impacts on U.S. bee suppliers and purchasers.
    While Hawaiian suppliers may witness some price decline, such 
losses to suppliers would not be expected to exceed gains to purchasers 
of bees, who in general would benefit by increased availability of 
honey bees, particularly queens, during early spring. However, we do 
not have information on the volume of queens or package bees that may 
be imported into the United States from Australia and New Zealand or on 
the potential demand for imports of queens and package bees from 
Australia and New Zealand. Therefore, we cannot quantitatively assess 
the effects those imports would have on U.S. producers of queen and 
package bees. We request information on such potential import volumes.
    Foreign government inspectors visit their countries' apiaries twice 
a year and provide their honeybee producers with health certificates 
for exporting these bees. The price of the export certificate is 
included in the sale price of these honeybees. The fees that the 
Australian, New Zealand, and Canadian Governments charge their bee 
producers for the certificates are small, to help allow their honeybee 
export prices to be competitive with foreign prices. We request 
information on potential costs associated with issuing health 
certificates for bees.

Economic Effect on Small Entities

    According to the North American industry classification used by the 
Small Business Administration, honeybee farms and honey production are 
included under the ``other animal production'' category 1129, as sub 
category 112910 ``apiculture.'' This industry comprises establishments 
primarily engaged in raising bees; collecting honey; and/or selling 
queen bees, packages of bees, royal jelly, bees' wax, propolis, venom, 
or other bee products. Such entities are considered small if they have 
annual receipts of $750,000 or less. Therefore, most of the apiaries 
that would be affected by this proposed rule qualify under this 
definition of a ``small entity.'' Specifically, only 20 to 50 apiaries 
out of 17,469 total apiaries in 1997 had more than $750,000 of annual 
sales. We do not expect that U.S. apiarists, or importers and 
distributors of bees and bee equipment, large or small, would be 
significantly affected by this rule.
    As discussed above, the number of honeybee colonies in the United 
States has fallen from 3.4 million in 1994, to 2.5 million in 2001, due 
to Varroa mites, an exotic bee parasite. Meanwhile, the demand for 
honeybees and other pollinating bees continues to increase, especially 
during the early spring months when continental U.S. bees are not 
available to pollinate almonds and plums in California. Therefore, 
greater access to bee imports from more countries will benefit U.S. 
agriculture in general.

Alternatives Considered

    An alternative to this proposed rule was to make no changes in the 
regulations. After consideration, we rejected this alternative because 
there appears to be no disease or parasite risk, or risk of 
introduction of undesirable species of honeybees, associated with 
imports of bees from the regions we propose to designate as approved 
regions. Further, the changes to the regulations proposed in this 
document would bring the regulations into accord with international 
standards for the trade of bees and with international trade agreements 
entered into by the United States.
    This proposed rule contains various recordkeeping and reporting 
requirements. These requirements are described in this document under 
the heading ``Paperwork Reduction Act.''

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.

National Environmental Policy Act

    APHIS' National Environmental Policy Act implementing procedures (7 
CFR part 372) identify actions that normally require environmental 
assessments, including rulemakings designed to remedy specific animal 
and plant health risks. The pest risk assessments supporting this 
proposed rule indicate that no new animal or plant health risks would 
result from the adoption of the provisions outlined in this proposed 
rule. Further, the proposed regulations would not irrevocably commit 
the Agency to allow the movement or environmental release of any 
organisms or articles for which APHIS has jurisdiction under the 
Honeybee Act or Plant Protection Act. Consequently, we have determined 
that an environmental assessment is not necessary for this proposed 
rule. If APHIS were to consider a permit application to release a 
regulated organism into the environment under the provisions of this 
proposed rule, an environmental assessment or environmental impact 
statement may be prepared as part of APHIS' decisionmaking process.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and

[[Page 53859]]

Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. 98-109-1. 
Please send a copy of your comments to: (1) Docket No. 98-109-1, 
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River 
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer, 
OCIO, USDA, room 404-W, 14th Street and Independence Avenue SW., 
Washington, DC 20250. A comment to OMB is best assured of having its 
full effect if OMB receives it within 30 days of publication of this 
proposed rule.
    The implementation of the proposal would require us to engage in 
certain information collection activities, which in turn would 
necessitate the use of forms and other information collection and 
recordkeeping documents. These forms and other documents would include 
export certificates, notices of arrival, applications for permits to 
import restricted organisms, transit documentation, labeling of 
shipments, risk assessments, and records kept by containment 
facilities. We are asking OMB to approve this information collection.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.1742 hours per response.
    Respondents: Importers of bees and related articles, foreign 
governments, and containment facilities.
    Estimated annual number of respondents: 95.
    Estimated annual number of responses per respondent: 17.03.
    Estimated annual number of responses: 1,618.
    Estimated total annual burden on respondents: 282 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

List of Subjects

7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery stock, 
Plant diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

7 CFR Part 322

    Bees, Honey, Imports, Reporting and recordkeeping requirements.

    Accordingly, we propose to amend 7 CFR chapter III 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. 166, 450, 7711-7714, 7718, 7731, 7732, and 
7751-7754; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

    2. In part 319, ``Subpart Exotic Bee Diseases and Parasites,'' 
Secs. 319.76 through 319.76-8, would be removed.
    3. Part 322 would be revised to read as follows:

PART 322--BEES, BEEKEEPING BYPRODUCTS, AND BEEKEEPING EQUIPMENT

Subpart A--General Provisions
Sec.
322.1   Definitions.
322.2   General requirements for interstate movement and 
importation.
322.3   Costs and charges.
Subpart B--Importation of Adult Honeybees, Honeybee Germ Plasm, and 
Bees Other Than Honeybees From Approved Regions
322.4   Approved regions.
322.5   General requirements.
322.6   Export certificate.
322.7   Notice of arrival.
322.8   Packaging of shipments.
322.9   Mailed packages.
322.10   Packages that are hand-carried or in personal baggage 
aboard aircraft arriving in the United States.
322.11   Packages that are hand-carried or in a personal or 
commercial vehicle arriving at a land border port in the United 
States.
322.12   Inspection; refusal of entry.
322.13   Ports of entry.
322.14   Risk assessment procedures for approving countries.
Subpart C--Importation of Restricted Organisms
322.15   General requirements; restricted organisms.
322.16   Documentation; applying for a permit to import a restricted 
organism.
322.17   APHIS review of permit applications; denial or cancellation 
of permits.
322.18   Packaging of shipments.
322.19   Mailed packages.
322.20   Restricted organisms that are hand-carried or in personal 
baggage aboard aircraft arriving in the United States.
322.21   Restricted organisms that are hand-carried or in a personal 
or commercial vehicle arriving at a land border port in the United 
States.
322.22   Inspection; refusal of entry.
322.23   Ports of entry.
322.24   Post-entry handling.
Subpart D--Transit of Restricted Organisms Through the United States
322.25   General requirements.
322.26   Documentation.
322.27   Packaging of transit shipments.
322.28   Notice of arrival.
322.29   Inspection and handling.
322.30   Eligible ports for transit shipments.
Subpart E--Importation and Transit of Restricted Articles
322.31   General requirements; restricted articles.
322.32   Dead bees.
322.33   Export certificate.
322.34   Notice of arrival.
322.35   Mailed packages.
322.36   Restricted articles that are hand-carried or in personal 
baggage aboard aircraft arriving in the United States.
322.37   Restricted articles that are hand-carried or in a personal 
or commercial vehicle arriving at a land border port in the United 
States.
322.38   Inspection; refusal of entry.
322.39   Ports of entry.

    Authority: 7 U.S.C. 281; 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, 
and 371.3.

Subpart A--General Provisions


Sec. 322.1  Definitions.

    Administrator. The Administrator, Animal and Plant Health 
Inspection Service, or an individual authorized to act for the 
Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Bee. Any member of the superfamily Apoidea in any life stage, 
including germ plasm.
    Beekeeping byproduct. Material for use in hives, including, but not 
limited to, beeswax for beekeeping, pollen for bee feed, or honey for 
bee feed.
    Beekeeping equipment. Equipment used to house and manage bees,

[[Page 53860]]

including, but not limited to, bee boards, hive bodies, bee nests and 
nesting material, smokers, hive tools, gloves or other clothing, and 
shipping containers.
    Beekeeping establishment. All of the facilities, including 
apiaries, honey houses, and other facilities, and land that comprise a 
proprietor's beekeeping business.
    Brood. The larvae, pupae, or postovipositional ova (including 
embryos) of bees.
    Destination State. The State, district, or territory of the United 
States that is the final destination of imported bees, beekeeping 
byproducts, or beekeeping equipment.
    Hive. A box or other shelter containing a colony of bees.
    Honeybee. Any live bee of the genus Apis in any life stage except 
germ plasm.
    Germ plasm. The semen and preovipositional ova of bees.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, or other individual authorized by the Administrator to carry 
out the provisions of this part.
    Office International des Epizooties (OIE). The organization in the 
Food and Agriculture Organization of the United Nations responsible for 
the International Animal Health Code, which includes a section 
regarding bee diseases in international trade.
    Package bees. Queen honeybees with attendant adult honeybees placed 
in a shipping container, such as a tube or cage.
    Queen. The actively reproducing adult female in a colony of bees.
    Undesirable species or subspecies of honeybees. Honeybee species or 
subspecies including, but not limited to, Apis mellifera scutellata, 
commonly known as the African honeybee, and its hybrids; and Apis 
mellifera capensis, commonly known as the Cape honeybee.
    United States. The States, District of Columbia, American Samoa, 
Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands of 
the United States.


Sec. 322.2  General requirements for interstate movement and 
importation.

    (a) Interstate movement.
    (1) The following regions of the United States are considered pest-
free areas for Varroa mite, tracheal mite, and African honeybee: 
Hawaii.
    (2) In order to prevent the introduction of Varroa mite, tracheal 
mite, and African honeybee into the pest-free areas listed in paragraph 
(a)(1) of this section, interstate movement of honeybees, including 
honeybee germ plasm, into those areas is prohibited.
    (b) Importation. In order to prevent the introduction into the 
United States of bee diseases and parasites, and undesirable species 
and subspecies of honeybees:
    (1) You may import bees, honeybee germ plasm, and beekeeping 
byproducts into the United States only in accordance with this part.
    (2) You may not import pollen derived from bee colonies and 
intended for use as bee feed into the United States.
    (3)(i) You may not import used beekeeping equipment into the United 
States, unless that used beekeeping equipment either:
    (A) Will be used solely for indoor display purposes and will not 
come into contact with indigenous bees; or
    (B) Consists of bee boards that contain live brood of bees, other 
than honeybees, from a region listed in Sec. 322.4(c).
    (ii) New, unused beekeeping equipment is eligible for importation 
into the United States if it complies with all applicable regulations 
in this chapter.
    (c) Movements not in compliance.
    (1) Any honeybees, honeybee germ plasm, bees other than honeybees, 
beekeeping byproducts, or used beekeeping equipment not in compliance 
with this part that are imported into the United States will be either:
    (i) Immediately exported from the United States by you at your 
expense; or
    (ii) Destroyed by us at your expense.
    (2) Pending exportation or destruction, we will immediately apply 
any necessary safeguards to the bees, beekeeping byproducts, or used 
beekeeping equipment to prevent the introduction of bee diseases and 
parasites, and undesirable species and subspecies of honeybees, into 
the United States.


Sec. 322.3  Costs and charges.

    We will furnish, without cost, the services of an inspector during 
normal business hours and at the inspector's places of duty. You will 
be responsible for all costs and charges arising from inspection 
outside of normal business hours or away from the inspector's places of 
duty.\1\ You are also responsible for all costs and charges related to 
any exportation or destruction of shipments, in accordance with 
Sec. 322.2(c)(1) of this part, and treatments required by Sec. 322.32 
of this part. Further, if you import bees or germ plasm into a 
containment facility for research or processing, you will be 
responsible for all additional costs and charges associated with the 
importation.
---------------------------------------------------------------------------

    \1\ Information on costs for services of an inspector are 
contained in 7 CFR part 354.
---------------------------------------------------------------------------

Subpart B--Importation of Adult Honeybees, Honeybee Germ Plasm, and 
Bees Other Than Honeybees From Approved Regions


Sec. 322.4  Approved regions.

    (a) Adult honeybees. The following regions are approved for the 
importation of adult honeybees into the United States under the 
conditions of this subpart:

Australia
Canada
New Zealand

    (b) Honeybee germ plasm. The following regions are approved for the 
importation of honeybee germ plasm into the United States under the 
conditions of this subpart:

Australia
Bermuda
Canada
France
Great Britain
New Zealand
Sweden

    (c) Bees other than honeybees. The following regions are approved 
for the importation of bees other than honeybees into the United States 
under the conditions of this subpart:

Canada

    (d) If the name of the region from which you want to import adult 
honeybees, honeybee germ plasm, or bees other than honeybees into the 
United States does not appear in paragraphs (a), (b), or (c), 
respectively, of this section, refer to subpart C of this part, 
``Importation of Restricted Organisms,'' for requirements.
    (e) For information on approving other regions for the importation 
of adult honeybees, honeybee germ plasm, or bees other than honeybees 
into the United States, see Sec. 322.14 of this subpart.


Sec. 322.5  General requirements.

    (a) All shipments of bees and honeybee germ plasm imported into the 
United States under this subpart must be shipped directly to the United 
States from an approved region.
    (b) Adult honeybees.
    (1) You may import adult honeybees under this subpart only from 
regions listed in Sec. 322.4(a) of this subpart.
    (2) The honeybees must be package bees or queens with attending 
adult bees.
    (c) Honeybee germ plasm. You may import honeybee germ plasm under 
this

[[Page 53861]]

subpart only from regions listed in Sec. 322.4(b) of this subpart.
    (d) Bees other than honeybees.
    (1) You may import live adult bees or live brood under this subpart 
only from regions listed in Sec. 322.4(c) of this subpart.
    (2) The live bees or brood must belong to one of the following 
species:
    (i) Bumblebees of the species Bombus impatiens;
    (ii) Bumblebees of the species Bombus occidentalis;
    (iii) Alfalfa leafcutter bee (Megachile rotundata);
    (iv) Blue orchard bee (Osmia lignaria); or
    (v) Horn-faced bee (Osmia cornifrons).
    (3) If you want to import species of bees other than those listed 
in paragraph (d)(2) of this section, refer to subpart C of this part, 
``Importation of Restricted Organisms,'' for requirements.


Sec. 322.6  Export certificate.

    Each shipment of bees and honeybee germ plasm arriving in the 
United States from an approved region must be accompanied by an export 
certificate issued by the appropriate regulatory agency of the national 
government of the exporting region.
    (a) Adult honeybees.
    (1) For adult honeybees, the export certificate must:
    (i) Certify that the hives from which the honeybees in the shipment 
were derived were individually inspected by an official of the 
regulatory agency no more than 10 days prior to export;
    (ii) Identify any diseases, parasites, or undesirable species or 
subspecies of honeybee found in the hive during that preexport 
inspection; and
    (iii) Certify that the bees in the shipment were produced in the 
exporting region and are the offspring of queens and drones or semen 
also produced in the exporting region.
    (2) In addition, for the importation of adult honeybees into 
Hawaii, the export certificate must also certify to the following:
    (i) The honeybees in the shipment were inspected by an official of 
the appropriate regulatory agency of the national government of the 
exporting region and showed no sign of Varroa mite (Varroa spp.), 
tracheal mite (Acarapis woodi), or African honeybee (Apis mellifera 
scutellata) on the day of export;
    (ii) The hives from which the honeybees in the shipment are derived 
were individually inspected by an official of the appropriate 
regulatory agency of the national government of the exporting region 
and showed no sign of the presence of Varroa mite, tracheal mite, or 
African honeybee;
    (iii) The honeybees in the shipment are derived exclusively from an 
apiary situated in the center of a zone of 50 kilometers (31 miles) in 
radius, in which special diagnostic tests, as set forth by the Office 
International des Epizooties, did not reveal any sign of the presence 
of Varroa mite for at least the past 2 years;
    (iv) The honeybees in the shipment are derived exclusively from an 
apiary situated in the center of a zone of 5 kilometers (3.1 miles) in 
radius, in which no case of tracheal mite has been reported for at 
least the past 8 months; and
    (v) The honeybees in the shipment were raised in and are derived 
exclusively from an apiary that meets the standards of the Office 
International des Epizooties for the application of sanitary measures, 
special breeding techniques, and sanitary surveillance related to 
Varroa mite and tracheal mite.
    (3) If the export certificate identifies an important bee disease 
or parasite of economic and environmental concern to the United States, 
including, but not limited to, Thai sacbrood virus, Tropilaelaps 
clareae, and Euvarroa sinhai, or an undesirable species or subspecies 
of honeybee, including, but not limited to, the Cape honeybee (Apis 
mellifera capensis) and the Oriental honeybee (Apis cerana), as 
occurring in the hive from which the shipment was derived, we will 
refuse the shipment's entry into the United States.
    (b) Honeybee germ plasm.
    (1) For honeybee germ plasm, the export certificate must:
    (i) Certify that the hives from which the germ plasm in each 
shipment was derived were individually inspected by an official of the 
regulatory agency no more than 10 days prior to export;
    (ii) Identify any diseases, parasites, or undesirable species or 
subspecies of honeybee found in the hive during that preexport 
inspection; and
    (iii) Certify that the bees in the hives from which the shipment 
was derived were produced in the exporting region and are the offspring 
of queens and drones or semen also produced in the exporting region.
    (2) If the export certificate identifies an important bee disease 
or parasite of economic and environmental concern to the United States, 
including, but not limited to, Thai sacbrood virus, Tropilaelaps 
clareae, and Euvarroa sinhai, or an undesirable species or subspecies 
of honeybee, including, but not limited to, the Cape honeybee (Apis 
mellifera capensis) and the Oriental honeybee (Apis cerana), as 
occurring in the hive from which the shipment was derived, we will 
refuse the shipment's entry into the United States.
    (c) Bees other than honeybees. For bees other than honeybees, the 
export certificate must certify that the bees in the shipment were 
produced in the exporting region and are the offspring of queens and 
drones or semen also produced in the exporting region.


Sec. 322.7  Notice of arrival.

    (a) At least 10 business days prior to the arrival in the United 
States of any shipment of bees or honeybee germ plasm imported into the 
United States under this subpart, you must notify APHIS of the 
impending arrival. Your notification must include the following 
information:
    (1) Your name, address, and telephone number;
    (2) The name and address of the receiving apiary;
    (3) The name, address, and telephone number of the producer;
    (4) The U.S. port where you expect the shipment to arrive;
    (5) The date you expect the shipment to arrive at that U.S. port;
    (6) The scientific name(s) of the organisms in the shipment;
    (7) A description of the shipment (i.e., package bees, queen bees, 
nest boxes, etc.); and
    (8) The total number of organisms you expect to receive.
    (b) You must provide the notification to APHIS through one of the 
following means:
    (1) By mail to the Permit Unit, Scientific Services, PPQ, APHIS, 
4700 River Road Unit 133, Riverdale, MD 20737-1236; or
    (2) By facsimile at (301) 734-8700; or
    (3) By electronic mail to [email protected].


Sec. 322.8  Packaging of shipments.

    (a) Adult honeybees. All shipments of adult honeybees imported into 
the United States under this subpart:
    (1) Must be packaged to prevent the escape of any bees;
    (2) Must not include any brood, comb, pollen, or honey; and
    (3) May include sugar water or crystallized sugar (e.g., candy) as 
food during transit.
    (b) Bees other than honeybees.
    (1) Adult bees. All adult bees other than honeybees imported into 
the United States must be packaged to prevent the escape of any bees.
    (2) Live brood. For live brood of bees other than honeybees, 
packages:
    (i) Must be securely closed;
    (ii) May not include any soil;
    (iii) May include only packing materials that were grown or 
produced

[[Page 53862]]

in the exporting region and that meet all other applicable requirements 
of this chapter, such as the regulations pertaining to unmanufactured 
wood in 7 CFR part 319 and the plant pest regulations in 7 CFR part 
330; and
    (iv) May consist of brood housed in new or used bee boards, 
provided the bee boards meet all applicable requirements of this part.


Sec. 322.9  Mailed packages.

    (a) If you import a package of honeybees, honeybee germ plasm, or 
bees other than honeybees under this subpart through the mail or 
through commercial express delivery, you must mark all sides of the 
outside of that package with the contents of the shipment, i.e., ``Live 
Bees,'' ``Bee Germ Plasm,'' or ``Live Bee Brood,'' and the name of the 
exporting region. The marking must be clearly visible using black 
letters at least 1 inch in height on a white background.
    (b) If you import a package of honeybees, honeybee germ plasm, or 
bees other than honeybees under this subpart through commercial express 
delivery, you must provide an accurate description of the complete 
contents of the shipment, i.e., ``Live Bees,'' ``Bee Germ Plasm,'' or 
``Live Bee Brood,'' for the shipment's delivery manifest entry.
    (c) In addition to the export certificate required in Sec. 322.6 of 
this subpart, a package of honeybees, honeybee germ plasm, or bees 
other than honeybees imported under this subpart by commercial express 
delivery must be accompanied at the time of arrival in the United 
States by an invoice or packing list accurately indicating the complete 
contents of the shipment.


Sec. 322.10  Packages that are hand-carried or in personal baggage 
aboard aircraft arriving in the United States.

    If you import a package of honeybees, honeybee germ plasm, or bees 
other than honeybees under this subpart via an international flight by 
hand-carrying the package or carrying it in your personal baggage, 
then:
    (a) That package must be clearly marked with the contents of the 
shipment, i.e., ``Live Bees,'' ``Bee Germ Plasm,'' or ``Live Bee 
Brood,'' and the name of the exporting region; and
    (b) You must declare it at the port of entry in the United States 
by providing a copy of the export certificate required in Sec. 322.6 to 
an inspector at the port.


Sec. 322.11  Packages that are hand-carried or in a personal or 
commercial vehicle arriving at a land border port in the United States.

    If you import a package of honeybees, honeybee germ plasm, or bees 
other than honeybees under this subpart through a land border port in 
the United States either by hand-carrying or in a personal or 
commercial vehicle (i.e., automobile or truck), then the person 
carrying the package or the driver of the vehicle must present the 
export certificate required by Sec. 322.6 of this subpart and an 
invoice or packing slip accurately indicating the complete contents of 
the shipment to the inspector at the land border port.


Sec. 322.12  Inspection; refusal of entry.

    (a) Shipments of honeybees, honeybee germ plasm, and bees other 
than honeybees imported into the United States under this subpart will 
be inspected at the port of entry in the United States for:
    (1) Proper documentation (see Sec. 322.6 of this subpart);
    (2) Timely notice of arrival (see Sec. 322.7 of this subpart); and
    (3) Adequate packaging (see Sec. 322.8 of this subpart).
    (b) If, upon inspection, any shipment fails to meet the 
requirements of this part, that shipment will be refused entry into the 
United States. In accordance with Sec. 322.2(c) of this part, the 
inspector will offer you, or in your absence the shipper, the 
opportunity to immediately export any refused shipments. If you, or in 
your absence the shipper, decline to immediately export the shipment, 
we will destroy the shipment at your expense.


Sec. 322.13  Ports of entry.

    Shipments of honeybees, honeybee germ plasm, and bees other than 
honeybees imported under this subpart may enter the United States only 
at a port of entry staffed by an APHIS inspector.\2\
---------------------------------------------------------------------------

    \2\ To find out if a specific port is staffed by an APHIS 
inspector, or for a list of ports staffed by AHPIS inspectors, 
contact Permit Unit, Scientific Services, PPQ, APHIS, 4700 River 
Road Unit 133, Riverdale, Maryland 20737-1236; toll-free (877) 770-
5990; fax (301) 734-8700.
---------------------------------------------------------------------------


Sec. 322.14  Risk assessment procedures for approving countries.

    (a) The national government of the region wishing to export must 
request that we perform a risk assessment for the importation into the 
United States of honeybees, honeybee germ plasm, or bees other than 
honeybees from that region.
    (b) When we receive a request, we will evaluate the science-based 
risks associated with such importation. Our risk assessment will be 
based on information provided by the exporting region, information from 
topical scientific literature, and, if applicable, information we gain 
from a site visit to the exporting region. The risk assessment will 
include:
    (1) Identification of all bee diseases, including fungi, bacteria, 
viruses, mycoplasmas, and protozoa, that occur in the exporting region 
but not in the United States or that are listed as significant for 
international trade by the Office International des Epizooties (OIE);
    (2) Identification of all bee parasites, including mites, that 
occur in the exporting region but not in the United States or that are 
listed as significant for international trade by the OIE;
    (3) Identification of all species and subspecies of honeybees that 
occur in the exporting region but not in the United States or that are 
listed as significant for international trade by the OIE, if 
applicable;
    (4) Identification of all pests of bee culture, such as the small 
hive beetle, that occur in the exporting region but not in the United 
States or that are listed as significant for international trade by the 
OIE;
    (5) Evaluation of the probability of establishment, including 
pathway, entry, colonization, and spread potentials, of any diseases, 
parasites, undesirable species or subspecies of honeybees, or pests 
identified in accordance with paragraphs (b)(1), (2), (3), or (4) of 
this section;
    (6) Evaluation of the potential consequences of establishment, 
including economic, environmental, and perceived social and political 
effects, of each disease, parasite, undesirable species or subspecies 
of honeybees, or pest identified in accordance with paragraphs (b)(1), 
(2), (3), or (4) of this section; and
    (7) Consideration of the effectiveness of the regulatory system of 
the exporting region to control bee diseases, parasites, undesirable 
species and subspecies of honeybees, and pests that occur there and to 
prevent occurrences of new bee diseases, parasites, undesirable species 
and subspecies of honeybees, and pests.
    (c) Based on the conclusions of the risk assessment, we will 
either:
    (1) Publish in the Federal Register a notice of proposed rulemaking 
to allow honeybees, honeybee germ plasm, or bees other than honeybees 
to be imported into the United States from that region; or
    (2) Deny the request in writing, stating the specific reasons for 
that action.
    (d) We will publish a notice of availability of all completed risk 
assessments for public comment.

[[Page 53863]]

Subpart C--Importation of Restricted Organisms


Sec. 322.15  General requirements; restricted organisms.

    (a) For the purposes of this part, the following are restricted 
organisms:
    (1) Honeybee brood in the comb;
    (2) Adult honeybees from any region other than those listed in 
Sec. 322.4(a) of this part;
    (3) Honeybee germ plasm from any region other than those listed in 
Sec. 322.4(b) of this part; and
    (4) Bees other than honeybees, in any life stage, from any region 
other than those listed in Sec. 322.4(c) of this part or any species of 
bee other than those listed in Sec. 322.5(d)(2) of this part.
    (b) Restricted organisms may be imported into the United States 
only by Federal, State, or university researchers for research or 
experimental purposes and in accordance with this part.


Sec. 322.16  Documentation; applying for a permit to import a 
restricted organism.

    Any restricted organism imported into the United States must be 
accompanied by both a permit, in accordance with paragraph (a) of this 
section, and an invoice or packing list accurately indicating the 
complete contents of the shipment, in accordance with paragraph (b) of 
this section.
    (a) Permit. You must submit a completed application for a permit to 
import restricted organisms at least 30 days prior to scheduling 
arrival of those organisms. You may import a restricted organism only 
if we approve your application and issue you a permit. Our procedures 
for reviewing permit applications are provided in Sec. 322.17. To apply 
for a permit, you must supply, either on a completed PPQ Form 526 or in 
some other written form, the following information:\3\
---------------------------------------------------------------------------

    \3\ Mail your completed application to Permit Unit, Scientific 
Services, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, Maryland 
20737-1236. A PPQ Form 526 may be obtained by writing to the same 
address, calling toll-free (877) 770-5990, faxing your request to 
(301) 734-8700, or downloading the form from http://www.aphis.usda.gov/ppq/ss/permits/pests/.
---------------------------------------------------------------------------

    (1) Applicant information. Your name, title, organization, address, 
telephone number, facsimile number, and electronic mail address 
(provide all that are applicable). You must also state whether you are 
a U.S. resident. If you are not a U.S. resident, you must also supply 
the name, title, organization, address, telephone number, facsimile 
number, and electronic mail address (provide all that are applicable) 
of a U.S. resident who will act as a sponsor for the permit 
application.
    (2) Application type. New permit, permit renewal, or amendment to 
existing permit (if a renewal or amendment, provide the current permit 
number).
    (3) Type of movement. Select ``Import into the United States.''
    (4) Scientific name of organism. Genus, species, subspecies or 
strain, and author (if known).
    (5) Type of organism. Select ``Bees and/or bee semen.''
    (6) Taxonomic classification. Family of restricted organisms.
    (7) Life stage(s). Semen, preovipositional eggs, embryos, 
postovipositional eggs, larvae, pupae, or adults. If adult queens, 
please specify.
    (8) Number of shipments.
    (9) Number of specimens per shipment.
    (10) Is the organism established in the United States?
    (11) Is the organism established in the destination State?
    (12) Media or species of host material accompanying the organism 
(e.g., pollen, honey, wax, nesting material).
    (13) Source of organism (include any that apply, and list region of 
origin). Supplier (provide supplier's name and address), wild 
collected, or reared under controlled conditions.
    (14) Method of shipment. Airmail, express delivery (list company 
name), baggage, auto.
    (15) Port(s) of entry.
    (16) Approximate date(s) of arrival at the port of entry.
    (17) Destination. Provide the address of the location where the 
organism will be received and maintained.
    (18) Intended use (include any that apply). Select ``Scientific 
Study.''
    (19) Has your facility been inspected by APHIS? If yes, list 
date(s) of approval. Is your facility approved for the species of bees 
or bee germ plasm for which you are seeking a permit?
    (20) Provide your signature and the date of your signature under 
the following certification: ``I certify that all statements and 
entries I have made on this document are true and accurate to the best 
of my knowledge and belief. I understand that any intentional false 
statement or misrepresentation made on this document is a violation of 
law and punishable by a fine of not more than $10,000, or imprisonment 
of not more than 5 years, or both. (18 U.S.C. 1001).'' If you are 
required to have a sponsor for your permit application, your sponsor 
must also sign and date under the same certification.
    (b) Invoice. Any restricted organism must be accompanied at the 
time of arrival in the United States by an invoice or packing list 
accurately indicating the complete contents of the shipment and the 
exporting region.


Sec. 322.17  APHIS review of permit applications; denial or 
cancellation of permits.

    (a) Review of permit applications to import restricted organisms.
    (1) Consultation. During our review of your permit application, we 
may consult with any Federal officials; appropriate officials of any 
State, Territory, or other jurisdiction in the United States in charge 
of research or regulatory programs relative to bees; and any other 
qualified governmental or private research laboratory, institution, or 
individual. We will conduct these consultations to gain information on 
the risks associated with the importation of the restricted organisms.
    (2) Review by destination State. We will transmit a copy of your 
permit application, along with our anticipated decision on the 
application, to the appropriate regulatory official in the destination 
State for review and recommendation. A State's response, which we will 
consider before taking final action on the permit application, may take 
one of the following forms:
    (i) The State recommends that we issue the permit;
    (ii) The State recommends that we issue the permit with specified 
additional conditions;
    (iii) The State recommends that we deny the permit application and 
provides scientific, risk-based reasons supporting that recommendation; 
or
    (iv) The State makes no recommendation, thereby concurring with our 
decision regarding the issuance of the permit.\4\
---------------------------------------------------------------------------

    \4\ If a State regulatory official does not respond within 10 
business days, we will conclude that the State has chosen to make no 
recommendation regarding the issuance of the permit.
---------------------------------------------------------------------------

    (b) Results of review. After a complete review of your application, 
we will either:
    (1) Issue you a written permit with, if applicable, certain 
specific conditions listed for the importation of the restricted 
organisms you applied to import. You must acknowledge acceptance of the 
permit and, if applicable, the specified conditions by signing the 
acknowledgment card that you will receive with your permit. The written 
permit does not become valid until we receive a signed acknowledgment 
card from you; or
    (2) Notify you that your application has been denied and provide 
reasons for the denial.
    (c) Denial of permit applications. APHIS will deny an application 
for a permit to import a restricted organism

[[Page 53864]]

regulated under this subpart when, in its opinion, such movement would 
involve a danger of dissemination of an exotic bee disease or parasite, 
or an undesirable species or subspecies of honeybee. Danger of such 
dissemination may be deemed to exist when:
    (1) Existing safeguards against dissemination are inadequate and no 
adequate safeguards can be arranged; or
    (2) The potential for disseminating an exotic bee disease or 
parasite, or an undesirable species or subspecies of honeybee, with the 
restricted organism outweighs the probable benefits that could be 
derived from the proposed movement and use of the restricted organism; 
or
    (3) When you, as a previous permittee, failed to maintain the 
safeguards or otherwise observe the conditions prescribed in a previous 
permit and have failed to demonstrate your ability or intent to observe 
them in the future; or
    (4) The proposed movement of the restricted organism is adverse to 
the conduct of an eradication, suppression, control, or regulatory 
program of APHIS.
    (d) Cancellation of permits.
    (1) APHIS may cancel any outstanding permit whenever:
    (i) We receive information subsequent to the issuance of the permit 
of circumstances that would constitute cause for the denial of an 
application for permit under paragraph (c) of this section; or
    (ii) You, as the permittee, fail to maintain the safeguards or 
otherwise observe the conditions specified in the permit or in any 
applicable regulations.
    (2) Upon cancellation of a permit, you must either:
    (i) Surrender all restricted organisms to an APHIS inspector; or
    (ii) Destroy all restricted organisms under the supervision of an 
APHIS inspector.
    (e) Appealing the denial of permit applications or cancellation of 
permits. If your permit application has been denied or your permit has 
been canceled, APHIS will promptly inform you, in writing, of the 
reasons for the denial or cancellation. You may appeal the decision by 
writing to the Administrator and providing all of the facts and reasons 
upon which you are relying to show that your permit application was 
wrongfully denied or your permit was wrongfully canceled. The 
Administrator will grant or deny the appeal as promptly as 
circumstances allow and will state, in writing, the reasons for the 
decision. If there is a conflict as to any material fact, you may 
request a hearing to resolve the conflict. Rules of practice concerning 
the hearing will be adopted by the Administrator.


Sec. 322.18  Packaging of shipments.

    (a) Restricted organisms must be packed in a container or 
combination of containers that will prevent the escape of the organisms 
and the leakage of any contained materials. The container must be 
sufficiently strong and durable enough to prevent it from rupturing or 
breaking during shipment.
    (b) The outer container must be clearly marked with the contents of 
the shipment, i.e., either ``Live Bees,'' ``Bee Germ Plasm,'' or ``Live 
Bee Brood,'' and the name of the region of origin.
    (c) Only approved packing materials may be used in a shipment of 
restricted organisms.
    (1) The following materials are approved as packing materials: 
Absorbent cotton or processed cotton padding free of cottonseed; cages 
made of processed wood; cellulose materials; excelsior; felt; ground 
peat (peat moss); paper or paper products; phenolic resin foam; 
sawdust; sponge rubber; thread waste, twine, or cord; and vermiculite.
    (2) Other materials, such as host material for the organism, soil, 
or other types of packing material, may be included in a container only 
if identified in the permit application and approved by APHIS on the 
permit.


Sec. 322.19  Mailed packages.

    (a) If you import a restricted organism through the mail or through 
commercial express delivery, you must attach a special mailing label, 
which APHIS will provide with your permit, to the package or container. 
The mailing label indicates that APHIS has authorized the shipment.
    (b) You must address the package containing the restricted organism 
to the containment facility or apiary identified on the permit.
    (c) If the restricted organism arrives in the mail without the 
mailing label described in paragraph (a) of this section or addressed 
to a facility or apiary other than the one listed on the permit, an 
inspector will refuse to allow the organism to enter the United States.


Sec. 322.20  Restricted organisms that are hand-carried or in personal 
baggage aboard aircraft arriving in the United States.

    (a) If you import restricted organisms via an international flight 
by hand-carrying the package or carrying it in your personal baggage, 
then:
    (1) The outer container must be clearly marked with the contents of 
the shipment, i.e., either ``Live Bees,'' ``Bee Germ Plasm,'' or ``Live 
Bee Brood,'' and the name of the region of origin; and
    (2) You must declare it at the port of entry to the United States 
by providing a copy of the appropriate permit and an invoice or packing 
list accurately indicating the complete contents of the shipment to an 
inspector at the port of entry.
    (b) Only you or your representative (as stated on the application 
and permit) may import a restricted organism via an international 
flight by hand-carrying or carrying it in your personal baggage.
    (c) If you fail to declare the restricted organism or present a 
copy of the permit and an invoice or packing list accurately indicating 
the complete contents of the shipment at the port of entry, or if the 
restricted organism is carried by an individual not identified on the 
application or permit, an inspector will refuse the organism's entry to 
the United States.


Sec. 322.21  Restricted organisms that are hand-carried or in a 
personal or commercial vehicle arriving at a land border port in the 
United States.

    (a) If you import a restricted organism through a land border port 
in the United States either by hand-carrying or in a personal or 
commercial vehicle (i.e., automobile or truck), then the person 
carrying the restricted organism or the driver of the vehicle must 
present the permit required by Sec. 322.16 of this subpart and an 
invoice or packing slip accurately indicating the complete contents of 
the shipment to the inspector at the land border port.
    (b) Only you or your representative (as stated on the application 
and permit) may import a restricted organism through a land border port 
in the United States either by hand-carrying or in a personal or 
commercial vehicle (i.e., automobile or truck).
    (c) If you fail to present a copy of the permit and an invoice or 
packing list accurately indicating the complete contents of the 
shipment at the port of entry, or if the restricted organism is carried 
by an individual not identified on the application or permit, an 
inspector will refuse the organism's entry to the United States.


Sec. 322.22  Inspection; refusal of entry.

    (a) APHIS may inspect any restricted organism at the time of 
importation to determine if the organism meets all of the requirements 
of this part.
    (b) If, upon inspection, any shipment fails to meet the 
requirements of the regulations, that shipment will be refused entry 
into the United States. In accordance with Sec. 322.2(c) of this part, 
the inspector will offer you, or in your absence the shipper, the 
opportunity to immediately export any refused

[[Page 53865]]

shipments. If you, or in your absence the shipper, decline to 
immediately export the shipment, we will destroy the shipment at your 
expense.


Sec. 322.23  Ports of entry.

    A restricted organism may be imported only at a port of entry 
staffed by an APHIS inspector.\5\ After a restricted organism has been 
cleared for importation at the port of entry, you must mail or hand-
carry the organism immediately and directly from the port of entry to 
the containment facility or apiary identified on the permit. You may 
open the package containing the restricted organism only within the 
containment facility or apiary identified on the permit.
---------------------------------------------------------------------------

    \5\ To find out if a specific port is staffed by an APHIS 
inspector, or for a list of ports staffed by APHIS inspectors, 
contact Permit Unit, Scientific Services, PPQ, APHIS, 4700 River 
Road Unit 133, Riverdale, Maryland 20737-1236; toll-free (877) 770-
5990; fax (301) 734-8700.
---------------------------------------------------------------------------


Sec. 322.24  Post-entry handling.

    (a) Immediately following clearance at the port of entry, a 
restricted organism must move directly to a containment facility that 
has been inspected and approved by APHIS.\6\ We must inspect and 
approve the facility before we will issue a permit to import a 
restricted organism.
---------------------------------------------------------------------------

    \6\ For a list of approved facilities, or to arrange to have a 
facility inspected by APHIS, contact Permit Unit, Scientific 
Services, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-
1236; toll-free (877) 770-5990.
---------------------------------------------------------------------------

    (b) Inspection of premises. Prior to issuing a permit to import 
restricted organisms, we will inspect the apiary or facility where you 
intend to contain the restricted organisms. In order to approve the 
apiary or facility, an inspector must determine that adequate 
safeguards are in place to prevent the release of diseases or parasites 
of bees, or of undesirable species or strains of honeybees. We will use 
the following criteria to determine whether adequate safeguards are in 
place:
    (1) Enclosed containment facilities.
    (i) Will the facility's entryways, windows, and other structures, 
including water, air, and waste handling systems, contain the 
restricted organisms, parasites and pathogens, and prevent the entry of 
other organisms and unauthorized visitors?
    (ii) Does the facility have operational and procedural safeguards 
in place to prevent the escape of the restricted organisms, parasites, 
and pathogens, and to prevent the entry of other organisms and 
unauthorized visitors?
    (iii) Does the facility have a means of inactivating or sterilizing 
restricted organisms and any breeding materials, pathogens, parasites, 
containers, or other material?
    (2) Containment apiaries.
    (i) Is the apiary located in an area devoid of indigenous bees and 
sufficiently isolated to prevent contact between indigenous bees and 
imported restricted organisms? Is the area extending from the apiary to 
the nearest indigenous bees constantly unsuitable for foraging 
individuals of the imported restricted organisms?
    (ii) Does the apiary have sufficient physical barriers to prevent 
the entry of unauthorized visitors?
    (iii) Does the apiary have operational and procedural safeguards in 
place to prevent the escape of the restricted organisms, parasites, and 
pathogens, and to prevent the entry of other organisms and unauthorized 
visitors?
    (iv) Does the apiary have a means of inactivating or sterilizing 
restricted organisms, and any hives, wax, pathogens, parasites, 
containers, or other materials?
    (3) Containment apiaries for honeybees resulting from germ plasm 
imported from nonapproved regions.
    (i) Does the apiary have sufficient physical barriers to prevent 
the entry of unauthorized visitors?
    (ii) Are there sufficient physical barriers (e.g., excluders) in 
hives in the apiary to prevent the escape of all adult queen and drone 
honeybees resulting from the germ plasm?
    (iii) Does the apiary have operational and procedural safeguards in 
place to prevent the escape of all queen and drone honeybees resulting 
from the germ plasm?
    (iv) Does the apiary have a means of destroying colonies of 
honeybees with undesirable characteristics that may result from 
imported germ plasm?
    (c) Holding in containment.
    (1) If we issue a permit for importing restricted organisms into an 
approved containment facility or apiary, you may not remove or release 
the restricted organisms, or the progeny or germ plasm resulting from 
the restricted organisms, from the apiary or facility without our prior 
approval.
    (2) You must allow us to inspect the apiary or facility and all 
documents associated with the importation or holding of restricted 
organisms at any time to determine whether safeguards are being 
maintained to prevent the release of the restricted organisms, their 
progeny and germ plasm, parasites, and pathogens.
    (3) You must inform us immediately, but no later than 24 hours 
after detection, if restricted organisms escape from the facilityl.
    (d) Release from containment apiary or facility.
    (1) After rearing the restricted organisms in an approved 
containment facility through at least 4 months of active reproduction 
with no evidence of nonindigenous parasites or pathogens or of 
undesirable characteristics, you may submit a request to us for the 
release of the bees. The request must include:
    (i) Inspection protocols;
    (ii) Inspection frequencies;
    (iii) Names and titles of inspectors;
    (iv) Complete information, including laboratory reports, on 
detection of diseases and parasites in the population;
    (v) Complete notes and observations on behavior, such as 
aggressiveness and swarming; and
    (vi) Any other information or data relating to bee diseases, 
parasites, or adverse species or subspecies.
    (2) Mail your request for release to the Permit Unit, Scientific 
Services, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-
1236, or fax to (301) 734-8700.
    (3) When we receive a complete request for release from 
containment, we will evaluate the request and determine whether the 
bees may be released. Our evaluation may include an environmental 
assessment or environmental impact statement prepared in accordance 
with the National Environmental Policy Act. We may conduct an 
additional inspection of the bees during our evaluation of the request. 
You will receive a written statement as soon as circumstances allow 
that approves or denies your request for release of the bees.

Subpart D--Transit of Restricted Organisms Through the United 
States


Sec. 322.25  General requirements.

    (a) You may transit restricted organisms from any region through 
the United States to another region only in accordance with this part. 
For a list of restricted organisms, see Sec. 322.15(a).
    (b) You may ship restricted organisms only aboard aircraft to the 
United States for transit to another country.
    (c) You may transload a shipment of restricted organisms only once 
during the shipment's entire transit through the United States and only 
at an airport on the continental United States. You may not transload 
restricted organisms in Hawaii. In Hawaii, the restricted organisms 
must remain on, and depart for another destination from, the same 
aircraft on which the shipment arrived at the Hawaiian airport.
    (d) If adult bees from approved regions may not enter Hawaii 
because of the presence of Varroa mite, tracheal

[[Page 53866]]

mite, or African honeybee, those bees may transit Hawaii en route to 
another State or territory of the United States only if the shipment of 
bees meets the requirements of this subpart, as well as other 
applicable requirements of this part.


Sec. 322.26  Documentation.

    Each shipment of restricted organisms transiting the United States 
must be accompanied by a document issued by the appropriate regulatory 
authority of the national government of the region of origin stating 
that the shipment has been inspected and determined to meet the 
packaging requirements in Sec. 322.27.


Sec. 322.27  Packaging of transit shipments.

    (a) Restricted organisms transiting the United States must be 
packaged in securely closed and completely enclosed containers that 
prevent the escape of organisms and the leakage of any contained 
materials. The container must be sufficiently strong and durable to 
prevent it from rupturing or breaking during shipment.
    (b) In addition to the requirements in paragraph (a) of this 
section, each pallet of cages containing honeybees transiting the 
United States must be covered by an escape-proof net that is secured to 
the pallet so that no honeybees can escape from underneath the net.
    (c) The outside of the package must be clearly marked with the 
contents of the transit shipment, i.e., either ``Live Bees,'' ``Bee 
Germ Plasm,'' or ``Live Bee Brood,'' and the name of the exporting 
region.


Sec. 322.28  Notice of arrival.

    At least 2 business days prior to the expected date of arrival of 
restricted organisms at a port in the United States for in-transit 
movement, you or your shipper must contact the port to give the 
following information:
    (a) The name of each U.S. airport where the shipment will arrive;
    (b) The name of the U.S. airport where the shipment will be 
transloaded (if applicable);
    (c) The date of the shipment's arrival at each U.S. airport;
    (d) The date of the shipment's departure from each U.S. airport;
    (e) The names and addresses of both the shipper and receiver;
    (f) The number of units in the shipment (i.e., number of queens or 
number of cages of package bees); and
    (g) The name of the airline carrying the shipment.


Sec. 322.29  Inspection and handling.

    (a) All shipments of restricted articles transiting the United 
States are subject to inspection at the port in the United States for 
compliance with this part. If, upon inspection, a transit shipment of 
restricted articles is found not to meet the requirements of this part, 
we will destroy the shipment at your expense.
    (b) Transloading.--(1) Adult bees. You may transload adult bees 
from one aircraft to another aircraft at the port of arrival in the 
United States only under the supervision of an inspector. If the adult 
bees cannot be transloaded immediately to the subsequent flight, you 
must store them within a completely enclosed building. Adult bees may 
not be transloaded from an aircraft to ground transportation for 
subsequent movement through the United States.
    (2) Bee germ plasm. You may transload bee germ plasm from one 
aircraft to another at the port of arrival in the United States only 
under the supervision of an inspector.


Sec. 322.30  Eligible ports for transit shipments.

    You may transit restricted organisms only at a port of entry 
staffed by an APHIS inspector.\7\
---------------------------------------------------------------------------

    \7\ To find out if a specific port is staffed by an APHIS 
inspector, or for a list of ports staffed by AHPIS inspectors, 
contact Permit Unit, Scientific Services, PPQ, APHIS, 4700 River 
Road Unit 133, Riverdale, Maryland 20737-1236; toll-free (877) 770-
5990; fax (301) 734-8700.
---------------------------------------------------------------------------

Subpart E--Importation and Transit of Restricted Articles


Sec. 322.31  General requirements; restricted articles.

    (a) The following articles from any region are restricted articles:
    (1) Dead bees of any genus;
    (2) Beeswax for beekeeping; and
    (3) Honey for bee feed.
    (b) Restricted articles may only be imported into or transit the 
United States in accordance with this part.


Sec. 322.32  Dead bees.

    (a) Dead bees imported into or transiting the United States must be 
either:
    (1) Immersed in a solution containing at least 70 percent alcohol;
    (2) Immersed in liquid nitrogen; or
    (3) Pinned and dried in the manner of scientific specimens.
    (b) Dead bees are subject to inspection at the port of entry in the 
United States to confirm that the requirements of paragraph (a) of this 
section have been met.


Sec. 322.33  Export certificate.

    Each shipment of restricted articles, except for dead bees, 
imported into or transiting the United States must be accompanied by an 
export certificate issued by the appropriate regulatory agency of the 
national government of the exporting region. The export certificate 
must state that the articles in the shipment have been treated as 
follows:
    (a) Beeswax. Liquefied.
    (b) Honey for bee feed. Heated to 212  deg.F (100  deg.C) for 30 
minutes.


Sec. 322.34  Notice of arrival.

    (a) At least 10 business days prior to the arrival in the United 
States of any shipment of restricted articles, you must notify APHIS of 
the impending arrival. Your notification must include the following 
information:
    (1) Your name, address, and telephone number;
    (2) The name and address of the recipient of the restricted 
articles;
    (3) The name, address, and telephone number of the producer;
    (4) The date you expect to receive the shipment;
    (5) A description of the contents of the shipment (i.e., dead bees, 
honey for bee feed, etc.); and
    (6) The total number of restricted articles you expect to receive.
    (b) You must provide the notification to APHIS through one of the 
following means:
    (1) By mail to the Permit Unit, Scientific Services, PPQ, APHIS, 
4700 River Road Unit 133, Riverdale, MD 20737-1236; or
    (2) By facsimile at (301) 734-8700; or
    (3) By electronic mail to [email protected].


Sec. 322.35  Mailed packages.

    (a) If you import a restricted article through the mail or through 
commercial express delivery, you must mark all sides of the outside of 
that package with the contents of the shipment and the name of the 
exporting region. The marking must be clearly visible using black 
letters at least 1 inch in height on a white background.
    (b) If you import a restricted article through commercial express 
delivery, you must provide an accurate description of the complete 
contents of the shipment for the shipment's delivery manifest entry.
    (c) In addition to the export certificate required in Sec. 322.33 
(if applicable) of this subpart, a restricted article that is imported 
by mail or commercial express delivery must be accompanied by an 
invoice or packing list accurately indicating the complete contents of 
the shipment.

[[Page 53867]]

Sec. 322.36  Restricted articles that are hand-carried or in personal 
baggage aboard aircraft arriving in the United States.

    If you import a restricted article via an international flight by 
hand-carrying the package or carrying it in your personal baggage, 
then:
    (a) That package containing the restricted article must be clearly 
marked with the contents of the shipment and the name of the exporting 
region; and
    (b) You must declare it at the port of entry in the United States 
by providing a copy of the export certificate required in Sec. 322.33 
(if applicable) to an inspector at the port.


Sec. 322.37  Restricted articles that are hand-carried or in a personal 
or commercial vehicle arriving at a land border port in the United 
States.

    If you import a restricted article through a land border port in 
the United States either by hand-carrying or in a personal or 
commercial vehicle (i.e., automobile or truck), then the person 
carrying the package containing the restricted article or the driver of 
the vehicle must present the export certificate required by Sec. 322.33 
(if applicable) of this subpart and an invoice or packing slip 
accurately indicating the complete contents of the shipment to the 
inspector at the land border port.


Sec. 322.38  Inspection; refusal of entry.

    (a) You must present shipments of restricted articles to the 
inspector at the port of entry in the United States. Shipments of 
restricted articles must remain at the port of entry until released by 
the inspector.
    (b) The inspector at the port will confirm that all shipments of 
restricted articles have proper documentation (see Sec. 322.33 of this 
subpart) and that you provided notice of arrival for all shipments of 
restricted articles (see Sec. 322.34 of this subpart).
    (c) If, upon inspection, any shipment fails to meet the 
requirements of this part, that shipment will be refused entry into the 
United States. In accordance with Sec. 322.2(c) of this part, the 
inspector will offer you, or in your absence the shipper, the 
opportunity to immediately export any refused shipments.


Sec. 322.39  Ports of entry.

    A restricted article may be imported only at a port of entry 
staffed by an APHIS inspector. To find out if a specific port is 
staffed by an APHIS inspector, or for a list of ports staffed by APHIS 
inspectors, contact Permit Unit, Scientific Services, PPQ, APHIS, 4700 
River Road Unit 133, Riverdale, Maryland 20737-1236; toll-free (877) 
770-5990; fax (301) 734-8700.

    Done in Washington, DC, this 13th day of August, 2002.
Bill Hawks,
Under Secretary, Marketing and Regulatory Programs.
[FR Doc. 02-20941 Filed 8-16-02; 8:45 am]
BILLING CODE 3410-34-P