[Federal Register Volume 68, Number 243 (Thursday, December 18, 2003)]
[Rules and Regulations]
[Pages 70421-70423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31203]



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  Federal Register / Vol. 68, No. 243 / Thursday, December 18, 2003 / 
Rules and Regulations  

[[Page 70421]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 03-067-1]


Ports of Entry for Certain Plants and Plant Products

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: We are amending the regulations governing the importation of 
nursery stock and other articles by designating the ports of Atlanta, 
Georgia, and Agana, Guam, as plant inspection stations. The addition of 
the two plant inspection stations will help reduce transportation time 
and costs to importers who must currently import plants through 
inspection stations that are considerably distant from the importers' 
facilities.

DATES: This rule will be effective on February 17, 2004, unless we 
receive written adverse comments or written notice of intent to submit 
adverse comments on or before January 20, 2004. If we receive written 
adverse comments or written notice of intent to submit adverse 
comments, we will publish a document in the Federal Register 
withdrawing this rule before the effective date.

ADDRESSES: You may submit comments or notice of intent to submit 
adverse comments by postal mail/commercial delivery or by e-mail. If 
you use postal mail/commercial delivery, please send four copies (an 
original and three copies) to: Docket No. 03-067-1, 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. 03-067-1. 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. 03-067-1'' 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.

FOR FURTHER INFORMATION CONTACT: Mr. James A. Petit de Mange, Senior 
Staff Officer, Quarantine Policy, Analysis and Support, PPQ, APHIS, 
4700 River Road Unit 60, Riverdale, MD 20737-1232; (301) 734-8295.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in 7 CFR part 319 prohibit or restrict the 
importation of certain plants and plant products into the United States 
to prevent the introduction of plant pests. The regulations contained 
in ``Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other 
Plant Products,'' Sec. Sec.  319.37 through 319.37-14 (referred to 
below as the regulations), restrict, among other things, the 
importation of living plants, plant parts, and seeds for propagation.
    In Sec.  319.37-14 of the regulations, paragraph (b) contains a 
list of approved ports of entry through which restricted articles may 
be imported into the United States. Restricted articles that do not 
require a permit may be imported through any of the approved ports of 
entry; restricted articles that do require a permit, because of their 
greater plant pest and disease risk, may be imported only through ports 
equipped with special inspection and treatment facilities. These ports, 
known as plant inspection stations, are indicated on the list by an 
asterisk.
    Currently, 14 plant inspection stations operate at or near many 
major U.S. ports and airports. These facilities are designed for 
inspection and, in some cases, treatment of imported plants and seeds. 
Plant Protection and Quarantine (PPQ) staffs plant inspection stations 
with officers who specialize in, among other things, entomology, plant 
pathology, and botany.
    At plant inspection stations, PPQ officers inspect imported plants 
and seeds to ensure that they are free from plant pests and diseases 
that are known not to occur in the United States and that they 
otherwise comply with U.S. import regulations. When pests or diseases 
are detected, PPQ may require that the planting material be treated, 
exported, or destroyed.
    In order to be designated as a plant inspection station, a building 
must have adequate space for inspection areas to be set up, laboratory 
facilities for pest and disease identification, provide easy access by 
shipments for inspection, and, in most cases, contain various treatment 
facilities. We have determined that the facilities in Atlanta, GA, and 
Agana, GU, satisfy the criteria for designation as plant inspection 
stations.
    Therefore, in accordance with the procedures explained below under 
``Dates,'' this rule amends the list of ports of entry in Sec.  319.37-
14(b) by replacing the current entries for Atlanta, GA, and Agana, GU, 
on the list and designating those ports as plant inspection stations.

Dates

    We are publishing this rule without a prior proposal because we 
view this action as noncontroversial and anticipate no adverse public 
comment. This rule will be effective, as published in this document, on 
February 17, 2004, unless we receive written adverse comments or 
written notice of intent to submit adverse comments on or before 
January 20, 2004.
    Adverse comments are comments that suggest the rule should not be 
adopted or that suggest the rule should be changed.
    If we receive written adverse comments or written notice of intent 
to submit adverse comments, we will publish a document in the Federal 
Register withdrawing this rule before the effective date. We will then 
publish a proposed rule for public comment.

[[Page 70422]]

    As discussed above, if we receive no written adverse comments or 
written notice of intent to submit adverse comments within 30 days of 
publication of this direct final rule, this direct final rule will 
become effective 60 days following its publication. We will publish a 
document in the Federal Register, before the effective date of this 
direct final rule, confirming that it is effective on the date 
indicated in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review under 
Executive Order 12866.
    This proposed rule would add Atlanta, GA, and Agana, GU, as ports 
of entry through which individuals and companies would be able to 
import nursery stock. This action would save business costs to 
concerned individuals and companies, making the routing of nursery 
stock materials to other authorized entry ports unnecessary.
    We are amending the regulations governing the importation of 
nursery stock and other articles by designating the ports of Atlanta, 
Georgia, and Agana, Guam, as plant inspection stations. The addition of 
the two plant inspection stations will help reduce transportation time 
and costs to importers who must currently import plants through 
inspection stations that are considerably distant from the importers' 
facilities.
    The United States imported about 700 million plant units in 2002, 
about 4.6 percent over the previous year and 21 percent above 2000 
level.\1\ Nursery stock imports were valued at $591 million in 2002, an 
increase of about 135 percent over a decade ago. The major sources are 
Canada (50.4 percent), Netherlands (25.5 percent), Costa Rica (3.9 
percent), Mexico (2.7 percent), and Taiwan (2.2 percent). Nursery stock 
exports were valued at $250 million in 2002, about 13 percent over 1992 
total.\2\
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    \1\ USDA/APHIS/PPQ, WADS Database, June 2003.
    \2\ USDA/ERS, Foreign Agricultural Trade of the United States, 
June 30, 2003.
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    Planting seeds are imported from many countries, with a few 
countries accounting for the major proportion of U.S. total planting 
seed imports. The leading suppliers are Chile ($105.8 million), Canada 
($105 million), the Netherlands ($36.5 million), Argentina ($21.2 
million), China ($17.9 million), Japan ($14 million), Finland ($11.1 
million), Australia ($8.3 million), Denmark ($7.5 million), and India 
($7.1 million) in 2001.\3\ These 10 countries accounted for $334.4 
million, or about 84 percent, of total U.S. planting seed imports.
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    \3\ USDA/FAS, FAS Online: U.S. Planting Seed Trade Archives 
(http://www.fas.usda.gov/seed_arc.html)
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Nursery Stock Industry

    The availability of good quality nursery stock and seeds 
contributes to domestic production of food grains, field crops, cotton, 
oil crops, vegetables, herbs, flowers, trees, and shrubs. Presently, 
imported nursery stock and seeds can enter the United States with a 
phytosanitary certificate through 14 approved plant inspection 
stations. Atlanta, GA, and Agana, GU, though not listed as approved 
Federal plant inspection stations, currently serve as ports of entry 
for other restricted articles that do not require a permit. The new 
facilities in Georgia and Guam have the capacity and resources to 
handle the importation of nursery stock and seeds, which will allow 
them to be listed as plant inspection stations.
    This action may result in reduced costs for importers by making the 
routing of nursery stock materials through another plant inspection 
station unnecessary when the materials are destined for the regions of 
Atlanta, GA, or Agana, GU. Importers and distributers both in Atlanta, 
GA, and Agana, GU, should benefit from transportation cost savings and 
reduced plant injury that can result during transport.
    The Agana International Airport serves Guam and surrounding 
islands, which are growing tourist centers. Currently, most of the 
nursery stock imported into Guam is routed through Hawaii. Very little 
is imported from Asian sources because of the time and cost involved in 
shipping to Federal plant inspection stations in Hawaii and then to 
Guam. Additionally, plant mortality is high due to the additional time 
involved routing through Honolulu, HI, which is a major factor apart 
from the shipping cost. The direct air cargo cost from Narita, Japan, 
to Honolulu, HI, is $11.96 per kilogram and from Hawaii to Guam is 
$6.65 per kilogram for a total routing cost from Narita to Guam of 
$18.61 per kilogram. The direct air cargo cost from Narita to Guam is 
$7.04 per kilogram. Thus, as Agana becomes an approved Federal plant 
inspection station, importers will benefit from direct importation of 
nursery stock materials from Japan, Taiwan, China, the Philippines, and 
other Asian countries through reduced transportation costs. Presently 
there are 20 establishments engaged in nursery stock trade in Guam. The 
number of establishments that import nursery stock may increase because 
of the reduced transportation costs, reduced time, and lower 
probability of damaged plants.
    The Hartsfield Atlanta International Airport is becoming a major 
air cargo hub. It is an entry port for other restricted articles that 
do not require a permit and is much closer to most nursery stock 
importers from the surrounding areas and States (northern Alabama, 
North Carolina, South Carolina, southern Virginia, Kentucky, and 
Tennessee) than any of the other closest Federal plant inspection 
stations in Miami, FL, New Orleans, LA, and Orlando, FL. There are 
about 470 retail nursery companies in Georgia alone, of which 141 are 
in metropolitan areas. Nursery retailers from the surrounding areas 
that import products would benefit from reduced routing costs and 
reduced mortality of plants that usually occurs from multiple box 
openings for inspection and from the longer time elapsed between the 
place of origin and the final destination.

Impact on Small Entities

    The Regulatory Flexibility Act requires that agencies consider the 
economic impact of their rules on small entities. The Small Business 
Administration (SBA) has established the size standards for determining 
which economic entities meet the definition of a small firm. A retail 
nursery or lawn and garden store (NAICS code 444220) \4\ is defined as 
a small business if it employs 100 or fewer workers. Resort hotels, 
golf courses, and local governments that use nursery stock for parks 
and landscaping could be affected. Additionally, specialized groups 
such as horticultural societies, arboreta, and individual plant 
hobbyists who import and exchange nursery stock and small lots of seed 
could also be affected.
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    \4\ U.S. Census Bureau, 1997 Economic Census, Wholesale Trade-
Subject Series, August 2000.
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    Nationally, there are 6,845 establishments that are engaged in 
selling trees, shrubs, other plants, seeds, bulbs, mulch, and related 
products (NAICS 444220). About 470 of these are in Georgia, including 
the Atlanta metropolitan area. There are 20 companies currently engaged 
in nursery stock trade in Guam. Over 99 percent are small entities. 
However, specialized groups such as horticultural societies, arboreta, 
several resort hotels, golf courses, and local governments that use 
imported plants for landscaping

[[Page 70423]]

projects, and individual hobbyists who collect, grow, exhibit, 
preserve, exchange, and donate special nursery stocks and seeds could 
also be affected. The exact present size and number of these entities 
are difficult to determine.
    Since Atlanta, GA, and Agana, GU, already serve as ports of entry 
for other restricted articles and have the capacity and resources to 
handle the importation of nursery stock and seeds, no effect on Federal 
Government processing of permits and inspection of imported materials 
is expected. Also, no effects on other Federal agencies and State and 
local governments are expected. Since imports of these materials are a 
small fraction of the total domestic supply of nursery stock and seeds, 
no substantial change in supply and price is expected.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

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

Paperwork Reduction Act

    This rule contains no new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 7 CFR Part 319

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


0
Accordingly, 7 CFR part 319 is amended as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

    Authority: 7 U.S.C. 450 and 7701-7772; 21 U.S.C. 136 and 136a; 7 
CFR 2.22, 2.80, and 371.3.

0
2. In Sec.  319.37-14, paragraph (b), the list of ports of entry is 
amended by revising the entries for Atlanta, Georgia, and Agana, Guam, 
to read as follows:


Sec.  319.37-14  Ports of entry.

* * * * *
    (b) * * *

List of Ports of Entry

* * * * *

Georgia

Atlanta

Hartsfield Atlanta International Airport, Atlanta, GA 30320. * * *

Guam

Agana

Guam International Airport, Tamuning, GU 96931.
* * * * *

    Done in Washington, DC, this 11th day of December, 2003.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-31203 Filed 12-17-03; 8:45 am]
BILLING CODE 3410-34-P