[Federal Register Volume 71, Number 71 (Thursday, April 13, 2006)]
[Rules and Regulations]
[Pages 19097-19102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3554]



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  Federal Register / Vol. 71, No. 71 / Thursday, April 13, 2006 / Rules 
and Regulations  

[[Page 19097]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 02-119-2]
RIN 0579-AB78


Importation of Small Lots of Seed Without Phytosanitary 
Certificates

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending the nursery stock regulations to allow the 
importation of small lots of seed under an import permit with specific 
conditions, as an alternative to the current phytosanitary certificate 
requirement. This change is necessary because several entities that 
import small lots of seed--individual importers, scientists, 
horticultural societies, arboreta, and small businesses--have had 
difficulty obtaining the necessary certificates and have been adversely 
affected by the phytosanitary certificate requirement. The change makes 
it feasible for those entities to import small lots of seed and ensures 
prompt and consistent service for such importers while continuing to 
protect against the introduction of plant pests into the United States 
and providing the Animal and Plant Health Inspection Service with 
necessary information about the quality, quantity, and diversity of the 
imported material.

DATES: Effective Date: May 15, 2006.

FOR FURTHER INFORMATION CONTACT: Dr. Arnold Tschanz, Senior Staff 
Officer, Regulatory Coordination Staff, PPQ, APHIS, 4700 River Road 
Unit 141, Riverdale, MD 20737-1236; (301) 734-5306.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR part 319 prohibit or restrict the 
importation into the United States of certain plants and plant products 
to prevent the introduction of plant pests and noxious weeds into the 
United States. The regulations contained in ``Subpart--Nursery Stock, 
Plants, Roots, Bulbs, Seeds, and Other Plant Products'' (sections 
319.37 through 319.37-14, referred to below as the regulations) 
prohibit or restrict, among other things, the importation of living 
plants, plant parts, and seeds for propagation.
    Nursery stock, plants, seeds, and other propagative plant material 
that cannot be feasibly inspected, treated, or handled to prevent them 
from introducing plant pests new to or not widely distributed in the 
United States are listed in the regulations as prohibited articles. 
Prohibited articles may not be imported into the United States, unless 
imported by the U.S. Department of Agriculture (USDA) for experimental 
or scientific purposes under specified safeguards.
    All other nursery stock, plants, seeds, and other propagative plant 
material that can be inspected, treated, or handled to prevent them 
from introducing plant pests are considered restricted articles. 
Restricted articles may be imported into the United States if they are 
imported in compliance with conditions that include a phytosanitary 
certificate and port of entry inspection and that may include the need 
for a permit, treatment, or postentry quarantine.
    On April 29, 2004, we published in the Federal Register (69 FR 
23451-23456, Docket No. 02-119-1) a proposed rule to amend the nursery 
stock regulations to allow the importation of small lots of seed under 
an import permit, with specific conditions, as an alternative to the 
current phytosanitary certificate requirement. We proposed this change 
because several entities that import small lots of seed--individual 
importers, scientists, horticultural societies, arboreta, and small 
businesses--have had difficulty obtaining the necessary certificates 
and have been adversely affected by the phytosanitary certificate 
requirement. Our proposed change was intended to make it feasible for 
those entities to import small lots of seed and ensure prompt and 
consistent service for such importers while continuing to protect 
against the introduction of plant pests into the United States and 
providing the Animal and Plant Health Inspection Service (APHIS) with 
necessary information about the quality, quantity, and diversity of the 
imported material.
    We solicited comments on our proposal for 60 days ending on June 
28, 2004. We received 45 comments by that date, from private citizens, 
hobbyists, researchers, horticultural societies, industry group 
representatives, and foreign plant protection organizations. In all, 42 
commenters generally supported the proposed rule, although 18 of these 
commenters suggested specific changes. Three commenters opposed the 
proposed rule. The issues raised by the commenters are discussed below.
    Three commenters stated that the proposed changes represented a 
lessening of restrictions which would allow the introduction of plant 
pests into the United States.
    We disagree. We are confident that the same assurances and 
information gained through the use of a phytosanitary certificate will 
be obtained through the permitting process described in this final 
rule. A phytosanitary certificate, as defined in Sec.  319.37-1 of the 
regulations, is ``A document relating to a restricted article, which is 
issued by a plant protection official of the country in which the 
restricted article was grown, which is issued not more than 15 days 
prior to shipment of the restricted article from the country in which 
grown, which is addressed to the plant protection service of the United 
States (APHIS' Plant Protection and Quarantine [PPQ] program), which 
contains a description of the restricted article intended to be 
imported into the United States, which certifies that the article has 
been thoroughly inspected, is believed to be free from injurious plant 
diseases, injurious insect pests, and other plant pests, and is 
otherwise believed to be eligible for importation pursuant to the 
current phytosanitary laws and regulations of the United States, and 
which contains any specific additional declarations required under this 
subpart.''
    The first part of that definition can be characterized as being 
administrative in nature (who issues the certificate, when

[[Page 19098]]

it is issued, and to whom it is addressed). With respect to the 
remainder of the definition, we offer the following comparisons:
     ``Which contains a description of the restricted article 
intended to be imported into the United States.'' This will be covered 
by the permit application, in which we ask for approximate quantity 
(which, for small lots of seed, is limited by the regulations) and 
kinds (botanical designations) of articles intended to be imported, and 
on the permit itself, which will identify the amount and nature of the 
articles authorized importation by the permit.
     ``Which certifies that the article has been thoroughly 
inspected.'' The permit will direct that the seeds first go to the 
Plant Germplasm Quarantine Center in Beltsville, MD, or to a USDA plant 
inspection station where a thorough inspection will occur.
     ``Is believed to be free from injurious plant diseases, 
injurious insect pests, and other plant pests.'' The outcome of the 
inspection cited above will be determinative of whether the seeds are 
allowed entry into the United States; if pests are found, the shipment 
will be treated, re-exported, or destroyed.
     ``Is otherwise believed to be eligible for importation 
pursuant to the current phytosanitary laws and regulations of the 
United States.'' We will ascertain this during our review of the permit 
application, based on the applicant's description of the articles for 
which a permit is being sought.
     ``And which contains any specific additional declarations 
required under this subpart.'' Under section 319.37-4(d)(2) of this 
final rule, seeds that require an additional declaration (such 
requirements are contained in section 319.37-5 of the regulations) are 
not eligible for importation without a phytosanitary certificate.
    Given the above, we believe that the permitting process for small 
lots of seed provided for in this rule will ensure a level of 
protection equivalent to that provided by a phytosanitary certificate.
    In the proposed rule, section 319.37-4(d)(3) provided, among other 
things, that there be a maximum of 50 seeds of 1 taxon (taxonomic 
category such as genus, species, cultivar, etc.) per packet, with a 
maximum of 50 seed packets per shipment, and that the seed packets be 
in gas permeable packages. Several commenters pointed out that some 
seeds, such as orchid seeds, are very small in size and asked that we 
include a maximum weight per packet as an alternative to the maximum 
number of seeds per packet. Other commenters, noting that some types of 
seed must be kept moist to remain viable, asked that we remove the 
requirement for gas permeable packaging.
    We agree with the points raised by these commenters and have 
modified section 319.37-4(d)(3) in this final rule to allow either a 
maximum seed number or maximum seed weight for each taxon in a seed 
packet, either 50 seeds of 1 taxon per packet or 10 grams of seed of 1 
taxon per packet.
    We have also modified section 319.37-4(d)(3) in this final rule to 
allow the use of any typical seed packaging (e.g., clear plastic 
resealable packets, gas permeable packets, etc.). In connection with 
this change, we note that shipping small lots of seed in clear plastic, 
resealable packets, where the seed occupies less than a single layer in 
the packet, may potentially expedite these shipments through the 
inspection process, as this type of packaging allows inspectors, in 
most cases, to view the seed directly through the plastic, rather than 
opening the packets and emptying the seed for inspection.
    Five commenters were concerned that the process and cost for 
obtaining the import permits required as outlined in the proposed rule 
were still too restrictive and cost prohibitive to hobbyists and seed 
exchange organizations.
    This rule is designed to eliminate the difficulties small entities 
have obtaining phytosanitary certificates for small lots of seed by 
allowing the importation of small lots of seed under an import permit 
with specific conditions as an alternative to the current phytosanitary 
certificate requirement. However, as discussed above, in order to 
provide a level of protection equivalent to that provided by the 
phytosanitary certificate, it is necessary that we have specific 
requirements that must be met in order for shipments of small lots of 
seed to qualify for importation.
    We believe the specific requirements contained in this rule are 
feasible for those entities, and will ensure prompt and consistent 
service for such importers. APHIS does not charge a fee for the 
issuance of the permit required under this rule. Further, the shipping 
costs incurred by importers of small lots of seed as a result of these 
changes are likely to be much less than the costs of obtaining a 
phytosanitary certificate as required under the current regulations, 
which, as noted in the proposed rule, vary by country but can be as 
much as $100 or more and can be equal to several times the value of the 
commodity itself. These changes are expected to decrease the current 
economic burden on importers of small lots of seed.
    In section 319.37-4, we proposed several additional requirements 
that would have to be met in order for shipments of small lots of seed 
to qualify for importation under a permit. One of the requirements 
would be that the shipment must be free from soil, plant material other 
than seed, other foreign matter or debris, seeds in the fruit or seed 
pod, and living organisms such as parasitic plants, pathogens, insects, 
snails, or mites. One commenter suggested that we clarify this language 
to make it clear that this requirement does not necessitate the removal 
of normal integral parts or appendages of the seeds. The commenter 
stated that removal of these appendages is very difficult, if not 
impossible, and damage to the seeds while trying to remove them could 
be severe enough to reduce or destroy seed viability.
    We believe that our inspectors will be readily able to 
differentiate between normal integral parts or appendages of seed and 
those articles listed in the proposed rule and this final rule as 
prohibited (e.g., plant material other than seed or other foreign 
matter or debris). Thus, we do not believe it is necessary to include 
the clarification sought by the commenter in this final rule.
    In section 319.37-4, we also proposed that shipments of seed would 
have to be free from pesticides. One commenter suggested that we allow 
the importation of seeds treated with effective fungicides, such as 
Thiram, because much of the small lots of seed available in retail 
commerce abroad are already treated with fungicides.
    Treated seeds are not permitted because fungicides are difficult to 
distinguish from one another and may mask the presence of pathogens. 
Also, some fungicides/pesticides are toxic and may pose health hazards 
to inspectors. Therefore, we believe that it is necessary to keep this 
restriction to protect against the introduction of plant pests into the 
United States.
    Two commenters were concerned that prohibited or restricted seed 
would be imported without the proper regulatory review and encouraged 
APHIS to clarify the requirements that apply to the importation of 
small lots of such seed (e.g., genetically modified seed or potato 
seed).
    This rule applies only to seeds that are already enterable under 
the current regulations. We stated in section 319.37-4(d)(2) of the 
proposed rule that permits in lieu of phytosanitary certificates would 
be available only for seed that is not of any prohibited genera

[[Page 19099]]

as listed in section 319.37-2 of the regulations; is not of any noxious 
weed species listed in 7 CFR part 360; does not require an additional 
declaration on a phytosanitary certificate in accordance with section 
319.37-5 of the regulations; does not require treatment in accordance 
with section 319.37-6 of the regulations; and is eligible for 
importation under the regulations regarding plant pests in 7 CFR part 
330 and the imported seed regulations in 7 CFR part 361.
    We believe that these conditions make it clear that seed that is 
prohibited or subject to additional restrictions under other provisions 
of our regulations would not be eligible for importation under permit 
in lieu of a phytosanitary certificate. However, the commenter's 
mention of genetically modified seed has led us to include a reference 
to our regulations in 7 CFR part 340 regarding genetically modified 
organisms in section 319.37-4(d)(2) of this final rule. Specifically 
citing part 340 will make it clear that seeds subject to the 
regulations in that part are not eligible for importation under the 
permitting provisions described in this final rule.
    One commenter suggested that we change the import permit to allow 
``worldwide'' as an acceptable country of origin, or that we allow 
importers to make Internet updates to requested countries of origin on 
a yearly, or more frequent, basis. The commenter also suggested that we 
remove the ``predict quantity of seeds in shipment'' data element from 
the permit application.
    Normally, we use country-of-origin information to help us determine 
a commodity's eligibility for importation. However, given that the 
regulations in section 319.37-4(d)(2) clearly spell out the kinds of 
seed that are eligible for importation under a small lots of seed 
permit (i.e., the seed is not of any prohibited genera listed in 
section 319.37-2; is not of any noxious weed species listed in 7 CFR 
part 360, etc.), we believe that specific country-of-origin information 
in this case is not as necessary as it might be otherwise. While we 
would expect that an applicant would indicate a specific country or 
countries on the permit application if he or she had a particular 
source for the seeds in mind, we agree with the commenter's suggestion 
and will allow ``worldwide'' to be used as the origin of shipments 
covered under a small lots of seed permit and will include information 
to that effect in the instructions that will accompany the permit 
application.
    In its current configuration, APHIS' Internet-based permitting 
mechanism--the APHIS Import Authorization System--cannot accept 
amendments to or renewals of the type of permit that will be issued for 
small lots of seed (i.e., PPQ Form 587, Application for Permit to 
Import Plants or Plant Products). However, the instructions that 
accompany PPQ Form 587 do include information and instructions for 
requesting an amendment to or renewal of a current permit, so the 
update option suggested by the commenter is also available, albeit not 
through the Internet at this time.
    With respect to the commenter's suggestion that we remove the 
``predict quantity of seeds in shipment'' data element from the permit 
application, we had expected to use that information to allow the 
permit specialist to determine whether the quantity of seeds the permit 
applicant was seeking to import was within the eligibility limits set 
for the small lots of seed permit. However, given that the regulations 
do limit the quantity of seed that may be imported under a small lots 
of seed permit (i.e., a maximum of 50 seeds of 1 taxon per packet or a 
maximum weight not to exceed 10 grams of seed of 1 taxon per packet, up 
to a maximum of 50 packets per shipment), we agree that it is not 
necessary for the applicant to predict the quantity of seeds in a 
shipment. Because the form that will be used (PPQ Form 587) is also 
used for other articles, the ``predict quantity'' data element will 
remain on the form; however, the instructions that will accompany the 
permit application will direct applicants seeking to import seed in 
quantities within those eligibility limits to indicate that he or she 
is requesting a permit to import small lots of seed, which removes the 
need for the applicant to predict quantities in such cases.
    PPQ will update its ``Plants and Plant Products Permits'' Web site 
(http://www.aphis.usda.gov/ppq/permits/plantproducts/nursery.html) to 
provide information on those plant taxa (e.g., noxious weeds, plants 
that are prohibited or otherwise restricted under the regulations, 
etc.) that are not eligible for import under the small lots of seed 
permit. This Web site will also contain instructions for obtaining and 
completing a permit application and requesting an amendment to or 
renewal of a current permit, as well as other related information.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This 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.
    In this document, we are amending the nursery stock regulations to 
allow the importation of small lots of seed under an import permit with 
specific conditions, as an alternative to the current phytosanitary 
certificate requirement. This change is necessary because several 
entities that import small lots of seed--individual importers, 
scientists, horticultural societies, arboreta, and small businesses--
have had difficulty obtaining the necessary certificates and have been 
adversely affected by the phytosanitary certificate requirement. The 
change makes it feasible for those entities to import small lots of 
seed and ensures prompt and consistent service for such importers while 
continuing to protect against the introduction of plant pests into the 
United States and providing APHIS with necessary information about the 
quality, quantity, and diversity of the imported material.
    For this final rule, we have prepared an economic analysis, which 
is set out below. The economic analysis provides a cost-benefit 
analysis as required by Executive Order 12866 and an analysis of the 
potential economic effects of this rule on small entities as required 
by the Regulatory Flexibility Act.
    Seed production and trade play important roles in the U.S. economy. 
The total market value of seeds purchased by farmers in 2001 was about 
$7.6 billion, and cash receipts from these crops were valued at about 
$96 billion for the same year.\1\ The United States is a net exporter 
of seeds. During the 2001-2002 seed marketing year, which runs from 
July through June, the United States exported 1,963 million pounds of 
planting seeds, valued at approximately $823 million, and imported 653 
million pounds of seeds, valued at approximately $398 million.
---------------------------------------------------------------------------

    \1\ USDA/National Agricultural Statistics Service, Agricultural 
Statistics 2002, June 2002.
---------------------------------------------------------------------------

    Although U.S. exports of planting seeds are widely distributed 
among several different trading partners, there are 10 countries that 
together account for about 75 percent of the total U.S. seed exports 
(table 1). Imports of planting seed into the United States also come 
from several different countries. The top 10 suppliers together account 
for approximately 84 percent of the total U.S. imports of planting seed 
(table 1).

[[Page 19100]]



    Table 1.--U.S. Exports and Imports of Planting Seeds in 2001-2002
------------------------------------------------------------------------
 
------------------------------------------------------------------------
      U.S. exports (in million $)U.S. imports (in million $)
------------------------------------------------------------------------
Mexico.......................     249.9  Chile................     105.8
Canada.......................     125.6  Mexico...............     105
Japan........................      59.1  Netherlands..........      36.5
Italy........................      40.6  Argentina............      21.2
France.......................      36.6  China................      17.9
Netherlands..................      32.2  Japan................      14
Spain........................      24.2  Finland..............      11.1
China........................      16.1  Australia............       8.3
Korea........................      15.4  Denmark..............       7.5
Saudi Arabia.................      13.8  India................       7.1 
------------------------------------------------------------------------
Source: USDA/Foreign Agricultural Service, Foreign Agricultural Trade of
  the United States, Revised March 2003; USDA/Foreign Agricultural
  Service, U.S. Planting Seed Trade Archives, August 2002.

    Many varieties of seed are traded between the United States and 
other countries. The major categories include grasses, other forages, 
pulses, vegetables, field crops, and miscellaneous varieties of plants 
(flowers, trees, and shrubs). Field crops are the largest category of 
seed exports and imports (table 2).

 Table 2.--Types and Value of Seed Traded Between the United States and
                            Trading Partners
------------------------------------------------------------------------
                                         Export  (in       Import  (in
            Type of seed                 million $)        million $)
------------------------------------------------------------------------
Field crops.........................               315               131
Vegetable...........................               251               104
Grasses.............................               103                35
Miscellaneous.......................                67                60
Forage..............................                49                21
Pulses..............................                40               49
------------------------------------------------------------------------
Source: USDA/Foreign Agricultural Service, Foreign Agricultural Trade of
  the United States, Revised March 2003; USDA/Foreign Agricultural
  Service, U.S. Planting Seed Trade Archives, August 2002.

    The availability of seeds of good quality contributes to domestic 
production of food grains, field crops, cotton, oil crops, vegetables, 
herbs, flowers, trees, and shrubs. There are close to 900 seed 
companies in the United States that engage in certified seed trade 
(domestic and international). In addition, specialized groups such as 
horticultural societies, arboreta, and individual hobbyists collect, 
grow, exhibit, preserve, exchange, and donate specialty seeds and often 
import small lots of seed.

Costs and Benefits

    The changes in this rule will not result in any increase in 
mandatory spending for the Federal Government, which already provides 
permitting and port of entry inspection services. The changes in 
procedures for small lots of seed will be accomplished through normal 
workload adjustment; although specialists may be spending slightly more 
time in the near future issuing permits for and inspecting seed 
packages than in the past, we will handle this work in the same way we 
handle all normal fluctuations of work for permitting and inspection. 
Our permitting and inspection costs overall will not increase as a 
result of this action.
    The changes are expected to generate several benefits without 
increasing costs for affected private entities. Plant specialists, 
gardeners, arboreta, and horticultural societies will be able to more 
widely acquire new kinds of seeds to expand plant diversity, such as 
plant species that are drought- or disease-resistant or other unique 
types of plants. Private gardeners will benefit from an increased 
availability of special seeds. Also, the entry of imported seeds 
through plant inspection stations will provide APHIS with a more 
accurate picture of seed import activity, using data generated from 
permit issuance and the actual importation data from U.S. ports of 
entry. Finally, we expect that the risk of the introduction or 
dissemination of plant diseases will be reduced, to the extent that any 
seeds that are currently being imported illegally because of the costs 
or other difficulties associated with obtaining a phytosanitary 
certificate are replaced by seeds that are legally imported under 
permit and subjected to inspection. Compared to the costs associated 
with obtaining a phytosanitary certificate, shipping costs, which will 
be discussed in the following paragraphs, should not be a burden on 
importers of small lots of seed and should not be appreciably more than 
shipping costs importers must already pay in order to import seeds from 
overseas suppliers.

Shipping Costs

    As discussed in the proposed rule and as provided in this final 
rule, importers will be responsible for transportation costs from the 
overseas seed supplier to the PPQ plant inspection station and the 
costs of shipping the seed from the plant inspection station to the 
importer's address. APHIS-PPQ has estimated shipping costs for 
importers of small lots of seed using a worst case scenario of a 
shipment of 50 packets of 50 corn seeds per packet (the maximum 
shipment size that would be allowed under this rule), which would weigh 
less than 2 pounds. Currently, this shipment would cost $4.49 for 
parcel post and $5.75 for priority mail to ship the seeds from the 
inspection station at Beltsville, MD, to the farthest destination 
within the United States. Corn seed was used in this example because it 
is considerably heavier than most ornamental seed, which is the type 
expected to be shipped. Shipping costs for smaller, lightweight seeds 
would be much less than those in the example.

[[Page 19101]]

    Currently, importers who import articles that require inspection, 
such as will be the case with small lots of seed, cover the costs of 
shipping the article from the plant inspection station to the 
importer's address, using one of two options: (1) Provide a shipping 
container and the estimated amount of postage necessary to the overseas 
supplier who would then send it along with the shipment to the plant 
inspection station, or (2) provide an account number for the United 
States Postal Service or for a commercial shipping service to be 
charged by the inspectors at the plant inspection station.
    In general, the shipping costs incurred by importers of small lots 
of seed as a result of these changes would be much less than the costs 
of obtaining a phytosanitary certificate as required under the current 
regulations, which, as noted previously, vary by country but can be as 
much as $100 or more and can be equal to several times the value of the 
commodity itself. These changes are expected to decrease the current 
economic burden on importers of small lots of seed.

Impact on Small Entities

    The Small Business Administration (SBA) has established size 
standards based on the North American Industry Classification System 
(NAICS) to determine and to classify which economic entities can be 
considered small entities. The SBA classifies seed companies (NAICS 
422910) \2\ as small if they employ 100 or fewer workers. There are 
close to 900 seed companies that are involved in certified seed trade 
(domestic and international) in the United States. About 97 percent of 
these companies would be considered small by SBA standards. In 
addition, groups such as horticultural societies, arboreta, and 
individual hobbyists collect, grow, exhibit, preserve, exchange, 
donate, and import small lots of seeds. The size of these entities is 
difficult to determine, and the exact number of seed importers is not 
known. This final rule will primarily affect those entities who import 
small lots of seed. Based on information that we have received from 
several horticultural societies and from various individuals and small 
businesses that currently import small lots of seed, we expect 
approximately 2,000 import permit applications over the first 5 years, 
so approximately 400 import permit applications are expected per year.
---------------------------------------------------------------------------

    \2\ U.S. Census Bureau, 1997 Economic Census, Wholesale Trade-
Subject Series, August 2000.
---------------------------------------------------------------------------

    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final 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

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0579-0285.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information pertinent to GPEA 
compliance related to this rule, please contact Mrs. Celeste Sickles, 
APHIS' Information Collection Coordinator, at (301) 734-7477.

List of Subjects in 7 CFR Part 319

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

0
Accordingly, we are amending 7 CFR part 319 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, 7701-7772, and 7781-7786; 21 U.S.C. 136 
and 136a; 7 CFR 2.22, 2.80, and 371.3.


0
2. Section 319.37-3 is amended as follows:
0
a. In paragraph (a)(16), by removing the period at the end of the 
paragraph and adding a semicolon in its place.
0
b. In paragraph (a)(17), by removing the period at the end of the 
paragraph and adding the word ``; and'' in its place.
0
c. By adding a new paragraph (a)(18) to read as set forth below.


Sec.  319.37-3  Permits.

    (a) * * *
    (18) Small lots of seed imported in accordance with Sec.  319.37-
4(d) of this subpart.
* * * * *

0
3. Section 319.37-4 is amended as follows:
0
a. In paragraph (a), by removing the word ``Any'' and adding the words 
``Except for small lots of seed imported in accordance with paragraph 
(d) of this section, any'' in its place.
0
b. By adding a new paragraph (d) to read as set forth below.
0
c. By adding an OMB control number citation at the end of the section 
to read as set forth below.


Sec.  319.37-4  Inspection, treatment, and phytosanitary certificates 
of inspection.

* * * * *
    (d) Small lots of seed. Lots of seed may be imported without a 
phytosanitary certificate required by paragraph (a) of this section 
under the following conditions:
    (1) The importation of the seed is authorized by a written permit 
issued in accordance with Sec.  319.37-3.
    (2) The seed is not of any prohibited genera listed in Sec.  
319.37-2; is not of any noxious weed species listed in part 360 of this 
chapter; does not require an additional declaration on a phytosanitary 
certificate in accordance with Sec.  319.37-5; does not require 
treatment in accordance with Sec.  319.37-6; is not restricted under 
the regulations in parts 330 and 340 of this chapter; and meets the 
requirements of part 361 of this chapter.
    (3) The seed meets the following packaging and shipping 
requirements:
    (i) Each seed packet is clearly labeled with the name of the 
collector/shipper, the country of origin, and the scientific name at 
least to the genus, and preferably to the species, level;
    (ii) There are a maximum of 50 seeds of 1 taxon (taxonomic category 
such as genus, species, cultivar, etc.) per packet; or a maximum weight 
not to exceed 10 grams of seed of 1 taxon per packet;
    (iii) There are a maximum of 50 seed packets per shipment;
    (iv) The seeds are free from pesticides;
    (v) The seeds are securely packaged in packets or envelopes and 
sealed to prevent spillage;
    (vi) The shipment is free from soil, plant material other than 
seed, other foreign matter or debris, seeds in the fruit or seed pod, 
and living organisms

[[Page 19102]]

such as parasitic plants, pathogens, insects, snails, mites; and
    (vii) At the time of importation, the shipment is sent to either 
the Plant Germplasm Quarantine Center in Beltsville, MD, or a port of 
entry listed in Sec.  319.37-14(b) and designated by an asterisk.

(Approved by the Office of Management and Budget under control 
number 0579-0285)

    Done in Washington, DC, this 6th day of April 2006.
Charles D. Lambert,
Acting Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 06-3554 Filed 4-12-06; 8:45 am]
BILLING CODE 3410-34-P