[Federal Register Volume 72, Number 150 (Monday, August 6, 2007)]
[Rules and Regulations]
[Pages 43503-43524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15124]



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  Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Rules 
and Regulations  

[[Page 43503]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 319, 330, and 340

[Docket No. 03-002-3]
RIN 0579-AC51


Importation of Nursery Stock

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations on importing nursery stock to 
eliminate various restrictions on the importation of kenaf seed; to 
establish programs for the importation of approved plants from the 
Canary Islands and from Israel; to require an additional declaration on 
the phytosanitary certificate accompanying blueberry plants imported 
from Canada; to require that phytosanitary certificates include the 
genus names of the restricted articles they accompany, and the species 
names when restrictions apply to species within a genus; to change the 
phytosanitary certificate requirements for several restricted articles; 
to reduce the postentry quarantine growing period for Hydrangea spp.; 
and to update the list of ports of entry and Federal plant inspection 
stations. We are also making several other changes to update and 
clarify the regulations and improve their effectiveness. These changes 
are necessary to relieve restrictions that appear unnecessary, update 
existing provisions, and make the regulations easier to understand and 
implement.

DATES: Effective Date: September 5, 2007.

FOR FURTHER INFORMATION CONTACT: Dr. Arnold T. Tschanz, Senior Import 
Specialist, Commodity Import Analysis and Operations, PPQ, APHIS, 4700 
River Road Unit 133, Riverdale, MD 20737-1236; (301) 734-5306.

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.
    On December 15, 2005, we published in the Federal Register (70 FR 
74215-74235, Docket No. 03-002-1) a proposal \1\ to make several 
amendments to the nursery stock regulations. We solicited comments 
concerning the proposal for 60 days ending February 13, 2006. We 
reopened and extended the deadline for comments until March 31, 2006, 
in a document published in the Federal Register on February 28, 2006 
(71 FR 9978, Docket No. 03- 002-2). We received 25 comments by that 
date, from 23 commenters, including private citizens, State and local 
governments, industry organizations, individual industry companies, and 
foreign national plant protection organizations. The comments are 
discussed below by topic.
---------------------------------------------------------------------------

    \1\ To view the proposed rule and the comments we received, go 
to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2005-0081.
---------------------------------------------------------------------------

General Comments

    Two commenters asked how the proposed rule fits into the ongoing 
revision of the nursery stock regulations, which was first discussed in 
an advanced notice of proposed rulemaking (ANPR) that was published in 
the Federal Register on December 10, 2004 (69 FR 71736-71744, Docket 
No. 03-069-1).
    We are continuing with our efforts to revise the nursery stock 
regulations. As the commenters noted, the revision will take several 
years to fully implement. We anticipate completing the revision in 
stages. As we implement the revisions, we will continue to enforce the 
current regulations. The changes in the proposed rule were designed to 
address specific issues that have arisen as we continue to enforce the 
regulations.
    One commenter expressed concern about the introduction of invasive 
species into the United States via the importation of nursery stock and 
stated that any species of nursery stock being imported into the United 
States should be studied for 1 year prior to importation. The commenter 
also suggested that a tax be imposed on the importation of nursery 
stock to help defray the cost of eradicating invasive species.
    As discussed in the December 2004 ANPR, we are considering whether 
to adopt more restrictive regulations for the importation of nursery 
stock. We may in the future elect to establish regulations that will 
allow us to take a precautionary approach to the importation of species 
that have not been imported before. In response to the commenter's 
second suggestion, APHIS does not have the authority to impose a tax on 
the importation of nursery stock; we are only authorized to charge user 
fees for services we provide.

Definition of From

    The definition of from in Sec.  319.37-1 currently provides that an 
article is considered to be ``from'' any country or locality in which 
it was grown. The current regulations also provide that an article 
imported into Canada from another country or locality shall be 
considered as being solely ``from'' Canada if it is imported into the 
United States directly from Canada after having been grown for at least 
1 year in Canada; has never been grown in a country from which it would 
be a prohibited article or from which it would be subject to special 
foreign inspection, certification, treatment, or other requirements; 
was not grown in a country or locality from which it would be subject 
to postentry quarantine requirements, unless it was grown in Canada 
under postentry growing conditions equivalent to those specified for 
the article in Sec.  319.37-7; and was not imported into Canada in 
growing media.
    We proposed to replace this definition with a new definition of 
from, in order to remove the language that imposed special restrictions 
on the importation of regulated articles from Canada. The proposed 
definition of from read: ``An article is considered to be ``from'' an 
exporting country or area when it was

[[Page 43504]]

grown or propagated only in the exporting country or area, or when it 
was grown in the exporting country or area after it entered the 
exporting country or area from another country or area under conditions 
that are equivalent to those that would be required by the United 
States if the plant were imported into the United States directly from 
any of the countries or areas where the plant was grown prior to its 
entry into the exporting country or area.''
    We received several comments on our proposed definition. Many of 
these commenters were concerned that the proposed definition might 
weaken our protections against the importation of potentially risky 
nursery stock. Three commenters asked us to clarify whether articles 
prohibited from another country would continue to be prohibited even 
after importation to a second country, regardless of the time that the 
articles remained in that country.
    Some commenters expressed concern that the proposed definition 
would be difficult to enforce, since the national plant protection 
organization (NPPO) of an exporting country would have to keep track of 
any plant material that entered its country in case it was reexported 
at some point in the future. Other commenters expressed general concern 
about whether the restrictions on the importation of nursery stock in 
general are adequate to prevent the introduction of plant pests, when 
it can be difficult to determine what pests a plant has been exposed 
to.
    We agree that these commenters have identified significant issues 
with our proposed definition of from. We are withdrawing that proposed 
change in this final rule. We will revisit this issue in a separate 
proposed rule.

Definition of Preclearance

    We proposed to add a definition of preclearance to Sec.  319.37-1. 
The definition we proposed to add is consistent with the definition of 
that term in the International Plant Protection Convention's (IPPC) 
2002 Glossary of Phytosanitary Terms (International Standards for 
Phytosanitary Measures [ISPM] publication number 5).\2\ The proposed 
definition read: ``Phytosanitary certification and/or clearance in the 
country in which the articles were grown, performed by or under the 
regular supervision of APHIS.'' Our intention was to clarify the 
conditions under which sampling and inspection can take place in the 
country of origin in a preclearance program.
---------------------------------------------------------------------------

    \2\ ISPMs may be viewed on the World Wide Web at https://www.ippc.int/IPP/En/default.jsp. Click on the ``Standards'' link on 
the home page to view the ISPMs.
---------------------------------------------------------------------------

    One commenter supported the expression of our intent to provide 
regular supervision in preclearance and asked whether the word 
``regular'' meant that APHIS would supervise at set intervals, rather 
than a random basis.
    We have always provided regular supervision of inspection and 
clearance during preclearance according to the terms of the workplan 
developed between APHIS and the NPPO of the country of origin of the 
precleared articles.\3\ Typically, the workplan requires APHIS' 
participation in preclearance activities, either at set intervals or at 
specific points during the production process for the articles.
---------------------------------------------------------------------------

    \3\ We published in the Federal Register a notice providing 
background information on bilateral workplans on May 10, 2006 (71 FR 
27221-27224, Docket No. APHIS-2005-0085).
---------------------------------------------------------------------------

    Two commenters recommended that preclearance sampling and 
inspection at the production site be one of the main elements of plant 
protection employed by APHIS. These commenters stated that this would 
require a greater commitment to assigning trained personnel to work on 
location, perhaps stationing APHIS employees permanently at foreign 
sites of production.
    We implement preclearance procedures based on the type of 
restricted articles being precleared for importation and the level of 
APHIS involvement we believe is warranted. This may involve, as the 
commenter suggests, stationing APHIS employees permanently at foreign 
sites of production or treatment facilities, or sending APHIS personnel 
to production sites for specific tours of duty to survey and inspect at 
the appropriate times during the production process. It may also 
involve APHIS employees consulting with employees of the NPPO of the 
country of origin regarding standards or requirements for phytosanitary 
certification. For any preclearance program, the details of APHIS 
supervision are specified in the workplan developed between APHIS and 
the NPPO of the country of origin.
    One commenter was concerned that the proposed definition would not 
accommodate a bulb export program currently under development in which 
bulbs would be produced in certified fields in Germany and Poland, thus 
meeting the requirements in Sec.  319.37-5(a), and then moved to the 
Netherlands for processing prior to export. In this program, APHIS 
inspectors would preclear bulbs in the Netherlands, rather than in the 
country of origin of the articles being exported.
    The program the commenter referred to has not yet been approved by 
the parties that would participate in it. If the program is approved, 
we will make any changes to our regulations that may be necessary for 
its implementation.
    We are making one change to our proposed definition of preclearance 
in this final rule. The proposed definition, taken directly from the 
IPPC Glossary of Phytosanitary Terms, referred to APHIS providing 
phytosanitary certification in the country in which an article of 
nursery stock to be imported is grown. However, under our arrangements 
with foreign NPPOs, only the foreign NPPO issues phytosanitary 
certificates; APHIS preclearance officers instead inspect articles to 
ensure that they meet the requirements of the regulations. Therefore, 
in this final rule, we have replaced the reference to phytosanitary 
certification with a reference to phytosanitary inspection.

Plant Protection Act Definitions

    We proposed to add definitions of two terms to the regulations and 
to revise the definitions of three other terms to make those 
definitions consistent with the definitions found in title IV of the 
Agricultural Risk Protection Act of 2000, known as the Plant Protection 
Act (7 U.S.C. 7701 et seq.). One of the terms that we proposed to add 
to the regulations was plant, which we proposed to define, following 
the Plant Protection Act, as: ``Any plant (including any plant part) 
for or capable of propagation, including a tree, a tissue culture, a 
plantlet culture, pollen, a shrub, a vine, a cutting, a graft, a scion, 
a bud, a bulb, a root, and a seed.''
    One commenter recommended that the definition of plant include cell 
cultures in solution.
    The definition includes any plant (including any plant part) for or 
capable of propagation. This category includes cell cultures in 
solution, even though cell cultures in solution are not listed as 
examples of members of the category. (In the definition, the use of the 
term ``includes'' indicates that the list is not exhaustive.) We are 
not changing the proposed definition to include cell cultures in 
solution as an example because we believe it is important for the 
regulations to be consistent with the Plant Protection Act.
    Because the definition of plant that we proposed to add to the 
regulations is broader than the scope of the plants we regulate in the 
nursery stock regulations, we also proposed to add a definition of 
regulated plant to the regulations that would include only

[[Page 43505]]

those plants regulated in the nursery stock regulations. This proposed 
definition read: ``Any gymnosperm, angiosperm, fern, or fern ally. 
Gymnosperms include cycads, conifers, and gingko. Angiosperms include 
any flowering plant. Fern allies include club moss, horsetail, whisk 
fern, spike moss, and quillwort.''
    One commenter asked why the term ``regulated'' was used and stated 
that the proposed definition appeared to be even broader than the 
proposed definition of plant.
    We are using the term ``regulated'' to make it clear that the scope 
of plants included in the nursery stock regulations is limited to the 
plants included in the definition of regulated plant. We believe that 
the meaning of the term ``regulated'' is apparent to most readers of 
the regulations. The definition of regulated plant is narrower in scope 
than the definition of plant; the former excludes nonvascular plants 
such as mosses and green algae, to name two examples.
    We are making one minor change to the proposed definition of 
regulated plant in this final rule. To make the last sentence of the 
definition of regulated plant consistent with the second sentence of 
the definition, we are making the examples in that sentence plural 
rather than singular.
    We also proposed to revise the definition of plant pest to make it 
consistent with the definition of that term in the Plant Protection 
Act. The definition had read: ``The egg, pupal, and larval stages as 
well as any other living stage of: Any insects, mites, nematodes, 
slugs, snails, protozoa, or other invertebrate animals, bacteria, 
fungi, other parasitic plants or reproductive parts thereof, viruses, 
or any organisms similar to or allied with any of the foregoing, or any 
infectious substances, which can directly or indirectly injure or cause 
disease or damage in any plants or parts thereof, or any processed, 
manufactured, or other products of plants.'' We proposed to revise it 
to read: ``Any living stage of any of the following that can directly 
or indirectly injure, cause damage to, or cause disease in any plant or 
plant product: A protozoan, a nonhuman animal, a parasitic plant, a 
bacterium, a fungus, a virus or viroid, an infectious agent or other 
pathogen, or any article similar to or allied with any of these 
articles.''
    One commenter noted that the proposed definition, which included 
nonhuman animals, was broader in scope than the previous definition, 
which only included invertebrate animals.
    Again, our intention in revising the definition of plant pest was 
to make that definition consistent with the definition of that term in 
the Plant Protection Act. We have no intention of broadening the scope 
of the pests we regulate or issue permits for at this time.
    We are making one other minor change to the Plant Protection Act-
derived definitions we proposed. Like the current definition of 
regulated article, the definition of regulated article in the December 
2005 proposed rule began: ``Any class of nursery stock or other 
regulated plant, root, bulb, seed, or other plant product * * *'' The 
words ``class of nursery stock or other'' are redundant, and we are 
removing them in this final rule.

Plants In Vitro

    We proposed to remove several restrictions on plants in vitro. The 
IPPC's 2002 Glossary of Phytosanitary Terms defines plants in vitro as 
``plants in an aseptic medium in a closed container.'' Specifically:
     We proposed to amend Sec.  319.37-3(a)(5) of the 
regulations to exempt shipments of plants in vitro from the requirement 
that lots of 13 or more articles offered for importation into the 
United States must be accompanied by a written permit issued by a Plant 
Protection and Quarantine (PPQ) inspector. This exemption would not 
apply if importation of the plants is restricted or prohibited 
elsewhere in the nursery stock regulations. This would also mean that 
plants in vitro could enter the United States at any port of entry 
authorized in 7 CFR part 330 for articles not required to be imported 
under a written permit.
     We also proposed to amend Sec.  319.37-4(a) of the 
regulations to exempt plants in vitro from the requirement that 
restricted articles offered for importation into the United States be 
accompanied by a phytosanitary certificate from the country of origin, 
unless their importation is restricted or prohibited elsewhere in the 
nursery stock regulations. These changes would make plants in vitro 
whose importation is not otherwise restricted or prohibited generally 
admissible into the United States.
    To accomplish these changes, we proposed to add a definition of 
plants in vitro to the regulations in Sec.  319.37-1. The proposed 
definition was identical to the IPPC definition quoted above.
    Six commenters recommended that we not proceed with these proposed 
changes. The commenters focused on the fact that plants in vitro pose 
an extremely low risk only if they are produced from plants that have 
been determined to be free of plant pests and carefully monitored 
throughout the production process to ensure their continued freedom 
from plant pests. Along these lines, one commenter stated that some 
fastidious and cryptic organisms can survive the process if the source 
plant is infected. The commenter cited Odontoglossum ring spot virus 
and Cymbidium mosaic virus in orchids as good examples. This commenter 
further stated that the fact that a plant is growing in aseptic 
conditions does not imply that it is free of foliar nematodes. Other 
commenters noted that the proposed regulations placed no conditions on 
the importation of plants in vitro other than being imported in an 
aseptic medium; under the proposed regulations, there would be no way 
to verify that the proper production practices had been followed, or to 
trace the plants back to their production site if they proved to be 
affected by plant pests. Two commenters stated that plants in vitro 
should be generally admissible, but only if they are produced in 
accordance with a general clean stock program, as described in the 
December 2004 ANPR.
    Based on these comments, we are withdrawing the proposed changes 
that would have made plants in vitro generally admissible. They will 
continue to be subject to the permit and phytosanitary certificate 
requirements. We agree with the commenters who stated that plants in 
vitro produced in a program designed to ensure pest freedom would pose 
an extremely low risk of introducing a quarantine pest into the United 
States. We are considering developing such a program and adding it to 
the regulations. However, in order to verify that producers of plants 
in vitro comply with the requirements of such a program, we would need 
to require that articles produced in such a program be accompanied by a 
phytosanitary certificate.
    One commenter recommended that APHIS allow the importation of 
plants in vitro even if the importation of their genus or species is 
otherwise prohibited.
    This may be possible if the plants are produced in accordance with 
a program of the type described above. We will consider this issue as 
part of our deliberation on whether to develop such a program.
    In a related matter, we proposed to amend Sec.  319.37-8(c) of the 
regulations, which had stated: ``A restricted article growing solely in 
agar or in other transparent or translucent tissue culture medium may 
be imported established in

[[Page 43506]]

such growing media.'' We proposed to remove the requirement that the 
growing medium be transparent or translucent in order to allow the use 
of charcoal in the growing medium. Charcoal is commonly used by 
importers of plants in vitro as a detoxifying agent; if it is used as 
an additive in growing media, it will still be easy to determine 
whether the growing media meets the aseptic standard prescribed in the 
definition of plants in vitro, because any bacteria in the growing 
media would quickly reproduce and form a large mass. Therefore, we 
proposed to revise this paragraph to read: ``Plants in vitro may be 
imported in their growing media.''
    Two commenters specifically addressed this issue, noting that our 
statement that bacteria in media would ``quickly reproduce and form a 
large mass'' assumes that the growing requirements in the regulations 
related to plant-associated bacteria are met when plants are produced 
in in vitro media. The commenters stated that this is not the case.
    The regulations do not contain any general requirements for plants 
produced in in vitro media. The previous requirement was intended to 
aid inspection of plants grown and imported in their growing media. If 
we become aware of any specific risks related to the importation of 
certain plants in growing media, we will amend the regulations 
accordingly to address those specific risks. However, as a general 
requirement, we believe the use of growing media with a charcoal 
additive will still allow for effective inspection of the growing media 
upon importation, for the reasons stated in the proposed rule. We are 
making no changes to the proposed rule in response to this comment.
    Because we are not adding a definition of plants in vitro to the 
regulations at this time, we need to revise our proposed wording. This 
final rule therefore modifies paragraph (c) of Sec.  319.37-8 to read: 
`` A restricted article growing solely in agar or in other tissue 
culture medium may be imported established in such growing media.''

Genus and Species Name on Phytosanitary Certificates

    The regulations in Sec.  319.37-4(a) currently require that any 
restricted article offered for importation into the United States be 
accompanied by a phytosanitary certificate of inspection, with certain 
exceptions. We proposed to additionally require that the phytosanitary 
certificate include the genus and species name of the restricted 
article that it accompanies.
    Several commenters stated that the proposed requirement did not 
make any allowance for plants gathered on plant exploration research 
expeditions, where species data may not be available; unnamed, recently 
discovered species; or interspecific or intergeneric hybrids, including 
naturally occurring seedlings from unknown parents. One of these 
commenters suggested that instead we use the language in the IPPC's 
ISPM No. 12, ``Guidelines for Phytosanitary Certificates,'' which 
recommends that plants and plant products be identified on a 
phytosanitary certificate using accepted scientific names, at least to 
genus level but preferably to the species level. Another commenter 
suggested allowing the cultivar name of a plant to be provided as an 
alternative to the species name. One commenter suggested establishing a 
system through which plants whose taxonomic information was unknown 
could be imported under permit, with monitoring of the destination and 
disposal of the material.
    Other commenters opposed the change entirely. Two commenters asked 
why it was necessary to require species information to be listed in 
cases when our restrictions are applied at the genus level. Two other 
commenters stated that many genera of certain plant types can have 
dozens of species. These commenters expressed concern that the need for 
NPPO inspection staff to verify all plants in a consignment to the 
species level will cause unnecessary delays in the inspection and 
consequently the shipping process and will detract from the inspector's 
primary objective to detect and identify diseases and insect pests. One 
of these commenters also expressed concern that use of the species name 
might cause identification errors that could result in delays when 
restricted articles are offered for importation. The commenters 
requested that the proposal be amended to require that only those 
species that have special requirements or are regulated by the 
Convention of International Trade in Endangered Species should be 
identified on the phytosanitary certificates by both genus and species.
    We agree with the commenters who stated that we need to provide for 
situations in which the species name is not known, and we understand 
the burden that listing species names can impose. However, some 
requirements in the regulations place restrictions on specific species 
or cultivars within a genus; for example, the regulations in Sec.  
319.37-5(b) restrict the importation of certain species within the 
genus Prunus based on whether they are immune to plum pox virus, and 
the regulations in Sec.  319.37-2(a) prohibit the importation of 
Berberis spp. except for species and cultivars that have been 
designated as resistant to black stem rust. Inspectors enforcing such 
regulations need to be able to quickly distinguish what species or 
cultivar is being offered for importation in order to determine whether 
the plants meet the requirements in the regulations.
    To ensure that inspectors have the information they need while 
accommodating the need for exceptions when species data are not 
available, we have changed the proposed requirement in this final rule. 
Instead of requiring that the genus and species name of a restricted 
article offered for importation be included on the phytosanitary 
certificate accompanying that article, this final rule requires that, 
when the regulations place restrictions on individual species or 
cultivars within a genus, the phytosanitary certificate must also 
identify the species or cultivar of the article it accompanies. 
Otherwise, identification of the species is strongly preferred, but not 
required. In cases in which species is not known, the phytosanitary 
certificate may identify the cultivar name of the restricted article it 
accompanies, except where the regulations place restrictions on 
individual species.
    Further, we are requiring that intergeneric and interspecific 
hybrids be designated by placing the multiplication sign ``x'' between 
the names of the parent taxa. If the hybrid is named, the 
multiplication sign may instead be placed before the name of an 
intergeneric hybrid or before the epithet in the name of an 
interspecific hybrid.
    We are not making an exception in the phytosanitary certificate 
regulations for unnamed or unknown articles, as the information we have 
indicates that they have been imported extremely infrequently. Persons 
wishing to import unnamed or unknown articles into the United States 
are encouraged to contact PPQ's Permit Unit for information about 
importing such articles through a departmental permit. This would allow 
the unnamed or unknown articles to be imported for identification or 
research purposes, similar to the conditions described by one of the 
commenters.
    The regulations in this final rule indicate that we strongly prefer 
that species be listed on the phytosanitary certificate, even when 
listing species is not required. We continue to request this 
information for data-gathering purposes. We need to know the number, 
size, and volume of imports of nursery stock in order to better assess 
what overall risks presented by plants for

[[Page 43507]]

planting need to be better addressed. This effort is part of the Q-37 
revision mentioned earlier in this document. In addition, requesting 
that species information be entered where known is consistent with IPPC 
guidelines, as discussed earlier.
    In discussing this change, the preamble of the proposed rule stated 
that ``having the genus and species name available would allow 
inspectors to easily identify restricted articles presented for 
importation and thus better assess any risks that may be associated 
with their importation.'' One commenter stated that a risk assessment 
should be performed prior to importation of the articles in question, 
unless it is meant to give the individual inspector a management tool 
to make a selection of the products presented for importation.
    As the commenter stated, our inspectors are not conducting risk 
assessments at the ports; rather, they make decisions about how to 
apply the regulations, which are the result of risk assessments. The 
phytosanitary certificates that have accompanied restricted articles 
may not have enough information to allow an inspector to determine what 
restrictions apply to its importation in cases where restrictions apply 
to species or cultivars within a genus. The proposed change was 
intended to address this problem. We appreciate the opportunity to 
clarify this point.
    One commenter, addressing the fact that we need data on which 
species are imported to further our efforts to revise the nursery stock 
regulations, stated that the data should be obtained from forms other 
than the phytosanitary certificate.
    The Paperwork Reduction Act obligates us to minimize paperwork 
burden on stakeholders; requiring genus and species data to be 
submitted on a different form would be an unjustifiable duplicate 
paperwork burden. We are making no further changes to the proposed rule 
in response to these comments.

Phytosanitary Certificates for Bulbs From the Netherlands

    We proposed to amend paragraph Sec.  319.37-4(a) of the 
regulations, which requires that most restricted articles imported into 
the United States be accompanied by a phytosanitary certificate, to 
allow small individual shipments of bulbs from the Netherlands to enter 
with a special certificate related to a phytosanitary certificate. The 
special certificate would list a serial number that would refer to a 
phytosanitary certificate held by the NPPO of the Netherlands. The 
special certificate would also list the scientific name of the bulb, 
the bulbs' country of origin, and an expiration date after which the 
special certificate could no longer be used in lieu of a phytosanitary 
certificate. We proposed that the expiration date for the special 
certificates would be 4 weeks after the issuance of the phytosanitary 
certificate held by the NPPO of the Netherlands.
    Commercial shipments of bulbs from the Netherlands must be 
precleared for entry into the United States by a PPQ inspector. In 
addition, under Sec.  319.37-5(a), all bulbs imported from the 
Netherlands must be accompanied by a phytosanitary certificate with an 
additional declaration that the bulbs offered for importation were 
grown on land that has been sampled and microscopically inspected by 
the plant protection organization of the Netherlands and found to be 
free from the potato cyst nematodes Globodera rostochiensis (Woll.) 
Behrens and G. pallida (Stone) Behrens within the past 12 months.
    The proposed special certificate would accompany small individual 
shipments of bulbs imported into the United States in passenger 
baggage; the special certificate would be easier for individuals to 
obtain than a full phytosanitary certificate. The clearance process at 
the port of entry would continue to serve as an additional mitigation 
against the risk of introduction of nematodes into the United States.
    One commenter was concerned that, while the special certificate 
would be linked to a phytosanitary certificate issued, held, and 
retrievable upon request by the NPPO of the Netherlands, the proposed 
regulations did not contain any provisions linking the bulbs imported 
under the special certificate to the requirements of Sec.  319.37-5(a). 
Thus, the commenter stated, bulbs imported under the proposed special 
certificate might have originated in someone's backyard. Two other 
commenters stated that the proliferation of special certificates could 
allow these documents to be misused and thus increase the risk of 
introduction of potato cyst nematodes into the United States.
    All bulbs imported from the Netherlands are subject to the 
requirements in Sec.  319.37-5(a). Special certificates would be 
assigned to lots of bulbs inspected and certified under the 
phytosanitary certificate issued for that particular lot as part of the 
preclearance process. A phytosanitary certificate would not be issued 
for a lot of bulbs unless the bulbs in the lot meet all the 
requirements in the regulations for importation into the United States. 
The special certificates will serve as an indication that the bulbs 
have been inspected and certified, and they will be related to a 
specific phytosanitary certificate in all cases. Any fraud committed 
using the special certificates would be investigated by APHIS' 
Investigation and Enforcement Services.
    We do not believe it would be prudent to specifically refer to 
Sec.  319.37-5(a) in the regulations governing the issuance and use of 
the special certificates, as the phytosanitary certification 
requirements for bulbs from the Netherlands may change over time and 
thus may be contained in different sections of the regulations. We are 
making no changes to the proposed rule in response to these comments.
    One commenter cited high rejection rates in recent years for 
shipments of bulbs from the Netherlands and stated that using special 
certificates would not be advisable if the phytosanitary certificates 
were already suspect.
    Our records do not indicate high rejection rates either for bulbs 
that are inspected and precleared in the Netherlands or for bulbs from 
the Netherlands that have been inspected and released at a U.S. port of 
entry. Bulbs entering the United States with a special certificate 
would have been inspected by the NPPO of the Netherlands. The special 
certificate indicates that the bulbs have been inspected and a 
phytosanitary certificate was issued for the lot of bulbs. The special 
certificate is traceable to the actual phytosanitary certificate on 
file in the Netherlands. These bulbs would also be subject to 
inspection when the passenger arrives at a United States port of entry. 
If there are phytosanitary problems with bulbs under the special 
certificate, we would notify the NPPO of the Netherlands for corrective 
action.
    One commenter, the Netherlands NPPO, stated that the proposed 
program agreed to by APHIS and the Netherlands NPPO had specified that 
the special certificates would be valid for 6 weeks, rather than 4.
    The commenter is correct, and we have made that change in this 
final rule.
    The Netherlands NPPO also stated that it and APHIS had agreed to a 
workplan that states that no phytosanitary certificates, either 
originals or copies, will accompany shipments of bulbs that have been 
precleared in the Netherlands; they are given to the APHIS inspector in 
the Netherlands or mailed to APHIS offices. However, the language in 
Sec.  319.37-5(a) states that the phytosanitary certificate must 
accompany the bulbs ``at the time of arrival at the port of first 
arrival in the

[[Page 43508]]

United States,'' which contradicts the workplan.
    The commenter is correct that the specific language ``at the time 
of arrival at the port of first arrival in the United States'' would 
not allow the program to work as proposed. We are removing that 
language from Sec.  319.37-5(a) in this final rule. The phytosanitary 
requirements in Sec.  319.37-5(a) will remain otherwise unchanged.
    One commenter expressed concern that the current preclearance 
program for bulbs from the Netherlands only addresses the specific 
nematode pests cited earlier. The commenter stated that imported bulbs 
can carry other pests that are of concern to nurseries, commercial 
flower growers, State departments of agriculture, and industries other 
than the nursery industry. The commenter cited Ditylenchus dipsaci and 
D. destructor as two pests that are of concern to the potato industry 
and that are regulated by some State departments of agriculture. The 
commenter urged APHIS to expend more effort on ensuring that regulated 
nonquarantine pests are not imported into the United States via bulbs 
and other nursery stock.
    At this time, APHIS has not identified any regulated nonquarantine 
pests and has not established regulations for their official control. 
In order for APHIS to restrict the importation of regulated 
nonquarantine pests under the IPPC, we would have to identify regulated 
nonquarantine pests (including providing scientific justification for 
regulating them) and establish official control mechanisms. We have not 
yet done so. We are considering whether to develop procedures for 
identifying such pests and whether to establish regulations to control 
their importation. We cannot take any action against regulated 
nonquarantine pests in this final rule.

Importation of Certain Seeds From Canada

    We proposed to add a new paragraph (d) to Sec.  319.37-4 of the 
regulations to allow seed exported from Canada that meets certain 
conditions to be imported into the United States without a 
phytosanitary certificate. To be eligible for this exemption, Canadian 
exporters of seed would have to register with and participate in a seed 
export program that would be established by the Canadian Food 
Inspection Agency (CFIA).
    One commenter asked whether Canada would establish a similar 
program to allow U.S. seed to be exported to Canada without a 
phytosanitary certificate.
    We evaluated the Canadian request for a seed export program on the 
basis of whether such importation would increase the risk of 
introducing a seed-borne plant pest into the United States. Our 
evaluation concluded that, under the conditions specified in the 
proposal, the absence of a phytosanitary certificate would not increase 
that risk. Whether Canada would reciprocate was not a subject of our 
evaluation.
    One commenter asked whether imposing these requirements on the 
importation of Canadian seed was unlawful discrimination against 
Canadian seed exports.
    This change liberalizes trade by removing the requirement for a 
phytosanitary certificate while providing other conditions that 
maintain phytosanitary security. We proposed this change at the request 
of the Canadian NPPO, so we are assuming that they do not believe that 
this change discriminates against seed exports from their country. 
Canadian seed exporters still have the option of obtaining a 
phytosanitary certificate for each shipment they export to the United 
States.
    One commenter, the Canadian NPPO, requested that the United States 
exempt small shipments of commercially packaged seed from all 
phytosanitary requirements to facilitate their export to the United 
States. The commenter stated that the risk presented by such packages 
should be minimal due to the small quantity of seeds being shipped 
under such an exemption.
    We have not previously received a proposal for such an exemption, 
and we cannot make such a change without giving the public an 
opportunity to comment on it. We are making no changes in response to 
this comment. We will note that such a change would be inconsistent 
with the regulations that set out conditions for importing small lots 
of seed without a phytosanitary certificate, which we established in a 
final rule published in the Federal Register on April 13, 2006 (71 FR 
19097-19102, Docket No. 02-119-2).
    Related to the rule establishing conditions for the importation of 
small lots of seed without a phytosanitary certificate, we are making 
one change to the proposed rule text in this final rule. We had 
proposed to add the Canadian seed program in a new paragraph (d) in 
Sec.  319.37-4. Since the publication of the proposed rule, the final 
rule establishing conditions under which small lots of seed may be 
imported without a phytosanitary certificate added a new paragraph (d) 
to Sec.  319.37-4 that sets out those conditions. Accordingly, this 
final rule adds the Canadian seed program in a new paragraph (e). We 
have also made minor adjustments to the language in proposed paragraph 
(a) to reflect this change.

Blueberry Plants From Canada

    We proposed to add a new paragraph Sec.  319.37-5(t) to the 
regulations to require that phytosanitary certificates that accompany 
Vaccinium corymbosum (blueberry) plants that are imported from Canada 
must contain an additional declaration stating that the plants are free 
of blueberry scorch carlavirus.
    Blueberry scorch carlavirus causes blueberry scorch disease, the 
primary symptom of which is blighting of both flowers and new 
vegetative growth at peak bloom. Blighted blossoms fail to produce 
fruit, and infected plants in general are less vigorous than healthy 
plants. Bushes, once infected, may show symptoms each year. Initially, 
only one or few branches may have blighted flowers and leaves, but 
after a few years the entire bush may show symptoms.
    We proposed to require this additional declaration on the 
phytosanitary certificate accompanying V. corymbosum plants because 
virulent strains of blueberry scorch carlavirus have been found that 
exist only in Canada.
    One commenter stated that other plants can serve as hosts of 
blueberry scorch carlavirus, including huckleberry and cranberry 
plants.
    We agree with this commenter. In this final rule, we are expanding 
the scope of the additional declaration requirement to include all 
Vaccinium spp., not just V. corymbosum.
    One commenter asked us to change the proposed regulations so that 
they stated that the declaration of freedom has to be based on annual 
testing of the ``mother'' plants used for propagation rather than just 
visual inspection. Another commenter addressed the same issue in noting 
that the virus has a 2-year latent period.
    We agree with these commenters. In this final rule, we are 
requiring that Vaccinium spp. from Canada be grown in an approved 
certification program for blueberry scorch carlavirus. APHIS would 
evaluate certification programs for blueberry scorch carlavirus upon 
request.
    One commenter pointed out an inconsistency in our proposal: The 
proposed declaration applied broadly to all strains of blueberry scorch 
carlavirus, but the preamble to the proposed rule expressed concern 
about specific virulent strains of blueberry scorch carlavirus that 
have been found only in Canada. The commenter

[[Page 43509]]

asserted that restricting importation for all strains of the virus is 
not justified, as some strains of the virus are also found in the 
United States and are not under official control.
    We agree with this comment. In this final rule, we are requiring 
that Vaccinium spp. imported into the United States be grown in an 
approved certification program and tested free of only the BC-1 and BC-
2 strains of blueberry scorch carlavirus. Canadian government 
information indicates that these strains are distinct from the 
Northwest strain (present in the States of Oregon and Washington) and 
the East Coast strain (first identified in New Jersey and present in 
that and some surrounding States).\4\ To our knowledge, the BC-1 and 
BC-2 strains are not present in the United States. These strains are 
more aggressive than the strains that are present in the United States, 
having infected approximately 30 percent of blueberry production fields 
in British Columbia since 2000.
---------------------------------------------------------------------------

    \4\ See http://www.agf.gov.bc.ca/cropprot/blsv.htm.
---------------------------------------------------------------------------

    With these changes, paragraph (t) of Sec.  319.37-5 reads as 
follows in this final rule: ``For any Vaccinium spp. plants from 
Canada, the phytosanitary certificate of inspection required by Sec.  
319.37-4 must contain an additional declaration that the articles were 
produced in an approved certification program and found by the national 
plant protection organization of Canada to be free of the BC-1 and BC-2 
strains of blueberry scorch carlavirus.''
    In practice, these requirements will likely mean that Vaccinium 
spp. imported from Canada will be free of all strains of blueberry 
scorch carlavirus, not just the BC-1 and BC-2 strains, as testing for 
specific strains of blueberry scorch carlavirus is time- and resource-
intensive. However, if Vaccinium spp. from Canada were tested for 
specific strains and found to be infected with strains of blueberry 
scorch carlavirus other than BC-1 and BC-2, we would allow their 
importation.
    Two commenters stated that the movement of blueberry plants between 
Canada and the United States, in both directions, is common and has 
occurred for many years. The commenters stated that the fields of 
blueberry in the Canadian province of British Columbia that are known 
to be infected are just one-quarter mile north of the Canada-United 
States border. Because the virus is spread through the movement of 
virus-carrying aphids as well as through the movement of propagative 
materials, these commenters asserted that any regulations to restrict 
movement are unwarranted.
    One of these commenters stated that the CFIA has conducted 
extensive surveying in the province of British Columbia; additional 
surveying would be required in suspect U.S. States to determine the 
true range of these new strains of the virus. The other stated that the 
commenter's organization was unaware of a risk assessment or national 
survey having been conducted by the United States to determine whether 
the strains of blueberry scorch carlavirus that are of concern are 
present in the United States.
    While blueberry plants have moved between Canada and the United 
States, their importation into the United States has also been subject 
in many cases to State regulations that require them to be free of 
blueberry scorch carlavirus. (As one of these commenters noted, the 
British Columbia Ministry of Agriculture and Lands has worked with the 
State departments of agriculture in Oregon and Washington to develop a 
certification program for the propagation of blueberry plants based on 
testing and isolation.) Surveys that have been conducted at the State 
level in the United States have not detected the BC-1 or BC-2 strains 
of blueberry scorch carlavirus. We will continue to survey for these 
strains of blueberry scorch carlavirus, and we will revisit our 
regulations if either of the BC-1 or BC-2 strains is detected in the 
United States. We recognize that aphids can transport the virus across 
the U.S.-Canada border, but this transport is only in the immediate 
area of the border. Infected Vaccinium spp. plants are the principal 
means of long-distance spread to the major U.S. blueberry-producing 
areas. We believe restrictions on the importation of Vaccinium spp. 
from Canada are justified to prevent the introduction of the BC-1 and 
BC-2 strains of blueberry scorch carlavirus into the United States. We 
are making no changes in response to these comments.
    One commenter noted that Vaccinium spp. can serve as hosts for 
Phytophthora ramorum (sudden oak death) and asked that we not overlook 
P. ramorum in promulgating restrictions on the importation of Vaccinium 
spp.
    We are developing a separate interim rule that will place 
restrictions on the importation of Vaccinium spp. due to the presence 
of P. ramorum in certain countries. Temporary, emergency restrictions 
are already in place to prevent the introduction of P. ramorum in 
imported host plants.
    One commenter asked that APHIS expand the regulations to include 
restrictions to prevent the introduction of other blueberry diseases, 
such as blueberry shock virus.
    Blueberry shock virus is present in the United States, and we do 
not have an official program to control its spread; therefore, we would 
not be justified in placing restrictions on the importation of 
blueberries to prevent its introduction. We are not currently aware of 
any blueberry diseases that are not present in the United States and 
that are present in other countries from which the United States 
imports blueberries that are not already addressed in the regulations. 
We welcome suggestions regarding other blueberry diseases that may be 
appropriate for us to address in the regulations.

Programs for Importation of Approved Plants From the Canary Islands and 
From Israel

    We proposed to add new paragraphs (u) and (v) to Sec.  319.37-5 to 
establish programs to govern the importation of approved plants from 
the Canary Islands of Spain and from Israel, respectively. Under this 
proposal, the NPPO of the country of origin, the growers in the country 
of origin, and APHIS would jointly implement safeguards to ensure that 
the relevant quarantine pests are not present in shipments of approved 
plants. In the case of the Canary Islands, the approved plants would be 
Pelargonium (geranium) spp., and the pests of concern are Helicoverpa 
armigera, the cotton bollworm; Chrysodeixis chalcites, the tomato 
looper; and Syngrapha circumflexa (syn. Cornutiplusia circumflexa).\5\ 
In the case of Israel, all plants except bulbs, dormant perennials, and 
seeds that are imported into the United States would be required to be 
imported under this program. The main pest of concern in Israel is 
Spodoptera littoralis, the Egyptian cotton leafworm, although other 
quarantine pests are found in Israel and must be excluded from 
shipments of plants imported under this program.
---------------------------------------------------------------------------

    \5\ The proposed rule referred to this pest as Cornutiplusia 
circumflexa. We have since determined that its proper name is 
Syngrapha circumflexa, and we have updated the final rule 
accordingly.
---------------------------------------------------------------------------

    Four commenters were concerned that the pests listed in these 
proposed programs did not include Ralstonia solanacearum race 3 biovar 
2 (potato brown rot), a bacterial disease for which APHIS has 
established regulations in Sec.  319.37-5(r). One of these commenters 
asked APHIS to amend the proposed regulations to indicate that the R. 
solanacearum race 3 biovar 2 regulations in Sec.  319.37-5(r) 
superseded

[[Page 43510]]

the proposed regulations. Two of these commenters also stated that 
quarantine-significant potato cyst nematodes and other exotic cyst-
forming nematodes occur in the Canary Islands and Israel. These 
commenters expressed hope that the phytosanitary requirements for 
export of Pelargonium spp. and other plants to the United States also 
include rigorous exclusionary measures to prevent the contamination of 
plants and packing material with cysts of these nematode pests. Another 
commenter asked if there were any other pests of concern associated 
with the importation of these plants from the Canary Islands and 
Israel.
    The importation of Pelargonium spp. from the Canary Islands and 
from Israel is subject to all requirements in the nursery stock 
regulations; none of the regulations in the nursery stock subpart 
supersede each other, and all must be complied with in order to import 
nursery stock into the United States. The proposed regulatory text 
stated that the importation of plants from the Canary Islands and from 
Israel would be subject to the requirements of ``this section,'' i.e., 
Sec.  319.37-5, which includes the requirements in paragraph (r) of 
Sec.  319.37-5 as well as the proposed requirements.
    Both Spain and Israel are countries where R. solanacearum race 3 
biovar 2 is not known to occur. If R. solanacearum race 3 biovar 2 was 
detected in these countries, we would enforce the regulations in Sec.  
319.37-5(r)(3) as well as the relevant regulations elsewhere in Sec.  
319.37-5. Similarly, plants imported from the Canary Islands and Israel 
would have to meet all other applicable requirements in the 
regulations, including any restrictions based on the presence of potato 
cyst nematodes in those countries. We would ensure that all relevant 
requirements would be met in the workplan that APHIS develops with the 
NPPO of the country of origin and, if necessary, the grower. All 
nursery stock imported under these programs will be inspected at a USDA 
plant inspection station, and appropriate action will be taken if a 
quarantine pest is found.
    One commenter was concerned about the level of APHIS involvement in 
the proposed programs. The commenter cited proposed provisions in which 
APHIS would inspect and approve production sites and packing materials 
and proposed provisions in which APHIS, along with the NPPO of the 
country of origin, would monitor compliance with the program 
requirements and decide whether to reinstate growers who had violated 
those requirements. The commenter referred to the text of the IPPC \6\ 
and stated that Articles IV and V.2 of that document grant 
responsibility for performing such tasks solely to the NPPO of the 
country in which production of the exported articles takes place. The 
commenter stated that, apart from very specific risk situations, the 
monitoring of programs in the exporting country should solely be the 
responsibility of the exporting country's NPPO. The commenter 
considered the proposed involvement of APHIS to present an unnecessary 
and unjustified interference with the exporting countries' 
responsibilities.
---------------------------------------------------------------------------

    \6\ The text of the IPPC may be viewed on the Internet at 
https://www.ippc.int/IPP/En/default.jsp. Click on the ``Convention 
text'' link under ``Convention'' on the home page to view the IPPC.
---------------------------------------------------------------------------

    Both the Canary Islands program and the Israel program have been 
proposed because the high-risk plant pests addressed by these programs 
were frequently intercepted at U.S. ports of entry in shipments of 
plants from the Canary Islands and Israel. Because these programs have 
been agreed to by the relevant parties, and specifically because the 
foreign NPPOs involved have agreed that APHIS labor is necessary to 
help administer the programs, we do not believe that it would be 
appropriate to change the programs at this point. If, in the future, 
the foreign NPPOs wish to assume a more active role, we will entertain 
discussions with them regarding roles and responsibilities.
    We received three comments specifically addressing the trust funds 
that we proposed to require as a means of funding APHIS involvement in 
these programs. One commenter supported our proposed use of the trust 
funds. Another commenter was concerned that other countries have begun 
requiring similar trust funds for commodities exported from the United 
States to those countries, and suggested that we think about other cost 
recovery mechanisms. A third commenter stated that the proposed rule 
may lead to substantial increase in the costs for the export of plant 
material to the United States, as there would be additional expenses 
for bilateral cooperation and the involvement of APHIS experts. As a 
consequence, this commenter stated, only large companies that can 
afford the additional financial and administrative burden for such a 
program may be able to export plant material to the United States in 
the future. This development would be in contrast to the IPPC 
requirement that importing countries take the least restrictive 
measures possible in order to reach a minimum impediment to the 
international movement of commodities. In addition, the commenter 
questioned why the costs would have to be paid in advance.
    The trust fund requirement is common practice under many other 
APHIS import regulations that require APHIS to assist in certification 
(e.g., importing Pelargonium spp. and Solanum spp. from areas where R. 
solanacearum race 3 biovar 2 is known to exist under Sec.  319.37-5(r), 
or importing Hass avocados from Mexico for consumption under Sec.  
319.56-2ff). The trust fund is intended to ensure that the government 
of the country in which the articles are produced or its designated 
representative bears the costs of monitoring and inspection, rather 
than U.S. taxpayers. (The government of the country in which the 
articles are produced is, of course, free to pass this cost on to 
production sites producing plants for export to the United States.)
    Given that the NPPOs for the Canary Islands and Israel have agreed 
that APHIS involvement is necessary to ensure that plants exported from 
those countries are free of quarantine pests, we believe that we are in 
fact requiring the least restrictive measures possible. Requiring that 
APHIS subsidize the production of plants grown in foreign countries for 
export to the United States by providing its labor free of charge 
would, we believe, be a misallocation of APHIS' limited resources.
    The commenter asking us to consider other cost recovery mechanisms 
did not suggest any alternatives. Of the options for cost recovery we 
have considered, we have determined that the trust fund is the simplest 
and most direct means of cost recovery. We are making no changes to the 
proposed rule in response to these comments.

Kenaf Seed From Mexico

    We proposed to allow kenaf seed from Mexico to be imported into 
pink bollworm generally infested areas in the United States without 
treatment. Under the current regulations in Sec.  319.37-6(a), seeds of 
Hibiscus spp. (hibiscus, rose mallow) from any foreign country or 
locality, at the time of importation into the United States, must be 
treated for possible infestation with Pectinophora gossypiella 
(Saunders) (pink bollworm) in accordance with the applicable provisions 
of 7 CFR part 305.
    However, the movement of untreated kenaf (Hibiscus cannabinus) seed 
from Mexico into pink bollworm generally infested areas of the United 
States (listed under our domestic pink bollworm quarantine and 
regulations in 7 CFR 301.52-2a, and currently the States of Arizona, 
New Mexico, and

[[Page 43511]]

Texas, and several counties in California) would pose little or no risk 
of increasing the area of pink bollworm infestation. Under our domestic 
pink bollworm quarantine regulations in Sec.  301.52, these generally 
infested areas are quarantined to prevent the spread of pink bollworm, 
and kenaf seed is a regulated article under Sec.  301.52(b) that may 
not be moved interstate from any quarantined area except under the 
conditions described in Sec.  301.52-3.
    We proposed that kenaf seed from Mexico imported into pink bollworm 
generally infested areas would be subject to inspection, and, 
immediately upon release, would be subject to the domestic pink 
bollworm quarantine regulations in Sec. Sec.  301.52 through 301.52-10, 
Subpart--Pink Bollworm.
    Two commenters asked whether APHIS could allow Mexican kenaf seed 
to be imported into pink bollworm generally infested areas without 
allowing other kenaf seed from other countries to be imported into 
those areas as well.
    As we stated in the proposal, we have reviewed the pests associated 
with kenaf seed in Mexico and found that the pink bollworm is the only 
pest of concern. We would provide similar treatment for kenaf seed 
imports from other countries only if it could be determined that the 
pink bollworm is the only pest of concern associated with kenaf seed in 
those countries as well and that the seed could be imported directly 
into the generally infested areas.
    Two commenters stated that the proposal appeared to indicate that 
APHIS has domestic regulations that could allow the distribution of 
pink bollworm on kenaf seed. These commenters suggest that we first 
correct what appeared to them to be permissive domestic regulations 
prior to allowing the importation of kenaf seed into the United States 
from Mexico. The commenters asserted that there is no guarantee that 
potentially infested kenaf seed would not be moved to areas free of the 
pink bollworm.
    We would only allow the importation of untreated kenaf seed from 
Mexico into generally infested areas for pink bollworm. In the 
generally infested areas, we are not pursuing eradication of pink 
bollworm. Instead, we have placed restrictions on the interstate 
movement of commodities whose movement could spread pink bollworm from 
generally infested areas to areas where we are pursuing eradication of 
pink bollworm or areas where pink bollworm is not known to occur. Once 
Mexican kenaf seed enters the United States, it would be subject to the 
domestic pink bollworm regulations. These regulations are designed to 
prevent the movement of potentially infested kenaf seed, whether it has 
originated in a foreign country or domestically, from generally 
infested areas unless it is moved under conditions that would prevent 
the spread of pink bollworm, as listed in Sec.  301.52-4(a). Any 
violations would be investigated by APHIS' Investigation and 
Enforcement Services. We are making no changes to the proposed 
regulations in response to these comments.
    We also proposed to reorganize the regulations in Sec.  319.37-6 
into a table. The proposed table had one row for each of the six 
paragraphs in Sec.  319.37-6. However, some of the paragraphs addressed 
multiple genera, and it could be confusing to list multiple genera in 
one row in a table. In this final rule, we have listed each genus in 
Sec.  319.37-6 in a separate row in the table. In an effort to provide 
further clarity, we have also revised the proposed table entry for 
``Rutaceae seeds'' to read ``Rutaceae, seeds of all species in the 
family.'' Finally, the proposed listing for the pests addressed by 
treating Guizotia abyssinica (niger) seeds, which stated that the 
treatment was intended to address Cuscuta spp., was incomplete; we have 
expanded the listing to include the other noxious weeds listed in 7 CFR 
360.200.

Postentry Quarantine Requirements for Hydrangea spp.

    We proposed to add a new provision in Sec.  319.37-7(d)(7)(ii) 
allowing importers of Hydrangea spp. from all countries and localities 
except Canada and Japan who are operating under a postentry quarantine 
agreement to grow any article of Hydrangea spp. or increase therefrom 
for a period of 9 months after the importation of the plants, rather 
than 2 years as had been previously required.
    Two commenters asked questions about the evidence leading us to the 
proposed reduction in the quarantine period, requesting that a risk 
assessment be made available. One of these commenters stated that the 
postentry quarantine period should be established on the basis of a 
risk assessment for importing Hydrangea spp. from each country of 
origin.
    We determined that the 9-month postentry quarantine period was 
adequate based on a review of the available literature. We appreciate 
the opportunity to expand on our reasons for determining that a 9-month 
postentry quarantine period is adequate for Hydrangea spp.
    The pest of concern for imported Hydrangea spp. is Pucinnia 
glyceriae (Aecidium hydrangeae-paniculatae). This pest is a rust fungus 
known as a heteroecious macrocyclic rust. This means that this rust has 
four different life stages in its life cycle, with two of those stages 
occurring on Hydrangea spp. and the other two stages on Glyceria spp., 
a genus within Poaceae, the grass family. Both hosts are necessary in 
order for the pathogen to complete its life cycle. The spores produced 
by this pathogen on Hydrangea can not reinfect Hydrangea but have to 
land and germinate on Glyceria spp.; infections on Hydrangea are caused 
only by spores produced on the Glyceria spp. host.
    The regulations only allow the importation of Hydrangea spp. from 
countries where A. hydrangeae-paniculatea is not known to occur, which 
means that the Hydrangea spp. plants imported into postentry quarantine 
would not be expected to be infected with the pest. In the event that 
an article of Hydrangea spp. was imported with an infection, however, 
the pathogen would only survive if the article of Hydrangea spp. were 
grown in postentry quarantine with Glyceria spp., which are not known 
to be grown in cultivation. If such conditions nevertheless prevailed, 
the pathogen would reveal itself in large lesions on the leaves of the 
Hydrangea plant early within a growing season, which is typically 9 
months.
    In general, the country of origin of a plant is irrelevant to the 
question of how long a period is required for a pest to express itself 
in a plant.
    Three commenters recommended that the 9-month postentry quarantine 
period include the three most rust-conducive months of the year, to 
facilitate expression of the pest.
    We agree with these commenters that Hydrangea spp. should be grown 
in conditions that will facilitate expression of the pest. Plants in 
postentry quarantine are usually grown outside during the quarantine 
period. The 9-month postentry quarantine period would thus contain 
periods conducive to developing symptoms of A. hydrangeae-paniculatea. 
In most regions of the United States, the outdoor growing season is 
less than 9 months. Given these facts, we believe it is not necessary 
to explicitly require in the regulations that the Hydrangea spp. be 
grown in rust-conducive conditions.
    Two commenters expressed concern that R. solanacearum may be a pest 
of Hydrangea spp. that we have not addressed. They cited recent 
problems with latent bacterial wilt in the ``Lady

[[Page 43512]]

in Red'' cultivar of Hydrangea macrophylla as raising concerns about 
whether a 9-month postentry quarantine period would be adequate to 
manifest this pathogen under normal production practices. Although no 
R. solanacearum race 3 biovar 2 has been detected in any Hydrangea 
spp., these commenters suggested that APHIS require that the mother 
plants of imported Hydrangea spp. be regularly indexed for R. 
solanacearum.
    We appreciate the commenters' concerns. Because no R. solanacearum 
race 3 biovar 2 has been found in Hydrangea spp., we have no basis for 
establishing regulations to prevent the introduction of that pest via 
the importation of Hydrangea spp. If R. solanacearum race 3 biovar 2 
were found in Hydrangea spp., we would likely address it through a 
systems approach (as we do for Pelargonium spp. and Solanum spp. in 
Sec.  319.37-5(r)) rather than through postentry quarantine.

Postentry Quarantine Requirements for Chrysanthemum spp., Dendranthema 
spp., Leucanthemella serotina, and Nipponanthemum nipponicum

    The regulations in Sec.  319.37-7(a) designate as restricted 
articles any articles of Chrysanthemum spp., Dendranthema spp, 
Leucanthemella serotina, and Nipponanthemum nipponicum that meet the 
conditions for importation in Sec.  319.37-5(c) and that are imported 
from any foreign locality except Andorra, Argentina, Australia, 
Belarus, Bosnia and Herzegovina, Brazil, Brunei, Bulgaria, Canary 
Islands, Chile, China, Colombia, Croatia, Ecuador, Iceland, Japan, 
Korea, Liechtenstein, Macedonia, Malaysia, Mexico, Moldova, Monaco, New 
Zealand, Norway, Peru, Republic of South Africa, Romania, Russia, San 
Marino, Switzerland, Taiwan, Thailand, Tunisia, Ukraine, Uruguay, 
Venezuela, Yugoslavia; the European Union (Austria, Belgium, Cyprus, 
Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, 
Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, 
Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and 
United Kingdom); and all countries, territories, and possessions of 
countries located in part or entirely between 90[deg] and 180[deg] East 
longitude. Articles designated as restricted articles in Sec.  319.37-
7(a) must be grown in postentry quarantine under the conditions 
described in paragraphs (c) and (d) of Sec.  319.37-7. Paragraph 
(d)(7)(ii) currently requires that any restricted articles of 
Chrysanthemum spp., Dendranthema spp, Leucanthemella serotina, and 
Nipponanthemum nipponicum be grown in postentry quarantine for a period 
of 6 months. We proposed to reduce this postentry quarantine growing 
period to 2 months if the restricted articles are grown in accordance 
with the requirements of an APHIS-approved best management practices 
program.
    We proposed this change because we had reviewed evidence indicating 
that the pest of concern with regard to imported articles of 
Chrysanthemum spp., Dendranthema spp, Leucanthemella serotina, and 
Nipponanthemum nipponicum, chrysanthemum white rust (CWR), will express 
symptoms within 2 months, meaning that 2 months would be an adequate 
postentry quarantine period for these articles. We proposed to reduce 
the postentry quarantine period for restricted articles of 
Chrysanthemum spp., Dendranthema spp., Leucanthemella serotina, and 
Nipponanthemum nipponicum to 2 months only if the articles are grown in 
accordance with the requirements of an APHIS-approved best management 
practices program as an additional safeguard.
    Sixteen commenters addressed the proposed change to the postentry 
quarantine requirements for articles of Chrysanthemum spp., 
Dendranthema spp., Leucanthemella serotina, and Nipponanthemum 
nipponicum. While many commenters supported the change, many commenters 
were confused regarding whether the best management practices program 
was intended to apply to production in the country of origin or 
postentry quarantine in the United States. In addition, some commenters 
disputed our conclusion that 2 months was an adequate amount of time 
for CWR to express itself in postentry quarantine.
    Based on these comments, we are withdrawing the proposed change. We 
will revisit the issue in a separate proposed rule, providing 
information on the issues commenters raised and revising the proposed 
regulatory text to clarify our intentions.

Plants in Growing Media From Certain Areas in Canada

    We proposed to amend Sec.  319.37-8(b) of the regulations to allow 
the importation of restricted articles in growing media from two areas 
in Canada from which such importation is currently prohibited if those 
articles are grown under certain conditions. Paragraph (b) of Sec.  
319.37-8 allows the importation of restricted articles from Canada in 
any growing medium, except restricted articles from Newfoundland or 
from that portion of the Municipality of Central Saanich in the 
Province of British Columbia east of the West Saanich Road. Restricted 
articles from these areas may not enter in growing media because of the 
presence of potato cyst nematodes (G. rostochiensis and G. pallida) in 
those parts of Canada.
    We determined that restricted articles that are grown in approved 
growing media and are isolated in such a manner as to prevent the 
restricted articles from being infested with potato cyst nematodes may 
be imported safely into the United States from these areas. Therefore, 
we are proposing to allow the importation of restricted articles in 
approved growing media from these areas in Canada if the phytosanitary 
certificate accompanying the articles contains an additional 
declaration stating that the restricted articles were produced in a 
production site approved by the NPPO of Canada as capable of isolating 
the plants from potato cyst nematode infestation and that the 
restricted articles were isolated from potato cyst nematode infestation 
throughout their production.
    Two commenters were concerned that the sanitary conditions required 
for the production of the restricted articles to be shipped in growing 
media may not always provide complete protection to the United States 
from the introduction of cysts of potato cyst nematodes, which can 
easily contaminate plant shipments.
    Because we are requiring specifically that the plants be grown in a 
manner to prevent infestation by potato cyst nematodes, we believe the 
proposed regulations addressed this concern. We are confident that we 
can work with the Canadian NPPO to develop measures that will be 
sufficient to protect restricted articles imported under these 
regulations from potato cyst nematode infestation.
    Two commenters stated that other countries where potato cyst 
nematodes are present may feel discriminated against and ask to be 
allowed to export restricted articles under the same conditions.
    Such countries are free to request that they be allowed to export 
restricted articles under the same conditions. If we can determine that 
the only quarantine pests associated with restricted articles to be 
exported from such a country are potato cyst nematodes, we will work 
with the NPPO of that country to develop conditions under which those 
restricted articles can be isolated from potato cyst nematodes during 
production and thus be authorized for importation into the United 
States. For many countries infested with potato cyst nematodes, our 
regulations in

[[Page 43513]]

Sec.  319.37-5(a) provide a means for exporting nematode host material 
to the United States under adequate safeguards.
    One commenter asked whether Canada would enact similar regulations 
to allow the export to Canada of restricted articles from the nematode-
infested areas of the State of New York.
    Since outbreaks of potato cyst nematodes occurred recently in 
Quebec and Idaho, Canada and the United States have harmonized our 
regulations with regard to the importation of potential hosts of potato 
cyst nematodes. Currently, restricted articles from the nematode-
infested areas of the States of New York and Idaho may be exported to 
Canada under certain conditions.
    We are making one change to the proposed regulatory text. The 
proposed rule referred to an additional declaration stating that the 
restricted article was produced in a production site approved by the 
NPPO of Canada as capable of isolating the plants from infestation by 
potato cyst nematodes (G. rostochiensis and G. pallida) and that the 
restricted article was isolated from potato cyst nematode infestation 
throughout its production. During the deliberations on how to harmonize 
our potato cyst nematode-related regulations, the NPPO of Canada and 
APHIS agreed to similar, but simpler, text for the additional 
declaration. This final rule requires the additional declaration agreed 
to in the bilateral negotiations, which states simply that the plants 
were grown in a manner to prevent infestation by potato cyst nematodes 
(G. rostochiensis and G. pallida).

Additions to the List of Approved Growing Media

    We proposed to add unused clay pots and new wooden baskets to the 
list of growing media approved for epiphytic plants found in Sec.  
319.37-8(d). Such media are used by many nurseries, and we proposed 
these additions at the request of importers. We believe that unused 
clay pots and new wooden baskets would be as safe as the current 
approved growing media.
    One commenter suggested that ``new'' would be a better word than 
``unused'' to describe the clay pots. We agree and have incorporated 
that change into this final rule.
    Several commenters expressed concern that the wooden baskets we 
proposed to allow might be affected by wood-boring pests, and that 
importing epiphytic plants established in new wooden baskets might thus 
introduce such pests into the United States.
    We did not make it clear in the proposal that new wooden baskets 
imported into the United States as growing media for epiphytic plants 
would have to comply with the existing regulations governing the 
importation of logs, lumber, and other unmanufactured wood articles in 
Sec. Sec.  319.40-1 through 319.40-11. This final rule explicitly 
indicates that new wooden baskets must meet the requirements found in 
those regulations. Therefore, new wooden baskets will have to be 
imported under conditions designed to prevent the introduction of wood-
boring pests into the United States.

Federal Plant Inspection Stations and Other Ports of Entry

    We proposed to update the list of Federal plant inspection stations 
in Sec.  319.37-14 to correct addresses, remove plant inspection 
stations no longer in use, and add new plant inspection stations. In 
addition, we proposed to remove the ports of entry that do not have 
plant inspection stations from the list in Sec.  319.37-14 and instead 
indicate that restricted articles not required to be imported at a 
plant inspection station may enter the United States through any 
Customs designated port of entry. We also proposed to make several 
other updates to the regulations. We did not receive any comments on 
our reorganization of Sec.  319.37-14 itself.
    One commenter asked APHIS to confirm that the requirement that 
plants which are required to be imported under a written permit must be 
offered for import at a plant inspection station, if not precleared, 
does not apply to articles from Canada as described in Sec.  319.37-
3(a)(7).
    Articles from Canada described in Sec.  319.37-3(a)(7) are not 
required to be imported with a permit, and thus do not need to be 
imported into the United States through a plant inspection station.
    One commenter suggested that, given the recent reassignment of some 
inspection responsibilities from APHIS to the Bureau of Customs and 
Border Protection, Department of Homeland Security, it would be 
advisable to change ``Federal plant inspection stations'' to ``APHIS/
PPQ plant inspection stations'' in the regulations, to make it clear 
what organization operates the plant inspection stations.
    We agree with this commenter that using the term ``Federal'' could 
create confusion. However, rather than the term suggested by the 
commenter, we would prefer to use the term ``USDA plant inspection 
stations,'' as this term is used internally in APHIS. We have made this 
change in the final rule.
    In addition, the addresses for the USDA plant inspection stations 
in Miami, Agana, and Seattle have changed. We are updating them in this 
final rule. We are also amending the entry for San Diego to indicate 
that plants imported into San Ysidro may also be sent to this plant 
inspection station for inspection. Finally, we are amending the entry 
for Baltimore to clarify that only niger seed may be imported into this 
port for treatment.

Miscellaneous Changes

    One commenter asked us to correct an error in the regulations: 
Fragaria spp. is listed in the postentry quarantine regulations in 
Sec.  319.37-7 as eligible for postentry quarantine from several 
countries, but importation of Fragaria spp. is prohibited from all 
countries other than Canada and Israel under Sec.  319.37-2. The 
commenter recommended that we remove the entry for Fragaria spp. from 
Sec.  319.37-7. We are doing so in this final rule.
    In addition, we are correcting one other error in the regulations. 
The regulations in Sec.  319.37-12 state that a restricted article for 
importation into the United States shall not be packed in the same 
container as an article prohibited importation into the United States 
by 7 CFR part 319 or part 321. Part 321 no longer exists; therefore, we 
are removing the reference to it in this final rule.
    In a final rule published in the Federal Register on April 3, 2007 
(72 FR 15805-15812, Docket No. 03-016-3) and effective on May 3, 2007, 
in the table in Sec.  319.37-7(a)(3), we inadvertently removed Canada 
from the lists of countries in the entries for Chrysanthemum spp., 
Leucanthemella serotina, and Nipponanthemum nipponicum, thus 
erroneously indicating that postentry quarantine is required for these 
articles when they are imported from Canada. This final rule corrects 
that error.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    In accordance with 5 U.S.C. 604, we have performed a final 
regulatory flexibility analysis, which is set out below, regarding the 
effects of this final rule on small entities.
    Under the Plant Protection Act (7 U.S.C. 7701 et seq.), the 
Secretary of Agriculture is authorized to regulate the importation of 
plants, plant products, and other articles to prevent the

[[Page 43514]]

introduction of plant pests and noxious weeds.
    We are amending the regulations on importing nursery stock to 
eliminate various restrictions on the importation of kenaf seed; to 
establish programs for the importation of approved plants from the 
Canary Islands and from Israel; to require an additional declaration on 
the phytosanitary certificate accompanying blueberry plants imported 
from Canada; to require that phytosanitary certificates include the 
genus and species names of the restricted articles they accompany when 
possible; to change the phytosanitary certificate requirements for 
several restricted articles; to reduce the postentry quarantine growing 
period for Hydrangea spp.; and to update the list of ports of entry and 
Federal plant inspection stations. The potential economic effects of 
the changes in this document are discussed below, by topic.
    In our proposed rule, we stated that we did not have all the data 
necessary for a comprehensive analysis of the effects of this rule on 
small entities. Specifically, we lacked data regarding the number and 
kind of small entities that may incur benefits or costs from 
implementation of certain changes in this rule. In our proposed rule, 
we invited comments on these issues. However, none of the comments we 
received addressed these economic issues.
    Several changes we are making, such as adding and changing 
definitions and reorganizing Sec.  319.37-14, are administrative in 
nature and are not expected to have any impact on any U.S. entities, 
whether small or large. This analysis examines the economic effects of 
changes that could potentially have economic effects.

Rubus spp. From Europe

    There are more than 400 species of Rubus in the temperate areas of 
the world. These are divided into subcategories that include 
dewberries, blackberries, and raspberries. Most species of Rubus grow 
as shrubs or trailing vines with thorny points. We are adding Rubus 
spp. from Europe not meeting the conditions for importation in Sec.  
319.37-5(f) to the list of prohibited articles in Sec.  319.37-2(a). 
Rubus stunt agent (Phytoplasma) is a leafhopper-borne agent that causes 
damage to foliage and flowers. Rubus stunt agent has caused direct 
damage to European fruits through yield loss.\7\ This amendment to 
Sec.  319.37-2 will have no effect on domestic producers and consumers, 
while safeguarding the multi-million dollar U.S. berry production 
industry (2002).\8\
---------------------------------------------------------------------------

    \7\ Gordon S.C., et al. Progress towards Integrated Crop 
Management (ICM) for European raspberry production.
    \8\ National Agricultural Statistical Survey (NASS), Noncitrus 
Fruits and Nuts: Price and Value for the United States, 2000-2002.
---------------------------------------------------------------------------

Genus and Species Name on Phytosanitary Certificates

    We are requiring that the phytosanitary certificate that must 
accompany any restricted article presented for importation into the 
United States under Sec.  319.37-4(a) include the genus name of the 
restricted article that it accompanies. The regulations will indicate 
that including the species name is strongly preferred, and required if 
the regulations include restrictions based on species within a genus, 
as in Sec.  319.37-5(b). Although this information is not currently 
required to be given to APHIS, this information is already available 
for the vast majority of importers and exporters on the invoices that 
typically also accompany restricted articles presented for importation 
into the United States. For this reason, we believe that this change 
will not have a significant impact on any entities, whether large or 
small.

Phytosanitary Certificates for Bulbs From the Netherlands

    We are amending the regulations to allow bulbs from the Netherlands 
to enter the United States with a special certificate in lieu of a 
phytosanitary certificate. The special certificate will list special 
identification information for the shipment, including a serial number 
referring to the phytosanitary certificate on file in the Netherlands. 
The United States imported $185 million worth of bulbs and tubers from 
the Netherlands in 2005. This change will expedite entry of bulbs and 
tubers from the Netherlands when they are carried in small amounts by 
individuals. We have no reason to expect that this change will have a 
significant effect on domestic producers and consumers of bulbs and 
tubers.

Importation of Certain Seeds From Canada

    We are amending Sec.  319.37-4 to exempt certain Canadian seeds 
from the requirement for a phytosanitary certificate. Certain seeds 
from specific establishments in Canada will be able to enter the United 
States with proper identification and an alternative document in lieu 
of the required phytosanitary certificate. The alternative document 
will be an export certification label and a document agreed upon by 
APHIS and CFIA. This change will eliminate redundant paperwork 
requirements in the nursery stock regulations and the Federal Seed Act 
regulations in 7 CFR part 361.
    The United States imported $128.5 million worth of planting seeds 
from Canada in 2004 while exporting $20.6 million planting seeds to 
Canada. The United States exported $263.3 million worth of planting 
seeds to the world in 2004 and imported $423 million worth of planting 
seeds from the world in 2004.\9\ This amendment will allow the United 
States and Canada to trade seed more freely, benefiting both countries, 
with negligible impacts to domestic producers and consumers of seeds.
---------------------------------------------------------------------------

    \9\ Foreign Agricultural Service (FAS), 2004.
---------------------------------------------------------------------------

Vaccinium spp. Plants From Canada

    We are amending Sec.  319.37-5 to require that Vaccinium spp. 
plants from Canada be accompanied by a phytosanitary certificate with 
an additional declaration stating that the articles were produced in an 
approved certification program and found by the national plant 
protection organization of Canada to be free of the BC-1 and BC-2 
strains of blueberry scorch carlavirus. Blueberry production in the 
United States was worth $324 million in 2005.\10\ This additional 
declaration will help to safeguard U.S. producers from virulent strains 
of the virus that only exist in Canada while continuing to allow 
imports of blueberry plants from Canada. This amendment will have a 
negligible impact on domestic producers and consumers of blueberry 
plants.
---------------------------------------------------------------------------

    \10\ NASS, Noncitrus Fruits and Nuts: Price and Value by Crop.
---------------------------------------------------------------------------

Importation of Pelargonium spp. Plants From the Canary Islands

    We are amending the regulations to require that Pelargonium spp. 
plants from the Canary Islands be grown under certain conditions and 
accompanied by a phytosanitary certificate. A phytosanitary certificate 
with an additional declaration confirming that those growing conditions 
have been met for Pelargonium spp. plants will minimize risk that 
organisms such as Helicoverpa armigera, Chrysodeixis chalcites and 
Syngrapha circumflexa (syn. Cornutiplusia circumflexa) might enter the 
United States via the importation of these plants.
    In 2005, the total number of U.S. growers of floriculture crops 
(including geraniums) was 10,563, according to USDA/NASS; 4,412 of 
these growers received $100,000 or more in annual sales. The rest 
(6,151 growers) received less than $100,000 in annual sales that

[[Page 43515]]

year. The Small Business Administration considers a grower of 
floriculture crops to be small if it has less than $750,000 in annual 
sales, so at least 6,151 small entities, and probably more, could be 
affected by this change.
    The United States is a net importer of floriculture crops 
(including geraniums). Specifically, in 2005 the United States imported 
$578 million worth of floriculture crops and exported $304 million of 
floriculture crops. In 2006, the United States imported a $695 value of 
floriculture crops and imported $331 million value.
    No export data are currently available for the Canary Islands 
regarding plant cuttings. Given that, we expect the potential amount of 
U.S. imports of geraniums from the Canary Islands to be very small. We 
do not expect this change to have a significant impact on any U.S. 
entities, including growers of geraniums, regardless of their size.

Importation of Approved Plants From Israel

    We are amending the regulations to require that plants from Israel 
be grown under certain conditions and accompanied by a phytosanitary 
certificate along with an additional declaration confirming that those 
growing conditions have been met. Plants from Israel run the risk of 
harboring plant pests such as Spodoptera littoralis and other pests 
that could be introduced to the United States. S. littoralis is 
associated with cotton production losses around the world. Without 
control measures, S. littoralis could inflict heavy damage to both the 
yield and quality of U.S. cotton production.
    Israel exported $10.2 million worth of plant cuttings to the United 
States in 2004, while the United States exported $9.5 million worth of 
cuttings to the world.\11\ This change will help to safeguard the $5.57 
billion worth of U.S. cotton production (2005).\12\ We have no reason 
to expect that this change will have a significant effect on importers 
of plants from Israel or on domestic cotton producers and consumers.
---------------------------------------------------------------------------

    \11\ FAS., U.S. Trade Statistics, Israel and U.S., plant 
cuttings code  06021, 2001.
    \12\ USDA-NASS, U.S. cotton production value 2005.
---------------------------------------------------------------------------

Treatment of Regulated Articles

    Under the regulations in Sec.  319.37-4(b), any restricted article 
may be sampled and inspected by an inspector under preclearance 
inspection arrangements in the country in which the article was grown, 
and must undergo any treatment contained in 7 CFR part 305 that is 
ordered by the inspector. We are adding a paragraph to Sec.  319.37-6 
to explicitly indicate that treatment of regulated articles of nursery 
stock may be administered outside the United States. We believe that 
this change will not have any significant impact on any U.S. entities, 
whether small or large.

Kenaf Seed From Mexico

    The regulations in Sec.  319.37-6(a) have required seeds of 
Hibiscus spp. (hibiscus, rose mallow) from any foreign country or 
locality, at the time of importation into the United States, to be 
treated for possible infestation with pink bollworm in accordance with 
the applicable provisions of 7 CFR part 305. We are providing an 
exception to the restriction for seeds of kenaf from Mexico that are 
imported into pink bollworm generally infested areas in the United 
States. The States of Arizona, New Mexico, and Texas, and specific 
counties in California are pink bollworm generally infested areas. With 
this change, shipments of untreated kenaf seed from Mexico will be 
authorized entry into those pink bollworm generally infested areas 
subject to inspection. Immediately upon release, those shipments will 
be subject to the domestic pink bollworm quarantine regulations in 
Sec. Sec.  301.52 through 301.52-10, Subpart--Pink Bollworm.
    Allowing the importation of untreated kenaf seed from Mexico into 
pink bollworm generally infested areas may have economic effects on 
some U.S. entities; however, if effects occur, they will be small, 
given that the United States imports mainly processed kenaf and very 
little seed and raw fiber.\13\ For example, on average between 1999 and 
2001, the United States imported 0.3 percent of world imports of raw 
(seeds are included) kenaf (table 1). U.S. demand for imported kenaf 
seed from Mexico is not expected to increase significantly as a result 
of the change.
---------------------------------------------------------------------------

    \13\ The primary focus of the kenaf development has been on the 
newsprint industry with its annual world production near the 30 
million tons level (Scott & Taylor, 1990). U.S. publishers and other 
users account for nearly half of the world's total consumption of 
the processed kenaf. Annual production of newsprint in the United 
States is approximately 5 million tons. Traditionally, imports of 
processed kenaf have accounted for about 60 percent of U.S. 
consumption and demand has steadily increased at about 2.5 percent 
annually.
---------------------------------------------------------------------------

    Kenaf is an annual herbaceous plant of the Malvaceae family, and 
its flowers are closely related to those of cotton, okra, and 
hollyhock. Latin America, including Mexico, produces about 5 percent of 
the world's kenaf seed and fiber (table 2). Kenaf seed can grow in many 
parts of the United States, but it generally needs a long, warm growing 
season to produce the necessary yield to make it a profitable crop. 
Such a climate can only be found in the southern United States. Primary 
production areas in the United States are Texas (Lower Rio Grande 
Valley), Louisiana, Mississippi, Georgia, and Florida. An estimated 
8,000 acres of kenaf was grown in the United States in 1997.\14\
---------------------------------------------------------------------------

    \14\ Economic Research Service, USDA, FLO-2002, May 2002. 
Floriculture and Nursery Crops. Situation and Outlook Yearbook.

          Table 1.--World Imports of Raw Kenaf Seeds and Fibers
                              [Metric tons]
------------------------------------------------------------------------
                                               Calendar year
                                  --------------------------------------
                                       1999         2000         2001
------------------------------------------------------------------------
United States....................        2,400          800          500
Mexico...........................            0            0            0
Rest of the world................      330,300      288,200      272,200
World............................      332,700      289,000      272,700
------------------------------------------------------------------------


[[Page 43516]]


        Table 2.--World Production of Raw Kenaf Seeds and Fibers
                              [Metric tons]
------------------------------------------------------------------------
                                                 Crop year
                                  --------------------------------------
                                    1999-2000    2000-2001    2001-2002
------------------------------------------------------------------------
Developed countries \1\..........        7,000        7,000        7,000
Latin America \2\................       25,400       24,100       12,500
Rest of the world................      427,100      388,300      409,800
World............................      459,500      419,400     440,500
------------------------------------------------------------------------
\1\ Developed countries include Europe, United States, Australia, New
  Zealand, Japan, and former Soviet Republics.
\2\ Latin America includes Mexico.
Source: Food & Agriculture Organization of the U.N., Commodities and
  Trade Division, Current Situation & Short Term Outlook for Hard
  Fibers, Kenaf, Jute, & Allied Fibers Statistics, December 2002.

    The number and size of the entities that will be affected by this 
change is unknown.

Postentry Quarantine Requirements for Hydrangea spp.

    We are reducing the amount of time imported Hydrangea spp. from 
countries other than Canada and Japan must be grown in postentry 
quarantine conditions from 2 years to 9 months. This change might 
affect the volume of Hydrangea spp. imported into the United States 
because it will decrease the cost associated with growing Hydrangea 
spp. in postentry quarantine conditions after importation into the 
United States.
    Hydrangeas are summer-flowering shrubs which are usually shipped in 
the late fall through early winter, after they have received a cold 
storage treatment. There are seven main Hydrangea species in the world. 
Only two, H. arborescens and H. quercifolia, are native to the United 
States; the other five are native to Asia.\15\ The popularity and 
production of hydrangeas have both been increasing in the past few 
years in the United States and so has demand for them. Thus, the 
shorter quarantine period for imported Hydrangea spp. will benefit the 
U.S. public. However, it is difficult to measure the size of any 
possible economic impact of this change in postentry quarantine 
duration for imported hydrangeas due to lack of information about how 
much the cost of quarantine would decrease with a reduction in the 
quarantine period. In addition, we have no data number and size of 
small entities that will be affected by this change.
---------------------------------------------------------------------------

    \15\ H. aspera, H. involucrata, H. macrophylla, H. paniculata, 
H. anomala.
---------------------------------------------------------------------------

Plants in Growing Media from Certain Areas in Canada

    We are amending Sec.  319.37-8(b) to allow the importation of 
restricted articles from areas of Canada that are infested with potato 
cyst nematodes as long as they are grown in approved media and isolated 
from potato cyst nematodes. APHIS has determined that restricted 
articles from these areas that are grown in approved media can be 
isolated in such a manner as to prevent the introduction of potato cyst 
nematodes. These articles will be allowed to be imported if they are 
grown in approved media and are accompanied by a phytosanitary 
certificate with an additional declaration stating that the plants were 
grown in a manner to prevent infestation by potato cyst nematodes. 
Allowing these restricted articles to enter under these conditions will 
increase the flexibility of imports while protecting the United States 
against potato cyst nematode infestation. We have no reason to expect 
that this change would have a significant effect on domestic producers 
and consumers of nursery stock.

Additions to the List of Approved Growing Media

    We are amending Sec.  319.37-8(d) to allow new clay pots and new 
wooden baskets to be used as a growing media for epiphytic plants. New 
wooden baskets used as growing media will have to meet the relevant 
requirements for the importation of logs, lumber, and other untreated 
wood products in Sec. Sec.  319.40-1 through 319.40-11. No trade 
information is currently available for clay pots and wooden baskets. 
Establishing epiphytic plants on new clay pots and new wooden baskets 
is a standard nursery practice. Importers have requested that APHIS 
amend the regulations to allow them to import plants on wooden baskets 
and clay pots. Neither medium is believed to pose a pest risk. We have 
no reason to expect that this change will have a significant effect on 
domestic producers and consumers of nursery stock.

USDA Plant Inspection Stations and Other Ports of Entry

    We are adding a plant inspection station in Linden, NJ, to the list 
of USDA plant inspection stations in Sec.  319.37-14. Adding this 
facility to the list of USDA plant inspection stations will make 
importation of nursery stock more convenient and possibly less costly 
for domestic sellers and consumers without reducing the effectiveness 
of the regulations.
    This final rule contains new information collection or 
recordkeeping requirements (see ``Paperwork Reduction Act'' below).

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 0579-0279.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this rule, please contact Mrs. Celeste Sickles, 
APHIS' Information Collection Coordinator, at (301) 734-7477.

[[Page 43517]]

Lists of Subjects

7 CFR Part 319

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

7 CFR Part 330

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

7 CFR Part 340

    Administrative practice and procedure, Biotechnology, Genetic 
engineering, Imports, Packaging and containers, Plant diseases and 
pests, Transportation.

0
Accordingly, we are amending 7 CFR parts 319, 330, and 340 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.


Sec.  319.28  [Amended]

0
2. In Sec.  319.28, the introductory text of paragraph (b)(7) is 
amended by removing the word ``listed'' and adding the word 
``identified'' in its place.

0
3. Section 319.37-1 is amended as follows:
0
a. By removing the definition for bulbs.
0
b. By adding new definitions, in alphabetical order, for bulb, plant, 
preclearance, regulated plant, and State to read as set forth below.
0
c. By revising the definitions for inspector, person, plant pest, 
restricted article, and United States to read as set forth below.


Sec.  319.37-1  Definitions.

* * * * *
    Bulb. The portion of a plant commonly known as a bulb, bulbil, 
bulblet, corm, cormel, rhizome, tuber, or pip, and including fleshy 
roots or other underground fleshy growths, a unit of which produces an 
individual plant.
* * * * *
    Inspector. Any individual authorized by the Administrator of APHIS 
or the Commissioner of Customs and Border Protection, Department of 
Homeland Security, to enforce the regulations in this part.
* * * * *
    Person. Any individual, partnership, corporation, association, 
joint venture, or other legal entity.
* * * * *
    Plant. Any plant (including any plant part) for or capable of 
propagation, including a tree, a tissue culture, a plantlet culture, 
pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a 
root, and a seed.
    Plant pest. Any living stage of any of the following that can 
directly or indirectly injure, cause damage to, or cause disease in any 
plant or plant product: A protozoan, a nonhuman animal, a parasitic 
plant, a bacterium, a fungus, a virus or viroid, an infectious agent or 
other pathogen, or any article similar to or allied with any of these 
articles.
* * * * *
    Preclearance. Phytosanitary inspection and/or clearance in the 
country in which the articles were grown, performed by or under the 
regular supervision of APHIS.
* * * * *
    Regulated plant. Any gymnosperm, angiosperm, fern, or fern ally. 
Gymnosperms include cycads, conifers, and gingko. Angiosperms include 
any flowering plant. Fern allies include club mosses, horsetails, whisk 
ferns, spike mosses, and quillworts.
    Restricted article. Any regulated plant, root, bulb, seed, or other 
plant product for or capable of propagation, excluding any prohibited 
articles listed in Sec.  319.37-2(a) or (b) of this subpart, and 
excluding any articles regulated in Sec. Sec.  319.8 through 319.24 or 
319.41 through 319.74-4 and any articles regulated in part 360 of this 
chapter.
* * * * *
    State. Any of the several States of the United States, the 
Commonwealth of the Northern Mariana Islands, the Commonwealth of 
Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the 
United States, or any other territory or possession of the United 
States.
* * * * *
    United States. All of the States.

0
4. Section 319.37-2 is amended as follows:
0
a. In the table in paragraph (a), by adding new entries for 
``Pelargonium spp. plants not meeting the requirements for importation 
in Sec.  319.37-5(u)'', ``Plants (except bulbs, dormant perennials, and 
seeds) not meeting the requirements for importation in Sec.  319.37-
5(v)'', ``Rubus spp. not meeting the conditions for importation in 
Sec.  319.37-5(f)'', and ``Vaccinium spp. plants not meeting the 
conditions for importation in Sec.  319.37-5(t)'', in alphabetical 
order, to read as set forth below.
0
b. In paragraph (c)(2), by removing the words ``Plant Germplasm 
Quarantine Center, Building 320'' and adding the words ``National Plant 
Germplasm Inspection Station, Building 580'' in their place; and by 
removing the words ``at a port of entry designated by an asterisk in 
Sec.  319.37-14(b)'' and adding the words ``through any Federal plant 
inspection station listed in Sec.  319.37-14'' in their place.


Sec.  319.37-2  Prohibited articles.

    (a) * * *

------------------------------------------------------------------------
                                                    Plant pests existing
 Prohibited article (includes     Foreign places    in the palces named
  seeds only if specifically        from which      and capable of being
          mentioned)                prohibited      transported with the
                                                     prohibited article
------------------------------------------------------------------------
 
                              * * * * * * *
Pelargonium spp. plants not     Canary Islands     Helicoverpa armigera,
 meeting the conditions for      (Spain).           Chrysodeixis
 importation in Sec.   319.37-                      chalcites, and
 5(u).                                              Syngrapha
                                                    circumflexa (syn.
                                                    Cornutiplusia
                                                    circumflexa).
 
                              * * * * * * *
Plants (except bulbs, dormant   Israel...........  Spodoptera littoralis
 herbaceous perennials, and                         and other quarantine
 seeds) not meeting the                             pests.
 conditions for importation in
 Sec.   319.37-5(v).
 
                              * * * * * * *
Rubus spp. not meeting the      Europe...........  Rubus stunt agent
 conditions for importation in
 Sec.   319.37-5(f).
 

[[Page 43518]]

 
                              * * * * * * *
Vaccinium spp. plants not       Canada...........  Blueberry scorch
 meeting the conditions for                         carlavirus (strains
 importation in Sec.   319.37-                      BC-1 and BC-2).
 5(t).
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *


Sec.  319.37-3  [Amended]

0
5. Section 319.37-3 is amended as follows:
0
a. In paragraph (a)(3), by removing the word ``spp.'' the first time it 
occurs.
0
b. In paragraph (a)(8), by removing the words ``Castanea spp. 
(chestnut) or''.
0
c. In paragraph (b), in the introductory text of the paragraph and in 
footnote 4, by removing the words ``Port Operations'' and adding the 
words ``Permits, Registrations, Imports and Manuals'' in their place.

0
6. Section 319.37-4 is amended as follows:
0
a. By revising paragraph (a) to read as set forth below.
0
b. By adding a new paragraph (e) to read as set forth below.
0
c. By revising the OMB citation at the end of the section to read as 
set forth below.


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

    (a) Phytosanitary certificates of inspection. Any restricted 
article offered for importation into the United States must be 
accompanied by a phytosanitary certificate of inspection. The 
phytosanitary certificate must identify the genus of the article it 
accompanies. When the regulations in this subpart place restrictions on 
individual species or cultivars within a genus, the phytosanitary 
certificate must also identify the species or cultivar of the article 
it accompanies. Otherwise, identification of the species is strongly 
preferred, but not required. Intergeneric and interspecific hybrids 
must be designated by placing the multiplication sign ``x'' between the 
names of the parent taxa. If the hybrid is named, the multiplication 
sign may instead be placed before the name of an intergeneric hybrid or 
before the epithet in the name of an interspecific hybrid. 
Phytosanitary certificates are not required for the following 
restricted articles:
    (1) Greenhouse-grown plants from Canada imported in accordance with 
paragraph (c) of this section. These plants must be accompanied by a 
certificate of inspection in the form of a label in accordance with 
paragraph (c)(1)(iv) of this section attached to each carton of the 
articles and to an airway bill, bill of lading, or delivery ticket 
accompanying the articles.
    (2) Small lots of seed imported in accordance with paragraph (d) of 
this section.
    (3) Seeds from Canada imported in accordance with paragraph (e) of 
this section. Each carton of seed must be labeled as required by 
paragraph (e)(2)(ii) of this section. Each shipment of seed must be 
accompanied by the documents in paragraphs (e)(2)(iii)(A) and 
(e)(2)(iii)(B) of this section, as necessary.
    (4) Bulbs from the Netherlands accompanied by a special certificate 
that lists a serial number, the scientific name of the bulb, the 
country of its origin, and a date on which the special certificate 
expires. The serial number must refer to a phytosanitary certificate 
issued, held, and retrievable upon request by the national plant 
protection organization of the Netherlands. The expiration date must be 
6 weeks after the issuance of the phytosanitary certificate held by the 
national plant protection organization of the Netherlands. Shipments of 
bulbs from the Netherlands accompanied by this certificate may be 
imported into the United States without preclearance by APHIS.
* * * * *
    (e) Certain seeds from Canada. Seeds imported from Canada may be 
imported without a phytosanitary certificate if the following 
conditions are met:
    (1) The Canadian Food Inspection Agency shall:
    (i) Establish and administer a seed export program under which 
Canadian exporters of seed may operate;
    (ii) Assign a unique identification number to each exporting 
establishment enrolled in and approved by the seed inspection program;
    (iii) Provide APHIS with a current list of the establishments 
participating in its seed export program and their names, locations, 
telephone numbers, and establishment identification numbers at the 
start of the shipping season, and provide regular updates to that list 
throughout the shipping season;
    (iv) Enter into an agreement with APHIS that specifies the 
documents that must accompany shipments of seeds under the seed export 
program:
    (A) Agricultural and vegetable seeds, as listed in the Federal Seed 
Act regulations in part 361 of this chapter, must be accompanied by a 
document certifying that the relevant provisions of the Federal Seed 
Act have been followed;
    (B) Other seeds must be accompanied by a document certifying that 
the seeds have been inspected.
    (2) Each seed exporter participating in the seed export program 
shall enter into an agreement with the Canadian Food Inspection Agency 
in which the exporter agrees to:
    (i) Practice any and all safeguards the Canadian Food Inspection 
Agency may prescribe in order to ensure that seed exported to the 
United States is free of plant pests and that seed that does not meet 
the requirements for exportation to the United States is separated from 
seed that does;
    (ii) Include an export certification document with each shipment 
indicating the common name of the seed, the country of origin of the 
seed, the establishment identification number assigned to the exporting 
establishment under the Canadian Food Inspection Agency's seed export 
program, and the lot number in addition to all other information 
required to be present by Sec.  361.3 of this chapter.
    (iii) Include other shipping documents as required with each 
shipment:
    (A) Shipments of agricultural and vegetable seeds, as listed in the 
Federal Seed Act, must be accompanied by a document certifying that the 
relevant provisions of the Federal Seed Act regulations in part 361 of 
this chapter have been followed, as agreed upon by the Canadian Food 
Inspection Agency and APHIS;
    (B) Shipments of other seeds must be accompanied by a document 
certifying that the seeds have been inspected, as agreed upon by the 
Canadian Food Inspection Agency and APHIS. (Approved by the Office of 
Management and Budget under control numbers 0579-0285 and 0579-0279)

0
7. Section 319.37-5 is amended as follows:

[[Page 43519]]

0
a. In paragraph (a), by removing the words ``at the time of arrival at 
the port of first arrival in the United States'' and by revising the 
country list at the end of the paragraph to read as set forth below.
0
b. In paragraph (b)(1), by removing the words ``Federal Republic of 
Germany,'' and by adding the word ``Germany,'' after the word 
``France,''.
0
c. In the introductory text of paragraph (j)(1) and in paragraph 
(j)(1)(i), by removing the words ``Federal Republic of''.
0
d. By adding new paragraphs (t), (u), and (v) to read as set forth 
below.
0
e. By revising the OMB citation at the end of the section to read as 
set forth below.


Sec.  319.37-5  Special foreign inspection and certification 
requirements.

    (a) * * *
    Algeria, Argentina, Armenia, Australia, Austria, Azerbaijan, 
Azores, Belarus, Belgium, Bolivia, Bulgaria, Canada (only that portion 
comprising Newfoundland and that portion of the Municipality of Central 
Saanich in the Province of British Columbia east of the West Saanich 
Road), Channel Islands, Chile, Colombia, Costa Rica, Crete, Croatia, 
Cyprus, Czech Republic, Denmark (including Faeroe Islands), Ecuador, 
Egypt, Estonia, Finland, France, Georgia, Germany, Great Britain, 
Greece, Guernsey, Hungary, Iceland, India, Ireland, Italy, Japan, 
Jersey, Jordan, Latvia, Lebanon, Lithuania, Luxembourg, Kazakhstan, 
Kyrgyzstan, Malta, Mexico, Republic of Moldova, Morocco, the 
Netherlands, New Zealand, Northern Ireland, Norway, Pakistan, Panama, 
Peru, the Philippines, Poland, Portugal, Russian Federation, Serbia and 
Montenegro, South Africa, Spain (including Canary Islands), Slovakia, 
Slovenia, Sweden, Switzerland, Tajikistan, Tunisia, Turkmenistan, 
Ukraine, Uzbekistan, and Venezuela.
* * * * *
    (t) For any Vaccinium spp. plants from Canada, the phytosanitary 
certificate of inspection required by Sec.  319.37-4 must contain an 
additional declaration that such article was produced in an approved 
certification program and found by the national plant protection 
organization of Canada to be free of the BC-1 and BC-2 strains of 
blueberry scorch carlavirus.
    (u) Special foreign inspection and certification requirements for 
Pelargonium spp. plants from the Canary Islands. Pelargonium spp. 
plants from the Canary Islands may only be imported into the United 
States in accordance with the requirements of this section, to prevent 
the plant pests Helicoverpa armigera, Chrysodeixis chalcites, and 
Syngrapha circumflexa (syn. Cornutiplusia circumflexa) from entering 
the United States.
    (1) Phytosanitary certificate. The phytosanitary certificate of 
inspection required by Sec.  319.37-4 that accompanies Pelargonium spp. 
plants from the Canary Islands must contain additional declarations 
that the plants were produced in an approved Spanish (Canary Island) 
production site, that the production site is operated by a grower 
participating in the export program for Pelargonium spp. plants 
established by the national plant protection organization of Spain, and 
that the plants were grown under conditions specified by APHIS as 
described in this paragraph Sec.  319.37-5(u) to prevent infestation 
with Helicoverpa armigera, Chrysodeixis chalcites, and Syngrapha 
circumflexa (syn. Cornutiplusia circumflexa).
    (2) Grower registration and agreement. Persons in the Canary 
Islands who produce Pelargonium spp. plants for export to the United 
States must:
    (i) Be registered and approved by the national plant protection 
organization of Spain; and
    (ii) Enter into an agreement with the national plant protection 
organization of Spain whereby the producer agrees to participate in and 
follow the export program for Pelargonium spp. plants established by 
the national plant protection organization of Spain.
    (3) Growing requirements. Growers in the Canary Islands who produce 
Pelargonium spp. plants for export to the United States must meet the 
following requirements for inclusion in the export program for 
Pelargonium spp. plants established by the national plant protection 
organization of Spain:
    (i) Pelargonium spp. plants destined for export to the United 
States must be produced in a production site devoted solely to 
production of such plants.
    (ii) The production sites in which such plants are produced must be 
registered with the national plant protection organization of Spain. 
Such production sites must employ safeguards agreed on by APHIS and the 
national plant protection organization of Spain, including, but not 
limited to, prescribed mesh screen size (if the production site is a 
screenhouse) and automatically closing doors, to ensure the exclusion 
of H. armigera.
    (iii) Each production site in which plants destined for export to 
the United States are grown must have at least one blacklight trap for 
1 year following any of the following events:
    (A) The construction of the production site;
    (B) The entry of the production site into the approved plants 
export program;
    (C) The replacement of the covering of the production site; or
    (D) The detection and repair of a break or tear in the plastic or 
screening in the production site.
    (4) Inspections. Inspections undertaken in the export program for 
Pelargonium spp. plants established by the national plant protection 
organization of Spain will include, but may not be limited to, the 
following:
    (i) The national plant protection organization of Spain will 
inspect the plants and the production site during the growing season 
and during packing.
    (ii) Packing materials and shipping containers for the plants must 
be inspected and approved by APHIS to ensure that they do not introduce 
pests of concern to the plants.
    (iii) Either APHIS or the national plant protection organization of 
Spain will inspect the production site of the plants to ensure that 
they meet standards of sanitation agreed upon by APHIS and the national 
plant protection organization of Spain.
    (iv) Inspectors from both APHIS and the national plant protection 
organization of Spain will have access to the production site as 
necessary to ensure that growers are employing the proper safeguards 
against infestation of H. armigera, C. chalcites, and S. circumflexa 
and that those safeguards are correctly implemented.
    (v) The national plant protection organization of Spain will 
provide APHIS with access to the list of registered and approved 
growers at least annually.
    (5) Ineligibility for participation. (i) Growers will be ineligible 
for participation in the export program for Pelargonium spp. plants 
established by the national plant protection organization of Spain and 
their production sites will lose approved status if:
    (A) Live Syngrapha circumflexa (syn. Cornutiplusia circumflexa), or 
any other moth of the family Noctuidae, are found in a production site;
    (B) Live Syngrapha circumflexa (syn. Cornutiplusia circumflexa), or 
any other moth of the family Noctuidae, are found in a shipment of 
plants; or
    (C) Growers violate the requirements set out in this section and by 
the export program established by the national plant protection 
organization of Spain.
    (ii) A grower may be reinstated, and the grower's production sites 
may regain approved status, by requesting

[[Page 43520]]

reapproval and submitting a detailed report describing the corrective 
actions taken by the grower. Reapproval will only be granted upon 
concurrence from the national plant protection organization of Spain 
and APHIS.
    (6) Termination. APHIS may terminate the entire program if there 
are repeated violations of procedural or biological requirements.
    (7) Trust fund. The government of Spain must enter into a trust 
fund agreement with APHIS before each growing season. The government of 
Spain or its designated representative is required to pay in advance 
all estimated costs that APHIS expects to incur through its involvement 
in overseeing the execution of paragraph (u) of this section. These 
costs will include administrative expenses incurred in conducting the 
services enumerated in paragraph (u) of this section and all salaries 
(including overtime and the Federal share of employee benefits), travel 
expenses (including per diem expenses), and other incidental expenses 
incurred by the inspectors in performing these services. The government 
of Spain or its designated representative is required to deposit a 
certified or cashier's check with APHIS for the amount of the costs 
estimated by APHIS. If the deposit is not sufficient to meet all costs 
incurred by APHIS, the agreement further requires the government of 
Spain or its designated representative to deposit with APHIS a 
certified or cashier's check for the amount of the remaining costs, as 
determined by APHIS, before the services will be completed. After a 
final audit at the conclusion of each shipping season, any overpayment 
of funds would be returned to the government of Spain or its designated 
representative or held on account until needed.
    (v) Special foreign inspection and certification requirements for 
plants from Israel. Plants from Israel, except bulbs, dormant 
perennials, and seeds, may only be imported into the United States in 
accordance with the regulations in this section, to prevent Spodoptera 
littoralis and other quarantine pests found in Israel from entering the 
United States.
    (1) Phytosanitary certificate. The phytosanitary certificate of 
inspection required by Sec.  319.37-4 that accompanies plants from 
Israel at the time of arrival at the port of first arrival in the 
United States must contain additional declarations that the plants were 
produced in an approved Israeli production site, that the production 
site is operated by a grower participating in the export program for 
plants established by the national plant protection organization of 
Israel, and that the plants were grown under conditions specified by 
APHIS as described in this paragraph Sec.  319.37-5(v) to prevent 
infestation or contamination with Spodoptera littoralis or other 
quarantine pests.
    (2) Grower registration and agreement. Persons in Israel who 
produce plants for export to the United States must:
    (i) Be registered and approved by the national plant protection 
organization of Israel; and
    (ii) Enter into an agreement with the national plant protection 
organization of Israel whereby the producer agrees to participate in 
and follow the export program for plants established by the national 
plant protection organization of Israel.
    (3) Growing requirements. Growers in Israel who produce plants for 
export to the United States must meet the following requirements for 
inclusion in the export program for plants established by the national 
plant protection organization of Israel:
    (i) Plants destined for export to the United States must come from 
a production site devoted solely to production of such plants.
    (ii) The production sites in which such plants are produced must be 
registered with the national plant protection organization of Israel. 
These production sites must employ safeguards agreed on by APHIS and 
the national plant protection organization of Israel to prevent the 
entry of S. littoralis, including, but not limited to, insect-proof 
screening over openings and double or airlock-type doors. Any rips or 
tears in the insect-proof screening must be repaired immediately.
    (iii) Each production site in which plants destined for export to 
the United States are grown must have at least one blacklight trap for 
1 year following any of the following events:
    (A) The construction of the production site;
    (B) The entry of the production site into the approved plants 
export program;
    (C) The replacement of the covering of the production site; or
    (D) The detection and repair of a break or tear in the plastic or 
screening in the production site.
    (4) Inspections. Inspections undertaken in the export program for 
plants established by the national plant protection organization of 
Israel will include, but may not be limited to, the following:
    (i) The national plant protection organization of Israel will 
inspect the plants and the production site weekly to ensure that no 
quarantine pests are present.
    (ii) Plants must be inspected to ensure that they are free of 
quarantine pests before being allowed into the screened area of the 
production site.
    (iii) The national plant protection organization of Israel will 
inspect the plants to ensure that no quarantine pests are present prior 
to export.
    (iv) Packing materials and shipping containers for the plants must 
be inspected and approved by APHIS to ensure that they do not introduce 
pests of concern to the plants.
    (v) Either APHIS or the national plant protection organization of 
Israel will inspect the production site of the plants to ensure that 
they meet standards of sanitation approved by APHIS.
    (vi) Inspectors from both APHIS and the national plant protection 
organization of Israel will have access to the production site as 
necessary to ensure that growers are employing the safeguards and 
procedures prescribed by the program and that those safeguards and 
procedures are correctly implemented.
    (vii) The national plant protection organization of Israel will 
provide APHIS with access to the list of registered and approved 
growers at least annually.
    (5) Ineligibility for participation. (i) Growers will be ineligible 
for participation in the export program for plants established by the 
national plant protection organization of Israel and their production 
sites will lose approved status if:
    (A) Live Spodoptera littoralis are found in a production site;
    (B) Live Spodoptera littoralis are found at port inspection two 
times during the shipping season in shipments from the same grower; or
    (C) Growers violate the requirements set out in this section and by 
the export program established by the national plant protection 
organization of Israel.
    (ii) A grower may be reinstated, and the grower's production sites 
may regain approved status, by requesting reapproval and submitting a 
detailed report describing the corrective actions taken by the grower. 
Reapproval will only be granted upon concurrence from the national 
plant protection organization of Israel and APHIS.
    (6) Termination. APHIS may terminate the entire program if there 
are repeated violations of procedural or biological requirements.
    (7) Trust fund. The government of Israel must enter into a trust 
fund agreement with APHIS before each growing season. The government of 
Israel or its designated representative is

[[Page 43521]]

required to pay in advance all estimated costs that APHIS expects to 
incur through its involvement in overseeing the execution of paragraph 
(v) of this section. These costs will include administrative expenses 
incurred in conducting the services enumerated in paragraph (v) of this 
section and all salaries (including overtime and the Federal share of 
employee benefits), travel expenses (including per diem expenses), and 
other incidental expenses incurred by the inspectors in performing 
these services. The government of Israel or its designated 
representative is required to deposit a certified or cashier's check 
with APHIS for the amount of the costs estimated by APHIS. If the 
deposit is not sufficient to meet all costs incurred by APHIS, the 
agreement further requires the government of Israel or its designated 
representative to deposit with APHIS a certified or cashier's check for 
the amount of the remaining costs, as determined by APHIS, before the 
services will be completed. After a final audit at the conclusion of 
each shipping season, any overpayment of funds would be returned to the 
government of Israel or its designated representative or held on 
account until needed.

(Approved by the Office of Management and Budget under control 
numbers 0579-0049, 0579-0176, 0579-0221, 0579-0246, 0579-0257, and 
0579-0279)


0
8. Section 319.37-6 is revised to read as follows.


Sec.  319.37-6  Specific treatment and other requirements.

    (a) The following seeds and bulbs may be imported into the United 
States from designated countries and localities only if they have been 
treated for the specified pests in accordance with part 305 of this 
chapter. Seeds and bulbs treated prior to importation outside the 
United States must be treated in accordance with Sec.  319.37-13(c). An 
inspector may require treatment within the United States of articles 
that have been treated prior to importation outside the United States 
if such treatment is determined to be necessary:

----------------------------------------------------------------------------------------------------------------
                                                                                           Pest(s) for which
             Seed/bulb                               Country/locality                    treatment is required
----------------------------------------------------------------------------------------------------------------
Abelmoschus spp. (okra) seeds......  All............................................  Pectinophora gossypiella
                                                                                       (Saunders) (pink
                                                                                       bollworm).
Allium sativum (garlic) bulbs......  Algeria, Armenia, Austria, Azerbaijan, Belarus,  Brachycerus spp. and
                                      Croatia, Czech Republic, Egypt, France,          Dyspessa ulula (Bkh.).
                                      Georgia, Germany, Greece, Hungary, Iran,
                                      Israel, Italy, Kazakhstan, Kyrgyzstan,
                                      Republic of Moldova, Morocco, Portugal, Serbia
                                      and Montenegro, Slovakia, Slovenia, Republic
                                      of South Africa, Spain, Switzerland, Syria,
                                      Russian Federation, Tajikistan, Turkey,
                                      Turkmenistan, Ukraine, and Uzbekistan.
Castanea seeds.....................  All except Canada and Mexico...................  Curculio elephas
                                                                                       (Cyllenhal), C. nucum L.,
                                                                                       Cydia (Laspeyresia)
                                                                                       splendana Hubner, Pammene
                                                                                       fusciana L. (Hemimene
                                                                                       juliana (Curtis)) and
                                                                                       other insect pests of
                                                                                       chestnut and acorn.
Guizotia abyssinica (niger) seeds..  All (see paragraph (c) of this section)........  Cuscuta spp., and other
                                                                                       noxious weeds listed in 7
                                                                                       CFR 360.200.
Hibiscus spp. (hibiscus, rose        All, with the exception of kenaf seed (Hibiscus  Pectinophora gossypiella
 mallow) seeds.                       cannabinus) from Mexico that is to be imported   (Saunders) (pink
                                      into pink bollworm generally infested areas      bollworm).
                                      listed in Sec.   301.52-2a of this chapter.
Lathyrus spp. (sweet pea, peavine)   All except North America and Central America...  Insects of the family
 seeds.                                                                                Bruchidae.
Lens spp. (lentil) seeds...........  All except North America and Central America...  Insects of the family
                                                                                       Bruchidae.
Quercus seeds......................  All except Canada and Mexico...................  Curculio elephas
                                                                                       (Cyllenhal), C. nucum L.,
                                                                                       Cydia (Laspeyresia)
                                                                                       splendana Hubner, Pammene
                                                                                       fusciana L. (Hemimene
                                                                                       juliana (Curtis)) and
                                                                                       other insect pests of
                                                                                       chestnut and acorn.
Rutaceae, seeds of all species in    Afghanistan, Andaman Islands, Argentina,         Xanthomonas axonopodis,
 the family.                          Bangladesh, Brazil, Caroline Islands, Comoro     pv. citri (citrus
                                      Islands, Fiji Islands, Home Island in Cocos      canker).
                                      (Keeling) Islands, Hong Kong, India,
                                      Indonesia, Ivory Coast, Japan, Kampuchea,
                                      Korea, Madagascar, Malaysia, Mauritius,
                                      Mozambique, Myanmar, Nepal, Oman, Pakistan,
                                      Papua New Guinea, Paraguay, People's Republic
                                      of China, Philippines, Reunion Island,
                                      Rodriquez Islands, Ryukyu Islands, Saudi
                                      Arabia, Seychelles, Sri Lanka, Taiwan,
                                      Thailand, Thursday Island, United Arab
                                      Emirates, Uruguay, Vietnam, Yemen (Sanaa), and
                                      Zaire.
Vicia spp. (fava bean, vetch) seeds  All except North America and Central America...  Insects of the family
                                                                                       Bruchidae.
----------------------------------------------------------------------------------------------------------------

    (b) Seeds and bulbs that are treated within the United States must 
be treated at the time of importation into the United States.
    (c) Seeds of Guizotia abyssinica (niger seed) that are treated 
prior to shipment to the United States at a facility that is approved 
by APHIS \8\ and that operates in compliance with a written agreement 
between the treatment facility owner and the plant protection service 
of the exporting country, in which the treatment facility owner agrees 
to comply with the provisions of this section and allow inspectors and 
representatives of the plant protection service of the exporting 
country access to the treatment facility as necessary to monitor 
compliance with the regulations. Treatments must be

[[Page 43522]]

certified in accordance with the conditions described in Sec.  319.37-
13(c).
---------------------------------------------------------------------------

    \8\ Criteria for the approval of heat treatment facilities are 
contained in part 305 of this chapter.
---------------------------------------------------------------------------

    (d) Shipments of kenaf (Hibiscus cannabinus) seed from Mexico that 
are imported into pink bollworm generally infested areas listed in 
Sec.  301.52-2a shall be subject to inspection, and shall immediately, 
upon release, be subject to the domestic pink bollworm quarantine 
regulations in Sec. Sec.  301.52 through 301.52-10, ``Subpart--Pink 
Bollworm,'' of this chapter.

0
9. Section 319.37-7 is amended as follows:
0
a. In the table in paragraph (a)(3), in the entries for Chrysanthemum 
spp., Leucanthemella serotina, and Nipponanthemum nipponicum, by adding 
the word ``Canada,'' after the word ``Brunei,''.
0
b. In the table in paragraph (a)(3), by removing the entry for 
``Fragaria spp.''.
0
c. In the table in paragraph (a)(3), by revising the entries for 
``Jasminum spp.'' and ``Sorbus spp.'' to read as set forth below.
0
d. By revising paragraph (d)(7)(ii) to read as set forth below.
0
e. By removing paragraph (g).


Sec.  319.37-7  Postentry quarantine.

    (a) * * *
    (3) * * *

----------------------------------------------------------------------------------------------------------------
   Restricted article (excluding
              seeds)                          Foreign country(ies) or locality(ies) from which imported
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Jasminum spp. jasmine)............  All except Canada, Belgium, Germany, Great Britain, India, and the
                                     Philippines.
 
                                                  * * * * * * *
Sorbus spp. (mountain ash)........  All except Canada, Czech Republic, Denmark, Germany, and Slovakia.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (d) * * *
    (7) * * *
    (ii) To grow the article or increase therefrom only in a greenhouse 
or other enclosed building, and to comply with the above conditions for 
a period of 6 months after importation for an article of Chrysanthemum 
spp., Dendranthema spp, Leucanthemella serotina, and Nipponanthemum 
nipponicum, for a period of 1 year after importation for an article of 
Dianthus spp. (carnation, sweet-william), and for a period of 9 months 
after importation for an article of Hydrangea spp.
* * * * *

0
10. Section 319.37-8 is amended as follows:
0
a. By revising paragraph (b) to read as set forth below.
0
b. In paragraph (c), by removing the words ``transparent or 
translucent''.
0
c. By revising paragraph (d) to read as set forth below.


Sec.  319.37-8  Growing media.

* * * * *
    (b)(1) A restricted article from Canada may be imported in any 
growing medium, except as restricted in paragraph (b)(2) of this 
section.
    (2) A restricted article from Newfoundland or from that portion of 
the Municipality of Central Saanich in the Province of British Columbia 
east of the West Saanich Road may only be imported in an approved 
growing medium if the phytosanitary certificate accompanying it 
contains an additional declaration that that the plants were grown in a 
manner to prevent infestation by potato cyst nematodes (Globodera 
rostochiensis and G. pallida).
* * * * *
    (d) Epiphytic plants (including orchid plants) established solely 
on tree fern slabs, coconut husks, coconut fiber, new clay pots, or new 
wooden baskets may be imported on such growing media. New wooden 
baskets must meet all applicable requirements in Sec. Sec.  319.40-1 
through 319.40-11.
* * * * *


Sec.  319.37-10  [Amended]

0
11. In Sec.  319.37-10, the introductory text of paragraph (b) is 
amended by removing the word ``listed'' and adding the word 
``identified'' in its place.


Sec.  319.37-12  [Amended]

0
12. Section 319.37-12 is amended by removing the words ``or part 321''.

0
13. Section 319.37-14 is revised to read as follows.


Sec.  319.37-14  Ports of entry.

    Any restricted article required to be imported under a written 
permit pursuant to Sec.  319.37-3(a)(1) through (6) of this subpart, if 
not precleared, may be imported or offered for importation only at a 
USDA plant inspection station listed below. Ports of entry through 
which restricted articles must pass before arriving at these USDA plant 
inspection stations are listed in the second column. Any other 
restricted article that is not required to be imported under a written 
permit pursuant to Sec.  319.37-3(a)(1) through (6) of this subpart may 
be imported or offered for importation at any Customs designated port 
of entry indicated in 19 CFR 101.3(b)(1). Exceptions may be listed in 
Sec.  330.104 of this chapter. Articles that are required to be 
imported under a written permit that are also precleared in the country 
of export are not required to enter at an inspection station and may 
enter through any Customs port of entry. Exceptions may be listed in 
Sec.  330.104 of this chapter.

[[Page 43523]]



                                     List of USDA Plant Inspection Stations
----------------------------------------------------------------------------------------------------------------
               State                        Port of entry                Federal plant inspection station
----------------------------------------------------------------------------------------------------------------
Arizona............................  Nogales....................  Plant Inspection Station, 9 North Grand
                                                                   Avenue, Room 120, Nogales, AZ 85621.
California.........................  Long Beach, Los Angeles,     Los Angeles Inspection Station, 11840 S. La
                                      San Pedro.                   Cienega Blvd., Hawthorne, CA 90250.
                                     San Diego, San Ysidro......  Plant Inspection Station, 9777 Via de la
                                                                   Amistad, Room 140, San Diego, CA 92154.
                                     Oakland, San Francisco.....  Plant Inspection Station, 389 Oyster Point
                                                                   Blvd., Suite 2, South San Francisco, CA
                                                                   94080.
Florida............................  Miami, (Note: Restricted     Plant Inspection Station, 3500 NW., 62nd
                                      articles may be moved from   Avenue, Miami, FL 33122. Mailing address:
                                      Fort Lauderdale to Miami     P.O. Box 660520, Miami, FL 33266.
                                      under U.S. Customs bond).
                                     Orlando....................  Plant Inspection Station, 9317 Tradeport
                                                                   Drive, Orlando, FL 32827.
Georgia............................  Atlanta....................  Hartsfield Perishable Complex, 1270 Woolman
                                                                   Place, Atlanta, GA 30354.
Guam...............................  Agana......................  905 East Sunset Blvd., Tiyan, Barringada, GU
                                                                   96913. Mailing address: P.O. Box 8769,
                                                                   Tamuning, GU 96931.
Hawaii.............................  Honolulu (Airport).........  Honolulu Inspection Station, Honolulu
                                                                   International Airport, 300 Rodgers Blvd.,
                                                                   57, Honolulu, HI 96819-1897.
Louisiana..........................  New Orleans................  Plant Inspection Station, 900 East Airline
                                                                   Service Road A, Kenner, LA 70063.
Maryland...........................  Baltimore..................  (Only niger seed may be imported into the Port
                                                                   of Baltimore, after which it may be moved for
                                                                   treatment at a local treatment facility).
New Jersey.........................  Elizabeth, New York          Frances Krim Memorial Inspection Station, 2500
                                      (Maritime), Newark.          Brunswick Avenue, Building G, Linden, NJ
                                                                   07036.
New York...........................  Jamaica (JFK)..............  Plant Inspection Station, 230-59 International
                                                                   Airport Centers Boulevard, Building C, Suite
                                                                   100, Room 109, Jamaica, NY 11413.
Puerto Rico........................  San Juan...................  Plant Inspection Station, 150 Central Sector,
                                                                   Building C-2, Warehouse 3, Carolina, PR
                                                                   00979.
Texas..............................  Houston....................  Plant Inspection Station, 19581 Lee Road,
                                                                   Humble, TX 77338.
                                     Los Indios.................  Plant Inspection Station, P.O. Drawer Box 393,
                                                                   100 Los Indios Boulevard, Los Indios, TX
                                                                   78567.
Washington.........................  Seattle....................  835 S. 192nd Street, Suite 1600, Sea-Tac, WA
                                                                   98148.
----------------------------------------------------------------------------------------------------------------

Sec.  319.59-2  [Amended]

0
14. Section 319.59-2 is amended as follows:
0
a. In paragraph (b)(1), by removing the words ``Plant Germplasm 
Quarantine Center, Building 320'' and adding the words ``National Plant 
Germplasm Inspection Station, Building 580'' in their place; and by 
removing the words ``at any port of entry with an asterisk listed in 
Sec.  319.37-14(b)'' and adding the words ``through any USDA plant 
inspection station listed in Sec.  319.37-14'' in their place.
0
b. In paragraph (b)(2), by removing the words ``Plant Germplasm 
Quarantine Center'' and adding the words ``National Plant Germplasm 
Inspection Station'' in their place.


Sec.  319.75  [Amended]

0
15. In Sec. 19.75, paragraph (c)(2) is amended by removing the words 
``Plant Germplasm Quarantine Center, Building 320'' and adding the 
words ``National Plant Germplasm Inspection Station, Building 580'' in 
their place; and by removing the words ``at a port of entry designated 
by an asterisk in Sec.  319.37-14(b);'' and adding the words ``through 
any USDA plant inspection station listed in Sec.  319.37-14;'' in their 
place.


Sec.  319.75-8  [Amended]

0
16. Sec.  319.75-8 is amended by removing the word ``listed'' and 
adding the word ``identified'' in its place.

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

0
17. The authority citation for part 330 continues to read as follows:

    Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21 
U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.


0
18. Section 330.104 is amended by revising all of the text after the 
first sentence to read as follows:


Sec.  330.104  Ports of entry.

    * * * The ports of entry shall be those named in 19 CFR 
101.3(b)(1), except as otherwise provided by administrative 
instructions or by permits issued in accordance with this part, and 
except those ports of entry listed below.

         List of Exceptions to Customs Designated Ports of Entry
------------------------------------------------------------------------
                   State                            Port of entry
------------------------------------------------------------------------
[Reserved]................................  [Reserved]
------------------------------------------------------------------------

PART 340--INTRODUCTION OF ORGANISMS AND PRODUCTS ALTERED OR 
PRODUCED THROUGH GENETIC ENGINEERING WHICH ARE PLANT PESTS OR WHICH 
THERE IS REASON TO BELIEVE ARE PLANT PESTS

0
19. The authority citation for part 340 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7 
CFR 2.22, 2.80, and 371.3.


Sec.  340.4  [Amended]

0
20. In Sec.  340.4, paragraph (f)(11)(i) is amended by removing the 
words ``at a port of entry which is designated by an asterisk in 7 CFR 
319.37-14(b);'' and adding the words ``through any USDA plant 
inspection station listed in Sec.  319.37-14 of this chapter;'' in 
their place.


Sec.  340.7  [Amended]

0
21. In Sec.  340.7, the introductory text of paragraph (b) is amended 
by removing the words ``at a port of entry designated

[[Page 43524]]

by an asterisk in 7 CFR 319.37-14(b)'' and adding the words ``through 
any USDA plant inspection station listed in Sec.  319.37-14 of this 
chapter'' in their place.

    Done in Washington, DC, this 30th day of July 2007.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-15124 Filed 8-3-07; 8:45 am]
BILLING CODE 3410-34-P