[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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Rules and Regulations
Federal Register
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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.
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\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.
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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.
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\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.
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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.
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\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).
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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.
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(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
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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