[Federal Register Volume 72, Number 230 (Friday, November 30, 2007)]
[Rules and Regulations]
[Page 67635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23282]



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  Federal Register / Vol. 72, No. 230 / Friday, November 30, 2007 / 
Rules and Regulations  

[[Page 67635]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 03-002-6]
RIN 0579-AC51


Importation of Nursery Stock; Technical Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; technical amendment.

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SUMMARY: In a final rule that was published in the Federal Register on 
August 6, 2007, and effective on September 5, 2007, we amended the 
regulations governing the importation of nursery stock by making 
several changes, including allowing the importation of restricted 
articles in tissue culture medium that is not transparent or 
translucent. It was our intent that the amended regulations only allow 
the use of agar or agar-like tissue culture medium. In this amendment, 
we are amending the regulation to clarify that intent.

EFFECTIVE DATE: November 30, 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

    In a final rule published in the Federal Register on August 6, 
2007, that was effective September 5, 2007 (72 FR 43503-43524, Docket 
No. 03-002-3), we amended the regulations governing the importation of 
nursery stock by making several changes, including allowing the 
importation of restricted articles in tissue culture medium that is not 
transparent or translucent. Before the effective date of the final 
rule, the regulations in paragraph (c) of Sec.  319.37-8 had stated: 
``A restricted article growing solely in agar or in other transparent 
or translucent tissue culture medium may be imported established in 
such growing media.'' The final rule removed the words ``transparent or 
translucent'' from this sentence.
    It was our intent to remove this restriction only for agar-like 
tissue culture media. In the proposed rule and final rule, we indicated 
that bacteria in a tissue culture medium that was not transparent or 
translucent would quickly reproduce and form a large mass that would be 
visible during inspection; such a bacterial mass would only be visible 
in agar-like tissue culture media. Before the final rule became 
effective, the restriction that any tissue culture media other than 
agar must be transparent or translucent had effectively restricted the 
use of tissue culture media other than agar to agar-like tissue culture 
media.
    In removing the requirement that the tissue culture media be 
transparent or translucent, we neglected to specify that any tissue 
culture media other than agar should be similar to agar if a restricted 
article is intended to be imported established in growing media. This 
has created confusion among exporters. Therefore, we are amending 
paragraph (c) of Sec.  319.37-8 to read:
    ``A restricted article growing solely in agar or in other agar-like 
tissue culture medium may be imported established in such growing 
media.''

List of Subjects for 7 CFR Part 319

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


0
Accordingly, we are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

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

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


Sec.  319.37-8  [Amended]

0
2. In Sec.  319.37-8, paragraph (c) is amended by adding the word 
``agar-like'' before the word ``tissue''.

    Done in Washington, DC, this 26th day of November 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E7-23282 Filed 11-29-07; 8:45 am]
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