[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Rules and Regulations]
[Pages 11845-11867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05424]



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 Rules and Regulations
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  Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules 
and Regulations  

[[Page 11845]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 318, 319, 330, 340, 360, and 361

[Docket No. APHIS-2008-0011]
RIN 0579-AD75


Restructuring of Regulations on the Importation of Plants for 
Planting

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are restructuring the regulations governing the importation 
of plants for planting. In the new structure, restrictions on the 
importation of specific types of plants for planting will no longer be 
found in the regulations, but instead will be found in the Plants for 
Planting Manual. We will make changes to the restrictions in the manual 
after taking public comment through notices published in the Federal 
Register. As part of this restructuring, we are grouping together 
restrictions in the plants for planting regulations that apply to the 
importation of most or all plants for planting, and we are adding 
general requirements for the development of integrated pest risk 
management measures that we may use to mitigate the risk associated 
with the importation of a specific type of plants for planting. We are 
also amending our foreign quarantine regulations to remove various 
provisions regarding the importation of specific types of plants for 
planting that are not currently subject to the general plants for 
planting regulations; these provisions will also be found in the Plants 
for Planting Manual. This action does not make any major changes to the 
restrictions that currently apply to the importation of plants for 
planting. These changes will make restrictions on the importation of 
specific types of plants for planting easier for readers to find and 
less cumbersome for us to change.

DATES: Effective April 18, 2018.

FOR FURTHER INFORMATION CONTACT: Dr. Shailaja Rabindran, Assistant 
Director, Plants for Planting Policy, PPQ, APHIS, 4700 River Road, Unit 
133, Riverdale, MD 20737; (301) 851-2167.

SUPPLEMENTARY INFORMATION: 

Background

    Under the Plant Protection Act (7 U.S.C. 7701 et seq.), the 
Secretary of Agriculture is authorized to take such actions as may be 
necessary to prevent the introduction and spread of plant pests and 
noxious weeds within the United States. The Secretary has delegated 
this authority to the Administrator of the Animal and Plant Health 
Inspection Service (APHIS).
    The regulations in 7 CFR part 319 prohibit or restrict the 
importation of plants and plant products into the United States to 
prevent the introduction of plant pests that are not already 
established in the United States or plant pests that may be established 
but are under the official control of an eradication or containment 
program.
    The regulations in ``Subpart--Plants for Planting,'' Sec. Sec.  
319.37 through 319.37-14 (referred to below as the regulations), 
restrict the importation of plants for planting. The term plants for 
planting is defined in Sec.  319.37-1 as ``plants intended to remain 
planted, to be planted or replanted.'' Plant is defined in that section 
as ``any plant (including any plant part) 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.''
    On April 25, 2013, we published in the Federal Register (78 FR 
24634-24663, Docket No. APHIS-2008-0011) a proposal \1\ to revise the 
plants for planting regulations and make several related changes to the 
foreign quarantine notices in 7 CFR part 319. Briefly, we proposed to 
do the following:
---------------------------------------------------------------------------

    \1\ To view the proposed rule, extensions of comment period, 
supporting document, and the comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2008-0011.
---------------------------------------------------------------------------

     Remove provisions from other subparts in 7 CFR part 319 
that regulate the importation of plants for planting and thus 
consolidate the requirements for importation of all plants for planting 
under the plants for planting regulations.
     Add most of the plants for planting that are listed as 
prohibited in Sec.  319.37-2(a) to the list of plants for planting 
whose importation is not authorized pending pest risk analysis (NAPPRA) 
in accordance with current Sec.  319.37-2a. We proposed to characterize 
the other prohibitions as restrictions, rather than prohibitions, and 
to list them as such in the Plants for Planting Manual. This manual is 
currently used by importers and inspectors as a reference regarding 
restrictions on the importation of plants for planting.
     Within the plants for planting regulations, group together 
the requirements that apply to the importation of all or most plants 
for planting.
     Move restrictions on the importation of specific types of 
plants for planting from the regulations to the Plants for Planting 
Manual. We proposed to revise how we change these restrictions. We 
proposed to publish a notice in the Federal Register announcing our 
determination that it is necessary to add, change, or remove 
restrictions on the importation of a specific type of plants for 
planting and make available a document describing those restrictions 
and why they are necessary. We would allow for public comment on the 
notice and the document it makes available. We would then respond to 
any comments we receive in a second notice published in the Federal 
Register, and implement the restrictions if our determination remains 
unchanged.
     Remove several lists of approved items (for example, the 
lists of approved growing media, packing materials, and ports of entry) 
from the regulations and instead provide these lists to the public in 
the Plants for Planting Manual. We proposed to update these lists, when 
necessary, using the same double-notice process we are proposing to use 
to update restrictions on the importation of specific types of plants 
for planting.
     Establish a framework for the use of integrated pest risk 
management measures (IPRMM) in the production of specific types of 
plants for planting for importation into the United States, when the 
pest risk associated with the importation of a type of plants for

[[Page 11846]]

planting can only be addressed through the use of integrated measures.
     Make several minor changes to the regulations to improve 
their clarity and reflect current program operations.
    We did not propose to make major changes to the restrictions that 
currently apply to the importation of plants for planting. The proposal 
was directed towards making the regulations easier to use and to 
implement.
    Comments on the proposed rule were required to be received on or 
before June 24, 2013. We reopened and extended the deadline for 
comments until September 10, 2013, in a document published in the 
Federal Register on July 12, 2013 (78 FR 41866-41867, Docket No. APHIS-
2008-0011). We reopened and extended the deadline for comments a second 
time, until January 30, 2014, in a document published in the Federal 
Register on December 31, 2013 (78 FR 79636-79637, Docket No. APHIS-
2008-0011). In the latter document, we asked specifically for comments 
regarding whether to base the framework for the use of IPRMM on 
regional or international standards. We also asked for specific 
comments regarding the risk posed when plant brokers purchase and move 
plants for planting after they leave their place of production and 
before they are exported to the United States.
    We received 17 comments by the January 30, 2014, close of the 
comment period. They were from producer organizations, State 
departments of agriculture, a foreign national plant protection 
organization, an environmental protection organization, and private 
citizens. They are discussed below by topic.

Scope of the Proposed Rule

    Two commenters expressed concern about the length and complexity of 
the proposed rule, stating that it should have been broken into 
separate, smaller regulatory actions.
    Many of the changes in the proposed rule were dependent on each 
other, and making one or two at a time would have left the regulations 
in an unsettled state. In addition, proposing the changes in separate 
chunks would have made the overall process of restructuring the 
regulations take much longer.

Plants for Planting Manual

    One commenter stated that the updated Plants for Planting Manual 
should be made available for review prior to the publication of the 
final rule.
    We will make the updated manual available upon the effective date 
of the final rule. Making it available earlier, when the final rule is 
not effective and the current version of the manual is still in use, 
could create confusion.
    Another commenter stated that navigation of and access to the 
manual should be as open and easy as possible, and that stakeholders 
should be notified of changes.
    We agree. As part of this regulatory process, we have undertaken a 
wholesale revision of the Plants for Planting Manual to make it easier 
to use. The new version of the manual will be maintained at https://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/plants_for_planting.pdf. Stakeholders can keep abreast of updates to 
the Plants for Planting Manual through the APHIS Stakeholder Registry; 
interested parties can sign up for email notifications at https://public.govdelivery.com/accounts/USDAAPHIS/subscriber/new. Finally, 
whenever we determine that we need to add, change, or remove 
phytosanitary restrictions in the Plants for Planting Manual to address 
the risk posed by imported plants for planting, we will publish a 
notice in the Federal Register requesting public comment.

Consolidation of Plants for Planting Provisions

    We proposed to move provisions from other subparts in 7 CFR part 
319 that regulate the importation of plants for planting and 
consolidate all requirements for importation of plants for planting in 
a single location.
    One commenter requested clarification on whether we were limiting 
the plants for planting regulations to cover only some plants for 
planting, or whether we were clarifying that plants for planting rules 
do not apply to plants not for planting.
    We are neither limiting the plants for planting regulations nor 
clarifying as the commenter suggests, but rather making sure that all 
plants for planting are imported in accordance with the plants for 
planting regulations. Subparts of 7 CFR part 319 not specifically about 
plants for planting had contained some provisions regulating plants for 
planting. For example, the sugarcane regulations in Sec.  319.15 
regulate the importation of all sugarcane plants and plant parts, 
whether they are for planting or not.
    We proposed to remove provisions in those other subparts that 
applied to plants for planting and put them in the Plants for Planting 
Manual or to change those subparts to explicitly indicate that they did 
not apply to plants for planting, when applicable. For example, we 
proposed to amend the subpart regulating the importation of cut flowers 
in 7 CFR part 319 to explicitly indicate that such flowers must not be 
for planting.
    One commenter stated that inspectors should keep the possibility of 
planting in mind when conducting inspections.
    We agree. The definition of plant in this final rule includes any 
plant or plant part that is capable of propagation. This definition 
affords our inspectors discretion to determine whether a plant or plant 
part that is capable of propagation and offered for importation should 
be considered a plant for planting.

Definitions

    We proposed to retain many of the current definitions in Sec.  
319.37-1 and add a few new ones. We received comments on three of these 
definitions.
    The definition of from specifies that an article is considered to 
be ``from'' any country or locality where it was grown, with exceptions 
for articles imported to Canada and subsequently re-exported to the 
United States under certain conditions. These conditions are specified 
in subparagraphs (1) through (4) of the definition. We proposed to 
change the terminology in the definition to reflect the proposal but 
did not propose any substantive modifications.
    One commenter asked that we further clarify current subparagraph 
(3) in the definition of from. Under this subparagraph, to be 
considered from Canada, an article must not have been grown in a 
country or locality which would subject it to postentry quarantine in 
the United States, unless it was grown in Canada under equivalent 
postentry quarantine conditions. The commenter understood this 
provision to mean that such articles would be subject to two post-entry 
quarantines, one in Canada following importation from the country in 
which it was grown, the other in the United States following 
importation from Canada. The commenter stated that if Canada and the 
United States fully harmonize their postentry quarantine requirements, 
the article should be allowed to be imported directly from Canada into 
the United States, without a second postentry quarantine.
    We agree. Should such harmonization occur, we will initiate 
rulemaking accordingly.
    With respect to current paragraph (4) in the definition of from, 
which requires plants for planting to not be imported in growing media 
in order to be considered ``from'' Canada, another commenter stated 
that we should allow the importation of plants for planting produced in 
APHIS programs for the importation of plants in growing media but 
imported into Canada before

[[Page 11847]]

movement to the United States to be considered ``from'' Canada.
    We understand the commenter to be referring to plants in growing 
media that are produced in one of two manners: Either (1), the plants 
have been grown in the United States, exported to Canada for finishing, 
then subsequently offered for importation back into the United States, 
or (2), the plants have been produced in a third country under 
conditions that would make the articles eligible for importation into 
the United States, exported to Canada, then subsequently offered for 
importation into the United States. With regard to the first class of 
articles, we are currently in discussions with the national plant 
protection organization (NPPO) of Canada regarding the importation of 
such articles into the United States, and will take appropriate follow-
up action based on this dialogue.
    With regard to the second class of articles, our evaluation will be 
on a case-by-case basis based on the safeguards applied to the articles 
within Canada.
    We proposed to establish a new definition of the term place of 
production. The proposed definition indicated that the term may include 
``a production site that is separately managed for phytosanitary 
purposes.'' One commenter stated that we should modify this definition 
to be consistent with the definition in International Plant Protection 
Convention's (IPPC) Glossary of Phytosanitary Terms,\2\ which refers to 
multiple production sites.
---------------------------------------------------------------------------

    \2\ International Standard for Phytosanitary Measures (ISPM) No. 
5. To view this and other ISPMs on the internet, go to http://www.ippc.int/ and click on the ``Adopted Standards'' link under the 
``Core activities'' heading.
---------------------------------------------------------------------------

    We based our proposed definition on the IPPC definition; the 
inconsistency was inadvertent. We have corrected the definition in this 
final rule.
    We proposed to define plants for planting as: ``Regulated plants 
(including any plant parts) that are for planting or capable of being 
planted.'' This proposed definition differs from the IPPC definition of 
that term. One commenter suggested that IPPC signatories, such as the 
United States, should use the IPPC definitions, or submit proposed 
revisions to those definitions to the IPPC.
    Although we intended to use a version of the definition of plants 
for planting not substantively different from the IPPC's, the 
definition in our proposed rule did not include the intended use of the 
article. After reviewing our proposed definition in light of the 
commenter's concerns, we determined that the IPPC definition, ``plants 
intended to remain planted, to be planted, or replanted,'' emphasizes 
the intended use of the article, and that this is an important 
distinction. Intended use has long played a role in our determining 
whether a specific article is a plant for planting; for example, it is 
our basis for determining whether to regulate a commercial consignment 
of potato tubers, which are articles capable of propagation, as plants 
for planting. Accordingly, in this final rule, we have decided to use 
the IPPC definition of plants for planting, which had been in the 
previous regulations.

Moving Prohibited Taxa to the NAPPRA Category

    In Sec.  319.37-2 of the regulations, paragraphs (a) and (b) 
currently list several taxa of plants for planting as prohibited. We 
proposed to remove these lists from the regulations and add most of 
these taxa to the NAPPRA lists.
    One commenter asked for clarification on what plants or groups of 
prohibited plants would not be added to the NAPPRA lists.
    The NAPPRA category lists taxa of plants for planting that are not 
authorized for importation pending pest risk analysis, as well as the 
parts of those plants that are subject to NAPPRA. We proposed to add 
those taxa listed in Sec.  319.37-2 as prohibited articles to the 
NAPPRA list if they were listed in Sec.  319.37-2 without any 
additional conditions. Some of the prohibited taxa in Sec.  319.37-2 
had additional conditions regarding their prohibited status, e.g., the 
articles were prohibited importation only if they were a certain size 
or age, or only if they were imported in pulp. Those prohibitions can 
more accurately be characterized as restrictions on the importation of 
plants for planting, rather than outright prohibitions. Accordingly, we 
are characterizing them as such and moving the restrictions to the 
Plants for Planting Manual.
    One commenter asked how the proposal to add the prohibited taxa to 
the NAPPRA list would affect any pest risk analyses (PRAs) that had 
been done for the taxa. Another asked why we chose to add the 
prohibited taxa to the NAPPRA category given that PRAs have presumably 
already been done for these plants, and their pest risk considered such 
that we prohibited their importation into the United States.
    To answer the former commenter, any new PRAs conducted regarding 
taxa on the NAPPRA list supersede previously conducted PRAs.
    To answer the latter commenter, although pest risk information led 
us to prohibit the importation of the taxa listed in Sec.  319.37-2, 
this information may change. For example, a foreign country may 
undertake eradication efforts to combat a particular pest, or new 
measures may become available to mitigate the risk associated with the 
pest. Additionally, the quarantine significance of a particular pest 
may be reevaluated based on new scientific information, or the 
introduction and dissemination of that pest within the United States. 
Adding the prohibited taxa to the NAPPRA category allows us to 
reexamine the risk in light of these possible changes.
    Rather than simply add the current prohibited taxa to the NAPPRA 
category, one commenter asked that we propose to add the taxa to the 
NAPPRA category through an additional regulatory action and opportunity 
for public comment.
    We do not believe it would be appropriate or necessary to request 
additional public comment on the addition of prohibited taxa to the 
NAPPRA list. When we added those taxa to the prohibited list based on 
their quarantine pest risk, we took public comment through the 
rulemaking process. Additionally, we afforded the public an opportunity 
to comment on the addition of the taxa to the NAPPRA list during the 
comment period associated with the proposed rule.
    One commenter asked where information about the taxa of plants for 
planting that are NAPPRA would be found. Specifically, the commenter 
asked whether the information would be maintained both on the Plants 
for Planting website and in the Plants for Planting Manual.
    The information will be maintained solely in the Plants for 
Planting Manual; the Plants for Planting website will indicate this and 
link to the manual. Maintaining the list in two different places could 
result in discrepancies between the two lists. We have reformatted the 
lists based on this decision to move them to the Plants for Planting 
Manual.
    Previously, we had maintained two NAPPRA lists on the internet, one 
of taxa that we have determined to be quarantine pests and another of 
taxa that we have determined to be hosts of a quarantine pest. In 
adding the NAPPRA taxa to the Plants for Planting Manual, however, we 
discovered that a clearer and more user-friendly format was simply to 
list all NAPPRA taxa alphabetically in one list. As such, we have made 
a slight change to proposed paragraph (a) of Sec.  319.37-4. The 
paragraph had stated that there are two lists of NAPPRA plants for 
planting. It

[[Page 11848]]

now indicates that there are two categories of NAPPRA plants for 
planting.

Permits

    We proposed to move the current permit requirements from Sec.  
319.37-3 to Sec.  319.37-5 and make a few changes. One of the changes 
we proposed was to change how the current permit requirements are 
presented. Rather than indicate which lots of plants for planting must 
be imported with a permit, we proposed to indicate that all lots of 
plants for planting must be imported with a permit, with exceptions 
listed in the Plants for Planting Manual.
    One commenter stated that the new proposal appeared to require 
permits for all plants, while the previous regulations exempted lots of 
13 or fewer plants. The commenter requested further explanation and the 
opportunity for public comment on this change. Another commenter 
supported what the commenter believed was our proposal to require 
permits for lots containing 12 or fewer plants. The regulations 
exempted, among other things, lots of 13 or more plants from the permit 
requirement if they are composed of seeds of herbaceous plants, 
precleared bulbs of a taxon approved by APHIS for preclearance, or 
sterile cultures of orchid plants. One commenter stated that bulbs 
should not be required to be accompanied by a permit, and asked us to 
confirm that existing bulb import programs (which do not involve the 
issuance of permits) would remain in place.
    We did not propose to remove or otherwise alter any exemptions from 
permitting for plants for planting. We merely proposed to move the 
exemptions from the regulations to the Plants for Planting Manual. We 
believe the Plants for Planting Manual affords us an opportunity to 
present the exemptions more clearly, and in a manner that is more 
accessible to the general public.
    The requirement that lots of 13 or more plants be accompanied by a 
permit also exempted lots of any size if they were from Canada. One 
commenter asked whether we should continue to allow plants to be 
imported from Canada without a permit, as this could leave a 
substantial gap in our information about what plants we import and 
where they are from. The commenter noted that 95 percent of imported 
woody shrubs and trees come from Canada.
    The exemption is long-standing and has not resulted in the 
introduction of quarantine plant pests into the United States. Removing 
it in the absence of demonstrable quarantine plant pest risk is not 
justified.
    One commenter stated that the new regulations should reflect the 
adoption of controlled import permits (CIP).
    We agree. After the proposed rule to revise the plants for planting 
regulations was published, we published a final rule on May 2, 2013 (78 
FR 25565-25572, Docket No. APHIS-2008-0055) establishing provisions in 
a new Sec.  319.6 for the issuance of CIPs for articles otherwise 
prohibited or restricted from importation, including plants for 
planting. The May 2013 final rule made several changes to the plants 
for planting regulations as part of establishing the CIP provisions. We 
are incorporating most of those changes into the revision of the plants 
for planting regulations in this final rule, and have made 
corresponding changes to proposed Sec. Sec.  319.37-1, 319.37-4, 
319.37-5, and 319.37-23.
    We are not incorporating one provision of the final rule that 
implemented CIPs, which required plants for planting imported into 
postentry quarantine to be accompanied by a CIP. When we implemented 
that final rule, we discovered that it had inadvertently changed the 
regulatory status of plants for planting that are subject to postentry 
quarantine from restricted articles to prohibited articles. This caused 
significant confusion among stakeholders, and had the unintended effect 
of significantly restructuring our postentry quarantine programs by 
exempting plants for planting intended for postentry quarantine from 
the general requirements of the regulations. As a result, 
operationally, we have not required CIPs for plants for planting 
intended for postentry quarantine for several years.
    One commenter made the general comment that permits should only be 
required when the importation of the plant is prohibited or allowed 
under certain prescribed conditions. For other plants for planting that 
are allowed entry, import requirements should be communicated in a 
general manner to exporting countries to allow NPPOs to process and 
distribute the information to their inspectors as well as their 
stakeholders.
    When we consider the plant pest risk associated with the 
importation of plants for planting, we must consider both the risk 
posed by the articles and the risk posed by the person importing the 
articles. Requiring prospective importers to apply for a permit allows 
us to deny or revoke permits to applicants who have failed to honor 
APHIS plant import regulations in the past or who otherwise appear to 
pose a risk of noncompliance. We discuss this at greater length in a 
final rule that we published in the Federal Register (79 FR 19805-
19812, Docket No. APHIS-2011-0085) on April 10, 2014. That rule 
amended, among other things, the conditions under which plants for 
planting permit applications are denied within APHIS.
    On a related matter, the April 2014 rule also amended the 
conditions under which plants for planting permits are revoked within 
APHIS. Those amended conditions are retained in this final rule.

Phytosanitary Certificates

    We proposed to move the requirements for phytosanitary certificates 
from Sec.  319.37-4 to Sec.  319.37-6. In moving them, we proposed to 
remove three paragraphs in current Sec.  319.37-4 that describe 
programs under which a phytosanitary certificate is not required, and 
replace them with general standards that encompass these three current 
programs and allow for the development of future programs. 
Specifically, we proposed to state that that the Administrator may 
authorize the importation of some types of plants for planting without 
a phytosanitary certificate if the plants for planting are accompanied 
by equivalent documentation agreed upon by the Administrator and the 
NPPO of the exporting country as sufficient to establish the origin, 
identity, and quarantine pest status of the plants.
    One commenter stated that the requirement to identify place of 
origin on documentation that substitutes for a phytosanitary 
certificate would be unworkable in the context of the Canadian 
greenhouse certification program, which had been set out in paragraph 
(c) of Sec.  319.37-4. The commenter pointed out that, under that 
program, Canadian producers were not currently required to document the 
origin of the plants exported under this program. Implementing this 
change, the commenter stated, would create a new administrative burden 
for program participants.
    It was not our intention to create new burdens for participants in 
this program, but rather to put in place general language that could 
encompass all the current and future programs under which phytosanitary 
certificates are not required.
    In this final rule, we are changing proposed Sec.  319.37-6 to 
indicate that the Administrator may authorize the importation of types 
of plants for planting without a phytosanitary certificate if the 
plants for planting are accompanied by equivalent

[[Page 11849]]

documentation agreed upon by the Administrator and the NPPO of the 
exporting country as sufficient to establish the eligibility of the 
plants for importation into the United States. We believe this will 
accommodate the Canadian greenhouse-grown plant program and address the 
commenter's concern.

Marking and Identity

    We proposed to move Sec.  319.37-10, which contained requirements 
for marking and identity of imported plants for planting, to proposed 
Sec.  319.37-7 and make minor changes to it.
    One commenter noted that proposed Sec.  319.37-7(a) would require 
any imported plants for planting to be marked with the number of the 
written permit authorizing the importation, if one was required. The 
commenter stated that it was unclear whether every individual plant 
would have to be marked or if the mark applied to the whole consignment 
of plants. The commenter expressed concern about the administrative 
burden that would result if each individual plant were required to be 
marked, and asked for clarification.
    We intend for each consignment of plants for planting to be marked 
with the permit number, not each individual plant. We have changed the 
text of Sec.  319.37-7 to reflect this.
    One commenter stated that some requirements in the section appeared 
to be new. The commenter recommended that the requirements be moved to 
the Plants for Planting Manual, since they are modified by the ports 
from time to time, in recognition of changing trade and shipping 
patterns and to improve the inspection process.
    Except for some terminology changes, the requirements in proposed 
Sec.  319.37-7 were identical to current Sec.  319.37-10, which has 
been in place for decades. We are not aware of these requirements being 
modified at the ports of entry; they represent a minimum amount of 
information that should be conveyed about every consignment of plants 
for planting for the purposes of identification and, if a pest is found 
at port-of-entry inspection, for traceback.

Ports of Entry

    The regulations governing ports of entry for imported plants for 
planting were found in Sec.  319.37-14. We proposed to move them to 
Sec.  319.37-8 and make some changes. The regulations had stated that 
any regulated article required to be imported under a written permit 
pursuant to Sec.  319.37-3(a)(1) through (6) must be imported or 
offered for importation at a U.S. Department of Agriculture (USDA) 
plant inspection station. We proposed to indicate instead that any 
plants for planting required to be imported under a written permit 
pursuant to proposed Sec.  319.37-5(a), if not precleared, may be 
imported or offered for importation only at a USDA plant inspection 
station listed in the Plants for Planting Manual.
    One commenter noted that the proposed provision did not precisely 
parallel the previous regulations, in that the current language only 
requires certain plants for planting that must be imported under a 
written permit to enter at a USDA plant inspection station, while the 
proposed language would have required all plants for planting that must 
be accompanied by a permit to enter at a USDA plant inspection station. 
The commenter stated that the revised regulations should be consistent 
with the previous regulations.
    We agree with the commenter. We had intended to propose language 
substantively identical to the scope of the previous requirements, 
which had required plants for planting that must be imported under a 
written permit, if not precleared, to be imported or offered for 
importation only at a plant inspection station, with limited 
exceptions. Our intent was not to remove any of these exceptions.
    Accordingly, we have revised the proposed language to state that 
any plants for planting required to be imported under a written permit 
in accordance with Sec.  319.37-5(a), if not precleared, must be 
imported or offered for importation only at a plant inspection station, 
unless the Plants for Planting Manual indicates otherwise. The Plants 
for Planting Manual will list the conditions under which an imported 
plant for planting does not have to be offered for importation at a 
plant inspection station. This change will preserve the status quo 
while allowing more flexibility to change these conditions in the 
future should a change be warranted.

Growing Media

    Proposed Sec.  319.37-10 set out requirements for the importation 
of plants for planting in growing media. It was based on previous Sec.  
319.37-8, but we proposed to revise the current regulations to move 
restrictions on the importation of specific types of plants for 
planting from the regulations to the Plants for Planting Manual and to 
add a notice-based process for updating the list of approved growing 
media.
    One commenter expressed concern that our proposed regulations did 
not specifically allow the importation of plants for planting grown in 
agar or agar-like tissue culture medium. The commenter asked us to 
confirm that no new restrictions are part of this revision with respect 
to plants for planting that are currently allowed into the United 
States in agar or agar-like growing media.
    We did not propose to make any changes to the current provisions 
regarding the importation of plants for planting in agar or agar-like 
growing media; we simply proposed to move them to the Plants for 
Planting Manual.
    One commenter asked that we change the current restrictions to 
allow the importation of tissue culture plants that have been produced 
in completely sterile conditions but are contained in sterile peat, 
rather than in transparent agar or other tissue culture media.
    As we did not propose to make any changes to the current 
restrictions on the importation of plants for planting in growing 
media, making such a change would be outside the scope of this final 
rule. However, the changes we are making in this final rule will allow 
for more timely addition of this exemption to the Plants for Planting 
Manual, should we determine that the requested change is warranted.

Streamlined Process for Changes To Import Restrictions

    Several commenters had questions about the streamlined process we 
proposed in Sec.  319.37-20 for making changes to the Plants for 
Planting Manual.
    One commenter asked to confirm that the process will apply to 
requests from foreign trading partners seeking to export new types of 
plants for planting in growing media to the United States.
    The process will be used to make all changes to the restrictions on 
the importation of specific types of plants for planting, including 
importation of any specific type of plants for planting in growing 
media.
    One commenter expressed concern regarding whether changes to the 
Plants for Planting Manual would be readily evident to stakeholders. 
The commenter also asked that sufficient time be provided for comments 
from stakeholders, and inquired whether there will be additional 
notification through the PPQ Stakeholder Registry to advise 
stakeholders of changes. Another commenter stated that it is the 
commenter's understanding that the comment period will typically be 60 
days.
    The second commenter is correct. We will typically provide for a 
comment period of 60 days on notices to change restrictions in the 
Plants for Planting Manual, and we have the option of

[[Page 11850]]

extending the comment period upon request. We will provide notice of 
all changes we propose and all changes we make to the Plants for 
Planting Manual through the Stakeholder Registry.
    One commenter expressed concern that making it easier to propose to 
change the requirements for importing specific types of plants for 
planting could result in a very large number of proposals being posted 
at one time, overwhelming a stakeholder's resources to respond by 
posted deadlines. The commenter asked how the process will be managed 
to facilitate stakeholder input.
    Stakeholders will still have the opportunity to submit comments on 
proposed changes. Making the restrictions on the importation of 
planting for planting easier to update may result in more updates, but 
we hope that they will also be smaller in scope than our periodic 
amendments to the regulations have been. Wherever possible, we will 
avoid requesting comment on many actions at once. We also have the 
option of extending comment periods if stakeholders indicate they are 
unable to provide input on any changes within the initial comment 
period.

Integrated Pest Risk Management Measures

    We proposed to set out a framework for the development of 
integrated pest risk management measures (IPRMM) for the importation of 
plants for planting in Sec.  319.37-21. The framework covered pest 
management and traceability at the place of production; administration 
of the program by APHIS and the NPPO of the supporting country; the 
responsibilities of plant brokers; audits of the program; and actions 
to take in case of noncompliance.
    In the past, we have referred to these programs as ``systems 
approaches.'' We stated in the proposed rule that the term ``integrated 
pest risk management measures'' in the plants for planting regulations 
is consistent with the North American Plant Protection Organization's 
(NAPPO) Regional Standard for Phytosanitary Measures (RSPM) No. 24 and 
ISPM No. 36 and industry terminology. The term also emphasizes the fact 
that such programs involve multiple measures, each of which plays a 
necessary part for a comprehensive approach to managing pest risk.
    One commenter stated that IPRMM were not defined as being composed 
of multiple separate measures that act synergistically to mitigate 
plant pest risk. The commenter stated that the elements of separate 
action and synergistic effects have long been a foundational principle 
of systems approaches. The commenter asked that we state explicitly in 
the regulations that the agency will incorporate the elements of 
separate action and synergistic effects into its requirements for 
integrated pest risk management programs.
    In an IPRMM, every measure may be necessary to prevent the plants 
from being infested by a particular pest, rather than the measures 
having separate, synergistic effects as in a classic systems approach. 
The program for production of Pelargonium and Solanum spp. free of 
Ralstonia solanacearum race 3 biovar 2, which had been specified in 
Sec.  319.37-5(r)(3) of the plants for planting regulations, is an 
example of an IPRMM; each of the production practices in the paragraph 
must be followed or there will be a significant risk of introduction of 
the pathogen into the production site. Therefore, although some IPRMM 
are likely to incorporate the effects of separate action and 
synergistic effects, it would be inappropriate to state that we will 
incorporate these into every IPRMM. However, where we can achieve such 
effects, we will consider them as we design our programs.
    The proposed rule stated that we would require plants for planting 
to be imported in accordance with IPRMM when appropriate. Several 
commenters asked for further information about when we might consider 
IPRMM appropriate for the importation of plants for planting and 
whether we would require them for every type of imported plants for 
planting, or if there would be exceptions. One commenter asked whether 
certain host/pest associations would be subject to IPRMM, and stated 
that they seemed to be most valuable for asymptomatic, cryptic, or 
seasonally symptomatic pests and pathogens.
    Other commenters made recommendations about when we should employ 
such measures. One stated that they should be employed for all plants 
for planting to maintain a high level of protection. Two commenters 
stated that other mitigation strategies may be appropriate, depending 
on the circumstances.
    We did not intend that IPRMM would be used for all imported plants 
for planting. Such measures, properly implemented, can provide a high 
level of protection against pests that are otherwise difficult to 
detect or that pose a high risk. However, an IPRMM approach is not 
necessary for all types of imported plants for planting. For plants for 
planting covered by the inspection and certification program that had 
been found in Sec.  319.37-5(a), for example, a simple inspection is 
sufficient to assure freedom from quarantine pests.
    Our goal is to establish the least restrictive measures for the 
importation of plants for planting that will prevent the introduction 
of quarantine pests into the United States. The IPRMM framework 
described in proposed Sec.  319.37-21 is a means to achieve that goal, 
but it will not be the only means we use.
    In response to these comments, we have changed the introductory 
text of proposed Sec.  319.37-21 to indicate that IPRMM will be 
developed when such measures are necessary to mitigate risk.
    We stated in the proposed rule that our IPRMM framework was based 
on RSPM No. 24 and was consistent with the IPPC's ISPM No. 36, both of 
which address plants for planting.
    One commenter supported basing our proposed measures on RSPM No. 
24. Other commenters stated that they should be based on ISPM No. 36. 
Those commenters stated that using the international standard would 
make it easier for growers and exporters to adopt and meet a single 
standard that is applied globally. They also favored the approach of 
ISPM No. 36, which incorporates some general baseline measures for 
growing plants for planting and offers the ability to develop pest-
specific measures should they prove necessary. One of these commenters 
stated that the RSPM is far more specific in its requirements than the 
ISPM, and that the specificity is not appropriate and will not 
encourage participation. The minimal components that are part of the 
general standards in the ISPM, this commenter stated, would encourage 
producers to adopt the measures; the RSPM has the potential to be 
complex and burdensome on growers.
    We believe that some of these comments may have arisen from 
confusion about the applicability of IPRMM. We would only require 
plants for planting to be imported under these measures if the risk 
warrants it; these will not be general requirements for exporting 
plants for planting to the United States.
    In that sense, our regulatory approach is similar to that of ISPM 
No. 36. As revised by this final rule, the regulations will contain 
general standards for the importation of plants for planting, and 
restrictions on the importation of specific types of plants for 
planting will be found in the Plants for Planting Manual. The framework 
in Sec.  319.37-21 is simply one way we plan to address the risks 
associated with specific types of imported plants for planting.

[[Page 11851]]

    One commenter noted that the NAPPO Plants for Planting Panel that 
authored RSPM No. 24 subsequently compared the NAPPO and IPPC standards 
and recommended the following: ``In light of the many similarities with 
ISPM 36, maintaining RSPM 24 may well cause confusion for NAPPO 
countries trying to implement both standards and [we recommend] that 
RSPM 24 not be maintained.''
    The quote provided by the commenter is correct. However, the 
comparison document was not the final word from NAPPO but was intended 
to be the subject of further discussion. In fact, NAPPO made the 
decision to maintain RSPM No. 24, incorporating references to ISPM No. 
36.\3\ The RSPM was most recently revised in August 2013. As the 
document noted, the two standards are very similar, but the NAPPO 
Plants for Planting Panel concluded that the differences were 
significant enough to maintain two separate standards.
---------------------------------------------------------------------------

    \3\ See http://www.nappo.org/files/3414/3895/8942/RSPM24-Revision-01-08-13-e.pdf for a discussion.
---------------------------------------------------------------------------

    One commenter stated that we should pilot ISPM No. 36 with high-
volume plants for planting trading partners as the first step in 
reducing the largely unmitigated risks of such trade.
    As stated earlier, we only intend to require IPRMM in response to 
an identified pest risk. However, we believe the general practices in 
ISPM No. 36 are baseline practices for anyone who wishes to maintain a 
successful plants for planting production facility.
    One commenter stated that we should indicate in the regulations 
that we will rely on the Annex to ISPM No. 36 when evaluating pest risk 
and on section 2.2.1.2 and Appendix 1 to the standard in developing 
mitigation measures.
    We do not believe specific references in the regulations to these 
sections of ISPM No. 36 are necessary. As a signatory to the IPPC, we 
are committed to taking actions that are consistent with any relevant 
ISPMs. In addition, the specific sections of the ISPM may change or be 
removed, meaning we would have to change our regulations to reflect 
that. One goal of this rulemaking is to reduce the number of changes we 
have to make to keep the regulations current so including references to 
specific sections of the ISPM would be counterproductive.
    One commenter noted two differences between ISPM No. 36 and RSPM 
No. 24:
     ISPM No. 36 does not exclude plants as pests, while RSPM 
No. 24 does.
     ISPM No. 36 excludes seeds from consideration, while RSPM 
No. 24 does not.
    The commenter expressed openness to including plants as pests in 
IPRMM, and felt that seeds should be excluded.
    The aim of IPRMM is to prevent the introduction of quarantine pests 
via the importation of plants for planting. A plant that was itself a 
quarantine pest could not have measures applied to it to prevent it 
from being a quarantine pest, meaning that it is appropriate to exclude 
pest plants from IPRMM. However, if we identify a seed-borne pathogen 
as a pest, we may need to develop IPRMM to ensure that the pathogen is 
not present in imported seed. Therefore, we are making no changes in 
response to these comments.
    One commenter encouraged us to implement IPRMM so that any 
enterable type of plants for planting grown under those measures will 
also be allowed entry into the United States in approved growing media. 
The commenter pointed out that it is currently our policy to conduct 
pest risk assessments each time a country requests authorization to 
import a taxon of plants for planting in approved growing media into 
the United States, even if the same taxon is already authorized 
importation into the United States, if it is bare-rooted. The commenter 
stated that, after the final rule has been published, a pest risk 
assessment for every new plant and growing media combination should not 
be a mandatory requirement anymore, and that instead an approved IPRMM 
system will allow a currently enterable plant to be imported in growing 
media.
    As plants in growing media pose different risks than plants not in 
growing media, we will continue to consider the risk they pose 
separately. We would need to identify the pests that could be 
introduced in growing media and develop separate mitigations for them, 
as we do now. However, we are open to the possibility of IPRMM for 
plants in growing media that could address all types of quarantine 
pests that could be associated with a type of plants for planting.
    One commenter asked us to establish clear criteria for the approval 
of IPRMM so that the NPPO of an exporting country, along with the 
NPPO's stakeholders, can evaluate whether a proposed use of IPRMM will 
be feasible. The commenter noted that the proposed rule did not specify 
a timeframe for the approval process for IPRMM.
    We will develop IPRMM in consultation with foreign NPPOs that 
desire to export plants for planting to the United States. We do not 
want to put in place requirements that an exporting country cannot 
meet; where difficulties arise, we will work with exporting countries 
to find equivalent mitigations. The framework for IPRMM is open to the 
use of any means to effectively mitigate the pest risk, as it allows 
places of production and NPPOs to come up with pest management plans 
for their facilities.
    As with our other programs for importation of plants and plant 
products, the time necessary to develop and approve a set of IPRMM will 
vary with the number of pests that must be mitigated and the complexity 
of the mitigations that are necessary.
    One commenter stated that the current regulations for importation 
of plants in growing media in Sec.  319.37-8 require that APHIS and the 
NPPO of the exporting country establish a written agreement for 
enforcement of the regulations, which is reflected through a bilateral 
workplan. The commenter asked whether the workplans would be replaced 
by IPRMM or would continue to exist in parallel with such measures.
    We are not making any changes to our existing use of workplans to 
help implement the plants for planting regulations. When we develop 
IPRMM, it is likely that a workplan will be necessary to implement 
them.
    Paragraph (a) of proposed Sec.  319.37-21 describes the 
responsibilities of the place of production. It refers to documentation 
required under proposed paragraph (a)(5), which required documentation 
of program procedures being maintained by the place of production and 
available to the NPPO of the exporting country and APHIS upon request.
    One commenter suggested that this reference should be to proposed 
paragraph (a)(6), which requires recordkeeping, rather than (a)(5).
    We believe the documentation of program procedures maintained by 
places of production should be available to the NPPO of the exporting 
country and APHIS, but so should records required under paragraph 
(a)(6), as the commenter suggests. In this final rule, the reference 
includes both paragraphs.
    Paragraph (a)(4) of proposed Sec.  319.37-21 set out requirements 
for approved places of production to maintain traceability. We proposed 
that the system would at a minimum have to account for:
     The origin and pest status of mother stock;
     The year of propagation and the place of production of all 
plant parts that make up the plants for planting intended for export;
     Geographic location of the place of production;
     Location of plants for planting within the place of 
production;
     The plant taxon; and

[[Page 11852]]

     The purchaser's identity.
    One commenter stated that the requirements for traceability in RSPM 
No. 24 are far too prescriptive, often beyond the capacity of a grower. 
The commenter stated that it is impossible, for many 
faster[hyphen]growing crops, to keep records on the location of plants 
for planting within the place of production. Within greenhouse 
production, the commenter stated that the limitations of space, timing 
of turns, and modern production practices would make it nearly 
impossible and certainly too costly to accomplish this level of 
traceability. The commenter added that in nursery production there are 
often multiple growing operations involved with producing a marketable 
crop, typically many iterations away from mother stock. In the 
commenter's opinion, the reality of pest and pathogen dispersal make it 
overwhelmingly unlikely that information connecting a plant to mother 
stock would be of any value and would be costly far beyond its utility. 
The commenter stated that the same general concern about being overly 
specific applies to many of the prescriptive elements in this section.
    We disagree with the commenter that these requirements are 
unrealistic. Knowing where in the production facility plants are 
located, for example, is not only necessary to maintain phytosanitary 
security but also to fulfill orders. Records of the mother stock used 
to produce plants allows for tracking which stock is most successful, 
as well as providing traceability in the event of a pest outbreak. A 
well-maintained place of production will keep these records as a means 
to ensure that its plants grow well so that orders can be fulfilled 
safely and efficiently.
    ISPM No. 36 supports our judgment. The standard indicates in 
section 2.1.1 that the following conditions (among others) should be 
included in the approval process for producers seeking to use the 
general integrated measures:
     Maintaining an updated plan of the place of production as 
well as keeping records of when, where and how plants for planting were 
produced, treated, stored or prepared for movement from the place of 
production (including information on all plant species at the place of 
production and the type of plant material such as cuttings, in vitro 
cultures, bare root plants).
     Keeping records for a period determined by the NPPO of the 
exporting country that verify where and how plants for planting were 
purchased, stored, produced, distributed and any other relevant 
information on their plant health status.
    These are substantively identical to the traceability requirements 
in proposed paragraph (a)(4).
    However, we have reviewed the proposed traceability requirements 
and determined that they may not all need to be in place for every set 
of IPRMM. Different pests will require different levels and types of 
traceability. Therefore, this final rule indicates that, depending on 
the nature of the quarantine pest, the system may need to include those 
traceability elements. This change will ensure that our traceability 
requirements in IPRMM are not unnecessarily restrictive.
    Paragraph (c)(1) of proposed Sec.  319.37-21 required the NPPO of 
the exporting country to provide APHIS with information about, among 
other things, the pests associated with the plant, including 
prevalence, distribution, and damage potential. One commenter asked how 
the exporting country can assess the potential damage that might occur 
in the United States.
    If the exporting country has information about the damage a plant 
pest causes in that country, we can use it to inform our assessment of 
the potential damage the pest can cause in the United States. 
Requesting such information is consistent with the requirements for 
requests to change the general requirements for importing a plant or 
plant product into the United States in Sec.  319.5.
    Paragraph (d) of proposed Sec.  319.37-21 addressed the 
responsibilities of plant brokers trading in plants for planting for 
export that are produced in accordance with IPRMM. We proposed to 
require plant brokers to be approved by the NPPO of the exporting 
country or its designee. Under the proposed rule, plant brokers would 
have to ensure the traceability of consignments from an approved place 
of production or production site and maintain the phytosanitary status 
of the plants in a manner equivalent to an approved place of production 
from purchase, storage, and transportation to the export destination. 
Brokers would also have to document their processes for verifying 
status and maintaining traceability.
    We received several comments on these provisions. One commenter 
opposed the proposed requirements for plant brokers, stating that they 
were overly restrictive and should be rewritten in consultation with 
industry. The commenter specifically opposed the requirements that 
brokers maintain the phytosanitary status and traceability of their 
plants, stating that brokers are likely commingling material from 
several places of production. The commenter supported the approach of 
ISPM No. 36, which limits integrated measures to the place of 
production.
    Five commenters supported the proposed provisions. One stated that 
brokers play an extremely important role in ensuring the integrity of 
the proposed measures and that consignments of plants that have been 
produced under different IPRMM or outside any such measures cannot be 
allowed to be mixed because such mixing would undermine the system. 
Another stated that, in the commenter's experience, sales demands or 
lack of inventory lead to substitutions by brokers, especially if 
untrained employees are responsible for fulfilling orders, and 
supported the requirements as an effort to ensure that careful 
consideration is given to the role and responsibilities of brokers in 
the importation process.
    We are retaining the proposed provisions for plant brokers in this 
final rule. We agree with the latter commenters that the step of the 
export chain after the plants leave the place of production and before 
they are exported is crucial to ensuring the success of IPRMM. For 
example, if a plant was produced in accordance with measures designed 
to exclude an insect pest, it would need to be secured to prevent 
infestation after it left the production site. In particular, 
commingling the plants for planting with plants for planting not 
produced in accordance with IPRMM could result in infested plants being 
exported to the United States. Brokers have a responsibility to 
maintain such security.
    One commenter stated that we should prohibit plant brokers from 
commingling plants from various sources.
    The requirement that plant brokers maintain the phytosanitary 
status of their plants will prevent plant brokers from commingling 
plants for planting produced in accordance with IPRMM and plants not 
produced in accordance with such measures. However, there is no 
phytosanitary risk-based reason to prohibit plant brokers from 
commingling plants for planting produced in accordance with IPRMM from 
different places of production. The places of production with 
commingled plants assume a risk that, if a pest is detected at the port 
of entry, and, depending on the biology of the pest, it is necessary to 
destroy, treat, or re-export the shipment, all the plants in the 
shipment would be affected.
    One commenter asked whether plant brokers are considered plant 
exporters. Another asked whether brokers who take possession of plants 
for planting at

[[Page 11853]]

U.S. ports would be covered by proposed paragraph (d).
    We do not know the distinction the first commenter intends between 
the terms ``plant broker'' and ``plant exporter.'' In response to the 
second comment, brokers who take possession of plants for planting at 
U.S. ports would not be covered by the IPRMM. However, these two 
comments indicate to us that we need to define the term ``plant 
broker'' more clearly. RSPM No. 24 includes a definition that reads as 
follows: ``An entity that purchases or takes possession of plants for 
planting from an approved place of production for the purpose of 
exporting those plants without further growing beyond maintaining the 
plants until export.'' In this final rule, we are adding this 
definition of plant broker to Sec.  319.37-2 to provide further 
clarity.
    One commenter asked about the rationale for requiring plant brokers 
to be officially approved, noting that such a requirement does not 
exist currently when exporting plants for planting to the United 
States. The commenter stated that such a requirement could be a barrier 
to trade, preventing brokers from taking advantage of export 
opportunities. The commenter recommended that certification of 
traceability be left to the NPPO of the exporting country.
    As discussed earlier, we will only use IPRMM when the pest risk 
warrants doing so. Pests for which such measures will be developed will 
likely be high-risk, difficult or impossible to detect through visual 
inspection, or both. In such cases, we believe plant brokers must be 
approved by the NPPO of the exporting country. This will ensure 
additional accountability in the context of the IPRMM. As noted later 
in the framework, a plant broker could be suspended from participating 
in an IPRMM program if he or she was found to have failed to meet the 
program requirements. In order to be suspended, the plant broker must 
first be approved.
    It is important to note again that approval of plant brokers by the 
NPPO of the exporting country will not be a general requirement for the 
importation of all plants for planting, just those whose importation 
will be subject to IPRMM. Plant brokers who, for whatever reason, 
cannot or do not want to get approval from their NPPO to act as plant 
brokers in IPRMM programs will be able to participate in the export of 
other plants. To make this clear, this final rule modifies proposed 
paragraph (d) to indicate that the requirements for plant brokers only 
apply when they trade in plants for planting produced in accordance 
with IPRMM.
    One commenter asked how traceback would affect plant brokers and 
approved production sites or places of production if a pest was 
detected at the port of entry in a consignment of plants for planting 
produced in accordance with IPRMM. The commenter asked how traceback 
would function to decide at which point the system failed, and whether 
the place of production or the broker would be held responsible. The 
commenter also asked what remedies would be applied if the broker was 
not approved.
    Under our current regulations and in accordance with international 
standards, when a pest is detected at the port of entry in exported 
plants for planting, the NPPO of the exporting country conducts 
traceback to determine where phytosanitary security may have been 
compromised. This would continue to be the case for any plants for 
planting produced in accordance with IPRMM. Responsibility would be 
determined based on the investigation. Any place of production or plant 
broker not meeting the conditions of the IPRMM would be suspended. If a 
broker is not approved to participate in the IPRMM program, APHIS and 
the NPPO of the exporting country would work together to determine 
whether tighter controls should be applied.
    As noted earlier, the proposed plant broker requirements included a 
requirement that the brokers maintain the phytosanitary status of the 
plants in a manner equivalent to an approved place of production from 
purchase, storage, and transportation to the export destination. We 
also proposed to require plant brokers to document their process for 
verifying status.
    One commenter asked how a broker would write up a ``place of 
production'' manual and audit it.
    We believe the wording of the proposed requirement may have created 
some confusion. We do not intend for plant brokers to maintain the 
phytosanitary status of plants exactly as a place of production would, 
but rather to ensure that the plants remain free of the pests of 
concern after they leave the place of production. For example, if the 
pest of concern is an insect pest, the place of production may be 
required to have double-entry doors, trapping and monitoring, or other 
such mitigations. The plant broker may be able to secure the plants 
simply by keeping them in a sealed container or making sure they are 
covered with insect-proof mesh at all times. To make this clear, we are 
removing the words ``in a manner'' from the proposed text, so that the 
broker is required to maintain the phytosanitary status of the plants 
after they leave the place of production but not necessarily to use the 
same methods as the place of production to do so.
    Paragraph (e) of proposed Sec.  319.37-21 set out requirements for 
external audits of IPRMM. Paragraph (e)(1) set out provisions for APHIS 
audits.
    One commenter stated that it is considered the responsibility of 
the NPPO of the exporting country to verify compliance, not the 
importing country, under the IPPC. The commenter also objected to the 
idea that APHIS would audit the performance of the NPPO of the 
exporting country.
    We agree with the commenter. The proposed requirements indicated 
that APHIS or its designee will periodically audit the system to ensure 
that it continues to meet the stated objectives, but the performance of 
the NPPO will not be audited. In the proposed rule, we indicated that 
post-approval audits will include inspection of imported plants for 
planting, site visits, and review of the IPRMM and internal audit 
processes of both the place of production and the NPPO of the exporting 
country. We are indicating in this final rule that such audits may 
include those things, as we so require, to allow for more leeway to 
choose the appropriate level of auditing.
    Paragraph (f) of proposed Sec.  319.37-21 set out a framework for 
determining actions in case of noncompliance. It stated that regulatory 
responses to program failures will be based on existing bilateral 
agreements and that APHIS will specify the consequences of 
noncompliance to the NPPO of the exporting country.
    One commenter stated that we should incorporate the strongest 
penalties listed in ISPM No. 36, RSPM No. 24, and the proposal, 
wherever they may happen to be found, into the final regulations.
    We understand the commenter's concerns about the potential 
consequences of noncompliance. However, as different IPRMM will 
necessarily have different points of concern and potential 
noncompliance, we believe it will be simpler and more flexible to 
determine the actions we take in case of noncompliance within the 
individual IPRMM.

Postentry Quarantine

    We proposed to set out requirements for postentry quarantine in 
Sec.  319.37-23. Under current Sec.  319.37-7, certain taxa of plants 
for planting are required to be grown in postentry quarantine in order 
to determine whether they are infested with quarantine pests, typically 
pathogens. Section 319.37-7 also provides a framework of requirements 
under which postentry quarantine must be conducted and completed. We

[[Page 11854]]

proposed to move the lists of taxa that must be grown in postentry 
quarantine that are currently found in paragraphs (a) and (b) of Sec.  
319.37-7 to the Plants for Planting Manual and update them with the 
streamlined process.
    One commenter expressed concerns about the use of postentry 
quarantine. The commenter stated that the system has proved inadequate 
to prevent pests from escaping, as in the escape of citrus longhorned 
beetle (Anoplophora chinensis) at a nursery in Tukwila, WA. The 
commenter hoped that APHIS will shift from using postentry quarantine 
as a mitigation to the use of IPRMM.
    We do intend to emphasize the use of IPRMM to address pest risks 
rather than postentry quarantine in the future. The restructuring of 
the plants for planting regulations will make it easier to do so.
    We proposed to set out requirements for State postentry quarantine 
agreements in paragraph (b) of proposed Sec.  319.37-23. Such 
requirements were previously found in paragraph (c) of Sec.  319.37-7. 
We stated that there is no need to retain the level of detail regarding 
such agreements that is found in current paragraph (c), which sets out 
extensive requirements that States must meet in order to be sites for 
postentry quarantine; for example, the paragraph includes detailed 
requirements for State laws and regulations, duties of State 
inspectors, services APHIS agrees to provide, and provisions for 
termination of a State postentry quarantine agreement.
    One commenter expressed concern about removing this detail, 
believing that the agreements could be subject to political pressure 
and other nonscientific factors during negotiation that could result in 
heightened pest risk.
    We do not anticipate that anything will change as a result of 
removing the details, and, as the commenter noted, removing those 
details will allow us to tailor the agreements to specific 
circumstances.

Miscellaneous Changes

    Proposed paragraph (c) of Sec.  319.37-1 indicated that the 
importation of plants that are imported for processing, as determined 
by an inspector based on documentation accompanying the articles, is 
not subject to the plants for planting regulations. However, the 
importation of such plants may be subject to other regulations, and the 
proposed text could have given the impression that there were no 
further requirements for the importation of such plants. Therefore, in 
this final rule, we have changed the proposed paragraph to indicate 
that the importation of such plants is not subject to the plants for 
planting regulations but may be subject to regulations elsewhere in 7 
CFR part 319, which contains the import quarantine notices.
    Additionally, plants that are imported for consumption, as 
determined by an inspector based on documentation accompanying the 
articles, are similarly not subject to the plants for planting 
regulations. We have changed proposed paragraph (c) to reflect this as 
well.
    In the same section, proposed paragraph (f) had indicated that 
common names of plants for planting may be given in parentheses after 
most scientific names, when common names are known. This was intended 
to refer to the Plants for Planting Manual, rather than the regulations 
themselves, since we were proposing to move taxa-specific restrictions 
and prohibitions to the manual. In this final rule, we clarify that 
paragraph (f) of Sec.  319.37-1 pertains to the Plants for Planting 
Manual.
    In the definitions section of this final rule, Sec.  319.37-2, we 
are adding a definition of Animal and Plant Health Inspection Service 
(APHIS) for clarity. Adding this definition allows us to simplify the 
wording of the definition of Plant Protection and Quarantine Programs 
and reflects the use of the acronym ``APHIS'' throughout the subpart. 
Additionally, since the proposed rule was issued, we revised the 
definition of phytosanitary certificate within the plants for planting 
regulations. We are retaining this revised definition, with minor edits 
to reflect the structure of the revised subpart.
    Finally, the revisions to the subpart make it necessary for us to 
update references and citations that appear elsewhere in our 
regulations in title 7. We are making these nonsubstantive updates in 7 
CFR parts 318, 319, 330, 340, 360, and 361.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
changes discussed in this document.
Executive Orders 12866 and 13771 and Regulatory Flexibility Act
    This final rule has been determined to be not significant for the 
purposes of Executive Order (E.O.) 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget. This rule is not 
expected to be an E.O. 13771 regulatory action because it is not 
significant under E.O. 12866. Further, APHIS considers this rule to be 
a deregulatory action under E.O. 13771 as it will facilitate access to 
information on import restrictions for specific types of plants for 
planting and create a more efficient process for amending import 
requirements.
    In accordance with 5 U.S.C. 604, we have performed a final 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this rule on small entities. Copies of the full 
analysis are available on the Regulations.gov website (see footnote 1 
in this document for a link to Regulations.gov) or by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT.
    This analysis examines the potential economic impacts on small 
entities of a final rule to restructure the regulations contained in 7 
CFR part 319 that govern the importation of plants for planting. This 
action will provide for more efficient application of these 
regulations, while not making any major changes to current import 
restrictions. Besides improving the clarity of these regulations, the 
rule will:
     Consolidate the requirements for importation of plants for 
planting into one subpart in 7 CFR part 319;
     Add most of the plants for planting that are listed as 
prohibited to the list of those whose importation is NAPPRA;
     Characterize the other prohibitions as restrictions, and 
add them to the Plants for Planting manual;
     Remove several lists of approved items (for example, 
approved growing media, packing materials, and ports of entry) from the 
regulations and instead provide these lists to the public in the Plants 
for Planting Manual;
     Move restrictions on the importation of specific types of 
plants for planting from the regulations to the Plants for Planting 
Manual;
     Establish a framework for the use of IPRMM where 
appropriate in the production of specific types of plants for planting 
for importation into the United States;
     Clarify postentry quarantine requirements; and
     Establish a process for making changes to import 
restrictions on specific types of plants for planting after taking 
public comment on notices published in the Federal Register, rather 
than by publishing proposed and final rules.
    The changes will facilitate access to information on import 
restrictions for specific types of plants for planting, and create a 
more efficient process for amending import requirements. Importers of 
plants for planting can expect changes in import restrictions to be 
accomplished more than 4 months sooner than they would be through 
rulemaking. While nearly all importers of plants for planting that are 
directly affected by the rule are small, any

[[Page 11855]]

associated costs will be modest, including instances in which 
phytosanitary certification are newly required.

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

    This final rule contains no new reporting, recordkeeping, or third 
party disclosure requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects

7 CFR Part 318

    Cotton, Cottonseeds, Fruits, Guam, Plant diseases and pests, Puerto 
Rico, Quarantine, Transportation, Vegetables, Virgin Islands.

7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Plant diseases and pests, 
Plants for planting, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

7 CFR Part 330

    Customs duties and inspection, 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.

7 CFR Part 360

    Plants, Quarantine, Reporting and recordkeeping requirements, 
Transportation.

7 CFR Part 361

    Agricultural commodities, Imports, Labeling, Reporting and 
recordkeeping requirements, Seeds.

    Accordingly, we are amending 7 CFR parts 318, 319, 330, 340, 360, 
and 361 as follows:

PART 318--STATE OF HAWAII AND TERRITORIES QUARANTINE NOTICES

0
1. The authority citation for part 318 continues to read as follows.

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

0
2. Section 318.60 is amended by revising paragraph (c)(2) to read as 
follows:


Sec.  318.60   Notice of quarantine.

* * * * *
    (c) Sand (other than clean ocean sand), soil, or earth around the 
roots of plants shall not be shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common 
carrier, or carried, transported, moved, or allowed to be moved by any 
person from Hawaii, Puerto Rico, or the Virgin Islands of the United 
States into or through any other State, Territory, or District of the 
United States: Provided, That the prohibitions of this section shall 
not apply to the movement of such products in either direction between 
Puerto Rico and the Virgin Islands of the United States: Provided 
further, That such prohibitions shall not prohibit the movement of such 
products by the United States Department of Agriculture for scientific 
or experimental purposes, nor prohibit the movement of sand, soil, or 
earth around the roots of plants which are carried, for ornamental 
purposes, on vessels into mainland ports of the United States and which 
are not intended to be landed thereat, when evidence is presented 
satisfactory to the inspector of the Plant Protection and Quarantine 
Programs of the Department of Agriculture that such sand, soil, or 
earth has been so processed or is of such nature that no pest risk is 
involved, or that the plants with sand, soil, or earth around them are 
maintained on board under such safeguards as will preclude pest escape: 
And provided further, That such prohibitions shall not prohibit the 
movement of plant cuttings or plants that have been--
    (1) Freed from sand, soil, and earth;
    (2) Subsequently potted and established in sphagnum moss or other 
packing material approved under Sec.  319.37-11 of this chapter that 
had been stored under shelter and had not been previously used for 
growing or packing plants;
    (3) Grown thereafter in a manner satisfactory to an inspector of 
the Plant Protection and Quarantine Programs to prevent infestation 
through contact with sand, soil, or earth; and
    (4) Certified by an inspector of the Plant Protection and 
Quarantine Programs as meeting the requirements of paragraphs (c)(1) 
through (3) of this section.
* * * * *

PART 319--FOREIGN QUARANTINE NOTICES

0
3. 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.  319.6  [Amended]

0
4. In Sec.  319.6, paragraph (d)(4) is amended by removing the citation 
``Sec.  319.37-9'' and adding the citation ``Sec.  319.37-11'' in its 
place.

0
5. Section 319.8 is amended as follows:
0
a. By designating the current text of the section as paragraph (a); and
0
b. By adding paragraph (b).
    The addition reads as follows:


Sec.  319.8  Notice of quarantine.

* * * * *
    (b) The importation of cotton plants (including any plant parts) 
that are for planting or capable of being planted is restricted in 
Subpart--Plants for Planting of this part.


Sec.  319.8-1  [Amended]

0
6. In Sec.  319.8-1, the definition of cottonseed is amended by adding 
the words ``and that is intended for processing or consumption'' before 
the period.

0
7. Section 319.15 is amended as follows:
0
a. By redesignating paragraph (b) as paragraph (c); and
0
b. By adding a new paragraph (b).
    The addition reads as follows:


Sec.  319.15   Notice of quarantine.

* * * * *
    (b) The importation of sugarcane plants (including any plant parts) 
that are for planting or capable of being planted is restricted under 
Subpart--Plants for Planting of this part.
* * * * *

Subpart--Citrus Canker and Other Citrus Diseases [Removed]

0
8. Subpart--Citrus Canker and Other Citrus Diseases, consisting of 
Sec.  319.19, is removed.

0
9. Section 319.24 is amended as follows:
0
a. By redesignating paragraphs (b) through (d) as paragraphs (c) 
through (e), respectively; and
0
b. By adding a new paragraph (b).
    The addition reads as follows:


Sec.  319.24  Notice of quarantine.

* * * * *
    (b) The importation of corn plants (including any plant parts) that 
are for

[[Page 11856]]

planting or capable of being planted is restricted in Subpart--Plants 
for Planting of this part.
* * * * *

0
10. Subpart--Citrus Fruit, is amended by revising the first paragraph 
of the Note below the subpart heading that precedes Sec.  319.28 to 
read as follows:

Subpart--Citrus Fruit

    Note 1 to Subpart--Citrus Fruit: Citrus plants for planting may be 
imported in accordance with Subpart--Plants for Planting of this part.
* * * * *

0
11. Section 319.28 is amended as follows:
0
a. In paragraph (a)(4), by removing the words ``Sec. Sec.  319.37 
through 319.37-27'' and adding the words ``Sec. Sec.  319.37-1 through 
319.37-23'' in their place;
0
b. In paragraph (b)(8) introductory text, by removing the words ``port 
of entry identified in Sec.  319.37-14'' and adding the words ``Customs 
designated port of entry indicated in 19 CFR 101.3(b)(1)'' in their 
place; and
0
c. By revising the OMB citation at the end of the section.
    The revision reads as follows:


Sec.  319.28   Notice of quarantine.

* * * * *

(Approved by the Office of Management and Budget under control 
numbers 0579-0173 and 0579-0314)

0
12. Subpart--Plants for Planting, consisting currently of Sec. Sec.  
319.37 through 319.37-14, is revised to read as follows:
Subpart--Plants for Planting
Sec.
319.37-1 Notice of quarantine.
319.37-2 Definitions.
319.37-3 General restrictions on the importation of plants for 
planting.
319.37-4 Taxa of plants for planting whose importation is not 
authorized pending pest risk analysis.
319.37-5 Permits.
319.37-6 Phytosanitary certificates.
319.37-7 Marking and identity.
319.37-8 Ports of entry: Approved ports, notification of arrival, 
inspection, and refusal of entry.
319.37-9 Treatment of plants for planting; costs and charges for 
inspection and treatment; treatments applied outside the United 
States.
319.37-10 Growing media.
319.37-11 Packing and approved packing material.
319.37-12 through 319.37-19 [Reserved]
319.37-20 Restrictions on the importation of specific types of 
plants for planting.
319.37-21 Integrated pest risk management measures.
319.37-22 Trust fund agreements.
319.37-23 Postentry quarantine.

Subpart--Plants for Planting


Sec.  319.37-1  Notice of quarantine.

    (a) Under section 412(a) of the Plant Protection Act, the Secretary 
of Agriculture may prohibit or restrict the importation and entry of 
any plant or plant product if the Secretary determines that the 
prohibition or restriction is necessary to prevent the introduction 
into the United States or the dissemination within the United States of 
a plant pest or noxious weed.
    (b) The Secretary has determined that it is necessary to designate 
the importation of certain taxa of plants for planting as not 
authorized pending pest risk analysis, as provided in Sec.  319.37-4. 
The Secretary has determined that it is necessary to restrict the 
importation into the United States of all other plants for planting and 
to impose additional restrictions on the importation of specific types 
of plants for planting, in accordance with this subpart and as 
described in the Plants for Planting Manual.
    (c) The importation of plants that are imported for processing or 
consumption, as determined by an inspector based on documentation 
accompanying the articles, is not subject to this subpart but may be 
subject to restrictions elsewhere in this part.
    (d) The importation of taxa of plants for planting that are listed 
in parts 360 and 361 of this chapter is subject to the restrictions in 
those parts.
    (e) The Plant Protection and Quarantine Programs also enforces 
regulations promulgated under the Endangered Species Act of 1973 (16 
U.S.C. 1531-1544) which contain additional prohibitions and 
restrictions on importation into the United States of plants for 
planting subject to this subpart (see 50 CFR parts 17 and 23).
    (f) Within the Plants for Planting Manual, one or more common names 
of plants for planting may be given in parentheses after most 
scientific names (when common names are known) for the purpose of 
helping to identify the plants for planting represented by such 
scientific names; however, unless otherwise specified, a reference to a 
scientific name includes all plants for planting within the taxon 
represented by the scientific name regardless of whether the common 
name or names are as comprehensive in scope as the scientific name. 
When restrictions apply to the importation of a taxon of plants for 
planting for which there are taxonomic synonyms, those restrictions 
apply to the importation of all the synonyms of that taxon as well.


Sec.  319.37-2  Definitions.

    The following definitions apply to this subpart:
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, or any 
other employee of the United States Department of Agriculture 
authorized to act in his or her stead.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service, United States Department of 
Agriculture.
    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.
    Consignment. A quantity of plants for planting being moved from one 
country to another and covered, when required, by a single 
phytosanitary certificate (a consignment may be composed of one or more 
lots or taxa).
    Controlled import permit. A written or electronically transmitted 
authorization issued by APHIS for the importation into the United 
States of otherwise prohibited or restricted plant material for 
experimental, therapeutic, or developmental purposes, under controlled 
conditions as prescribed by the Administrator in accordance with Sec.  
319.6.
    Earth. The softer matter composing part of the surface of the 
globe, in distinction from the firm rock, and including the soil and 
subsoil, as well as finely divided rock and other soil formation 
materials down to the rock layer.
    From. Plants for planting are considered to be ``from'' any country 
or locality in which they are grown. Provided, That plants for planting 
imported into Canada from another country or locality shall be 
considered as being solely from Canada if they meet the following 
conditions:
    (1) They are imported into the United States directly from Canada 
after having been grown for at least 1 year in Canada;
    (2) They have never been grown in a country from which their 
importation would not be authorized pending pest risk analysis under 
Sec.  319.37-4;
    (3) They have never been grown in a country, other than Canada, 
from which it would be subject to certain restrictions on the 
importation of specific types of plants for planting under Sec.  
319.37-20, which are listed in the Plants for Planting Manual; 
Provided, that plants for planting that would be subject to postentry 
quarantine if imported into the United States may be imported from 
Canada

[[Page 11857]]

after growth in another country if they were grown in Canada in 
postentry quarantine under conditions equivalent to those specified in 
the Plants for Planting Manual; and
    (4) They were not imported into Canada in growing media.
    Inspector. Any individual authorized by the Administrator or the 
Commissioner of Customs and Border Protection, Department of Homeland 
Security, to enforce the regulations in this part.
    Lot. A number of units of a single commodity, identifiable by its 
homogeneity of composition and origin, forming all or part of a 
consignment.
    Mother stock. A group of plants from which plant parts are taken to 
produce new plants.
    National plant protection organization (NPPO). The official service 
established by a government to discharge the functions specified by the 
International Plant Protection Convention.
    Noxious weed. Any plant or plant product that can directly or 
indirectly injure or cause damage to crops (including plants for 
planting or plant products), livestock, poultry, or other interests of 
agriculture, irrigation, navigation, the natural resources of the 
United States, the public health, or the environment.
    Official control. The active enforcement of mandatory phytosanitary 
regulations and the application of mandatory phytosanitary procedures 
with the objective of eradication or containment of quarantine pests.
    Person. Any individual, partnership, corporation, association, 
joint venture, or other legal entity.
    Phytosanitary certificate. A document, including electronic 
versions, that is related to a restricted article and is issued not 
more than 15 days prior to shipment of the restricted article from the 
country in which it was grown and that:
    (1) Is patterned after the model certificate of the International 
Plant Protection Convention, a multilateral convention on plant 
protection under the authority of the Food and Agriculture Organization 
of the United Nations (FAO);
    (2) Is issued by an official of a foreign national plant protection 
organization in one of the five official languages of the FAO;
    (3) Is addressed to the national plant protection organization of 
the United States (Animal and Plant Health Inspection Service);
    (4) Describes the shipment;
    (5) Certifies the place of origin for all contents of the shipment;
    (6) Certifies that the shipment has been inspected and/or tested 
according to appropriate official procedures and is considered free 
from quarantine pests of the United States;
    (7) Contains any additional declarations required in the Plants for 
Planting Manual; and
    (8) Certifies that the shipment conforms with the phytosanitary 
requirements of the United States and is considered eligible for 
importation pursuant to the laws and regulations of the United States.
    Place of production. Any premises or collection of fields operated 
as a single production or farming unit. This may include production 
sites that are separately managed for phytosanitary purposes.
    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 broker. An entity that purchases or takes possession of 
plants for planting from an approved place of production for the 
purpose of exporting those plants without further growing beyond 
maintaining the plants until export.
    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.
    Plant Protection and Quarantine Programs. The organizational unit 
within APHIS that is delegated responsibility for enforcing provisions 
of the Plant Protection Act (7 U.S.C. 7701 et seq.) and related 
legislation, quarantines, and regulations.
    Planting. Any operation for the placing of plants in a growing 
medium, or by grafting or similar operations, to ensure their 
subsequent growth, reproduction, or propagation.
    Plants for planting. Plants intended to remain planted, to be 
planted, or replanted.
    Plants for Planting Manual. The document that contains restrictions 
on the importation of specific types of plants for planting, as 
provided in Sec.  319.37-20, and other information about the 
importation of plants for planting as provided in this subpart. The 
Plants for Planting Manual is available on the internet at https://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/plants_for_planting.pdf. or by contacting the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, 4700 River Road, 
Unit 133, Riverdale, MD 20737-1236.
    Port of first arrival. The land area (such as a seaport, airport, 
or land border station) where a person, or a land, water, or air 
vehicle, first arrives after entering the territory of the United 
States, and where inspection of plants for planting is carried out by 
inspectors.
    Preclearance. Phytosanitary inspection and/or clearance in the 
country in which the plants for planting were grown, performed by or 
under the regular supervision of APHIS.
    Production site. A defined portion of a place of production 
utilized for the production of a commodity that is managed separately 
for phytosanitary purposes. This may include the entire place of 
production or portions of it. Examples of portions of places of 
production are a defined orchard, grove, field, greenhouse, 
screenhouse, or premises.
    Quarantine pest. A plant pest or noxious weed that is of potential 
economic importance to the United States and not yet present in the 
United States, or present but not widely distributed and being 
officially controlled.
    Regulated plant. A vascular or nonvascular plant. Vascular plants 
include gymnosperms, angiosperms, ferns, and fern allies. Gymnosperms 
include cycads, conifers, and gingko. Angiosperms include any flowering 
plant. Fern allies include club mosses, horsetails, whisk ferns, spike 
mosses, and quillworts. Nonvascular plants include mosses, liverworts, 
hornworts, and green algae.
    Secretary. The Secretary of Agriculture, or any other officer or 
employee of the Department of Agriculture to whom authority to act in 
his/her stead has been or may hereafter be delegated.
    Soil. The loose surface material of the earth in which plants, 
trees, and shrubs grow, in most cases consisting of disintegrated rock 
with an admixture of organic material and soluble salts.
    Species (spp.). All species, clones, cultivars, strains, varieties, 
and hybrids of a genus.
    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.

[[Page 11858]]

    State Plant Regulatory Official. The official authorized by the 
State to sign agreements with Federal agencies involving operations of 
the State plant protection agency.
    Taxon (taxa). Any grouping within botanical nomenclature, such as 
family, genus, species, or cultivar.
    Type of plants for planting. A grouping of plants for planting 
based on shared characteristics such as biological traits, morphology, 
botanical nomenclature, or risk factors.
    United States. All of the States.


Sec.  319.37-3  General restrictions on the importation of plants for 
planting.

    (a) The importation of certain taxa of plants for planting is not 
authorized pending pest risk analysis in accordance with Sec.  319.37-
4.
    (b) General restrictions that apply to the importation of all 
plants for planting other than those whose importation is not 
authorized pending pest risk analysis are found in Sec. Sec.  319.37-5 
through 319.37-11.
    (c) In accordance with Sec.  319.37-20, the Administrator may 
impose restrictions on the importation of specific types of plants for 
planting. These restrictions are listed in the Plants for Planting 
Manual. Additional information on restrictions applicable to the 
importation of specific types of plants for planting can be found in 
Sec. Sec.  319.37-20 through 319.37-23.


Sec.  319.37-4  Taxa of plants for planting whose importation is not 
authorized pending pest risk analysis.

    (a) Determination by the Administrator. The importation of certain 
taxa of plants for planting poses a risk of introducing quarantine 
pests into the United States. Therefore, the importation of these taxa 
is not authorized pending the completion of a pest risk analysis, 
except as provided in paragraph (f) of this section. These taxa are 
listed in the Plants for Planting Manual. There are two categories of 
taxa whose importation is not authorized pending pest risk analysis: 
Taxa of plants for planting that are quarantine pests, and taxa of 
plants for planting that are hosts of quarantine pests. For taxa of 
plants for planting that have been determined to be quarantine pests, 
the list includes the names of the taxa. For taxa of plants for 
planting that are hosts of quarantine pests, the list includes the 
names of the taxa, the foreign places from which the taxa's importation 
is not authorized, and the quarantine pests of concern.
    (b) Addition of taxa. A taxon of plants for planting may be added 
to one of the lists of taxa not authorized for importation pending pest 
risk analysis under this section as follows:
    (1) Data sheet. APHIS will publish in the Federal Register a 
document that announces our determination that a taxon of plants for 
planting is either a quarantine pest or a host of a quarantine pest. 
This notice will make available a data sheet that details the 
scientific evidence APHIS evaluated in making the determination that 
the taxon is a quarantine pest or a host of a quarantine pest. The data 
sheet will include references to the scientific evidence that APHIS 
used in making the determination. In our notice, we will provide for a 
public comment period of a minimum of 60 days on our additions to the 
list.
    (2) Response to comments. (i) APHIS will issue a notice after the 
close of the public comment period indicating that the taxon will be 
added to the list of taxa not authorized for importation pending pest 
risk analysis if:
    (A) No comments were received on the data sheet;
    (B) The comments on the data sheet revealed that no changes to the 
data sheet were necessary; or
    (C) Changes to the data sheet were made in response to public 
comments, but the changes did not affect APHIS' determination that the 
taxon poses a risk of introducing a quarantine pest into the United 
States.
    (ii) If comments present information that leads us to determine 
that the importation of the taxon does not pose a risk of introducing a 
quarantine pest into the United States, APHIS will not add the taxon to 
the list of plants for planting whose importation is not authorized 
pending pest risk analysis. APHIS will issue a notice giving public 
notice of this determination after the close of the comment period.
    (c) Criterion for listing a taxon of plants for planting as a 
quarantine pest. A taxon will be added to the list of taxa whose 
importation is not authorized pending pest risk analysis if scientific 
evidence causes APHIS to determine that the taxon is a quarantine pest.
    (d) Criteria for listing a taxon of plants for planting as a host 
of a quarantine pest. A taxon will be added to the list of taxa whose 
importation is not authorized pending pest risk analysis if scientific 
evidence causes APHIS to determine that the taxon is a host of a 
quarantine pest. The following criteria must be fulfilled in order to 
make this determination:
    (1) The plant pest in question must be determined to be a 
quarantine pest; and
    (2) The taxon of plants for planting must be determined to be a 
host of that quarantine pest.
    (e) Removing a taxon from the list of taxa not authorized pending 
pest risk analysis. (1) Requests to remove a taxon from the list of 
taxa whose importation is not authorized pending pest risk analysis 
(NAPPRA) must be made in accordance with Sec.  319.5. APHIS will 
conduct a pest risk analysis in response to such a request. The pest 
risk analysis will examine the risk associated with the importation of 
that taxon as well as measures available to mitigate that risk. The 
pest risk analysis may analyze importation of the taxon from a specific 
area, country, or countries, or from all areas of the world. The 
conclusions of the pest risk analysis will apply accordingly.
    (2) If the pest risk analysis indicates that the taxon is a 
quarantine pest or a host of a quarantine pest and the Administrator 
determines that there are no measures available that adequately 
mitigate the risk of introducing a quarantine pest into the United 
States through the taxon's importation, we will continue to list the 
taxon as not authorized for importation pending pest risk analysis. We 
will publish a notice making the pest risk analysis available for 
comment. If comments cause us to change our determination, we will 
publish another notice in accordance with either paragraph (e)(3) or 
(4) of this section, as appropriate. If comments do not cause us to 
change our determination, we will publish a second notice responding to 
the comments and affirming our determination that the taxon should 
continue to be listed as NAPPRA.
    (3) If the pest risk analysis supports a determination that 
importation of the taxon be allowed subject to taxon-specific 
restrictions, APHIS will publish a notice making the pest risk analysis 
available to the public for comment in accordance with the process in 
Sec.  319.37-20(c).
    (4) If the pest risk analysis supports a determination that 
importation of the taxon be allowed subject to the general restrictions 
of this subpart, APHIS will publish a notice announcing our intent to 
remove the taxon from the list of taxa whose importation is not 
authorized pending pest risk analysis and making the pest risk analysis 
supporting the taxon's removal available for public comment.
    (i) APHIS will issue a notice after the close of the public comment 
period indicating that the importation of the taxon will be subject 
only to the general restrictions of this subpart if:
    (A) No comments were received on the pest risk analysis;

[[Page 11859]]

    (B) The comments on the pest risk analysis revealed that no changes 
to the pest risk analysis were necessary; or
    (C) Changes to the pest risk analysis were made in response to 
public comments, but the changes did not affect the overall conclusions 
of the analysis and the Administrator's determination that the 
importation of the taxon does not pose a risk of introducing a 
quarantine pest into the United States.
    (ii) If information presented by commenters indicates that the pest 
risk analysis needs to be revised, APHIS will issue a notice after the 
close of the public comment period indicating that the importation of 
the taxon will continue to be listed as not authorized pending pest 
risk analysis while the information presented by commenters is analyzed 
and incorporated into the pest risk analysis. APHIS will subsequently 
publish a new notice announcing the availability of the revised pest 
risk analysis.
    (5) APHIS may also remove a taxon from the list of taxa whose 
importation is not authorized pending pest risk analysis when APHIS 
determines that the evidence used to add the taxon to the list was 
erroneous (for example, involving a taxonomic misidentification).
    (f) Controlled import permits. Any plants for planting whose 
importation is not authorized pending pest risk analysis in accordance 
with this section may be imported or offered for entry into the United 
States if:
    (1) Imported for experimental, therapeutic, or developmental 
purposes under the conditions specified in a controlled import permit 
issued in accordance with Sec.  319.6;
    (2) Imported at the National Plant Germplasm Inspection Station, 
Building 580, Beltsville Agricultural Research Center East, Beltsville, 
MD 20705 or through any USDA plant inspection station listed in the 
Plants for Planting Manual;
    (3) Imported pursuant to a controlled import permit issued for such 
plants for planting and kept on file at the port of entry;
    (4) Imported under conditions specified on the controlled import 
permit and found by the Administrator to be adequate to prevent the 
introduction into the United States of quarantine pests, i.e., 
conditions of treatment, processing, growing, shipment, disposal; and
    (5) Imported with a controlled import tag or label securely 
attached to the outside of the container containing the plants for 
planting or securely attached to the plant itself if not in a 
container, and with such tag or label bearing a controlled import 
permit number corresponding to the number of the controlled import 
permit issued for such plants for planting.

(Approved by the Office of Management and Budget under control 
number 0579-0380)


Sec.  319.37-5  Permits.

    (a)(1) Plants for planting may be imported or offered for 
importation into the United States only after issuance of a written 
permit by the Plant Protection and Quarantine Programs, except as 
provided in the Plants for Planting Manual. Exceptions from the 
requirement for a written permit will be added, changed, or removed in 
accordance with Sec.  319.37-20.
    (2) Plants for planting whose importation is subject to postentry 
quarantine, as listed in the Plants for Planting Manual, must also be 
imported under an importer postentry quarantine growing agreement in 
accordance with Sec.  319.37-23(c).
    (b) An application for a written permit should be submitted to the 
Plant Protection and Quarantine Programs (Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, Permits, Permit 
Unit, 4700 River Road, Unit 133, Riverdale, MD 20737-1236) at least 30 
days prior to arrival of the plants for planting at the port of entry. 
Application forms are available without charge from that address or on 
the internet at http://www.aphis.usda.gov/permits/ppq_epermits.shtml. 
The completed application shall include the following information:
    (1) Name, address, and telephone number of the importer;
    (2) The taxon or taxa and the approximate quantity of plants for 
planting intended to be imported;
    (3) Country(ies) or locality(ies) where grown;
    (4) Intended United States port of entry;
    (5) Means of transportation, e.g., mail, airmail, express, air 
express, freight, airfreight, or baggage; and
    (6) Expected date of arrival.
    (c) A permit indicating the applicable conditions for importation 
under this subpart will be issued by Plant Protection and Quarantine 
Programs if, after review of the application, the plants for planting 
are deemed eligible to be imported into the United States under the 
conditions specified in the permit. However, even if such a permit is 
issued, the plants for planting may be imported only if all applicable 
requirements of this subpart are met and only if an inspector at the 
port of entry determines that no remedial measures pursuant to the 
Plant Protection Act are necessary with respect to the plants for 
planting.\1\
---------------------------------------------------------------------------

    \1\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (d) Any permit that has been issued may be revoked by an inspector 
or APHIS in accordance with Sec.  319.7-4.
    (e) Any plants for planting not required to be imported with a 
permit in accordance with paragraph (a) of this section may be imported 
or offered for importation into the United States only after issuance 
of an oral authorization for importation issued by an inspector at the 
port of entry.
    (f) An oral authorization for importation of plants for planting 
shall be issued at a port of entry by an inspector only if all 
applicable requirements of this subpart are met, such plants for 
planting are eligible to be imported under an oral authorization, and 
an inspector at the port of entry determines that no measures pursuant 
to section 414 of the Plant Protection Act (7 U.S.C. 7714) are 
necessary with respect to such plants for planting.
    (g) Persons wishing to import plants for planting into the United 
States for experimental, therapeutic, or developmental purposes must 
apply for a controlled import permit in accordance with Sec. Sec.  
319.6 and 319.37-3.

(Approved by the Office of Management and Budget under control 
numbers 0579-0190, 0579-0285, and 0579-0319)


Sec.  319.37-6  Phytosanitary certificates.

    (a) Phytosanitary certificates. Any plants for planting offered for 
importation into the United States must be accompanied by a 
phytosanitary certificate, except as described in paragraphs (b) and 
(c) of this section. The phytosanitary certificate must identify the 
genus of the plants for planting it accompanies. When the importation 
of individual species or cultivars within a genus is restricted in 
accordance with Sec.  319.37-20, the phytosanitary certificate must 
also identify the species or cultivar of the plants for planting 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.

[[Page 11860]]

    (b) Small lots of seed. Lots of seed may be imported without a 
phytosanitary certificate required by paragraph (a) of this section 
under the following conditions:
    (1) The importation of the seed is authorized by a written permit 
issued in accordance with Sec.  319.37-5.
    (2) The seed is not listed as not authorized pending pest risk 
analysis, as provided in Sec.  319.37-4; is not of any noxious weed 
species listed in part 360 of this chapter; is not subject to 
restrictions on specific types of plants for planting as provided in 
Sec.  319.37-20; is not restricted under the regulations in parts 330 
and 340 of this chapter; and meets the requirements of part 361 of this 
chapter.
    (3) The seed meets the following packaging and shipping 
requirements:
    (i) Each seed packet is clearly labeled with the name of the 
collector/shipper, the country of origin, and the scientific name at 
least to the genus, and preferably to the species, level;
    (ii) There are a maximum of 50 seeds of 1 taxon (taxonomic category 
such as genus, species, cultivar, etc.) per packet; or a maximum weight 
not to exceed 10 grams of seed of 1 taxon per packet;
    (iii) There are a maximum of 50 seed packets per shipment;
    (iv) The seeds are free from pesticides;
    (v) The seeds are securely packaged in packets or envelopes and 
sealed to prevent spillage;
    (vi) The shipment is free from soil, plant material other than 
seed, other foreign matter or debris, seeds in the fruit or seed pod, 
and living organisms such as parasitic plants, pathogens, insects, 
snails, mites; and
    (vii) At the time of importation, the shipment is sent to either 
the Plant Germplasm Quarantine Center in Beltsville, MD, or a USDA 
plant inspection station.
    (c) Importation of other plants for planting without phytosanitary 
certificates. (1) The Administrator may authorize the importation of 
types of plants for planting without a phytosanitary certificate if the 
plants for planting are accompanied by equivalent documentation agreed 
upon by the Administrator and the NPPO of the exporting country as 
sufficient to establish the eligibility of the plants for importation 
into the United States. The documentation must be provided by the NPPO 
or refer to documentation provided by the NPPO. The documentation must 
be agreed upon before the plants for planting are exported from the 
exporting country to the United States.
    (2) The Administrator may impose additional restrictions on the 
importation of plants for planting that are not accompanied by a 
phytosanitary certificate to ensure that the plants are appropriately 
identified and free of quarantine pests.
    (3) The Plants for Planting Manual lists types of plants for 
planting that are not required to be accompanied by a phytosanitary 
certificate; the countries from which their importation without a 
phytosanitary certificate is authorized; the approved documentation of 
eligibility for importation; and any additional conditions on their 
importation.
    (4) Types of plants for planting may be added to or removed from 
the list of plants for planting that are not required to be accompanied 
by a phytosanitary certificate in accordance with Sec.  319.37-20. The 
requirements for importing types of plants for planting without a 
phytosanitary certificate may also be changed by a notice issued in 
accordance with Sec.  319.37-20. The notice published for comment will 
describe the documentation agreed upon by the Administrator and the 
NPPO of the exporting country and any additional restrictions to be 
imposed on the importation of the type of plants for planting.


(Approved by the Office of Management and Budget under control 
numbers 0579-0142, 0579-0190, 0579-0285, and 0579-0319)


Sec.  319.37-7  Marking and identity.

    (a) Any consignment of plants for planting for importation, other 
than by mail at the time of importation, or offer for importation into 
the United States shall plainly and correctly bear on the outer 
container (if in a container) or the plants for planting (if not in a 
container) the following information:
    (1) General nature and quantity of the contents;
    (2) Country and locality where grown;
    (3) Name and address of shipper, owner, or person shipping or 
forwarding the plants for planting;
    (4) Name and address of consignee;
    (5) Identifying shipper's mark and number; and
    (6) Number of written permit authorizing the importation, if one 
was required under Sec.  319.37-5.
    (b) Any consignment of plants for planting for importation by mail 
shall be plainly and correctly addressed and mailed to the Plant 
Protection and Quarantine Programs at a port of entry listed in the 
Plants for Planting Manual as approved to receive imported plants for 
planting, shall be accompanied by a separate sheet of paper within the 
package plainly and correctly bearing the name, address, and telephone 
number of the intended recipient, and shall plainly and correctly bear 
on the outer container the following information:
    (1) General nature and quantity of the contents;
    (2) Country and locality where grown;
    (3) Name and address of shipper, owner, or person shipping or 
forwarding the plants for planting; and
    (4) Number of written permit authorizing the importation, if one 
was required under Sec.  319.37-5.
    (c) Any consignment of plants for planting for importation (by mail 
or otherwise), at the time of importation or offer for importation into 
the United States shall be accompanied by an invoice or packing list 
indicating the contents of the consignment.

(Approved by the Office of Management and Budget under control 
numbers 0579-0190 and 0579-0319)


Sec.  319.37-8  Ports of entry: Approved ports, notification of 
arrival, inspection, and refusal of entry.

    (a) Approved ports of entry. Any plants for planting required to be 
imported under a written permit in accordance with Sec.  319.37-5(a), 
if not precleared, must be imported or offered for importation only at 
a USDA plant inspection station, unless the Plants for Planting Manual 
indicates otherwise. Ports of entry through which plants for planting 
must pass through before arriving at these USDA plant inspection 
stations are listed in the Plants for Planting Manual. All other plants 
for planting 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. Plants for planting 
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.
    (b) Notification upon arrival at the port of entry. Promptly upon 
arrival of any plants for planting at a port of entry, the importer 
shall notify the Plant Protection and Quarantine Programs of the 
arrival by such means as a manifest, Customs entry document, commercial 
invoice, waybill, a broker's document, or a notice form provided for 
that purpose.
    (c) Inspection and treatment. Any plants for planting may be 
sampled and inspected by an inspector at the port of first arrival and/
or under preclearance inspection arrangements in the country in which 
the plants for planting were

[[Page 11861]]

grown, and must undergo treatment in accordance with part 305 of this 
chapter if treatment is ordered by the inspector. Any plants for 
planting found upon inspection to contain or be contaminated with 
quarantine pests that cannot be eliminated by treatment will be denied 
entry at the first United States port of arrival and must be destroyed 
or shipped to a point outside the United States.
    (d) Disposition of plants for planting not in compliance with this 
subpart. The importer of any plants for planting denied entry for 
noncompliance with this subpart must, at the importer's expense and 
within the time specified in an emergency action notification (PPQ Form 
523), destroy, ship to a point outside the United States, treat in 
accordance with part 305 of this chapter, or apply other safeguards to 
the plants for planting, as prescribed by an inspector, to prevent the 
introduction into the United States of quarantine pests. In choosing 
which action to order and in setting the time limit for the action, the 
inspector shall consider the degree of pest risk presented by the plant 
pest associated with the plants for planting, whether the plants for 
planting are a host of the pest, the types of other host materials for 
the pest in or near the port, the climate and season at the port in 
relation to the pest's survival range, and the availability of 
treatment facilities for the plants for planting.
    (e) Removal of plants for planting from port of first arrival. No 
person shall remove any plants for planting from the port of first 
arrival unless and until notice is given to the collector of customs by 
the inspector that the plants for planting has satisfied all 
requirements under this subpart.

(Approved by the Office of Management and Budget under control 
numbers 0579-0190, 0579-0310, and 0579-0319)


Sec.  319.37-9  Treatment of plants for planting; costs and charges for 
inspection and treatment; treatments applied outside the United States.

    (a) The services of a Plant Protection and Quarantine inspector 
during regularly assigned hours of duty and at the usual places of duty 
shall be furnished without cost to the importer.\2\ No charge will be 
made to the importer for Government-owned or -controlled special 
inspection facilities and equipment used in treatment, but the 
inspector may require the importer to furnish any special labor, 
chemicals, packing materials, or other supplies required in handling an 
importation under the regulations in this subpart. The Plant Protection 
and Quarantine Programs will not be responsible for any costs or 
charges, other than those indicated in this section.
---------------------------------------------------------------------------

    \2\ Provisions relating to costs for other services of an 
inspector are contained in part 354 of this chapter.
---------------------------------------------------------------------------

    (b) Any treatment performed in the United States on plants for 
planting must be performed at the time of importation into the United 
States. Treatment shall be performed by an inspector or under an 
inspector's supervision at a Government-operated special inspection 
facility, except that an importer may have such treatment performed at 
a nongovernmental facility if the treatment is performed at 
nongovernment expense under the supervision of an inspector and in 
accordance with part 305 of this chapter and in accordance with any 
treatment required by an inspector as an emergency measure in order to 
prevent the dissemination of any quarantine pests. However, treatment 
may be performed at a nongovernmental facility only in cases of 
unavailability of government facilities and only if, in the judgment of 
an inspector, the plants for planting can be transported to such 
nongovernmental facility without the risk of introduction into the 
United States of quarantine pests.
    (c) Any treatment performed outside the United States must be 
monitored and certified by an APHIS inspector or an official from the 
NPPO of the exporting country. If monitored and certified by an 
official of the NPPO of the exporting country, then a phytosanitary 
certificate must be issued with the following declaration: ``The 
consignment of (fill in taxon) has been treated in accordance with 7 
CFR part 305.'' During the entire interval between treatment and 
export, the consignment must be stored and handled in a manner that 
prevents any infestation by quarantine pests.

(Approved by the Office of Management and Budget under control 
number 0579-0190)


Sec.  319.37-10   Growing media.

    (a) Any plants for planting at the time of importation or offer for 
importation into the United States shall be free of sand, soil, earth, 
and other growing media, except as provided in paragraph (b), (c), or 
(d) of this section.
    (b) Plants for planting from Canada may be imported in any growing 
medium, except as restricted in the Plants for Planting Manual. 
Restrictions on growing media for specific types of plants for planting 
imported from Canada will be added, changed, or removed in accordance 
with Sec.  319.37-20.
    (c) Certain types of plants for planting growing solely in certain 
growing media listed in the Plants for Planting Manual may be imported 
established in such growing media. The Administrator has determined 
that the importation of the specified types of plants for planting in 
these growing media does not pose a risk of introducing quarantine 
pests into the United States. If the Administrator determines that a 
new growing medium may be added to the list of growing media in which 
imported plants for planting may be established, or that a growing 
medium currently listed for such purposes is no longer suitable for 
establishment of imported plants for planting, APHIS will publish in 
the Federal Register a notice that announces our proposed determination 
and requests comment on the change. After the close of the comment 
period, APHIS will publish another notice informing the public of the 
Administrator's decision on the change to the list of growing media in 
which imported types of plants for planting may be established.
    (d) Certain types of plants for planting, as listed in the Plants 
for Planting Manual, may be imported when they are established in a 
growing medium approved by the Administrator and they are produced in 
accordance with additional requirements specified in the Plants for 
Planting Manual. Changes to the list of plants for planting that may be 
imported in growing media, and to the requirements for the importation 
of those types of plants for planting, will be made in accordance with 
Sec.  319.37-20.

(Approved by the Office of Management and Budget under control 
numbers 0579-0190, 0579-0439, 0579-0454, 0579-0458, and 0579-0463)


Sec.  319.37-11  Packing and approved packing material.

    (a) Plants for planting for importation into the United States must 
not be packed in the same container as plants for planting whose 
importation into the United States is not authorized pending pest risk 
analysis in accordance with Sec.  319.37-4.
    (b) Any plants for planting at the time of importation or offer for 
importation into the United States shall not be packed in a packing 
material unless the plants were packed in the packing material 
immediately prior to shipment; such packing material is free from sand, 
soil, or earth (except as designated in the Plants for Planting 
Manual); has not been used previously as packing material or otherwise; 
and is approved by the Administrator as not posing a risk of 
introducing quarantine pests. Approved packing materials are listed in 
the Plants for Planting Manual.

[[Page 11862]]

    (c) If the Administrator determines that a new packing material may 
be added to the list of packing materials, or that a packing material 
currently listed should no longer be approved, APHIS will publish in 
the Federal Register a notice that announces our proposed determination 
and requests comment on the change. After the close of the comment 
period, APHIS will publish another notice informing the public of the 
Administrator's decision on the change to the list of approved packing 
materials.

(Approved by the Office of Management and Budget under control 
number 0579-0190)


Sec. Sec.  319.37-12 through 319.37-19  [Reserved]


Sec.  319.37-20   Restrictions on the importation of specific types of 
plants for planting.

    (a) Plant type-specific restrictions. In addition to the general 
restrictions in this subpart, the Administrator may impose additional 
restrictions on the importation of specific types of plants for 
planting necessary to effectively mitigate the risk of introducing 
quarantine pests into the United States through the importation of 
specific plants for planting. Additional restrictions may be placed on 
the importation of the entire plant or on certain plant parts. A list 
of the types of plants for planting whose importation is subject to 
additional restrictions, and the specific restrictions that apply to 
the importation of each type of plants for planting, may be found in 
the Plants for Planting Manual.
    (b) Basis for changing restrictions. The Administrator may 
determine that it is necessary to add, change, or remove restrictions 
on the importation of a specific type of plants for planting, based on 
the risk of introducing a quarantine pest through the importation of 
that type of plants for planting. The Administrator will make this 
determination based on the findings of a pest risk analysis or on other 
scientific evidence.
    (c) Process for adding, changing, or removing restrictions. 
Restrictions on the importation of a specific type of plants for 
planting beyond the general restrictions in Sec. Sec.  319.37-5 through 
319.37-11 will be changed through the following process:
    (1) Document describing restrictions. APHIS will publish in the 
Federal Register a notice that announces our proposed determination 
that it is necessary to add, change, or remove restrictions on the 
importation of a specific type of plants for planting. This notice will 
make available for public comment a document describing the 
restrictions that the Administrator has determined are necessary and 
how these restrictions will mitigate the risk of introducing quarantine 
pests into the United States.
    (2) Response to comments. APHIS will issue a second notice after 
the close of the public comment period on the notice described in 
paragraph (c)(1) of this section. This notice will inform the public of 
the specific restrictions, if any, that the Administrator has 
determined to be necessary in order to mitigate the risk of introducing 
quarantine pests into the United States through the importation of the 
type of plants for planting. In response to the public comments 
submitted, the Administrator may implement the restrictions described 
in the document made available by the initial notice, amend the 
restrictions in response to public comment, or determine that changes 
to the restrictions on the importation of the type of plants for 
planting are unnecessary.
    (d) Previously imposed restrictions on specific types of plants for 
planting. Types of plants for planting whose importation was subject to 
specific restrictions by specific regulation as of April 18, 2018, will 
continue to be subject to those restrictions, except as changed in 
accordance with the process specified in paragraph (c) of this section. 
The restrictions are found in the Plants for Planting Manual.


Sec.  319.37-21   Integrated pest risk management measures.

    If a type of plants for planting is a host of a quarantine pest or 
pests, APHIS may require the type of plants for planting to be produced 
in accordance with integrated pest risk management measures as a 
condition of importation. This section sets out a general framework for 
integrated pest risk management measures. When APHIS determines that 
integrated measures are necessary to mitigate risk, APHIS will use this 
framework to develop integrated pest risk management measures that 
mitigate the quarantine pest risks associated with that type of plants 
for planting through the process described in Sec.  319.37-20.
    (a) Responsibilities of the place of production. The place of 
production is responsible for identifying, developing, and implementing 
procedures that meet the requirements of both the NPPO of the exporting 
country and APHIS. Participants in the export program must be approved 
by the NPPO or its designee and APHIS. Approval will be conferred by 
the NPPO or its designee and APHIS after the participant meets the 
conditions required for integrated pest risk management. Approval will 
be withdrawn if the participant fails to meet the conditions at any 
time. All documentation required under paragraphs (a)(5) and (6) of 
this section will be maintained by the exporting place of production 
and made available to official representatives of the NPPO of the 
exporting country and APHIS upon request. The place of production must 
be open to necessary and reasonable audit, monitoring, and evaluation 
of compliance by the NPPO of the exporting country and APHIS. The 
management of the place of production will be responsible for complying 
with the integrated pest risk management measures. Management must 
specify the roles and responsibilities of its personnel to perform 
program activities. The place of production must notify the NPPO of the 
exporting country of deficiencies detected during internal audits. The 
NPPO of the exporting country will be responsible for ensuring that the 
place of production is in compliance with the integrated pest risk 
management measures.
    (1) Pest management program. The place of production must develop 
and implement an approved pest management program that contains ongoing 
pest monitoring and procedures for the exclusion and control of plant 
pests. The place of production must obtain material used to produce 
plants for planting from sources that are free of quarantine pests and 
that are approved by the NPPO of the exporting country and APHIS. All 
sources of plants for planting and the phytosanitary status of those 
plants must be well-documented and the program for producing plants for 
planting carefully monitored.
    (2) Training. A training program approved by the NPPO of the 
exporting country and APHIS must be established, documented, and 
regularly conducted at the place of production. The training program 
must ensure that all those involved in the export program possess 
specific knowledge related to the relevant components of the program 
and a general understanding of its requirements.
    (3) Internal audits. The place of production must perform, or 
designate parties to perform internal audits that ensure that a plan 
approved and documented by APHIS and the NPPO of the exporting country 
is being followed and is achieving the appropriate level of pest 
management.
    (4) Traceability. The place of production must implement a 
procedure approved by APHIS and the NPPO of the exporting country or 
its designee

[[Page 11863]]

that documents and identifies plants from propagation through harvest 
and sale to ensure that plants can be traced forward and back from the 
place of production. Depending on the nature of the quarantine pests, 
the system may need to account for:
    (i) The origin and pest status of mother stock;
    (ii) The year of propagation and the place of production of all 
plant parts that make up the plants for planting intended for export;
    (iii) Geographic location of the place of production;
    (iv) Location of plants for planting within the place of 
production;
    (v) The plant taxon; and
    (vi) The purchaser's identity.
    (5) Documentation of program procedures. The place of production 
must develop a manual approved by the NPPO of the exporting country and 
APHIS that guides the place of production's operation and that includes 
the following components:
    (i) Administrative procedures (including roles and responsibilities 
and training procedures);
    (ii) Pest management plan;
    (iii) Place of production internal audit procedures;
    (iv) Management of noncompliant product or procedures;
    (v) Traceability procedures; and
    (vi) Recordkeeping systems.
    (6) Records. A place of production must maintain records on its 
premises as specified by APHIS and the NPPO of the exporting country. 
These records must be made available to APHIS and the NPPO of the 
exporting country upon request. These documents include all the 
elements described in this paragraph (a) and copies of all internal and 
external audit documents and reports.
    (b) Responsibilities of APHIS and the NPPO of the exporting 
country. APHIS and the NPPO of the exporting country are responsible 
for collaborating to establish program requirements, including 
workplans and compliance agreements as necessary, for recognizing and 
implementing particular import programs. Technically justified 
modifications to the program may be negotiated. The administration of 
program requirements must include such elements as clarification of 
terminology, testing and retesting requirements, eligibility, the 
nomenclature of certification levels, horticultural management, 
isolation and sanitation requirements, inspection, documentation, 
identification and labeling, quality assurance, noncompliance and 
remedial measures, and postentry quarantine requirements. The criteria 
for approving, suspending, removing, and reinstating approval for a 
particular program should be jointly developed and agreed upon by APHIS 
and the NPPO of the exporting country. Information should be exchanged 
between APHIS and the NPPO of the exporting country through officially 
designated points of contact.
    (c) Responsibilities of the NPPO of the exporting country. (1) The 
NPPO of the exporting country must provide sufficient information to 
APHIS to support the evaluation and acceptance of export programs. This 
may include:
    (i) Specific identification of the commodity, place of production, 
and expected volume and frequency of consignments;
    (ii) Relevant production, harvest, packing, handling, and transport 
details;
    (iii) Pests associated with the plant including prevalence, 
distribution, and damage potential;
    (iv) Risk management measures proposed for a pest management 
program; and
    (v) Relevant efficacy data.
    (2) A phytosanitary certificate should be issued by the NPPO of the 
exporting country unless APHIS and the NPPO of the exporting country 
agree to use other documentation in accordance with Sec.  319.37-6(c).
    (3) Other responsibilities of the NPPO of the exporting country 
include:
    (i) Establishing and maintaining compliance agreements as 
necessary;
    (ii) Oversight and enforcement of program provisions;
    (iii) Arrangements for monitoring and audit; and
    (iv) Maintaining appropriate records.
    (d) Responsibilities of plant brokers trading in plants for 
planting produced in accordance with integrated pest risk management 
measures. Plant brokers trading in plants for planting produced in 
accordance with integrated pest risk management measures must be 
approved by the NPPO of the exporting country or its designee. The list 
of plant brokers must be provided to APHIS upon request. Approval may 
only be conferred by the NPPO or its designee after the participant 
demonstrates that it can meet the requirements of this paragraph (d). 
Approval must be withdrawn if the participant fails to meet the 
conditions at any time. Plant brokers must ensure the traceability of 
export consignments to an approved place of production or production 
site. Brokers must maintain the phytosanitary status of the plants 
equivalent to an approved place of production from purchase, storage, 
and transportation to the export destination. Plant brokers must 
document these processes for verifying status and maintaining 
traceability.
    (e) External audits. APHIS and the NPPO of the exporting country 
will agree to the requirements for external audits.
    (1) APHIS audits. APHIS will evaluate the integrated pest risk 
management measures of the NPPO of the exporting country before 
acceptance. This could consist of documentation review, site visits, 
and inspection and testing of plants produced under the system. 
Following approval, APHIS or its designee will monitor and periodically 
audit the system to ensure that it continues to meet the stated 
objectives. Audits will include inspection of imported plants for 
planting, site visits, and review of the integrated pest risk 
management measures and internal audit processes of the place of 
production and the NPPO of the exporting country.
    (2) Audits by the NPPO of the exporting country. The NPPO must 
arrange for audits of the exporting system. Audits may be conducted by 
the NPPO or its designee and may consist of inspection and testing of 
plants for planting and the documentation and management practices as 
they relate to the program. Audits should verify that:
    (i) The places of production in the program are free of quarantine 
pests;
    (ii) Program participants are complying with the specified 
standards;
    (iii) The integrated pest management measures continue to meet 
APHIS requirements; and
    (iv) Arrangements with designees are complied with.
    (f) Noncompliance. (1) The exporting NPPO must notify APHIS of 
noncompliance within the integrity of the system or noncompliance by a 
place of production that affects the phytosanitary integrity of the 
commodity. The requirements for notification will be determined between 
the NPPO of the exporting country and APHIS.
    (2) Regulatory responses to program failures will be based on 
existing bilateral agreements. Contingency plans may be established in 
advance to ensure that alternative measures are available in the event 
that all or part of a program fails. APHIS will specify the 
consequences of noncompliance to the NPPO of the exporting country. The 
NPPO must specify the consequences of noncompliance to the participants 
in the program. These may vary depending on the nature and severity of 
the infraction. In addition, remedial measures should be specified to 
enable a suspended or decertified place of production or plant broker 
to become

[[Page 11864]]

eligible for reinstatement or recertification.
    (3) Places of production or plant brokers that do not meet the 
conditions of the program must be suspended. Plants for planting must 
not be exported from a place of production or a plant broker that has 
failed to meet the program requirements.
    (4) The effectiveness of remedial measures taken must be verified 
before reinstatement to the program by the exporting NPPO and, where 
appropriate, by APHIS.

(Approved by the Office of Management and Budget under control 
number 0579-0190)

Sec.  319.37-22   Trust fund agreements.

    If APHIS personnel need to be physically present in an exporting 
country or region to facilitate the exportation of plants for planting 
and APHIS services are to be funded by the NPPO of the exporting 
country or a private export group, then the NPPO or the private export 
group must enter into a trust fund agreement with APHIS that is in 
effect at the time APHIS' services are needed. Under the agreement, the 
NPPO of the exporting country or the private export group must pay in 
advance all estimated costs that APHIS expects to incur in providing 
inspection services in the exporting country. These costs will include 
administrative expenses incurred in conducting the services 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 services. 
The agreement must require the NPPO of the exporting country or region 
or a private export group to deposit a certified or cashier's check 
with APHIS for the amount of those costs, as estimated by APHIS. The 
agreement must further specify that, if the deposit is not sufficient 
to meet all costs incurred by APHIS, the NPPO of the exporting country 
or a private export group must deposit with APHIS, before the services 
will be completed, a certified or cashier's check for the amount of the 
remaining costs, as determined by APHIS. After a final audit at the 
conclusion of each shipping season, any overpayment of funds would be 
returned to the NPPO of the exporting country or region or a private 
export group, or held on account.

(Approved by the Office of Management and Budget under control 
number 0579-0190)

Sec.  319.37-23  Postentry quarantine.

    (a) Postentry quarantine. One specific restriction that may be 
placed upon the importation of a type of plants for planting in 
accordance with Sec.  319.37-20 is that it be grown in postentry 
quarantine. The Plants for Planting Manual lists the taxa required to 
be imported into postentry quarantine. Plants for planting grown in 
postentry quarantine must be grown under postentry quarantine 
conditions specified in paragraphs (c) and (d) of this section, and may 
be imported or offered for importation into the United States only:
    (1) If destined for a State that has completed a State postentry 
quarantine agreement with APHIS in accordance with paragraph (b) of 
this section;
    (2) If an importer postentry quarantine growing agreement has been 
completed and submitted to Plant Protection and Quarantine in 
accordance with paragraph (c) of this section. The agreement must be 
signed by the person (the importer) applying for the importation of the 
plants for planting in accordance with Sec.  319.6; and,
    (3) If Plant Protection and Quarantine has determined that the 
completed postentry quarantine growing agreement fulfills the 
applicable requirements of this section and that services by State 
inspectors are available to monitor and enforce the postentry 
quarantine.
    (b) State postentry quarantine agreement. Plants for planting 
required to undergo postentry quarantine in accordance with Sec.  
319.37-20 may only be imported if destined for postentry quarantine 
growing in a State which has entered into a written agreement with the 
Animal and Plant Health Inspection Service, signed by the Administrator 
or his or her designee and by the State Plant Regulatory Official. In 
accordance with the laws of individual States, inspection and other 
postentry quarantine services provided by a State may be subject to 
charges imposed by the State. A list of States that have entered into a 
postentry quarantine agreement in accordance with this paragraph can be 
found in the Plants for Planting Manual.
    (c) Importer postentry quarantine growing agreements. Any plants 
for planting required to be grown under postentry quarantine 
conditions, as well as any increase therefrom, shall be grown in 
accordance with an importer postentry quarantine growing agreement 
signed by the person (the importer) applying for a written permit in 
accordance with Sec.  319.37-5 for importation of the plants for 
planting and submitted to Plant Protection and Quarantine. On each 
importer postentry quarantine growing agreement, the person shall also 
obtain the signature of the State Plant Regulatory Official for the 
State in which plants for planting covered by the agreement will be 
grown. The importer postentry quarantine growing agreement shall 
specify the kind, number, and origin of plants to be imported; the 
conditions specified in the Plants for Planting Manual under which the 
plants for planting will be grown, maintained, and labeled; and the 
reporting requirements in the case of abnormal or dead plants for 
planting. The agreement shall certify to APHIS and to the State in 
which the plants for planting are grown that the signer of the 
agreement will comply with the conditions of the agreement for the 
postentry quarantine growing period prescribed for the type of plants 
for planting in the Plants for Planting Manual.
    (d) Applications for permits. A completed importer postentry 
quarantine agreement shall accompany the application for a written 
permit for plants for planting required to be grown under postentry 
quarantine conditions. Importer postentry quarantine agreement forms 
are available without charge from the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, Permit Unit, 4700 
River Road, Unit 136, Riverdale, MD 20737-1236 or on the internet at 
http://www.aphis.usda.gov/permits/ppq_epermits.shtml.
    (e) Inspector-ordered disposal, movement, or safeguarding of plants 
for planting; costs and charges, civil and criminal liabilities--(1) 
Growing at unauthorized sites. If an inspector determines that any 
plants for planting subject to the postentry quarantine growing 
requirements of this section, or any increase therefrom, is being grown 
at an unauthorized site, the inspector may file an emergency action 
notification (PPQ Form 523) with the owner of the plants for planting 
or the person who owns or is in possession of the site on which the 
plants for planting is being grown. The person named in the PPQ Form 
523 must, within the time specified in PPQ Form 523, sign a postentry 
quarantine growing agreement, destroy, ship to a point outside the 
United States, move to an authorized postentry quarantine site, and/or 
apply treatments or other safeguards to the plants for planting, the 
increase therefrom, or any portion of the plants for planting or the 
increase therefrom, as prescribed by an inspector to prevent the 
introduction of quarantine pests into the United States. In choosing 
which action to order and in setting the time limit for the action, the 
inspector shall consider the degree of pest risk presented by the 
quarantine pests associated with the type of plants

[[Page 11865]]

for planting (including increase therefrom), the types of other host 
materials for the pest in or near the growing site, the climate and 
season at the site in relation to the pest's survival, and the 
availability of treatment facilities.
    (2) Growing at authorized sites. If an inspector determines that 
any plants for planting, or any increase therefrom, grown at a site 
specified in an authorized postentry quarantine growing agreement is 
being grown contrary to the provisions of this section, including in 
numbers greater than the number approved by the postentry quarantine 
growing agreement, or in a manner that otherwise presents a risk of 
introducing quarantine pests into the United States, the inspector 
shall issue an emergency action notification (PPQ Form 523) to the 
person who signed the postentry quarantine growing agreement. That 
person shall be responsible for carrying out all actions specified in 
the emergency action notification. The emergency action notification 
may extend the time for which the plants for planting and the increase 
therefrom must be grown under the postentry quarantine conditions 
specified in the authorized postentry quarantine growing agreement, or 
may require that the person named in the notification must destroy, 
ship to a point outside the United States, or apply treatments or other 
safeguards to the plants for planting, the increase therefrom, or any 
portion of the plants for planting or the increase therefrom, within 
the time specified in the emergency action notification. In choosing 
which action to order and in setting the time limit for the action, the 
inspector shall consider the degree of pest risk presented by the 
quarantine pests associated with the type of plants for planting 
(including increase therefrom), the types of other host materials for 
the pest in or near the growing site, the climate and season at the 
site in relation to the pest's survival, and the availability of 
treatment facilities.
    (3) Costs and charges. All costs pursuant to any action ordered by 
an inspector in accordance with this section shall be borne by the 
person who signed the postentry quarantine growing agreement covering 
the site where the plants for planting were grown, or if no such 
agreement was signed, by the owner of the plants for planting at the 
growing site.

(Approved by the Office of Management and Budget under control 
number 0579-0190)

0
13. Section 319.40-2 is amended by revising paragraph (c) to read as 
follows:


Sec.  319.40-2   General prohibitions and restrictions; relation to 
other regulations.

* * * * *
    (c) Regulation of articles imported for propagation or human 
consumption. The requirements of this subpart do not apply to regulated 
articles that are allowed importation in accordance with Subpart--
Plants for Planting of this part or to regulated articles imported for 
human consumption that are allowed importation in accordance with 
Subpart--Fruits and Vegetables of this part.
* * * * *

0
14. Section 319.41 is amended as follows:
0
a. By redesignating paragraph (d) as paragraph (e); and
0
b. By adding a new paragraph (d).
    The addition reads as follows:


Sec.  319.41   Notice of quarantine.

* * * * *
    (d) The importation of plants (including any plant parts) of any of 
the taxa listed in paragraph (b) of this section that are for planting 
or capable of being planted is restricted under

Subpart--Plants for Planting of this part.

* * * * *


Sec.  319.41a   [Amended]

0
15. In Sec.  319.41a, paragraph (b) is amended by removing the citation 
``Sec.  319.37-4(a)'' and adding the citation ``Sec.  319.37-6(a)'' in 
its place.

0
16. Section 319.55 is amended as follows:
0
a. By revising paragraphs (a) and (b);
0
b. By redesignating paragraph (d) as paragraph (e); and
0
c. By adding a new paragraph (d).
    The revisions and addition read as follows:


Sec.  319.55   Notice of quarantine.

    (a) The fact has been determined by the Secretary of Agriculture, 
and notice is hereby given:
    (1) That injurious fungal diseases of rice, including downy mildew 
(Sclerospora macrospora), leaf smut (Entyloma oryzae), blight (Oospora 
oryzetorum), and glume blotch (Melanomma glumarum), as well as 
dangerous insect pests, new to and not heretofore widely prevalent or 
distributed within and throughout the United States, exist, as to one 
or more of such diseases and pests, in Europe, Asia, Africa, Central 
America, South America, and other foreign countries and localities, and 
may be introduced into this country through importations of rice straw 
and rice hulls; and
    (2) That the unrestricted importation of rice straw and rice hulls 
may result in the entry into the United States of the injurious plant 
diseases heretofore enumerated, as well as insect pests.
    (b) To prevent the introduction into the United States of the plant 
pests and diseases indicated above, the Secretary has determined that 
it is necessary to restrict the importation of rice straw and rice 
hulls from all foreign locations, except as otherwise provided in this 
subpart.
* * * * *
    (d) The importation of seed or paddy rice is restricted under 
Subpart--Plants for Planting of this part.
* * * * *


Sec.  319.55-2   [Amended]

0
17. Section 319.55-2 is amended by removing the words ``seed or paddy 
rice from Mexico or'' and the words ``from any country''.


Sec.  319.55-3  [Amended]

0
18. Section 319.55-3 is amended as follows:
0
a. By removing paragraph (a) and redesignating paragraphs (b), (c), and 
(d) as paragraphs (a), (b), and (c), respectively;
0
b. In newly redesignated paragraph (a), by removing the words ``from 
all foreign countries''; and
0
c. In newly redesignated paragraph (b), by removing the words ``seed or 
paddy rice,'' and by removing the comma after the word ``straw''.


Sec.  319.55-6   [Amended]

0
19. Section 319.55-6 is amended as follows:
0
a. By removing and reserving paragraph (a);
0
b. By redesignating paragraphs (c)(1) and (2) as paragraphs (b)(3) and 
(4), respectively; and
0
c. By removing the designation and heading of paragraph (c).

0
20. Section 319.55-7 is revised as follows:


Sec.  319.55-7   Importations by mail.

    Importations of rice straw and rice hulls may be made by mail or 
cargo, provided that a permit has been issued for the importation in 
accordance with Sec. Sec.  319.7 through 319.7-5 and all conditions of 
the permit are met.

(Approved by the Office of Management and Budget under control 
number 0579-0049)

Sec.  319.56-10   [Amended]

0
21. In Sec.  319.56-10, paragraph (a)(2) is amended by removing the 
words ``Sec.  319.37-2 of this part'' and adding the citation ``Sec.  
319.37-20'' in their place.

[[Page 11866]]

Sec.  319.56-11  [Amended]

0
22. In Sec.  319.56-11, paragraph (b)(3) is amended by removing the 
words ``Sec. Sec.  319.37 through 319.37-14 of this part'' and adding 
the words ``Sec. Sec.  319.37-1 through 319.37-23'' in their place.


Sec.  319.59-1   [Amended]

0
23. In Sec.  319.59-1, the definition of grain is amended by adding the 
words ``and not for planting'' before the period.

0
24. Section 319.59-2 is amended as follows:
0
a. By removing and reserving paragraph (a);
0
b. In paragraph (b) introductory text, by removing the words ``Triticum 
spp. plants, articles'' and adding the word ``Articles'' in their 
place;
0
c. In paragraph (b)(1), by removing the words ``Sec.  319.37-14 of this 
part'' and adding the words ``accordance with Sec.  319.37-8(a)'' in 
their place; and
0
d. By adding paragraph (c).
    The addition reads as follows:


Sec.  319.59-2   General import prohibitions; exceptions.

* * * * *
    (c) The importation of any host crops (including seed and any other 
plant parts) that are for planting or capable of being planted is 
restricted under Subpart--Plants for Planting of this part.

0
25. Section 319.59-3 is amended by revising paragraph (a) to read as 
follows:


Sec.  319.59-3  Articles prohibited importation pending risk 
evaluation.

* * * * *
    (a) The following articles of Triticum spp. (wheat) or of Aegilops 
spp. (barb goatgrass, goatgrass): Straw (other than straw, with or 
without heads, which has been processed or manufactured for use 
indoors, such as for decorative purposes or for use in toys); chaff; 
and products of the milling process (i.e., bran, shorts, thistle 
sharps, and pollards) other than flour.
* * * * *


Sec.  319.59-4   [Amended]

0
26. In Sec.  319.59-4, paragraph (a)(2) is amended by removing the word 
``seed,''.


Sec.  319.69a   [Amended]

0
27. In Sec.  319.69a, paragraph (c) is amended by removing the citation 
``Sec.  319.37-9'' and adding the citation ``Sec.  319.37-11'' in its 
place.


Sec.  319.73-1   [Amended]

0
28. In Sec.  319.73-1, the definition of unroasted coffee is amended by 
adding the words ``intended for processing'' before the period.

0
29. Section 319.73-2 is amended by revising paragraphs (a)(2) and (b) 
to read as follows:


Sec.  319.73-2   Products prohibited importation.

    (a) * * *
    (2) Coffee leaves; and
* * * * *
    (b) The importation of any coffee plants (including bare seeds, 
seeds in pulp, and any other plant parts) that are for planting or 
capable of being planted is restricted under Subpart--Plants for 
Planting of this part.


Sec.  319.74-1  [Amended]

0
30. In Sec.  319.74-1, the definition of cut flower is amended by 
adding the words ``and not for planting'' after the word ``state''.


Sec.  319.75 [Amended]  

0
31. In Sec.  319.75, paragraph (c)(2) is amended by removing the 
citation ``Sec.  319.37-14'' and adding the words ``accordance with 
Sec.  319.37-8(a)'' in its place.


Sec.  319.75-1   [Amended]

0
32. Section 319.75-1 is amended by removing the definition of nursery 
stock.

0
33. Section 319.75-2 is amended by revising footnote 1 to read as 
follows:


Sec.  319.75-2   Restricted articles.1

* * * * *

    \1\ The importation of restricted articles may be subject to 
prohibitions or restrictions under other provisions of 7 CFR part 
319. For example, fresh whole chilies (Capsicum spp.) and fresh 
whole red peppers (Capsicum spp.) from Pakistan are prohibited from 
being imported into the United States under the provisions of 
Subpart--Fruits and Vegetables of this part, and the importation of 
any restricted articles that are for planting or capable of being 
planted is restricted under Subpart--Plants for Planting of this 
part.


Sec.  319.75-8   [Amended]

0
34. Section 319.75-8 is amended by removing the words ``port of entry 
identified in Sec.  319.37-14 of this part'' and adding the words 
``Customs designated port of entry indicated in 19 CFR 101.3(b)(1)'' in 
their place.


Sec.  319.75-9  [Amended]

0
35. In Sec.  319.75-9, paragraphs (a), (b), and (c) are amended by 
removing the words ``nursery stock, plant,'' and the words ``root, 
bulb,'' each time they occur.


Sec.  319.77-2  [Amended]

0
36. Section 319.77-2 is amended as follows:
0
a. In the introductory text, by removing the words ``through (g)'' and 
adding the words ``through (e)'' in their place; and
0
b. By removing paragraphs (b) and (c) and redesignating paragraphs (d) 
through (h) as (b) through (f), respectively.

0
37. Section 319.77-4 is amended as follows:
0
a. By revising footnote 1;
0
b. In paragraphs (a)(1) introductory text and (a)(2) introductory text, 
by removing the words ``, trees with roots, and shrubs with roots and 
persistent woody stems'' each time they occur; and
0
c. In paragraphs (a)(2)(i) and (ii), by removing the words ``or 
shrubs'' each time they occur.
    The revision reads as follows:


Sec.  319.77-4   Conditions for the importation of regulated articles.

    (a) Trees and shrubs.1

* * * * *

    \1\ Trees and Shrubs from Canada may be subject to additional 
restrictions under ``Subpart--Logs, Lumber, and Other Unmanufactured 
Wood Articles'' (Sec. Sec.  319.40-1 through 319.40-11).

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

0
38. 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.


Sec.  330.300a  [Amended]

0
39. In Sec.  330.300a, footnote 1 is amended by removing the words ``by 
Sec.  319.37-5'' and adding the words ``under Sec. Sec.  319.37-1 
through 319.37-23'' in their place.

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
40. 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.  340.0  [Amended]

0
41. In Sec.  340.0, footnote 1 is amended as follows:
0
a. By removing the words ``Nursery Stock, Plants, Roots, Bulbs, Seeds, 
and Other Plant Products'' and adding the words ``Plants for Planting'' 
in their place;
0
b. By removing the citation ``7 CFR 319.37-3'' and adding the words 
``Sec.  319.37-5 of this chapter'' in its place;
0
c. By removing the words ``nursery stock'' both times they appear and

[[Page 11867]]

adding the words ``plants for planting'' in their place; and
0
d. By removing the words ``stock is'' and adding the words ``plants 
are'' in their place.


Sec.  340.4   [Amended]

0
42. In Sec.  340.4, paragraph (f)(11)(i) is amended by removing the 
citation ``Sec.  319.37-14'' and adding the words ``accordance with 
Sec.  319.37-8(a)'' in its place.


Sec.  340.7   [Amended]

0
43. In Sec.  340.7, paragraph (b) introductory text is amended by 
removing the citation ``Sec.  319.37-14'' and adding the words 
``accordance with Sec.  319.37-8(a)'' in its place.

PART 360--NOXIOUS WEED REGULATIONS

0
44. The authority citation for part 360 continues to read as follows:

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


Sec.  360.400   [Amended]

0
45. In Sec.  360.400, paragraph (a)(2) is amended by removing the 
citation ``Sec.  319.37-6'' and adding the words ``Sec.  319.37-9(c) of 
this chapter'' in its place, and by removing the citation ``Sec.  
319.37-13(c)'' and adding the citation ``Sec.  319.37-9(c)'' in its 
place.

PART 361--IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED 
ACT

0
46. The authority citation for part 361 continues to read as follows:

    Authority:  7 U.S.C. 1581-1610; 7 CFR 2.22, 2.80, and 371.3.


Sec.  361.2   [Amended]

0
47. In Sec.  361.2, paragraph (d) is amended by removing the words 
``restrictions of Sec.  319.37-3(a)(7)'' and adding the words ``permit 
requirements of Sec.  319.37-5 of this chapter'' in their place.

    Done in Washington, DC, this 9th day of March 2018.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2018-05424 Filed 3-16-18; 8:45 am]
 BILLING CODE 3410-34-P