[Federal Register Volume 68, Number 161 (Wednesday, August 20, 2003)]
[Rules and Regulations]
[Pages 50039-50048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21304]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 68, No. 161 / Wednesday, August 20, 2003 /
Rules and Regulations
[[Page 50039]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 300 and 319
[Docket No. 98-062-2]
RIN 0579-AB23
Update of Nursery Stock Regulations
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations for importing nursery stock to
require additional certifications for imported niger seed and lilac, to
reflect changes in plant taxonomy and pest distributions, and to make
various changes to the requirements for postentry quarantine of
imported plants. We are also making several other changes to update and
clarify the regulations and improve their effectiveness. This action is
necessary to update the existing regulations and make them easier to
understand and implement.
DATES: This regulation is effective September 19, 2003. The
incorporation by reference of the material described in the rule is
approved by the Director of the Federal Register as of September 19,
2003.
FOR FURTHER INFORMATION CONTACT: Mr. William Thomas, Import Specialist,
Phytosanitary Issues Management Team, PPQ, APHIS, 4700 River Road Unit
140, Riverdale, MD 20737-1236; (301) 734-5214.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 319 prohibit or restrict the
importation of certain plants and plant products into the United States
to prevent the introduction of plant pests. The regulations contained
in ``Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other
Plant Products,'' Sec. Sec. 319.37 through 319.37-14 (referred to
below as the regulations), restrict, among other things, the
importation of living plants, plant parts, and seeds for propagation.
On December 28, 2001, we published in the Federal Register (66 FR
67123-67134, Docket No. 98-062-1) a proposal to amend the regulations
to require additional certifications for imported niger seed and lilac,
to reflect changes in plant taxonomy and pest distributions, and to
make various changes to the requirements for postentry quarantine of
imported plants. We also proposed several other amendments to update
and clarify the regulations and improve their effectiveness.
We solicited comments concerning our proposal for 60 days ending
February 26, 2002. We received 15 comments by that date. They were from
import treatment firms and representatives of State and foreign
governments. Their concerns are discussed below by topic.
Changes in Taxonomy
Comment: Although some years ago botanists proposed transferring
certain species in Chyrsanthemum to Dendranthema, the International
Botanical Congress, which sets the standards for botanical
nomenclature, has accepted the proposal that these species again be
included in Chrysanthemum. Notice of this change was published in:
Brummitt, D. (1997) ``Chrysanthemum once again,'' Garden (London) 122
(9), 662-663; Royal Botanic Gardens, Kew, Richmond, Surrey, UK. The
Animal and Plant Health Inspection Service (APHIS) should withdraw its
proposal to transfer species from Chrysanthemum to other genera to
reflect this information.
Response: We agree that the changes in taxonomy in the proposed
rule were based on outdated information, and data from the Germplasm
Resources Information Network of the Agricultural Research Service
supports this commenter's assertion. Therefore, under this final rule,
all but two of the plant species we had proposed to transfer to the
genera Ajania, Dendranthema, Leucanthemella, and Nipponanthemum will
continue to be referred to as Chrysanthemum spp. However, the Germplasm
Resources Information Network indicates that the nippon daisy and the
giant daisy are still assigned to Nipponanthemum nipponicum and
Leucanthemella serotina, respectively. Therefore, in this final rule,
we have added these two species to the list of prohibited articles in
Sec. 319.37-2, the list of articles eligible to be imported under the
restrictions in Sec. 319.37-5(c), and the list of articles subject to
postentry quarantine in Sec. 319.37-7.
We will continue to list Dendranthema spp. in the regulations
because Dendranthema is widely used as a synonym for Chrysanthemum
among importers.
Treatments Performed Outside the United States
We proposed to require that treatments performed outside the United
States be monitored and certified by an APHIS inspector or an official
of the plant protection service of the country exporting the regulated
articles to the United States. We further proposed to require, in cases
where an official of the exporting country monitors and certifies
treatment, that the official issue a phytosanitary certificate that
includes a declaration that the regulated articles have been treated in
accordance with the Plant Protection and Quarantine (PPQ) Treatment
Manual.
Comment: The requirement that treatments performed outside the
United States be certified as having been performed ``in accordance
with the Plant Protection and Quarantine Treatment Manual'' is
prejudicial to the principle of equivalence, as enumerated in the World
Trade Organization (WTO) Agreement on the Application of Sanitary and
Phytosanitary Measures and the International Plant Protection
Convention's Guidelines for Phytosanitary Certificates. Wording such as
``Treatments must be conducted in accordance with the Plant Protection
and Quarantine Treatment Manual or by using a method providing an
equivalent level of phytosanitary protection'' would be preferred.
Response: The WTO agreement referred to by the commenter states
that differing phytosanitary measures shall be considered equivalent
``if the exporting Member objectively demonstrates to the importing
Member that its measures achieve the importing Member's appropriate
level of sanitary
[[Page 50040]]
or phytosanitary protection.'' If a country exporting to the United
States requests that APHIS recognize its phytosanitary treatments as
equivalent to those in the PPQ Treatment Manual, APHIS will evaluate
the exporting country's phytosanitary treatments according to the above
principle and amend the regulations to declare equivalence if the
evidence warrants it. In the absence of such a request, APHIS will
require that treatments performed outside the United States be
performed in accordance with the PPQ Treatment Manual.
Treatment of Niger Seed
We proposed to amend the regulations to allow niger seed to be
imported into the United States if it is heat treated prior to shipment
to the United States in accordance with the PPQ Treatment Manual at a
facility that has been approved by APHIS. The facility would be
required to operate in compliance with a written agreement with the
plant protection service of the exporting country, in which the
treatment facility owner agrees to (1) comply with the applicable APHIS
regulations and treatment requirements and (2) allow APHIS inspectors
and representatives of the plant protection service of the exporting
country access to the treatment facility as necessary to monitor
compliance with the regulations.
Comment: Facilities outside the United States should not be allowed
to treat niger seed for export to the United States because their lower
labor costs and ability to sell directly to importing customers give
them a competitive advantage over U.S. treatment facilities. This would
result in a loss of jobs and business at niger seed treatment
facilities in the United States.
Response: The objective of our regulatory restrictions on niger
seed is to ensure that noxious weeds do not enter the United States via
imports. APHIS has determined that allowing facilities outside the
United States to treat niger seed before it is imported to the United
States would provide the same degree of protection against noxious weed
entry as allowing facilities inside the United States to treat niger
seed after it has been imported.
Comment: Facilities that treat niger seed outside the United States
lack adequate oversight to ensure safety. Sampling procedures used to
verify the efficacy of treatment may not be properly implemented by
these facilities. APHIS inspectors should enforce PPQ Treatment Manual
standards at the facilities in question.
Response: The commenters did not provide any specific information
to support their claims regarding inadequate oversight at foreign
facilities that treat niger seed. However, if we find that oversight is
inadequate at any facility that treats niger seed outside the United
States, we have the option of rescinding the written agreement that
allows that facility to treat niger seed for export to the United
States. As noted previously, APHIS inspectors will have the option of
visiting treatment facilities outside the United States to ensure that
the treatment prescribed for niger seed is being performed properly.
Niger seed treated outside the United States will be sampled and
inspected when it enters the United States to ensure that it is free of
seeds of noxious weeds at the same rate as niger seed treated within
the United States is sampled and inspected to ensure that it is free of
noxious weeds. We believe that the oversight provided by APHIS and the
plant protection service of the exporting country, coupled with
sampling and inspection at the port of entry, will be adequate to
determine whether niger seed treatment facilities outside the United
States are operating in accordance with the requirements of the
regulations.
Comment: Importing niger seed treated at facilities outside the
United States and allowing it to be sold directly to import customers
will make tracking the movement of imported niger seed within the
United States difficult. If noxious weeds were to enter the country
along with niger seed treated outside the United States, it would be
difficult to determine their origin.
Response: Once niger seed enters the country and has been released
from the port of entry following inspection, it may move freely within
the country. Restricting its movement when there is no evidence
indicating a risk of noxious weed infestation would constitute an
unwarranted restraint of trade.
Treatment of Lilac from the Netherlands
The regulations at Sec. 319.37-5(i) prohibit the importation of
plants of the genus Syringa (lilac) from the Netherlands unless, at the
time of arrival in the United States, the phytosanitary certificate
accompanying the plants contains a declaration stipulating that, among
other requirements, the plants were grown in soil that was fumigated
with methyl bromide according to certain conditions. The Government of
the Netherlands has requested that APHIS provide an alternative to
treating the soil with methyl bromide, since the use of methyl bromide
is no longer permitted in the Netherlands. We proposed to allow the
soil in which the lilacs are grown to be certified free of viruliferous
nematodes and other plant pests by the plant protection service of the
Netherlands. For this certification to be valid, we would require that
the soil be sampled and microscopically inspected by the plant
protection service of the Netherlands within 12 months preceding the
issuance of the certification.
Comment: It is highly unlikely that requiring that the soil in
which lilacs from the Netherlands are grown be sampled and
microscopically inspected would be an adequate risk mitigation measure
for nematode infestation. It is well documented that air-dried golden
nematode cysts can remain viable for several years and that practical
and technical limitations can drastically reduce the detection efficacy
of soil sampling and processing when cyst populations are low. The
proposal is also inconsistent with the golden nematode regulations in
APHIS' domestic quarantine notices (7 CFR 301.85(b)), which restrict
the interstate movement of specified regulated articles within the
United States, including soil. APHIS should consider restricting the
importation of plants grown in field soil from the Netherlands and all
other countries infested with potato cyst nematodes (Globodera
rostochiensis and G. pallida) unless plants are grown in greenhouses on
raised benches in a growing medium approved under Sec. 319.37-8(e)(1).
Response: Under Sec. 319.37-5(a), APHIS currently requires a soil-
sampling regimen similar to that which we describe for lilacs to be
undertaken by the plant protection service of the Netherlands to ensure
that other products, notably bulbs, from the Netherlands are not grown
in soil infested with nematodes. This paragraph states: ``Any
restricted article * * * from a country listed below [of which the
Netherlands is one], at the time of arrival at the port of first
arrival in the United States shall be accompanied by a phytosanitary
certificate of inspection which shall contain an accurate additional
declaration that such article was grown on land which had been sampled
and microscopically inspected by the plant protection service of the
country in which grown within 12 months preceding issuance of the
certificate and found free from * * * Globodera rostochiensis (Woll.)
Behrens and G. pallida.'' This requirement has successfully prevented
the introduction of nematodes associated with
[[Page 50041]]
infestations on bulbs from the Netherlands into the United States.
Like bulbs, lilacs from the Netherlands are imported without soil,
thus limiting possible sites for nematode cyst infestation to the roots
of the plants themselves. Additionally, the lilacs will be screened for
nematode cysts at plant inspection stations at ports of entry in the
United States. If nematode cysts were found on lilacs from the
Netherlands at a plant inspection station, the lilacs would be denied
entry. Given the facts discussed above, we believe requiring that the
soil be sampled and inspected annually will adequately mitigate the
risk of a potential potato cyst nematode introduction.
Comment: The proposal gives no consideration for the potential for
infestation by other endoparasitic plant pathogenic nematodes that were
likely kept under control by fumigation.
Response: We are not aware of any other plant pathogenic nematodes
from the Netherlands that are of concern to us. If such nematodes are
brought to our attention, we will address the problem in a separate
rule.
Comment: The proposed 12-month sampling period is dangerously long
and might allow for re-infestation by plant parasitic nematodes. A 30-
day sampling period would substantially decrease this risk.
Response: The 12-month sampling period is a general standard for
soil sampling for golden nematodes, as expressed in Sec. 319.37-5(a).
The Netherlands is one of the countries whose restricted nursery stock
articles are regulated under Sec. 319.37-5(a), and the 12-month
sampling period has been effective in preventing the introduction of
nematodes due to infestations on products other than lilacs. We believe
that the 12-month sampling period will be adequate to guard against the
introduction of the golden nematode due to infestation on lilacs
imported from the Netherlands as well.
Comment: The term ``viruliferous nematodes,'' as used in paragraph
two of the proposed rule's ``Treatment of the Lilac'' section, could be
misleading. The term as used here is likely intended to designate a
virulent organism, one capable of infecting and reproducing on a plant.
If this is the case, ``viruliferous nematodes'' could refer to all
plant parasitic nematodes. However, among nematologists and plant
virologists, the widely accepted, more restricted usage for the word
``viruliferous'' would refer to a nematode species capable of vectoring
a plant virus. To avoid confusion, APHIS should substitute ``plant
parasitic nematodes'' where this is the intended meaning.
Response: We agree that ``plant parasitic nematodes'' is a more
accurate term than ``viruliferous nematodes'' and have changed the
regulatory text in this document accordingly.
Peanut Stripe Virus
The regulations in Sec. 319.37-2(a) prohibit the importation of
seeds of the genus Arachis (peanut) from India, Indonesia, Japan, the
People's Republic of China, the Philippines, Taiwan, and Thailand due
to the existence of peanut stripe virus in those regions. We proposed
removing the prohibition on the importation of peanuts from all of
those regions except India because the peanut stripe virus is now
reported to occur in seven of the nine peanut-producing States in the
United States, and is widely prevalent in two of those States (Georgia
and Virginia).
Comment: Allowing peanut seeds to be imported from Asia could allow
insect pests that are not known to occur in the United States but cause
serious damage to peanut seed and other oilseed crops in Asia and
Africa, such as Elasmolomus pallens, to enter the United States. The
proposed rule does not address this issue.
Response: In response to this comment, we are withdrawing this
portion of the proposed rule. We plan to conduct a full risk assessment
on importing peanut seed from Asia to determine the risk such imports
might present to U.S. peanut and oilseed stock.
Postentry Quarantine Regulations
The regulations in Sec. 319.37-7(d)(4) have required that
restricted articles that are grown in postentry quarantine be kept at
least 3 meters (approximately 10 feet) apart from: (1) Any domestic
plant or plant product of the same genus and (2) any other imported
plant or plant product.
We proposed to require that restricted articles that are grown in
postentry quarantine be kept at least 3 meters apart from any other
plant or plant product, whether domestic or imported, regardless of
genus, unless the plants or plant products: (1) Are of the same genus,
(2) enter postentry quarantine together, and (3) arrived together in a
single shipment from a foreign region. This change would protect
against the possibility that pests could spread from one shipment of
plants under postentry quarantine to other plants or plant products,
regardless of genera, that could host such pests.
Comment: The current requirement that restricted articles that are
grown in postentry quarantine be kept 3 meters apart is adequate to
prevent the spread of relatively immobile pests like nematodes, but
does not protect adequately against the spread of insect-vectored
pathogens and insect pests. The majority of plant genera should be
required to be grown in a screenhouse or enclosed greenhouse during
postentry quarantine.
Response: We believe that the requirements we proposed will protect
domestic plants. While requiring many or most plants to be grown in a
screenhouse or enclosed greenhouse may provide additional protection
against disease transmission, such a change to the regulations would
require careful evaluation and would also warrant the solicitation of
comments from interested and affected parties. Therefore, we cannot
address this comment in the present rule. We may consider such a
proposal in the future.
Miscellaneous Comments
Comment: The description of the area of Canada regulated for potato
cyst nematodes differs in Sec. 319.37-5(a) and Sec. 319.37-8(b). This
discrepancy needs to be clarified.
Response: On September 18, 1992, we published in the Federal
Register (57 FR 43134-43151) a final rule that, among other things,
amended Sec. 319.37-8(b) to update the description of the area on
Vancouver Island in which potato cyst nematodes occur. This change was
based on information supplied by the national plant protection
organization of Canada. At the time, we should have updated the
description of the same area that appears in Sec. 319.37-5(a), but we
failed to do so. Therefore, in this final rule, we are changing the
description of the area in which potato cyst nematodes occur in Sec.
319.37-5(a) to match the description found in Sec. 319.37-8(b).
Comment: The regulations currently prohibit the importation in
growing media of all plants produced in those regions of Canada that
are regulated for potato cyst nematodes into the United States. APHIS
should amend its regulations to provide for the importation from those
regions of plants produced in growth chambers and in artificial growing
media.
Response: We are currently preparing a proposed rule that addresses
this issue.
Comment: The regulations in Sec. 319.37-2 prohibit the importation
of Rosa spp. from Australia, Bulgaria, Italy, and New Zealand because
of rose wilt virus, and postentry quarantine is required by Sec.
319.37-6 for Rosa spp. from all other countries for the same reason.
Rose wilt is an undefined and
[[Page 50042]]
likely nonexistent agent, and should not be the subject of regulations.
Response: We are planning a risk assessment for roses to evaluate
rose wilt and other diseases. We cannot address this issue in the
present rule.
Comment: APHIS should consider regulating Phytophthora ramorum from
Europe, Pseudomonas avellana from Europe and Asia, and Anisogramma
anomola from Canada.
Response: APHIS is preparing regulations regarding the importation
of Phytophthora ramorum hosts from Europe. We are also considering
whether to take separate action on Pseudomonas avellana and Anisogramma
anomola. We are unable to address these pests in this rule as they are
beyond the scope of the proposed rule.
Comment: APHIS should consider a complete overhaul of its nursery
stock regulations.
Response: We are considering whether to make major changes in our
nursery stock regulations. If we decide to make such changes, we will
publish a separate rule to give the public an opportunity to comment on
those changes.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been reviewed under Executive Order 12866. The
rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
In accordance with 5 U.S.C. 604, we have performed a final
regulatory flexibility analysis, which is set out below, regarding the
economic effects of this rule on small entities.
Under the Plant Protection Act (7 U.S.C. 7701-7772), the Secretary
of Agriculture is authorized to regulate the importation of plants,
plant products, and other articles to prevent the introduction of plant
pests and noxious weeds.
We are amending the regulations for importing nursery stock to
require additional certifications for imported niger seed and lilac, to
reflect changes in plant taxonomy and pest distributions, and to make
various changes to the requirements for postentry quarantine of
imported plants. We are also making several other amendments to update
and clarify the regulations and improve their effectiveness. The
potential effects of the changes proposed in this document are
discussed below, by topic.
Treatment of Niger Seed
We are amending the regulations to allow niger seed to be imported
into the United States if it is treated at a treatment facility that
has been approved by APHIS. Under this amendment, niger seed can be
treated: (1) At the time of arrival at the port of first arrival in the
United States or (2) prior to shipment to the United States at a
treatment facility that has been approved by APHIS. Previously, the
regulations in Sec. 319.37-6(d) stated that imported niger seed must
be heat treated upon arrival in the United States.
This change could potentially affect U.S. firms that import and
treat niger seed. The treatment firms could suffer a loss in revenue,
but we believe that there are only two such firms in the United States,
and at least one of those firms is not small in size according to Small
Business Administration (SBA) criteria. It is likely that the other
treatment firm, whose size is unknown, will not be significantly
affected, because niger seed treatment likely accounts for only a small
portion of the firm's overall revenues. However, since we are unable to
estimate the amount of niger seed that would be treated prior to
shipment to the United States, we cannot determine the effect this rule
will have on domestic firms that treat niger seed.
As a group, importers in the United States will likely be
unaffected by this change, since it is not likely to affect the overall
volume of niger seed imported into the United States. However, this
change could result in new marketing and distribution channels that
could benefit some importers at the expense of others. We estimate that
there are fewer than 20 importers of niger seed in the United States.
However, data on the importers' size are not available, although we
expect at least some of the importers are likely to be small according
to SBA criteria.
We are also amending the heat treatment schedule for imported niger
seed. However, since the amendment to the treatment schedule only
involves a change in the required treatment temperature, and no change
in the type or duration of the treatment, we anticipate that existing
treatment facilities will not be affected by that change.
Lilac From the Netherlands
This rule allows the importation of lilac from the Netherlands
under new conditions due to the Netherlands' request for an alternative
to the use of methyl bromide as a fumigant of soil for lilac to be
exported to the United States. This change should have no effect on the
volume of lilac imported from the Netherlands, since it simply provides
a new mechanism for Dutch exporters to ship lilac without fumigating
the soil in which it is grown and, therefore, should have no effect on
U.S. entities, whether small or large.
Mango Seeds From the British Virgin Islands, Grenada, Trinidad and
Tobago, and St. Vincent and the Grenadines
This rule prohibits the importation of mango seeds from the British
Virgin Islands, Grenada, Trinidad and Tobago, and St. Vincent and the
Grenadines due to the risk of introducing the mango seed weevil,
Sternochetus mangiferae, into the United States. This change should
have little or no effect on U.S. consumers, importers, or producers,
due to the fact that the United States has historically imported a very
small volume of mangoes and mango seeds from those countries. Between
September 1, 1997, and May 31, 1998, the value of U.S. imports of fresh
mangoes (with seeds intact) from Trinidad and Tobago and Grenada was
approximately $20,000, or approximately 1 percent of the value of U.S.
fresh mango imports from all countries combined during that period.
During the same period, the United States imported no mangoes or mango
seeds from St. Vincent and the Grenadines. Data on imports of mango
seeds or fruit from the British Virgin Islands are not available.
Furthermore, the United States imported no seeds, fruit, or spores for
propagation from Trinidad and Tobago in 1997.
Willow From Belgium and Japan
This rule prohibits the importation of willow plants and plant
parts from Belgium and Japan due to the risk of introducing the
watermark disease of willow into the United States.
The United States has historically imported a very small volume of
willow plants and plant parts from Belgium and Japan. The value of live
trees and plants, including willow plants, imported into the United
States from Belgium and Japan in 1997 totaled only $3 million, or less
than 1 percent of the value of U.S. live tree and plant imports from
all countries combined that year. Since willow plants compose only a
small fraction of the plants imported from Belgium and Japan, this
change should have little or no effect on U.S. consumers, importers, or
producers.
[[Page 50043]]
Citrus Seeds From Gabon and Iran
This rule requires that seeds of all species of the plant family
Rutaceae (citrus) from Gabon and Iran be treated for citrus canker upon
arrival in the United States. This change should have no effect on U.S.
consumers, producers, or importers, since imports of Rutaceae (citrus)
from the two affected countries are nonexistent. Trade data for 1995 to
1997 show no U.S. imports of citrus fruit (fresh or dried) or seeds,
fruit, or spores for propagation from either of the two regions.
Growing Requirements for Hops
This rule requires that imported hops plants and plant parts be
grown and observed in postentry quarantine in an isolated growth
chamber for 6 months, and then transferred to a greenhouse to be grown
for an additional year.
Researchers and universities comprise the overwhelming bulk of
entities in the United States that grow imported hop plants and plant
parts. This change should have little or no effect on researchers,
since most already have the equipment and facilities to comply with the
rule's requirements. Accordingly, for most of the affected entities,
the cost to comply with the requirements will be minimal.
Commercial Shipments of Bulbs
This rule allows the importation of bulbs of the genera Crocosmia,
Gladiolus, and Watsonia in commercial shipments from Brazil, France,
Italy, Malta, Mauritius, and Portugal.
In 1998, the United States imported over $175 million worth of
bulbs and tubers. Imports from Brazil, France, Italy, Malta, Mauritius,
and Portugal together accounted for less than 1 percent of the total
bulb and tuber imports. Data on potential imports of bulbs that would
result from this change are not available. However, given the export
history of the countries affected, it is unlikely that this change will
have a significant impact on domestic bulb producers or bulb importers.
Additional Approved Growing Media and Packing Material
This rule adds stockosorb superabsorbent polymer, zeolite, coir,
and coal cinder to the list of growing media approved for the
importation of certain plants.
This change is not expected to result in increased U.S. imports of
plants in growing media; the expected result is a redistribution of the
existing volume of plant imports among a larger number of approved
growing media. Accordingly, the addition of these types of growing
media should have no economic effect on U.S. consumers, producers, or
importers.
This rule also adds stockosorb superabsorbent polymer to the list
of approved packing material. We cannot determine what entities could
be affected by this change, but we believe that it will not likely have
a significant economic effect on any U.S. entities.
List of Ports of Entry
This rule amends the regulations to reflect that the port of El
Paso, TX, no longer operates as a Federal plant inspection station.
This port no longer operates as a plant inspection station because it
does not have the capacity to perform treatments and provide the other
services that are needed at Federal plant inspection stations. We
believe that this change will not have any significant impact on any
U.S. entities, whether small or large.
Other Changes
We are also making several other amendments to the regulations,
including changes in plant taxonomy, postentry quarantine protocol,
labeling requirements, and risk assessment policy, as well as other
editorial changes, which will not have any economic effects on U.S.
entities, whether small or large.
This final rule contains information collection requirements, which
have been approved by the Office of Management and Budget (see
``Paperwork Reduction Act'' below).
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB) under OMB control number 0579-0190.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this rule, please contact Mrs. Celeste Sickles,
APHIS' Information Collection Coordinator, at (301) 734-7477.
List of Subjects
7 CFR Part 300
Incorporation by reference, Plant diseases and pests, Quarantine.
7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by
reference, Nursery stock, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Rice, Vegetables.
0
Accordingly, we are amending 7 CFR parts 300 and 319 as follows:
PART 300--INCORPORATION BY REFERENCE
0
1. The authority citation for part 300 continues to read as follows:
Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
0
2. In Sec. 300.1, paragraph (a) is amended as follows:
0
a. In paragraph (a)(6), by removing the word ``and''.
0
b. In paragraph (a)(7), by removing the period and adding a semicolon
in its place.
0
c. By adding new paragraphs (a)(8) and (a)(9) to read as follows:
Sec. 300.1 Plant Protection and Quarantine Treatment Manual.
(a) * * *
(8) Treatment T412-a, dated July 2003; and
(9) Dry Heat Treatment Facilities for Niger (Guizotia abyssinica),
dated July 2003.
* * * * *
PART 319--FOREIGN QUARANTINE NOTICES
0
3. The authority citation for part 319 is revised to read as follows:
Authority: 7 U.S.C. 450 and 7701-7772; 21 U.S.C. 136 and 136a; 7
CFR 2.22, 2.80, and 371.3.
0
4. In Sec. 319.37-2(a), the table is amended as follows:
0
a. By adding, in alphabetical order, entries for ``Brugmansia spp.'',
``Crocosmia spp. (montebredia), except bulbs in commercial shipments'',
``Datura spp. (woody species),'' ``Gladiolus spp. (gladiolus), except
bulbs in commercial shipments'', ``Leucanthemella serotina'',
[[Page 50044]]
``Nipponanthemum nipponicum'', and ``Watsonia spp. (bugle lily), except
bulbs in commercial shipments'' to read as set forth below.
0
b. By revising the entries for ``Abelmoschus spp. (okra)'', ``Aesculus
spp. (horsechestnut)'', ``Arachis spp. (peanut) seed only (all other
Arachis articles are included under Fabaceae)'', ``Blighia sapida
(akee)'', ``Crocosmia spp. (montebretia)'', ``Datura spp.'',
``Gladiolus spp. (gladiolus)'', ``Jasminum spp. (jasmine)'',
``Mangifera spp. (mango) seed only'', ``Salix spp. (willow)'', ``Sorbus
spp. (mountain ash)'', and ``Watsonia spp. (bugle lily)'' to read as
set forth below.
0
c. In the entry for ``Hydragea spp.'', by correcting the word
``Hydragea'' to read ``Hydrangea''.
Sec. 319.37-2 Prohibited articles.
(a) * * *
----------------------------------------------------------------------------------------------------------------
Plant pests existing in the
Prohibited article (includes seeds places named and capable of
only if specifically mentioned) Foreign places from which prohibited being transported with the
prohibited article
----------------------------------------------------------------------------------------------------------------
Abelmoschus spp. (okra)............... Africa.................................. Cotton leaf curl agent.
Brazil.................................. Cotton Anthocyanosis agent.
Bangladesh, India, Sri Lanka............ Bhendi yellow vein mosaic
agent.
Cote d'Ivoire, Nigeria.................. Okra mosaic virus.
Iraq.................................... Okra yellow leaf curl agent.
Papua New Guinea, Trinidad and Tobago... Okra mosaic agents.
* * * * * * *
Aesculus spp. (horsechestnut)......... Czech Republic, Germany, Romania, Horsechestnut variegation or
Slovakia, United Kingdom. yellow mosaic diseases.
* * * * * * *
Arachis spp. (peanut) seed only (all India, Indonesia, Japan, People's Peanut stripe virus.
other Arachis articles are included Republic of China, Philippines, Taiwan,
under Fabaceae). Thailand.
Burkina Faso, Cote d'Ivoire, Senegal Peanut clump virus. Indian
India. peanut clump virus.
* * * * * * *
Blighia sapida (akee)................. Cote d'Ivoire, Nigeria.................. Okra mosaic virus.
* * * * * * *
Brugmansia spp........................ Colombia................................ Datura Columbia virus.
* * * * * * *
Crocosmia spp. (montebretia).......... Africa.................................. Puccinia mccleanii Doidge
(rust), Uredo gladioli-
buettneri Bub. (rust),
Uromyces gladioli P. Henn.
(rust), U. nyikensis Syd.
(rust).
Argentina, Uruguay...................... U. gladioli P. Henn. (rust).
Crocosmia spp. (montebretia), except Africa, Brazil, France, Italy, Malta, U. transversalis (Thuem.)
bulbs in commercial shipments. Mauritius, Portugal. Wint. (rust).
* * * * * * *
Datura spp............................ India................................... Datura distortion or enation
mosaic virus.
Datura spp. (woody species)........... (See Brugmansia spp.)...................
* * * * * * *
Gladiolus spp. (gladiolus)............ Africa.................................. Puccinia mccleanii Doidge
(rust), Uredo gladioli-
buettneri Bub. (rust),
Uromyces gladioli P. Henn.
(rust), U. nyikensis Syd.
(rust).
Argentina, Uruguay...................... U. gladioli P. Henn. (rust).
Gladiolus spp. (gladiolus), except Africa, Brazil, France, Italy, Malta, U. transversalis (Thuem.)
bulbs in commercial shipments. Mauritius, Portugal. Wint. (rust).
* * * * * * *
Jasminum spp. (jasmine)............... Belgium, Germany, Great Britain......... Jasmine variegation diseases.
India................................... Chlorotic ringspot, phyllody,
yellow ring mosaic diseases.
Philippines............................. Sampaguita yellow ringspot
mosaic diseases.
* * * * * * *
Leucanthemella serotina............... Argentina, Brazil, Canary Islands, Puccina horiana P. Henn.
Chile, Colombia, Europe, Republic of (white rust of
South Africa, Uruguay, Venezuela, and chrysanthemum).
all countries, territories, and
possessions of countries located in
part or entirely between 90[deg] and
180[deg] east longitude.
[[Page 50045]]
* * * * * * *
Mangifera spp. (mango) seed only. All except Guimaras Island (Republic of Sternochetus mangiferae F.
(Prohibition not applicable to seeds the Philippines) and North and South (mango seed weevil).
imported into Guam, Hawaii, and the America (excluding Barbados, the
Northern Mariana Islands). British Virgin Islands, Dominica,
French Guiana, Grenada, Guadeloupe,
Martinique, St. Lucia, St. Vincent and
the Grenadines, and Trinidad and
Tobago).
* * * * * * *
Nipponanthemum nipponicum............. Argentina, Brazil, Canary Islands, Puccina horiana P. Henn.
Chile, Colombia, Europe, Republic of (white rust of
South Africa, Uruguay, Venezuela, and chrysanthemum).
all countries, territories, and
possessions of countries located in
part or entirely between 90[deg] and
180[deg] east longitude.
* * * * * * *
Salix spp. (willow)................... Belgium, Germany, Great Britain, Japan, Erwinia salicis (Day) Chester
and the Netherlands. (Watermark disease).
* * * * * * *
Sorbus spp. (mountain ash)............ Czech Republic, Denmark, Germany, Mountain ash variegation or
Slovakia. ringspot mosaic disease.
* * * * * * *
Watsonia spp. (bugle lily)............ Africa.................................. Puccinia mccleanii Doidge
(rust), Uredo gladioli-
buettneri Bub. (rust),
Uromyces gladioli P. Henn.
(rust), U. nyikensis Syd.
(rust).
Argentina, Uruguay...................... U. gladioli P. Henn. (rust).
Watsonia spp. (bugle lily), except Africa, Brazil, France, Italy, Malta, U. transversalis (Thuem.)
bulbs in commercial shipments. Mauritius, Portugal. Wint. (rust).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
5. In Sec. 319.37-4, paragraph (c) is amended as follows:
0
a. By revising the introductory text to read as set forth below.
0
b. By revising the introductory text of paragraph (c)(1) to read as set
forth below.
0
c. By revising paragraph (c)(1)(iv) to read as set forth below.
0
d. By revising paragraph (c)(2) to read as set forth below.
Sec. 319.37-4 Inspection, treatment, and phytosanitary certificates
of inspection.
* * * * *
(c) Greenhouse-grown plants from Canada. A greenhouse-grown
restricted plant may be imported from Canada if the Plant Health and
Production Division of the Canadian Food Inspection Agency (CFIA) signs
a written agreement with the Animal and Plant Health Inspection Service
allowing such importation, and provided that the following conditions
are met:
(1) The Plant Health and Production Division of CFIA shall:
(i) * * *
(iv) Issue labels to each grower participating in the program. The
labels issued to each grower shall bear a unique number identifying
that grower, and shall bear the following statement: ``This shipment of
greenhouse-grown plants meets the import requirements of the United
States, and is believed to be free from injurious plant pests. Issued
by Plant Health and Production Division, Canadian Food Inspection
Agency.'' The Plant Health and Production Division, CFIA, shall also
ensure that the label is placed on the airway bill, bill of lading, or
delivery ticket accompanying each shipment of articles; and
* * * * *
(2) Each greenhouse grower participating in the program shall enter
into an agreement with the Plant Health and Production Division of CFIA
in which the grower agrees to:
(i) Maintain records of the kinds and quantities of plants grown in
their greenhouses, including the date of receipt and place of origin of
the plants; keep the records for at least 1 year after the plants are
shipped to the United States; and make the records available for review
and copying upon request by either the Plant Health and Production
Division of CFIA or an authorized representative of the Secretary of
Agriculture;
(ii) Apply to an airway bill, bill of lading, or delivery ticket
for plants to be shipped to the United States a label issued by CFIA
that includes the identification number assigned to the grower by the
Plant Health and Production Division, CFIA, and the following
certification statement: ``This shipment of greenhouse grown plants
meets the import requirements of the United States and is believed to
be free from injurious plant pests. Issued by Plant Health and
Production Division, Canadian Food inspection Agency.''; and
(iii) Use pest control practices approved by Plant Protection and
Quarantine and the Plant Health and Production Division of CFIA to
exclude pests from the greenhouses.
0
6. Section 319.37-5 is amended as follows:
0
a. In paragraph (a), by removing the words '', and the Land District of
South Saanich on Vancouver Island in British Columbia'' and adding the
words ``and that portion of the Municipality of Central Saanich in the
Province of British Columbia east of the West Saanich Road'' in their
place.
0
b. By revising paragraphs (c) and (i) to read as set forth below.
Sec. 319.37-5 Special foreign inspection and certification
requirements.
* * * * *
(c) Any restricted article (except seeds) of Chrysanthemum spp.
(chrysanthemum), Dendranthema spp.
[[Page 50046]]
(chrysanthemum), Leucanthemella serotina, or Nipponanthemum nipponicum,
from any foreign place except Europe, Argentina, Brazil, Canada, the
Canary Islands, Chile, Colombia, the Republic of South Africa, Uruguay,
Venezuela, and all countries and localities located in part or entirely
between 90[deg] and 180[deg] east longitude shall, at the time of
arrival at the port of first arrival in United States, be accompanied
by a phytosanitary certificate of inspection. The phytosanitary
certificate of inspection must contain a declaration that such article
was grown in a greenhouse nursery and found by the plant protection
service of the country in which grown to be free from white rust of
chrysanthemum (caused by the rust fungus Puccinia horiana P. Henn.)
based on visual examination of the parent stock, the articles for
importation, and the greenhouse nursery in which the articles for
importation and the parent stock were grown, once a month for 4
consecutive months immediately prior to importation.
* * * * *
(i) Any restricted article of Syringa spp. (lilac) from the
Netherlands is prohibited as specified in Sec. 319.37-2(a) unless, at
the time of arrival at the port of first arrival in the United States,
the phytosanitary certificate accompanying the article of Syringa spp.
(lilac) contains a declaration that stipulates that the parent stock
was found free of plant diseases by inspection and indexing and that
the Syringa spp. (lilac) to be imported were propagated either by
rooting cuttings from indexed parent plants or by grafting indexed
parent plant material on seedling rootstocks, and were grown in:
(1) Fumigated soil (fumigated by applying 400 to 870 pounds of
methyl bromide per acre and covering the soil with a tarpaulin for 7
days) in a field at least 3 meters from the nearest nonindexed Syringa
spp. (lilac), or
(2) Soil that has been sampled and microscopically inspected by the
plant protection service of the Netherlands within 12 months preceding
issuance of the phytosanitary certificate and that has been found free
of the plant parasitic nematodes capable of transmitting European
nepoviruses, including, but not limited to, the Arabis mosaic
nepovirus.
* * * * *
0
7. Section 319.37-6 is amended as follows:
0
a. By revising paragraph (d) to read as set forth below.
0
b. In paragraph (e), by removing the words ``Burma,'' and ``Ivory
Coast,'' and by adding, in alphabetical order, the words ``Cote
d'Ivoire,'' ``Gabon,'' ``Iran,'' and ``Myanmar,''.
Sec. 319.37-6 Specific treatment and other requirements.
* * * * *
(d) Seeds of Guizotia abyssinica (niger seed) are allowed entry
only if:
(1) They are treated in accordance with the PPQ Treatment Manual at
the time of arrival at the port of first arrival in the United States;
or
(2) They are treated prior to shipment to the United States at a
facility that is approved by APHIS \9\ and that operates in compliance
with a written agreement between the treatment facility owner and the
plant protection service of the exporting country, in which the
treatment facility owner agrees to comply with the provisions of this
section and allow inspectors and representatives of the plant
protection service of the exporting country access to the treatment
facility as necessary to monitor compliance with the regulations.
Treatments must be certified in accordance with the conditions
described in Sec. 319.37-13(c).
---------------------------------------------------------------------------
\9\ Criteria for the approval of niger seed treatment facilities
are contained in the PPQ Treatment Manual, which is incorporated by
reference at Sec. 300.1 of this chapter.
---------------------------------------------------------------------------
* * * * *
0
8. Section 319.37-7 is amended as follows:
0
a. In the table in paragraph (a)(3), by adding, in alphabetical order,
entries for ``Brugmansia spp.'', ``Datura spp. (woody species)'',
``Leucanthemella serotina'', and ``Nipponanthemum nipponicum'' to read
as set forth below.
0
b. In the table in paragraph (a)(3), by revising the entries for
``Aesculus spp.'', ``Blighia sapida'', ``Datura spp.'', ``Ribes spp.'',
and ``Salix spp.'' to read as set forth below.
0
c. In paragraph (b), by removing the entry for ``Phoenix--date''.
0
d. By revising paragraph (c)(1)(i) to read as set forth below and by
adding and reserving paragraph (c)(1)(ii).
0
e. In paragraph (c)(2)(iv), by removing the words ``now know'' and
adding the words ``not known'' in their place.
0
f. In paragraph (d)(1), by removing the words ``of an inspector and
only to the extent prescribed by the inspector;'' and adding the words
``of the coordinator, Postentry Quarantine Unit, USDA, APHIS, PPQ,
Building 580, BARC-East, Beltsville, MD 20705;'' in their place.
0
g. By revising paragraph (d)(4) to read as set forth below.
0
h. By revising paragraph (d)(7) to read as set forth below.
0
i. By removing paragraphs (d)(8) and (d)(9).
0
j. In paragraph (e), by redesignating footnote 9 and its reference in
the text as footnote 10.
Sec. 319.37-7 Postentry quarantine.
(a) * * *
(3) * * *
------------------------------------------------------------------------
Restricted articles Foreign country(ies) or locality(ies)
(excluding seeds) from which imported
------------------------------------------------------------------------
* * * * * * *
Aesculus spp. (horsechestnut) All except Canada, Czech Republic,
Germany, Romania, Slovakia, United
Kingdom.
* * * * * * *
Blighia sapida (akee)........ All except Canada, Cote d'Ivoire, and
Nigeria.
* * * * * * *
Brugmansia spp............... All except Canada and Colombia.
* * * * * * *
Datura spp................... All except Canada and India.
Datura spp. (woody species).. (See Brugmansia spp.)
[[Page 50047]]
* * * * * * *
Leucanthemella serotina...... All except Argentina, Brazil, Canary
Islands, Chile, Colombia, Europe,
Republic of South Africa, Uruguay,
Venezuela, and all countries,
territories, and possessions of
countries located in part or entirely
between 90[deg] and 180[deg] east
longitude.
* * * * * * *
Nipponanthemum nipponicum.... All except Argentina, Brazil, Canary
Islands, Chile, Colombia, Europe,
Republic of South Africa, Uruguay,
Venezuela, and all countries,
territories, and possessions of
countries located in part or entirely
between 90[deg] and 180[deg] east
longitude.
* * * * * * *
Ribes spp.................... All except Canada, Europe, and New
Zealand.
* * * * * * *
Salix spp. (willow).......... All of Europe (except Belgium, Germany,
Great Britain, and the Netherlands).
------------------------------------------------------------------------
* * * * *
(c) * * *
(1) * * *
(i) The following States have entered into a postentry quarantine
agreement in accordance with this paragraph: All U.S. States and
Territories, except the District of Columbia, Guam, Hawaii, Kansas, and
the Northern Mariana Islands.
(ii) [Reserved]
* * * * *
(d) * * *
(4) To keep the article separated from any other plant or plant
product by no less than 3 meters (approximately 10 feet) unless such
other plant or plant product is of the same genus as the article,
entered postentry quarantine with the article, and arrived together
with the article in a single shipment from a foreign region;
* * * * *
(7) To grow the article or increase therefrom in postentry
quarantine for a period of 2 years unless specified otherwise in the
following:
(i) To grow the article or increase therefrom, if an article of
Rubus spp. (cloudberry, blackberry, boysenberry, dewberry, loganberry,
raspberry) from Europe, only in a screenhouse with screening of a
minimum of 16 mesh per inch.
(ii) To grow the article or increase therefrom, if an article of
Chrysanthemum spp., Dendranthema spp., Leucanthemella serotina,
Nipponanthemum nipponicum, or Dianthus spp. (carnation, sweet-william),
only in a greenhouse or other enclosed building, and to comply with the
above conditions for a period of 6 months after importation for an
article of Chrysanthemum spp., Dendranthema spp., Leucanthemella
serotina, Nipponanthemum nipponicum, and for a period of 1 year after
importation for an article of Dianthus spp. (carnation, sweet-william).
(iii) To grow the article or increase therefrom, if an article of
Humulus spp. (hops), a meristem culture of the imported plant will be
observed for 6 months, and the original plant will be destroyed after
the meristem culture is established. After the 6-month observation, the
meristem culture-generated plant must remain in postentry quarantine
for an additional year.
* * * * *
0
9. In Sec. 319.37-8, the introductory text of paragraph (e) and
paragraphs (e)(1) and (g) are revised to read as follows:
Sec. 319.37-8 Growing media.
* * * * *
(e) A restricted article of any of the following groups of plants
may be imported established in an approved growing medium listed in
this paragraph, if the article meets the conditions of this paragraph,
and is accompanied by a phytosanitary certificate issued by the plant
protection service of the country in which the article was grown that
declares that the article meets the conditions of this paragraph:
Alstroemeria, Ananas, Anthurium, Begonia, Gloxinia (= Sinningia),
Nidularium, Peperomia, Polypodiophyta (= Filicales) (ferns),
Rhododendron from Europe, and Saintpaulia.\11\
---------------------------------------------------------------------------
\11\ Ananas and Nidularium are bromeliads, and if imported into
Hawaii, bromeliads are subject to postentry quarantine in accordance
with Sec. 319.37-7.
---------------------------------------------------------------------------
(1) Approved growing media are baked expanded clay pellets, coal
cinder, coir, cork, glass wool, organic and inorganic fibers, peat,
perlite, phenol formaldehyde, plastic particles, polyethylene, polymer
stabilized starch, polystyrene, polyurethane, rock wool, sphagnum moss,
ureaformaldehyde, stockosorb superabsorbent polymer, vermiculite,
volcanic rock, or zeolite, or any combination of these media. Growing
media must not have been previously used.
* * * * *
(g) Pest risk evaluation standards for plants established in
growing media. The Animal and Plant Health Inspection Service will
conduct a pest risk assessment based on pest risk analysis guidelines
established by the International Plant Protection Convention of the
United Nations' Food and Agriculture Organization in response to each
request to allow the importation of additional taxa of plants in
growing media. These guidelines are available upon request by writing
to USDA, APHIS, PPQ, Permits and Risk Assessment, Commodity Risk
Analysis Branch, 4700 River Road Unit 133, Riverdale, MD 20737.
0
10. In Sec. 319.37-9, the list of approved packing material is amended
by adding, in alphabetical order, a new entry to read as follows:
Sec. 319.37-9 Approved packing material.
* * * * *
Stockosorb superabsorbent polymer.
* * * * *
0
11. Section Sec. 319.37-13 is amended as follows:
0
a. The section heading is revised as set forth below.
0
b. In paragraph (a), footnote 11 and its reference in the text are
redesignated as footnote 12.
0
c. A new paragraph (c) is added to read as follows:
[[Page 50048]]
Sec. 319.37-13 Treatment and costs and charges for inspection and
treatment; treatments applied outside the United States.
* * * * *
(c) Any treatment performed outside the United States must be
monitored and certified by an APHIS inspector or an official from the
plant protection service of the exporting country. If monitored and
certified by an official of the plant protection service of the
exporting country, then a phytosanitary certificate must be issued with
the following declaration: ``The consignment of (fill in botanical
name) has been treated in accordance with the Plant Protection and
Quarantine Treatment Manual.'' During the entire interval between
treatment and export, the consignment must be stored and handled in a
manner that prevents any infestation by pests and Federal noxious
weeds.
Sec. 319.37-14 [Amended]
0
15. In Sec. 319.37-14, paragraph (b), in the list of ports of entry,
under the undesignated center heading ``TEXAS'', the asterisk
immediately before the words ``El Paso'' is removed.
Done in Washington, DC, this 15th day of August 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-21304 Filed 8-19-03; 8:45 am]
BILLING CODE 3410-34-P