44425

Proposed Rules Federal Register Vol. 72, No. 152

Wednesday, August 8, 2007

This section of the FEDERAL REGISTER DATES: We will consider all comments Nursery Stock, , Roots, Bulbs, contains notices to the public of the proposed that we receive on or before October 9, Seeds, and Other Products,’’ issuance of rules and regulations. The 2007. §§ 319.37 through 319.37–14 (referred to purpose of these notices is to give interested ADDRESSES: You may submit comments below as the regulations), restrict, persons an opportunity to participate in the by either of the following methods: among other things, the importation of rule making prior to the adoption of the final • rules. Federal eRulemaking Portal: Go to living plants, plant parts, and seeds for http://www.regulations.gov, select propagation. ‘‘Animal and Plant Health Inspection The regulations in § 319.37–7(a) DEPARTMENT OF AGRICULTURE Service’’ from the agency drop-down designate as restricted articles any menu, then click ‘‘Submit.’’ In the articles of Chrysanthemum spp., Animal and Plant Health Inspection Docket ID column, select APHIS–2005– , and Service 0081 to submit or view public Nipponanthemum nipponicum that comments and to view supporting and meet the conditions for importation in 7 CFR Part 319 related materials available § 319.37–5(c) and that are imported electronically. Information on using from any foreign locality except [Docket No. 03–002–4] Regulations.gov, including instructions Andorra, Argentina, Australia, , for accessing documents, submitting , Brazil, Brunei, RIN 0579–AC55 comments, and viewing the docket after Canada, Canary Islands, Chile, , Importation of Nursery Stock; the close of the comment period, is Colombia, Croatia, Ecuador, Iceland, Postentry Quarantine Requirements available through the site’s ‘‘User Tips’’ , , Liechtenstein, Macedonia, link. Malaysia, Mexico, Moldova, Monaco, for Potential Hosts of Chrysanthemum • White Rust and Definition of From Postal Mail/Commercial Delivery: New Zealand, Norway, Peru, Republic Please send four copies of your of South Africa, , San Marino, AGENCY: Animal and Plant Health comment (an original and three copies) , Taiwan, Thailand, Tunisia, Inspection Service, USDA. to Docket No. 03–002–4, Regulatory , Uruguay, Venezuela, ACTION: Proposed rule; withdrawal and Analysis and Development, PPD, Yugoslavia; the European Union reproposal. APHIS, Station 3A–03.8, 4700 River (Austria, Belgium, , Cyprus, Road Unit 118, Riverdale, MD 20737– , Denmark, Estonia, SUMMARY: We are proposing to amend 1238. Please state that your comment Finland, , Germany, Greece, the regulations on importing nursery refers to Docket No. 03–002–4. , Ireland, Italy, Latvia, stock by providing an option in which Reading Room: You may read any Lithuania, Luxembourg, Malta, the postentry quarantine growing period comments that we receive on this Netherlands, , Portugal, , for articles of Chrysanthemum spp., docket in our reading room. The reading Slovakia, Slovenia, Spain, Sweden, and Leucanthemella serotina, and room is located in room 1141 of the ); and all countries, Nipponanthemum nipponicum that are USDA South Building, 14th Street and territories, and possessions of countries imported from certain locations would Independence Avenue, SW., located in part or entirely between 90° be reduced from 6 months to 2 months, Washington, DC. Normal reading room and 180° East longitude. Articles provided that the grower of those plants hours are 8 a.m. to 4:30 p.m., Monday designated as restricted articles in has implemented a systems approach to through Friday, except holidays. To be § 319.37–7(a) must be grown in prevent the imported articles from being sure someone is there to help you, postentry quarantine under the infected with chrysanthemum white please call (202) 690–2817 before conditions described in paragraphs (c) rust. This proposal replaces part of a coming. and (d) of § 319.37–7. Paragraph previous proposal that would also have Other Information: Additional (d)(7)(ii) currently requires restricted provided an option in which the length information about APHIS and its articles of Chrysanthemum spp., of the postentry quarantine period for programs is available on the Internet at Leucanthemella serotina, and potential hosts of chrysanthemum white http://www.aphis.usda.gov. Nipponanthemum nipponicum to be rust would have been reduced provided FOR FURTHER INFORMATION CONTACT: Dr. grown in postentry quarantine for a that the grower entered into a disease- Arnold T. Tschanz, Senior Import period of 6 months. prevention program. We are issuing this Specialist, Plants for Planting Import The pest of concern with regard to reproposal to further discuss the and Analysis, Commodity Import imported articles of Chrysanthemum evidence that led us to conclude that a Analysis and Operations, PPQ, APHIS, spp., Leucanthemella serotina, and 2-month postentry quarantine period is 4700 River Road Unit 133, Riverdale, Nipponanthemum nipponicum is adequate and to clarify how the systems MD 20737–1236; (301) 734–5306. chrysanthemum white rust (CWR). CWR approach would work. We are also SUPPLEMENTARY INFORMATION: is caused by Puccinia horiana Henn., a proposing to amend the definition of filamentous fungus and obligate from. The definition proposed in this Background parasite. CWR is not established in the document would replace the definition The regulations in 7 CFR part 319 United States and is a disease of of from that was included in a previous prohibit or restrict the importation of quarantine significance. This disease proposal. We are proposing the new certain plants and plant products into has the potential to be extremely definition in response to concerns the United States to prevent the damaging to the commercial raised by comments on the previous introduction of plant pests. The horticulture and florist industries if it proposal. regulations contained in ‘‘Subpart— becomes established in the United

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States. The postentry quarantine postentry quarantine in the United Nipponanthemum nipponicum. One of growing period for articles of States. In addition, some commenters these commenters reviewed the Chrysanthemum spp., Leucanthemella disputed our conclusion that 2 months available literature and concluded that serotina, and Nipponanthemum is an adequate amount of time for most available studies indicate that nipponicum is intended to allow symptoms of CWR infection to be CWR is expressed in normal conditions symptoms of the disease, if it is present, expressed in postentry quarantine. within 2 weeks, with an upper limit of to express themselves, so that any To address these comments, we are 2 months in extreme conditions such as restricted articles that are affected with withdrawing that portion of the high temperatures or massive CWR can be prevented from entering December 2005 proposal that dealt with inoculations in a research setting. U.S. commerce. postentry quarantine for imported This commenter also noted that, in On December 15, 2005, we published articles of Chrysanthemum spp., the June 2002 version of the APHIS in the Federal Register (Docket No. 03– Leucanthemella serotina, and document ‘‘Chrysanthemum White 002–1, 70 FR 74215–74235) a proposal 1 Nipponanthemum nipponicum. We are Rust: A National Management Plan for to make several amendments to the replacing it with this proposal, which Exclusion and Eradication,’’ we stated nursery stock regulations. We solicited discusses in greater detail the evidence that in the event that a nursery is found comments concerning the proposal for that leads us to conclude that a 2-month to be infected with CWR, no plant 60 days ending February 13, 2006. We postentry quarantine period for should leave the nursery for 8 weeks or reopened and extended the deadline for imported articles of Chrysanthemum until the nursery has been inspected comments until March 31, 2006, in a spp., Leucanthemella serotina, and and certified as being free of CWR. The document published in the Federal Nipponanthemum nipponicum is current version of this document Register on February 28, 2006 (71 FR adequate. This proposal also presents provides for an 8-week host-free period 9978, Docket No. 03–002–2). new requirements for the systems at any nursery at which plants are found Among the changes discussed in the approach that more clearly indicate that to be infected with CWR. The December 2005 proposal was providing they apply to growing in the country of commenter indicated that this an option in which the postentry origin. We are also explaining in more document supports the statement that quarantine growing period for articles of detail how the systems approach would the 2-month postentry quarantine is Chrysanthemum spp., Leucanthemella be used. (We used the term ‘‘best adequate for expression of CWR serotina, and Nipponanthemum management practices program’’ to symptoms. nipponicum would be reduced from 6 describe the intended program in the Two more commenters supported the months to 2 months if the articles were December 2005 proposed rule. We are proposed reduction in the postentry grown in accordance with a best replacing it with the term ‘‘systems quarantine period on the condition that management practices program approach’’ in this reproposal to clarify the reduction was based on science. approved by the Animal and Plant our terminology.) Three commenters were concerned Health Inspection Service (APHIS). The We discuss the postentry quarantine about our statement that not all the Plant Protection and Quarantine (PPQ) period and the requirements of the available evidence confirms that CWR is program had evaluated the available systems approach in detail directly expressed in postentry quarantine scientific literature and found that 2 below. within 2 months, asking us to discuss months was an adequate amount of time any evidence that might show that a for CWR to express itself in postentry Evidence Supporting Reducing the longer postentry quarantine period is quarantine; we proposed to require the Postentry Quarantine Period for necessary for the expression of CWR. Chrysanthemum best management practices program as Articles of spp., Seven commenters took issue with the Leucanthemella serotina, an additional safeguard. and proposed reduction in the postentry We received 25 comments on the Nipponanthemum nipponicum From quarantine period for articles of proposed rule, from 23 commenters, 6 Months to 2 Months Chrysanthemum spp., Leucanthemella including private citizens, State and In the December 2005 proposed rule, serotina, and Nipponanthemum local governments, industry we stated the following: ‘‘PPQ’s Center nipponicum. Five of these commenters organizations, individual industry for Plant Health Science and stated that, under certain environmental companies, and foreign national plant Technology has reviewed the available and climatic conditions, CWR would protection organizations. Sixteen of evidence regarding the time within not be expressed in a 2-month postentry these commenters addressed the which CWR will express symptoms. quarantine period; they stated that the proposed change to the postentry Although substantial evidence indicates disease cycle of CWR requires cool, wet quarantine requirements for articles of that articles affected with CWR will conditions in order to exhibit its Chrysanthemum spp., Leucanthemella express symptoms within 2 months, symptoms. One commenter stated serotina, and Nipponanthemum meaning that 2 months would be an specifically that basidiospores (airborne nipponicum. While many commenters adequate postentry quarantine period spores) of the CWR fungus are produced supported the change, many for these articles, not all the available and released during periods of relatively commenters were confused regarding evidence confirms that.’’ high humidity and when temperatures whether the best management practices We received several comments on our are between 40 °F and 73 °F, with program was intended to apply to statement that 2 months would be an optimum expression at 63 °F. In production in the country of origin or to adequate postentry quarantine period southern California, these cool for these articles. The issues raised by temperatures occur only from November 1 To view the proposed rule and the comments these commenters are described below. through June. Even using APHIS- we received, go to http://www.regulations.gov/ Four commenters strongly supported approved best management practices, fdmspublic/component/ main?main=DocketDetail&d=APHIS–2005–0081. all aspects of the proposal, including the commenter stated, the conditions Note: Since the publication of the proposed rule, a our determination that a 2-month necessary for CWR infections could not final rule published in the Federal Register on postentry quarantine period was be created in a greenhouse during the April 3, 2007 (Docket No 03–016–3, 72 FR 15805– sufficient to allow expression of CWR in hot summer months. Under the 15812) expanded the list of countries from which exportation of CWR hosts is subject to postentry articles of Chrysanthemum spp., December 2005 proposal, stated the quarantine restrictions. Leucanthemella serotina, and commenter, cuttings infected with CWR

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could conceivably be imported in July eradication of CWR from a premises and quarantine in their State arrives in the and released 2 months later in the postentry quarantine period we are United States. Under paragraph September and never show any proposing are of similar length, but they (c)(2)(iii), States are required to provide symptoms, because climatic conditions have no relationship to each other. the services of State inspectors to at that time of year preclude symptoms While 2 months appears to be an inspect plants for evidence of exotic from being exhibited. adequate postentry quarantine growing pests at least once for plants required to Based on these comments, we again period for CWR hosts, we would require be grown in quarantine for less than 2 reviewed the available evidence that CWR hosts grown in postentry years. After this, again under paragraph regarding the expression of CWR. Our quarantine for 2 months also be (c)(3)(iii), the Administrator shall notify statement in the December 2005 produced under a systems approach. We State officials in writing when materials proposal that ‘‘not all the available would include this additional safeguard in postentry quarantine may be released evidence confirms’’ that 2 months is an because of the danger CWR presents to from quarantine in their State. We do adequate postentry quarantine period the domestic floral industry. Efforts to not notify State officials that materials for CWR hosts was incorrect. The eradicate CWR outbreaks in the United in postentry quarantine may be released longest time between infection and States have been costly for growers, who from quarantine until we have received symptom development that has been typically must destroy all plants within the results of the State inspection of the reported is 8 weeks. This was reported a 1-meter radius of any infected plant, materials. If an importer removes plant to have been achieved when infected treat the entire production site to material in postentry quarantine from cuttings were experimentally exposed to neutralize any remaining CWR spores, the approved site before the 86 °F (30 °C) temperatures for several and implement a host-free period to Administrator notifies State officials hours, in an effort to simulate hot prevent reintroduction of the rust. In a that it may be released, then that climatic conditions. However, efforts to 2006 outbreak of CWR in California, the importer is in violation of the reproduce this effect experimentally estimated cost per acre of implementing regulations. have been unsuccessful, and it has not the host-free period alone was $54,594. Two other commenters objected been reported in the field. Given that the entire production site generally to what they perceived as the Most references on CWR concur that must implement the host-free period in loosening of restrictions on the the disease usually expresses itself in order to eradicate CWR, the eradication importation of articles of between 5 to 14 days, depending on the costs to producers can be considerable. Chrysanthemum spp., Leucanthemella prevailing climatic conditions. Warm The requirements of the systems serotina, and Nipponanthemum temperatures increase the latency approach would provide additional nipponicum, given that CWR outbreaks period, but in most cases not beyond 14 assurance that CWR-infected plants continue to occur occasionally in the days, and we are not aware of any would not be introduced into the United United States. In these commenters’ reports describing increases in the States under the 2-month postentry opinions, unless the reduced postentry latency period beyond 2 months. The quarantine period. quarantine period and the systems commenter who stated that CWR One commenter additionally objected approach would encourage legal requires cool temperatures for to the proposed 2-month postentry importation of those articles that are expression, and thus that warm quarantine period as too short to allow currently imported without complying temperatures will delay expression of for the necessary inspection of the with our regulations, the perceived the disease indefinitely, did not provide plants being grown in postentry additional risk of reducing the postentry a reference to support that statement, quarantine. This commenter stated that quarantine period would not be and we have been unable to locate any postentry quarantine inspections are warranted. references confirming it. We invite usually conducted in spring and fall to As discussed earlier, our decision to commenters to submit any additional increase the chances of finding a reduce the postentry quarantine period information that may be pertinent to quarantine pest. Under the December for imported articles of Chrysanthemum this subject. 2005 proposal, the commenter stated, an spp., Leucanthemella serotina, and We would also like to clarify the importer could conceivably time the Nipponanthemum nipponicum is difference between the purpose of the 8- importation of cuttings to essentially supported by science; it is not motivated week host-free period in our CWR avoid inspection. In this commenter’s by the goal of reducing illegal trade of management plan and the time experience, when plants are imported those articles. We do not believe that necessary for expression of symptoms of for postentry quarantine, 2 or more providing an option in which the CWR in postentry quarantine. months may pass before authorities at postentry quarantine period for Teliospores of P. horiana can survive for the local level receive notification from imported articles of Chrysanthemum up to 8 weeks in favorable climatic APHIS that the plants have arrived in spp., Leucanthemella serotina, and conditions on the leaves of CWR hosts, the area. With a 2-month postentry Nipponanthemum nipponicum is even in the absence of living plants. quarantine period, the commenter reduced to 2 months will increase the Keeping premises free of host plants for stated, the material may have been risk of allowing a plant that is infected at least 8 weeks ensures that all the shipped throughout the United States with CWR to enter U.S. commerce, teliospores in the premises die, making before local authorities have been especially if the plants are produced in it safe to repopulate the premises with notified that it was imported and before compliance with the requirements of CWR hosts. By contrast, the postentry they have had a chance to conduct an systems approach. quarantine period is not used to ensure inspection. It is important to note that the disease freedom at a premises, but The regulations in § 319.37–7(c) set postentry quarantine restrictions placed rather to determine whether potential out requirements for the postentry on CWR hosts in the regulations apply hosts are infected with CWR. If a living quarantine agreements that APHIS to the importation of CWR hosts from plant is infected with CWR (either with concludes with States. Under paragraph countries where CWR is not known to teliospores or the shorter lived (c)(3)(iii), the Administrator is required occur. We prohibit the importation of basidiospores), the disease will express to notify State officials, in writing and CWR hosts from countries where CWR itself within 5 to 14 days under normal within 10 days of the arrival, when is known to occur in § 319.37–2(a). CWR conditions. The period required for plant material destined for postentry has not been detected in any host plants

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imported under the current postentry Federal and State entities to monitor would have to oversee the production quarantine program in the last 10 years. postentry quarantine under the site and perform regular audits to ensure We believe the introductions of CWR conditions of the best management that all elements of the production that the commenter cites were the result practices program. Some of these system are in compliance with the of illegal importations. We are commenters further stated that a requirements of the systems approach continuing to work through our program to prevent the articles of and the workplan. Smuggling Interdiction and Trade Chrysanthemum spp., Leucanthemella • APHIS would have to be allowed to Compliance program and with the serotina, and Nipponanthemum perform on-site audits of the production Department of Homeland Security’s nipponicum from being infected with site as well. APHIS would also perform Bureau of Customs and Border CWR while being grown in the country audits at the port of entry into which the Protection to prevent such of origin, prior to importation into the plants are imported to ensure that these introductions. United States, would be more effective, articles of Chrysanthemum spp., Because the option we are proposing both in terms of cost and in terms of Leucanthemella serotina, and would reduce the postentry quarantine phytosanitary security. Nipponanthemum nipponicum meet the period to the time actually required for We agree with these comments. We requirements of the systems approach expression of symptoms while imposing had intended for the best management and the workplan. additional phytosanitary safeguards on practices program described in the • The NPPO of the country in which the production of CWR host materials, December 2005 proposal to apply to the the production site is located and we believe the program we are growth of these plants in the country of APHIS would impose penalties and proposing here would be as effective as origin, and the systems approach we are remedial actions in the case of our current program. proposing to require as a condition of noncompliance. The NPPO would not Two commenters suggested that reducing the postentry quarantine issue phytosanitary certificates for APHIS issue a departmental permit to period from 6 to 2 months would also shipments of articles of Chrysanthemum allow a reduction in the postentry apply to the growth of articles of spp., Leucanthemella serotina, and quarantine period. Chrysanthemum spp., Leucanthemella Nipponanthemum nipponicum Departmental permits are issued serotina, and Nipponanthemum exported under the systems approach if under § 319.37–2(c) and provide for the nipponicum in their country of origin. an audit revealed that the articles were importation of articles that are listed as In this proposal, we have revised the not grown in compliance with the prohibited under paragraphs (a) and (b) requirements of the systems approach in requirements of the systems approach of § 319.37–2 for experimental or order to make it clear that they would and the workplan. Penalties that could scientific purposes; APHIS may specify apply to growth in the country of origin. be imposed would include, but would conditions for such importation that are In order to be eligible for participation not necessarily be limited to, removal of adequate to prevent the introduction in this program, the articles of the exporting production site from the into the United States of plant pests. Chrysanthemum spp., Leucanthemella list of growers approved by APHIS to However, articles of Chrysanthemum serotina, and Nipponanthemum ship these articles to the United States spp., Leucanthemella serotina, and nipponicum would have to be grown in under this program. Nipponanthemum nipponicum that are a production site that is a greenhouse or • The government of the country in eligible to be imported under postentry other enclosed building. The proposed which the articles are produced or its quarantine conditions are, by definition, systems approach would specify several designated representative would have to not prohibited articles. Therefore, using basic requirements to be fulfilled during enter into a trust fund agreement with the departmental permit to facilitate the production of those articles and APHIS before each growing season. The their importation in this way would not prior to their importation to the United government of the country in which the be appropriate. In addition, the States. These requirements are the articles are produced or its designated departmental permit is intended for us following: representative would have to pay in only to allow importation for • Production sites would have to advance all estimated costs that APHIS experimental or scientific purposes. generate plants for planting from expects to incur through its involvement in overseeing the execution of the Systems Approach for Articles of propagative material that is free of CWR. • Production sites would have to systems approach. (The specific level of Chrysanthemum spp., write and implement standard operating APHIS involvement will vary with the Leucanthemella serotina, and procedures that include provisions for terms of the workplan; APHIS Nipponanthemum nipponicum adequate pest control, isolation of the involvement may range from regular Imported Into the United States production site from host material not inspections of production sites to As many commenters noted, our intended for export to the United States, occasional on-site audits.) Details on explanation of the best management regular inspection and testing, and this requirement can be found in the practices program cited in the December training of production site employees. proposed regulatory text at the end of 2005 proposed rule did not make clear • Production sites would have to this document. whether the program would be applied keep detailed records of all aspects of Two commenters on the December to imported articles of Chrysanthemum plant production, including the origin of 2005 proposal asked to review the spp., Leucanthemella serotina, and articles of Chrysanthemum spp., program we described in that rule. We Nipponanthemum nipponicum during Leucanthemella serotina, and are not proposing to add specific their growth in their country of origin or Nipponanthemum nipponicum that will phytosanitary requirements to the to their growth during postentry be exported so that they may be traced regulations. Instead, we are proposing to quarantine. Many commenters back if necessary. Production sites set out the performance standards in the interpreted our description of the best would have to label the containers in regulations. If this rule is finalized, the management practices program to mean which the articles are shipped in order NPPO of a country that wishes to export that it would apply to the growth of to facilitate traceback investigations. articles of Chrysanthemum spp., these articles during postentry • The national plant protection Leucanthemella serotina, and quarantine, and objected to the organization (NPPO) of the country in Nipponanthemum nipponicum to the increased responsibility placed on which the production site is located United States for a postentry quarantine

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growing period of 2 months (rather than known to occur shall, at the time of proposal is one example. We do not use 6 months) would submit to us a detailed arrival at the port of first arrival in trust funds as a means of providing proposal for operational plans and United States, be accompanied by a insurance against the introduction of a procedures that fulfill the performance phytosanitary certificate of inspection disease. APHIS will continue to enforce standards. We would then work with containing a declaration that the article the regulations governing the the NPPO of the exporting country to was grown in a greenhouse nursery and importation of all articles of agree upon a final set of operational found by the NPPO of the country in Chrysanthemum spp., Leucanthemella plans and procedures, which would be which grown to be free from CWR. This serotina, and Nipponanthemum codified in a bilateral workplan.2 Thus, finding must be based on visual nipponicum and to survey for signs of the regulations would require that the examination of the parent stock, the CWR infection in plants in the United articles be produced in accordance with articles for importation, and the States in cooperation with State a workplan that meets the requirements greenhouse nursery in which the governments. of the systems approach, as listed in the articles for importation and the parent One commenter, the Netherlands regulations. We anticipate that the stock were grown, once a month for 4 Ministry of Agriculture, Nature, and specific conditions required by a consecutive months immediately prior Food Quality (the Netherlands NPPO), workplan will vary according to the to importation. Imported articles of noted that importation of articles of conditions in the country and facility Chrysanthemum spp., Leucanthemella Chrysanthemum spp., Leucanthemella where the workplan is implemented, serotina, or Nipponanthemum serotina, and Nipponanthemum and as such we do not have a single nipponicum must satisfy this nipponicum from the Netherlands (as workplan that we can make available. requirement in order to be eligible to well as the rest of ) is prohibited The changes discussed in this enter the United States for postentry under § 319.37–2(a). The Netherlands proposal would reduce the cost of quarantine. We would move these NPPO asked that APHIS recognize the postentry quarantine for importers of current requirements into paragraph European Union (EU) Directive 2000/29, articles of Chrysanthemum spp., (c)(1) and add the systems approach Annex IV–A–II, item 21.1, which Leucanthemella serotina, and requirements described earlier in a new requires propagative material of Nipponanthemum nipponicum while paragraph (c)(2). Chrysanthemum spp. to be regularly continuing to protect against the In § 319.37–7(d)(7)(ii), we would inspected during the growing season introduction of CWR into the United break up the list of articles eligible for and to be inspected prior to export. The States. postentry quarantine of less than 2 years commenter also noted that the into subparagraphs for ease of reading. Netherlands NPPO is not aware of CWR Proposed Amendments to the Under this proposal, paragraph Regulations ever having been detected on (d)(7)(ii)(A) of § 319.37–7 would Chrysanthemum spp. cuttings exported In § 319.37–7, paragraph (d)(7)(ii) lists indicate that an article of from the Netherlands. The commenter articles of Chrysanthemum spp., Chrysanthemum spp., Leucanthemella stated that articles of Chrysanthemum Dendranthema spp.,3 Leucanthemella serotina, and Nipponanthemum spp., Leucanthemella serotina, and serotina, and Nipponanthemum nipponicum that meets the requirements Nipponanthemum nipponicum from the nipponicum, articles of Dianthus spp., of § 319.37–5(c)(2) would be required to Netherlands that are produced under and articles of Hydrangea spp. as be grown in postentry quarantine for 2 the requirements of this directive articles for which a postentry quarantine months. should be admissible. Paragraph (d)(7)(ii)(B) would state growing period of less than 2 years is The commenter further noted that one that an article of Chrysanthemum spp., permitted. In the December 2005 grower in its country has a program in Leucanthemella serotina, and proposal, we proposed to add articles of place that appears to satisfy the Nipponanthemum nipponicum that Chrysanthemum spp., Leucanthemella requirements of the best management meets the requirements of § 319.37– serotina, and Nipponanthemum practices program as we described it in 5(c)(1) would be required to be grown in nipponicum produced in accordance the December 2005 proposed rule. postentry quarantine for 6 months. with a best management practices As the commenter noted, importation program to this list, with a 2-month Paragraphs (d)(7)(ii)(C) and (d)(7)(ii)(D) would contain the current of articles of Chrysanthemum spp., postentry quarantine period. Leucanthemella serotina, and In this document, we are proposing to language regarding articles of Dianthus spp. and Hydrangea spp. Nipponanthemum nipponicum from the amend the regulations in § 319.37–5(c). Netherlands is currently prohibited This paragraph presently requires that Other Comments on the December 2005 under § 319.37–2(a). The December any restricted article (except seeds) of Proposal 2005 proposal did not propose to Chrysanthemum spp., Leucanthemella Two commenters on the December change that, nor does this proposal. serotina, or Nipponanthemum 2005 proposal suggested that APHIS The Netherlands has submitted a nipponicum from any foreign place include provisions for a trust fund. The formal request for APHIS to evaluate the other than countries where CWR is commenters suggested that the fund conditions provided under the EU could be used to properly administer directive and the conditions of these 2 We published in the Federal Register a notice providing background information on bilateral the current CWR regulations and programs in place at the grower cited in workplans on May 10, 2006 (71 FR 27221–27224, monitor for the disease, and to help the comment. APHIS will evaluate the Docket No. APHIS–2005–0085). It can be accessed defray the cost of eradication when request to determine whether articles of at http://www.regulations.gov/fdmspublic/ outbreaks occur. Chrysanthemum spp., Leucanthemella component/ main?main=DocumentDetail&d=APHIS-AOGUS– We provide for trust funds in the serotina, and Nipponanthemum 2005–0085–0001. regulations when the regulations require nipponicum produced under these 3 The April 2007 final rule referred to earlier was that APHIS provide services to foreign conditions should be either allowed to intended to remove all references to Dendranthema growers, such as monitoring or be imported subject to postentry spp. within the text of the regulations but inadvertently did not remove the reference in this certification. The trust fund that would quarantine or generally admissible. If paragraph. In this proposed rule, we would correct be required for the implementation of the evaluation indicates that their that error. the systems approach for CWR in this importation should be allowed, we will

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publish a separate proposal to amend as well as any propagations of that plant importing NPPO to evaluate the risk the regulations. material. Other commenters expressed associated with the plant material if it general concern about whether the has previously been grown in a third Definition of From restrictions on the importation of country. The definition of from in § 319.37–1 nursery stock in general are adequate to We are proposing a compromise. We currently provides that an article is prevent the introduction of plant pests, would define the term from as follows: considered to be ‘‘from’’ any country or when it can be difficult to determine ‘‘An article is considered to be ‘from’ locality in which it was grown. The what pests a plant has been exposed to. the country where it, or the plants from current regulations also provide that an Based on these comments, we have which the article was derived, was article imported into Canada from rethought our proposed definition of actively growing for at least 9 months another country or locality shall be from. While in theory it would make immediately prior to export.’’ If the considered as being solely ‘‘from’’ sense to provide that nursery stock that plant material did not meet this Canada if it is imported into the United is imported into one country and then definition, the NPPO of the exporting States directly from Canada after having exported from that country to the country would not issue a phytosanitary been grown for at least 1 year in Canada; United States must satisfy the same certificate to accompany it; as a has never been grown in a country from requirements that it would have to if it phytosanitary certificate is required for which it would be a prohibited article was imported directly into the United almost all imported nursery stock other or from which it would be subject to States, in practice such a requirement than certain articles from Canada and special foreign inspection, certification, would be difficult to enforce. As an small lots of seed, this would restrict the treatment, or other requirements; was example, assume that Country A does importation of those articles that have not grown in a country or locality from not impose restrictions on the not been grown for 9 months in the which it would be subject to postentry importation of Pelargonium spp. from country from which they would be quarantine requirements, unless it was Country B, but the United States allows exported. grown in Canada under postentry Pelargonium spp. from Country A to be growing conditions equivalent to those We chose 9 months because it is a imported with a phytosanitary common length for a growing season for specified for the article in § 319.37–7; certificate with an additional and was not imported into Canada in nursery stock; if a plant has been declaration under § 319.37–5(r)(2) and growing in a country for a full growing growing media. requires Pelargonium spp. from Country In the December 2005 proposed rule, season, it is reasonable to assume that B to be imported under the systems it poses the same potential pest risk as we proposed to replace this definition approach described in § 319.37–5(r)(3). with a new definition of from, in order other plants of the same grown in In order for Country A to export to remove the special provisions related that country. This definition would Pelargonium plants to the United States, to the importation of regulated articles provide an enforceable standard. the NPPO of Country A would have to from Canada. The proposed definition We do not mean to minimize the track all Pelargonium plants of foreign of from read: ‘‘An article is considered problem of plants that originate in origin, even after they were legally to be ‘from’ an exporting country or area countries where the pest risk is high and imported, in order to be able to certify when it was grown or propagated only are then re-exported to the United States that any Pelargonium spp. exported in the exporting country or area, or through countries where the pest risk is from Country A to the United States when it was grown in the exporting lower. However, to refer again to the were either not from Country B or were country or area after it entered the example discussed earlier, if Country A exporting country or area from another grown in accordance with a systems does not have restrictions on the country or area under conditions that approach for which there would be no importation of Pelargonium spp. from are equivalent to those that would be regulatory enforcement mechanism in Country B, it would be difficult for the required by the United States if the place. This would be a logistically country to track those plants once they plant were imported into the United unfeasible task for the NPPO of Country have been imported. Another solution States directly from any of the countries A to undertake. would be simply to impose the same The International Plant Protection or areas where the plant was grown restrictions on the importation of Convention’s (IPPC) 2002 Glossary of prior to its entry into the exporting Pelargonium spp. from Country A as we Phytosanitary Terms (International country or area.’’ do on Pelargonium spp. from Country B, Standards for Phytosanitary Measures given that the importation restrictions in We received several comments on our 4 proposed definition. Many of these [ISPM] publication number 5) takes a place in Country A make it difficult to commenters were concerned that the different approach to the issue. The determine which Pelargonium spp. proposed definition might weaken our Glossary of Phytosanitary Terms exported from Country A may have protections against the importation of includes a definition of the term country originated in Country B and thus pose potentially risky nursery stock. Three of origin for consignments of plants that an elevated pest risk. We may pursue commenters asked us to clarify whether reads: ‘‘Country where the plants were this avenue of regulatory action in the articles whose importation is prohibited grown.’’ (The IPPC definition of country future. However, such regulatory action from one country would continue to be of origin is thus functionally equivalent would be undertaken independent of prohibited even after importation to a to the term from as it is used in our our definitions of the word from. second country, regardless of the time regulations.) The definition and the glossary do not provide any further Executive Order 12866 and Regulatory that the articles remained in the second Flexibility Act country. guidance on how to determine what Some commenters expressed concern country that is or how long plants need This proposed rule has been reviewed that the proposed definition would be to be growing in the exporting country, under Executive Order 12866. The rule difficult to enforce, since the NPPOs of however, making it difficult for an has been determined to be not exporting countries would have to keep significant for the purposes of Executive 4 ISPMs may be viewed on the World Wide Web track of any plant material that entered at https://www.ippc.int/IPP/En/default.jsp. Click on Order 12866 and, therefore, has not their country and that might be the ‘‘Standards’’ link on the home page to view the been reviewed by the Office of reexported at some point in the future, ISPMs. Management and Budget.

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The Regulatory Flexibility Act produced under the systems approach. unable to determine the size of the requires agencies to evaluate the These reduced costs would then benefit. potential effects of their proposed and encourage a greater volume of APHIS welcomes information that the final rules on small businesses, small importation. We expect that this will public may provide concerning the organizations, and small governmental occur. expected magnitude of the benefit of the jurisdictions. Section 603 of the Act The economic effects of the proposed proposed rule and the number of small requires an agency to prepare and make change are expected to be positive, if entities that may be affected. available for public comment an initial small, for U.S. importers of The proposed change to amend the regulatory flexibility analysis (IRFA) chrysanthemums into the United States. definition of from is administrative in describing the expected impact of a In 2005, the value of imported nature. We do not expect that it would proposed rule on small entities, unless chrysanthemums was around $80.2 have any impact on any U.S. entities, the head of the agency certifies that the million, or 8 percent of the value of all whether small or large. rule will not, if promulgated, have a imported flowers (i.e., fresh cut flowers Executive Order 12988 significant economic impact on a and florist plants).5 In the same year, the substantial number of small entities. wholesale value of the domestic sales of This proposed rule has been reviewed APHIS has prepared this IRFA in order chrysanthemums reached $210.8 under Executive Order 12988, Civil that the public may have the million.6 Justice Reform. If this proposed rule is opportunity to offer comments on The shorter postentry quarantine adopted: (1) All State and local laws and expected small-entity effects of this period for imported chrysanthemums regulations that are inconsistent with proposed rule. We address here items as may benefit U.S. importers/wholesalers this rule will be preempted; (2) no required by section 603(b) of the Act. and florist retailers. The proposed retroactive effect will be given to this APHIS is proposing to amend the change would reduce the cost to rule; and (3) administrative proceedings regulations on importing nursery stock chrysanthemum importers (categorized will not be required before parties may by providing an option in which the within North American Industry file suit in court challenging this rule. postentry quarantine growing period for Classification System [NAICS] code Paperwork Reduction Act articles Chrysanthemum spp., 424930), and those savings may be at Leucanthemella serotina, and least partially passed along to retailers In accordance with section 3507(d) of Nipponanthemum nipponicum that are of these plants (NAICS code 453110). the Paperwork Reduction Act of 1995 imported from certain locations would The Small Business Administration (44 U.S.C. 3501 et seq.), the information be reduced from 6 months to 2 months, (SBA) has established size standards for collection or recordkeeping provided that the grower of those plants determining which economic entities requirements included in this proposed has implemented a systems approach to meet the definition of a small firm. The rule have been submitted for approval to prevent the imported articles from being small-entity size standard for importers/ the Office of Management and Budget infected with CWR. wholesalers of flowers, nursery stock, (OMB). Please send written comments PPQ has determined that imported and florists’ supplies is 100 or fewer to the Office of Information and chrysanthemums that might be affected employees. For retail florists, the small- Regulatory Affairs, OMB, Attention: with CWR are likely to express entity size standard is $6.5 million or Desk Officer for APHIS, Washington, DC symptoms of this disease if it is present less in annual sale receipts. 20503. Please state that your comments within a 2-month postentry quarantine According to the 2002 Economic refer to Docket No. 03–002–4. Please period; the fact that the Census, there were approximately 4,854 send a copy of your comments to: (1) chrysanthemums would originate in wholesale establishments importing Docket No. 03–002–4, Regulatory countries not considered to be affected flowers, nursery stock, and florists’ Analysis and Development, PPD, with CWR and would be grown in supplies, and they employed 59,954 APHIS, Station 3A–03.8, 4700 River accordance with an APHIS-approved people. All but four of these Road Unit 118, Riverdale, MD 20737– workplan that meets the requirements of establishments were likely small 1238, and (2) Clearance Officer, OCIO, the systems approach would reduce the entities.7 According to the same census, USDA, room 404–W, 14th Street and likelihood that they would be infected there were 22,750 retail florist Independence Avenue SW., with CWR. Articles identified in establishments with total annual sales of Washington, DC 20250. A comment to postentry quarantine as being infected $6.63 billion in 2002. Their size OMB is best assured of having its full with CWR are then prevented from distribution is not reported. Both effect if OMB receives it within 30 days entering U.S. commerce. wholesale and retail entities, regardless of publication of this proposed rule. Under the Plant Protection Act (7 of their size, would benefit from the We are proposing to provide an U.S.C. 8301 et seq.), the Secretary of shorter quarantine period, but we are option in which the postentry Agriculture is authorized to implement quarantine growing period for articles programs and policies designed to 5 U.S. Department of Agriculture, Foreign Chrysanthemum spp., Leucanthemella prevent the spread of plant pests and Agricultural Service, U.S. Trade Statistics, serotina, and Nipponanthemum diseases. The objective of this proposed Harmonized Schedule 10-digit import codes nipponicum that are imported from rule is to provide another option for 0603107010, 0603107020, and 0602903010. certain locations would be reduced from 6 U.S. Department of Agriculture, NASS, importation of chrysanthemums that is Agricultural Statistics Board, Floriculture Crops 6 months to 2 months, provided that the based on current science and does not 2005 Summary, April 2006, pages 37 and 53. The grower of those plants has implemented compromise the phytosanitary safety of sum of wholesale value of all sales of potted Hardy/ a systems approach to prevent the U.S. floral plants. Garden Chrysanthemums ($141,845,000) and imported articles from being infected wholesale value of all sales of potted Florist This proposed rule may affect the Chrysanthemums ($68,944,000). And, U.S. with CWR. This would require the use volume of chrysanthemums imported Department of Agriculture, Economic Research of bilateral workplans and phytosanitary into the United States because some Service, Floriculture and Nursery Crops Outlook, certificates. importers may find that the reduction of Electronic Outlook Report, FLO–05, Table: We are soliciting comments from the Summary 9, September 22, 2006. costs due to the shortened postentry 7 Personal communication with Joe W. Begley, public (as well as affected agencies) quarantine period will be greater than General Manager, Technical Services Group, Yoder concerning our proposed information the additional cost for chrysanthemums Brothers, Inc., Parrish, Florida. collection and recordkeeping

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requirements. These comments will PART 319—FOREIGN QUARANTINE and in accordance with an APHIS- help us: NOTICES approved operational workplan that (1) Evaluate whether the proposed contains provisions for fulfilling the information collection is necessary for 1. The authority citation for part 319 systems approach requirements listed the proper performance of our agency s continues to read as follows: below. The systems approach functions, including whether the Authority: 7 U.S.C. 450, 7701–7772, and requirements are: information will have practical utility; 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR (i) Production sites must generate (2) Evaluate the accuracy of our 2.22, 2.80, and 371.3. plants for planting from propagative estimate of the burden of the proposed 2. Section 319.37–1 is amended by material that is free of chrysanthemum information collection, including the revising the definition of from to read as white rust (Puccinia horiana Henn.). validity of the methodology and follows: (ii) Production sites must write and assumptions used; implement standard operating (3) Enhance the quality, utility, and § 319.37–1 Definitions. procedures that include provisions for clarity of the information to be * * * * * adequate pest control, isolation of the collected; and From. An article is considered to be production site from host material not (4) Minimize the burden of the ‘‘from’’ the country where it, or the intended for export to the United States, information collection on those who are plants from which the article was regular inspection and testing, and to respond (such as through the use of derived, was actively growing for at training of production site employees. appropriate automated, electronic, least 9 months immediately prior to (iii) Production sites must keep mechanical, or other technological export. detailed records of all aspects of plant collection techniques or other forms of * * * * * production, including the origin of information technology; e.g., permitting 3. In § 319.37–5, paragraph (c) is articles of Chrysanthemum spp., electronic submission of responses). revised to read as follows: Leucanthemella serotina, and Estimate of burden: Public reporting Nipponanthemum nipponicum that will burden for this collection of information § 319.37–5 Special foreign inspection and be exported so that they may be traced is estimated to average 45.1 hours per certification requirements. back if necessary. Production sites must response. * * * * * label the containers in which the Respondents: Importers of nursery (c) Any restricted article (except articles are shipped in order to facilitate stock and NPPOs. seeds) of Chrysanthemum spp. traceback investigations. Estimated annual number of (chrysanthemum, includes (iv) The national plant protection respondents: 7. Dendranthema spp.), Leucanthemella organization of the country in which the Estimated annual number of serotina, or Nipponanthemum production site is located must oversee responses per respondent: 1.4285714. nipponicum, from any foreign place the production site and perform regular Estimated annual number of except Andorra, Argentina, Australia, audits to ensure that all elements of the responses: 10. Belarus, Bosnia and Herzegovina, Brazil, production system are in compliance Estimated total annual burden on Brunei, Canada, Canary Islands, Chile, with the requirements set out in this respondents: 451 hours. (Due to China, Colombia, Croatia, Ecuador, paragraph (c)(2) and in the workplan. averaging, the total annual burden hours Iceland, Japan, Korea, Liechtenstein, (v) APHIS must be allowed to perform may not equal the product of the annual Macedonia, Malaysia, Mexico, Moldova, on-site audits of the production site as number of responses multiplied by the Monaco, New Zealand, Norway, Peru, well. APHIS will perform audits at the reporting burden per response.) Republic of South Africa, Russia, San port of entry into which the plants are Copies of this information collection imported to ensure that these articles of can be obtained from Mrs. Celeste Marino, Switzerland, Taiwan, Thailand, Chrysanthemum spp., Leucanthemella Sickles, APHIS’ Information Collection Tunisia, Ukraine, Uruguay, Venezuela, serotina, and Nipponanthemum Coordinator, at (301) 734–7477. Yugoslavia; the European Union; and all countries, territories, and possessions of nipponicum meet the requirements set E-Government Act Compliance countries located in part or entirely out in this paragraph (c)(2) and in the ° ° The Animal and Plant Health between 90 and 180 East longitude workplan. Inspection Service is committed to must, at the time of arrival at the port (vi) The national plant protection compliance with the E-Government Act of first arrival in United States, be organization of the country in which the to promote the use of the Internet and accompanied by a phytosanitary production site is located and APHIS other information technologies, to certificate of inspection containing one will impose penalties and remedial provide increased opportunities for of the following declarations: action in the case of noncompliance. citizen access to Government (1) A declaration that such article was The national plant protection information and services, and for other grown in a greenhouse nursery and organization may not issue purposes. For information pertinent to found by the plant protection service of phytosanitary certificates for shipments E-Government Act compliance related the country in which it was grown to be of articles of Chrysanthemum spp., to this proposed rule, please contact free from white rust of chrysanthemum Leucanthemella serotina, and Mrs. Celeste Sickles, APHIS’ (caused by the rust fungus Puccinia Nipponanthemum nipponicum Information Collection Coordinator, at horiana P. Henn.) based on visual exported under the systems approach if (301) 734–7477. examination of the parent stock, the an audit reveals that the articles were articles for importation, and the not grown in compliance with the List of Subjects in 7 CFR Part 319 greenhouse nursery in which the requirements set out in this paragraph Coffee, Cotton, Fruits, Imports, Logs, articles for importation and the parent (c)(2) and in the workplan. Penalties Nursery stock, Plant diseases and pests, stock were grown, once a month for 4 that could be imposed will include, but Quarantine, Reporting and consecutive months immediately prior may not necessarily be limited to, recordkeeping requirements, Rice, to importation; or removal of the exporting production site Vegetables. (2) A declaration that such article was from the list of growers approved by Accordingly, we are proposing to grown in a production site that is a APHIS to ship these articles to the amend 7 CFR part 319 as follows: greenhouse or other enclosed building United States under this program.

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(vii) The government of the country in meets the requirements of § 319.37– 30, West Building Ground Floor, Room which the articles of Chrysanthemum 5(c)(1) of this subpart, for a period of 6 W12–140, 1200 New Jersey Avenue, SE., spp., Leucanthemella serotina, and months after importation. Washington, DC 20590. Nipponanthemum nipponicum are (C) If an article of Dianthus spp. • Fax: (202) 493–2251. produced or its designated (carnation, sweet-william), for a period • Hand Delivery: Room W12–140 on representative must enter into a trust of 1 year after importation. the ground floor of the West Building, fund agreement with APHIS before each (D) If an article of Hydrangea spp., for 1200 New Jersey Avenue, SE., growing season. The government of the a period of 9 months after importation. Washington, DC, between 9 a.m. and 5 country in which the articles are * * * * * p.m., Monday through Friday, except produced or its designated Federal holidays. representative is required to pay in Done in Washington, DC, this 2nd day of August 2007. Contact Boeing Commercial advance all estimated costs that APHIS Airplanes, P.O. Box 3707, Seattle, Kevin Shea, expects to incur through its involvement Washington 98124–2207, for the service in overseeing the execution of this Acting Administrator, Animal and Plant information identified in this proposed Health Inspection Service. paragraph (c)(2). These costs will AD. [FR Doc. E7–15421 Filed 8–7–07; 8:45 am] include administrative expenses FOR FURTHER INFORMATION CONTACT: BILLING CODE 3410–34–P incurred in conducting the services Berhane Alazar, Aerospace Engineer, enumerated in this paragraph (c)(2) and Airframe Branch, ANM–120S, FAA, all salaries (including overtime and the Seattle Aircraft Certification Office, DEPARTMENT OF TRANSPORTATION Federal share of employee benefits), 1601 Lind Avenue, SW., Renton, travel expenses (including per diem Federal Aviation Administration Washington 98057–3356; telephone expenses), and other incidental (425) 917–6577; fax (425) 917–6590. expenses incurred by the inspectors in performing these services. The 14 CFR Part 39 SUPPLEMENTARY INFORMATION: government of the country in which the [Docket No. FAA–2007–28884; Directorate Comments Invited articles are produced or its designated Identifier 2007–NM–116–AD] representative is required to deposit a We invite you to submit any relevant certified or cashier’s check with APHIS RIN 2120–AA64 written data, views, or arguments for the amount of the costs estimated by regarding this proposed AD. Send your Airworthiness Directives; Boeing comments to an address listed in the APHIS. If the deposit is not sufficient to Model 727 Airplanes meet all costs incurred by APHIS, the ADDRESSES section. Include the docket number ‘‘FAA–2007–28884; Directorate agreement further requires the AGENCY: Federal Aviation government of the country in which the Administration (FAA), Department of Identifier 2007–NM–116–AD’’ at the articles are produced or its designated Transportation (DOT). beginning of your comments. We representative to deposit with APHIS a specifically invite comments on the ACTION: Notice of proposed rulemaking overall regulatory, economic, certified or cashier’s check for the (NPRM). amount of the remaining costs, as environmental, and energy aspects of determined by APHIS, before the SUMMARY: The FAA proposes to adopt a the proposed AD. We will consider all services will be completed. After a final new airworthiness directive (AD) for all comments received by the closing date audit at the conclusion of each shipping Boeing Model 727 airplanes. This and may amend the proposed AD in season, any overpayment of funds proposed AD would require repetitive light of those comments. would be returned to the government of external high frequency eddy current We will post all comments we the country in which the articles are (HFEC) inspections of the crown skin receive, without change, to http:// produced or its designated for cracks at certain stringer attachment dms.dot.gov, including any personal representative or held on account until holes, and repair if necessary. This information you provide. We will also needed. proposed AD results from a report of post a report summarizing each cracks at multiple locations on certain substantive verbal contact with FAA * * * * * personnel concerning this proposed AD. 4. Section 319.37–7 is amended by areas of the crown skin. We are Using the search function of that Web revising paragraph (d)(7)(ii) to read as proposing this AD to detect and correct site, anyone can find and read the follows: fatigue cracks of the crown skin, which could result in rapid decompression of comments in any of our dockets, § 319.37–7 Postentry quarantine. the airplane. including the name of the individual who sent the comment (or signed the * * * * * DATES: We must receive comments on comment on behalf of an association, (d) * * * this proposed AD by September 24, business, labor union, etc.). You may (7) * * * 2007. (ii) If an article of a genus or species review DOT’s complete Privacy Act listed in this paragraph, to grow the ADDRESSES: Use one of the following Statement in the Federal Register article or increase therefrom only in a addresses to submit comments on this published on April 11, 2000 (65 FR greenhouse or other enclosed building proposed AD. 19477–78), or you may visit http:// for the period listed below: • DOT Docket Web site: Go to dms.dot.gov. (A) If an article of Chrysanthemum http://dms.dot.gov and follow the Examining the Docket spp., Leucanthemella serotina, and instructions for sending your comments Nipponanthemum nipponicum that electronically. You may examine the AD docket on meets the requirements of § 319.37– • Government-wide rulemaking Web the Internet at http://dms.dot.gov, or in 5(c)(2) of this subpart, for a period of 2 site: Go to http://www.regulations.gov person at the Docket Operations office months after importation. and follow the instructions for sending between 9 a.m. and 5 p.m., Monday (B) If an article of Chrysanthemum your comments electronically. through Friday, except Federal holidays. spp., Leucanthemella serotina, and • Mail: U.S. Department of The Docket Operations office (telephone Nipponanthemum nipponicum that Transportation, Docket Operations, M– (800) 647–5527) is located on the

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