43503

Rules and Regulations Federal Register Vol. 72, No. 150

Monday, August 6, 2007

This section of the FEDERAL REGISTER River Road Unit 133, Riverdale, MD address specific issues that have arisen contains regulatory documents having general 20737–1236; (301) 734–5306. as we continue to enforce the applicability and legal effect, most of which SUPPLEMENTARY INFORMATION: regulations. are keyed to and codified in the Code of One commenter expressed concern Federal Regulations, which is published under Background about the introduction of invasive 50 titles pursuant to 44 U.S.C. 1510. The regulations in 7 CFR part 319 species into the United States via the The Code of Federal Regulations is sold by prohibit or restrict the importation of importation of nursery stock and stated the Superintendent of Documents. Prices of certain plants and plant products into that any species of nursery stock being new books are listed in the first FEDERAL the United States to prevent the imported into the United States should REGISTER issue of each week. introduction of plant pests. The be studied for 1 year prior to regulations contained in ‘‘Subpart— importation. The commenter also Nursery Stock, Plants, Roots, Bulbs, suggested that a tax be imposed on the DEPARTMENT OF AGRICULTURE Seeds, and Other Plant Products,’’ importation of nursery stock to help §§ 319.37 through 319.37–14 (referred to defray the cost of eradicating invasive Animal and Plant Health Inspection below as the regulations), restrict, species. Service among other things, the importation of As discussed in the December 2004 living plants, plant parts, and seeds for ANPR, we are considering whether to 7 CFR Parts 319, 330, and 340 propagation. adopt more restrictive regulations for the importation of nursery stock. We [Docket No. 03–002–3] On December 15, 2005, we published in the Federal Register (70 FR 74215– may in the future elect to establish RIN 0579–AC51 74235, Docket No. 03–002–1) a regulations that will allow us to take a proposal 1 to make several amendments precautionary approach to the Importation of Nursery Stock to the nursery stock regulations. We importation of species that have not solicited comments concerning the been imported before. In response to the AGENCY: Animal and Plant Health proposal for 60 days ending February commenter’s second suggestion, APHIS Inspection Service, USDA. 13, 2006. We reopened and extended does not have the authority to impose a ACTION: Final rule. the deadline for comments until March tax on the importation of nursery stock; 31, 2006, in a document published in we are only authorized to charge user SUMMARY: We are amending the the Federal Register on February 28, fees for services we provide. regulations on importing nursery stock 2006 (71 FR 9978, Docket No. 03– to eliminate various restrictions on the Definition of From 002–2). We received 25 comments by importation of kenaf seed; to establish The definition of from in § 319.37–1 that date, from 23 commenters, programs for the importation of currently provides that an article is including private citizens, State and approved plants from the Canary Islands considered to be ‘‘from’’ any country or local governments, industry and from Israel; to require an additional locality in which it was grown. The organizations, individual industry declaration on the phytosanitary current regulations also provide that an companies, and foreign national plant certificate accompanying blueberry article imported into Canada from protection organizations. The comments plants imported from Canada; to require another country or locality shall be are discussed below by topic. that phytosanitary certificates include considered as being solely ‘‘from’’ the genus names of the restricted General Comments Canada if it is imported into the United articles they accompany, and the Two commenters asked how the States directly from Canada after having species names when restrictions apply proposed rule fits into the ongoing been grown for at least 1 year in Canada; has never been grown in a country from to species within a genus; to change the revision of the nursery stock which it would be a prohibited article phytosanitary certificate requirements regulations, which was first discussed or from which it would be subject to for several restricted articles; to reduce in an advanced notice of proposed special foreign inspection, certification, the postentry quarantine growing period rulemaking (ANPR) that was published treatment, or other requirements; was for Hydrangea spp.; and to update the in the Federal Register on December 10, not grown in a country or locality from list of ports of entry and Federal plant 2004 (69 FR 71736–71744, Docket No. which it would be subject to postentry inspection stations. We are also making 03–069–1). quarantine requirements, unless it was several other changes to update and We are continuing with our efforts to grown in Canada under postentry clarify the regulations and improve their revise the nursery stock regulations. As growing conditions equivalent to those effectiveness. These changes are the commenters noted, the revision will specified for the article in § 319.37–7; necessary to relieve restrictions that take several years to fully implement. and was not imported into Canada in appear unnecessary, update existing We anticipate completing the revision growing media. provisions, and make the regulations in stages. As we implement the easier to understand and implement. We proposed to replace this definition revisions, we will continue to enforce with a new definition of from, in order DATES: Effective Date: September 5, the current regulations. The changes in to remove the language that imposed 2007. the proposed rule were designed to special restrictions on the importation FOR FURTHER INFORMATION CONTACT: Dr. of regulated articles from Canada. The 1 To view the proposed rule and the comments Arnold T. Tschanz, Senior Import we received, go to http://www.regulations.gov/ proposed definition of from read: ‘‘An Specialist, Commodity Import Analysis fdmspublic/component/ article is considered to be ‘‘from’’ an and Operations, PPQ, APHIS, 4700 main?main=DocketDetail&d=APHIS-2005-0081. exporting country or area when it was

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grown or propagated only in the under which sampling and inspection than in the country of origin of the exporting country or area, or when it can take place in the country of origin articles being exported. was grown in the exporting country or in a preclearance program. The program the commenter referred area after it entered the exporting One commenter supported the to has not yet been approved by the country or area from another country or expression of our intent to provide parties that would participate in it. If area under conditions that are regular supervision in preclearance and the program is approved, we will make equivalent to those that would be asked whether the word ‘‘regular’’ any changes to our regulations that may required by the United States if the meant that APHIS would supervise at be necessary for its implementation. plant were imported into the United set intervals, rather than a random basis. We are making one change to our States directly from any of the countries We have always provided regular proposed definition of preclearance in or areas where the plant was grown supervision of inspection and clearance this final rule. The proposed definition, prior to its entry into the exporting during preclearance according to the taken directly from the IPPC Glossary of country or area.’’ terms of the workplan developed Phytosanitary Terms, referred to APHIS We received several comments on our between APHIS and the NPPO of the providing phytosanitary certification in proposed definition. Many of these country of origin of the precleared the country in which an article of commenters were concerned that the articles.3 Typically, the workplan nursery stock to be imported is grown. proposed definition might weaken our requires APHIS’ participation in However, under our arrangements with protections against the importation of preclearance activities, either at set foreign NPPOs, only the foreign NPPO potentially risky nursery stock. Three intervals or at specific points during the issues phytosanitary certificates; APHIS commenters asked us to clarify whether production process for the articles. preclearance officers instead inspect articles prohibited from another country Two commenters recommended that articles to ensure that they meet the would continue to be prohibited even preclearance sampling and inspection at requirements of the regulations. after importation to a second country, the production site be one of the main Therefore, in this final rule, we have regardless of the time that the articles elements of plant protection employed replaced the reference to phytosanitary remained in that country. by APHIS. These commenters stated certification with a reference to Some commenters expressed concern that this would require a greater phytosanitary inspection. that the proposed definition would be commitment to assigning trained Plant Protection Act Definitions personnel to work on location, perhaps difficult to enforce, since the national We proposed to add definitions of two stationing APHIS employees plant protection organization (NPPO) of terms to the regulations and to revise permanently at foreign sites of an exporting country would have to the definitions of three other terms to production. keep track of any plant material that make those definitions consistent with entered its country in case it was We implement preclearance procedures based on the type of the definitions found in title IV of the reexported at some point in the future. Agricultural Risk Protection Act of Other commenters expressed general restricted articles being precleared for importation and the level of APHIS 2000, known as the Plant Protection Act concern about whether the restrictions (7 U.S.C. 7701 et seq.). One of the terms on the importation of nursery stock in involvement we believe is warranted. This may involve, as the commenter that we proposed to add to the general are adequate to prevent the regulations was plant, which we introduction of plant pests, when it can suggests, stationing APHIS employees permanently at foreign sites of proposed to define, following the Plant be difficult to determine what pests a Protection Act, as: ‘‘Any plant plant has been exposed to. production or treatment facilities, or sending APHIS personnel to production (including any plant part) for or capable We agree that these commenters have of propagation, including a tree, a tissue identified significant issues with our sites for specific tours of duty to survey and inspect at the appropriate times culture, a plantlet culture, pollen, a proposed definition of from. We are shrub, a vine, a cutting, a graft, a scion, withdrawing that proposed change in during the production process. It may also involve APHIS employees a bud, a bulb, a root, and a seed.’’ this final rule. We will revisit this issue One commenter recommended that consulting with employees of the NPPO in a separate proposed rule. the definition of plant include cell of the country of origin regarding Definition of Preclearance cultures in solution. standards or requirements for The definition includes any plant We proposed to add a definition of phytosanitary certification. For any (including any plant part) for or capable preclearance to § 319.37–1. The preclearance program, the details of of propagation. This category includes definition we proposed to add is APHIS supervision are specified in the cell cultures in solution, even though consistent with the definition of that workplan developed between APHIS cell cultures in solution are not listed as term in the International Plant and the NPPO of the country of origin. examples of members of the category. Protection Convention’s (IPPC) 2002 One commenter was concerned that (In the definition, the use of the term Glossary of Phytosanitary Terms the proposed definition would not ‘‘includes’’ indicates that the list is not (International Standards for accommodate a bulb export program exhaustive.) We are not changing the Phytosanitary Measures [ISPM] currently under development in which proposed definition to include cell 2 publication number 5). The proposed bulbs would be produced in certified cultures in solution as an example definition read: ‘‘Phytosanitary fields in Germany and Poland, thus because we believe it is important for certification and/or clearance in the meeting the requirements in § 319.37– the regulations to be consistent with the country in which the articles were 5(a), and then moved to the Netherlands Plant Protection Act. grown, performed by or under the for processing prior to export. In this Because the definition of plant that regular supervision of APHIS.’’ Our program, APHIS inspectors would we proposed to add to the regulations is intention was to clarify the conditions preclear bulbs in the Netherlands, rather broader than the scope of the plants we regulate in the nursery stock 2 ISPMs may be viewed on the World Wide Web 3 We published in the Federal Register a notice at https://www.ippc.int/IPP/En/default.jsp. Click on providing background information on bilateral regulations, we also proposed to add a the ‘‘Standards’’ link on the home page to view the workplans on May 10, 2006 (71 FR 27221–27224, definition of regulated plant to the ISPMs. Docket No. APHIS–2005–0085). regulations that would include only

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those plants regulated in the nursery Again, our intention in revising the produced from plants that have been stock regulations. This proposed definition of plant pest was to make that determined to be free of plant pests and definition read: ‘‘Any gymnosperm, definition consistent with the definition carefully monitored throughout the angiosperm, fern, or fern ally. of that term in the Plant Protection Act. production process to ensure their Gymnosperms include cycads, conifers, We have no intention of broadening the continued freedom from plant pests. and gingko. Angiosperms include any scope of the pests we regulate or issue Along these lines, one commenter stated flowering plant. Fern allies include club permits for at this time. that some fastidious and cryptic moss, horsetail, whisk fern, spike moss, We are making one other minor organisms can survive the process if the and quillwort.’’ change to the Plant Protection Act- source plant is infected. The commenter One commenter asked why the term derived definitions we proposed. Like cited Odontoglossum ring spot virus ‘‘regulated’’ was used and stated that the the current definition of regulated and Cymbidium mosaic virus in orchids proposed definition appeared to be even article, the definition of regulated article as good examples. This commenter broader than the proposed definition of in the December 2005 proposed rule further stated that the fact that a plant plant. began: ‘‘Any class of nursery stock or is growing in aseptic conditions does We are using the term ‘‘regulated’’ to other regulated plant, root, bulb, seed, not imply that it is free of foliar make it clear that the scope of plants or other plant product * * *’’ The nematodes. Other commenters noted included in the nursery stock words ‘‘class of nursery stock or other’’ that the proposed regulations placed no regulations is limited to the plants are redundant, and we are removing conditions on the importation of plants included in the definition of regulated them in this final rule. in vitro other than being imported in an plant. We believe that the meaning of Plants In Vitro aseptic medium; under the proposed the term ‘‘regulated’’ is apparent to most regulations, there would be no way to readers of the regulations. The We proposed to remove several verify that the proper production definition of regulated plant is narrower restrictions on plants in vitro. The practices had been followed, or to trace in scope than the definition of plant; the IPPC’s 2002 Glossary of Phytosanitary the plants back to their production site former excludes nonvascular plants Terms defines plants in vitro as ‘‘plants if they proved to be affected by plant such as mosses and green algae, to name in an aseptic medium in a closed pests. Two commenters stated that two examples. container.’’ Specifically: plants in vitro should be generally • We are making one minor change to We proposed to amend § 319.37– admissible, but only if they are the proposed definition of regulated 3(a)(5) of the regulations to exempt produced in accordance with a general plant in this final rule. To make the last shipments of plants in vitro from the clean stock program, as described in the sentence of the definition of regulated requirement that lots of 13 or more December 2004 ANPR. plant consistent with the second articles offered for importation into the Based on these comments, we are sentence of the definition, we are United States must be accompanied by withdrawing the proposed changes that making the examples in that sentence a written permit issued by a Plant would have made plants in vitro plural rather than singular. Protection and Quarantine (PPQ) generally admissible. They will We also proposed to revise the inspector. This exemption would not continue to be subject to the permit and definition of plant pest to make it apply if importation of the plants is phytosanitary certificate requirements. consistent with the definition of that restricted or prohibited elsewhere in the We agree with the commenters who term in the Plant Protection Act. The nursery stock regulations. This would stated that plants in vitro produced in a definition had read: ‘‘The egg, pupal, also mean that plants in vitro could program designed to ensure pest and larval stages as well as any other enter the United States at any port of freedom would pose an extremely low living stage of: Any insects, mites, entry authorized in 7 CFR part 330 for risk of introducing a quarantine pest nematodes, slugs, snails, protozoa, or articles not required to be imported into the United States. We are other invertebrate animals, bacteria, under a written permit. considering developing such a program fungi, other parasitic plants or • We also proposed to amend and adding it to the regulations. reproductive parts thereof, viruses, or § 319.37–4(a) of the regulations to However, in order to verify that any organisms similar to or allied with exempt plants in vitro from the producers of plants in vitro comply with any of the foregoing, or any infectious requirement that restricted articles the requirements of such a program, we substances, which can directly or offered for importation into the United would need to require that articles indirectly injure or cause disease or States be accompanied by a produced in such a program be damage in any plants or parts thereof, or phytosanitary certificate from the accompanied by a phytosanitary any processed, manufactured, or other country of origin, unless their certificate. products of plants.’’ We proposed to importation is restricted or prohibited One commenter recommended that revise it to read: ‘‘Any living stage of elsewhere in the nursery stock APHIS allow the importation of plants any of the following that can directly or regulations. These changes would make in vitro even if the importation of their indirectly injure, cause damage to, or plants in vitro whose importation is not genus or species is otherwise cause disease in any plant or plant otherwise restricted or prohibited prohibited. product: A protozoan, a nonhuman generally admissible into the United This may be possible if the plants are animal, a parasitic plant, a bacterium, a States. produced in accordance with a program fungus, a virus or viroid, an infectious To accomplish these changes, we of the type described above. We will agent or other pathogen, or any article proposed to add a definition of plants in consider this issue as part of our similar to or allied with any of these vitro to the regulations in § 319.37–1. deliberation on whether to develop such articles.’’ The proposed definition was identical a program. One commenter noted that the to the IPPC definition quoted above. In a related matter, we proposed to proposed definition, which included Six commenters recommended that amend § 319.37–8(c) of the regulations, nonhuman animals, was broader in we not proceed with these proposed which had stated: ‘‘A restricted article scope than the previous definition, changes. The commenters focused on growing solely in agar or in other which only included invertebrate the fact that plants in vitro pose an transparent or translucent tissue culture animals. extremely low risk only if they are medium may be imported established in

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such growing media.’’ We proposed to Several commenters stated that the plum pox virus, and the regulations in remove the requirement that the proposed requirement did not make any § 319.37–2(a) prohibit the importation of growing medium be transparent or allowance for plants gathered on plant Berberis spp. except for species and translucent in order to allow the use of exploration research expeditions, where cultivars that have been designated as charcoal in the growing medium. species data may not be available; resistant to black stem rust. Inspectors Charcoal is commonly used by unnamed, recently discovered species; enforcing such regulations need to be importers of plants in vitro as a or interspecific or intergeneric hybrids, able to quickly distinguish what species detoxifying agent; if it is used as an including naturally occurring seedlings or cultivar is being offered for additive in growing media, it will still from unknown parents. One of these importation in order to determine be easy to determine whether the commenters suggested that instead we whether the plants meet the growing media meets the aseptic use the language in the IPPC’s ISPM No. requirements in the regulations. standard prescribed in the definition of 12, ‘‘Guidelines for Phytosanitary To ensure that inspectors have the plants in vitro, because any bacteria in Certificates,’’ which recommends that information they need while the growing media would quickly plants and plant products be identified accommodating the need for exceptions reproduce and form a large mass. on a phytosanitary certificate using when species data are not available, we Therefore, we proposed to revise this accepted scientific names, at least to have changed the proposed requirement paragraph to read: ‘‘Plants in vitro may genus level but preferably to the species in this final rule. Instead of requiring be imported in their growing media.’’ level. Another commenter suggested that the genus and species name of a Two commenters specifically allowing the cultivar name of a plant to restricted article offered for importation addressed this issue, noting that our be provided as an alternative to the be included on the phytosanitary statement that bacteria in media would species name. One commenter certificate accompanying that article, ‘‘quickly reproduce and form a large suggested establishing a system through this final rule requires that, when the mass’’ assumes that the growing which plants whose taxonomic regulations place restrictions on requirements in the regulations related information was unknown could be individual species or cultivars within a to plant-associated bacteria are met imported under permit, with monitoring genus, the phytosanitary certificate must when plants are produced in in vitro of the destination and disposal of the also identify the species or cultivar of media. The commenters stated that this material. the article it accompanies. Otherwise, is not the case. Other commenters opposed the identification of the species is strongly The regulations do not contain any change entirely. Two commenters asked preferred, but not required. In cases in general requirements for plants why it was necessary to require species which species is not known, the produced in in vitro media. The information to be listed in cases when phytosanitary certificate may identify previous requirement was intended to our restrictions are applied at the genus the cultivar name of the restricted aid inspection of plants grown and level. Two other commenters stated that article it accompanies, except where the imported in their growing media. If we many genera of certain plant types can regulations place restrictions on become aware of any specific risks have dozens of species. These individual species. related to the importation of certain commenters expressed concern that the Further, we are requiring that plants in growing media, we will amend need for NPPO inspection staff to verify intergeneric and interspecific hybrids be the regulations accordingly to address all plants in a consignment to the designated by placing the multiplication those specific risks. However, as a species level will cause unnecessary sign ‘‘×’’ between the names of the general requirement, we believe the use delays in the inspection and parent taxa. If the hybrid is named, the of growing media with a charcoal consequently the shipping process and multiplication sign may instead be additive will still allow for effective will detract from the inspector’s primary placed before the name of an inspection of the growing media upon objective to detect and identify diseases intergeneric hybrid or before the epithet importation, for the reasons stated in the and insect pests. One of these in the name of an interspecific hybrid. proposed rule. We are making no commenters also expressed concern that We are not making an exception in changes to the proposed rule in use of the species name might cause the phytosanitary certificate regulations response to this comment. identification errors that could result in for unnamed or unknown articles, as the Because we are not adding a delays when restricted articles are information we have indicates that they definition of plants in vitro to the offered for importation. The have been imported extremely regulations at this time, we need to commenters requested that the proposal infrequently. Persons wishing to import revise our proposed wording. This final be amended to require that only those unnamed or unknown articles into the rule therefore modifies paragraph (c) of species that have special requirements United States are encouraged to contact § 319.37–8 to read: ‘‘ A restricted article or are regulated by the Convention of PPQ’s Permit Unit for information about growing solely in agar or in other tissue International Trade in Endangered importing such articles through a culture medium may be imported Species should be identified on the departmental permit. This would allow established in such growing media.’’ phytosanitary certificates by both genus the unnamed or unknown articles to be and species. imported for identification or research Genus and Species Name on We agree with the commenters who purposes, similar to the conditions Phytosanitary Certificates stated that we need to provide for described by one of the commenters. The regulations in § 319.37–4(a) situations in which the species name is The regulations in this final rule currently require that any restricted not known, and we understand the indicate that we strongly prefer that article offered for importation into the burden that listing species names can species be listed on the phytosanitary United States be accompanied by a impose. However, some requirements in certificate, even when listing species is phytosanitary certificate of inspection, the regulations place restrictions on not required. We continue to request with certain exceptions. We proposed to specific species or cultivars within a this information for data-gathering additionally require that the genus; for example, the regulations in purposes. We need to know the number, phytosanitary certificate include the § 319.37–5(b) restrict the importation of size, and volume of imports of nursery genus and species name of the restricted certain species within the genus Prunus stock in order to better assess what article that it accompanies. based on whether they are immune to overall risks presented by plants for

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planting need to be better addressed. certificate would also list the scientific importation into the United States. The This effort is part of the Q–37 revision name of the bulb, the bulbs’ country of special certificates will serve as an mentioned earlier in this document. In origin, and an expiration date after indication that the bulbs have been addition, requesting that species which the special certificate could no inspected and certified, and they will be information be entered where known is longer be used in lieu of a phytosanitary related to a specific phytosanitary consistent with IPPC guidelines, as certificate. We proposed that the certificate in all cases. Any fraud discussed earlier. expiration date for the special committed using the special certificates In discussing this change, the certificates would be 4 weeks after the would be investigated by APHIS’ preamble of the proposed rule stated issuance of the phytosanitary certificate Investigation and Enforcement Services. that ‘‘having the genus and species held by the NPPO of the Netherlands. We do not believe it would be name available would allow inspectors Commercial shipments of bulbs from prudent to specifically refer to § 319.37– to easily identify restricted articles the Netherlands must be precleared for 5(a) in the regulations governing the presented for importation and thus entry into the United States by a PPQ issuance and use of the special better assess any risks that may be inspector. In addition, under § 319.37– certificates, as the phytosanitary associated with their importation.’’ One 5(a), all bulbs imported from the certification requirements for bulbs from commenter stated that a risk assessment Netherlands must be accompanied by a the Netherlands may change over time should be performed prior to phytosanitary certificate with an and thus may be contained in different importation of the articles in question, additional declaration that the bulbs sections of the regulations. We are unless it is meant to give the individual offered for importation were grown on making no changes to the proposed rule inspector a management tool to make a land that has been sampled and in response to these comments. selection of the products presented for microscopically inspected by the plant One commenter cited high rejection importation. protection organization of the rates in recent years for shipments of As the commenter stated, our Netherlands and found to be free from bulbs from the Netherlands and stated inspectors are not conducting risk the potato cyst nematodes Globodera that using special certificates would not assessments at the ports; rather, they rostochiensis (Woll.) Behrens and G. be advisable if the phytosanitary make decisions about how to apply the pallida (Stone) Behrens within the past certificates were already suspect. regulations, which are the result of risk 12 months. Our records do not indicate high assessments. The phytosanitary The proposed special certificate rejection rates either for bulbs that are certificates that have accompanied would accompany small individual inspected and precleared in the restricted articles may not have enough shipments of bulbs imported into the Netherlands or for bulbs from the information to allow an inspector to United States in passenger baggage; the Netherlands that have been inspected determine what restrictions apply to its special certificate would be easier for and released at a U.S. port of entry. importation in cases where restrictions individuals to obtain than a full Bulbs entering the United States with a apply to species or cultivars within a phytosanitary certificate. The clearance special certificate would have been genus. The proposed change was process at the port of entry would inspected by the NPPO of the intended to address this problem. We continue to serve as an additional Netherlands. The special certificate appreciate the opportunity to clarify this mitigation against the risk of indicates that the bulbs have been point. introduction of nematodes into the inspected and a phytosanitary certificate One commenter, addressing the fact United States. was issued for the lot of bulbs. The that we need data on which species are One commenter was concerned that, special certificate is traceable to the imported to further our efforts to revise while the special certificate would be actual phytosanitary certificate on file in the nursery stock regulations, stated that linked to a phytosanitary certificate the Netherlands. These bulbs would the data should be obtained from forms issued, held, and retrievable upon also be subject to inspection when the other than the phytosanitary certificate. request by the NPPO of the Netherlands, passenger arrives at a United States port The Paperwork Reduction Act the proposed regulations did not of entry. If there are phytosanitary obligates us to minimize paperwork contain any provisions linking the bulbs problems with bulbs under the special burden on stakeholders; requiring genus imported under the special certificate to certificate, we would notify the NPPO of and species data to be submitted on a the requirements of § 319.37–5(a). Thus, the Netherlands for corrective action. different form would be an unjustifiable the commenter stated, bulbs imported One commenter, the Netherlands duplicate paperwork burden. We are under the proposed special certificate NPPO, stated that the proposed program making no further changes to the might have originated in someone’s agreed to by APHIS and the Netherlands proposed rule in response to these backyard. Two other commenters stated NPPO had specified that the special comments. that the proliferation of special certificates would be valid for 6 weeks, certificates could allow these rather than 4. Phytosanitary Certificates for Bulbs documents to be misused and thus The commenter is correct, and we From the Netherlands increase the risk of introduction of have made that change in this final rule. We proposed to amend paragraph potato cyst nematodes into the United The Netherlands NPPO also stated § 319.37–4(a) of the regulations, which States. that it and APHIS had agreed to a requires that most restricted articles All bulbs imported from the workplan that states that no imported into the United States be Netherlands are subject to the phytosanitary certificates, either accompanied by a phytosanitary requirements in § 319.37–5(a). Special originals or copies, will accompany certificate, to allow small individual certificates would be assigned to lots of shipments of bulbs that have been shipments of bulbs from the bulbs inspected and certified under the precleared in the Netherlands; they are Netherlands to enter with a special phytosanitary certificate issued for that given to the APHIS inspector in the certificate related to a phytosanitary particular lot as part of the preclearance Netherlands or mailed to APHIS offices. certificate. The special certificate would process. A phytosanitary certificate However, the language in § 319.37–5(a) list a serial number that would refer to would not be issued for a lot of bulbs states that the phytosanitary certificate a phytosanitary certificate held by the unless the bulbs in the lot meet all the must accompany the bulbs ‘‘at the time NPPO of the Netherlands. The special requirements in the regulations for of arrival at the port of first arrival in the

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United States,’’ which contradicts the We evaluated the Canadian request a new paragraph (e). We have also made workplan. for a seed export program on the basis minor adjustments to the language in The commenter is correct that the of whether such importation would proposed paragraph (a) to reflect this specific language ‘‘at the time of arrival increase the risk of introducing a seed- change. borne plant pest into the United States. at the port of first arrival in the United Blueberry Plants From Canada States’’ would not allow the program to Our evaluation concluded that, under work as proposed. We are removing that the conditions specified in the proposal, We proposed to add a new paragraph language from § 319.37–5(a) in this final the absence of a phytosanitary § 319.37–5(t) to the regulations to rule. The phytosanitary requirements in certificate would not increase that risk. require that phytosanitary certificates § 319.37–5(a) will remain otherwise Whether Canada would reciprocate was that accompany Vaccinium unchanged. not a subject of our evaluation. corymbosum (blueberry) plants that are One commenter expressed concern One commenter asked whether imported from Canada must contain an that the current preclearance program imposing these requirements on the additional declaration stating that the for bulbs from the Netherlands only importation of Canadian seed was plants are free of blueberry scorch addresses the specific nematode pests unlawful discrimination against carlavirus. cited earlier. The commenter stated that Canadian seed exports. Blueberry scorch carlavirus causes imported bulbs can carry other pests This change liberalizes trade by blueberry scorch disease, the primary that are of concern to nurseries, removing the requirement for a symptom of which is blighting of both commercial flower growers, State phytosanitary certificate while flowers and new vegetative growth at providing other conditions that departments of agriculture, and peak bloom. Blighted blossoms fail to maintain phytosanitary security. We industries other than the nursery produce fruit, and infected plants in proposed this change at the request of industry. The commenter cited general are less vigorous than healthy the Canadian NPPO, so we are assuming Ditylenchus dipsaci and D. destructor as plants. Bushes, once infected, may show that they do not believe that this change two pests that are of concern to the symptoms each year. Initially, only one discriminates against seed exports from potato industry and that are regulated or few branches may have blighted their country. Canadian seed exporters by some State departments of flowers and leaves, but after a few years still have the option of obtaining a agriculture. The commenter urged the entire bush may show symptoms. phytosanitary certificate for each We proposed to require this APHIS to expend more effort on shipment they export to the United additional declaration on the ensuring that regulated nonquarantine States. phytosanitary certificate accompanying pests are not imported into the United One commenter, the Canadian NPPO, V. corymbosum plants because virulent States via bulbs and other nursery stock. requested that the United States exempt strains of blueberry scorch carlavirus At this time, APHIS has not identified small shipments of commercially have been found that exist only in any regulated nonquarantine pests and packaged seed from all phytosanitary Canada. has not established regulations for their requirements to facilitate their export to One commenter stated that other official control. In order for APHIS to the United States. The commenter stated plants can serve as hosts of blueberry restrict the importation of regulated that the risk presented by such packages scorch carlavirus, including huckleberry nonquarantine pests under the IPPC, we should be minimal due to the small and cranberry plants. would have to identify regulated quantity of seeds being shipped under We agree with this commenter. In this nonquarantine pests (including such an exemption. final rule, we are expanding the scope providing scientific justification for We have not previously received a of the additional declaration regulating them) and establish official proposal for such an exemption, and we requirement to include all Vaccinium control mechanisms. We have not yet cannot make such a change without spp., not just V. corymbosum. done so. We are considering whether to giving the public an opportunity to One commenter asked us to change develop procedures for identifying such comment on it. We are making no the proposed regulations so that they pests and whether to establish changes in response to this comment. stated that the declaration of freedom regulations to control their importation. We will note that such a change would has to be based on annual testing of the We cannot take any action against be inconsistent with the regulations that ‘‘mother’’ plants used for propagation regulated nonquarantine pests in this set out conditions for importing small rather than just visual inspection. final rule. lots of seed without a phytosanitary Another commenter addressed the same Importation of Certain Seeds From certificate, which we established in a issue in noting that the virus has a 2- Canada final rule published in the Federal year latent period. Register on April 13, 2006 (71 FR We agree with these commenters. In We proposed to add a new paragraph 19097–19102, Docket No. 02–119–2). this final rule, we are requiring that (d) to § 319.37–4 of the regulations to Related to the rule establishing Vaccinium spp. from Canada be grown allow seed exported from Canada that conditions for the importation of small in an approved certification program for meets certain conditions to be imported lots of seed without a phytosanitary blueberry scorch carlavirus. APHIS into the United States without a certificate, we are making one change to would evaluate certification programs phytosanitary certificate. To be eligible the proposed rule text in this final rule. for blueberry scorch carlavirus upon for this exemption, Canadian exporters We had proposed to add the Canadian request. of seed would have to register with and seed program in a new paragraph (d) in One commenter pointed out an participate in a seed export program that § 319.37–4. Since the publication of the inconsistency in our proposal: The would be established by the Canadian proposed rule, the final rule establishing proposed declaration applied broadly to Food Inspection Agency (CFIA). conditions under which small lots of all strains of blueberry scorch One commenter asked whether seed may be imported without a carlavirus, but the preamble to the Canada would establish a similar phytosanitary certificate added a new proposed rule expressed concern about program to allow U.S. seed to be paragraph (d) to § 319.37–4 that sets out specific virulent strains of blueberry exported to Canada without a those conditions. Accordingly, this final scorch carlavirus that have been found phytosanitary certificate. rule adds the Canadian seed program in only in Canada. The commenter

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asserted that restricting importation for One of these commenters stated that of other blueberry diseases, such as all strains of the virus is not justified, as the CFIA has conducted extensive blueberry shock virus. some strains of the virus are also found surveying in the province of British Blueberry shock virus is present in in the United States and are not under Columbia; additional surveying would the United States, and we do not have official control. be required in suspect U.S. States to an official program to control its spread; We agree with this comment. In this determine the true range of these new therefore, we would not be justified in final rule, we are requiring that strains of the virus. The other stated that placing restrictions on the importation Vaccinium spp. imported into the the commenter’s organization was of blueberries to prevent its United States be grown in an approved unaware of a risk assessment or national introduction. We are not currently certification program and tested free of survey having been conducted by the aware of any blueberry diseases that are only the BC–1 and BC–2 strains of United States to determine whether the not present in the United States and that blueberry scorch carlavirus. Canadian strains of blueberry scorch carlavirus are present in other countries from government information indicates that that are of concern are present in the which the United States imports these strains are distinct from the United States. blueberries that are not already Northwest strain (present in the States While blueberry plants have moved addressed in the regulations. We of Oregon and Washington) and the East between Canada and the United States, welcome suggestions regarding other Coast strain (first identified in New their importation into the United States blueberry diseases that may be Jersey and present in that and some has also been subject in many cases to appropriate for us to address in the 4 surrounding States). To our knowledge, State regulations that require them to be regulations. the BC–1 and BC–2 strains are not free of blueberry scorch carlavirus. (As Programs for Importation of Approved present in the United States. These one of these commenters noted, the Plants From the Canary Islands and strains are more aggressive than the British Columbia Ministry of From Israel strains that are present in the United Agriculture and Lands has worked with We proposed to add new paragraphs States, having infected approximately the State departments of agriculture in (u) and (v) to § 319.37–5 to establish 30 percent of blueberry production Oregon and Washington to develop a fields in British Columbia since 2000. programs to govern the importation of certification program for the approved plants from the Canary Islands With these changes, paragraph (t) of propagation of blueberry plants based § 319.37–5 reads as follows in this final of Spain and from Israel, respectively. on testing and isolation.) Surveys that rule: ‘‘For any Vaccinium spp. plants Under this proposal, the NPPO of the have been conducted at the State level from Canada, the phytosanitary country of origin, the growers in the in the United States have not detected certificate of inspection required by country of origin, and APHIS would the BC–1 or BC–2 strains of blueberry § 319.37–4 must contain an additional jointly implement safeguards to ensure scorch carlavirus. We will continue to declaration that the articles were that the relevant quarantine pests are survey for these strains of blueberry produced in an approved certification not present in shipments of approved scorch carlavirus, and we will revisit program and found by the national plant plants. In the case of the Canary Islands, our regulations if either of the BC–1 or protection organization of Canada to be the approved plants would be BC–2 strains is detected in the United free of the BC–1 and BC–2 strains of Pelargonium (geranium) spp., and the blueberry scorch carlavirus.’’ States. We recognize that aphids can pests of concern are Helicoverpa In practice, these requirements will transport the virus across the U.S.- armigera, the cotton bollworm; likely mean that Vaccinium spp. Canada border, but this transport is only Chrysodeixis chalcites, the tomato imported from Canada will be free of all in the immediate area of the border. looper; and Syngrapha circumflexa strains of blueberry scorch carlavirus, Infected Vaccinium spp. plants are the (syn. Cornutiplusia circumflexa).5 In the not just the BC–1 and BC–2 strains, as principal means of long-distance spread case of Israel, all plants except bulbs, testing for specific strains of blueberry to the major U.S. blueberry-producing dormant perennials, and seeds that are scorch carlavirus is time- and resource- areas. We believe restrictions on the imported into the United States would intensive. However, if Vaccinium spp. importation of Vaccinium spp. from be required to be imported under this from Canada were tested for specific Canada are justified to prevent the program. The main pest of concern in strains and found to be infected with introduction of the BC–1 and BC–2 Israel is Spodoptera littoralis, the strains of blueberry scorch carlavirus strains of blueberry scorch carlavirus Egyptian cotton leafworm, although other than BC–1 and BC–2, we would into the United States. We are making other quarantine pests are found in allow their importation. no changes in response to these Israel and must be excluded from Two commenters stated that the comments. shipments of plants imported under this movement of blueberry plants between One commenter noted that Vaccinium program. Canada and the United States, in both spp. can serve as hosts for Phytophthora Four commenters were concerned that directions, is common and has occurred ramorum (sudden oak death) and asked the pests listed in these proposed for many years. The commenters stated that we not overlook P. ramorum in programs did not include Ralstonia that the fields of blueberry in the promulgating restrictions on the solanacearum race 3 biovar 2 (potato Canadian province of British Columbia importation of Vaccinium spp. brown rot), a bacterial disease for which that are known to be infected are just We are developing a separate interim APHIS has established regulations in one-quarter mile north of the Canada- rule that will place restrictions on the § 319.37–5(r). One of these commenters United States border. Because the virus importation of Vaccinium spp. due to asked APHIS to amend the proposed is spread through the movement of the presence of P. ramorum in certain regulations to indicate that the R. virus-carrying aphids as well as through countries. Temporary, emergency solanacearum race 3 biovar 2 the movement of propagative materials, restrictions are already in place to regulations in § 319.37–5(r) superseded these commenters asserted that any prevent the introduction of P. ramorum regulations to restrict movement are in imported host plants. 5 The proposed rule referred to this pest as Cornutiplusia circumflexa. We have since unwarranted. One commenter asked that APHIS determined that its proper name is Syngrapha expand the regulations to include circumflexa, and we have updated the final rule 4 See http://www.agf.gov.bc.ca/cropprot/blsv.htm. restrictions to prevent the introduction accordingly.

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the proposed regulations. Two of these referred to the text of the IPPC 6 and impediment to the international commenters also stated that quarantine- stated that Articles IV and V.2 of that movement of commodities. In addition, significant potato cyst nematodes and document grant responsibility for the commenter questioned why the other exotic cyst-forming nematodes performing such tasks solely to the costs would have to be paid in advance. occur in the Canary Islands and Israel. NPPO of the country in which The trust fund requirement is These commenters expressed hope that production of the exported articles takes common practice under many other the phytosanitary requirements for place. The commenter stated that, apart APHIS import regulations that require export of Pelargonium spp. and other from very specific risk situations, the APHIS to assist in certification (e.g., plants to the United States also include monitoring of programs in the exporting importing Pelargonium spp. and rigorous exclusionary measures to country should solely be the Solanum spp. from areas where R. prevent the contamination of plants and responsibility of the exporting country’s solanacearum race 3 biovar 2 is known packing material with cysts of these NPPO. The commenter considered the to exist under § 319.37–5(r), or nematode pests. Another commenter proposed involvement of APHIS to importing Hass avocados from Mexico asked if there were any other pests of present an unnecessary and unjustified for consumption under § 319.56–2ff). concern associated with the importation interference with the exporting The trust fund is intended to ensure that of these plants from the Canary Islands countries’ responsibilities. the government of the country in which and Israel. Both the Canary Islands program and the articles are produced or its The importation of Pelargonium spp. the Israel program have been proposed designated representative bears the costs from the Canary Islands and from Israel because the high-risk plant pests of monitoring and inspection, rather is subject to all requirements in the addressed by these programs were than U.S. taxpayers. (The government of nursery stock regulations; none of the frequently intercepted at U.S. ports of the country in which the articles are regulations in the nursery stock subpart entry in shipments of plants from the produced is, of course, free to pass this supersede each other, and all must be Canary Islands and Israel. Because these cost on to production sites producing complied with in order to import programs have been agreed to by the plants for export to the United States.) nursery stock into the United States. relevant parties, and specifically Given that the NPPOs for the Canary The proposed regulatory text stated that because the foreign NPPOs involved Islands and Israel have agreed that the importation of plants from the have agreed that APHIS labor is APHIS involvement is necessary to Canary Islands and from Israel would be necessary to help administer the ensure that plants exported from those subject to the requirements of ‘‘this programs, we do not believe that it countries are free of quarantine pests, section,’’ i.e., § 319.37–5, which would be appropriate to change the we believe that we are in fact requiring includes the requirements in paragraph programs at this point. If, in the future, the least restrictive measures possible. (r) of § 319.37–5 as well as the proposed the foreign NPPOs wish to assume a Requiring that APHIS subsidize the requirements. more active role, we will entertain production of plants grown in foreign Both Spain and Israel are countries discussions with them regarding roles countries for export to the United States where R. solanacearum race 3 biovar 2 and responsibilities. by providing its labor free of charge is not known to occur. If R. We received three comments would, we believe, be a misallocation of solanacearum race 3 biovar 2 was specifically addressing the trust funds APHIS’ limited resources. detected in these countries, we would that we proposed to require as a means The commenter asking us to consider enforce the regulations in § 319.37– of funding APHIS involvement in these other cost recovery mechanisms did not 5(r)(3) as well as the relevant regulations programs. One commenter supported suggest any alternatives. Of the options elsewhere in § 319.37–5. Similarly, our proposed use of the trust funds. for cost recovery we have considered, plants imported from the Canary Islands Another commenter was concerned that we have determined that the trust fund and Israel would have to meet all other other countries have begun requiring is the simplest and most direct means of applicable requirements in the similar trust funds for commodities cost recovery. We are making no regulations, including any restrictions exported from the United States to those changes to the proposed rule in based on the presence of potato cyst countries, and suggested that we think response to these comments. nematodes in those countries. We about other cost recovery mechanisms. would ensure that all relevant Kenaf Seed From Mexico A third commenter stated that the requirements would be met in the We proposed to allow kenaf seed from proposed rule may lead to substantial workplan that APHIS develops with the Mexico to be imported into pink increase in the costs for the export of NPPO of the country of origin and, if bollworm generally infested areas in the plant material to the United States, as necessary, the grower. All nursery stock United States without treatment. Under there would be additional expenses for imported under these programs will be the current regulations in § 319.37–6(a), bilateral cooperation and the inspected at a USDA plant inspection seeds of Hibiscus spp. (hibiscus, rose involvement of APHIS experts. As a station, and appropriate action will be mallow) from any foreign country or consequence, this commenter stated, taken if a quarantine pest is found. locality, at the time of importation into One commenter was concerned about only large companies that can afford the the United States, must be treated for the level of APHIS involvement in the additional financial and administrative possible infestation with Pectinophora proposed programs. The commenter burden for such a program may be able gossypiella (Saunders) (pink bollworm) cited proposed provisions in which to export plant material to the United in accordance with the applicable APHIS would inspect and approve States in the future. This development provisions of 7 CFR part 305. production sites and packing materials would be in contrast to the IPPC However, the movement of untreated and proposed provisions in which requirement that importing countries kenaf (Hibiscus cannabinus) seed from APHIS, along with the NPPO of the take the least restrictive measures Mexico into pink bollworm generally country of origin, would monitor possible in order to reach a minimum infested areas of the United States compliance with the program (listed under our domestic pink 6 The text of the IPPC may be viewed on the requirements and decide whether to Internet at https://www.ippc.int/IPP/En/default.jsp. bollworm quarantine and regulations in reinstate growers who had violated Click on the ‘‘Convention text’’ link under 7 CFR 301.52–2a, and currently the those requirements. The commenter ‘‘Convention’’ on the home page to view the IPPC. States of Arizona, New Mexico, and

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Texas, and several counties in bollworm regulations. These regulations The pest of concern for imported California) would pose little or no risk are designed to prevent the movement Hydrangea spp. is Pucinnia glyceriae of increasing the area of pink bollworm of potentially infested kenaf seed, (Aecidium hydrangeae-paniculatae). infestation. Under our domestic pink whether it has originated in a foreign This pest is a rust fungus known as a bollworm quarantine regulations in country or domestically, from generally heteroecious macrocyclic rust. This § 301.52, these generally infested areas infested areas unless it is moved under means that this rust has four different are quarantined to prevent the spread of conditions that would prevent the life stages in its life cycle, with two of pink bollworm, and kenaf seed is a spread of pink bollworm, as listed in those stages occurring on Hydrangea regulated article under § 301.52(b) that § 301.52–4(a). Any violations would be spp. and the other two stages on may not be moved interstate from any investigated by APHIS’ Investigation Glyceria spp., a genus within Poaceae, quarantined area except under the and Enforcement Services. We are the grass family. Both hosts are conditions described in § 301.52–3. making no changes to the proposed necessary in order for the pathogen to We proposed that kenaf seed from regulations in response to these complete its life cycle. The spores Mexico imported into pink bollworm comments. produced by this pathogen on generally infested areas would be We also proposed to reorganize the Hydrangea can not reinfect Hydrangea subject to inspection, and, immediately regulations in § 319.37–6 into a table. but have to land and germinate on upon release, would be subject to the The proposed table had one row for Glyceria spp.; infections on Hydrangea domestic pink bollworm quarantine each of the six paragraphs in § 319.37– are caused only by spores produced on regulations in §§ 301.52 through 6. However, some of the paragraphs the Glyceria spp. host. 301.52–10, Subpart—Pink Bollworm. addressed multiple genera, and it could The regulations only allow the Two commenters asked whether be confusing to list multiple genera in importation of Hydrangea spp. from APHIS could allow Mexican kenaf seed one row in a table. In this final rule, we countries where A. hydrangeae- to be imported into pink bollworm have listed each genus in § 319.37–6 in paniculatea is not known to occur, generally infested areas without a separate row in the table. In an effort which means that the Hydrangea spp. allowing other kenaf seed from other to provide further clarity, we have also plants imported into postentry countries to be imported into those revised the proposed table entry for quarantine would not be expected to be areas as well. infected with the pest. In the event that As we stated in the proposal, we have ‘‘Rutaceae seeds’’ to read ‘‘Rutaceae, seeds of all species in the family.’’ an article of Hydrangea spp. was reviewed the pests associated with imported with an infection, however, kenaf seed in Mexico and found that the Finally, the proposed listing for the pests addressed by treating Guizotia the pathogen would only survive if the pink bollworm is the only pest of article of Hydrangea spp. were grown in abyssinica (niger) seeds, which stated concern. We would provide similar postentry quarantine with Glyceria spp., that the treatment was intended to treatment for kenaf seed imports from which are not known to be grown in address Cuscuta spp., was incomplete; other countries only if it could be cultivation. If such conditions we have expanded the listing to include determined that the pink bollworm is nevertheless prevailed, the pathogen the other noxious weeds listed in 7 CFR the only pest of concern associated with would reveal itself in large lesions on 360.200. kenaf seed in those countries as well the leaves of the Hydrangea plant early and that the seed could be imported Postentry Quarantine Requirements for within a growing season, which is directly into the generally infested Hydrangea spp. typically 9 months. areas. In general, the country of origin of a Two commenters stated that the We proposed to add a new provision plant is irrelevant to the question of proposal appeared to indicate that in § 319.37–7(d)(7)(ii) allowing how long a period is required for a pest APHIS has domestic regulations that importers of Hydrangea spp. from all to express itself in a plant. could allow the distribution of pink countries and localities except Canada Three commenters recommended that bollworm on kenaf seed. These and Japan who are operating under a the 9-month postentry quarantine commenters suggest that we first correct postentry quarantine agreement to grow period include the three most rust- what appeared to them to be permissive any article of Hydrangea spp. or conducive months of the year, to domestic regulations prior to allowing increase therefrom for a period of 9 facilitate expression of the pest. the importation of kenaf seed into the months after the importation of the We agree with these commenters that United States from Mexico. The plants, rather than 2 years as had been Hydrangea spp. should be grown in commenters asserted that there is no previously required. conditions that will facilitate expression guarantee that potentially infested kenaf Two commenters asked questions of the pest. Plants in postentry seed would not be moved to areas free about the evidence leading us to the quarantine are usually grown outside of the pink bollworm. proposed reduction in the quarantine during the quarantine period. The 9- We would only allow the importation period, requesting that a risk assessment month postentry quarantine period of untreated kenaf seed from Mexico be made available. One of these would thus contain periods conducive into generally infested areas for pink commenters stated that the postentry to developing symptoms of A. bollworm. In the generally infested quarantine period should be established hydrangeae-paniculatea. In most areas, we are not pursuing eradication of on the basis of a risk assessment for regions of the United States, the outdoor pink bollworm. Instead, we have placed importing Hydrangea spp. from each growing season is less than 9 months. restrictions on the interstate movement country of origin. Given these facts, we believe it is not of commodities whose movement could We determined that the 9-month necessary to explicitly require in the spread pink bollworm from generally postentry quarantine period was regulations that the Hydrangea spp. be infested areas to areas where we are adequate based on a review of the grown in rust-conducive conditions. pursuing eradication of pink bollworm available literature. We appreciate the Two commenters expressed concern or areas where pink bollworm is not opportunity to expand on our reasons that R. solanacearum may be a pest of known to occur. Once Mexican kenaf for determining that a 9-month Hydrangea spp. that we have not seed enters the United States, it would postentry quarantine period is adequate addressed. They cited recent problems be subject to the domestic pink for Hydrangea spp. with latent bacterial wilt in the ‘‘Lady

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in Red’’ cultivar of Hydrangea Nipponanthemum nipponicum be or from that portion of the Municipality macrophylla as raising concerns about grown in postentry quarantine for a of Central Saanich in the Province of whether a 9-month postentry quarantine period of 6 months. We proposed to British Columbia east of the West period would be adequate to manifest reduce this postentry quarantine Saanich Road. Restricted articles from this pathogen under normal production growing period to 2 months if the these areas may not enter in growing practices. Although no R. solanacearum restricted articles are grown in media because of the presence of potato race 3 biovar 2 has been detected in any accordance with the requirements of an cyst nematodes (G. rostochiensis and G. Hydrangea spp., these commenters APHIS-approved best management pallida) in those parts of Canada. suggested that APHIS require that the practices program. We determined that restricted articles mother plants of imported Hydrangea We proposed this change because we that are grown in approved growing spp. be regularly indexed for R. had reviewed evidence indicating that media and are isolated in such a manner solanacearum. the pest of concern with regard to as to prevent the restricted articles from We appreciate the commenters’ imported articles of Chrysanthemum being infested with potato cyst concerns. Because no R. solanacearum spp., Dendranthema spp, nematodes may be imported safely into race 3 biovar 2 has been found in Leucanthemella serotina, and the United States from these areas. Hydrangea spp., we have no basis for Nipponanthemum nipponicum, Therefore, we are proposing to allow the establishing regulations to prevent the chrysanthemum white rust (CWR), will importation of restricted articles in introduction of that pest via the express symptoms within 2 months, approved growing media from these importation of Hydrangea spp. If R. meaning that 2 months would be an areas in Canada if the phytosanitary solanacearum race 3 biovar 2 were adequate postentry quarantine period certificate accompanying the articles found in Hydrangea spp., we would for these articles. We proposed to contains an additional declaration likely address it through a systems reduce the postentry quarantine period stating that the restricted articles were approach (as we do for Pelargonium for restricted articles of Chrysanthemum produced in a production site approved spp. and Solanum spp. in § 319.37–5(r)) spp., Dendranthema spp., by the NPPO of Canada as capable of rather than through postentry Leucanthemella serotina, and isolating the plants from potato cyst quarantine. Nipponanthemum nipponicum to 2 nematode infestation and that the months only if the articles are grown in restricted articles were isolated from Postentry Quarantine Requirements for accordance with the requirements of an potato cyst nematode infestation Chrysanthemum spp., Dendranthema APHIS-approved best management throughout their production. spp., Leucanthemella serotina, and practices program as an additional Two commenters were concerned that Nipponanthemum nipponicum safeguard. the sanitary conditions required for the The regulations in § 319.37–7(a) Sixteen commenters addressed the production of the restricted articles to designate as restricted articles any proposed change to the postentry be shipped in growing media may not articles of Chrysanthemum spp., quarantine requirements for articles of always provide complete protection to Dendranthema spp, Leucanthemella Chrysanthemum spp., Dendranthema the United States from the introduction serotina, and Nipponanthemum spp., Leucanthemella serotina, and of cysts of potato cyst nematodes, which nipponicum that meet the conditions for Nipponanthemum nipponicum. While can easily contaminate plant shipments. importation in § 319.37–5(c) and that many commenters supported the Because we are requiring specifically are imported from any foreign locality change, many commenters were that the plants be grown in a manner to except Andorra, Argentina, Australia, confused regarding whether the best prevent infestation by potato cyst Belarus, Bosnia and Herzegovina, Brazil, management practices program was nematodes, we believe the proposed Brunei, Bulgaria, Canary Islands, Chile, intended to apply to production in the regulations addressed this concern. We China, Colombia, Croatia, Ecuador, country of origin or postentry are confident that we can work with the Iceland, Japan, Korea, Liechtenstein, quarantine in the United States. In Canadian NPPO to develop measures Macedonia, Malaysia, Mexico, Moldova, addition, some commenters disputed that will be sufficient to protect Monaco, New Zealand, Norway, Peru, our conclusion that 2 months was an restricted articles imported under these Republic of South Africa, Romania, adequate amount of time for CWR to regulations from potato cyst nematode Russia, San Marino, Switzerland, express itself in postentry quarantine. infestation. Taiwan, Thailand, Tunisia, Ukraine, Based on these comments, we are Two commenters stated that other Uruguay, Venezuela, Yugoslavia; the withdrawing the proposed change. We countries where potato cyst nematodes European Union (Austria, Belgium, will revisit the issue in a separate are present may feel discriminated Cyprus, Czech Republic, Denmark, proposed rule, providing information on against and ask to be allowed to export Estonia, Finland, France, Germany, the issues commenters raised and restricted articles under the same Greece, Hungary, Ireland, Italy, Latvia, revising the proposed regulatory text to conditions. Lithuania, Luxembourg, Malta, clarify our intentions. Such countries are free to request that Netherlands, Poland, Portugal, Slovakia, they be allowed to export restricted Slovenia, Spain, Sweden, and United Plants in Growing Media From Certain articles under the same conditions. If we Kingdom); and all countries, territories, Areas in Canada can determine that the only quarantine and possessions of countries located in We proposed to amend § 319.37–8(b) pests associated with restricted articles part or entirely between 90° and 180° of the regulations to allow the to be exported from such a country are East longitude. Articles designated as importation of restricted articles in potato cyst nematodes, we will work restricted articles in § 319.37–7(a) must growing media from two areas in with the NPPO of that country to be grown in postentry quarantine under Canada from which such importation is develop conditions under which those the conditions described in paragraphs currently prohibited if those articles are restricted articles can be isolated from (c) and (d) of § 319.37–7. Paragraph grown under certain conditions. potato cyst nematodes during (d)(7)(ii) currently requires that any Paragraph (b) of § 319.37–8 allows the production and thus be authorized for restricted articles of Chrysanthemum importation of restricted articles from importation into the United States. For spp., Dendranthema spp, Canada in any growing medium, except many countries infested with potato Leucanthemella serotina, and restricted articles from Newfoundland cyst nematodes, our regulations in

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§ 319.37–5(a) provide a means for We did not make it clear in the In addition, the addresses for the exporting nematode host material to the proposal that new wooden baskets USDA plant inspection stations in United States under adequate imported into the United States as Miami, Agana, and Seattle have safeguards. growing media for epiphytic plants changed. We are updating them in this One commenter asked whether would have to comply with the existing final rule. We are also amending the Canada would enact similar regulations regulations governing the importation of entry for San Diego to indicate that to allow the export to Canada of logs, lumber, and other unmanufactured plants imported into San Ysidro may restricted articles from the nematode- wood articles in §§ 319.40–1 through also be sent to this plant inspection infested areas of the State of New York. 319.40–11. This final rule explicitly station for inspection. Finally, we are Since outbreaks of potato cyst indicates that new wooden baskets must amending the entry for Baltimore to nematodes occurred recently in Quebec meet the requirements found in those clarify that only niger seed may be and Idaho, Canada and the United regulations. Therefore, new wooden imported into this port for treatment. States have harmonized our regulations baskets will have to be imported under Miscellaneous Changes with regard to the importation of conditions designed to prevent the potential hosts of potato cyst introduction of wood-boring pests into One commenter asked us to correct an nematodes. Currently, restricted articles the United States. error in the regulations: Fragaria spp. is from the nematode-infested areas of the listed in the postentry quarantine States of New York and Idaho may be Federal Plant Inspection Stations and regulations in § 319.37–7 as eligible for exported to Canada under certain Other Ports of Entry postentry quarantine from several conditions. We proposed to update the list of countries, but importation of Fragaria We are making one change to the Federal plant inspection stations in spp. is prohibited from all countries proposed regulatory text. The proposed § 319.37–14 to correct addresses, other than Canada and Israel under rule referred to an additional remove plant inspection stations no § 319.37–2. The commenter declaration stating that the restricted longer in use, and add new plant recommended that we remove the entry article was produced in a production inspection stations. In addition, we for Fragaria spp. from § 319.37–7. We site approved by the NPPO of Canada as proposed to remove the ports of entry are doing so in this final rule. capable of isolating the plants from that do not have plant inspection In addition, we are correcting one infestation by potato cyst nematodes (G. stations from the list in § 319.37–14 and other error in the regulations. The rostochiensis and G. pallida) and that instead indicate that restricted articles regulations in § 319.37–12 state that a the restricted article was isolated from not required to be imported at a plant restricted article for importation into the potato cyst nematode infestation inspection station may enter the United United States shall not be packed in the throughout its production. During the States through any Customs designated same container as an article prohibited deliberations on how to harmonize our port of entry. We also proposed to make importation into the United States by 7 potato cyst nematode-related several other updates to the regulations. CFR part 319 or part 321. Part 321 no regulations, the NPPO of Canada and We did not receive any comments on longer exists; therefore, we are removing APHIS agreed to similar, but simpler, our reorganization of § 319.37–14 itself. the reference to it in this final rule. text for the additional declaration. This One commenter asked APHIS to In a final rule published in the final rule requires the additional confirm that the requirement that plants Federal Register on April 3, 2007 (72 FR declaration agreed to in the bilateral which are required to be imported 15805–15812, Docket No. 03–016–3) negotiations, which states simply that under a written permit must be offered and effective on May 3, 2007, in the the plants were grown in a manner to for import at a plant inspection station, table in § 319.37–7(a)(3), we prevent infestation by potato cyst if not precleared, does not apply to inadvertently removed Canada from the nematodes (G. rostochiensis and G. articles from Canada as described in lists of countries in the entries for pallida). § 319.37–3(a)(7). Chrysanthemum spp., Leucanthemella Articles from Canada described in serotina, and Nipponanthemum Additions to the List of Approved § 319.37–3(a)(7) are not required to be nipponicum, thus erroneously Growing Media imported with a permit, and thus do not indicating that postentry quarantine is We proposed to add unused clay pots need to be imported into the United required for these articles when they are and new wooden baskets to the list of States through a plant inspection imported from Canada. This final rule growing media approved for epiphytic station. corrects that error. plants found in § 319.37–8(d). Such One commenter suggested that, given media are used by many nurseries, and the recent reassignment of some Executive Order 12866 and Regulatory we proposed these additions at the inspection responsibilities from APHIS Flexibility Act request of importers. We believe that to the Bureau of Customs and Border This rule has been reviewed under unused clay pots and new wooden Protection, Department of Homeland Executive Order 12866. The rule has baskets would be as safe as the current Security, it would be advisable to been determined to be not significant for approved growing media. change ‘‘Federal plant inspection the purposes of Executive Order 12866 One commenter suggested that ‘‘new’’ stations’’ to ‘‘APHIS/PPQ plant and, therefore, has not been reviewed by would be a better word than ‘‘unused’’ inspection stations’’ in the regulations, the Office of Management and Budget. to describe the clay pots. We agree and to make it clear what organization In accordance with 5 U.S.C. 604, we have incorporated that change into this operates the plant inspection stations. have performed a final regulatory final rule. We agree with this commenter that flexibility analysis, which is set out Several commenters expressed using the term ‘‘Federal’’ could create below, regarding the effects of this final concern that the wooden baskets we confusion. However, rather than the rule on small entities. proposed to allow might be affected by term suggested by the commenter, we Under the Plant Protection Act (7 wood-boring pests, and that importing would prefer to use the term ‘‘USDA U.S.C. 7701 et seq.), the Secretary of epiphytic plants established in new plant inspection stations,’’ as this term Agriculture is authorized to regulate the wooden baskets might thus introduce is used internally in APHIS. We have importation of plants, plant products, such pests into the United States. made this change in the final rule. and other articles to prevent the

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introduction of plant pests and noxious consumers, while safeguarding the eliminate redundant paperwork weeds. multi-million dollar U.S. berry requirements in the nursery stock We are amending the regulations on production industry (2002).8 regulations and the Federal Seed Act importing nursery stock to eliminate regulations in 7 CFR part 361. various restrictions on the importation Genus and Species Name on The United States imported $128.5 of kenaf seed; to establish programs for Phytosanitary Certificates million worth of planting seeds from the importation of approved plants from We are requiring that the Canada in 2004 while exporting $20.6 the Canary Islands and from Israel; to phytosanitary certificate that must million planting seeds to Canada. The require an additional declaration on the accompany any restricted article United States exported $263.3 million phytosanitary certificate accompanying presented for importation into the worth of planting seeds to the world in blueberry plants imported from Canada; United States under § 319.37–4(a) 2004 and imported $423 million worth to require that phytosanitary certificates include the genus name of the restricted of planting seeds from the world in include the genus and species names of article that it accompanies. The 2004.9 This amendment will allow the the restricted articles they accompany regulations will indicate that including United States and Canada to trade seed when possible; to change the the species name is strongly preferred, more freely, benefiting both countries, phytosanitary certificate requirements and required if the regulations include with negligible impacts to domestic for several restricted articles; to reduce restrictions based on species within a producers and consumers of seeds. the postentry quarantine growing period genus, as in § 319.37–5(b). Although this Vaccinium spp. Plants From Canada for Hydrangea spp.; and to update the information is not currently required to list of ports of entry and Federal plant be given to APHIS, this information is We are amending § 319.37–5 to inspection stations. The potential already available for the vast majority of require that Vaccinium spp. plants from economic effects of the changes in this importers and exporters on the invoices Canada be accompanied by a document are discussed below, by topic. that typically also accompany restricted phytosanitary certificate with an In our proposed rule, we stated that articles presented for importation into additional declaration stating that the we did not have all the data necessary the United States. For this reason, we articles were produced in an approved for a comprehensive analysis of the believe that this change will not have a certification program and found by the effects of this rule on small entities. significant impact on any entities, national plant protection organization of Specifically, we lacked data regarding whether large or small. Canada to be free of the BC–1 and BC– the number and kind of small entities 2 strains of blueberry scorch carlavirus. Phytosanitary Certificates for Bulbs that may incur benefits or costs from Blueberry production in the United From the Netherlands implementation of certain changes in States was worth $324 million in this rule. In our proposed rule, we We are amending the regulations to 2005.10 This additional declaration will invited comments on these issues. allow bulbs from the Netherlands to help to safeguard U.S. producers from However, none of the comments we enter the United States with a special virulent strains of the virus that only received addressed these economic certificate in lieu of a phytosanitary exist in Canada while continuing to issues. certificate. The special certificate will allow imports of blueberry plants from Several changes we are making, such list special identification information Canada. This amendment will have a as adding and changing definitions and for the shipment, including a serial negligible impact on domestic reorganizing § 319.37–14, are number referring to the phytosanitary producers and consumers of blueberry administrative in nature and are not certificate on file in the Netherlands. plants. expected to have any impact on any The United States imported $185 Importation of Pelargonium spp. Plants U.S. entities, whether small or large. million worth of bulbs and tubers from From the Canary Islands This analysis examines the economic the Netherlands in 2005. This change effects of changes that could potentially will expedite entry of bulbs and tubers We are amending the regulations to have economic effects. from the Netherlands when they are require that Pelargonium spp. plants carried in small amounts by individuals. from the Canary Islands be grown under Rubus spp. From Europe We have no reason to expect that this certain conditions and accompanied by There are more than 400 species of change will have a significant effect on a phytosanitary certificate. A Rubus in the temperate areas of the domestic producers and consumers of phytosanitary certificate with an world. These are divided into bulbs and tubers. additional declaration confirming that subcategories that include dewberries, those growing conditions have been met blackberries, and raspberries. Most Importation of Certain Seeds From for Pelargonium spp. plants will species of Rubus grow as shrubs or Canada minimize risk that organisms such as trailing vines with thorny points. We are We are amending § 319.37–4 to Helicoverpa armigera, Chrysodeixis adding Rubus spp. from Europe not exempt certain Canadian seeds from the chalcites and Syngrapha circumflexa meeting the conditions for importation requirement for a phytosanitary (syn. Cornutiplusia circumflexa) might in § 319.37–5(f) to the list of prohibited certificate. Certain seeds from specific enter the United States via the articles in § 319.37–2(a). Rubus stunt establishments in Canada will be able to importation of these plants. agent (Phytoplasma) is a leafhopper- enter the United States with proper In 2005, the total number of U.S. borne agent that causes damage to identification and an alternative growers of floriculture crops (including foliage and flowers. Rubus stunt agent document in lieu of the required geraniums) was 10,563, according to has caused direct damage to European phytosanitary certificate. The alternative USDA/NASS; 4,412 of these growers fruits through yield loss.7 This document will be an export certification received $100,000 or more in annual amendment to § 319.37–2 will have no label and a document agreed upon by sales. The rest (6,151 growers) received effect on domestic producers and APHIS and CFIA. This change will less than $100,000 in annual sales that

7 Gordon S.C., et al. Progress towards Integrated 8 National Agricultural Statistical Survey (NASS), 9 Foreign Agricultural Service (FAS), 2004. Crop Management (ICM) for European raspberry Noncitrus Fruits and Nuts: Price and Value for the 10 NASS, Noncitrus Fruits and Nuts: Price and production. United States, 2000–2002. Value by Crop.

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year. The Small Business Israel exported $10.2 million worth of counties in California are pink Administration considers a grower of plant cuttings to the United States in bollworm generally infested areas. With floriculture crops to be small if it has 2004, while the United States exported this change, shipments of untreated less than $750,000 in annual sales, so at $9.5 million worth of cuttings to the kenaf seed from Mexico will be least 6,151 small entities, and probably world.11 This change will help to authorized entry into those pink more, could be affected by this change. safeguard the $5.57 billion worth of U.S. bollworm generally infested areas 12 The United States is a net importer of cotton production (2005). We have no subject to inspection. Immediately upon floriculture crops (including reason to expect that this change will release, those shipments will be subject geraniums). Specifically, in 2005 the have a significant effect on importers of to the domestic pink bollworm United States imported $578 million plants from Israel or on domestic cotton quarantine regulations in §§ 301.52 worth of floriculture crops and exported producers and consumers. through 301.52–10, Subpart—Pink Bollworm. $304 million of floriculture crops. In Treatment of Regulated Articles 2006, the United States imported a $695 Allowing the importation of untreated value of floriculture crops and imported Under the regulations in § 319.37– kenaf seed from Mexico into pink $331 million value. 4(b), any restricted article may be bollworm generally infested areas may sampled and inspected by an inspector have economic effects on some U.S. No export data are currently available under preclearance inspection entities; however, if effects occur, they for the Canary Islands regarding plant arrangements in the country in which will be small, given that the United cuttings. Given that, we expect the the article was grown, and must States imports mainly processed kenaf potential amount of U.S. imports of undergo any treatment contained in 7 and very little seed and raw fiber.13 For geraniums from the Canary Islands to be CFR part 305 that is ordered by the example, on average between 1999 and very small. We do not expect this inspector. We are adding a paragraph to 2001, the United States imported 0.3 change to have a significant impact on § 319.37–6 to explicitly indicate that percent of world imports of raw (seeds any U.S. entities, including growers of treatment of regulated articles of nursery are included) kenaf (table 1). U.S. geraniums, regardless of their size. stock may be administered outside the demand for imported kenaf seed from Importation of Approved Plants From United States. We believe that this Mexico is not expected to increase Israel change will not have any significant significantly as a result of the change. impact on any U.S. entities, whether Kenaf is an annual herbaceous plant We are amending the regulations to small or large. of the Malvaceae family, and its flowers require that plants from Israel be grown Kenaf Seed From Mexico are closely related to those of cotton, under certain conditions and okra, and hollyhock. Latin America, accompanied by a phytosanitary The regulations in § 319.37–6(a) have including Mexico, produces about 5 certificate along with an additional required seeds of Hibiscus spp. percent of the world’s kenaf seed and declaration confirming that those (hibiscus, rose mallow) from any foreign fiber (table 2). Kenaf seed can grow in growing conditions have been met. country or locality, at the time of many parts of the United States, but it Plants from Israel run the risk of importation into the United States, to be generally needs a long, warm growing harboring plant pests such as treated for possible infestation with season to produce the necessary yield to Spodoptera littoralis and other pests pink bollworm in accordance with the make it a profitable crop. Such a climate that could be introduced to the United applicable provisions of 7 CFR part 305. can only be found in the southern States. S. littoralis is associated with We are providing an exception to the United States. Primary production areas cotton production losses around the restriction for seeds of kenaf from in the United States are Texas (Lower world. Without control measures, S. Mexico that are imported into pink Rio Grande Valley), Louisiana, littoralis could inflict heavy damage to bollworm generally infested areas in the Mississippi, Georgia, and Florida. An both the yield and quality of U.S. cotton United States. The States of Arizona, estimated 8,000 acres of kenaf was production. New Mexico, and Texas, and specific grown in the United States in 1997.14

TABLE 1.—WORLD IMPORTS OF RAW KENAF SEEDS AND FIBERS [Metric tons]

Calendar year 1999 2000 2001

United States ...... 2,400 800 500 Mexico ...... 0 0 0 Rest of the world ...... 330,300 288,200 272,200 World ...... 332,700 289,000 272,700

11 FAS., U.S. Trade Statistics, Israel and U.S., world production near the 30 million tons level about 60 percent of U.S. consumption and demand plant cuttings code # 06021, 2001. (Scott & Taylor, 1990). U.S. publishers and other has steadily increased at about 2.5 percent 12 USDA–NASS, U.S. cotton production value users account for nearly half of the world’s total annually. consumption of the processed kenaf. Annual 2005. 14 Economic Research Service, USDA, FLO–2002, production of newsprint in the United States is 13 The primary focus of the kenaf development approximately 5 million tons. Traditionally, May 2002. Floriculture and Nursery Crops. has been on the newsprint industry with its annual imports of processed kenaf have accounted for Situation and Outlook Yearbook.

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TABLE 2.—WORLD PRODUCTION OF RAW KENAF SEEDS AND FIBERS [Metric tons]

Crop year 1999–2000 2000–2001 2001–2002

Developed countries 1 ...... 7,000 7,000 7,000 Latin America 2 ...... 25,400 24,100 12,500 Rest of the world ...... 427,100 388,300 409,800 World ...... 459,500 419,400 440,500 1 Developed countries include Europe, United States, Australia, New Zealand, Japan, and former Soviet Republics. 2 Latin America includes Mexico. Source: Food & Agriculture Organization of the U.N., Commodities and Trade Division, Current Situation & Short Term Outlook for Hard Fi- bers, Kenaf, Jute, & Allied Fibers Statistics, December 2002.

The number and size of the entities long as they are grown in approved USDA Plant Inspection Stations and that will be affected by this change is media and isolated from potato cyst Other Ports of Entry unknown. nematodes. APHIS has determined that We are adding a plant inspection Postentry Quarantine Requirements for restricted articles from these areas that station in Linden, NJ, to the list of Hydrangea spp. are grown in approved media can be USDA plant inspection stations in isolated in such a manner as to prevent § 319.37–14. Adding this facility to the We are reducing the amount of time the introduction of potato cyst imported Hydrangea spp. from list of USDA plant inspection stations nematodes. These articles will be countries other than Canada and Japan will make importation of nursery stock allowed to be imported if they are must be grown in postentry quarantine more convenient and possibly less grown in approved media and are conditions from 2 years to 9 months. costly for domestic sellers and This change might affect the volume of accompanied by a phytosanitary consumers without reducing the Hydrangea spp. imported into the certificate with an additional effectiveness of the regulations. United States because it will decrease declaration stating that the plants were This final rule contains new the cost associated with growing grown in a manner to prevent information collection or recordkeeping Hydrangea spp. in postentry quarantine infestation by potato cyst nematodes. requirements (see ‘‘Paperwork conditions after importation into the Allowing these restricted articles to Reduction Act’’ below). United States. enter under these conditions will Executive Order 12988 Hydrangeas are summer-flowering increase the flexibility of imports while shrubs which are usually shipped in the protecting the United States against This final rule has been reviewed late fall through early winter, after they potato cyst nematode infestation. We under Executive Order 12988, Civil have received a cold storage treatment. have no reason to expect that this Justice Reform. This rule: (1) Preempts There are seven main Hydrangea change would have a significant effect all State and local laws and regulations species in the world. Only two, H. on domestic producers and consumers that are inconsistent with this rule; (2) has no retroactive effect; and (3) does arborescens and H. quercifolia, are of nursery stock. native to the United States; the other not require administrative proceedings five are native to Asia.15 The popularity Additions to the List of Approved before parties may file suit in court and production of hydrangeas have both Growing Media challenging this rule. been increasing in the past few years in We are amending § 319.37–8(d) to Paperwork Reduction Act the United States and so has demand for allow new clay pots and new wooden them. Thus, the shorter quarantine In accordance with the Paperwork period for imported Hydrangea spp. will baskets to be used as a growing media Reduction Act of 1995 (44 U.S.C. 3501 benefit the U.S. public. However, it is for epiphytic plants. New wooden et seq.), the information collection or difficult to measure the size of any baskets used as growing media will have recordkeeping requirements included in possible economic impact of this change to meet the relevant requirements for this rule have been approved by the in postentry quarantine duration for the importation of logs, lumber, and Office of Management and Budget imported hydrangeas due to lack of other untreated wood products in (OMB) under OMB control number information about how much the cost of §§ 319.40–1 through 319.40–11. No 0579–0279. quarantine would decrease with a trade information is currently available E-Government Act Compliance reduction in the quarantine period. In for clay pots and wooden baskets. addition, we have no data number and Establishing epiphytic plants on new The Animal and Plant Health size of small entities that will be clay pots and new wooden baskets is a Inspection Service is committed to affected by this change. standard nursery practice. Importers compliance with the E-Government Act to promote the use of the Internet and have requested that APHIS amend the Plants in Growing Media from Certain other information technologies, to regulations to allow them to import Areas in Canada provide increased opportunities for plants on wooden baskets and clay pots. citizen access to Government We are amending § 319.37–8(b) to Neither medium is believed to pose a allow the importation of restricted information and services, and for other pest risk. We have no reason to expect purposes. For information pertinent to articles from areas of Canada that are that this change will have a significant infested with potato cyst nematodes as E-Government Act compliance related effect on domestic producers and to this rule, please contact Mrs. Celeste consumers of nursery stock. 15 H. aspera, H. involucrata, H. macrophylla, H. Sickles, APHIS’ Information Collection paniculata, H. anomala. Coordinator, at (301) 734–7477.

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Lists of Subjects § 319.37–1 Definitions. Restricted article. Any regulated plant, root, bulb, seed, or other plant 7 CFR Part 319 * * * * * Bulb. The portion of a plant product for or capable of propagation, Coffee, Cotton, Fruits, Imports, Logs, commonly known as a bulb, bulbil, excluding any prohibited articles listed Nursery stock, Plant diseases and pests, bulblet, corm, cormel, rhizome, tuber, or in § 319.37–2(a) or (b) of this subpart, Quarantine, Reporting and pip, and including fleshy roots or other and excluding any articles regulated in recordkeeping requirements, Rice, underground fleshy growths, a unit of §§ 319.8 through 319.24 or 319.41 Vegetables. which produces an individual plant. through 319.74–4 and any articles 7 CFR Part 330 * * * * * regulated in part 360 of this chapter. Inspector. Any individual authorized * * * * * Customs duties and inspection, by the Administrator of APHIS or the State. Any of the several States of the Imports, Plant diseases and pests, Commissioner of Customs and Border United States, the Commonwealth of the Quarantine, Reporting and Protection, Department of Homeland Northern Mariana Islands, the recordkeeping requirements, Security, to enforce the regulations in Commonwealth of Puerto Rico, the Transportation. this part. District of Columbia, Guam, the Virgin 7 CFR Part 340 * * * * * Islands of the United States, or any other territory or possession of the Administrative practice and Person. Any individual, partnership, United States. procedure, Biotechnology, Genetic corporation, association, joint venture, engineering, Imports, Packaging and or other legal entity. * * * * * containers, Plant diseases and pests, * * * * * United States. All of the States. Transportation. Plant. Any plant (including any plant I 4. Section 319.37–2 is amended as part) for or capable of propagation, I Accordingly, we are amending 7 CFR follows: including a tree, a tissue culture, a parts 319, 330, and 340 as follows: I a. In the table in paragraph (a), by plantlet culture, pollen, a shrub, a vine, adding new entries for ‘‘Pelargonium PART 319—FOREIGN QUARANTINE a cutting, a graft, a scion, a bud, a bulb, spp. plants not meeting the NOTICES a root, and a seed. requirements for importation in Plant pest. Any living stage of any of § 319.37–5(u)’’, ‘‘Plants (except bulbs, I 1. The authority citation for part 319 the following that can directly or dormant perennials, and seeds) not continues to read as follows: indirectly injure, cause damage to, or meeting the requirements for Authority: 7 U.S.C. 450, 7701–7772, and cause disease in any plant or plant importation in § 319.37–5(v)’’, ‘‘Rubus 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR product: A protozoan, a nonhuman spp. not meeting the conditions for 2.22, 2.80, and 371.3. animal, a parasitic plant, a bacterium, a importation in § 319.37–5(f)’’, and fungus, a virus or viroid, an infectious § 319.28 [Amended] ‘‘Vaccinium spp. plants not meeting the agent or other pathogen, or any article conditions for importation in § 319.37– I 2. In § 319.28, the introductory text of similar to or allied with any of these 5(t)’’, in alphabetical order, to read as paragraph (b)(7) is amended by articles. set forth below. removing the word ‘‘listed’’ and adding * * * * * I b. In paragraph (c)(2), by removing the the word ‘‘identified’’ in its place. Preclearance. Phytosanitary words ‘‘Plant Germplasm Quarantine I 3. Section 319.37–1 is amended as inspection and/or clearance in the Center, Building 320’’ and adding the follows: country in which the articles were words ‘‘National Plant Germplasm I a. By removing the definition for grown, performed by or under the Inspection Station, Building 580’’ in bulbs. regular supervision of APHIS. their place; and by removing the words I b. By adding new definitions, in * * * * * ‘‘at a port of entry designated by an alphabetical order, for bulb, plant, Regulated plant. Any gymnosperm, asterisk in § 319.37–14(b)’’ and adding preclearance, regulated plant, and State angiosperm, fern, or fern ally. the words ‘‘through any Federal plant to read as set forth below. Gymnosperms include cycads, conifers, inspection station listed in § 319.37–14’’ I c. By revising the definitions for and gingko. Angiosperms include any in their place. inspector, person, plant pest, restricted flowering plant. Fern allies include club article, and United States to read as set mosses, horsetails, whisk ferns, spike § 319.37–2 Prohibited articles. forth below. mosses, and quillworts. (a) * * *

Prohibited article (includes seeds only if specifically men- Foreign places from which Plant pests existing in the palces named and capable tioned) prohibited of being transported with the prohibited article

******* Pelargonium spp. plants not meeting the conditions for Canary Islands (Spain) ...... Helicoverpa armigera, Chrysodeixis chalcites, and importation in § 319.37–5(u). Syngrapha circumflexa (syn. Cornutiplusia circumflexa).

******* Plants (except bulbs, dormant herbaceous perennials, Israel ...... Spodoptera littoralis and other quarantine pests. and seeds) not meeting the conditions for importation in § 319.37–5(v).

******* Rubus spp. not meeting the conditions for importation in Europe ...... Rubus stunt agent § 319.37–5(f).

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Prohibited article (includes seeds only if specifically men- Foreign places from which Plant pests existing in the palces named and capable tioned) prohibited of being transported with the prohibited article

******* Vaccinium spp. plants not meeting the conditions for im- Canada ...... Blueberry scorch carlavirus (strains BC–1 and BC–2). portation in § 319.37–5(t).

*******

* * * * * (c)(1)(iv) of this section attached to each must accompany shipments of seeds carton of the articles and to an airway under the seed export program: § 319.37–3 [Amended] bill, bill of lading, or delivery ticket (A) Agricultural and vegetable seeds, I 5. Section 319.37–3 is amended as accompanying the articles. as listed in the Federal Seed Act follows: (2) Small lots of seed imported in regulations in part 361 of this chapter, I a. In paragraph (a)(3), by removing the accordance with paragraph (d) of this must be accompanied by a document word ‘‘spp.’’ the first time it occurs. section. certifying that the relevant provisions of I b. In paragraph (a)(8), by removing the (3) Seeds from Canada imported in the Federal Seed Act have been words ‘‘Castanea spp. (chestnut) or’’. accordance with paragraph (e) of this followed; I c. In paragraph (b), in the introductory section. Each carton of seed must be (B) Other seeds must be accompanied text of the paragraph and in footnote 4, labeled as required by paragraph by a document certifying that the seeds by removing the words ‘‘Port (e)(2)(ii) of this section. Each shipment have been inspected. Operations’’ and adding the words of seed must be accompanied by the (2) Each seed exporter participating in ‘‘Permits, Registrations, Imports and documents in paragraphs (e)(2)(iii)(A) the seed export program shall enter into Manuals’’ in their place. and (e)(2)(iii)(B) of this section, as an agreement with the Canadian Food I 6. Section 319.37–4 is amended as necessary. Inspection Agency in which the follows: (4) Bulbs from the Netherlands exporter agrees to: I a. By revising paragraph (a) to read as accompanied by a special certificate that (i) Practice any and all safeguards the set forth below. lists a serial number, the scientific name Canadian Food Inspection Agency may I b. By adding a new paragraph (e) to of the bulb, the country of its origin, and prescribe in order to ensure that seed read as set forth below. a date on which the special certificate exported to the United States is free of I c. By revising the OMB citation at the expires. The serial number must refer to plant pests and that seed that does not end of the section to read as set forth a phytosanitary certificate issued, held, meet the requirements for exportation to below. and retrievable upon request by the the United States is separated from seed § 319.37–4 Inspection, treatment, and national plant protection organization of that does; phytosanitary certificates of inspection. the Netherlands. The expiration date (ii) Include an export certification must be 6 weeks after the issuance of (a) Phytosanitary certificates of document with each shipment the phytosanitary certificate held by the inspection. Any restricted article offered indicating the common name of the national plant protection organization of for importation into the United States seed, the country of origin of the seed, the Netherlands. Shipments of bulbs must be accompanied by a the establishment identification number from the Netherlands accompanied by phytosanitary certificate of inspection. assigned to the exporting establishment this certificate may be imported into the The phytosanitary certificate must under the Canadian Food Inspection United States without preclearance by identify the genus of the article it Agency’s seed export program, and the APHIS. accompanies. When the regulations in lot number in addition to all other this subpart place restrictions on * * * * * information required to be present by individual species or cultivars within a (e) Certain seeds from Canada. Seeds § 361.3 of this chapter. genus, the phytosanitary certificate must imported from Canada may be imported (iii) Include other shipping also identify the species or cultivar of without a phytosanitary certificate if the documents as required with each the article it accompanies. Otherwise, following conditions are met: shipment: identification of the species is strongly (1) The Canadian Food Inspection (A) Shipments of agricultural and preferred, but not required. Intergeneric Agency shall: vegetable seeds, as listed in the Federal and interspecific hybrids must be (i) Establish and administer a seed Seed Act, must be accompanied by a designated by placing the multiplication export program under which Canadian document certifying that the relevant sign ‘‘x’’ between the names of the exporters of seed may operate; provisions of the Federal Seed Act parent taxa. If the hybrid is named, the (ii) Assign a unique identification regulations in part 361 of this chapter multiplication sign may instead be number to each exporting establishment have been followed, as agreed upon by placed before the name of an enrolled in and approved by the seed the Canadian Food Inspection Agency intergeneric hybrid or before the epithet inspection program; and APHIS; in the name of an interspecific hybrid. (iii) Provide APHIS with a current list (B) Shipments of other seeds must be Phytosanitary certificates are not of the establishments participating in its accompanied by a document certifying required for the following restricted seed export program and their names, that the seeds have been inspected, as articles: locations, telephone numbers, and agreed upon by the Canadian Food (1) Greenhouse-grown plants from establishment identification numbers at Inspection Agency and APHIS. Canada imported in accordance with the start of the shipping season, and (Approved by the Office of Management paragraph (c) of this section. These provide regular updates to that list and Budget under control numbers plants must be accompanied by a throughout the shipping season; 0579–0285 and 0579–0279) certificate of inspection in the form of (iv) Enter into an agreement with I 7. Section 319.37–5 is amended as a label in accordance with paragraph APHIS that specifies the documents that follows:

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I a. In paragraph (a), by removing the Helicoverpa armigera, Chrysodeixis (A) The construction of the words ‘‘at the time of arrival at the port chalcites, and Syngrapha circumflexa production site; of first arrival in the United States’’ and (syn. Cornutiplusia circumflexa) from (B) The entry of the production site by revising the country list at the end of entering the United States. into the approved plants export the paragraph to read as set forth below. (1) Phytosanitary certificate. The program; I b. In paragraph (b)(1), by removing the phytosanitary certificate of inspection (C) The replacement of the covering of words ‘‘Federal Republic of Germany,’’ required by § 319.37–4 that the production site; or and by adding the word ‘‘Germany,’’ accompanies Pelargonium spp. plants (D) The detection and repair of a after the word ‘‘France,’’. from the Canary Islands must contain break or tear in the plastic or screening I c. In the introductory text of additional declarations that the plants in the production site. paragraph (j)(1) and in paragraph were produced in an approved Spanish (4) Inspections. Inspections (j)(1)(i), by removing the words ‘‘Federal (Canary Island) production site, that the undertaken in the export program for Republic of’’. production site is operated by a grower Pelargonium spp. plants established by I d. By adding new paragraphs (t), (u), participating in the export program for the national plant protection and (v) to read as set forth below. Pelargonium spp. plants established by organization of Spain will include, but I e. By revising the OMB citation at the the national plant protection may not be limited to, the following: end of the section to read as set forth organization of Spain, and that the (i) The national plant protection below. plants were grown under conditions organization of Spain will inspect the plants and the production site during § 319.37–5 Special foreign inspection and specified by APHIS as described in this certification requirements. paragraph § 319.37–5(u) to prevent the growing season and during packing. infestation with Helicoverpa armigera, (ii) Packing materials and shipping (a) * * * containers for the plants must be Algeria, Argentina, Armenia, Chrysodeixis chalcites, and Syngrapha inspected and approved by APHIS to Australia, Austria, Azerbaijan, Azores, circumflexa (syn. Cornutiplusia ensure that they do not introduce pests Belarus, Belgium, Bolivia, Bulgaria, circumflexa). (2) Grower registration and of concern to the plants. Canada (only that portion comprising (iii) Either APHIS or the national agreement. Persons in the Canary Newfoundland and that portion of the plant protection organization of Spain Islands who produce Pelargonium spp. Municipality of Central Saanich in the will inspect the production site of the plants for export to the United States Province of British Columbia east of the plants to ensure that they meet must: West Saanich Road), Channel Islands, standards of sanitation agreed upon by (i) Be registered and approved by the Chile, Colombia, Costa Rica, Crete, APHIS and the national plant protection national plant protection organization of Croatia, Cyprus, Czech Republic, organization of Spain. Denmark (including Faeroe Islands), Spain; and (iv) Inspectors from both APHIS and Ecuador, Egypt, Estonia, Finland, (ii) Enter into an agreement with the the national plant protection France, Georgia, Germany, Great Britain, national plant protection organization of organization of Spain will have access Greece, Guernsey, Hungary, Iceland, Spain whereby the producer agrees to to the production site as necessary to India, Ireland, Italy, Japan, Jersey, participate in and follow the export ensure that growers are employing the Jordan, Latvia, Lebanon, Lithuania, program for Pelargonium spp. plants proper safeguards against infestation of Luxembourg, Kazakhstan, Kyrgyzstan, established by the national plant H. armigera, C. chalcites, and S. Malta, Mexico, Republic of Moldova, protection organization of Spain. circumflexa and that those safeguards Morocco, the Netherlands, New (3) Growing requirements. Growers in are correctly implemented. Zealand, Northern Ireland, Norway, the Canary Islands who produce (v) The national plant protection Pakistan, Panama, Peru, the Philippines, Pelargonium spp. plants for export to organization of Spain will provide Poland, Portugal, Russian Federation, the United States must meet the APHIS with access to the list of Serbia and Montenegro, South Africa, following requirements for inclusion in registered and approved growers at least Spain (including Canary Islands), the export program for Pelargonium spp. annually. Slovakia, Slovenia, Sweden, plants established by the national plant (5) Ineligibility for participation. (i) Switzerland, Tajikistan, Tunisia, protection organization of Spain: Growers will be ineligible for Turkmenistan, Ukraine, Uzbekistan, and (i) Pelargonium spp. plants destined participation in the export program for Venezuela. for export to the United States must be Pelargonium spp. plants established by * * * * * produced in a production site devoted the national plant protection (t) For any Vaccinium spp. plants solely to production of such plants. organization of Spain and their from Canada, the phytosanitary (ii) The production sites in which production sites will lose approved certificate of inspection required by such plants are produced must be status if: § 319.37–4 must contain an additional registered with the national plant (A) Live Syngrapha circumflexa (syn. declaration that such article was protection organization of Spain. Such Cornutiplusia circumflexa), or any other produced in an approved certification production sites must employ moth of the family Noctuidae, are found program and found by the national plant safeguards agreed on by APHIS and the in a production site; protection organization of Canada to be national plant protection organization of (B) Live Syngrapha circumflexa (syn. free of the BC–1 and BC–2 strains of Spain, including, but not limited to, Cornutiplusia circumflexa), or any other blueberry scorch carlavirus. prescribed mesh screen size (if the moth of the family Noctuidae, are found (u) Special foreign inspection and production site is a screenhouse) and in a shipment of plants; or certification requirements for automatically closing doors, to ensure (C) Growers violate the requirements Pelargonium spp. plants from the the exclusion of H. armigera. set out in this section and by the export Canary Islands. Pelargonium spp. plants (iii) Each production site in which program established by the national from the Canary Islands may only be plants destined for export to the United plant protection organization of Spain. imported into the United States in States are grown must have at least one (ii) A grower may be reinstated, and accordance with the requirements of blacklight trap for 1 year following any the grower’s production sites may regain this section, to prevent the plant pests of the following events: approved status, by requesting

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reapproval and submitting a detailed protection organization of Israel, and ensure that no quarantine pests are report describing the corrective actions that the plants were grown under present. taken by the grower. Reapproval will conditions specified by APHIS as (ii) Plants must be inspected to ensure only be granted upon concurrence from described in this paragraph § 319.37– that they are free of quarantine pests the national plant protection 5(v) to prevent infestation or before being allowed into the screened organization of Spain and APHIS. contamination with Spodoptera area of the production site. (6) Termination. APHIS may littoralis or other quarantine pests. (iii) The national plant protection terminate the entire program if there are (2) Grower registration and organization of Israel will inspect the repeated violations of procedural or agreement. Persons in Israel who plants to ensure that no quarantine pests biological requirements. produce plants for export to the United are present prior to export. (7) Trust fund. The government of States must: (iv) Packing materials and shipping Spain must enter into a trust fund (i) Be registered and approved by the containers for the plants must be agreement with APHIS before each national plant protection organization of inspected and approved by APHIS to growing season. The government of Israel; and ensure that they do not introduce pests Spain or its designated representative is (ii) Enter into an agreement with the of concern to the plants. required to pay in advance all estimated national plant protection organization of (v) Either APHIS or the national plant costs that APHIS expects to incur Israel whereby the producer agrees to protection organization of Israel will through its involvement in overseeing participate in and follow the export inspect the production site of the plants the execution of paragraph (u) of this program for plants established by the to ensure that they meet standards of section. These costs will include national plant protection organization of sanitation approved by APHIS. administrative expenses incurred in Israel. (vi) Inspectors from both APHIS and conducting the services enumerated in (3) Growing requirements. Growers in the national plant protection paragraph (u) of this section and all Israel who produce plants for export to organization of Israel will have access to salaries (including overtime and the the United States must meet the the production site as necessary to Federal share of employee benefits), following requirements for inclusion in ensure that growers are employing the travel expenses (including per diem the export program for plants safeguards and procedures prescribed expenses), and other incidental established by the national plant by the program and that those expenses incurred by the inspectors in protection organization of Israel: safeguards and procedures are correctly performing these services. The (i) Plants destined for export to the implemented. government of Spain or its designated United States must come from a (vii) The national plant protection representative is required to deposit a production site devoted solely to organization of Israel will provide certified or cashier’s check with APHIS production of such plants. APHIS with access to the list of for the amount of the costs estimated by (ii) The production sites in which registered and approved growers at least APHIS. If the deposit is not sufficient to such plants are produced must be annually. meet all costs incurred by APHIS, the registered with the national plant (5) Ineligibility for participation. agreement further requires the protection organization of Israel. These (i) Growers will be ineligible for government of Spain or its designated production sites must employ participation in the export program for representative to deposit with APHIS a safeguards agreed on by APHIS and the plants established by the national plant certified or cashier’s check for the national plant protection organization of protection organization of Israel and amount of the remaining costs, as Israel to prevent the entry of S. littoralis, their production sites will lose determined by APHIS, before the including, but not limited to, insect- approved status if: services will be completed. After a final proof screening over openings and (A) Live Spodoptera littoralis are audit at the conclusion of each shipping double or airlock-type doors. Any rips found in a production site; season, any overpayment of funds or tears in the insect-proof screening (B) Live Spodoptera littoralis are would be returned to the government of must be repaired immediately. found at port inspection two times Spain or its designated representative or (iii) Each production site in which during the shipping season in held on account until needed. plants destined for export to the United shipments from the same grower; or (v) Special foreign inspection and States are grown must have at least one (C) Growers violate the requirements certification requirements for plants blacklight trap for 1 year following any set out in this section and by the export from Israel. Plants from Israel, except of the following events: program established by the national bulbs, dormant perennials, and seeds, (A) The construction of the plant protection organization of Israel. may only be imported into the United production site; (ii) A grower may be reinstated, and States in accordance with the (B) The entry of the production site the grower’s production sites may regain regulations in this section, to prevent into the approved plants export approved status, by requesting Spodoptera littoralis and other program; reapproval and submitting a detailed quarantine pests found in Israel from (C) The replacement of the covering of report describing the corrective actions entering the United States. the production site; or taken by the grower. Reapproval will (1) Phytosanitary certificate. The (D) The detection and repair of a only be granted upon concurrence from phytosanitary certificate of inspection break or tear in the plastic or screening the national plant protection required by § 319.37–4 that in the production site. organization of Israel and APHIS. accompanies plants from Israel at the (4) Inspections. Inspections (6) Termination. APHIS may time of arrival at the port of first arrival undertaken in the export program for terminate the entire program if there are in the United States must contain plants established by the national plant repeated violations of procedural or additional declarations that the plants protection organization of Israel will biological requirements. were produced in an approved Israeli include, but may not be limited to, the (7) Trust fund. The government of production site, that the production site following: Israel must enter into a trust fund is operated by a grower participating in (i) The national plant protection agreement with APHIS before each the export program for plants organization of Israel will inspect the growing season. The government of established by the national plant plants and the production site weekly to Israel or its designated representative is

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required to pay in advance all estimated APHIS. If the deposit is not sufficient to I 8. Section 319.37–6 is revised to read costs that APHIS expects to incur meet all costs incurred by APHIS, the as follows. through its involvement in overseeing agreement further requires the § 319.37–6 Specific treatment and other the execution of paragraph (v) of this government of Israel or its designated requirements. section. These costs will include representative to deposit with APHIS a (a) The following seeds and bulbs may administrative expenses incurred in certified or cashier’s check for the be imported into the United States from conducting the services enumerated in amount of the remaining costs, as designated countries and localities only determined by APHIS, before the paragraph (v) of this section and all if they have been treated for the services will be completed. After a final salaries (including overtime and the specified pests in accordance with part Federal share of employee benefits), audit at the conclusion of each shipping 305 of this chapter. Seeds and bulbs travel expenses (including per diem season, any overpayment of funds treated prior to importation outside the expenses), and other incidental would be returned to the government of United States must be treated in expenses incurred by the inspectors in Israel or its designated representative or accordance with § 319.37–13(c). An performing these services. The held on account until needed. inspector may require treatment within government of Israel or its designated (Approved by the Office of Management and the United States of articles that have representative is required to deposit a Budget under control numbers 0579–0049, been treated prior to importation certified or cashier’s check with APHIS 0579–0176, 0579–0221, 0579–0246, 0579– outside the United States if such for the amount of the costs estimated by 0257, and 0579–0279) treatment is determined to be necessary:

Pest(s) for which treatment is re- Seed/bulb Country/locality quired

Abelmoschus spp. (okra) All ...... Pectinophora gossypiella (Saunders) seeds. (pink bollworm). Allium sativum (garlic) bulbs Algeria, Armenia, Austria, Azerbaijan, Belarus, Croatia, Czech Republic, Brachycerus spp. and Dyspessa Egypt, France, Georgia, Germany, Greece, Hungary, Iran, Israel, Italy, ulula (Bkh.). Kazakhstan, Kyrgyzstan, Republic of Moldova, Morocco, Portugal, Ser- bia and Montenegro, Slovakia, Slovenia, Republic of South Africa, Spain, Switzerland, Syria, Russian Federation, Tajikistan, Turkey, Turkmenistan, Ukraine, and Uzbekistan. Castanea seeds ...... All except Canada and Mexico ...... Curculio elephas (Cyllenhal), C. nucum L., Cydia (Laspeyresia) splendana Hubner, Pammene fusciana L. (Hemimene juliana (Curtis)) and other insect pests of chestnut and acorn. Guizotia abyssinica (niger) All (see paragraph (c) of this section) ...... Cuscuta spp., and other noxious seeds. weeds listed in 7 CFR 360.200. Hibiscus spp. (hibiscus, All, with the exception of kenaf seed (Hibiscus cannabinus) from Mexico Pectinophora gossypiella (Saunders) rose mallow) seeds. that is to be imported into pink bollworm generally infested areas listed (pink bollworm). in § 301.52–2a of this chapter. Lathyrus spp. (sweet pea, All except North America and Central America ...... Insects of the family Bruchidae. peavine) seeds. Lens spp. (lentil) seeds ...... All except North America and Central America ...... Insects of the family Bruchidae. Quercus seeds ...... All except Canada and Mexico ...... Curculio elephas (Cyllenhal), C. nucum L., Cydia (Laspeyresia) splendana Hubner, Pammene fusciana L. (Hemimene juliana (Curtis)) and other insect pests of chestnut and acorn. Rutaceae, seeds of all spe- Afghanistan, Andaman Islands, Argentina, Bangladesh, Brazil, Caroline Is- Xanthomonas axonopodis, pv. citri cies in the family. lands, Comoro Islands, Fiji Islands, Home Island in Cocos (Keeling) Is- (citrus canker). lands, Hong Kong, India, Indonesia, Ivory Coast, Japan, Kampuchea, Korea, Madagascar, Malaysia, Mauritius, Mozambique, Myanmar, Nepal, Oman, Pakistan, Papua New Guinea, Paraguay, People’s Re- public of China, Philippines, Reunion Island, Rodriquez Islands, Ryukyu Islands, Saudi Arabia, Seychelles, Sri Lanka, Taiwan, Thailand, Thurs- day Island, United Arab Emirates, Uruguay, Vietnam, Yemen (Sanaa), and Zaire. Vicia spp. (fava bean, All except North America and Central America ...... Insects of the family Bruchidae. vetch) seeds.

(b) Seeds and bulbs that are treated approved by APHIS 8 and that operates comply with the provisions of this within the United States must be treated in compliance with a written agreement section and allow inspectors and at the time of importation into the between the treatment facility owner representatives of the plant protection United States. and the plant protection service of the service of the exporting country access exporting country, in which the (c) Seeds of Guizotia abyssinica (niger to the treatment facility as necessary to treatment facility owner agrees to seed) that are treated prior to shipment monitor compliance with the regulations. Treatments must be to the United States at a facility that is 8 Criteria for the approval of heat treatment facilities are contained in part 305 of this chapter.

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certified in accordance with the I 9. Section 319.37–7 is amended as and ‘‘Sorbus spp.’’ to read as set forth conditions described in § 319.37–13(c). follows: below. (d) Shipments of kenaf (Hibiscus I a. In the table in paragraph (a)(3), in I d. By revising paragraph (d)(7)(ii) to cannabinus) seed from Mexico that are the entries for Chrysanthemum spp., read as set forth below. imported into pink bollworm generally Leucanthemella serotina, and infested areas listed in § 301.52–2a shall Nipponanthemum nipponicum, by I e. By removing paragraph (g). be subject to inspection, and shall adding the word ‘‘Canada,’’ after the § 319.37–7 Postentry quarantine. immediately, upon release, be subject to word ‘‘Brunei,’’. the domestic pink bollworm quarantine I b. In the table in paragraph (a)(3), by (a) * * * regulations in §§ 301.52 through removing the entry for ‘‘Fragaria spp.’’. (3) * * * 301.52–10, ‘‘Subpart—Pink Bollworm,’’ I c. In the table in paragraph (a)(3), by of this chapter. revising the entries for ‘‘Jasminum spp.’’

Restricted article (excluding seeds) Foreign country(ies) or locality(ies) from which imported

*******

Jasminum spp. jasmine) ...... All except Canada, Belgium, Germany, Great Britain, India, and the Philippines.

*******

Sorbus spp. (mountain ash) ...... All except Canada, Czech Republic, Denmark, Germany, and Slovakia.

*******

* * * * * (2) A restricted article from I 13. Section 319.37–14 is revised to (d) * * * Newfoundland or from that portion of read as follows. (7) * * * the Municipality of Central Saanich in § 319.37–14 Ports of entry. (ii) To grow the article or increase the Province of British Columbia east of therefrom only in a greenhouse or other the West Saanich Road may only be Any restricted article required to be enclosed building, and to comply with imported in an approved growing imported under a written permit the above conditions for a period of 6 medium if the phytosanitary certificate pursuant to § 319.37–3(a)(1) through (6) months after importation for an article accompanying it contains an additional of this subpart, if not precleared, may be declaration that that the plants were of Chrysanthemum spp., Dendranthema imported or offered for importation only grown in a manner to prevent spp, Leucanthemella serotina, and at a USDA plant inspection station infestation by potato cyst nematodes Nipponanthemum nipponicum, for a listed below. Ports of entry through period of 1 year after importation for an (Globodera rostochiensis and G. pallida). which restricted articles must pass article of Dianthus spp. (carnation, before arriving at these USDA plant sweet-william), and for a period of 9 * * * * * inspection stations are listed in the months after importation for an article (d) Epiphytic plants (including orchid second column. Any other restricted of Hydrangea spp. plants) established solely on tree fern article that is not required to be slabs, coconut husks, coconut fiber, new * * * * * imported under a written permit clay pots, or new wooden baskets may I 10. Section 319.37–8 is amended as pursuant to § 319.37–3(a)(1) through (6) follows: be imported on such growing media. New wooden baskets must meet all of this subpart may be imported or I a. By revising paragraph (b) to read as offered for importation at any Customs set forth below. applicable requirements in §§ 319.40–1 through 319.40–11. designated port of entry indicated in 19 I b. In paragraph (c), by removing the CFR 101.3(b)(1). Exceptions may be * * * * * words ‘‘transparent or translucent’’. listed in § 330.104 of this chapter. I c. By revising paragraph (d) to read as § 319.37–10 [Amended] Articles that are required to be imported set forth below. under a written permit that are also I 11. In § 319.37–10, the introductory § 319.37–8 Growing media. text of paragraph (b) is amended by precleared in the country of export are not required to enter at an inspection * * * * * removing the word ‘‘listed’’ and adding station and may enter through any (b)(1) A restricted article from Canada the word ‘‘identified’’ in its place. Customs port of entry. Exceptions may may be imported in any growing § 319.37–12 [Amended] medium, except as restricted in be listed in § 330.104 of this chapter. paragraph (b)(2) of this section. I 12. Section 319.37–12 is amended by removing the words ‘‘or part 321’’.

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LIST OF USDA PLANT INSPECTION STATIONS

State Port of entry Federal plant inspection station

Arizona ...... Nogales ...... Plant Inspection Station, 9 North Grand Avenue, Room 120, Nogales, AZ 85621. California ...... Long Beach, Los Angeles, San Pedro Los Angeles Inspection Station, 11840 S. La Cienega Blvd., Hawthorne, CA 90250. San Diego, San Ysidro ...... Plant Inspection Station, 9777 Via de la Amistad, Room 140, San Diego, CA 92154. Oakland, San Francisco ...... Plant Inspection Station, 389 Oyster Point Blvd., Suite 2, South San Francisco, CA 94080. Florida ...... Miami, (Note: Restricted articles may Plant Inspection Station, 3500 NW., 62nd Avenue, Miami, FL 33122. Mailing be moved from Fort Lauderdale to address: P.O. Box 660520, Miami, FL 33266. Miami under U.S. Customs bond). Orlando ...... Plant Inspection Station, 9317 Tradeport Drive, Orlando, FL 32827. Georgia ...... Atlanta ...... Hartsfield Perishable Complex, 1270 Woolman Place, Atlanta, GA 30354. Guam ...... Agana ...... 905 East Sunset Blvd., Tiyan, Barringada, GU 96913. Mailing address: P.O. Box 8769, Tamuning, GU 96931. Hawaii ...... Honolulu (Airport) ...... Honolulu Inspection Station, Honolulu International Airport, 300 Rodgers Blvd., #57, Honolulu, HI 96819–1897. Louisiana ...... New Orleans ...... Plant Inspection Station, 900 East Airline Service Road A, Kenner, LA 70063. Maryland ...... Baltimore ...... (Only niger seed may be imported into the Port of Baltimore, after which it may be moved for treatment at a local treatment facility). New Jersey ...... Elizabeth, New York (Maritime), New- Frances Krim Memorial Inspection Station, 2500 Brunswick Avenue, Building ark. G, Linden, NJ 07036. New York ...... Jamaica (JFK) ...... Plant Inspection Station, 230–59 International Airport Centers Boulevard, Build- ing C, Suite 100, Room 109, Jamaica, NY 11413. Puerto Rico ...... San Juan ...... Plant Inspection Station, 150 Central Sector, Building C–2, Warehouse 3, Carolina, PR 00979. Texas ...... Houston ...... Plant Inspection Station, 19581 Lee Road, Humble, TX 77338. Los Indios ...... Plant Inspection Station, P.O. Drawer Box 393, 100 Los Indios Boulevard, Los Indios, TX 78567. Washington ...... Seattle ...... 835 S. 192nd Street, Suite 1600, Sea-Tac, WA 98148.

§ 319.59–2 [Amended] § 319.75–8 [Amended] LIST OF EXCEPTIONS TO CUSTOMS I 14. Section 319.59–2 is amended as I 16. § 319.75–8 is amended by DESIGNATED PORTS OF ENTRY follows: removing the word ‘‘listed’’ and adding State Port of entry I a. In paragraph (b)(1), by removing the the word ‘‘identified’’ in its place. words ‘‘Plant Germplasm Quarantine [Reserved] ...... [Reserved] Center, Building 320’’ and adding the PART 330—FEDERAL PLANT PEST words ‘‘National Plant Germplasm REGULATIONS; GENERAL; PLANT PART 340—INTRODUCTION OF Inspection Station, Building 580’’ in PESTS; SOIL, STONE, AND QUARRY ORGANISMS AND PRODUCTS their place; and by removing the words PRODUCTS; GARBAGE ALTERED OR PRODUCED THROUGH ‘‘at any port of entry with an asterisk GENETIC ENGINEERING WHICH ARE listed in § 319.37–14(b)’’ and adding the I 17. The authority citation for part 330 PLANT PESTS OR WHICH THERE IS words ‘‘through any USDA plant continues to read as follows: REASON TO BELIEVE ARE PLANT inspection station listed in § 319.37–14’’ Authority: 7 U.S.C. 450, 7701–7772, 7781– PESTS in their place. 7786, and 8301–8317; 21 U.S.C. 136 and I 19. The authority citation for part 340 I b. In paragraph (b)(2), by removing the 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and continues to read as follows: words ‘‘Plant Germplasm Quarantine 371.3. Center’’ and adding the words ‘‘National Authority: 7 U.S.C. 7701–7772 and 7781– Plant Germplasm Inspection Station’’ in I 18. Section 330.104 is amended by 7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3. their place. revising all of the text after the first sentence to read as follows: § 340.4 [Amended] § 319.75 [Amended] § 330.104 Ports of entry. I 20. In § 340.4, paragraph (f)(11)(i) is I 15. In §19.75, paragraph (c)(2) is amended by removing the words ‘‘at a * * * The ports of entry shall be amended by removing the words ‘‘Plant port of entry which is designated by an Germplasm Quarantine Center, Building those named in 19 CFR 101.3(b)(1), asterisk in 7 CFR 319.37–14(b);’’ and 320’’ and adding the words ‘‘National except as otherwise provided by adding the words ‘‘through any USDA Plant Germplasm Inspection Station, administrative instructions or by plant inspection station listed in Building 580’’ in their place; and by permits issued in accordance with this § 319.37–14 of this chapter;’’ in their removing the words ‘‘at a port of entry part, and except those ports of entry place. designated by an asterisk in § 319.37– listed below. § 340.7 [Amended] 14(b);’’ and adding the words ‘‘through any USDA plant inspection station I 21. In § 340.7, the introductory text of listed in § 319.37–14;’’ in their place. paragraph (b) is amended by removing the words ‘‘at a port of entry designated

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by an asterisk in 7 CFR 319.37–14(b)’’ Division, Flight Standards Service, amendment effective in less than 30 and adding the words ‘‘through any Federal Aviation Administration, Mike days. USDA plant inspection station listed in Monroney Aeronautical Center, 6500 Conclusion § 319.37–14 of this chapter’’ in their South MacArthur Blvd., Oklahoma City, place. OK 73169 (Mail Address: P.O. Box The FAA has determined that this Done in Washington, DC, this 30th day of 25082, Oklahoma City, OK 73125) regulation only involves an established July 2007. telephone: (405) 954–4164. body of technical regulations for which W. Ron DeHaven, frequent and routine amendments are SUPPLEMENTARY INFORMATION: This necessary to keep them operationally Administrator, Animal and Plant Health amendment to part 95 of the Federal Inspection Service. current. It, therefore—(1) is not a Aviation Regulations (14 CFR part 95) ‘‘significant regulatory action’’ under [FR Doc. E7–15124 Filed 8–3–07; 8:45 am] amends, suspends, or revokes IFR Executive Order 12866; (2) is not a BILLING CODE 3410–34–P altitudes governing the operation of all ‘‘significant rule’’ under DOT aircraft in flight over a specified route Regulatory Policies and Procedures (44 or any portion of that route, as well as FR 11034; February 26, 1979); and (3) DEPARTMENT OF TRANSPORTATION the changeover points (COPs) for does not warrant preparation of a Federal airways, jet routes, or direct regulatory evaluation as the anticipated Federal Aviation Administration routes as prescribed in part 95. impact is so minimal. For the same reason, the FAA certifies that this The Rule 14 CFR Part 95 amendment will not have a significant economic impact on a substantial [Docket No. 30564; Amdt. No. 469] The specified IFR altitudes, when used in conjunction with the prescribed number of small entities under the IFR Altitudes; Miscellaneous changeover points for those routes, criteria of the Regulatory Flexibility Act. Amendments ensure navigation aid coverage that is List of Subjects in 14 CFR Part 95 adequate for safe flight operations and AGENCY: Federal Aviation free of frequency interference. The Airspace, Navigation (air). Administration (FAA), DOT. reasons and circumstances that create Issued in Washington, DC, on July 30, ACTION: Final rule. the need for this amendment involve 2007. matters of flight safety and operational James J. Ballough, SUMMARY: This amendment adopts efficiency in the National Airspace Director, Flight Standards Service. miscellaneous amendments to the System, are related to published required IFR (instrument flight rules) aeronautical charts that are essential to Adoption of the Amendment altitudes and changeover points for the user, and provide for the safe and I certain Federal airways, jet routes, or Accordingly, pursuant to the authority efficient use of the navigable airspace. delegated to me by the Administrator, direct routes for which a minimum or In addition, those various reasons or maximum en route authorized IFR part 95 of the Federal Aviation circumstances require making this Regulations (14 CFR part 95) is altitude is prescribed. This regulatory amendment effective before the next action is needed because of changes amended as follows effective at 0901 scheduled charting and publication date UTC, August 30, 2007. occurring in the National Airspace of the flight information to assure its System. These changes are designed to timely availability to the user. The PART 95—[AMENDED] provide for the safe and efficient use of effective date of this amendment reflects I the navigable airspace under instrument those considerations. In view of the 1. The authority citation for part 95 conditions in the affected areas. close and immediate relationship continues to read as follows: DATES: Effective Date: 0901 UTC, August between these regulatory changes and Authority: 49 U.S.C. 106(g), 40103, 40106, 30, 2007. safety in air commerce, I find that notice 40113, 40114, 40120, 44502, 44514, 44719, FOR FURTHER INFORMATION CONTACT: and public procedure before adopting 44721. Donald P. Pate, Flight Procedure this amendment are impracticable and I 2. Part 95 is amended to read as Standards Branch (AMCAFS–420), contrary to the public interest and that follows: Flight Technologies and Programs good cause exists for making the BILLING CODE 4910–13–P

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