Proposed Rules Federal Register Vol

9851

Proposed Rules Federal Register Vol. 78, No. 29

Tuesday, February 12, 2013

This section of the FEDERAL REGISTER #!documentDetail;D=APHIS–2008- paragraph further specifies that, in contains notices to the public of the proposed 0071–0001. choosing which actions to order and in issuance of rules and regulations. The • Postal Mail/Commercial Delivery: setting the time limit for the actions, the purpose of these notices is to give interested Send your comment to Docket No. inspector shall consider the degree of persons an opportunity to participate in the APHIS–2008–0071, Regulatory Analysis pest risk presented by the quarantine rule making prior to the adoption of the final rules. and Development, PPD, APHIS, Station pest associated with the article, whether 3A–03.8, 4700 River Road Unit 118, the article is a host of the pest, the types Riverdale, MD 20737–1238. of other host materials for the pest in or DEPARTMENT OF AGRICULTURE Supporting documents and any near the port, the climate or season at comments we receive on this docket the port in relation to the pest’s survival Animal and Plant Health Inspection may be viewed at http:// range, and the availability of treatment Service www.regulations.gov/ facilities for the article. #!docketDetail;D=APHIS-2008-0071 or However, there are often other factors 7 CFR Parts 319 and 361 in our reading room, which is located in that an inspector considers in room 1141 of the USDA South Building, determining what remedial measures to [Docket No. APHIS–2008–0071] 14th Street and Independence Avenue order. For example, an inspector may consider whether the manifest RIN 0579–AD47 SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., accompanying the article is missing or Importation of Plants for Planting Monday through Friday, except incomplete, thus making it difficult to holidays. To be sure someone is there to determine the origin or contents of the AGENCY: Animal and Plant Health help you, please call (202) 799–7039 shipment, or whether the article is Inspection Service, USDA. before coming. considered a high-risk pathway for the ACTION: Proposed rule. FOR FURTHER INFORMATION CONTACT: Dr. introduction of a quarantine pest into Arnold Tschanz, Senior Plant the United States. To clarify, we would SUMMARY: We are proposing to amend Pathologist, Plant Health Programs, amend the paragraph to specify that, in the regulations on importing plants for PPQ, APHIS, 4700 River Road Unit 133, addition to the considerations already planting to add Turkey to the list of Riverdale, MD 20737–1236; (301) 851– listed, an inspector may also consider countries from which the importation of any other factors pertaining to the risk 2179. restricted articles of Chrysanthemum that the article may present to plants, spp., Leucanthemella serotina, and SUPPLEMENTARY INFORMATION: plant parts, or plant products within the Nipponanthemum nipponicum into the Background United States that he or she considers United States is prohibited due to the necessary in order to choose an action The regulations in 7 CFR part 319 presence of white rust of and set a time limit. Chrysanthemum; to require permits for prohibit or restrict the importation of Definitions (§ 319.37–1) the importation of any seed that is certain plants and plant products into coated, pelleted, or embedded in a the United States to prevent the Currently, we define bulb in § 319.37– substrate that obscures visibility; to introduction of quarantine plant pests. 1 of the regulations as: ‘‘The portion of provide for an alternate additional The regulations contained in ‘‘Subpart— a plant commonly known as a bulb, declaration on phytosanitary certificates Plants for Planting,’’ §§ 319.37 through bulbil, bulblet, corm, cormel, rhizome, that accompany articles imported from 319.37–14 (referred to below as the tuber, or pip, and including fleshy roots a country in which potato cyst regulations), restrict among other things, or other underground fleshy growths, a nematodes are known to occur; to the importation of living plants, plant unit of which produces an individual provide conditions for the importation parts, and seeds for propagation or plant.’’ of Prunus spp. articles from Canada that planting. We have determined that this We are proposing to make several address the presence of plum pox definition needs to be modified. amendments to the regulations. Our potyvirus in that country; and to Primarily, the current definition proposed amendments are discussed provide for the importation of Dianthus conflates two types of plant parts, bulbs below. and dormant herbaceous perennials, spp. (carnations) from the Netherlands. that are, in fact, distinct. Bulbs, which We are also proposing other changes to Prohibitions and Restrictions on include bulbils, corms, and cormels, are update and clarify the regulations and to Importation; Disposal of Articles the storage organ for a plant’s improve their effectiveness. These Refused Importation (§ 319.37) reproductive structure while the plant is changes are necessary to relieve Paragraph (b) of § 319.37 currently in a state of dormancy. Within the restrictions that appear unnecessary, to provides that, if a regulated article is context of our enforcement of the update existing provisions, and to make denied entry into the United States for regulations, we consider a bulb to the regulations easier to understand and non-compliance with the regulations, remain a bulb until such time as implement. the importer must destroy, ship to a environmental conditions induce it to DATES: We will consider all comments point outside the United States, or apply produce shoots. At that time, we no that receive on or before April 15, 2013. treatments or other safeguards to the longer regulate it as a bulb, but instead ADDRESSES: You may submit comments article in the manner and within the regulate it as a plant. by either of the following methods: time period prescribed by an inspector, Dormant herbaceous perennials, • Federal eRulemaking Portal: Go to to prevent the introduction into the which include rhizomes, tubers, http://www.regulations.gov/ United States of quarantine pests. The tuberous roots, pips, fleshy roots,

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divisions, and underground fleshy risk analysis. Accordingly, we would known to exist. In order to facilitate growths, are the parts of a herbaceous amend the definition of from to clarify regulatory compliance, we would perennial plant that remain after the that, for an article to be from Canada, it amend the entries for Chrysanthemum above-ground parts of the plant have must never have been grown in a spp., Leucanthemella serotina, and died back to the earth at the end of a country from which it would be a Nipponanthemum nipponicum to growing season, and while the perennial prohibited article or an article whose specify that articles of these species are remains dormant. We consider a importation into the United States is not prohibited from all countries, unless dormant herbaceous perennial to authorized pending pest risk analysis. they meet the conditions of §§ 319.37– include all plant parts of this dormant Additionally, we would revise the 5 and 319.37–7. In §§ 319.37–5 and plant, except the bulb. As we do for definition of phytosanitary certificate of 319.37–7, we would update the lists of bulbs, we consider these plant parts to inspection, to make it consistent with regions of the world from which be dormant herbaceous perennials until the definition provided in ‘‘Subpart— Chrysanthemum spp., Leucanthemella such time as they start to sprout; at that Fruits and Vegetables’’ (§§ 319.56–1 to serotina, and Nipponanthemum point we consider them plants. 319.56–58). That definition, found in nipponicum articles may not be To reflect this distinction, we would § 319.56–2, specifies that all imported to list continents, followed by revise the definition of bulb to read as phytosanitary certificates of inspection countries, and to remove references to follows: ‘‘The storage organ of a plant must be consistent with the model lines of longitude and latitude. that serves as the plant’s sexual phytosanitary certificate provided by In amending §§ 319.37–2, 319.37–5, structure during dormancy. Examples the International Plant Protection and 319.37–7 in this manner, we would include bulbs, bulbils, bulblets, corms, Committee, of which the United States expand the current prohibitions to and cormels. For purposes of this is a contracting party, and more include all of Europe and Asia, subpart, a bulb remains a bulb until accurately describes the intent and including Turkey. Although the current such time as environmental conditions content of phytosanitary certificates of regulations do not list Turkey as a induce it to produce shoots. It is then inspection. country in which CWR is known to considered a plant.’’ We would, however, retain a exist, in February and March 2007, there We would define dormant herbaceous provision in the current definition that was a severe outbreak of the disease in perennial as: ‘‘Except for bulbs, the all phytosanitary certificates of the cut flower-producing regions of portions of an herbaceous perennial that inspection for plants for planting must Turkey. Since the outbreak, we have remain after the above-ground parts of be issued not more than 15 days prior considered Turkey to be a country in the plant have died back to the earth to shipment of restricted articles. This which CWR is known to occur, and after the growing season and the plant provision is necessary because the have imposed restrictions on the remains dormant. Examples include potential for infestation after importation of Chrysanthemum spp., rhizomes, tubers, tuberous roots, pips, phytosanitary inspection is, generally, Leucanthemella serotina, and fleshy roots, divisions, and underground greater for plants for planting than it is Nipponanthemum nipponicum plants fleshy growths. For purposes of this for fruits and vegetables, and often from Turkey in order to prevent the subpart, dormant herbaceous perennials increases if the time period between introduction of CWR into the United remain dormant herbaceous perennials inspection and shipment is pronounced. States. Adding Turkey to the list of until such time as environmental Finally, we would add a definition of countries where CWR is known to exist conditions induce them to sprout. They Administrator. That term is used would codify those restrictions. are then considered plants.’’ frequently throughout the regulations, We would amend the entries for Several of our proposed amendments but is not defined. Our proposed ‘‘Acer spp. (maple) (except Acer to the regulations in this rule would definition, ‘‘the Administrator of the palmatum and Acer japonicum meeting draw a distinction between bulbs and Animal and Plant Health Inspection the conditions for importation in dormant herbaceous perennials. Adding Service (APHIS), or any person § 319.37–5(m)’’, ‘‘Chaenomeles a definition of dormant herbaceous authorized to act for the Administrator,’’ (flowering quince) spp. not meeting the perennial to the regulations would would be identical to the definition of conditions for importation in § 319.37– clarify the nature of the distinction. Administrator found in other parts of 5(b)’’, ‘‘Cydonia (quince) spp. not Currently, the definition of from Chapter III of 7 CFR, and is the meeting the conditions for importation provides, as a general rule, that an definition most commonly associated in § 319.37–5(b)’’, ‘‘Malus spp. (apple, article is ‘‘from’’ the country or locality with the term Administrator by crabapple) not meeting the conditions in which it is grown. However, the regulated entities. for importation in § 319.37–5(b)’’, and definition does provide that an article ‘‘Vitis spp. (grape) not meeting the that was not grown in Canada may be Prohibited Articles (§ 319.37–2) conditions for importation in § 319.37– considered from Canada, subject to The table in paragraph (a) of § 319.37– 5(b).’’ Conditions governing the certain conditions. One of these 2 lists prohibited articles. We are importation of restricted articles of these conditions is that the article must never proposing several changes to entries in species into the United States are found have been grown in a country from the table. not only in § 319.37–5, but also in which it would be a prohibited article. First, we would revise the entries for § 319.37–7. (We would make parallel This condition presupposes that there ‘‘Chrysanthemum spp. changes to §§ 319.37–5 and 319.37–7.) is only one category of articles, (chrysanthemum, includes We would also make several changes prohibited articles, whose importation Dendranthema spp.),’’ ‘‘Leucanthemella to update the nomenclature of plant into the United States is not authorized serotina,’’ and ‘‘Nipponanthemum species listed in the table. First, there under the regulations. However, in a nipponicum,’’ which prohibit the are currently entries for Berberis, final rule published in the Federal importation of regulated articles of these Mahoberberis, and Mahonia spp. that, Register on May 27, 2011 (76 FR 31172– genera from countries in which apart from the nomenclature used for 31210, Docket No. APHIS–2006–0011), Chrysanthemum white rust (CWR), a the prohibited genera, are otherwise we established another category, articles pest of concern for Chrysanthemum identical. However, the international whose importation into the United spp., Leucanthemella serotina, and taxonomic community currently does States is not authorized pending pest Nipponanthemum nipponicum, is not consider Mahoberberis or Mahonia

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to differ from Berberis. We would certain provinces in Canada and that are permits for the importation of seeds of therefore remove each entry for destined to Oregon or Washington, is trees or shrubs from any country or ‘‘Mahoberberis’’ or ‘‘Mahonia’’ and add subparagraph (a)(14). locality except Canada, as paragraph ‘‘(includes Mahoberberis and Mahonia From time to time, this lack of order (a)(2). To distinguish the provisions of spp.)’’ to the entries for ‘‘Berberis spp.’’ has led to inadvertent oversights by this subparagraph from the exemption For a similar reason, we would also importers, who have sought importation in current subparagraph (a)(5), we remove the entries for of an article into the United States would also amend this subparagraph to ‘‘Chrysalidocarpus spp. (butterfly without the required permit solely clarify that it pertains to seeds of non- palm)’’ and ‘‘Neodypsis spp. (palm),’’ because the category the article herbaceous plants, such as trees and and replace them with a single entry for belonged to was not one of the more shrubs. ‘‘Dypsis spp. (butterfly palm).’’ Finally, prominent subparagraphs. Therefore, we We would remove current we would remove the entry for would reorder the subparagraphs to subparagraph (a)(3), which requires ‘‘Arikuryoba spp. (arikury palm)’’, and place the broadest categories first. permits for the importation of bulbs of replace it with an entry for ‘‘Syagrus We would redesignate current Allium sativum (garlic), Crocosmia spp. schizophylla (Mart.) Glassman (arikury subparagraph (a)(5), which requires (montebretia), Gladiolus spp. palm).’’ permits for the importation of lots of 13 (gladiolus), and Watsonia spp. (bugle Additionally, we would update the or more articles (other than seeds, bulbs, lily) from New Zealand. There have entry for Salix spp. (willow). Currently, or sterile cultures of orchid plants) from historically been no importations of lots the entry prohibits the importation of any country or locality except Canada, of fewer than 13 bulbs of these species Salix spp. plants from Belgium, as subparagraph (a)(1). (Current from New Zealand into the United Germany, Great Britain, Japan, and the subparagraph (a)(1), which requires States, and New Zealand does not have Netherlands to prevent the introduction permits for articles subject to treatment a preclearance program. Hence, of Erwinia salicis (Day) Chester, or and other requirements of § 319.37–6, practically speaking, we consider the Watermark disease. However, Erwinia would be redesignated as subparagraph restrictions of this subparagraph to salicis (Day) Chester is now considered (a)(6).) We would also amend current duplicate those of proposed a synonym for Brenneria salicis (Day) subparagraph (a)(5) to clarify that one of subparagraph (a)(1). Hauben et al. The updated entry would the exemptions within it applies both to In place of current subparagraph specify that Watermark disease is bulbs and to dormant herbaceous (a)(3), proposed subparagraph (a)(3) known both as Brenneria salicis (Day) perennials, provided that they have would list a new category of articles. Hauben et al. and as Erwinia salicis been precleared and belong to a plant Section 319.37–5 of the regulations lists (Day) Chester. taxon approved by APHIS for certain categories of restricted articles (Please note that these proposed preclearance, and another of the that must be accompanied by a changes would pertain only to exemptions applies only to seeds of phytosanitary certificate of inspection nomenclature. We are not proposing to herbaceous plants. containing an additional declaration remove or otherwise alter the existing The first amendment is necessary to that the articles are free of specified prohibitions on the importation of codify a long-standing APHIS policy quarantine pests or have been produced plants of these genera.) and operational practice. Bulbs and in accordance with certain dormant herbaceous perennials that are requirements. Operationally, we have Permits (§ 319.37–3) precleared have been inspected by an long required that such articles be Section 319.37–3 lists certain inspector in the country from which accompanied not only by a categories of restricted articles that may they were exported in accordance with phytosanitary certificate, but also by a only be imported into the United States an APHIS-approved preclearance written permit. The permit makes it following issuance of a written permit program and have been determined to clear to inspectors at a port of first by APHIS. It also contains the process meet the conditions for importation of arrival that APHIS considers the for obtaining a permit, the conditions the articles into the United States. phytosanitary certificate to provide that will lead us to withdraw a permit Hence, prior to their arrival in the adequate assurance that the article is that we have issued, and the United States, they have already been free of quarantine pests and that, circumstances under which we may determined not to present a risk of accordingly, APHIS authorizes the issue an oral permit. We would make introducing or disseminating plant pests importation of the article into the several additions, deletions, re- within the United States; requiring a United States. Proposed subparagraph orderings, and other amendments to permit to be issued in order for the (a)(3) would codify this operational paragraph (a); update paragraph (b); and articles to be imported would be practice. make nonsubstantive changes to unnecessary. However, bulbs and We would remove current paragraph (d). dormant herbaceous perennials that subparagraph (a)(4), which requires Paragraph (a) lists restricted articles, have not been precleared have not permits for the importation of articles of currently found in subparagraphs (a)(1) necessarily been produced under such Cocos nucifera (coconut) and articles through (a)(19), that may be imported conditions or subject to such (except seeds) of Dianthus spp. into the United States only after inspections. Hence a risk basis exists for (carnation, sweet-william) from any issuance of a written permit. requiring such articles to be country or locality except Canada. Only Currently, these subparagraphs are accompanied by permits, and, two countries, Jamaica and Costa Rica, arranged according to when they were operationally, we have long done so. are authorized to export coconuts to the added to the regulations, and therefore The latter amendment is necessary in United States under the regulations, and are not in any particular order. Thus, order to distinguish this exemption from there are no documented importations one of the broadest categories, which the provisions of current subparagraph of lots of fewer than 13 coconuts from requires permits for most small lots of (a)(6), discussed immediately below, either country into the United States. In seed imported into the United States, is which otherwise might appear in addition, with very limited exceptions, subparagraph (a)(18), while one of the tension with the exemption. importations of Dianthus spp. require most limited, which applies only to We would redesignate current postentry quarantine in accordance with articles of Corylus spp. that are from subparagraph (a)(6), which requires § 319.37–7. Hence this subparagraph

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substantively duplicates the restrictions spp. (pear), Prunus spp. (almond, branch no longer exists, and permitting of proposed subparagraphs (a)(2) and apricot, cherry, cherry laurel, English of plants, plant parts, and plant (a)(4). laurel, nectarine, peach, plum, prune), products is no longer under the purview We are proposing to add a new Cydonia spp. (quince), Chaenomeles of only one branch within PPQ. Hence subparagraph (a)(7). This subparagraph spp. (flowering quince), and Rubus spp. we would amend paragraph (b) to would codify a long-standing APHIS (cloudberry, blackberry, boysenberry, provide that applications should be policy and operational protocol by dewberry, loganberry, raspberry) from addressed directly to PPQ. We would requiring permits for the importation of Canada, would be redesignated as also amend a footnote in the paragraph seed of herbaceous plants for planting subparagraph (a)(8). We would also to specify that applications may be that is coated, pelleted, or embedded in amend that subparagraph to include obtained via the Internet at http:// a substrate that obscures visibility. articles (except seeds) of Vitis spp. www.aphis.usda.gov/plant_health/ Visual identification and inspection of (grape). This amendment is necessary permits/index.shtml. That Web site coated, pelleted, or embedded seed is because the paragraph is meant to work provides eAuthenticated persons with often difficult or practically impossible. in conjunction with paragraph (b)(1) of access to ePermits, APHIS’ secure site In the absence of an accompanying § 319.37–5, which requires for online permit applications. permit, it would therefore be reasonable phytosanitary certificates for the We are proposing to make for an inspector at a port of first arrival importation of restricted articles of these nonsubstantive editorial changes to to consider the material to present an species from Canada. However, while paragraph (d) of the section. unknown risk to plants, plant parts, or paragraph (b)(5) of § 319.37–5 currently Specifically, we would remove plant products within the United States, requires restricted articles of Vitis spp. references to the Deputy Administrator and to prohibit or greatly restrict its from Canada to be accompanied by a of PPQ and replacing them with importation. Hence, for the last several phytosanitary certificate, articles of Vitis references to the Administrator of years, we have required permits to be spp. are not currently listed in APHIS, and we would replace certain issued for the importation of such seed subparagraph (a)(7) of § 319.37–3. legal terms of art in the paragraph with so that the permit and its conditions In the current regulations, more colloquial terms that express the may serve as the primary means of subparagraphs (a)(8) through (a)(14) and same concept. identifying the articles at the port of first (a)(16) provide that permits must be Inspection, Treatment, and arrival, and so that importers are issued prior to the importation of Phytosanitary Certificates of Inspection provided with the specific importation certain restricted articles into the United (§ 319.37–4) requirements for such seed. States only if those articles are destined (On a related matter, 7 CFR part 361 to certain States. Paragraph (a) of § 319.37–4 requires contains regulations that APHIS has We developed these subparagraphs in that most restricted articles imported issued pursuant to the Federal Seed Act coordination with State departments of into the United States be accompanied (7 U.S.C 1551–1661) regarding the agriculture. In order for a State to be by a phytosanitary certificate of importation of seed of certain fruits, listed in one of the subparagraphs, it inspection, and specifies certain types vegetables, and herbs into the United had to have promulgated State of general information required for such States. Section 361.2 contains general quarantine regulations regarding the certificates. Subparagraphs (a)(1) restrictions on the importation of such movement of the restricted article into through (a)(4) list categories of restricted seed. Paragraph (d) of § 361.2 provides the State in order to prevent the spread articles that we allow to be imported that, except for Canadian-origin seed, if of a quarantine pest for which the article into the United States without a the seed is coated or pelleted, it must be is a host, and had to state that phytosanitary certificate or with accompanied by an officially drawn and notification regarding the importation of documentation in lieu of a sealed sample that was drawn before the the article into the State was necessary phytosanitary certificate. seed was coated or pelleted. That for the purposes of enforcing these Currently, paragraph (a) does not paragraph, and the other buttressing quarantine regulations. APHIS would provide specific phytosanitary paragraphs in that section, are written in then submit a copy of the permit to the certificate requirements for plants that a manner by which one could construe State in order to provide such have been grafted, budded, or otherwise paragraph (d) of § 361.2 as providing the notification. contain interpolated plant parts. sole restrictions on the importation of Several of the States currently listed However, as an operational policy, we coated or pelleted seed in 7 CFR. in these subparagraphs have rescinded have long asked that phytosanitary However, the importation of such seed the quarantine regulations that led them certificates for such plants list the has long been subject to the policy and to request notification, or have stated to identity of any parts of the plant (e.g., operational protocol referenced in the APHIS that notification is no longer scion, rootstock, interstem) that belong preceding paragraph. Hence we would necessary for purposes of enforcing their to restricted taxa to the lowest regulated amend paragraph (d) of § 361.2 to clarify regulations. In addition, for those States taxonomic classification; this is because that it is meant to work in conjunction that still request notification, we have all restricted taxa within the regulations with proposed paragraph (a)(7) of long provided such notification through are known to be a host of at least one § 319.37–3. In so doing, we would also other means and methods. Hence we quarantine pest and restricted taxa do extend the scope of that paragraph to consider these subparagraphs to no not lose this host status by being grafted, seed that is embedded in a substrate that longer be necessary, and are proposing budded, or interpolated. We would obscures visibility.) to remove them from the regulations. amend paragraph (a) to codify this In our proposed revision, Paragraph (b) of § 319.37–3 contains policy. We would also make subparagraphs (a)(8) through (a)(10) the process for obtaining a permit. It nonsubstantive editorial changes to the would pertain to certain types of articles states that applications for permits paragraph to make its relationship with from Canada for which permits are should be submitted to the Permits, the following paragraphs in the section required. Current subparagraph (a)(7), Registrations, Imports and Manuals clearer. which requires permits for the branch of APHIS’ Plant Protection and Subparagraph (a)(4) of § 319.37–4 importation of articles (except seeds) of Quarantine (PPQ) program. However, exempts bulbs from the Netherlands Malus spp. (apple, crabapple), Pyrus due to organizational restructuring, that from having to be accompanied by a

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phytosanitary certificate, provided that nematodes (Globodera rostochiensis exist within Canada only in they are accompanied by a special (Woll.) Behrens and G. pallida (Stone) Newfoundland and a portion of the certificate that lists a serial number, the Behrens, PCN) are known to exist, and Municipality of Central Saanich in the scientific name of the bulb, the country requires restricted articles from those Province of British Columbia, PCN were of its origin, and the date on which the countries to be accompanied by a discovered in Quebec in 2006 and special certificate expires. This phytosanitary certificate which contains Alberta in 2007, at significant distances paragraph is intended to pertain only to an additional declaration that the article from all previous detections of PCN. a small subset of bulbs that are sold in was grown on land which has been Moreover, since the movement of soil small packages to international travelers sampled and microscopically inspected within Canada has historically not been visiting the Netherlands, and that by the NPPO of the country in which it stringently regulated, there is a cannot feasibly be precleared and was grown within 12 months preceding significant possibility of future inspected prior to export; commercial issuance of the certificate and found free detections of PCN in other areas of quantities of bulbs from the Netherlands from PCN. The paragraph currently Canada. Hence, we would amend the are subject to the restrictions of exempts restricted seeds, unrooted list to consider PCN to exist in all areas paragraph (a) of § 319.37–5, which cuttings, articles collected from the of Canada that are regulated by the requires the bulbs to be precleared by wild, and articles solely for food, NPPO of Canada for PCN. (We would the national plant protection analytical, or manufacturing purposes also make parallel changes to paragraph organization (NPPO) of the Netherlands from these additional declaration (b)(2) of § 319.37–8, which contains and accompanied by a phytosanitary requirements. restrictions on the growing media that certificate.1 We would make editorial We would remove the exemption for may accompany a restricted article changes to the paragraph to clarify its articles collected from the wild. Such imported from an area of Canada that is scope accordingly. articles may not only be infested with regulated for PCN.) Paragraph (b) of § 319.37–4 provides PCN, but also pose an unknown risk of Finally, we would restructure for inspection of restricted articles. The being contaminated with other paragraph (a) so that it more closely paragraph currently states that restricted quarantine pests. resembles other paragraphs within articles imported into the United States In addition, we would add an § 319.37–5 that contain an extensive list may be sampled and inspected by an alternate additional declaration option. of countries, which would make that inspector at the port of first arrival, or Several countries in which PCN are paragraph easier to read. alternatively, under preclearance known to exist have stated that the Importation of Restricted Articles of the agreement arrangements in the country additional declaration required under Genera Chaenomeles, Cydonia, where the article was grown. The paragraph (a) pertains only to restricted Malus, Prunus, Pyrus, and Vitis language of this paragraph has articles that are grown in soil or in occasionally proven problematic, contact with soil, and thus the The importation of all articles other insofar as it is silent regarding the paragraph effectively prohibits the than seed of the genera Chaenomeles, responsibilities of the person importing importation of most restricted articles Cydonia, Malus, Prunus, Pyrus, and the article, and can be construed to that are grown in media other than soil Vitis from anywhere in the world is suggest that inspections are entirely and in a protected environment that prohibited in § 319.37–2 unless those random, and initiated solely at the precludes contact with soil (e.g., a articles are imported in accordance with request of the inspector. This is not the greenhouse with a concrete floor) within paragraph (b) of § 319.37–5. In addition, case; all restricted articles must be a country in which PCN are known to the importation of seed of Prunus spp. presented for inspection by the exist. Since PCN are soil-borne pests, seed from anywhere in the world is importer. The inspector then determines however, these countries have stated prohibited in § 319.37–2 unless the seed whether to sample and inspect the that importation of articles grown in is imported in accordance with articles. We would amend paragraph (b) such conditions should be allowed. We paragraph (j) of § 319.37–5. to clarify the responsibilities of the agree. Therefore, we would allow Paragraph (b)(1) of § 319.37–5 importing party. restricted articles to be imported from currently authorizes the importation the countries listed in paragraph (a) if into the United States of restricted Special Foreign Inspection and they are accompanied by a articles (except seeds) of Chaenomeles, Certification Requirements (§ 319.37–5) phytosanitary certificate with the Cydonia, Malus, Prunus, Pyrus, and Section 319.37–5 lists restricted current additional declaration, or with Vitis spp. from Belgium, Canada, articles that may be imported into the an additional declaration that the France, Germany, Great Britain, or the United States only if the phytosanitary articles have been grown within a Netherlands, if they are accompanied by certificate required by § 319.37–4 of the secure environment in a production area a phytosanitary certificate with an regulations contains an additional that is free of PCN, in a soilless growing additional declaration that the articles declaration that the restricted articles medium, or in vitro, within a secure were grown in a nursery and found by are free of specified quarantine pests or environment, and have not been grown the NPPO of the country in which they have been produced in accordance with in soil nor come in contact with soil. were grown to be free of certain plant certain requirements. We are proposing We would also update the list of diseases, or alternatively, with an a number of changes to this section. countries in which PCN are known to additional declaration that those plant exist. Since we last updated the listed Importation of Restricted Articles from diseases do not occur in that country. countries in a final rule published in the Countries in which Potato Cyst Paragraph (b)(3) of § 319.37–5 lists the Nematode is Known to Exist Federal Register on August 6, 2007 (72 relevant plant diseases. FR 43503–43524, Docket No. 03–002–3), Paragraph (b)(2) of § 319.37–5 is Currently, paragraph (a) of the section PCN have been discovered in Albania, meant to complement paragraph (b)(1), lists countries in which potato cyst Falkland Islands, Indonesia, Libya, and contains what are intended to be Liechtenstein, Madeira, Mallorca, conditions for the importation of 1 For a discussion of the scope of subparagraph Romania, Sierra Leone, Sri Lanka, and budwood of certain Prunus species that (a)(4), see the December 15, 2005, proposed rule to add the subparagraph to the regulations (70 FR Turkey. In addition, while the are susceptible to plum pox potyvirus 74215–74235, Docket No. 03–002–1). regulations currently consider PCN to from Belgium, France, Germany, Great

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Britain, or the Netherlands. The conditions for the importation of Prunus apricot pseudo-chlorotic leaf spot restrictions in this paragraph are spp. seed from these same countries. trichovirus. necessary because the restrictions of Second, since paragraphs (b) and (j) Similarly, we would update the paragraph (b)(1), in themselves, do not were last updated, plum pox potyvirus entries for apple proliferation agent, adequately address the risk that plum has been detected in Canada. pear blister canker virus, apple green pox potyvirus could follow the pathway Accordingly, we need to amend the crinkle virus, apple chat fruit virus, of susceptible Prunus spp. budwood regulations to specify conditions plum pox (=Sharka) virus, cherry leaf that is imported from these five regarding the importation of Prunus roll virus, cherry rusty mottle countries. spp. from Canada that reflect the (European) agent, apricot chlorotic leaf In a similar manner, paragraph (j)(1) presence of this disease within Canada.2 roll agent, plum bark split virus, arabis of § 319.37–5 contains conditions for the In addition, the list in paragraph (j)(2) mosaic virus, raspberry ringspot virus, importation of seed of Prunus spp. that of regions and countries in which plum tomato blackring virus, strawberry latent are susceptible to plum pox potyvirus pox potyvirus is known to exist does not ringspot virus, quince yellow blotch from Belgium, France, Germany, Great reflect the detection of plum pox agent, apple ringspot virus, grapevine Britain, or the Netherlands. This potyvirus in Argentina, Chile, and leaf roll agent, flavescence-doree agent, paragraph is necessary because plum Japan. and black wood agent (bois-noir) to pox potyvirus can be transmitted by Third, paragraph (b)(1) needs to be reflect the current nomenclature for the seed, and therefore could follow the rewritten in a manner which makes it pathogens used by the U.S. taxonomic pathway of Prunus spp. seed imported clear that the paragraph pertains only to community. For reasons specified from these five countries. species of Prunus that are not below, we would also redesignate the Paragraph (j)(2) complements susceptible to plum pox potyvirus, and paragraph as paragraph (b)(5). We would amend paragraph (b)(1) to paragraph (j)(1), and provides additional is not intended to address the risk reflect this redesignation, to clarify that conditions for the importation of seed of associated with the importation of it provides mitigations only for articles these Prunus spp. from all other species that are susceptible to the of Prunus species that are not countries, unless plum pox potyvirus is disease. susceptible to plum pox potyvirus, and known to exist in that country. Fourth, paragraph (b)(1) is currently to provide that, if the scion, interstem, We have determined that these silent with regard to grafted articles, or rootstock, or any other plant part of the paragraphs need to be both consolidated articles in which plant parts from one finished plant that is offered for and revised. A number of considerations plant are inserted into those of another importation belongs to a regulated have led us to this conclusion. First, plant for purposes of propagation. This taxon, the additional declaration in the although paragraph (b)(2) is intended to has led several importers to assume that phytosanitary certificate that apply solely to budwood of Prunus spp. grafted articles need only be accompanies the article must both list susceptible to plum pox potyvirus, the accompanied by a permit addressing the these plant parts and address the regulations do not specify this relevant diseases of the rootstock (the quarantine pests and related restrictions restriction, but, rather, refer simply to plant part selected for its roots), the associated with that taxon. species of Prunus. When we added the scion (the plant part selected for We would amend paragraph (b)(2) to provisions in this paragraph to the propagation), or interstem (an specify that it pertains only to budwood regulations in 1980, the only article for intermediate plant part grafted between of Prunus spp. susceptible to plum pox which Belgium, France, Germany, Great the rootstock and the scion). However, potyvirus and grown in Belgium, Britain, or the Netherlands sought it has long been PPQ’s policy that the France, Germany, Great Britain, or the importation into the United States was quarantine pest risk for a grafted article Netherlands under pest-exclusionary budwood produced in pest-exclusionary includes both pests of the rootstock and conditions within an APHIS-approved nurseries that were operated by the those of the scion and any interstem facility that is part of a nuclear stock NPPO of the respective country or that inserted between the rootstock and certification program. We would also participated in a fruit tree certification scion; this is because plant parts remain make nonsubstantive editorial changes program conducted by the NPPO of the hosts of plant pests particular to their to improve the paragraph’s clarity. country, and that had also been species even after these parts are In our proposed revision, paragraph approved by APHIS. Thus, at that time, grafted. (b)(3) of § 319.37–5 would establish the scope of the paragraph was clear to Finally, the list of plant diseases conditions for importation from Canada the regulated entities to which it found in paragraph (b)(3) of the section of restricted articles, except seed, of pertained. uses outdated taxonomy and does not Prunus spp. that are susceptible to plum However, since 1980, production of include several new quarantine pests of pox potyvirus. The conditions for Prunus spp. articles other than Malus spp., one quarantine pest of importation of the species would be budwood within those countries and Malus, Prunus, and Pyrus spp., and one those for the importation of Prunus spp. demand for such Prunus spp. articles quarantine pest of Prunus spp. that have that are not susceptible to plum pox within the United States have both been discovered in recent years. potyvirus—the species covered by our increased significantly. Accordingly, we would amend proposed revisions to paragraph (b)(1) of Correspondingly, the original intent and paragraph (b)(3) by adding entries for § 319.37–5—and one additional limited scope of the paragraph has apple fruit crinkle apscaviroid, apple condition: We would require that the become more difficult to understand dimple fruit apscaviroid, apple scar skin article be grown in an area that has been and apply. Hence, some importers have apscaviroid, Monilinia polystroma, and surveyed and found free of plum pox considered paragraphs (b)(1) and (b)(2) potyvirus according to a surveying to provide alternative conditions for the 2 Paragraph (b)(1) of § 319.37–5 does currently protocol mutually agreed upon by importation of Prunus spp. articles from regulate Prunus spp. for plum pox (=Sharka) APHIS and the NPPO of Canada. Belgium, France, Germany, Great potyvirus. However, as noted above, the restrictions Finally, because it is common for plants of this current paragraph do not address the risk Britain, or the Netherlands, while other that plum pox potyvirus could follow the pathway for planting to be produced in countries importers have considered paragraphs of Prunus spp. budwood or seed that is imported other than Canada and shipped to (b)(2) and (j)(1) to provide alternative into the United States. Canada for export to the United States,

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paragraph (b)(3) would specify that if additional declaration that the article Paragraph (k) of § 319.37–5 contains any plant part of an article of Prunus was grown in a greenhouse nursery in requirements for the importation of spp. susceptible to plum pox potyvirus Great Britain and found by the NPPO of restricted articles of Feijoa (feijoa, is not from Canada, but rather a third Great Britain to be free from injurious pineapple guava) from New Zealand. country, that article would have to meet plant diseases caused by Phialophora The term ‘‘Feijoa’’ is considered archaic the entry requirements of the subpart as cinerescens (Wr.) van Beyma, by the international taxonomic if the article had been directly imported (=Verticillium cinerescens Wr.), community. Therefore, to reflect current into the United States from that third carnation etched ring virus, carnation usage, we would remove the term from country. ‘‘streak’’ virus, and carnation ‘‘fleck’’ the regulations, and add ‘‘Acca We recognize that these conditions virus, based on visual examination of sellowiana (O. Berg) Burret’’ in its place. would be somewhat less restrictive than the parent stock, of the articles for Finally, we would amend paragraph the conditions for the importation of importation, and of the greenhouse (v) of § 319.37–5, which provides budwood that are contained in nursery in which the articles for conditions for the importation of plants paragraph (b)(2) of § 319.37–5. However, importation and the parent stock are from Israel, to make it clear that packing we consider less restrictive conditions grown, once a month for 4 consecutive material used for such plants must not to be warranted because, while plum months immediately prior to introduce pests of concern either to the pox potyvirus is known to be widely importation, and based on indexing of plants or in general. prevalent in Belgium, France, Germany, the parent stock. Great Britain, and the Netherlands, in The NPPO of the Netherlands Specific Treatment and Other Canada, plum pox potyvirus is only requested that we authorize importation Requirements (§ 319.37–6) known to exist in a relatively small area of Dianthus spp. from that country Section 319.37–6 lists treatment and within the Province of Ontario. under the same conditions provided for other requirements under which seeds, We would redesignate current Great Britain. In support of this request, bulbs, and dormant herbaceous paragraph (j)(1) as paragraph (b)(4)(i). the NPPO subsequently presented perennials of certain genera and species We would specify that the paragraph APHIS with information regarding the may be imported into the United States applies to Canada, as well as Belgium, diseases of Dianthus known to exist in from countries and localities in which a France, Germany, Great Britain, and the the Netherlands, the protocol under quarantine pest is known to be present. Netherlands. We would also make which they would certify greenhouse Currently, the section does not specify nonsubstantive editorial changes to the nurseries, and the manner in which that any articles of Dioscorea spp. (yam) paragraph to make its relation to Dianthus spp. articles within those must be treated for quarantine pests. paragraphs (b)(1) and (b)(2) clearer. nurseries would be visually examined However, if articles of Dioscorea spp. In a similar manner, we would and indexed for diseases of Dianthus. (including, but not limited to, dormant redesignate paragraph (j)(2) as paragraph Based on the information provided, herbaceous perennials, minisetts, and (b)(4)(ii), would add Argentina, Canada, APHIS has determined that the yam-setts) are not treated at the time of Chile, and Japan to the list of areas in quarantine pests of Dianthus known to their importation into the United States, which plum pox potyvirus is known to exist in the Netherlands are carnation they may present a pathway for the exist, and would make nonsubstantive etched ring virus, carnation ‘‘streak’’ dissemination of Aspiditosis hartii (yam editorial changes to the paragraph to virus, and carnation ‘‘fleck’’ virus, that scale), Palaeopus costicollis (yam improve its clarity. the certification protocol provides (We would amend the definition of oversight of greenhouses that is weevil), and several other external and the term from in § 319.37–1 to reflect adequate to ensure their ongoing internal feeders that are quarantine the provisions of proposed paragraph freedom from these pests, and that the pests. (b)(3) and these proposed procedures that the NPPO of the Because of these pest risks, we have redesignations.) Netherlands employs to examine and long required Dioscorea spp. plants for Finally, we are proposing to amend index articles are consistent with or planting to be treated according to the entries for Prunus spp. located in exceed those used by the NPPO of Great methyl bromide treatment schedule the table found within paragraph (a) of Britain. Accordingly, we have T202–d, found in the PPQ Treatment § 319.37–2 and to the entries for concluded that the certification Manual at http://www.aphis.usda.gov/ _ Chaenomeles, Cydonia, Malus, Prunus, protocols and procedures set forth by import export/plants/manuals/ports/ Pyrus, and Vitis spp. within the table in the NPPO of the Netherlands meet the treatment.shtml, in accordance with 7 paragraph (a) of § 319.37–7 to reflect provisions of § 319.37–5(d) and would CFR part 305. these revisions to paragraphs (b) and (j) mitigate the pest risk presented by Accordingly, we would amend of § 319.37–5. Dianthus spp. from the Netherlands. In § 319.37–6 to specify that Dioscorea accordance with this conclusion, we spp. (yam) plants for planting, Dianthus spp. from the Netherlands would amend paragraph (d) so that it including, but not limited to, dormant Restricted articles (except seed) of applies both to Great Britain and to the herbaceous perennials, minisetts, and Dianthus spp. (carnation, sweet- Netherlands. yam-setts from any country present a william) from Great Britain that are In a related matter, § 319.37–7(a) risk of disseminating internal and imported into the United States must be currently exempts Dianthus spp. external feeders, including but not grown under postentry quarantine imported from Great Britain under the limited to Aspiditosis hartii (yam scale) conditions in accordance with § 319.37– conditions of § 319.37–5(d) from and Palaeopus costicollis (yam weevil), 7 of the regulations, unless they are postentry quarantine requirements that into the United States, and to state that imported in accordance with paragraph otherwise apply to all Dianthus spp. such articles may be imported into the (d) of § 319.37–5. Paragraph (d) articles that are imported from countries United States only if they have been authorizes the importation of restricted other than Canada. We would amend treated in accordance with 7 CFR part articles (except seeds) of Dianthus spp. § 319.37–7(a) so that this exemption 305. from Great Britain, provided that the would extend to Dianthus spp. from the The PPQ Treatment Manual currently articles are accompanied by a Netherlands imported under the lists three exceptions to this phytosanitary certificate with an conditions of § 319.37–5(d), as well. requirement; we would codify these

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exceptions in § 319.37–6. The Kansas, and the Northern Mariana genus, the invoice or packing list would exceptions are: Islands. However, all States and also have to identify the species or • Dormant herbaceous perennials, Territories have in fact entered into cultivar of the articles. minisetts, and yam-setts of Dioscorea such an agreement. We would amend Arrival Notification (§ 319.37–11) spp. that are imported from Japan. Pests the paragraph accordingly. of yams that are of quarantine Paragraph (d) sets forth requirements Section 319.37–11 provides that, significance are not known to exist in for postentry quarantine growing promptly upon arrival of any restricted Japan. agreements. Among other requirements, article at a port of entry, the importer • Dormant herbaceous perennials, the agreement must certify to APHIS must notify PPQ of the arrival by such minisetts, and yam-setts of Dioscorea and to the State in which the articles means as a manifest, Customs entry spp. that are imported from the were grown that the signer of the document, commercial invoice, waybill, Dominican Republic into Puerto Rico. agreement will move, propagate, or a broker’s document, or a notice form Pests of yams that are of quarantine allow propagation of the article while it provided for that purpose. However, in significance and are known to exist in is under postentry quarantine only after 2002, most of inspection services at the Dominican Republic are also known having obtained written permission ports of entry were transferred from to exist in Puerto Rico. from PPQ to do so. However, the APHIS to United States Customs and • Dormant herbaceous perennials, address for PPQ provided in the section Border Protection of the Department of minisetts, and yam-setts of Dioscorea is out of date. Therefore, we would Homeland Security. Since this transfer, spp. (yam) that are imported from the amend the paragraph to list the current only certain restricted articles—those West Indies into the U.S. Virgin Islands. address. that must be accompanied by a permit Pests of yams that are of quarantine In addition, within the paragraph, and that would be listed in redesignated significance and are known to exist in subparagraph (d)(7) is currently written subparagraphs (a)(1) through (a)(11) of the West Indies are also known to exist in a manner that suggests that the signer § 319.37–3—have been inspected by in the U.S. Virgin Islands. of the agreement may move the articles PPQ at ports of entry. Therefore, we We would specify that all yam without written permission from PPQ would amend § 319.37–11 to clarify that dormant herbaceous perennials, once the time period for postentry notification of arrival is necessary only minisets, and yam-setts imported into quarantine specified within the section for those restricted articles. the United States, including those that has elapsed. This is not the case; the Executive Order 12866 and Regulatory would be exempted from methyl articles must remain under postentry Flexibility Act bromide treatment, would nonetheless quarantine conditions until the National be subject to inspection at the port of Postentry Quarantine Coordinator issues This proposed rule has been reviewed first arrival. a written release for the article. We under Executive Order 12866. The would therefore amend the paragraph proposed rule has been determined to Postentry Quarantine (§ 319.37–7) by adding a new subparagraph, (d)(8), be not significant for the purposes of As we mentioned earlier in this specifying that each agreement must Executive Order 12866 and, therefore, document, § 319.37–7 contains our certify that the person signing the has not been reviewed by the Office of regulations governing postentry agreement will keep the article under Management and Budget. quarantine of certain restricted articles. postentry quarantine until the In accordance with 5 U.S.C. 603, we Such articles may be imported into the coordinator issues such a release. have performed an initial regulatory United States only if they are destined flexibility analysis, which is for a State that has completed a Marking and Identity (§ 319.37–10) summarized below, regarding the postentry quarantine agreement with Section 319.37–10 provides marking economic effects of this proposed rule APHIS, if a postentry quarantine and identity requirements for restricted on small entities. Copies of the full growing agreement, signed by the articles. Paragraph (c) of the section analysis are available by contacting the importer, has been completed and requires restricted articles, other than person listed under FOR FURTHER submitted to PPQ, and if PPQ has those imported by mail, to be INFORMATION CONTACT or on the determined both that the growing accompanied by an invoice or packing Regulations.gov Web site (see agreement fulfills relevant requirements list indicating the contents of the ADDRESSES above for instructions for of § 319.37–7 and that State inspectors shipment at the time of importation or accessing Regulations.gov). are available to monitor and enforce the offer for importation into the United Based on the information we have, postentry quarantine. In addition to the States. there is no reason to conclude that changes to § 319.37–7 discussed in the We have discovered that term adoption of this proposed rule would sections above, we would make several ‘‘contents of the shipment’’ is somewhat result in any significant economic effect other changes to § 319.37–7. nebulous, and, as a result, invoices and on a substantial number of small Throughout the section, there are packing lists do not always provide the entities. However, we do not currently multiple references to PPQ’s Postentry information needed to readily identify have all of the data necessary for a Quarantine Unit. That unit no longer the articles or route the shipment for comprehensive analysis of the effects of exists, and the functions it performed inspection. Therefore, we would amend this proposed rule on small entities. are now carried out by PPQ’s National paragraph (c) so that the invoice or Therefore, we are inviting comments on Postentry Quarantine Coordinator. We packing list would have to indicate the potential effects. In particular, we are would amend the section to reflect this scientific names of the articles, at least interested in determining the number change. to the level of genus, and the quantity and kind of small entities that may Paragraph (c)(1)(i) of § 319.37–7 lists of plants for planting in the shipment. incur benefits or costs from the the States that have entered into a The quantity would have to be implementation of this proposed rule. postentry quarantine agreement with expressed in the number of plant units, In accordance with the Regulatory APHIS. Currently, the paragraph states or in the case of seeds, by weight in Flexibility Act, we have analyzed the that all U.S. States and Territories have grams or kilograms. Finally, when the potential economic effects of this action entered into such an agreement, except regulations place restrictions on on small entities. The analysis identifies the District of Columbia, Guam, Hawaii, individual species or cultivars within a importers and wholesale merchants of

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flowers, nursery stock, and florists’ 7 CFR Part 361 the above-ground parts of the plant have supplies, as well as wholesale Agricultural commodities, Imports, died back to the earth after the growing merchants of fresh fruits and vegetables, Labeling, Quarantine, Reporting and season and the plant remains dormant. as the small entities most likely to be recordkeeping requirements, Seeds, Examples include rhizomes, tubers, affected by this action. The analysis Vegetables, Weeds. tuberous roots, pips, fleshy roots, considers the losses that may occur due Accordingly, we propose to amend 7 divisions, and underground fleshy to relaxing restrictions on the CFR parts 319 and 361 as follows: growths. For purposes of this subpart, importation of certain plants for dormant herbaceous perennials remain planting into the United States, while PART 319—FOREIGN QUARANTINE dormant herbaceous perennials until strengthening or expanding the scope of NOTICES such time as environmental conditions certain other restrictions. The analysis induce them to sprout. They are then expects such losses to be relatively ■ 1. The authority citation for part 319 considered plants. minor and anticipates that they would continues to read as follows: * * * * * not substantively adversely impact Authority: 7 U.S.C. 450, 7701–7772, and Phytosanitary certificate of small entities. 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR inspection. A document, including Under these circumstances, the 2.22, 2.80, and 371.3. electronic versions, that is related to a Administrator of the Animal and Plant restricted article and is issued not more § 319.37 [Amended] Health Inspection Service has than 15 days prior to shipment of the ■ determined that this action would not 2. In § 319.37, in paragraph (b), the restricted article from the country in have a significant economic impact on final sentence is amended by removing which it was grown and that: a substantial number of small entities. the words ‘‘and the availability of (1) Is patterned after the model treatment facilities for the article’’ and Executive Order 12988 certificate of the International Plant adding the words ‘‘the availability of Protection Convention, a multilateral This rule has been reviewed under treatment facilities for the article, and convention on plant protection under Executive Order 12988, Civil Justice any other factors pertaining to the risk the authority of the Food and Reform. This rule: (1) Preempts all State that the article may present to plants, Agriculture Organization of the United and local laws and regulations that are plant parts, or plant products within the States (FAO); inconsistent with this rule; (2) has no United States that he or she considers (2) Is issued by an official of a foreign retroactive effect; and (3) does not necessary.’’ ■ national plant protection organization in require administrative proceedings 3. Section 319.37–1 is amended as one of the five official languages of the before parties may file suit in court follows: FAO; ■ a. In the definition of from, in challenging this rule. (3) Is addressed to the national plant paragraph (b), by adding the words ‘‘or protection organization of the United Paperwork Reduction Act an article whose importation into the States (Animal and Plant Health United States is not authorized pending This proposed rule contains no new Inspection Service); pest risk analysis’’ after the words information collection or recordkeeping (4) Describes the shipment; ‘‘prohibited article’’, and by removing requirements under the Paperwork (5) Certifies the place of origin for all the words ‘‘(c), (d), (e), (f), (g), (h), (i), Reduction Act of 1995 (44 U.S.C. 3501 contents of the shipment; et seq.). The information collection or (j), (k)’’ and adding the words ‘‘(b)(3), (6) Certifies that the shipment has recordkeeping requirements included in (b)(4), (c), (d), (e), (f), (g), (h), (i), (k)’’ in been inspected and/or tested according the regulations that would be amended their place; to appropriate official procedures and is ■ b. By revising the definitions of bulb by this proposed rule have been considered free from quarantine pests of and phytosanitary certificate of approved by the Office of Management the United States; and Budget (OMB) under OMB control inspection; and ■ (7) Contains any additional number 0579–0049. c. By adding, in alphabetical order, new definitions of Administrator and declarations required by this subpart; E-Government Act Compliance dormant herbaceous perennial. and (8) Certifies that the shipment The Animal and Plant Health The revisions and additions read as follows: conforms with the phytosanitary Inspection Service is committed to requirements of the United States and is compliance with the E-Government Act § 319.37–1 Definitions. considered eligible for importation to promote the use of the Internet and * * * * * pursuant to the laws and regulations of other information technologies, to Administrator. The Administrator of the United States. provide increased opportunities for the Animal and Plant Health Inspection * * * * * citizen access to Government Service (APHIS), or any person ■ 4. In § 319.37–2, in paragraph (a), the information and services, and for other authorized to act for the Administrator. table is amended as follows: purposes. For information pertinent to Bulb. The storage organ of a plant that ■ a. By removing the entries for E-Government Act compliance related serves as the plant’s sexual structure ‘‘Arikuryoba spp. (arikury palm)’’, to this rule, please contact Mrs. Celeste during dormancy. Examples include ‘‘Chrysalidocarpus spp. (butterfly Sickles, APHIS’ Information Collection bulbs, bulbils, bulblets, corms, and palm)’’, ‘‘Mahoberberis spp. (plants of Coordinator, at (301) 851–2908. cormels. For purposes of this subpart, a all species and horticultural varieties List of Subjects bulb remains a bulb until such time as not designated as resistant to black stem environmental conditions induce it to rust in accordance with § 301.38–1 of 7 CFR Part 319 produce shoots. It is then considered a this chapter)’’, ‘‘Mahoberberis spp. Coffee, Cotton, Fruits, Imports, Logs, plant. destined to an eradication State listed in Nursery stock, Plant diseases and pests, * * * * * § 301.38–2(a) of this chapter (plants of Quarantine, Reporting and Dormant herbaceous perennial. all species and horticultural varieties recordkeeping requirements, Rice, Except for bulbs, the portions of an designated as resistant to black stem Vegetables. herbaceous perennial that remain after rust in accordance with § 301.38–1 of

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this chapter)’’, ‘‘Mahoberberis spp. chapter),’’ by removing the word laurel, English laurel, nectarine, peach, seed’’, ‘‘Mahonia spp. (mahonia) (plants ‘‘(barberry)’’ and adding the words plum, prune) not meeting the conditions of all species and horticultural varieties ‘‘(barberry, includes Mahoberberis and for importation in § 319.37–5(b)’’ and not designated as resistant to black stem Mahonia spp.)’’ in its place; adding a new entry for ‘‘Prunus spp. not rust in accordance with § 301.38–1 of ■ e. In the entry for ‘‘Berberis spp. meeting the conditions for importation this chapter)’’, ‘‘Mahonia spp. (barberry) seed’’, by removing the word in § 319.37–5(b)’’ in its place; (mahonia) destined to an eradication ‘‘(barberry)’’ and adding the words ■ n. By removing the entry for ‘‘Prunus State listed in § 301.38–2(a) of this ‘‘(barberry, includes Mahoberberis and spp. seed only (almond, apricot, chapter (plants of all species and Mahonia spp.)’’ in its place; nectarine, peach, plum, and prune, but ■ horticultural varieties designated as f. By revising the entry for not species in subgenus Cerasus) not resistant to black stem rust in ‘‘Chaenomeles spp. (flowering quince) meeting the conditions for importation accordance with § 301.38–1 of this not meeting the conditions for in § 319.37–5(j)’’ and adding a new chapter)’’, ‘‘Mahonia spp. seed’’, and importation in § 319.37–5(b)’’; entry for ‘‘Prunus spp. seed only not ■ g. By revising the entry for ‘‘Neodypsis spp. (palm)’’; meeting the conditions for importation ■ b. In the entry for ‘‘Acer spp. (maple) ‘‘Chrysanthemum, spp. in § 319.37–5(b)’’ in its place; (except Acer palmatum and Acer (chrysanthemum, includes japonicum meeting the conditions for Dendranthema spp.)’’; ■ o. In the entry for ‘‘Salix spp. importation in § 319.37–5(m)’’, by ■ h. In the entry for ‘‘Cydonia spp. (willow)’’, by removing the words removing the words ‘‘in § 319.375(m)’’ (quince) not meeting the conditions for ‘‘Erwinia salicis (Day) Chester’’ and and adding the words ‘‘in §§ 319.37–5 importation in § 319.37–5(b)’’ by adding the words ‘‘Brenneria salicis or 319.37–7’’ in their place; removing the words ‘‘in § 319.37–5(b)’’ (Day) Hauben et al., syn. Erwinia salicis ■ c. In the entry for ‘‘Berberis spp. and adding the words ‘‘in §§ 319.37– (Day) Chester’’ in their place. (barberry) (plants of all species and 5(b) and 319.37–7’’ in their place; ■ p. By adding an entry for ‘‘Syagrus horticultural varieties not designated as ■ i. By adding an entry for ‘‘Dypsis spp. schizophylla (Mart.) Glassman (arikury resistant to black stem rust in (butterfly palm)’’; palm)’’; and accordance with § 301.38–1 of this ■ j. By revising the entry for ■ q. In the entry for ‘‘Vitis spp. (grape) chapter)’’, by removing the word ‘‘Leucanthemella serotina’’; not meeting the conditions for ‘‘(barberry)’’ and adding the words ■ k. In the entry for ‘‘Malus spp. (apple, importation in § 319.37–5(b),’’ by ‘‘(barberry, includes Mahoberberis and crabapple) not meeting the conditions removing the words ‘‘in § 319.37–5(b)’’ Mahonia spp.)’’ in its place; for importation in § 319.37–5(b)’’, by and adding the words ‘‘in §§ 319.37– ■ d. In the entry for ‘‘Berberis spp. removing the words ‘‘in § 319.37–5(b)’’ 5(b) and 319.37–7’’ in their place. (barberry) destined to an eradication and adding the words ‘‘in §§ 319.37– State listed in § 301.38–2a of this 5(b) and 319.37–7’’ in their place; The additions and revisions read as chapter (plants of all species and ■ l. By revising the entry for follows: horticultural varieties designated as ‘‘Nipponanthemum nipponicum’’; § 319.37–2 Prohibited articles. resistant to black stem rust in ■ m. By removing the entry for ‘‘Prunus accordance with § 301.38–1 of this spp. (almond, apricot, cherry, cherry (a) * * *

Quarantine pests existing in the places named Prohibited article (includes seeds only if spe- Foreign places from which prohibited and capable of being transported with the pro- cifically mentioned) hibited article

******* Chaenomeles spp. (flowering quince) not All A diversity of diseases including but not lim- meeting the conditions for importation in ited to those listed for Chaenomeles in §§ 319.37–5(b) and 319.37–7. § 319.37–5(b)(3). Chrysanthemum spp. (chrysanthemum, in- All Puccinia horiana P. Henn. (white rust of chrys- cludes Dendranthema spp.) not meeting the anthemum). conditions for importation in §§ 319.37–5(c) and 319.37–7.

******* Dypsis spp. (butterfly palm) ...... All A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- cadang disease.

******* Leucanthemella serotina not meeting the con- All Puccinia horiana P. Henn. (white rust of chrys- ditions for importation in §§ 319.37–5(c) and anthemum). 319.37–7.

******* Nipponanthemum nipponicum not meeting the All Puccinia horiana P. Henn. (white rust of chrys- conditions for importation in §§ 319.37–5(c) anthemum). and 319.37–7.

******* Prunus spp. not meeting the conditions for im- All A diversity of diseases including but not lim- portation in § 319.37–5(b). ited to those listed for Prunus in § 319.37– 5(b).

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Prunus spp. seed only not meeting the condi- All Plum pox (=Sharka) potyvirus. tions for importation in § 319.37–5(b).

******* Syagrus schizophylla (Mart.) Glassman All A diversity of diseases including but not lim- (arikury palm). ited to: Lethal yellowing disease; Cadang- cadang disease.

*******

* * * * * Service, Plant Protection and a hearing shall be held to resolve the ■ 5. In § 319.37–3, paragraphs (a), (b), Quarantine, 4700 River Road Unit 136, conflict. and (d) are revised to read as follows: Riverdale, MD 20737–1236) at least 30 * * * * * days prior to the arrival of the article at § 319.37–3 Permits. 6. Section 319.37–4 is amended as the port of entry. The completed follows: (a) * * * application must contain the following a. By revising paragraph (a) (1) Lots of 13 or more articles (other information: 4 than seeds of herbaceous plants, introductory text; (1) Name, address, and telephone precleared bulbs or dormant herbaceous b. In paragraph (a)(4), by removing the number of the importer; perennials of a taxon approved by word ‘‘Bulbs’’ and adding the words APHIS for preclearance, or sterile (2) Approximate quantity and kinds ‘‘Small packages of bulbs offered to cultures of orchid plants) from any (botanical designations) of articles travelers returning’’ in its place, and by country or locality except Canada; intended to be imported; adding the word ‘‘within’’ before the (2) Seeds of non-herbaceous plants, (3) Country(ies) or locality(ies) where words ‘‘6 weeks after the issuance’’; and such as trees and shrubs, from any grown; c. In paragraph (b), by removing the country or locality except Canada; (4) Intended United States port of words ‘‘may be sampled and inspected’’ (3) Articles subject to the entry; and adding the words ‘‘must be requirements of § 319.37–5; (5) Means of transportation, e.g., mail, presented for inspection’’ in their place. (4) Articles subject to the postentry airmail, express, air express, freight, The revision reads as follows: quarantine conditions of § 319.37–7; airfreight, or baggage; and (5) Small lots of seed imported in § 319.37–4 Inspection, treatment, and (6) Expected date of arrival. phytosanitary certificates of inspection. accordance with § 319.37–4(d) of this subpart; * * * * * (a) Phytosanitary certificates of (6) Articles subject to treatment and (d) Any permit which has been issued inspection. Any restricted article offered other requirements of § 319.37–6; may be withdrawn by an inspector or for importation into the United States (7) Seed of herbaceous plants for the Administrator if he or she must be accompanied by a planting that is coated, pelleted, or determines that the holder of the permit phytosanitary certificate, unless the embedded in a substrate that obscures has not complied with any condition for article is explicitly exempted from this visibility; the use of the document. The reasons for requirement in the paragraphs below. (8) Articles (except seeds) of Malus the withdrawal will be confirmed in The phytosanitary certificate must spp. (apple, crabapple), Pyrus spp. writing as promptly as circumstances identify the genus of the article it (pear), Prunus spp., Cydonia spp. permit. Any person whose permit has accompanies. When the regulations in (quince), Chaenomeles spp. (flowering been withdrawn may appeal the this subpart place restrictions on quince), Rubus spp. (cloudberry, decision in writing to the Administrator individual species or cultivars within a blackberry, boysenberry, dewberry, within 10 days after receiving the genus, the phytosanitary certificate must loganberry, raspberry), and Vitis spp. written notification of the withdrawal. also identify the species or cultivar of (grape) from Canada; The appeal must state all of the facts the article it accompanies. If the plant (9) Articles (except seeds) of Fraxinus and reasons on which the person relies is grafted, budded, or otherwise spp. (ash) from counties or municipal to show that the permit was wrongfully contains interpolated plant parts, the regional counties in Canada that are not withdrawn. The Administrator will phytosanitary certificate must list the regulated for emerald ash borer (EAB) grant or deny the appeal, in writing, identity of any plant parts (e.g., scion, but that are within an EAB-regulated stating the reasons for the decision as rootstock, or interstem) that belong to Province or Territory and are not promptly as circumstances permit. If restricted taxa to the lowest regulated prohibited under § 317.37–2; there is a conflict as to any material fact, taxon, e.g., genus, species, or cultivar. (10) Articles (except seeds) of Pinus Otherwise, identification of the species spp. from Canada; and 4 Application forms are available without charge is strongly preferred, but not required. (11) Solanum tuberosum true seed from the Animal and Plant Health Inspection Intergeneric and interspecific hybrids from New Zealand and the X region of Service, Plant Protection and Quarantine, 4700 must be designated by placing the ° River Road Unit 136, Riverdale, MD 20737–1236, or × Chile (that area of Chile between 39 from local offices, which are listed in telephone multiplication sign ‘‘ ’’ between the and 44° South latitude—see § 317.37– directories. Application forms are also available names of the parent taxa. If the hybrid 5(o)); online at the following Web site: http:// is named, the multiplication sign may (b) An application for a written permit www.aphis.usda.gov/plant_health/permits/http:// instead be placed before the name of an www.aphis.usda.gov/plant_health/permits/ should be submitted to the Plant index.shtml. Please note that this Internet site intergeneric hybrid or before the epithet Protection and Quarantine Programs requires persons to establish an eAuthentication in the name of an interspecific hybrid. (Animal and Plant Health Inspection account prior to use. Phytosanitary certificates are not

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required to accompany the following within 12 months preceding issuance of taxon, the additional declaration must restricted articles: the certificate and found free from address the quarantine pests and related * * * * * potato cyst nematodes, Globodera restrictions associated with that taxon. ■ 7. Section 319.37–5 is amended as rostochiensis (Woll.) Behrens and G. The additional declaration must list all follows: pallida (Stone) Behrens; or plant parts of regulated taxa that have ■ a. By revising paragraphs (a), (b), and (2) That the article has been grown been incorporated into the finished (c); within a secure environment in a plant. ■ b. In paragraph (d), by adding the production area that is free of potato (2) Budwood of Prunus spp. words ‘‘or the Netherlands’’ after the cyst nematodes, in a soilless growing susceptible to plum pox (=Sharka) words ‘‘Great Britain’’ each time they medium, or in vitro, and has never been potyvirus (species other than P. avium, occur; grown in soil nor come in contact with P. cerasus, P. effusa, P. laurocerasus, P. ■ c. By removing and reserving soil. mahaleb, P. padus, P. sargentii, P. paragraph (j); (b)(1) Any of the following restricted serotina, P. serrula, P. serrulata, P. ■ d. In paragraph (k), by removing the articles (except seeds) at the time of subhirtella, P. yedoensis, and P. word ‘‘Feijoa’’ and adding the words arrival at the port of first arrival in the virginiana) and grown in Belgium, ‘‘Acca sellowiana (O. Berg) Burret’’ in United States must be accompanied by France, Germany, Great Britain, or the its place; a phytosanitary certificate that contains Netherlands may be imported into the ■ e. In paragraph (m), by adding the an additional declaration that the article United States only if is accompanied by words ‘‘, and unless the article is subject was grown in a nursery in Belgium, a phytosanitary certificate with an to the postentry quarantine Canada, France, Germany, Great Britain, additional declaration that the original requirements of § 319.37–7(a)’’ at the or the Netherlands and that the article parent stock (nuclear stock) has been end of the sentence; and was found by the national plant indexed and found free of pathogens (i), ■ f. In paragraph (v)(4)(iv), by removing protection organization of the country in (ix) through (xvii), (xxii), (xlvii), and the words ‘‘to the plants’’. which the article was grown to be free (xlviii) of paragraph (b)(5) of this section The revisions read as follows: of the following injurious plant by the appropriate national fruit tree pathogens listed in paragraph (b)(5) of certification program, and only if the § 319.37–5 Special foreign inspection and this section: For Chaenomeles spp. original parent stock from which the certification requirements. (flowering quince) and Cydonia spp. budwood is taken is produced within a (a) Any restricted article (except (quince), pathogens (i), (ii), (iv), (xviii), secure, enclosed, APHIS-approved pest- seeds, unrooted cuttings, and articles (xix), (xx), and (xxi); for Malus spp. exclusionary facility within a national declared solely for food, analytical, or (apple, crabapple), pathogens (i), (ii), plan protection organization-operated or manufacturing purposes) from Albania, (iii), (vi), (vii), (viii), (viii), (xxii), (xxiii), -approved nuclear stock program where Algeria, Argentina, Armenia, Australia, (xliv), (xlv), (xlvi), and (xlvii); for the parent stock is maintained in a Austria, Azerbaijan, Azores, Belarus, Prunus spp. not susceptible to plum pox pathogen-free state. Belgium, Bolivia, Bulgaria, Canada (all (=Sharka) potyvirus (P. avium, P. (3) Restricted articles, except seed, of areas regulated by the national plant cerasus, P. effusa, P. laurocerasus, P. Prunus spp. susceptible to plum pox protection organization of Canada for mahaleb, P. padus, P. sargentii, P. (=Sharka) potyvirus (species other than potato cyst nematodes), Channel serotina, P. serrula, P. serrulata, P. P. avium, P. cerasus, P. effusa, P. Islands, Chile, Columbia, Costa Rica, subhirtella, P. yedoensis, and P. laurocerasus, P. mahaleb, P. padus, P. Crete, Croatia, Cyprus, Czech Republic, virginiana), pathogens (i), (x) through sargentii, P. serotina, P. serrula, P. Denmark (including Faeroe Islands), (xvii), (xxii), and (xlvii); for Pyrus spp. serrulata, P. subhirtella, P. yedoensis, Ecuador, Egypt, Estonia, Falkland (pear), pathogens (i), (ii), (iv), (v), (xviii), and P. virginiana) from Canada must be Islands, Finland, France, Georgia, (xix), (xx), (xlvii), and (xlviii); and for accompanied by a phytosanitary Germany, Great Britain, Greece, Vitis spp. (grape) from Canada, certificate that contains an additional Guernsey, Hungary, Iceland, India, pathogens (xiv) through (xvii) and (xxiv) declaration that the article was grown in Indonesia, Ireland, Italy, Japan, Jersey, through (xliii). The determination by the a nursery in Canada, that the article was Jordan, Kazakhstan, Kyrgyzstan, Latvia, national plant protection organization found by the national plant protection Lebanon, Libya, Liechtenstein, that the article is free of these pathogens organization of Canada to be free of the Lithuania, Luxembourg, Malta, Mexico, will be based on visual examination and following injurious plant pathogens Republic of Moldova, Morocco, the indexing of the parent stock of the listed in paragraph (b)(5) of this section: Netherlands, New Zealand, Northern article and inspection of the nursery (i), (ix) through (xvii), (xxii), (xlvii), and Ireland, Norway, Pakistan, Panama, where the restricted article is grown to (xlviii), and that the article was grown Peru, the Philippines, Poland, Portugal determine that the nursery is free of the in an area that has been surveyed and (including Madeira), Romania, Russian specified pathogens. An additional found free of plum pox (=Sharka) Federation, Serbia and Montenegro, declaration on the phytosanitary potyvirus according to a surveying Sierra Leone, Slovakia, Slovenia, South certificate of inspection by the national protocol mutually agreed upon by Africa, Spain (including Canary Islands plant protection organization that a APHIS and the national plant protection and Mallorca), Sri Lanka, Sweden, pathogen does not occur in the country organization of Canada. The Switzerland, Tajikistan, Tunisia, in which the article is grown may be determination by the national plant Turkey, Turkmenistan, Ukraine, used in lieu of visual examination and protection organization of Canada that Uzbekistan, and Venezuela must be indexing of the parent stock for that the article is free of these pathogens will accompanied by a phytosanitary pathogen and inspection of the nursery. be based on visual examination and certificate of inspection with an Finally, for articles containing more indexing of the parent stock of the additional declaration either: than one plant part (e.g., grafted or article and inspection of the nursery (1) That the article was grown on land budded plants), if the scion, interstem, where the restricted article is grown to or in a substrate which has been rootstock, or any other plant part of the determine that the nursery is free of the microscopically inspected by the finished plant that is offered for specified pathogens. An additional national plant protection organization of importation belongs to a taxon listed declaration on the phytosanitary the country in which it was grown within this paragraph as a regulated certificate of inspection by the national

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plant protection organization of Canada (vi) Diaporthe mali Bres. (Leaf, (xxxviii) Xanthomonas ampelina that a pathogen does not occur in branch, and fruit fungus). Panagopoulas. Canada may be used in lieu of visual (vii) Apple green crinkle agent (Apple (xxxix) Peyronellaea glomerata examination and indexing of the parent false sting virus). Ciferri. stock for that pathogen and inspection (viii) Apple chat fruit agent (Apple (xl) Pseudopeziza tracheiphila of the nursery. Finally, if any part of the small fruit). Muller-Thur-gau. article is not from Canada, but rather (ix) Plum pox (=Sharka) potyvirus and (xli) Rhacodiella vitis Sterenberg. its strains. from a third country, that article must (xlii) Rosellinia necatrix Prill. meet the entry requirements of this (x) Cherry leaf roll nepovirus (Elm mosaic virus, golden elderberry virus). (xliii) Septoria melanosa (Vialla and subpart as if the article had been Ravav) Elenk. directly imported into the United States (xi) European cherry rusty mottle (xliv) Apple fruit crinkle apscaviroid. from that third country. virus. (4)(i) Seeds of Prunus spp. susceptible (xii) European stone fruit yellows (xlv) Apple dimple fruit apscaviroid. to plum pox (=Sharka) potyvirus phytoplasma (Apricot chlorotic leaf roll (xlvi) Apple scar skin apscaviroid. (species other than P. avium, P. cerasus, agent). (xlvii) Monilinia polystroma. (xiii) Plum bark split trichovirus. P. effusa, P. laurocerasus, P. mahaleb, P. (xlviii) Apricot pseudo-chlorotic leaf (xiv) Arabis mosaic nepovirus and its padus, P. sargentii, P. serotina, P. spot trichovirus. strains. (c) Any restricted article (except serrula, P. serrulata, P. subhirtella, P. (xv) Raspberry ringspot nepovirus seeds) of Chrysanthemum spp. yedoensis, and P. virginiana) from (European cherry rasp leaf) and its (chrysanthemum, includes Belgium, Canada, France, Germany, strains. Great Britain, or the Netherlands shall, (xvi) Tomato blackring nepovirus Dendranthema spp.), Leucanthemella at the time of arrival at the port of first (Myrobalan latent ringspot, peach shoot serotina, or Nipponathemum arrival at the United States, be stunting) and its strains. nipponicum, from a foreign place except accompanied by a phytosanitary (xvii) Strawberry latent ringspot Asia, Europe, South America, Australia, certificate of inspection containing sadwavirus (Peach willow leaf rosette, Mexico, New Zealand, Oceania accurate additional declarations that: Court noue) and its strains. (Melanesia, Micronesia, and Polynesia), (A) The seeds are from parent stock (xviii) Quince sooty ringspot agent. Republic of South Africa, and Tunisia grown in a nursery in Belgium, Canada, (xix) Quince yellow blotch agent (Pear shall, at the time of arrival at the port France, Germany, Great Britain, or the yellow blotch agent, Apple rubbery of first arrival in the United States, be Netherlands that is free of plum pox wood phytoplasma). accompanied by a phytosanitary (=Sharka) potyvirus; and (xx) Quince stunt agent. certificate of inspection. The (B) The seeds have been found by the (xxi) Gymnosporangium asiaticum phytosanitary certificate of inspection national plant protection organization of Miyabe ex. Yamada (Rust). must contain a declaration that the the country in which they are produced (xxii) Valsa mali Miyabe and Yamada article was grown in a greenhouse to be free of plum pox (=Sharka) ex. Miura (Branch canker fungus). nursery and found by the national plant potyvirus based on the testing of parent (xxiii) Apple ringspot agent (Apple protection organization of the country in stock by visual examination and thumb mark, Thumb mark, Apple which the article was grown to be free indexing. Henderson spot agent). of white rust of chrysanthemum (caused (ii) Seeds of Prunus spp. susceptible (xxiv) The following nematode by the by the rust fungus Puccinia to plum pox (=Sharka) potyvirus transmitted viruses: Artichoke Italian horiana P. Henn.) based on visual (species other than P. avium, P. cerasus, latent virus, Grapevine Bulgarian latent examination of parent stock, the articles P. effusa, P. laurocerasus, P. mahaleb, P. virus, Grapevine fanleaf virus and its for importation, and the greenhouse padus, P. sargentii, P. serotina, P. strains, and Hungarian chrome mosaic nursery in which the articles for serrula, P. serrulata, P. subhirtella, P. virus. importation and the parent stock were yedoensis, and P. virginiana) from all (xxv) Grapevine asteroid mosaic grown, once a month for 4 consecutive countries except those in Europe, agent. months immediately prior to Argentina, Canada, Chile, Cyprus, (xxvi) Grapevine Bratislava mosaic importation. Such articles are also Japan, Syria, and Turkey shall, at the virus. subject to the postentry quarantine time of arrival at the port of first arrival, (xxvii) Grapevine chasselas latent requirements of § 319.37–7. be accompanied by a phytosanitary agent. * * * * * (xxviii) Grapevine corky bark ‘‘Legno certificate of inspection, containing an ■ 8. Section 319.37–6 is amended as riccio’’ agent. accurate additional declaration that follows: plum pox (=Sharka) potyvirus does not (xxix) Grapevine leaf roll viruses. (xxx) Grapevine little leaf agent. ■ a. In paragraph (a), in the table, by occur in the country in which the seeds (xxxi) Grapevine stem pitting agent. adding an entry for ‘‘Dioscorea spp. were produced. (xxxii) Grapevine vein mosaic agent. (yam) plants for planting, including, but (5) List of pathogens. (xxxiii) Grapevine vein necrosis agent. not limited to, dormant herbaceous (i) Monilinia fructigena (Aderh. & (xxxiv) Flavescence-doree perennials, minisetts, and yam-setts’’; Ruhl.) Honey (Brown rot of fruit). phytoplasma. and (ii) Guignardia piricola (Nose) (xxxv) Black wood phytoplasma (bois- ■ b. By adding a new paragraph (e). Yamomoto (Leaf, branch, and fruit noir). The additions read as follows: disease). (xxxvi) Grapevine infectious necrosis (iii) Apple proliferation phytoplasma. bacterium. § 319.37–6 Specific treatment and other (iv) Pear blister canker apscaviroid. (xxxvii) Grapevine yellows disease requirements. (v) Pear bud drop virus. bacterium. (a) * * *

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Seed/Bulb Country/Locality Pest(s) for which treatment is required

******* Dioscorea spp. (yam) plants for planting, in- All countries, except as provided in para- A diversity of internal and external feeders, including, but not limited to, dormant herba- graphs (e)(1) through (e)(3) of this section. cluding but not limited to: Aspiditosis hartii ceous perennials, minisetts, and yam-setts. (yam scale) and Palaeopus costicollis (yam weevil).

*******

* * * * * (maple)’’, ‘‘Chaenomeles spp. (flowering sweet-william)’’, by adding the words (e) Dioscorea spp. (yam) plants for quince) meeting the conditions for ‘‘and the Netherlands’’ after the words planting, including, but not limited to, importation in § 319.37–5(b)’’, ‘‘Great Britain’’; dormant herbaceous perennials, ‘‘Chrysanthemum spp. ■ d. In paragraph (c)(1)(i), by removing minisetts, and yam-setts, may be (chrysanthemum, includes the words ‘‘, except the District of imported into the United States without Dendranthema spp.), meeting the Columbia, Guam, Hawaii, Kansas, and being treated in accordance with part conditions in § 319.37–5(c)’’, ‘‘Cydonia the Northern Mariana Islands’’; 305 of this chapter if: spp. (quince) meeting the conditions for (1) They are imported from Japan. importation in § 319.37–5(b)’’, ■ e. In paragraph (d)(1), by removing the (2) They are imported from the ‘‘Leucanthemella serotina’’, ‘‘Malus spp. words ‘‘Building 580, BARC-East, Dominican Republic into Puerto Rico. (apple, crabapple) meeting the Beltsville, MD 20705’’ and adding the (3) They are imported from the West conditions for importation in § 319.37– words ‘‘4700 River Road, Unit 133 Indies into the U.S. Virgin Islands. 5(b)’’, ‘‘Nipponanthemum nipponicum’’, Riverdale, MD 20737–1236’’ in their ■ 9. Section 319.37–7 is amended as ‘‘Prunus spp. (almond, apricot, cherry, place; and follows: cherry laurel, English laurel, nectarine, ■ f. By adding a new paragraph (d)(8). ■ a. By removing the words ‘‘Postentry peach, plum, prune) meeting the The revisions and additions read as Quarantine Unit’’ wherever they occur conditions for importation in § 319.37– follows: and adding the words ‘‘National 5(b)’’, and ‘‘Pyrus spp. (pear) meeting Postentry Quarantine Coordinator’’ in the conditions for importation in § 319.37–7 Postentry quarantine. their place; § 319.37–5(b)’’; ■ b. In paragraph (a)(3), in the table, by ■ c. In paragraph (a)(3), in the table, in (a) * * * revising the entries for ‘‘Acer spp. the entry for ‘‘Dianthus spp. (carnation, (3) * * *

Restricted Article (excluding seeds) Foreign Country(ies) or Locality(ies) from which imported

******* Acer spp. (maple) ...... All except Canada, Europe (except the Netherlands in accordance with § 319.37–5(m)), and Japan.

******* Chaenomeles spp. (flowering quince) meeting the conditions for impor- All countries listed in § 319.37–5(b). tation in § 319.37–5(b). Chrysanthemum spp. (chrysanthemum), includes Dendranthema spp.), All except Asia, Europe, South America, Australia, Mexico, New Zea- meeting the conditions for importation in § 319.37–5. land, Oceania (Melanesia, Micronesia, and Polynesia), Republic of South Africa, and Tunisia.

******* Cydonia spp. (quince) meeting the conditions for importation in All countries listed in § 319.37–5(b). § 319.37–5(b).

******* Leucanthemella serotina meeting the conditions for importation in All except Asia, Europe, South America, Australia, Mexico, New Zea- § 319.37–5. land, Oceania (Melanesia, Micronesia, and Polynesia), Republic of South Africa, and Tunisia.

******* Malus spp. (apple, crabapple) meeting the conditions for importation in All countries listed in § 319.37–5(b). § 319.37–5(b).

******* Nipponathemum nipponicum meeting the conditions for importation in All except Asia, Europe, South America, Australia, Mexico, New Zea- § 319.37–5. land, Oceania (Melanesia, Micronesia, and Polynesia), Republic of South Africa, and Tunisia.

******* Prunus spp. meeting the conditions for importation in § 319.37–5(b) ..... All countries listed in § 319.37–5(b).

VerDate Mar<15>2010 19:07 Feb 11, 2013 Jkt 229001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\12FEP1.SGM 12FEP1 pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Proposed Rules 9865

Restricted Article (excluding seeds) Foreign Country(ies) or Locality(ies) from which imported

******* Pyrus spp. (pear) meeting the conditions for importation in § 319.37– All countries listed in § 319.37–5(b). 5(b).

* * * * * addition to the restrictions of § 319.37– DATES: The comment period for the (d) * * * 3(a)(7),’’ before the words ‘‘coated or NPRM published on November 13, 2012 (8) To keep the article under postentry pelleted seed’’, and by adding the words (77 FR 67584), was scheduled to close quarantine conditions until the National ‘‘, or seed that is embedded in a on February 11, 2013, and is extended Postentry Quarantine Coordinator issues substrate that obscures visibility’’ after until March 13, 2013. a written release for the article. the words ‘‘coated or pelleted seed’’. ADDRESSES: You may send comments * * * * * Done in Washington, DC, this 6th day of identified by docket number FAA– § 319.37–8 [Amended] February 2013. 2011–1136 using any of the following ■ 10. In § 319.37–8, paragraph (b)(2) is Kevin Shea, methods: amended by removing the words Acting Administrator, Animal and Plant 1. Federal eRulemaking Portal: Go to ‘‘Newfoundland or from that portion of Health Inspection Service. http://www.regulations.gov and follow the Municipality of Central Saanich in [FR Doc. 2013–03058 Filed 2–11–13; 8:45 am] the online instructions for sending your the Province of British Columbia east of BILLING CODE 3410–34–P comments electronically. the West Saanich Road’’ and adding the 2. Mail: Send comments to Docket words ‘‘all areas of Canada regulated by Operations, M–30; U.S. Department of the national plant protection DEPARTMENT OF TRANSPORTATION Transportation (DOT), 1200 New Jersey organization of Canada for potato cyst Avenue SE., Room W12–140, West nematode’’ in their place. Federal Aviation Administration Building Ground Floor, Washington, DC ■ 11. In § 319.37–10, paragraph (c) is 20590–0001. revised to read as set forth below. 14 CFR Parts 121 and 135 3. Hand Delivery or Courier: Take comments to Docket Operations in § 319.37–10 Marking and identity. [Docket No. FAA–2011–1136; Notice No. 12– Room W12–140 of the West Building * * * * * 07] Ground Floor at 1200 New Jersey (c) Any restricted article for RIN 2120–AJ33 Avenue SE., Washington, DC, between 9 importation (by mail or otherwise), at a.m. and 5 p.m., Monday through the time of importation or offer for Air Carrier Contract Maintenance Friday, except Federal holidays. importation into the United States shall Requirements; Extension of Comment 4. Fax: Fax comments to Docket be accompanied by an invoice or Period packing list indicating the scientific Operations at 202–493–2251. Privacy: The FAA will post all names of the articles, at least to the level AGENCY: Federal Aviation comments it receives, without change, of genus, and the quantity of plants for Administration (FAA), DOT. planting in the shipment. Quantity must to http://www.regulations.gov, including ACTION: Notice of proposed rulemaking any personal information the be expressed in the number of plant (NPRM); extension of comment period. units, or in the case of seeds, by weight commenter provides. Using the search in grams or kilograms. Finally, when the SUMMARY: This action extends the function of the docket Web site, anyone regulations in this subpart place comment period for an NPRM that was can find and read the electronic form of restrictions on individual species or published November 13, 2012. In that all comments received into any FAA cultivars within a genus, the invoice or rulemaking, the FAA proposed to docket, including the name of the packing list must also identify the amend the maintenance regulations for individual sending the comment (or species or cultivar of the articles. domestic, flag, and supplemental signing the comment for an association, business, labor union, etc.). DOT’s * * * * * operations, and commuter and on- demand operations for aircraft type complete Privacy Act Statement can be § 319.37–11 [Amended] certificated with a passenger seating found in the Federal Register published ■ 12. Section 319.37–11 is amended by configuration of 10 seats or more on April 11, 2000 (65 FR 19477–19478), adding the words ‘‘that must be (excluding any pilot seat). It would as well as at http://DocketsInfo.dot.gov. accompanied by a permit in accordance require these operators to develop Docket: Background documents or with paragraphs (a)(1) through (a)(11) of policies, procedures, methods, and comments received may be read at § 319.37–3’’ after the words ‘‘restricted instructions for performing contract http://www.regulations.gov at any time. article’’. maintenance that are acceptable to the Follow the online instructions for FAA and to include them in their accessing the docket or Docket PART 361—IMPORTATION OF SEED maintenance manuals. It would also Operations in Room W12–140 of the AND SCREENINGS UNDER THE require the operators to provide a list to West Building Ground Floor at 1200 FEDERAL SEED ACT the FAA of all persons with whom they New Jersey Avenue SE., Washington, ■ 13. The authority citation for part 361 contract their maintenance. At the DC, between 9 a.m. and 5 p.m., Monday continues to read as follows: behest of several of their FAA- through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Authority: 7 U.S.C. 1581–1610; 7 CFR 2.22, certificated air carrier members, 2.80, and 371.3. Regional Air Cargo Carriers Association Ralen Gao, Office of Rulemaking, (RACCA) requested that the FAA extend Federal Aviation Administration, 800 § 361.2 [Amended] the comment period closing date to Independence Avenue SW., ■ 14. In § 361.2, paragraph (d) is allow time to adequately analyze the Washington, DC 20591, telephone (202) amended by adding the words ‘‘and in NPRM and prepare comments. 267–3168; email [email protected].

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