Rules and Regulations Federal Register Vol

50039

Rules and Regulations Federal Register Vol. 68, No. 161

Wednesday, August 20, 2003

This section of the FEDERAL REGISTER regulations contained in ‘‘Subpart— Germplasm Resources Information contains regulatory documents having general Nursery Stock, Plants, Roots, Bulbs, Network indicates that the nippon daisy applicability and legal effect, most of which Seeds, and Other Plant Products,’’ and the giant daisy are still assigned to are keyed to and codified in the Code of §§ 319.37 through 319.37–14 (referred to Nipponanthemum nipponicum and Federal Regulations, which is published under below as the regulations), restrict, Leucanthemella serotina, respectively. 50 titles pursuant to 44 U.S.C. 1510. among other things, the importation of Therefore, in this final rule, we have The Code of Federal Regulations is sold by living plants, plant parts, and seeds for added these two species to the list of the Superintendent of Documents. Prices of propagation. prohibited articles in § 319.37–2, the list new books are listed in the first FEDERAL On December 28, 2001, we published of articles eligible to be imported under REGISTER issue of each week. in the Federal Register (66 FR 67123– the restrictions in § 319.37–5(c), and the 67134, Docket No. 98–062–1) a proposal list of articles subject to postentry to amend the regulations to require quarantine in § 319.37–7. DEPARTMENT OF AGRICULTURE additional certifications for imported We will continue to list niger seed and lilac, to reflect changes Dendranthema spp. in the regulations Animal and Plant Health Inspection in plant taxonomy and pest because Dendranthema is widely used Service distributions, and to make various as a synonym for Chrysanthemum changes to the requirements for among importers. 7 CFR Parts 300 and 319 postentry quarantine of imported plants. Treatments Performed Outside the We also proposed several other [Docket No. 98–062–2] United States amendments to update and clarify the RIN 0579–AB23 regulations and improve their We proposed to require that effectiveness. treatments performed outside the Update of Nursery Stock Regulations We solicited comments concerning United States be monitored and certified AGENCY: Animal and Plant Health our proposal for 60 days ending by an APHIS inspector or an official of Inspection Service, USDA. February 26, 2002. We received 15 the plant protection service of the country exporting the regulated articles ACTION: Final rule. comments by that date. They were from import treatment firms and to the United States. We further SUMMARY: We are amending the representatives of State and foreign proposed to require, in cases where an regulations for importing nursery stock governments. Their concerns are official of the exporting country to require additional certifications for discussed below by topic. monitors and certifies treatment, that imported niger seed and lilac, to reflect the official issue a phytosanitary Changes in Taxonomy changes in plant taxonomy and pest certificate that includes a declaration distributions, and to make various Comment: Although some years ago that the regulated articles have been changes to the requirements for botanists proposed transferring certain treated in accordance with the Plant postentry quarantine of imported plants. species in Chyrsanthemum to Protection and Quarantine (PPQ) We are also making several other Dendranthema, the International Treatment Manual. changes to update and clarify the Botanical Congress, which sets the Comment: The requirement that regulations and improve their standards for botanical nomenclature, treatments performed outside the effectiveness. This action is necessary to has accepted the proposal that these United States be certified as having been update the existing regulations and species again be included in performed ‘‘in accordance with the make them easier to understand and Chrysanthemum. Notice of this change Plant Protection and Quarantine implement. was published in: Brummitt, D. (1997) Treatment Manual’’ is prejudicial to the ‘‘Chrysanthemum once again,’’ Garden principle of equivalence, as enumerated DATES: This regulation is effective (London) 122 (9), 662–663; Royal in the World Trade Organization (WTO) September 19, 2003. The incorporation Botanic Gardens, Kew, Richmond, Agreement on the Application of by reference of the material described in Surrey, UK. The Animal and Plant Sanitary and Phytosanitary Measures the rule is approved by the Director of Health Inspection Service (APHIS) and the International Plant Protection the Federal Register as of September 19, should withdraw its proposal to transfer Convention’s Guidelines for 2003. species from Chrysanthemum to other Phytosanitary Certificates. Wording FOR FURTHER INFORMATION CONTACT: Mr. genera to reflect this information. such as ‘‘Treatments must be conducted William Thomas, Import Specialist, Response: We agree that the changes in accordance with the Plant Protection Phytosanitary Issues Management Team, in taxonomy in the proposed rule were and Quarantine Treatment Manual or by PPQ, APHIS, 4700 River Road Unit 140, based on outdated information, and data using a method providing an equivalent Riverdale, MD 20737–1236; (301) 734– from the Germplasm Resources level of phytosanitary protection’’ 5214. Information Network of the Agricultural would be preferred. SUPPLEMENTARY INFORMATION: Research Service supports this Response: The WTO agreement commenter’s assertion. Therefore, under referred to by the commenter states that Background this final rule, all but two of the plant differing phytosanitary measures shall The regulations in 7 CFR part 319 species we had proposed to transfer to be considered equivalent ‘‘if the prohibit or restrict the importation of the genera Ajania, Dendranthema, exporting Member objectively certain plants and plant products into Leucanthemella, and Nipponanthemum demonstrates to the importing Member the United States to prevent the will continue to be referred to as that its measures achieve the importing introduction of plant pests. The Chrysanthemum spp. However, the Member’s appropriate level of sanitary

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or phytosanitary protection.’’ If a Response: The commenters did not Netherlands. We proposed to allow the country exporting to the United States provide any specific information to soil in which the lilacs are grown to be requests that APHIS recognize its support their claims regarding certified free of viruliferous nematodes phytosanitary treatments as equivalent inadequate oversight at foreign facilities and other plant pests by the plant to those in the PPQ Treatment Manual, that treat niger seed. However, if we protection service of the Netherlands. APHIS will evaluate the exporting find that oversight is inadequate at any For this certification to be valid, we country’s phytosanitary treatments facility that treats niger seed outside the would require that the soil be sampled according to the above principle and United States, we have the option of and microscopically inspected by the amend the regulations to declare rescinding the written agreement that plant protection service of the equivalence if the evidence warrants it. allows that facility to treat niger seed for Netherlands within 12 months In the absence of such a request, APHIS export to the United States. As noted preceding the issuance of the will require that treatments performed previously, APHIS inspectors will have certification. outside the United States be performed the option of visiting treatment facilities Comment: It is highly unlikely that in accordance with the PPQ Treatment outside the United States to ensure that requiring that the soil in which lilacs Manual. the treatment prescribed for niger seed from the Netherlands are grown be is being performed properly. Niger seed Treatment of Niger Seed sampled and microscopically inspected treated outside the United States will be would be an adequate risk mitigation We proposed to amend the sampled and inspected when it enters measure for nematode infestation. It is regulations to allow niger seed to be the United States to ensure that it is free well documented that air-dried golden imported into the United States if it is of seeds of noxious weeds at the same nematode cysts can remain viable for heat treated prior to shipment to the rate as niger seed treated within the several years and that practical and United States in accordance with the United States is sampled and inspected technical limitations can drastically PPQ Treatment Manual at a facility that to ensure that it is free of noxious reduce the detection efficacy of soil has been approved by APHIS. The weeds. We believe that the oversight sampling and processing when cyst facility would be required to operate in provided by APHIS and the plant populations are low. The proposal is compliance with a written agreement protection service of the exporting also inconsistent with the golden with the plant protection service of the country, coupled with sampling and nematode regulations in APHIS’ exporting country, in which the inspection at the port of entry, will be domestic quarantine notices (7 CFR treatment facility owner agrees to (1) adequate to determine whether niger 301.85(b)), which restrict the interstate comply with the applicable APHIS seed treatment facilities outside the regulations and treatment requirements movement of specified regulated articles United States are operating in within the United States, including soil. and (2) allow APHIS inspectors and accordance with the requirements of the representatives of the plant protection APHIS should consider restricting the regulations. importation of plants grown in field soil service of the exporting country access Comment: Importing niger seed from the Netherlands and all other to the treatment facility as necessary to treated at facilities outside the United countries infested with potato cyst monitor compliance with the States and allowing it to be sold directly nematodes (Globodera rostochiensis and regulations. to import customers will make tracking G. pallida) unless plants are grown in Comment: Facilities outside the the movement of imported niger seed greenhouses on raised benches in a United States should not be allowed to within the United States difficult. If treat niger seed for export to the United noxious weeds were to enter the country growing medium approved under States because their lower labor costs along with niger seed treated outside the § 319.37–8(e)(1). and ability to sell directly to importing United States, it would be difficult to Response: Under § 319.37–5(a), customers give them a competitive determine their origin. APHIS currently requires a soil- advantage over U.S. treatment facilities. Response: Once niger seed enters the sampling regimen similar to that which This would result in a loss of jobs and country and has been released from the we describe for lilacs to be undertaken business at niger seed treatment port of entry following inspection, it by the plant protection service of the facilities in the United States. may move freely within the country. Netherlands to ensure that other Response: The objective of our Restricting its movement when there is products, notably bulbs, from the regulatory restrictions on niger seed is no evidence indicating a risk of noxious Netherlands are not grown in soil to ensure that noxious weeds do not weed infestation would constitute an infested with nematodes. This enter the United States via imports. unwarranted restraint of trade. paragraph states: ‘‘Any restricted article APHIS has determined that allowing * * * from a country listed below [of facilities outside the United States to Treatment of Lilac from the Netherlands which the Netherlands is one], at the treat niger seed before it is imported to The regulations at § 319.37–5(i) time of arrival at the port of first arrival the United States would provide the prohibit the importation of plants of the in the United States shall be same degree of protection against genus Syringa (lilac) from the accompanied by a phytosanitary noxious weed entry as allowing Netherlands unless, at the time of certificate of inspection which shall facilities inside the United States to arrival in the United States, the contain an accurate additional treat niger seed after it has been phytosanitary certificate accompanying declaration that such article was grown imported. the plants contains a declaration on land which had been sampled and Comment: Facilities that treat niger stipulating that, among other microscopically inspected by the plant seed outside the United States lack requirements, the plants were grown in protection service of the country in adequate oversight to ensure safety. soil that was fumigated with methyl which grown within 12 months Sampling procedures used to verify the bromide according to certain conditions. preceding issuance of the certificate and efficacy of treatment may not be The Government of the Netherlands has found free from * * * Globodera properly implemented by these requested that APHIS provide an rostochiensis (Woll.) Behrens and G. facilities. APHIS inspectors should alternative to treating the soil with pallida.’’ This requirement has enforce PPQ Treatment Manual methyl bromide, since the use of methyl successfully prevented the introduction standards at the facilities in question. bromide is no longer permitted in the of nematodes associated with

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infestations on bulbs from the ‘‘plant parasitic nematodes’’ where this postentry quarantine be kept 3 meters Netherlands into the United States. is the intended meaning. apart is adequate to prevent the spread Like bulbs, lilacs from the Response: We agree that ‘‘plant of relatively immobile pests like Netherlands are imported without soil, parasitic nematodes’’ is a more accurate nematodes, but does not protect thus limiting possible sites for nematode term than ‘‘viruliferous nematodes’’ and adequately against the spread of insect- cyst infestation to the roots of the plants have changed the regulatory text in this vectored pathogens and insect pests. themselves. Additionally, the lilacs will document accordingly. The majority of plant genera should be required to be grown in a screenhouse be screened for nematode cysts at plant Peanut Stripe Virus inspection stations at ports of entry in or enclosed greenhouse during the United States. If nematode cysts The regulations in § 319.37–2(a) postentry quarantine. were found on lilacs from the prohibit the importation of seeds of the Response: We believe that the Netherlands at a plant inspection genus Arachis (peanut) from India, requirements we proposed will protect station, the lilacs would be denied Indonesia, Japan, the People’s Republic domestic plants. While requiring many entry. Given the facts discussed above, of China, the Philippines, Taiwan, and or most plants to be grown in a we believe requiring that the soil be Thailand due to the existence of peanut screenhouse or enclosed greenhouse sampled and inspected annually will stripe virus in those regions. We may provide additional protection adequately mitigate the risk of a proposed removing the prohibition on against disease transmission, such a potential potato cyst nematode the importation of peanuts from all of change to the regulations would require introduction. those regions except India because the careful evaluation and would also Comment: The proposal gives no peanut stripe virus is now reported to warrant the solicitation of comments consideration for the potential for occur in seven of the nine peanut- from interested and affected parties. infestation by other endoparasitic plant producing States in the United States, Therefore, we cannot address this pathogenic nematodes that were likely and is widely prevalent in two of those comment in the present rule. We may kept under control by fumigation. States (Georgia and Virginia). consider such a proposal in the future. Comment: Allowing peanut seeds to Response: We are not aware of any be imported from Asia could allow Miscellaneous Comments other plant pathogenic nematodes from insect pests that are not known to occur Comment: The description of the area the Netherlands that are of concern to in the United States but cause serious of Canada regulated for potato cyst us. If such nematodes are brought to our damage to peanut seed and other oilseed nematodes differs in § 319.37–5(a) and attention, we will address the problem crops in Asia and Africa, such as § 319.37–8(b). This discrepancy needs to in a separate rule. Elasmolomus pallens, to enter the be clarified. Comment: The proposed 12-month United States. The proposed rule does Response: On September 18, 1992, we sampling period is dangerously long not address this issue. published in the Federal Register (57 and might allow for re-infestation by Response: In response to this FR 43134–43151) a final rule that, plant parasitic nematodes. A 30-day comment, we are withdrawing this among other things, amended § 319.37– sampling period would substantially portion of the proposed rule. We plan to 8(b) to update the description of the area decrease this risk. conduct a full risk assessment on on Vancouver Island in which potato Response: The 12-month sampling importing peanut seed from Asia to cyst nematodes occur. This change was period is a general standard for soil determine the risk such imports might based on information supplied by the sampling for golden nematodes, as present to U.S. peanut and oilseed national plant protection organization of expressed in § 319.37–5(a). The stock. Canada. At the time, we should have Netherlands is one of the countries updated the description of the same area whose restricted nursery stock articles Postentry Quarantine Regulations that appears in § 319.37–5(a), but we are regulated under § 319.37–5(a), and The regulations in § 319.37–7(d)(4) failed to do so. Therefore, in this final the 12-month sampling period has been have required that restricted articles that rule, we are changing the description of effective in preventing the introduction are grown in postentry quarantine be the area in which potato cyst nematodes of nematodes due to infestations on kept at least 3 meters (approximately 10 occur in § 319.37–5(a) to match the products other than lilacs. We believe feet) apart from: (1) Any domestic plant description found in § 319.37–8(b). that the 12-month sampling period will or plant product of the same genus and Comment: The regulations currently be adequate to guard against the (2) any other imported plant or plant prohibit the importation in growing introduction of the golden nematode product. media of all plants produced in those due to infestation on lilacs imported We proposed to require that restricted regions of Canada that are regulated for from the Netherlands as well. articles that are grown in postentry potato cyst nematodes into the United Comment: The term ‘‘viruliferous quarantine be kept at least 3 meters States. APHIS should amend its nematodes,’’ as used in paragraph two apart from any other plant or plant regulations to provide for the of the proposed rule’s ‘‘Treatment of the product, whether domestic or imported, importation from those regions of plants Lilac’’ section, could be misleading. The regardless of genus, unless the plants or produced in growth chambers and in term as used here is likely intended to plant products: (1) Are of the same artificial growing media. designate a virulent organism, one genus, (2) enter postentry quarantine Response: We are currently preparing capable of infecting and reproducing on together, and (3) arrived together in a a proposed rule that addresses this a plant. If this is the case, ‘‘viruliferous single shipment from a foreign region. issue. nematodes’’ could refer to all plant This change would protect against the Comment: The regulations in parasitic nematodes. However, among possibility that pests could spread from § 319.37–2 prohibit the importation of nematologists and plant virologists, the one shipment of plants under postentry Rosa spp. from Australia, Bulgaria, Italy, widely accepted, more restricted usage quarantine to other plants or plant and New Zealand because of rose wilt for the word ‘‘viruliferous’’ would refer products, regardless of genera, that virus, and postentry quarantine is to a nematode species capable of could host such pests. required by § 319.37–6 for Rosa spp. vectoring a plant virus. To avoid Comment: The current requirement from all other countries for the same confusion, APHIS should substitute that restricted articles that are grown in reason. Rose wilt is an undefined and

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likely nonexistent agent, and should not effectiveness. The potential effects of conditions due to the Netherlands’ be the subject of regulations. the changes proposed in this document request for an alternative to the use of Response: We are planning a risk are discussed below, by topic. methyl bromide as a fumigant of soil for assessment for roses to evaluate rose lilac to be exported to the United States. Treatment of Niger Seed wilt and other diseases. We cannot This change should have no effect on address this issue in the present rule. We are amending the regulations to the volume of lilac imported from the Comment: APHIS should consider allow niger seed to be imported into the Netherlands, since it simply provides a regulating Phytophthora ramorum from United States if it is treated at a new mechanism for Dutch exporters to Europe, Pseudomonas avellana from treatment facility that has been ship lilac without fumigating the soil in Europe and Asia, and Anisogramma approved by APHIS. Under this which it is grown and, therefore, should anomola from Canada. amendment, niger seed can be treated: have no effect on U.S. entities, whether Response: APHIS is preparing (1) At the time of arrival at the port of small or large. regulations regarding the importation of first arrival in the United States or (2) Phytophthora ramorum hosts from prior to shipment to the United States Mango Seeds From the British Virgin Europe. We are also considering at a treatment facility that has been Islands, Grenada, Trinidad and Tobago, whether to take separate action on approved by APHIS. Previously, the and St. Vincent and the Grenadines Pseudomonas avellana and regulations in § 319.37–6(d) stated that This rule prohibits the importation of Anisogramma anomola. We are unable imported niger seed must be heat mango seeds from the British Virgin to address these pests in this rule as treated upon arrival in the United Islands, Grenada, Trinidad and Tobago, they are beyond the scope of the States. and St. Vincent and the Grenadines due This change could potentially affect proposed rule. to the risk of introducing the mango U.S. firms that import and treat niger Comment: APHIS should consider a seed weevil, Sternochetus mangiferae, seed. The treatment firms could suffer a complete overhaul of its nursery stock into the United States. This change loss in revenue, but we believe that regulations. should have little or no effect on U.S. there are only two such firms in the Response: We are considering consumers, importers, or producers, due United States, and at least one of those whether to make major changes in our to the fact that the United States has firms is not small in size according to nursery stock regulations. If we decide historically imported a very small Small Business Administration (SBA) to make such changes, we will publish volume of mangoes and mango seeds criteria. It is likely that the other a separate rule to give the public an from those countries. Between treatment firm, whose size is unknown, opportunity to comment on those September 1, 1997, and May 31, 1998, will not be significantly affected, changes. the value of U.S. imports of fresh Therefore, for the reasons given in the because niger seed treatment likely mangoes (with seeds intact) from proposed rule and in this document, we accounts for only a small portion of the Trinidad and Tobago and Grenada was are adopting the proposed rule as a final firm’s overall revenues. However, since approximately $20,000, or rule, with the changes discussed in this we are unable to estimate the amount of approximately 1 percent of the value of document. niger seed that would be treated prior to U.S. fresh mango imports from all shipment to the United States, we Executive Order 12866 and Regulatory countries combined during that period. cannot determine the effect this rule Flexibility Act During the same period, the United will have on domestic firms that treat States imported no mangoes or mango This final rule has been reviewed niger seed. under Executive Order 12866. The rule As a group, importers in the United seeds from St. Vincent and the has been determined to be not States will likely be unaffected by this Grenadines. Data on imports of mango significant for the purposes of Executive change, since it is not likely to affect the seeds or fruit from the British Virgin Order 12866 and, therefore, has not overall volume of niger seed imported Islands are not available. Furthermore, been reviewed by the Office of into the United States. However, this the United States imported no seeds, Management and Budget. change could result in new marketing fruit, or spores for propagation from In accordance with 5 U.S.C. 604, we and distribution channels that could Trinidad and Tobago in 1997. have performed a final regulatory benefit some importers at the expense of Willow From Belgium and Japan flexibility analysis, which is set out others. We estimate that there are fewer below, regarding the economic effects of than 20 importers of niger seed in the This rule prohibits the importation of this rule on small entities. United States. However, data on the willow plants and plant parts from Under the Plant Protection Act (7 importers’ size are not available, Belgium and Japan due to the risk of U.S.C. 7701–7772), the Secretary of although we expect at least some of the introducing the watermark disease of Agriculture is authorized to regulate the importers are likely to be small willow into the United States. importation of plants, plant products, according to SBA criteria. The United States has historically and other articles to prevent the We are also amending the heat imported a very small volume of willow introduction of plant pests and noxious treatment schedule for imported niger plants and plant parts from Belgium and weeds. seed. However, since the amendment to Japan. The value of live trees and plants, We are amending the regulations for the treatment schedule only involves a including willow plants, imported into importing nursery stock to require change in the required treatment the United States from Belgium and additional certifications for imported temperature, and no change in the type Japan in 1997 totaled only $3 million, niger seed and lilac, to reflect changes or duration of the treatment, we or less than 1 percent of the value of in plant taxonomy and pest anticipate that existing treatment U.S. live tree and plant imports from all distributions, and to make various facilities will not be affected by that countries combined that year. Since changes to the requirements for change. willow plants compose only a small postentry quarantine of imported plants. fraction of the plants imported from We are also making several other Lilac From the Netherlands Belgium and Japan, this change should amendments to update and clarify the This rule allows the importation of have little or no effect on U.S. regulations and improve their lilac from the Netherlands under new consumers, importers, or producers.

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Citrus Seeds From Gabon and Iran on U.S. consumers, producers, or of submitting information or transacting This rule requires that seeds of all importers. business electronically to the maximum species of the plant family Rutaceae This rule also adds stockosorb extent possible. For information (citrus) from Gabon and Iran be treated superabsorbent polymer to the list of pertinent to GPEA compliance related to for citrus canker upon arrival in the approved packing material. We cannot this rule, please contact Mrs. Celeste United States. This change should have determine what entities could be Sickles, APHIS’ Information Collection no effect on U.S. consumers, producers, affected by this change, but we believe Coordinator, at (301) 734–7477. that it will not likely have a significant or importers, since imports of Rutaceae List of Subjects (citrus) from the two affected countries economic effect on any U.S. entities. 7 CFR Part 300 are nonexistent. Trade data for 1995 to List of Ports of Entry 1997 show no U.S. imports of citrus This rule amends the regulations to Incorporation by reference, Plant fruit (fresh or dried) or seeds, fruit, or diseases and pests, Quarantine. spores for propagation from either of the reflect that the port of El Paso, TX, no two regions. longer operates as a Federal plant 7 CFR Part 319 inspection station. This port no longer Bees, Coffee, Cotton, Fruits, Honey, Growing Requirements for Hops operates as a plant inspection station Imports, Incorporation by reference, This rule requires that imported hops because it does not have the capacity to Nursery stock, Plant diseases and pests, plants and plant parts be grown and perform treatments and provide the Quarantine, Reporting and observed in postentry quarantine in an other services that are needed at Federal recordkeeping requirements, Rice, isolated growth chamber for 6 months, plant inspection stations. We believe Vegetables. and then transferred to a greenhouse to that this change will not have any ■ be grown for an additional year. significant impact on any U.S. entities, Accordingly, we are amending 7 CFR Researchers and universities comprise whether small or large. parts 300 and 319 as follows: the overwhelming bulk of entities in the Other Changes PART 300—INCORPORATION BY United States that grow imported hop REFERENCE plants and plant parts. This change We are also making several other should have little or no effect on amendments to the regulations, ■ 1. The authority citation for part 300 researchers, since most already have the including changes in plant taxonomy, continues to read as follows: equipment and facilities to comply with postentry quarantine protocol, labeling requirements, and risk assessment Authority: 7 U.S.C. 7701–7772; 7 CFR 2.22, the rule’s requirements. Accordingly, for 2.80, and 371.3. most of the affected entities, the cost to policy, as well as other editorial comply with the requirements will be changes, which will not have any ■ 2. In § 300.1, paragraph (a) is amended minimal. economic effects on U.S. entities, as follows: whether small or large. ■ a. In paragraph (a)(6), by removing the Commercial Shipments of Bulbs This final rule contains information word ‘‘and’’. This rule allows the importation of collection requirements, which have ■ b. In paragraph (a)(7), by removing the bulbs of the genera Crocosmia, been approved by the Office of period and adding a semicolon in its Gladiolus, and Watsonia in commercial Management and Budget (see place. shipments from Brazil, France, Italy, ‘‘Paperwork Reduction Act’’ below). ■ c. By adding new paragraphs (a)(8) and Malta, Mauritius, and Portugal. (a)(9) to read as follows: In 1998, the United States imported Executive Order 12988 over $175 million worth of bulbs and This final rule has been reviewed § 300.1 Plant Protection and Quarantine tubers. Imports from Brazil, France, under Executive Order 12988, Civil Treatment Manual. Italy, Malta, Mauritius, and Portugal Justice Reform. This rule: (1) Preempts (a) * * * together accounted for less than 1 all State and local laws and regulations (8) Treatment T412–a, dated July percent of the total bulb and tuber that are inconsistent with this rule; (2) 2003; and imports. Data on potential imports of has no retroactive effect; and (3) does (9) Dry Heat Treatment Facilities for bulbs that would result from this change not require administrative proceedings Niger (Guizotia abyssinica), dated July are not available. However, given the before parties may file suit in court 2003. export history of the countries affected, challenging this rule. * * * * * it is unlikely that this change will have Paperwork Reduction Act a significant impact on domestic bulb PART 319—FOREIGN QUARANTINE producers or bulb importers. In accordance with the Paperwork NOTICES Reduction Act of 1995 (44 U.S.C. 3501 ■ Additional Approved Growing Media et seq.), the information collection or 3. The authority citation for part 319 is and Packing Material recordkeeping requirements included in revised to read as follows: This rule adds stockosorb this rule have been approved by the Authority: 7 U.S.C. 450 and 7701–7772; 21 superabsorbent polymer, zeolite, coir, Office of Management and Budget U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and and coal cinder to the list of growing (OMB) under OMB control number 371.3. media approved for the importation of 0579–0190. ■ 4. In § 319.37–2(a), the table is certain plants. amended as follows: This change is not expected to result Government Paperwork Elimination ■ a. By adding, in alphabetical order, in increased U.S. imports of plants in Act Compliance entries for ‘‘Brugmansia spp.’’, growing media; the expected result is a The Animal and Plant Health ‘‘Crocosmia spp. (montebredia), except redistribution of the existing volume of Inspection Service is committed to bulbs in commercial shipments’’, plant imports among a larger number of compliance with the Government ‘‘Datura spp. (woody species),’’ approved growing media. Accordingly, Paperwork Elimination Act (GPEA), ‘‘Gladiolus spp. (gladiolus), except bulbs the addition of these types of growing which requires government agencies in in commercial shipments’’, media should have no economic effect general to provide the public the option ‘‘Leucanthemella serotina’’,

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‘‘Nipponanthemum nipponicum’’, and articles are included under Fabaceae)’’, ash)’’, and ‘‘Watsonia spp. (bugle lily)’’ ‘‘Watsonia spp. (bugle lily), except bulbs ‘‘Blighia sapida (akee)’’, ‘‘Crocosmia to read as set forth below. in commercial shipments’’ to read as set spp. (montebretia)’’, ‘‘Datura spp.’’, ■ c. In the entry for ‘‘Hydragea spp.’’, by forth below. ‘‘Gladiolus spp. (gladiolus)’’, ‘‘Jasminum correcting the word ‘‘Hydragea’’ to read ■ b. By revising the entries for spp. (jasmine)’’, ‘‘Mangifera spp. ‘‘Hydrangea’’. ‘‘Abelmoschus spp. (okra)’’, ‘‘Aesculus (mango) seed only’’, ‘‘Salix spp. § 319.37–2 Prohibited articles. spp. (horsechestnut)’’, ‘‘Arachis spp. (willow)’’, ‘‘Sorbus spp. (mountain (peanut) seed only (all other Arachis (a) * * *

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

Abelmoschus spp. (okra) ...... Africa ...... Cotton leaf curl agent. Brazil ...... Cotton Anthocyanosis agent. Bangladesh, India, Sri Lanka ...... Bhendi yellow vein mosaic agent. Cote d’Ivoire, Nigeria ...... Okra mosaic virus. Iraq ...... Okra yellow leaf curl agent. Papua New Guinea, Trinidad and Tobago ...... Okra mosaic agents.

******* Aesculus spp. (horsechestnut) ... Czech Republic, Germany, Romania, Slovakia, United Kingdom Horsechestnut variegation or yellow mosaic diseases.

******* Arachis spp. (peanut) seed only India, Indonesia, Japan, People’s Republic of China, Phil- Peanut stripe virus. (all other Arachis articles are ippines, Taiwan, Thailand. included under Fabaceae). Burkina Faso, Cote d’Ivoire, Senegal India ...... Peanut clump virus. Indian peanut clump virus.

******* Blighia sapida (akee) ...... Cote d’Ivoire, Nigeria ...... Okra mosaic virus.

******* Brugmansia spp...... Colombia ...... Datura Columbia virus.

******* Crocosmia spp. (montebretia) .... Africa ...... Puccinia mccleanii Doidge (rust), Uredo gladioli-buettneri Bub. (rust), Uromyces gladioli P. Henn. (rust), U. nyikensis Syd. (rust). Argentina, Uruguay ...... U. gladioli P. Henn. (rust). Crocosmia spp. (montebretia), Africa, Brazil, France, Italy, Malta, Mauritius, Portugal ...... U. transversalis (Thuem.) Wint. (rust). except bulbs in commercial shipments.

******* Datura spp...... India ...... Datura distortion or enation mosaic virus. Datura spp. (woody species) ...... (See Brugmansia spp.).

******* Gladiolus spp. (gladiolus) ...... Africa ...... Puccinia mccleanii Doidge (rust), Uredo gladioli-buettneri Bub. (rust), Uromyces gladioli P. Henn. (rust), U. nyikensis Syd. (rust). Argentina, Uruguay ...... U. gladioli P. Henn. (rust). Gladiolus spp. (gladiolus), except Africa, Brazil, France, Italy, Malta, Mauritius, Portugal ...... U. transversalis (Thuem.) Wint. (rust). bulbs in commercial shipments.

******* Jasminum spp. (jasmine) ...... Belgium, Germany, Great Britain ...... Jasmine variegation diseases. India ...... Chlorotic ringspot, phyllody, yellow ring mosaic diseases. Philippines ...... Sampaguita yellow ringspot mosaic diseases.

******* Leucanthemella serotina ...... Argentina, Brazil, Canary Islands, Chile, Colombia, Europe, Re- Puccina horiana P. Henn. (white rust of public of South Africa, Uruguay, Venezuela, and all countries, chrysanthemum). territories, and possessions of countries located in part or entirely between 90° and 180° east longitude.

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******* Mangifera spp. (mango) seed All except Guimaras Island (Republic of the Philippines) and Sternochetus mangiferae F. (mango seed only. (Prohibition not applica- North and South America (excluding Barbados, the British Vir- weevil). ble to seeds imported into gin Islands, Dominica, French Guiana, Grenada, Guadeloupe, Guam, Hawaii, and the North- Martinique, St. Lucia, St. Vincent and the Grenadines, and ern Mariana Islands). Trinidad and Tobago).

******* Nipponanthemum nipponicum .... Argentina, Brazil, Canary Islands, Chile, Colombia, Europe, Re- Puccina horiana P. Henn. (white rust of public of South Africa, Uruguay, Venezuela, and all countries, chrysanthemum). territories, and possessions of countries located in part or entirely between 90° and 180° east longitude.

******* Salix spp. (willow) ...... Belgium, Germany, Great Britain, Japan, and the Netherlands ... Erwinia salicis (Day) Chester (Watermark disease).

******* Sorbus spp. (mountain ash) ...... Czech Republic, Denmark, Germany, Slovakia ...... Mountain ash variegation or ringspot mosaic disease.

******* Watsonia spp. (bugle lily) ...... Africa ...... Puccinia mccleanii Doidge (rust), Uredo gladioli-buettneri Bub. (rust), Uromyces gladioli P. Henn. (rust), U. nyikensis Syd. (rust). Argentina, Uruguay ...... U. gladioli P. Henn. (rust). Watsonia spp. (bugle lily), except Africa, Brazil, France, Italy, Malta, Mauritius, Portugal ...... U. transversalis (Thuem.) Wint. (rust). bulbs in commercial shipments.

*******

* * * * * ‘‘This shipment of greenhouse-grown identification number assigned to the ■ 5. In § 319.37–4, paragraph (c) is plants meets the import requirements of grower by the Plant Health and amended as follows: the United States, and is believed to be Production Division, CFIA, and the ■ a. By revising the introductory text to free from injurious plant pests. Issued following certification statement: ‘‘This read as set forth below. by Plant Health and Production shipment of greenhouse grown plants ■ b. By revising the introductory text of Division, Canadian Food Inspection meets the import requirements of the paragraph (c)(1) to read as set forth Agency.’’ The Plant Health and United States and is believed to be free below. Production Division, CFIA, shall also from injurious plant pests. Issued by ■ c. By revising paragraph (c)(1)(iv) to ensure that the label is placed on the Plant Health and Production Division, read as set forth below. airway bill, bill of lading, or delivery Canadian Food inspection Agency.’’; ■ d. By revising paragraph (c)(2) to read ticket accompanying each shipment of and as set forth below. articles; and (iii) Use pest control practices * * * * * approved by Plant Protection and § 319.37–4 Inspection, treatment, and Quarantine and the Plant Health and phytosanitary certificates of inspection. (2) Each greenhouse grower Production Division of CFIA to exclude * * * * * participating in the program shall enter into an agreement with the Plant Health pests from the greenhouses. (c) Greenhouse-grown plants from ■ 6. Section 319.37–5 is amended as Canada. A greenhouse-grown restricted and Production Division of CFIA in which the grower agrees to: follows: plant may be imported from Canada if ■ a. In paragraph (a), by removing the (i) Maintain records of the kinds and the Plant Health and Production words ’’, and the Land District of South quantities of plants grown in their Division of the Canadian Food Saanich on Vancouver Island in British greenhouses, including the date of Inspection Agency (CFIA) signs a Columbia’’ and adding the words ‘‘and receipt and place of origin of the plants; written agreement with the Animal and that portion of the Municipality of keep the records for at least 1 year after Plant Health Inspection Service Central Saanich in the Province of the plants are shipped to the United allowing such importation, and British Columbia east of the West States; and make the records available provided that the following conditions Saanich Road’’ in their place. are met: for review and copying upon request by ■ b. By revising paragraphs (c) and (i) to (1) The Plant Health and Production either the Plant Health and Production read as set forth below. Division of CFIA shall: Division of CFIA or an authorized (i) * * * representative of the Secretary of § 319.37–5 Special foreign inspection and (iv) Issue labels to each grower Agriculture; certification requirements. participating in the program. The labels (ii) Apply to an airway bill, bill of * * * * * issued to each grower shall bear a lading, or delivery ticket for plants to be (c) Any restricted article (except unique number identifying that grower, shipped to the United States a label seeds) of Chrysanthemum spp. and shall bear the following statement: issued by CFIA that includes the (chrysanthemum), Dendranthema spp.

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(chrysanthemum), Leucanthemella (1) Fumigated soil (fumigated by to the treatment facility as necessary to serotina, or Nipponanthemum applying 400 to 870 pounds of methyl monitor compliance with the nipponicum, from any foreign place bromide per acre and covering the soil regulations. Treatments must be except Europe, Argentina, Brazil, with a tarpaulin for 7 days) in a field at certified in accordance with the Canada, the Canary Islands, Chile, least 3 meters from the nearest conditions described in § 319.37–13(c). Colombia, the Republic of South Africa, nonindexed Syringa spp. (lilac), or * * * * * Uruguay, Venezuela, and all countries (2) Soil that has been sampled and ■ 8. Section 319.37–7 is amended as and localities located in part or entirely microscopically inspected by the plant follows: between 90° and 180° east longitude protection service of the Netherlands ■ a. In the table in paragraph (a)(3), by shall, at the time of arrival at the port within 12 months preceding issuance of adding, in alphabetical order, entries for of first arrival in United States, be the phytosanitary certificate and that ‘‘Brugmansia spp.’’, ‘‘Datura spp. accompanied by a phytosanitary has been found free of the plant (woody species)’’, ‘‘Leucanthemella certificate of inspection. The parasitic nematodes capable of serotina’’, and ‘‘Nipponanthemum phytosanitary certificate of inspection transmitting European nepoviruses, nipponicum’’ to read as set forth below. must contain a declaration that such including, but not limited to, the Arabis ■ b. In the table in paragraph (a)(3), by mosaic nepovirus. article was grown in a greenhouse revising the entries for ‘‘Aesculus spp.’’, nursery and found by the plant * * * * * ‘‘Blighia sapida’’, ‘‘Datura spp.’’, ‘‘Ribes ■ protection service of the country in 7. Section 319.37–6 is amended as spp.’’, and ‘‘Salix spp.’’ to read as set which grown to be free from white rust follows: ■ forth below. of chrysanthemum (caused by the rust a. By revising paragraph (d) to read as ■ c. In paragraph (b), by removing the fungus Puccinia horiana P. Henn.) set forth below. entry for ‘‘Phoenix—date’’. ■ b. In paragraph (e), by removing the based on visual examination of the ■ d. By revising paragraph (c)(1)(i) to words ‘‘Burma,’’ and ‘‘Ivory Coast,’’ and parent stock, the articles for read as set forth below and by adding and by adding, in alphabetical order, the importation, and the greenhouse reserving paragraph (c)(1)(ii). words ‘‘Cote d’Ivoire,’’ ‘‘Gabon,’’ ‘‘Iran,’’ ■ nursery in which the articles for and ‘‘Myanmar,’’. e. In paragraph (c)(2)(iv), by removing importation and the parent stock were the words ‘‘now know’’ and adding the grown, once a month for 4 consecutive § 319.37–6 Specific treatment and other words ‘‘not known’’ in their place. months immediately prior to requirements. ■ f. In paragraph (d)(1), by removing the importation. * * * * * words ‘‘of an inspector and only to the * * * * * (d) Seeds of Guizotia abyssinica (niger extent prescribed by the inspector;’’ and seed) are allowed entry only if: adding the words ‘‘of the coordinator, (i) Any restricted article of Syringa (1) They are treated in accordance Postentry Quarantine Unit, USDA, spp. (lilac) from the Netherlands is with the PPQ Treatment Manual at the APHIS, PPQ, Building 580, BARC-East, prohibited as specified in § 319.37–2(a) time of arrival at the port of first arrival Beltsville, MD 20705;’’ in their place. unless, at the time of arrival at the port in the United States; or ■ g. By revising paragraph (d)(4) to read of first arrival in the United States, the (2) They are treated prior to shipment as set forth below. phytosanitary certificate accompanying to the United States at a facility that is ■ h. By revising paragraph (d)(7) to read the article of Syringa spp. (lilac) approved by APHIS 9 and that operates as set forth below. contains a declaration that stipulates in compliance with a written agreement ■ i. By removing paragraphs (d)(8) and that the parent stock was found free of between the treatment facility owner (d)(9). plant diseases by inspection and and the plant protection service of the ■ j. In paragraph (e), by redesignating indexing and that the Syringa spp. exporting country, in which the footnote 9 and its reference in the text as (lilac) to be imported were propagated treatment facility owner agrees to footnote 10. either by rooting cuttings from indexed comply with the provisions of this parent plants or by grafting indexed section and allow inspectors and § 319.37–7 Postentry quarantine. parent plant material on seedling representatives of the plant protection (a) * * * rootstocks, and were grown in: service of the exporting country access (3) * * *

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

*******

Aesculus spp. (horsechestnut) ...... All except Canada, Czech Republic, Germany, Romania, Slovakia, United Kingdom.

*******

Blighia sapida (akee) ...... All except Canada, Cote d’Ivoire, and Nigeria.

*******

Brugmansia spp...... All except Canada and Colombia.

*******

Datura spp...... All except Canada and India. Datura spp. (woody species) ...... (See Brugmansia spp.)

9 Manual, which is incorporated by reference at Criteria for the approval of niger seed treatment § 300.1 of this chapter. facilities are contained in the PPQ Treatment

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

*******

Leucanthemella serotina ...... All except Argentina, Brazil, Canary Islands, Chile, Colombia, Europe, Republic of South Afri- ca, Uruguay, Venezuela, and all countries, territories, and possessions of countries located in part or entirely between 90° and 180° east longitude.

*******

Nipponanthemum nipponicum ...... All except Argentina, Brazil, Canary Islands, Chile, Colombia, Europe, Republic of South Afri- ca, Uruguay, Venezuela, and all countries, territories, and possessions of countries located in part or entirely between 90° and 180° east longitude.

*******

Ribes spp...... All except Canada, Europe, and New Zealand.

*******

Salix spp. (willow) ...... All of Europe (except Belgium, Germany, Great Britain, and the Netherlands).

* * * * * Nipponanthemum nipponicum, and for and inorganic fibers, peat, perlite, (c) * * * a period of 1 year after importation for phenol formaldehyde, plastic particles, (1) * * * an article of Dianthus spp. (carnation, polyethylene, polymer stabilized starch, (i) The following States have entered sweet-william). polystyrene, polyurethane, rock wool, into a postentry quarantine agreement in (iii) To grow the article or increase sphagnum moss, ureaformaldehyde, accordance with this paragraph: All U.S. therefrom, if an article of Humulus spp. stockosorb superabsorbent polymer, States and Territories, except the (hops), a meristem culture of the vermiculite, volcanic rock, or zeolite, or District of Columbia, Guam, Hawaii, imported plant will be observed for 6 any combination of these media. Kansas, and the Northern Mariana months, and the original plant will be Growing media must not have been Islands. destroyed after the meristem culture is previously used. (ii) [Reserved] established. After the 6-month * * * * * * * * * * observation, the meristem culture- (g) Pest risk evaluation standards for (d) * * * generated plant must remain in plants established in growing media. (4) To keep the article separated from postentry quarantine for an additional The Animal and Plant Health Inspection any other plant or plant product by no year. Service will conduct a pest risk less than 3 meters (approximately 10 * * * * * assessment based on pest risk analysis feet) unless such other plant or plant ■ 9. In § 319.37–8, the introductory text guidelines established by the product is of the same genus as the of paragraph (e) and paragraphs (e)(1) International Plant Protection article, entered postentry quarantine and (g) are revised to read as follows: Convention of the United Nations’ Food with the article, and arrived together § 319.37–8 Growing media. and Agriculture Organization in with the article in a single shipment response to each request to allow the * * * * * from a foreign region; importation of additional taxa of plants (e) A restricted article of any of the * * * * * in growing media. These guidelines are following groups of plants may be (7) To grow the article or increase available upon request by writing to imported established in an approved therefrom in postentry quarantine for a USDA, APHIS, PPQ, Permits and Risk growing medium listed in this period of 2 years unless specified Assessment, Commodity Risk Analysis paragraph, if the article meets the otherwise in the following: Branch, 4700 River Road Unit 133, conditions of this paragraph, and is (i) To grow the article or increase Riverdale, MD 20737. accompanied by a phytosanitary therefrom, if an article of Rubus spp. ■ 10. In § 319.37–9, the list of approved certificate issued by the plant protection (cloudberry, blackberry, boysenberry, packing material is amended by adding, service of the country in which the dewberry, loganberry, raspberry) from in alphabetical order, a new entry to read article was grown that declares that the Europe, only in a screenhouse with as follows: screening of a minimum of 16 mesh per article meets the conditions of this inch. paragraph: Alstroemeria, Ananas, § 319.37–9 Approved packing material. (ii) To grow the article or increase Anthurium, Begonia, Gloxinia (= * * * * * therefrom, if an article of Sinningia), Nidularium, Peperomia, Stockosorb superabsorbent polymer. Chrysanthemum spp., Dendranthema Polypodiophyta (= Filicales) (ferns), * * * * * spp., Leucanthemella serotina, Rhododendron from Europe, and ■ 11. Section § 319.37–13 is amended as 11 Nipponanthemum nipponicum, or Saintpaulia. follows: Dianthus spp. (carnation, sweet- (1) Approved growing media are ■ a. The section heading is revised as set william), only in a greenhouse or other baked expanded clay pellets, coal forth below. enclosed building, and to comply with cinder, coir, cork, glass wool, organic ■ b. In paragraph (a), footnote 11 and its the above conditions for a period of 6 reference in the text are redesignated as 11 Ananas and Nidularium are bromeliads, and if months after importation for an article imported into Hawaii, bromeliads are subject to footnote 12. ■ of Chrysanthemum spp., Dendranthema postentry quarantine in accordance with § 319.37– c. A new paragraph (c) is added to read spp., Leucanthemella serotina, 7. as follows:

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§ 319.37–13 Treatment and costs and petition for certification of eligibility Executive Orders 12372, 13083 and charges for inspection and treatment; and apply for technical assistance and 13084, and the Unfunded Mandates treatments applied outside the United adjustment payments. Reform Act (P. L. 104–4) States. EFFECTIVE DATE: August 20, 2003. * * * * * These Executive Orders and Public ADDRESSES: U.S. Department of (c) Any treatment performed outside Law 104–4 require consultation with Agriculture, Foreign Agricultural the United States must be monitored State and local officials and Indian Service, Import Policies and Programs and certified by an APHIS inspector or tribal governments. This rule does not Division, 1400 Independence Avenue, an official from the plant protection impose an unfunded mandate or any SW., Stop 1021, Washington, DC 20250– other requirement on State, local or service of the exporting country. If 1021. monitored and certified by an official of tribal governments. Accordingly, these FOR FURTHER INFORMATION CONTACT: the plant protection service of the programs are not subject to the Richard Blabey, Director, Import exporting country, then a phytosanitary provisions of Executive Order 12372, Policies and Programs Division, Foreign certificate must be issued with the Executive Order 13083, and Executive Agricultural Service, 1400 following declaration: ‘‘The Order 13084, or the Unfunded Mandates Independence Avenue, SW., STOP consignment of (fill in botanical name) Reform Act. 1021, by email at has been treated in accordance with the [email protected], Executive Order 12630 Plant Protection and Quarantine telephone at 202–720–2916, or fax at Treatment Manual.’’ During the entire This Order requires careful evaluation 202–720–0876. interval between treatment and export, of governmental actions that interfere SUPPLEMENTARY INFORMATION: the consignment must be stored and with constitutionally protected property rights. This rule would not interfere handled in a manner that prevents any Executive Order 12866 with any property rights and, therefore, infestation by pests and Federal noxious The rule has been determined to be weeds. does not need to be evaluated on the significant under E.O. 12866 and has basis of the criteria outlined in § 319.37–14 [Amended] been reviewed by the Office of Executive Order 12630. Management and Budget. ■ 15. In § 319.37–14, paragraph (b), in Background the list of ports of entry, under the Regulatory Flexibility Act undesignated center heading ‘‘TEXAS’’, The Trade Act of 2002 (P.L. 107–210) The Regulatory Flexibility Act amended the Trade Act of 1974 (19 the asterisk immediately before the ensures that regulatory and information words ‘‘El Paso’’ is removed. U.S.C. 2551, et seq.) to add a new requirements are tailored to the size and chapter 6, which establishes a program Done in Washington, DC, this 15th day of nature of small businesses, small of trade adjustment assistance for August 2003. organizations, and small governmental farmers, providing both technical Peter Fernandez, jurisdictions. This rule will not have a assistance and cash benefits to Acting Administrator, Animal and Plant significant economic impact on a producers. The statute authorizes an Health Inspection Service. substantial number of small farm appropriation of not more than $90 [FR Doc. 03–21304 Filed 8–19–03; 8:45 am] operations. Participation in the program million for each fiscal year 2003 through BILLING CODE 3410–34–P is voluntary. Direct and indirect costs 2007 to carry out the program. are likely to be very small as a Under this rule, a group of percentage of revenue and in terms of agricultural commodity producers may DEPARTMENT OF AGRICULTURE absolute costs. The minimal regulatory petition the Administrator of the requirements impact large and small Foreign Agricultural Service Foreign Agricultural Service (FAS) for businesses equally, and the program’s trade adjustment assistance from mid- benefits should improve cash flow and August through the end of January. FAS 7 CFR Part 1580 liquidity for farmers participating in the will first review the petition for program. RIN 0551–AA66 appropriateness, completeness, and Executive Order 12988 timeliness, before publishing a notice in Trade Adjustment Assistance for the Federal Register that it has been Farmers This rule has been reviewed under Executive Order 12988. The provisions received. The Economic Research AGENCY: Foreign Agricultural Service. of this rule would not have preemptive Service (ERS) will then conduct a ACTION: Final rule. effect with respect to any State or local market study to verify the decline in laws, regulations, or policies which producer prices, and to assess possible SUMMARY: This final rule implements conflict with such provision or which causes, taking due account of any the Trade Act of 1974, as amended by otherwise impede their full special factors which may have affected the Trade Act of 2002 to establish a new implementation. The rule would not prices of the articles concerned, program, Trade Adjustment Assistance have retroactive effect. Before any including imports, exports, production, (TAA) for Farmers. Under this program, judicial action may be brought regarding changes in consumer preferences, the Department of Agriculture provides this rule, all administrative remedies weather conditions, diseases, and other technical assistance and cash benefits to must be exhausted. relevant issues. ERS will report its eligible producers of raw agricultural findings to the FAS Administrator, who commodities when the Administrator, National Environmental Policy Act will then determine whether or not the Foreign Agricultural Service (FAS), The Administrator has determined group is eligible for trade adjustment determines that increased imports have that this action will not have a assistance. If the national average price contributed importantly to a specific significant effect on the quality of the in the most recent marketing year for the price decline over five preceding human environment. Therefore, neither commodity produced by the group is marketing years. The rule establishes an Environmental Assessment nor an equal to or less than 80 percent of the the procedure by which producers of Environmental Impact Statement is average of the national average prices in raw agricultural commodities can necessary for this rule. the preceding 5 marketing years and

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