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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 VerDate jul<14>2003 15:55 Aug 19, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\20AUR1.SGM 20AUR1 50040 Federal Register / Vol. 68, No. 161 / Wednesday, August 20, 2003 / Rules and Regulations 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
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