61735

Rules and Regulations Federal Register Vol. 69, No. 203

Thursday, October 21, 2004

This section of the FEDERAL REGISTER Background authorized by the Plant Protection Act contains regulatory documents having general Under the Honeybee Act (7 U.S.C. concerning the importation of certain applicability and legal effect, most of which bees, beekeeping byproducts, and used are keyed to and codified in the Code of 281–286), the Secretary of Agriculture is authorized to prohibit or restrict the beekeeping equipment are contained in Federal Regulations, which is published under 7 CFR part 319, §§ 319.76 through 50 titles pursuant to 44 U.S.C. 1510. importation of honeybees and honeybee semen to prevent the introduction into 319.76–8 (referred to below as the The Code of Federal Regulations is sold by the United States of diseases and ‘‘pollinator regulations’’). the Superintendent of Documents. Prices of parasites harmful to honeybees and of The pollinator regulations have new books are listed in the first FEDERAL undesirable species such as the African governed the importation of live bees REGISTER issue of each week. honeybee. The Secretary has delegated other than honeybees, dead bees of the responsibility for administering the superfamily Apoidea, certain Honeybee Act to the Administrator of beekeeping byproducts, and beekeeping DEPARTMENT OF AGRICULTURE the Animal and Plant Health Inspection equipment. These regulations have been intended to prevent the introduction of Animal and Plant Health Inspection Service (APHIS) of the U.S. Department exotic bee diseases and parasites that, if Service of Agriculture (USDA). Regulations established under the Honeybee Act are introduced into the United States, could cause substantial reductions in 7 CFR Parts 319 and 322 contained in the Code of Federal Regulations (CFR), Title 7, part 322 pollination by bees. Reductions in (referred to below as the ‘‘honeybee pollination by bees could indirectly [Docket No. 98–109–2] regulations’’). cause serious damage to crops and other plants. RIN 0579–AB20 Regulations Covering Bees and The pollinator regulations have Honeybees allowed bees other than honeybees; Bees and Related Articles The honeybee regulations have dead bees; used bee boards, hives, nests, AGENCY: Animal and Plant Health allowed the unrestricted importation and nesting material; used beekeeping Inspection Service, USDA. into the United States of honeybees and equipment; beeswax; pollen for bee honeybee semen from Canada, but feed; and honey for bee feed to be ACTION: Final rule. placed stringent requirements on the imported into the United States from SUMMARY: We are amending the importation of these products from Canada without restriction, but have regulations for the importation of other countries. Honeybee imports from restricted the importation of these honeybees and honeybee semen and the any country other than Canada have articles from other countries. regulations governing the importation of been allowed only if the bees are Specifically, the pollinator regulations bees other than honeybees, certain imported by the USDA for experimental have provided for the importation of beekeeping byproducts, and used or scientific purposes. Honeybee semen these articles from any country other beekeeping equipment. Among other could be imported by the USDA for than Canada only if they are imported things, we are allowing honeybees from experimental or scientific purposes or by USDA for experimental or scientific Australia and honeybees and honeybee by another person or group only if the purposes or if they are imported under germ plasm from New Zealand to be semen was imported from Australia, permit and meet certain documentation, imported into the continental United Bermuda, France, Great Britain, or inspection, treatment, packaging, States under certain conditions, Sweden and met certain documentation, notification, and port of entry imposing certain conditions on the packaging, inspection, notification, and requirements. port of entry requirements. Honeybees importation into the United States of Proposed Rule and Responses to and honeybee semen from New Zealand bees and related articles from Canada, Comments and prohibiting both the interstate have been allowed to transit the United movement and importation of States en route to another destination in On August 19, 2002, we published in honeybees into Hawaii. This action also accordance with certain documentation, the Federal Register (67 FR 53844– consolidates all of our regulations packaging, handling, notification, and 53867, Docket No. 98–109–1) a proposal concerning all bees in the superfamily port of entry requirements, but entry has to amend the regulations by revising the Apoidea. These changes are intended to not been allowed. honeybee regulations and the pollinator make these regulations more consistent Under the Plant Protection Act (7 regulations. Among other things, we with international standards, update U.S.C. 7701–7772), the Secretary of proposed to allow honeybees from them to reflect current research and Agriculture is authorized to prohibit or Australia and honeybees and honeybee terminology, and simplify them and restrict the importation, entry, germ plasm from New Zealand to be make them more useful. exportation, or movement in interstate imported into the United States under commerce of plant pests and other certain conditions, to impose certain DATES: November 22, 2004. articles to prevent the introduction of conditions on the importation into the FOR FURTHER INFORMATION CONTACT: Dr. plant pests into the United States or United States of bees and related articles Wayne F. Wehling, Entomologist, Pest their dissemination within the United from Canada, and to prohibit the Permit Evaluations, PPQ, APHIS, 4700 States. The Secretary has delegated interstate movement of honeybees into River Road Unit 133, Riverdale, MD responsibility for administering the Hawaii. We also proposed to 20737–1236; (301) 734–8757. Plant Protection Act to the consolidate the honeybee regulations SUPPLEMENTARY INFORMATION: Administrator of APHIS. Regulations and the pollinator regulations by

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combining both into part 322. These APHIS has worked extensively with methodological constraints would changes were intended to make these the Australian Quarantine and prevent the inspection procedures from regulations more consistent with Inspection Service (AQIS) and with being conducted with the rigor international standards, update them to MAF both in the preparation of the necessary to prevent the accidental reflect current research and country-specific pest risk assessments introduction of unwanted organisms terminology, and simplify them and (PRAs) and these revised regulations. into the United States. A commenter make them more useful. The PRAs did not reveal any bee argued that within the prescribed 10- We solicited comments concerning pathogens, parasites, or disease strains day period preceding export, the our proposal for 90 days ending in either Australia or New Zealand that exporting country’s authorities would November 18, 2002. We received 308 are not already present in the only have time to do visual inspections written comments by that date, most of continental United States. The Varroa of the bees, and the necessary laboratory which expressed opposition to our mite found in New Zealand and the procedures would not be performed. proposal. They were from beekeepers, European foulbrood found in Australia Other commenters expressed skepticism beekeepers’ associations, researchers, were both determined to be identical to that there would be sufficient numbers and representatives of State and foreign the strains already present in the of inspectors available during a governments. These comments, as well continental United States. Moreover, the shipping season to conduct even visual introduction of exotic bee species or as oral comments presented at three inspections of individual hives within subspecies is extremely unlikely given public hearings on the proposed rule, 10 days prior to shipment. A minimal the importation restrictions and are discussed below by topic. inspection of bees for known diseases inspection regimes already in place in The largest group of commenters who and parasites, suggested another opposed the proposed rule expressed Australia and New Zealand. Both countries have strong beekeeping commenter, requires a combination of the concern that by allowing imports of field and laboratory examinations. honeybees from Australia and New organizations with good government support. We are confident, therefore, Certain parasites and diseases (e.g., Zealand, APHIS risked letting in disease Varroa mites and foulbrood diseases) organisms, mites and other bee that the provisions we have developed will prevent the introduction of new can be diagnosed in the field by trained parasites, hitchhiker insects, and personnel, but the absolute Africanized bees. Issues raised by these exotic bee diseases into the continental United States. If new maladies or identification of the bacteria responsible commenters included the adequacy of for American foulbrood disease and the surveillance programs of Australia problems are detected, appropriate measures will be taken. For reasons that European foulbrood disease would and New Zealand, the adequacy of our require laboratory analyses. Other proposed inspection requirements, the will be discussed in greater detail further on in this document, this final parasites and pathogens (e.g., Acarapis danger of introducing exotic pests into rule, unlike the proposed rule, will not mites and the parasitic protozoan that Hawaii, the adequacy of our proposed allow bees to be imported into Hawaii causes Nosema disease) are not visible provisions related to packaging, and the from Australia or New Zealand. to the naked eye, and their possible precedent that the proposed A number of commenters raised identification would require dissection changes could set for future regulation issues pertaining to the inspection of honeybee imports. of adult honeybees followed by requirements for imported honeybees, microscopic examination. Inspection for Some commenters questioned the specified in § 322.6 of the proposed parasites and diseases of honeybees not efficacy of the surveillance programs of rule. Proposed § 322.6 required Australia and New Zealand, fearing that currently found in Hawaii or the individual inspection of the hives from continental United States, such as authorities in those countries might fail which the honeybees in each shipment to detect common pests or diseases in Tropilaelaps and Euvarroa mites and were derived by an official of the Thai sacbrood virus, as required by the bees slated for export to the United appropriate regulatory agency of the States. Various commenters discussed APHIS proposal, would require exporting region no more than 10 days additional field and laboratory the recent outbreak in Australia of small prior to export. Inspections were also hive beetle, the routing by Australian diagnoses, including molecular required of individual hives from which characterization of viruses. The companies of illegal honey to the United germ plasm was derived. Inspectors detection of some exotic parasites and States, and the belated discovery of were further required to identify any diseases, it was suggested, will depend Varroa mite in New Zealand after New diseases, parasites, or undesirable upon the development and verification Zealand’s Ministry of Agriculture and species or subspecies of honeybee found Forestry (MAF) had conducted a in the hive during inspection and to of new field and laboratory nationwide survey and pronounced certify that the bees in the shipment methodologies. Similarly, the New Zealand free of dangerous pests were produced in the exporting region requirement that the export certificate and diseases and after bees certified by and were the offspring of queens and identify the species or subspecies of the MAF as Varroa-free were shipped drones or semen also produced in the honeybee found in the hive during the from that country to Canada. These exporting region. Additional inspection pre-export inspection to ensure that no episodes were cited as examples of conditions specific to Hawaii in undesirable species or subspecies of regulatory lapses on the part of proposed § 322.6 included a bees (e.g., Apis mellifera capensis) gain Australia and New Zealand. requirement for certification that the entrance into the United States could Commenters also expressed reservations pre-export inspections revealed no sign only be met by developing new about the ability or the willingness of of Varroa mite, tracheal mite, or African laboratory molecular genetic and/or the governments of Australia and New honeybee on the day of export. morphometric techniques for subspecies Zealand to implement the inspection Citing various reasons, commenters identification. Finally, another regimen spelled out under § 322.6 of the argued that our proposed inspection commenter asserted that the required proposed rule. One commenter asserted requirements were inadequate, certification in § 322.6 that the bees or that the two countries have expressed unworkable, or otherwise not feasible. queens in a shipment originated in the an unwillingness to pay for or subsidize Some commenters expressed the view exporting region is not objectively honeybee inspection programs. that time, personnel, and verifiable.

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Some commenters discussed what The proposal also authorized inspectors plasm were criticized as unwarranted they saw as the need for the final rule to refuse entry of shipments that failed and contrary to the provisions of to specify a standard detection and to meet the requirements of part 322. international trade agreements. Our inspection protocol for all dangerous The Government of Australia, in its proposed inspection and certification honeybee pests and pathogens and comments, took a different view of the requirements for bumblebees and ensure that such specified protocols inspection requirements in our leafcutter bees from Canada were said to provide accurate detection and proposed § 322.6 than did most of the be unjustified unless APHIS knew of identification of each and every commenters, arguing that the disease agents that affect bumblebees dangerous honeybee pathogen or pest. requirement for individual inspection of and leafcutter bees in Canada but not in One commenter argued that if new hives no more than 10 days prior to the United States. inspection standards are to be adopted export is unwarranted as applied to Our decision to regulate the for imported honeybees, they should be Australia. This requirement, it was said, contiguous United States as a single based upon the inspection protocols of does not constitute a risk-management sanitary surveillance unit has no bearing the Office International des Epizooties measure relating to any specific disease on import requirements as they will be (OIE). The OIE protocols, according to or pest that could be of quarantine applied to Canada. The requirements for this commenter, specify specific significance to the United States and is Canada directly reflect the international numbers of bees that are to be not consistent with conditions in the standard as agreed upon through the examined. The commenter asserted that, continental United States, as there exists OIE. APHIS’ decision to require under the proposed rule, the OIE no equivalent inspection requirement certification of honeybees, honeybee guidelines were mandated only for for hives for internal movement of bees germ plasm, and bumblebees from importation certificates for Hawaii. within the continental United States. Canada is based on our concerns over Other commenters argued that the Another commenter, not affiliated with the range of countries that Canada final rule should provide for port-of- the Government of Australia, argued for imports these commodities from, as well entry inspections and testing of loosening, rather than eliminating, the as concerns over smuggling. imported bees. One of these commenters 10-day requirement, suggesting that 30 Packaging standards were also also argued for quarantining bees days prior to export would be a more discussed by commenters as a risk- entering the United States. practical timeframe for inspections. related issue. General packaging APHIS is revising the bee regulations, As noted earlier, the requirement that requirements for shipments of in part, to bring them into alignment all colonies yielding export material be honeybees and other bees were with the international standards as set inspected no more than 10 days prior to contained in § 322.8 of the proposed forth by the OIE guidelines for export export comes directly from the OIE rule. Proposed § 322.9 pertained to certification (Article 3.4.2.3). The export standards. Loosening this 10-day mailed packages of honeybees, inspection requirements in the proposed requirement would result in a honeybee germ plasm, or other bees, rule were derived from the corresponding loss of confidence that and proposed §§ 322.10 and 322.11, to internationally accepted OIE standard, the export certificate would have hand-carried packages containing those with some modifications tailored to identified all of the diseases and pests commodities. Similarly, proposed address the honeybee pest concerns of present at the time of packaging. We do §§ 322.18 and 322.19 contained, the United States, Australia, and New not regulate the interstate movement of respectively, general requirements for Zealand. The requirement for inspection honeybees in the continental United packaging of restricted organisms and of hives no more than 10 days prior to States, which we view as a single region specific requirements for mailed export is derived directly from the for the purposes of sanitary surveillance packages, and §§ 322.20 and 322.21 set stipulations set forth in the guidelines of of apiaries. out conditions for hand-carried the OIE in Appendix 3.4.2, ‘‘Hygiene The Government of Canada argued packages. Proposed § 322.35 contained and Disease Security Procedures in against the inspection provisions on requirements for mailed packages of Apiaries.’’ Therefore, the inspection similar grounds. The regulations in restricted articles, and hand-carrying standards contained in the proposed § 322.1(b) have stated that honeybees or requirements were set out in proposed rule and in this final rule are no less honeybee semen from Canada may be §§ 322.36 and 322.37. Certain materials, rigorous than any international imported into the United States without such as brood, comb, pollen, or honey, standards. In addition, all inspection- any further restrictions under the were specifically prohibited in proposed related documentation will be examined honeybee regulations. The August 2002 § 322.8, but shippers were allowed some by APHIS at the port of entry. We are proposed rule placed Canada on an latitude in packing methods, as long as confident, therefore, not only that the equal footing with Australia and New the overarching objective, stated in requirements for pre-export inspection Zealand, subjecting imports from all § 322.8(a)(1), that shipments must be are adequate to safeguard against the three countries to the same certification, packaged to prevent the escape of any introduction of new honeybee pests, but inspection, and other requirements. The bees, was met. Proposed § 322.18 did also that we will be able to enforce these Canadian representative cited the lack specify acceptable packaging materials requirements. The comments of equivalent requirements for bees for shipments of restricted organisms. concerning the requirements specific to shipped within the United States in Commenters suggested that more Hawaii in § 322.6(a)(2) of the proposed arguing that our proposed inspection detailed requirements for packaging of rule are no longer relevant, since we requirements exceeded the provisions of honeybee shipments were needed in will not be allowing imports of international trade agreements. By order to prevent the escape of imported honeybees into Hawaii. enacting the proposed requirements, it bees that may carry diseases or pests. Regarding port-of-entry inspections, was claimed, APHIS would be placing Some commenters also argued that the proposed rule, under § 322.12, did new import conditions upon Canada allowing individuals to carry live bees allow for port inspections of without having first conducted a PRA to in their personal baggage could present documentation, including export justify such an action. Similarly, our undue risks of spreading disease, as not certificates and notice of arrival, and proposed requirements for inspection all individuals could be counted on to packaging of shipments of honeybees, and the associated certification for package their shipments with adequate honeybee germ plasm, and other bees. imported Canadian honeybee germ care.

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We chose, in this instance, to employ movement of honeybees to Hawaii to which pertained to such matters as a performance standard rather than a list prevent the introduction of exotic pests documentation, packaging, notice of of detailed packaging requirements in there, APHIS should also prohibit arrival, and inspection and handling, order not to place an excessive international movement of bees to did not deviate significantly from the regulatory burden on shippers. In Hawaii for the same reason. existing provisions in § 322.1 of the response to these comments, we are Commenters argued that the regulations. amending § 322.8(a)(1) to state that introduction of a pest like Varroa mite Some commenters, in expressing their imported adult honeybees must be would devastate the Hawaiian bee opposition to the proposed transiting packaged to prevent the escape of any industry. One commenter asserted that conditions, cited the same concerns bees or bee pests. Packages of bees will such an outbreak could cause Hawaii to about the possible introduction of be inspected at the port of entry for lose half of its managed hives and all of diseases and pests into Hawaii that they integrity and security of the packaging. its feral honeybee population. It was stated could result from imports of Packaging deemed inadequate can be also suggested that if Hawaii were to be honeybees and honeybee germ plasm refused entry by the inspector. invaded by the Varroa mite, the use of from Australia and New Zealand into Similarly, inadequate packaging would miticides would mean the end of the State. The possibility of a Varroa in all likelihood cause the shipper to American organic honey, as Hawaii is mite infestation was given as a reason refuse receipt of the packaged bees at the only State that produces it. Other for not allowing offloading or the origin of the shipment. We have also commenters cited the possible transloading of bees from New Zealand reconsidered our proposed provisions introduction of the aggressive in Hawaii. One commenter argued that regarding hand carrying, in response to Africanized honeybee to Hawaii via transloading of Australian bees in a recent Audit Report of APHIS Permits imports from Australia and New Hawaii should also be banned until a by the Office of the Inspector General Zealand as a cause for concern. It was comprehensive Varroa mite survey (OIG) of the USDA. This audit has suggested that Africanized honeybees verified the absence of that pest in brought about many recent changes to could have a disastrous impact on Australia. A commenter suggested that our plant pest permit review and Hawaii’s tourist industry. Hawaii’s airports lack the operational issuance processes, practices, and After we initiated the process of and procedural safeguards needed to policies, some of which will be revising the bee regulations, Varroa mite prevent the escape of restricted discussed later in this document. In was found in New Zealand, and the organisms. Concern was also expressed accordance with the recommendations small hive beetle (Aethina tumida) was about the possibility of transiting of the audit, we will not be allowing found in Australia. Neither bee pest is infected bees escaping into the individuals to hand carry live bees, present in Hawaii; therefore, this final Hawaiian environment as a result of an restricted organisms, or restricted rule prohibits the importation of adult accident. The Government of New Zealand also articles into the United States. honeybees into Hawaii. Specifically, took issue with our proposed transiting Therefore, this final rule will not § 322.4(a) of this final rule lists conditions. Unlike the other include proposed §§ 322.10, 322.11, Australia, Canada, and New Zealand as commenters, however, New Zealand 322.20, and 322.36. Proposed §§ 322.21 regions that are approved for the viewed the proposed conditions as too and 322.37 have been amended in this importation of adult honeybees into the restrictive rather than too lenient. As final rule to provide only for continental United States (i.e., not including Hawaii), and proposed restricted organisms, honeybees from importation via commercial vehicles § 322.6(a)(2), which contained New Zealand would not be eligible for arriving at land border ports in the conditions for export certificates transloading in Hawaii. The United States. Other sections of this accompanying shipments of adult Government of New Zealand asked that final rule have been renumbered honeybees into Hawaii, has been consideration be given to retaining the accordingly. removed. current transiting conditions, which do A number of commenters discussed As a result of our decision not to allow transloading in Hawaii. New what they saw as the potential risks allow honeybees or other bees to be Zealand currently ships honeybees specific to Hawaii of allowing the imported into Hawaii, any bees from through Honolulu to Canada under the importation of honeybees into the State Australia or New Zealand that are existing regulations and expressed a from Australia and New Zealand. One transiting through Hawaii will be desire to be allowed to ship to the commenter, noting that Hawaii, because considered restricted organisms and continental United States under the of its isolation, has a fragile ecosystem, will be subject to the appropriate same conditions. It was argued that, due suggested that the introduction into requirements. The conditions for to the distance from New Zealand to the Hawaii of Apis mellifera from anywhere transiting imported bees through and continental United States, restrictions else on earth could include the transloading them in Hawaii, set forth in on freight space, and New Zealand’s introduction of microbiological the proposed rule in Subpart D—Transit desire to ship honeybees with the least pathogens that could spill over and of Restricted Organisms Through the possible stress and to provide premium adversely affect the 22 species of native United States, also were the subject of quality honeybees to the U.S. market, bees or hundreds of other hymenopteran a number of comments. Proposed direct shipping of honeybees from New or dipteran species that are present in § 322.25 stated that shippers may not Zealand for import into the continental the State. Loss of insects could result in transload restricted organisms in United States, as required in proposed impaired pollination. Other commenters Hawaii. The restricted organisms would § 322.5, would be impracticable. New noted that Hawaii is free of parasitic have to remain on, and depart for Zealand argued that it needed to be able mites, such as the Varroa mite, known another destination aboard, the same to transit honeybees through Hawaii and to exist in New Zealand. It was aircraft on which the shipment arrived to retain the right to transload suggested that such pests could be at the Hawaiian airport. This provision shipments there onto aircraft other than introduced to Hawaii by allowing represented the most significant change the ones in which the shipments imports of honeybees from New from the current regulations, which do arrived. Though the New Zealand Zealand. Some commenters argued that allow transloading. The remaining Government viewed the current since APHIS prohibits interstate provisions of the proposed subpart, transiting system as having been

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successful, additional safeguards were that the heating process itself could would then be made available to the suggested in comments submitted by make the honey toxic for bees. Some public for comment. If the results of the that government’s representatives in commenters also worried that PRA suggest that a regulatory change is order to protect Hawaii’s honeybee contaminated honey imported as bee merited, i.e., that bees and bee products health status. These included requiring feed under proposed § 322.33 could find could safely be imported from the that shipments transit Honolulu at its way into the retail market for human region under consideration, then APHIS night, when honeybees are least active; consumption. may propose such a change. The requiring shipments to include Apistan American foulbrood (Paenibacillus proposed rule would be published in (fluvalinate) strips; and requiring the larvae) is the only bee malady that we the Federal Register, and the public Apistan strips to have been in contact are aware of that can be transmitted in would have an opportunity to offer with the honeybees for at least 24 hours beeswax that has been liquefied or in comments. prior to the shipment reaching the honey. Because American foulbrood is In their discussions of the possible airport in Honolulu. widespread in the United States, we do risks of allowing imports of honeybees APHIS has taken all comments into not regulate the internal movement of and related articles from Australia and consideration regarding the transit of affected material, and citing the disease New Zealand, many commenters bee shipments through Hawaii and as a rationale for barring imports may be focused on what they perceived as the decided not to make any changes to the problematic under international trade shortcomings of the PRAs that APHIS proposed transiting conditions. As we agreements. In order to offer greater carried out for those two countries. The have already noted, the proposed protection to the U.S. honeybee PRAs provided the basis for the standards were closely based upon the population, however, we are tightening proposed rule. Various commenters existing requirements in § 322.1, which the beeswax requirements somewhat in asserted that the PRAs were not have proved effective in ensuring the this final rule. As specified in conducted in accordance with OIE safe transit through Hawaii of § 322.30(a) of this final rule, the export guidelines; that the PRAs were honeybees and honeybee semen from certificate accompanying beeswax insufficiently comprehensive in New Zealand. In some instances, the entering the United States must state evaluating pest risks, lacking both depth proposed conditions were more that the beeswax has been liquified and and breadth and relying on old stringent. For example, both the existing that slumgum and honey have been information; that they employed and proposed regulations require that removed. For the sake of clarity, we are imprecise or unscientific terminology; honeybees be packaged in enclosed adding a definition for slumgum to and that the standards applied to containers covered with netting to § 322.1. We define slumgum as the Australia and New Zealand were less ensure that no honeybees can escape, residue remaining after the beeswax rigorous than those we apply but the proposed rule, in § 322.27(a), rendering process. Slumgum is domestically. also specified that the containers must composed of beeswax mixed with debris A commenter, referring to proposed be sufficiently secure to prevent the or refuse that accumulates when wax OIE standards for PRAs for honeybees, escape of organisms and the leakage of cappings or comb are melted and may questioned why APHIS did not use any contained materials. We are include wax moth cocoons, dead bees, these standards as a basis for conducting confident that foreign bees and bee bee parts, and other detritus from the its assessments of Australia and New products will be able to transit through colony. The claim that heated honey Zealand. The commenter thought Hawaii safely under the conditions that may be toxic to bees is not supported by APHIS had proceeded in an ad hoc we proposed. Allowing shipments of sufficient data to cause us to change the manner rather than relying on specific bees to change planes, however, could final rule. Regarding the commenters’ international standards that were increase the likelihood of an accidental final point, the Food and Drug available for use. release of bees or bee pests. Therefore, Administration would be responsible The OIE standards in question are we find it necessary to retain the for ensuring that honey imported for bee proposed standards that have not yet prohibition on transloading contained feed does not get into the food supply. been implemented. It is possible that in proposed § 322.25(c). In addition to the other risks cited by finalization of the OIE standards could In addition to the concerns expressed commenters opposed to the proposed serve as an impetus to future over possible risks resulting from the rule, there was concern expressed that rulemaking. In drafting the August 2002 importation or transiting of live it could set a dangerous precedent. proposed rule and this final rule, we did honeybees, some commenters also Under the rules of the World Trade use the international standard that was criticized the proposed conditions for Organization (WTO), it was suggested, available at the time of writing. importation of beeswax and honey for APHIS might have difficulty justifying Some commenters stated that the bee feed. Those two articles were the prohibition or restriction of imports information on which the PRAs were classified as restricted articles in from other countries that wanted to based was no longer current, § 322.31 of the proposed rule. Section export honeybees to the United States. particularly in the case of New Zealand. 322.33 specified that export certificates The ultimate effect of the proposal, it Commenters noted that the New for beeswax must state that the beeswax was feared, would be to allow the Zealand site visit was conducted by has been liquified and that export importation of bees and queens from APHIS in 1984, which was the year the certificates accompanying honey for bee almost any country in the world, greatly risk assessment was initiated, and was feed must state that the honey has been increasing the risk of spreading diseases of relatively short duration. It was heated to 212 °F for 30 minutes. and pests to the U.S. bee population. suggested that the continued use of the Commenters argued that liquification of Regions that are not listed in § 322.4 original New Zealand PRA as a basis for beeswax was not an effective means of as approved regions for the importation the current rulemaking was not preventing the spread of disease through of honeybees, honeybee germ plasm, or warranted. It was also claimed that that medium. Similarly, it was argued other bees will be required to submit a previous critiques of that risk that heating honey to 212 °F may also formal petition to the Secretary of assessment had been ignored. fail to kill disease-carrying pathogens, Agriculture for consideration for such As noted in the preamble of the such as American foulbrood spores, in approval. Such a petition would be proposed rule, APHIS made the PRAs the honey. Commenters also suggested followed by a thorough PRA, which for both Australia and New Zealand

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available for public comment prior to concerned about the risks posed by such as ‘‘negligible’’ cannot be science- the publication of the proposed rule. On importing live honeybees but would based if it is not based upon a numerical December 9, 1999, we published in the support a standard protocol for rating. Federal Register (64 FR 68984, Docket imported germ plasm that would control We do not agree with the commenter’s No. 99–091–1) a notice of availability the handling of that commodity. assertion that descriptive terms cannot for the New Zealand PRA. On May 3, APHIS does distinguish between live be science-based. APHIS performs both 2000, we published in the Federal honeybees and honeybee germ plasm in qualitative and quantitative PRAs. The Register (65 FR 25701, Docket No. 00– evaluating the risks of importing each two types of assessments are similar in 032–1) a notice of availability for the into the United States. Like the most respects; however, in quantitative Australian PRA. We solicited public beekeepers cited by the commenter, we PRAs, quarantine pests are examined in comment on each PRA for 60 days. view imported live bees as having a greater detail, and a quantitative During their respective 60-day comment greater potential for introducing bee assessment of the likelihood of periods, we received 23 comments on diseases and pests into the U.S. bee introduction is provided. Criteria for the New Zealand PRA and 6 comments population than imported germ plasm. performing PRAs for regions wanting to on the Australian PRA. We responded to While germ plasm can transmit genetic export honeybees, honeybee germ all comments. In March 2002, we maladies, it will not carry viruses, plasm, and other bees to the United updated the New Zealand PRA because, bacteria, or parasites. Section 322.4 of States were set out in the August 2002 following its publication, Varroa mite the proposed rule provided for the proposed rule. These procedures were was detected on the North Island of importation of germ plasm from followed when we conducted the PRAs New Zealand. The updated New Australia, Bermuda, Canada, France, for Australia and New Zealand. The Zealand PRA includes a discussion of Great Britain, New Zealand, and primary elements of a honeybee-related the detection of Varroa mite on the Sweden, while allowing imports of live PRA, as delineated in the proposed rule, North Island of New Zealand and bees only from Australia, Canada, and are as follows: Identifying bee diseases qualitatively assesses the effect of that New Zealand. and parasites of quarantine significance parasite on importations of bees and bee Another criticism of the PRAs was to the United States, as well as products from New Zealand. We believe that the standards we applied to New undesirable species and subspecies of that our PRAs for Australia and New Zealand and Australia were less honeybees associated with the Zealand employed the best available rigorous than those we apply importation; assessing the likelihood of sources of information to document the domestically. It was noted that while the introduction of these diseases, presence or absence of bee diseases and the continental United States has pest- parasites, and undesirable species and parasites in those countries. It is true free zones, we treat it as a single entity. subspecies of honeybees into the United that a site visit of New Zealand has not Pests found anywhere in the continental States, as well as the consequences of been conducted in recent years; United States are regarded as existing introduction; and considering the however, we were repeatedly in contact throughout the country. On the other effectiveness of the regulatory system of with AQIS and MAF officials, as well as hand, New Zealand is divided up into the exporting region to control and bee scientists from the USDA’s regions with and without pests. prevent occurrences of diseases, Agricultural Research Service, during Historically, APHIS has chosen not to parasites, and undesirable species and the preparation of the PRAs for regulate the interstate movement of subspecies of honeybees. We evaluated Australia and New Zealand. honeybees because the frequent these factors for Australia and New Some commenters argued that the peregrinations of American beekeepers Zealand using information obtained PRAs were lacking in depth and scope. make such regulation extremely from the governments of the two One commenter maintained that no U.S. difficult. We have allowed the State countries, as well as reviews of the scientist has yet done an in-depth study agriculture regulatory agencies to topical scientific literature and site on diseases, pests, and viruses of New oversee the apiculture industry at the visits. Our conclusion, therefore, that Zealand or Australian stock. It was State level. APHIS’ Plant Protection and the risks of introducing various pests suggested that serious study should be Quarantine and Veterinary Services and diseases into the United States as a given to half-moon disorder, chronic bee divisions have been engaged in result of allowing imports from paralysis virus, Kashmir bee virus discussions of domestic honeybee Australia and New Zealand were low (KBV), melanosis, and Malphighamoeba health issues and are working together, (the term ‘‘negligible’’ was only used in mellificae, all of which are known to along with honeybee-related trade the preamble of the proposed rule and occur in New Zealand. associations and other organizations, not in the PRAs themselves) was As noted in Appendix II of the revised such as the Apiary Inspectors of scientifically based. New Zealand PRA, which contains America, to develop solutions to Finally, one commenter thought that public comments on the PRA and perceived regulatory gaps or inequities. we should have done a ‘‘risk/benefit APHIS’ responses to those comments, An additional criticism of the PRAs analysis’’ rather than a ‘‘risk neither KBV nor half-moon disorder is was that they employed imprecise, assessment,’’ suggesting that the former considered to be a significant disease by inappropriate, or unscientific would have led us to conclude that the OIE. Therefore, we cannot impose terminology. One commenter allowing imports from Australia and special import requirements on New questioned whether the term New Zealand was not advisable. This Zealand queens and package bees based ‘‘negligible,’’ which was employed in commenter claimed that there would be on these diseases. Chronic bee paralysis the preamble of the proposed rule to no benefits accruing to the U.S. virus, melanosis, and Malphighamoeba describe the level of risk of introducing beekeeping industry as a result of the mellificae are not known to have an exotic bee diseases or pests or unwanted proposal, only risks. economic impact on honeybees. subspecies into the United States by Risk assessment is the internationally A commenter questioned why APHIS means of imports from Australia and accepted standard for this type of did not assess germ plasm and New Zealand, was being used purely as evaluation and satisfies our honeybees as separate items in separate a descriptive adjective or whether the international trade obligations. Under risk assessments. The commenter term corresponded to numerical ratings. the international trade agreements to argued that beekeepers are chiefly This commenter claimed that a term which it is a party, the United States is

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obliged to consider imports of asserted that the proposed inspection The Government of Australia, while honeybees from countries where requirement would leave U.S. generally favoring the proposed rule, science-based analyses indicate researchers unable to borrow bees from had some objections to particular acceptable risk levels and/or adequate foreign museums. To eliminate the need provisions. In addition to the comments risk management tactics. The methods for opening and repacking packages of on the proposed inspection procedures, used to initiate, conduct, and report on dead bees at the port of entry, which we discussed earlier, Australia the PRAs for Australia and New Zealand commenters advocated permitting also took issue with certain provisions are consistent with guidelines provided systems that would allow packages to be in § 322.6 of the proposed rule by the United Nations Food and shipped to bona fide institutional insect pertaining to the importation of adult Agriculture Organization and by the collectors without visual inspections of honeybees into Hawaii. Proposed OIE. the specimens and viewable shipping paragraph (a)(2)(ii) of § 322.6 indicated A number of researchers took issue boxes. that the export certificate for bees with the dead bee provisions in subpart The proposed import requirements for imported into Hawaii must state that the E of the proposed rule. Under proposed dead bees in the superfamily Apoidea hives from which the honeybees in the § 322.31, dead bees of any genus were substantially reduce the regulatory shipment were derived were inspected considered restricted articles. burden placed upon importers. The individually and showed no sign of Commenters objected to this regulations in § 319.76–3 have required Varroa mite, tracheal mite, or African classification, arguing that dead bees do a Plant Pest Permit (Plant Protection and honeybee. Subsequent paragraphs not pose a realistic threat of disease or Quarantine form 526 and APHIS form specified that the certification must also parasite transmission because bacterial 599) for importation of dead bees. Based state that the honeybees in the shipment and viral diseases will not survive in on the number of comments, many were (1) derived exclusively from an dead hosts. Also, the manner in which scientists have been in violation of the apiary situated in the center of a zone bee specimens are killed and stored existing bee regulations, as we issue of 50 kilometers (31 miles) in radius, in further diminishes the risk of their very few permits for dead bees. which special diagnostic tests, as set transmitting diseases or pests to live Proposed § 322.32 did not require the forth by the OIE, did not reveal any sign bees. Killing bees in cyanide or carbon Plant Pest Permit, mandating only that of the presence of Varroa mite for at tetrachloride will likely result in the the bees be properly preserved and least the past 2 years; and (2) derived death of any associated disease declared for possible inspection at the exclusively from an apiary situated in organisms or bee parasites as well. Dried port of entry. We regret any the center of a zone of 5 kilometers (3.1 bee specimens in museums are frozen, inconvenience that research scientists miles) in radius, in which no case of which would further reduce the may experience, but must point out that tracheal mite has been reported for at likelihood of the survival of parasites, the periodic inspection of packages at least the past 8 months. Australia and housed in Schmidt boxes or the port of entry by DHS personnel is contended that these requirements were museum drawers and are permanently likely, with or without our inspection unwarranted because it, like Hawaii, is isolated from contact with live bees. requirement. Removal of dead bees from free of Varroa mite, tracheal mite, and One commenter questioned the the list of restricted articles would do African honeybee—a status confirmed requirements in proposed § 322.32, nothing to reduce that likelihood, so by a program of targeted surveillance under which dead bees entering the they will remain on the list. We did and routine inspections of hives by United States must be immersed in a agree with the commenter who Government apiary officers. It was solution containing at least 70 percent suggested that we needed to argued, therefore, that official alcohol, immersed in liquid nitrogen, or accommodate additional preservative certification that Australia remains free pinned and dried in the manner of (fixative) solutions, and we have of Varroa mite, tracheal mite, and specific specimens. The commenter amended the final rule accordingly. The African honeybee would provide a favored allowing additional fluids for amended provision states that imported satisfactory level of assurance that a immersion, arguing that alcohol does dead bees must be immersed in a shipment of Australian honeybees could not always provide the best means of solution containing at least 70 percent safely be imported into Hawaii. DNA preservation. Another commenter alcohol or a suitable fixative for genetic These comments are moot now that suggested that the paperwork burden research. we have determined that we will not that the requirements would place upon Smaller numbers of commenters allow the importation of honeybees into APHIS will inevitably lead to multi- raised various other issues. Hawaii. It should be noted that our month delays in granting permits, Representatives of the Governments of proposed requirements were drawn which will seriously impede or even Australia and New Zealand commented directly from the OIE security stop taxonomic and ecological research on issues of concern to those countries. procedures recommended in Article collaborations that underlie bee Other commenters discussed the 3.4.2.3. conservation efforts. proposed ban on the importation of The Government of New Zealand also The dead bee provision that most pollen for bee feed and restrictions on supported most aspects of the proposed concerned the commenters was the the importation of used beekeeping rule, arguing that imports of honeybees requirement in § 322.32(b) of the equipment, restrictions on the interstate and honeybee germ plasm from New proposed rule that such specimens be movement of honeybee germ plasm and Zealand could offer the U.S. beekeeping inspected at the port of entry in the bee products into Hawaii, the possible industry the opportunity to introduce United States. Some commenters benefits of allowing imports of new genetic stock from a source that suggested that this requirement could honeybees from additional regions and poses no disease or pest hazards, and hamper scientific research. One other species of bees, the terminology that the resulting increase in the commenter, citing an instance in which employed in the proposed rule, biodiversity of the U.S. honeybee the British Museum of Natural History packaging for bees other than population could reduce its refused to lend to his research group honeybees, requirements for researchers vulnerability to such pests as Varroa samples of type and other bees because who can import restricted organisms, mite. Like the Government of Australia, of the probability that packages would States’ authority to regulate bees and however, New Zealand did offer some be opened and repacked inexpertly, bee pests, and our economic analysis. criticisms of particular provisions in the

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proposed rule. In addition to its pollen for bee feed in proposed the possibility of importing pollen into comments on the provisions for § 322.2(b)(2) and our restrictions on the Hawaii from the continental United transiting of honeybees from New importation of used beekeeping States for supplemental bee feeding Zealand through Hawaii, which we equipment in proposed § 322.2(b)(3)(ii). should not be foreclosed. discussed earlier, the Government of The commenters viewed these proposed The commenters’ concerns are duly New Zealand took issue with proposed changes to the regulations as noted, and the prohibition on the § 322.6(a)(1)(iii), which stated that the unjustified. It was suggested that the interstate movement of honeybee germ export certificate accompanying relative honeybee disease risk from plasm into Hawaii has been removed honeybees shipped to the United States importation of bee pollen and used from the final rule. Under this final rule, must certify that the bees in the beekeeping equipment was no greater honeybee semen is considered a shipment were produced in the than that associated with the import of restricted organism and can be imported exporting region and are the offspring of Canadian honeybees, which is currently or moved interstate under permit into queens and drones or semen also permitted under the regulations. It was Hawaii for research by university, produced in the exporting region. The also argued that the ban on pollen could Federal Government, or State officials in Government of New Zealand requested hamper local U.S. companies that accordance with the regulations. The that we apply this condition to first- depend on Canadian bee pollen to rear final rule will not allow interstate generation bees only. It was argued that bumblebees. One of the commenters movement of pollen into Hawaii, the modified requirement would still be suggested that in the final rule we might however, and will retain the prohibition sufficiently rigorous to satisfy any want to narrow the pollen prohibition, in § 322.2 on the importation of pollen concerns that APHIS might have about maintaining a ban on pollen for use in into the United States for use as bee the possibility of bees of lesser health rearing honeybees but not for use in feed. The risk of disease transmission status or their germ plasm being rearing bumblebees, since honeybee from bee pollen to honeybees, along imported into New Zealand and then diseases present in bee pollen do not with plant disease risks, make the exported to the United States. Currently, affect bumblebees. The commenter also importation of bee pollen into the New Zealand does not allow the suggested that APHIS may wish to United States and the interstate importation of adult honeybees or consider an import requirement for the movement of bee pollen to Hawaii honeybee germ plasm, but it may in the irradiation of pollen or other materials inadvisable. At some point in the future, future, and it would like to be able to for bee feed when the disease risk so under a separate risk assessment, we export offspring or germ plasm from warrants. could amend the regulations to allow such imported bees provided that they We are not making any changes to the interstate movement of bee pollen into are second generation or more. final rule in response to these Hawaii or importation of bee pollen into We will not be making any changes to comments. This final rule will allow the the United States if the pollen is the final rule as a result of these continued importation of honeybees irradiated. comments. The intent of our into the United States from Canada, but Some commenters favored allowing requirements is to have New Zealand such imports will now be subject to the the importation of honeybees from and Australia demonstrate that the bees same conditions as will apply to additional regions or allowing in they are exporting were derived from imports from Australia and New additional bee species. One commenter stock that is genuinely of Australian or Zealand. As specified in § 322.6, export wrote to advocate allowing the New Zealand origin and thereby free certificates for both honeybees and importation of honeybees from from bee maladies widely prevalent in honeybee germ plasm must include Scandinavia and northwestern Russia Asia. If New Zealand were to allow certifications of origin. One reason why into Alaska. According to this imports of honeybees, we would not we view such certification as necessary commenter, it is very difficult at present want these bees exported to the United for Canadian imports is our concern to start a breeding program in Alaska States without an opportunity to about the smuggling of bees through because there are no local strains of feral prepare a PRA and seek public Canada into the United States. These honeybees there and because bees comment. We do not view our export same concerns apply to bee pollen and imported from southern locations tend certification requirements as excessively used beekeeping equipment from not to survive the Alaskan winter. onerous. Finally, the New Zealand Canada. If suitable techniques for Allowing imports from Scandinavia and representative may have overstated the sterilizing bee pollen and used northwestern Russia could solve this potential benefits to the U.S. honeybee beekeeping equipment are developed problem faced by Alaskan beekeepers. population of allowing imports. It is and are validated by means of efficacy The commenter also argued that Alaska, unlikely that the genetic stock from New studies and proper documentation, the because of its isolation, would be a good Zealand will help to diminish the regulations could be amended to location to carry out research on bees. vulnerability of U.S. honeybees to accommodate imports of bee pollen and Another commenter favored allowing Varroa mite, as New Zealand has not used beekeeping equipment from imports of alfalfa leafcutting bees from had Varroa long enough to select for Canada. New Zealand. The proposed rule resistance. Similarly, useful genetic Some commenters from Hawaii allowed such imports only from Canada. stocks that will respond to our growing questioned the ban on interstate The commenter argued that the alfalfa problem with antibiotic-resistant movement of honeybee germ plasm into leafcutting bee does not carry enemies foulbrood are not likely to come from that State in § 322.2 of the proposed rule or diseases of honeybees or bumblebees New Zealand or Australia. and also argued that Hawaiian and that all species of insects that can In addition to the Canadian beekeepers should be allowed to bring occur among leafcutting bee cells are Government’s criticisms of our in pollen from the continental United easily eliminated by appropriate proposed certification and export States. It was suggested that semen management. Allowing these bees to be requirements, two commenters from brought in from the continental United imported into the United States from Canada, one a Government States could be used to introduce New Zealand would give American representative and the other a producer disease-resistant traits to Hawaiian bees. alfalfa seed growers an alternative to of honey and other products, took issue It was also argued that because the Canada as a supplier of these bees, with our ban on the importation of bee tropics are known for pollen shortages, according to the commenter.

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Before APHIS could allow such importation of bees other than comment. In matters where APHIS is imports, formal PRAs would need to be honeybees, will now provide for the regulating importation and/or interstate carried out for imported honeybees from importation of ‘‘essential nest transport of a plant pest (7 CFR Scandinavia and northwestern Russia substrate,’’ as well as for live adult bees 330.200), the authority lies with APHIS, and imported alfalfa leafcutter bees from and live brood. as a Federal agency, to issue the New Zealand. PRA requirements are The same commenter also argued for necessary permit. contained in § 322.12 of this final rule. a change to § 322.15(b) of the proposed Finally, some commenters disputed As stated in § 322.12(a), requests for rule, which specified that restricted our observations in the economic PRAs must be initiated by the national organisms may only be imported into analysis prepared for the proposed rule government of the region wishing to the United States by Federal, State, or that continental U.S. beekeepers export bees or bee products to the university researchers. It was argued experience shortages of queens in early United States. that importation of restricted organisms spring and that California fruit and nut One commenter questioned the by independent researchers should be producers may experience shortages of terminology we used § 322.6(c) of the allowed if such researchers are able to pollinators at that time of year. We proposed rule, which stated that for meet the post-entry handling argued that, based on the high demand bees other than honeybees, the export requirements of proposed § 322.24. for pollination services and uncertainty certificate must certify that the bees in We have not made any change to the about whether enough bees could be the shipment were produced in the final rule in response to this comment. brought into the continental United exporting region and are the offspring of The conditions of proposed § 322.15, States from Hawaii to meet that queens and drones or semen also under which university and State demand, the price of Hawaiian early- produced in the exporting region. researchers could work for the first time spring honeybees would not be likely to Noting that alfalfa leafcutter bees and with certain organisms defined in that fall significantly as a result of allowing some other species do not have queens section as restricted organisms, were imports from Australia and New or drones, the commenter suggested substantially more liberal than the Zealand. substituting ‘‘reproductive females and regulations that have been in place up It is the observation of APHIS’ males’’ for those terms. to now. For example, the existing entomologists working with the bee The commenter’s concerns are duly § 322.1 has allowed only USDA industry that there are shortages of noted, and the oversight has been personnel to import honeybees from any domestic queen bees and package bees corrected. In this final rule, § 322.6(c) region other than Canada. A decision to in late winter and early spring, before states that the export certificate must conduct research on a restricted production in Georgia, Texas, Florida, certify that the bees in the shipment organism comes with considerable and other bee-producing States reaches were produced in the exporting region responsibility, liability, and regulatory its full capacity. and are the offspring of bees or semen oversight. We believe that any further also produced in the exporting region. loosening of the restrictions on the Miscellaneous The same commenter took issue with importation of restricted organisms In addition to changes we have made a provision in § 322.8 of the proposed could jeopardize APHIS’ ability to in response to commenters’ suggestions, rule pertaining to the packaging of safeguard our apiculture industry by in response to the OIG audit referred to shipments of bees other than honeybees. tracking disease and pest introductions, earlier and to post-September 11 Paragraph (b)(2)(ii) stipulates that should any occur. security concerns, we have also made a packages of bees other than honeybees One commenter suggested that slight modification to the permitting may not contain any soil. Noting that § 322.17 of the proposed rule, which process for the importation of restricted Osmia lignaria and O. cornifrons, both contained procedures for review by organisms. On March 1, 2003, the species that would be allowed APHIS of permit applications for APHIS Permit Unit instituted a importation under the proposed rule, importing restricted organisms and requirement that each permit condition use soil in creating mud partitions in criteria for denial or cancellation of on a PPQ Form 526 be initialed by the their nests, the commenter questioned permits, could infringe upon State permit applicant prior to issuance of the whether it was APHIS’ intent to prevent prerogatives. Proposed paragraph (a)(1) permit. Accordingly, § 322.15(b)(1) of the importation of filled nests of Osmia stated that APHIS may consult with this final rule provides, among other with their mud partitions. The State officials during the permit review things, that the applicant must first commenter added that she did not know process. Proposed paragraph (a)(2) initial each condition of the proposed of any information to suggest that there stated, among other things, that APHIS permit and then return the proposed is or is not a risk of importation of pests, will transmit a copy of the permit permit to the Permit Unit before we will including microorganisms, in the mud application, along with its anticipated issue a signed, valid permit. partitions in Osmia nests. decision on the application, to the Therefore, for the reasons given in the It is not our intent to prevent the appropriate regulatory official in the proposed rule and in this document, we importation of filled nests of Osmia. destination State for review and are adopting the proposed rule as a final While the nest cells of O. lignaria and recommendation; that APHIS will rule, with the changes discussed in this O. cornifrons are made of soil, the soil consider the State’s response before document. is highly manipulated and combined taking final action; and that if a State with secretions that render it a changed makes no recommendation within 20 Executive Order 12866 and Regulatory substance that is unlikely to serve as a business days, concurrence with APHIS’ Flexibility Act medium for the transmission of diseases decision is assumed. The commenter This rule has been reviewed under or pests. Therefore, § 322.8(b)(2)(ii) of argued that States need to be guaranteed Executive Order 12866. The rule has this final rule allows for the importation a ‘‘reasonable’’ timeframe for review and been determined to be significant for the of soil in packages of bees other than that the rule must include reference to purposes of Executive Order 12866 and, honeybees if the soil is used in nest the State’s authority to regulate bees and therefore, has been reviewed by the cells that include developing, immature pests brought to the State. Office of Management and Budget. bees. In addition, § 322.5(d), which We will not be making any changes to In accordance with 5 U.S.C. 604, we contains general conditions for the the final rule as a result of this have prepared a final regulatory

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flexibility analysis, which is set out shortages do, in fact, exist at a given terminology, and simplify them and below, regarding the economic effects of price. make them more useful. this rule on small entities. The This final rule is intended to discussion also serves as our cost- consolidate and amend the regulations Honey Production in the United States for the importation of honeybees and benefit analysis under Executive Order The United States is the second honeybee semen and the regulations 12866. largest honey producer in the world. In In the initial regulatory flexibility established to prevent the introduction analysis that accompanied the proposed of exotic bee diseases and parasites 2003, the United States had a registered rule, we solicited comments regarding through the importation of bees other stock of close to 2.6 million honeybee the number and kinds of small entities than honeybees, certain beekeeping colonies, as shown below in table 1. that could incur benefits or costs from byproducts, and used beekeeping These honeybee colonies were owned implementation of the proposed rule equipment. Among other things, we are by beekeepers with 5 or more colonies and the economic effects of those allowing, under certain conditions, the and produced 181 million pounds of benefits or costs. We did not receive importation into the continental United honey valued at $255 million. Largely such information, although, as we have States of honeybees from Australia and due to bee parasite problems (i.e., already noted, a few commenters took honeybees and honeybee germ plasm Varroa mite), the number of honeybee issue with our discussion in that initial from New Zealand. These changes will colonies in the United States decreased analysis of shortages of domestic queens make these regulations more consistent from 3.4 million in 1994 to 2.5 million and pollinators in early spring. We with international standards, update colonies in 2001. stand by our observation that such them to reflect current research and

TABLE 1.—HONEYBEE COLONIES, HONEY PRODUCTION, AND VALUE IN THE UNITED STATES, 1997–2003

Honey production Value of production Year Honeybee colonies (in pounds) (in U.S. dollars)

1997 ...... 2,631,000 196,536,000 $147,795,000 1998 ...... 2,633,000 220,316,000 147,254,000 1999 ...... 2,688,000 205,250,000 126,075,000 2000 ...... 2,620,000 220,339,000 132,742,000 2001 ...... 2,513,000 185,926,000 127,060,000 2002 ...... 2,574,000 171,718,000 228,338,000 2003 ...... 2,590,000 181,096,000 255,791,000 Source: Honey Report (several issues), National Agricultural Statistics Service (NASS), Agricultural Statistics Board, U.S. Department of Agriculture.

An estimated 125,000 to 150,000 colonies). The remainder are part-time Florida, South Dakota, North Dakota, beekeepers in the United States operate (i.e., with 25 to 299 bee colonies). Minnesota, and Texas accounted for the 2.59 million honeybee colonies According to the 1997 U.S. Census of more than half of both U.S. bee colonies (NASS, Honey Report, 2004). Less than Agriculture, there were 7,688 and honey production. Hawaii, with 38 2 percent of these beekeepers in the commercial apiaries registered in the registered commercial apiaries in 1997, United States are full-time (commercial) United States in that year that sold was responsible for 0.5 percent of U.S. operators (i.e., with 300 or more bee honey and 910 commercial apiaries that domestic commercial sales. However, colonies). More than 90 percent are offered their honeybees for pollination Hawaii is the only U.S. State that is able services (table 2). Total annual sales of hobbyists (i.e., with fewer than 25 bee to export honeybees because of its honey and other bee products amounted disease-free status. to $138.23 million that year. California,

TABLE 2.—HONEYBEE COLONIES AND HONEY, INVENTORY AND SALES IN MAJOR STATES AND HAWAII IN 1997

Commercial sales of bee colonies and honey Inventory of all State U.S. registered (a) Colonies of bees (b) Honey Value of sales % of U.S. apiaries 1 Apiaries Number Apiaries Pounds (a + b) sales

California ...... 1,021 68 79,239 733 28,305,056 $23,167,000 16.8 Florida ...... 645 35 5,524 482 16,471,42713,461,000 9.7 S. Dakota ...... 219 16 8,305 132 14,225,757 11,351,000 8.2 N. Dakota ...... 144 11 2,184 120 12,803,245 10,330,000 7.5 Texas ...... 989 57 106,028 360 8,418,7927,906,000 5.7 Minnesota ...... 428 37 9,813 258 9,311,4757,744,000 5.6 Sum of 6 ...... 3,446 224 211,093 2,085 89,535,752 73,959,000 53.5 Hawaii ...... 75 4 16 34 949,769 735,000 0.5 United States ...... 17,469 910 380,463 7,688 158,943,634 138,228,000 Source: National Agricultural Statistics Service (NASS), 1997 U.S. Census of Agriculture, USDA. 1 Both commercial and hobbyists’ apiaries.

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Bee Pollination in the United States Other bees besides honeybees also Florida. As the demand for these provide important pollination services. products increases, so, too, does the Honeybees, in addition to producing The alfalfa leafcutter bee (Megachile corresponding demand for bee honey, play a vital role in the rotundata), for example, has become the pollination services. pollination of U.S. agricultural crops. In principal alfalfa pollinator in several International Bee Trade 1987, the annual value of agricultural Western States. Other bee species that production dependent upon pollination are commonly used for pollination Reported data on U.S. imports of bees by honeybees in the United States was purposes are bumblebees (Bombus exist only for the alfalfa leafcutter bee, $9.6 billion; by 1999, that value had occidentalis and B. impatiens), blue a species used only for crop pollination. risen to $14.6 billion. More than 40 orchard bees (Osmia lignaria), and horn- The value of U.S. imports of alfalfa percent of fruit and nut production in faced bees (O. cornifrons). Bumblebees leafcutter bees from Canada increased the United States depends upon are pollinators of many plants, from $6.5 million in 1996, to $11.4 honeybee pollination ($4.76 billion out especially those growing at high million in 1999, and then declined to $5 of $10.94 billion average annual value), elevations and in greenhouses. Blue million in 2001 (table 3). No imports of as does more than 70 percent of orchard bees are an alternate pollinator alfalfa leafcutter bees were recorded in vegetable and melon production ($2.98 species of orchard crops, such as 2002 or 2003. Alfalfa leafcutter bee billion out of $3.96 billion), and around almonds. Apiculture pollination is larvae have generally been imported 21 percent of field crop production especially vital to the fruit, nut, and into the United States exclusively from ($6.82 billion out of $32.06 billion).1 vegetable production of California and Canada.

TABLE 3.—U.S. IMPORTS OF LIVE LEAFCUTTER BEE (NON-APIS) LARVAE, 1996–2001

U.S. customs Year Exporting country value (in U.S. dollars)

1996 ...... (1) Canada ...... $6,526,580 World ...... 6,528,680 1997 ...... (1) Canada ...... 9,319,641 World ...... 9,319,641 1998 ...... (1) Canada ...... 10,382,341 World ...... 10,382,341 1999 ...... (1) Canada ...... 11,393,247 World ...... 11,393,247 2000 ...... (1) Canada ...... 7,169,000 (2) United Kingdom ...... 5,000 World ...... 1,174,000 2001 ...... (1) Canada ...... 5,033,000 (2) Belgium ...... 3,000 World ...... 5,036,000 2002 ...... None ...... 0 2003 ...... None ...... 0 Source: U.S. Department of Commerce and World Trade Atlas. Commodity code (0106005030), Leaf Cutter Bee Larvae, Live.

There are no data available on traded corresponding data. For example, TABLE 4.—NEW ZEALAND’S EXPORTS honeybees and honeybee queens, except Canada requires import certificates for OF HONEYBEE QUEENS AND HON- for exports from New Zealand (table 4) honeybees and thus reports only import EYBEE PACKAGES, 1996–2000 and imports into Canada (tables 5 and data. 6). These data provide an indication of Under this rule, an import permit will Honeybee Honeybee the size of trade of honeybees amongst Year packages be required for restricted organisms queens (1.5 kg) the biggest traders. Canada’s largest (honey brood in the comb, all bees and trading partners are the United States bee germ plasm from nonapproved 1998 ...... 20,815 25,722 for honeybee queens and New Zealand regions, and species of honeybees not 1999 ...... 16,872 17,506 2 for honeybee workers. International listed in § 322.5(d)(2)). There is no cost 2000 ...... 18,113 14,056 2001 ...... 14,287 12,631 trade data on honeybees are not readily for an import permit. available, because only when a country 2002 ...... 10,780 18,028 requires an import or an export Source: New Zealand Ministry of Agri- certificate does it report the culture and Forestry (MAF).

TABLE 5.—CANADIAN IMPORTS OF LIVE HONEYBEE QUEENS FROM MAJOR SUPPLIERS, 1996–2001 [in Canadian dollars]

Countries 1996 1997 1998 1999 2000 2001

United States ...... $545,392 $708,279 $2,241,361 $1,616,708 $1,758,663 $1,805,442 (52%) (71%) (81%) (82%) (82%) (82%)

2 Hawaii is the only U.S. State that may export 1 ‘‘The Value of Honey Bees as Pollinators of U.S. honeybees. Crops in 2000.’’ Bee Culture Magazine, March 2000.

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TABLE 5.—CANADIAN IMPORTS OF LIVE HONEYBEE QUEENS FROM MAJOR SUPPLIERS, 1996–2001—Continued [in Canadian dollars]

Countries 1996 1997 1998 1999 2000 2001

New Zealand ...... $325,864 $143,953 $225,176 $102,849 $62,436 $27,475 (31%) (14%) (8%) (5%) (3%) (1%) Australia ...... $183,540 $150,870 $99,915 $168,356 $77,170 $79,436 (17%) (15%) (4%) (9%) (4%) (4%) People’s Republic of China ...... $178,886 $59,058 $85,483 $125,815 (7%) (3%) (4%) (6%) Italy ...... $7,417 $17,065 $7,835 $8,620 Argentina ...... 0 0 $28,219 0 France ...... 0 $187 $6,446 $13,014 Germany ...... $2,228 $12,104 $800 $3,390 United Kingdom ...... $1,384 $4,818 $1,033 $3,304 Taiwan ...... $3,353 $1,114 $2,254 0 Togo ...... $5,832 0 0 0 Denmark ...... $274 0 $67 $4,477 Brazil ...... 0 0 0 $2,431 Norway ...... 0 $419 $1,951 0 Netherlands ...... $413 0 $1,267 0 Malaysia ...... 0 0 $404 0 Japan ...... 0 $145 0 $153 India ...... 0 $93 0 0

Total ...... $1,054,796 $1,003,102 $2,766,239 $1,982,916 $2,034,020 $2,073,557 Source: Agricultural Canada, Horticulture and Special Crops Division, Commodity HS Code 0106.000030.

TABLE 6.—CANADIAN IMPORTS OF LIVE HONEYBEES, EXCEPT QUEENS, 1996–2001 [in Canadian dollars]

Countries 1996 1997 1998 1999 2000 2001

New Zealand ...... $1,240,178 $1,931,210 $1,659,455 $778,019 $295,089 $304,074 (83%) (73%) (74%) (56%) (43%) (41%) United States* ...... $161,077 $346,642 $368,430 $195,102 $166,364 $179,974 (11%) (13%) (16%) (14%) (24%) (24%) Australia ...... $93,551 $375,476 $176,165 $423,729 $229,089 $262,365 (6%) (14%) (8%) (30%) (33%) (35%) Netherlands ...... 0 0 $45,490 0 0 0

Total ...... $1,494,806 $2,653,328 $2,249,540 $1,396,850 $691,398 $746,413 Source: Agricultural Canada, Horticulture and Special Crops Division, Commodity HS Code 0106.0000 * The State of Hawaii only.

Potential Effects for U.S. Entities currently sell for between $30 and $42 bee producers in Hawaii who produce for a 3-pound colony. honeybees year-round. Honeybees, In 1997, California honeybee This rule places U.S. produced particularly queen bees, from Australia producers sold $18.4 million worth of queens and package bees, for the first and New Zealand will probably enter honeybee queens, package bees, and time, in direct competition in the the U.S. market during early spring (i.e., nucs (i.e., 3, 4, or 5 frames of bees with domestic market with imports of these the beginning of active reproduction in brood and a laying queen). Sales from types of bees from Australia and New bee colonies and a critical time for the rest of the United States brought the Zealand. Imported bees are expected to queen introduction). Traditionally, only U.S. total sales of honeybee queens, arrive between early spring (end of Hawaii, because of its tropical climate, package bees, and nucs to about $30 March/early April) and the end of May. has been able to provide queens to U.S. million for 1997. Since then, there have Because of seasonal differences between beekeepers during this time period. been slight increases in prices for the United States and Australia and Therefore, imports of queens from honeybee queens and package bees, New Zealand, the adoption of this rule Australia and New Zealand may affect reflecting increased demand. is expected to have a small, if any, the prices of all queens sold during Domestically produced honeybee negative impact on continental U.S. early spring. However, we do not expect queens currently sell for an average of apiarists whose bees are ready to this rule to have a significant economic $10 to $12 per queen, but their price pollinate crops just as Australian and effect on Hawaiian queen producers or may range between $3 and $40, New Zealand bee imports cease with the other U.S. beekeepers for two reasons. depending on the season. Queens beginning of winter in the southern First, data from imports into Canada of queens and package bees demonstrate possessing unique or exceptional hemisphere. Because of the expected shipping that Hawaiian queens have a strong characteristics are occasionally season for honeybees from Australia and marketability; of the queens imported auctioned off for hundreds of dollars. New Zealand, the greatest potential into Canada between 1997 and 2001, Domestically produced package bees impact of this final rule will likely be on Hawaii supplied on average 80 percent,

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while Australia and New Zealand products. Such entities are considered (OMB) under OMB control number supplied on average only 7 percent and small if they have annual receipts of 0579–0207. 6 percent, respectively (table 5). Second, $750,000 or less. Therefore, most of the Government Paperwork Elimination there have been reports from U.S. apiaries that are affected by this rule Act Compliance beekeepers of an insufficient supply of qualify under this definition of a ‘‘small queens that are needed to revitalize bee entity.’’ Specifically, only 20 to 50 The Animal and Plant Health colonies in early spring. California fruit apiaries out of 17,469 total apiaries in Inspection Service is committed to and nut producers, in particular, also 1997 had more than $750,000 of annual compliance with the Government experience shortages of pollinators, as sales. We do not expect that U.S. Paperwork Elimination Act (GPEA), honeybees from the continental United apiarists, or importers and distributors which requires Government agencies in States are still in winter hibernation and of bees and bee equipment, large or general to provide the public the option those from Hawaii are not enough to small, will be significantly affected by of submitting information or transacting meet demand at that time of the year. this rule. business electronically to the maximum Therefore, based on the high demand for As discussed above, the number of extent possible. For information pollination services and the uncertainty honeybee colonies in the United States pertinent to GPEA compliance related to regarding the amount of imports to fill has fallen from 3.4 million in 1994, to this rule, please contact Mrs. Celeste this demand, the price of Hawaiian 2.5 million in 2001, due to Varroa mite, Sickles, APHIS’ Information Collection early spring honeybees is not expected an exotic bee parasite. Meanwhile, the Coordinator, at (301) 734–7477. to fall significantly with the importation demand for honeybees and other List of Subjects of honeybees. In general, expanded pollinating bees continues to increase, supplies of honeybees made possible especially during the early spring 7 CFR Part 319 through this action may reduce their months when continental U.S. bees are Bees, Coffee, Cotton, Fruits, Honey, price only slightly if demand is elastic, not available to pollinate almonds and Imports, Logs, Nursery stock, Plant with greater price decreases possible if plums in California. Therefore, greater diseases and pests, Quarantine, demand is inelastic. access to bee imports from more While Hawaiian suppliers may Reporting and recordkeeping countries will benefit U.S. agriculture in requirements, Rice, Vegetables. witness some price decline, such losses general. to suppliers are not expected to exceed 7 CFR Part 322 gains to purchasers of bees, who in Alternatives Considered general will benefit by increased Bees, Honey, Imports, Reporting and An alternative to this rulemaking was availability of honeybees, particularly recordkeeping requirements. to make no changes in the regulations. queens, during early spring. However, I Accordingly, we are amending 7 CFR After consideration, we rejected this despite our requests for information chapter III as follows: alternative because there appears to be regarding the economic impact of this minimal disease or parasite risk, or risk rulemaking, we were unable to obtain PART 319—FOREIGN QUARANTINE of introduction of undesirable species of data on the volume of queens or package NOTICES honeybees, associated with imports of bees that may be imported into the bees from the regions we are designating I 1. The authority citation for part 319 United States from Australia and New as approved regions. Further, the continues to read as follows: Zealand or on the potential demand for imports of queens and package bees changes to the regulations contained in Authority: 7 U.S.C. 450 and 7701–7772; 21 from Australia and New Zealand. this document will bring the regulations U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and Therefore, we cannot quantitatively into accord with international standards 371.3. assess the effects those imports may for the trade of bees and with international trade agreements entered §§ 319.76, 319.76–1, 319.76–2, 319.76–3, have on U.S. producers of queen and 319.76–4, 319.76–5, 319.76–6, 319.76–7, package bees. into by the United States. 319.76–8 [Removed] Foreign government inspectors visit This final rule contains various I 2. In part 319, ‘‘Subpart—Exotic Bee their countries’ apiaries twice a year and recordkeeping and reporting Diseases and Parasites,’’ §§ 319.76 provide their honeybee producers with requirements. These requirements are through 319.76–8, is removed. health certificates for exporting these described in this document under the bees. The price of the export certificate heading ‘‘Paperwork Reduction Act.’’ I 3. Part 322 is revised to read as follows: is included in the sale price of these Executive Order 12988 PART 322—BEES, BEEKEEPING honeybees. The fees that the Australian, BYPRODUCTS, AND BEEKEEPING New Zealand, and Canadian This final rule has been reviewed EQUIPMENT Governments charge their bee producers under Executive Order 12988, Civil for the certificates are small. Justice Reform. This rule: (1) Preempts Subpart A—General Provisions all State and local laws and regulations Economic Effect on Small Entities Sec. that are inconsistent with this rule; (2) 322.1 Definitions. According to the North American has no retroactive effect; and (3) does 322.2 General requirements for interstate Industry Classification System used by not require administrative proceedings movement and importation. the Small Business Administration, before parties may file suit in court 322.3 Costs and charges. honeybee farms and honey production challenging this rule. Subpart B—Importation of Adult are included under the ‘‘other animal Paperwork Reduction Act Honeybees, Honeybee Germ Plasm, and production’’ category 1129, as Bees Other Than Honeybees From subcategory 112910 ‘‘apiculture.’’ This In accordance with the Paperwork Approved Regions industry comprises establishments Reduction Act of 1995 (44 U.S.C. 3501 322.4 Approved regions. primarily engaged in raising bees; et seq.), the information collection or 322.5 General requirements. collecting honey; and/or selling queen recordkeeping requirements included in 322.6 Export certificate. bees, packages of bees, royal jelly, bees’ this rule have been approved by the 322.7 Notice of arrival. wax, propolis, venom, or other bee Office of Management and Budget 322.8 Packaging of shipments.

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322.9 Mailed packages. Beekeeping establishment. All of the mite, small hive beetle, and African 322.10 Inspection; refusal of entry. facilities, including apiaries, honey honeybee into the pest-free areas listed 322.11 Ports of entry. houses, and other facilities, and land in paragraph (a)(1) of this section, 322.12 Risk assessment procedures for that comprise a proprietor’s beekeeping interstate movement of honeybees into approving countries. business. those areas is prohibited. Subpart C—Importation of Restricted Brood. The larvae, pupae, or (b) Importation. In order to prevent Organisms postovipositional ova (including the introduction into the United States 322.13 General requirements; restricted embryos) of bees. of bee diseases and parasites, and organisms. Destination State. The State, district, undesirable species and subspecies of 322.14 Documentation; applying for a or territory of the United States that is honeybees: permit to import a restricted organism. the final destination of imported bees, (1) You may import bees, honeybee 322.15 APHIS review of permit beekeeping byproducts, or beekeeping germ plasm, and beekeeping byproducts applications; denial or cancellation of equipment. into the United States only in permits. Germ plasm. The semen and 322.16 Packaging of shipments. accordance with this part. 322.17 Mailed packages. preovipositional ova of bees. (2) You may not import pollen 322.18 Restricted organisms in a Hive. A box or other shelter derived from bee colonies and intended commercial vehicle arriving at a land containing a colony of bees. for use as bee feed into the United border port in the United States. Honeybee. Any live bee of the genus States. 322.19 Inspection; refusal of entry. Apis in any life stage except germ (3)(i) You may not import used 322.20 Ports of entry. plasm. beekeeping equipment into the United 322.21 Post-entry handling. Inspector. Any employee of the States, unless that used beekeeping Animal and Plant Health Inspection Subpart D—Transit of Restricted Organisms equipment either: Service, or other individual authorized Through the United States (A) Will be used solely for indoor by the Administrator to carry out the display purposes and will not come into 322.22 General requirements. provisions of this part. 322.23 Documentation. Office International des Epizooties contact with indigenous bees; or 322.24 Packaging of transit shipments. (B) Consists of bee boards that contain 322.25 Notice of arrival. (OIE). The organization in the Food and Agriculture Organization of the United live brood of bees, other than 322.26 Inspection and handling. honeybees, from a region listed in 322.27 Eligible ports for transit shipments. Nations responsible for the International Animal Health Code, which includes a § 322.4(c). Subpart E—Importation and Transit of (ii) New, unused beekeeping Restricted Articles section regarding bee diseases in international trade. equipment is eligible for importation 322.28 General requirements; restricted Package bees. Queen honeybees with into the United States if it complies articles. attendant adult honeybees placed in a with all applicable regulations in this 322.29 Dead bees. shipping container, such as a tube or chapter. 322.30 Export certificate. (c) Movements not in compliance. (1) 322.31 Notice of arrival. cage. Queen. The actively reproducing Any honeybees, honeybee germ plasm, 322.32 Mailed packages. bees other than honeybees, beekeeping 322.33 Restricted articles in a commercial adult female in a colony of bees. bonded vehicle arriving at a land border Slumgum. Residue remaining after the byproducts, or used beekeeping port in the United States. beeswax rendering process. It is equipment not in compliance with this 322.34 Inspection; refusal of entry. composed of beeswax mixed with debris part that are imported into the United 322.35 Ports of entry. or refuse that accumulates when wax States will be either: Authority: 7 U.S.C. 281; 7 U.S.C. 7701– cappings or comb are melted. The (i) Immediately exported from the 7772; 7 CFR 2.22, 2.80, and 371.3. residue can include wax moth cocoons, United States by you at your expense; or dead bees, bee parts, and other detritus (ii) Destroyed by us at your expense. Subpart A—General Provisions from the colony. (2) Pending exportation or Undesirable species or subspecies of destruction, we will immediately apply § 322.1 Definitions. honeybees. Honeybee species or any necessary safeguards to the bees, Administrator. The Administrator, subspecies including, but not limited to, beekeeping byproducts, or used Animal and Plant Health Inspection Apis mellifera scutellata, commonly beekeeping equipment to prevent the Service, or an individual authorized to known as the African honeybee, and its introduction of bee diseases and act for the Administrator. hybrids; Apis mellifera capensis, parasites, and undesirable species and Animal and Plant Health Inspection commonly known as the Cape subspecies of honeybees into the United Service (APHIS). The Animal and Plant honeybee; and Apis cerana, commonly States. Health Inspection Service of the United known as the Oriental honeybee. States Department of Agriculture. United States. The States, District of § 322.3 Costs and charges. Bee. Any member of the superfamily Columbia, American Samoa, Guam, We will furnish, without cost, the Apoidea in any life stage, including Northern Mariana Islands, Puerto Rico, services of an inspector during normal germ plasm. and the Virgin Islands of the United business hours and at the inspector’s Beekeeping byproduct. Material for States. places of duty. You will be responsible use in hives, including, but not limited for all costs and charges arising from to, beeswax for beekeeping, pollen for § 322.2 General requirements for interstate inspection outside of normal business bee feed, or honey for bee feed. movement and importation. hours or away from the inspector’s Beekeeping equipment. Equipment (a) Interstate movement. (1) The places of duty.1 You are also responsible used to house and manage bees, following regions of the United States for all costs and charges related to any including, but not limited to, bee are considered pest-free areas for Varroa exportation or destruction of shipments, boards, hive bodies, bee nests and mite, tracheal mite, small hive beetle, in accordance with § 322.2(c)(1). nesting material, smokers, hive tools, and African honeybee: Hawaii. gloves or other clothing, and shipping (2) In order to prevent the 1 Information on costs for services of an inspector containers. introduction of Varroa mite, tracheal are contained in part 354 of this chapter.

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Further, if you import bees or germ (i) Bumblebees of the species Bombus (2) If the export certificate identifies a plasm into a containment facility for impatiens; bee disease or parasite of concern to the research or processing, you will be (ii) Bumblebees of the species Bombus United States, including, but not limited responsible for all additional costs and occidentalis; to, Thai sacbrood virus, Tropilaelaps charges associated with the importation. (iii) Alfalfa leafcutter bee (Megachile clareae, and Euvarroa sinhai, or an rotundata); undesirable species or subspecies of Subpart B—Importation of Adult (iv) Blue orchard bee (Osmia lignaria); honeybee, including, but not limited to, Honeybees, Honeybee Germ Plasm, or the Cape honeybee (Apis mellifera and Bees Other Than Honeybees From (v) Horn-faced bee (Osmia cornifrons). capensis) and the Oriental honeybee Approved Regions (3) If you want to import species of (Apis cerana), as occurring in the hive bees other than those listed in paragraph § 322.4 Approved regions. from which the shipment was derived, (d)(2) of this section, refer to subpart C (a) Adult honeybees. The following we will refuse the shipment’s entry into of this part, ‘‘Importation of Restricted the United States. regions are approved for the importation Organisms,’’ for requirements. of adult honeybees into the continental (c) Bees other than honeybees. For bees other than honeybees, the export United States (not including Hawaii) § 322.6 Export certificate. certificate must certify that the bees in under the conditions of this subpart: Each shipment of bees and honeybee Australia, Canada, and New Zealand. the shipment were produced in the germ plasm arriving in the United States exporting region and are the offspring of (b) Honeybee germ plasm. The from an approved region must be following regions are approved for the bees or semen also produced in the accompanied by an export certificate exporting region. importation of honeybee germ plasm issued by the appropriate regulatory into the United States under the agency of the national government of (Approved by the Office of Management and conditions of this subpart: Australia, the exporting region. Budget under control number 0579–0207) Bermuda, Canada, France, Great Britain, (a) Adult honeybees. (1) For adult § 322.7 Notice of arrival. New Zealand, and Sweden. honeybees, the export certificate must: (c) Bees other than honeybees. The (a) At least 10 business days prior to (i) Certify that the hives from which the arrival in the United States of any following regions are approved for the the honeybees in the shipment were importation of bees other than shipment of bees or honeybee germ derived were individually inspected by plasm imported into the United States honeybees into the continental United an official of the regulatory agency no States (not including Hawaii) under the under this subpart, you must notify more than 10 days prior to export; APHIS of the impending arrival. Your conditions of this subpart: Canada. (ii) Identify any diseases, parasites, or notification must include the following (d) If the name of the region from undesirable species or subspecies of information: which you want to import adult honeybee found in the hive during that honeybees, honeybee germ plasm, or (1) Your name, address, and preexport inspection; and bees other than honeybees into the telephone number; (iii) Certify that the bees in the (2) The name and address of the United States does not appear in shipment were produced in the paragraphs (a), (b), or (c), respectively, receiving apiary; exporting region and are the offspring of (3) The name, address, and telephone of this section, refer to subpart C of this bees or semen also produced in the part, ‘‘Importation of Restricted number of the producer; exporting region. (4) The U.S. port where you expect Organisms,’’ for requirements. (2) If the export certificate identifies a (e) For information on approving the shipment to arrive. The port must be bee disease or parasite of concern to the other regions for the importation of staffed by an APHIS inspector (see United States, including, but not limited adult honeybees, honeybee germ plasm, § 322.11); to, Thai sacbrood virus, Tropilaelaps or bees other than honeybees into the (5) The date you expect the shipment clareae, and Euvarroa sinhai, or an United States, see § 322.12. to arrive at that U.S. port; undesirable species or subspecies of (6) The scientific name(s) of the § 322.5 General requirements. honeybee, including, but not limited to, organisms in the shipment; (a) All shipments of bees and the Cape honeybee (Apis mellifera (7) A description of the shipment (i.e., honeybee germ plasm imported into the capensis) and the Oriental honeybee package bees, queen bees, nest boxes, United States under this subpart must (Apis cerana), as occurring in the hive etc.); and be shipped directly to the United States from which the shipment was derived, (8) The total number of organisms you from an approved region. we will refuse the shipment’s entry into expect to receive. (b) Adult honeybees. (1) You may the United States. (b) You must provide the notification import adult honeybees under this (b) Honeybee germ plasm. (1) For to APHIS through one of the following subpart only from regions listed in honeybee germ plasm, the export means: § 322.4(a). certificate must: (1) By mail to the Permit Unit, PPQ, (2) The honeybees must be package (i) Certify that the hives from which APHIS, 4700 River Road Unit 133, bees or queens with attending adult the germ plasm in each shipment was Riverdale, MD 20737–1236; or bees. derived were individually inspected by (2) By facsimile at (301) 734–8700; or (c) Honeybee germ plasm. You may an official of the regulatory agency no (3) By electronic mail to import honeybee germ plasm under this more than 10 days prior to export; [email protected]. subpart only from regions listed in (ii) Identify any diseases, parasites, or (Approved by the Office of Management and § 322.4(b). undesirable species or subspecies of Budget under control number 0579–0207) (d) Bees other than honeybees. (1) honeybee found in the hive during that You may import live adult bees or live preexport inspection; and § 322.8 Packaging of shipments. brood and essential nest substrate under (iii) Certify that the bees in the hives (a) Adult honeybees. All shipments of this subpart only from regions listed in from which the shipment was derived adult honeybees imported into the § 322.4(c). were produced in the exporting region United States under this subpart: (2) The live bees or brood must belong and are the offspring of bees or semen (1) Must be packaged to prevent the to one of the following species: also produced in the exporting region. escape of any bees or bee pests;

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(2) Must not include any brood, comb, inspected at the port of entry in the United States or that are listed as pollen, or honey; and United States for: significant for international trade by the (3) May include sugar water or (1) Proper documentation (see OIE, if applicable; crystallized sugar (e.g., candy) for use as § 322.6); (4) Identification of all pests of bee food during transit. (2) Timely notice of arrival (see culture, such as the small hive beetle, (b) Bees other than honeybees—(1) § 322.7); and that occur in the exporting region but Adult bees. All adult bees other than (3) Adequate packaging (see § 322.8). not in the United States or that are listed honeybees imported into the United (b) If, upon inspection, any shipment as significant for international trade by States must be packaged to prevent the fails to meet the requirements of this the OIE; escape of any bees or bee pests. part, that shipment will be refused entry (5) Evaluation of the probability of (2) Live brood. For live brood of bees into the United States. In accordance establishment, including pathway, other than honeybees, packages: with § 322.2(c), the inspector will offer entry, colonization, and spread (i) Must be securely closed; you, or in your absence the shipper, the potentials, of any diseases, parasites, (ii) May not include any soil, except opportunity to immediately export any undesirable species or subspecies of for that which is present in nest cells refused shipments. If you, or in your honeybees, or pests identified in that include developing, immature bees; absence the shipper, decline to accordance with paragraphs (b)(1), (2), (iii) May include only packing immediately export the shipment, we (3), or (4) of this section; materials that were grown or produced will destroy the shipment at your (6) Evaluation of the potential in the exporting region and that meet all expense. consequences of establishment, other applicable requirements of this including economic, environmental, chapter, such as the regulations § 322.11 Ports of entry. and perceived social and political pertaining to unmanufactured wood in Shipments of honeybees, honeybee effects, of each disease, parasite, part 319 of this chapter and the plant germ plasm, and bees other than undesirable species or subspecies of pest regulations in part 330 of this honeybees imported under this subpart honeybees, or pest identified in chapter; and may enter the United States only at a accordance with paragraphs (b)(1), (2), (iv) May consist of brood housed in port of entry staffed by an APHIS (3), or (4) of this section; and new or used bee boards, provided the inspector.2 (7) Consideration of the effectiveness bee boards meet all applicable of the regulatory system of the exporting § 322.12 Risk assessment procedures for requirements of this part. region to control bee diseases, parasites, approving countries. undesirable species and subspecies of § 322.9 Mailed packages. (a) The national government of the honeybees, and pests that occur there (a) If you import a package of region wishing to export must request and to prevent occurrences of new bee honeybees, honeybee germ plasm, or that we perform a risk assessment for diseases, parasites, undesirable species bees other than honeybees under this the importation into the United States of and subspecies of honeybees, and pests. subpart through the mail or through honeybees, honeybee germ plasm, or (c) Based on the conclusions of the commercial express delivery, you must bees other than honeybees from that risk assessment, we will either: mark all sides of the outside of that region. (1) Publish in the Federal Register a package with the contents of the (b) When we receive a request, we notice of proposed rulemaking to allow shipment, i.e., ‘‘Live Bees,’’ ‘‘Bee Germ will evaluate the science-based risks honeybees, honeybee germ plasm, or Plasm,’’ or ‘‘Live Bee Brood,’’ and the associated with such importation. Our bees other than honeybees to be name of the exporting region. The risk assessment will be based on imported into the United States from marking must be clearly visible using information provided by the exporting that region; or black letters at least 1 inch in height on region, information from topical (2) Deny the request in writing, stating a white background. scientific literature, and, if applicable, the specific reasons for that action. (b) If you import a package of information we gain from a site visit to (d) We will publish a notice of honeybees, honeybee germ plasm, or the exporting region. The risk availability of all completed risk bees other than honeybees under this assessment will include: assessments for public comment. subpart through commercial express (1) Identification of all bee diseases, (Approved by the Office of Management and delivery, you must provide an accurate including fungi, bacteria, viruses, Budget under control number 0579–0207) description of the complete contents of mycoplasmas, and protozoa, that occur Subpart C—Importation of Restricted the shipment, i.e., ‘‘Live Bees,’’ ‘‘Bee in the exporting region but not in the Organisms Germ Plasm,’’ or ‘‘Live Bee Brood,’’ for United States or that are listed as the shipment’s delivery manifest entry. significant for international trade by the § 322.13 General requirements; restricted (c) In addition to the export certificate Office International des Epizooties organisms. required in § 322.6, a package of (OIE); (a) For the purposes of this part, the honeybees, honeybee germ plasm, or (2) Identification of all bee parasites, following are restricted organisms: bees other than honeybees imported including mites, that occur in the (1) Honeybee brood in the comb; under this subpart by commercial exporting region but not in the United (2) Adult honeybees from any region express delivery must be accompanied States or that are listed as significant for other than those listed in § 322.4(a); at the time of arrival in the United international trade by the OIE; (3) Honeybee germ plasm from any States by an invoice or packing list (3) Identification of all species and region other than those listed in accurately indicating the complete subspecies of honeybees that occur in § 322.4(b); and contents of the shipment. the exporting region but not in the (4) Bees other than honeybees, in any life stage, from any region other than § 322.10 Inspection; refusal of entry. 2 To find out if a specific port is staffed by an those listed in § 322.4(c) or any species (a) Shipments of honeybees, honeybee APHIS inspector, or for a list of ports staffed by of bee other than those listed in APHIS inspectors, contact Permit Unit, PPQ, germ plasm, and bees other than APHIS, 4700 River Road Unit 133, Riverdale, MD § 322.5(d)(2). honeybees imported into the United 20737–1236; toll-free (877) 770–5990; fax (301) (b) Restricted organisms may be States under this subpart will be 734–8700. imported into the United States only by

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Federal, State, or university researchers (11) Is the organism established in the risks associated with the importation of for research or experimental purposes destination State? the restricted organisms. and in accordance with this part. (12) Media or species of host material (2) Review by destination State. We accompanying the organism (e.g., will transmit a copy of your permit § 322.14 Documentation; applying for a pollen, honey, wax, nesting material). application, along with our anticipated permit to import a restricted organism. (13) Source of organism (include any decision on the application, to the Any restricted organism imported into that apply, and list region of origin). appropriate regulatory official in the the United States must be accompanied Supplier (provide supplier’s name and destination State for review and by both a permit, in accordance with address), wild collected, or reared under recommendation. A State’s response, paragraph (a) of this section, and an controlled conditions. which we will consider before taking invoice or packing list accurately (14) Method of shipment. Airmail, final action on the permit application, indicating the complete contents of the express delivery (list company name). may take one of the following forms: shipment, in accordance with paragraph (15) Port(s) of entry. (i) The State recommends that we (b) of this section. (16) Approximate date(s) of arrival at issue the permit; (a) Permit. You must submit a the port of entry. (ii) The State recommends that we completed application for a permit to (17) Destination. Provide the address issue the permit with specified import restricted organisms at least 30 of the location where the organism will additional conditions; days prior to scheduling arrival of those be received and maintained, including (iii) The State recommends that we organisms. You may import a restricted building and room numbers where organism only if we approve your deny the permit application and applicable. provides scientific, risk-based reasons application and issue you a permit. Our (18) Intended use (include any that procedures for reviewing permit supporting that recommendation; or apply). Select or write ‘‘Scientific (iv) The State makes no applications are provided in § 322.15. Study.’’ To apply for a permit, you must supply, recommendation, thereby concurring (19) Has your facility been evaluated with our decision regarding the issuance either on a completed PPQ Form 526 or by APHIS? If yes, list date(s) of 4 in some other written form, the of the permit. approval. Is your facility approved for (b) Results of review. After a complete following information: 3 the species of bees or bee germ plasm (1) Applicant information. Your review of your application, we will for which you are seeking a permit? either: name, title, organization, address, (20) Provide your signature and the telephone number, facsimile number, (1) Issue you a written permit with, if date of your signature under the applicable, certain specific conditions and electronic mail address (provide all following certification: ‘‘I certify that all that are applicable). You must also state listed for the importation of the statements and entries I have made on restricted organisms you applied to whether you are a U.S. resident. If you this document are true and accurate to are not a U.S. resident, you must also import. You must initial each condition the best of my knowledge and belief. I on the proposed permit and return the supply the name, title, organization, understand that any intentional false address, telephone number, facsimile proposed permit conditions to the statement or misrepresentation made on Permit Unit before we will issue you a number, and electronic mail address this document is a violation of law and (provide all that are applicable) of a U.S. signed valid permit; or punishable by a fine of not more than (2) Notify you that your application resident who will act as a sponsor for $10,000, or imprisonment of not more the permit application. has been denied and provide reasons for than 5 years, or both. (18 U.S.C. 1001).’’ the denial. (2) Application type. New permit, If you are required to have a sponsor for permit renewal, or amendment to (c) Denial of permit applications. your permit application, your sponsor APHIS will deny an application for a existing permit (if a renewal or must also sign and date under the same amendment, provide the current permit permit to import a restricted organism certification. regulated under this subpart when, in number). (b) Invoice. Any restricted organism (3) Type of movement. Select or write its opinion, such movement would must be accompanied at the time of involve a danger of dissemination of an ‘‘Import into the United States.’’ arrival in the United States by an (4) Scientific name of organism. exotic bee disease or parasite, or an invoice or packing list accurately Genus, species, subspecies or strain, and undesirable species or subspecies of indicating the complete contents of the author (if known). honeybee. Danger of such dissemination (5) Type of organism. Select or write shipment and the exporting region. may be deemed to exist when: ‘‘Bees and/or bee germ plasm.’’ (Approved by the Office of Management and (1) Existing safeguards against (6) Taxonomic classification. Family Budget under control number 0579–0207) dissemination are inadequate and no of restricted organisms. § 322.15 APHIS review of permit adequate safeguards can be arranged; or (7) Life stage(s). Semen, applications; denial or cancellation of (2) The potential for disseminating an preovipositional eggs, embryos, permits. exotic bee disease or parasite, or an postovipositional eggs, larvae, pupae, or (a) Review of permit applications to undesirable species or subspecies of adults. If adult queens, please specify. honeybee, with the restricted organism (8) Number of shipments. import restricted organisms—(1) Consultation. During our review of your outweighs the probable benefits that (9) Number of specimens per could be derived from the proposed shipment. permit application, we may consult with any Federal officials; appropriate movement and use of the restricted (10) Is the organism established in the organism; or United States? officials of any State, Territory, or other jurisdiction in the United States in (3) When you, as a previous permittee, failed to maintain the 3 Mail your completed application to Permit Unit, charge of research or regulatory PPQ, APHIS, 4700 River Road Unit 133, Riverdale, programs relative to bees; and any other safeguards or otherwise observe the MD 20737–1236. A PPQ Form 526 may be obtained qualified governmental or private by writing to the same address, calling toll-free 4 If a State regulatory official does not respond (877) 770–5990, faxing your request to (301) 734– research laboratory, institution, or within 20 business days, we will conclude that the 8700, or downloading the form from http:// individual. We will conduct these State has chosen to make no recommendation www.aphis.usda.gov/ppq/ss/permits/pests/. consultations to gain information on the regarding the issuance of the permit.

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conditions prescribed in a previous (1) The following materials are § 322.19 Inspection; refusal of entry. permit and have failed to demonstrate approved as packing materials: (a) APHIS may inspect any restricted your ability or intent to observe them in Absorbent cotton or processed cotton organism at the time of importation to the future; or padding free of cottonseed; cages made determine if the organism meets all of (4) The proposed movement of the of processed wood; cellulose materials; the requirements of this part. restricted organism is adverse to the excelsior; felt; ground peat (peat moss); (b) If, upon inspection, any shipment conduct of an eradication, suppression, paper or paper products; phenolic resin fails to meet the requirements of the control, or regulatory program of APHIS. foam; sawdust; sponge rubber; thread regulations, that shipment will be (d) Cancellation of permits. (1) APHIS waste, twine, or cord; and vermiculite. refused entry into the United States. In may cancel any outstanding permit (2) Other materials, such as host accordance with § 322.2(c), the whenever: material for the organism, soil, or other inspector will offer the shipper the (i) We receive information subsequent types of packing material, may be opportunity to immediately export any to the issuance of the permit of included in a container only if refused shipments. If the shipper circumstances that would constitute identified in the permit application and declines to immediately export the cause for the denial of an application for approved by APHIS on the permit. shipment, we will destroy the shipment permit under paragraph (c) of this at his or her expense. § 322.17 Mailed packages. section; or § 322.20 Ports of entry. (ii) You, as the permittee, fail to (a) If you import a restricted organism A restricted organism may be maintain the safeguards or otherwise through the mail or through commercial imported only at a port of entry staffed observe the conditions specified in the express delivery, you must attach a by an APHIS inspector.5 After a permit or in any applicable regulations. special mailing label (APHIS Form 599), restricted organism has been cleared for (2) Upon cancellation of a permit, you which APHIS will provide with your importation at the port of entry, the must either: permit, to the package or container. The organism can only be transported by a (i) Surrender all restricted organisms mailing label indicates that APHIS has bonded commercial carrier immediately to an APHIS inspector; or authorized the shipment. and directly from the port of entry to the (ii) Destroy all restricted organisms (b) You must address the package containment facility or apiary identified under the supervision of an APHIS containing the restricted organism to the on the permit. You may open the inspector. containment facility or apiary identified package containing the restricted (e) Appealing the denial of permit on the permit (post office boxes are not organism only within the containment applications or cancellation of permits. allowed). facility or apiary identified on the If your permit application has been permit. denied or your permit has been (c) If the restricted organism arrives in the mail without the mailing label (Approved by the Office of Management and canceled, APHIS will promptly inform Budget under control number 0579–0207) you, in writing, of the reasons for the described in paragraph (a) of this denial or cancellation. You may appeal section or addressed to a containment § 322.21 Post-entry handling. facility or apiary other than the one the decision by writing to the (a) Immediately following clearance at listed on the permit, an inspector will Administrator and providing all of the the port of entry, a restricted organism refuse to allow the organism to enter the facts and reasons upon which you are must move by a bonded commercial United States. relying to show that your permit carrier directly to a containment facility application was wrongfully denied or § 322.18 Restricted organisms in a or apiary that has been inspected and your permit was wrongfully canceled. commercial vehicle arriving at a land border approved by APHIS.6 We must inspect The Administrator will grant or deny port in the United States. and approve the containment facility or the appeal as promptly as circumstances (a) If you import a restricted organism apiary before we will issue a permit to allow and will state, in writing, the through a land border port in the United import a restricted organism. reasons for the decision. If there is a States by commercial vehicle (i.e., (b) Inspection of premises. Prior to conflict as to any material fact, you may automobile or truck), then the person issuing a permit to import restricted request a hearing to resolve the conflict. carrying the restricted organism must organisms, we will inspect the apiary or Rules of practice concerning the hearing present the permit required by § 322.14 containment facility where you intend will be adopted by the Administrator. and an invoice or packing slip to contain the restricted organisms. In (Approved by the Office of Management and accurately indicating the complete order to approve the apiary or Budget under control number 0579–0207) contents of the shipment to the containment facility, an inspector must inspector at the land border port. determine that adequate safeguards are § 322.16 Packaging of shipments. in place to prevent the release of (a) Restricted organisms must be (b) The restricted organisms must be diseases or parasites of bees, or of packed in a container or combination of surrendered at the port of entry and can undesirable species or strains of containers that will prevent the escape continue on to the destination identified honeybees. We will use the following of the organisms and the leakage of any on the permit only by a bonded carrier criteria to determine whether adequate contained materials. The container must (commercial express delivery). safeguards are in place: be sufficiently strong to prevent it from (c) If you fail to present a copy of the rupturing or breaking during shipment. permit and an invoice or packing list 5 To find out if a specific port is staffed by an (b) The outer container must be accurately indicating the complete APHIS inspector, or for a list of ports staffed by contents of the shipment at the port of APHIS inspectors, contact Permit Unit, PPQ, clearly marked with the contents of the APHIS, 4700 River Road Unit 133, Riverdale, MD shipment, i.e., either ‘‘Live Bees,’’ ‘‘Bee entry, an inspector will refuse the 20737–1236; toll-free (877) 770–5990; fax (301) Germ Plasm,’’ or ‘‘Live Bee Brood,’’ and organism’s entry to the United States or 734–8700. the name of the region of origin. confiscate and destroy the refused 6 For a list of approved facilities, or to arrange to material. have a facility inspected by APHIS, contact Permit (c) Only approved packing materials Unit, PPQ, APHIS, 4700 River Road Unit 133, may be used in a shipment of restricted (Approved by the Office of Management and Riverdale, MD 20737–1236; toll-free (877) 770– organisms. Budget under control number 0579–0207) 5990.

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(1) Enclosed containment facilities. (i) plasm resulting from the restricted (b) You may ship restricted organisms Will the facility’s entryways, windows, organisms, from the apiary or facility only aboard aircraft to the United States and other structures, including water, without our prior approval. for transit to another country. air, and waste handling systems, contain (2) You must allow us to inspect the (c) You may transload a shipment of the restricted organisms, parasites and apiary or facility and all documents restricted organisms only once during pathogens, and prevent the entry of associated with the importation or the shipment’s entire transit through the other organisms and unauthorized holding of restricted organisms at any United States and only at an airport in visitors? time to determine whether safeguards the continental United States. You may (ii) Does the facility have operational are being maintained to prevent the not transload restricted organisms in and procedural safeguards in place to release of the restricted organisms, their Hawaii. In Hawaii, the restricted prevent the escape of the restricted progeny and germ plasm, parasites, and organisms must remain on, and depart organisms, parasites, and pathogens, pathogens. for another destination aboard, the same and to prevent the entry of other (3) You must inform us immediately, aircraft on which the shipment arrived organisms and unauthorized visitors? but no later than 24 hours after at the Hawaiian airport. (iii) Does the facility have a means of detection, if restricted organisms escape inactivating or sterilizing restricted from the facility § 322.23 Documentation. organisms and any breeding materials, (d) Release from containment apiary Each shipment of restricted organisms pathogens, parasites, containers, or or facility. (1) After rearing the restricted transiting the United States must be other material? organisms in an approved containment accompanied by a document issued by (2) Containment apiaries. (i) Is the facility or apiary through at least 4 the appropriate regulatory authority of apiary located in an area devoid of months of active reproduction with no the national government of the region of indigenous bees and sufficiently evidence of nonindigenous parasites or origin stating that the shipment has isolated to prevent contact between pathogens or of undesirable been inspected and determined to meet indigenous bees and imported restricted characteristics, you may submit a the packaging requirements in § 322.24. organisms? Is the area extending from request to us for the release of the bees. the apiary to the nearest indigenous The request must include: § 322.24 Packaging of transit shipments. bees constantly unsuitable for foraging (i) Inspection protocols; (a) Restricted organisms transiting the individuals of the imported restricted (ii) Inspection frequencies; United States must be packaged in organisms? (iii) Names and titles of inspectors; securely closed and completely (ii) Does the apiary have sufficient (iv) Complete information, including enclosed containers that prevent the physical barriers to prevent the entry of laboratory reports, on detection of escape of organisms and the leakage of unauthorized visitors? diseases and parasites in the population; any contained materials. The container (iii) Does the apiary have operational (v) Complete notes and observations must be sufficiently strong and durable and procedural safeguards in place to on behavior, such as aggressiveness and to prevent it from rupturing or breaking prevent the escape of the restricted swarming; and during shipment. organisms, parasites, and pathogens, (vi) Any other information or data (b) In addition to the requirements in and to prevent the entry of other relating to bee diseases, parasites, or paragraph (a) of this section, each pallet organisms and unauthorized visitors? adverse species or subspecies. of cages containing honeybees transiting (iv) Does the apiary have a means of (2) Mail your request for release to the the United States must be covered by an inactivating or sterilizing restricted Permit Unit, PPQ, APHIS, 4700 River escape-proof net that is secured to the organisms, and any hives, wax, Road Unit 133, Riverdale, MD 20737– pallet so that no honeybees can escape pathogens, parasites, containers, or 1236, or fax to (301) 734–8700. from underneath the net. (3) When we receive a complete other materials? (c) The outside of the package must be (3) Containment apiaries for request for release from containment, clearly marked with the contents of the honeybees resulting from germ plasm we will evaluate the request and transit shipment, i.e., either ‘‘Live imported from nonapproved regions. determine whether the bees may be Bees,’’ ‘‘Bee Germ Plasm,’’ or ‘‘Live Bee (i) Does the apiary have sufficient released. Our evaluation may include an Brood,’’ and the name of the exporting physical barriers to prevent the entry of environmental assessment or region. unauthorized visitors? environmental impact statement (ii) Are there sufficient physical prepared in accordance with the § 322.25 Notice of arrival. barriers (e.g., excluders) in hives in the National Environmental Policy Act. We At least 2 business days prior to the apiary to prevent the escape of all adult may conduct an additional inspection of expected date of arrival of restricted queen and drone honeybees resulting the bees during our evaluation of the organisms at a port in the continental from the germ plasm? request. You will receive a written United States for in-transit movement, (iii) Does the apiary have operational statement as soon as circumstances you or your shipper must contact the and procedural safeguards in place to allow that approves or denies your port to give the following information: prevent the escape of all queen and request for release of the bees. drone honeybees resulting from the (a) The name of each U.S. airport (Approved by the Office of Management and where the shipment will arrive; germ plasm? Budget under control number 0579–0207) (iv) Does the apiary have a means of (b) The name of the U.S. airport where destroying colonies of honeybees with Subpart D—Transit of Restricted the shipment will be transloaded (if undesirable characteristics that may Organisms Through the United States applicable); result from imported germ plasm? (c) The date of the shipment’s arrival (c) Holding in containment. (1) If we § 322.22 General requirements. at each U.S. airport; issue a permit for importing restricted (a) You may transit restricted (d) The date of the shipment’s organisms into an approved organisms from any region through the departure from each U.S. airport; containment facility or apiary, you may United States to another region only in (e) The names, phone numbers, and not remove or release the restricted accordance with this part. For a list of addresses of both the shipper and organisms, or the progeny or germ restricted organisms, see § 322.13(a). receiver;

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(f) The number of units in the (2) Immersed in liquid nitrogen; or (b) If you import a restricted article shipment (i.e., number of queens or (3) Pinned and dried in the manner of through commercial express delivery, number of cages of package bees); and scientific specimens. you must provide an accurate (g) The name of the airline carrying (b) Dead bees are subject to inspection description of the complete contents of the shipment. at the port of entry in the United States the shipment for the shipment’s (Approved by the Office of Management and to confirm that the requirements of delivery manifest entry. paragraph (a) of this section have been Budget under control number 0579–0207) (c) In addition to the export certificate met. § 322.26 Inspection and handling. required in § 322.30 (if applicable), a § 322.30 Export certificate. restricted article that is imported by (a) All shipments of restricted Each shipment of restricted articles, mail or commercial express delivery organisms transiting the United States must be accompanied by an invoice or are subject to inspection at the port in except for dead bees, imported into or transiting the United States must be packing list accurately indicating the the United States for compliance with complete contents of the shipment. this part. If, upon inspection, a transit accompanied by an export certificate shipment of restricted articles is found issued by the appropriate regulatory (Approved by the Office of Management and not to meet the requirements of this agency of the national government of Budget under control number 0579–0207) part, we will destroy the shipment at the exporting region. The export certificate must state that the articles in § 322.33 Restricted articles in a your expense. commercial bonded vehicle arriving at a (b) Transloading—(1) Adult bees. You the shipment have been treated as land border port in the United States. may transload adult bees from one follows: aircraft to another aircraft at the port of (a) Beeswax. Must have been If you import a restricted article arrival in the United States only under liquefied, and slumgum and honey must through a land border port in the United the supervision of an inspector. If the be removed. States by commercial vehicle (i.e., (b) Honey for bee feed. Heated to 212 adult bees cannot be transloaded automobile or truck), then the person °F (100 °C) for 30 minutes. immediately to the subsequent flight, carrying the package containing the you must store them within a (Approved by the Office of Management and restricted article or the driver of the completely enclosed building. Adult Budget under control number 0579–0207) vehicle must present the export certificate required by § 322.30 (if bees may not be transloaded from an § 322.31 Notice of arrival. aircraft to ground transportation for applicable) and an invoice or packing (a) At least 10 business days prior to slip accurately indicating the complete subsequent movement through the the arrival in the United States of any United States. contents of the shipment to the shipment of restricted articles, you must inspector at the land border port. (2) Bee germ plasm. You may notify APHIS of the impending arrival. transload bee germ plasm from one Your notification must include the § 322.34 Inspection; refusal of entry. aircraft to another at the port of arrival following information: (a) You must present shipments of in the United States only under the (1) Your name, address, and supervision of an inspector. restricted articles to the inspector at the telephone number; port of entry in the United States. § 322.27 Eligible ports for transit (2) The name and address of the Shipments of restricted articles must shipments. recipient of the restricted articles; remain at the port of entry until released (3) The name, address, and telephone You may transit restricted organisms by the inspector. number of the producer; only through a port of entry staffed by (b) The inspector at the port will 7 (4) The date you expect to receive the an APHIS inspector. shipment; confirm that all shipments of restricted Subpart E—Importation and Transit of (5) A description of the contents of articles have proper documentation (see Restricted Articles the shipment (i.e., dead bees, honey for § 322.30) and that you provided notice bee feed, etc.); and of arrival for all shipments of restricted § 322.28 General requirements; restricted (6) The total number of restricted articles (see § 322.32). articles. articles you expect to receive. (c) If, upon inspection, any shipment (a) The following articles from any (b) You must provide the notification fails to meet the requirements of this region are restricted articles: to APHIS through one of the following part, that shipment will be refused entry (1) Dead bees of any genus; means: into the United States. In accordance (2) Beeswax for beekeeping; and (1) By mail to the Permit Unit, PPQ, with § 322.2(c), the inspector will offer (3) Honey for bee feed. APHIS, 4700 River Road Unit 133, you, or in your absence the shipper, the (b) Restricted articles may only be Riverdale, MD 20737–1236; or opportunity to immediately export any (2) By facsimile at (301) 734–8700; or imported into or transit the United refused shipments, or confiscate and States in accordance with this part. (3) By electronic mail to [email protected]. destroy the refused shipments. § 322.29 Dead bees. (Approved by the Office of Management and (Approved by the Office of Management and (a) Dead bees imported into or Budget under control number 0579–0207) Budget under control number 0579–0207) transiting the United States must be § 322.35 Ports of entry. either: § 322.32 Mailed packages. (1) Immersed in a solution containing (a) If you import a restricted article A restricted article may be imported at least 70 percent alcohol or a suitable through the mail or through commercial only at a port of entry staffed by an fixative for genetic research; express delivery, you must mark all APHIS inspector. To find out if a sides of the outside of that package with specific port is staffed by an APHIS 7 To find out if a specific port is staffed by an the contents of the shipment and the inspector, or for a list of ports staffed by APHIS inspector, or for a list of ports staffed by name of the exporting region. The APHIS inspectors, contact Permit Unit, APHIS inspectors, contact Permit Unit, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD marking must be clearly visible using PPQ, APHIS, 4700 River Road Unit 133, 20737–1236; toll-free (877) 770–5990; fax (301) black letters at least 1 inch in height on Riverdale, Maryland 20737–1236; toll- 734–8700. a white background. free (877) 770–5990; fax (301) 734–8700.

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Done in Washington, DC, this 14th day of can be viewed at: http:// jurisdiction to review USDA’s ruling on October 2004. www.ams.usda.gov/fv/moab.html. the petition, provided an action is filed Bill Hawks, FOR FURTHER INFORMATION CONTACT: not later than 20 days after the date of Under Secretary for Marketing and Regulatory Susan M. Hiller, Northwest Marketing the entry of the ruling. Programs. Field Office, Marketing Order This rule revises the quantity of [FR Doc. 04–23416 Filed 10–20–04; 8:45 am] Administration Branch, Fruit and Native spearmint oil that handlers may BILLING CODE 3410–34–P Vegetable Programs, AMS, USDA, 1220 purchase from, or handle for, producers SW. Third Avenue, suite 385, Portland, during the 2004–2005 marketing year, Oregon 97204; telephone: (503) 326– which ends on May 31, 2005. DEPARTMENT OF AGRICULTURE 2724, Fax: (503) 326–7440; or George Specifically, this rule increases the Kelhart, Technical Advisor, Marketing salable quantity from 773,474 pounds to Agricultural Marketing Service Order Administration Branch, Fruit and 1,095,689 pounds, and the allotment Vegetable Programs, AMS, USDA, 1400 percentage from 36 percent to 51 7 CFR Part 985 Independence Avenue SW., STOP 0237, percent for Native spearmint oil for the 2004–2005 marketing year. [Docket No. FV04–985–2 IFR] Washington, DC 20250–0237; telephone: (202) 720–2491, Fax: (202) 720–8938. The salable quantity is the total quantity of each class of oil that Marketing Order Regulating the Small businesses may request handlers may purchase from, or handle Handling of Spearmint Oil Produced in information on complying with this regulation by contacting Jay Guerber, for, producers during a marketing year. the Far West; Revision of the Salable The total salable quantity is divided by Quantity and Allotment Percentage for Marketing Order Administration Branch, Fruit and Vegetable Programs, the total industry allotment base to Class 3 (Native) Spearmint Oil for the determine an allotment percentage. 2004–2005 Marketing Year AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, Each producer is allotted a share of the AGENCY: Agricultural Marketing Service, DC 20250–0237; telephone: (202) 720– salable quantity by applying the USDA. 2491, Fax: (202) 720–8938, or E-mail: allotment percentage to the producer’s individual allotment base for the ACTION: Interim final rule with request [email protected]. applicable class of spearmint oil. for comments. SUPPLEMENTARY INFORMATION: This rule The initial salable quantity and is issued under Marketing Order No. SUMMARY: This rule revises the quantity allotment percentages for Scotch and of Class 3 (Native) spearmint oil 985, as amended (7 CFR part 985), Native spearmint oils for the 2004–2005 produced in the Far West that handlers regulating the handling of spearmint oil marketing year were recommended by may purchase from, or handle for, produced in the Far West (Washington, the Committee at its October 8, 2003, producers during the 2004–2005 Idaho, Oregon, and designated parts of meeting. The Committee recommended marketing year by increasing the salable Nevada and Utah), hereinafter referred salable quantities of 766,880 pounds quantity from 773,474 pounds to to as the ‘‘order.’’ The order is effective and 773,474 pounds, and allotment 1,095,689 pounds, and the allotment under the Agricultural Marketing percentages of 40 percent and 36 percentage from 36 percent to 51 Agreement Act of 1937, as amended (7 percent, respectively, for Scotch and percent. The Spearmint Oil U.S.C. 601–674), hereinafter referred to Native spearmint oils. A proposed rule Administrative Committee (Committee), as the ‘‘Act.’’ was published in the Federal Register The Department of Agriculture the agency responsible for local on January 23, 2004 (69 FR 3272). (USDA) is issuing this rule in administration of the marketing order Comments on the proposed rule were conformance with Executive Order for spearmint oil produced in the Far solicited from interested persons until 12866. West, unanimously recommended this February 23, 2004. No comments were This rule has been reviewed under rule to avoid extreme fluctuations in received. Subsequently, a final rule Executive Order 12988, Civil Justice establishing the salable quantities and supplies and prices and to help Reform. This rule is not intended to allotment percentages for Scotch and maintain stability in the Far West have retroactive effect. This rule will Native spearmint oils for the 2004–2005 spearmint oil market. not preempt any State or local laws, marketing year was published in the DATES: Effective June 1, 2004, through regulations, or policies, unless they Federal Register on March 22, 2004 (69 May 31, 2005; comments received by present an irreconcilable conflict with FR 13213). December 20, 2004 will be considered this rule. Pursuant to authority contained in prior to issuance of a final rule. The Act provides that administrative §§ 985.50, 985.51, and 985.52 of the ADDRESSES: Interested persons are proceedings must be exhausted before order, at its September 13, 2004, invited to submit written comments parties may file suit in court. Under meeting, the Committee unanimously concerning this rule. Comments must be section 608c(15)(A) of the Act, any recommended that the allotment sent to the Docket Clerk, Marketing handler subject to an order may file percentage for Native spearmint oil for Order Administration Branch, Fruit and with USDA a petition stating that the the 2004–2005 marketing year be Vegetable Programs, AMS, USDA, 1400 order, any provision of the order, or any increased by 12 percent from 36 percent Independence Avenue SW., STOP 0237, obligation imposed in connection with to 48 percent. The Committee held Washington, DC 20250–0237; Fax: (202) the order is not in accordance with law another meeting on October 6, 2004, 720–8938; E-mail: and request a modification of the order where, based on an unanticipated [email protected]; or Internet: or to be exempted therefrom. A handler increase in demand, they unanimously http://www.regulations.gov. All is afforded the opportunity for a hearing recommended that the allotment comments should reference the docket on the petition. After the hearing USDA percentage for Native spearmint oil for number and the date and page number would rule on the petition. The Act the 2004–2005 marketing year be of this issue of the Federal Register and provides that the district court of the increased by an additional 3 percent will be made available for public United States in any district in which from 48 percent to 51 percent. Taking inspection in the Office of the Docket the handler is an inhabitant, or has his into consideration the following Clerk during regular business hours, or or her principal place of business, has discussion on adjustments to the Native

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