74585

Rules and Regulations Federal Register Vol. 79, No. 241

Tuesday, December 16, 2014

This section of the FEDERAL REGISTER that accompany articles imported from comments that we received are contains regulatory documents having general a country in which potato cyst discussed below, by topic. applicability and legal effect, most of which nematodes are known to occur; to Comments Regarding ‘‘Bulb’’ and are keyed to and codified in the Code of provide conditions for the importation ‘‘Dormant Herbaceous Perennial’’ Federal Regulations, which is published under of Prunus spp. articles from Canada that 50 titles pursuant to 44 U.S.C. 1510. address the presence of plum pox Section 319.37–1 contains definitions The Code of Federal Regulations is sold by potyvirus in that country; and to of terms used in the regulations. Bulb is the Superintendent of Documents. Prices of provide for the importation of Dianthus defined in that section as: ‘‘The portion new books are listed in the first FEDERAL spp. (carnations) from the Netherlands. of a commonly known as a bulb, REGISTER issue of each week. We are also making other changes to bulbil, bulblet, corm, cormel, rhizome, update and clarify the regulations and to tuber, or pip, and including fleshy roots improve their effectiveness. These or other underground fleshy growths, a OFFICE OF PERSONNEL changes are necessary to relieve unit of which produces an individual MANAGEMENT restrictions that appear unnecessary, to plant.’’ update existing provisions, and to make In the proposed rule, we proposed to 5 CFR Part 532 the regulations easier to understand and revise the definition of bulb. As we implement. proposed to revise it, the definition Prevailing Rate Systems would have been: ‘‘The storage organ of DATES: Effective January 15, 2015. CFR Correction a plant that serves as the plant’s sexual FOR FURTHER INFORMATION CONTACT: Ms. structure during dormancy. Examples ■ In Title 5 of the Code of Federal Heather Coady, Regulatory Policy include bulbs, bulbils, bulblets, corms, Regulations, Parts 1 to 699, revised as of Specialist, for Planting Policy, and cormels. For purposes of this January 1, 2014, on page 445, in PPQ, APHIS, 4700 River Road, Unit 133, subpart, a bulb remains a bulb until appendix C to subpart B of part 532, Riverdale, MD 20737; (301) 851–2076. such time as environmental conditions under Colorado, under the subheading SUPPLEMENTARY INFORMATION: induce it to produce shoots. It is then ‘‘Southern Colorado’’, under ‘‘Area of considered a plant.’’ We proposed this Background Application. Survey area plus:’’, remove revision based on our belief that certain the entry for Montrose. The regulations in 7 CFR part 319 of the types of plant parts provided in [FR Doc. 2014–29465 Filed 12–15–14; 8:45 am] prohibit or restrict the importation of the definition as examples of bulbs were actually better categorized as dormant BILLING CODE 1505–01–D certain plants and plant products into the United States to prevent the herbaceous perennials. introduction of quarantine plant pests. For that reason, we also proposed to add a definition of dormant herbaceous DEPARTMENT OF AGRICULTURE The regulations contained in ‘‘Subpart— Plants for Planting,’’ §§ 319.37 through perennial to the regulations. We Animal and Plant Health Inspection 319.37–14 (referred to below as the proposed to define dormant herbaceous Service regulations), restrict among other things, perennial in the following manner: the importation of living plants, plant ‘‘Except for bulbs, the portions of an 7 CFR Parts 319 and 361 parts, and seeds for propagation or herbaceous perennial that remain after planting. the above-ground parts of the plant have [Docket No. APHIS–2008–0071] On February 12, 2013, we published died back to the earth after the growing RIN 0579–AD47 in the Federal Register (78 FR 9851– season and the plant remains dormant. 9865, Docket No. APHIS–2008–0071) a Examples include rhizomes, tubers, Importation of Plants for Planting proposed rule 1 to amend various tuberous roots, pips, fleshy roots, provisions of the regulations. divisions, and underground fleshy AGENCY: Animal and Plant Health We solicited comments concerning growths. For purposes of this subpart, Inspection Service, USDA. our proposal for 60 days ending April dormant herbaceous perennials remain ACTION: Final rule. 15, 2013. We received eight comments dormant herbaceous perennials until by that date. They were from the such time as environmental conditions SUMMARY: We are amending the national plant protection organization induce them to sprout. They are then regulations on importing plants for (NPPO) of a foreign country, an considered plants.’’ planting to add Turkey to the list of organization representing wholesale Two commenters asked whether it countries from which the importation of exporters of plants for planting from a was our intent to retroactively apply the restricted articles of Chrysanthemum foreign country, a national organization term dormant herbaceous perennial to spp., , and that represents State departments of certain articles that are currently Nipponanthemum nipponicum into the agriculture, a State department of authorized importation into the United United States is prohibited due to the agriculture, a national organization States as bulbs. If so, the commenters presence of white rust of representing gardeners within the asked whether this change in Chrysanthemum; to require permits for nomenclature would have any impact United States, and private citizens. The the importation of any seed that is on preclearance programs or port-of- coated, pelleted, or embedded in a first-arrival procedures for the articles. 1 To view the proposed rule, its supporting substrate that obscures visibility; to documents, or the comments that we received, go The commenters also expressed concern provide for an alternate additional to http://www.regulations.gov/#!docketDetail;D= that adding a definition of dormant declaration on phytosanitary certificates APHIS-2008-0071. herbaceous perennial to the regulations

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could inadvertently adversely impact possibility of future detections of PCN these Prunus spp. from all other trade in bulbs. in other areas of Canada. countries, unless plum pox potyvirus is Another commenter asked what our One commenter agreed with our known to exist in that country. scientific basis was for proposing to proposed amendment and our rationale In our proposed rule, we proposed to classify tubers and pips as dormant that there may be future detections of revise and consolidate paragraphs (b) herbaceous perennials. The commenter PCN in other areas within Canada, but and (j). We proposed to do so primarily pointed out that tubers and pips are the disagreed with our assertion that the in order to make the scope and intent of storage organs for several species of movement of soil in Canada has these paragraphs clearer, but also in plants that do not have above-ground historically not been stringently order to add provisions regarding parts. Conversely, the commenter regulated. The commenter pointed to grafted plants to paragraph (b)(1), in pointed to several species of rhizomes several long-standing directives that the order to update the list of plant diseases, that would not meet our proposed NPPO of Canada has issued that regulate and in order to reflect the detection of definition of dormant herbaceous the movement of soil in Canada. plum pox potyvirus in Canada, perennial because they maintain above- We acknowledge that the NPPO of Argentina, Chile, and . ground parts during the plant’s Canada has long placed restrictions on (We also proposed certain dormancy. the movement of soil in Canada, and harmonizing changes to provisions in The same commenter also stated that agree that the proposed rule should not § 319.37–2 and § 319.37–7 that referred several of the terms used in our have suggested otherwise. We note, to these paragraphs of § 319.37–5. We proposed definitions of bulb and however, that the commenter agreed did so in order to ensure the internal that there is a possibility of future consistency of the regulations.) dormant herbaceous perennial, such as detections of PCN in Canada, and Of the revisions to paragraphs (b) and ‘‘divisions’’ and fleshy growths,’’ are not likewise agreed that this provides a (j) of § 319.37–5 that we proposed, we currently terms with clearly delineated sufficient rationale for our proposed are finalizing those that pertained to the meanings within the field of botany. amendment to the list. Therefore, based importation of Prunus spp. seed into the Similarly, the commenter stated that on this rationale, we are finalizing that United States without modification. most botanists would not consider a amendment. With regard to the other proposed bulb to be a sexual structure. revisions, we are finalizing them with Based on the issues identified and Importation of Restricted Articles of the several modifications. We discuss the concerns raised by commenters, we Genera Chaenomeles, Cydonia, Malus, nature of and reasons for these have decided not to finalize our Prunus, Pyrus, and Vitis modifications in the following proposed revision to the definition of At the time our proposed rule was paragraphs. bulb or our proposed definition of issued, paragraph (b)(1) of § 319.37–5 A commenter agreed with the dormant herbaceous perennial. While contained requirements for the majority of the revisions to the list of we maintain that the current definition importation of restricted articles (except plant diseases that we proposed. of bulb should be revised, we will seeds) of Chaenomeles, Cydonia, Malus, However, the commenter asked us to continue to dialogue with regulated Prunus, and Pyrus spp. from Belgium, remove the following plant diseases entities and other stakeholders Canada, , Germany, Great Britain, from the list: Grapevine corky bark regarding the best manner to do so. and the Netherlands, as well as Vitis ‘‘Legno riccio’’ agent, grapevine leaf roll Comment Regarding Potato Cyst spp. restricted articles (except seeds) viruses, grapevine stem pitting agent, Nematode Prevalence in Canada from Canada. It authorized the and grapevine yellows disease importation of these articles, provided bacterium. The commenter stated that In § 319.37–5, paragraph (a) lists that they are accompanied by a these diseases are widely distributed in regions of the world in which potato phytosanitary certificate with an the United States and are not under cyst nematodes (PCN, Globodera additional declaration that the articles official control by the Animal and Plant rostochiensis (Woll.) Behrens and G. were grown in a nursery and found by Health Inspection Service (APHIS) of pallida (Stone) Behrens) are known to the NPPO of the country in which they the United States Department of exist and places restrictions on the were grown to be free of certain plant Agriculture (USDA). importation of restricted articles from diseases, or alternatively, with an In response to this comment, USDA’s those regions. additional declaration that those plant Agricultural Research Service reviewed In our proposed rule, we proposed to diseases do not occur in that country. the distribution of these diseases within revise and update the list. Among other Paragraph (b)(3) of § 319.37–5 listed the the United States, and agreed with the revisions, we proposed to amend the relevant plant diseases. commenter that they are in fact widely manner in which the list refers to areas Paragraph (b)(2) of § 319.37–5 was distributed. Moreover, the commenter is in Canada that are regulated for PCN. meant to complement paragraph (b)(1), correct that none of these diseases are We pointed out that the list only and contained what were intended to be under official control by APHIS. contains two areas in Canada that the conditions for the importation of Therefore, we are removing the agents NPPO of Canada regulates for PCN, budwood of certain Prunus species that from the list. We are finalizing the other Newfoundland and a portion of the are susceptible to plum pox potyvirus revisions to the list that we proposed. Municipality of Central Saanich in the from Belgium, France, Germany, Great We are finalizing our proposed Province of British Columbia; however, Britain, or the Netherlands. revisions to the requirements for the two other such areas exist, in Alberta Paragraph (j)(1) of § 319.37–5 importation of restricted articles (except and Quebec. For this reason, we contained conditions for the seeds) of Chaenomeles, Cydonia, Malus, proposed to amend the list to refer to all importation of seed of Prunus spp. that Prunus, and Pyrus spp. from Belgium, areas of Canada that are regulated by the are susceptible to plum pox potyvirus Canada, France, Germany, Great Britain, NPPO of Canada for PCN. To further from Belgium, France, Germany, Great and the Netherlands, as well as Vitis justify this amendment, we stated that Britain, or the Netherlands. Paragraph spp. from Canada, with several the movement of soil within Canada has (j)(2) of § 319.37–5 complemented modifications. We have also modified historically not been stringently paragraph (j)(1) and provided additional our proposed revisions to the regulated, and there is a significant conditions for the importation of seed of requirements for the importation of

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budwood of certain Prunus species that of propagation, and are, in other Finally, in the course of reviewing our are susceptible to plum pox potyvirus respects, substantially similar in content proposed revisions to § 319.37–5 in light from Belgium, Canada, France, to our proposed revisions to paragraph of the NAPPRA notice, we realized that Germany, Great Britain, or the (b)(1) of § 319.37–5. However, we both proposed paragraph (b)(4)(i) and Netherlands. We are doing so because of believe that, by dividing paragraph paragraph (b)(4)(ii) of § 319.37–5 could a notice that we published in the (b)(1) into commodity-specific be construed to contain provisions Federal Register on April 18, 2013 (78 subparagraphs, we will provide regarding the importation of seed of FR 23209–23219, Docket No. APHIS– importers and other interested parties Prunus spp. susceptible to plum pox 2011–0072). In that notice, pursuant to with greater clarity regarding our (=Sharka) potyvirus from Belgium, paragraph (b) of § 319.37–2(a), we added importation requirements for a given Canada, France, Germany, Great Britain, Chaenomeles and Cydonia spp. plants species. and the Netherlands. However, we only for planting, except seed, from all The additions to the NAPPRA list in intended proposed paragraph (b)(4)(i) to countries other than Canada; Malus spp. the notice also led us to modify our contain such provisions. As a result, we plants for planting, except seed, from all proposed revisions to paragraph (b)(2) of have made editorial revisions to countries other than Belgium, Canada, § 319.37–5. In this final rule, paragraph paragraph (b)(4)(ii) to clarify its scope. France, Germany, or the Netherlands; (b)(2) of § 319.37–5 now only contains Prunus spp. plants for planting, except conditions for the importation of Comment Regarding the Importation of seed, from all countries other than budwood of Prunus spp. susceptible to Dianthus spp. From the Netherlands Canada and the Netherlands; and Pyrus plum pox potyvirus from the In our proposed rule, we proposed to spp. plants for planting, except seed, Netherlands. authorize the importation of Dianthus from all countries other than Canada to The additions to the NAPPRA list in spp. (carnations) from the Netherlands, a list of taxa whose importation into the the notice required us to modify some subject to certain conditions proposed United States is not authorized pending of our proposed harmonizing changes to to us by the NPPO of the Netherlands. pest risk analysis (referred to below as §§ 319.37–2 and 319.37–7. Within One commenter expressed general the NAPPRA list). § 319.37–7, paragraph (a)(3) contains a concern that the importation of The revisions that we proposed to the table requiring certain restricted articles Dianthus spp. from the Netherlands requirements in paragraph (b)(1) of (excluding seeds) from certain countries could result in the introduction of plant § 319.37–5 regarding the importation of to be grown under post-entry quarantine pests into the United States, but did not restricted articles of Chaenomeles, conditions in order for the articles to be cite any particular plant pest risks or Cydonia, Malus, Prunus, Pyrus, and imported into the United States. The scientific evidence to elaborate on this Vitis spp. predated the issuance of the table had contained entries requiring general concern. notice, and therefore need to be revised post-entry quarantine for Chaenomeles, As we mentioned in the proposed in light of it. Primarily, we wish to Cydonia, and Pyrus spp. restricted rule, we evaluated the conditions for the ensure that paragraph (b)(1) could not articles that meet the conditions for importation of Dianthus spp. from the be construed to authorize the importation in § 319.37–5(b). Netherlands that the NPPO of the importation of Chaenomeles, Cydonia, However, as a result of the changes to Netherlands proposed, and determined Malus, Prunus, Pyrus, or Vitis spp. the NAPPRA list, these species of that they address the plant pest risk restricted articles from a country that articles may only be imported into the associated with such importation. was added to the NAPPRA list in the United States from Canada, and, Controlled Import Permits notice. because of long-standing operational Accordingly, in this final rule, practices, we do not require post-entry In the proposed rule, we proposed to paragraph (b)(1)(i) of § 319.37–5 quarantine for restricted articles from amend § 319.37–1 to add a definition of contains conditions for the importation Canada. As a result, we are removing Administrator to that section. However, of Chaenomeles spp. and Cydonia spp. the entries for Chaenomeles, Cydonia, on May 2, 2013, we published in the restricted articles (except seeds) from and Pyrus spp. restricted articles from Federal Register a final rule (78 FR Canada. Paragraph (b)(1)(ii) of § 319.37– the table. 25565–25572, Docket No. APHIS–2008– 5 contains conditions for the In our proposed rule, the entries for 0055) that amended the regulations to importation of Malus spp. restricted Chaenomeles and Cydonia spp. articles establish the controlled import permit articles (except seeds) from Belgium, in a table in § 319.37–2 would have as a single type of authorization for the Canada, France, Germany, or the prohibited the importation of any importation into the United States of Netherlands. Paragraph (b)(1)(iii) of articles of those species that did not otherwise prohibited or restricted plants § 319.37–5 contains conditions for the meet the conditions for importation in for planting for experimental, importation of Prunus spp. restricted § 319.37–5(b) and § 319.37–7. Because therapeutic, or developmental purposes. articles (except seeds) not susceptible to we have removed the entries for Among other changes, that final rule plum pox potyvirus from Canada or the Chaenomeles and Cydonia spp. added an identical definition of Netherlands. Paragraph (b)(1)(iv) of restricted articles from § 319.37–7, the Administrator to the one we proposed to § 319.37–5 contains conditions for the entries for those species in the table in add to § 319.37–1. Accordingly, since a importation of Pyrus spp. restricted § 319.37–2 do not refer to § 319.37–7. definition of Administrator has already articles (except seeds) from Canada. In our proposed rule, our proposed been added to the regulations, and this Finally, paragraph (b)(1)(v) of § 319.37– revision to the entry in the table in definition mirrors the one we proposed, 5 contains conditions for the § 319.37–7 for Prunus spp. would have we do not need to finalize our proposed importation of Vitis spp. restricted required post-entry quarantine for definition. articles (except seeds) from Canada. Prunus spp. restricted articles imported These paragraphs retain the from all countries listed in § 319.37–5(b) Consolidation of Permits provisions that we would have added to except Canada. In this final rule, as a In the proposed rule, we proposed a paragraph (b)(1) of § 319.37–5 regarding result of the NAPPRA notice, it requires number of revisions to § 319.37–3 of the grafted articles, or articles in which post-entry quarantine for all Prunus spp. regulations. Among other proposed plant parts from one plant are inserted restricted articles imported into the revisions to that section, we proposed to into those of another plant for purposes United States from the Netherlands. revise paragraph (d) to incorporate

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nonsubstantive editorial changes that have been approved by the Office of ■ b. In the definition of from by updated and simplified its language. Management and Budget (OMB) under redesignating paragraphs (a) through (d) However, in a final rule published in OMB control number 0579–0049. as paragraphs (1) through (4), the Federal Register on April 10, 2014 respectively; and E-Government Act Compliance (79 FR 19805–19812, Docket No. ■ c. By revising the definition of APHIS–2011–0085), we simplified the The Animal and Plant Health phytosanitary certificate of inspection. language in paragraph (d) in a manner Inspection Service is committed to The revision reads as follows: which obviates the need for our compliance with the E-Government Act proposed revisions. Accordingly, we are to promote the use of the Internet and § 319.37–1 Definitions. not finalizing these proposed revisions. other information technologies, to * * * * * Therefore, for the reasons given in the provide increased opportunities for Phytosanitary certificate of proposed rule and in this document, we citizen access to Government inspection. A document, including are adopting the proposed rule as a final information and services, and for other electronic versions, that is related to a rule, with the changes discussed in this purposes. For information pertinent to restricted article and is issued not more document. E-Government Act compliance related than 15 days prior to shipment of the to this rule, please contact Ms. Kimberly restricted article from the country in Executive Order 12866 and Regulatory Hardy, APHIS’ Information Management which it was grown and that: Flexibility Act Specialist, at (301) 851–2727. (1) Is patterned after the model This rule has been determined to be certificate of the International Plant not significant for the purposes of List of Subjects Protection Convention, a multilateral Executive Order 12866 and, therefore, 7 CFR Part 319 convention on plant protection under has not been reviewed by the Office of the authority of the Food and Coffee, Cotton, Fruits, Imports, Logs, Management and Budget. Agriculture Organization of the United Nursery stock, Plant diseases and pests, In accordance with the Regulatory States (FAO); Quarantine, Reporting and Flexibility Act, we have analyzed the (2) Is issued by an official of a foreign recordkeeping requirements, Rice, potential economic effects of this action national plant protection organization in Vegetables. on small entities. The analysis identifies one of the five official languages of the importers and wholesale merchants of 7 CFR Part 361 FAO; flowers, nursery stock, and florists’ Agricultural commodities, Imports, (3) Is addressed to the national plant supplies, as well as wholesale Labeling, Quarantine, Reporting and protection organization of the United merchants of fresh fruits and vegetables, recordkeeping requirements, Seeds, States (Animal and Plant Health as the small entities most likely to be Vegetables, Weeds. Inspection Service); affected by this action. The analysis (4) Describes the shipment; Accordingly, we are amending 7 CFR considers the losses that may occur due (5) Certifies the place of origin for all parts 319 and 361 as follows: to relaxing restrictions on the contents of the shipment; importation of certain plants for PART 319—FOREIGN QUARANTINE (6) Certifies that the shipment has planting into the United States, while NOTICES been inspected and/or tested according strengthening or expanding the scope of to appropriate official procedures and is certain other restrictions. The analysis ■ 1. The authority citation for part 319 considered free from quarantine pests of expects such losses to be relatively continues to read as follows: the United States; minor and anticipates that they would (7) Contains any additional not substantively adversely impact Authority: 7 U.S.C. 450, 7701–7772, and 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR declarations required by this subpart; small entities. 2.22, 2.80, and 371.3. and Under these circumstances, the (8) Certifies that the shipment Administrator of the Animal and Plant § 319.37 [Amended] conforms with the phytosanitary Health Inspection Service has ■ 2. In § 319.37, in paragraph (b), the requirements of the United States and is determined that this action would not final sentence is amended by removing considered eligible for importation have a significant economic impact on the words ‘‘and the availability of pursuant to the laws and regulations of a substantial number of small entities. treatment facilities for the article’’ and the United States. Executive Order 12988 adding in their place the words ‘‘the * * * * * This rule has been reviewed under availability of treatment facilities for the ■ 4. In § 319.37–2, in paragraph (a), the Executive Order 12988, Civil Justice article, and any other factors pertaining table is amended as follows: Reform. This rule: (1) Preempts all State to the risk that the article may present ■ a. By removing the entries for and local laws and regulations that are to plants, plant parts, or plant products ‘‘Arikuryoba spp. (arikury palm)’’, inconsistent with this rule; (2) has no within the United States that he or she ‘‘Chrysalidocarpus spp. (butterfly retroactive effect; and (3) does not considers necessary’’. palm)’’, ‘‘Mahoberberis spp. (plants of require administrative proceedings ■ 3. Section 319.37–1 is amended as all species and horticultural varieties before parties may file suit in court follows: not designated as resistant to black stem challenging this rule. ■ a. In the definition of from, in rust in accordance with § 301.38–1 of paragraph (b), by adding the words ‘‘or this chapter)’’, ‘‘Mahoberberis spp. Paperwork Reduction Act an article whose importation into the destined to an eradication State listed in This rule contains no new United States is not authorized pending § 301.38–2(a) of this chapter (plants of information collection or recordkeeping pest risk analysis’’ after the words all species and horticultural varieties requirements under the Paperwork ‘‘prohibited article’’, and by removing designated as resistant to black stem Reduction Act of 1995 (44 U.S.C. 3501 the words ‘‘(c), (d), (e), (f), (g), (h), (i), rust in accordance with § 301.38–1 of et seq.). The information collection or (j)’’ and adding the words ‘‘(b)(2), (b)(3), this chapter)’’, ‘‘Mahoberberis spp. recordkeeping requirements included in (b)(4), (c), (d), (e), (f), (g), (h), (i)’’ in their seed’’, ‘‘Mahonia spp. (mahonia) (plants the regulations amended by this rule place; of all species and horticultural varieties

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

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

******* Chaenomeles spp. (flowering quince) not meeting the con- All ...... A diversity of diseases including but not limited to those ditions for importation in §§ 319.37–5(b). listed for Chaenomeles in § 319.37–5(b). Chrysanthemum spp. (chrysanthemum, includes All ...... Puccinia horiana P. Henn. (white rust of chrysanthemum). Dendranthema spp.) not meeting the conditions for im- portation in §§ 319.37–5(c) and 319.37–7.

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

******* Leucanthemella serotina not meeting the conditions for im- All ...... Puccinia horiana P. Henn. (white rust of chrysanthemum). portation in §§ 319.37–5(c) and 319.37–7.

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

******* Prunus spp. not meeting the conditions for importation in All ...... A diversity of diseases including but not limited to those § 319.37–5(b). listed for Prunus in § 319.37–5(b). Prunus spp. seed only not meeting the conditions for im- All ...... Plum pox (=Sharka) potyvirus. portation in § 319.37–5(b).

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

*******

* * * * * ■ a. By revising paragraphs (a)(1) ■ b. By removing paragraphs (a)(12) ■ 5. Section 319.37–3 is amended as through (11); through (19); and follows: ■ c. By adding paragraph (b).

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The revisions and addition read as (5) Means of transportation, e.g., mail, ■ d. In paragraph (k), by removing the follows: airmail, express, air express, freight, word ‘‘Feijoa’’ and adding the words airfreight, or baggage; and ‘‘Acca sellowiana (O. Berg) Burret’’ in § 319.37–3 Permits. (6) Expected date of arrival. its place; (a) * * * * * * * * ■ e. In paragraph (m), by adding the (1) Lots of 13 or more articles (other ■ 6. Section 319.37–4 is amended as words ‘‘, and unless the article is subject than seeds of herbaceous plants, follows: to the postentry quarantine precleared bulbs of a taxon approved by ■ a. By revising paragraph (a) requirements of § 319.37–7(a)’’ at the APHIS for preclearance, or sterile introductory text; end of the sentence; and cultures of orchid plants) from any ■ b. In paragraph (a)(4), by removing the ■ f. In paragraph (v)(4)(iv), by removing country or locality except Canada; word ‘‘Bulbs’’ and adding the words the words ‘‘to the plants’’. (2) Seeds of non-herbaceous plants, ‘‘Small packages of bulbs offered to The revisions read as follows: such as trees and shrubs, from any travelers returning’’ in its place, and by country or locality except Canada; adding the word ‘‘within’’ before the § 319.37–5 Special foreign inspection and (3) Articles subject to the words ‘‘6 weeks after the issuance’’; and certification requirements. requirements of § 319.37–5; ■ c. In paragraph (b), by removing the (a) Any restricted article (except (4) Articles subject to the postentry words ‘‘may be sampled and inspected’’ seeds, unrooted cuttings, and articles quarantine conditions of § 319.37–7; and adding the words ‘‘must be declared solely for food, analytical, or (5) Small lots of seed imported in presented for inspection’’ in their place. manufacturing purposes) from Albania, accordance with § 319.37–4(d) of this The revision reads as follows: Algeria, Argentina, Armenia, Australia, subpart; Austria, Azerbaijan, Azores, , (6) Articles subject to treatment and § 319.37–4 Inspection, treatment, and Belgium, Bolivia, , Canada (all other requirements of § 319.37–6; phytosanitary certificates of inspection. (7) Seed of herbaceous plants for (a) Phytosanitary certificates of areas regulated by the national plant planting that is coated, pelleted, or inspection. Any restricted article offered protection organization of Canada for embedded in a substrate that obscures for importation into the United States potato cyst nematodes), Channel visibility; must be accompanied by a Islands, Chile, Columbia, Costa Rica, (8) Articles (except seeds) of Malus phytosanitary certificate, unless the Crete, Croatia, Cyprus, , spp. (apple, crabapple), Pyrus spp. article is explicitly exempted from this Denmark (including Faeroe Islands), (pear), Prunus spp., Cydonia spp. requirement in the paragraphs below. Ecuador, Egypt, Estonia, Falkland (quince), Chaenomeles spp. (flowering The phytosanitary certificate must Islands, Finland, France, Georgia, quince), Rubus spp. (cloudberry, identify the of the article it Germany, Great Britain, Greece, blackberry, boysenberry, dewberry, accompanies. When the regulations in Guernsey, , Iceland, India, loganberry, raspberry), and Vitis spp. this subpart place restrictions on Indonesia, Ireland, Italy, Japan, Jersey, (grape) from Canada; individual species or cultivars within a Jordan, Kazakhstan, Kyrgyzstan, Latvia, (9) Articles (except seeds) of Fraxinus genus, the phytosanitary certificate must Lebanon, Libya, Liechtenstein, spp. (ash) from counties or municipal also identify the species or cultivar of Lithuania, Luxembourg, Malta, Mexico, regional counties in Canada that are not the article it accompanies. If the plant Republic of Moldova, Morocco, the regulated for emerald ash borer (EAB) is grafted, budded, or otherwise Netherlands, New Zealand, Northern but that are within an EAB-regulated contains interpolated plant parts, the Ireland, Norway, Pakistan, Panama, Province or Territory and are not phytosanitary certificate must list the Peru, the Philippines, , Portugal prohibited under § 317.37–2; identity of any plant parts (e.g., scion, (including Madeira), , Russian (10) Articles (except seeds) of Pinus rootstock, or interstem) that belong to Federation, and Montenegro, spp. from Canada; and restricted taxa to the lowest regulated Sierra Leone, Slovakia, Slovenia, South (11) Solanum tuberosum true seed taxon, e.g., genus, species, or cultivar. Africa, Spain (including Canary Islands from New Zealand and the X region of Otherwise, identification of the species and Mallorca), Sri Lanka, Sweden, Chile (that area of Chile between 39° is strongly preferred, but not required. , Tajikistan, Tunisia, and 44° South latitude—see § 317.37– Intergeneric and interspecific hybrids Turkey, Turkmenistan, , 5(o)); must be designated by placing the Uzbekistan, and Venezuela must be (b) An application for a written permit multiplication sign ‘‘x’’ between the accompanied by a phytosanitary should be submitted to the Plant names of the parent taxa. If the hybrid certificate of inspection with an Protection and Quarantine Programs is named, the multiplication sign may additional declaration either: (Animal and Plant Health Inspection instead be placed before the name of an (1) That the article was grown on land Service, Plant Protection and intergeneric hybrid or before the epithet or in a substrate which has been Quarantine, 4700 River Road Unit 136, in the name of an interspecific hybrid. microscopically inspected by the Riverdale, MD 20737–1236) at least 30 Phytosanitary certificates are not national plant protection organization of days prior to the arrival of the article at required to accompany the following the country in which it was grown the port of entry. The completed restricted articles: within 12 months preceding issuance of application must contain the following * * * * * the certificate and found free from information: ■ 7. Section 319.37–5 is amended as potato cyst nematodes, Globodera (1) Name, address, and telephone follows: rostochiensis (Woll.) Behrens and G. number of the importer; ■ a. By revising paragraphs (a), (b), and pallida (Stone) Behrens; or (2) Approximate quantity and kinds (c); (2) That the article has been grown (botanical designations) of articles ■ b. In paragraph (d), by adding the within a secure environment in a intended to be imported; words ‘‘or the Netherlands’’ after the production area that is free of potato (3) Country(ies) or locality(ies) where words ‘‘Great Britain’’ each time they cyst nematodes, in a soilless growing grown; occur; medium, or in vitro, and has never been (4) Intended United States port of ■ c. By removing and reserving grown in soil nor come in contact with entry; paragraph (j); soil.

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(b)(1)(i) Restricted articles (except determine that the nursery is free of the offered for importation belongs to a seeds) of Chaenomeles spp. (flowering specified pathogens. An additional taxon listed within this paragraph as a quince) or Cydonia spp. (quince) from declaration on the phytosanitary regulated taxon, the additional Canada, at the time of arrival at the port certificate of inspection by the national declaration must address the quarantine of first arrival in the United States, must plant protection organization that a pests and related restrictions associated be accompanied by a phytosanitary pathogen does not occur in the country with that taxon. The additional certificate that contains an additional in which the article is grown may be declaration must list all plant parts of declaration that the article was grown in used in lieu of visual examination and regulated taxa that have been a nursery in Canada and that the article indexing of the parent stock for that incorporated into the finished plant. was found by the national plant pathogen and inspection of the nursery. (iv) Restricted articles (except seeds) protection organization of Canada to be Finally, for articles containing more of Pyrus spp. (pear) from Canada, at the free of the injurious plant pathogens than one plant part (e.g., grafted or time of arrival at the port of first arrival listed in paragraphs (b)(5)(i), (ii), (iv), budded plants), if the scion, interstem, in the United States, must be (xviii), (xix), (xx), and (xxi) of this rootstock, or any other plant part of the accompanied by a phytosanitary section. The determination by the finished plant that is offered for certificate that contains an additional national plant protection organization importation belongs to a taxon listed declaration that the article was grown in that the article is free of these pathogens within this paragraph as a regulated a nursery in Canada and that the article will be based on visual examination and taxon, the additional declaration must was found by the national plant indexing of the parent stock of the address the quarantine pests and related protection organization of Canada to be article and inspection of the nursery restrictions associated with that taxon. free of the injurious plant pathogens where the restricted article is grown to The additional declaration must list all listed in paragraphs (b)(5)(i), (ii), (iv), determine that the nursery is free of the plant parts of regulated taxa that have (v), (xviii), (xix), (xx), (xliii), and (xliv) specified pathogens. An additional been incorporated into the finished of this section. The determination by the declaration on the phytosanitary plant. national plant protection organization that the article is free of these pathogens certificate of inspection by the national (iii) Restricted articles (except seeds) will be based on visual examination and plant protection organization that a of Prunus spp. (almond, apricot, cherry, indexing of the parent stock of the pathogen does not occur in Canada may cherry laurel, English laurel, nectarine, article and inspection of the nursery be used in lieu of visual examination peach, plum, prune) not susceptible to and indexing of the parent stock for that where the restricted article is grown to plum pox (=Sharka) potyvirus (P. determine that the nursery is free of the pathogen and inspection of the nursery. avium, P. cerasus, P. effusa, P. Finally, for articles containing more specified pathogens. An additional laurocerasus, P. mahaleb, P. padus, P. declaration on the phytosanitary than one plant part (e.g., grafted or sargentii, P. serotina, P. serrula, P. budded plants), if the scion, interstem, certificate of inspection by the national serrulata, P. subhirtella, P. yedoensis, plant protection organization that a rootstock, or any other plant part of the and P. virginiana) from Canada or the finished plant that is offered for pathogen does not occur in Canada may Netherlands, at the time of arrival at the be used in lieu of visual examination importation belongs to a taxon listed port of first arrival in the United States, within this paragraph as a regulated and indexing of the parent stock for that must be accompanied by a pathogen and inspection of the nursery. taxon, the additional declaration must phytosanitary certificate that contains Finally, for articles containing more address the quarantine pests and related an additional declaration that the article than one plant part (e.g., grafted or restrictions associated with that taxon. was grown in a nursery in Canada or the budded plants), if the scion, interstem, The additional declaration must list all Netherlands and that the article was rootstock, or any other plant part of the plant parts of regulated taxa that have found by the national plant protection finished plant that is offered for been incorporated into the finished organization of the country in which it importation belongs to a taxon listed plant. was grown to be free of the injurious within this paragraph as a regulated (ii) Restricted articles (except seeds) plant pathogens listed in paragraphs taxon, the additional declaration must of Malus spp. (apple, crabapple) from (b)(5)(i), (x) through (xvii), (xxii), and address the quarantine pests and related Belgium, Canada, France, Germany, or (xliii) of this section. The determination restrictions associated with that taxon. the Netherlands, at the time of arrival at by the national plant protection The additional declaration must list all the port of first arrival in the United organization that the article is free of plant parts of regulated taxa that have States, must be accompanied by a these pathogens will be based on visual been incorporated into the finished phytosanitary certificate that contains examination and indexing of the parent plant. an additional declaration that the article stock of the article and inspection of the (v) Restricted articles (except seeds) of was grown in a nursery in Belgium, nursery where the restricted article is Vitis spp. (grape) from Canada, at the Canada, France, Germany, or the grown to determine that the nursery is time of arrival at the port of first arrival Netherlands, and that the article was free of the specified pathogens. An in the United States, must be found by the national plant protection additional declaration on the accompanied by a phytosanitary organization of the country in which it phytosanitary certificate of inspection certificate that contains an additional was grown to be free of the injurious by the national plant protection declaration that the article was grown in plant pathogens listed in paragraphs organization that a pathogen does not a nursery in Canada and that the article (b)(5)(i), (ii), (iii), (vi), (vii), (viii), (xxii), occur in the country in which the article was found by the national plant (xxiii), (xl), (xli), (xlii), and (xliii) of this is grown may be used in lieu of visual protection organization of Canada to be section. The determination by the examination and indexing of the parent free of the injurious plant pathogens national plant protection organization stock for that pathogen and inspection listed in paragraphs (b)(5)(xiv) through that the article is free of these pathogens of the nursery. Finally, for articles (xvii) and (xxiv) through (xxxix) of this will be based on visual examination and containing more than one plant part section. The determination by the indexing of the parent stock of the (e.g., grafted or budded plants), if the national plant protection organization article and inspection of the nursery scion, interstem, rootstock, or any other that the article is free of these pathogens where the restricted article is grown to plant part of the finished plant that is will be based on visual examination and

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indexing of the parent stock of the and that the article was grown in an area containing an accurate additional article and inspection of the nursery that has been surveyed and found free declaration that plum pox (=Sharka) where the restricted article is grown to of plum pox (=Sharka) potyvirus potyvirus does not occur in the country determine that the nursery is free of the according to a surveying protocol in which the seeds were produced. The specified pathogens. An additional mutually agreed upon by APHIS and the importation of seeds of Prunus spp. declaration on the phytosanitary national plant protection organization of susceptible to plum pox (=Sharka) certificate of inspection by the national Canada. The determination by the potyvirus (species other than P. avium, plant protection organization that a national plant protection organization of P. cerasus, P. effusa, P. laurocerasus, P. pathogen does not occur in Canada may Canada that the article is free of these mahaleb, P. padus, P. sargentii, P. be used in lieu of visual examination pathogens will be based on visual serotina, P. serrula, P. serrulata, P. and indexing of the parent stock for that examination and indexing of the parent subhirtella, P. yedoensis, and P. pathogen and inspection of the nursery. stock of the article and inspection of the virginiana) from Belgium, Canada, Finally, for articles containing more nursery where the restricted article is France, Germany, Great Britain, and the than one plant part (e.g., grafted or grown to determine that the nursery is Netherlands is authorized subject to the budded plants), if the scion, interstem, free of the specified pathogens. An conditions of paragraph (b)(4)(i) of this rootstock, or any other plant part of the additional declaration on the section. The importation of seeds of finished plant that is offered for phytosanitary certificate of inspection Prunus spp. susceptible to plum pox importation belongs to a taxon listed by the national plant protection (=Sharka) potyvirus (species other than within this paragraph as a regulated organization of Canada that a pathogen P. avium, P. cerasus, P. effusa, P. taxon, the additional declaration must does not occur in Canada may be used laurocerasus, P. mahaleb, P. padus, P. address the quarantine pests and related in lieu of visual examination and sargentii, P. serotina, P. serrula, P. restrictions associated with that taxon. indexing of the parent stock for that serrulata, P. subhirtella, P. yedoensis, The additional declaration must list all pathogen and inspection of the nursery. and P. virginiana) from all other plant parts of regulated taxa that have Finally, if any part of the article is not countries in , as well as been incorporated into the finished from Canada, but rather from a third Argentina, Chile, Cyprus, Japan, Syria, plant. country, that article must meet the entry and Turkey, is prohibited. (2) Budwood of Prunus spp. requirements of this subpart as if the (5) List of pathogens: susceptible to plum pox (=Sharka) article had been directly imported into (i) Monilinia fructigena (Aderh. & potyvirus (species other than P. avium, the United States from that third Ruhl.) Honey (Brown rot of fruit). P. cerasus, P. effusa, P. laurocerasus, P. country. (ii) Guignardia piricola (Nose) mahaleb, P. padus, P. sargentii, P. (4)(i) Seeds of Prunus spp. susceptible Yamomoto (Leaf, branch, and fruit serotina, P. serrula, P. serrulata, P. to plum pox (=Sharka) potyvirus disease). subhirtella, P. yedoensis, and P. (species other than P. avium, P. cerasus, (iii) Apple proliferation phytoplasma. virginiana) and grown in the P. effusa, P. laurocerasus, P. mahaleb, P. (iv) Pear blister canker apscaviroid. Netherlands may be imported into the padus, P. sargentii, P. serotina, P. (v) Pear bud drop virus. United States only if it is accompanied serrula, P. serrulata, P. subhirtella, P. (vi) Diaporthe mali Bres. (Leaf, by a phytosanitary certificate with an yedoensis, and P. virginiana) from branch, and fruit fungus). additional declaration that the original Belgium, Canada, France, Germany, (vii) Apple green crinkle agent (Apple parent stock (nuclear stock) has been Great Britain, or the Netherlands shall, false sting virus). indexed and found free of pathogens in at the time of arrival at the port of first (viii) Apple chat fruit agent (Apple paragraphs (b)(5)(i), (ix) through (xvii), arrival at the United States, be small fruit). (xxii), (xliii), and (xliv) of this section by accompanied by a phytosanitary (ix) Plum pox (=Sharka) potyvirus and the appropriate national fruit tree certificate of inspection containing its strains. certification program, and only if the accurate additional declarations that: (x) Cherry leaf roll nepovirus (Elm original parent stock from which the (A) The seeds are from parent stock mosaic virus, golden elderberry virus). budwood is taken is produced within a grown in a nursery in Belgium, Canada, (xi) European cherry rusty mottle secure, enclosed, APHIS-approved pest- France, Germany, Great Britain, or the virus. exclusionary facility within a national Netherlands that is free of plum pox (xii) European stone fruit yellows plant protection organization-operated (=Sharka) potyvirus; and phytoplasma (Apricot chlorotic leaf roll or -approved nuclear stock program (B) The seeds have been found by the agent). where the parent stock is maintained in national plant protection organization of (xiii) Plum bark split trichovirus. a pathogen-free state. the country in which they are produced (xiv) Arabis mosaic nepovirus and its (3) Restricted articles, except seeds, of to be free of plum pox (=Sharka) strains. Prunus spp. susceptible to plum pox potyvirus based on the testing of parent (xv) Raspberry ringspot nepovirus (=Sharka) potyvirus (species other than stock by visual examination and (European cherry rasp leaf) and its P. avium, P. cerasus, P. effusa, P. indexing. strains. laurocerasus, P. mahaleb, P. padus, P. (ii) Seeds of Prunus spp. susceptible (xvi) Tomato blackring nepovirus sargentii, P. serotina, P. serrula, P. to plum pox (=Sharka) potyvirus (Myrobalan latent ringspot, peach shoot serrulata, P. subhirtella, P. yedoensis, (species other than P. avium, P. cerasus, stunting) and its strains. and P. virginiana) from Canada must be P. effusa, P. laurocerasus, P. mahaleb, P. (xvii) Strawberry latent ringspot accompanied by a phytosanitary padus, P. sargentii, P. serotina, P. sadwavirus (Peach willow leaf rosette, certificate that contains an additional serrula, P. serrulata, P. subhirtella, P. Court noue) and its strains. declaration that the article was grown in yedoensis, and P. virginiana) from all (xviii) Quince sooty ringspot agent. a nursery in Canada, that the article was countries except for the countries of (xix) Quince yellow blotch agent (Pear found by the national plant protection Europe, Argentina, Canada, Chile, yellow blotch agent, Apple rubbery organization of Canada to be free of the Cyprus, Japan, Syria, and Turkey, shall, wood phytoplasma). injurious plant pathogens listed in at the time of arrival at the port of first (xx) Quince stunt agent. paragraphs (b)(5)(i), (ix) through (xvii), arrival, be accompanied by a (xxi) Gymnosporangium asiaticum (xxii), (xliii), and (xliv) of this section, phytosanitary certificate of inspection, Miyabe ex. Yamada (Rust).

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(xxii) Valsa mali Miyabe and Yamada (xxxvi) Pseudopeziza tracheiphila protection organization of the country in ex. Miura (Branch canker fungus). Muller-Thur-gau. which the article was grown to be free (xxiii) Apple ringspot agent (Apple (xxxvii) Rhacodiella vitis Sterenberg. of white rust of chrysanthemum (caused thumb mark, Thumb mark, Apple (xxxviii) Rosellinia necatrix Prill. by the rust fungus Puccinia horiana P. Henderson spot agent). (xxxix) Septoria melanosa (Vialla and Henn.) based on visual examination of (xxiv) The following nematode Ravav) Elenk. parent stock, the articles for transmitted viruses: Artichoke Italian (xl) Apple fruit crinkle apscaviroid. importation, and the greenhouse (xli) Apple dimple fruit apscaviroid. latent virus, Grapevine Bulgarian latent nursery in which the articles for (xlii) Apple scar skin apscaviroid. virus, Grapevine fanleaf virus and its (xliii) Monilinia polystroma. importation and the parent stock were strains, and Hungarian chrome mosaic (xliv) Apricot pseudo-chlorotic leaf grown, once a month for 4 consecutive virus. spot trichovirus. months immediately prior to (xxv) Grapevine asteroid mosaic (c) Any restricted article (except importation. Such articles are also agent. seeds) of Chrysanthemum spp. subject to the postentry quarantine (xxvi) Grapevine Bratislava mosaic (chrysanthemum, includes requirements of § 319.37–7. virus. Dendranthema spp.), Leucanthemella * * * * * (xxvii) Grapevine chasselas latent serotina, or Nipponathemum ■ 8. Section 319.37–6 is amended as agent. nipponicum, from a foreign place except follows: (xxviii) Grapevine little leaf agent. Asia, Europe, South America, Australia, ■ (xxix) Grapevine vein mosaic agent. Mexico, New Zealand, Oceania a. In paragraph (a), in the table, by (xxx) Grapevine vein necrosis agent. (Melanesia, Micronesia, and Polynesia), adding an entry for ‘‘Dioscorea spp. (xxxi) Flavescence-doree Republic of South Africa, and Tunisia (yam) plants for planting, including, but phytoplasma. shall, at the time of arrival at the port not limited to, bulbs, minisetts, and (xxxii) Black wood phytoplasma of first arrival in the United States, be yam-setts’’ in alphabetical order; and (bois-noir). accompanied by a phytosanitary ■ b. By adding paragraph (e). (xxxiii) Grapevine infectious necrosis certificate of inspection. The The additions read as follows: bacterium. phytosanitary certificate of inspection (xxxiv) Xanthomonas ampelina must contain a declaration that the § 319.37–6 Specific treatment and other Panagopoulas. article was grown in a greenhouse requirements. (xxxv) Peyronellaea glomerata Ciferri. nursery and found by the national plant (a) * * *

Seed/bulb Country/locality Pest(s) for which treatment is required

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

*******

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

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

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

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

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

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

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

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

******* Prunus spp. meeting the conditions for importation in § 319.37–5(b) ..... The Netherlands.

*******

* * * * * § 319.37–11 [Amended] NUCLEAR REGULATORY (d) * * * COMMISSION ■ 12. Section 319.37–11 is amended by (8) To keep the article under postentry adding the words ‘‘that must be 10 CFR Part 72 quarantine conditions until the National accompanied by a permit in accordance Postentry Quarantine Coordinator issues with § 319.37–3(a)(1) through (11)’’ after RIN 3150–AJ40 a written release for the article. the words ‘‘restricted article’’. * * * * * [NRC–2014–0102] PART 361—IMPORTATION OF SEED § 319.37–8 [Amended] List of Approved Spent Fuel Storage AND SCREENINGS UNDER THE Casks: Holtec International HI–STORM ■ 10. In § 319.37–8, paragraph (b)(2) is FEDERAL SEED ACT FLOOD/WIND System; Certificate of amended by removing the words Compliance No. 1032, Amendment ‘‘Newfoundland or from that portion of ■ 13. The authority citation for part 361 No. 1 the Municipality of Central Saanich in continues to read as follows: the Province of British Columbia east of AGENCY: Nuclear Regulatory the West Saanich Road’’ and adding the Authority: 7 U.S.C. 1581–1610; 7 CFR 2.22, 2.80, and 371.3. Commission. words ‘‘all areas of Canada regulated by ACTION: Direct final rule; confirmation of the national plant protection § 361.2 [Amended] effective date. organization of Canada for potato cyst nematode’’ in their place. ■ 14. In § 361.2, paragraph (d) is SUMMARY: The U.S. Nuclear Regulatory ■ 11. In § 319.37–10, paragraph (c) is amended by adding the words ‘‘and in Commission (NRC) is confirming the revised to read as follows: addition to the restrictions of § 319.37– effective date of December 17, 2014, for 3(a)(7),’’ before the words ‘‘coated or the direct final rule that was published § 319.37–10 Marking and identity. pelleted seed’’, and by adding the words in the Federal Register on October 3, * * * * * ‘‘, or seed that is embedded in a 2014. This direct final rule amended the (c) Any restricted article for substrate that obscures visibility’’ after NRC’s spent fuel storage regulations by importation (by mail or otherwise), at the words ‘‘coated or pelleted seed’’. revising the Holtec International HI– the time of importation or offer for STORM FLOOD/WIND (FW) System Done in Washington, DC, this 5th day of listing within the ‘‘List of approved importation into the United States shall December 2014. be accompanied by an invoice or spent fuel storage casks’’ to include Kevin Shea, packing list indicating the scientific Amendment No. 1 to Certificate of names of the articles, at least to the level Administrator, Animal and Plant Health Compliance (CoC) No. 1032. of genus, and the quantity of plants for Inspection Service. DATES: The effective date of December planting in the shipment. Quantity must [FR Doc. 2014–29114 Filed 12–15–14; 8:45 am] 17, 2014, for the direct final rule be expressed in the number of plant BILLING CODE 3410–34–P published October 3, 2014 (79 FR units, or in the case of seeds, by weight 59623), is confirmed. in grams or kilograms. Finally, when the ADDRESSES: Please refer to Docket ID regulations in this subpart place NRC–2014–0102 when contacting the restrictions on individual species or NRC about the availability of cultivars within a genus, the invoice or information for this action. You may packing list must also identify the obtain publicly-available information species or cultivar of the articles. related to this action by any of the * * * * * following methods:

VerDate Sep<11>2014 16:25 Dec 15, 2014 Jkt 235001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 tkelley on DSK3SPTVN1PROD with RULES