15805

Rules and Regulations Federal Register Vol. 72, No. 63

Tuesday, April 3, 2007

This section of the FEDERAL REGISTER 319.37–14 (referred to below as the proposal regarding production site contains regulatory documents having general nursery stock regulations) restrict, registration was inconsistent. The applicability and legal effect, most of which among other things, the importation of background section of the proposed rule are keyed to and codified in the Code of living , parts, and seeds for stated that all production sites in Federal Regulations, which is published under propagation. Conditions governing the countries where CWR is known to occur 50 titles pursuant to 44 U.S.C. 1510. importation of cut flowers into the would have to register with their The Code of Federal Regulations is sold by United States are contained in NPPOs. The proposed regulatory text the Superintendent of Documents. Prices of ‘‘Subpart—Cut Flowers’’ (§§ 319.74–1 stated that cut flowers would have to new books are listed in the first FEDERAL through 319.74–4, referred to below as originate from production sites that REGISTER issue of each week. the cut flowers regulations). were registered with their country’s On July 7, 2005, we published in the NPPO. It is our intent to only require Federal Register (70 FR 39194–39199, those production sites that wish to ship DEPARTMENT OF AGRICULTURE Docket No. 03–016–1) a proposal 1 to CWR-susceptible species of cut flowers amend the cut flowers regulations to to the United States to register with Animal and Plant Health Inspection establish specific requirements for the their NPPOs. Because the error appeared Service importation of cut flowers that are hosts only in the background section, it is not of white rust (CWR) necessary to make a change in the 7 CFR Part 319 from countries where the disease is regulatory text in this final rule. [Docket No. 03–016–3] known to occur. We also proposed to One commenter took issue with our amend the nursery stock regulations to statement that CWR is not established in RIN 0579–AC18 update lists of countries where CWR is the United States. The commenter said known to occur. that the CWR status of a country should Cut Flowers From Countries With We solicited comments concerning Chrysanthemum White Rust be based on official survey information our proposal for 60 days ending in conformance with international AGENCY: Animal and Plant Health September 6, 2005. On September 20, standards. Also, the commenter stated Inspection Service, USDA. 2005, we published a document in the that we should recognize areas within ACTION: Final rule. Federal Register (70 FR 55036, Docket countries as pest-free rather than No. 03–016–2) reopening the comment considering the entire country to be SUMMARY: We are amending the cut period for our proposed rule until affected, and that this recognition flowers regulations to establish specific October 21, 2005. We received eight should be based upon official surveys requirements for the importation of cut comments by that date. The comments conducted in accordance with the flowers that are hosts of chrysanthemum were from representatives of State and International Plant Protection foreign governments, industry white rust (CWR) from countries where Convention’s (IPPC) standards for pest- organizations, importers and exporters, the disease is known to occur. We are free areas. and distributors. Two of those also amending the nursery stock We maintain that CWR is not commenters supported the proposed regulations to update lists of countries established in the United States. Based rule. The remaining commenters where CWR is known to occur. We are on the definitions given in the expressed some reservations, which are making these changes in order to make International Standards for discussed below. our cut flowers and nursery stock Phytosanitary Measures (ISPM) No. 8, regulations consistent. This action is General Comments ‘‘Determination of Pest Status in an necessary because of numerous recent Area,’’ when CWR is found in the findings of CWR on cut flowers from Two commenters stated that information about production site United States, it fits under the category that pose a risk of introducing of ‘‘Transient: Actionable, under CWR in the United States. registration in the background section and the rule portion was inconsistent. eradication.’’ The explanation of this DATES: Effective Date: May 3, 2007. Specifically, the commenters stated that category given in ISPM No. 8 is that FOR FURTHER INFORMATION CONTACT: Mr. it was unclear if all cut flower ‘‘the pest has been detected as an Tony Roman, Import Specialist, production sites in countries where isolated population which may survive Commodity Import Analysis and CWR is known to occur would have to into the immediate future and, without Operation, PPQ, APHIS, 4700 River register with their national plant phytosanitary measures for eradication, Road Unit 133, Riverdale, MD 20737– protection organizations (NPPOs) or if may establish. Appropriate 1231; (301) 734–8758. only those wishing to export to the phytosanitary measures have been SUPPLEMENTARY INFORMATION: United States would have to do so. applied for its eradication.’’ As stated in the proposed rule, whenever CWR has Background The commenter is correct, in that the wording used in the background section been detected in the United States, we The regulations in 7 CFR part 319 and the proposed regulatory text in our have taken immediate action to prohibit or restrict the importation of eradicate the disease. With regard to plants, plant parts, and related materials 1 To view the proposed rule and the comments recognizing areas within countries as to prevent the introduction of plant we received, go to http://www.regulations.gov, click CWR-free, we have not identified any pests into the United States. The on the ‘‘Advanced Search’’ tab, and select ‘‘Docket CWR-free areas within the countries Search.’’ In the Docket ID field, enter APHIS–2005– regulations in ‘‘Subpart-Nursery Stock, 0061, then click on ‘‘Submit.’’ Clicking on the where the disease is known to occur at Plants, Roots, Bulbs, Seeds, and Other Docket ID link in the search results page will this time, but would be willing to do so Plant Products,’’ §§ 319.37 through produce a list of all documents in the docket. if an affected country submits to APHIS

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scientific documentation that in monitoring the effectiveness of each One commenter stated that plants for demonstrates the pest-free status of an country’s program will primarily be planting pose a greater risk than cut area or areas within the country, and if APHIS employees who are already flowers because cut flowers will shortly the area otherwise meets the working closely with the NPPO in each end up in someone’s home, while plants requirements in ISPM No. 4 country. With regard to eradication for planting can be propagated. ‘‘Requirements for the Establishment of measures, it is not our intention to The regulations in § 319.37–2 prohibit Pest Free Areas.’’ dictate which measures a country uses the importation of CWR-susceptible One commenter stated that risk to eradicate CWR once it is detected. species of plants for planting from mitigations should be based on a pest Our concern is with ensuring that the countries where the disease is known to risk analysis, but noted that no pest risk measures used by the production site occur. In addition, the regulations in analysis was done for the proposed rule. have been effective and that the pest § 319.37–5(c) require that restricted The commenter stated that it would be risk within the production site has been articles from countries where CWR is useful for APHIS to communicate to eliminated. not known to occur be accompanied by NPPOs the risks that have been One commenter stated that the a phytosanitary certificate with a identified by APHIS in this matter. of the Chrysanthemum declaration that the ‘‘article was grown We explained in our proposed rule has changed over the years and that the in a greenhouse nursery and found by that we have been administratively table of CWR hosts in § 319.74–2 should the plant protection service of the regulating cut flowers from countries reflect these changes. The commenter country in which grown to be free of where CWR is known to occur since noted that the plants belonging to the CWR based on visual examination of the 1974. Under these circumstances, we former Chrysanthemum spp. complex parent stock, the articles for believe that it is unnecessary to conduct have been transferred to several other importation, and the greenhouse a formal pest risk analysis. We also genera and that only three species are nursery in which the articles for stated in our proposed rule that we are now recognized as belonging to the importation and the parent stock were currently applying similar genus Chrysanthemum (i.e., C. grown, once a month for 4 consecutive administrative restrictions to cut flowers carinatum, C. coronarium and C. months immediately prior to from Mexico and the Netherlands and segetum). The commenter added that importation.’’ that these measures have been effective these species are not hosts to CWR. The One commenter stated that we should in preventing the introduction of CWR commenter also stated that the common clarify that Myclobutanil is the only by cut flowers from those countries. name ‘‘chrysanthemum’’ should be fungicide listed that is intended for Two commenters stated that APHIS associated with entries for the foliar fungicide application. inspectors should not be allowed to Dendrathema spp., Nipponanthemum This information was provided in our oversee program operations in other spp., Leucanthemella spp., and economic analysis in a paragraph countries. One of the commenters stated pacifica, but not with entries of discussing the measures taken if CWR is that APHIS being allowed to exercise Chrysanthemum spp. Finally, the found in the United States. We simply influence over export certifications is commenter stated that in the proposed listed common pesticides that can be inconsistent with IPPC standards and rule, Leucanthemum appears as a used to control CWR and it was not our that inspecting production sites should synonym for a susceptible species when intention to describe specific details be left up to the individual exporting it is not considered a host and about the appropriate uses of each of country. The second commenter took Chrysanthemum appears as a those pesticides. Further, the list was issue with the statement in our susceptible species. not part of the proposed mitigation proposed rule that, ‘‘* * * if any The commenter is correct in that the measures. shipment of cut flowers is found to be taxonomy of the genus Chrysanthemum One commenter stated that the infested with CWR upon arrival in the has changed over the years; however, proposed survey of one-quarter mile United States, we would prohibit the taxonomy has changed again since surrounding a positive site within the imports from the originating production the suggestions made by the commenter United States is too short. The site until such a time as APHIS and the were used. The earlier splitting of the commenter added that USDA literature national plant protection organization of genus referred to by the commenter indicates that spores may be dispersed the exporting country can agree that the caused a lot of resistance and confusion, by wind more than 700 meters (0.43 eradication measures taken have been because these plants were well-known miles) away from the positive site. effective and the pest risk within the as and many countries We are not making any changes in production site has been eliminated.’’ did not want to use the new names. In response to this comment because it The commenter stated that the 1995, a formal proposal was made to the relates to our CWR national effectiveness of eradication measures International Botanical Congress to management plan and not the should be determined by the exporting conserve the genus Chrysanthemum. restrictions for cut flowers imports set country’s NPPO, not APHIS. The proposal was approved in the 1999 forth in this rule; however, we will As the NPPO of the United States, we meeting of the Botanical Congress and examine our national management plan have the right to monitor program the resulting ‘‘St. Louis Code’’ of 2000 and update it if warranted. operations in other countries in order to conserved the genus Chrysanthemum. ensure that proper procedures are being APHIS updated the taxonomic names in Effects on Existing Programs in Other followed so as to prevent the accordance with the decision, and we Countries introduction of quarantine pests and use the currently accepted names as One commenter stated that the rule diseases into the United States. APHIS treated in the USDA, Agricultural would have a negative impact on inspectors will monitor production sites Research Service Germplasm Resources Canadian exporters because and pest survey information, but the Information Network. The table in chrysanthemums are often imported to NPPO of the individual countries will § 319.74–2 reflects the current Canada, made into bouquets, and then be ultimately responsible for monitoring taxonomy, and the synonyms listed in re-exported to the United States. These and applying appropriate pest-control the second column include those names cut flowers are not accompanied by a measures when necessary. Further, the in use before the genus Chrysanthemum phytosanitary certificate. The APHIS inspectors who will be involved was conserved. commenter was concerned that the

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proposed requirements would cause proposed measures for Colombian importation of commodities must be demand to exceed supply because only exporters. based on phytosanitary considerations chrysanthemums that originated in a In Colombia, Ascoflores is an and not economic effects; even when country where CWR is not known to exporter’s association that has a considering the economic effects on occur would be allowed re-exportation cooperative working agreement with the U.S. small entities. in Canadian bouquets. The commenter Colombian Plant Protection Additional Changes in This Final Rule also asked that consideration be given to Organization to dedicate personnel to the Flowers Canada pilot program, plant health programs in the cut flower Since the publication of our proposed which allows for certain species of cut sector and currently oversees rule, we have had several findings of flowers originating from specific inspections of production sites and CWR on cut flowers from Ecuador. countries to enter the United States issues plant health declarations for Therefore, in this final rule, we are without 100 percent inspection. Along Colombian cut flowers. We recognize adding Ecuador to the list of countries those same lines, a second commenter that Colombia has in place measures where CWR is known to occur. asked if cut flowers from South that are not run by the NPPO, but that In § 319.74–2(d) of our proposed rule, American countries where CWR is are equivalent to the requirements set we listed Norway and the as known to occur would be eligible for re- forth in our proposal and that the rule countries where CWR is known to exportation to the United States if they is currently written as if APHIS will occur; however, we failed to include had been cleared through the Miami Cut only accept certifications and Norway and the Ukraine in the lists of Flower Release Program before being documentation from the NPPO of the countries in § 319.37–2(a). In this final moved to Canada and made into country of origin. We also acknowledge rule, we are correcting this error by bouquets. that as a result of Ascoflores’ efforts, we adding Norway and the Ukraine to the Based on numerous interceptions of have not had any interceptions of CWR list of countries where CWR is known CWR on cut flowers in recent years, we on cut flowers from Colombia for more to occur in § 319.37–2(a). believe it is necessary to require than 15 years and that this evidence In each of the places where a list of additional restrictions on cut flowers supports the efficacy of the current countries where CWR is known to occur from countries where CWR is known to measures in place in Colombia. appeared in the proposed rule (i.e., occur. This means that only flowers of Therefore, we have amended § 319.74– §§ 319.37–2(a) and 319.74–2(d)(2)), we Canadian origin, or that originate in a 2(d)(3)(i) in this final rule to provide are amending those lists to update the country where CWR does not exist, will that production sites must be registered listing of countries that comprise the be eligible for importation under the with the NPPO of the country of origin European Union. We are also amending regulations unless the flowers are or its designee, and that the NPPO or its the table in § 319.37–2(a) by amending accompanied by a phytosanitary designee must provide a list of the entries for certificate. With regard to the Flowers registered sites to APHIS. In addition, and Nipponanthemum nipponicum so Canada pilot program, currently, this we have amended § 319.74–2(d)(3)(ii) to that they reflect the complete list of program does not include provide that each shipment of cut countries where CWR is known to chrysanthemums because of the risk of flowers must be accompanied by a occur. We overlooked those two entries introducing CWR into the United States; phytosanitary certificate or equivalent in our proposed rule. Similarly, we are however, the Flowers Canada program documentation issued by the NPPO of amending §§ 319.37–5(c) and 319.37– will not otherwise be affected by the the country of origin or its designee, that 7(a) to update the list of countries where rule. With regard to the Miami Cut contains an additional declaration CWR is known to occur that appear in Flower Release Program, stating that the place of production as each of those paragraphs. chrysanthemums from Canada entering well as the consignment have been Finally, as mentioned previously in the United States for a second time will inspected and found free of Puccinia this document, the taxonomy of be allowed entry because they have horiana. Chrysanthemum has changed as a result already been inspected and released in of the conservation of the genus Economic Analysis the United States under the program. Chrysanthemum. As a result of this Two commenters asked that the final One commenter took issue with the conservation, species that were formerly rule take into account the fact that in statement in our economic analysis considered Dendranthema are now some countries, like Colombia, the certifying that the proposed considered Chrysanthemum. Therefore, programs in place to address CWR are requirements would not have a we are amending §§ 319.37–2(a) and not directly run by the NPPO. The significant impact on a substantial 319.37–7(a)(3) by revising the entries for commenters added that APHIS has not number of small entities. The Dendranthema spp. to read ‘‘see intercepted CWR on cut flowers from commenter provided figures that Chrysanthemum spp.’’ This will prevent Colombia since 1990 despite the large demonstrated that the economic effects confusion on the part of importers who amount of flowers that are exported to of this rule on Colombian growers and continue to use the name the United States from that country. One exporters would be significant. Dendranthema. We are also amending of the commenters stated that the While we do recognize that the final the entries for Chrysanthemum spp. in measures imposed on cut flowers from rule will entail additional costs for §§ 319.37–2(a), 319.37–5(c), and 319.37– Colombia are equivalent to—and in importers for inspection and 7(a)(3) by adding ‘‘includes some cases exceed—the requirements certification in foreign countries, the Dendranthema spp.’’ set forth in our proposal, but that statement in the proposed rule referred because of the proposed requirement for to small entities in the United States, Executive Order 12866 and Regulatory direct participation by the NPPO of the not foreign countries. As required by the Flexibility Act country of origin, Colombia would not Regulatory Flexibility Act, our This rule has been reviewed under be eligible to ship cut flowers of CWR- economic analyses focus on the effects Executive Order 12866. The rule has susceptible species to the United States of our rules on small entities within the been determined to be not significant for without substantially modifying its United States. Under the Plant the purposes of Executive Order 12866 existing procedures. The commenters Protection Act, our decisionmaking and, therefore, has not been reviewed by requested that we modify some of the related to allowing or denying the the Office of Management and Budget.

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We are amending the cut flowers Dazomet, Chloropicrin, and methyl benefit from the changes in import regulations to establish specific bromide. The cost of fungicide requirements for cut flowers from all requirements for the importation of cut application varies, depending upon the countries where CWR is known to occur flowers that are hosts of CWR from plant size and number of leaves. A is the protection of U.S. floriculture and countries where the disease is known to study by the National Agricultural nursery crop industries and the jobs of occur. We are also amending the Pesticide Impact Assessment Program the people they employ. In 2005, these nursery stock regulations to update lists and the University of California two industries contributed $15.2 billion of countries where CWR is known to estimated the cost of different chemical in sales revenue to the U.S. economy. occur. This action is necessary because treatments per acre of ornamental/ Potential Effects on Small Entities of numerous recent findings of CWR on nursery plants infected with fungus cut flowers from Europe that pose a risk diseases, including CWR, by State. For The Regulatory Flexibility Act of introducing CWR in the United field-grown nursery plants, all acreage requires that agencies specifically States. was treated with fungicides. The consider the economic effects their rules In 2005, U.S. floriculture and nursery treatment entailed spraying the flower on small entities. The Small Business crop sales were close to $15.2 billion plants with metam sodium, which costs Administration has established the size based on growers’ receipts. $550 per acre, and then applying an standards based on the North American Chrysanthemums were among the most herbicide at $200 per acre, totaling $750 Industry Classification System (NAICS) profitable flowers for their growers. per acre. For greenhouse plants, the for determining which economic Total U.S. sales of chrysanthemums treatment costs to fight CWR or any entities meet the definition of a small were estimated at $86.2 million in 2002. other fungus are higher.5 firm. The small entity size standard for Of this amount, $68.9 million were In 1994, a property in California was nursery and tree production (NAICS attributed to florists’ cut quarantined after it was found to have code 111421) is $750,000 or less in chrysanthemums and the remaining chrysanthemums infected with CWR. annual receipts. A total of 1,691 $17.3 million to potted (i.e., hardy) The State followed with a survey floriculture operations out of 10,965 chrysanthemums. Chrysanthemums around the affected residential area and operations had sales of $500,000 or were not only one of the top four garden found 70 more properties in the area more. Thus, at least 85 percent of all plants in terms of sales in 2005, they with infected chrysanthemums. It cost floriculture operations can be classified were also the garden plants with the $32,000, about $500 per residence, to as small entities, and it is likely that an second fastest price gains since 1995.2 eradicate the disease. A second survey even higher percentage can be classified Between 2001 and 2005, 10 percent by the State conducted 8 weeks as small entities due to the $250,000 ($64.7 million) of the money spent on following the first treatment process discrepancy.8 imported cut flowers was for found very few remaining infected This rule will continue to allow chrysanthemums. About 91.6 percent of properties. However, the quarantine imports of cut chrysanthemums from the cut flowers imported into the United lasted much longer the second time and countries where CWR is known to States originate in countries where, the average cost per property reached occur, as long as the exporters from 6 based on interceptions by U.S. $7,000. these countries comply with the import inspectors, CWR exists.3 In 1995, chrysanthemum growers in requirements described in this rule. We APHIS has prepared a national San Diego County, CA, spent, on do not know the cost of certification in management plan which describes average, $5,000 per business these countries compared to the average procedures in the event a nursery in the establishment to fight a CWR value of imported consignments of United States is infected with CWR. The infestation. The infestation was chrysanthemums, but it is expected to plan calls for the nursery to be placed eradicated quickly and followed by an be minor. We do not expect that small into quarantine status. If there are very 8-week host-free period. However, the entities in the U.S. floriculture industry few infected chrysanthemum plants, the cost reached $100,000 for one will be significantly affected. However, greenhouse that experienced repeated grower has the option to use a fungicide the requirements will help safeguard the infestations and remained quarantined to control the disease or to destroy the U.S. floriculture and nursery industries for 10 months. Between 1992 and 1997, crop by incineration. However, no plant from additional introductions of CWR. direct and indirect losses from CWR should leave the nursery for 8 weeks or Under these circumstances, the infestations to chrysanthemum growers until the nursery has been inspected Administrator of the Animal and Plant in Santa Barbara County, CA, were and certified as being free from CWR. In Health Inspection Service has approximately $2 million. The county addition to these containment measures, determined that this action will not reported an annual value of the plan calls for an inspection of every have a significant economic impact on chrysanthemum production of more chrysanthemum grower and every a substantial number of small entities. than $10 million in 1997.7 residence within a quarter mile to be Executive Order 12988 inspected for CWR.4 Potential Effects This rule has been reviewed under The fungicides most often The economic effects that could result Executive Order 12988, Civil Justice recommended to fight the fungus from the changes in the regulations are Reform. If this rule is adopted: (1) All Puccinia horiana Henn., which causes expected to be small for U.S. importers State and local laws and regulations that CWR, are Myclobutanil, metam sodium, of cut chrysanthemums. The cost of the phytosanitary certification will be borne are inconsistent with this rule will be 2 Floriculture and Nursery Crops Outlook/ by the exporters, who may pass those preempted; (2) no retroactive effect will Electronic Outlook Report from the Economic costs on to U.S. importers. The expected be given to this rule; and (3) Research Service/FLO–2006/June 2006/Andy administrative proceedings will not be Jerardo. required before parties may file suit in 3 http://apps1.fao.org/ and http:// 5 Exotic Pests and Diseases: Biology, Economics, untrade.fas.usda.gov/. Public Policy, 1999. Published by the Agricultural court challenging this rule. 4 Rizvi, Anwar S., Roeland Elliston, and Philip Issues Center. University of California at Davis: pp. Bell, ‘‘Chrysanthemum White Rust: A National 76–86. 8 National Agricultural Statistics Service, Management Plan for Exclusion and Eradication,’’ 6 See footnote 5. Agricultural Statistics Board, U.S. Department of June 2002. 7 See footnote 5. Agriculture, 2001 Floriculture Crops.

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Paperwork Reduction Act information and services, and for other PART 319—FOREIGN QUARANTINE In accordance with the Paperwork purposes. For information pertinent to NOTICES Reduction Act of 1995 (44 U.S.C. 3501 E-Government Act compliance related I 1. The authority citation for part 319 et seq.), the information collection or to this rule, please contact Mrs. Celeste continues to read as follows: recordkeeping requirements included in Sickles, APHIS’ Information Collection this rule have been approved by the Coordinator, at (301) 734–7477. Authority: 7 U.S.C. 450, 7701–7772, and 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR Office of Management and Budget List of Subjects in 7 CFR Part 319 (OMB) under OMB control number 2.22, 2.80, and 371.3. 0579–0271. Coffee, Cotton, Fruits, Imports, Logs, I 2. In the table in § 319.37–2(a), the E-Government Act Compliance Nursery stock, Plant diseases and pests, entries for ‘‘Chrysanthemum spp. Quarantine, Reporting and (chrysanthemum)’’, ‘‘Dendranthema The Animal and Plant Health recordkeeping requirements, Rice, spp. (chrysanthemum)’’, Inspection Service is committed to Vegetables. ‘‘Leucanthemella serotina’’, and compliance with the E-Government Act ‘‘Nipponanthemum nipponicum’’ are I to promote the use of the Internet and Accordingly, we are amending 7 CFR revised to read as follows: other information technologies, to part 319 as follows: provide increased opportunities for § 319.37–2 Prohibited articles. citizen access to Government (a) * * *

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

******* Chrysanthemum, spp. (chrysan- Andorra, Argentina, Australia, , , Puccinia horiana P. Henn. (white themum, includes Dendranthema Brazil, Brunei, Canary Islands, Chile, , Colombia, Croatia, Ec- rust of chrysanthemum). spp.). uador, Iceland, , , Liechtenstein, Macedonia, Malaysia, Mexico, Moldova, Monaco, New Zealand, Norway, Peru, Republic of South Africa, , San Marino, , Taiwan, Thailand, Tunisia, Ukraine, Uruguay, Venezuela, Yugoslavia; the European Union (Austria, Belgium, , Cyprus, , Den- mark, Estonia, Finland, , Germany, Greece, , Ire- land, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Po- land, Portugal, , Slovakia, Slovenia, Spain, Sweden, and ); and all countries, territories, and possessions of countries located in part or entirely between 90° and 180° East lon- gitude.

******* Dendranthema spp. (chrysan- See Chrysanthemum spp...... See Chrysanthemum spp. themum).

******* Leucanthemella serotina ...... Andorra, Argentina, Australia, Belarus, Bosnia and Herzegovina, Puccinia horiana P. Henn. (white Brazil, Brunei, Canary Islands, Chile, China, Colombia, Croatia, Ec- rust of chrysanthemum). uador, Iceland, Japan, Korea, Liechtenstein, Macedonia, Malaysia, Mexico, Moldova, Monaco, New Zealand, Norway, Peru, Republic of South Africa, Russia, San Marino, Switzerland, Taiwan, Thailand, Tunisia, Ukraine, Uruguay, Venezuela, Yugoslavia; the European Union (Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Den- mark, Estonia, Finland, France, Germany, Greece, Hungary, Ire- land, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Po- land, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and United Kingdom); and all countries, territories, and possessions of countries located in part or entirely between 90° and 180° East lon- gitude.

******* Nipponanthemum nipponicum ...... Andorra, Argentina, Australia, Belarus, Bosnia and Herzegovina, Puccinia horiana P. Henn. (white Brazil, Brunei, Canary Islands, Chile, China, Colombia, Croatia, Ec- rust of chrysanthemum). uador, Iceland, Japan, Korea, Liechtenstein, Macedonia, Malaysia, Mexico, Moldova, Monaco, New Zealand, Norway, Peru, Republic of South Africa, Russia, San Marino, Switzerland, Taiwan, Thailand, Tunisia, Ukraine, Uruguay, Venezuela, Yugoslavia; the European Union (Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Den- mark, Estonia, Finland, France, Germany, Greece, Hungary, Ire- land, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Po- land, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and United Kingdom); and all countries, territories, and possessions of countries located in part or entirely between 90° and 180° East lon- gitude.

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

*******

* * * * * (Austria, Belgium, Bulgaria, Cyprus, importation, and the greenhouse I 3. In § 319.37–5, paragraph (c) is Czech Republic, Denmark, Estonia, nursery in which the articles for revised to read as follows: Finland, France, Germany, Greece, importation and the parent stock were Hungary, Ireland, Italy, Latvia, grown, once a month for 4 consecutive § 319.37–5 Special foreign inspection and Lithuania, Luxembourg, Malta, months immediately prior to certification requirements. Netherlands, , Portugal, Romania, importation. * * * * * Slovakia, Slovenia, Spain, Sweden, and * * * * * (c) Any restricted article (except United Kingdom); and all countries, I 4. In § 319.37–7, paragraph (a)(3), the seeds) of Chrysanthemum spp. territories, and possessions of countries table is amended by revising the entries ° (chrysanthemum, includes located in part or entirely between 90 for ‘‘Chrysanthemum spp. ° Dendranthema spp.), Leucanthemella and 180 East longitude shall, at the (chrysanthemum) meeting the serotina, or Nipponanthemum time of arrival at the port of first arrival conditions in § 319.37–5(c)’’, nipponicum, from any foreign place in United States, be accompanied by a ‘‘Leucanthemella serotina’’, and except Andorra, Argentina, Australia, phytosanitary certificate of inspection. ‘‘Nipponanthemum nipponicum’’, and Belarus, Bosnia and Herzegovina, Brazil, The phytosanitary certificate of by removing the entry for Brunei, Canary Islands, Chile, China, inspection must contain a declaration ‘‘Dendranthema spp. (chrysanthemum) Colombia, Croatia, Ecuador, Iceland, that such article was grown in a meeting the conditions in § 319.37–5(c)’’ Japan, Korea, Liechtenstein, Macedonia, greenhouse nursery and found by the and adding in its place an entry for Malaysia, Mexico, Moldova, Monaco, plant protection service of the country ‘‘Dendranthema spp. (chrysanthemum)’’ New Zealand, Norway, Peru, Republic in which grown to be free from white to read as follows: of South Africa, Russia, San Marino, rust of chrysanthemum (caused by the Switzerland, Taiwan, Thailand, Tunisia, rust fungus Puccinia horiana P. Henn.) § 319.37–7 Postentry quarantine. Ukraine, Uruguay, Venezuela, based on visual examination of the (a) * * * Yugoslavia; the European Union parent stock, the articles for (3) * * *

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

******* Chrysanthemum spp. (chrysanthemum, includes All except Andorra, Argentina, Australia, Belarus, Bosnia and Herzegovina, Brazil, Brunei, Ca- Dendranthema spp.) meeting the conditions nary Islands, Chile, China, Colombia, Croatia, Ecuador, Iceland, Japan, Korea, Liech- in § 319.37–5(c). tenstein, Macedonia, Malaysia, Mexico, Moldova, Monaco, New Zealand, Norway, Peru, Re- public of South Africa, Russia, San Marino, Switzerland, Taiwan, Thailand, Tunisia, Ukraine, Uruguay, Venezuela, Yugoslavia; the European Union (Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slo- vakia, Slovenia, Spain, Sweden, and United Kingdom); and all countries, territories, and possessions of countries located in part or entirely between 90° and 180° East longitude.

******* Dendranthema spp. (chrysanthemum) ...... See Chrysanthemum spp.

******* Leucanthemella serotina ...... All except Andorra, Argentina, Australia, Belarus, Bosnia and Herzegovina, Brazil, Brunei, Ca- nary Islands, Chile, China, Colombia, Croatia, Ecuador, Iceland, Japan, Korea, Liech- tenstein, Macedonia, Malaysia, Mexico, Moldova, Monaco, New Zealand, Norway, Peru, Re- public of South Africa, Russia, San Marino, Switzerland, Taiwan, Thailand, Tunisia, Ukraine, Uruguay, Venezuela, Yugoslavia; the European Union (Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slo- vakia, Slovenia, Spain, Sweden, and United Kingdom); and all countries, territories, and possessions of countries located in part or entirely between 90° and 180° East longitude.

******* Nipponanthemum nipponicum ...... All except Andorra, Argentina, Australia, Belarus, Bosnia and Herzegovina, Brazil, Brunei, Ca- nary Islands, Chile, China, Colombia, Croatia, Ecuador, Iceland, Japan, Korea, Liech- tenstein, Macedonia, Malaysia, Mexico, Moldova, Monaco, New Zealand, Norway, Peru, Re- public of South Africa, Russia, San Marino, Switzerland, Taiwan, Thailand, Tunisia, Ukraine, Uruguay, Venezuela, Yugoslavia; the European Union (Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slo- vakia, Slovenia, Spain, Sweden, and United Kingdom); and all countries, territories, and possessions of countries located in part or entirely between 90° and 180° East longitude.

*******

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* * * * * I c. By adding, at the end of the section, (d) Chrysanthemum white rust hosts. I 5. Section 319.74–2 is amended as an OMB citation to read as set forth (1) The following Chrysanthemum, follows: below. Leucanthemella, and Nipponanthemum I a. By redesignating paragraphs (d) and spp. are considered to be hosts of (e) as paragraphs (e) and (f), § 319.74–2 Conditions governing the entry chrysanthemum white rust: respectively. of cut flowers. I b. By adding a new paragraph (d) to * * * * * read as set forth below.

Accepted name of susceptible species Synonyms Common name

Chrysanthemum arcticum L...... Arctanthemum arcticum (L.) Tzvelev and Dendranthema Arctic chrysanthemum and arctic daisy. arcticum (L.) Tzvelev. Chrysanthemum boreale (Makino) Chrysanthemum indicum L. var. boreale Makino and Makino. Dendranthema boreale (Makino) Ling ex Kitam. Chrysanthemum indicum L...... Dendranthema indicum (L.) Des Moul. Chrysanthemum japonense Nakai ...... Dendranthema japonense (Nakai) Kitam. and Nojigiku. Dendranthema occidentali-japonense Kitam. Chrysanthemum japonicum Makino ...... Chrysanthemum makinoi Matsum. & Nakai and Ryuno-giku. Dendranthema japonicum (Makino) Kitam. Chrysanthemum×morifolium Ramat ...... Anthemis grandiflorum Ramat., Anthemis stipulacea Florist’s chrysanthemum, chrysan- Moench, Chrysanthemum sinense Sabine ex Sweet, themum, and mum. Chrysanthemum stipulaceum (Moench) W. Wight, Dendranthema×grandiflorum (Ramat.) Kitam., Dendranthema×morifolium (Ramat.) Tzvelev, and Matricaria morifolia Ramat. Chrysanthemum pacificum Nakai ...... Ajania pacifica (Nakai) K. Bremer & Humphries and Iso-giku. Dendranthema pacificum (Nakai) Kitam. Chrysanthemum shiwogiku Kitam ...... Ajania shiwogiku (Kitam.) K. Bremer & Humphries and Shio-giku. Dendranthema shiwogiku (Kitam.) Kitam. Chrysanthemum yoshinaganthum Dendranthema yoshinaganthum (Makino ex Kitam.) Kitam. Makino ex Kitam. Chrysanthemum zawadskii Herbich Chrysanthemum arcticum subsp. maekawanum Kitam, subsp. yezoense (Maek.) Y. N. Lee. Chrysanthemum arcticum var. yezoense Maek. [basionym], Chrysanthemum yezoense Maek. [basionym], Dendranthema yezoense (F. Maek.) D. J. N. Hind, and Leucanthemum yezoense (Maek.) A´ . Lo¨ve & D. Lo¨ve. Chrysanthemum zawadskii Herbich Chrysanthemum sibiricum Turcz. ex DC., nom. inval., subsp. zawadskii. Dendranthema zawadskii (Herbich) Tzvelev, and Dendranthema zawadskii var. zawadskii. Leucanthemella serotina (L.) Tzvelev ..... Chrysanthemum serotinum L., Chrysanthemum uliginosum Giant daisy or high daisy. (Waldst. & Kit. ex Willd.) Pers., and Pyrethrum uliginosum (Waldst. & Kit. ex Willd.). Nipponanthemum nipponicum (Franch. Chrysanthemum nipponicum (Franch. ex Maxim.) Matsum. Nippon daisy or Nippon-chrysan- ex Maxim.) Kitam. and Leucanthemum nipponicum Franch. ex Maxim. themum.

(2) Chrysanthemum white rust is located in part or entirely between 90° consignment have been inspected and considered to exist in the following and 180° East longitude. found free of Puccinia horiana. regions: Andorra, Argentina, Australia, (3) Cut flowers of any species listed in (iii) Box labels and other documents Belarus, Bosnia and Herzegovina, Brazil, paragraph (d)(1) of this section may be accompanying shipments of cut flowers Brunei, Canary Islands, Chile, China, imported into the United States from must be marked with the identity of the Colombia, Croatia, Ecuador, Iceland, any region listed in paragraph (d)(2) of registered production site. Japan, Korea, Liechtenstein, Macedonia, this section only under the following (iv) APHIS-authorized inspectors must also be allowed access to Malaysia, Mexico, Moldova, Monaco, conditions: production sites and other areas New Zealand, Norway, Peru, Republic (i) The flowers must be grown in a necessary to monitor the of South Africa, Russia, San Marino, production site that is registered with chrysanthemum white rust-free status of Switzerland, Taiwan, Thailand, Tunisia, the national plant protection the production sites. Ukraine, Uruguay, Venezuela, organization (NPPO) of the country in (4) Cut flowers not meeting these Yugoslavia; the European Union which the production site is located or conditions will be refused entry into the (Austria, Belgium, Bulgaria, Cyprus, with the NPPO’s designee, and the United States. The detection of Czech Republic, Denmark, Estonia, NPPO or its designee must provide a list chrysanthemum white rust in a Finland, France, Germany, Greece, of registered sites to APHIS. shipment of cut flowers from a Hungary, Ireland, Italy, Latvia, (ii) Each shipment of cut flowers must registered production site upon arrival Lithuania, Luxembourg, Malta, be accompanied by a phytosanitary in the United States will result in the Netherlands, Poland, Portugal, Romania, certificate or equivalent documentation, prohibition of imports originating from Slovakia, Slovenia, Spain, Sweden, and issued by the NPPO of the country of the production site until such time United Kingdom); and all countries, origin or its designee, that contains an when APHIS and the NPPO of the territories, and possessions of countries additional declaration stating that the exporting country, can agree that the place of production as well as the eradication measures taken have been

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effective and that the pest risk within Dated: March 28, 2007. for service information identified in this the production site has been eliminated. Roland E. Smith, AD. * * * * * Secretary, Farm Credit Administration Board. FOR FURTHER INFORMATION CONTACT: Tim (Approved by the Office of Management and [FR Doc. E7–6076 Filed 4–2–07; 8:45 am] Dulin, Aerospace Engineer, Budget under control number 0579–0271.) BILLING CODE 6705–01–P International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Done in Washington, DC, this 28th day of March 2007. Lind Avenue, SW., Renton, Washington DEPARTMENT OF TRANSPORTATION 98057–3356; telephone (425) 227–2141; Kevin Shea, fax (425) 227–1149. Acting Administrator, Animal and Plant Federal Aviation Administration Health Inspection Service. SUPPLEMENTARY INFORMATION: [FR Doc. E7–6128 Filed 4–2–07; 8:45 am] 14 CFR Part 39 Examining the Docket BILLING CODE 3410–34–P [Docket No. FAA–2007–26812; Directorate You may examine the airworthiness Identifier 2006–NM–199–AD; Amendment directive (AD) docket on the Internet at 39–15006; AD 2007–07–09] http://dms.dot.gov or in person at the FARM CREDIT ADMINISTRATION RIN 2120–AA64 Docket Management Facility office between 9 a.m. and 5 p.m., Monday 12 CFR Parts 652 and 655 Airworthiness Directives; Airbus Model through Friday, except Federal holidays. A318, A319, A320, and A321 Airplanes The Docket Management Facility office (telephone (800) 647–5227) is located on RIN 3052–AC17 AGENCY: Federal Aviation the plaza level of the Nassif Building at Administration (FAA), Department of the street address stated in the Federal Agricultural Mortgage Transportation (DOT). Corporation Funding and Fiscal ADDRESSES section. ACTION: Final rule. Affairs; Federal Agricultural Mortgage Discussion Corporation Disclosure and Reporting SUMMARY: The FAA is superseding an Requirements; Risk-Based Capital existing airworthiness directive (AD), The FAA issued a notice of proposed Requirements; Effective Date which applies to certain Airbus Model rulemaking (NPRM) to amend 14 CFR A318–100, A319–100, A320–200, A321– part 39 to include an AD that AGENCY: Farm Credit Administration. 100, and A321–200 series airplanes; and supersedes AD 2005–19–14, amendment ACTION: Notice of effective date. Model A320–111 airplanes. That AD 39–14279 (70 FR 55228, September 21, currently requires modification of the 2005). The existing AD applies to SUMMARY: The Farm Credit electrical bonding of all structures and certain Airbus Model A318–100, A319– Administration (FCA) published a final systems installed inside the center fuel 100, A320–200, A321–100, and A321– rule under parts 652 and 655 on tank. This new AD requires 200 series airplanes; and Model A320– December 26, 2006 (71 FR 77247). This modification of additional bonding 111 airplanes. That NPRM was final rule is intended to more accurately points inside the center fuel tank. This published in the Federal Register on reflect risk in the risk-based capital AD results from a report that additional January 12, 2007 (72 FR 1467). That stress test (RBCST) in order to improve bonding points need to be modified in NPRM proposed to continue to require the RBCST’s output—Federal order to prevent electrical arcing in the modification of the electrical bonding of Agricultural Mortgage Corporation’s center fuel tank. We are issuing this AD all structures and systems installed regulatory minimum risk-based capital to prevent electrical arcing in the center inside the center fuel tank. That NPRM level. In accordance with 12 U.S.C. fuel tank due to inadequate bonding, also proposed to require modification of 2252, the effective date of the final rule which could result in an explosion of additional bonding points inside the is 30 days from the date of publication the center fuel tank and consequent loss center fuel tank. in the Federal Register during which of the airplane. Comments either or both Houses of Congress are in DATES: This AD becomes effective May session. Based on the records of the 8, 2007. We provided the public the sessions of Congress, the effective date The Director of the Federal Register opportunity to participate in the of the regulations is March 31, 2007. approved the incorporation by reference development of this AD. No comments DATES: Effective Date: The regulation of certain publications listed in the AD have been received on the NPRM or on amending 12 CFR parts 652 and 655, as of May 8, 2007. the determination of the cost to the published on December 26, 2006 (71 FR On October 26, 2005 (70 FR 55228, public. September 21, 2005), the Director of the 77247) is effective March 31, 2007. Conclusion Federal Register approved the FOR FURTHER INFORMATION CONTACT: incorporation by reference of Airbus We have carefully reviewed the Joseph T. Connor, Associate Director for Service Bulletin A320–28–1104, available data and determined that air Policy and Analysis, Office of Revision 01, dated December 8, 2004. safety and the public interest require Secondary Market Oversight, Farm ADDRESSES: You may examine the AD adopting the AD as proposed. Credit Administration, McLean, VA docket on the Internet at http:// Costs of Compliance 22102–5090, (703) 883–4280, TTY (703) dms.dot.gov or in person at the Docket 883–4434; or Rebecca S. Orlich, Senior Management Facility, U.S. Department The following table provides the Counsel, Office of General Counsel, of Transportation, 400 Seventh Street, estimated costs for U.S. operators to Farm Credit Administration, McLean, SW., Nassif Building, Room PL–401, comply with this AD. There are VA 22102–5090, (703) 883–4020, TTY Washington, DC. approximately 720 U.S.-registered (703) 883–4020. Contact Airbus, 1 Rond Point Maurice airplanes. The average labor rate is $80 (12 U.S.C. 2252(a)(9) and (10)) Bellonte, 31707 Blagnac Cedex, France, per work hour.

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