9851 Proposed Rules Federal Register Vol. 78, No. 29 Tuesday, February 12, 2013 This section of the FEDERAL REGISTER #!documentDetail;D=APHIS–2008- paragraph further specifies that, in contains notices to the public of the proposed 0071–0001. choosing which actions to order and in issuance of rules and regulations. The • Postal Mail/Commercial Delivery: setting the time limit for the actions, the purpose of these notices is to give interested Send your comment to Docket No. inspector shall consider the degree of persons an opportunity to participate in the APHIS–2008–0071, Regulatory Analysis pest risk presented by the quarantine rule making prior to the adoption of the final rules. and Development, PPD, APHIS, Station pest associated with the article, whether 3A–03.8, 4700 River Road Unit 118, the article is a host of the pest, the types Riverdale, MD 20737–1238. of other host materials for the pest in or DEPARTMENT OF AGRICULTURE Supporting documents and any near the port, the climate or season at comments we receive on this docket the port in relation to the pest’s survival Animal and Plant Health Inspection may be viewed at http:// range, and the availability of treatment Service www.regulations.gov/ facilities for the article. #!docketDetail;D=APHIS-2008-0071 or However, there are often other factors 7 CFR Parts 319 and 361 in our reading room, which is located in that an inspector considers in room 1141 of the USDA South Building, determining what remedial measures to [Docket No. APHIS–2008–0071] 14th Street and Independence Avenue order. For example, an inspector may consider whether the manifest RIN 0579–AD47 SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., accompanying the article is missing or Importation of Plants for Planting Monday through Friday, except incomplete, thus making it difficult to holidays. To be sure someone is there to determine the origin or contents of the AGENCY: Animal and Plant Health help you, please call (202) 799–7039 shipment, or whether the article is Inspection Service, USDA. before coming. considered a high-risk pathway for the ACTION: Proposed rule. FOR FURTHER INFORMATION CONTACT: Dr. introduction of a quarantine pest into Arnold Tschanz, Senior Plant the United States. To clarify, we would SUMMARY: We are proposing to amend Pathologist, Plant Health Programs, amend the paragraph to specify that, in the regulations on importing plants for PPQ, APHIS, 4700 River Road Unit 133, addition to the considerations already planting to add Turkey to the list of Riverdale, MD 20737–1236; (301) 851– listed, an inspector may also consider countries from which the importation of any other factors pertaining to the risk 2179. restricted articles of Chrysanthemum that the article may present to plants, spp., Leucanthemella serotina, and SUPPLEMENTARY INFORMATION: plant parts, or plant products within the Nipponanthemum nipponicum into the Background United States that he or she considers United States is prohibited due to the necessary in order to choose an action The regulations in 7 CFR part 319 presence of white rust of and set a time limit. Chrysanthemum; to require permits for prohibit or restrict the importation of Definitions (§ 319.37–1) the importation of any seed that is certain plants and plant products into coated, pelleted, or embedded in a the United States to prevent the Currently, we define bulb in § 319.37– substrate that obscures visibility; to introduction of quarantine plant pests. 1 of the regulations as: ‘‘The portion of provide for an alternate additional The regulations contained in ‘‘Subpart— a plant commonly known as a bulb, declaration on phytosanitary certificates Plants for Planting,’’ §§ 319.37 through bulbil, bulblet, corm, cormel, rhizome, that accompany articles imported from 319.37–14 (referred to below as the tuber, or pip, and including fleshy roots a country in which potato cyst regulations), restrict among other things, or other underground fleshy growths, a nematodes are known to occur; to the importation of living plants, plant unit of which produces an individual provide conditions for the importation parts, and seeds for propagation or plant.’’ of Prunus spp. articles from Canada that planting. We have determined that this We are proposing to make several address the presence of plum pox definition needs to be modified. amendments to the regulations. Our potyvirus in that country; and to Primarily, the current definition proposed amendments are discussed provide for the importation of Dianthus conflates two types of plant parts, bulbs below. and dormant herbaceous perennials, spp. (carnations) from the Netherlands. that are, in fact, distinct. Bulbs, which We are also proposing other changes to Prohibitions and Restrictions on include bulbils, corms, and cormels, are update and clarify the regulations and to Importation; Disposal of Articles the storage organ for a plant’s improve their effectiveness. These Refused Importation (§ 319.37) reproductive structure while the plant is changes are necessary to relieve Paragraph (b) of § 319.37 currently in a state of dormancy. Within the restrictions that appear unnecessary, to provides that, if a regulated article is context of our enforcement of the update existing provisions, and to make denied entry into the United States for regulations, we consider a bulb to the regulations easier to understand and non-compliance with the regulations, remain a bulb until such time as implement. the importer must destroy, ship to a environmental conditions induce it to DATES: We will consider all comments point outside the United States, or apply produce shoots. At that time, we no that receive on or before April 15, 2013. treatments or other safeguards to the longer regulate it as a bulb, but instead ADDRESSES: You may submit comments article in the manner and within the regulate it as a plant. by either of the following methods: time period prescribed by an inspector, Dormant herbaceous perennials, • Federal eRulemaking Portal: Go to to prevent the introduction into the which include rhizomes, tubers, http://www.regulations.gov/ United States of quarantine pests. The tuberous roots, pips, fleshy roots, VerDate Mar<15>2010 15:06 Feb 11, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\12FEP1.SGM 12FEP1 pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 9852 Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Proposed Rules divisions, and underground fleshy risk analysis. Accordingly, we would known to exist. In order to facilitate growths, are the parts of a herbaceous amend the definition of from to clarify regulatory compliance, we would perennial plant that remain after the that, for an article to be from Canada, it amend the entries for Chrysanthemum above-ground parts of the plant have must never have been grown in a spp., Leucanthemella serotina, and died back to the earth at the end of a country from which it would be a Nipponanthemum nipponicum to growing season, and while the perennial prohibited article or an article whose specify that articles of these species are remains dormant. We consider a importation into the United States is not prohibited from all countries, unless dormant herbaceous perennial to authorized pending pest risk analysis. they meet the conditions of §§ 319.37– include all plant parts of this dormant Additionally, we would revise the 5 and 319.37–7. In §§ 319.37–5 and plant, except the bulb. As we do for definition of phytosanitary certificate of 319.37–7, we would update the lists of bulbs, we consider these plant parts to inspection, to make it consistent with regions of the world from which be dormant herbaceous perennials until the definition provided in ‘‘Subpart— Chrysanthemum spp., Leucanthemella such time as they start to sprout; at that Fruits and Vegetables’’ (§§ 319.56–1 to serotina, and Nipponanthemum point we consider them plants. 319.56–58). That definition, found in nipponicum articles may not be To reflect this distinction, we would § 319.56–2, specifies that all imported to list continents, followed by revise the definition of bulb to read as phytosanitary certificates of inspection countries, and to remove references to follows: ‘‘The storage organ of a plant must be consistent with the model lines of longitude and latitude. that serves as the plant’s sexual phytosanitary certificate provided by In amending §§ 319.37–2, 319.37–5, structure during dormancy. Examples the International Plant Protection and 319.37–7 in this manner, we would include bulbs, bulbils, bulblets, corms, Committee, of which the United States expand the current prohibitions to and cormels. For purposes of this is a contracting party, and more include all of Europe and Asia, subpart, a bulb remains a bulb until accurately describes the intent and including Turkey. Although the current such time as environmental conditions content of phytosanitary certificates of regulations do not list Turkey as a induce it to produce shoots. It is then inspection. country in which CWR is known to considered a plant.’’ We would, however, retain a exist, in February and March 2007, there We would define dormant herbaceous provision in the current definition that was a severe outbreak of the disease in perennial as: ‘‘Except for bulbs, the all phytosanitary certificates of the cut flower-producing regions of portions of an herbaceous perennial that inspection for plants for planting must Turkey. Since the outbreak, we have remain after the above-ground parts of be issued not more than 15 days prior considered Turkey to be a country in the plant have died back to the earth to shipment of restricted articles. This which CWR is known to occur, and after the growing season and the plant provision is necessary because the have imposed restrictions on the remains dormant.