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 plant 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, Plants 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., Leucanthemella serotina, 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 VerDate Sep<11>2014 17:47 Dec 15, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 tkelley on DSK3SPTVN1PROD with RULES 74586 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 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 Japan. 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, France, Germany, Great Britain, from the list: Grapevine corky bark regarding the best manner to do so.