4529 Rules and Regulations Federal Register Vol. 60, No. 15 Tuesday, January 24, 1995 This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: countries except Canada and Israel, contains regulatory documents having general Background prohibit the importation of currant applicability and legal effect, most of which plants from New Zealand, and prohibit are keyed to and codified in the Code of The Plant Quarantine Act (7 U.S.C. the importation of both species of the Federal Regulations, which is published under 151 et seq.) and the Federal Plant Pest genus Howea (sentry palms), except 50 titles pursuant to 44 U.S.C. 1510. Act (7 U.S.C. 150aa et seq.) authorize from Lord Howe Island, New South the Animal and Plant Health Inspection The Code of Federal Regulations is sold by Wales, Australia. the Superintendent of Documents. Prices of Service (APHIS) to prohibit or restrict the importation into the United States of Comments on the interim rule were new books are listed in the first FEDERAL required to be received on or before REGISTER issue of each week. any plants, roots, bulbs, seeds, or other plant products in order to prevent the October 31, 1994. By that date, we introduction of plant pests into the received 44 comments on the interim rule. Twelve of the comments addressed DEPARTMENT OF AGRICULTURE United States. Regulations promulgated under this the new restrictions on the importation Animal and Plant Health Inspection authority, among others, include 7 CFR of strawberry and currant plants. We are Service 319.37 through 319.37±14, ``SubpartÐ still considering these comments and as Nursery Stock, Plants, Roots, Bulbs, yet have not decided whether to affirm 7 CFR Part 319 Seeds, and Other Plant Products'' (the or revise the interim rule provisions regarding the importation of strawberry [Docket No. 93±147±2] regulations). These regulations govern the importation of living plants, plant and currant plants. We will do so in a Importation of Strawberries, Currants, parts, and seeds for or capable of separate Federal Register document. and Palms propagation, and related articles. Other Thirty-five of the comments concern sections of 7 CFR 319 deal with articles the new restrictions on the importation AGENCY: Animal and Plant Health such as cut flowers, or fruits and of sentry palms. These comments were Inspection Service, USDA. vegetables intended for consumption. submitted by members of Congress, ACTION: Final rule. The regulations restrict or prohibit the palm growers, importers and exporters, importation of most nursery stock, SUMMARY: We are adopting as a final trade associations, universities, State plants, roots, bulbs, seeds, and other rule, with changes, portions of an governments, and foreign governments. plant products. These articles are interim rule concerning the importation Thirteen of the comments support the classified as either ``prohibited articles'' of strawberry, currant, and palm plants. interim rule provisions regarding the or ``restricted articles.'' This final rule will allow the prohibition on the importation of both A prohibited article is an article that species of the genus Howea from importation of both of the Howea the Deputy Administrator for Plant species of sentry palms into the United everywhere except Lord Howe Island. Protection and Quarantine (PPQ), The other 22 comments object to the States from Australia (including Lord APHIS, has determined cannot feasibly Howe and Norfolk Islands) and from prohibition. The objections and our be inspected, treated, or handled to responses are summarized below. New Zealand, subject to certain prevent it from introducing plant pests conditions. This action will allow the new to or not widely prevalent or Prior to the publication of the interim importation of the Howea species of distributed within and throughout the rule, one species of sentry palm, Howea sentry palms without significant risk of United States. Prohibited articles may forsteriana, could be imported into the introducing exotic palm diseases into not be imported into the United States, United States as a restricted article from the United States. unless imported by the United States anywhere in the world. The other We are still considering comments on Department of Agriculture (USDA) for species though, Howea belmoreana, was the provisions of the interim rule experimental or scientific purposes classified as a prohibited article, owing concerning the importation of under specified safeguards. to its susceptibility to the cadang- strawberry and currant plants and as yet A restricted article is an article that cadang and lethal yellowing pathogens. have not decided whether to affirm or the Deputy Administrator for PPQ has A representative of a palm company revise these provisions. We will do so determined can be inspected, treated, or on Lord Howe Island requested that in a separate Federal Register handled to essentially eliminate the risk APHIS consider revising the regulations document. of its spreading plant pests if imported to allow the importation of Howea EFFECTIVE DATE: January 24, 1995. into the United States. Restricted belmoreana from Lord Howe Island into FOR FURTHER INFORMATION CONTACT: Mr. articles may be imported into the United the United States as a restricted article. Peter Grosser or Mr. Frank E. Cooper, States if they are imported in Our review of the scientific literature Senior Operations Officers, Port compliance with restrictions that may did not reveal any indication of the Operations, Plant Protection and include permit and phytosanitary presence of the lethal yellowing Quarantine, APHIS, USDA, P.O. Drawer certificate requirements, inspection, pathogen, the cadang-cadang pathogen, 810, Riverdale, MD, 20738. The treatment, or postentry quarantine. or any other damaging palm pests on telephone number for the agency In an interim rule effective and Lord Howe Island. Furthermore, New contact will change when agency offices published in the Federal Register on South Wales prohibits the importation in Hyattsville, MD, move to Riverdale, August 30, 1994 (59 FR 44608±44610, of all palms and palm products onto the MD, during February. Telephone: (301) Docket No. 93±147±1), we amended the Lord Howe Island from all sources. We 436±8295 (Hyattsville); (301) 734±8295 regulations to prohibit the importation thus revised the regulations accordingly (Riverdale). of strawberry plants from all foreign to allow the importation of Howea 4530 Federal Register / Vol. 60, No. 15 / Tuesday, January 24, 1995 / Rules and Regulations belmoreana from Lord Howe Island into the United States; U.S. entities counting forsteriana plants from all of Australia, the United States as a restricted article. on these shipments have had to find including Norfolk Island. Furthermore, Also, during our review of this other sources for Howea forsteriana this rule will provide market request, we found no evidence that the palms. Making this rule effective upon opportunities for foreign growers and other species of sentry palm, Howea publication will grant immediate relief U.S. entities trading with them by forsteriana, was immune to the cadang- to these entities. Therefore, the allowing Howea belmoreana plants to cadang or lethal yellowing pathogens. Administrator of the Animal and Plant be imported into the United States from Because pathogens attack most species Health Inspection Service has Australia (including Norfolk Island) and within a genus, we decided to extend determined that this rule should be New Zealand, subject to certain the import prohibition to both species of effective upon publication in the conditions. Howea. However, we decided to allow Federal Register. Howea forsteriana to be imported from Executive Order 12778 Lord Howe Island as a restricted article, Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under due to the disease status of the island Executive Order 12778, Civil Justice and the phytosanitary restrictions in This rule has been reviewed under Reform. This rule: (1) Preempts all State effect there. Executive Order 12866. The rule has and local laws and regulations that are All of the 22 comments objecting to been determined to be not significant for inconsistent with this rule; (2) has no the interim rule requested that we purposes of Executive Order 12866 and, retroactive effect; and (3) does not reconsider the prohibition with respect therefore, has not been reviewed by the require administrative proceedings to Howea species grown in Australia, Office of Management and Budget. before parties may file suit in court Norfolk Island (a self-governing territory In accordance with 5 U.S.C. 601 et challenging this rule. of Australia), and New Zealand. The seq., we have performed a Final comments point out that Australia, Regulatory Flexibility Analysis, set forth Paperwork Reduction Act below, regarding the economic impact Norfolk Island, and New Zealand are In accordance with the Paperwork free of the cadang-cadang and lethal of this rule on small entities. In an August 30, 1994, interim rule, Reduction Act of 1980 (44 U.S.C. 3501 yellowing pathogens. Also, they et seq.), the information collection or maintained that the plant protection we prohibited the importation of both species of Howea (sentry palm) from recordkeeping requirements included in agencies of Australia, Norfolk Island, this rule have been approved by the and New Zealand impose phytosanitary everywhere but Lord Howe Island, New South Wales, Australia. As a result of Office