This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

47770

Vol. 62, No. 176

Thursday, September 11, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 319

[Docket No. 96–082–1]

Bamboo

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to

consolidate the regulations pertaining to

the importation of bamboo, contained in

‘‘Subpart—Bamboo Capable of

Propagation,’’ and the regulations

pertaining to propagative material in

general, contained in ‘‘Subpart—

Nursery Stock, Plants, Roots, Bulbs,

Seeds, and Other Plant Products.’’ This

change would simplify and clarify our

regulations. We are also proposing to

amend the regulations in ‘‘Subpart—

Fruits and Vegetables’’ to add

provisions allowing fresh bamboo

shoots without leaves or roots to be

imported into the United States from

various countries for consumption. This

action is based on assessments that

indicate that bamboo shoots without

leaves or roots may be imported into the

United States from certain countries

without a significant risk of introducing

plant pests.

DATES: Consideration will be given only

to comments received on or before

November 10, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 96–082–1, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 96–082–1. Comments may

be inspected at USDA, room 1141,

South Building, 14th Street and

Independence Avenue, SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr.

James Petit de Mange, Staff Officer,

Phytosanitary Issues Management Team,

PPQ, APHIS, 4700 River Road Unit 140,

Riverdale, MD 20737–1231, telephone

(301) 734–6799; or e-mail

jpdmange@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

The regulations at 7 CFR part 319

prohibit or restrict the importation of

plants, plant parts, and related materials

to prevent the introduction of foreign

plant pests into the United States.

The importation into the United

States of any variety of bamboo seed,

bamboo plants, and bamboo cuttings

capable of propagation, including all

genera and species of the tribe

Bambuseae, is regulated under

‘‘Subpart—Bamboo Capable of

Propagation,’’ contained in 7 CFR

319.34. Section 319.34, paragraph (a),

provides that all varieties of bamboo

seeds, bamboo plants, and bamboo

cuttings capable of propagation are

prohibited importation into the United

States unless they are imported: (1) For

experimental or scientific purposes by

the United States Department of

Agriculture; (2) for export, or for

transportation and exportation in bond,

in accordance with 7 CFR part 352; or

(3) into Guam, in accordance with

§ 319.37–4(b).

‘‘Subpart—Nursery Stock, Plants,

Roots, Bulbs, Seeds, and Other Plant

Products’’ (referred to below as

‘‘Subpart—Nursery Stock’’), contained

in 7 CFR 319.37 through 319.37–14,

regulates the importation into the

United States of most other propagative

plant material. Regulated articles are

designated as either prohibited or

restricted.

We are proposing to consolidate

‘‘Subpart—Bamboo Capable of

Propagation’’ and ‘‘Subpart—Nursery

Stock.’’ We would do this by adding

bamboo seed, bamboo plants, and

bamboo cuttings, except those imported

into Guam, to the list of prohibited

articles in § 319.37(a). In conjunction

with this action, we would remove

‘‘Subpart—Bamboo Capable of

Propagation’’ and remove all references

to § 319.34 contained in part 319. These

changes would not alter the

requirements for importing these

articles.

Bamboo seeds, bamboo plants, and

bamboo cuttings capable of propagation

would continue to be eligible for

importation into Guam. Bamboo seeds,

bamboo plants, and bamboo cuttings

capable of propagation and imported

into Guam would be considered

restricted articles, and their importation

into Guam would be governed by the

requirements in ‘‘Subpart—Nursery

Stock’’ for the importation of restricted

articles. (The term restricted article is

defined in § 319.37–1 as any class of

nursery stock or other class of plant,

root, bulb, seed, or other plant product

for, or capable of, propagation,

excluding any prohibited articles listed

in § 319.37–2 (a) or (b) of ‘‘Subpart—

Nursery Stock,’’ and excluding any

articles regulated under other subparts

of part 319, or under 7 CFR part 321.)

The importation of bamboo seeds,

bamboo plants, and bamboo cuttings for

experimental or scientific purposes by

the United States Department of

Agriculture also would not be affected

by this change. Section 319.37–2(c)

provides that any article listed as a

prohibited article in § 319.37(a) may be

imported for experimental or scientific

purposes by the Department of

Agriculture.

In addition, bamboo seeds, bamboo

plants, and bamboo cuttings capable of

propagation would continue to be

eligible for movement through the

United States for export, or for

transportation and exportation in bond,

in accordance with 7 CFR part 352. The

regulations at 7 CFR 352, ‘‘Plant

Quarantine Safeguard Regulations,’’

allow plants and plant parts that are not

eligible for entry into the United States

to move through the United States for

export to other countries under

safeguards intended to prevent the

introduction of plant pests.

We are also proposing to amend

‘‘Subpart—Fruits and Vegetables,’’

contained in §§ 319.56 through 319.56–

8, to add provisions allowing fresh

bamboo shoots without leaves or roots

to be imported into the United States for

consumption from China, the

Dominican Republic, Japan, and

Taiwan. Bamboo shoots without leaves

or roots would be added to the list of

fruits and vegetables in § 319.56–2t that

may be imported from specified

countries or places in accordance with
Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Proposed Rules 47771

§ 319.56–6 and all other applicable

provisions of the regulations. Section

319.56–6 provides, among other things,

that all imported fruits and vegetables,

as a condition of entry, shall be

inspected and shall be subject to

disinfection at the port of first arrival as

required by an inspector. This proposed

action is based on assessments that

show that fresh bamboo shoots without

leaves or roots may be imported from

the countries listed into the United

States for consumption without

presenting a significant pest risk.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed rule has been reviewed

under Executive Order 12866. The rule

has been determined to be not

significant for purposes of Executive

Order 12866 and, therefore, has not

been reviewed by the Office of

Management and Budget.

We do not anticipate that this

rulemaking will have any significant

economic impact on any affected

parties. The proposed changes

concerning bamboo seed, bamboo

plants, and bamboo cuttings are

administrative in nature and do not

change the requirements for importing

these articles. This proposed rule would

add provisions to allow fresh, edible

bamboo shoots without leaves or roots

to be imported into the United States for

consumption from China, the

Dominican Republic, Japan, and

Taiwan. There appears to be little, if

any, commercial production of bamboo

shoots in the United States, and

imported bamboo shoots would not be

marketed in competition with any other

domestic produce. Consequently, the

importation of bamboo shoots should

not have a significant economic impact

on domestic producers or other small

entities.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action would not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12988

This proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. If this proposed rule is

adopted: (1) All State and local laws and

regulations that are inconsistent with

this rule will be preempted; (2) no

retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

This proposed rule contains no new

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

Regulatory Reform

This action is part of the President’s

Regulatory Reform Initiative, which,

among other things, directs agencies to

remove obsolete and unnecessary

regulations and to find less burdensome

ways to achieve regulatory goals.

List of Subjects in 7 CFR Part 319

Bees, Coffee, Cotton, Fruits, Honey,

Imports, Incorporation by reference,

Nursery stock, Plant diseases and pests,

Quarantine, Reporting and

recordkeeping requirements, Rice,

Vegetables.

Accordingly, 7 CFR part 319 would be

amended as follows:

PART 319—FOREIGN QUARANTINE

NOTICES

1. The authority citation for part 319

would continue to read as follows:

Authority: 7 U.S.C. 150dd, 150ee, 150ff,

151–167, 450, 2803, and 2809; 21 U.S.C. 136

and 136a; 7 CFR 2.22, 2.80, and 371.2(c).

Subpart—Bamboo Capable of

Propagation—[Removed]

2. Subpart—Bamboo Capable of

Propagation, consisting of § 319.34,

would be removed.

§ 391.37–1 [Amended]

3. In § 319.37–1, the definition for

Restricted article would be amended by

removing the reference to ‘‘319.34’’ and

adding ‘‘319.24’’ in its place.

§ 391.37–2 [Amended]

4. In § 319.37–2(a), the table would be

amended as follows:

a. By adding, in alphabetical order, an

entry for ‘‘Bambuseae,’’ to read as set

forth below.

b. By amending the entry for

‘‘Poaceae’’ by revising the text in the

first column, to read as set forth below.

§ 319.37–2 Prohibited Articles.

(a) * * *

Prohibited article (includes seeds only if specifically mentioned) Foreign places from which prohibited

Plant pests existing in the places named and

capable of being transported with the prohibited article

* * * * * * *

Bambuseae (seeds, plants, and cuttings, except those imported into Guam).All ...................................................................... Various plant diseases, including bamboo

smut (Ustilago shiraiana)

* * * * * * *

Poaceae (vegetative parts of all grains and

grasses except species of Bambuseae).

* * * * *

* * * * * * *

§ 319.40–2 [Amended]

5. In § 319.40–2, paragraph (c) would

be amended by removing the words

‘‘§ 319.34, ‘‘Subpart—Bamboo Capable

of Propagation’’.

6. In § 319.56–2t, the table would be

amended by adding entries, in

alphabetical order, to read as follows:

§ 319.56–2t Administrative instructions;

conditions governing the entry of certain

fruits and vegetables.

* * * * *
47772 Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Proposed Rules

Country/locality Common name Botanical name Plant part(s)

* * * * * * *

China .................................. Bamboo ............................. Bambuseae spp. ................ Edible shoot, free of leaves and roots.

* * * * * * *

Dominican Republic ............ Bamboo ............................. Bambuseae spp. ................ Edible shoot, free of leaves and roots.

* * * * * * *

Japan .................................. Bamboo ............................. Bambuseae spp. ................ Edible shoot, free of leaves and roots.

* * * * * * *

Taiwan ................................ Bamboo ............................. Bambuseae spp. ................ Edible shoot, free of leaves and roots.

* * * * * * *

* * * * *

Done in Washington, DC, this 5th day of

September 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–24129 Filed 9–10–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 400

RIN 0563–AB15

General Administrative Regulations;

Submission of Policies and Provisions

of Policies, and Rates of Premium

AGENCY: Federal Crop Insurance

Corporation.

ACTION: Proposed rule.

SUMMARY: The Federal Crop Insurance

Corporation (FCIC) proposes to amend

its General Administrative Regulations.

The intended effect of this action is to

prescribe the guidelines necessary to

implement and administer sections 506

and 508 of the Federal Crop Insurance

Act, as amended, (Act) with respect to

the submission of policies and

provisions of policies and rates of

premium to FCIC’s Board of Directors

(Board) for review, approval or

disapproval, publication, and

implementation.

DATES: Written comments and opinions

on this rule will be accepted until close

of business November 10, 1997, and will

be considered when the rule is to be

made final.

ADDRESSES: Interested persons are

invited to submit written comments to

the Director, Product Development

Division, Federal Crop Insurance

Corporation, United States Department

of Agriculture, 9435 Holmes Road,

Kansas City, MO 64131.

FOR FURTHER INFORMATION CONTACT:

Timothy Hoffmann, Director, Product

Development Division, Federal Crop

Insurance Corporation, at the Kansas

City, MO, address listed above,

telephone (816) 926–3707.

SUPPLEMENTARY INFORMATION:

Executive Order No. 12866

The Office of Management and Budget

(OMB) has determined this rule to be

not significant for the purposes of

Executive Order 12866 and, therefore,

has not been reviewed by the Office of

Management and Budget.

Paperwork Reduction Act of 1995

It has been determined by OMB that

this rule is exempt from the information

collection requirement contained under

the Paperwork Reduction Act of 1995

(44 U.S.C., chapter 35).

Unfunded Mandates Reform Act of

1995

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Pub. L.

104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. This rule contains no Federal

mandates (under the regulatory

provisions of title II of the UMRA) for

State, local, and tribal governments or

the private sector. Thus, this rule is not

subject to the requirements of sections

202 and 205 of the UMRA.

Executive Order No. 12612

It has been determined under section

6(a) of Executive Order 12612,

Federalism, that this rule does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment. The provision contained in

this rule will not have a substantial

direct effect on States or their political

subdivisions, or on the distribution of

power and responsibilities among the

various levels of government.

Regulatory Flexibility Act

The Manager, Federal Crop Insurance

Corporation, certifies that this

regulation will not have a significant

economic impact on a substantial

number of small entities. The action

provides the guidelines to be used by

approved insurance providers, or any

other applicant, FCIC, and its Board, for

the submission, review, and approval of

policies, provisions of policies, or rates

of premium which, if approved by FCIC,

may ultimately be sold to producers

through approved insurance providers

and reinsured by FCIC or incorporated

into policies reinsured by FCIC. Section

508(h)(5) of the Act requires FCIC to

publish the guidelines and regulations

for the submission and Board review of

policies and other related materials.

This regulation will not impose more

stringent requirements on small entities

than on large entities. Therefore, this

action is determined to be exempt from

the provisions of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) and

no Regulatory Flexibility Analysis was

prepared.

Federal Assistance Program

This program is listed in the Catalog

of Federal Domestic Assistance under

No. 10.450.

Executive Order 12372

This program is not subject to the

provisions of Executive Order 12372

which require intergovernmental

consultation with State and local

officials. See the Notice related to 7 CFR

part 3015, subpart V, published at 48 FR

29115, June 24, 1983.