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contains regulatory documents having general

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Rules and Regulations Federal Register

50229

Vol. 62, No. 186

Thursday, September 25, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 319

[Docket No. 95–082–2]

Importation of Cut Flowers

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are amending the cut

flower regulations by eliminating the

import permit and notice of arrival

requirements for imported cut flowers of

camellia, gardenia, rhododendron, rose,

and lilac. This action eliminates an

unnecessary regulatory burden. The

import permit and notice of arrival

requirements were used to provide

information about shipments. However,

much of this information is available on

cargo manifests. This action will not

increase the risk of imported cut flowers

introducing exotic plant pests into the

United States, since all cut flowers,

including cut flowers of camellia,

gardenia, rhododendron, rose, and lilac,

are routinely inspected upon arrival in

the United States and, if necessary,

fumigated.

EFFECTIVE DATE: September 25, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

Peter M. Grosser, Senior Staff Officer,

Port Operations, PPQ, APHIS, 4700

River Road, Unit 139, Riverdale, MD

20737–1236, (301) 734–8891.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 7 CFR part 319.74

through 319.74–7 (referred to below as

‘‘the regulations’’) govern the

importation of certain cut flowers into

the United States. These regulations,

among other things, require that all cut

flowers imported into the United States

be inspected for injurious plant pests

and, if necessary, fumigated. Sections

319.74–2a, 319.74–4, and 319.74–5 of

the regulations also require that persons

wishing to import cut flowers of

camellia (Camellia spp.), gardenia

(Gardenia spp.), rhododendron

(Rhododendron spp. [including

Azalea]), rose (Rosa spp.), and lilac

(Syringa spp.) into the United States

apply for and receive a permit for

importation, and that a notice of arrival

be submitted to the Collector of Customs

immediately after a shipment of these

cut flowers arrives in the United States.

The regulations do not require an

import permit or notice of arrival for

any other types of cut flowers.

On August 2, 1996, we published in

the Federal Register (61 FR 40362–

40364, Docket No. 95–082–1) a proposal

to amend the regulations by eliminating

the import permit and notice of arrival

requirements for imported cut flowers of

camellia, gardenia, rhododendron, rose,

and lilac. Because cut flowers of

camellia, gardenia, rhododendron, rose,

and lilac are the only types of cut

flowers for which we have required an

import permit or notice of arrival, we

also proposed to remove all references

to import permit and notice of arrival

requirements from the regulations. In

addition, we proposed to eliminate a

provision allowing the Deputy

Administrator of Plant Protection and

Quarantine to deny certain importations

of cut flowers into a State, Territory, or

District of the United States by refusal

of an import permit or by other means.

We solicited comments concerning

our proposal for 30 days ending

September 3, 1996. We received four

comments by that date. They were from

industry representatives. The comments

are discussed below.

Pest Risk

All of the commenters expressed

concern that the proposed removal of

the import permit and notice of arrival

requirements would result in an

increased plant pest risk associated with

imported cut flowers of camellia,

gardenia, rhododendron, rose, and lilac.

We do not believe that eliminating the

import permit and notification

requirements for cut flowers of camellia,

gardenia, rhododendron, rose, and lilac

will increase the risk of plant pest

introduction into the United States. The

import permit and notice of arrival

requirements for cut flowers of camellia,

gardenia, rhododendron, rose, and lilac

were only used to collect information,

such as country of origin, names and

addresses of the shipper and consignee,

and expected arrival date, about a

shipment of these types of imported cut

flowers. However, much of this

information is available on a

conveyance’s cargo manifest. We do not

expect that the elimination of these

requirements will increase the volume

of imported cut flowers, or pests in cut

flower imports, entering the United

States. Our inspection, not the import

permit or notice of arrival, helps prevent

the introduction of plant pests into the

United States by determining the

condition of a shipment of imported cut

flowers. If an inspector determines that

a shipment of cut flowers is infested

with pests of concern, that shipment is

fumigated, destroyed, or re-exported to

help prevent the introduction of exotic

plant pests into the United States. This

rule does not affect our inspection

procedures. Therefore, we are making

no changes in response to this comment.

Budget

One commenter expressed concern

that if the import permit and notice of

arrival requirements for camellia,

gardenia, rhododendron, rose, and lilac

are eliminated, cut flowers will enter

the United States in such great numbers

at so many different ports of entry that

APHIS will not have the funds to keep

ports staffed with experienced

inspectors of cut flowers.

We do not anticipate that this action

will increase the number of imported

cut flowers entering the United States

because the import permit and notice of

arrival requirements are information

collection requirements only; they do

not affect the number of importations or

the manner of inspection of imported

cut flowers upon arrival in the United

States. APHIS has adequate personnel at

all ports that may receive imported cut

flowers to ensure that thorough

inspections of shipments are performed

and regulatory requirements are met.

Cut flowers already enter the United

States in large numbers through more

than 50 international ports of entry.

Staffing levels at these international

ports, and at domestic ports of entry,

have increased to accommodate

inspections of rising levels of plant

product imports into the United States.

In terms of budget issues related to
50230 Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations

staffing levels, user fees cover all

Agriculture Quarantine Inspection

activities, including the inspections of

cut flowers entering the United States.

Propagation of Roses

One commenter noted that cut flowers

of roses are easily propagated. The

commenter felt that if the import permit

and notice of arrival requirements for

roses were eliminated, a pathway to

circumvent requirements for postentry

quarantine of propagative material

would be made more readily available.

The commenter remarked that current

import permit requirements at least

make the importer accountable for the

ultimate disposition of the shipment.

An import permit is not signed by the

permittee; therefore, the permittee has

not made any agreement with APHIS as

to the ultimate disposition of a

shipment. The elimination of the permit

requirement does not lessen the

importer’s duty to comply with other

regulatory requirements on disposition.

If a shipment of cut flowers is imported

into the United States, it must be

imported in accordance with the

regulations.

Cut flowers are imported into the

United States as consumption products

to be used or sold for decorative

purposes. Cut flowers are not imported

for propagation. A very limited number

of consumers may try to propagate cut

flowers, but we regulate the importation

of cut flowers based on the product’s

intended use as a consumption product.

Therefore, we are making no changes in

response to this comment.

Rhododendron

One commenter noted that when the

final rule for the importation of plants

in growing media was published, action

regarding Rhododendron spp. was

deferred pending decisions on issues

related to the Endangered Species Act.

The commenter suggested that if these

issues have not yet been resolved, it

may be prudent to postpone inclusion of

Rhododendron spp. in the final rule.

The rulemaking referred to by the

commenter initially proposed to allow

five new species of plants to be

imported into the United States in

growing media. Because we determined

that additional analysis was necessary

with respect to Rhododendron spp. and

issues related to the Endangered Species

Act, we did not include Rhododendron

spp. in that final rule.

Our regulations already allow the

importation of cut flowers of

Rhododendron spp. and, under certain

conditions, nursery stock in bare root of

Rhododendron spp. (see 7 CFR 319.37–

2(b)). This rule makes no changes to the

requirements for importing nursery

stock, and is not expected to increase

the volume of cut flowers of

Rhododendron spp. imported into the

United States. Less than a dozen

shipments of cut flowers of

Rhododendron spp. have been imported

into the United States since the

beginning of fiscal year 1994. Therefore,

we are making no changes in response

to this comment.

Accordingly, based on the rationale

set forth in the proposed rule and in this

document, we are adopting the

provisions of the proposal as a final rule

without change.

Effective Date

This is a substantive rule that relieves

restrictions and, pursuant to the

provisions of 5 U.S.C. 553, may be made

effective less than 30 days after

publication in the Federal Register.

Immediate implementation of this rule

is necessary to provide relief to those

persons who are adversely affected by

restrictions we no longer find

warranted. This action eliminates an

unnecessary regulatory burden without

increasing the risk of imported cut

flowers introducing exotic plant pests,

including plant diseases, into the

United States. Therefore, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this rule should be

effective upon publication in the

Federal Register.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. The rule has

been determined to be not significant for

the purposes of Executive Order 12866

and, therefore, has not been reviewed by

the Office of Management and Budget.

We are eliminating the import permit

and notice of arrival requirements for

imported cut flowers of camellia,

gardenia, rhododendron, rose, and lilac.

The United States imported

approximately $408 million worth of

fresh cut flowers in 1994. Roses

constituted the largest category of fresh

cut flowers imported into the United

States in 1994, accounting for 36

percent of the total value.

Although the United States imports

cut flowers from many countries, in

1994, 5 countries represented

approximately 92 percent of the total

value of cut flowers imported into the

United States. Colombia supplied the

greatest percentage with 66 percent,

followed by the Netherlands with 13

percent, Ecuador with 6.4 percent, Costa

Rica with 3.7 percent, and Mexico with

3.3 percent. Also in 1994, 4 countries

accounted for approximately 96.9

percent of the total value of rose imports

into the United States; Colombia

supplied the greatest percentage with

71.2 percent, followed by Ecuador with

13.6 percent, Mexico with 6.8 percent,

and Guatemala with 5 percent.

Entities in the United States that

could be affected by changes in cut

flower import regulations are U.S.

producers, importers, and wholesalers

of cut flowers. Of the estimated 1,409

producers of cut flowers in the United

States, approximately 85 percent are

considered small entities. We do not

expect that the volume of cut flowers

imported into the United States will

increase because of this rule, or that the

pest risk presented by imported cut

flowers will increase because of this

rule. Therefore, we expect little, if any,

change in the market price of cut

flowers. As a result, we expect that the

impact on producers of these varieties of

cut flowers will be insignificant.

At this time, we cannot determine the

number of importers of cut flowers.

However, we do not expect this rule to

affect the supply of cut flower

importations, and, therefore, we expect

any changes in costs or competition

related to the importation of cut flowers

of camellia, gardenia, rhododendron,

rose, and lilac to be insignificant. As a

result, we anticipate that the effect on

importers of cut flowers of camellia,

gardenia, rhododendron, rose, and lilac

will be insignificant.

Of the estimated 3,043 wholesalers of

cut flowers, approximately 96 percent

are considered small entities. As stated

earlier, we do not expect that the

volume of cut flowers imported into the

United States will increase, or that the

pest risk presented by imported cut

flowers will increase because of this

rule. Therefore, we do not expect the

price of cut flowers to be affected by this

rule. As a result, we expect that the

effect of this rule on wholesalers of

imported cut flowers of camellia,

gardenia, rhododendron, rose, and lilac

will be insignificant.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12988

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings
Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations 50231

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This rule contains no new

information collection or recordkeeping

requirements under the Paperwork

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

et seq.). Further, this rule eliminates the

information collection or recordkeeping

requirements in 7 CFR 319.74.

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 is

amended as follows:

PART 319—FOREIGN QUARANTINE

NOTICES

1. The authority citation for part 319

continues 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).

§ 319.74–1 [Amended]

2. In § 319.74–1, paragraph (c) is

removed.

§ 319.74–2 [Amended]

3. Section 319.74–2 is amended as

follows:

a. By removing paragraph (b).

b. By removing paragraph (c).

c. By removing the designation ‘‘(a)’’

preceding the first paragraph.

§ 319.74–2a [Removed]

4. Section 319.74–2a is removed.

§ 319.74–3 [Amended]

5. Section 319.74–3 is amended as

follows:

a. By removing paragraph (b).

b. By redesignating paragraphs (c) and

(d) as paragraphs (b) and (c),

respectively.

c. In paragraph (a), the first sentence,

by removing the words ‘‘imported from

the named foreign countries and

localities, whether or not subject to

permit requirements,’’.

d. In paragraph (a), the second

sentence, by removing the reference

‘‘(d)’’ and adding in its place the

reference ‘‘(c)’’.

§ 319.74–4 [Removed]

6. Section 319.74–4 and footnote 1 are

removed.

§ 319.74–5 [Removed]

7. Section 319.74–5 is removed.

§ 319.74–6 [Redesignated]

8. Section 319.74–6 is redesignated as

§ 319.74–4.

§ 319.74–7 [Removed]

9. Section 319.74–7 is removed.

Done in Washington, DC, this 22nd day of

September 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–25486 Filed 9–24–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 319

[Docket No. 96–046–3]

Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are allowing a number of

previously prohibited fruits and

vegetables to be imported into the

United States from certain parts of the

world. All of the fruits and vegetables,

as a condition of entry, are subject to

inspection, disinfection, or both, at the

port of first arrival as may be required

by a U.S. Department of Agriculture

inspector. In addition, some of the fruits

and vegetables are required to meet

other special conditions. The removal of

these prohibitions provides the United

States with additional kinds and sources

of fruits and vegetables while

continuing to provide protection against

the introduction and dissemination of

injurious plant pests by imported fruits

and vegetables.

We are also amending the regulations

to extend the production area in Arava,

Israel, where peppers may be grown for

importation into the United States; to

eliminate the distribution restrictions

for peppers from Arava, Israel; to

eliminate the trust fund provisions for

papayas from Costa Rica; to declare all

Provinces in Chile free of the

Mediterranean fruit fly; and to make

several nonsubstantive editorial changes

to the regulations. These actions relieve

restrictions while continuing to prevent

the introduction of plant pests into the

United States.

EFFECTIVE DATE: September 25, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

Ronald Campbell, Staff Officer, Port

Operations, PPQ, APHIS, 4700 River

Road Unit 136, Riverdale, MD 20737–

1236; (301) 734–6799.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 7 CFR 319.56

through 319.56–8 (referred to below as

‘‘the regulations’’) prohibit or restrict

the importation of fruits and vegetables

into the United States from certain parts

of the world to prevent the introduction

and dissemination of fruit flies and

other injurious plant pests that are new

to or not widely distributed within and

throughout the United States.

On March 25, 1997, we published in

the Federal Register (62 FR 14037–

14044, Docket No. 96–046–1) a proposal

to amend the regulations by allowing

certain previously prohibited fruits and

vegetables to be imported into the

United States from certain parts of the

world under specified conditions. The

importation of these fruits and

vegetables had been prohibited because

of the risk that the fruits and vegetables

could introduce fruit flies or other

injurious plant pests into the United

States. We proposed to allow these

importations at the request of various

importers and foreign ministries of

agriculture, and after conducting pest

risk analyses that indicated that the

fruits or vegetables could be imported

under certain conditions without

significant pest risk.

We solicited comments concerning

our proposal for 60 days ending May 27,

1997. We received 11 comments by that

date. They were from representatives of

industry and State governments. Six of

the commenters supported the proposed

rule in its entirety. The remaining 5

commenters had reservations about

specific provisions of the proposed rule.

Of those 5 commenters, 3 commenters

had concerns about the proposed

importation of papayas from Brazil.

Upon further review and consideration

of this issue, we are taking final action

at this time on all portions of our March

27, 1997, proposed rule except the

portion concerning papayas from Brazil.

APHIS Docket No. 96–046–2 in this

edition of the Federal Register seeks

comment on our proposal to require a

hot water treatment and require that

certain actions be taken if fruit fly

captures reach certain levels in the

papaya production areas for the

importation of papayas from both Brazil

and Costa Rica. The proposal also seeks

comment on any other issues involving

the importation of papayas from Brazil.