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

65976 

Vol. 76, No. 206 

Tuesday, October 25, 2011 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2008–0055] 

RIN 0579–AD53 

Controlled Import Permits 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the regulations concerning the 

importation of plants and plant 

products by establishing the controlled 

import permit as a single type of 

authorization for the importation into 

the United States of otherwise 

prohibited or restricted plant material 

for experimental, therapeutic, or 

developmental purposes. Currently, 

some sections of the regulations provide 

for those articles to be imported under 

a departmental permit, while other 

sections provide for their importation 

under administrative instructions or 

conditions specified by the 

Administrator or Deputy Administrator. 

This action would consolidate and 

harmonize the conditions for obtaining 

authorization for the importation of 

otherwise prohibited or restricted plant 

material for scientific or certain other 

purposes. 

DATES: We will consider all comments 

that we receive on or before December 

27, 2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2008-0055- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2008–0055, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road, Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2008-0055 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue, 

SW., Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 690–2817 

before coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

William Aley, Senior Import Specialist, 

Plant Health Programs, PPQ, APHIS, 

4700 River Road, Unit 133, Riverdale, 

MD 20737–1231; (301) 734–5057. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations contained in 7 CFR 

part 319, Foreign Quarantine Notices, 

prohibit or restrict the importation into 

the United States of certain plants and 

plant products to prevent plant pests 

and noxious weeds from being 

introduced into and spread within the 

United States. 

These regulations are administered 

and enforced by the Plant Protection 

and Quarantine program (PPQ) of the 

Animal and Plant Health Inspection 

Service (APHIS) under the authority of 

the Plant Protection Act (7 U.S.C. 7701 

et seq.). The regulations in part 319 

designate specific articles as prohibited 

or restricted, and assign conditions to 

their movement, if allowed, into the 

United States according to the risks 

posed by each article to agriculture in 

the United States. 

The current regulations contain 

provisions for several different means of 

authorizing the importation of plants 

and plant products. These means of 

authorization have been used to allow 

restricted articles to be imported under 

conditions that differ from the generally 

applicable provisions of the particular 

subpart; other types have been used to 

authorize the importation of articles that 

would otherwise be prohibited under 

the regulations. 

The means of authorizing these types 

of movements that is most commonly 

found in the regulations is the 

departmental permit. In § 319.40–1, we 

define a departmental permit as ‘‘a 

document issued by the Administrator 

authorizing the importation of a 

regulated article for experimental, 

scientific, or educational purposes.’’ 

The departmental permit has been used 

to allow researchers and scientists 

affiliated with the United States 

Department of Agriculture (USDA) to 

import prohibited or restricted articles 

for scientific, analytical, experimental, 

or research purposes. It is currently 

available under several subparts of the 

regulations. In other areas of the 

regulations, we have referred to the 

departmental permit when we have 

stated that a regulated article may be 

allowed to be imported ‘‘by the U.S. 

Department of Agriculture for 

experimental or scientific purposes.’’ In 

still other areas of the regulations, the 

regulations state that, under certain 

circumstances, regulated articles may be 

imported under conditions ‘‘modified to 

be less stringent’’ than those contained 

in the regulations. 

In recent years, the number of 

requests to import, for research 

purposes, articles that are otherwise 

prohibited or restricted has increased as 

the number and types of possible uses 

for such articles in the United States has 

expanded. Also, entities requesting to 

import these articles now include 

private scientific and academic 

laboratories and researchers, and 

commercial and other nongovernmental 

organizations. 

We recognize that research and 

investigations concerning restricted or 

prohibited plant material may benefit 

agricultural interests in the United 

States in several ways. Such benefits 

may include the introduction of plants 

or varieties or cultivars of plants 

adaptable to certain environments or 

resistant to domestic plant pests in the 

United States, suitable to consumers in 

the United States, or with value to 

certain markets. Other benefits may 

include the establishment of new 

markets, the introduction of new plant 

varieties, or trade opportunities. 

We are committed to making our 

permit procedures found in the various 

subparts of the regulations consistent 

according to the plant pest risks 

associated with the plant material and 

its intended use. We are also committed 

to making our regulations more 


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Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Proposed Rules 65977 

transparent and easier to use and 

implement. 

Therefore, we are proposing to amend 

the regulations in part 319 to 

standardize the type of authorization 

used to permit the importation of plants 

and plant products for experimental, 

therapeutic, or developmental purposes. 

We would also amend these portions of 

the regulations that contain outdated 

language or that refer to procedures for 

importation that we believe pose 

unnecessary risks to agriculture in the 

United States. 

We are proposing to establish the 

controlled import permit (CIP) as the 

permit that would be used in place of 

departmental permits and the other 

types of authorizations discussed 

previously that we have used to allow 

the importation of otherwise prohibited 

articles or of articles under different 

conditions than those found in the 

regulations. We are also proposing to 

use the CIP as the form of permit 

required for the importation of plant 

materials for postentry quarantine. 

We propose to define controlled 

import permit as ‘‘a written or 

electronically transmitted authorization 

issued by APHIS for the importation 

into the United States of otherwise 

prohibited or restricted plant material 

for experimental, therapeutic, or 

developmental purposes, under 

controlled conditions as prescribed by 

the Administrator in accordance with 

§ 319.6.’’ 

The CIP would be issued based on 

consideration of the plant pest risks of 

the imported plant material, whether 

such risks can be mitigated sufficiently, 

the intended use of the plant material, 

and the plant pest risks associated with 

such use. We would also consider the 

taxon of the plant material and country 

of origin. The CIP would be available to 

all entities in the United States and no 

longer limited to researchers and 

scientists affiliated with the USDA. 

The CIP would be issued only for 

articles subject to the regulations in part 

319; we would not provide for the 

issuance of a CIP for the movement of 

plant pests regulated under 7 CFR part 

330, genetically engineered plant 

material regulated under 7 CFR part 

340, noxious weeds regulated under 7 

CFR part 360, or seeds regulated under 

7 CFR part 361. We believe that the 

restrictions imposed on the movement 

of these articles by the regulations in 

parts 330, 340, 360, and 361 are 

effective in preventing the introduction 

and dissemination of plant pests or 

noxious weeds into or within the United 

States. 

General Requirements for a Controlled 

Import Permit 

We would add a new ‘‘Subpart— 

Controlled Import Permits’’ (§ 319.6) 

that would contain the general 

requirements regarding the proposed 

CIP. 

In paragraph (a) of § 319.6, we would 

define the terms Administrator, 

developmental purposes, experimental 

purposes, and therapeutic purposes, the 

latter three being the purposes for which 

the CIP may be issued. We would define 

Administrator as the Administrator of 

the Animal and Plant Health Inspection 

Service, United States Department of 

Agriculture, or any employee of the 

United States Department of Agriculture 

delegated to act in his or her stead. 

Developmental purposes would be 

defined as the evaluation, monitoring, 

or verification of plant material for plant 

health risks and/or the adaptability of 

the material for certain uses or 

environments. Experimental purposes 

would be defined as scientific testing of 

plant material which utilizes collected 

data and employs analytical processes 

under controlled conditions to create 

qualitative or quantitative results. We 

would define therapeutic purposes as 

the application of specific scientific 

processes designed to eliminate, isolate, 

or remove potential plant pests or 

diseases. 

An application for a CIP could be 

obtained through any of the means 

currently available for applying for 

other types of permits to import 

regulated plant material, i.e., through 

the Internet using the APHIS ePermits 

Web site or using applications obtained 

from APHIS headquarters or from local 

offices of PPQ; paper applications could 

be submitted by fax or by mail. The 

regulations in § 319.6(c) would provide 

the necessary mailing address, fax 

number, and the address of the APHIS 

ePermits Web site. An application 

would have to be submitted at least 60 

days prior to the proposed arrival of the 

article at the port of entry. 

The application for a CIP would have 

to contain the following information: 

• Name, address in the United States, 

and contact information of the 

applicant; 

• Identity (common and botanical 

[genus and species] names) of the plant 

material to be imported; country of 

origin and country shipped from; 

• Intended experimental, therapeutic, 

or developmental purpose for the 

importation; and 

• Intended ports of departure and 

entry; quantity of importation; means of 

conveyance; estimated date of arrival. 

This information would allow us to 

evaluate the risks associated with the 

proposed importation. A CIP would be 

issued only if APHIS determines that 

the plant pest risks associated with the 

plant material and the intended 

experimental, therapeutic, or 

developmental use of the plant material 

can be effectively mitigated. The CIP 

would contain the applicable conditions 

for importation and subsequent 

handling of the plant material if it is 

deemed eligible for importation into the 

United States. 

With limited exceptions, plant 

material to be offered for importation 

under a CIP would have to be selected 

from apparently disease-free and pestfree sources, and be free of foreign 

matter or debris, other prohibited 

plants, noxious weed seeds, soil, living 

organisms such as parasitic plants, 

pathogens, insects, snails and mites, and 

other prohibited matter. The plant 

material would also have to be free of 

fungicide, insecticide, pesticide, 

coating, dipping, spraying, or other 

applied treatments that would make the 

consignment difficult or hazardous to 

inspect. Similarly, plant materials could 

not be wrapped or otherwise packaged 

in a manner that impedes or prevents 

adequate inspection or treatment at the 

port of entry. 

Although we would generally require 

all material imported under a CIP to be 

apparently disease-free and pest-free, 

under certain circumstances and for 

specific purposes, we may permit plant 

material to be imported under a CIP for 

scientifically approved treatment 

therapies. For example, we may permit 

the importation under a CIP of plant 

material not considered free of plant 

pests to an approved facility capable of 

applying approved scientific techniques 

to eliminate plant pests and verifying 

freedom from plant pests. 

All plant material offered for 

importation under a CIP would have to 

be moved in an enclosed container or 

one completely enclosed by a covering 

adequate to prevent the possible escape 

or introduction of plant pests during 

shipment. Any packing material used in 

the consignment would have to meet the 

requirements of § 319.37–9, and wood 

packing material used in the 

consignment would have to meet the 

requirements of § 319.40–3(b) and (c). 

The CIP would identify the manner in 

which the consignment is to be shipped 

(e.g., as cargo, by mail, as air freight). 

Under certain circumstances, we may 

allow the plant material to be handcarried. 

The plant material would have to be 

offered for importation at the port of 

entry or plant inspection station 

specified in the CIP. A copy of the CIP 

and an invoice or packing list indicating 


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the contents of the consignment would 

have to accompany each consignment. 

All consignments would be required to 

be labeled as specified in the permit, 

and to bear a tag provided with the CIP. 

Depending on the intended purpose 

of the plant material presented for 

importation and the risks associated 

with such importation, we may require 

that the plant material be transported 

from the plant inspection station for 

release only to preapproved facilities. 

We would assess a facility prior to 

issuing a permit to ensure that it has the 

infrastructure and equipment identified 

by APHIS as being necessary to manage 

the risks associated with the imported 

plant material. 

At the approved facility, the plant 

material imported under a CIP would 

have to be identified and labeled as 

quarantined material to be used only in 

accordance with a valid CIP. Such plant 

material would have to be maintained in 

a secure place and be under the 

supervision and control of the permit 

holder, and could not be moved or 

distributed without prior written 

permission. During regular business 

hours, properly identified officials, 

either Federal or State, would have to be 

allowed to inspect the plant material 

and the facility in which the plant 

material is maintained. 

The permit holder would be required 

to keep the permit valid for the duration 

of the authorized experimental, 

therapeutic, or developmental activity. 

A CIP would be valid for a period of 1 

year and could be renewed if we 

believed the additional time was 

necessary to complete the experimental, 

therapeutic, or developmental purpose 

for which the permit was issued. 

In the event the permit holder leaves 

the institution in which the plant 

material is kept, another person would 

be required to assume responsibility for 

the continued maintenance of the plant 

material and obtain a new CIP for the 

material or it would have to be 

destroyed. 

Any conditions of the CIP or assigned 

safeguarding or mitigation measures 

would be clearly explained in the CIP. 

Failure to comply with all of the 

conditions specified in the CIP or any 

applicable regulations or administrative 

instructions, or forging, counterfeiting 

or defacing permits or shipping labels, 

may result in immediate revocation of 

the permit, denial of future permits, and 

civil or criminal penalties for the permit 

holder. 

Proposed paragraph (g) of § 319.6 

would address the circumstances under 

which an application for a CIP may be 

denied or a CIP may be revoked after 

issuance. Under these provisions, the 

Administrator would deny an 

application for a CIP permit when the 

Administrator determines that: 

• No safeguards adequate or 

appropriate to prevent the 

dissemination of a plant pest or plant 

disease can be implemented; 

• The applicant, as a previous 

permittee, failed to maintain the 

safeguards or otherwise comply with all 

the conditions prescribed in a previous 

permit and failed to demonstrate the 

ability or intent to observe them in the 

future; 

• The application for a permit is 

found to be false or deceptive in any 

material particular; 

• Such an importation would involve 

the potential dissemination of a plant 

pest or plant disease which outweighs 

the probable benefit that could be 

derived from the proposed importation 

and use of the regulated plant material; 

• The importation is adverse to the 

conduct of an APHIS eradication, 

suppression, control, or regulatory 

program; or 

• The government of the State or 

Territory into which the plant material 

would be imported objects to the 

proposed importation and provides a 

written explanation of its concerns 

based on plant pest risks. 

The Administrator would revoke any 

outstanding CIP when the Administrator 

determines that information is received 

subsequent to the issuance of the CIP of 

circumstances that would constitute 

cause for the denial of an application 

described above, or the permittee fails to 

maintain the safeguards or otherwise 

observe the conditions specified in the 

CIP or in any applicable regulations or 

administrative instructions. 

All denials of an application for a 

permit, or revocation of an existing 

permit, would be provided to the 

applicant or permittee in writing. The 

reasons for the denial or revocation 

would be stated in writing as promptly 

as circumstances permit. 

We would require that, upon 

revocation of a permit, the permittee 

must either: 

• Surrender all regulated plant 

material covered by the revoked CIP to 

an APHIS inspector; 

• Destroy all regulated plant material 

covered by the revoked CIP under the 

supervision of an APHIS inspector; or 

• Remove all regulated plant material 

covered by the revoked CIP from the 

United States. 

We would provide for the appeal of 

the denial or revocation of a CIP. Any 

person whose application for a permit 

has been denied or whose permit has 

been revoked may appeal the decision 

in writing to the Administrator within 

10 days after receiving written 

notification of the denial or revocation. 

The appeal would have to state all facts 

and reasons upon which the person was 

relying to show that the CIP was 

wrongfully denied or revoked. The 

Administrator would grant or deny the 

appeal, in writing, as promptly as 

circumstances permit, and would state 

in writing the reason for the decision. If 

there is a conflict as to any material fact, 

a hearing would be held to resolve such 

conflict. Rules of practice concerning 

such a hearing would be adopted by the 

Administrator. The permit denial or 

revocation would remain in effect 

during the resolution of the appeal. 

Regulations That Would Include 

References to the CIP 

We are proposing to use the CIP to 

authorize the importation of certain 

prohibited or restricted plant material 

for experimental, therapeutic, or 

developmental purposes in the current 

regulations in part 319. In doing so, we 

would replace the current provisions for 

importations for these purposes. 

In the paragraphs that follow, we 

discuss the changes we are proposing 

and cite the specific areas of the 

regulations we are proposing to change. 

• Foreign cotton and covers regulated 

under §§ 319.8 through 319.8–26. In 

§ 319.8, which establishes a notice of 

quarantine for parts or products of 

plants of the genus Gossypium, we 

would replace the current text, which is 

dated and difficult to follow, with a 

clear statement that the importation of 

the plants and plant products listed in 

the section is prohibited unless they are 

imported in accordance with the 

regulations of the subpart or imported 

for experimental, therapeutic, or 

developmental purposes under the 

provisions of a CIP. We would remove 

and reserve §§ 319.8–19 and 319.8–20, 

as provisions for the importation of 

plant material regulated by the subpart 

for experimental or scientific purposes 

would be covered in the revised § 319.8. 

• Sugarcane regulated under 

§ 319.15. In § 319.15(a), we would 

remove the provision that sugarcane and 

its related products may be imported for 

scientific or experimental purposes 

under a departmental permit only by the 

USDA, and provide that these articles 

may be moved under the conditions 

specified in a CIP. 

• Citrus fruit and nursery stock 

regulated under §§ 319.19 and 319.28. 

In §§ 319.19(b) and 319.28(d) we would 

remove the provision that plants or 

plant parts of the botanical family 

Rutaceae may be imported for scientific 

or experimental purposes under 

conditions as prescribed by the APHIS 


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Administrator or the PPQ Deputy 

Administrator, and instead provide that 

these articles may be moved under the 

conditions specified in a CIP. We would 

also remove the statement that the 

paragraph’s provisions apply only to 

importations by the USDA. 

• Indian corn or maize and related 

plants and their seeds regulated under 

§§ 319.24 through 319.24–5 (the corn 

diseases subpart), and §§ 319.41 

through 319.41–6 (the Indian corn or 

maize, broomcorn, and related plants 

subpart). In § 319.24(b) we would 

remove the provision that portions of 

Indian corn or maize and related plants 

may be imported into Guam under 

conditions less stringent than those of 

the subpart as prescribed by the Deputy 

Administrator, and the statement that 

the paragraph’s provisions apply only to 

USDA importers and instead provide 

that these articles may be moved under 

the conditions specified in a CIP. 

Paragraph (c) of § 319.41 has an 

identical provision regarding 

importations into Guam which we 

would also remove and instead provide 

that the articles may be moved under 

the conditions specified in a CIP. 

• Nursery stock, plants, roots, bulbs, 

seeds, and other plant products 

regulated under §§ 319.37 through 

319.37–14. In § 319.37–1 we would 

remove the definition of Deputy 

Administrator and add definitions of 

Administrator and controlled import 

permit for use in the subpart. In 

§ 319.37–2(c)(1), we would add that 

importations for experimental, 

therapeutic, or developmental purposes 

may be allowed under the conditions of 

a CIP, and remove the statement that the 

paragraph’s provisions apply only to 

importations by the USDA. In 

paragraphs (c)(3) through (c)(5) we 

would replace references to a 

departmental permit with references to 

the CIP. In § 319.37–3, we would add a 

new paragraph (g) requiring that the 

importation of restricted articles into the 

United States for experimental, 

therapeutic, or developmental purposes 

would require application for a CIP in 

accordance with § 319.6, and add a new 

paragraph (h) indicating that restricted 

articles imported into the United States 

that are required to be grown under 

postentry quarantine provisions must be 

accompanied by a CIP obtained in 

accordance with § 319.6. 

Section 319.37–7 contains provisions 

governing postentry quarantine 

activities. Postentry quarantine is 

required for an established length of 

time following importation of certain 

restricted plants so they may be 

investigated and monitored for freedom 

from plant pests of foreign origin. 

Current paragraphs (a)(2) and (d) of this 

section require that an importer of the 

listed restricted articles from the 

designated regions complete and submit 

to PPQ a postentry quarantine growing 

agreement and an application for a 

written permit for the importation of the 

article in accordance with § 319.37–3. 

Section 319.37–3 designates articles 

whose importation requires a permit 

and indicates the information a permit 

application must contain, how a permit 

is issued, and under which 

circumstances a permit may be 

withdrawn. 

We are proposing to amend § 319.37– 

7(a)(2) and (d) to state that the CIP is the 

form of permit required to accompany a 

postentry quarantine growing 

agreement. We believe that the 

information required in the application 

for a CIP will allow us to make a more 

informed decision about the specific 

article submitted for the postentry 

quarantine program, and allow us to 

provide more specific conditions for the 

issuance of the permit. It will also allow 

us more control over the plant material 

selected for the postentry quarantine 

program. 

As noted above, current § 319.37– 

7(a)(2) and (d) require that the 

application for the written permit be 

made in accordance with § 319.37–3. 

We would add a new paragraph (h) to 

§ 319.37–3, which would require that 

the importation of restricted articles into 

the United States to be grown under the 

postentry quarantine provisions of 

§ 319.37–7 must be authorized by a CIP 

obtained in accordance with § 319.6. 

Since we are proposing to change the 

type of permit required by § 319.37– 

7(a)(2) and (d) to accompany a postentry 

quarantine growing agreement to the 

CIP, we would amend those provisions 

to require that a CIP, as provided for in 

the newly added § 319.37–3(h), be 

obtained. 

• Logs, lumber, and other 

unmanufactured wood articles 

regulated under §§ 319.40–1 through 

319.40–11. In § 319.40–1 we would add 

a definition of controlled import permit 

for use in the subpart, and remove that 

of departmental permit. In § 319.40– 

2(d)(1), we would add that importations 

for experimental, therapeutic, or 

developmental purposes may be 

allowed under the conditions of a CIP, 

and we would remove the statement 

that the paragraph’s provisions apply 

only to importations by the USDA. In 

paragraphs (d)(2) and (d)(3), we would 

replace the references to a Departmental 

permit with references to a CIP. 

• Rice regulated under §§ 319.55 

through 319.55–7. In § 319.55(c), we 

would remove the provision that all 

seed or paddy rice, rice straw, and rice 

hulls may be imported, when public 

interests will permit, into Guam under 

conditions less stringent than those of 

the subpart as prescribed by the Deputy 

Administrator, and in its place provide 

that the articles may be moved under 

the conditions specified in a CIP. 

• Plant material subject to wheat 

diseases regulated under §§ 319.59–1 

through 319.59–4. In § 319.59–1 we 

would add a definition for the 

controlled import permit for use in the 

subpart. In paragraph (b) of § 319.59–2 

we would remove the statement that the 

paragraph’s provisions apply only to 

importations by the USDA and in its 

place provide that the articles may be 

moved under the conditions specified in 

a CIP. We would replace the references 

to a departmental permit with 

references to a CIP in paragraphs (b)(2), 

(b)(3), and (b)(4). 

• Packing materials regulated under 

§§ 319.69 through 319.69–5. Section 

319.69 prohibits certain plants and 

plant products and restricts certain 

others for use as packing materials. In 

paragraph (c) we would replace 

outdated language with the statement 

that the importation of those prohibited 

or restricted plant products may be 

imported for experimental, therapeutic, 

or developmental purposes under the 

provisions of a CIP. 

• Cut flowers regulated under 

§§ 319.74–1 through 319.74–4. In 

§ 319.74–1 we would add a definition 

for the controlled import permit for use 

in the subpart. We would remove the 

provision that regulated articles may be 

imported for experimental or scientific 

purposes if moved under conditions 

prescribed by the Deputy Administrator 

in § 319.74–3 and instead provide that 

the articles may be moved under the 

conditions specified in a CIP. 

• Articles restricted in order to 

prevent the entry of khapra beetle under 

§§ 319.75 through 319.75–9. In 

§ 319.75(c), we would remove the 

statement that the paragraph’s 

provisions apply only to importations 

by the USDA and would replace 

references to a departmental permit 

with references to a CIP. 

We believe that these proposed 

changes would consolidate and 

harmonize requirements for obtaining a 

permit for the importation of plant 

material imported for scientific or 

certain other purposes, and therefore 

make the requirements of part 319 

clearer and easier to use and implement. 

In addition to these specific proposed 

changes regarding the CIP, we are also 

proposing to update the subparts 

discussed above by replacing references 

to ‘‘Deputy Administrator’’ wherever 


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65980 Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Proposed Rules 

they still appear with references to the 

Administrator. In some subparts, this 

would include removing a definition of 

Deputy Administrator and adding one 

for Administrator. Most APHIS 

regulations refer to the Agency’s 

Administrator rather than the Deputy 

Administrators of specific programs like 

PPQ. This proposed change would make 

the regulations in part 319 consistent 

with other APHIS regulations. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This proposed 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 have prepared an economic 

analysis for this proposed rule, which is 

set out below. The analysis provides a 

basis for our determination that this 

action would not have a significant 

economic impact on a substantial 

number of small entities. 

For the purpose of this analysis and 

following the Small Business 

Administration (SBA) guidelines, we 

note that a major segment of entities 

potentially affected by the proposed 

changes are classified within the 

following industries: Nursery and Tree 

Production (NAICS 111421), and 

Floriculture Production (NAICS 

111422). The nursery and floriculture 

industries are representative of other 

agricultural and nonagricultural 

industries in terms of being comprised 

largely of small entities. According to 

the Census of Agriculture, these two 

categories included 52,845 farms in 

2007, and represented 3 percent of all 

farms in the United States. These 

entities are considered small by SBA 

standards if their annual sales are 

$750,000 or less. Over 93 percent of the 

farms in these industries had annual 

sales of less than $500,000. 

Research and development 

establishments within Physical, 

Engineering, and Life Sciences (NAICS 

541711) that provide professional, 

scientific, and technical services may 

also be affected by this proposed rule. 

These entities are considered small by 

SBA standards if they employ not more 

than 500 persons. According to the 2002 

Economic Census, 82 percent of these 

establishments are small. 

The CIP would replace the 

departmental permit and other forms of 

authorizations that have been in use. 

Because this is an administrative 

change, we do not anticipate that the 

replacement would have any significant 

economic impact on the concerned 

entities. From January 1, 2007, to 

December 31, 2009, a total of 108 

postentry quarantine permits and 1,012 

departmental permits were issued. The 

proposed rule is not expected to affect 

the number of permits issued. 

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 

In accordance with section 3507(d) of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the information 

collection or recordkeeping 

requirements included in this proposed 

rule have been submitted for approval to 

the Office of Management and Budget 

(OMB). Please send written comments 

to the Office of Information and 

Regulatory Affairs, OMB, Attention: 

Desk Officer for APHIS, Washington, DC 

20503. Please state that your comments 

refer to Docket No. APHIS–2008–0055. 

Please send a copy of your comments to: 

(1) APHIS–2008–0055, Regulatory 

Analysis and Development, PPD, 

APHIS, Station 3A–03.8, 4700 River 

Road, Unit 118, Riverdale, MD 20737– 

1238, and (2) Clearance Officer, OCIO, 

USDA, Room 404–W, 14th Street and 

Independence Avenue, SW., 

Washington, DC 20250. A comment to 

OMB is best assured of having its full 

effect if OMB receives it within 30 days 

of publication of this proposed rule. 

APHIS is proposing to amend the 

regulations concerning the importation 

of plants and plant products by 

establishing the controlled import 

permit as a single type of authorization 

for the importation into the United 

States of otherwise prohibited or 

restricted plant material for 

experimental, therapeutic, or 

developmental purposes. Currently, 

some sections of the regulations provide 

for those articles to be imported under 

a departmental permit, while other 

sections provide for their importation 

under administrative instructions or 

conditions specified by the 

Administrator or Deputy Administrator. 

This action would consolidate and 

harmonize the conditions for obtaining 

authorization for the importation of 

otherwise prohibited or restricted plant 

material for scientific or certain other 

purposes. 

This proposed rule will require the 

use of a controlled import permit, 

annual inspection report, and the 

identification of the commodity being 

imported. 

We are soliciting comments from the 

public (as well as affected agencies) 

concerning our proposed information 

collection and recordkeeping 

requirements. These comments will 

help us: 

(1) Evaluate whether the proposed 

information collection is necessary for 

the proper performance of our agency’s 

functions, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of our 

estimate of the burden of the proposed 

information collection, including the 

validity of the methodology and 

assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

information collection on those who are 

to respond (such as through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology; e.g., permitting 

electronic submission of responses). 

Estimate of burden: Public reporting 

burden for this collection of information 

is estimated to average 0.8125 hours per 

response. 

Respondents: Researchers, for-profit 

organizations, and foreign government 

officials. 

Estimated annual number of 

respondents: 1,200. 

Estimated annual number of 

responses per respondent: 6.667. 

Estimated annual number of 

responses: 8,000. 

Estimated total annual burden on 

respondents: 6,500 hours. (Due to 

averaging, the total annual burden hours 

may not equal the product of the annual 

number of responses multiplied by the 

reporting burden per response.) 

Copies of this information collection 

can be obtained from Mrs. Celeste 

Sickles, APHIS’ Information Collection 

Coordinator, at (301) 851–2908. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 


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E-Government Act compliance related 

to this proposed rule, please contact 

Mrs. Celeste Sickles, APHIS’ 

Information Collection Coordinator, at 

(301) 851–2908. 

List of Subjects in 7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

Accordingly, we propose to amend 7 

CFR part 319 as follows: 

PART 319—FOREIGN QUARANTINE 

NOTICES 

1. The authority citation for part 319 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

2. A new subpart consisting of § 319.6 

is added to read as follows: 

Subpart—Controlled Import Permits 

Sec. 

319.6 Controlled import permits. 

Subpart—Controlled Import Permits 

§ 319.6 Controlled import permits. 

(a) Definitions. 

Administrator. The Administrator of 

the Animal and Plant Health Inspection 

Service, United States Department of 

Agriculture, or any employee of the 

United States Department of Agriculture 

delegated to act in his or her stead. 

Developmental purposes. The 

evaluation, monitoring, or verification 

of plant material for plant health risks 

and/or the adaptability of the material 

for certain uses or environments. 

Experimental purposes. Scientific 

testing which utilizes collected data and 

employs analytical processes under 

controlled conditions to create 

qualitative or quantitative results. 

Therapeutic purposes. The 

application of specific scientific 

processes designed to eliminate, isolate, 

or remove potential plant pests or 

diseases. 

(b) Purpose and scope. The 

regulations in this part prohibit or 

restrict the importation into the United 

States of certain plants, plant products, 

and other articles to prevent the 

introduction and dissemination of plant 

pests and noxious weeds within and 

throughout the United States. The 

regulations in this subpart provide a 

process under which a controlled 

import permit (CIP) may be issued to 

authorize the importation, for 

experimental, therapeutic, or 

developmental purposes, of an article 

whose importation is prohibited under 

this part. A CIP may also be issued to 

authorize, for those same purposes, the 

importation of an article under 

conditions that differ from those 

prescribed in the relevant regulations in 

this part. 

(c) Application process. Applications 

for a CIP are available without charge 

from the Animal and Plant Health 

Inspection Service, Plant Protection and 

Quarantine (PPQ), Permit Unit, 4700 

River Road, Unit 136, Riverdale, MD 

20737–1236, or from local PPQ offices. 

Applications may be submitted by fax, 

mail, or electronically and must be 

submitted at least 60 days prior to 

arrival of the article at the port of entry. 

Mailed applications must be submitted 

to the address above, faxed applications 

may be submitted to 301–734–4300, and 

electronic applications may be 

submitted through the ePermits Web 

site at https://epermits.aphis.usda.gov/ 

epermits. 

(1) The completed application for a 

CIP must provide the following 

information: 

(i) Name, address in the United States, 

and contact information of the 

applicant; 

(ii) Identity (common and botanical 

[genus and species] names) of the plant 

material to be imported, quantity of 

importation, country of origin, and 

country shipped from; 

(iii) Intended experimental, 

therapeutic, or developmental purpose 

for the importation; 

(iv) Intended ports of export and 

entry, means of conveyance, and 

estimated date of arrival. 

(2) APHIS may issue a CIP if the 

Administrator determines that the plant 

pest risks associated with the plant 

material and its intended experimental, 

therapeutic, or developmental use can 

be effectively mitigated. The CIP will 

contain the applicable conditions for 

importation and subsequent handling of 

the plant material if it is deemed eligible 

to be imported into the United States. 

The plant material may be imported 

only if all applicable requirements are 

met. 

(d) Shipping conditions. 

Consignments of plant material to be 

offered for importation under a CIP 

must meet the following requirements, 

unless otherwise specified under the 

conditions of the CIP: 

(1) The plant material must be 

selected from apparently disease-free 

and pest-free sources. 

(2) The plant material must be free of 

soil, other foreign matter or debris, other 

prohibited plants, noxious weed seeds, 

and living organisms such as parasitic 

plants, pathogens, insects, snails, and 

mites. 

(3) Fungicides, insecticides, and other 

treatments such as coatings, dips, or 

sprayings must not be applied before 

shipment, unless otherwise specified. 

Plant materials may be refused entry if 

they are difficult or hazardous to inspect 

because of the presence of such 

treatments. Plant materials must not be 

wrapped or otherwise packaged in a 

manner that impedes or prevents 

adequate inspection or treatment. 

(4) The plant material must be moved 

in an enclosed container or one 

completely enclosed by a covering 

adequate to prevent the possible escape 

or introduction of plant pests during 

shipment. Any packing material used in 

the consignment of the plant material 

must meet the requirements of § 319.37– 

9 of this part, and wood packing 

material used in the consignment must 

meet the requirements of § 319.40–3(b) 

and (c) of this part. 

(5) Consignments may be shipped as 

cargo, by mail or air freight, or handcarried, as specified in the conditions of 

the CIP. 

(6) The plant material must be offered 

for importation at the port of entry or 

plant inspection station as specified in 

the conditions of the CIP. 

(7) A copy of the CIP must accompany 

each consignment, and all consignments 

must be labeled in accordance with 

instructions in the CIP. 

(8) Each consignment must be 

accompanied by an invoice or packing 

list indicating its contents. 

(e) Post-importation conditions. (1) At 

the approved facility where the plant 

material will be maintained following 

its importation, plant material imported 

under a CIP must be identified and 

labeled as quarantined material to be 

used only in accordance with a valid 

CIP. 

(2) Plant material must be stored in a 

secure place or in the manner indicated 

in the CIP and be under the supervision 

and control of the permit holder. During 

regular business hours, properly 

identified officials, either Federal or 

State, must be allowed to inspect the 

plant material and the facilities in 

which the plant material is maintained. 

(3) The permit holder must keep the 

permit valid for the duration of the 

authorized experimental, therapeutic, or 

developmental purpose. The PPQ 

Permit Unit must be informed of a 

change in contact information for the 

permit holder within 10 business days 

of such change. 

(4) Plant material imported under a 

CIP must not be moved or distributed to 

another person without prior written 

permission from the PPQ Permit Unit. 

(5) Should the permit holder leave the 

institution in which the plant material 


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imported under a CIP is kept, the plant 

material must be destroyed unless, prior 

to the departure of the original permit 

holder, another person assumes 

responsibility for the continued 

maintenance of the plant material and 

such person obtains a new CIP for the 

plant material. 

(f) Failure to comply with all of the 

conditions specified in the CIP or any 

applicable regulations or administrative 

instructions, or forging, counterfeiting, 

or defacing permits or shipping labels, 

may result in immediate revocation of 

the permit, denial of future permits, and 

civil or criminal penalties for the permit 

holder. 

(g) Denial and revocation of a CIP. (1) 

The Administrator will deny an 

application for a CIP permit, orally or in 

writing, when the Administrator 

determines that: 

(i) No safeguards adequate or 

appropriate to prevent the 

dissemination of a plant pest or plant 

disease can be implemented; 

(ii) The applicant, as a previous 

permittee, failed to maintain the 

safeguards or otherwise comply with all 

the conditions prescribed in a previous 

permit and failed to demonstrate the 

ability or intent to observe them in the 

future; 

(iii) The application for a permit is 

found to be false or deceptive in any 

material particular; 

(iv) Such an importation would 

involve the potential dissemination of a 

plant pest or plant disease which 

outweighs the probable benefit that 

could be derived from the proposed 

importation and use of the regulated 

plant material; 

(v) The importation is adverse to the 

conduct of an APHIS eradication, 

suppression, control, or regulatory 

program; or 

(vi) The government of the State or 

Territory into which the plant material 

would be imported objects to the 

proposed importation and provides a 

written explanation of its concerns 

based on plant pest risks. 

(2) The Administrator will revoke any 

outstanding CIP, orally or in writing, 

when the Administrator determines 

that: 

(i) Information is received subsequent 

to the issuance of the CIP of 

circumstances that would constitute 

cause for the denial of an application 

under paragraph (g)(1) of this section; or 

(ii) The permittee has failed to 

maintain the safeguards or otherwise 

observe the conditions specified in the 

CIP or in any applicable regulations or 

administrative instructions. 

(3) Upon revocation of a permit, the 

permittee must either: 

(i) Surrender all regulated plant 

material covered by the revoked CIP to 

an APHIS inspector; 

(ii) Destroy all regulated plant 

material covered by the revoked CIP 

under the supervision of an APHIS 

inspector; or 

(iii) Remove all regulated plant 

material covered by the revoked CIP 

from the United States. 

(4) All denials of an application for a 

permit, or revocation of an existing 

permit, will be forwarded to the 

applicant or permittee in writing. The 

reasons for the denial or revocation will 

be stated in writing as promptly as 

circumstances permit. 

(5) Any person whose application for 

a permit has been denied or permit has 

been revoked may appeal the decision 

in writing to the Administrator within 

10 days after receiving written 

notification of the denial or revocation. 

The appeal should state all facts and 

reasons upon which the person relies to 

show that the denial or revocation was 

wrongfully denied or revoked. 

(i) The Administrator will grant or 

deny the appeal, in writing, as promptly 

as circumstances permit, and will state 

in writing the reason for the decision. If 

there is a conflict as to any material fact, 

a hearing will be held to resolve such 

conflict. Rules of practice concerning 

such a hearing will be adopted by the 

Administrator. The permit denial or 

revocation will remain in effect during 

the resolution of the appeal. 

(ii) [Reserved] 

3. Section 319.8 is revised to read as 

follows: 

§ 319.8 Notice of quarantine. 

Pursuant to sections 411–414 and 434 

of the Plant Protection Act (7 U.S.C. 

7711–7714 and 7754), the Administrator 

of the Animal and Plant Health 

Inspection Service has determined that 

the unrestricted importation into the 

United States from all foreign countries 

and localities of any parts or products 

of plants of the genus Gossypium, 

including seed cotton; cottonseed; 

cotton lint, linters, and other forms of 

cotton fiber (not including yarn, thread, 

and cloth); cottonseed hulls, cake, meal, 

and other cottonseed products, except 

oil; cotton waste, including gin waste 

and thread waste; any other 

unmanufactured parts of cotton plants; 

second-hand burlap and other fabrics, 

shredded or otherwise, that have been 

used or are of the kinds ordinarily used, 

for containing cotton, grains (including 

grain products), field seeds, agricultural 

roots, rhizomes, tubers, or other 

underground crops, may result in the 

entry into the United States of the pink 

bollworm (Pectinophora gossypiella 

(Saund.)), the golden nematode of 

potatoes (Heterodera rostochiensis Wr.), 

the flag smut disease (Urocystis tritici 

Koern.), and other injurious plant 

diseases and insect pests. Accordingly, 

to prevent the introduction into the 

United States of plant pests, the 

importation of those articles into the 

United States is prohibited unless they 

are imported in accordance with the 

regulations in this subpart or their 

importation has been authorized for 

experimental, therapeutic, or 

developmental purposes by a controlled 

import permit issued in accordance 

with § 319.6 of this part. 

4. Section 319.8–1 is amended by 

removing the definition of Deputy 

Administrator, Plant Protection and 

Quarantine Programs, revising the 

definitions of approved; approved areas 

of Mexico; authorized; north, northern; 

treatment; and utilization, including 

removing footnote 1, and adding, in 

alphabetical order, a definition for 

Administrator to read as follows: 

§ 319.8–1 Definitions. 

* * * * * 

Administrator. The Administrator of 

the Animal and Plant Health Inspection 

Service, United States Department of 

Agriculture, or any employee of the 

United States Department of Agriculture 

delegated to act in his or her stead. 

* * * * * 

Approved. Approved by the 

Administrator. 

Approved areas of Mexico. Any areas 

of Mexico, other than Northwest Mexico 

and the west coast of Mexico, which are 

designated by the Administrator as areas 

in which cotton and cotton products are 

produced and handled under conditions 

comparable to those under which like 

cotton and cotton products are 

produced and handled in the generally 

infested pink bollworm regulated area 

in the United States. 

* * * * * 

Authorized. Authorized by the 

Administrator. 

* * * * * 

North, northern. When used to 

designate ports of arrival, these terms 

mean the port of Norfolk, VA, and all 

Atlantic Coast ports north thereof, ports 

along the Canadian border, and Pacific 

Coast ports in the States of Washington 

and Oregon. When used in a geographic 

sense to designate areas or locations, 

these terms mean any State in which 

cotton is not grown commercially. 

However, when cotton is grown 

commercially in certain portions of a 

State, as is the case in Illinois, Kansas, 

and Missouri, these terms include those 

portions of such State as may be 


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determined by the Administrator as 

remote from the main area of cotton 

production. 

* * * * * 

Treatment. Procedures 

administratively approved by the 

Administrator for destroying 

infestations or infections of insect pests 

or plant diseases, such as fumigation, 

application of chemicals or dry or moist 

heat, or processing, utilization, or 

storage. 

* * * * * 

Utilization. Processing or 

manufacture, in lieu of fumigation at 

time of entry, at a mill or plant 

authorized by APHIS through a 

compliance agreement for foreign cotton 

processing or manufacturing. 

* * * * * 

§§ 319.8–2, 319.8–8, 319.8–11, and 319.8–17 

[Amended] 

5. Sections 319.8–2, 319.8–8, 319.8– 

11, and 319.8–17 are amended by 

redesignating footnotes 2 through 6 as 

footnotes 1 through 5, respectively. 

§ 319.8–3 [Amended] 

6. In § 319.8–3, paragraphs (a) and (b) 

are amended by removing the word 

‘‘Deputy’’ each it appears. 

§ 319.8–8 [Amended] 

7. In § 319.8–8, paragraphs (a)(2)(v) 

and (a)(4) are amended by removing the 

words ‘‘Deputy Administrator of the 

Plant Protection and Quarantine 

Programs’’ each time they appear and 

adding the word ‘‘Administrator’’ in 

their place. 

§ 319.8–12 [Amended] 

8. In § 319.8–12, paragraphs (d) and (f) 

are amended by removing the word 

‘‘Deputy’’ each time it appears. 

§§ 319.8–19 and 319.8–20 [Removed and 

Reserved] 

9. Sections 319.8–19 and 319.8–20 are 

removed and reserved. 

10. In § 319.15, paragraph (a) is 

revised to read as follows: 

§ 319.15 Notice of quarantine. 

(a) The importation into the United 

States of sugarcane and its related 

products, including cuttings, canes, 

leaves and bagasse, from all foreign 

countries and localities is prohibited, 

except for importations for 

experimental, therapeutic, or 

developmental purposes under the 

conditions specified in a controlled 

import permit issued in accordance 

with § 319.6 of this part. 

* * * * * 

11. In § 319.19, paragraph (b) is 

revised to read as follows: 

§ 319.19 Notice of quarantine. 

* * * * * 

(b) Plants or plant parts of all genera, 

species, and varieties of the subfamilies 

Aurantioideae, Rutoideae, and 

Toddalioideae of the botanical family 

Rutaceae may be imported into the 

United States for experimental, 

therapeutic, or developmental purposes 

under the conditions specified in a 

controlled import permit issued in 

accordance with § 319.6 of this part. 

* * * * * 

12. In § 319.24, paragraph (b) is 

amended by removing the second and 

third sentences and adding a new 

sentence in their place to read as 

follows: 

§ 319.24 Notice of quarantine. 

* * * * * 

(b) * * * However, this prohibition 

does not apply to importations of such 

items for experimental, therapeutic, or 

developmental purposes under the 

conditions specified in a controlled 

import permit issued in accordance 

with § 319.6 of this part. 

* * * * * 

§ 319.24–1 [Amended] 

13. Section 319.24–1 is amended by 

removing the words ‘‘Deputy 

Administrator of the Plant Protection 

and Quarantine Programs’’ and adding 

the words ‘‘Administrator, Animal and 

Plant Health Inspection Service’’ in 

their place. 

14. Section 319.28 is amended as 

follows: 

a. By revising paragraph (d) as set 

forth below. 

b. In paragraphs (i) and (j), by 

removing the word ’’Deputy’’ each time 

it occurs. 

§ 319.28 Notice of quarantine. 

* * * * * 

(d) This prohibition shall not apply to 

importations for experimental, 

therapeutic, or developmental purposes 

under the conditions specified in a 

controlled import permit issued in 

accordance with § 319.6 of this part. 

* * * * * 

15. Section 319.37–1 is amended by 

removing the definition of Deputy 

Administrator, and by adding, in 

alphabetical order, definitions for 

Administrator and controlled import 

permit to read as follows: 

§ 319.37–1 Definitions. 

* * * * * 

Administrator. The Administrator of 

the Animal and Plant Health Inspection 

Service, United States Department of 

Agriculture, or any employee of the 

United States Department of Agriculture 

delegated to act in his or her stead. 

* * * * * 

Controlled import permit. A written 

or electronically transmitted 

authorization issued by APHIS for the 

importation into the United States of 

otherwise prohibited or restricted plant 

material for experimental, therapeutic, 

or developmental purposes, under 

controlled conditions as prescribed by 

the Administrator in accordance with 

§ 319.6 of this part. 

* * * * * 

16. Section 319.37–2 is amended as 

follows: 

a. By revising paragraph (c)(1) to read 

as set forth below. 

b. In paragraphs (c)(3), (c)(4), and 

(c)(5), by removing the word 

‘‘Departmental’’ each time it appears 

and adding the words ‘‘controlled 

import’’ in its place. 

c. In paragraph (c)(4), by removing the 

word ‘‘Deputy’’. 

§ 319.37–2 Prohibited articles. 

* * * * * 

(c) * * * 

(1) Imported for experimental, 

therapeutic, or developmental purposes 

under the conditions specified in a 

controlled import permit issued in 

accordance with § 319.6 of this part; 

* * * * * 

17. Section 319.37–3 is amended by 

revising paragraph (d) and adding new 

paragraphs (g) and (h) to read as follows: 

§ 319.37–3 Permits. 

* * * * * 

(d) Any permit which has been issued 

may be withdrawn by an inspector or 

the Administrator if he or she 

determines that the holder of the permit 

has not complied with any condition for 

the use of the document. The reasons for 

the withdrawal will be confirmed in 

writing as promptly as circumstances 

permit. Any person whose permit has 

been withdrawn may appeal the 

decision in writing to the Administrator 

within 10 days after receiving the 

written notification of the withdrawal. 

The appeal must state all of the facts 

and reasons upon which the person 

relies to show that the permit was 

wrongfully withdrawn. The 

Administrator will grant or deny the 

appeal, in writing, stating the reasons 

for the decision as promptly as 

circumstances permit. If there is a 

conflict as to any material fact, a hearing 

will be held to resolve such conflict. 

* * * * * 

(g) Persons wishing to import 

restricted articles into the United States 

for experimental, therapeutic, or 


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developmental purposes must apply for 

a controlled import permit in 

accordance with § 319.6 of this part. 

(h) The importation of restricted 

articles required to be grown under the 

postentry quarantine provisions of 

§ 319.37–7 must be authorized by a 

controlled import permit obtained in 

accordance with § 319.6 of this part. 

* * * * * 

§ 319.37–7 [Amended] 

18. Section 319.37–7 is amended as 

follows: 

a. In paragraph (a)(2), in the second 

sentence, by removing the word 

‘‘written’’ and adding the words 

‘‘controlled import’’ in its place, and by 

removing the citation ‘‘§ 319.37–3’’ and 

adding the words ‘‘§ 319.6 of this part’’ 

in its place. 

b. In paragraph (d) introductory text, 

in the first sentence, by removing the 

word ‘‘written’’ and adding the words 

‘‘controlled import’’ in its place, and by 

removing the citation ‘‘§ 319.37–3’’ and 

adding the words ‘‘§ 319.6 of this part’’ 

in its place. 

19. Section 319.40–1 is amended by 

removing the definition of departmental 

permit and by adding, in alphabetical 

order, a definition for controlled import 

permit to read as follows: 

§ 319.40–1 Definitions. 

* * * * * 

Controlled import permit. A written 

or electronically transmitted 

authorization issued by APHIS for the 

importation into the United States of 

otherwise prohibited or restricted plant 

material for experimental, therapeutic, 

or developmental purposes, under 

controlled conditions as prescribed by 

the Administrator in accordance with 

§ 319.6 of this part. 

* * * * * 

20. Section 319.40–2 is amended as 

follows: 

a. By revising paragraph (d)(1) to read 

as set forth below. 

b. In paragraphs (d)(2) and (d)(3) by 

removing the word ‘‘Departmental’’ 

each time it appears and adding the 

words ‘‘controlled import’’ in its place. 

§ 319.40–2 General prohibitions and 

restrictions; relation to other regulations. 

* * * * * 

(d) * * * 

(1) Imported for experimental, 

therapeutic, or developmental purposes 

under the conditions specified in a 

controlled import permit issued in 

accordance with § 319.6 of this part. 

* * * * * 

21. In § 319.41, paragraph (c) is 

revised to read as follows: 

§ 319.41 Notice of quarantine. 

* * * * * 

(c) The Administrator may authorize 

the importation of articles otherwise 

prohibited under paragraph (b) of this 

section under conditions specified in a 

controlled import permit issued in 

accordance with § 319.6 of this part. 

* * * * * 

§ 319.41–3 [Amended] 

22. In § 319.41–3, paragraphs (a) and 

(b) are amended by removing the words 

‘‘Deputy Administrator of the Plant 

Protection and Quarantine Programs’’ 

each time they appear and adding the 

word ‘‘Administrator’’ in their place. 

23. In § 319.55, paragraph (c) is 

revised to read as follows: 

§ 319.55 Notice of quarantine. 

* * * * * 

(c) The Administrator may authorize 

the importation of articles otherwise 

prohibited by this subpart under 

conditions specified in a controlled 

import permit issued in accordance 

with § 319.6 of this part. 

* * * * * 

24. Section 319.59–1 is amended by 

adding, in alphabetical order, a 

definition for controlled import permit 

to read as follows: 

§ 319.59–1 Definitions. 

* * * * * 

Controlled import permit. A written 

or electronically transmitted 

authorization issued by APHIS for the 

importation into the United States of 

otherwise prohibited or restricted plant 

material for experimental, therapeutic, 

or developmental purposes, under 

controlled conditions as prescribed by 

the Administrator in accordance with 

§ 319.6 of this part. 

* * * * * 

§ 319.59–2 [Amended] 

25. Section 319.59–2 is amended as 

follows: 

a. In paragraph (b) introductory text, 

by removing the words ‘‘by the U.S. 

Department of Agriculture for 

experimental or scientific purposes’’ 

and adding the words ‘‘for 

experimental, therapeutic, or 

developmental purposes’’ in their place. 

b. In paragraphs (b)(2), (b)(3), and 

(b)(4), by removing the word 

‘‘departmental’’ each time it appears 

and adding the words ‘‘controlled 

import’’ in its place. 

26. Section 319.69 is amended as 

follows: 

a. In paragraph (b) introductory text, 

by removing the words ‘‘supplemental 

to this quarantine’’ and adding the 

words ‘‘in this subpart’’ in their place. 

b. By revising paragraph (c) to read as 

set forth below. 

§ 319.69 Notice of quarantine. 

* * * * * 

(c) The importation of plants and 

plant products that are prohibited or 

restricted under paragraphs (a) and (b) 

of this section may be authorized for 

experimental, therapeutic, or 

developmental purposes under 

conditions specified in a controlled 

import permit issued in accordance 

with § 319.6 of this part. 

* * * * * 

27. Section 319.74–1 is amended by 

adding, in alphabetical order, a 

definition for controlled import permit 

to read as follows: 

§ 319.74–1 Definitions. 

* * * * * 

Controlled import permit. A written 

or electronically transmitted 

authorization issued by APHIS for the 

importation into the United States of 

otherwise prohibited or restricted plant 

material for experimental, therapeutic, 

or developmental purposes, under 

controlled conditions as prescribed by 

the Administrator in accordance with 

§ 319.6 of this part. 

* * * * * 

28. Section 319.74–3 is revised to read 

as follows: 

§ 319.74–3 Importations for experimental 

or similar purposes. 

Cut flowers may be imported for 

experimental, therapeutic, or 

developmental purposes under such 

conditions as specified in a controlled 

import permit issued in accordance 

with § 319.6 of this part. 

29. In § 319.75, paragraph (c) is 

revised to read as follows: 

§ 319.75 Restrictions on importation of 

restricted articles; disposal of articles 

refused importation. 

* * * * * 

(c) A restricted article may be 

imported without complying with other 

restrictions under this subpart if: 

(1) Imported for experimental, 

therapeutic, or developmental purposes 

under the conditions specified in a 

controlled import permit issued in 

accordance with § 319.6 of this part. 

(2) Imported at the National Plant 

Germplasm Inspection Station, Building 

580, Beltsville Agricultural Research 

Center East, Beltsville, MD 20705, or 

through any USDA plant inspection 

station listed in § 319.37–14 of this part; 

and 

(3) Imported with a controlled import 

tag or label securely attached to the 

outside of the container containing the 


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Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Proposed Rules 65985 

article or securely attached to the article 

itself if not in a container, and with 

such tag or label bearing a controlled 

import permit number corresponding to 

the number of the controlled import 

permit issued for such article. 

30. Section 319.75–1 is amended as 

follows: 

a. By removing the definition of 

Deputy Administrator. 

b. In the definition of inspector, by 

removing the word ‘‘Deputy’’. 

c. By adding, in alphabetical order, a 

definition for Administrator to read as 

set forth below. 

§ 319.75–1 Definitions. 

* * * * * 

Administrator. The Administrator of 

the Animal and Plant Health Inspection 

Service, United States Department of 

Agriculture, or any employee of the 

United States Department of Agriculture 

delegated to act in his or her stead. 

* * * * * 

§ 319.75–3 [Amended] 

31. In § 319.75–3, paragraph (d) is 

amended by removing the word 

‘‘Deputy’’ each time it appears. 

§ 319.75–8 [Amended] 

32. Section 319.75–8 is amended by 

removing the word ‘‘Deputy’’. 

Done in Washington, DC, this 19th day of 

October 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–27580 Filed 10–24–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2010–0116] 

RIN 0579–AD51 

Importation of Litchi and Longan Fruit 

From Vietnam Into the Continental 

United States 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the fruits and vegetables regulations to 

allow the importation of litchi and 

longan fruit from Vietnam into the 

continental United States. As a 

condition of entry, litchi and longan 

fruit from Vietnam would be subject to 

a systems approach that would include 

requirements for treatment and 

inspection and restrictions on the 

distribution of the fruit. This action 

would allow for the importation of litchi 

and longan fruit from Vietnam into the 

United States while continuing to 

provide protection against the 

introduction of quarantine pests. 

DATES: We will consider all comments 

that we receive on or before December 

27, 2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2010-0116- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2010–0116, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road, Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2010-0116 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue, 

SW., Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 690–2817 

before coming. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Claudia Ferguson, Regulatory Policy 

Specialist, Regulatory Coordination and 

Compliance, PPQ, APHIS, 4700 River 

Road, Unit 133, Riverdale, MD 20737– 

1236; (301) 734–0754. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart-Fruits 

and Vegetables’’ (7 CFR 319.56–1 

through 319.56–52, 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 plant pests within 

the United States. 

The national plant protection 

organization (NPPO) of Vietnam has 

requested that the Animal and Plant 

Health Inspection Service (APHIS) 

amend the regulations to allow fresh 

litchi (Litchi chinensis Sonn.) and 

longan (Dimocarpus longan Lour.) to be 

imported from Vietnam into the 

continental United States. The NPPO of 

Vietnam also proposed that the litchi 

and longan fruit be treated with 

irradiation at the 400 Gy dose approved 

to neutralize most insect pests, except 

pupae and adults of the order 

Lepidoptera. 

As part of our evaluation of that 

request, we prepared a pest risk 

assessment identifying all quarantine 

pests of litchi and longan in Vietnam 

and a risk management document 

(RMD) that recommends risk mitigation 

measures to prevent the quarantine 

pests associated with these commodities 

from being introduced into the United 

States. Copies of the pest risk 

assessment and the RMD may be 

obtained from the person listed under 

FOR FURTHER INFORMATION CONTACT or 

viewed on the Regulations.gov Web site 

(see ADDRESSES above for instructions 

for accessing Regulations.gov). 

The pest risk assessment identified 16 

pests of quarantine significance present 

in Vietnam that could be introduced 

into the United States through the 

importation of fresh litchi: 

Lepidopteran Pests: 

Conopomorpha sinensis. 

Conogethes punctiferalis. 

Cryptophlebia ombrodelta. 

Non-Lepidopteran Insect Pests: 

Bactrocera cucurbitae. 

Bactrocera dorsalis. 

Ceroplastes rubens. 

Coccus viridis. 

Dysmicoccus neobrevipes. 

Nipaecoccus viridis. 

Paracoccus interceptus. 

Planococcus lilacinus. 

Planococcus litchi. 

Planococcus minor. 

Pseudococcus cryptus. 

Mite Pest: 

Aceria litchii. 

Fungi Pest: 

Phytophthora litchii. 

The pest risk assessment also 

identified 17 pests of quarantine 

significance present in Vietnam that 

could be introduced into the United 

States through the importation of fresh 

longan: 

Lepidopteran Pests: 

Conopomorpha sinensis. 

Conogethes punctiferalis. 

Cryptophlebia ombrodelta. 

Non-Lepidopteran Insect Pests: 

Bactrocera dorsalis. 

Ceroplastes rubens. 

Coccus viridis. 

Drepanococcus chiton. 

Dysmicoccus neobrevipes. 

Exallomochlus hispidus. 

Maconellicoccus hirsutus. 

Nipaecoccus viridis. 

Paracoccus interceptus. 

Planococcus lilacinus. 

Planococcus litchi. 

Planococcus minor. 

Pseudococcus cryptus. 

Mite Pest: 


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