This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

74585 

Vol. 79, No. 241 

Tuesday, December 16, 2014 

1To view the proposed rule, its supporting 

documents, or the comments that we received, go 

to http://www.regulations.gov/#!docketDetail;D=

APHIS-2008-0071. 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 532 

Prevailing Rate Systems 

CFR Correction 

■ In Title 5 of the Code of Federal 

Regulations, Parts 1 to 699, revised as of 

January 1, 2014, on page 445, in 

appendix C to subpart B of part 532, 

under Colorado, under the subheading 

‘‘Southern Colorado’’, under ‘‘Area of 

Application. Survey area plus:’’, remove 

the entry for Montrose. 

[FR Doc. 2014–29465 Filed 12–15–14; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Parts 319 and 361 

[Docket No. APHIS–2008–0071] 

RIN 0579–AD47 

Importation of Plants for Planting 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

regulations on importing plants for 

planting to add Turkey to the list of 

countries from which the importation of 

restricted articles of Chrysanthemum 

spp., Leucanthemella serotina, and 

Nipponanthemum nipponicum into the 

United States is prohibited due to the 

presence of white rust of 

Chrysanthemum; to require permits for 

the importation of any seed that is 

coated, pelleted, or embedded in a 

substrate that obscures visibility; to 

provide for an alternate additional 

declaration on phytosanitary certificates 

that accompany articles imported from 

a country in which potato cyst 

nematodes are known to occur; to 

provide conditions for the importation 

of Prunus spp. articles from Canada that 

address the presence of plum pox 

potyvirus in that country; and to 

provide for the importation of Dianthus 

spp. (carnations) from the Netherlands. 

We are also making other changes to 

update and clarify the regulations and to 

improve their effectiveness. These 

changes are necessary to relieve 

restrictions that appear unnecessary, to 

update existing provisions, and to make 

the regulations easier to understand and 

implement. 

DATES: Effective January 15, 2015. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Heather Coady, Regulatory Policy 

Specialist, Plants for Planting Policy, 

PPQ, APHIS, 4700 River Road, Unit 133, 

Riverdale, MD 20737; (301) 851–2076. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 7 CFR part 319 

prohibit or restrict the importation of 

certain plants and plant products into 

the United States to prevent the 

introduction of quarantine plant pests. 

The regulations contained in ‘‘Subpart— 

Plants for Planting,’’ §§ 319.37 through 

319.37–14 (referred to below as the 

regulations), restrict among other things, 

the importation of living plants, plant 

parts, and seeds for propagation or 

planting. 

On February 12, 2013, we published 

in the Federal Register (78 FR 9851– 

9865, Docket No. APHIS–2008–0071) a 

proposed rule 1 to amend various 

provisions of the regulations. 

We solicited comments concerning 

our proposal for 60 days ending April 

15, 2013. We received eight comments 

by that date. They were from the 

national plant protection organization 

(NPPO) of a foreign country, an 

organization representing wholesale 

exporters of plants for planting from a 

foreign country, a national organization 

that represents State departments of 

agriculture, a State department of 

agriculture, a national organization 

representing gardeners within the 

United States, and private citizens. The 

comments that we received are 

discussed below, by topic. 

Comments Regarding ‘‘Bulb’’ and 

‘‘Dormant Herbaceous Perennial’’ 

Section 319.37–1 contains definitions 

of terms used in the regulations. Bulb is 

defined in that section as: ‘‘The portion 

of a plant commonly known as a bulb, 

bulbil, bulblet, corm, cormel, rhizome, 

tuber, or pip, and including fleshy roots 

or other underground fleshy growths, a 

unit of which produces an individual 

plant.’’ 

In the proposed rule, we proposed to 

revise the definition of bulb. As we 

proposed to revise it, the definition 

would have been: ‘‘The storage organ of 

a plant that serves as the plant’s sexual 

structure during dormancy. Examples 

include bulbs, bulbils, bulblets, corms, 

and cormels. For purposes of this 

subpart, a bulb remains a bulb until 

such time as environmental conditions 

induce it to produce shoots. It is then 

considered a plant.’’ We proposed this 

revision based on our belief that certain 

of the types of plant parts provided in 

the definition as examples of bulbs were 

actually better categorized as dormant 

herbaceous perennials. 

For that reason, we also proposed to 

add a definition of dormant herbaceous 

perennial to the regulations. We 

proposed to define dormant herbaceous 

perennial in the following manner: 

‘‘Except for bulbs, the portions of an 

herbaceous perennial that remain after 

the above-ground parts of the plant have 

died back to the earth after the growing 

season and the plant remains dormant. 

Examples include rhizomes, tubers, 

tuberous roots, pips, fleshy roots, 

divisions, and underground fleshy 

growths. For purposes of this subpart, 

dormant herbaceous perennials remain 

dormant herbaceous perennials until 

such time as environmental conditions 

induce them to sprout. They are then 

considered plants.’’ 

Two commenters asked whether it 

was our intent to retroactively apply the 

term dormant herbaceous perennial to 

certain articles that are currently 

authorized importation into the United 

States as bulbs. If so, the commenters 

asked whether this change in 

nomenclature would have any impact 

on preclearance programs or port-offirst-arrival procedures for the articles. 

The commenters also expressed concern 

that adding a definition of dormant 

herbaceous perennial to the regulations 


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74586 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 

could inadvertently adversely impact 

trade in bulbs. 

Another commenter asked what our 

scientific basis was for proposing to 

classify tubers and pips as dormant 

herbaceous perennials. The commenter 

pointed out that tubers and pips are the 

storage organs for several species of 

plants that do not have above-ground 

parts. Conversely, the commenter 

pointed to several species of rhizomes 

that would not meet our proposed 

definition of dormant herbaceous 

perennial because they maintain aboveground parts during the plant’s 

dormancy. 

The same commenter also stated that 

several of the terms used in our 

proposed definitions of bulb and 

dormant herbaceous perennial, such as 

‘‘divisions’’ and fleshy growths,’’ are not 

currently terms with clearly delineated 

meanings within the field of botany. 

Similarly, the commenter stated that 

most botanists would not consider a 

bulb to be a sexual structure. 

Based on the issues identified and 

concerns raised by commenters, we 

have decided not to finalize our 

proposed revision to the definition of 

bulb or our proposed definition of 

dormant herbaceous perennial. While 

we maintain that the current definition 

of bulb should be revised, we will 

continue to dialogue with regulated 

entities and other stakeholders 

regarding the best manner to do so. 

Comment Regarding Potato Cyst 

Nematode Prevalence in Canada 

In § 319.37–5, paragraph (a) lists 

regions of the world in which potato 

cyst nematodes (PCN, Globodera 

rostochiensis (Woll.) Behrens and G. 

pallida (Stone) Behrens) are known to 

exist and places restrictions on the 

importation of restricted articles from 

those regions. 

In our proposed rule, we proposed to 

revise and update the list. Among other 

revisions, we proposed to amend the 

manner in which the list refers to areas 

in Canada that are regulated for PCN. 

We pointed out that the list only 

contains two areas in Canada that the 

NPPO of Canada regulates for PCN, 

Newfoundland and a portion of the 

Municipality of Central Saanich in the 

Province of British Columbia; however, 

two other such areas exist, in Alberta 

and Quebec. For this reason, we 

proposed to amend the list to refer to all 

areas of Canada that are regulated by the 

NPPO of Canada for PCN. To further 

justify this amendment, we stated that 

the movement of soil within Canada has 

historically not been stringently 

regulated, and there is a significant 

possibility of future detections of PCN 

in other areas of Canada. 

One commenter agreed with our 

proposed amendment and our rationale 

that there may be future detections of 

PCN in other areas within Canada, but 

disagreed with our assertion that the 

movement of soil in Canada has 

historically not been stringently 

regulated. The commenter pointed to 

several long-standing directives that the 

NPPO of Canada has issued that regulate 

the movement of soil in Canada. 

We acknowledge that the NPPO of 

Canada has long placed restrictions on 

the movement of soil in Canada, and 

agree that the proposed rule should not 

have suggested otherwise. We note, 

however, that the commenter agreed 

that there is a possibility of future 

detections of PCN in Canada, and 

likewise agreed that this provides a 

sufficient rationale for our proposed 

amendment to the list. Therefore, based 

on this rationale, we are finalizing that 

amendment. 

Importation of Restricted Articles of the 

Genera Chaenomeles, Cydonia, Malus, 

Prunus, Pyrus, and Vitis 

At the time our proposed rule was 

issued, paragraph (b)(1) of § 319.37–5 

contained requirements for the 

importation of restricted articles (except 

seeds) of Chaenomeles, Cydonia, Malus, 

Prunus, and Pyrus spp. from Belgium, 

Canada, France, Germany, Great Britain, 

and the Netherlands, as well as Vitis 

spp. restricted articles (except seeds) 

from Canada. It authorized the 

importation of these articles, provided 

that they are accompanied by a 

phytosanitary certificate with an 

additional declaration that the articles 

were grown in a nursery and found by 

the NPPO of the country in which they 

were grown to be free of certain plant 

diseases, or alternatively, with an 

additional declaration that those plant 

diseases do not occur in that country. 

Paragraph (b)(3) of § 319.37–5 listed the 

relevant plant diseases. 

Paragraph (b)(2) of § 319.37–5 was 

meant to complement paragraph (b)(1), 

and contained what were intended to be 

conditions for the importation of 

budwood of certain Prunus species that 

are susceptible to plum pox potyvirus 

from Belgium, France, Germany, Great 

Britain, or the Netherlands. 

Paragraph (j)(1) of § 319.37–5 

contained conditions for the 

importation of seed of Prunus spp. that 

are susceptible to plum pox potyvirus 

from Belgium, France, Germany, Great 

Britain, or the Netherlands. Paragraph 

(j)(2) of § 319.37–5 complemented 

paragraph (j)(1) and provided additional 

conditions for the importation of seed of 

these Prunus spp. from all other 

countries, unless plum pox potyvirus is 

known to exist in that country. 

In our proposed rule, we proposed to 

revise and consolidate paragraphs (b) 

and (j). We proposed to do so primarily 

in order to make the scope and intent of 

these paragraphs clearer, but also in 

order to add provisions regarding 

grafted plants to paragraph (b)(1), in 

order to update the list of plant diseases, 

and in order to reflect the detection of 

plum pox potyvirus in Canada, 

Argentina, Chile, and Japan. 

(We also proposed certain 

harmonizing changes to provisions in 

§ 319.37–2 and § 319.37–7 that referred 

to these paragraphs of § 319.37–5. We 

did so in order to ensure the internal 

consistency of the regulations.) 

Of the revisions to paragraphs (b) and 

(j) of § 319.37–5 that we proposed, we 

are finalizing those that pertained to the 

importation of Prunus spp. seed into the 

United States without modification. 

With regard to the other proposed 

revisions, we are finalizing them with 

several modifications. We discuss the 

nature of and reasons for these 

modifications in the following 

paragraphs. 

A commenter agreed with the 

majority of the revisions to the list of 

plant diseases that we proposed. 

However, the commenter asked us to 

remove the following plant diseases 

from the list: Grapevine corky bark 

‘‘Legno riccio’’ agent, grapevine leaf roll 

viruses, grapevine stem pitting agent, 

and grapevine yellows disease 

bacterium. The commenter stated that 

these diseases are widely distributed in 

the United States and are not under 

official control by the Animal and Plant 

Health Inspection Service (APHIS) of 

the United States Department of 

Agriculture (USDA). 

In response to this comment, USDA’s 

Agricultural Research Service reviewed 

the distribution of these diseases within 

the United States, and agreed with the 

commenter that they are in fact widely 

distributed. Moreover, the commenter is 

correct that none of these diseases are 

under official control by APHIS. 

Therefore, we are removing the agents 

from the list. We are finalizing the other 

revisions to the list that we proposed. 

We are finalizing our proposed 

revisions to the requirements for the 

importation of restricted articles (except 

seeds) of Chaenomeles, Cydonia, Malus, 

Prunus, and Pyrus spp. from Belgium, 

Canada, France, Germany, Great Britain, 

and the Netherlands, as well as Vitis 

spp. from Canada, with several 

modifications. We have also modified 

our proposed revisions to the 

requirements for the importation of 


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budwood of certain Prunus species that 

are susceptible to plum pox potyvirus 

from Belgium, Canada, France, 

Germany, Great Britain, or the 

Netherlands. We are doing so because of 

a notice that we published in the 

Federal Register on April 18, 2013 (78 

FR 23209–23219, Docket No. APHIS– 

2011–0072). In that notice, pursuant to 

paragraph (b) of § 319.37–2(a), we added 

Chaenomeles and Cydonia spp. plants 

for planting, except seed, from all 

countries other than Canada; Malus spp. 

plants for planting, except seed, from all 

countries other than Belgium, Canada, 

France, Germany, or the Netherlands; 

Prunus spp. plants for planting, except 

seed, from all countries other than 

Canada and the Netherlands; and Pyrus 

spp. plants for planting, except seed, 

from all countries other than Canada to 

a list of taxa whose importation into the 

United States is not authorized pending 

pest risk analysis (referred to below as 

the NAPPRA list). 

The revisions that we proposed to the 

requirements in paragraph (b)(1) of 

§ 319.37–5 regarding the importation of 

restricted articles of Chaenomeles, 

Cydonia, Malus, Prunus, Pyrus, and 

Vitis spp. predated the issuance of the 

notice, and therefore need to be revised 

in light of it. Primarily, we wish to 

ensure that paragraph (b)(1) could not 

be construed to authorize the 

importation of Chaenomeles, Cydonia, 

Malus, Prunus, Pyrus, or Vitis spp. 

restricted articles from a country that 

was added to the NAPPRA list in the 

notice. 

Accordingly, in this final rule, 

paragraph (b)(1)(i) of § 319.37–5 

contains conditions for the importation 

of Chaenomeles spp. and Cydonia spp. 

restricted articles (except seeds) from 

Canada. Paragraph (b)(1)(ii) of § 319.37– 

5 contains conditions for the 

importation of Malus spp. restricted 

articles (except seeds) from Belgium, 

Canada, France, Germany, or the 

Netherlands. Paragraph (b)(1)(iii) of 

§ 319.37–5 contains conditions for the 

importation of Prunus spp. restricted 

articles (except seeds) not susceptible to 

plum pox potyvirus from Canada or the 

Netherlands. Paragraph (b)(1)(iv) of 

§ 319.37–5 contains conditions for the 

importation of Pyrus spp. restricted 

articles (except seeds) from Canada. 

Finally, paragraph (b)(1)(v) of § 319.37– 

5 contains conditions for the 

importation of Vitis spp. restricted 

articles (except seeds) from Canada. 

These paragraphs retain the 

provisions that we would have added to 

paragraph (b)(1) of § 319.37–5 regarding 

grafted articles, or articles in which 

plant parts from one plant are inserted 

into those of another plant for purposes 

of propagation, and are, in other 

respects, substantially similar in content 

to our proposed revisions to paragraph 

(b)(1) of § 319.37–5. However, we 

believe that, by dividing paragraph 

(b)(1) into commodity-specific 

subparagraphs, we will provide 

importers and other interested parties 

with greater clarity regarding our 

importation requirements for a given 

species. 

The additions to the NAPPRA list in 

the notice also led us to modify our 

proposed revisions to paragraph (b)(2) of 

§ 319.37–5. In this final rule, paragraph 

(b)(2) of § 319.37–5 now only contains 

conditions for the importation of 

budwood of Prunus spp. susceptible to 

plum pox potyvirus from the 

Netherlands. 

The additions to the NAPPRA list in 

the notice required us to modify some 

of our proposed harmonizing changes to 

§§ 319.37–2 and 319.37–7. Within 

§ 319.37–7, paragraph (a)(3) contains a 

table requiring certain restricted articles 

(excluding seeds) from certain countries 

to be grown under post-entry quarantine 

conditions in order for the articles to be 

imported into the United States. The 

table had contained entries requiring 

post-entry quarantine for Chaenomeles, 

Cydonia, and Pyrus spp. restricted 

articles that meet the conditions for 

importation in § 319.37–5(b). 

However, as a result of the changes to 

the NAPPRA list, these species of 

articles may only be imported into the 

United States from Canada, and, 

because of long-standing operational 

practices, we do not require post-entry 

quarantine for restricted articles from 

Canada. As a result, we are removing 

the entries for Chaenomeles, Cydonia, 

and Pyrus spp. restricted articles from 

the table. 

In our proposed rule, the entries for 

Chaenomeles and Cydonia spp. articles 

in a table in § 319.37–2 would have 

prohibited the importation of any 

articles of those species that did not 

meet the conditions for importation in 

§ 319.37–5(b) and § 319.37–7. Because 

we have removed the entries for 

Chaenomeles and Cydonia spp. 

restricted articles from § 319.37–7, the 

entries for those species in the table in 

§ 319.37–2 do not refer to § 319.37–7. 

In our proposed rule, our proposed 

revision to the entry in the table in 

§ 319.37–7 for Prunus spp. would have 

required post-entry quarantine for 

Prunus spp. restricted articles imported 

from all countries listed in § 319.37–5(b) 

except Canada. In this final rule, as a 

result of the NAPPRA notice, it requires 

post-entry quarantine for all Prunus spp. 

restricted articles imported into the 

United States from the Netherlands. 

Finally, in the course of reviewing our 

proposed revisions to § 319.37–5 in light 

of the NAPPRA notice, we realized that 

both proposed paragraph (b)(4)(i) and 

paragraph (b)(4)(ii) of § 319.37–5 could 

be construed to contain provisions 

regarding the importation of seed of 

Prunus spp. susceptible to plum pox 

(=Sharka) potyvirus from Belgium, 

Canada, France, Germany, Great Britain, 

and the Netherlands. However, we only 

intended proposed paragraph (b)(4)(i) to 

contain such provisions. As a result, we 

have made editorial revisions to 

paragraph (b)(4)(ii) to clarify its scope. 

Comment Regarding the Importation of 

Dianthus spp. From the Netherlands 

In our proposed rule, we proposed to 

authorize the importation of Dianthus 

spp. (carnations) from the Netherlands, 

subject to certain conditions proposed 

to us by the NPPO of the Netherlands. 

One commenter expressed general 

concern that the importation of 

Dianthus spp. from the Netherlands 

could result in the introduction of plant 

pests into the United States, but did not 

cite any particular plant pest risks or 

scientific evidence to elaborate on this 

general concern. 

As we mentioned in the proposed 

rule, we evaluated the conditions for the 

importation of Dianthus spp. from the 

Netherlands that the NPPO of the 

Netherlands proposed, and determined 

that they address the plant pest risk 

associated with such importation. 

Controlled Import Permits 

In the proposed rule, we proposed to 

amend § 319.37–1 to add a definition of 

Administrator to that section. However, 

on May 2, 2013, we published in the 

Federal Register a final rule (78 FR 

25565–25572, Docket No. APHIS–2008– 

0055) that amended the regulations to 

establish the controlled import permit 

as a single type of authorization for the 

importation into the United States of 

otherwise prohibited or restricted plants 

for planting for experimental, 

therapeutic, or developmental purposes. 

Among other changes, that final rule 

added an identical definition of 

Administrator to the one we proposed to 

add to § 319.37–1. Accordingly, since a 

definition of Administrator has already 

been added to the regulations, and this 

definition mirrors the one we proposed, 

we do not need to finalize our proposed 

definition. 

Consolidation of Permits 

In the proposed rule, we proposed a 

number of revisions to § 319.37–3 of the 

regulations. Among other proposed 

revisions to that section, we proposed to 

revise paragraph (d) to incorporate 


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74588 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 

nonsubstantive editorial changes that 

updated and simplified its language. 

However, in a final rule published in 

the Federal Register on April 10, 2014 

(79 FR 19805–19812, Docket No. 

APHIS–2011–0085), we simplified the 

language in paragraph (d) in a manner 

which obviates the need for our 

proposed revisions. Accordingly, we are 

not finalizing these proposed revisions. 

Therefore, for the reasons given in the 

proposed rule and in this document, we 

are adopting the proposed rule as a final 

rule, with the changes discussed in this 

document. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This 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. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis identifies 

importers and wholesale merchants of 

flowers, nursery stock, and florists’ 

supplies, as well as wholesale 

merchants of fresh fruits and vegetables, 

as the small entities most likely to be 

affected by this action. The analysis 

considers the losses that may occur due 

to relaxing restrictions on the 

importation of certain plants for 

planting into the United States, while 

strengthening or expanding the scope of 

certain other restrictions. The analysis 

expects such losses to be relatively 

minor and anticipates that they would 

not substantively adversely impact 

small entities. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action would not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12988 

This 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 

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.). The information collection or 

recordkeeping requirements included in 

the regulations amended by this rule 

have been approved by the Office of 

Management and Budget (OMB) under 

OMB control number 0579–0049. 

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 

E-Government Act compliance related 

to this rule, please contact Ms. Kimberly 

Hardy, APHIS’ Information Management 

Specialist, at (301) 851–2727. 

List of Subjects 

7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

7 CFR Part 361 

Agricultural commodities, Imports, 

Labeling, Quarantine, Reporting and 

recordkeeping requirements, Seeds, 

Vegetables, Weeds. 

Accordingly, we are amending 7 CFR 

parts 319 and 361 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. 

§ 319.37 [Amended] 

■ 2. In § 319.37, in paragraph (b), the 

final sentence is amended by removing 

the words ‘‘and the availability of 

treatment facilities for the article’’ and 

adding in their place the words ‘‘the 

availability of treatment facilities for the 

article, and any other factors pertaining 

to the risk that the article may present 

to plants, plant parts, or plant products 

within the United States that he or she 

considers necessary’’. 

■ 3. Section 319.37–1 is amended as 

follows: 

■ a. In the definition of from, in 

paragraph (b), by adding the words ‘‘or 

an article whose importation into the 

United States is not authorized pending 

pest risk analysis’’ after the words 

‘‘prohibited article’’, and by removing 

the words ‘‘(c), (d), (e), (f), (g), (h), (i), 

(j)’’ and adding the words ‘‘(b)(2), (b)(3), 

(b)(4), (c), (d), (e), (f), (g), (h), (i)’’ in their 

place; 

■ b. In the definition of from by 

redesignating paragraphs (a) through (d) 

as paragraphs (1) through (4), 

respectively; and 

■ c. By revising the definition of 

phytosanitary certificate of inspection. 

The revision reads as follows: 

§ 319.37–1 Definitions. 

* * * * * 

Phytosanitary certificate of 

inspection. A document, including 

electronic versions, that is related to a 

restricted article and is issued not more 

than 15 days prior to shipment of the 

restricted article from the country in 

which it was grown and that: 

(1) Is patterned after the model 

certificate of the International Plant 

Protection Convention, a multilateral 

convention on plant protection under 

the authority of the Food and 

Agriculture Organization of the United 

States (FAO); 

(2) Is issued by an official of a foreign 

national plant protection organization in 

one of the five official languages of the 

FAO; 

(3) Is addressed to the national plant 

protection organization of the United 

States (Animal and Plant Health 

Inspection Service); 

(4) Describes the shipment; 

(5) Certifies the place of origin for all 

contents of the shipment; 

(6) Certifies that the shipment has 

been inspected and/or tested according 

to appropriate official procedures and is 

considered free from quarantine pests of 

the United States; 

(7) Contains any additional 

declarations required by this subpart; 

and 

(8) Certifies that the shipment 

conforms with the phytosanitary 

requirements of the United States and is 

considered eligible for importation 

pursuant to the laws and regulations of 

the United States. 

* * * * * 

■ 4. In § 319.37–2, in paragraph (a), the 

table is amended as follows: 

■ a. By removing the entries for 

‘‘Arikuryoba spp. (arikury palm)’’, 

‘‘Chrysalidocarpus spp. (butterfly 

palm)’’, ‘‘Mahoberberis spp. (plants of 

all species and horticultural varieties 

not designated as resistant to black stem 

rust in accordance with § 301.38–1 of 

this chapter)’’, ‘‘Mahoberberis spp. 

destined to an eradication State listed in 

§ 301.38–2(a) of this chapter (plants of 

all species and horticultural varieties 

designated as resistant to black stem 

rust in accordance with § 301.38–1 of 

this chapter)’’, ‘‘Mahoberberis spp. 

seed’’, ‘‘Mahonia spp. (mahonia) (plants 

of all species and horticultural varieties 


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not designated as resistant to black stem 

rust in accordance with § 301.38–1 of 

this chapter)’’, ‘‘Mahonia spp. 

(mahonia) destined to an eradication 

State listed in § 301.38–2(a) of this 

chapter (plants of all species and 

horticultural varieties designated as 

resistant to black stem rust in 

accordance with § 301.38–1 of this 

chapter)’’, ‘‘Mahonia spp. seed’’, and 

‘‘Neodypsis spp. (palm)’’; 

■ b. In the entry for ‘‘Acer spp. (maple) 

(except Acer palmatum and Acer 

japonicum meeting the conditions for 

importation in § 319.37–5(m)’’, by 

removing the words ‘‘in § 319.37–5(m)’’ 

and adding the words ‘‘in §§ 319.37–5 

or 319.37–7’’ in their place; 

■ c. In the entry for ‘‘Berberis spp. 

(barberry) (plants of all species and 

horticultural varieties not designated as 

resistant to black stem rust in 

accordance with § 301.38–1 of this 

chapter)’’, by removing the word 

‘‘(barberry)’’ and adding the words 

‘‘(barberry, includes Mahoberberis and 

Mahonia spp.)’’ in its place; 

■ d. In the entry for ‘‘Berberis spp. 

(barberry) destined to an eradication 

State listed in § 301.38–2a of this 

chapter (plants of all species and 

horticultural varieties designated as 

resistant to black stem rust in 

accordance with § 301.38–1 of this 

chapter),’’ by removing the word 

‘‘(barberry)’’ and adding the words 

‘‘(barberry, includes Mahoberberis and 

Mahonia spp.)’’ in its place; 

■ e. In the entry for ‘‘Berberis spp. 

(barberry) seed’’, by removing the word 

‘‘(barberry)’’ and adding the words 

‘‘(barberry, includes Mahoberberis and 

Mahonia spp.)’’ in its place; 

■ f. By revising the entry for 

‘‘Chaenomeles spp. (flowering quince) 

not meeting the conditions for 

importation in § 319.37–5(b)’’; 

■ g. By revising the entry for 

‘‘Chrysanthemum, spp. 

(chrysanthemum, includes 

Dendranthema spp.)’’; 

■ h. By adding an entry for ‘‘Dypsis spp. 

(butterfly palm)’’ in alphabetical order; 

■ i. By revising the entry for 

‘‘Leucanthemella serotina’’; 

■ j. In the entry for ‘‘Malus spp. (apple, 

crabapple) not meeting the conditions 

for importation in § 319.37–5(b)’’, by 

removing the words ‘‘in § 319.37–5(b)’’ 

and adding the words ‘‘in §§ 319.37– 

5(b) and 319.37–7’’ in their place; 

■ k. By revising the entry for 

‘‘Nipponanthemum nipponicum’’; 

■ l. By removing the entry for ‘‘Prunus 

spp. (almond, apricot, cherry, cherry 

laurel, English laurel, nectarine, peach, 

plum, prune) not meeting the conditions 

for importation in § 319.37–5(b)’’ and 

adding a new entry for ‘‘Prunus spp. not 

meeting the conditions for importation 

in § 319.37–5(b)’’ in its place; 

■ m. By removing the entry for ‘‘Prunus 

spp. seed only (almond, apricot, 

nectarine, peach, plum, and prune, but 

not species in subgenus Cerasus) not 

meeting the conditions for importation 

in § 319.37–5(j)’’ and adding a new 

entry for ‘‘Prunus spp. seed only not 

meeting the conditions for importation 

in § 319.37–5(b)’’ in its place; 

■ n. In the entry for ‘‘Salix spp. 

(willow)’’, by removing the words 

‘‘Erwinia salicis (Day) Chester’’ and 

adding the words ‘‘Brenneria salicis 

(Day) Hauben et al., syn. Erwinia salicis 

(Day) Chester’’ in their place; and 

■ o. By adding an entry for ‘‘Syagrus 

schizophylla (Mart.) Glassman (arikury 

palm)’’ in alphabetical order. 

The additions and revisions read as 

follows: 

§ 319.37–2 Prohibited articles. 

(a) * * * 

Prohibited article 

(includes seeds only if specifically mentioned) 

Foreign places from 

which prohibited 

Quarantine pests existing in the places named and 

capable of being transported with the prohibited article 

*******

Chaenomeles spp. (flowering quince) not meeting the conditions for importation in §§ 319.37–5(b).All .............................. A diversity of diseases including but not limited to those 

listed for Chaenomeles in § 319.37–5(b). 

Chrysanthemum spp. (chrysanthemum, includes 

Dendranthema spp.) not meeting the conditions for importation in §§ 319.37–5(c) and 319.37–7.

All .............................. Puccinia horiana P. Henn. (white rust of chrysanthemum). 

*******

Dypsis spp. (butterfly palm) .................................................. All .............................. A diversity of diseases including but not limited to: Lethal 

yellowing disease; Cadang-cadang disease. 

*******

Leucanthemella serotina not meeting the conditions for importation in §§ 319.37–5(c) and 319.37–7.All .............................. Puccinia horiana P. Henn. (white rust of chrysanthemum). 

* * * * * * * 

Nipponanthemum nipponicum not meeting the conditions 

for importation in §§ 319.37–5(c) and 319.37–7.

All .............................. Puccinia horiana P. Henn. (white rust of chrysanthemum). 

*******

Prunus spp. not meeting the conditions for importation in 

§ 319.37–5(b).

All .............................. A diversity of diseases including but not limited to those 

listed for Prunus in § 319.37–5(b). 

Prunus spp. seed only not meeting the conditions for importation in § 319.37–5(b).All .............................. Plum pox (=Sharka) potyvirus. 

*******

Syagrus schizophylla (Mart.) Glassman (arikury palm) ....... All .............................. A diversity of diseases including but not limited to: Lethal 

yellowing disease; Cadang-cadang disease. 

* * * * * * * 

* * * * * 

■ 5. Section 319.37–3 is amended as 

follows: 

■ a. By revising paragraphs (a)(1) 

through (11); 

■ b. By removing paragraphs (a)(12) 

through (19); and 

■ c. By adding paragraph (b). 


tkelley on DSK3SPTVN1PROD with RULES
74590 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 

The revisions and addition read as 

follows: 

§ 319.37–3 Permits. 

(a) * * * 

(1) Lots of 13 or more articles (other 

than seeds of herbaceous plants, 

precleared bulbs of a taxon approved by 

APHIS for preclearance, or sterile 

cultures of orchid plants) from any 

country or locality except Canada; 

(2) Seeds of non-herbaceous plants, 

such as trees and shrubs, from any 

country or locality except Canada; 

(3) Articles subject to the 

requirements of § 319.37–5; 

(4) Articles subject to the postentry 

quarantine conditions of § 319.37–7; 

(5) Small lots of seed imported in 

accordance with § 319.37–4(d) of this 

subpart; 

(6) Articles subject to treatment and 

other requirements of § 319.37–6; 

(7) Seed of herbaceous plants for 

planting that is coated, pelleted, or 

embedded in a substrate that obscures 

visibility; 

(8) Articles (except seeds) of Malus 

spp. (apple, crabapple), Pyrus spp. 

(pear), Prunus spp., Cydonia spp. 

(quince), Chaenomeles spp. (flowering 

quince), Rubus spp. (cloudberry, 

blackberry, boysenberry, dewberry, 

loganberry, raspberry), and Vitis spp. 

(grape) from Canada; 

(9) Articles (except seeds) of Fraxinus 

spp. (ash) from counties or municipal 

regional counties in Canada that are not 

regulated for emerald ash borer (EAB) 

but that are within an EAB-regulated 

Province or Territory and are not 

prohibited under § 317.37–2; 

(10) Articles (except seeds) of Pinus 

spp. from Canada; and 

(11) Solanum tuberosum true seed 

from New Zealand and the X region of 

Chile (that area of Chile between 39° 

and 44° South latitude—see § 317.37– 

5(o)); 

(b) An application for a written permit 

should be submitted to the Plant 

Protection and Quarantine Programs 

(Animal and Plant Health Inspection 

Service, Plant Protection and 

Quarantine, 4700 River Road Unit 136, 

Riverdale, MD 20737–1236) at least 30 

days prior to the arrival of the article at 

the port of entry. The completed 

application must contain the following 

information: 

(1) Name, address, and telephone 

number of the importer; 

(2) Approximate quantity and kinds 

(botanical designations) of articles 

intended to be imported; 

(3) Country(ies) or locality(ies) where 

grown; 

(4) Intended United States port of 

entry; 

(5) Means of transportation, e.g., mail, 

airmail, express, air express, freight, 

airfreight, or baggage; and 

(6) Expected date of arrival. 

* * * * * 

■ 6. Section 319.37–4 is amended as 

follows: 

■ a. By revising paragraph (a) 

introductory text; 

■ b. In paragraph (a)(4), by removing the 

word ‘‘Bulbs’’ and adding the words 

‘‘Small packages of bulbs offered to 

travelers returning’’ in its place, and by 

adding the word ‘‘within’’ before the 

words ‘‘6 weeks after the issuance’’; and 

■ c. In paragraph (b), by removing the 

words ‘‘may be sampled and inspected’’ 

and adding the words ‘‘must be 

presented for inspection’’ in their place. 

The revision reads as follows: 

§ 319.37–4 Inspection, treatment, and 

phytosanitary certificates of inspection. 

(a) Phytosanitary certificates of 

inspection. Any restricted article offered 

for importation into the United States 

must be accompanied by a 

phytosanitary certificate, unless the 

article is explicitly exempted from this 

requirement in the paragraphs below. 

The phytosanitary certificate must 

identify the genus of the article it 

accompanies. When the regulations in 

this subpart place restrictions on 

individual species or cultivars within a 

genus, the phytosanitary certificate must 

also identify the species or cultivar of 

the article it accompanies. If the plant 

is grafted, budded, or otherwise 

contains interpolated plant parts, the 

phytosanitary certificate must list the 

identity of any plant parts (e.g., scion, 

rootstock, or interstem) that belong to 

restricted taxa to the lowest regulated 

taxon, e.g., genus, species, or cultivar. 

Otherwise, identification of the species 

is strongly preferred, but not required. 

Intergeneric and interspecific hybrids 

must be designated by placing the 

multiplication sign ‘‘x’’ between the 

names of the parent taxa. If the hybrid 

is named, the multiplication sign may 

instead be placed before the name of an 

intergeneric hybrid or before the epithet 

in the name of an interspecific hybrid. 

Phytosanitary certificates are not 

required to accompany the following 

restricted articles: 

* * * * * 

■ 7. Section 319.37–5 is amended as 

follows: 

■ a. By revising paragraphs (a), (b), and 

(c); 

■ b. In paragraph (d), by adding the 

words ‘‘or the Netherlands’’ after the 

words ‘‘Great Britain’’ each time they 

occur; 

■ c. By removing and reserving 

paragraph (j); 

■ d. In paragraph (k), by removing the 

word ‘‘Feijoa’’ and adding the words 

‘‘Acca sellowiana (O. Berg) Burret’’ in 

its place; 

■ e. In paragraph (m), by adding the 

words ‘‘, and unless the article is subject 

to the postentry quarantine 

requirements of § 319.37–7(a)’’ at the 

end of the sentence; and 

■ f. In paragraph (v)(4)(iv), by removing 

the words ‘‘to the plants’’. 

The revisions read as follows: 

§ 319.37–5 Special foreign inspection and 

certification requirements. 

(a) Any restricted article (except 

seeds, unrooted cuttings, and articles 

declared solely for food, analytical, or 

manufacturing purposes) from Albania, 

Algeria, Argentina, Armenia, Australia, 

Austria, Azerbaijan, Azores, Belarus, 

Belgium, Bolivia, Bulgaria, Canada (all 

areas regulated by the national plant 

protection organization of Canada for 

potato cyst nematodes), Channel 

Islands, Chile, Columbia, Costa Rica, 

Crete, Croatia, Cyprus, Czech Republic, 

Denmark (including Faeroe Islands), 

Ecuador, Egypt, Estonia, Falkland 

Islands, Finland, France, Georgia, 

Germany, Great Britain, Greece, 

Guernsey, Hungary, Iceland, India, 

Indonesia, Ireland, Italy, Japan, Jersey, 

Jordan, Kazakhstan, Kyrgyzstan, Latvia, 

Lebanon, Libya, Liechtenstein, 

Lithuania, Luxembourg, Malta, Mexico, 

Republic of Moldova, Morocco, the 

Netherlands, New Zealand, Northern 

Ireland, Norway, Pakistan, Panama, 

Peru, the Philippines, Poland, Portugal 

(including Madeira), Romania, Russian 

Federation, Serbia and Montenegro, 

Sierra Leone, Slovakia, Slovenia, South 

Africa, Spain (including Canary Islands 

and Mallorca), Sri Lanka, Sweden, 

Switzerland, Tajikistan, Tunisia, 

Turkey, Turkmenistan, Ukraine, 

Uzbekistan, and Venezuela must be 

accompanied by a phytosanitary 

certificate of inspection with an 

additional declaration either: 

(1) That the article was grown on land 

or in a substrate which has been 

microscopically inspected by the 

national plant protection organization of 

the country in which it was grown 

within 12 months preceding issuance of 

the certificate and found free from 

potato cyst nematodes, Globodera 

rostochiensis (Woll.) Behrens and G. 

pallida (Stone) Behrens; or 

(2) That the article has been grown 

within a secure environment in a 

production area that is free of potato 

cyst nematodes, in a soilless growing 

medium, or in vitro, and has never been 

grown in soil nor come in contact with 

soil. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 74591 

(b)(1)(i) Restricted articles (except 

seeds) of Chaenomeles spp. (flowering 

quince) or Cydonia spp. (quince) from 

Canada, at the time of arrival at the port 

of first arrival in the United States, must 

be accompanied by a phytosanitary 

certificate that contains an additional 

declaration that the article was grown in 

a nursery in Canada and that the article 

was found by the national plant 

protection organization of Canada to be 

free of the injurious plant pathogens 

listed in paragraphs (b)(5)(i), (ii), (iv), 

(xviii), (xix), (xx), and (xxi) of this 

section. The determination by the 

national plant protection organization 

that the article is free of these pathogens 

will be based on visual examination and 

indexing of the parent stock of the 

article and inspection of the nursery 

where the restricted article is grown to 

determine that the nursery is free of the 

specified pathogens. An additional 

declaration on the phytosanitary 

certificate of inspection by the national 

plant protection organization that a 

pathogen does not occur in Canada may 

be used in lieu of visual examination 

and indexing of the parent stock for that 

pathogen and inspection of the nursery. 

Finally, for articles containing more 

than one plant part (e.g., grafted or 

budded plants), if the scion, interstem, 

rootstock, or any other plant part of the 

finished plant that is offered for 

importation belongs to a taxon listed 

within this paragraph as a regulated 

taxon, the additional declaration must 

address the quarantine pests and related 

restrictions associated with that taxon. 

The additional declaration must list all 

plant parts of regulated taxa that have 

been incorporated into the finished 

plant. 

(ii) Restricted articles (except seeds) 

of Malus spp. (apple, crabapple) from 

Belgium, Canada, France, Germany, or 

the Netherlands, at the time of arrival at 

the port of first arrival in the United 

States, must be accompanied by a 

phytosanitary certificate that contains 

an additional declaration that the article 

was grown in a nursery in Belgium, 

Canada, France, Germany, or the 

Netherlands, and that the article was 

found by the national plant protection 

organization of the country in which it 

was grown to be free of the injurious 

plant pathogens listed in paragraphs 

(b)(5)(i), (ii), (iii), (vi), (vii), (viii), (xxii), 

(xxiii), (xl), (xli), (xlii), and (xliii) of this 

section. The determination by the 

national plant protection organization 

that the article is free of these pathogens 

will be based on visual examination and 

indexing of the parent stock of the 

article and inspection of the nursery 

where the restricted article is grown to 

determine that the nursery is free of the 

specified pathogens. An additional 

declaration on the phytosanitary 

certificate of inspection by the national 

plant protection organization that a 

pathogen does not occur in the country 

in which the article is grown may be 

used in lieu of visual examination and 

indexing of the parent stock for that 

pathogen and inspection of the nursery. 

Finally, for articles containing more 

than one plant part (e.g., grafted or 

budded plants), if the scion, interstem, 

rootstock, or any other plant part of the 

finished plant that is offered for 

importation belongs to a taxon listed 

within this paragraph as a regulated 

taxon, the additional declaration must 

address the quarantine pests and related 

restrictions associated with that taxon. 

The additional declaration must list all 

plant parts of regulated taxa that have 

been incorporated into the finished 

plant. 

(iii) Restricted articles (except seeds) 

of Prunus spp. (almond, apricot, cherry, 

cherry laurel, English laurel, nectarine, 

peach, plum, prune) not susceptible to 

plum pox (=Sharka) potyvirus (P. 

avium, P. cerasus, P. effusa, P. 

laurocerasus, P. mahaleb, P. padus, P. 

sargentii, P. serotina, P. serrula, P. 

serrulata, P. subhirtella, P. yedoensis, 

and P. virginiana) from Canada or the 

Netherlands, at the time of arrival at the 

port of first arrival in the United States, 

must be accompanied by a 

phytosanitary certificate that contains 

an additional declaration that the article 

was grown in a nursery in Canada or the 

Netherlands and that the article was 

found by the national plant protection 

organization of the country in which it 

was grown to be free of the injurious 

plant pathogens listed in paragraphs 

(b)(5)(i), (x) through (xvii), (xxii), and 

(xliii) of this section. The determination 

by the national plant protection 

organization that the article is free of 

these pathogens will be based on visual 

examination and indexing of the parent 

stock of the article and inspection of the 

nursery where the restricted article is 

grown to determine that the nursery is 

free of the specified pathogens. An 

additional declaration on the 

phytosanitary certificate of inspection 

by the national plant protection 

organization that a pathogen does not 

occur in the country in which the article 

is grown may be used in lieu of visual 

examination and indexing of the parent 

stock for that pathogen and inspection 

of the nursery. Finally, for articles 

containing more than one plant part 

(e.g., grafted or budded plants), if the 

scion, interstem, rootstock, or any other 

plant part of the finished plant that is 

offered for importation belongs to a 

taxon listed within this paragraph as a 

regulated taxon, the additional 

declaration must address the quarantine 

pests and related restrictions associated 

with that taxon. The additional 

declaration must list all plant parts of 

regulated taxa that have been 

incorporated into the finished plant. 

(iv) Restricted articles (except seeds) 

of Pyrus spp. (pear) from Canada, at the 

time of arrival at the port of first arrival 

in the United States, must be 

accompanied by a phytosanitary 

certificate that contains an additional 

declaration that the article was grown in 

a nursery in Canada and that the article 

was found by the national plant 

protection organization of Canada to be 

free of the injurious plant pathogens 

listed in paragraphs (b)(5)(i), (ii), (iv), 

(v), (xviii), (xix), (xx), (xliii), and (xliv) 

of this section. The determination by the 

national plant protection organization 

that the article is free of these pathogens 

will be based on visual examination and 

indexing of the parent stock of the 

article and inspection of the nursery 

where the restricted article is grown to 

determine that the nursery is free of the 

specified pathogens. An additional 

declaration on the phytosanitary 

certificate of inspection by the national 

plant protection organization that a 

pathogen does not occur in Canada may 

be used in lieu of visual examination 

and indexing of the parent stock for that 

pathogen and inspection of the nursery. 

Finally, for articles containing more 

than one plant part (e.g., grafted or 

budded plants), if the scion, interstem, 

rootstock, or any other plant part of the 

finished plant that is offered for 

importation belongs to a taxon listed 

within this paragraph as a regulated 

taxon, the additional declaration must 

address the quarantine pests and related 

restrictions associated with that taxon. 

The additional declaration must list all 

plant parts of regulated taxa that have 

been incorporated into the finished 

plant. 

(v) Restricted articles (except seeds) of 

Vitis spp. (grape) from Canada, at the 

time of arrival at the port of first arrival 

in the United States, must be 

accompanied by a phytosanitary 

certificate that contains an additional 

declaration that the article was grown in 

a nursery in Canada and that the article 

was found by the national plant 

protection organization of Canada to be 

free of the injurious plant pathogens 

listed in paragraphs (b)(5)(xiv) through 

(xvii) and (xxiv) through (xxxix) of this 

section. The determination by the 

national plant protection organization 

that the article is free of these pathogens 

will be based on visual examination and 


tkelley on DSK3SPTVN1PROD with RULES
74592 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 

indexing of the parent stock of the 

article and inspection of the nursery 

where the restricted article is grown to 

determine that the nursery is free of the 

specified pathogens. An additional 

declaration on the phytosanitary 

certificate of inspection by the national 

plant protection organization that a 

pathogen does not occur in Canada may 

be used in lieu of visual examination 

and indexing of the parent stock for that 

pathogen and inspection of the nursery. 

Finally, for articles containing more 

than one plant part (e.g., grafted or 

budded plants), if the scion, interstem, 

rootstock, or any other plant part of the 

finished plant that is offered for 

importation belongs to a taxon listed 

within this paragraph as a regulated 

taxon, the additional declaration must 

address the quarantine pests and related 

restrictions associated with that taxon. 

The additional declaration must list all 

plant parts of regulated taxa that have 

been incorporated into the finished 

plant. 

(2) Budwood of Prunus spp. 

susceptible to plum pox (=Sharka) 

potyvirus (species other than P. avium, 

P. cerasus, P. effusa, P. laurocerasus, P. 

mahaleb, P. padus, P. sargentii, P. 

serotina, P. serrula, P. serrulata, P. 

subhirtella, P. yedoensis, and P. 

virginiana) and grown in the 

Netherlands may be imported into the 

United States only if it is accompanied 

by a phytosanitary certificate with an 

additional declaration that the original 

parent stock (nuclear stock) has been 

indexed and found free of pathogens in 

paragraphs (b)(5)(i), (ix) through (xvii), 

(xxii), (xliii), and (xliv) of this section by 

the appropriate national fruit tree 

certification program, and only if the 

original parent stock from which the 

budwood is taken is produced within a 

secure, enclosed, APHIS-approved pestexclusionary facility within a national 

plant protection organization-operated 

or -approved nuclear stock program 

where the parent stock is maintained in 

a pathogen-free state. 

(3) Restricted articles, except seeds, of 

Prunus spp. susceptible to plum pox 

(=Sharka) potyvirus (species other than 

P. avium, P. cerasus, P. effusa, P. 

laurocerasus, P. mahaleb, P. padus, P. 

sargentii, P. serotina, P. serrula, P. 

serrulata, P. subhirtella, P. yedoensis, 

and P. virginiana) from Canada must be 

accompanied by a phytosanitary 

certificate that contains an additional 

declaration that the article was grown in 

a nursery in Canada, that the article was 

found by the national plant protection 

organization of Canada to be free of the 

injurious plant pathogens listed in 

paragraphs (b)(5)(i), (ix) through (xvii), 

(xxii), (xliii), and (xliv) of this section, 

and that the article was grown in an area 

that has been surveyed and found free 

of plum pox (=Sharka) potyvirus 

according to a surveying protocol 

mutually agreed upon by APHIS and the 

national plant protection organization of 

Canada. The determination by the 

national plant protection organization of 

Canada that the article is free of these 

pathogens will be based on visual 

examination and indexing of the parent 

stock of the article and inspection of the 

nursery where the restricted article is 

grown to determine that the nursery is 

free of the specified pathogens. An 

additional declaration on the 

phytosanitary certificate of inspection 

by the national plant protection 

organization of Canada that a pathogen 

does not occur in Canada may be used 

in lieu of visual examination and 

indexing of the parent stock for that 

pathogen and inspection of the nursery. 

Finally, if any part of the article is not 

from Canada, but rather from a third 

country, that article must meet the entry 

requirements of this subpart as if the 

article had been directly imported into 

the United States from that third 

country. 

(4)(i) Seeds of Prunus spp. susceptible 

to plum pox (=Sharka) potyvirus 

(species other than P. avium, P. cerasus, 

P. effusa, P. laurocerasus, P. mahaleb, P. 

padus, P. sargentii, P. serotina, P. 

serrula, P. serrulata, P. subhirtella, P. 

yedoensis, and P. virginiana) from 

Belgium, Canada, France, Germany, 

Great Britain, or the Netherlands shall, 

at the time of arrival at the port of first 

arrival at the United States, be 

accompanied by a phytosanitary 

certificate of inspection containing 

accurate additional declarations that: 

(A) The seeds are from parent stock 

grown in a nursery in Belgium, Canada, 

France, Germany, Great Britain, or the 

Netherlands that is free of plum pox 

(=Sharka) potyvirus; and 

(B) The seeds have been found by the 

national plant protection organization of 

the country in which they are produced 

to be free of plum pox (=Sharka) 

potyvirus based on the testing of parent 

stock by visual examination and 

indexing. 

(ii) Seeds of Prunus spp. susceptible 

to plum pox (=Sharka) potyvirus 

(species other than P. avium, P. cerasus, 

P. effusa, P. laurocerasus, P. mahaleb, P. 

padus, P. sargentii, P. serotina, P. 

serrula, P. serrulata, P. subhirtella, P. 

yedoensis, and P. virginiana) from all 

countries except for the countries of 

Europe, Argentina, Canada, Chile, 

Cyprus, Japan, Syria, and Turkey, shall, 

at the time of arrival at the port of first 

arrival, be accompanied by a 

phytosanitary certificate of inspection, 

containing an accurate additional 

declaration that plum pox (=Sharka) 

potyvirus does not occur in the country 

in which the seeds were produced. The 

importation of seeds of Prunus spp. 

susceptible to plum pox (=Sharka) 

potyvirus (species other than P. avium, 

P. cerasus, P. effusa, P. laurocerasus, P. 

mahaleb, P. padus, P. sargentii, P. 

serotina, P. serrula, P. serrulata, P. 

subhirtella, P. yedoensis, and P. 

virginiana) from Belgium, Canada, 

France, Germany, Great Britain, and the 

Netherlands is authorized subject to the 

conditions of paragraph (b)(4)(i) of this 

section. The importation of seeds of 

Prunus spp. susceptible to plum pox 

(=Sharka) potyvirus (species other than 

P. avium, P. cerasus, P. effusa, P. 

laurocerasus, P. mahaleb, P. padus, P. 

sargentii, P. serotina, P. serrula, P. 

serrulata, P. subhirtella, P. yedoensis, 

and P. virginiana) from all other 

countries in Europe, as well as 

Argentina, Chile, Cyprus, Japan, Syria, 

and Turkey, is prohibited. 

(5) List of pathogens: 

(i) Monilinia fructigena (Aderh. & 

Ruhl.) Honey (Brown rot of fruit). 

(ii) Guignardia piricola (Nose) 

Yamomoto (Leaf, branch, and fruit 

disease). 

(iii) Apple proliferation phytoplasma. 

(iv) Pear blister canker apscaviroid. 

(v) Pear bud drop virus. 

(vi) Diaporthe mali Bres. (Leaf, 

branch, and fruit fungus). 

(vii) Apple green crinkle agent (Apple 

false sting virus). 

(viii) Apple chat fruit agent (Apple 

small fruit). 

(ix) Plum pox (=Sharka) potyvirus and 

its strains. 

(x) Cherry leaf roll nepovirus (Elm 

mosaic virus, golden elderberry virus). 

(xi) European cherry rusty mottle 

virus. 

(xii) European stone fruit yellows 

phytoplasma (Apricot chlorotic leaf roll 

agent). 

(xiii) Plum bark split trichovirus. 

(xiv) Arabis mosaic nepovirus and its 

strains. 

(xv) Raspberry ringspot nepovirus 

(European cherry rasp leaf) and its 

strains. 

(xvi) Tomato blackring nepovirus 

(Myrobalan latent ringspot, peach shoot 

stunting) and its strains. 

(xvii) Strawberry latent ringspot 

sadwavirus (Peach willow leaf rosette, 

Court noue) and its strains. 

(xviii) Quince sooty ringspot agent. 

(xix) Quince yellow blotch agent (Pear 

yellow blotch agent, Apple rubbery 

wood phytoplasma). 

(xx) Quince stunt agent. 

(xxi) Gymnosporangium asiaticum 

Miyabe ex. Yamada (Rust). 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 74593 

(xxii) Valsa mali Miyabe and Yamada 

ex. Miura (Branch canker fungus). 

(xxiii) Apple ringspot agent (Apple 

thumb mark, Thumb mark, Apple 

Henderson spot agent). 

(xxiv) The following nematode 

transmitted viruses: Artichoke Italian 

latent virus, Grapevine Bulgarian latent 

virus, Grapevine fanleaf virus and its 

strains, and Hungarian chrome mosaic 

virus. 

(xxv) Grapevine asteroid mosaic 

agent. 

(xxvi) Grapevine Bratislava mosaic 

virus. 

(xxvii) Grapevine chasselas latent 

agent. 

(xxviii) Grapevine little leaf agent. 

(xxix) Grapevine vein mosaic agent. 

(xxx) Grapevine vein necrosis agent. 

(xxxi) Flavescence-doree 

phytoplasma. 

(xxxii) Black wood phytoplasma 

(bois-noir). 

(xxxiii) Grapevine infectious necrosis 

bacterium. 

(xxxiv) Xanthomonas ampelina 

Panagopoulas. 

(xxxv) Peyronellaea glomerata Ciferri. 

(xxxvi) Pseudopeziza tracheiphila 

Muller-Thur-gau. 

(xxxvii) Rhacodiella vitis Sterenberg. 

(xxxviii) Rosellinia necatrix Prill. 

(xxxix) Septoria melanosa (Vialla and 

Ravav) Elenk. 

(xl) Apple fruit crinkle apscaviroid. 

(xli) Apple dimple fruit apscaviroid. 

(xlii) Apple scar skin apscaviroid. 

(xliii) Monilinia polystroma. 

(xliv) Apricot pseudo-chlorotic leaf 

spot trichovirus. 

(c) Any restricted article (except 

seeds) of Chrysanthemum spp. 

(chrysanthemum, includes 

Dendranthema spp.), Leucanthemella 

serotina, or Nipponathemum 

nipponicum, from a foreign place except 

Asia, Europe, South America, Australia, 

Mexico, New Zealand, Oceania 

(Melanesia, Micronesia, and Polynesia), 

Republic of South Africa, and Tunisia 

shall, at the time of arrival at the port 

of first arrival in the United States, be 

accompanied by a phytosanitary 

certificate of inspection. The 

phytosanitary certificate of inspection 

must contain a declaration that the 

article was grown in a greenhouse 

nursery and found by the national plant 

protection organization of the country in 

which the article was grown to be free 

of white rust of chrysanthemum (caused 

by the rust fungus Puccinia horiana P. 

Henn.) based on visual examination of 

parent stock, the articles for 

importation, and the greenhouse 

nursery in which the articles for 

importation and the parent stock were 

grown, once a month for 4 consecutive 

months immediately prior to 

importation. Such articles are also 

subject to the postentry quarantine 

requirements of § 319.37–7. 

* * * * * 

■ 8. Section 319.37–6 is amended as 

follows: 

■ a. In paragraph (a), in the table, by 

adding an entry for ‘‘Dioscorea spp. 

(yam) plants for planting, including, but 

not limited to, bulbs, minisetts, and 

yam-setts’’ in alphabetical order; and 

■ b. By adding paragraph (e). 

The additions read as follows: 

§ 319.37–6 Specific treatment and other 

requirements. 

(a) * * * 

Seed/bulb Country/locality Pest(s) for which treatment is required 

*******

Dioscorea spp. (yam) plants for planting, including, but not limited to, bulbs, minisetts, 

and yam-setts.

All countries, except as provided in paragraphs (e)(1) through (e)(3) of this section.A diversity of internal and external feeders, including but not limited to: Aspiditosis hartii 

(yam scale) and Palaeopus costicollis (yam 

weevil). 

* * * * * * * 

* * * * * 

(e) Dioscorea spp. (yam) plants for 

planting, including, but not limited to, 

bulbs, minisetts, and yam-setts, may be 

imported into the United States without 

being treated in accordance with part 

305 of this chapter if: 

(1) They are imported from Japan. 

(2) They are imported from the 

Dominican Republic into Puerto Rico. 

(3) They are imported from the West 

Indies into the U.S. Virgin Islands. 

■ 9. Section 319.37–7 is amended as 

follows: 

■ a. By removing the words ‘‘Postentry 

Quarantine Unit’’ wherever they occur 

and adding the words ‘‘National 

Postentry Quarantine Coordinator’’ in 

their place; 

■ b. In paragraph (a)(3), in the table, by 

revising the entries for ‘‘Acer spp. 

(maple)’’, ‘‘Chrysanthemum spp. 

(chrysanthemum, includes 

Dendranthema spp.) meeting the 

conditions in § 319.37–5(c)’’, 

‘‘Leucanthemella serotina’’, ‘‘Malus spp. 

(apple, crabapple) meeting the 

conditions for importation in § 319.37– 

5(b)’’, ‘‘Nipponanthemum nipponicum’’, 

and ‘‘Prunus spp. (almond, apricot, 

cherry, cherry laurel, English laurel, 

nectarine, peach, plum, prune) meeting 

the conditions for importation in 

§ 319.37–5(b)’’; 

■ c. In paragraph (a)(3), in the table, in 

the entry for ‘‘Dianthus spp. (carnation, 

sweet-william)’’, by adding the words 

‘‘and the Netherlands’’ after the words 

‘‘Great Britain’’; 

■ d. In paragraph (c)(1)(i), by removing 

the words ‘‘, except the District of 

Columbia, Guam, Hawaii, Kansas, and 

the Northern Mariana Islands’’; 

■ e. In paragraph (d)(1), by removing the 

words ‘‘Building 580, BARC-East, 

Beltsville, MD 20705’’ and adding the 

words ‘‘4700 River Road, Unit 133 

Riverdale, MD 20737–1236’’ in their 

place; and 

■ f. By adding paragraph (d)(8). 

The revisions and addition read as 

follows: 

§ 319.37–7 Postentry quarantine. 

(a) * * * 

(3) * * * 

Restricted Article (excluding seeds) Foreign Country(ies) or Locality(ies) from which imported 

*******

Acer spp. (maple) ..................................................................................... All except Canada, Europe (except the Netherlands in accordance with 

§ 319.37–5(m)), and Japan. 


tkelley on DSK3SPTVN1PROD with RULES
74594 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 

Restricted Article (excluding seeds) Foreign Country(ies) or Locality(ies) from which imported 

*******

Chrysanthemum spp. (chrysanthemum), includes Dendranthema spp.), 

meeting the conditions for importation in § 319.37–5.

All except Asia, Europe, South America, Australia, Mexico, New Zealand, Oceania (Melanesia, Micronesia, and Polynesia), Republic of 

South Africa, and Tunisia. 

*******

Leucanthemella serotina meeting the conditions for importation in 

§ 319.37–5.

All except Asia, Europe, South America, Australia, Mexico, New Zealand, Oceania (Melanesia, Micronesia, and Polynesia), Republic of 

South Africa, and Tunisia. 

* * * * * * * 

Malus spp. (apple, crabapple) meeting the conditions for importation in 

§ 319.37–5(b).

All countries listed in § 319.37–5(b). 

* * * * * * * 

Nipponathemum nipponicum meeting the conditions for importation in 

§ 319.37–5.

All except Asia, Europe, South America, Australia, Mexico, New Zealand, Oceania (Melanesia, Micronesia, and Polynesia), Republic of 

South Africa, and Tunisia. 

* * * * * * * 

Prunus spp. meeting the conditions for importation in § 319.37–5(b) ..... The Netherlands. 

* * * * * * * 

* * * * * 

(d) * * * 

(8) To keep the article under postentry 

quarantine conditions until the National 

Postentry Quarantine Coordinator issues 

a written release for the article. 

* * * * * 

§ 319.37–8 [Amended] 

■ 10. In § 319.37–8, paragraph (b)(2) is 

amended by removing the words 

‘‘Newfoundland or from that portion of 

the Municipality of Central Saanich in 

the Province of British Columbia east of 

the West Saanich Road’’ and adding the 

words ‘‘all areas of Canada regulated by 

the national plant protection 

organization of Canada for potato cyst 

nematode’’ in their place. 

■ 11. In § 319.37–10, paragraph (c) is 

revised to read as follows: 

§ 319.37–10 Marking and identity. 

* * * * * 

(c) Any restricted article for 

importation (by mail or otherwise), at 

the time of importation or offer for 

importation into the United States shall 

be accompanied by an invoice or 

packing list indicating the scientific 

names of the articles, at least to the level 

of genus, and the quantity of plants for 

planting in the shipment. Quantity must 

be expressed in the number of plant 

units, or in the case of seeds, by weight 

in grams or kilograms. Finally, when the 

regulations in this subpart place 

restrictions on individual species or 

cultivars within a genus, the invoice or 

packing list must also identify the 

species or cultivar of the articles. 

* * * * * 

§ 319.37–11 [Amended] 

■ 12. Section 319.37–11 is amended by 

adding the words ‘‘that must be 

accompanied by a permit in accordance 

with § 319.37–3(a)(1) through (11)’’ after 

the words ‘‘restricted article’’. 

PART 361—IMPORTATION OF SEED 

AND SCREENINGS UNDER THE 

FEDERAL SEED ACT 

■ 13. The authority citation for part 361 

continues to read as follows: 

Authority: 7 U.S.C. 1581–1610; 7 CFR 2.22, 

2.80, and 371.3. 

§ 361.2 [Amended] 

■ 14. In § 361.2, paragraph (d) is 

amended by adding the words ‘‘and in 

addition to the restrictions of § 319.37– 

3(a)(7),’’ before the words ‘‘coated or 

pelleted seed’’, and by adding the words 

‘‘, or seed that is embedded in a 

substrate that obscures visibility’’ after 

the words ‘‘coated or pelleted seed’’. 

Done in Washington, DC, this 5th day of 

December 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–29114 Filed 12–15–14; 8:45 am] 

BILLING CODE 3410–34–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AJ40 

[NRC–2014–0102] 

List of Approved Spent Fuel Storage 

Casks: Holtec International HI–STORM 

FLOOD/WIND System; Certificate of 

Compliance No. 1032, Amendment 

No. 1 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is confirming the 

effective date of December 17, 2014, for 

the direct final rule that was published 

in the Federal Register on October 3, 

2014. This direct final rule amended the 

NRC’s spent fuel storage regulations by 

revising the Holtec International HI– 

STORM FLOOD/WIND (FW) System 

listing within the ‘‘List of approved 

spent fuel storage casks’’ to include 

Amendment No. 1 to Certificate of 

Compliance (CoC) No. 1032. 

DATES: The effective date of December 

17, 2014, for the direct final rule 

published October 3, 2014 (79 FR 

59623), is confirmed. 

ADDRESSES: Please refer to Docket ID 

NRC–2014–0102 when contacting the 

NRC about the availability of 

information for this action. You may 

obtain publicly-available information 

related to this action by any of the 

following methods: 


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