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

37481 

Vol. 78, No. 120 

Friday, June 21, 2013 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Parts 319, 322, and 360 

[Docket No. APHIS–2011–0085] 

RIN 0579–AD76 

Consolidation of Permit Procedures; 

Denial and Revocation of Permits 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to 

consolidate the regulations concerning 

the issuance of permits for the 

importation and interstate movement of 

a wide variety of regulated plants, plant 

products, and other articles. We would 

also make corresponding changes to the 

regulations concerning permits for the 

importation and interstate movement of 

noxious weeds and the importation of 

honeybees and other beekeeping 

articles. We are also proposing to 

include new provisions in our 

regulations for the denial of a permit 

and the revocation of a permit once 

issued. These changes would make our 

permit procedures more transparent and 

easier to use, allow us to evaluate a 

permit application more quickly and 

thoroughly, and help us hold permittees 

accountable for complying with permit 

conditions. 

DATES: We will consider all comments 

that we receive on or before August 20, 

2013. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2011-0085- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2011–0085, 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-2011-0085 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) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Marc Phillips, Senior Regulatory Policy 

Specialist, Regulatory Compliance and 

Coordination, RPM, PPQ, APHIS, 4700 

River Road Unit 133, Riverdale, MD 

20737–1231; (301) 851–2114. 

SUPPLEMENTARY INFORMATION: 

Background 

The Plant Protection Act, as amended, 

(PPA, 7 U.S.C. 7701 et seq.) states that 

it is the responsibility of the Secretary 

of Agriculture to facilitate exports, 

imports, and interstate commerce of 

agricultural products and other 

commodities that pose a risk of 

harboring plant pests or noxious weeds 

in ways that will reduce the risk of 

dissemination of plant pests or noxious 

weeds that could constitute a threat to 

crops and other plants or plant products 

and burden interstate or foreign 

commerce. The Secretary may prohibit 

or restrict the importation, entry, 

exportation, or movement in interstate 

commerce of any plant, plant product, 

noxious weed, or article if the Secretary 

determines that the prohibition or 

restriction is necessary to prevent the 

introduction of a plant pest or noxious 

weed into the United States or the 

dissemination of a plant pest or noxious 

weed within the United States. 

To implement these prohibitions and 

restrictions, the PPA further provides 

that the Secretary may issue regulations, 

including those that require that a 

permit be obtained for plants, plant 

products, noxious weeds, or other 

regulated articles prior to their 

importation or movement in interstate 

commerce. The Secretary has delegated 

the authority provided by the PPA to the 

Administrator of the Animal and Plant 

Health Inspection Service (APHIS). 

Regulations issued under the authority 

of the PPA are administered and 

enforced by APHIS’ Plant Protection 

and Quarantine program (PPQ). 

Requiring a written permit for the 

importation or interstate movement of 

plants, plant products, noxious weeds, 

or other regulated articles reduces the 

risk of the introduction or dissemination 

of a plant pest or noxious weed in the 

United States in several ways. 

A permit informs applicants of the 

requirements and conditions for 

importation or interstate movement of 

regulated articles that we have 

determined are necessary to mitigate the 

risk of introducing or disseminating a 

plant pest or noxious weed. Requiring a 

written permit also allows APHIS to 

hold permittees accountable for 

complying with permit conditions and 

to specify the plant products allowed 

into the United States or allowed to 

move interstate. A permit prescribes the 

binding conditions that the applicant for 

a permit, and the permittee, must 

adhere to under the permit and the 

pertinent regulations. The information 

contained in an application for a permit 

must also provide for clear and 

continuous accountability for the 

importation or movement. 

The regulations contained in 7 CFR 

part 319, Foreign Quarantine Notices, 

prohibit or restrict the importation into 

the United States of certain plants, 

roots, bulbs, seeds, or other plant 

products to prevent plant pests and 

noxious weeds from being introduced 

and spread within the United States. 

The restricted or prohibited plant 

products include plants for planting, cut 

flowers, fruits and vegetables, foreign 

cotton and covers, sugarcane, citrus, 

corn and related plants, rice, wheat, logs 

and other unmanufactured wood 

articles, packing materials, and coffee. 

The regulations in 7 CFR part 322 

prohibit or restrict the importation of 

honeybees and honeybee semen in order 

to prevent the introduction into the 

United States of diseases and parasites 

harmful to honeybees and of 

undesirable species. 

The regulations in 7 CFR part 360 

restrict the importation and interstate 

movement of those plants that are 

designated as noxious weeds. 

Each of the parts listed above 

provides the requirements for permits 

that are necessary to comply with the 

regulations of that part. Those parts are 

not, however, always consistent in their 

requirements for obtaining a permit, the 


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basis upon which we may deny or 

revoke a permit, or how such a denial 

or revocation may be appealed. 

These inconsistencies have resulted 

in confusion for applicants for a permit 

concerning our permit procedures and 

difficulties for APHIS in providing the 

appropriate guidance concerning the 

regulations. Additionally, the lack of 

consistency in our permit procedures 

has resulted in difficulties with the 

enforcement of our regulations. There 

have been instances of applicants for a 

permit providing false or fraudulent 

information. In other instances, 

permittees have not complied with 

requirements for using a permit. 

Permittees must comply with all 

requirements in the applicable 

regulations and with all permit 

conditions contained in the permit, and 

with applicable administrative 

instructions. Administrative 

instructions are published guidance 

stating how to comply with the 

regulations with regard to a particular 

commodity or situation, and are 

incorporated into the regulations if they 

are of general applicability. See, for 

example, 7 CFR 319.24a, 

‘‘Administrative instructions relating to 

entry of corn into Guam.’’ 

In order to reduce the risk of the 

introduction or dissemination of a plant 

pest or noxious weed into or within the 

United States, we intend to strengthen 

and harmonize the requirements for a 

permit for restricted plants, plant 

products, and other articles regulated 

under the PPA in parts 319, 322, and 

360. 

Specifically, we are proposing to 

establish a new subpart in part 319 

entitled ‘‘Permits: Application, 

Issuance, Denial, and Revocation,’’ 

which would include §§ 319.7 through 

319.7–5 and would serve as generally 

applicable requirements in part 319 for 

obtaining a permit to import or move 

interstate plants or plant products. The 

requirements contained in the new 

subpart would provide applicants for 

permits with more detailed information 

regarding the process for applying for a 

permit and indicate the type of 

information we would require in a 

permit application. We would also make 

consistent and clear the provisions for 

how we will approve, deny, or revoke 

a permit. We would also apply the new 

provisions, as appropriate, to parts 322 

and 360. 

We anticipate that these changes to 

the regulations will make our permit 

procedures more transparent and easier 

to use, allow us to evaluate a permit 

application more quickly and 

thoroughly, and provide greater control 

and accountability for the permit 

process. 

These proposed changes, and the 

provisions of the proposed new subpart, 

are discussed in further detail directly 

below. 

Definitions 

Section 319.7 would define terms we 

propose to use in the permit regulations. 

Some of the terms and definitions we 

are proposing for § 319.7 are derived 

from the definitions of these terms in 

the PPA. We are proposing to use these 

definitions in order to ensure that the 

regulations are consistent with the PPA. 

Those definitions are listed below: 

• Article. Any material or tangible 

objects that could harbor plant pests or 

noxious weeds. 

• Enter, entry. To move into, or the 

act of movement into, the commerce of 

the United States. 

• Import, importation. To move into, 

or the act of movement into, the 

territorial limits of the United States. 

• Means of conveyance. Any personal 

property used for or intended for use for 

the movement of any other personal 

property. 

• Move. To carry, enter, import, mail, 

ship, or transport; to aid, abet, cause, or 

induce the carrying, entering, importing, 

mailing, shipping, or transporting; to 

offer to carry, enter, import, mail, ship, 

or transport; to receive to carry, enter, 

import, mail, ship, or transport; to 

release into the environment; or to allow 

any of the activities described in this 

definition. 

• Permit. A written authorization, 

including by electronic methods, to 

move plants, plant products, biological 

control organisms, plant pests, noxious 

weeds, or articles under conditions 

prescribed by the Administrator. 

• Person. Any individual, 

partnership, corporation, association, 

joint venture, or other legal entity. 

• Plant. Any plant (including any 

plant part) for or capable of propagation, 

including a tree, a tissue culture, a 

plantlet culture, pollen, a shrub, a vine, 

a cutting, a graft, a scion, a bud, a bulb, 

a root, and a seed. 

• Plant pest. Any living stage of any 

of the following that can directly or 

indirectly injure, cause damage to, or 

cause disease in any plant or plant 

product: A protozoan, a nonhuman 

animal, a parasitic plant, a bacterium, a 

fungus, a virus or viroid, an infectious 

agent or other pathogen, or any article 

similar to or allied with any of the 

foregoing. 

• Plant product. Any flower, fruit, 

vegetable, root, bulb, seed, or other 

plant part that is not included in the 

definition of plant, or any manufactured 

or processed plant or plant part. 

• State. Any of the several States of 

the United States, the Commonwealth of 

the Northern Mariana Islands, the 

Commonwealth of Puerto Rico, the 

District of Columbia, Guam, the Virgin 

Islands of the United States, or any 

other territory or possession of the 

United States. 

• United States. All of the States. 

Other definitions we are proposing for 

§ 319.7 are based on definitions in other 

parts of our regulations in 7 CFR chapter 

III. These definitions are listed below: 

• Administrative instructions. 

Published documents related to the 

enforcement of 7 CFR part 319 and 

issued under authority thereof by the 

Administrator. 

• Administrator. The Administrator 

of the Animal and Plant Health 

Inspection Service, or any employee of 

the United States Department of 

Agriculture delegated to act in his or her 

stead. 

• Animal and Plant Health Inspection 

Service (APHIS). The Animal and Plant 

Health Inspection Service of the United 

States Department of Agriculture. 

• Consignment. A quantity of plants, 

plant products, and/or other articles 

being moved from one country to 

another authorized, when required, by a 

single permit. A consignment may be 

composed of one or more commodities 

or lots. 

• Country of origin. The country 

where the plants, or plants from which 

the plant products are derived or were 

grown or where the non-plant articles 

were produced. 

• Inspector. Any individual 

authorized by the Administrator of the 

Animal and Plant Health Inspection 

Service or the Commissioner of the 

Bureau of Customs and Border 

Protection, Department of Homeland 

Security, to enforce the regulations in 

part 319. 

• Lot. All the regulated articles on a 

single means of conveyance that are 

derived from the same species of plant 

or are the same type of non-plant article 

and were subjected to the same 

treatments prior to importation, and that 

are consigned to the same person. 

• Port of entry. A port at which a 

specified shipment or means of 

conveyance is accepted for entry, or 

admitted without entry into the United 

States for transit purposes. 

• PPQ. The Plant Protection and 

Quarantine program, Animal and Plant 

Health Inspection Service. 

• Regulated article. Any material or 

tangible object regulated by 7 CFR part 

319 for entry into the United States or 

interstate movement. 


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• Soil. The unconsolidated material 

from the earth’s surface that consists of 

rock and mineral particles mixed with 

organic material and that supports or is 

capable of supporting biotic 

communities. 

• Treatment. A procedure approved 

by the Administrator for neutralizing 

infestations or infections of plant pests 

or plant diseases, such as fumigation, 

application of chemicals or dry or moist 

heat, or processing, utilization, or 

storage. 

Other definitions we are proposing for 

§ 319.7 are new to the regulations or are 

slightly different or expanded from 

current definitions. These definitions 

are discussed below. 

To provide a clear framework for 

distinguishing the stages involved in 

issuing permits for the importation and 

interstate movement of regulated 

articles we would define two terms. 

These terms are applicant and 

permittee. 

We would define an applicant as a 

person at least 18 years of age who, on 

behalf of him or herself or another 

person, submits an application for a 

permit to import into the United States 

or move interstate a regulated article in 

accordance with part 319. A permittee 

would be defined as a person who on 

behalf of him or herself or another 

person, is legally the importer of an 

article, meets the requirements of 

§ 319.7–2(f), and is responsible for 

compliance with the conditions for the 

importation that is the subject of a 

permit issued in accordance with part 

319. It is important that the permittee be 

the importer of the article because the 

act of importing an article contrary to 

the regulations is specifically identified 

as a violation of law. 

In § 319.7–1, we would make 

consistent the information required in 

an application for a permit for the 

articles regulated by part 319. We would 

require applicants to state the intended 

use of the regulated article and we 

would define intended use as the 

purpose for the importation of the 

regulated article, to include, but not be 

limited to, consumption, propagation, or 

research purposes. We would also 

require that the proposed port of first 

arrival be provided, and we would 

define port of first arrival as the area, 

such as a seaport, airport, or land 

border, where a person or means of 

conveyance first arrives in the United 

States, and where inspection of 

regulated articles may be carried out by 

inspectors. 

We would clarify throughout part 319 

that obtaining a permit does not 

guarantee permission to import a 

consignment of regulated articles, but 

that an inspector at the port may 

withhold permission pending a 

determination regarding whether 

remedial measures are necessary 

pursuant to the PPA with respect to the 

regulated article. We would also define 

oral authorization as verbal permission 

to import that may be granted by an 

inspector at the port of entry. 

Applying for a Permit 

The regulations in proposed § 319.7– 

1 would set out the specific information 

a permit application must contain, how 

we would handle a shipment that 

arrives at a port before the permittee has 

received the permit, and how we would 

provide for oral authorizations at the 

port of entry. 

Paragraph (a) would provide that a 

person who wishes to import regulated 

articles into the United States must 

apply for a permit, unless the regulated 

articles are not subject to a requirement 

that a permit be issued prior to a 

consignment’s arrival. This standard 

would continue to allow importation of 

articles that the regulations currently 

allow to enter without being 

accompanied by a permit (e.g., most lots 

of 12 or fewer plants for planting under 

§ 319.37–3, certain log and lumber 

articles authorized entry under the 

general permit in § 319.40–3, or fruits 

and vegetables from Canada entering 

under the general permit in § 319.56– 

10). 

Proposed paragraph (a) would also set 

out the requirements for an applicant to 

obtain a permit. Under this paragraph, 

an applicant for a permit to import 

regulated articles into the United States 

in accordance with part 319 would have 

to be capable of acting in the capacity 

of the permittee, or must designate a 

permittee for the permit, should it be 

issued. The duties of a permittee are 

discussed later in this document. 

Section 424(c) of the PPA (7 U.S.C. 

7734(c)) provides that, for the purposes 

of the PPA, the act, omission, or failure 

of any officer, agent, or person acting for 

or employed by another person within 

the scope of his or her employment or 

office shall be deemed also to be the act, 

omission, or failure of the other person. 

We would make this responsibility clear 

by building into the definition of 

applicant that the application may be 

for a permit on behalf of him or herself 

or another person to act as permittee. 

We would also require that the 

applicant be at least 18 years of age. 

Paragraph (b) would provide 

applicants with information regarding 

how to obtain and submit an application 

for a permit. It would state that permit 

applications must be submitted by the 

applicant in writing or electronically 

through one of the means listed at 

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

plant_health/permits/index.shtml in 

advance of the action(s) proposed on the 

permit application. That Web page 

would specify that persons may apply 

for a permit via the Internet through 

APHIS’ secure site for online permit 

applications, and would provide a link 

to that portal. It would also provide that 

a person may submit a permit 

application by faxing the application to 

APHIS, and would specify the 

appropriate fax number. Additionally, it 

would state that an application may be 

obtained by calling PPQ at the number 

provided. Finally, it would provide that 

a person may submit a permit 

application by mailing it to APHIS at 

the address provided. 

Paragraph (c) would list the 

information that every permit 

application must contain, and paragraph 

(d) would list other information APHIS 

may require from some applicants 

depending on the specific nature of the 

articles in their shipments. Currently, in 

the various subparts of part 319, permit 

applications require certain information 

in all cases (nature and origin of the 

shipment, contact information for the 

applicant, etc.), but there is substantial 

variation in the description of 

requirements. Much of the variation is 

not significant but simply results from 

the fact that the various subparts were 

written at different times over a span of 

50 years. In a few cases, the variation 

results from a need to have additional 

information to evaluate or control the 

risks associated with specific types of 

imports or pests. Table 1 below 

summarizes how the current subparts of 

part 319 address the information 

required for permit applications. 


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TABLE 1—COMPARISON OF INFORMATION

REQUIRED FOR

PERMIT

APPLICATIONS

§ 319.8 et seq. 

Subpart—foreign cotton and covers 

§ 319.24 et seq. 

Subpart—corn diseases 

§ 319.37 et seq. 

Subpart—plants for planting 

§ 319.40 et seq. 

Subpart—logs, lumber, and other 

wood articles 

§ 319.41 et seq. 

Subpart—Indian corn or maize, 

broomcorn, and related plants 

§ 319.55 et seq. 

Subpart—rice 

§ 319.56 et seq. 

Subpart—fruits and vegetables 

§ 319.75 et seq. 

Subpart—Khapra beetle 

• Name and address of the importer • Country from which such material 

is to be imported 

• Kind of cotton or covers it is desired to import • Approximate quantity • Proposed port of entry 

• Name and address of the exporter • Country and locality where 

grown 

• Port of departure • Proposed port of entry • Name and address of the importer or of the broker in the 

United States to whom the permit should be sent 

• Name, address, and telephone 

number of the importer 

• Approximate quantity and kinds 

(botanical designations) of articles intended to be imported 

• Country(ies) or locality(ies) 

where grown 

• Intended United States port of 

entry 

• Means of transportation, e.g., 

mail, airmail, express, air express, freight, airfreight, or baggage 

• Expected date of arrival 

• Name and address of the applicant and, if the applicant’s address is not within the United 

States, of an agent in the United States whom the applicant names for acceptance of service of process 

• Statement certifying the applicant 

as the importer of record 

• Specific type of regulated article 

to be imported, including the genus and species name of the tree from which the regulated article was derived 

• Country, and locality if known, 

where the tree from which the regulated article was derived was harvested 

• Quantity of the regulated article 

to be imported 

• Description of any processing, 

treatment or handling to be performed prior to importation, including the location where any processing or treatment was or will be performed and the names and dosage of any chemicals employed in treatments 

• Description of any processing, 

treatment, or handling intended to be performed following importation, including the location where any processing or treatment will be performed and the names and dosage of any chemicals employed in treatments 

• Whether the regulated article will 

or will not be imported in a sealed container or in a hold 

• Means of conveyance to be used • Intended port of first arrival in the 

United, and any subsequent ports in the United States at which regulated articles may be unloaded 

• Destination and general intended 

use of the regulated article 

• Name and address of the exporter • Country and locality where 

grown 

• Port of arrival • Name and address of the importer in the United States to 

whom the permit should be sent 

• Name and address of the importer in the United States to 

whom the permit should be sent, if other than the applicant 

• Locality where the desired material has been grown • Port of arrival 

• Name and address of the importer in the United States • Country or locality of origin of the 

fruits or vegetables 

• Anticipated port of first arrival • Identity (scientific name preferred) and quantity of the fruit or 

vegetable 

• Name, address, and telephone 

number of the importer. 

• Approximate quantity and kinds 

of articles intended to be imported. 

• Country or locality of origin. • Country(ies) or locality(ies) 

where it is intended to be offloaded prior to arrival in the United States. 

• Intended U.S. port of entry. • Means of transportation. • Expected date of arrival. 


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Table 2 below describes the unified 

permit application information 

requirements that we are proposing to 

replace the varied requirements in table 

1. It includes both specific information 

we would require for all permit 

applications and additional information 

that we may sometimes require based on 

the nature of the article imported 

pursuant to the requested permit. 

TABLE 2—PROPOSED PERMIT APPLICATION INFORMATION REQUIREMENTS

Information for all permits 

(proposed § 319.7–1(c)) 

Additional information that may be required 

(proposed § 319.7–1(d)) 

• Legal name, address, and contact information of the applicant and of 

the permittee, if different from the applicant. 

• Specific type of regulated article (common and scientific names, if 

applicable). 

• Country of origin. 

• Intended use of the regulated article. 

• Intended port of first arrival. 

• A description of any processing, treatment, or handling of the regulated article to be performed prior to or following importation, including the location where any processing or treatment was or will be 

performed and the names and dosage of any chemical employed in 

treatments of the regulated article. 

• Means of conveyance. 

• Quantity of the regulated article. 

• Estimated date of arrival. 

• Name, address, and contact information of any broker or subsequent 

custodian of the regulated article. 

• Exporting country from which the article is to be moved, when not 

the country of origin. 

• Any other information determined to be necessary by the Administrator to inform the decision to issue the permit. 

The information we are proposing to 

require for all applications would 

provide us with the means to contact 

and track applicants and evaluate, for 

most cases, the risk posed by the 

proposed importation. This evaluation 

takes into account the type of article (to 

consider what pests it may host) and the 

country of origin (to consider what pests 

are found there). The intended use of 

the article is also often relevant, for 

example, if it is intended for near-term 

consumption or processing destructive 

to pests. The intended port of arrival is 

important information both for 

workload planning and to consider 

whether any pests of concern could 

thrive or spread in that port’s climate. 

Finally, the description of any 

processing, treatment, or handling of the 

article allows us to consider whether 

pests would be destroyed by such 

processes. 

The second column of table 2 lists 

information that APHIS may require 

before issuing specific permits to make 

a fully informed decision concerning 

the risks of disseminating plant pests or 

noxious weeds for a particular 

importation. This represents 

information that APHIS may sometimes 

require either to properly assess the risk 

associated with the proposed 

importation or information relevant to 

operational planning. For example, the 

identity of countries that the 

consignment is shipped through may be 

relevant to risk in cases where certain 

types of consignments can easily 

become infested with pests not present 

in the country of origin. In other cases 

the quantity of a regulated article is 

relevant when gauging whether 

treatment facilities at the port of arrival 

are of adequate size, and the estimated 

date of arrival is relevant when port 

facilities are scheduled for renovation or 

particularly busy periods. This type of 

additional information would be 

obtained from the applicant either 

through automatic prompts in the 

ePermits system triggered by applicant 

responses, or in cases where ePermits is 

not used, by APHIS contacting the 

applicant after receiving the application. 

Importantly, we propose to indicate in 

paragraph (d) of § 319.7–1 that APHIS 

may require from an applicant any other 

information determined necessary by 

the Administrator to inform the decision 

to issue the permit or to safely manage 

its entry at the port. Such information 

may sometimes be required from an 

applicant even after issuance of a 

permit, for example, when additional 

transportation requirements suddenly 

become necessary. These are situations 

where clearance of a consignment at the 

scheduled port of first arrival is 

impossible and the consignment is 

directed to move from the arrival port 

environs to another location for final 

disposition. In such cases, APHIS may 

need more information to assess the pest 

risk and decide whether safeguards are 

adequate and to contact the destination 

port about safeguards there while the 

off-loaded consignment is awaiting 

transshipment. 

Paragraph (e) of § 319.7–1 would 

provide that an application for a permit 

to import regulated articles into the 

United States must be submitted at least 

30 days prior to arrival of the article at 

the port of entry; however, if, through 

no fault of the permittee, a consignment 

should arrive at a U.S. port before a 

permit is received, we would provide 

that the consignment may be held, 

under suitable safeguards prescribed by 

the inspector, in custody at the risk and 

expense of the permittee pending 

issuance of a permit or authorization 

from APHIS for entry. 

We would also provide for oral 

authorizations in paragraph (e). As 

discussed above, an oral authorization 

would be defined as verbal permission 

to import that may be granted by an 

inspector at the port of entry. We are 

proposing that an oral authorization 

could be granted by an inspector at the 

port of entry for a shipment or a 

consignment, provided all applicable 

entry requirements are met, proof of 

application for a written permit is 

provided to the inspector, and PPQ 

verifies that the application for a written 

permit has been received and that PPQ 

intends to issue the permit. 

The oral authorization procedure 

would replace current provisions in part 

319 of the regulations for oral permits. 

Some sections of part 319 allow oral 

permits to be issued at the sole 

discretion of an inspector, without 

requiring prior submission of a permit 

application. While APHIS has 

operational practices in effect to track 

when oral permits are authorized and 

what they cover, there is no 

corresponding requirement for 

importers to keep track of when they 

receive oral permission and what it 

covers, which complicates compliance 

audits and enforcement actions. Due to 

these factors, we have determined that 

oral permits do not provide a reliable 

means of verifying that a permittee was 

aware of permitting conditions at the 

time he or she was issued the permit. 

Because the proposed oral authorization 

procedure includes a requirement that 

an application for a written permit must 

be underway before an oral 

authorization is issued, it would 

provide a link between oral 

authorizations and documentation. The 


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37486 Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Proposed Rules 

1A Federal Order is a document issued by 

APHIS, typically in response to an immediate need, 

when the Administrator of APHIS considers it 

necessary to take regulatory action to protect 

agriculture or prevent the entry and establishment 

into the United States of a pest or disease. Federal 

Orders are effective immediately under the 

regulatory authority provided by the Plant 

Protection Act, as amended, Section 412(a), 7 U.S.C. 

7712(a). Federal Orders will remain in effect until 

they are revised by another Federal Order or by 

rulemaking, or are withdrawn. 

written application associated with the 

oral authorization also includes 

acknowledgment and acceptance of 

permit conditions that may be assigned 

by APHIS, which also strengthens the 

oral authorization system compared to 

the old oral permits system for articles 

subject to part 319. 

Issuance of Permits and Labels 

Section 319.7–2 would contain the 

provisions for the issuance of permits 

and labels. In paragraph (a) of this 

section, we would provide that, when 

we receive an application for a permit, 

we will issue a permit that prescribes 

the applicable conditions for 

importation if, after review of the 

application, the Administrator 

determines that the regulated article is 

eligible to be imported into the United 

States under those specific conditions. 

A copy of the permit would be provided 

to the permittee. The permit would only 

be valid for the time period indicated on 

the permit. In addition to listing the 

applicable conditions of entry, the 

permit would also specify the port of 

entry and, when needed, allowed ports 

of first arrival. (This may be needed, for 

example, for air parcel post deliveries 

that arrive in the United States and then 

move by surface transportation, usually 

by a bonded carrier, to another 

destination for entry. Such shipments 

must be cleared at a port of first arrival 

that has a U.S. Department of 

Agriculture plant inspection station.) 

Paragraph (b) would require that an 

applicant for a permit for the 

importation of regulated articles into the 

United States designate the person who 

will be named as the permittee upon the 

permit’s issuance. As discussed above, 

the applicant and the permittee may be 

the same person. 

As noted above, the PPA provides that 

the act, omission, or failure of any 

officer, agent or person acting for or 

employed by another person within the 

scope of his or her employment or office 

shall be deemed also to be the act, 

omission, or failure of the other person. 

We would include this standard in 

paragraph (c) to make it clear that 

responsibility for violating a permit 

condition applies to the permittee and 

is not limited to just the person who 

commits the violation, if that person is 

acting as an agent for the applicant or 

permittee. 

Paragraph (d) would provide that 

failure to comply with all of the 

conditions specified in the permit or 

any applicable regulations or 

administrative instructions, or forging, 

counterfeiting, or defacing permits or 

shipping labels, may result in 

immediate revocation of relevant 

permits (i.e., the permit for which a 

condition was violated, or any valid 

permit that the permittee altered to 

extend its scope), denial of any future 

applications for permits, and other 

remedial actions ordered by an 

inspector and civil or criminal penalties 

for the permittee, as authorized by the 

PPA. 

Paragraph (e) would provide that the 

permittee remains responsible for the 

consignment regardless of any 

delegation to a subsequent custodian of 

the importation. Such subsequent 

custodians include entities such as 

brokers or transporters. 

Paragraph (f) would include 

requirements for the permittee. These 

requirements are necessary because we 

must be able to clearly identify and 

when necessary contact the person 

legally responsible for the importation 

or movement that is the subject of the 

permit. If the permittee is an individual, 

he or she would be required, during any 

periods when articles are being 

imported or moved interstate under the 

permit, to maintain and be physically 

present during normal business hours at 

an address within the United States 

specified on the permit. 

If the permittee is a corporation, 

institution, association or other legal 

entity, the legal entity would have to 

maintain an address or a business office 

in the United States with a designated 

individual for service of process. 

Proposed paragraph (f) would also 

require that the permittee serve as the 

contact for the purpose of 

communications associated with the 

movement of the regulated article for 

the duration of the permit, and ensure 

compliance with the applicable 

regulatory requirements and permit 

conditions associated with the 

movement of the regulated article for 

the duration of the permit. The 

permittee would also be required to 

provide written or electronic 

acknowledgment and acceptance of 

permit conditions and acknowledge that 

failure to comply with all of the 

conditions specified in the permit 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 any future applications for 

permits, and other remedial actions 

under the PPA. We would require that 

the permittee comply with all 

conditions of the permit for the entirety 

of its prescribed duration. The permittee 

would also be required to inform the 

PPQ Permit Unit of a change in contact 

information for the permittee within 10 

business days of such change. 

Paragraph (g) would provide that the 

importation of regulated articles may 

only proceed, even if a permit is issued, 

if all applicable requirements of the 

permit or any other documents or 

instructions issued by APHIS are met. 

Such documents may include APHIS 

administrative instructions, compliance 

agreements, and preclearance 

documents. While APHIS tries to ensure 

that permittees are fully informed at the 

time of permit issuance as to exactly 

what APHIS requirements will apply to 

their shipments when they arrive, 

sometimes this is not possible. There are 

various reasons for this, ranging from 

the minor (a clerical or data entry error 

in the permit) to the substantial (new 

data demonstrating existence of a pest 

in an area or on a commodity where it 

was not previously known). To directly 

inform permittees, each permit contains 

a statement that all requirements are 

subject to change at any time during the 

duration of the permit, and refers 

permittees to PPQ Port Program 

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

import_export/plants/manuals/ports/ 

index.shtml for current import 

requirements for commodities. When it 

is possible and there is time to do so, 

APHIS will amend a permit and inform 

the permittee before shipments arrive 

that will be subject to new or revised 

requirements. When there is not time to 

do this or a large number of permits are 

affected and they all cannot be amended 

quickly, the new requirements are also 

publicized using methods such as press 

releases and the PPQ Stakeholder 

Registry. Also, when new pest or other 

information makes it necessary to 

prohibit commodities that were 

previously allowed entry, a Federal 

Order 1 is usually issued and widely 

distributed by APHIS. 

APHIS issues labels for consignments 

of some imported articles to expedite 

clearance of approved imports, e.g., we 

may issue labels to be applied to fruit 

packed under approved conditions at an 

approved packinghouse overseas. 

Paragraph (h) would add provisions for 

the labeling of regulated articles to be 

imported under a permit issued in 

accordance with part 319. It would state 

that labels with information about the 

shipment’s nature, origin, movement 


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conditions, or other matters relevant to 

the permit may be issued to the 

importer for the importation of 

regulated articles and will indicate that 

the importation is authorized under the 

conditions specified in the permit. The 

quantity of labels will be sufficient for 

the importer to affix one to the outer 

packaging of each parcel. If APHIS has 

required and issued labels for an 

importation by either regulations in part 

319 or specific permit conditions, 

importations without the required labels 

will be refused entry into the United 

States. 

Even if a permit has been issued for 

the importation of a regulated article, 

under the provisions of paragraph (i) the 

regulated article may be imported only 

if an inspector at the port of entry 

determines that, based on the findings 

of the inspection, no remedial measures 

pursuant to the PPA are necessary. 

Pursuant to the PPA, an inspector may 

hold, seize, quarantine, treat, apply 

other remedial measures to, destroy, or 

otherwise dispose of plants, plant pests, 

and other articles in accordance with 

sections 414, 421, and 434 of the PPA 

(7 U.S.C. 7714, 7731, and 7754). 

Paragraph (j) of proposed § 319.7–2 

would provide that a permit application 

may be withdrawn at the request of the 

applicant prior to the issuance of the 

permit. A permit could be canceled after 

issuance at the request of the permittee 

under proposed paragraph (k), and 

paragraph (l) would provide that a 

permit may be amended if the 

Administrator finds after issuance that 

the permit was incomplete or contained 

factual errors. 

Denial of Permits 

Section 319.7–3 would contain the 

regulations by which we could deny a 

permit to import regulated articles into 

the United States under this part. 

The Administrator may deny an 

application for a permit under the 

provisions of proposed paragraph (a). A 

denial, including the reason for the 

denial, would be provided in writing, 

including by electronic methods, to the 

applicant as promptly as circumstances 

permit. We would provide that the 

denial of a permit may be appealed in 

accordance with § 319.7–5. 

Paragraph (b) would contain the 

conditions under which the 

Administrator may deny a permit to 

import regulated articles. These 

conditions would include risks posed 

both by the applicant and by the article. 

We propose to provide that a permit 

may be denied if APHIS determines that 

an applicant is not likely to abide by 

permit conditions. Factors that may lead 

to such a determination would include, 

but not be limited to, the following. 

• The applicant, or another legal 

entity in which the applicant has a 

substantial interest, has not complied 

with any permit that was previously 

issued by APHIS; 

• APHIS determines that issuing the 

permit would circumvent any order 

revoking or denying a permit under the 

Act; 

• APHIS determines that the 

applicant has previously failed to 

comply with any APHIS regulation; 

• The applicant has previously failed 

to comply with any Federal, State, or 

local law, regulation or instruction 

concerning plant health; 

• The applicant has failed to comply 

with the laws or regulations of a 

national plant protection organization or 

equivalent body, as these pertain to 

plant health; 

• The applicant has made false or 

fraudulent statements or provided false 

or fraudulent records to APHIS, or; 

• The applicant has been convicted or 

has pled nolo contendere to any crime 

involving fraud, bribery, extortion, or 

any other crime involving a lack of 

integrity. 

The above factors represent reasons 

APHIS might determine, based on past 

actions and their relevance to the 

application under consideration, that an 

applicant cannot be trusted to abide by 

permit conditions. Additionally, we 

could also deny a permit if the 

application for a permit contains 

information that is found to be 

materially false, fraudulent, or 

deceptive. A permit could also be 

denied for the regulated article for 

which the permit is sought if, in APHIS’ 

opinion, the action under the permit 

would present an unacceptable risk of 

introducing or disseminating a plant, or 

if the importation is adverse to the 

conduct of an eradication, suppression, 

control, or regulatory program of APHIS, 

or to applicable import regulations or 

any administrative instructions. A 

permit could be denied if the 

government of the State or Territory into 

which the article would be imported 

objects to the proposed importation and 

provides specific, detailed information 

that there is a risk it will result in the 

dissemination of a plant pest or noxious 

weed into the State, and APHIS concurs. 

Withdrawal, Cancellation, and 

Revocation of Permits 

Section 319.7–4 would contain the 

regulations under which we may revoke 

a permit to import regulated articles into 

the United States that has already been 

issued under part 319. It would also 

contain procedures for applicants to 

withdraw their permit application, and 

for permittees to cancel their permits. 

Paragraph (a) would provide that an 

applicant may withdraw a permit 

application before issuance of a permit 

by sending a written request to APHIS. 

APHIS would then provide written 

notification to the applicant as promptly 

as circumstances allow regarding 

reception of the request and withdrawal 

of the application. 

Paragraph (b) would provide that that 

if a permittee wishes to cancel a permit 

after its issuance, he or she must 

provide the request in writing to APHIS. 

APHIS would then provide written 

notification to the applicant as promptly 

as circumstances allow regarding 

reception of the request and withdrawal 

of the application. 

Paragraph (c) would provide that the 

Administrator may revoke any 

outstanding permit to import regulated 

articles into the United States, and that 

a revocation, including the reason for 

the revocation, would be provided in 

writing, including by electronic 

methods, to the permittee as promptly 

as circumstances permit. The revocation 

of a permit could be appealed in 

accordance with proposed § 319.7–5. 

Paragraph (d) would contain the 

conditions under which the 

Administrator may revoke a permit to 

import a regulated article. Under this 

paragraph, the Administrator could 

revoke a permit to import a regulated 

article if information is received 

subsequent to the issuance of the permit 

that would constitute cause for the 

denial of an application under proposed 

§ 319.7–3. A permit could also be 

revoked if the Administrator determines 

that the permittee has failed to maintain 

the safeguards or otherwise observe the 

conditions specified in the permit or in 

any applicable regulations or 

administrative instructions. 

Sections 414, 421, and 434 of the PPA 

(7 U.S.C. 7714, 7731, and 7754) give the 

Secretary the authority to hold, seize, 

quarantine, treat, apply other remedial 

measures to, destroy, or otherwise 

dispose of plants, plant pests, and other 

articles moving into or through the 

United States, in order to prevent the 

dissemination of a plant pest or noxious 

weed, without cost to the Federal 

Government and in the manner the 

Secretary considers appropriate and is 

the least drastic action that is feasible 

and that would be adequate to prevent 

the dissemination of any plant pest or 

noxious weed new to or not known to 

be widely prevalent or distributed 

within and throughout the United 

States. 

In light of this authority granted by 

the PPA, paragraph (e) would contain 


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the actions that must be taken if a 

permit is revoked. It would provide that, 

upon revocation of a permit, the 

permittee must, without cost to the 

Federal Government and in the manner 

the Administrator considers 

appropriate, surrender all regulated 

articles covered by the revoked permit 

and any other affected plant material to 

an inspector; destroy all regulated 

articles covered by the revoked permit 

and any other affected plant material 

under the supervision of an inspector; 

or remove all regulated articles covered 

by the revoked permit and any other 

affected plant material from the United 

States. 

Appeal of Denial or Revocation 

Proposed § 319.7–5 would set out the 

procedure for appealing a denial or 

revocation of a permit to import 

regulated articles into the United States. 

As discussed above regarding proposed 

§ 319.7–4(a), all denials of an 

application for a permit, or revocations 

of an existing permit, will be provided 

in writing, including by electronic 

methods, as promptly as circumstances 

permit and will include the reasons for 

the denial or revocation. 

Paragraph (b) would provide that 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 business days from the date the 

communication of notification of the 

denial or revocation of the permit was 

received. The appeal should state all 

facts and reasons upon which the 

person is relying to show that the denial 

or revocation was incorrect. 

The Administrator would grant or 

deny the appeal in writing and will state 

in writing the reason for the decision. 

Changes to Other Subparts in Part 319 

As discussed above, we are proposing 

to establish the new subpart §§ 319.7 

through 319.7–5 to contain and 

consolidate the generally applicable 

requirements in part 319 for obtaining a 

permit to import or move interstate 

plants or plant products. 

Other subparts in part 319 currently 

contain varying requirements relating to 

permits. We are proposing to remove 

those requirements from the regulations 

and amend all the subparts with current 

requirements to refer to the subpart we 

are proposing to add. This would ensure 

that common requirements apply to 

permits for importation of any article 

whose importation is regulated under 

part 319. 

In the paragraphs that follow, we 

discuss the changes we are proposing to 

the regulations contained in part 319 

and cite the specific areas of the 

regulations we are proposing to change. 

The foreign quarantine notices of 7 

CFR part 319 to which we propose 

changes are: 

Plants and plant products imported 

for experimental, therapeutic, or 

developmental purposes under § 319.8. 

This section contains requirements for 

controlled import permits (CIP) that 

may be used to import an article whose 

importation is prohibited under part 

319, or to import an article under 

conditions that differ from those 

prescribed in the relevant regulations in 

part 319. This section was recently 

promulgated in a final rule in the 

Federal Register on May 2, 2013 (78 FR 

25565–25572), and its provisions for 

denial and revocation of permits are 

substantially similar to those discussed 

in this rule above. We propose to revise 

the relevant paragraph (g) in § 319.6, 

Denial and revocation of a CIP, to refer 

to the provisions of the proposed new 

subpart. 

Foreign cotton and covers regulated 

under §§ 319.8 through 319.8–26. In 

§ 319.8–1, we would amend the 

definition of permit to refer to the 

provisions of the proposed new subpart. 

We would remove specific language 

from § 319.8–2(a) and (c) about the 

written or oral form of a permit 

application and the information it must 

contain and information regarding 

where a permit application may be 

submitted. This information, updated to 

be consistent with current APHIS 

procedures, would now be available in 

proposed § 319.7–1. We would also 

remove § 319.8–2(d), which describes 

what steps APHIS will take upon receipt 

of an application. This information, 

updated to be consistent with current 

APHIS procedures, would now be 

available in proposed § 319.7–2. We 

would also remove paragraph (g), which 

describes how certain shipments that 

inadvertently arrive at a port in advance 

of the issuance of a permit may be held 

under safeguards pending issuance of 

the permit. Proposed § 319.7–1(e) would 

replace this provision with updated 

language regarding safeguards at the 

port of entry and oral authorizations for 

entry. We would also add references in 

§§ 319.8–1 and 319.8–2 to §§ 319.7 

through 319.7–5 to aid readers in 

locating the newly consolidated 

information on permits. 

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 

319.46 (the Indian corn or maize, 

broomcorn, and related plants subpart). 

We would revise § 319.24–1, which 

discusses the application for a permit, to 

add references to the proposed new 

subpart, and remove §§ 319.24–2 and 

319.24–4 as their provisions for the 

issuance of permits and the notification 

of arrival at the port would be covered 

in the new subpart. We would also 

remove language concerning the 

application for a permit in § 319.41–2 

and instead refer to the proposed new 

subpart. In § 319.41–6, we would 

remove language concerning special 

mailing tags that are no longer used. 

Citrus fruit and nursery stock 

regulated under § 319.28. We would 

remove paragraph (i), which deals with 

permit cancellation and appeals, and 

paragraph (j), which defines the term 

inspector. These provisions would be 

redundant if the proposed new subpart 

is adopted. 

Plants for planting regulated under 

§§ 319.37 through 319.37–14. In 

§ 319.37–3, we would add references to 

the new subpart that provides for permit 

procedures and remove language 

concerning permit applications and oral 

permits that is inconsistent with 

provisions of the proposed new subpart. 

Logs, lumber, and other 

unmanufactured wood articles 

regulated under §§ 319.40–1 through 

319.40–11. In § 319.40–4, we would 

remove information about permit 

applications and add references to the 

new subpart that provides for permit 

applications and other procedures. 

Rice regulated under §§ 319.55 

through 319.55–7. In § 319.55–2, which 

provides for the process of applying for 

a permit to import rice products, we 

would add references to the new 

subpart that provides for permit 

procedures and remove information 

about permit applications that is 

inconsistent with the provisions of the 

proposed new subpart. We would 

remove § 319.55–4 as it contains 

information about permit issuance, 

which is covered in the proposed new 

subpart. In § 319.55–7, which provides 

for the process of importing rice 

products by mail, we would remove 

information about mailing tags that is 

covered in the proposed new subpart 

and add the requirement that a permit 

must be obtained for the importation 

and all conditions of the permit must be 

met. 

Fruits and vegetables regulated under 

§§ 319.56–1 through 319.56–58. In 

§ 319.56–3, we would remove several 

paragraphs that contain information 

about permit applications and issuance, 

oral permits, and the amendment, 

withdrawal or denial of permits and the 

appeal of these actions. We would 

replace this information with a 

reference to the proposed new subpart, 


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which would contain information about 

all these topics. 

Those articles restricted in order to 

prevent the entry of khapra beetle 

regulated under §§ 319.75 through 

319.75–9. Throughout these sections, we 

would change the term ‘‘restricted 

article’’ to ‘‘regulated article’’ to be 

consistent with the rest of part 319 and 

new §§ 319.7 through 319.7–5. In 

§ 319.75–3, we would remove several 

paragraphs that that contain information 

about permit applications and issuance, 

and the withdrawal of permits and the 

appeal of a withdrawal, adding in their 

place references to the new subpart that 

provides for permit procedures. 

Changes to Other Parts 

As discussed above, we are proposing 

to apply the new provisions, as 

appropriate, contained in the new 

subpart that provides for permit 

procedures in part 319 to parts 322 and 

360. This would provide more 

consistency to our regulations 

concerning the process for applying for 

a permit, the type of information we 

would require in a permit application, 

and the provisions for approving, 

denying, or revoking a permit, and the 

process for appealing these actions. 

Part 322—Bees, Beekeeping ByProducts, and Beekeeping Equipment 

The regulations in 7 CFR part 322 

prohibit or restrict the importation of 

honeybees and honeybee semen in order 

to prevent the introduction into the 

United States of diseases and parasites 

harmful to honeybees and of 

undesirable species. 

Section 322.13 regulates restricted 

organisms and states that they may be 

imported into the United States only by 

Federal, State, or university researchers. 

To this section we would add 

requirements that an importer must also 

be a person at least 18 years of age, and 

must be physically present during 

normal business hours at an address 

within the United States specified on 

the permit during any periods when 

articles are being imported or moved 

interstate under the permit. We would 

also remove language in § 322.14 that 

provides that an applicant for a permit 

must be a resident, or sponsored by a 

resident, of the United States, as it 

would conflict with the proposed 

change. 

We would add to current § 322.15(c), 

which sets out conditions for denial of 

a permit, three of the conditions under 

which we may deny a permit that are 

discussed above under § 319.7–3. These 

provisions for the denial of a permit 

include: 

• A permit may be denied to a person 

who has previously failed to comply 

with any APHIS regulation. 

• A permit may be denied to a person 

who has previously failed to comply 

with any Federal, State, or local law, 

regulation, or instruction concerning the 

importation of prohibited or restricted 

foreign agricultural products may also 

be denied a permit. 

• A permit may be denied if the 

application for a permit contains 

information that is found to be 

materially false, fraudulent, or 

deceptive. 

We would also replace the provisions 

of paragraph (e) of § 322.15 for the 

appeal of a denial or cancellation of a 

permit with the new requirements 

proposed in § 319.7–5 and discussed 

above. 

Part 360—Noxious Weed Regulations 

The regulations in 7 CFR part 360 

prohibit or restrict the importation and 

interstate movement of those plants that 

are designated as noxious weeds, as 

defined by the PPA. 

Section 360.304 contains the 

conditions under which we may deny a 

permit to move a noxious weed. We 

would add two additional conditions for 

denial to this section that are similar to 

conditions for denial that we proposed 

to add in § 319.7–3. 

We propose to provide that we may 

deny a permit if the application for a 

permit contains information that is 

found to be materially false, fraudulent, 

or deceptive. A permit may be denied to 

a person who has previously failed to 

comply with any APHIS regulation. 

We believe that these changes to the 

regulations will harmonize our permit 

procedures and make our permit 

procedures clearer and easier to use. 

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. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. 

Entities that may be affected by the 

proposed rule are importers of lumber 

and plywood (North American Industry 

Classification System [NAICS] code 

423310); importers of other 

miscellaneous durable goods, such as 

logs, timber and packing material 

(NAICS 423990); importers of drugs, 

druggists’ supplies, herbs and weeds 

(NAICS 424210); importers of flowers, 

nursery stock, and florists’ supplies 

(NAICS 424930), importers of fresh 

fruits and vegetables (NAICS 424480); 

importers of other grocery and related 

products, such as coffee (NAICS 

424490); importers of grains and field 

beans (NAICS 424510); importers of 

other farm product raw material, such as 

raw cotton, sugarcane, honeybees and 

honeybee semen (NAICS 424590); and 

importers of farm supplies (NAICS 

424910). The Small Business 

Administration (SBA) has established 

guidelines for determining which 

establishments are to be considered 

small. Imports/export merchants, agents 

and brokers are identified within the 

broader wholesaling trade sector. 

A firm classified within any of these 

NAICS wholesale industry categories is 

considered small if it employs not more 

than 100 persons. Based on information 

from the 2007 Economic Census, as 

shown in table 3, the majority of entities 

that comprise these industries have 

fewer than 100 employees. 

TABLE 3—PREVALENCE OF SMALL ENTITIES IN CERTAIN INDUSTRIES THAT MAY BE AFFECTED BY THE RULE, 2007 

Industry wholesale merchants Number of all 

establishments 

Number of 

establishments 

that operated the 

entire year 

Number of 

establishments 

with 100 or more 

employees that 

operated the 

entire year 

Number of 

establishments 

with fewer than 

100 employees 

that operated the 

entire year 

Small-entity 

establishments 

as a percentage 

of those that 

operated the 

entire year 

(percent) 

Lumber, plywood, millwork, wood panel 

(NAICS 423310) ........................................... 8,984 8,303 2,123 6,180 74 

Other miscellaneous durable goods, construction material logs, timber, packing material 

(NAICS 423990) ........................................... 10,270 8,764 532 8,232 94 


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TABLE 3—PREVALENCE OF SMALL ENTITIES IN CERTAIN INDUSTRIES THAT MAY BE AFFECTED BY THE RULE, 2007— 

Continued 

Industry wholesale merchants Number of all 

establishments 

Number of 

establishments 

that operated the 

entire year 

Number of 

establishments 

with 100 or more 

employees that 

operated the 

entire year 

Number of 

establishments 

with fewer than 

100 employees 

that operated the 

entire year 

Small-entity 

establishments 

as a percentage 

of those that 

operated the 

entire year 

(percent) 

Drugs, druggists’ supplies, botanical drugs, 

herbs, weeds (NAICS 424210) .................... 8,535 7,700 2,321 5,379 70 

Fresh fruits and vegetables (NAICS 424480) 5,074 4,437 230 4,207 95 

Other grocery and related products, (coffee) 

(NAICS 424490) ........................................... 13,068 11,763 3,286 8,477 72 

Grains and field beans (NAICS 424510) ......... 4,851 4,680 1,238 3,442 74 

Other farm product raw material (raw cotton, 

sugarcane, honeybees, honeybee semen) 

(NAICS 424590) ........................................... 765 663 43 620 94 

Farm supplies (NAICS 424910) ....................... 7,738 7,199 61 7,138 99 

Flower, nursery stock, and florists’ supplies 

(NAICS 424930) ........................................... 4,218 3,601 67 3,534 98 

While nearly all of the entities that 

may be affected by the proposed rule are 

small, none of the economic effects 

would be significant. The proposed rule 

would make the permit procedures 

more transparent and easier to use, 

enable APHIS to evaluate a permit 

application more quickly and 

thoroughly, and allow for more efficient 

control of the issuance of permits and 

entry of regulated articles. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action would not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. If this proposed rule is 

adopted: (1) All State and local laws and 

regulations that are inconsistent with 

this rule will be preempted; (2) no 

retroactive effect will be given to this 

rule; and (3) administrative proceedings 

will not be required before parties may 

file suit in court challenging this rule. 

Paperwork Reduction Act 

This proposed rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

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

et seq.). 

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 322 

Bees, Honey, Imports, Reporting and 

recordkeeping requirements. 

7 CFR Part 360 

Imports, Plants (Agriculture), 

Quarantine, Reporting and 

recordkeeping requirements, 

Transportation, Weeds. 

Accordingly, we propose to amend 7 

CFR chapter III 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 and 7701–7772 

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

CFR 2.22, 2.80, and 371.3. 

■ 2. Section 319.6 is amended by 

revising paragraph (g) to read as follows: 

§ 319.6 Controlled import permits. 

* * * * * 

(g) Denial, withdrawal, cancellation, 

or revocation of permit. The 

Administrator may deny a permit 

application in accordance with § 319.7– 

3, and a permit may be withdrawn, 

canceled, or revoked in accordance with 

§ 319.7–4. 

(1) Action upon revocation of permit. 

Upon revocation of a permit, the 

permittee must surrender, destroy, or 

remove all regulated plant material 

covered by the permit in accordance 

with § 319.7–4(e). 

(2) Appeal of denial or revocation. 

Any person whose application for a 

permit has been denied or whose permit 

has been revoked may appeal the denial 

or revocation in accordance with 

§ 319.7–5. 

* * * * * 

■ 3. A subpart, consisting of §§ 319.7 

through 319.7–5, is added to read as 

follows: 

Subpart—Permits: Application, Issuance, 

Denial, and Revocation 

Sec. 

319.7 Definitions. 

319.7–1 Applying for a permit. 

319.7–2 Issuance of permits and labels. 

319.7–3 Denial of permits. 

319.7–4 Withdrawal, cancellation, and 

revocation of permits. 

319.7–5 Appeal of denial or revocation. 

Subpart—Permits: Application, 

Issuance, Denial, and Revocation 

§ 319.7 Definitions. 

Administrative instructions. 

Published documents related to the 

enforcement of this part and issued 

under authority of the Plant Protection 

Act, as amended, by the Administrator. 

Administrator. The Administrator of 

the Animal and Plant Health Inspection 

Service or any employee of the United 

States Department of Agriculture 

delegated to act in his or her stead. 

Animal and Plant Health Inspection 

Service (APHIS). The Animal and Plant 

Health Inspection Service of the United 

States Department of Agriculture. 

Applicant. A person at least 18 years 

of age who, on behalf of him or herself 

or another person, submits an 

application for a permit to import into 

the United States or move interstate a 

regulated article in accordance with this 

part. 

Approved. Approved by the 

Administrator of the Animal and Plant 

Health Inspection Service. 

Article. Any material or tangible 

objects that could harbor plant pests or 

noxious weeds. 

Consignment. A quantity of plants, 

plant products, and/or other articles 


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being moved from one country to 

another authorized when required, by a 

single permit. A consignment may be 

composed of one or more commodities 

or lots. 

Country of origin. The country where 

the plants, or plants from which the 

plant products are derived or were 

grown or where the non-plant articles 

were produced. 

Enter, entry. To move into, or the act 

of movement into, the commerce of the 

United States. 

Import, importation. To move into, or 

the act of movement into, the territorial 

limits of the United States. 

Inspector. Any individual authorized 

by the Administrator of the Animal and 

Plant Health Inspection Service or the 

Commissioner of the Bureau of Customs 

and Border Protection, Department of 

Homeland Security, to enforce the 

regulations in this part. 

Intended use. The purpose for the 

importation of the regulated article, 

including, but not limited to, 

consumption, propagation, or research 

purposes. 

Lot. All the regulated articles on a 

single means of conveyance that are 

derived from the same species of plant 

or are the same type of non-plant article 

and were subjected to the same 

treatments prior to importation, and that 

are consigned to the same person. 

Means of conveyance. Any personal 

property used for or intended for use for 

the movement of any other personal 

property. 

Move. To carry, enter, import, mail, 

ship, or transport; to aid, abet, cause, or 

induce the carrying, entering, importing, 

mailing, shipping, or transporting; to 

offer to carry, enter, import, mail, ship, 

or transport; to receive to carry, enter, 

import, mail, ship, or transport; to 

release into the environment; or to allow 

any of the activities described in this 

definition. 

Oral authorization. Verbal permission 

to import that may be granted by an 

inspector at the port of entry. 

Permit. A written authorization, 

including by electronic methods, to 

move plants, plant products, biological 

control organisms, plant pests, noxious 

weeds, or articles under conditions 

prescribed by the Administrator. 

Permittee. The person who, on behalf 

of self or another person, is legally the 

importer of an article, meets the 

requirements of § 319.7–2(f), and is 

responsible for compliance with the 

conditions for the importation that is 

the subject of a permit issued in 

accordance with part 319. 

Person. Any individual, partnership, 

corporation, association, joint venture, 

or other legal entity. 

Plant. Any plant (including any plant 

part) for or capable of propagation, 

including a tree, a tissue culture, a 

plantlet culture, pollen, a shrub, a vine, 

a cutting, a graft, a scion, a bud, a bulb, 

a root, and a seed. 

Plant pest. Any living stage of any of 

the following that can directly or 

indirectly injure, cause damage to, or 

cause disease in any plant or plant 

product: A protozoan; a nonhuman 

animal; a parasitic plant; a bacterium; a 

fungus; a virus or viroid; an infectious 

agent or other pathogen; or any article 

similar to or allied with any of the 

foregoing enumerated articles. 

Plant product. Any flower, fruit, 

vegetable, root, bulb, seed, or other 

plant part that is not included in the 

definition of plant, or any manufactured 

or processed plant or plant part. 

Port of entry. A port at which a 

specified shipment or means of 

conveyance is accepted for entry or 

admitted without entry into the United 

States for transit purposes. 

Port of first arrival. The area (such as 

a seaport, airport, or land border) where 

a person or means of conveyance first 

arrives in the United States, and where 

inspection of regulated articles may be 

carried out by inspectors. 

PPQ. The Plant Protection and 

Quarantine Program, Animal and Plant 

Health Inspection Service of the United 

States Department of Agriculture, 

delegated responsibility for enforcing 

provisions of the Plant Protection Act 

and related legislation, quarantines and 

regulations. 

Regulated article. Any material or 

tangible object regulated by this part for 

entry into the United States or interstate 

movement. 

Soil. The unconsolidated material 

from the earth’s surface that consists of 

rock and mineral particles mixed with 

organic material and that supports or is 

capable of supporting biotic 

communities. 

State. Any of the several States of the 

United States, the Commonwealth of the 

Northern Mariana Islands, the 

Commonwealth of Puerto Rico, the 

District of Columbia, Guam, the Virgin 

Islands of the United States, or any 

other territory or possession of the 

United States. 

Treatment. A procedure approved by 

the Administrator for neutralizing 

infestations or infections of plant pests 

or diseases, such as fumigation, 

application of chemicals or dry or moist 

heat, or processing, utilization, or 

storage. 

United States. All of the States. 

§ 319.7–1 Applying for a permit. 

(a) Persons who wish to import 

regulated articles into the United States 

must apply for a permit, unless the 

regulated articles are not subject to a 

requirement under this part that a 

permit be issued prior to a 

consignment’s arrival. An applicant for 

a permit to import regulated articles into 

the United States in accordance with 

this part must be: 

(1) Capable of acting in the capacity 

of the permittee in accordance with 

§ 319.7–2(e), or must designate a 

permittee who is so capable should the 

permit be issued; 

(2) Applying for a permit on behalf of 

self or on behalf of another person as 

permittee; and 

(3) At least 18 years of age. 

(b) Permit applications must be 

submitted by the applicant in writing or 

electronically through one of the means 

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

plant_health/permits/index.shtml in 

advance of the action(s) proposed on the 

permit application. 

(c) The application for a permit must 

contain the following information: 

(1) Legal name, address, and contact 

information of the applicant, and of the 

permittee if different from the applicant; 

(2) Specific type of regulated article 

(common and scientific names, if 

applicable); 

(3) Country of origin; 

(4) Intended use of the regulated 

article; 

(5) Intended port of first arrival; and 

(6) A description of any processing, 

treatment, or handling of the regulated 

article to be performed prior to or 

following importation, including the 

location where any processing or 

treatment was or will be performed and 

the names and dosage of any chemical 

employed in treatments of the regulated 

article. 

(d) The application for a permit may 

also require the following information: 

(1) Means of conveyance; 

(2) Quantity of the regulated article; 

(3) Estimated date of arrival; 

(4) Name, address, and contact 

information of any broker or subsequent 

custodian of the regulated article; 

(5) Exporting country from which the 

article is to be moved, when not the 

country of origin; and 

(6) Any other information determined 

to be necessary by APHIS to inform the 

decision to issue the permit. 

(e) Application for a permit to import 

regulated articles into the United States 

must be submitted at least 30 days prior 

to arrival of the article at the port of 

entry. 

(1) If, through no fault of the importer, 

a consignment of regulated articles 


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1An inspector may hold, seize, quarantine, treat, 

apply other remedial measures to, destroy, or 

otherwise dispose of plants, plant pests, and other 

articles in accordance with sections 414, 421, and 

434 of the Plant Protection Act (7 U.S.C. 7714, 7731, 

and 7754). 

subject to a requirement under this part 

that a permit be issued prior to a 

consignment’s arrival arrives at a U.S. 

port before a permit is received, the 

consignment may be held, under 

suitable safeguards prescribed by the 

inspector, in custody at the risk and 

expense of the importer pending 

issuance of a permit or authorization 

from APHIS. 

(2) An oral authorization may be 

granted by an inspector at the port of 

entry for a consignment, provided that: 

(i) All applicable entry requirements 

are met; 

(ii) Proof of application for a written 

permit is provided to the inspector; and 

(iii) PPQ verifies that the application 

for a written permit has been received 

and that PPQ intends to issue the 

permit. 

§ 319.7–2 Issuance of permits and labels. 

(a) Upon receipt of an application, a 

permit indicating the applicable 

conditions for importation will be 

issued by APHIS if, after review of the 

application, the regulated articles are, at 

the discretion of the Administrator, 

deemed eligible by the Administrator to 

be imported into the United States 

under the conditions specified in the 

permit. A permit will be issued 

specifying the applicable conditions of 

entry and the port of entry, and a copy 

will be provided to the permittee. The 

permit will only be valid for the time 

period indicated on the permit. 

(b) The applicant for a permit for the 

importation of regulated articles into the 

United States must designate the person 

who will be named as the permittee 

upon the permit’s issuance. The 

applicant and the permittee may be the 

same person. 

(c) The act, omission, or failure of the 

permittee as an officer, agent, or person 

acting for or employed by any other 

person within the scope of his or her 

employment or office will be deemed 

also to be the act, omission, or failure of 

the other person. 

(d) Failure to comply with all of the 

conditions specified in the permit 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 any future permits, and civil 

or criminal penalties for the permittee. 

(e) The permittee will remain 

responsible for the consignment 

regardless of any delegation to a 

subsequent custodian of the 

importation. 

(f) A permittee must: 

(1) If an individual, have and 

maintain an address in the United States 

that is specified on the permit and be 

physically present during normal 

business hours at that address during 

any periods when articles are being 

imported or moved interstate under the 

permit; or 

(2) If another legal entity, maintain an 

address or business office in the United 

States with a designated individual for 

service of process; and 

(3) Serve as the contact for the 

purpose of communications associated 

with the movement of the regulated 

article for the duration of the permit. 

The PPQ Permit Unit must be informed 

of a change in contact information for 

the permittee within 10 business days of 

such change; 

(4) Ensure compliance with the 

applicable regulatory requirements and 

permit conditions associated with the 

movement of the regulated article for 

the duration of the permit; 

(5) Provide written or electronic 

acknowledgment and acceptance of 

permit conditions when APHIS requests 

such acknowledgment; 

(6) Serve as the primary contact for 

communication with APHIS regarding 

the permit; 

(7) Acknowledge in writing that in 

accordance with Section 8313 of the 

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

seq.), the actions, omissions, or failures 

of any agent of the permittee may be 

deemed the actions, omissions, or 

failures of a permittee as well; and that 

failure to comply with all of the 

conditions specified in the permit 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 any future permits, and civil 

or criminal penalties for the permittee; 

and 

(8) Maintain all conditions of the 

permit for the entirety of its prescribed 

duration. 

(g) The regulated article may be 

imported only if all applicable 

requirements of the permit issued for 

the importation of the regulated article 

or any other documents or instructions 

issued by APHIS are met. 

(h) In accordance with the regulations 

in this part, labels may be issued to the 

permittee for the importation of 

regulated articles. Such labels may 

contain information about the 

shipment’s nature, origin, movement 

conditions or other matters relevant to 

the permit and will indicate that the 

importation is authorized under the 

conditions specified in the permit. 

(1) If issued, the quantity of labels 

will be sufficient for the permittee to 

attach one to each parcel. Labels must 

be affixed to the outer packaging of the 

parcel. 

(2) Importations without such 

required labels will be refused entry 

into the United States, unless a label is 

not required and not issued for the 

importation. 

(i) Even if a permit has been issued for 

the importation of a regulated article, 

the regulated article may be imported 

only if an inspector at the port of entry 

determines that no remedial measures 

pursuant to the Plant Protection Act are 

necessary to mitigate or address any 

plant pest or noxious weed risks.1

(j) A permit application may be 

withdrawn at the request of the 

applicant prior to the issuance of the 

permit. 

(k) A permit may be canceled after 

issuance at the request of the permittee. 

(l) A permit may be amended if 

APHIS finds that the permit is 

incomplete or contains factual errors. 

§ 319.7–3 Denial of permits. 

(a) APHIS may deny an application 

for a permit to import a regulated article 

into the United States. A denial, 

including the reason for the denial, will 

be provided in writing, including by 

electronic methods, to the applicant as 

promptly as circumstances permit. The 

denial of a permit may be appealed in 

accordance with § 319.7–5. 

(b) APHIS may deny an application 

for a permit to import a regulated 

article: 

(1) If APHIS determines that the 

applicant is not likely to abide by 

permit conditions. Factors that may lead 

to such a determination include, but are 

not limited to, the following: 

(i) The applicant, or a partnership, 

firm, corporation, or other legal entity in 

which the applicant has a substantial 

interest, financial or otherwise, has not 

complied with any permit that was 

previously issued by APHIS; 

(ii) APHIS determines that issuing the 

permit would circumvent any order 

revoking or denying a permit under the 

Plant Protection Act. 

(iii) APHIS determines that the 

applicant has previously failed to 

comply with any APHIS regulation 

(iv) APHIS determines that the 

applicant has previously failed to 

comply with any Federal, State, or local 

law, regulation or instruction 

concerning the importation of 

prohibited or restricted foreign 

agricultural products; 


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(v) APHIS determines that the 

applicant has failed to comply with the 

laws or regulations of a national plant 

protection organization or equivalent 

body, as these pertain to plant health; 

(vi) APHIS determines that the 

applicant has made false or fraudulent 

statements or provided false or 

fraudulent records to APHIS, or; 

(vii) The applicant has been convicted 

or has pled nolo contendere to any 

crime involving fraud, bribery, 

extortion, or any other crime involving 

a lack of integrity. 

(2) If the application for a permit 

contains information that is found to be 

materially false, fraudulent, deceptive, 

or misrepresentative; 

(3) If APHIS concludes that the 

actions proposed under the permit 

would present an unacceptable risk to 

plants and plant products because of the 

introduction or dissemination of a plant 

pest, biological control organism, or 

noxious weed within the United States; 

(4) If the importation is adverse to the 

conduct of an eradication, suppression, 

control, or regulatory program of APHIS; 

(5) If the importation is adverse to 

applicable import regulations or any 

administrative instructions or measures; 

or 

(6) If the State executive official, or a 

State plant protection official authorized 

to do so, objects to the movement in 

writing and provides specific, detailed 

information that there is a risk the 

movement will result in the 

dissemination of a plant pest or noxious 

weed into the State, and APHIS 

determines that such plant pest risk 

cannot be adequately addressed or 

mitigated. 

§ 319.7–4 Withdrawal, cancellation, and 

revocation of permits. 

(a) Withdrawal of an application. If 

the applicant wishes to withdraw a 

permit application before issuance of a 

permit, he or she must provide the 

request in writing to APHIS. APHIS will 

provide written notification to the 

applicant as promptly as circumstances 

allow regarding reception of the request 

and withdrawal of the application. 

(b) Cancellation of permit by 

permittee. If a permittee wishes to 

cancel a permit after its issuance, he or 

she must provide the request in writing 

to APHIS. APHIS will provide written 

notification to the applicant as promptly 

as circumstances allow regarding 

reception of the request and withdrawal 

of the application. 

(c) Revocation of permit by APHIS. 

APHIS may revoke any outstanding 

permit to import regulated articles into 

the United States. A revocation, 

including the reason for the revocation, 

will be provided in writing, including 

by electronic methods, to the permittee 

as promptly as circumstances permit. 

The revocation of a permit may be 

appealed in accordance with § 319.7–5. 

(d) APHIS may revoke a permit to 

import a regulated article if: 

(1) Information is received subsequent 

to the issuance of the permit of 

circumstances that APHIS determines 

would constitute cause for the denial of 

an application under § 319.7–3; or 

(2) APHIS determines that the 

permittee has failed to maintain the 

safeguards or otherwise observe the 

conditions specified in the permit or in 

any applicable regulations or 

administrative instructions. 

(e) Upon revocation of a permit, the 

permittee must, without cost to the 

Federal Government and in the manner 

and method APHIS considers 

appropriate, either: 

(1) Surrender all regulated articles 

covered by the revoked permit and any 

other affected plant material to an 

inspector; 

(2) Destroy, under the supervision of 

an inspector, all regulated articles 

covered by the revoked permit and any 

other affected plant material; or 

(3) Remove all regulated articles 

covered by the revoked permit and any 

other affected plant material from the 

United States. 

§ 319.7–5 Appeal of denial or revocation. 

(a) All denials of an application for a 

permit, or revocations of an existing 

permit, will be provided in writing, 

including by electronic methods, as 

promptly as circumstances permit and 

will include the reasons for the denial 

or revocation. 

(b) Any person whose application for 

a permit has been denied or whose 

permit has been revoked may appeal the 

decision in writing to APHIS within 10 

business days from the date the 

communication of notification of the 

denial or revocation of the permit was 

received. The appeal must state all facts 

and reasons upon which the person is 

relying to show that the denial or 

revocation was incorrect. 

(c) APHIS will grant or deny the 

appeal in writing and will state in 

writing the reason for the decision. The 

denial or revocation will remain in 

effect during the resolution of the 

appeal. 

§ 319.8–1 [Amended] 

■ 4. In § 319.8–1, the definition of 

permit is amended by adding the words 

‘‘and in §§ 319.7 through 319.7–5’’ 

before the period. 

§ 319.8–2 [Amended] 

■ 5. Section 319.8–2 is amended as 

follows: 

■ a. In paragraph (a), by removing, in 

the third sentence, the words ‘‘stating 

the name and address of the importer, 

the country from which such material is 

to be imported, and the kind of cotton 

or covers it is desired to import’’ and 

footnote 1, and adding the words ‘‘for a 

permit in accordance with §§ 319.7 

through 319.7–5’’ in their place. 

■ b. By redesignating footnote 2 as 

footnote 1. 

■ c. By removing paragraphs (c) and (d) 

and redesignating paragraphs (e) and (f) 

as paragraphs (c) and (d), respectively. 

■ d. In newly redesignated paragraph 

(d), in the first sentence, by removing 

the words ‘‘with all requirements set 

forth therein and such additional 

requirements in this subpart as are in 

terms applicable thereto’’ and adding 

the words ‘‘with all of the conditions 

specified in the permit and any 

applicable regulations or administrative 

instructions of this part’’ in their place, 

and by removing the second and third 

sentences. 

■ e. By removing paragraph (g) and 

redesignating paragraph (h) as 

paragraph (e). 

§ 319.8–8 [Amended] 

■ 6. Section 319.8–8 is amended by 

redesignating footnote 3 as footnote 2. 

§ 319.8–11 [Amended] 

■ 7. Section 319.8–11 is amended by 

redesignating footnote 4 as footnote 3. 

§ 319.8–17 [Amended] 

■ 8. Section 319.8–17 is amended by 

redesignating footnote 5 as footnote 4. 

■ 9. Section 319.24–1 is revised to read 

as follows: 

§ 319.24–1 Application for permits for 

importation of corn. 

Persons contemplating the 

importation of corn into the United 

States shall obtain a permit in 

accordance with §§ 319.7 through 

319.7–5. 

(Approved by the Office of Management and 

Budget under control number 0579–0049) 

§ 319.24–2 [Removed and Reserved] 

■ 10. Section 319.24–2 is removed and 

reserved. 

§ 319.24–4 [Removed and Reserved] 

■ 11. Section 319.24–4 is removed and 

reserved. 

§ 319.28 [Amended] 

■ 12. Section 319.28 is amended by 

removing paragraphs (i) and (j). 

■ 13. Section 319.37–3 is amended as 

follows: 


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■ a. In paragraph (a) introductory text, 

by adding the words ‘‘in accordance 

with §§ 319.7 through 319.7–5’’ after the 

word ‘‘Programs’’. 

■ b. By removing and reserving 

paragraph (b) and removing footnote 4. 

■ c. By redesignating footnote 5 as 

footnote 4. 

■ d. By revising paragraph (d). 

■ e. By removing paragraphs (e) and (f) 

and redesignating paragraphs (g) and (h) 

as paragraphs (e) and (f), respectively. 

The revision reads as follows: 

§ 319.37–3 Permits. 

* * * * * 

(d) Any permit that has been issued 

may be revoked by an inspector or 

APHIS in accordance with § 319.7–4. 

* * * * * 

§ 319.37–5 [Amended] 

■ 14. Section 319.37–5 is amended by 

redesignating footnote 6 as footnote 5. 

§ 319.37–6 [Amended] 

■ 15. Section 319.37–6 is amended by 

redesignating footnote 7 as footnote 6. 

§ 319.37–7 [Amended] 

■ 16. Section 319.37–7 is amended by 

redesignating footnote 8 as footnote 7. 

§ 319.37–8 [Amended] 

■ 17. Section 319.37–8 is amended by 

redesignating footnotes 9, 10, and 11 as 

footnotes 8, 9, and 10, respectively. 

§ 319.37–13 [Amended] 

■ 18. Section 319.37–13 is amended by 

redesignating footnote 12 as footnote 11. 

§ 319.40–4 [Amended] 

■ 19. Section 319.40–4 is amended as 

follows: 

■ a. By revising paragraph (a). 

■ b. By removing paragraphs (b)(3), (c), 

and (d). 

The revision reads as follows: 

§ 319.40–4 Application for a permit to 

import regulated articles; issuance and 

withdrawal of permits. 

(a) Application procedure. A written 

application for a permit must be 

obtained and submitted in accordance 

with §§ 319.7 through 319.7–5. 

* * * * * 

§ 319.40–5 [Amended] 

■ 20. Section 319.40–5 is amended by 

redesignating footnote 3 as footnote 1. 

§ 319.40–9 [Amended] 

■ 21. Section 319.40–5 is amended by 

redesignating footnotes 4 and 5 as 

footnotes 2 and 3, respectively. 

§ 319.40–10 [Amended] 

■ 22. Section 319.40–10 is amended by 

redesignating footnote 6 as footnote 4. 

■ 23. Section 319.41–2 is revised to read 

as follows: 

§ 319.41–2 Application for permits. 

Persons contemplating the 

importation of any of the articles 

specified in § 319.41–1(b) shall first 

make application to the Plant Protection 

and Quarantine Program for a permit in 

accordance with §§ 319.7 through 

319.7–5. 

(Approved by the Office of Management and 

Budget under control number 0579–0049) 

■ 24. Section 319.41–6 is revised to read 

as follows: 

§ 319.41–6 Importations by mail. 

In addition to entries by freight or 

express provided for in § 319.41–5, 

importations are permitted by mail of 

mature corn on the cob from the 

countries specified in § 319.41–1(b)(2), 

and clean shelled corn and clean seed 

of the other plants covered by § 319.41, 

provided that a permit has been issued 

for the importation in accordance with 

§§ 319.7 through 319.7–5 and all 

conditions of the permit are met. 

(Approved by the Office of Management and 

Budget under control number 0579–0049) 

■ 25. Section 319.55–2 is revised to read 

as follows: 

§ 319.55–2 Application for permit. 

Application for a permit to import 

seed or paddy rice from Mexico or rice 

straw or rice hulls from any country 

may be made to the Plant Protection and 

Quarantine Programs in accordance 

with §§ 319.7 through 319.7–5. 

(Approved by the Office of Management and 

Budget under control number 0579–0049) 

§ 319.55–4 [Removed and Reserved] 

■ 26. Section 319.55–4 is removed and 

reserved. 

■ 27. Section 319.55–7 is revised to read 

as follows: 

§ 319.55–7 Importations by mail. 

Importations of seed or paddy rice, 

rice straw, and rice hulls from all 

foreign countries and localities may be 

made by mail or cargo, provided that a 

permit has been issued for the 

importation in accordance with §§ 319.7 

through 319.7–5 and all conditions of 

the permit are met. 

(Approved by the Office of Management and 

Budget under control number 0579–0049) 

■ 28. Section 319.56–3 is amended as 

follows: 

■ a. By revising paragraph (b)(2). 

■ b. By removing paragraphs (b)(3), 

(b)(4), (b)(5), and (b)(6). 

■ c. In paragraph (c)(1), by removing the 

words ‘‘under paragraph (b) of this 

section’’ and adding in their place the 

words ‘‘in accordance with this section 

and with §§ 319.7 through 319.7–5’’. 

The revision reads as follows: 

§ 319.56–3 General requirements for all 

imported fruits and vegetables. 

* * * * * 

(b) * * * 

(2) Persons contemplating the 

importation of any fruits or vegetables 

under this subpart must apply for a 

permit in accordance with §§ 319.7 

through 319.7–5. 

* * * * * 

■ 29. Section 319.75 is amended as 

follows: 

■ a. By revising the section heading. 

■ b. In paragraphs (a) and (c), by 

removing the word ‘‘restricted’’ each 

time it appears and adding the word 

‘‘regulated’’ in its place. 

§ 319.75 Restrictions on importation of 

regulated articles; disposal of articles 

refused importation. 

* * * * * 

§ 319.75–1 [Amended] 

■ 30. In § 319.75–1, the definition of 

phytosanitary certificate of inspection is 

amended by removing the word 

‘‘restricted’’ each time it appears and 

adding the word ‘‘regulated’’ in its 

place. 

■ 31. Section 319.75–2 is amended as 

follows: 

■ a. By revising the section heading. 

■ b. In paragraph (a) introductory text, 

by removing the word ‘‘restricted’’ each 

time it appears and adding the word 

‘‘regulated’’ in its place. 

The revision reads as follows: 

§ 319.75–2 Regulated articles.1

* * * * * 

1The importation of regulated articles 

may be subject to prohibitions or 

restrictions under other provisions of 7 

CFR part 319. For example, fresh whole 

chilies (Capsicum spp.) and fresh whole 

red peppers (Capsicum spp.) from 

Pakistan are prohibited from being 

imported into the United States under 

the provisions of Subpart—Fruits and 

Vegetables of this part. 

* * * * * 

■ 32. Section 319.75–3 is revised to read 

as follows: 

§ 319.75–3 Permits. 

A restricted article may be imported 

only after issuance of a written permit 

or oral authorization by the Plant 

Protection and Quarantine Programs in 

accordance with §§ 319.7 through 

319.7–5. 

(Approved by the Office of Management and 

Budget under control number 0579–0049) 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Proposed Rules 37495 

§ 319.75–4 [Amended] 

■ 33. Section 319.75–4 is amended by 

removing the word ‘‘restricted’’ and 

adding the word ‘‘regulated’’ in its 

place. 

§ 319.75–5 [Amended] 

■ 34. In § 319.75–5, paragraphs (a) and 

(b) are amended by removing the word 

‘‘restricted’’ each time it appears in and 

adding the word ‘‘regulated’’ in its 

place. 

§ 319.75–6 [Amended] 

■ 35. Section 319.75–6 is amended by 

removing the word ‘‘restricted’’ and 

adding the word ‘‘regulated’’ in its 

place. 

§ 319.75–7 [Amended] 

■ 36. In § 319.75–7, footnote 3 is 

redesignated as footnote 4. 

§ 319.75–8 [Amended] 

■ 37. Section 319.75–8 is amended by 

removing the word ‘‘restricted’’ both 

times it appears and adding the word 

‘‘regulated’’ in its place. 

§ 319.75–9 [Amended] 

■ 38. In § 319.75–9, paragraphs (a), (b), 

and (c) are amended by removing the 

word ‘‘restricted’’ each time it appears 

in and adding the word ‘‘regulated’’ in 

its place. 

PART 322—BEES, BEEKEEPING 

BYPRODUCTS, AND BEEKEEPING 

EQUIPMENT 

■ 39. The authority citation for part 322 

continues to read as follows: 

Authority: 7 U.S.C. 281; 7 U.S.C. 7701– 

7772 and 7781–7786; 7 CFR 2.22, 2.80, and 

371.3. 

■ 40. In § 322.13, paragraph (b) is 

revised to read as follows: 

§ 322.13 General requirements; restricted 

organisms. 

* * * * * 

(b) Persons importing restricted 

organisms into the United States must 

be and Federal, State, or university 

researchers; be at least 18 years of age; 

and be physically present during normal 

business hours at an address within the 

United States specified on the permit 

during any periods when articles are 

being imported or moved interstate 

under the permit. All such importations 

must be for research or experimental 

purposes and in accordance with this 

part. 

§ 322.14 [Amended] 

■ 41. In § 322.14, paragraph (a)(1) is 

amended by removing the second and 

third sentences. 

■ 42. Section 322.15 is amended by 

revising the section heading, adding 

paragraph (c)(5), and revising paragraph 

(e) to read as follows: 

§ 322.15 APHIS review of permit 

applications; denial or revocation of 

permits. 

* * * * * 

(c) * * * 

(5) APHIS may also deny a permit to 

import restricted organisms: 

(i) To a person who has previously 

failed to comply with any APHIS 

regulation, except: 

(A) A permit revoked in an 

investigation concerning that failure has 

been reinstated on appeal, at the 

discretion of APHIS; or 

(B) All measures ordered by APHIS to 

correct the failure, including but not 

limited to, payment of penalties or 

restitution, have been complied with to 

the satisfaction of APHIS. 

(ii) To a person who has previously 

failed to comply with any international 

or Federal regulation or instruction 

concerning the importation of 

prohibited or restricted foreign 

agricultural products; or 

(iii) If the application for a permit 

contains information that is found to be 

materially false, fraudulent, deceptive, 

or misrepresentative. 

* * * * * 

(e) Appealing the denial of permit 

applications or revocation of permits. If 

your permit application has been denied 

or your permit has been revoked, APHIS 

will inform you in writing, including by 

electronic methods, as promptly as 

circumstances permit and will include 

the reasons for the denial or revocation. 

You may appeal the decision by writing 

to APHIS within 10 business days from 

the date you received the 

communication notifying you of the 

denial or revocation of the permit. Your 

appeal must state all facts and reasons 

upon which you are relying to show that 

your permit application was wrongfully 

denied or your permit was wrongfully 

revoked. APHIS will grant or deny the 

appeal in writing and will state in 

writing the reason for the decision. The 

denial or revocation will remain in 

effect during the resolution of the 

appeal. 

* * * * * 

PART 360—NOXIOUS WEED 

REGULATIONS 

■ 43. The authority citation for part 360 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 7 CFR 2.22, 2.80, and 371.3. 

■ 44. Section 360.304 is amended as 

follows: 

■ a. By revising the section heading. 

■ b. In paragraph (a)(5), by removing the 

period at the end of the sentence and 

adding the word ‘‘; or’’ in its place. 

■ c. By adding paragraphs (a)(6) and (7). 

■ d. In paragraph (b), introductory text, 

by removing the word ‘‘cancel’’ and 

adding the word ‘‘revoke’’ in its place. 

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

word ‘‘canceled’’ each time it appears 

and adding the word ‘‘revoked’’ in its 

place, and by removing the word 

‘‘cancellation’’ and adding the word 

‘‘revocation’’ in its place. 

The revision and additions read as 

follows: 

§ 360.304 Denial of an application for a 

permit to move a noxious weed; revocation 

of a permit to move a noxious weed. 

(a) * * * 

(6) The application for the permit 

contains information that is found to be 

materially false, fraudulent, or 

deceptive. 

(7) APHIS may deny a permit to a 

person who has previously failed to 

comply with any APHIS regulation. 

* * * * * 

■ 45. Section 360.305 is amended by 

revising the section heading and by 

removing the word ‘‘canceled’’ each 

time it appears and adding the word 

‘‘revoked’’ in its place. 

The revision reads as follows: 

§ 360.305 Disposal of noxious weeds when 

permits are revoked. 

* * * * * 

Done in Washington, DC, this 14th day of 

June 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–14638 Filed 6–20–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Part 429 

[Docket No. EERE–2013–BT–NOC–0023] 

Appliance Standards and Rulemaking 

Federal Advisory Committee: Notice of 

Open Meetings for the Commercial 

HVAC, WH, and Refrigeration 

Certification Working Group and 

Announcement of Working Group 

Members To Negotiate Commercial 

Certification Requirements for 

Commercial HVAC, WH, and 

Refrigeration Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of open meetings. 

SUMMARY: This notice announces the 

open meetings of the Commercial 


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