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[Federal Register Volume 80, Number 43 (Thursday, March 5, 2015)]
[Proposed Rules]
[Pages 11946-11950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05058]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / 
Proposed Rules

[[Page 11946]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2014-0099]
RIN 0579-AE06

Importation of Tomato Plantlets in Approved Growing Media From 
Mexico

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the regulations governing the 
importation of plants for planting to authorize the importation of 
tomato plantlets from Mexico in approved growing media, subject to a 
systems approach. The systems approach would consist of measures 
currently specified for tomato plants for planting not imported in 
growing media, as well as measures specific to all plants for planting 
imported into the United States in approved growing media. 
Additionally, the plantlets would have to be imported into greenhouses 
in the continental United States and the importers of the plantlets 
from Mexico or the owners of the greenhouses in the continental United 
States would have to enter into compliance agreements regarding the 
conditions under which the plants from Mexico must enter and be 
maintained within the greenhouses. This proposed rule would allow for 
the importation into the continental United States of tomato plantlets 
from Mexico in approved growing media, while providing protection 
against the introduction of plant pests. The proposed rule would also 
allow the imported greenhouse plantlets to produce tomato fruit for 
commercial sale within the United States.

DATES: We will consider all comments that we receive on or before May 
4, 2015.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0099.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2014-0099, 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-2014-
0099 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: Ms. Lydia E. Col[oacute]n, PPQ, APHIS, 
4700 River Road, Unit 133, Riverdale, MD 20737-1236; (301) 851-2302.

SUPPLEMENTARY INFORMATION:

Background

Current Restrictions

    The regulations in 7 CFR part 319 prohibit or restrict the 
importation of certain plants and plant products into the United States 
to prevent the introduction of quarantine plant pests. The regulations 
contained in ``Subpart--Plants for Planting,'' Sec. Sec.  319.37 
through 319.37-14 (referred to below as the regulations), prohibit or 
restrict, among other things, the importation of living plants, plant 
parts, and seeds for propagation or planting.
    The regulations differentiate between prohibited articles and 
restricted articles. Prohibited articles are plants for planting whose 
importation into the United States is not authorized due to the risk 
the articles present of introducing or disseminating plant pests. 
Restricted articles are articles authorized for importation into the 
United States, provided that the articles are subject to measures to 
address such risk.
    Section 319.37-5 of the regulations lists restricted articles that 
may be imported into the United States only if they are accompanied by 
a phytosanitary certificate that contains an additional declaration 
either that the restricted articles are free of specified quarantine 
pests or that the restricted articles have been produced in accordance 
with certain mitigation requirements. Within the section, paragraph (r) 
contains requirements for the importation of restricted articles 
(except seeds) of Pelargonium or Solanum spp. into the United States. 
Solanum spp. restricted articles include tomato (Solanum lycopersicum) 
plantlets, in addition to other species and cultivars within the genus.
    Paragraph (r)(1) of Sec.  319.37-5 authorizes the importation into 
the United States of Pelargonium or Solanum spp. restricted articles 
from Canada under the provisions of a greenhouse-grown restricted plant 
program. Paragraph (r)(3) contains conditions for the importation into 
the United States of Pelargonium or Solanum spp. restricted articles 
that do not meet the conditions in paragraph (r)(1), and are from a 
country in which R. solanacearum race 3 biovar 2 is known to occur.
    Paragraph (r)(3) specifies that the articles must be produced in 
accordance with a systems approach consisting of the following 
requirements:
     The national plant protection organization (NPPO) of the 
country in which the articles are produced must enter into a bilateral 
workplan with the Animal and Plant Health Inspection Service (APHIS) 
that specifies, among other things, the manner in which the NPPO will 
monitor and enforce the requirements of the systems approach.
     The production site where the articles intended for export 
are produced must be registered with and certified by both APHIS and 
the NPPO.
     The production site must conduct ongoing testing for R. 
solanacearum race 3 biovar 2 according to a testing procedure approved 
by APHIS, must only offer for export articles that have had negative 
test results for the disease, and must maintain records of the testing 
for at least 2 growing seasons.
     Each greenhouse on the production site must be constructed 
in a manner that ensures that runoff water from areas surrounding the 
production site cannot enter the production site, and must be 
surrounded by a 1-meter sloped buffer.
     Dicotylendonous weeds must be controlled within each 
greenhouse on the production site and around it.
     All equipment that comes in contact with articles of 
Pelargonium or

[[Page 11947]]

Solanum spp. at the production site must be adequately sanitized so 
that the equipment cannot transmit R. solanacearum race 3 biovar 2.
     Personnel must adequately sanitize their clothing and 
shoes and wash their hands before entering the production site.
     Growing media for articles of Pelargonium or Solanum spp. 
at the production site must be free of R. solanacearum race 3 biovar 2, 
and growing media and containers used for the articles must not come in 
contact in contact with growing media that could transmit R. 
solanacearum race 3 biovar 2.
     Water used in maintenance of the production site must be 
free of R. solanacearum race 3 biovar 2.
     Growing media used at the production site must not come in 
direct contact with a water source, and, if a drip irrigation system is 
used, backflow devices must be installed to prevent spread of R. 
solanacearum race 3 biovar 2 through the irrigation system.
     Production site personnel must be educated regarding the 
various pathways through which R. solanacearum race 3 biovar 2 could 
enter the production site, and must be trained to recognize symptoms of 
the disease.
     Pelargonium or Solanum spp. restricted articles produced 
for export to the United States must be handled and packed in a manner 
which precludes introduction of R. solanacearum race 3 biovar 2 to the 
articles and must be labeled with information indicating the production 
site from which the articles originated.
     If R. solanacearum race 3 biovar 2 is discovered in the 
production site or in consignments from the production site, the 
production site is ineligible to export articles of Pelargonium or 
Solanum spp. to the United States, and may only be reinstated if all 
problems at the production site have been addressed and corrected to 
the satisfaction of APHIS.
     A phytosanitary certificate must accompany the articles, 
and must contain an additional declaration that the articles were 
produced in accordance with the regulations.
     The government of the country in which the articles are 
produced must enter into a trust fund agreement with APHIS before each 
growing season, and must pay in advance for all costs incurred by APHIS 
in overseeing execution of the systems approach.
    Section 319.37-5 authorizes the importation of certain restricted 
articles into the United States. However, it does not authorize the 
importation of restricted articles in growing media. Conditions for the 
importation into the United States of restricted articles in growing 
media are specifically found in Sec.  319.37-8. Within that section, 
the introductory text of paragraph (e) lists taxa of restricted 
articles that may be imported into the United States in approved 
growing media, subject to the mandatory provisions of a systems 
approach. In Sec.  319.37-8, paragraph (e)(1) lists the approved 
growing media, and paragraph (e)(2) contains the provisions of the 
systems approach. Within paragraph (e)(2), paragraphs (i) through 
(viii) contain provisions that are generally applicable to all the taxa 
listed in the introductory text of paragraph (e), and paragraphs (ix) 
through (xi) contain additional taxon-specific conditions.
    Mexico is a country in which R. solanacearum race 3 biovar 2 is 
known to exist. Accordingly, the importation of Pelargonium and Solanum 
spp. restricted articles from Mexico into the United States is subject 
to the conditions in paragraph (r)(3) of Sec.  319.37-5.\1\ 
Additionally, under Sec.  319.37-8, neither Pelargonium nor Solanum 
spp. restricted articles from Mexico are currently authorized for 
importation in growing media.
---------------------------------------------------------------------------

    \1\ Notwithstanding the provisions in Sec.  319.37-5(r)(3), a 
notice published in the Federal Register on April 18, 2013 (78 FR 
23209-23219, Docket No. APHIS-2011-0072) added Solanum spp. plants 
for planting from all countries other than Canada to a list of taxa 
of plants for planting that are not authorized importation into the 
United States unless a pest risk analysis is prepared that 
identifies measures that will mitigate the plant pest risk 
associated with such importation. Solanum spp. plants for planting 
from countries other than Canada were added to this list in order to 
prevent the plants for planting from disseminating tomato torrado 
virus and tomato severe leaf curl virus within the United States. 
Accordingly, the pest risk assessment and risk management document 
prepared for this proposal examined the risk that plantlets from 
Mexico grown under the conditions specified by the NPPO could become 
infected with these viruses, and determined the risk to be 
negligible based on those growing conditions.
---------------------------------------------------------------------------

Request From the National Plant Protection Organization of Mexico

    APHIS received a request from the NPPO of Mexico to authorize the 
importation of tomato (Solanum lycopersicum) plantlets in growing media 
into the continental United States for propagation in greenhouses 
within the continental United States. The request came at the behest of 
potential importers of the greenhouse plantlets, who wish to use such 
greenhouse plantlets to produce tomato fruit for commercial sale within 
the United States.
    In its request, the NPPO of Mexico specified that the plantlets 
would be produced from certified seed, would be produced in greenhouses 
constructed and maintained to be pest-exclusionary, would be shipped in 
growing media maintained under similar conditions, and would be 
safeguarded during movement to the continental United States to prevent 
plant pests from being introduced to the plantlets. Finally, the 
request pertained only to tomato plantlets that would be imported into 
greenhouses in the continental United States and maintained within 
these greenhouses to aid in the commercial production of tomatoes 
within the United States. The NPPO did not request that we allow the 
imported plantlets to be commercially sold in the United States. 
Accordingly, as we discuss later in this document, we would prohibit 
the selling of the imported tomato plantlets grown in greenhouses in 
the United States. However, the NPPO did ask that we authorize the 
fruit from the plantlets grown in greenhouses in the United States to 
be sold commercially within the United States.
    In evaluating Mexico's request, we prepared a pest risk assessment 
(PRA) and a risk management document (RMD). Copies of the PRA and the 
RMD may be obtained from the person listed under FOR FURTHER 
INFORMATION CONTACT or viewed on the Regulations.gov Web site (see 
ADDRESSES above for instructions for accessing Regulations.gov).
    The PRA, titled ``Importation of Live Greenhouse-Grown Tomato 
Plantlets on Approved Growing Media from Mexico into the Continental 
United States; A Qualitative, Pathway-Initiated Pest Risk Assessment'' 
(USDA 2014), analyzed the potential pest risk associated with the 
importation of tomato plantlets in approved growing media into the 
continental United States from Mexico. The PRA finds that, if the 
plantlets are produced in accordance with the conditions specified by 
the NPPO, there is a negligible risk of quarantine pests being 
introduced into the continental United States through their importation 
in approved growing media.
    Accordingly, the RMD recommends that APHIS require the plantlets to 
be produced in accordance with the conditions in paragraph (r)(3) of 
Sec.  319.37-5 and (e)(2)(i) through (e)(2)(viii) of Sec.  319.37-8, 
which jointly would cover the growing conditions specified by the NPPO 
in their request. Since the PRA assumed that the greenhouse plantlets 
would not be commercially distributed, however, the RMD also recommends 
that the owner or owners of the greenhouses into which the plantlets 
would be imported enter into a compliance agreement with

[[Page 11948]]

APHIS that will prohibit the plantlets from leaving the greenhouses for 
commercial sale. The compliance agreement would specify the conditions 
under which the imported plantlets could enter the greenhouses in the 
continental United States, and would specify the conditions under which 
they must be maintained within those greenhouses. The compliance 
agreement would also prohibit the imported plantlets from being shipped 
or otherwise removed from the greenhouses following importation, except 
for the authorized removal of dead plantlets. The RMD notes that these 
conditions, jointly, will also help ensure that the imported greenhouse 
plantlets will produce tomato fruit that presents a negligible risk of 
disseminating plants pests and that the movement of tomato fruit 
derived from the greenhouse plantlets for commercial distribution will 
not result in the dissemination of plant pests.

Proposed Rule

    Based on the findings of the PRA and the recommendations of the 
RMD, we are proposing to amend the regulations to authorize the 
importation of tomato plantlets in approved growing media from Mexico 
into the continental United States. Specifically, we are proposing to 
amend the introductory text of paragraph (e) of Sec.  319.37-8 to add 
Solanum lycopersicum from Mexico as a restricted article that may be 
imported into the continental United States in approved growing media.
    We are also proposing to add a new paragraph (e)(2)(xii) to Sec.  
319.37-8. This paragraph would authorize the importation of tomato 
plantlets in approved growing media from Mexico into the continental 
United States, if the plantlets meet all of the requirements in 
paragraphs (r)(3) of Sec.  319.37-5 and paragraphs (e)(2)(i) through 
(e)(2)(viii) of Sec.  319.37-8; and if the plantlets from Mexico are 
imported directly into a greenhouse in the continental United States, 
the owner or owners of which must have entered into a compliance 
agreement with APHIS. The required compliance agreement would specify 
the conditions under which the plantlets must enter and be maintained 
within the greenhouse and would prohibit the plantlets from being moved 
from the greenhouse following importation, other than for the 
appropriate disposal of dead plantlets.
    We are also proposing that if all of the above requirements are 
correctly complied with, tomato fruit produced from the imported 
greenhouse plantlets may be shipped from the greenhouses for commercial 
sale within the United States. This proposed rule, through the 
conditions in paragraphs (r)(3) of Sec.  319.37-5, paragraphs (e)(2)(i) 
through (e)(2)(viii) of Sec.  319.37-8, and proposed (e)(2)(xii) of 
Sec.  319.37-8, would thereby include the conditions specified by the 
NPPO of Mexico for the production of the plantlets in Mexico and allow 
for the importation of the plantlets in accordance with Mexico's 
request.
    Finally, to clarify the intent and force of the compliance 
agreement, we are also proposing to add a definition of compliance 
agreement to the regulations. We would define compliance agreement to 
mean a written agreement between APHIS and a person (individual or 
corporate) engaged in the production, processing, handling, or moving 
of restricted articles imported pursuant to the regulations, in which 
the person agrees to comply with the regulations and the terms and 
conditions specified within the agreement itself.

Executive Orders 12866 and 13563 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 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this proposed rule on small entities. Copies of 
the full analysis are available by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT or on the Regulations.gov Web site (see 
ADDRESSES above for instructions for accessing Regulations.gov).
    Based on the information currently available to us, we have no 
reason to conclude that adoption of this proposed rule would result in 
any significant economic effect on a substantial number of small 
entities. However, we do not currently have all of the data necessary 
for a comprehensive analysis of the effects of this proposed rule on 
small entities. Therefore, we are inviting comments on potential 
effects. In particular, we are interested in determining the number and 
kind of small entities that may incur benefits or costs from the 
implementation of this proposed rule.
    The proposed rule would allow the importation of tomato plantlets 
in approved growing media from Mexico into the continental United 
States. Currently, only tomato plantlets in growing media from Canada 
can be imported into the United States. The tomato plantlets from 
Mexico would be allowed to be imported only to APHIS-approved 
greenhouse facilities under compliance agreement, and would be used 
only for fruit production, not for the selling of the imported 
plantlets themselves.
    Data are not available on the production or trade for tomato 
plantlets. However, U.S. greenhouse (protected-culture) tomato 
production and import levels provide evidence of the expanding derived 
demand for tomato plantlets. In 2011, protected-culture tomatoes made 
up 40 percent of the U.S. tomato supply, up from less than 10 percent 
in 2004; they now dominate the retail industry. The value of protected-
culture tomato imports by the United States grew by two-thirds between 
2009 and 2013, in response to expanding consumer demand, from $795 
million to $1.33 billion.
    Protected-culture tomato producers are classified in the North 
American Industry Classification System within Other Vegetable (except 
Potato) and Melon Farming (NAICS 111219), for which the Small Business 
Administration small-entity standard is annual receipts of not more 
than $750,000. The average market value of agricultural products sold 
by operations in this industry in 2012 was about $314,000. While we are 
unable to determine the number of businesses that would be affected by 
the proposed rule, we can assume that most of them are small entities.
    The proposed rule would enable U.S. producers of protected-culture 
tomatoes to draw upon Mexican plantlet suppliers in addition to 
Canadian and domestic suppliers. The NPPO of Mexico has stated that, if 
this rule were finalized, they would expect the exportation of 
approximately 4 million plantlets annually to the United States. It is 
unknown to what extent these tomato plantlets imported from Mexico will 
displace tomato plantlet imports from Canada and we therefore cannot 
project the net increase in imports. If there were no import 
displacement, we think that the tomato plantlet imports from Mexico 
could result in an increase in U.S. protected-culture tomato production 
of between 5 and 10 percent. However, we understand that the U.S. 
protected-culture tomato industry is in favor of having an additional 
source of tomato plantlets imports besides those from Canada.

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

[[Page 11949]]

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.

 National Environmental Policy Act

    To provide the public with documentation of APHIS' review and 
analysis of any potential environmental impacts associated with the 
importation of greenhouse tomato plantlets in approved growing media 
from Mexico into the continental United States, we have prepared an 
environmental assessment. The environmental assessment was prepared in 
accordance with: (1) The National Environmental Policy Act of 1969 
(NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of the 
Council on Environmental Quality for implementing the procedural 
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations 
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing 
Procedures (7 CFR part 372).
    The environmental assessment may be viewed on the Regulations.gov 
Web site or in our reading room. (A link to Regulations.gov and 
information on the location and hours of the reading room are provided 
under the heading ADDRESSES at the beginning of this proposed rule.) In 
addition, copies may be obtained by calling or writing to the 
individual listed under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. APHIS-
2014-0099. Please send a copy of your comments to: (1) Docket No. 
APHIS-2014-0099, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238, 
and (2) Clearance Officer, OCIO, USDA, Room 404-W, 14th Street and 
Independence Avenue SW., Washington, DC 20250. A comment to OMB is best 
assured of having its full effect if OMB receives it within 30 days of 
publication of this proposed rule.
    APHIS is proposing to amend the plants for planting regulations to 
allow the importation of greenhouse tomato plantlets in approved 
growing media from Mexico into the continental United States. As a 
condition of entry, the plantlets would have to be produced in 
accordance with the regulatory requirements of specific APHIS 
regulations which include a specific systems approach. This action 
would allow for the importation of tomato plantlets from Mexico into 
the continental United States while providing protection against the 
introduction of plant pests.
    Allowing tomato plantlets from Mexico to be imported into the 
continental United States will require information collection 
activities, including phytosanitary certificates, greenhouse 
registration, commodity labeling, an operational workplan, and 
compliance agreements.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.02564 hours per response.
    Respondents: The NPPO of Mexico, producers, and importers of tomato 
plantlets from Mexico in approved growing media.
    Estimated annual number of respondents: 3.
    Estimated annual number of responses per respondent: 4,181.
    Estimated annual number of responses: 12,543.
    Estimated total annual burden on respondents: 319 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Ms. 
Kimberly Hardy, APHIS' Information Collection Coordinator, at (301) 
851-2727.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact Ms. Kimberly 
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727.

List of Subjects in 7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

    Accordingly, we propose to amend 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

    Authority:  7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

0
2. Section 319.37-1 is amended by adding, in alphabetical order, a 
definition for compliance agreement to read as follows:

Sec.  319.37-1  Definitions.

* * * * *
    Compliance agreement. A written agreement between APHIS and a 
person (individual or corporate) engaged in the production, processing, 
handling, or moving of restricted articles imported pursuant to this 
subpart, in which the person agrees to comply with the subpart and the 
terms and conditions specified within the agreement itself.
* * * * *
0
3. Section 319.37-8 is amended as follows:
0
a. In paragraph (e), introductory text, by removing the period after 
the entry for ``Schlumberga spp. from the Netherlands and Denmark'' and 
adding, in alphabetical order, an entry for ``Solanum lycopersicum from 
Mexico.''.
0
b. By adding paragraph (e)(2)(xii).
    The addition reads as follows:

Sec.  319.37-8  Growing media.

* * * * *
    (e) * * *
    (2) * * *

[[Page 11950]]

    (xii) Plantlets of Solanum lycopersicum from Mexico must also meet 
the following conditions:
    (A) The plantlets must be produced in accordance with Sec.  319.37-
5(r)(3);
    (B) The plantlets can only be imported into the continental United 
States, and may not be imported into Hawaii or the territories of the 
United States; and
    (C) The plantlets must be imported from Mexico directly into a 
greenhouse in the continental United States, the owner or owners of 
which have entered into a compliance agreement with APHIS. The required 
compliance agreement will specify the conditions under which the plants 
must enter and be maintained within the greenhouse, and will prohibit 
the plantlets from being moved from the greenhouse following 
importation, other than for the appropriate disposal of dead plantlets.
    (D) If all of the above requirements are correctly complied with, 
then the tomato fruit produced from the imported greenhouse plantlets 
may be shipped from the greenhouses for commercial sale within the 
United States.
* * * * *

    Done in Washington, DC, this 2nd day of March 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-05058 Filed 3-4-15; 8:45 am]
 BILLING CODE 3410-34-P
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