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[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Proposed Rules]
[Pages 67379-67384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28253]

========================================================================
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. 76, No. 211 / Tuesday, November 1, 2011 / 
Proposed Rules

[[Page 67379]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2011-0073]
RIN 0579-AD54

Importation of Dracaena Plants From Costa Rica

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the plants for planting regulations 
to provide conditions for the importation into the continental United 
States of Dracaena spp. plants from Costa Rica. These conditions would 
apply to plants less than 460 mm in length, which are currently allowed 
to be imported, and would also allow for the importation of plants over 
460 mm and up to 1,371.6 mm in length, which are currently prohibited. 
As a condition of entry, Dracaena spp. plants from Costa Rica would 
have to be produced in accordance with integrated pest risk management 
measures that would include requirements for registration of places of 
production and packinghouses, a pest management plan, inspection for 
quarantine pests, sanitation, and traceability from place of production 
through the packing and export facility and to the port of entry into 
the United States. All Dracaena spp. plants from Costa Rica would also 
be required to be accompanied by a phytosanitary certificate with an 
additional declaration stating that all conditions for the importation 
of the plants have been met and that the consignment of plants has been 
inspected and found free of quarantine pests. This action would allow 
for the importation of oversized Dracaena spp. plants from Costa Rica 
into the United States while continuing to provide protection against 
the introduction of quarantine pests.

DATES: We will consider all comments that we receive on or before 
January 3, 2012.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0073-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2011-0073, 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-
0073 or in our reading room, which is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.

FOR FURTHER INFORMATION CONTACT: Mr. William D. Aley, Senior Import 
Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River Road 
Unit 133, Riverdale, MD 20737-1231; (301) 734-5057.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in ``Subpart--Plants for Planting'' (7 CFR 319.37 
through 319.37-14, referred to below as the regulations) restrict, 
among other things, the importation of living plants, plant parts, 
seeds, and plant cuttings for planting to prevent the introduction and 
dissemination of plant pests that are new to or not widely distributed 
within the United States.
    Dracaena is a genus of about 40 species of tree- and shrub-like 
plants. Several species are grown as houseplants for their decorative 
strap-like foliage, low maintenance requirements, and tolerance of a 
wide range of growing conditions. Popular Dracaena spp. houseplants 
include Dracaena fragrans, commonly known as the corn plant, and 
Dracaena sanderiana, commonly known as lucky bamboo.
    Currently, whole and intact Dracaena spp. plants (including roots, 
stems, and leaves) may be imported into the United States only if they 
meet the size requirements in Sec.  319.37-2(b)(6)(i) and other general 
requirements in the regulations. The regulations currently allow only 
Dracaena spp. plants less than 460 mm (approximately 18 inches) in 
length. The size requirement was established because plants of that 
size are easily inspected and, if necessary, treated for pests; the 
size and density of growth of larger plants makes them more difficult 
to inspect and treat.
    The Animal and Plant Health Inspection Service (APHIS) has received 
a request from the national plant protection organization (NPPO) of 
Costa Rica to increase the maximum allowable size of Dracaena plants 
imported from Costa Rica to 137.16 centimeters (approximately 54 
inches). As part of our evaluation of Costa Rica's request, we prepared 
a pest risk assessment (PRA) and a risk management document. Copies of 
the PRA and the risk management document 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 Oversized Dracaena spp. As 
Ornamental Plants from Costa Rica into the Continental United States,'' 
evaluates the risks associated with the importation of Dracaena plants 
into the continental United States (the lower 48 States, the District 
of Columbia, and Alaska) from Costa Rica, including plants under 460 mm 
in height. Because exports of Dracaena spp. plants from Costa Rica to 
Hawaii and U.S. territories have historically been low, the PRA does 
not consider the risks associated with importation of oversized 
Dracaena spp. plants into Hawaii or the territories. The risk 
management document lists the phytosanitary measures necessary to 
ensure the safe importation into the continental United States of 
Dracaena plants from Costa Rica.
    The PRA identified 15 pests of quarantine significance that could 
be introduced into the United States in consignments of Dracaena plants 
from Costa Rica:
     Ancistrocercus circumdatus, a katydid;
     Caldwelliola reservata, a leafhopper;

[[Page 67380]]

     Chaetanaphothrips signipennis, banana rust thrips;
     Coccus viridis, the green scale;
     Diplosolenodes occidentalis, the spotted leatherleaf slug;
     Erioloides consobrinus, a katydid;
     Neoconocephalus affinis, the rattler conehead katydid;
     Oncometopia clarior, the blue sharpshooter;
     Ovachlamys fulgens, a helicaronid snail;
     Palliferra costaricensis, the Costa Rica mantle slug;
     Planococcus minor, the passionvine mealybug;
     Pseudococcus landoi, the lando mealybug;
     Sarasinula plebeia, the Caribbean leatherleaf slug;
     Succinea costaricana, an amber snail; and
     Xylosandrus morigerus, the brown coffee twig beetle.
    In the PRA, the likelihood and consequences of introducing these 
pests into the continental United States are considered. Five of the 
pests: Ancistrocercus circumdatus, Chaetanaphothrips signipennis, 
Erioloides consobrinus, Neoconocephalus affinis, and Pallifera 
costaricensis, were assigned a medium pest risk potential. The 
remaining pests were assigned a high pest risk potential. The PRA 
states that measures beyond standard port-of-entry inspection are 
required to mitigate the risks posed by these plant pests, and provides 
a number of potential options for such measures. After consideration of 
these options, we have prepared a risk management document to recommend 
specific measures to mitigate these risks.
    Based on the findings of our PRA and risk management document, we 
are proposing to allow the importation of Dracaena spp. plants into the 
continental United States, subject to integrated pest risk management 
measures, also known as a systems approach. Under integrated pest risk 
management measures, a set of phytosanitary conditions, at least two of 
which have an independent effect in mitigating the pest risk associated 
with the movement of commodities, is specified, whereby plants for 
planting may be imported into the United States from countries that are 
not free of certain plant pests. We are proposing to add integrated 
pest risk management measures governing the importation of Dracaena 
spp. plants from Costa Rica into the continental United States to the 
regulations in a new Sec.  319.37-5(y). The proposed integrated pest 
risk management measures are discussed in greater detail below.

General Requirements

    Paragraph (y) of Sec.  319.37-5 would set out requirements for the 
NPPO of Costa Rica and for growers producing Dracaena plants for export 
to the continental United States. Dracaena spp. plants from Costa Rica 
would not be allowed to be imported into Hawaii, Puerto Rico, and U.S. 
territories. These requirements reflect the scope of the PRA, which did 
not specifically assess the risks associated with the importation of 
oversized Dracaena spp. plants to Hawaii, Puerto Rico, and U.S. 
territories, but also reflect the overall pest risk the PRA describes.
    Paragraph (y)(1) would require that Dracaena plants from Costa Rica 
not exceed 1,371.6 mm (approximately 54 inches) in length from the soil 
line (or top of the rooting zone for plants produced by air layering) 
to the farthest terminal growing point.
    Paragraph (y)(2) would require the NPPO of Costa Rica to provide a 
bilateral workplan to APHIS that details the activities that the NPPO 
will, subject to APHIS' approval of the workplan, carry out to meet the 
requirements of proposed Sec.  319.37-5(y). A bilateral workplan is an 
agreement between APHIS' Plant Protection and Quarantine program, 
officials of the NPPO of a foreign government, and, when necessary, 
foreign commercial entities that specifies in detail the phytosanitary 
measures that will comply with our regulations governing the import or 
export of a specific commodity. Bilateral workplans establish detailed 
procedures and guidance for the day-to-day operations of specific 
import/export programs. Workplans also establish how specific 
phytosanitary issues are dealt with in the exporting country and make 
clear who is responsible for dealing with those issues. The 
implementation of integrated pest risk management measures typically 
requires a bilateral workplan to be developed.

Phytosanitary Certificate

    Paragraph (y)(3) would require the phytosanitary certificate 
required by Sec.  319.37-4 that accompanies each consignment of 
Dracaena plants to contain additional declarations that the plants in 
the consignment have been produced, packed, stored, and exported in 
accordance with the requirements of proposed 7 CFR 319.37-5(y) and the 
bilateral workplan, and that the consignment has been inspected and 
found free of quarantine pests.
    Requiring a phytosanitary certificate would ensure that the NPPO of 
Costa Rica has inspected the plants and certified that the plants meet 
the conditions for export to the United States.

Participant and Facility Registration

    Paragraph (y)(4) would require that producers, packers, and 
exporters of Dracaena plants be registered with the NPPO of Costa Rica. 
Dracaena plants would have to be grown, packed, stored, and exported in 
compliance with a written agreement between the participant and the 
NPPO of Costa Rica, and the participant would have to agree to comply 
with the provisions of the regulations and the bilateral workplan.
    In addition, paragraph (y)(5) would require production, packing, 
and export facilities to be inspected, approved, and registered by the 
NPPO of Costa Rica for inclusion in the program. Registered packing and 
export facilities processing Dracaena plants for export to the United 
States would only be allowed to accept plants from registered 
production facilities where plants are grown in compliance with the 
proposed requirements and the bilateral workplan. The NPPO of Costa 
Rica would have to provide APHIS with access to the lists of registered 
participants and facilities annually and when changes occur.
    Registration of participants and facilities would allow the NPPO of 
Costa Rica to conduct site visits and inspections. It would also allow 
traceback to the production site if pest problems were found on 
Dracaena plants shipped to the United States. Problem production sites 
could then be removed from the program until further mitigation 
measures were taken to reduce pest populations.

Training

    Paragraph (y)(6) would require participants and personnel at 
approved production, packing, and export facilities to be trained in 
the requirements of proposed paragraph (y) and the bilateral workplan, 
and in recognizing the quarantine pests listed earlier. Training 
records would have to be maintained and made available to the NPPO of 
Costa Rica and APHIS upon request.

Pest Management Program

    Paragraph (y)(7) would require that participants establish a pest 
management program for all approved production, packing, and export 
facilities. Pest management programs would be tailored to each 
individual site to address local concerns, but would have to include 
field or facility scouting, monitoring, and control of pests, and would 
have to be approved and monitored by the NPPO of Costa Rica.

[[Page 67381]]

APHIS may visit sites to inspect and monitor the pest management 
program. Each approved facility would be required to have a trained, 
dedicated person to supervise the pest management program. Records of 
pest management activities would have to be maintained and made 
available to the NPPO of Costa Rica and APHIS upon request.

Sanitation

    Paragraph (y)(8) would require that sanitation measures be 
maintained at approved production, packing, and export facilities. 
Fallen or discarded plant material and debris, or plants with pests, 
would have to be removed and could not be included in field containers 
brought from production to packing facilities for export. Packing 
facilities would also have to be free of sand, soil, earth, and plants 
pests, and phytosanitary practices adequate to exclude pests would have 
to be employed. In addition, equipment, materials, and tools would have 
to be sanitized to avoid spreading pests or to prevent recontamination.

Inspections

    Paragraph (y)(9) would require that dedicated, trained personnel at 
approved facilities conduct inspections at least once weekly, and that 
the NPPO of Costa Rica conduct inspections at least once monthly. 
Inspections would include, but would not be limited to, approved 
production, packing, and export facilities as well as packing materials 
and shipping containers. Inspection dates and results would have to be 
recorded and would have to be made available to APHIS upon request.

Traceability

    Paragraph (y)(10) would require that participants establish a 
traceability system approved and audited by the NPPO of Costa Rica and 
APHIS. The identity and origin of Dracaena spp. plants would have to be 
maintained from the production unit through the packing and export 
facilities to the port of entry in the United States. A traceability 
system would allow for a traceback investigation in the event of a pest 
detection.

Recordkeeping

    Paragraph (y)(11) would require that participants maintain records 
of program activities, including corrective measures, for a minimum of 
3 years. The records would have to be made available to the NPPO of 
Costa Rica and APHIS on request.

Ineligibility for Participation

    Paragraph (y)(12) would state that persons who produce, pack, or 
ship Dracaena spp. plants would be ineligible for participation in the 
export program for Dracaena spp. plants established by the NPPO of 
Costa Rica and their production sites or packing or export facilities 
would lose approved status if live specimens of the quarantine pests 
listed above are found in a production site or in shipments of plants, 
or if growers violate the requirements set out in the regulations or 
required under the export program established by the NPPO of Costa 
Rica. Paragraph (y)(12) would also provide for conditions under which a 
grower may be reinstated.

Trust Fund

    Paragraph (y)(13) would require that the Government of Costa Rica 
enter into a trust fund agreement with APHIS before each growing 
season. The Government of Costa Rica or its designated representative 
would be required to pay in advance all estimated costs that APHIS 
would expect to incur through its involvement in overseeing the 
execution of the requirements of the certification programs described 
above. These costs would include the administrative expenses incurred 
in conducting the services enumerated and all salaries (including 
overtime and the Federal share of employee benefits), travel expenses 
(including per diem expenses), and other incidental expenses incurred 
by inspectors in performing these services.

Miscellaneous Changes

    Because we are proposing to require that all Dracaena spp. plants 
from Costa Rica be imported into the United States subject to a systems 
approach, we also propose to amend the list of prohibited articles in 
Sec.  319.37-2(a) to state that Dracaena spp. plants not meeting the 
conditions for import in Sec.  319.37-5(y) would not be allowed to be 
imported into the United States. We are also proposing to amend Sec.  
319.37-2(b)(6)(1) to state that Dracaena spp. plants from Costa Rica 
may be imported into the continental United States under the provisions 
of Sec.  319.37-5(y).

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. The 
analysis is summarized below. Copies of the full analysis are available 
from the person listed under FOR FURTHER INFORMATION CONTACT or on the 
Regulations.gov Web site (see ADDRESSES above for instructions for 
accessing Regulations.gov).
    Under the current regulations, Dracaena spp. plants that are 18 
inches or less in height may be imported into the United States. The 
proposed amendment allow Dracaena spp. plants up to 54 inches in height 
to be imported into the continental United States from Costa Rica. The 
proposal would require that all Dracaena spp. plants entering the 
continental United States from Costa Rica be subject to integrated pest 
risk management measures to reduce pest risks. Dracaena spp. plants of 
any size would not be allowed to enter Hawaii and U.S. territories from 
Costa Rica.
    The United States imports approximately 25 million Dracaena spp. 
plants from Costa Rica annually. On average, APHIS intercepts and 
fumigates over 8 percent of the Dracaena shipments and destroys less 
than 1 percent. Producing Dracaena spp. plants under the proposed 
systems approach would reduce pest infestations and subsequently pest 
interceptions and costs of fumigation or destruction of shipments at 
ports of entry.
    The oversized Dracaena spp. plants would be of greater value than 
the smaller plants currently allowed entry, and we expect U.S. 
nurseries would adjust to new marketing opportunities afforded by the 
larger plants. While most U.S. nurseries and other entities that may be 
affected by the proposed rule are small, effects of the proposed rule 
are undetermined as APHIS does not have information about nurseries 
that produce Dracaena spp. plants. APHIS invites public comment on the 
potential effects of the proposed rule.

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.

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 oversized Dracaena spp. plants from Costa Rica, we have 
prepared an

[[Page 67382]]

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-
2011-0073. Please send a copy of your comments to: (1) Docket No. 
APHIS-2011-0073, 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.
    Allowing the importation of Dracaena spp. plants into the United 
States from Costa Rica will require the completion of the following 
documents: Bilateral workplan, phytosanitary certificate with 
declaration, registration agreement, facility registration agreement, 
participant and personnel training, pest management program, 
inspections, traceability system, recordkeeping, detailed report with 
corrective actions, and a trust fund.
    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 0.60008 hours per response.
    Respondents: Importers of Dracaena spp. plants and foreign 
officials.
    Estimated annual number of respondents: 97.
    Estimated annual number of responses per respondent: 25.5979.
    Estimated annual number of responses: 2,483.
    Estimated total annual burden on respondents: 1,490 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
851-2908.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 851-2908.

List of Subjects in 7 CFR Part 319

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

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

PART 319--FOREIGN QUARANTINE NOTICES

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

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

    2. Section 319.37-2 is amended as follows:
    a. In the table in paragraph (a), by adding a new entry for 
``Dracaena spp. plants not meeting the conditions for import in Sec.  
319.37-5 (y)'', in alphabetical order, to read as set forth below.
    b. In paragraph (b)(6)(i), by adding the words ``Dracaena spp. 
plants from Costa Rica meeting the conditions of Sec.  319.37-5(y),'' 
after the citation ``Sec.  319.37-5(q),''.

Sec.  319.37-2  Prohibited articles.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                  Plant pests existing in the places named and
  Prohibited article (includes seeds     Foreign places from    capable of being transported with the prohibited
   only if specifically mentioned)         which prohibited                          article
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Dracaena spp. plants not meeting the   Costa Rica.............  Ancistrocercus circumdatus; Caldwelliola
 conditions for import in Sec.                                   reservata; Chaetanaphothrips signipennis
 319.37-5(y).                                                    (banana rust thrips); Coccus viridis (green
                                                                 scale); Diplosolenodes occidentalis (spotted
                                                                 leatherleaf slug); Erioloides consobrinus;
                                                                 Neoconocephalus affinis (rattler conehead
                                                                 katydid); Oncometopia clarior (blue
                                                                 sharpshooter); Ovachlamys fulgens; Palliferra
                                                                 costaricensis (Costa Rica mantle slug);
                                                                 Planococcus minor (passionvine mealybug);
                                                                 Pseudococcus landoi (lando mealybug);
                                                                 Sarasinula plebeia (Caribbean leatherleaf
                                                                 slug); Succinea costaricana; Xylosandrus
                                                                 morigerus (brown coffee twig beetle).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[[Page 67383]]

* * * * *
    3. In Sec.  319.37-5, a new paragraph (y) is added to read as 
follows:

Sec.  319.37-5  Special foreign inspection and certification 
requirements.

* * * * *
    (y) Special foreign inspection and certification requirements for 
Dracaena spp. plants from Costa Rica. Dracaena spp. plants from Costa 
Rica may only be imported into the continental United States in 
accordance with the requirements of this paragraph (y), to prevent the 
plant pests Ancistrocercus circumdatus, Caldwelliola reservata, 
Chaetanaphothrips signipennis, Coccus viridis, Diplosolenodes 
occidentalis, Erioloides consobrinus, Neoconocephalus affinis, 
Oncometopia clarior, Ovachlamys fulgens, Palliferra costaricensis, 
Planococcus minor, Pseudococcus landoi, Sarasinula plebeia, Succinea 
costaricana, and Xylosandrus morigerus from entering the United States.
    (1) Size requirements. Dracaena spp. plants from Costa Rica 
imported into the continental United States may not exceed 1,371.6 mm 
(approximately 54 inches) in length from the soil line (or top of the 
rooting zone for plants produced by air layering) to the farthest 
terminal growing point.
    (2) Bilateral workplan. The national plant protection organization 
(NPPO) of Costa Rica must provide a bilateral workplan to APHIS that 
details the activities that the NPPO of Costa Rica will, subject to 
APHIS' approval of the workplan, carry out to meet the requirements of 
this paragraph (y).
    (3) Phytosanitary certificate. The phytosanitary certificate of 
inspection required by Sec.  319.37-4 that accompanies each consignment 
of Dracaena spp. plants from Costa Rica must contain additional 
declarations that the plants in the consignment have been produced, 
packed, stored, and exported in accordance with the requirements of 7 
CFR 319.37-5(y) and the bilateral workplan, and that the consignment 
has been inspected and found free of quarantine pests.
    (4) Participant registration and agreement. Persons in Costa Rica 
who produce, pack, or ship Dracaena spp. plants for export to the 
United States must:
    (i) Be registered and approved by the NPPO of Costa Rica; and
    (ii) Enter into an agreement with the NPPO of Costa Rica whereby 
the persons agree to participate in and follow the export program for 
Dracaena spp. plants established by the NPPO of Costa Rica.
    (5) Facility registration and agreement. Production, packing, and 
export facilities must be approved and registered by the NPPO of Costa 
Rica. Registered packing and export facilities may only accept plants 
from registered production facilities where plants are grown in 
compliance with the requirements of this paragraph (y) and the 
bilateral workplan. The NPPO of Costa Rica will provide APHIS with 
access to the list of registered facilities at least annually and when 
changes occur.
    (6) Training. Participants and personnel at approved production, 
packing, and export facilities must be trained in the requirements of 
this paragraph (y) and the bilateral workplan and in recognizing the 
quarantine listed in this paragraph (y). Training records must be 
maintained and made available to the NPPO of Costa Rica and APHIS on 
request.
    (7) Pest management program. Participants must establish a pest 
management program for all approved production, packing, and export 
facilities. Pest management programs must include field or facility 
scouting, monitoring, and control of target pests, and must be 
monitored and approved by the NPPO of Costa Rica. APHIS may visit sites 
to inspect and monitor the pest management program. Each approved 
facility must have a trained, dedicated person to supervise the pest 
management program. Records of pest management activities must be 
maintained and made available to the NPPO of Costa Rica and APHIS upon 
request.
    (8) Sanitation. Sanitation measures must be maintained at approved 
production, packing, and export facilities. Fallen or discarded plant 
material and debris, or plants with pests, must be removed and must not 
be included in field containers brought from production to packing 
facilities for export. Packing facilities must be free of sand, soil, 
earth, and plant pests, and phytosanitary practices adequate to exclude 
pests must be employed. Equipment, materials, and tools must be 
sanitized to avoid spreading pests or to prevent recontamination.
    (9) Inspections. Inspections undertaken in the export program for 
Dracaena spp. plants established by the NPPO of Costa Rica will 
include, but may not be limited to, the following:
    (i) Approved production, packing, and export facilities must be 
inspected by dedicated trained personnel at the approved facilities at 
least once weekly, and by the NPPO of Costa Rica at least once monthly.
    (ii) Packing materials and shipping containers for the plants must 
be approved by APHIS and inspected by the NPPO of Costa Rica to ensure 
that they do not introduce pests of concern to the plants.
    (iii) Inspection dates and results must be recorded and made 
available to APHIS upon request.
    (10) Traceability. Participants must establish a traceability 
system approved and audited by the NPPO of Costa Rica and APHIS. The 
identity and origin of the Dracaena spp. plants must be maintained from 
the production unit through the packing and export facilities and to 
the port of entry in the United States.
    (11) Recordkeeping. Participants must maintain records of program 
activities, including corrective measures, for a minimum of 3 years. 
Records must be made available to the NPPO of Costa Rica and APHIS on 
request.
    (12) Ineligibility for participation. (i) Persons who produce, 
pack, or ship Dracaena spp. plants will be ineligible for participation 
in the export program for Dracaena spp. plants and their production 
sites or packing or export facilities will lose approved status if:
    (A) Live pests are found in a production site;
    (B) Live pests are found in a shipment of plants; or
    (C) Persons who produce, pack, or ship Dracaena spp. plants violate 
the requirements set out in this section or required under the export 
program established by the NPPO of Costa Rica.
    (ii) A person who produces, packs, or ships Dracaena spp. plants 
may be reinstated, and that person's production sites or packing or 
export facilities may regain approved status, by requesting reapproval 
and submitting a detailed report describing the corrective actions 
taken by the person. Reapproval will only be granted upon concurrence 
from the NPPO of Costa Rica and APHIS.
    (13) Trust fund. The Government of Costa Rica must enter into a 
trust fund agreement with APHIS before each growing season. The 
Government of Costa Rica or its designated representative is required 
to pay in advance all estimated costs that APHIS expects to incur 
through its involvement in overseeing the execution of paragraph (y) of 
this section. These costs will include administrative expenses incurred 
in conducting the services enumerated in paragraph (y) of this section 
and all salaries (including overtime and the Federal share of employee 
benefits), travel expenses (including per diem expenses), and other 
incidental expenses incurred by the inspectors in performing these

[[Page 67384]]

services. The Government of Costa Rica or its designated representative 
is required to deposit a certified or cashier's check with APHIS for 
the amount of the costs estimated by APHIS. If the deposit is not 
sufficient to meet all costs incurred by APHIS, the agreement further 
requires the Government of Costa Rica or its designated representative 
to deposit with APHIS a certified or cashier's check for the amount of 
the remaining costs, as determined by APHIS, before the services will 
be completed. After a final audit at the conclusion of each shipping 
season, any overpayment of funds would be returned to the Government of 
Costa Rica or its designated representative or held on account until 
needed.
* * * * *

    Done in Washington, DC, this 26th day of October 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-28253 Filed 10-31-11; 8:45 am]
BILLING CODE 3410-34-P
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