[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Proposed Rules]
[Pages 13382-13384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6098]



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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.

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Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / 
Proposed Rules
[[Page 13382]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 94-102-1]


Importation of Fruit Trees From France

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to allow Chaenomeles spp., Cydonia spp., 
Malus spp., Pyrus spp., and certain Prunus spp. plants (except seeds) 
to be imported into the United States as restricted articles, if grown 
in private nurseries in France and certified by the French plant 
protection service to be free of various diseases. This action would 
relieve restrictions on the importation of these articles from France 
without presenting a significant risk of introducing plant pests into 
the United States.
    We are also proposing to remove Laredo, TX, from the list of ports 
equipped with plant inspection stations.

DATES: Consideration will be given only to comments received on or 
before April 12, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 94-102-1, Animal and Plant Health Inspection Service, Policy 
and Program Development, Regulatory Analysis and Development, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comments refer to Docket No. 94-102-1. Comments received may be 
inspected at USDA, room 1141, South Building, 14th Street and 
Independence Avenue SW., Washington, DC, between 8 a.m. and 4:30 p.m., 
Monday through Friday, except holidays. Persons wishing to inspect 
comments are requested to call ahead on (202) 690-2817 to facilitate 
entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. James Petit de Mange or Mr. Peter 
Grosser, Operations Officers, Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Port Operations, 4700 River 
Road Unit 139, Riverdale, MD, 20737-1238, (301) 734-8645.

SUPPLEMENTARY INFORMATION:

Background

    The Plant Quarantine Act (7 U.S.C. 151 et seq.) and the Federal 
Plant Pest Act (7 U.S.C. 150aa et seq.) authorize the Animal and Plant 
Health Inspection Service (APHIS) to prohibit or restrict the 
importation into the United States of any plants, roots, bulbs, seeds, 
or other plant products in order to prevent the introduction of plant 
pests into the United States.
    Regulations promulgated under this authority, among others, include 
7 CFR 319.37 through 319.37-14, ``Subpart--Nursery Stock, Plants, 
Roots, Bulbs, Seeds, and Other Plant Products'' (the regulations). 
These regulations govern the importation of living plants, plant parts, 
and seeds for or capable of propagation, and related articles. The 
regulations prohibit or restrict the importation of most plants, roots, 
bulbs, seeds, and other plant products. These articles are classified 
as either ``prohibited articles'' or ``restricted articles.''
    A prohibited article is an article that the Deputy Administrator 
for Plant Protection and Quarantine (PPQ), APHIS, has determined cannot 
feasibly be inspected, treated, or handled to prevent it from 
introducing plant pests new to or not widely prevalent or distributed 
within and throughout the United States. Prohibited articles may not be 
imported into the United States, unless imported by the United States 
Department of Agriculture (USDA) for experimental or scientific 
purposes under specified safeguards.
    A restricted article is an article that the Deputy Administrator 
for PPQ has determined can be inspected, treated, or handled to 
essentially eliminate the risk of its spreading plant pests if imported 
into the United States. Restricted articles may be imported into the 
United States if they are imported in compliance with restrictions that 
may include permit and phytosanitary certificate requirements, 
inspection, treatment, or postentry quarantine.
    Under Sec. 319.37-5(b) of the regulations, articles (except seeds) 
of the genera Chaenomeles (flowering quince), Cydonia (quince), Malus 
(apple, crabapple), Pyrus (pear), and certain species of the genus 
Prunus (almond, apricot, cherry, cherry laurel, English laurel, 
nectarine, peach, plum, prune) may be imported into the United States 
as restricted articles if grown in government or private nurseries in 
Belgium, Canada, Great Britain, the Federal Republic of Germany, or The 
Netherlands. They may be imported from France as restricted articles 
only if grown in government nurseries. All of these restricted articles 
must be accompanied by a phytosanitary certificate of inspection 
stating where the article was grown and certifying that the article was 
found by the plant protection service of the country in which grown to 
be free of various plant diseases. Also, all of the restricted articles 
listed above, except those grown in Canada, are subject to a 2-year 
postentry quarantine period, as specified in Sec. 319.37-7. In 
postentry quarantine, restricted articles are grown in isolation and 
observed in order to detect plant pests undetectable by inspection at 
the port of entry.
    The French Ministry of Agriculture has asked that species of the 
above mentioned genera grown in private nurseries in France be allowed 
to enter the United States as restricted articles. In response to this 
request, APHIS representatives visited France in June 1994, to review 
France's fruit tree certification program. Following that review, APHIS 
determined that the process by which the French plant protection 
service certifies these articles to be ``disease-free'' is sufficient 
to allow their entry into the United States without increasing the risk 
of plant pest introduction. Therefore, we are proposing to amend the 
regulations to allow Chaenomeles spp., Cydonia spp., Malus spp., Pyrus 
spp., and certain Prunus spp. grown in private nurseries in France to 
be imported as restricted articles into the United States under the 
same conditions already applied to those same articles when grown in 
government nurseries in France.
    Also, for the sake of clarity, we are proposing to incorporate the 
provision in Sec. 319.37-5, footnote 7, concerning Prunus spp. not 
immune to plum pox virus, into a new paragraph (b)(2) in Sec. 319.37-5, 
and to remove footnote 7. [[Page 13383]] 

Port of Laredo Plant Inspection Station

    Some restricted articles may be imported into the United States 
only under a written permit issued by APHIS. Permits are required for 
these restricted articles because the articles appear to present a 
substantial risk of carrying plant pests at the time of importation. 
Section 319.37-3(a) of the regulations lists the categories of 
restricted articles that require a written permit for importation.
    Section 319.37-14(b) of the regulations contains a list of the 
approved ports of entry through which restricted articles may be 
imported into the United States. Restricted articles that do not 
require a written permit may be imported through any of the approved 
ports of entry; restricted articles that do require a permit, because 
of their greater plant pest risk, may be imported only through ports 
equipped with special inspection and treatment facilities (plant 
inspection stations). Ports equipped with plant inspection stations are 
indicated on the list by an asterisk.
    We are proposing to amend the regulations by removing the port of 
Laredo, TX, from the list of ports with plant inspection stations in 
Sec. 319.37-14(b). The fumigation chamber at the Laredo plant 
inspection station was found to be in violation of State clean air 
regulations by the Texas Natural Resources and Conservation Commission 
on July 7, 1994, and has not been used since that date. Since the 
volume of plant material requiring written permits and entering through 
Laredo has been low and because fumigation without a fumigation chamber 
would be difficult, APHIS elected to close the plant inspection station 
on October 1, 1994. As a result, certain plants and plant products can 
no longer be imported through Laredo, but must go to another port 
instead.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    We are proposing to allow species of the genera Chaenomeles, 
Cydonia, Malus, Pyrus, and certain species of Prunus (those resistant 
to plum pox virus) grown in private nurseries in France to be imported 
into the United States. Currently, under 7 CFR 319.37-5, APHIS allows 
restricted articles of these five genera to be imported if grown in 
government or private nurseries in Belgium, Canada, Great Britain, the 
Federal Republic of Germany, or The Netherlands, but from France only 
if grown in government nurseries.
    During the first nine months of fiscal year 1994, approximately 
312,893 fruit trees valued at $1.64 million were imported into the 
United States. Malus spp. accounted for 99.9 percent (312,840) of 
imported fruit trees. Thirty-two trees of Prunus spp. and 21 of Pyrus 
spp. were also imported. There were no imports of Chaenomeles spp. or 
Cydonia spp. Prices of imported fruit trees averaged about $5.25 per 
tree.
    Annually, domestic producers market about 20 million fruit trees of 
these five genera, valued at approximately $105 million. Domestic tree 
prices range from $5 to $6 per tree.
    Imported fruit trees, therefore, currently account for only about 
1.5 percent of fruit trees available in the U.S. market. We anticipate, 
as a result of this rule, that private French nurseries could export an 
additional 20,000 to 30,000 trees to the United States each year. This 
additional number of fruit trees would account for less than one-half 
of one percent of the U.S. supply. Furthermore, these additional fruit 
tree imports from France probably would compete directly with imports 
from The Netherlands, thus lessening the impact on the total domestic 
supply. We anticipate, therefore, that this proposed rule would not 
have a significant economic impact on total domestic fruit tree supply 
and thus would not have a significant economic impact on domestic fruit 
tree producers or other small entities.
    Also, we have determined, using the Small Business Administration 
definition of small business (having 100 or fewer employees), that 
there are currently about 9,097 small retail nurseries and 11,347 
wholesale shippers of flowers and nursery stock in the United States. 
We expect that these small businesses may benefit, if only slightly, 
from this rule. They would gain access to a greater variety of imported 
fruit trees, possibly at lower prices.
    We are also proposing to remove the port of Laredo, TX, from the 
list of ports with plant inspection stations. About 400 million plants 
are imported through plant inspection stations into the United States 
annually. Only 24 shipments of 21,429 plants (less than one percent of 
400 million) were imported through the plant inspection station at 
Laredo in 1993. In view of the low volume of plants imported into the 
United States through the Laredo plant inspection station, we do not 
believe that this rule would have a significant economic effect on 
businesses or other entities, large or small. Moreover, any plants 
requiring written permits and previously imported through Laredo could 
be diverted to the ports of Brownsville or El Paso, TX, which still 
retain plant inspection stations.
    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 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this proposed rule have been approved by the Office of 
Management and Budget (OMB), and there are no new requirements. The 
assigned OMB control number is 0579-0049.

List of Subjects in 7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by 
reference, Nursery stock, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Rice, Vegetables.

    Accordingly, 7 CFR part 319 would be amended as follows:

PART 319--FOREIGN QUARANTINE NOTICES

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

    Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, and 450; 21 
U.S.C. 136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).

    2. Section 319.37-5 would be amended as follows:
    a. In paragraph (b)(1), the first sentence would be amended by 
removing the reference to ``(b)(2)'' and adding a reference to 
``(b)(3)'' in its place.
    b. Footnote 7 and its reference would be removed.
    c. Paragraph (b)(2) would be redesignated as paragraph (b)(3) and a 
new paragraph (b)(2) would be added to read as set forth below. 
[[Page 13384]] 


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

* * * * *
    (b) * * *
    (2) Species of Prunus not immune to plum pox virus (species other 
than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. 
padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. 
subhirtella, P. yedoensis, and P. virginiana) and grown in Belgium, 
France, Germany, Great Britain, or The Netherlands may be certified 
only from the government operated nurseries (research stations) where 
the original parent stock is indexed for the appropriate national fruit 
tree certification program.
* * * * *


Secs. 319.37-6, 319.37-7, 319.37-8, and 319.37-13  [Amended]

    3. Footnotes 8 through 12 and their references would be 
redesignated as footnotes 7 through 11.


Sec. 319.37-14  [Amended]

    4. In Sec. 319.37-14, paragraph (b), under the list of ports of 
entry in Texas, the asterisk immediately preceding the entry for Laredo 
would be removed.

    Done in Washington, DC, this 7th day of March 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-6098 Filed 3-10-95; 8:45 am]
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