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

13382

Vol. 60, No. 48

Monday, March 13, 1995

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.

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 § 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 § 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 § 319.37–5, footnote 7, concerning

Prunus spp. not immune to plum pox

virus, into a new paragraph (b)(2) in

§ 319.37–5, and to remove footnote 7.
Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Proposed Rules 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 § 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. Thirtytwo 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.
13384 Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Proposed Rules

§ 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.

* * * * *

§§ 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.

§ 319.37–14 [Amended]

4. In § 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]

BILLING CODE 3410–34–P

Agricultural Marketing Service

7 CFR Part 1230

[No. LS–94–008]

Pork Promotion, Research, and

Consumer Information Program—

Change in Requirements for Annual

Financial Audits

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule and termination

order.

SUMMARY: This proposed document

would terminate the provision of the

Pork Promotion, Research, and

Consumer Information Order (Order)

containing requirements for submission

of annual financial reports to the

National Pork Board (Board) by

organizations that receive less than

$10,000 in annual distributed

assessments; and issue new

requirements in the regulations to

implement the Order provisions. The

new requirements would raise the

minimum annual revenue requiring a

certified public accountant audit from

$10,000 to $30,000. The proposed

change would facilitate the costeffective preparation and submission of

annual financial reports.

DATES: Comments must be received by

April 12, 1995.

ADDRESSES: Send two copies of

comments to Ralph L. Tapp, Chief,

Marketing Programs Branch, Livestock

and Seed Division, Agricultural

Marketing Service (AMS), USDA, Room

2624–S, P.O. Box 96456, Washington,

DC 20090–6456.

Comments will be available for public

inspection during regular business

hours at the above office in Room 2624,

South USDA Building, 14th and

Independence Avenue SW.,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Ralph L. Tapp, Chief, Marketing

Programs Branch, 202/720–1115.

SUPPLEMENTARY INFORMATION:

Executive Order 12866 and Regulatory

Flexibility Act

The Department of Agriculture is

issuing this rule in conformance with

Executive Order 12866.

This proposed action has been

reviewed under Executive Order 12778,

Civil Justice Reform. This proposal is

not intended to have a retroactive effect.

The Pork Promotion, Research, and

Consumer Information Act (Act) states

that the statute is intended to occupy

the field of promotion and consumer

education involving pork and pork

products and of obtaining funds thereof

from pork producers and that the

regulation of such activity (other than a

regulation or requirement relating to a

matter of public health or the provision

of State or local funds for such activity)

that is in addition to or different from

the Act may not be imposed by a State.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

§ 1625 of the Act, a person subject to an

Order may file a petition with the

Secretary stating that the Order, a

provision of the Order, or an obligation

imposed in connection with the Order

is not in accordance with law, and

requesting a modification of or an

exemption from the Order. Petitioners

have an opportunity for a hearing on the

petition. After the hearing, the Secretary

will rule on the petition. The Act

provides that the district court of the

United States in the district in which a

person resides or does business has

jurisdiction to review the Secretary’s

decision, if the petitioner files an appeal

not later than 20 days after the date the

petitioner receives notice of that

decision.

This action has also been reviewed

under the Regulatory Flexibility Act

(RFA) (5 U.S.C. 601 et seq.).

This proposed action would allow

State Pork Producer Associations

(SPPAs) that receive less than $30,000

in assessments annually to submit

unaudited annual financial statements

to the Board.

Most SPPAs would be classified as

small businesses under the RFA. Raising

the minimum dollar amount of

distributed annual assessments that

would trigger the requirement that a

SPPA must submit an audited annual

financial statement from $10,000 to

$30,000, would minimize the cost of

preparing annual financial reports for

smaller SPPAs. The cost savings would

result in increased funds available for

financing promotion and research

programs.

For these reasons the Administrator of

AMS has determined that this proposed

action will not have a significant

economic effect on a substantial number

of small entities.

The Act (7 U.S.C. 4801–4819)

approved December 23, 1985,

authorized the establishment of a

national pork promotion, research, and

consumer information program. The

program was funded by an initial

assessment rate of 0.25 percent of the

market value of all porcine animals

marketed in the United States and an

equivalent amount of assessments on

import porcine animals, pork, and pork

products. That rate was increased to

0.35 percent effective December 1, 1991

(56 FR 51635). The final Order

establishing a pork promotion, research,

and consumer information program was

published in the September 5, 1986,

issue of the Federal Register (51 FR

31898; as corrected at 51 FR 36383 and

amended at 53 FR 1909, 53 FR 30243,

56 FR 4, and 56 FR 51635) and

assessments began on November 1,

1986. The Order is administered by the

15-member Board established pursuant

to § 1230.50 of the Order.

Section 1230.74(b) of the Order

requires that organizations that receive

distributions of funds from the Board

shall furnish the Board with an annual

report audited by a certified public

accountant (CPA) of all funds

distributed to them.

There are 45 SPPAs as defined in

§ 1230.25 who receive a percentage of

the annual net assessments collected in

their State pursuant to § 1230.72 (a) and

(b). However, § 1230.74(c) provides that

SPPAs that receive less than $10,000 in

such annual distributions may submit to

the Board annual, unaudited financial