[Federal Register Volume 66, Number 249 (Friday, December 28, 2001)]
[Proposed Rules]
[Pages 67123-67134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31602]


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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. 66, No. 249 / Friday, December 28, 2001 / 
Proposed Rules

[[Page 67123]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 98-062-1]


Update of Nursery Stock Regulations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the regulations for importing 
nursery stock to require additional certifications for imported niger 
seed and lilac, to reflect recent changes in plant taxonomy and pest 
distributions, and to make various changes to the requirements for 
postentry quarantine of imported plants. We are also proposing several 
other amendments to update and clarify the regulations and improve 
their effectiveness. This action is necessary to update the existing 
regulations and make them easier to understand and implement.

DATES: We will consider all comments that we receive by February 26, 
2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 98-062-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 98-062-1. If you use e-mail, 
address your comment to <a href="/cdn-cgi/l/email-protection#7e0c1b190b121f0a1711100d3e1f0e16170d500b0d1a1f50191108"><span class="__cf_email__" data-cfemail="57253230223b36233e3839241736273f3e24792224333679303821">[email protected]</span></a>. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
98-062-1'' on the subject line.
    You may read any comments that we receive on this docket in our 
reading room. The reading room 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.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, Senior Import 
Specialist, Phytosanitary Issues Management Team, PPQ, APHIS, 4700 
River Road Unit 140, Riverdale, MD 20737-1236; (301) 734-6799; fax 
(301) 734-5007.

SUPPLEMENTARY INFORMATION:

Background

    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 plant pests. The regulations contained 
in ``Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other 
Plant Products,'' Secs. 319.37 through 319.37-14 (referred to below as 
the regulations), restrict, among other things, the importation of 
living plants, plant parts, and seeds for propagation.
    We are proposing to make several amendments to the regulations. Our 
proposed amendments are discussed below by topic.

Changes in Taxonomy

Chrysanthemum

    The regulations at Secs. 319.37-2(a), 319.37-5(c), and 319.37-7 
prohibit or restrict the importation of plants of the genus 
Chrysanthemum from several countries and localities due to a disease 
known as chrysanthemum white rust (CWR), which is caused by the fungus 
Puccinia horiana. The taxonomy of the genus Chrysanthemum has recently 
changed. As a result of this change, only three species of plants are 
now assigned to the genus Chrysanthemum, and none of those species are 
hosts of CWR. Those plants that formerly belonged to the genus 
Chrysanthemum and that are known hosts of CWR have been assigned to the 
genera Ajania, Dendranthema, Leucanthemella, and Nipponanthemum. We 
are, therefore, proposing to amend the regulations in Sec. 319.37-2(a), 
Sec. 319.37-5(c), and Sec. 319.37-7 to reflect those changes by 
removing restrictions on articles of the genus Chrysanthemum, and 
adding restrictions on articles of the genera Ajania, Dendranthema, 
Leucanthemella, and Nipponanthemum. These proposed changes are intended 
only to reflect changes in taxonomy and would not result in any new 
plant varieties being subject to restrictions on entry.

Datura from Colombia

    The regulations at Secs. 319.37-2(a) and 319.37-7(a)(3) prohibit or 
restrict the importation of plants of the genus Datura from Colombia 
because of the existence of the Datura Colombian virus. The taxonomy of 
Datura has recently changed, and the woody Datura spp. that are known 
to host the Datura Colombian virus have been assigned to the genus 
Brugmansia. We are, therefore, proposing to replace the entries for 
Datura spp. from Colombia in the list of prohibited articles in 
Sec. 319.37-2(a) and the list of restricted articles in Sec. 319.37-
7(a)(3) with entries for Brugmansia spp. from Colombia. Datura spp. 
from India would still be prohibited importation into the United States 
due to the existence of Datura distortion (enation mosaic virus) in 
India.

New and Revised Treatment Conditions

Treatments Performed Outside the United States

    Section 319.37-13 specifies conditions and costs associated with 
the application of treatments performed in the United States. We are 
proposing to add a new paragraph (c) to Sec. 319.37-13 to specify 
conditions associated with treatments that are required by our 
regulations and that are performed outside the United States.
    Proposed new paragraph (c) would require treatments performed 
outside the United States to be monitored and certified by an inspector 
of the Animal and Plant Health Inspection Service (APHIS) or an 
official of the plant protection service of the country exporting the 
regulated articles to the United States. If an official of the 
exporting country monitors and certifies treatment, paragraph (c) would 
also require that the official issue a

[[Page 67124]]

phytosanitary certificate that includes a declaration that the 
regulated articles have been treated in accordance with the Plant 
Protection and Quarantine (PPQ) Treatment Manual, which is incorporated 
by reference at Sec. 300.1(a). (If an APHIS inspector monitors and 
certifies treatment, the inspector would issue a Plant Protection and 
Quarantine Form 203, ``Foreign Site Certificate of Inspection and/or 
Treatment,'' to certify the treatment.) In addition, paragraph (c) 
would require the regulated articles to be stored and handled during 
the time between treatment and exportation to the United States in a 
manner that prevents infestation by pests and Federal noxious weeds. 
The proposed changes would provide a mechanism that allows for the 
certification of treatment of regulated articles by either APHIS 
inspectors or plant protection officials of exporting countries. The 
current regulations only provide for the certification of treatments by 
APHIS inspectors.

Treatment of Niger Seed

    Under the regulations at Sec. 319.37-6(d), seeds of Guizotia 
abyssinica (niger) are required to be heat treated in accordance with 
the PPQ Treatment Manual for possible infestation with Cuscuta spp. 
(dodder) seeds at the time of arrival at the port of first arrival in 
the United States. Cuscuta spp. are Federal noxious weeds. Niger seed, 
however, may be contaminated with the seeds of other Federal noxious 
weeds, including Asphodelius fistulosus Linnaeus (onion weed), 
Digitaria spp. (includes African couchgrass), Oryza spp. (red rice), 
Paspalum scrobiculatum Linnaeus (kodo millet), Prosopis spp. (includes 
mesquites), Solanum viarum Dunal (tropical soda apple), Striga spp. 
(witchweed), and Urochloa panicoides Beauvois (liver-seed grass). The 
currently prescribed treatment is not effective against those 
additional noxious weed seeds. We are, therefore, proposing to adopt a 
new treatment for niger seed that has been demonstrated to be effective 
against these other contaminants. We would amend the PPQ Treatment 
Manual to provide that imported niger seed must be heat treated at 248 
deg.F (120  deg.C) for 15 minutes.
    We are also proposing to amend the regulations to allow niger seed 
to be imported into the United States if it is heat treated prior to 
shipment to the United States in accordance with the PPQ Treatment 
Manual at a facility that has been approved by APHIS. The facility 
would be required to operate in compliance with a written agreement 
with the plant protection service of the exporting country, in which 
the treatment facility owner agrees to (1) comply with the applicable 
APHIS regulations and treatment requirements and (2) allow inspectors 
and representatives of the plant protection service of the exporting 
country access to the treatment facility as necessary to monitor 
compliance with the regulations. We would also require that the 
treatment be conducted in accordance with the conditions described in 
proposed Sec. 319.37-13(c) which, as noted above, would provide for the 
certification of treatment and the safeguarding of treated articles 
when treatments are performed outside the United States.
    In order to be approved by APHIS as a niger seed heat treatment 
facility, facilities would be required to meet the following minimum 
standards and specifications:
    <bullet> A minimum of two temperature probes must be situated in 
the heat treating equipment in such a way as to determine that all 
niger seed being treated reaches the target temperature.
    <bullet> The temperature recording chart must show changes in 
temperature in increments of not less than 0.1 inch for each degree 
Fahrenheit or 5 mm for each degree Celsius.
    <bullet> Temperature readings must be recorded on a chart at time 
intervals not to exceed 4 minutes between each reading.
    <bullet> Accuracy of the total temperature recording system must be 
within plus or minus 0.5  deg.F (0.3  deg.C) of the actual temperatures 
as recorded by a certified calibrated thermometer.
    <bullet> A speed indicator must be present for continuous flow 
systems.
    <bullet> All the valves and controls that affect heat flow to the 
treatment system must be secured to avoid manipulation by unauthorized 
personnel during the treatment process.
    <bullet> Heating controls must be automatic and run continuously 
throughout the treatment process. Manual adjustments are allowed, if 
necessary.
    <bullet> Gear systems used to control used to control the niger 
seed conveyer (if applicable) must be capable of being adjusted as 
necessary to meet treatment requirements.
    <bullet> An audible alarm or highly visible light must be installed 
on burners or other equipment to indicate system failure and/or when 
the system is not operating properly.
    <bullet> An action plan must be established to address any pests 
that may be associated with the storage, treatment, or shipment of 
niger seed.
    <bullet> Proper sanitation measures must be implemented to ensure 
that there are no potential breeding grounds for pests on the premises, 
and therefore, little risk of reinfestation or cross-contamination.
    <bullet> Treated seeds must be stored in a location separate from 
nontreated seeds. The treated and nontreated seeds must be handled in a 
manner to prevent cross-contamination.
    <bullet> Seed processing equipment must have the capability to 
divert for retreatment any nontreated or treated seeds that do not meet 
treatment standards.
    The above standards and specifications would be included in the PPQ 
Treatment Manual, along with additional specific information regarding 
treatment procedures and the certification process. We would include a 
footnote in Sec. 319.37-6(d)(2) stating that the approval criteria may 
be found in the PPQ Treatment Manual. Interested persons may obtain 
this additional information by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.

Treatment of Lilac From The Netherlands

    The regulations at Sec. 319.37-5(i) prohibit the importation of 
plants of the genera Syringa (lilac) from The Netherlands unless, at 
the time of arrival in the United States, the phytosanitary certificate 
accompanying the plants contains a declaration stipulating that: (1) 
The plants' parent stock was found free of plant diseases by inspection 
and indexing, (2) the plants were propagated either by rooting cutting 
from indexed parent plants or by grafting indexed parent plant material 
on seedling rootstalks, and (3) the plants were grown in soil that was 
fumigated with methyl bromide according to certain conditions. The 
Government of The Netherlands has requested that APHIS provide an 
alternative to treating the soil with methyl bromide, since methyl 
bromide is no longer allowed to be used in The Netherlands.
    We currently require the soil to be fumigated with methyl bromide 
to ensure it does not contain live viruliferous nematodes. Soil that 
does not contain any viruliferous nematodes also would be safe, and we 
believe this could be determined through microscopic inspection of the 
soil. Therefore, as an alternative to fumigating the soil with methyl 
bromide, we are proposing to allow the soil to be certified free of 
viruliferous nematodes and other plant pests by the plant protection 
service of The Netherlands. For this certification to be valid, we 
would require that the soil be sampled and microscopically inspected by 
the plant protection service of The Netherlands within 12 months

[[Page 67125]]

preceding the issuance of the certification. We are proposing this 
requirement because we believe that soil that is sampled and inspected 
annually would not present a significant risk of being infested with 
nematodes.

Changes in Pest Distributions

Peanut Stripe Virus

    The regulations at Sec. 319.37-2(a) prohibit the importation of 
seeds of the genus Arachis (peanut) from India, Indonesia, Japan, the 
People's Republic of China, the Philippines, Taiwan, and Thailand due 
to the existence of peanut stripe virus in those regions. We are 
proposing to remove the prohibition on the importation of peanuts from 
all of those regions except India because the peanut stripe virus is 
now reported to occur in seven of the nine peanut-producing States in 
the United States, and is widely prevalent in two of those States 
(Georgia and Virginia). The importation into the United States of 
peanuts from India would still be prohibited due to the existence of 
the Indian peanut clump virus in India.

Mango Seed Weevil

    The regulations at Sec. 319.37-2(a) prohibit the importation of 
seeds of Mangifera spp. (mango) from certain regions due to the 
existence of the mango seed weevil, Sternochetus mangiferae, in those 
regions. We are proposing to also prohibit the importation of mango 
seeds from the British Virgin Islands, Grenada, St. Vincent and the 
Grenadines, and Trinidad and Tobago due to recent reports that the 
mango seed weevil exists there. Currently, the mango seed weevil exists 
in Guam, Hawaii, and the Northern Mariana Islands. Since there is no 
program in place to control the mango seed weevil in any of those 
areas, we would not restrict the movement of mango seeds into Guam, 
Hawaii, and the Northern Mariana Islands.
    We are also proposing to allow the importation of mango seeds from 
Guimaras Island in the Republic of the Philippines due to the fact that 
neither the mango seed weevil, nor any other quarantine pest of mango 
seeds, exists on that island.

Watermark Disease of Willow

    The regulations at Secs. 319.37-2(a) and 319.37-7(a)(3) prohibit or 
restrict the importation of plants of the genus Salix (willow) from the 
Federal Republic of Germany (West), German Democratic Republic (East), 
Great Britain, and The Netherlands due to the existence of watermark 
disease of willow, Erwinia salicis, in those regions. We are proposing 
to also prohibit the importation of willow plants from Belgium and 
Japan due to recent reports that watermark disease of willow exists in 
those regions. Currently, watermark disease of willow does not exist in 
the United States. We are also proposing to remove references to the 
former East and West Germany and refer instead to Germany.

Citrus Canker

    The regulations at Sec. 319.37-6(e) provide that seeds of all 
species of the plant family Rutaceae from certain countries must be 
treated under certain conditions at the time of arrival at the port of 
first arrival in the United States for possible infection with citrus 
canker.
    We are proposing to require the same treatment upon arrival for 
Rutaceae seeds from Gabon and Iran because citrus canker is reported to 
occur in each of those regions. Currently, citrus canker exists in the 
United States only in a portion of the State of Florida, where there is 
an eradication program underway.

Postentry Quarantine Regulations

Growing Agreements

    The regulations at Sec. 319.37-7(d) require that a person who 
wishes to grow a restricted article under postentry quarantine must 
enter into a postentry quarantine growing agreement with APHIS. Under 
the regulations, growers who enter into such growing agreements may 
only grow a restricted article or increase from that article on certain 
premises, under certain conditions, and may only move, propagate, or 
allow propagation of the restricted articles with the written 
permission of an APHIS inspector.
    We are proposing to amend the regulations to require that growers 
obtain permission to move, propagate, or allow propagation of a 
restricted article not from an APHIS inspector, but from the 
coordinator, Postentry Quarantine Unit, APHIS. We are proposing this 
change in order to make it clear who gives permission to move or 
increase plants in postentry quarantine.

States With Growing Agreements

    Under the regulations at Sec. 319.37-7(c), articles required to 
undergo postentry quarantine under Sec. 319.37-7 may only be imported 
into a State that has entered into a written agreement with APHIS. 
Paragraph (c)(1)(i) of Sec. 319.37-7 is established as the location for 
the list of States that have entered into such agreements with APHIS, 
but does not currently list any States. As of the drafting of this 
proposed rule, all U.S. States and Territories except the District of 
Columbia, Guam, Hawaii, and the Northern Mariana Islands have entered 
into written postentry quarantine agreements with APHIS. Therefore, we 
are proposing to amend Sec. 319.37-7(c)(1)(i) to indicate that all U.S. 
States and Territories except those cited in the previous sentence have 
entered into written postentry quarantine agreements with APHIS.

Requirements for the Importation of Hops

    The regulations at Sec. 319.37-7(a) restrict the entry of plants of 
the genus Humulus (hops) from all foreign countries due to the 
existence of several foreign plant diseases known to affect hops. One 
such disease is the hops powdery mildew (HPM), which is caused by the 
fungus Sphaerotheca macularis. HPM currently exists in the United 
States in Idaho, Oregon, and Washington.
    We are proposing to add a requirement in Sec. 319.37-7(d)(7)(iii) 
that a meristem culture of any imported hops plant must be grown and 
observed for 6 months in an isolated growth chamber in postentry 
quarantine. After 6 months, once the meristem culture has been 
established, the original plant would have to be destroyed, and the 
meristem culture would have to be grown in postentry quarantine for an 
additional year. This requirement would provide time for any symptoms 
of disease to become visible to inspectors. We are proposing this 
action to protect against the introduction of additional strains or 
biotypes of HPM into the United States.

Arrangement of Plants

    The regulations at Sec. 319.37-7(d)(4) require restricted articles 
that are grown in postentry quarantine to be kept 3 meters 
(approximately 10 feet) apart from: (1) Any domestic plant or plant 
product of the same genus and (2) any other imported plant or plant 
product.
    We are proposing to require restricted articles that are grown in 
postentry quarantine to be kept 3 meters apart from any other plant or 
plant product, whether domestic or imported, regardless of genus, 
unless the plants or plant products: (1) Are of the same genus, (2) 
enter postentry quarantine together, and (3) arrived together in a 
single shipment from a foreign region. This change would protect 
against the possibility that pests could spread from one shipment of 
plants under postentry quarantine to other plants or plant products, 
regardless of genera, that could host such pests.

[[Page 67126]]

Prohibited Articles Listed as Subject to Postentry Quarantine

    The regulations in Sec. 319.37-7 require articles of the genus 
Ribes from New Zealand to be grown in postentry quarantine upon entry 
into the United States. Since the regulations in Sec. 319.37-2(a) 
currently prohibit the importation of articles of the genus Ribes from 
New Zealand due to the black currant reversion agent, we are proposing 
to correct the error in Sec. 319.37-7.
    Also, the regulations at Sec. 319.37-7(b) list fruits and nuts, 
including articles of the genus Phoenix (date), as articles subject to 
postentry quarantine. However, Phoenix spp. articles are currently 
listed as prohibited articles in Sec. 319.37-2(a) of the regulations 
and should not be listed as articles subject to postentry quarantine. 
Therefore, we are proposing to remove the entry for Phoenix from the 
list in Sec. 319.37-7(b) of fruits and nut articles subject to 
postentry quarantine.

Labeling Requirements for Greenhouse-Grown Plants From Canada

    The regulations at Sec. 319.37-4(c) govern the importation of 
greenhouse-grown plants from Canada. Among other things, Sec. 319.37-
4(c) requires that the Plant Protection Division, Agriculture Canada, 
issue labels to each grower participating in the program. The labels 
must bear a unique number identifying the grower and bear the following 
statement: ``This shipment of greenhouse-grown plants meets the import 
requirements of the United States, and is believed to be free from 
injurious plant pests. Issued by the Plant Protection Division, 
Agriculture Canada.'' Under Sec. 319.37-4(c), growers must apply these 
labels to each carton of plants to be shipped to the United States and 
to an airway bill, bill of lading, or delivery ticket. Paragraph (c) of 
Sec. 319.37-4 also requires that the Plant Protection Division of 
Agriculture Canada ensure that the label is placed on the outside of 
each container of plants and that the grower's label is placed on the 
airway bill, bill of lading, or delivery ticket accompanying each 
shipment of articles.
    We are proposing to remove the requirement that the label be 
applied to each carton or container of plants. We believe that it is 
sufficient to place the label containing that information on the airway 
bill, bill of lading, or delivery ticket accompanying the shipment of 
plants. We are also proposing to update references to the Plant 
Protection Division of Agriculture Canada in Sec. 319.37-4(c) to 
reflect the reorganization of the agency. Agriculture Canada is now the 
Canadian Food Inspection Agency and the Plant Protection Division is 
now the Plant Health and Production Division.

Risk Assessments for Plants Established in Growing Media

    The regulations at Sec. 319.37-8(g) provide pest risk evaluation 
standards to be used by APHIS to evaluate requests to allow additional 
taxa of plants established in growing media to be allowed importation 
into the United States. These guidelines generally follow the pest risk 
analysis guidelines established by the International Plant Protection 
Convention (IPPC) of the United Nations' Food and Agricultural 
Organization. The IPPC pest risk analysis guidelines are the 
international standards for conducting pest risk analyses. As an IPPC 
member country, the United States is obligated to conduct pest risk 
analyses in accordance with IPPC guidelines.
    The existing standards were made effective in February 1995, and 
have been amended since. Therefore, in order to bring the regulations 
up to date with current procedure, we are proposing to remove the 
existing standards in Sec. 319.37-8(g) and add in their place a 
statement that APHIS will evaluate requests to allow the importation of 
additional taxa of plants in growing media in accordance with IPPC pest 
risk analysis guidelines. These guidelines are available by writing to 
USDA, APHIS, PPQ, Permits and Risk Assessment, Commodity Risk Analysis 
Branch, 4700 River Road Unit 133, Riverdale, MD 20737, or on the 
Internet at: http://www.aphis.usda.gov/ppq/pra/commodity/cpraguide.pdf.

Commercial Shipments of Bulbs

    The regulations at Sec. 319.37-2(a) prohibit the importation of 
plants of the genera Crocosmia, Gladiolus, and Watsonia from Africa, 
Brazil, France, Italy, Malta, Mauritius, and Portugal because of 
Uromyces transversalis (Theum.), commonly known as gladiolus rust, 
which is known to exist in those countries. However, recent research 
evaluated by APHIS shows that bulbs of Crocosmia spp., Gladiolus spp., 
and Watsonia spp. that are commercially packaged and processed prior to 
shipment to the United States present a low risk of carrying U. 
transversalis. We are, therefore, proposing to remove the prohibition 
in Sec. 319.37-2(a) on the importation of bulbs of Crocosmia spp., 
Gladiolus spp., and Watsonia spp. in commercial shipments from Brazil, 
France, Italy, Malta, Mauritius, and Portugal. The importation into the 
United States of commercial shipments of bulbs of Crocosmia spp., 
Gladiolus spp., and Watsonia spp. from Africa would still be prohibited 
due to the existence of several other varieties of rust in Africa.

Approved Growing Media

    The regulations at Sec. 319.37-8(e)(1) list approved growing media 
for plants that are allowed to be imported in growing media. We are 
proposing to add coal cinder, coir, Stockosorb superabsorbent polymer, 
and zeolite to the list of approved growing media in Sec. 319.37-
8(e)(1). We have inspected each of these types of growing media and 
reviewed their respective manufacturers' specifications. Based on our 
inspection and review of the media's specifications, we have determined 
that the media are sterile and would not present new pathways for plant 
pests to enter the United States.

Approved Packing Material

    The regulations at Sec. 319.37-9 list approved packing material for 
imported plants. We are proposing to add stockosorb superabsorbent 
polymer to the list of approved packing material in Sec. 319.37-9. We 
have inspected the material and reviewed its manufacturers' 
specifications. Based on our inspection and review of the material's 
specifications, we have determined that the material is sterile and 
would not present a new pathway for plant pests to enter the United 
States.

Ports of Entry

    The regulations at Sec. 319.37-14 list Federal plant inspection 
stations and ports of entry for plants offered for importation into the 
United States. Federal plant inspection stations are ports that have 
the capacity to process importations of restricted articles that are 
required to be accompanied by a written permit under the regulations in 
Sec. 319.37-3(a)(1) through (6), as well as any other imported plants 
or plant products. Other ports of entry cannot process shipments of 
plants or plant products that are imported under permit as specified 
above.
    We are proposing to remove El Paso, TX, from the list of ports of 
entry designated as plant inspection stations because the port of El 
Paso no longer has the facilities or resources necessary to operate as 
a Federal plant inspection station. The port of El Paso would continue 
to operate as a port of entry.

Editorial Changes

    We are proposing to replace all references to the former ``Burma,''

[[Page 67127]]

``Ivory Coast,'' and ``Upper Volta'' that are contained in the 
regulations with references to ``Myanmar,'' ``Cote d'Ivoire,'' and 
``Burkina Faso,'' respectively. We would also correct several 
typographical errors in the regulations.

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 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 set out below, regarding the 
effects of this proposed rule on small entities. We do not currently 
have all the data necessary for a comprehensive analysis of the effects 
of this proposed rule on small entities. Therefore, we are inviting 
comments concerning potential economic effects. In particular, we are 
interested in determining the number and kind of small entities that 
may incur benefits or costs from implementation of this proposed rule.
    Under the Plant Protection Act (7 U.S.C. 7701-7772), the Secretary 
of Agriculture is authorized to regulate the importation of plants, 
plant products, and other articles to prevent the introduction of 
injurious plant pests.
    We are proposing to amend the regulations for importing nursery 
stock to require additional certifications for imported niger seed and 
lilac, to reflect recent changes in plant taxonomy and pest 
distributions, and to make various changes to the requirements for 
postentry quarantine of imported plants. We are also proposing several 
other amendments to update and clarify the regulations and improve 
their effectiveness. The potential effects of the changes proposed in 
this document are discussed below, by topic.

Treatment of Niger Seed

    We are proposing to amend the regulations to allow niger seed to be 
imported into the United States if it is treated at a treatment 
facility that has been approved by APHIS. Under this proposed 
amendment, niger seed could be treated: (1) At the time of arrival at 
the port of first arrival in the United States or (2) prior to shipment 
to the United States at a treatment facility that has been approved by 
APHIS. Currently, the regulations in Sec. 319.37-6(d) state that 
imported niger seed must be heat treated upon arrival in the United 
States.
    This proposed change could potentially affect U.S. firms that 
import and treat niger seed. The treatment firms could suffer a loss in 
revenue, but we believe that there are only two such firms in the 
United States, and at least one of those firms is not small in size 
according to Small Business Administration (SBA) criteria. It is likely 
that the other treatment firm, whose size is unknown, may not be 
significantly affected, because niger seed treatment likely accounts 
for only a small portion of the firm's overall revenues. However, since 
we are unable to estimate the amount of niger seed that would be 
treated prior to shipment to the United States, we cannot determine the 
effect this proposed rule would have on domestic firms that treat niger 
seed.
    As a group, importers in the United States would likely be 
unaffected by this proposed change, since it would not likely affect 
the overall volume of niger seed imported into the United States. 
However, the proposed change could result in new marketing and 
distribution channels that could benefit some importers at the expense 
of others. We estimate that there are fewer than 20 importers of niger 
seed in the United States. However, data on the importers' size are not 
available, although we expect at least some of the importers are likely 
to be small according to SBA criteria.
    We are also proposing to amend the regulations to revise the heat 
treatment required for imported niger seed. However, since the revised 
treatment would only involve a change in the required treatment 
temperature, and no change in the type or duration of the treatment, we 
anticipate that existing treatment facilities would not be affected by 
the proposed new treatment.

Lilac From The Netherlands

    This proposed rule would allow the importation of lilac from The 
Netherlands under new conditions due to The Netherlands' request for an 
alternative to the use of methyl bromide as a fumigant of soil for 
lilac to be exported to the United States. This change should have no 
effect on the volume of lilac imported from the Netherlands since it 
simply provides a new mechanism for Dutch exporters to ship lilac 
without fumigating the soil in which it is grown with methyl bromide 
and, therefore, should have no effect on U.S. entities, whether small 
or large.

Peanuts From Certain Countries

    This proposed rule would allow the importation of peanuts from 
Indonesia, Japan, the People's Republic of China, the Philippines, 
Taiwan, and Thailand. The importation of peanuts from those countries 
has been prohibited due to the existence of the peanut stripe virus. 
Because the peanut stripe virus is now known to exist in several U.S. 
peanut-producing States, and is widely prevalent in Georgia and 
Virginia, we are proposing to remove the restrictions on the entry of 
peanuts from those countries.
    China is the world's largest peanut producer. In the 1996 to 1997 
harvest season, China produced about 6 times more peanuts than the 
United States, which was the world's fourth largest peanut producer 
during that period (India and Nigeria were the second and third largest 
producers, respectively). For the year beginning October 1, 1997, the 
United States imported 141 million pounds of peanuts, equivalent to 
only 4 percent of domestic peanut production. The United States is a 
net exporter of peanuts, exporting almost five times as many peanuts as 
it imports.
    This proposed change should have little or no effect on U.S. 
consumers, producers, or importers because it is unlikely that a 
significant volume of peanuts would be imported into the United States, 
since the imported peanuts likely cannot compete with higher quality 
peanuts produced in the United States.

Mango Seeds From the British Virgin Islands, Grenada, Trinidad and 
Tobago, and St. Vincent and the Grenadines

    This proposed rule would prohibit the importation of mango seeds 
from the British Virgin Islands, Grenada, Trinidad and Tobago, and St. 
Vincent and the Grenadines due to the risk of introducing the mango 
seed weevil, Sternochetus mangiferae, into the United States. This 
proposed change should have little or no effect on U.S. consumers, 
importers, or producers, due to the fact that the United States has 
historically imported a very small volume of mangoes and mango seeds 
from those countries. Between September 1, 1997, and May 31, 1998, the 
value of U.S. imports of fresh mangoes (with seeds intact) from 
Trinidad and Tobago and Grenada was approximately $20,000, or 
approximately 1 percent of the value of U.S. fresh mango imports from 
all countries combined during that period. During the same period, the 
United States imported no mangoes or mango seeds from St. Vincent and 
the Grenadines. Data on imports of mango seeds or fruit from the 
British Virgin Islands are not available. Furthermore, the United 
States imported no seeds,

[[Page 67128]]

fruit, or spores for propagation from Trinidad and Tobago in 1997.

Willow From Belgium and Japan

    This proposed rule would prohibit the importation of willow plants 
and plant parts from Belgium and Japan due to the risk of introducing 
the watermark disease of willow into the United States.
    The United States has historically imported a very small volume of 
willow plants and plant parts from Belgium and Japan. The value of live 
trees and plants, including willow plants, imported into the United 
States from Belgium and Japan in 1997 totaled only $3 million, or less 
than 1 percent of the value of U.S. live tree and plant imports from 
all countries combined that year. Since willow plants compose only a 
small fraction of the plants imported from Belgium and Japan, this 
proposed change should have little or no effect on U.S. consumers, 
importers, or producers.

Citrus Seeds From Gabon and Iran

    This proposed rule would require that seeds of all species of the 
plant family Rutaceae (citrus) from Gabon and Iran be treated for 
citrus canker upon arrival in the United States. This proposed change 
should have no effect on U.S. consumers, producers, or importers, since 
imports of Rutaceae (citrus) from the two affected countries are 
nonexistent. Trade data for 1995 to 1997 show no U.S. imports of citrus 
fruit (fresh or dried) or seeds, fruit, or spores for propagation from 
either of the two regions.

Growing Requirements for Hops

    This proposed rule would require that imported hops plants and 
plant parts be grown and observed in postentry quarantine in an 
isolated growth chamber for 6 months, and then transferred to a 
greenhouse to be grown for an additional year.
    Researchers and universities comprise the overwhelming bulk of 
entities in the United States that grow imported hop plants and plant 
parts. The proposed change should have little or no effect on 
researchers, since most already have the equipment and facilities to 
comply with the proposed rule's requirements. Accordingly, for most of 
the affected entities, the cost to comply with the proposed 
requirements should be minimal.

Commercial Shipments of Bulbs

    This proposed rule would allow the importation of bulbs of the 
genera Crocosmia, Gladiolus, and Watsonia in commercial shipments from 
Brazil, France, Italy, Malta, Mauritius, and Portugal.
    In 1998, the United States imported over $175 million worth of 
bulbs and tubers. Imports from Brazil, France, Italy, Malta, Mauritius, 
and Portugal together accounted for less than 1 percent of the total 
bulb and tuber imports. Data on potential imports of bulbs that would 
result from this proposed change are not available. However, given the 
export history of the countries affected, it is unlikely that this 
change would have a significant impact on domestic bulb producers or 
bulb importers.

Additional Approved Growing Media and Packing Material

    This proposed rule would add stockosorb superabsorbent polymer, 
zeolite, coir, and coal cinder to the list of growing media approved 
for the importation of certain plants.
    This proposed change is not expected to result in increased U.S. 
imports of plants in growing media; the expected result is a 
redistribution of the existing volume of plant imports among a larger 
number of approved growing media. Accordingly, the proposed addition of 
these types of growing media should have no economic effect on U.S. 
consumers, producers, or importers.
    This rule would also add stockosorb superabsorbent polymer to the 
list of approved packing material. We cannot determine what entities 
could be affected by this proposed change, but we believe that it would 
not likely have a significant economic effect on any U.S. entities.

List of Ports of Entry

    This rule would amend the regulations to reflect that the port of 
El Paso, TX, no longer operates as a Federal plant inspection station. 
This port no longer operates as a plant inspection station because it 
does not have the capacity to perform treatments and provide the other 
services that are available at Federal plant inspection stations. We 
believe that this change would not have any significant impact on any 
U.S. entities, whether small or large.

Other Proposed Changes

    We are also proposing to make several other amendments to the 
regulations, including changes in plant taxonomy, postentry quarantine 
protocol, labeling requirements, and risk assessment policy, as well as 
other editorial changes, which would not have any economic effects on 
U.S. entities, whether small or large.
    This proposed rule contains information collection requirements, 
which have been submitted for approval to the Office of Management and 
Budget (see ``Paperwork Reduction Act'' below).

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    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. 98-062-1. 
Please send a copy of your comments to: (1) Docket No. 98-062-1, 
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 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.
    In this document, we are proposing to amend the regulations for 
importing nursery stock to require additional certifications for 
imported niger seed and lilac, to reflect recent changes in plant 
taxonomy and pest distributions, and to make various changes to the 
requirements for postentry quarantine of imported plants. We are also 
proposing several other amendments to update and clarify the 
regulations and improve their effectiveness. This action is necessary 
to update the existing regulations and make them easier to understand 
and implement.
    These changes will necessitate the use of certain information 
collection activities, including the completion of phytosanitary 
certificates.
    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:

[[Page 67129]]

    (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 0.5 hours per response.
    Respondents: Importers of nursery stock and foreign governments.
    Estimated annual number of respondents: 20.
    Estimated annual number of responses per respondent: 1.
    Estimated annual number of responses: 20.
    Estimated total annual burden on respondents: 10 hours.
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

List of Subjects

7 CFR Part 300

    Incorporation by reference, Plant diseases and pests, Quarantine.

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, we propose to amend 7 CFR parts 300 and 319 as 
follows:

PART 300--INCORPORATION BY REFERENCE

    1. The authority citation for part 300 would continue to read as 
follows:

    Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.

    2. In Sec. 300.1, paragraph (a), the introductory text would be 
revised to read as follows:


Sec. 300.1  Materials incorporated by reference.

    (a) Plant Protection and Quarantine Treatment Manual. The Plant 
Protection and Quarantine Treatment Manual, which was reprinted 
November 30, 1992, and includes all revisions through [date], has been 
approved for incorporation by reference in 7 CFR chapter III by the 
Director of the Office of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51.
* * * * *

PART 319--FOREIGN QUARANTINE NOTICES

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

    Authority: 7 U.S.C. 166, 450, 7711-7714, 7718, 7731, 7732, and 
7751-7754; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

    4. In Sec. 319.37-2(a), the table would be amended as follows:
    a. By adding, in alphabetical order, entries for ``Ajania spp.'', 
``Brugmansia spp.'', ``Chrysanthemum'', ``Crocosmia spp.'', ``Datura 
spp. (woody species)'', ``Gladiolus spp.'', ``Leucanthemum spp.'', 
``Nipponanthemum spp.'', and ``Watsonia spp.'' to read as set forth 
below.
    b. By removing the entry for ``Chrysanthemum spp.''.
    c. By revising the entries for ``Abelmoschus spp.'', ``Aesculus 
spp.'', ``Arachis spp.'', ``Blighia sapida'', ``Crocosmia spp.'', 
``Datura spp.'', ``Gladiolus spp.'', ``Jasminum spp.'', ``Mangifera 
spp.'', ``Salix spp.'', ``Sorbus spp.'', and ``Watsonia spp.'' to read 
as set forth below.
    d. In the entry for ``Hydragea spp.'', the word ``Hydragea'' would 
be corrected to read ``Hydrangea''.


Sec. 319.37-2  Prohibited articles.

    (a) * * *

------------------------------------------------------------------------
                                                          Plant pests
                                                        existing in the
  Prohibited article (includes      Foreign places     places named and
   seeds only if specifically         from which       capable of being
           mentioned)                 prohibited       transported with
                                                        the prohibited
                                                            article
------------------------------------------------------------------------
Abelmoschus spp. (okra).........  Africa............  Cotton leaf curl
                                                       agent.
                                  Brazil............  Cotton
                                                       Anthocyanosis
                                                       agent.
                                  Bangladesh, India,  Bhendi yellow vein
                                   Sri Lanka.          mosaic agent.
                                  Cote d'Ivoire,      Okra mosaic virus.
                                   Nigeria.
                                  Iraq..............  Okra yellow leaf
                                                       curl agent.
                                  Papua New Guinea,   Okra mosaic
                                   Trinidad and        agents.
                                   Tobago.
 
*                  *                  *                  *
         *                  *                  *
Aesculus spp. (horsechestnut)...  Czechoslovakia,     Horsechestnut
                                   Germany, Romania,   variegation or
                                   United Kingdom..    yellow mosaic
                                                       diseases.
 
*                  *                  *                  *
         *                  *                  *
Ajania spp......................  Argentina, Brazil,  Puccina horiana P.
                                   Canary Islands,     Henn. (white rust
                                   Chile, Colombia,    of
                                   Europe, Republic    chrysanthemum).
                                   of South Africa,
                                   Uruguay,
                                   Venezuela, and
                                   all countries,
                                   territories, and
                                   possessions of
                                   countries located
                                   in part or
                                   entirely between
                                   90 deg. and 180
                                   deg. east
                                   longitude.
 

[[Page 67130]]

 
*                  *                  *                  *
         *                  *                  *
Arachis spp. (peanut) seed only   Burkina Faso, Cote  Peanut clump
 (all other Arachis articles are   d'Ivoire, Senegal.  virus.
 included under Fabaceae).
                                  India.............  Indian peanut
                                                       clump virus.
*                  *                  *                  *
         *                  *                  *
Blighia sapida (akee)...........  Cote d'Ivoire,      Okra mosaic virus.
                                   Nigeria.
*                  *                  *                  *
         *                  *                  *
Brugmansia spp..................  Columbia..........  Datura Columbia
                                                       virus.
*                  *                  *                  *
         *                  *                  *
Chrysanthemum...................  (See Sec.  319.37-
                                   5(c)).
*                  *                  *                  *
         *                  *                  *
Crocosmia spp. (montebretia)....  Africa............  Puccinia mccleanii
                                                       Doidge (rust),
                                                       Uredo gladioli-
                                                       buettneri Bub.
                                                       (rust), Uromyces
                                                       gladioli P. Henn.
                                                       (rust), U.
                                                       nyikensis Syd.
                                                       (rust).
                                  Argentina, Uruguay  U. gladioli P.
                                                       Henn. (rust).
Crocosmia spp. (montebretia),     Africa, Brazil,     U. transversalis
 except bulbs in commercial        France, Italy,      (Thuem.) Wint.
 shipments.                        Malta, Mauritius,   (rust).
                                   Portugal.
 
*                  *                  *                  *
         *                  *                  *
Datura spp......................  India.............  Datura distortion
                                                       or enation mosaic
                                                       virus.
Datura spp. (woody species).....  (See Brugmansia
                                   spp.).
 
*                  *                  *                  *
         *                  *                  *
Gladiolus spp. (gladiolus)......  Africa............  Puccinia mccleanii
                                                       Doidge (rust),
                                                       Uredo gladioli-
                                                       buettneri Bub.
                                                       (rust), Uromyces
                                                       gladioli P. Henn.
                                                       (rust), U.
                                                       nyikensis Syd.
                                                       (rust).
                                  Argentina, Uruguay  U. gladioli P.
                                                       Henn. (rust).
Gladiolus spp. (gladiolus),       Africa, Brazil,     U. transversalis
 except bulbs in commercial        France, Italy,      (Thuem.) Wint.
 shipments.                        Malta, Mauritius,   (rust).
                                   Portugal.
 
*                  *                  *                  *
         *                  *                  *
Jasminum spp. (jasmine).........  Belgium, Germany,   Jasmine
                                   Great Britain.      variegation
                                                       diseases.
                                  India.............  Chlorotic
                                                       ringspot,
                                                       phyllody, yellow
                                                       ring mosaic
                                                       diseases.
                                  Philippines.......  Sampaguita yellow
                                                       ringspot mosaic
                                                       diseases.
 
*                  *                  *                  *
         *                  *                  *
Leucanthemella spp..............  Argentina, Brazil,  Puccina horiana P.
                                   Canary Islands,     Henn. (white rust
                                   Chile, Colombia,    of
                                   Europe, Republic    chrysanthemum).
                                   of South Africa,
                                   Uruguay,
                                   Venezuela, and
                                   all countries,
                                   territories, and
                                   possessions of
                                   countries located
                                   in part or
                                   entirely between
                                   90 deg. and 180
                                   deg. east
                                   longitude.
 
*                  *                  *                  *
         *                  *                  *
Mangifera spp. (mango) seed       All except          Sternochetus
 only. (Prohibition not            Guimaras Island     mangiferae F.
 applicable to seeds imported      (Republic of the    (mango seed
 into Guam, Hawaii, and the        Philippines) and    weevil).
 Northern Mariana Islands.).       North and South
                                   America
                                   (excluding
                                   Barbados, the
                                   British Virgin
                                   Islands,
                                   Dominica, French
                                   Guiana, Grenada,
                                   Guadeloupe,
                                   Martinique, St.
                                   Lucia, St.
                                   Vincent and the
                                   Grenadines, and
                                   Trinidad and
                                   Tobago).
 

[[Page 67131]]

 
*                  *                  *                  *
         *                  *                  *
Nipponanthemum spp..............  Argentina, Brazil,  Puccina horiana P.
                                   Canary Islands,     Henn. (white rust
                                   Chile, Colombia,    of
                                   Europe, Republic    chrysanthemum).
                                   of South Africa,
                                   Uruguay,
                                   Venezuela, and
                                   all countries,
                                   territories, and
                                   possessions of
                                   countries located
                                   in part or
                                   entirely between
                                   90 deg. and 180
                                   deg. east
                                   longitude..
 
*                  *                  *                  *
         *                  *                  *
Salix spp. (willow).............  Belgium, Germany,   Erwinia salicis
                                   Great Britain,      (Day) Chester
                                   Japan, and The      (Watermark
                                   Netherlands.        disease).
 
*                  *                  *                  *
         *                  *                  *
Sorbus spp. (mountain ash)......  Czechoslovakia,     Mountain ash
                                   Denmark, Germany.   variegation or
                                                       ringspot mosaic
                                                       disease.
 
*                  *                  *                  *
         *                  *                  *
Watsonia spp. (bugle lily)......  Africa............  Puccinia mccleanii
                                                       Doidge (rust),
                                                       Uredo gladioli-
                                                       buettneri Bub.
                                                       (rust), Uromyces
                                                       gladioli P. Henn.
                                                       (rust), U.
                                                       nyikensis Syd.
                                                       (rust).
                                  Argentina, Uruguay  U. gladioli P.
                                                       Henn. (rust).
Watsonia spp. (bugle lily),       Africa, Brazil,     U. transversalis
 except bulbs in commercial        France, Italy,      (Thuem.) Wint.
 shipments.                        Malta, Mauritius,   (rust).
                                   Portugal.
 
*                  *                  *                  *
         *                  *                  *
------------------------------------------------------------------------

    5. In Sec. 319.37-4, paragraph (c) would be amended as follows:
    a. By revising the introductory text to read as set forth below.
    b. By revising the introductory text of paragraph (c)(1) to read as 
set forth below.
    c. By revising paragraph (c)(1)(iv) to read as set forth below.
    d. By revising paragraph (c)(2) to read as follows:


Sec. 319.37-4  Inspection, treatment, and phytosanitary certificates of 
inspection.

* * * * *
    (c) Greenhouse-grown plants from Canada. A greenhouse-grown 
restricted plant may be imported from Canada if the Plant Health and 
Production Division of the Canadian Food Inspection Agency (CFIA) signs 
a written agreement with the Animal and Plant Health Inspection Service 
allowing such importation, and provided that the following conditions 
are met:
    (1) The Plant Health and Production Division of CFIA shall:
* * * * *
    (iv) Issue labels to each grower participating in the program. The 
labels issued to each grower shall bear a unique number identifying 
that grower, and shall bear the following statement: ``This shipment of 
greenhouse-grown plants meets the import requirements of the United 
States, and is believed to be free from injurious plant pests. Issued 
by Plant Health and Production Division, Canadian Food Inspection 
Agency.'' The Plant Health and Production Division, CFIA, shall also 
ensure that the label is placed on the airway bill, bill of lading, or 
delivery ticket accompanying each shipment of articles; and
* * * * *
    (2) Each greenhouse grower participating in the program shall enter 
into an agreement with the Plant Health and Production Division of CFIA 
in which the grower agrees to:
    (i) Maintain records of the kinds and quantities of plants grown in 
their greenhouses, including the date of receipt and place of origin of 
the plants; keep the records for at least 1 year after the plants are 
shipped to the United States; and make the records available for review 
and copying upon request by either the Plant Health and Production 
Division of CFIA or an authorized representative of the Secretary of 
Agriculture;
    (ii) Apply to an airway bill, bill of lading, or delivery ticket 
for plants to be shipped to the United States a label issued by CFIA 
that includes the identification number assigned to the grower by the 
Plant Health and Production Division, CFIA, and the following 
certification statement: ``This shipment of greenhouse grown plants 
meets the import requirements of the United States and is believed to 
be free from injurious plant pests. Issued by Plant Health and 
Production Division, Canadian Food Inspection Agency.''; and
    (iii) Use pest control practices approved by Plant Protection and 
Quarantine and the Plant Health and Production Division of CFIA to 
exclude pests from the greenhouses.
    6. Section 319.37-5 would be amended by revising paragraphs (c) and 
(i) to read as follows.


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

* * * * *
    (c) Any restricted article (except seeds) of Ajania spp., 
Dendranthema spp., Leucanthemella spp., or Nipponanthemum spp. from any 
foreign place except Europe, Argentina, Brazil, Canada, the Canary 
Islands, Chile, Colombia, the Republic of South Africa, Uruguay, 
Venezuela, and all countries and localities located in part or entirely 
between 90 deg. and 180 deg. east longitude shall, at the time of 
arrival at the port of first arrival in United States, be accompanied 
by a phytosanitary

[[Page 67132]]

certificate of inspection. The phytosanitary certificate of inspection 
must contain a declaration that such article was grown in a greenhouse 
nursery and found by the plant protection service of the country in 
which grown to be free from white rust of chrysanthemum (caused by the 
rust fungus Puccinia horiana P. Henn.) based on visual examination of 
the parent stock, the articles for importation, and the greenhouse 
nursery in which the articles for importation and the parent stock were 
grown, once a month for 4 consecutive months immediately prior to 
importation.
* * * * *
    (i) Any restricted article of Syringa spp. (lilac) from The 
Netherlands is prohibited as specified in Sec. 319.37-2(a) unless, at 
the time of arrival at the port of first arrival in the United States, 
the phytosanitary certificate accompanying the article of Syringa spp. 
(lilac) contains a declaration that stipulates that the parent stock 
was found free of plant diseases by inspection and indexing and that 
the Syringa spp. (lilac) to be imported were propagated either by 
rooting cuttings from indexed parent plants or by grafting indexed 
parent plant material on seedling rootstocks, and were grown in:
    (1) Fumigated soil (fumigated by applying 400 to 870 pounds of 
methyl bromide per acre and covering the soil with a tarpaulin for 7 
days) in a field at least 3 meters from the nearest nonindexed Syringa 
spp. (lilac), or
    (2) Soil that has been sampled and microscopically inspected by the 
plant protection service of The Netherlands within 12 months preceding 
issuance of the phytosanitary certificate and that has been found free 
of the viruliferous nematodes capable of transmitting European 
nepoviruses, including, but not limited to, the Arabis mosaic 
nepovirus.
* * * * *
    7. Section 319.37-6 would be amended as follows:
    a. By revising paragraph (d) to read as set forth below.
    b. In paragraph (e), by removing the words ``Burma,'' and ``Ivory 
Coast,'' and by adding, in alphabetical order, the words ``Cote 
d'Ivoire,'' ``Gabon,'' ``Iran,'' and ``Myanmar,''.


Sec. 319.37-6  Specific treatment and other requirements.

* * * * *
    (d) Seeds of Guizotia abyssinica (niger seed) are allowed entry 
only if:
    (1) They are treated in accordance with the PPQ Treatment Manual at 
the time of arrival at the port of first arrival in the United States; 
or
    (2) They are treated prior to shipment to the United States at a 
facility that is approved by APHIS \9\ and that operates in compliance 
with a written agreement between the treatment facility owner and the 
plant protection service of the exporting country, in which the 
treatment facility owner agrees to comply with the provisions of this 
section and allow inspectors and representatives of the plant 
protection service of the exporting country access to the treatment 
facility as necessary to monitor compliance with the regulations. 
Treatments must be certified in accordance with the conditions 
described in Sec. 319.37-13(c).
---------------------------------------------------------------------------

    \9\ Criteria for the approval of niger seed treatment facilities 
are contained in the PPQ Treatment Manual, which is incorporated by 
reference at Sec. 300.1 of this chapter.
---------------------------------------------------------------------------

* * * * *
    8. Section 319.37-7 would be amended as follows:
    a. In the table in paragraph (a)(3), by adding, in alphabetical 
order, entries for ``Ajania spp.'', ``Brugmansia spp.'', 
``Chrysanthemum'', ``Datura spp. (woody species)'', ``Leucanthemella 
spp.'', and ``Nipponanthemum spp.'' to read as set forth below.
    b. In the table in paragraph (a)(3), by removing the entry for 
``Chrysanthemum spp.''.
    c. In the table in paragraph (a)(3), by revising the entries for 
``Aesculus spp.'', ``Blighia sapida'', ``Datura spp.'', ``Ribes spp.'', 
and ``Salix spp.'' to read as set forth below.
    d. In paragraph (b), by removing the entry for ``Phoenix--date''.
    e. By revising paragraph (c)(1)(i) to read as set forth below and 
by adding and reserving paragraph (c)(1)(ii).
    f. In paragraph (c)(2)(iv), by removing the words ``now know'' and 
adding the words ``not known'' in their place.
    g. In paragraph (d)(1), by removing the words ``of an inspector and 
only to the extent prescribed by the inspector;'' and adding the words 
``of the coordinator, Postentry Quarantine Unit, USDA, APHIS, PPQ, 
Building 580, BARC-East, Beltsville, MD 20705;'' in their place.
    h. By revising paragraph (d)(4) to read as set forth below.
    i. By revising paragraph (d)(7) to read as set forth below.
    j. By removing paragraphs (d)(8) and (d)(9).
    k. In paragraph (e), by redesignating footnote 9 and its reference 
in the text as footnote 10.


Sec. 319.37-7  Postentry quarantine.

    (a) * * *
    (3) * * *

------------------------------------------------------------------------
  Restricted articles  (excluding          Foreign country(ies) or
              seeds)                  locality(ies) from which imported
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
Aesculus spp. (horsechestnut).....  All except Canada, Czechoslovakia,
                                     Germany, Romania, and the United
                                     Kingdom.
 
*                  *                  *                  *
                  *                  *                  *
Ajania spp........................  All except Argentina, Brazil, Canary
                                     Islands, Chile, Columbia, Europe,
                                     Republic of South Africa, Uruguay,
                                     Venezuela, and all countries,
                                     territories, and possessions of
                                     countries located in part or
                                     entirely between 90 deg. and 180
                                     deg. east longitude.
 
*                  *                  *                  *
                  *                  *                  *
Blighia sapida (akee).............  All except Canada, Cote d'Ivoire,
                                     and Nigeria.
 
*                  *                  *                  *
                  *                  *                  *
Brugmansia spp....................  All except Canada and Columbia.
 
*                  *                  *                  *
                  *                  *                  *
Chrysanthemum.....................  See Sec.  319.37-5(c).
 

[[Page 67133]]

 
*                  *                  *                  *
                  *                  *                  *
Datura spp........................  All except Canada and India.
Datura spp. (woody species).......  (See Brugmansia spp)
 
*                  *                  *                  *
                  *                  *                  *
Leucanthemella spp                  All except Argentina, Brazil, Canary
                                     Islands, Chile, Columbia, Europe,
                                     Republic of South Africa, Uruguay,
                                     Venezuela, and all countries,
                                     territories, and possessions of
                                     countries located in part or
                                     entirely between 90 deg. and 180
                                     deg. east longitude.
 
*                  *                  *                  *
                  *                  *                  *
Nipponanthemum spp................  All except Argentina, Brazil, Canary
                                     Islands, Chile, Columbia, Europe,
                                     Republic of South Africa, Uruguay,
                                     Venezuela, and all countries,
                                     territories, and possessions of
                                     countries located in part or
                                     entirely between 90 deg. and 180
                                     deg. east longitude.
 
*                  *                  *                  *
                  *                  *                  *
Ribes spp.........................  All except Canada, Europe, and New
                                     Zealand.
 
*                  *                  *                  *
                  *                  *                  *
Salix spp. (willow)...............  All of Europe (except Belgium,
                                     Germany, Great Britain, and the
                                     Netherlands).
 
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------

* * * * *
    (c) * * * (1) * * *
    (i) The following States have entered into a postentry quarantine 
agreement in accordance with this paragraph: All U.S. States and 
Territories, except the District of Columbia, Guam, Hawaii, Kansas, and 
the Northern Mariana Islands.
    (ii) [Reserved]
* * * * *
    (d) * * *
    (4) To keep the article separated from any other plant or plant 
product by no less than 3 meters (approximately 10 feet) unless such 
other plant or plant product is of the same genus as the article, 
entered postentry quarantine with the article, and arrived together 
with the article in a single shipment from a foreign region;
* * * * *
    (7) To grow the article or increase therefrom in postentry 
quarantine for a period of 2 years unless specified otherwise in the 
following:
    (i) To grow the article or increase therefrom, if an article of 
Rubus spp. (cloudberry, blackberry, boysenberry, dewberry, loganberry, 
raspberry) from Europe, only in a screenhouse with screening of a 
minimum of 16 mesh per inch.
    (ii) To grow the article or increase therefrom, if an article of 
Ajania spp., Dendranthema spp., Leucanthemella spp., Nipponanthemum 
spp., or Dianthus spp. (carnation, sweet-william), only in a greenhouse 
or other enclosed building, and to comply with the above conditions for 
a period of 6 months after importation for an article of Ajania spp., 
Dendranthema spp., Leucanthemella spp., or Nipponanthemum spp., and for 
a period of 1 year after importation for an article of Dianthus spp. 
(carnation, sweet-william).
    (iii) To grow the article or increase therefrom, if an article of 
Humulus spp. (hops), a meristem culture of the imported plant will be 
observed for 6 months, and the original plant will be destroyed after 
the meristem culture is established. After the 6-month observation, the 
meristem culture-generated plant must remain in postentry quarantine 
for an additional year.
* * * * *
    9. In Sec. 319.37-8, the introductory text of paragraph (e) and 
paragraphs (e)(1) and (g) would be revised to read as follows.


Sec. 319.37-8  Growing media.

* * * * *
    (e) A restricted article of any of the following groups of plants 
may be imported established in an approved growing medium listed in 
this paragraph, if the article meets the conditions of this paragraph, 
and is accompanied by a phytosanitary certificate issued by the plant 
protection service of the country in which the article was grown that 
declares that the article meets the conditions of this paragraph: 
Alstroemeria, Ananas, Anthurium, Begonia, Gloxinia (= Sinningia), 
Nidularium, Peperomia, Polypodiophyta (= Filicales) (ferns), 
Rhododendron from Europe, and Saintpaulia.\11\
---------------------------------------------------------------------------

    \11\ Ananas and Nidularium are bromeliads, and if imported into 
Hawaii, bromeliads are subject to postentry quarantine in accordance 
with Sec. 319.37-7.
---------------------------------------------------------------------------

    (1) Approved growing media are baked expanded clay pellets, coal 
cinder, coir, cork, glass wool, organic and inorganic fibers, peat, 
perlite, phenol formaldehyde, plastic particles, polyethylene, polymer 
stabilized starch, polystyrene, polyurethane, rock wool, sphagnum moss, 
ureaformaldehyde, stockosorb superabsorbent polymer, vermiculite, 
volcanic rock, or zeolite, or any combination of these media. Growing 
media must not have been previously used.
* * * * *
    (g) Pest risk evaluation standards for plants established in 
growing media. The Animal and Plant Health Inspection Service will 
conduct a pest risk assessment based on pest risk analysis guidelines 
established by the International Plant Protection Convention of the 
United Nations' Food and Agriculture Organization in response to each 
request to allow the importation of additional taxa of plants in 
growing media. These guidelines are available upon request by writing 
to USDA, APHIS, PPQ, Permits and Risk Assessment, Commodity Risk 
Analysis Branch, 4700 River Road Unit 133, Riverdale, MD 20737.
* * * * *
    10. In Sec. 319.37-9, the list of approved packing material would 
be amended by adding, in alphabetical order, a new entry to read as 
follows:


Sec. 319.37-9  Approved packing material.

* * * * *
    Stockosorb superabsorbent polymer.

* * * * *
    11. Section Sec. 319.37-13 would be amended as follows:

[[Page 67134]]

    a. The section heading would be revised as set forth below.
    b. In paragraph (a), footnote 11 and its reference in the text 
would be redesignated as footnote 12.
    c. A new paragraph (c) would be added to read as follows:


Sec. 319.37-13  Treatment and costs and charges for inspection and 
treatment; treatments applied outside the United States.

* * * * *
    (c) Any treatment performed outside the United States must be 
monitored and certified by an APHIS inspector or an official from the 
plant protection service of the exporting country. If monitored and 
certified by an official of the plant protection service of the 
exporting country, then a phytosanitary certificate must be issued with 
the following declaration: ``The consignment of (fill in botanical 
name) has been treated in accordance with the Plant Protection and 
Quarantine Treatment Manual.'' During the entire interval between 
treatment and export, the consignment must be stored and handled in a 
manner that prevents any infestation by pests and Federal noxious 
weeds.


Sec. 319.37-14  [Amended]

    15. In Sec. 319.37-14, paragraph (b), in the list of ports of 
entry, under the undesignated center heading, ``TEXAS'', the asterisk 
immediately before the words ``El Paso'' would be removed.

    Done in Washington, DC, this 18th day of December, 2001.
Richard L. Dunkle,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-31602 Filed 12-27-01; 8:45 am]
BILLING CODE 3410-34-U


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