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

67123

Vol. 66, No. 249

Friday, December 28, 2001

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

regulations@aphis.usda.gov. 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,’’

§§ 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 §§ 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

§ 319.37–2(a), § 319.37–5(c), and

§ 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 §§ 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

§ 319.37–2(a) and the list of restricted

articles in § 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 § 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

67124 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Proposed Rules

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 § 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 § 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 °F (120 °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 § 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:

• 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.

• 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.

• Temperature readings must be

recorded on a chart at time intervals not

to exceed 4 minutes between each

reading.

• Accuracy of the total temperature

recording system must be within plus or

minus 0.5 °F (0.3 °C) of the actual

temperatures as recorded by a certified

calibrated thermometer.

• A speed indicator must be present

for continuous flow systems.

• 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.

• Heating controls must be automatic

and run continuously throughout the

treatment process. Manual adjustments

are allowed, if necessary.

• 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.

• 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.

• An action plan must be established

to address any pests that may be

associated with the storage, treatment,

or shipment of niger seed.

• 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.

• 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.

• 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 § 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 § 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

Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Proposed Rules 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 § 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 peanutproducing 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 § 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 §§ 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 § 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 § 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 § 319.37–

7(c), articles required to undergo

postentry quarantine under § 319.37–7

may only be imported into a State that

has entered into a written agreement

with APHIS. Paragraph (c)(1)(i) of

§ 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

§ 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 § 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 § 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 § 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.

67126 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Proposed Rules

Prohibited Articles Listed as Subject to

Postentry Quarantine

The regulations in § 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

§ 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

§ 319.37–7.

Also, the regulations at § 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

§ 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 § 319.37–7(b) of

fruits and nut articles subject to

postentry quarantine.

Labeling Requirements for GreenhouseGrown Plants From Canada

The regulations at § 319.37–4(c)

govern the importation of greenhousegrown plants from Canada. Among other

things, § 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 § 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 § 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

§ 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 § 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

§ 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 § 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

§ 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 § 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 § 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 § 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

§ 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 § 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

§ 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,’’

Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Proposed Rules 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 § 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. peanutproducing 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,

67128 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Proposed Rules

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:

Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Proposed Rules 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 § 300.1, paragraph (a), the

introductory text would be revised to

read as follows:

§ 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 § 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’’.

§ 319.37–2 Prohibited articles.

(a) * * *

Prohibited article (includes seeds only if specifically mentioned) Foreign places from which prohibited

Plant pests existing in the places named and

capable of being transported with the prohibited article

Abelmoschus spp. (okra) .................................. Africa ................................................................. Cotton leaf curl agent.

Brazil ................................................................. Cotton Anthocyanosis agent.

Bangladesh, India, Sri Lanka ........................... Bhendi yellow vein mosaic agent.

Cote d’Ivoire, Nigeria ........................................ Okra mosaic virus.

Iraq .................................................................... Okra yellow leaf curl agent.

Papua New Guinea, Trinidad and Tobago ....... Okra mosaic agents.

*******

Aesculus spp. (horsechestnut) ......................... Czechoslovakia, Germany, Romania, United

Kingdom..

Horsechestnut variegation or yellow mosaic

diseases.

*******

Ajania spp ......................................................... Argentina, Brazil, Canary Islands, Chile, Colombia, Europe, Republic of South Africa,

Uruguay, Venezuela, and all countries, territories, and possessions of countries located

in part or entirely between 90° and 180°

east longitude.

Puccina horiana P. Henn. (white rust of chrysanthemum).

67130 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Proposed Rules

Prohibited article (includes seeds only if specifically mentioned) Foreign places from which prohibited

Plant pests existing in the places named and

capable of being transported with the prohibited article

*******

Arachis spp. (peanut) seed only (all other

Arachis articles are included under

Fabaceae).

Burkina Faso, Cote d’Ivoire, Senegal ............... Peanut clump virus.

India .................................................................. Indian peanut clump virus.

*******

Blighia sapida (akee) ........................................ Cote d’Ivoire, Nigeria ........................................ Okra mosaic virus.

*******

Brugmansia spp ................................................ Columbia ........................................................... Datura Columbia virus.

*******

Chrysanthemum ................................................ (See § 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), except bulbs in

commercial shipments.

Africa, Brazil, France, Italy, Malta, Mauritius,

Portugal.

U. transversalis (Thuem.) Wint. (rust).

*******

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), except bulbs in

commercial shipments.

Africa, Brazil, France, Italy, Malta, Mauritius,

Portugal.

U. transversalis (Thuem.) Wint. (rust).

*******

Jasminum spp. (jasmine) .................................. Belgium, Germany, Great Britain ..................... Jasmine variegation diseases.

India .................................................................. Chlorotic ringspot, phyllody, yellow ring mosaic

diseases.

Philippines ......................................................... Sampaguita yellow ringspot mosaic diseases.

*******

Leucanthemella spp .......................................... Argentina, Brazil, Canary Islands, Chile, Colombia, Europe, Republic of South Africa,

Uruguay, Venezuela, and all countries, territories, and possessions of countries located

in part or entirely between 90° and 180°

east longitude.

Puccina horiana P. Henn. (white rust of chrysanthemum).

*******

Mangifera spp. (mango) seed only. (Prohibition

not applicable to seeds imported into Guam,

Hawaii, and the Northern Mariana Islands.).

All except Guimaras Island (Republic of the

Philippines) and 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).

Sternochetus mangiferae F. (mango seed

weevil).

Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Proposed Rules 67131

Prohibited article (includes seeds only if specifically mentioned) Foreign places from which prohibited

Plant pests existing in the places named and

capable of being transported with the prohibited article

*******

Nipponanthemum spp ....................................... Argentina, Brazil, Canary Islands, Chile, Colombia, Europe, Republic of South Africa,

Uruguay, Venezuela, and all countries, territories, and possessions of countries located

in part or entirely between 90° and 180°

east longitude..

Puccina horiana P. Henn. (white rust of chrysanthemum).

*******

Salix spp. (willow) ............................................. Belgium, Germany, Great Britain, Japan, and

The Netherlands.

Erwinia salicis (Day) Chester (Watermark disease).

*******

Sorbus spp. (mountain ash) ............................. Czechoslovakia, Denmark, Germany ............... Mountain ash 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), except bulbs in

commercial shipments.

Africa, Brazil, France, Italy, Malta, Mauritius,

Portugal.

U. transversalis (Thuem.) Wint. (rust).

*******

5. In § 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:

§ 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.

§ 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° and 180° east longitude

shall, at the time of arrival at the port

of first arrival in United States, be

accompanied by a phytosanitary

67132 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Proposed Rules

9Criteria for the approval of niger seed treatment

facilities are contained in the PPQ Treatment

Manual, which is incorporated by reference at

§ 300.1 of this chapter.

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 § 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,’’.

§ 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 § 319.37–13(c).

* * * * *

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.

§ 319.37–7 Postentry quarantine.

(a) * * *

(3) * * *

Restricted articles

(excluding seeds) Foreign country(ies) or 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° and 180° east longitude.

*******

Blighia sapida (akee) ...................... All except Canada, Cote d’Ivoire, and Nigeria.

*******

Brugmansia spp .............................. All except Canada and Columbia.

*******

Chrysanthemum .............................. See § 319.37–5(c).

Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Proposed Rules 67133

11Ananas and Nidularium are bromeliads, and if

imported into Hawaii, bromeliads are subject to

postentry quarantine in accordance with § 319.37–

7.

Restricted articles

(excluding seeds) Foreign country(ies) or locality(ies) from which imported

*******

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° and 180° 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° and 180° 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, sweetwilliam), 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, sweetwilliam).

(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 culturegenerated plant must remain in

postentry quarantine for an additional

year.

* * * * *

9. In § 319.37–8, the introductory text

of paragraph (e) and paragraphs (e)(1)

and (g) would be revised to read as

follows.

§ 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

(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 § 319.37–9, the list of approved

packing material would be amended by

adding, in alphabetical order, a new

entry to read as follows:

§ 319.37–9 Approved packing material.

* * * * *

Stockosorb superabsorbent polymer.

* * * * *

11. Section § 319.37–13 would be

amended as follows:

67134 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Proposed Rules

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:

§ 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.

§ 319.37–14 [Amended]

15. In § 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

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Parts 2, 35, and 37

[Docket No. RM01–8–000]

Revised Public Utility Filing

Requirements

Issued December 20, 2001.

AGENCY: Federal Energy Regulatory

Commission (Commission), DOE.

ACTION: Order seeking comments on

proposed data sets.

SUMMARY: As contemplated in the notice

of proposed rulemaking issued by the

Federal Energy Regulatory Commission

(Commission) earlier in this proceeding,

Revised Public Utility Filing

Requirements, (66 FR 40929), FERC

Stats. & Regs. ¶ 32,554 (2001) (NOPR),

this order invites comment on a

proposed set of uniform data elements

for public utilities’ quarterly electronic

filings that would accompany the final

rule. Uniform data sets are necessary to

ensure that the requested data is

reported in a consistent, informative

manner by all reporting public utilities.

DATES: Written comments must be

received by the Commission by January

28, 2002.

ADDRESSES: Office of the Secretary,

Federal Energy Regulatory Commission,

888 First Street, NE., Washington, DC

20426.

FOR FURTHER INFORMATION CONTACT:

H. Keith Pierce (Technical Information),

Office of Markets, Tariffs, and Rates,

Federal Energy Regulatory

Commission, 888 First Street, NE.,

Washington, DC 20426, (202) 208–

0525

Barbara D. Bourque (Information

Technology Information), Office of

Markets, Tariffs, and Rates, Federal

Energy Regulatory Commission, 888

First Street, NE., Washington, DC

20426, (202) 208–2338

Gary D. Cohen (Legal Information),

Office of the General Counsel, Federal

Energy Regulatory Commission, 888

First Street, NE., Washington, DC

20426 (202) 208–0321

SUPPLEMENTARY INFORMATION:

Before Commissioners: Pat Wood, III,

Chairman; William L. Massey, Linda

Breathitt, and Nora Mead Brownell.

Order Seeking Comments on Proposed

Data Sets

Issued December 20, 2001.

I. Background

On July 26, 2001, the Commission

issued a notice of proposed rulemaking

in this proceeding, Revised Public

Utility Filing Requirements, 66 FR

40929, FERC Stats. & Regs. ¶ 32,554

(2001) (NOPR), proposing to revise the

Commission’s filing requirements for

public utilities. The Commission is

currently engaged in reviewing the

comments filed in response to the

NOPR.

Among other matters, the NOPR

stated that ‘‘[l]ater in this rulemaking

process, we plan to conduct further

proceedings to develop the instruction

manual to be used to make Index of

Customer filings, which will define the

data elements to be included in Index of

Customers filings.’’ Uniform data sets

are necessary to ensure that required

data are reported in a consistent,

informative manner by all reporting

public utilities.

As explained in the NOPR, the

Commission is considering requiring

public utilities to make quarterly

electronic filings when we issue a final

rule in this proceeding. As explained in

the text of proposed § 35.10b, the filing

requirements would pertain to every

jurisdictional electric service, under

part 35 of the Commission’s regulations,

18 CFR Part 35, that was effective some

time during the reporting quarter. In this

order, we invite comment on a proposed

set of uniform data elements for public

utilities’ quarterly electronic filings that

would accompany the final rule.

II. Discussion

A. Suggestion To Postpone Action on

Proposed Rulemaking Pending

Completion of Comprehensive Review of

Market Monitoring Information

As explained above, we are currently

engaged in reviewing the comments

filed in response to the NOPR and, with

one exception, will not address those

comments here. The exception is the

issue raised in some comments to the

NOPR that the Commission should

postpone action on the proposals in the

NOPR pending completion of the

Commission’s comprehensive review of

the information needed by the

Commission for market monitoring

purposes.

This argument maintains that, if the

Commission’s comprehensive review of

market monitoring information

concludes that the transactional data

proposed in the NOPR to be reported in

Index of Customers filings are later

found to be unnecessary, then issuance

of a final rule requiring the electronic

filing of that information (and posting of

that information on a website) would

result in public utilities incurring

unnecessary expenses to establish

procedures to collect and report these

data. The same commenters also argue

that it would be wasteful to force public

utilities to design and implement

procedures to report transactional data

for market monitoring purposes, merely

to have those reporting requirements

withdrawn, once the Commission

completes its review of needed market

monitoring information.

We find these arguments without

merit because, although the Commission

has not completed its comprehensive

review of market monitoring data, we

believe that the information proposed to

be reported would be the minimum

needed for market monitoring purposes,

even if we later determine that

additional data also will be necessary.

Moreover, as we noted in the NOPR, we