In Sec. 319.377, paragraph (g) contains a definition of State that applies to that section. This definition is substantively identical to the definition proposed above, which would apply to Sec. Sec. 319.371 through 319.3714. Accordingly, we are also proposing to remove Sec. 319.377(g).

Definitions of Restricted Article and Regulated Plant

The Plant Protection Act definition of plant that we are proposing to add to the nursery stock regulations would include plants that are not regulated by the nursery stock regulations, such as nonvascular plants and noxious weeds. Accordingly, we would also add a new definition of regulated plant to list the plants regulated in the nursery stock regulations. We are also proposing to amend the definition of restricted article to refer to the proposed definition of [[Page 74217]]
regulated plant and to correct editorial errors in the definition.

The proposed definition of regulated plant would read: ``Any gymnosperm, angiosperm, fern, or fern ally. Gymnosperms include cycads, conifers, and gingko. Angiosperms include any flowering plant. Fern allies include club moss, horsetail, whisk fern, spike moss, and quillwort.'' This definition encompasses all the plants regulated by the nursery stock regulations.
(Note: We published an advance notice of proposed rulemaking for revising the nursery stock regulations on December 10, 2004. At a public meeting on May 25, 2005, that solicited comments regarding certain issues discussed in the advance notice of proposed rulemaking, we specifically solicited comments on whether we should expand the range of plants APHIS currently regulates in the nursery stock regulations to include nonvascular plants, such as green algae. We are continuing to consider the responses we received regarding this issue, but since we have not yet decided whether to regulate nonvascular plants, we are proposing a definition of regulated plant that includes only the plants APHIS currently regulates under the nursery stock regulations. If we eventually determine that it is necessary to regulate nonvascular plants, we will update the definition of regulated plant in a future

rulemaking.)

The definition of restricted article currently reads ``Any class of nursery stock or other class of plant, root, bulb, seed, or other plant product, for or capable of propagation, excluding any prohibited articles listed in Sec. 319.372 (a) or (b) of this subpart, excluding any articles subject to any restricted entry orders in 7 CFR part 321 (i.e., potatoes), and excluding any articles regulated in 7 CFR 319.8 through 319.24 or 319.41 through 319.747.'' We are proposing to amend this definition so that it specifically includes only regulated plants, as defined above. In addition, the reference to Sec. 319.747 in the current definition would be changed to Sec. 319.744, because the sections that had followed Sec. 319.744 were removed in a final rule effective and published in the Federal Register on September 25, 1997 (62 FR 5022950231, Docket No. 950822). We would also delete the reference to 7 CFR part 321, as the restrictions on the importation of potatoes that had been located in 7 CFR part 321 were moved into the nursery stock regulations in a final rule published in the Federal Register on September 25, 1997 (62 FR 5023750239, Docket No. 970102) and effective on October 27, 1997. We would change the citation ``319.24'' to read ``319.245,'' to indicate that all the sections in the corn diseases subpart are included in that range. Finally, we would indicate that articles regulated by the noxious weeds regulations in 7 CFR part 360 are excluded from the definition, since they are regulated separately from nursery stock.

Thus, the proposed definition of restricted article would read: ``Any class of nursery stock or other regulated plant, root, bulb, seed, or other plant product, for or capable of propagation, excluding any prohibited articles listed in Sec. 319.372(a) or (b) of this subpart, and excluding any articles regulated in Sec. Sec. 319.8 through 319.245 or 319.41 through 319.744 and any articles regulated under part 360 of this chapter.'' These changes would update the regulations and make them more consistent.

Rubus spp. From Europe

We are proposing to add articles of Rubus spp. from Europe not meeting the conditions for importation in Sec. 319.375(f) to the list of prohibited articles found in the table in Sec. 319.372(a). In Sec. 319.375, paragraph (f) requires that Rubus spp. from Europe must be accompanied at the port of first arrival in the United States by a phytosanitary certificate containing an additional declaration that the articles have been found by the plant protection service of the country of origin to be free of Rubus stunt agent, based on visual examination and indexing of the parent stock. Rubus stunt agent affects the yield, vitality, and quality of plants of the genus Rubus, which include raspberry and blackberry. Although it is primarily transmitted along insect vectors, the disease can be transmitted through propagative material.

If articles of Rubus spp. from Europe are not accompanied by a phytosanitary certificate with the above additional declaration at the port of first arrival in the United States, they should be denied entry to prevent the possible introduction of this disease. However, nothing in the regulations as they now stand specifically prohibits the importation of Rubus spp. from Europe that are not accompanied by the phytosanitary certificate required in Sec. 319.375(f). To correct this oversight, we are proposing to add articles of Rubus spp. from Europe that do not meet the conditions for importation in Sec. 319.37 5(f) of the regulations to the list of prohibited articles. Prohibiting imports of Rubus spp. from Europe that are not accompanied by a phytosanitary certificate with the proper additional declaration would help to ensure that Rubus stunt agent is not introduced into the United States.

Plants In Vitro

We are proposing to remove several restrictions on plants in vitro. The IPPC's 2002 Glossary of Phytosanitary Terms defines plants in vitro as ``plants in an aseptic medium in a closed container.'' Such plants are minimally exposed to plant diseases and pests that may exist in the area surrounding its nursery of origin. Plants in vitro have been found to pose an extremely low risk of introducing plant pests into the United States. We believe, therefore, that several restrictions currently in place on the importation of plants in vitro are now unnecessary. Thus:

To accomplish these changes, we would add a definition of plants in vitro to the regulations in Sec. 319.371. The definition would be identical to the IPPC definition quoted above. We would also remove the reference in paragraph (a)(5) of Sec. 319.373 to ``sterile cultures of orchid plants,'' as these qualify as plants in vitro, and we would correct the paragraph to indicate that seeds and bulbs whose importation is otherwise prohibited or restricted by the
[[Page 74218]]

regulations are not exempt from the permit requirement.

In a related matter, we are also proposing to amend Sec. 319.37 8(c) of the regulations, which states: ``A restricted article growing solely in agar or in other transparent or translucent tissue culture medium may be imported established in such growing media.'' We are proposing to remove the requirement that the growing medium be transparent or translucent in order to allow the use of charcoal in the growing medium. Charcoal is commonly used by importers of plants in vitro as a detoxifying agent; if it is used as an additive in growing media, it will still be easy to determine whether the growing media meets the aseptic standard prescribed in the definition of plants in vitro, because any bacteria in the growing media would quickly reproduce and form a large mass. Therefore, we would revise this paragraph to simply read: ``Plants in vitro may be imported in their growing media.''

Removing these restrictions would make plants in vitro generally admissible without restrictions, providing U.S. importers of plants in vitro with greater flexibility without increasing the risk of plant pest introduction into the United States.

Genus and Species Name on Phytosanitary Certificates

The regulations in Sec. 319.374(a) currently require that any restricted article offered for importation into the United States be accompanied by a phytosanitary certificate of inspection, with certain exceptions. We are proposing to additionally require that the phytosanitary certificate include the genus and species name of the restricted article that it accompanies.

The IPPC's Guidelines for Phytosanitary Certificates (ISPM publication number 12) state that phytosanitary certificates ``should identify plants and plant products using accepted scientific names, at least to genus level but preferably to species level.'' Having the genus and species name available would allow inspectors to easily identify restricted articles presented for importation and thus better assess any risks that may be associated with their importation. It could also result in savings for importers, as eliminating the need for inspectors to make a species identification of restricted articles offered for importation could allow their shipments to be processed more quickly and rejected less frequently.

For example, the regulations in Sec. 319.375(b) allow the importation of Prunus spp. that are immune to plum pox virus under different conditions than the importation of species that are not immune to the virus. When an article of Prunus spp. is inspected at the port of entry, it can be difficult to determine whether the article is from a species that is resistant to plum pox. As a result, inspectors often must spend significant amounts of time making that determination, which can cause a delay in releasing the article. If the inspector cannot make such a determination, the shipment of Prunus spp. must be rejected. Requiring that both the genus and species name be listed on the phytosanitary certificate offered for importation would eliminate both the burden that making a species determination imposes on inspectors and the costs that delayed or rejected shipments impose on importers.

In addition, requiring that phytosanitary certificates include the genus and species names of the restricted articles that they are accompanying would allow APHIS to collect data from phytosanitary certificates about the number, size, and volume of imports of nursery stock into the United States. Currently, we lack such data, which can make it difficult to accurately assess the potential impact of any changes we may consider making to the nursery stock regulations. Collecting genus and species data from phytosanitary certificates could enable us to promulgate regulations that take into account the current importation of nursery stock more completely.

Phytosanitary Certificates for Bulbs From the Netherlands

We are also proposing to amend paragraph Sec. 319.374(a) of the regulations to allow small individual shipments of bulbs from the Netherlands to enter with a special certificate related to a phytosanitary certificate. The special certificate would list a serial number that would refer to a phytosanitary certificate held by the national plant protection organization of the Netherlands. The special certificate would also list the scientific name of the bulb, the bulbs' country of origin, and an expiration date after which the special certificate could no longer be used in lieu of a phytosanitary certificate. The expiration date would be 4 weeks after the issuance of the phytosanitary certificate held by the national plant protection organization of the Netherlands.

Commercial shipments of bulbs from the Netherlands must be precleared for entry into the United States by a PPQ inspector. In addition, under Sec. 319.375(a), all bulbs imported from the Netherlands must be accompanied by a phytosanitary certificate with an additional declaration that the bulbs offered for importation were grown on land that has been sampled and microscopically inspected by the plant protection organization of the Netherlands and found to be free from the potato cyst nematodes Globodera rostochiensis (Woll.) Behrens and G. pallida (Stone) Behrens within the past 12 months.

The proposed special certificate would accompany small individual shipments of bulbs. Typically, these shipments are brought to the United States from the Netherlands by individuals carrying the bulbs in their luggage. These shipments are not precleared by APHIS, but must be cleared at the port of entry; the preclearance process and the clearance process at the port of entry involve the same steps and provide equivalent phytosanitary security. Currently, bulbs that come to the United States in that manner must be accompanied by a phytosanitary certificate with the additional declaration described above; if they do not have the phytosanitary certificate, they are confiscated upon arrival in the United States.

The special certificate we are proposing would be easier for individuals to obtain than a full phytosanitary certificate while providing the same assurance that the bulbs are free of golden nematode and potato cyst nematode. The clearance process at the port of entry would continue to serve as an additional mitigation against the risk of introduction of nematodes into the United States. Using this certificate, individuals would be able to import small shipments of bulbs from the Netherlands into the United States more easily without compromising phytosanitary safeguards.

Importation of Certain Seeds From Canada

We are proposing to add a new paragraph (d) to Sec. 319.374 of the regulations to allow seed exported from Canada that meets certain conditions to be imported into the United States without a phytosanitary certificate.

To be eligible for this exemption, Canadian exporters of seed would have to register with and participate in a seed export program that would be established by the Canadian Food Inspection Agency (CFIA). CFIA would assign each exporter that registers with the program an establishment identification number. CFIA would provide a list of establishment identification numbers, along with the
[[Page 74219]]
names, locations, and telephone numbers of the establishments to which the identification numbers correspond, to APHIS before the start of the seed shipping season and regularly throughout the shipping season.

Participants in the seed export program would be required by CFIA to demonstrate that shipments of seed can be traced back to their original seed lots and seed testing records; demonstrate that seed that does not meet U.S. standards is consistently separated from seed that does; implement quality assurance systems at the production facility, with a descriptive manual available for review by CFIA; submit to annual audits of the quality assurance system; and implement any other necessary safeguards.

Certain documents would be required in lieu of a phytosanitary certificate for Canadian exporters participating in CFIA's seed export program.

Currently, exporters of Canadian seed must provide a phytosanitary certificate as required under the regulations in Sec. 319.374 and a different set of documents as required in 7 CFR part 361. The information requirements of the two parts overlap to some extent, which results in duplicative paperwork for exporters of Canadian seed. Because of this, Canada requested that we establish this seed importation program to streamline our requirements; we reviewed the risks associated with establishing such a program and found that they were similar to the risks associated with current importations if the program operated under the controls described above. Establishing this program would eliminate duplicative paperwork requirements while continuing to ensure that seeds imported from Canada do not introduce plant pests or noxious weeds into the United States.

We are also proposing to remove all references to the ``Plant Protection Division of Agriculture Canada'' in Sec. 319.374 and replace them with references to the Canadian Food Inspection Agency to update the regulations.

At this time, we are not proposing to establish similar seed importation programs for seeds from countries other than Canada. If another country were to request that APHIS establish an importation program for seed from that country and provided data indicating that importing seed from that country under such a program would pose a risk equivalent to that associated with current importations of seed from that country, we would consider establishing such a program. Blueberry Plants From Canada

We are proposing to add a new paragraph Sec. 319.375(t) to the regulations to require that phytosanitary certificates that accompany Vaccinium corymbosum (blueberry) plants that are imported from Canada must contain an additional declaration stating that the plants are free of blueberry scorch carlavirus.

Blueberry scorch carlavirus causes blueberry scorch disease, the primary symptom of which is blighting of both flowers and new vegetative growth at peak bloom. Blighted blossoms fail to produce fruit, and infected plants in general are less vigorous than healthy plants. Bushes, once infected, may show symptoms each year. Initially, only one or few branches may have blighted flowers and leaves, but after a few years the entire bush may show symptoms.

We are proposing to require this additional declaration on the phytosanitary certificate accompanying V. corymbosum plants because virulent strains of blueberry scorch carlavirus have been found that only exist in Canada. This requirement would ensure that V. corymbosum plants imported from Canada are free of this dangerous virus while continuing to allow importation of plants that have been determined to be free of this virus.

For the reasons described above in the discussion of prohibiting the entry of articles of Rubus spp. from Europe that lack the appropriate phytosanitary certificate, we are also proposing to add V. corymbosum plants from Canada that do not meet the requirements of proposed Sec. 319.375(t) to the list of prohibited articles in Sec. 319.372(a).
Programs for Importation of Approved Plants From the Canary Islands and From Israel

We are proposing to add new paragraphs (u) and (v) to Sec. 319.37 5 to establish programs to govern the importation of approved plants from the Canary Islands of Spain and from Israel, respectively. These programs would require that growers employ several safeguards to ensure that pests present in the exporting countries are excluded from shipments of approved plants. In the case of the Canary Islands, the approved plants would be Pelargonium (geranium) spp., and the pests of concern are Helicoverpa armigera, the cotton bollworm; Chrysodeixis chalcites, the tomato looper; and Cornutiplusia circumflexa. In the case of Israel, all plants except bulbs, dormant perennials, plants in vitro, and seeds that are imported into the United States would be required to be imported under this program; the main pest of concern in Israel is Spodoptera littoralis, the Egyptian cotton leafworm, although other quarantine pests are found in Israel and must be excluded from shipments of plants imported under this program. We anticipate that most U.S. imports under these programs would be plant cuttings, which are included in the proposed definition of plant in this document.

Under this proposal, the national plant protection organization of the country of origin, the growers in the country of origin, and APHIS would jointly implement the following safeguards to ensure that quarantine pests are not present in shipments of approved plants.

The national plant protection organization of the plants' country of origin would have to issue a phytosanitary certificate of inspection that would accompany any approved plants from the country of origin. This certificate would have to contain additional declarations that the plants were produced in an approved production site, that the production site is operated by a grower participating in the export program for approved plants established by the relevant national plant protection organization, and that the plants were grown under conditions specified by APHIS to prevent infestation with the relevant quarantine pests.

[[Page 74220]]

Growers in the programs would register with, and be approved by, the national plant protection organization of their country. Growers would be required to enter into a formal agreement wherein they agree to participate in and follow the export program for approved plants established by the national plant protection organization.

Growers would be required to meet the following requirements with respect to their facilities and growing practices:

APHIS inspectors and national plant protection organization inspectors would perform the inspections described below, along with any others they may deem necessary. The inspections that would be required for plants and production sites in the Canary Islands are somewhat different from those that would be required for plants and production sites in Israel.

In the Canary Islands:

In Israel:

Growers would become ineligible for participation in the export programs and their production sites would lose approved status upon slightly different occurrences for each country:

APHIS would have the option to terminate either program if there are repeated violations of procedural or phytosanitary requirements.

The government of the country in which the approved plants are produced would also have to enter into a trust fund agreement with APHIS before each growing season. The government of the country in which the approved plants are produced or its designated representative would be required to pay in advance all estimated costs that APHIS would expect to incur through its involvement in overseeing the execution of the requirements of the certification programs described below. These costs would include administrative expenses incurred in conducting the services enumerated below and all salaries (including overtime and the Federal share of employee benefits), travel expenses (including per diem expenses), and other incidental expenses incurred by the inspectors in performing these services. (Specific provisions for making payments to these proposed trust funds may be found in the rule portion of this document.)

For the reasons described above in the discussion of prohibiting the entry of articles of Rubus spp. from Europe that lack the appropriate phytosanitary certificate, we are also proposing to add approved plants from the Canary Islands and Israel that do not meet the requirements of proposed Sec. 319.375(u)
[[Page 74221]]
and proposed Sec. 319.375(v), respectively, to the list of prohibited items in Sec. 319.372(a).

The safeguards employed in these programs, combined with the mandatory inspections of the plants at the port of first arrival in the United States, would ensure that approved plants could be safely imported into the United States from production sites in these locations.

Specific Treatment and Other Requirements

We are proposing to reorganize the regulations in Sec. 319.376 so that the information in this section is presented in a table. Section 319.376 now contains six paragraphs that are largely composed of the same text; the variations between paragraphs are found in the seeds and bulbs being treated, the countries or localities from which seeds and bulbs that must be treated originate, the pests for which the commodity must be treated, and the time at which the treatment must be performed. We believe that presenting this information in tabular form will improve the clarity and usability of the regulations.

In addition, the regulations in Sec. 319.376 provide that certain seeds and bulbs from specific foreign regions must be treated for possible infestation with various plant pests in accordance with the applicable provisions of 7 CFR part 305 at the time of importation into the United States or at the time of arrival at the port of first arrival in the United States. However, the regulations in Sec. 319.37 13(c) specify conditions under which treatments required under the regulations may be performed outside the United States. The current regulations in Sec. 319.376 do not reflect the fact that treatments of regulated articles may be administered outside the United States. Therefore, we are proposing to amend Sec. 319.376 to indicate that treatment of regulated articles may be administered outside the United States. APHIS will retain the option to require treatment within the United States of regulated articles that were treated prior to importation.

Finally, all the commodities listed in Sec. 319.376 are required to be treated either at ``the time of arrival at the port of first arrival in the United States'' or ``at the time of importation into the United States.'' These phrases are substantively equivalent. Rather than set this information out in the table and preserving the present wording of this requirement from each paragraph in this section, we are proposing to add a paragraph after the table that would indicate that any articles not treated outside the United States would have to be treated at the time of importation into the United States.

Kenaf Seed From Mexico

Under the current regulations in Sec. 319.376(a), seeds of Hibiscus spp. (Hibiscus, rose mallow) from any foreign country or locality, at the time of importation into the United States, must be treated for possible infestation with Pectinophora gossypiella (Saunders) (pink bollworm) in accordance with the applicable provisions of 7 CFR part 305.

However, the movement of untreated kenaf (Hibiscus cannabinus) seed from Mexico into pink bollworm generally infested areas of the United States (listed under our domestic pink bollworm quarantine and regulations in Sec. 301.522a, and currently the States of Arizona, New Mexico, and Texas, and several counties in California) would pose little or no risk of increasing the area of pink bollworm infestation. Under our domestic pink bollworm quarantine regulations in Sec. 301.52, these generally infested areas are quarantined to prevent the spread of pink bollworm, and Kenaf seed is a regulated article under Sec. 301.52(b) that may not be moved interstate from any quarantined State except under the conditions described in Sec. 301.523.

Therefore, we are proposing to allow kenaf seed from Mexico to be imported into pink bollworm generally infested areas in the United States without treatment. Kenaf seed from Mexico that would be imported into pink bollworm generally infested areas would be subject to inspection, and, immediately upon release, would be subject to the domestic pink bollworm quarantine regulations in Sec. Sec. 301.52 through 301.5210, SubpartPink Bollworm. This change would harmonize the requirements of our regulations on foreign material that could spread pink bollworm with those of our domestic regulations, as required under the SPS Agreement, without increasing the likelihood that pink bollworm could spread to noninfested areas of the United States.

Although kenaf seed may be imported into the United States from countries other than Mexico with the treatment currently referred to in Sec. 319.376(a), we are not proposing to allow importation of untreated kenaf seed into generally infested areas from countries other than Mexico. The available evidence indicates that pink bollworm is the only pest of concern for shipments of kenaf seed from Mexico; we do not have evidence that pink bollworm is the only pest of concern for shipments of kenaf seed from any other place. We would consider requests to allow shipments of untreated kenaf seed into generally infested areas from other countries if the available evidence indicated that pink bollworm was the only pest of concern for shipments of kenaf seed from those countries.

Postentry Quarantine Requirements for Hydrangea spp.

Under the current regulations in Sec. 319.377(a), Hydrangea spp. from Canada imported into the United States are not required to be grown under postentry quarantine conditions. However, under the current definition of from in Sec. 319.371, an article imported into Canada from another country or locality that is subject to postentry quarantine requirements is considered to be solely from Canada if it was grown in Canada under postentry growing conditions equivalent to those specified in Sec. 319.377 and meets certain other conditions. The term ``equivalent,'' as it is used here, refers not to the specific postentry quarantine conditions imposed but their effectiveness at reducing the risk of pest introduction.

CFIA requires that Hydrangea spp. imported into Canada from another country or locality be grown in Canada under postentry growing conditions for 9 months. We do not currently recognize Canada's 9month postentry growing period for Hydrangea spp. to be as effective at reducing pest risk as the postentry quarantine conditions specified in Sec. 319.377 that apply to the importation of Hydrangea spp. from all countries except Canada and Japan, because the regulations in that section specify that all plants required to be grown in postentry quarantine, including Hydrangea spp. from all countries except Canada and Japan, must be grown in postentry quarantine conditions for 2 years after the time of importation into the United States. Therefore, Hydrangea spp. from another country or locality that are grown in Canada are not considered to be from Canada and are subject to the postentry quarantine requirements in Sec. 319.377. (The proposed revision of the definition of from described above would not change this, as that definition would require that Hydrangea spp. be grown in conditions we recognize as equivalent to those conditions under which they would be grown if imported directly into the United States.)

CFIA has recently requested that we add specific provisions for postentry quarantine growing agreements for plants of Hydrangea spp. to Sec. 319.377(d) that would effectively reduce the postentry quarantine period for
[[Page 74222]]
Hydrangea spp. from 2 years to 9 months. This request was reviewed by U.S. Department of Agriculture plant pathologists, with particular attention to the biology of the pest of concern, Aecidium hydrangeae paniculatea. Their review of the available scientific evidence found that 9 months is an adequate amount of time to allow detectable symptoms of the disease to express themselves if the disease is present, which is the purpose of postentry quarantine.

Therefore, we are proposing to add a new provision in Sec. 319.37 7(d)(7)(ii) that would require importers of Hydrangea spp. from all countries and localities except Canada and Japan who are operating under a postentry quarantine agreement to grow any article of Hydrangea spp. or increase therefrom for a period of 9 months after the importation of the plants. (Hydrangea spp. from Japan would continue to be prohibited from being imported or offered for entry into the United States under Sec. 319.372(a).) With this proposed change, Canada's 9 month postentry growing period for Hydrangea spp. would be equivalent to the postentry growing conditions that would be specified in Sec. 319.377; therefore, Hydrangea spp. from another country or locality that are grown in postentry quarantine in Canada would be considered to be from Canada and would not be required to be grown under postentry quarantine conditions after they are imported into the United States. (While the current definition of from indicates that a restricted article can be considered to be from Canada only after it is grown in Canada for 1 year, the proposed amendments of the definition of from, discussed earlier in this proposed rule, would eliminate that restriction, leaving the 9month postentry quarantine period as the only restriction on the importation of Hydrangea spp. from Canada.)

The proposed change would relieve a restriction on the importation of Hydrangea spp. into the United States that does not appear to be necessary.
Postentry Quarantine Requirements for Chrysanthemum spp., Dendranthema spp., Leucanthemella serotina, and Nipponanthemum nipponicum

The regulations in Sec. 319.377(a) designate as restricted articles any articles of Chrysanthemum spp., Dendranthema spp., Leucanthemella serotina, and Nipponanthemum nipponicum that meet the conditions for importation in Sec. 319.375(c) and that are imported from any foreign locality except Argentina, Brazil, Canada, Canary Islands, Chile, Columbia, Europe, Republic of South Africa, Uruguay, Venezuela, and all countries, territories and possession of countries located in part or entirely between 90[deg] and 180[deg] East longitude. Articles designated as restricted articles in Sec. 319.37 7(a) must be grown in postentry quarantine under the conditions described in paragraphs (c) and (d) of Sec. 319.377. Paragraph (d)(7)(ii) currently requires that any restricted articles of Chrysanthemum spp., Dendranthema spp., Leucanthemella serotina, and Nipponanthemum nipponicum be grown in postentry quarantine for a period of 6 months. We are proposing to reduce this postentry quarantine growing period to 2 months if the restricted articles are grown in accordance with the requirements of an APHISapproved best management practices program.

The pest of concern with regard to imported articles of Chrysanthemum spp., Dendranthema spp., Leucanthemella serotina, and Nipponanthemum nipponicum is chrysanthemum white rust (CWR). CWR is caused by Puccinia horiana Henn., a filamentous fungus and obligate parasite. CWR is not established in the United States and is a disease of quarantine significance. This disease has the potential to be extremely damaging to the commercial horticulture and florist industries if it becomes established in greenhouses within the United States. The postentry quarantine for articles of Chrysanthemum spp., Dendranthema spp., Leucanthemella serotina, and Nipponanthemum nipponicum is intended to allow symptoms of the disease, if it is present, to express themselves, so that any restricted articles that might be affected with CWR can be prevented from entering U.S. commerce.

PPQ's Center for Plant Health Science and Technology has reviewed the available evidence regarding the time within which CWR will express symptoms. Although substantial evidence indicates that articles affected with CWR will express symptoms within 2 months, meaning that 2 months would be an adequate postentry quarantine period for these articles, not all the available evidence confirms that. We are proposing to reduce the postentry quarantine period for restricted articles of Chrysanthemum spp., Dendranthema spp., Leucanthemella serotina, and Nipponanthemum nipponicum to 2 months only if the articles are grown in accordance with the requirements of an APHIS approved best management practices program.

Best management practices programs for these articles would be designed to ensure that CWR, if it is present on these articles when they are imported into the United States, is not introduced to the wider environment. A best management program would include several basic elements, including:

We would evaluate best management programs for their effectiveness at ensuring that any CWR that might be present on these articles would not be introduced into the wider environment.

This change would reduce the cost of postentry quarantine for importers of those restricted articles while continuing to protect against the introduction of CWR into the United States.

Plants in Growing Media From Certain Areas in Canada

We are proposing to amend Sec. 319.378(b) of the regulations to allow the importation of restricted articles in growing media from two areas in Canada from which such importation is currently prohibited if those articles are grown under certain conditions. Paragraph (b) of Sec. 319.378 allows the importation of restricted articles from Canada in any growing medium, except restricted articles from Newfoundland or from that portion of the Municipality of Central Saanich in the Province of British Columbia east of the West Saanich Road. Restricted articles from these areas may not enter in growing media because of the presence of potato cyst nematodes (G. rostochiensis and G. pallida) in those parts of Canada.

We have determined that restricted articles that are grown in approved growing media and are isolated in such a manner as to prevent the restricted articles from being infested with potato cyst nematodes may be imported safely into the United States from these areas. Therefore, we are proposing to allow the importation of restricted articles in approved growing media from these areas in Canada if the phytosanitary certificate accompanying the articles
[[Page 74223]]
contains an additional declaration. (Production sites in the area of Canada where potato cyst nematodes are present are not eligible to participate in the Canadian greenhousegrown plants program in Sec. 319.374(c) due to the presence of the potato cyst nematodes, so all articles imported into the United States from these production sites are required to be accompanied by a phytosanitary certificate under Sec. 319.374(a).) The additional declaration would have to state that the restricted articles were produced in a production site approved by the national plant protection organization of Canada as capable of isolating the plants from potato cyst nematode infestation and that the restricted articles were isolated from potato cyst nematode infestation throughout their production. Allowing the importation of restricted articles from these areas under the conditions described above would give importers flexibility while continuing to protect against the introduction of potato cyst nematodes into the United States. Additions to the List of Approved Growing Media

We are proposing to add unused clay pots and new wooden baskets to the list of growing media approved for epiphytic plants found in Sec. 319.378(d). Such media are used by many nurseries. We are proposing these additions at the request of importers. We believe that unused clay pots and new wooden baskets would be as safe as the current approved growing media.

Federal Plant Inspection Stations and Other Ports of Entry

Under the current regulations in Sec. 319.3714(a), restricted articles of nursery stock, plants, roots, bulbs, seeds, and other plant products that are not required to be imported under a written permit pursuant to Sec. 319.373(a)(1) through (a)(6) may be imported or offered for importation at any of the ports of entry listed in Sec. 319.3714(b) or at any Customs designated port of entry on the United StatesCanada border. A complete list of Customs designated ports of entry can be found in 19 CFR part 101.

Restricted articles of nursery stock, plants, roots, bulbs, seeds, and other plant products required to be imported under a written permit pursuant to Sec. 319.373(a)(1) through (a)(6) must be imported or offered for importation only at plant inspection stations, which are ports with special inspection and treatment facilities. Plant inspection stations are listed and designated by an asterisk in Sec. 319.3714(b). We are proposing to revise Sec. 319.3714 and related regulations in 7 CFR part 330 to relieve unnecessary restrictions on the entry of regulated articles and to make the regulations easier to use.

First, the list of ports of entry in Sec. 319.3714(b) does not include all current plant inspection stations. We are therefore proposing to make the necessary updates to this list. This includes removing the entry for the plant inspection stations that were in Brownsville, TX, and Hoboken, NJ, and updating the addresses for some plant inspection stations.

We are also proposing to add a new entry for a plant inspection station in New Jersey. In order to be designated as a plant inspection station, a building must have adequate space for inspection areas to be set up, laboratory facilities for pest and disease identification, provide easy access by shipments for inspection, and, in most cases, contain various treatment facilities. We have determined that the facility in Linden, NJ, satisfies the criteria for designation as a plant inspection station.

Furthermore, it is not necessary to list ports of entry other than plant inspection stations in Sec. 319.3714(b). APHIS can handle, either through direct staffing or through cooperation with the Department of Homeland Security's Bureau of Customs and Border Protection, imports of restricted articles that are not required to be imported with a permit at any Customs designated port of entry, though there may be exceptions in the future. Therefore, we are proposing to amend the regulations to indicate that restricted articles not required to be imported under a written permit pursuant to Sec. 319.373(a)(1) through (a)(6) may be imported or offered for importation at any Customs designated port of entry indicated in our regulations in 7 CFR 330.104.

Section 330.104 contains the general provisions for ports of entry that apply to 7 CFR chapter III. We are proposing to amend these provisions as well. Under Sec. 330.104, ports of entry for articles regulated under 7 CFR chapter III shall be selected by the Deputy Administrator from ports named in 19 CFR part 1.2 as ``ports of entry'' or 19 CFR part 6.13 as ``international airports.'' However, 19 CFR parts 1.2 and 6.13 have been removed and, as previously noted, the complete list of Customs designated ports of entry is now contained in 19 CFR part 101.3(b)(1). Therefore, to update the regulations in Sec. 330.104, we are proposing to remove all references to 19 CFR parts 1.2 and 6.13 in 7 CFR chapter III and to add references to 19 CFR part 101.3(b)(1) in their place.

As mentioned above, though APHIS can currently handle imports of restricted articles that are not required to be imported with a permit at any Customs designated port of entry, there may be exceptions in the future. Therefore, we are also proposing to add to Sec. 330.104 a list of exceptions to the ports of entry in 19 CFR part 101.3(b)(1) that will indicate those ports of entry through which articles regulated under 7 CFR chapter III may not be imported. This list would be blank as of the publication of this proposed rule, but we would update the list as necessary.

These changes would eliminate the need to list the ports of entry that are not plant inspection stations in Sec. 319.3714. Therefore, we are proposing to remove those ports of entry that are not plant inspection stations from the list in that section. We would further amend Sec. 319.3714 to list the remaining Federal plant inspection stations in the form of a table, for easier reference.

Under the current regulations in Sec. 319.3714, any restricted article from Canada that is not required to be imported under a written permit pursuant to Sec. 319.373(a)(1) through (a)(6) may be imported at any port of entry listed in Sec. 319.3714(b), or at any Customs designated port of entry on the United StatesCanada border. However, for the reasons discussed above, we are proposing to allow restricted articles that are not required to be imported with a permit to be imported at any Customs designated port of entry with limited exceptions that would be listed in Sec. 330.104. Therefore, we are also proposing to remove the provisions in Sec. 319.3714(b) regarding restricted articles from Canada, because they would no longer be necessary.

The current regulations in Sec. 319.3714 provide that any restricted article of nursery stock that is required to be imported under a written permit must be imported or offered for importation only at a plant inspection station. However, articles that are required to be imported under a written permit and that have been precleared or treated in the country of export have already fulfilled the necessary conditions for importation into the United States; because they have fulfilled these conditions, they do not need to pass through special inspection and treatment facilities at plant inspection stations, but rather can enter U.S. commerce freely after being released from the port of entry by an inspector. Therefore, we are proposing to add a provision in Sec. 319.3714 stating that
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restricted articles that are required to be imported under a written permit and that have been precleared or treated in the country of export may enter through any Customs designated port of entry, including any ports that might in the future be excepted in Sec. 330.104, since it will be unnecessary to ensure that APHIS has a staffing presence in place at ports that receive these articles.

To reflect the proposed changes to Sec. 319.3714, we are also proposing to update references to the section that appear in 7 CFR parts 319, 322, and 340.

Editorial Changes

We are proposing to replace certain country names in the regulations to reflect geopolitical changes. Specifically, we would replace references to Czechoslovakia with references to the Czech Republic and Slovakia; replace references to the Federal Republic of Germany and the German Democratic Republic with references to Germany; replace references to the Union of Soviet Socialist Republics with references to Armenia, Azerbaijan, Belarus, Estonia, Georgia, Latvia, Lithuania, Kazakhstan, Kyrgyzstan, Republic of Moldova, Russian Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan; and replace references to Yugoslavia with references to Croatia, Serbia and Montenegro, and Slovenia. These changes would update the regulations.

The definition of bulbs in Sec. 319.371 refers to a single article. We are proposing to change the defined term to bulb so that the definition refers consistently to a single article.

Paragraph (c)(2) of Sec. 319.372 contains a reference to the Plant Germplasm Quarantine Center, Building 320, Beltsville Agricultural Research Center East, Beltsville, MD 20705. This center has been renamed the National Plant Germplasm Inspection Station and is located in Building 580 of the Beltsville Agricultural Research Center. We are proposing to correct this address to update the regulations. T

FOR FURTHER INFORMATION CONTACT

Dr. Arnold T. Tschanz, Senior Import Specialist, Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 207371236; (301) 7345306.