Cut Flowers From Countries With Chrysanthemum White Rust, 39194-39199 [05-13313]

Download as PDF 39194 Proposed Rules Federal Register Vol. 70, No. 129 Thursday, July 7, 2005 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. DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. 03–016–1] Cut Flowers From Countries With Chrysanthemum White Rust Animal and Plant Health Inspection Service, USDA. ACTION: Proposed rule. AGENCY: SUMMARY: We are proposing to amend the cut flowers regulations to establish specific requirements for the importation of cut flowers that are hosts of chrysanthemum white rust (CWR) from countries where the disease is known to occur. We are also proposing to amend the nursery stock regulations to update lists of countries where CWR is known to occur. We are proposing these changes in order to make our cut flowers and nursery stock regulations consistent. This action is necessary because of numerous recent findings of CWR on cut flowers from Europe that pose a risk of introducing CWR in the United States. DATES: We will consider all comments that we receive on or before September 6, 2005. ADDRESSES: You may submit comments by any of the following methods: • EDOCKET: Go to https:// www.epa.gov/feddocket to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once you have entered EDOCKET, click on the ‘‘View Open APHIS Dockets’’ link to locate this document. • Postal Mail/Commercial Delivery: Please send four copies of your comment (an original and three copies) to Docket No. 03–016–1, Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737–1238. VerDate jul<14>2003 16:01 Jul 06, 2005 Jkt 205001 Please state that your comment refers to Docket No. 03–016–1. • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the instructions for locating this docket and submitting comments. Reading Room: 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. Other Information: You may view APHIS documents published in the Federal Register and related information on the Internet at https:// www.aphis.usda.gov/ppd/rad/ webrepor.html. FOR FURTHER INFORMATION CONTACT: Ms. Sharon Porsche, Import Specialist, Commodity Import Analysis and Operation, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737– 1231; (301) 734–5281. SUPPLEMENTARY INFORMATION: Background The regulations in 7 CFR part 319 prohibit or restrict the importation of plants, plant parts, and related materials to prevent the introduction of plant pests and noxious weeds into the United States. The regulations in ‘‘Subpart-Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant Products,’’ §§ 319.37 through 319.37–14 (referred to below as the nursery stock regulations) restrict, among other things, the importation of living plants, plant parts, and seeds for propagation. Conditions governing the importation of cut flowers into the United States are contained in ‘‘Subpart—Cut Flowers’’ (§§ 319.74–1 through 319.74–4, referred to below as the cut flowers regulations). Puccinia horiana Henn., a filamentous fungus and obligate parasite, is the causal agent of chrysanthemum white rust (CWR). CWR is a serious disease in nurseries, where it may cause complete loss of glasshouse chrysanthemum crops. The disease is indigenous to Japan, where it was noted in 1895, and it remained confined to China and Japan until 1963. However, since 1964, P. horiana has spread PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 rapidly on infected imported cuttings and is now established in Europe, Africa, Australia, Central America, South America, and the Far East. CWR is not established in the United States and is a regulated pest for the United States. 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. Section 319.37–2 of the nursery stock regulations prohibits the importation of CWR-susceptible plant species from countries where the disease is established. CWR was detected and eradicated in California in 1991; since then, there have been repeated incidents of CWR in several coastal California counties. There were also CWR outbreaks in commercial nurseries in New Jersey, Oregon, and Washington between 1995 and 1997 and in dooryard or hobbyist plantings in New York and New Jersey in 1997. Whenever CWR has been detected in the United States, it has been eradicated through immediate and cooperative action by Federal and State officials. Plants for planting as well as cut flowers that are hosts can be a pathway for the introduction of CWR. Detections of CWR on cut flowers from Mexico and Venezuela, countries where the disease occurs, prompted APHIS to place administrative restrictions on cut flowers of CWR hosts from those countries because, in many cases, those cut flowers had been determined to be the pathway for the incursion of CWR into the United States. These restrictions are: (1) Cut flowers that are hosts of CWR are prohibited entry from Venezuela, (2) cut flowers that are hosts of CWR from Mexico are allowed entry into the United States if they are accompanied by a phytosanitary certificate issued by Mexico’s national plant protection organization with an additional declaration that the shipment originated from an approved grower. The boxes and/or paperwork accompanying a shipment from Mexico must also be marked or stamped with the name of the approved grower. Numerous findings of CWR on cut flowers from the Netherlands in 2003 prompted us to place administrative restrictions on certain cut flowers from the Netherlands also. These restrictions require cut flowers that are hosts of E:\FR\FM\07JYP1.SGM 07JYP1 Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Proposed Rules CWR from the Netherlands be allowed entry into the United States if they are accompanied by a phytosanitary certificate issued by the Netherlands. This certificate must contain an additional declaration stating that the place of production as well as the consignment have been inspected and found free of Puccinia horiana. Because of these findings from the Netherlands and the risk of introducing CWR posed from other countries where the disease is known to occur, we are proposing to establish new entry requirements for cut chrysanthemums from all regions where CWR is known to occur. Studies have shown that the following flowers are hosts of CWR (the studies cited are footnoted at the end of the table): Accepted name of susceptible species Synonyms Chrysanthemum arcticum L.1 ..................... Arctanthemum arcticum (L.) Tzvelev and Dendranthema arcticum (L.) Tzvelev. Chrysanthemum indicum L. var. boreale Makino and Dendranthema boreale (Makino) Ling ex Kitam. Dendranthema indicum (L.) Des Moul. Dendranthema japonense (Nakai) Kitam. and Dendranthema occidentali-japonense Kitam. Chrysanthemum makinoi Matsum. & Nakai and Dendranthema japonicum (Makino) Kitam. Anthemis grandiflorum Ramat., Anthemis stipulacea Moench, Chrysanthemum sinense Sabine ex Sweet, Chrysanthemum stipulaceum (Moench) W. Wight, Dendranthema ×grandiflorum (Ramat.) Kitam., Dendranthema ×morifolium (Ramat.) Tzvelev, and Matricaria morifolia Ramat. Ajania pacifica (Nakai) K. Bremer & Humphries and Dendranthema pacificum (Nakai) Kitam. Ajania shiwogiku (Kitam.) K. Bremer & Humphries and Dendranthema shiwogiku (Kitam.) Kitam. Dendranthema yoshinaganthum (Makino ex Kitam.) Kitam. Chrysanthemum arcticum subsp. maekawanum Kitam, Chrysanthemum arcticum var. yezoense Maek. [basionym], Chrysanthemum yezoense Maek. [basionym], Dendranthema yezoense (F. Maek.) D. J. ´ N. Hind, and Leucanthemum yezoense (Maek.) A ¨ ¨ Love & D. Love. Chrysanthemum sibiricum Turca. ex DC., nom. inval., Dendranthema zawadskii (Herbich) Tzvelev, and Dendranthema zawadskii var. zawadskii. Chrysanthemum serotinum L., Chrysanthemum uliginosum (Waldst. & Kit. ex Willd.) Pers., and Pyrethrum uliginosum (Waldst. & Kit. ex Willd.). Chrysanthemum nipponicum (Franch. ex Maxim.) Matsum. and Leucanthemum nipponicum Franch. ex Maxim. Chrysanthemum boreale (Makino) Makino1,2. Chrysanthemum indicum L.1,2,3 ................. Chrysanthemum japonense Nakai1,2 ......... Chrysanthemum japonicum Makino1,2 ....... Chrysanthemum ×morifolium Ramat.2,4 ..... Chrysanthemum pacificum Nakai1 ......... Chrysanthemum shiwogiku Kitam1 ............ Chrysanthemum yoshinaganthum Makino ex Kitam2. Chrysanthemum zawadskii and Herbich subsp. yezoense (Maek.) Y. N. Lee1. Chrysanthemum zawadskii and Herbich subsp. zawadskii 1. Leucanthemella serotina (L.) Tzvelev 3 ...... Nipponanthemum nipponicum (Franch. ex Maxim) Kitam 2. 1 Water, 39195 Common name Arctic chrysanthemum and arctic daisy. Nojigiku. Ryuno-giku. Florist’s chrysanthemum, themum, and mum. chrysan- Iso-giku. Shio-giku. Giant daisy or high daisy. Nippon daisy or Nippon-chrysanthemum. J.K. ‘‘Chrysanthemum White Rust,’’ EPPO Bulletin, No. 11, pp. 239–242 (1981). N. ‘‘Three species of Chrysanthemum rust in Japan and its neighboring districts,’’ Sydowia, Series 2, Supplement 1, pp. 34–44 2 Hiratsuka, (1957). 3 Dickens, J.K. kl., ‘‘The resistance of various cultivars and species of chrysanthemum to white rust (Puccinia horiana Henn.),’’ Plant Pathol, No. 17, pp. 19–22 (1968). 4 Yamada, S., ‘‘Experiments on the epidemiology and control of chrysanthemum white rust caused by Puccinia horiana,’’ Annals of the Phytopathological Society of Japan, No. 20, pp. 148–154 (1956). We are proposing to amend the cut flowers regulations to establish specific production and certification requirements that cut flowers of these types would have to meet in order to be eligible for importation from a region where CWR is known to occur. According to the information available to us,1,2 CWR is known to occur in the following regions: The countries of Andorra, Argentina, Australia, Belarus, Bosnia and Herzegovina, Brazil, Brunei, 1 CAB International Crop Protection Compendium, 2003 Edition. 2 Pests not known to occur in the United States or of limited distribution, No. 57: Chrysanthemum white rust, prepared by K. Whittle, Biological Assessment Support Staff, PPQ, APHIS. VerDate jul<14>2003 16:01 Jul 06, 2005 Jkt 205001 Bulgaria, Canary Islands, Chile, China, Colombia, Croatia, Hungary, Iceland, Japan, Korea, Latvia, Liechtenstein, Lithuania, Macedonia, Malaysia, Mexico, Moldova, Monaco, New Zealand, Peru, Poland, Republic of South Africa, Romania, Russia, San Marino, Slovakia, Slovenia, Switzerland, Taiwan, Thailand, Tunisia, Uruguay, Venezuela, Yugoslavia; the European Union (Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, and United Kingdom); and all countries, territories, and possessions of countries located in part or entirely between 90° and 180° East longitude. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 We propose to require that all production sites in the regions where CWR is known to occur be registered with the national plant protection organization of the country in which the production site is located, and that the national plant protection organization present APHIS with a list of registered production sites. Production sites would be subject to inspections to verify the absence of Puccinia horiana, therefore we would require that APHISauthorized inspectors and NPPO inspectors be granted access to all production sites and other areas necessary to monitor them. We would also require that cut flowers that are hosts to CWR and E:\FR\FM\07JYP1.SGM 07JYP1 39196 Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Proposed Rules imported from any of the countries where the disease is known to occur be accompanied by a phytosanitary certificate issued by the national plant protection organization of the country of origin. The certificate would have to contain an additional declaration stating that the place of production as well as the consignment have been inspected and found free of Puccinia horiana. In addition, we would require that box labels and documents accompanying each shipment identify the registered production site. Cut flowers not meeting these requirements would be refused entry into the United States. In addition, if any shipment of cut flowers is found to be infested with CWR upon arrival to the United States, we would prohibit imports from the originating production site until such time as APHIS and the national plant protection organization of the exporting country can agree that the eradication measures taken have been effective and the pest risk within the production site has been eliminated. We believe that these proposed measures are necessary because of numerous recent findings of CWR on cut flowers from Europe. Currently, the administrative procedures for importing cut flowers vary, depending on the originating country. These proposed measures are being applied administratively to cut flowers imported from Mexico and the Netherlands and have proved effective in preventing the introduction of CWR by cut flowers imported from these countries. Therefore, we are proposing to add these mitigation measures to the regulations for all regions where CWR is known to exist. This action would dispel the possible appearance of disparity in mitigation measures for different countries by consolidating all requirements for cut flowers imported from countries where CWR is known to occur. This action would also remove the current administrative prohibition on the importation of cut flowers that are hosts to CWR from Venezuela, provided they meet the import requirements discussed in the previous paragraphs. In addition to the changes discussed above, we would amend the entries for Chrysanthemum spp. and Dendranthema spp. in the table in § 319.37–2(a) of the nursery stock regulations to update the list of CWRaffected countries found in each of those entries so that they match the list of regions we would establish in the cut flowers regulations. This change would ensure consistency in our regulations. VerDate jul<14>2003 16:01 Jul 06, 2005 Jkt 205001 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. We are proposing to amend the cut flowers regulations to establish specific requirements for the importation of cut flowers that are hosts of CWR from countries where the disease is known to occur. We are also proposing to amend the nursery stock regulations to update lists of countries where CWR is known to occur. This action is necessary because of numerous recent findings of CWR on cut flowers from Europe that pose a risk of introducing CWR in the United States. In 2002, U.S. floriculture and nursery crop sales were close to $14 billion based on growers’ receipts. Chrysanthemums were among the most profitable flowers for their growers. Total U.S. sales of chrysanthemums were estimated at $182.4 million in 2002. Of this amount, $78.1 million were attributed to florists’ cut chrysanthemums and the remaining $104.3 million to potted (i.e., hardy) chrysanthemums. Chrysanthemums were not only one of the top four garden plants in terms of sales in 2002, they were also the garden plants with the second fastest price gains since 1995.3 In 2002, 11 percent ($63 million) of the money spent on imported cut flowers was for chrysanthemums. About 76 percent of the cut flowers imported into the United States originate in countries where, based on interceptions by U.S. inspectors, CWR exists. APHIS has prepared a national management plan which describes procedures in the event a nursery in the United States is infected with CWR. The plan calls for the nursery to be placed into quarantine status. If there are very few infected chrysanthemum plants, the grower has the option to use a fungicide to control the disease or to destroy the crop by incineration. However, no plant should leave the nursery for 8 weeks or until the nursery has been inspected and certified as being free from CWR. In addition to these containment measures, the plan calls for an inspection of every chrysanthemum grower and every 3 Floriculture and Nursery Crops Outlook/ Electronic Outlook Report from the Economic Research Service/ FLO–1/ September 12, 2002/ Alberto Jerardo. PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 residence within a quarter mile to be inspected for CWR.4 The fungicides most often recommended to fight the fungus Puccinia horiana Henn., which causes CWR, are Myclobutanil, Metam sodium, Dazomet, Chloropicrin, and methyl bromide. The cost of fungicide application varies, depending upon the plant size and number of leaves. A study by the National Agricultural Pesticide Impact Assessment Program and the University of California estimated the cost of different chemical treatments per acre of ornamental/ nursery plants infected with fungus diseases, including CWR, by State. For field-grown nursery plants, all acreage was treated with fungicides. The treatment entailed spraying the flower plants with metam sodium, which costs $550 per acre, and then applying an herbicide at $200 per acre, totaling $750 per acre. For greenhouse plants, the treatment costs to fight CWR or any other fungus are higher.5 In 1994, a property in California was quarantined after it was found to have chrysanthemums infected with CWR. The State followed with a survey around the affected residential area and found 70 more properties in the area with infected chrysanthemums. It cost $32,000, about $500 per residence, to eradicate the disease. A second survey by the State conducted 8 weeks following the first treatment process found very few remaining infected properties. However, the quarantine lasted much longer the second time and the average cost per property reached $7,000.6 In 1995, chrysanthemum growers in San Diego County, CA, spent, on average, $5,000 per business establishment to fight a CWR infestation. The infestation was eradicated quickly and followed by an 8-week host-free period. However, the cost reached $100,000 for one greenhouse that experienced repeated infestations and remained quarantined for 10 months. Between 1992 and 1997, direct and indirect losses from CWR infestations to chrysanthemum growers in Santa Barbara County, CA, were approximately $2 million. The county reported an annual value of 4 Rizvi, Anwar S., Roeland Elliston, and Philip Bell, ‘‘Chrysanthemum White Rust: A National Management Plan for Exclusion and Eradication’’, June 2002. 5 Exotic Pests and Diseases: Biology, Economics, Public Policy, 1999. Published by the Agricultural Issues Center. University of California at Davis: pp. 76–86. 6 See footnote 5. E:\FR\FM\07JYP1.SGM 07JYP1 Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Proposed Rules chrysanthemum production of more than $10 million in 1997.7 have a significant economic impact on a substantial number of small entities. Potential Effects 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. The economic effects that could result from the proposed changes in the regulations are expected to be small for U.S. importers of cut chrysanthemums. The cost of the phytosanitary certification would be borne by the exporters, who may pass those costs on to U.S. importers. The expected benefit from the proposed change in import requirements for cut flowers from all CWR-affected countries is the protection of U.S. floriculture and nursery crop industries and the people they employ. In 2002, these two industries contributed $14 billion in sales revenue to the U.S. economy. Potential Effects on Small Entities The Regulatory Flexibility Act requires that agencies specifically consider the economic effects their rules on small entities. The Small Business Administration has established the size standards based on the North American Industry Classification System (NAICS) for determining which economic entities meet the definition of a small firm. The small entity size standard for nursery and tree production (NAICS code 111421) is $750,000 or less in annual receipts. A total of 1,691 floriculture operations out of 10,965 operations had sales of $500,000 or more. Thus, at least 85 percent of all floriculture operations can be classified as small entities, and it is likely that an even higher percentage can be classified as small entities due to the $250,000 discrepancy.8 This proposed rule would continue to allow imports of cut chrysanthemums from CWR-affected countries, as long as the exporters from these countries comply with the proposed import requirements. We do not know the cost of certification in these countries compared to the average value of imported consignments of chrysanthemums, but it is expected to be minor. We do not expect that small entities in the U.S. floriculture industry will be significantly affected. However, the proposed requirements would help safeguard the U.S. floriculture and nursery industries from additional introductions of CWR. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action would not 7 See footnote 5. Agricultural Statistics Service, Agricultural Statistics Board, U.S. Department of Agriculture, 2001 Floriculture Crops. 8 National VerDate jul<14>2003 16:01 Jul 06, 2005 Jkt 205001 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. 03–016–1. Please send a copy of your comments to: (1) Docket No. 03–016–1, Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 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. We are proposing to amend the cut flowers regulations to establish specific requirements for the importation of cut flowers that are hosts of CWR from countries where the disease is known to occur. We are also proposing to amend the nursery stock regulations to update lists of countries where CWR is known to occur. We are proposing these changes in order to make our regulations consistent. This action is necessary because of numerous recent findings of CWR on cut flowers from Europe that pose a risk of introducing CWR in the United States. We are proposing to require that each shipment of cut flowers must be accompanied by a phytosanitary certificate issued by the national plant protection organization of the country of origin that contains an additional declaration stating that the place of production as well as the consignment have been inspected and found free of Puccinia horiana. We are soliciting comments from the public (as well as affected agencies) concerning our proposed information PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 39197 collection and recordkeeping requirements. These comments will help us: (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 0.2294914 hours per response. Respondents: Foreign national plant protection organizations. Estimated annual number of respondents: 43,722. Estimated annual number of responses per respondent: 8.1428571. Estimated annual number of responses: 356,022. Estimated total annual burden on respondents: 81,704 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.) Copies of this information collection can be obtained from Mrs. Celeste Sickles, APHIS’ Information Collection Coordinator, at (301) 734–7477. Government Paperwork Elimination Act Compliance The Animal and Plant Health Inspection Service is committed to compliance with the Government Paperwork Elimination Act (GPEA), which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. For information pertinent to GPEA compliance related to this proposed rule, please contact Mrs. Celeste Sickles, APHIS’ Information Collection Coordinator, at (301) 734– 7477. List of Subjects in 7 CFR Part 319 Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables E:\FR\FM\07JYP1.SGM 07JYP1 39198 Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Proposed Rules Authority: 7 U.S.C. 450 and 7701–7772; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3 Accordingly, we propose to amend 7 CFR part 319 as follows: PART 319—FOREIGN QUARANTINE NOTICES spp. (chrysanthemum)’’ would be revised to read as follows: § 319.37–2 2. In the table in § 319.37–2(a), the entries for ‘‘Chrysanthemum spp. (chrysanthemum)’’ and ‘‘Dendranthema 1. The authority citation for part 319 would continue to read as follows: Prohibited article (includes seeds only if specifically mentioned) Prohibited articles. (a) * * * Plant pests existing in the places named and capable of being transported with the prohibited article Foreign places from which prohibited * * * * * * Chrysanthemum spp. (chrys- Andorra, Argentina, Australia, Belarus, Bosnia and Herzegovina, Brazil, Brunei, anthemum). Bulgaria, Canary Islands, Chile, China, Colombia, Croatia, Hungary, Iceland, Japan, Korea, Latvia, Liechtenstein, Lithuania, Macedonia, Malaysia, Mexico, Moldova, Monaco, New Zealand, Peru, Poland, Republic of South Africa, Romania, Russia, San Marino, Slovakia, Slovenia, Switzerland, Taiwan, Thailand, Tunisia, Uruguay, Venezuela, Yugoslavia; the European Union (Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, and United Kingdom); and all countries, territories, and possessions of countries located in part or entirely between 90° and 180° East longitude. * Puccinia horiana P. Henn. (white rust of chrysanthemum). * Dendranthema spp. (chrysanthemum). * Puccinia horiana P. Henn. (white rust of chrysanthemum). * * * * * * Andorra, Argentina, Australia, Belarus, Bosnia and Herzegovina, Brazil, Brunei, Bulgaria, Canary Islands, Chile, China, Colombia, Croatia, Hungary, Iceland, Japan, Korea, Latvia, Liechtenstein, Lithuania, Macedonia, Malaysia, Mexico, Moldova, Monaco, New Zealand, Peru, Poland, Republic of South Africa, Romania, Russia, San Marino, Slovakia, Slovenia, Switzerland, Taiwan, Thailand, Tunisia, Uruguay, Venezuela, Yugoslavia; the European Union (Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, and United Kingdom); and all countries, territories, and possessions of countries located in part or entirely between 90° and 180° East longitude. * * * * * * * 3. In § 319.74–2, paragraph (d) would be redesignated as paragraph (e) and a new paragraph (d) would be added to read as follows: * * § 319.74–2 Conditions governing the entry of cut flowers. * * * * * (d) Chrysanthemum white rust hosts. (1) The following Chrysanthemum, * Leucanthemella, and Nipponanthemum spp. are considered to be hosts of chrysanthemum white rust: Accepted name of susceptible species Synonyms Chrysanthemum arcticum L. ...................... Arctanthemum arcticum (L.) Tzvelev and Dendranthema arcticum (L.) Tzvelev. Chrysanthemum indicum L. var. boreale Makino and Dendranthema boreale (Makino) Ling ex Kitam. Dendranthema indicum (L.) Des Moul. Dendranthema japonense (Nakai) Kitam and Dendranthema occidentali-japonense Kitam. Chrysanthemum makinoi Matsum. & Nakai and Dendranthema japonicum (Makino) Kitam. Anthemis grandiflorum Ramat., Anthemis stipulacea Moench, Chrysanthemum sinense Sabine ex Sweet, Chrysanthemum stipulaceum (Moench) W. Wight, Dendranthema × grandiflorum (Ramat.) Kitam., Dendranthema × morifolium (Ramat.) Tzvelev, and Matricaria morifolia Ramat. Ajania pacifica (Nakai) K. Bremer & Humphries and Dendranthema pacificum (Nakai) Kitam. Ajania shiwogiku (Kitam.) K. Bremer & Humphries and Dendranthema shiwogiku (Kitam.) Kitam. Dendranthema yoshinaganthum (Makino ex Kitam.) Kitam. Chrysanthemum boreale (Makino) Makino Chrysanthemum indicum L. ....................... Chrysanthemum japonense Nakai ............. Chrysanthemum japonicum Makino ........... Chrysanthemum × morifolium Ramat ........ Chrysanthemum pacificum Nakai .............. Chrysanthemum shiwogiku Kitam .............. Chrysanthemum yoshinaganthum Makino ex Kitam. VerDate jul<14>2003 16:01 Jul 06, 2005 Jkt 205001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 * Common name E:\FR\FM\07JYP1.SGM Arctic chrysanthemum and arctic daisy. Nojigiku. Ryuno-giku. Florist’s chrysanthemum, themum, and mum. Iso-giku. Shio-giku. 07JYP1 chrysan- Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Proposed Rules Accepted name of susceptible species Synonyms Chrysanthemum zawadskii and Herbich subsp. yezoense (Maek.) Y. N. Lee. Chrysanthemum arcticum subsp. maekawanum Kitam, Chrysanthemum arcticum var. yezoense Maek. [basionym], Chrysanthemum yezoense Maek. [basionym], Dendranthema yezoense (F. Maek.) D. J. ´ N. Hind, and Leucanthemum yezoense (Maek.) A. ¨ ¨ Love & D. Love. Chrysanthemum sibiricum Turcz. ex DC., nom. inval., Dendranthema zawadskii (Herbich) Tzvelev, and Dendranthema zawadskii var. zawadskii. Chrysanthemum serotinum L., Chrysanthemum uliginosum (Waldst. & Kit. ex Willd.) Pers., and Pyrethrum uliginosum (Waldst. & Kit. ex Willd.). Chrysanthemum nipponicum (Franch. ex Maxim.) Matsum. and Leucanthemum nipponicum Franch. ex Maxim. Chrysanthemum zawadskii and Herbich subsp. zawadskii. Leucanthemella serotina (L.) Tzvelev ........ Nipponanthemum nipponicum (Franch. ex Maxim.) Kitam. (2) Chrysanthemum white rust is considered to exist in the following regions: Andorra, Argentina, Australia, Belarus, Bosnia and Herzegovina, Brazil, Brunei, Bulgaria, Canary Islands, Chile, China, Colombia, Croatia, Cyprus, Hungary, Iceland, Japan, Korea, Latvia, Liechtenstein, Lithuania, Macedonia, Malaysia, Mexico, Moldova, Monaco, New Zealand, Norway, Peru, Poland, Republic of South Africa, Romania, Russia, San Marino, Slovakia, Slovenia, Switzerland, Taiwan, Thailand, Tunisia, Ukraine, Uruguay, Venezuela, Yugoslavia; the European Union (Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, and United Kingdom); and all countries, territories, and possessions of countries located in part or entirely between 90° and 180° East longitude. (3) Cut flowers of any species listed in paragraph (d)(1) of this section may be imported into the United States from any region listed in paragraph (d)(2) of this section only under the following conditions: (i) The flowers must be grown in a production site that is registered with the national plant protection organization of the country in which the production site is located and the national plant protection organization must provide a list of registered sites to APHIS. (ii) Each shipment of cut flowers must be accompanied by a phytosanitary certificate issued by the national plant protection organization of the country of origin that contains an additional declaration stating that the place of production as well as the consignment have been inspected and found free of Puccinia horiana. (iii) Box labels and other documents accompanying shipments of cut flowers must be marked with the identity of the registered production site. VerDate jul<14>2003 16:01 Jul 06, 2005 Jkt 205001 Common name (iv) APHIS-authorized inspectors must also be allowed access to production sites and other areas necessary to monitor the chrysanthemum white rust-free status of the production sites. (4) Cut flowers not meeting these conditions will be refused entry into the United States. The detection of chrysanthemum white rust in a shipment of cut flowers from a registered production site upon arrival in the United States will result in the prohibition of imports originating from the production site until such time when APHIS and the national plant protection organization of the exporting country can agree that the eradication measures taken have been effective and that the pest risk within the production site has been eliminated. * * * * * Done in Washington, DC, this 30th day of June 2005. Elizabeth E. Gaston, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 05–13313 Filed 7–6–05; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration 7 CFR Part 868 RIN 0580–AA89 Review Inspection Requirements for Graded Commodities Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Proposed rule. AGENCY: SUMMARY: The Grain Inspection, Packers and Stockyards Administration (GIPSA) is proposing to revise the regulations under the United States Agricultural Marketing Act of 1946 (AMA), as PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 39199 Giant daisy or high daisy. Nippon daisy or Nippon-chrysanthemum. amended, to allow interested persons to specify the quality factor(s) that would be redetermined during an appeal inspection or a Board appeal inspection for grade. Currently, both appeal and Board appeal inspections for grade must include a redetermination (i.e., a complete review or examination) of all official factors that may determine the grade, as reported on the original certificate, or as required to be shown. Requiring that all quality factors be completely reexamined during an appeal or Board appeal inspection for grade is not efficient, is time consuming, and can be costly. Further, a detailed review of the preceding inspection service is not always needed to confirm the quality of the commodity. This proposed action would allow interested parties to specify which quality factor(s) should be redetermined during the appeal or Board appeal inspection service. Comments must be received on or before September 6, 2005. ADDRESSES: We invite you to submit comments on this proposed rule. You may submit comments by any of the following methods: • E-mail: Send comments via electronic mail to comments.gipsa@usda.gov. • Mail: Send hard copy written comments to Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647–S, Washington, DC 20250–3604. • Fax: Send comment by facsimile transmission to: (202) 690–2755. • Hand Delivery or Courier: Deliver comments to: Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647–S, Washington, DC 20250–3604. • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All comments should make reference to the date and page DATES: E:\FR\FM\07JYP1.SGM 07JYP1

Agencies

[Federal Register Volume 70, Number 129 (Thursday, July 7, 2005)]
[Proposed Rules]
[Pages 39194-39199]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13313]

========================================================================
Proposed Rules
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 /
Proposed Rules

[[Page 39194]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 03-016-1]

Cut Flowers From Countries With Chrysanthemum White Rust

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the cut flowers regulations to
establish specific requirements for the importation of cut flowers that
are hosts of chrysanthemum white rust (CWR) from countries where the
disease is known to occur. We are also proposing to amend the nursery
stock regulations to update lists of countries where CWR is known to
occur. We are proposing these changes in order to make our cut flowers
and nursery stock regulations consistent. This action is necessary
because of numerous recent findings of CWR on cut flowers from Europe
that pose a risk of introducing CWR in the United States.

DATES: We will consider all comments that we receive on or before
September 6, 2005.

ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to https://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 03-016-1,
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. 03-016-1.
Federal eRulemaking Portal: Go to https://
www.regulations.gov and follow the instructions for locating this
docket and submitting comments.
Reading Room: 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.
Other Information: You may view APHIS documents published in the
Federal Register and related information on the Internet at https://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Ms. Sharon Porsche, Import Specialist,
Commodity Import Analysis and Operation, PPQ, APHIS, 4700 River Road
Unit 133, Riverdale, MD 20737-1231; (301) 734-5281.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 7 CFR part 319 prohibit or restrict the
importation of plants, plant parts, and related materials to prevent
the introduction of plant pests and noxious weeds into the United
States. The regulations in ``Subpart-Nursery Stock, Plants, Roots,
Bulbs, Seeds, and Other Plant Products,'' Sec. Sec. 319.37 through
319.37-14 (referred to below as the nursery stock regulations)
restrict, among other things, the importation of living plants, plant
parts, and seeds for propagation. Conditions governing the importation
of cut flowers into the United States are contained in ``Subpart--Cut
Flowers'' (Sec. Sec. 319.74-1 through 319.74-4, referred to below as
the cut flowers regulations).
Puccinia horiana Henn., a filamentous fungus and obligate parasite,
is the causal agent of chrysanthemum white rust (CWR). CWR is a serious
disease in nurseries, where it may cause complete loss of glasshouse
chrysanthemum crops. The disease is indigenous to Japan, where it was
noted in 1895, and it remained confined to China and Japan until 1963.
However, since 1964, P. horiana has spread rapidly on infected imported
cuttings and is now established in Europe, Africa, Australia, Central
America, South America, and the Far East.
CWR is not established in the United States and is a regulated pest
for the United States. 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. Section
319.37-2 of the nursery stock regulations prohibits the importation of
CWR-susceptible plant species from countries where the disease is
established.
CWR was detected and eradicated in California in 1991; since then,
there have been repeated incidents of CWR in several coastal California
counties. There were also CWR outbreaks in commercial nurseries in New
Jersey, Oregon, and Washington between 1995 and 1997 and in dooryard or
hobbyist plantings in New York and New Jersey in 1997. Whenever CWR has
been detected in the United States, it has been eradicated through
immediate and cooperative action by Federal and State officials.
Plants for planting as well as cut flowers that are hosts can be a
pathway for the introduction of CWR. Detections of CWR on cut flowers
from Mexico and Venezuela, countries where the disease occurs, prompted
APHIS to place administrative restrictions on cut flowers of CWR hosts
from those countries because, in many cases, those cut flowers had been
determined to be the pathway for the incursion of CWR into the United
States. These restrictions are: (1) Cut flowers that are hosts of CWR
are prohibited entry from Venezuela, (2) cut flowers that are hosts of
CWR from Mexico are allowed entry into the United States if they are
accompanied by a phytosanitary certificate issued by Mexico's national
plant protection organization with an additional declaration that the
shipment originated from an approved grower. The boxes and/or paperwork
accompanying a shipment from Mexico must also be marked or stamped with
the name of the approved grower.
Numerous findings of CWR on cut flowers from the Netherlands in
2003 prompted us to place administrative restrictions on certain cut
flowers from the Netherlands also. These restrictions require cut
flowers that are hosts of

[[Page 39195]]

CWR from the Netherlands be allowed entry into the United States if
they are accompanied by a phytosanitary certificate issued by the
Netherlands. This certificate must contain an additional declaration
stating that the place of production as well as the consignment have
been inspected and found free of Puccinia horiana.
Because of these findings from the Netherlands and the risk of
introducing CWR posed from other countries where the disease is known
to occur, we are proposing to establish new entry requirements for cut
chrysanthemums from all regions where CWR is known to occur.
Studies have shown that the following flowers are hosts of CWR (the
studies cited are footnoted at the end of the table):

------------------------------------------------------------------------
Accepted name of susceptible
species Synonyms Common name
------------------------------------------------------------------------
Chrysanthemum arcticum L.\1\.. Arctanthemum arcticum Arctic
(L.) Tzvelev and chrysanthemum
Dendranthema arcticum and arctic
(L.) Tzvelev. daisy.
Chrysanthemum boreale (Makino) Chrysanthemum indicum
Makino\1,2\. L. var. boreale
Makino and
Dendranthema boreale
(Makino) Ling ex
Kitam.
Chrysanthemum indicum Dendranthema indicum
L.\1,2,3\. (L.) Des Moul.
Chrysanthemum japonense Dendranthema japonense Nojigiku.
Nakai\1,2\. (Nakai) Kitam. and
Dendranthema
occidentali-japonense
Kitam.
Chrysanthemum japonicum Chrysanthemum makinoi Ryuno-giku.
Makino\1,2\. Matsum. & Nakai and
Dendranthema
japonicum (Makino)
Kitam.
Chrysanthemum xmorifolium Anthemis grandiflorum Florist's
Ramat.\2,4\. Ramat., Anthemis chrysanthemum,
stipulacea Moench, chrysanthemum,
Chrysanthemum sinense and mum.
Sabine ex Sweet,
Chrysanthemum
stipulaceum (Moench)
W. Wight,
Dendranthema
xgrandiflorum
(Ramat.) Kitam.,
Dendranthema
xmorifolium (Ramat.)
Tzvelev, and
Matricaria morifolia
Ramat.
Chrysanthemum pacificum Ajania pacifica Iso-giku.
Nakai\1\. (Nakai) K. Bremer &
Humphries and
Dendranthema
pacificum (Nakai)
Kitam.
Chrysanthemum shiwogiku Ajania shiwogiku Shio-giku.
Kitam\1\. (Kitam.) K. Bremer &
Humphries and
Dendranthema
shiwogiku (Kitam.)
Kitam.
Chrysanthemum yoshinaganthum Dendranthema
Makino ex Kitam\2\. yoshinaganthum
(Makino ex Kitam.)
Kitam.
Chrysanthemum zawadskii and Chrysanthemum arcticum
Herbich subsp. yezoense subsp. maekawanum
(Maek.) Y. N. Lee\1\. Kitam, Chrysanthemum
arcticum var.
yezoense Maek.
[basionym],
Chrysanthemum
yezoense Maek.
[basionym],
Dendranthema yezoense
(F. Maek.) D. J. N.
Hind, and
Leucanthemum yezoense
(Maek.) [Aacute]
L[ouml]ve & D.
L[ouml]ve.
Chrysanthemum zawadskii and Chrysanthemum
Herbich subsp. zawadskii \1\. sibiricum Turca. ex
DC., nom. inval.,
Dendranthema
zawadskii (Herbich)
Tzvelev, and
Dendranthema
zawadskii var.
zawadskii.
Leucanthemella serotina (L.) Chrysanthemum Giant daisy or
Tzvelev \3\. serotinum L., high daisy.
Chrysanthemum
uliginosum (Waldst. &
Kit. ex Willd.)
Pers., and Pyrethrum
uliginosum (Waldst. &
Kit. ex Willd.).
Nipponanthemum nipponicum Chrysanthemum Nippon daisy or
(Franch. ex Maxim) Kitam \2\. nipponicum (Franch. Nippon-
ex Maxim.) Matsum. chrysanthemum.
and Leucanthemum
nipponicum Franch. ex
Maxim.
------------------------------------------------------------------------
\1\ Water, J.K. ``Chrysanthemum White Rust,'' EPPO Bulletin, No. 11, pp.
239-242 (1981).
\2\ Hiratsuka, N. ``Three species of Chrysanthemum rust in Japan and its
neighboring districts,'' Sydowia, Series 2, Supplement 1, pp. 34-44
(1957).
\3\ Dickens, J.K. kl., ``The resistance of various cultivars and species
of chrysanthemum to white rust (Puccinia horiana Henn.),'' Plant
Pathol, No. 17, pp. 19-22 (1968).
\4\ Yamada, S., ``Experiments on the epidemiology and control of
chrysanthemum white rust caused by Puccinia horiana,'' Annals of the
Phytopathological Society of Japan, No. 20, pp. 148-154 (1956).

We are proposing to amend the cut flowers regulations to establish
specific production and certification requirements that cut flowers of
these types would have to meet in order to be eligible for importation
from a region where CWR is known to occur. According to the information
available to us,\1,2\ CWR is known to occur in the following regions:
The countries of Andorra, Argentina, Australia, Belarus, Bosnia and
Herzegovina, Brazil, Brunei, Bulgaria, Canary Islands, Chile, China,
Colombia, Croatia, Hungary, Iceland, Japan, Korea, Latvia,
Liechtenstein, Lithuania, Macedonia, Malaysia, Mexico, Moldova, Monaco,
New Zealand, Peru, Poland, Republic of South Africa, Romania, Russia,
San Marino, Slovakia, Slovenia, Switzerland, Taiwan, Thailand, Tunisia,
Uruguay, Venezuela, Yugoslavia; the European Union (Austria, Belgium,
Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg,
Netherlands, Portugal, Spain, Sweden, and United Kingdom); and all
countries, territories, and possessions of countries located in part or
entirely between 90[deg] and 180[deg] East longitude.
---------------------------------------------------------------------------

\1\ CAB International Crop Protection Compendium, 2003 Edition.
\2\ Pests not known to occur in the United States or of limited
distribution, No. 57: Chrysanthemum white rust, prepared by K.
Whittle, Biological Assessment Support Staff, PPQ, APHIS.
---------------------------------------------------------------------------

We propose to require that all production sites in the regions
where CWR is known to occur be registered with the national plant
protection organization of the country in which the production site is
located, and that the national plant protection organization present
APHIS with a list of registered production sites. Production sites
would be subject to inspections to verify the absence of Puccinia
horiana, therefore we would require that APHIS-authorized inspectors
and NPPO inspectors be granted access to all production sites and other
areas necessary to monitor them.
We would also require that cut flowers that are hosts to CWR and

[[Page 39196]]

imported from any of the countries where the disease is known to occur
be accompanied by a phytosanitary certificate issued by the national
plant protection organization of the country of origin. The certificate
would have to contain an additional declaration stating that the place
of production as well as the consignment have been inspected and found
free of Puccinia horiana. In addition, we would require that box labels
and documents accompanying each shipment identify the registered
production site. Cut flowers not meeting these requirements would be
refused entry into the United States.
In addition, if any shipment of cut flowers is found to be infested
with CWR upon arrival to the United States, we would prohibit imports
from the originating production site until such time as APHIS and the
national plant protection organization of the exporting country can
agree that the eradication measures taken have been effective and the
pest risk within the production site has been eliminated.
We believe that these proposed measures are necessary because of
numerous recent findings of CWR on cut flowers from Europe. Currently,
the administrative procedures for importing cut flowers vary, depending
on the originating country. These proposed measures are being applied
administratively to cut flowers imported from Mexico and the
Netherlands and have proved effective in preventing the introduction of
CWR by cut flowers imported from these countries. Therefore, we are
proposing to add these mitigation measures to the regulations for all
regions where CWR is known to exist.
This action would dispel the possible appearance of disparity in
mitigation measures for different countries by consolidating all
requirements for cut flowers imported from countries where CWR is known
to occur. This action would also remove the current administrative
prohibition on the importation of cut flowers that are hosts to CWR
from Venezuela, provided they meet the import requirements discussed in
the previous paragraphs.
In addition to the changes discussed above, we would amend the
entries for Chrysanthemum spp. and Dendranthema spp. in the table in
Sec. 319.37-2(a) of the nursery stock regulations to update the list
of CWR-affected countries found in each of those entries so that they
match the list of regions we would establish in the cut flowers
regulations. This change would ensure consistency in our 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.
We are proposing to amend the cut flowers regulations to establish
specific requirements for the importation of cut flowers that are hosts
of CWR from countries where the disease is known to occur. We are also
proposing to amend the nursery stock regulations to update lists of
countries where CWR is known to occur. This action is necessary because
of numerous recent findings of CWR on cut flowers from Europe that pose
a risk of introducing CWR in the United States.
In 2002, U.S. floriculture and nursery crop sales were close to $14
billion based on growers' receipts. Chrysanthemums were among the most
profitable flowers for their growers. Total U.S. sales of
chrysanthemums were estimated at $182.4 million in 2002. Of this
amount, $78.1 million were attributed to florists' cut chrysanthemums
and the remaining $104.3 million to potted (i.e., hardy)
chrysanthemums. Chrysanthemums were not only one of the top four garden
plants in terms of sales in 2002, they were also the garden plants with
the second fastest price gains since 1995.\3\
---------------------------------------------------------------------------

\3\ Floriculture and Nursery Crops Outlook/ Electronic Outlook
Report from the Economic Research Service/ FLO-1/ September 12,
2002/Alberto Jerardo.
---------------------------------------------------------------------------

In 2002, 11 percent ($63 million) of the money spent on imported
cut flowers was for chrysanthemums. About 76 percent of the cut flowers
imported into the United States originate in countries where, based on
interceptions by U.S. inspectors, CWR exists.
APHIS has prepared a national management plan which describes
procedures in the event a nursery in the United States is infected with
CWR. The plan calls for the nursery to be placed into quarantine
status. If there are very few infected chrysanthemum plants, the grower
has the option to use a fungicide to control the disease or to destroy
the crop by incineration. However, no plant should leave the nursery
for 8 weeks or until the nursery has been inspected and certified as
being free from CWR. In addition to these containment measures, the
plan calls for an inspection of every chrysanthemum grower and every
residence within a quarter mile to be inspected for CWR.\4\
---------------------------------------------------------------------------

\4\ Rizvi, Anwar S., Roeland Elliston, and Philip Bell,
``Chrysanthemum White Rust: A National Management Plan for Exclusion
and Eradication'', June 2002.
---------------------------------------------------------------------------

The fungicides most often recommended to fight the fungus Puccinia
horiana Henn., which causes CWR, are Myclobutanil, Metam sodium,
Dazomet, Chloropicrin, and methyl bromide. The cost of fungicide
application varies, depending upon the plant size and number of leaves.
A study by the National Agricultural Pesticide Impact Assessment
Program and the University of California estimated the cost of
different chemical treatments per acre of ornamental/nursery plants
infected with fungus diseases, including CWR, by State. For field-grown
nursery plants, all acreage was treated with fungicides. The treatment
entailed spraying the flower plants with metam sodium, which costs $550
per acre, and then applying an herbicide at $200 per acre, totaling
$750 per acre. For greenhouse plants, the treatment costs to fight CWR
or any other fungus are higher.\5\
---------------------------------------------------------------------------

\5\ Exotic Pests and Diseases: Biology, Economics, Public
Policy, 1999. Published by the Agricultural Issues Center.
University of California at Davis: pp. 76-86.
---------------------------------------------------------------------------

In 1994, a property in California was quarantined after it was
found to have chrysanthemums infected with CWR. The State followed with
a survey around the affected residential area and found 70 more
properties in the area with infected chrysanthemums. It cost $32,000,
about $500 per residence, to eradicate the disease. A second survey by
the State conducted 8 weeks following the first treatment process found
very few remaining infected properties. However, the quarantine lasted
much longer the second time and the average cost per property reached
$7,000.\6\
---------------------------------------------------------------------------

\6\ See footnote 5.
---------------------------------------------------------------------------

In 1995, chrysanthemum growers in San Diego County, CA, spent, on
average, $5,000 per business establishment to fight a CWR infestation.
The infestation was eradicated quickly and followed by an 8-week host-
free period. However, the cost reached $100,000 for one greenhouse that
experienced repeated infestations and remained quarantined for 10
months. Between 1992 and 1997, direct and indirect losses from CWR
infestations to chrysanthemum growers in Santa Barbara County, CA, were
approximately $2 million. The county reported an annual value of

[[Page 39197]]

chrysanthemum production of more than $10 million in 1997.\7\
---------------------------------------------------------------------------

\7\ See footnote 5.
---------------------------------------------------------------------------

Potential Effects

The economic effects that could result from the proposed changes in
the regulations are expected to be small for U.S. importers of cut
chrysanthemums. The cost of the phytosanitary certification would be
borne by the exporters, who may pass those costs on to U.S. importers.
The expected benefit from the proposed change in import requirements
for cut flowers from all CWR-affected countries is the protection of
U.S. floriculture and nursery crop industries and the people they
employ. In 2002, these two industries contributed $14 billion in sales
revenue to the U.S. economy.

Potential Effects on Small Entities

The Regulatory Flexibility Act requires that agencies specifically
consider the economic effects their rules on small entities. The Small
Business Administration has established the size standards based on the
North American Industry Classification System (NAICS) for determining
which economic entities meet the definition of a small firm. The small
entity size standard for nursery and tree production (NAICS code
111421) is $750,000 or less in annual receipts. A total of 1,691
floriculture operations out of 10,965 operations had sales of $500,000
or more. Thus, at least 85 percent of all floriculture operations can
be classified as small entities, and it is likely that an even higher
percentage can be classified as small entities due to the $250,000
discrepancy.\8\
---------------------------------------------------------------------------

\8\ National Agricultural Statistics Service, Agricultural
Statistics Board, U.S. Department of Agriculture, 2001 Floriculture
Crops.
---------------------------------------------------------------------------

This proposed rule would continue to allow imports of cut
chrysanthemums from CWR-affected countries, as long as the exporters
from these countries comply with the proposed import requirements. We
do not know the cost of certification in these countries compared to
the average value of imported consignments of chrysanthemums, but it is
expected to be minor. We do not expect that small entities in the U.S.
floriculture industry will be significantly affected. However, the
proposed requirements would help safeguard the U.S. floriculture and
nursery industries from additional introductions of CWR.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.

Executive Order 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. 03-016-1.
Please send a copy of your comments to: (1) Docket No. 03-016-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 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.
We are proposing to amend the cut flowers regulations to establish
specific requirements for the importation of cut flowers that are hosts
of CWR from countries where the disease is known to occur. We are also
proposing to amend the nursery stock regulations to update lists of
countries where CWR is known to occur. We are proposing these changes
in order to make our regulations consistent. This action is necessary
because of numerous recent findings of CWR on cut flowers from Europe
that pose a risk of introducing CWR in the United States.
We are proposing to require that each shipment of cut flowers must
be accompanied by a phytosanitary certificate issued by the national
plant protection organization of the country of origin that contains an
additional declaration stating that the place of production as well as
the consignment have been inspected and found free of Puccinia horiana.
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:
(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 0.2294914 hours per response.
Respondents: Foreign national plant protection organizations.
Estimated annual number of respondents: 43,722.
Estimated annual number of responses per respondent: 8.1428571.
Estimated annual number of responses: 356,022.
Estimated total annual burden on respondents: 81,704 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.

Government Paperwork Elimination Act Compliance

The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

List of Subjects in 7 CFR Part 319

Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables

[[Page 39198]]

Accordingly, we propose to amend 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

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

Authority: 7 U.S.C. 450 and 7701-7772; 21 U.S.C. 136 and 136a; 7
CFR 2.22, 2.80, and 371.3

2. In the table in Sec. 319.37-2(a), the entries for
``Chrysanthemum spp. (chrysanthemum)'' and ``Dendranthema spp.
(chrysanthemum)'' would be revised to read as follows:

Sec. 319.37-2 Prohibited articles.

(a) * * *

----------------------------------------------------------------------------------------------------------------
Plant pests existing in
the places named and
Prohibited article (includes seeds only Foreign places from which prohibited capable of being
if specifically mentioned) transported with the
prohibited article
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Chrysanthemum spp. (chrysanthemum)...... Andorra, Argentina, Australia, Belarus, Puccinia horiana P. Henn.
Bosnia and Herzegovina, Brazil, Brunei, (white rust of
Bulgaria, Canary Islands, Chile, China, chrysanthemum).
Colombia, Croatia, Hungary, Iceland,
Japan, Korea, Latvia, Liechtenstein,
Lithuania, Macedonia, Malaysia, Mexico,
Moldova, Monaco, New Zealand, Peru,
Poland, Republic of South Africa,
Romania, Russia, San Marino, Slovakia,
Slovenia, Switzerland, Taiwan, Thailand,
Tunisia, Uruguay, Venezuela, Yugoslavia;
the European Union (Austria, Belgium,
Denmark, Finland, France, Germany,
Greece, Ireland, Italy, Luxembourg,
Netherlands, Portugal, Spain, Sweden, and
United Kingdom); and all countries,
territories, and possessions of countries
located in part or entirely between
90[deg] and 180[deg] East longitude.

* * * * * * *
Dendranthema spp. (chrysanthemum)....... Andorra, Argentina, Australia, Belarus, Puccinia horiana P. Henn.
Bosnia and Herzegovina, Brazil, Brunei, (white rust of
Bulgaria, Canary Islands, Chile, China, chrysanthemum).
Colombia, Croatia, Hungary, Iceland,
Japan, Korea, Latvia, Liechtenstein,
Lithuania, Macedonia, Malaysia, Mexico,
Moldova, Monaco, New Zealand, Peru,
Poland, Republic of South Africa,
Romania, Russia, San Marino, Slovakia,
Slovenia, Switzerland, Taiwan, Thailand,
Tunisia, Uruguay, Venezuela, Yugoslavia;
the European Union (Austria, Belgium,
Denmark, Finland, France, Germany,
Greece, Ireland, Italy, Luxembourg,
Netherlands, Portugal, Spain, Sweden, and
United Kingdom); and all countries,
territories, and possessions of countries
located in part or entirely between
90[deg] and 180[deg] East longitude.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
3. In Sec. 319.74-2, paragraph (d) would be redesignated as
paragraph (e) and a new paragraph (d) would be added to read as
follows:

Sec. 319.74-2 Conditions governing the entry of cut flowers.

* * * * *
(d) Chrysanthemum white rust hosts. (1) The following
Chrysanthemum, Leucanthemella, and Nipponanthemum spp. are considered
to be hosts of chrysanthemum white rust:

[[Page 39199]]

Chrysanthemum zawadskii and Chrysanthemum arcticum
Herbich subsp. yezoense subsp. maekawanum
(Maek.) Y. N. Lee. Kitam, Chrysanthemum
arcticum var.
yezoense Maek.
[basionym],
Chrysanthemum
yezoense Maek.
[basionym],
Dendranthema yezoense
(F. Maek.) D. J. N.
Hind, and
Leucanthemum yezoense
(Maek.) [Aacute].
L[ouml]ve & D.
L[ouml]ve.
Chrysanthemum zawadskii and Chrysanthemum
Herbich subsp. zawadskii. sibiricum Turcz. ex
DC., nom. inval.,
Dendranthema
zawadskii (Herbich)
Tzvelev, and
Dendranthema
zawadskii var.
zawadskii.
Leucanthemella serotina (L.) Chrysanthemum Giant daisy or
Tzvelev. serotinum L., high daisy.
Chrysanthemum
uliginosum (Waldst. &
Kit. ex Willd.)
Pers., and Pyrethrum
uliginosum (Waldst. &
Kit. ex Willd.).
Nipponanthemum nipponicum Chrysanthemum Nippon daisy or
(Franch. ex Maxim.) Kitam. nipponicum (Franch. Nippon-
ex Maxim.) Matsum. chrysanthemum.
and Leucanthemum
nipponicum Franch. ex
Maxim.
------------------------------------------------------------------------

(2) Chrysanthemum white rust is considered to exist in the
following regions: Andorra, Argentina, Australia, Belarus, Bosnia and
Herzegovina, Brazil, Brunei, Bulgaria, Canary Islands, Chile, China,
Colombia, Croatia, Cyprus, Hungary, Iceland, Japan, Korea, Latvia,
Liechtenstein, Lithuania, Macedonia, Malaysia, Mexico, Moldova, Monaco,
New Zealand, Norway, Peru, Poland, Republic of South Africa, Romania,
Russia, San Marino, Slovakia, Slovenia, Switzerland, Taiwan, Thailand,
Tunisia, Ukraine, Uruguay, Venezuela, Yugoslavia; the European Union
(Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland,
Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, and United
Kingdom); and all countries, territories, and possessions of countries
located in part or entirely between 90[deg] and 180[deg] East
longitude.
(3) Cut flowers of any species listed in paragraph (d)(1) of this
section may be imported into the United States from any region listed
in paragraph (d)(2) of this section only under the following
conditions:
(i) The flowers must be grown in a production site that is
registered with the national plant protection organization of the
country in which the production site is located and the national plant
protection organization must provide a list of registered sites to
APHIS.
(ii) Each shipment of cut flowers must be accompanied by a
phytosanitary certificate issued by the national plant protection
organization of the country of origin that contains an additional
declaration stating that the place of production as well as the
consignment have been inspected and found free of Puccinia horiana.
(iii) Box labels and other documents accompanying shipments of cut
flowers must be marked with the identity of the registered production
site.
(iv) APHIS-authorized inspectors must also be allowed access to
production sites and other areas necessary to monitor the chrysanthemum
white rust-free status of the production sites.
(4) Cut flowers not meeting these conditions will be refused entry
into the United States. The detection of chrysanthemum white rust in a
shipment of cut flowers from a registered production site upon arrival
in the United States will result in the prohibition of imports
originating from the production site until such time when APHIS and the
national plant protection organization of the exporting country can
agree that the eradication measures taken have been effective and that
the pest risk within the production site has been eliminated.
* * * * *

Done in Washington, DC, this 30th day of June 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-13313 Filed 7-6-05; 8:45 am]
BILLING CODE 3410-34-P

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