Importation of Small Lots of Seed Without Phytosanitary Certificates, 19097-19102 [06-3554]
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19097
Rules and Regulations
Federal Register
Vol. 71, No. 71
Thursday, April 13, 2006
This section of the FEDERAL REGISTER
contains regulatory documents having general
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are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. 02–119–2]
RIN 0579–AB78
Importation of Small Lots of Seed
Without Phytosanitary Certificates
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
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AGENCY:
SUMMARY: We are amending the nursery
stock regulations to allow the
importation of small lots of seed under
an import permit with specific
conditions, as an alternative to the
current phytosanitary certificate
requirement. This change is necessary
because several entities that import
small lots of seed—individual
importers, scientists, horticultural
societies, arboreta, and small
businesses—have had difficulty
obtaining the necessary certificates and
have been adversely affected by the
phytosanitary certificate requirement.
The change makes it feasible for those
entities to import small lots of seed and
ensures prompt and consistent service
for such importers while continuing to
protect against the introduction of plant
pests into the United States and
providing the Animal and Plant Health
Inspection Service with necessary
information about the quality, quantity,
and diversity of the imported material.
DATES: Effective Date: May 15, 2006.
FOR FURTHER INFORMATION CONTACT: Dr.
Arnold Tschanz, Senior Staff Officer,
Regulatory Coordination Staff, PPQ,
APHIS, 4700 River Road Unit 141,
Riverdale, MD 20737–1236; (301) 734–
5306.
SUPPLEMENTARY INFORMATION:
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Background
The regulations in 7 CFR part 319
prohibit or restrict the importation into
the United States of certain plants and
plant products to prevent the
introduction of plant pests and noxious
weeds into the United States. The
regulations contained in ‘‘Subpart—
Nursery Stock, Plants, Roots, Bulbs,
Seeds, and Other Plant Products’’
(sections 319.37 through 319.37–14,
referred to below as the regulations)
prohibit or restrict, among other things,
the importation of living plants, plant
parts, and seeds for propagation.
Nursery stock, plants, seeds, and
other propagative plant material that
cannot be feasibly inspected, treated, or
handled to prevent them from
introducing plant pests new to or not
widely distributed in the United States
are listed in the regulations as
prohibited articles. Prohibited articles
may not be imported into the United
States, unless imported by the U.S.
Department of Agriculture (USDA) for
experimental or scientific purposes
under specified safeguards.
All other nursery stock, plants, seeds,
and other propagative plant material
that can be inspected, treated, or
handled to prevent them from
introducing plant pests are considered
restricted articles. Restricted articles
may be imported into the United States
if they are imported in compliance with
conditions that include a phytosanitary
certificate and port of entry inspection
and that may include the need for a
permit, treatment, or postentry
quarantine.
On April 29, 2004, we published in
the Federal Register (69 FR 23451–
23456, Docket No. 02–119–1) a
proposed rule to amend the nursery
stock regulations to allow the
importation of small lots of seed under
an import permit, with specific
conditions, as an alternative to the
current phytosanitary certificate
requirement. We proposed this change
because several entities that import
small lots of seed—individual
importers, scientists, horticultural
societies, arboreta, and small
businesses—have had difficulty
obtaining the necessary certificates and
have been adversely affected by the
phytosanitary certificate requirement.
Our proposed change was intended to
make it feasible for those entities to
import small lots of seed and ensure
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prompt and consistent service for such
importers while continuing to protect
against the introduction of plant pests
into the United States and providing the
Animal and Plant Health Inspection
Service (APHIS) with necessary
information about the quality, quantity,
and diversity of the imported material.
We solicited comments on our
proposal for 60 days ending on June 28,
2004. We received 45 comments by that
date, from private citizens, hobbyists,
researchers, horticultural societies,
industry group representatives, and
foreign plant protection organizations.
In all, 42 commenters generally
supported the proposed rule, although
18 of these commenters suggested
specific changes. Three commenters
opposed the proposed rule. The issues
raised by the commenters are discussed
below.
Three commenters stated that the
proposed changes represented a
lessening of restrictions which would
allow the introduction of plant pests
into the United States.
We disagree. We are confident that
the same assurances and information
gained through the use of a
phytosanitary certificate will be
obtained through the permitting process
described in this final rule. A
phytosanitary certificate, as defined in
§ 319.37–1 of the regulations, is ‘‘A
document relating to a restricted article,
which is issued by a plant protection
official of the country in which the
restricted article was grown, which is
issued not more than 15 days prior to
shipment of the restricted article from
the country in which grown, which is
addressed to the plant protection service
of the United States (APHIS’ Plant
Protection and Quarantine [PPQ]
program), which contains a description
of the restricted article intended to be
imported into the United States, which
certifies that the article has been
thoroughly inspected, is believed to be
free from injurious plant diseases,
injurious insect pests, and other plant
pests, and is otherwise believed to be
eligible for importation pursuant to the
current phytosanitary laws and
regulations of the United States, and
which contains any specific additional
declarations required under this
subpart.’’
The first part of that definition can be
characterized as being administrative in
nature (who issues the certificate, when
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it is issued, and to whom it is
addressed). With respect to the
remainder of the definition, we offer the
following comparisons:
• ‘‘Which contains a description of
the restricted article intended to be
imported into the United States.’’ This
will be covered by the permit
application, in which we ask for
approximate quantity (which, for small
lots of seed, is limited by the
regulations) and kinds (botanical
designations) of articles intended to be
imported, and on the permit itself,
which will identify the amount and
nature of the articles authorized
importation by the permit.
• ‘‘Which certifies that the article has
been thoroughly inspected.’’ The permit
will direct that the seeds first go to the
Plant Germplasm Quarantine Center in
Beltsville, MD, or to a USDA plant
inspection station where a thorough
inspection will occur.
• ‘‘Is believed to be free from
injurious plant diseases, injurious insect
pests, and other plant pests.’’ The
outcome of the inspection cited above
will be determinative of whether the
seeds are allowed entry into the United
States; if pests are found, the shipment
will be treated, re-exported, or
destroyed.
• ‘‘Is otherwise believed to be eligible
for importation pursuant to the current
phytosanitary laws and regulations of
the United States.’’ We will ascertain
this during our review of the permit
application, based on the applicant’s
description of the articles for which a
permit is being sought.
• ‘‘And which contains any specific
additional declarations required under
this subpart.’’ Under section 319.37–
4(d)(2) of this final rule, seeds that
require an additional declaration (such
requirements are contained in section
319.37–5 of the regulations) are not
eligible for importation without a
phytosanitary certificate.
Given the above, we believe that the
permitting process for small lots of seed
provided for in this rule will ensure a
level of protection equivalent to that
provided by a phytosanitary certificate.
In the proposed rule, section 319.37–
4(d)(3) provided, among other things,
that there be a maximum of 50 seeds of
1 taxon (taxonomic category such as
genus, species, cultivar, etc.) per packet,
with a maximum of 50 seed packets per
shipment, and that the seed packets be
in gas permeable packages. Several
commenters pointed out that some
seeds, such as orchid seeds, are very
small in size and asked that we include
a maximum weight per packet as an
alternative to the maximum number of
seeds per packet. Other commenters,
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noting that some types of seed must be
kept moist to remain viable, asked that
we remove the requirement for gas
permeable packaging.
We agree with the points raised by
these commenters and have modified
section 319.37–4(d)(3) in this final rule
to allow either a maximum seed number
or maximum seed weight for each taxon
in a seed packet, either 50 seeds of 1
taxon per packet or 10 grams of seed of
1 taxon per packet.
We have also modified section
319.37–4(d)(3) in this final rule to allow
the use of any typical seed packaging
(e.g., clear plastic resealable packets, gas
permeable packets, etc.). In connection
with this change, we note that shipping
small lots of seed in clear plastic,
resealable packets, where the seed
occupies less than a single layer in the
packet, may potentially expedite these
shipments through the inspection
process, as this type of packaging allows
inspectors, in most cases, to view the
seed directly through the plastic, rather
than opening the packets and emptying
the seed for inspection.
Five commenters were concerned that
the process and cost for obtaining the
import permits required as outlined in
the proposed rule were still too
restrictive and cost prohibitive to
hobbyists and seed exchange
organizations.
This rule is designed to eliminate the
difficulties small entities have obtaining
phytosanitary certificates for small lots
of seed by allowing the importation of
small lots of seed under an import
permit with specific conditions as an
alternative to the current phytosanitary
certificate requirement. However, as
discussed above, in order to provide a
level of protection equivalent to that
provided by the phytosanitary
certificate, it is necessary that we have
specific requirements that must be met
in order for shipments of small lots of
seed to qualify for importation.
We believe the specific requirements
contained in this rule are feasible for
those entities, and will ensure prompt
and consistent service for such
importers. APHIS does not charge a fee
for the issuance of the permit required
under this rule. Further, the shipping
costs incurred by importers of small lots
of seed as a result of these changes are
likely to be much less than the costs of
obtaining a phytosanitary certificate as
required under the current regulations,
which, as noted in the proposed rule,
vary by country but can be as much as
$100 or more and can be equal to
several times the value of the
commodity itself. These changes are
expected to decrease the current
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economic burden on importers of small
lots of seed.
In section 319.37–4, we proposed
several additional requirements that
would have to be met in order for
shipments of small lots of seed to
qualify for importation under a permit.
One of the requirements would be that
the shipment must be free from soil,
plant material other than seed, other
foreign matter or debris, seeds in the
fruit or seed pod, and living organisms
such as parasitic plants, pathogens,
insects, snails, or mites. One commenter
suggested that we clarify this language
to make it clear that this requirement
does not necessitate the removal of
normal integral parts or appendages of
the seeds. The commenter stated that
removal of these appendages is very
difficult, if not impossible, and damage
to the seeds while trying to remove
them could be severe enough to reduce
or destroy seed viability.
We believe that our inspectors will be
readily able to differentiate between
normal integral parts or appendages of
seed and those articles listed in the
proposed rule and this final rule as
prohibited (e.g., plant material other
than seed or other foreign matter or
debris). Thus, we do not believe it is
necessary to include the clarification
sought by the commenter in this final
rule.
In section 319.37–4, we also proposed
that shipments of seed would have to be
free from pesticides. One commenter
suggested that we allow the importation
of seeds treated with effective
fungicides, such as Thiram, because
much of the small lots of seed available
in retail commerce abroad are already
treated with fungicides.
Treated seeds are not permitted
because fungicides are difficult to
distinguish from one another and may
mask the presence of pathogens. Also,
some fungicides/pesticides are toxic and
may pose health hazards to inspectors.
Therefore, we believe that it is necessary
to keep this restriction to protect against
the introduction of plant pests into the
United States.
Two commenters were concerned that
prohibited or restricted seed would be
imported without the proper regulatory
review and encouraged APHIS to clarify
the requirements that apply to the
importation of small lots of such seed
(e.g., genetically modified seed or potato
seed).
This rule applies only to seeds that
are already enterable under the current
regulations. We stated in section
319.37–4(d)(2) of the proposed rule that
permits in lieu of phytosanitary
certificates would be available only for
seed that is not of any prohibited genera
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as listed in section 319.37–2 of the
regulations; is not of any noxious weed
species listed in 7 CFR part 360; does
not require an additional declaration on
a phytosanitary certificate in accordance
with section 319.37–5 of the regulations;
does not require treatment in
accordance with section 319.37–6 of the
regulations; and is eligible for
importation under the regulations
regarding plant pests in 7 CFR part 330
and the imported seed regulations in 7
CFR part 361.
We believe that these conditions make
it clear that seed that is prohibited or
subject to additional restrictions under
other provisions of our regulations
would not be eligible for importation
under permit in lieu of a phytosanitary
certificate. However, the commenter’s
mention of genetically modified seed
has led us to include a reference to our
regulations in 7 CFR part 340 regarding
genetically modified organisms in
section 319.37–4(d)(2) of this final rule.
Specifically citing part 340 will make it
clear that seeds subject to the
regulations in that part are not eligible
for importation under the permitting
provisions described in this final rule.
One commenter suggested that we
change the import permit to allow
‘‘worldwide’’ as an acceptable country
of origin, or that we allow importers to
make Internet updates to requested
countries of origin on a yearly, or more
frequent, basis. The commenter also
suggested that we remove the ‘‘predict
quantity of seeds in shipment’’ data
element from the permit application.
Normally, we use country-of-origin
information to help us determine a
commodity’s eligibility for importation.
However, given that the regulations in
section 319.37–4(d)(2) clearly spell out
the kinds of seed that are eligible for
importation under a small lots of seed
permit (i.e., the seed is not of any
prohibited genera listed in section
319.37–2; is not of any noxious weed
species listed in 7 CFR part 360, etc.),
we believe that specific country-oforigin information in this case is not as
necessary as it might be otherwise.
While we would expect that an
applicant would indicate a specific
country or countries on the permit
application if he or she had a particular
source for the seeds in mind, we agree
with the commenter’s suggestion and
will allow ‘‘worldwide’’ to be used as
the origin of shipments covered under a
small lots of seed permit and will
include information to that effect in the
instructions that will accompany the
permit application.
In its current configuration, APHIS’
Internet-based permitting mechanism—
the APHIS Import Authorization
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System—cannot accept amendments to
or renewals of the type of permit that
will be issued for small lots of seed (i.e.,
PPQ Form 587, Application for Permit
to Import Plants or Plant Products).
However, the instructions that
accompany PPQ Form 587 do include
information and instructions for
requesting an amendment to or renewal
of a current permit, so the update option
suggested by the commenter is also
available, albeit not through the Internet
at this time.
With respect to the commenter’s
suggestion that we remove the ‘‘predict
quantity of seeds in shipment’’ data
element from the permit application, we
had expected to use that information to
allow the permit specialist to determine
whether the quantity of seeds the permit
applicant was seeking to import was
within the eligibility limits set for the
small lots of seed permit. However,
given that the regulations do limit the
quantity of seed that may be imported
under a small lots of seed permit (i.e.,
a maximum of 50 seeds of 1 taxon per
packet or a maximum weight not to
exceed 10 grams of seed of 1 taxon per
packet, up to a maximum of 50 packets
per shipment), we agree that it is not
necessary for the applicant to predict
the quantity of seeds in a shipment.
Because the form that will be used (PPQ
Form 587) is also used for other articles,
the ‘‘predict quantity’’ data element will
remain on the form; however, the
instructions that will accompany the
permit application will direct applicants
seeking to import seed in quantities
within those eligibility limits to indicate
that he or she is requesting a permit to
import small lots of seed, which
removes the need for the applicant to
predict quantities in such cases.
PPQ will update its ‘‘Plants and Plant
Products Permits’’ Web site (https://
www.aphis.usda.gov/ppq/permits/
plantproducts/nursery.html) to provide
information on those plant taxa (e.g.,
noxious weeds, plants that are
prohibited or otherwise restricted under
the regulations, etc.) that are not eligible
for import under the small lots of seed
permit. This Web site will also contain
instructions for obtaining and
completing a permit application and
requesting an amendment to or renewal
of a current permit, as well as other
related information.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, with the changes discussed in this
document.
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19099
Executive Order 12866 and Regulatory
Flexibility Act
This rule has been reviewed under
Executive Order 12866. The rule has
been determined to be significant for the
purposes of Executive Order 12866 and,
therefore, has been reviewed by the
Office of Management and Budget.
In this document, we are amending
the nursery stock regulations to allow
the importation of small lots of seed
under an import permit with specific
conditions, as an alternative to the
current phytosanitary certificate
requirement. This change is necessary
because several entities that import
small lots of seed—individual
importers, scientists, horticultural
societies, arboreta, and small
businesses—have had difficulty
obtaining the necessary certificates and
have been adversely affected by the
phytosanitary certificate requirement.
The change makes it feasible for those
entities to import small lots of seed and
ensures prompt and consistent service
for such importers while continuing to
protect against the introduction of plant
pests into the United States and
providing APHIS with necessary
information about the quality, quantity,
and diversity of the imported material.
For this final rule, we have prepared
an economic analysis, which is set out
below. The economic analysis provides
a cost-benefit analysis as required by
Executive Order 12866 and an analysis
of the potential economic effects of this
rule on small entities as required by the
Regulatory Flexibility Act.
Seed production and trade play
important roles in the U.S. economy.
The total market value of seeds
purchased by farmers in 2001 was about
$7.6 billion, and cash receipts from
these crops were valued at about $96
billion for the same year.1 The United
States is a net exporter of seeds. During
the 2001–2002 seed marketing year,
which runs from July through June, the
United States exported 1,963 million
pounds of planting seeds, valued at
approximately $823 million, and
imported 653 million pounds of seeds,
valued at approximately $398 million.
Although U.S. exports of planting
seeds are widely distributed among
several different trading partners, there
are 10 countries that together account
for about 75 percent of the total U.S.
seed exports (table 1). Imports of
planting seed into the United States also
come from several different countries.
The top 10 suppliers together account
for approximately 84 percent of the total
U.S. imports of planting seed (table 1).
1 USDA/National Agricultural Statistics Service,
Agricultural Statistics 2002, June 2002.
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TABLE 1.—U.S. EXPORTS AND IMPORTS OF PLANTING SEEDS IN 2001–2002
U.S. exports (in million $)
U.S. imports (in million $)
Mexico .....................................................................................
Canada ...................................................................................
Japan ......................................................................................
Italy .........................................................................................
France .....................................................................................
Netherlands ............................................................................
Spain .......................................................................................
China ......................................................................................
Korea ......................................................................................
Saudi Arabia ...........................................................................
249.9
125.6
59.1
40.6
36.6
32.2
24.2
16.1
15.4
13.8
Chile .......................................................................................
Mexico ....................................................................................
Netherlands ............................................................................
Argentina ................................................................................
China ......................................................................................
Japan ......................................................................................
Finland ....................................................................................
Australia ..................................................................................
Denmark .................................................................................
India ........................................................................................
105.8
105
36.5
21.2
17.9
14
11.1
8.3
7.5
7.1
Source: USDA/Foreign Agricultural Service, Foreign Agricultural Trade of the United States, Revised March 2003; USDA/Foreign Agricultural
Service, U.S. Planting Seed Trade Archives, August 2002.
Many varieties of seed are traded
between the United States and other
countries. The major categories include
grasses, other forages, pulses,
vegetables, field crops, and
miscellaneous varieties of plants
(flowers, trees, and shrubs). Field crops
are the largest category of seed exports
and imports (table 2).
TABLE 2.—TYPES AND VALUE OF SEED TRADED BETWEEN THE UNITED STATES AND TRADING PARTNERS
Export
(in million $)
Type of seed
Field crops .......................................................................................................................................................
Vegetable .........................................................................................................................................................
Grasses ............................................................................................................................................................
Miscellaneous ..................................................................................................................................................
Forage ..............................................................................................................................................................
Pulses ..............................................................................................................................................................
315
251
103
67
49
40
Import
(in million $)
131
104
35
60
21
49
Source: USDA/Foreign Agricultural Service, Foreign Agricultural Trade of the United States, Revised March 2003; USDA/Foreign Agricultural
Service, U.S. Planting Seed Trade Archives, August 2002.
The availability of seeds of good
quality contributes to domestic
production of food grains, field crops,
cotton, oil crops, vegetables, herbs,
flowers, trees, and shrubs. There are
close to 900 seed companies in the
United States that engage in certified
seed trade (domestic and international).
In addition, specialized groups such as
horticultural societies, arboreta, and
individual hobbyists collect, grow,
exhibit, preserve, exchange, and donate
specialty seeds and often import small
lots of seed.
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Costs and Benefits
The changes in this rule will not
result in any increase in mandatory
spending for the Federal Government,
which already provides permitting and
port of entry inspection services. The
changes in procedures for small lots of
seed will be accomplished through
normal workload adjustment; although
specialists may be spending slightly
more time in the near future issuing
permits for and inspecting seed
packages than in the past, we will
handle this work in the same way we
handle all normal fluctuations of work
for permitting and inspection. Our
permitting and inspection costs overall
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will not increase as a result of this
action.
The changes are expected to generate
several benefits without increasing costs
for affected private entities. Plant
specialists, gardeners, arboreta, and
horticultural societies will be able to
more widely acquire new kinds of seeds
to expand plant diversity, such as plant
species that are drought- or diseaseresistant or other unique types of plants.
Private gardeners will benefit from an
increased availability of special seeds.
Also, the entry of imported seeds
through plant inspection stations will
provide APHIS with a more accurate
picture of seed import activity, using
data generated from permit issuance and
the actual importation data from U.S.
ports of entry. Finally, we expect that
the risk of the introduction or
dissemination of plant diseases will be
reduced, to the extent that any seeds
that are currently being imported
illegally because of the costs or other
difficulties associated with obtaining a
phytosanitary certificate are replaced by
seeds that are legally imported under
permit and subjected to inspection.
Compared to the costs associated with
obtaining a phytosanitary certificate,
shipping costs, which will be discussed
in the following paragraphs, should not
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be a burden on importers of small lots
of seed and should not be appreciably
more than shipping costs importers
must already pay in order to import
seeds from overseas suppliers.
Shipping Costs
As discussed in the proposed rule and
as provided in this final rule, importers
will be responsible for transportation
costs from the overseas seed supplier to
the PPQ plant inspection station and the
costs of shipping the seed from the plant
inspection station to the importer’s
address. APHIS–PPQ has estimated
shipping costs for importers of small
lots of seed using a worst case scenario
of a shipment of 50 packets of 50 corn
seeds per packet (the maximum
shipment size that would be allowed
under this rule), which would weigh
less than 2 pounds. Currently, this
shipment would cost $4.49 for parcel
post and $5.75 for priority mail to ship
the seeds from the inspection station at
Beltsville, MD, to the farthest
destination within the United States.
Corn seed was used in this example
because it is considerably heavier than
most ornamental seed, which is the type
expected to be shipped. Shipping costs
for smaller, lightweight seeds would be
much less than those in the example.
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Currently, importers who import
articles that require inspection, such as
will be the case with small lots of seed,
cover the costs of shipping the article
from the plant inspection station to the
importer’s address, using one of two
options: (1) Provide a shipping
container and the estimated amount of
postage necessary to the overseas
supplier who would then send it along
with the shipment to the plant
inspection station, or (2) provide an
account number for the United States
Postal Service or for a commercial
shipping service to be charged by the
inspectors at the plant inspection
station.
In general, the shipping costs incurred
by importers of small lots of seed as a
result of these changes would be much
less than the costs of obtaining a
phytosanitary certificate as required
under the current regulations, which, as
noted previously, vary by country but
can be as much as $100 or more and can
be equal to several times the value of the
commodity itself. These changes are
expected to decrease the current
economic burden on importers of small
lots of seed.
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Impact on Small Entities
The Small Business Administration
(SBA) has established size standards
based on the North American Industry
Classification System (NAICS) to
determine and to classify which
economic entities can be considered
small entities. The SBA classifies seed
companies (NAICS 422910) 2 as small if
they employ 100 or fewer workers.
There are close to 900 seed companies
that are involved in certified seed trade
(domestic and international) in the
United States. About 97 percent of these
companies would be considered small
by SBA standards. In addition, groups
such as horticultural societies, arboreta,
and individual hobbyists collect, grow,
exhibit, preserve, exchange, donate, and
import small lots of seeds. The size of
these entities is difficult to determine,
and the exact number of seed importers
is not known. This final rule will
primarily affect those entities who
import small lots of seed. Based on
information that we have received from
several horticultural societies and from
various individuals and small
businesses that currently import small
lots of seed, we expect approximately
2,000 import permit applications over
the first 5 years, so approximately 400
import permit applications are expected
per year.
2 U.S. Census Bureau, 1997 Economic Census,
Wholesale Trade-Subject Series, August 2000.
VerDate Aug<31>2005
14:13 Apr 12, 2006
Jkt 208001
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action will not
have a significant economic impact on
a substantial number of small entities.
Executive Order 12988
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts
all State and local laws and regulations
that are inconsistent with this rule; (2)
has no retroactive effect; and (3) does
not require administrative proceedings
before parties may file suit in court
challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), the information collection or
recordkeeping requirements included in
this rule have been approved by the
Office of Management and Budget
(OMB) under OMB control number
0579–0285.
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 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, Imports, Logs,
Nursery stock, Plant diseases and pests,
Quarantine, Reporting and
recordkeeping requirements, Rice,
Vegetables.
I Accordingly, we are amending 7 CFR
part 319 as follows:
PART 319—FOREIGN QUARANTINE
NOTICES
1. The authority citation for part 319
continues to read as follows:
I
Authority: 7 U.S.C. 450, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
2. Section 319.37–3 is amended as
follows:
I a. In paragraph (a)(16), by removing
the period at the end of the paragraph
and adding a semicolon in its place.
I b. In paragraph (a)(17), by removing
the period at the end of the paragraph
I
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
19101
and adding the word ‘‘; and’’ in its
place.
I c. By adding a new paragraph (a)(18)
to read as set forth below.
§ 319.37–3
Permits.
(a) * * *
(18) Small lots of seed imported in
accordance with § 319.37–4(d) of this
subpart.
*
*
*
*
*
I 3. Section 319.37–4 is amended as
follows:
I a. In paragraph (a), by removing the
word ‘‘Any’’ and adding the words
‘‘Except for small lots of seed imported
in accordance with paragraph (d) of this
section, any’’ in its place.
I b. By adding a new paragraph (d) to
read as set forth below.
I c. By adding an OMB control number
citation at the end of the section to read
as set forth below.
§ 319.37–4 Inspection, treatment, and
phytosanitary certificates of inspection.
*
*
*
*
*
(d) Small lots of seed. Lots of seed
may be imported without a
phytosanitary certificate required by
paragraph (a) of this section under the
following conditions:
(1) The importation of the seed is
authorized by a written permit issued in
accordance with § 319.37–3.
(2) The seed is not of any prohibited
genera listed in § 319.37–2; is not of any
noxious weed species listed in part 360
of this chapter; does not require an
additional declaration on a
phytosanitary certificate in accordance
with § 319.37–5; does not require
treatment in accordance with § 319.37–
6; is not restricted under the regulations
in parts 330 and 340 of this chapter; and
meets the requirements of part 361 of
this chapter.
(3) The seed meets the following
packaging and shipping requirements:
(i) Each seed packet is clearly labeled
with the name of the collector/shipper,
the country of origin, and the scientific
name at least to the genus, and
preferably to the species, level;
(ii) There are a maximum of 50 seeds
of 1 taxon (taxonomic category such as
genus, species, cultivar, etc.) per packet;
or a maximum weight not to exceed 10
grams of seed of 1 taxon per packet;
(iii) There are a maximum of 50 seed
packets per shipment;
(iv) The seeds are free from pesticides;
(v) The seeds are securely packaged in
packets or envelopes and sealed to
prevent spillage;
(vi) The shipment is free from soil,
plant material other than seed, other
foreign matter or debris, seeds in the
fruit or seed pod, and living organisms
E:\FR\FM\13APR1.SGM
13APR1
19102
Federal Register / Vol. 71, No. 71 / Thursday, April 13, 2006 / Rules and Regulations
such as parasitic plants, pathogens,
insects, snails, mites; and
(vii) At the time of importation, the
shipment is sent to either the Plant
Germplasm Quarantine Center in
Beltsville, MD, or a port of entry listed
in § 319.37–14(b) and designated by an
asterisk.
(Approved by the Office of Management and
Budget under control number 0579–0285)
Done in Washington, DC, this 6th day of
April 2006.
Charles D. Lambert,
Acting Under Secretary for Marketing and
Regulatory Programs.
[FR Doc. 06–3554 Filed 4–12–06; 8:45 am]
BILLING CODE 3410–34–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 110
RIN 3150–AH89
Revision of NRC Form 7, Application
for NRC Export/Import License,
Amendment, or Renewal
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
HSRObinson on PROD1PC61 with RULES
AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC) is amending its
regulations that govern the export and
import of nuclear material and
equipment concerning the use of NRC
Form 7, ‘‘Application for NRC Export/
Import License, Amendment, or
Renewal.’’ Recently, the Commission
revised NRC Form 7 to consolidate all
license requests (i.e., applications for
export, import, combined export/
import, amendments and renewals) in
one application form. Previously, NRC
Form 7 was used only for applications
for export of nuclear material and
equipment. Import license applications,
production or utilization facility export
applications, and license amendment
and renewal applications were filed by
letter. As a result of the revision, these
requests previously made by letter, now
will be made using NRC Form 7. The
purpose of this change is to amend the
regulations that govern export and
import of nuclear material and
equipment to reflect that all license
requests are to be made using NRC Form
7, as revised.
DATES: The final rule will become
effective June 27, 2006, unless a
significant adverse comment on the
direct final rule is received by May 15,
2006. If the rule is withdrawn as a result
of such a comment, timely notice of the
withdrawal will be published in the
VerDate Aug<31>2005
14:13 Apr 12, 2006
Jkt 208001
Federal Register. Comments received
after May 15, 2006 will be considered if
it is practical to do so, but the NRC is
able to ensure only that comments
received on or before this date will be
considered.
ADDRESSES: You may submit comments
by any one of the following methods.
Please include the following number
RIN 3150–AH89 in the subject line of
your comments. Comments on
rulemakings submitted in writing or in
electronic form will be made available
for public inspection. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
personal information such as social
security numbers and birth dates in
your submissions.
Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
E-mail comments to: SECY@nrc.gov. If
you do not receive a reply e-mail
confirming that we have received your
comments, contact us directly at (301)
415–1966. You may also submit
comments via the NRC’s rulemaking
Web site at https://ruleforum.llnl.gov.
Address questions about our rulemaking
Web site to Carol Gallagher (301) 415–
5905; e-mail CAG@nrc.gov. Comments
also can be submitted via the Federal
eRulemaking Portal https://
regulations.gov.
Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
on Federal workdays.
Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at (301)
415–1101.
Publicly available documents related
to this rulemaking may be viewed
electronically on the public computers
located at the NRC’s Public Document
Room (PDR), Public File Area O1F21,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland. Selected
documents, including comments, may
be viewed and downloaded
electronically via the NRC rulemaking
Web site at https://ruleforum.llnl.gov.
Publicly available documents created
or received at the NRC after November
1, 1999, are available electronically at
the NRC’s Electronic Reading Room at
https://www.nrc.gov/NRC/reading-rm/
adams.html. From this site, the public
can gain entry into the NRC’s
Agencywide Document Access and
Management System (ADAMS), which
provides text and image files of NRC’s
public documents. If you do not have
access to ADAMS or if there are
problems in accessing the documents
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
located in ADAMS, contact the NRC
Public Document Room (PDR) Reference
staff at 1–800–397–4209, 301–415–4737
or by e-mail to PDR@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
Brooke G. Smith, International Policy
Analyst, Office of International
Programs, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone (301) 415–2347, e-mail
bgs@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. The Direct Final Rule Process
This direct final rule amends 10 CFR
part 110 to reflect revisions made to
NRC Form 7 regarding the method for
filing import and export license
requests. All licensing requests, i.e.,
exports, imports, combined export/
import, amendment, and renewal
applications will be made using revised
NRC Form 7. Import license
applications, production or utilization
facility export license applications, and
import/export license amendment and
renewal applications will no longer be
filed by letter. This direct final rule
codifies the revisions to NRC Form 7 in
10 CFR part 110.
Because the NRC believes that this
action is not controversial, the NRC is
using the direct final rule process for
this rule. The direct final rule will
become effective on June 27, 2006.
However, if the NRC receives a
significant adverse comment on this
direct final rule by May 15, 2006, the
NRC will publish a document that
withdraws this action. In that event, the
comments received in response to these
amendments would then be considered
as comments on the companion
proposed rule published elsewhere in
this Federal Register. The comments
will be addressed in a later final rule
based on that proposed rule. Unless the
modifications to the proposed rule are
significant enough to require that it be
republished as a proposed rule, the NRC
will not initiate a second comment
period on this action.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the NRC staff
to reevaluate (or reconsider) its position
or conduct additional analysis;
E:\FR\FM\13APR1.SGM
13APR1
]]>Agencies
[Federal Register Volume 71, Number 71 (Thursday, April 13, 2006)]
[Rules and Regulations]
[Pages 19097-19102]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3554]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 71, No. 71 / Thursday, April 13, 2006 / Rules
and Regulations
[[Page 19097]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 02-119-2]
RIN 0579-AB78
Importation of Small Lots of Seed Without Phytosanitary
Certificates
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the nursery stock regulations to allow the
importation of small lots of seed under an import permit with specific
conditions, as an alternative to the current phytosanitary certificate
requirement. This change is necessary because several entities that
import small lots of seed--individual importers, scientists,
horticultural societies, arboreta, and small businesses--have had
difficulty obtaining the necessary certificates and have been adversely
affected by the phytosanitary certificate requirement. The change makes
it feasible for those entities to import small lots of seed and ensures
prompt and consistent service for such importers while continuing to
protect against the introduction of plant pests into the United States
and providing the Animal and Plant Health Inspection Service with
necessary information about the quality, quantity, and diversity of the
imported material.
DATES: Effective Date: May 15, 2006.
FOR FURTHER INFORMATION CONTACT: Dr. Arnold Tschanz, Senior Staff
Officer, Regulatory Coordination Staff, PPQ, APHIS, 4700 River Road
Unit 141, Riverdale, MD 20737-1236; (301) 734-5306.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 319 prohibit or restrict the
importation into the United States of certain plants and plant products
to prevent the introduction of plant pests and noxious weeds into the
United States. The regulations contained in ``Subpart--Nursery Stock,
Plants, Roots, Bulbs, Seeds, and Other Plant Products'' (sections
319.37 through 319.37-14, referred to below as the regulations)
prohibit or restrict, among other things, the importation of living
plants, plant parts, and seeds for propagation.
Nursery stock, plants, seeds, and other propagative plant material
that cannot be feasibly inspected, treated, or handled to prevent them
from introducing plant pests new to or not widely distributed in the
United States are listed in the regulations as prohibited articles.
Prohibited articles may not be imported into the United States, unless
imported by the U.S. Department of Agriculture (USDA) for experimental
or scientific purposes under specified safeguards.
All other nursery stock, plants, seeds, and other propagative plant
material that can be inspected, treated, or handled to prevent them
from introducing plant pests are considered restricted articles.
Restricted articles may be imported into the United States if they are
imported in compliance with conditions that include a phytosanitary
certificate and port of entry inspection and that may include the need
for a permit, treatment, or postentry quarantine.
On April 29, 2004, we published in the Federal Register (69 FR
23451-23456, Docket No. 02-119-1) a proposed rule to amend the nursery
stock regulations to allow the importation of small lots of seed under
an import permit, with specific conditions, as an alternative to the
current phytosanitary certificate requirement. We proposed this change
because several entities that import small lots of seed--individual
importers, scientists, horticultural societies, arboreta, and small
businesses--have had difficulty obtaining the necessary certificates
and have been adversely affected by the phytosanitary certificate
requirement. Our proposed change was intended to make it feasible for
those entities to import small lots of seed and ensure prompt and
consistent service for such importers while continuing to protect
against the introduction of plant pests into the United States and
providing the Animal and Plant Health Inspection Service (APHIS) with
necessary information about the quality, quantity, and diversity of the
imported material.
We solicited comments on our proposal for 60 days ending on June
28, 2004. We received 45 comments by that date, from private citizens,
hobbyists, researchers, horticultural societies, industry group
representatives, and foreign plant protection organizations. In all, 42
commenters generally supported the proposed rule, although 18 of these
commenters suggested specific changes. Three commenters opposed the
proposed rule. The issues raised by the commenters are discussed below.
Three commenters stated that the proposed changes represented a
lessening of restrictions which would allow the introduction of plant
pests into the United States.
We disagree. We are confident that the same assurances and
information gained through the use of a phytosanitary certificate will
be obtained through the permitting process described in this final
rule. A phytosanitary certificate, as defined in Sec. 319.37-1 of the
regulations, is ``A document relating to a restricted article, which is
issued by a plant protection official of the country in which the
restricted article was grown, which is issued not more than 15 days
prior to shipment of the restricted article from the country in which
grown, which is addressed to the plant protection service of the United
States (APHIS' Plant Protection and Quarantine [PPQ] program), which
contains a description of the restricted article intended to be
imported into the United States, which certifies that the article has
been thoroughly inspected, is believed to be free from injurious plant
diseases, injurious insect pests, and other plant pests, and is
otherwise believed to be eligible for importation pursuant to the
current phytosanitary laws and regulations of the United States, and
which contains any specific additional declarations required under this
subpart.''
The first part of that definition can be characterized as being
administrative in nature (who issues the certificate, when
[[Page 19098]]
it is issued, and to whom it is addressed). With respect to the
remainder of the definition, we offer the following comparisons:
``Which contains a description of the restricted article
intended to be imported into the United States.'' This will be covered
by the permit application, in which we ask for approximate quantity
(which, for small lots of seed, is limited by the regulations) and
kinds (botanical designations) of articles intended to be imported, and
on the permit itself, which will identify the amount and nature of the
articles authorized importation by the permit.
``Which certifies that the article has been thoroughly
inspected.'' The permit will direct that the seeds first go to the
Plant Germplasm Quarantine Center in Beltsville, MD, or to a USDA plant
inspection station where a thorough inspection will occur.
``Is believed to be free from injurious plant diseases,
injurious insect pests, and other plant pests.'' The outcome of the
inspection cited above will be determinative of whether the seeds are
allowed entry into the United States; if pests are found, the shipment
will be treated, re-exported, or destroyed.
``Is otherwise believed to be eligible for importation
pursuant to the current phytosanitary laws and regulations of the
United States.'' We will ascertain this during our review of the permit
application, based on the applicant's description of the articles for
which a permit is being sought.
``And which contains any specific additional declarations
required under this subpart.'' Under section 319.37-4(d)(2) of this
final rule, seeds that require an additional declaration (such
requirements are contained in section 319.37-5 of the regulations) are
not eligible for importation without a phytosanitary certificate.
Given the above, we believe that the permitting process for small
lots of seed provided for in this rule will ensure a level of
protection equivalent to that provided by a phytosanitary certificate.
In the proposed rule, section 319.37-4(d)(3) provided, among other
things, that there be a maximum of 50 seeds of 1 taxon (taxonomic
category such as genus, species, cultivar, etc.) per packet, with a
maximum of 50 seed packets per shipment, and that the seed packets be
in gas permeable packages. Several commenters pointed out that some
seeds, such as orchid seeds, are very small in size and asked that we
include a maximum weight per packet as an alternative to the maximum
number of seeds per packet. Other commenters, noting that some types of
seed must be kept moist to remain viable, asked that we remove the
requirement for gas permeable packaging.
We agree with the points raised by these commenters and have
modified section 319.37-4(d)(3) in this final rule to allow either a
maximum seed number or maximum seed weight for each taxon in a seed
packet, either 50 seeds of 1 taxon per packet or 10 grams of seed of 1
taxon per packet.
We have also modified section 319.37-4(d)(3) in this final rule to
allow the use of any typical seed packaging (e.g., clear plastic
resealable packets, gas permeable packets, etc.). In connection with
this change, we note that shipping small lots of seed in clear plastic,
resealable packets, where the seed occupies less than a single layer in
the packet, may potentially expedite these shipments through the
inspection process, as this type of packaging allows inspectors, in
most cases, to view the seed directly through the plastic, rather than
opening the packets and emptying the seed for inspection.
Five commenters were concerned that the process and cost for
obtaining the import permits required as outlined in the proposed rule
were still too restrictive and cost prohibitive to hobbyists and seed
exchange organizations.
This rule is designed to eliminate the difficulties small entities
have obtaining phytosanitary certificates for small lots of seed by
allowing the importation of small lots of seed under an import permit
with specific conditions as an alternative to the current phytosanitary
certificate requirement. However, as discussed above, in order to
provide a level of protection equivalent to that provided by the
phytosanitary certificate, it is necessary that we have specific
requirements that must be met in order for shipments of small lots of
seed to qualify for importation.
We believe the specific requirements contained in this rule are
feasible for those entities, and will ensure prompt and consistent
service for such importers. APHIS does not charge a fee for the
issuance of the permit required under this rule. Further, the shipping
costs incurred by importers of small lots of seed as a result of these
changes are likely to be much less than the costs of obtaining a
phytosanitary certificate as required under the current regulations,
which, as noted in the proposed rule, vary by country but can be as
much as $100 or more and can be equal to several times the value of the
commodity itself. These changes are expected to decrease the current
economic burden on importers of small lots of seed.
In section 319.37-4, we proposed several additional requirements
that would have to be met in order for shipments of small lots of seed
to qualify for importation under a permit. One of the requirements
would be that the shipment must be free from soil, plant material other
than seed, other foreign matter or debris, seeds in the fruit or seed
pod, and living organisms such as parasitic plants, pathogens, insects,
snails, or mites. One commenter suggested that we clarify this language
to make it clear that this requirement does not necessitate the removal
of normal integral parts or appendages of the seeds. The commenter
stated that removal of these appendages is very difficult, if not
impossible, and damage to the seeds while trying to remove them could
be severe enough to reduce or destroy seed viability.
We believe that our inspectors will be readily able to
differentiate between normal integral parts or appendages of seed and
those articles listed in the proposed rule and this final rule as
prohibited (e.g., plant material other than seed or other foreign
matter or debris). Thus, we do not believe it is necessary to include
the clarification sought by the commenter in this final rule.
In section 319.37-4, we also proposed that shipments of seed would
have to be free from pesticides. One commenter suggested that we allow
the importation of seeds treated with effective fungicides, such as
Thiram, because much of the small lots of seed available in retail
commerce abroad are already treated with fungicides.
Treated seeds are not permitted because fungicides are difficult to
distinguish from one another and may mask the presence of pathogens.
Also, some fungicides/pesticides are toxic and may pose health hazards
to inspectors. Therefore, we believe that it is necessary to keep this
restriction to protect against the introduction of plant pests into the
United States.
Two commenters were concerned that prohibited or restricted seed
would be imported without the proper regulatory review and encouraged
APHIS to clarify the requirements that apply to the importation of
small lots of such seed (e.g., genetically modified seed or potato
seed).
This rule applies only to seeds that are already enterable under
the current regulations. We stated in section 319.37-4(d)(2) of the
proposed rule that permits in lieu of phytosanitary certificates would
be available only for seed that is not of any prohibited genera
[[Page 19099]]
as listed in section 319.37-2 of the regulations; is not of any noxious
weed species listed in 7 CFR part 360; does not require an additional
declaration on a phytosanitary certificate in accordance with section
319.37-5 of the regulations; does not require treatment in accordance
with section 319.37-6 of the regulations; and is eligible for
importation under the regulations regarding plant pests in 7 CFR part
330 and the imported seed regulations in 7 CFR part 361.
We believe that these conditions make it clear that seed that is
prohibited or subject to additional restrictions under other provisions
of our regulations would not be eligible for importation under permit
in lieu of a phytosanitary certificate. However, the commenter's
mention of genetically modified seed has led us to include a reference
to our regulations in 7 CFR part 340 regarding genetically modified
organisms in section 319.37-4(d)(2) of this final rule. Specifically
citing part 340 will make it clear that seeds subject to the
regulations in that part are not eligible for importation under the
permitting provisions described in this final rule.
One commenter suggested that we change the import permit to allow
``worldwide'' as an acceptable country of origin, or that we allow
importers to make Internet updates to requested countries of origin on
a yearly, or more frequent, basis. The commenter also suggested that we
remove the ``predict quantity of seeds in shipment'' data element from
the permit application.
Normally, we use country-of-origin information to help us determine
a commodity's eligibility for importation. However, given that the
regulations in section 319.37-4(d)(2) clearly spell out the kinds of
seed that are eligible for importation under a small lots of seed
permit (i.e., the seed is not of any prohibited genera listed in
section 319.37-2; is not of any noxious weed species listed in 7 CFR
part 360, etc.), we believe that specific country-of-origin information
in this case is not as necessary as it might be otherwise. While we
would expect that an applicant would indicate a specific country or
countries on the permit application if he or she had a particular
source for the seeds in mind, we agree with the commenter's suggestion
and will allow ``worldwide'' to be used as the origin of shipments
covered under a small lots of seed permit and will include information
to that effect in the instructions that will accompany the permit
application.
In its current configuration, APHIS' Internet-based permitting
mechanism--the APHIS Import Authorization System--cannot accept
amendments to or renewals of the type of permit that will be issued for
small lots of seed (i.e., PPQ Form 587, Application for Permit to
Import Plants or Plant Products). However, the instructions that
accompany PPQ Form 587 do include information and instructions for
requesting an amendment to or renewal of a current permit, so the
update option suggested by the commenter is also available, albeit not
through the Internet at this time.
With respect to the commenter's suggestion that we remove the
``predict quantity of seeds in shipment'' data element from the permit
application, we had expected to use that information to allow the
permit specialist to determine whether the quantity of seeds the permit
applicant was seeking to import was within the eligibility limits set
for the small lots of seed permit. However, given that the regulations
do limit the quantity of seed that may be imported under a small lots
of seed permit (i.e., a maximum of 50 seeds of 1 taxon per packet or a
maximum weight not to exceed 10 grams of seed of 1 taxon per packet, up
to a maximum of 50 packets per shipment), we agree that it is not
necessary for the applicant to predict the quantity of seeds in a
shipment. Because the form that will be used (PPQ Form 587) is also
used for other articles, the ``predict quantity'' data element will
remain on the form; however, the instructions that will accompany the
permit application will direct applicants seeking to import seed in
quantities within those eligibility limits to indicate that he or she
is requesting a permit to import small lots of seed, which removes the
need for the applicant to predict quantities in such cases.
PPQ will update its ``Plants and Plant Products Permits'' Web site
(https://www.aphis.usda.gov/ppq/permits/plantproducts/nursery.html) to
provide information on those plant taxa (e.g., noxious weeds, plants
that are prohibited or otherwise restricted under the regulations,
etc.) that are not eligible for import under the small lots of seed
permit. This Web site will also contain instructions for obtaining and
completing a permit application and requesting an amendment to or
renewal of a current permit, as well as other related information.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be significant for the purposes of Executive
Order 12866 and, therefore, has been reviewed by the Office of
Management and Budget.
In this document, we are amending the nursery stock regulations to
allow the importation of small lots of seed under an import permit with
specific conditions, as an alternative to the current phytosanitary
certificate requirement. This change is necessary because several
entities that import small lots of seed--individual importers,
scientists, horticultural societies, arboreta, and small businesses--
have had difficulty obtaining the necessary certificates and have been
adversely affected by the phytosanitary certificate requirement. The
change makes it feasible for those entities to import small lots of
seed and ensures prompt and consistent service for such importers while
continuing to protect against the introduction of plant pests into the
United States and providing APHIS with necessary information about the
quality, quantity, and diversity of the imported material.
For this final rule, we have prepared an economic analysis, which
is set out below. The economic analysis provides a cost-benefit
analysis as required by Executive Order 12866 and an analysis of the
potential economic effects of this rule on small entities as required
by the Regulatory Flexibility Act.
Seed production and trade play important roles in the U.S. economy.
The total market value of seeds purchased by farmers in 2001 was about
$7.6 billion, and cash receipts from these crops were valued at about
$96 billion for the same year.\1\ The United States is a net exporter
of seeds. During the 2001-2002 seed marketing year, which runs from
July through June, the United States exported 1,963 million pounds of
planting seeds, valued at approximately $823 million, and imported 653
million pounds of seeds, valued at approximately $398 million.
---------------------------------------------------------------------------
\1\ USDA/National Agricultural Statistics Service, Agricultural
Statistics 2002, June 2002.
---------------------------------------------------------------------------
Although U.S. exports of planting seeds are widely distributed
among several different trading partners, there are 10 countries that
together account for about 75 percent of the total U.S. seed exports
(table 1). Imports of planting seed into the United States also come
from several different countries. The top 10 suppliers together account
for approximately 84 percent of the total U.S. imports of planting seed
(table 1).
[[Page 19100]]
Table 1.--U.S. Exports and Imports of Planting Seeds in 2001-2002
------------------------------------------------------------------------
------------------------------------------------------------------------
U.S. exports (in million $)U.S. imports (in million $)
------------------------------------------------------------------------
Mexico....................... 249.9 Chile................ 105.8
Canada....................... 125.6 Mexico............... 105
Japan........................ 59.1 Netherlands.......... 36.5
Italy........................ 40.6 Argentina............ 21.2
France....................... 36.6 China................ 17.9
Netherlands.................. 32.2 Japan................ 14
Spain........................ 24.2 Finland.............. 11.1
China........................ 16.1 Australia............ 8.3
Korea........................ 15.4 Denmark.............. 7.5
Saudi Arabia................. 13.8 India................ 7.1
------------------------------------------------------------------------
Source: USDA/Foreign Agricultural Service, Foreign Agricultural Trade of
the United States, Revised March 2003; USDA/Foreign Agricultural
Service, U.S. Planting Seed Trade Archives, August 2002.
Many varieties of seed are traded between the United States and
other countries. The major categories include grasses, other forages,
pulses, vegetables, field crops, and miscellaneous varieties of plants
(flowers, trees, and shrubs). Field crops are the largest category of
seed exports and imports (table 2).
Table 2.--Types and Value of Seed Traded Between the United States and
Trading Partners
------------------------------------------------------------------------
Export (in Import (in
Type of seed million $) million $)
------------------------------------------------------------------------
Field crops......................... 315 131
Vegetable........................... 251 104
Grasses............................. 103 35
Miscellaneous....................... 67 60
Forage.............................. 49 21
Pulses.............................. 40 49
------------------------------------------------------------------------
Source: USDA/Foreign Agricultural Service, Foreign Agricultural Trade of
the United States, Revised March 2003; USDA/Foreign Agricultural
Service, U.S. Planting Seed Trade Archives, August 2002.
The availability of seeds of good quality contributes to domestic
production of food grains, field crops, cotton, oil crops, vegetables,
herbs, flowers, trees, and shrubs. There are close to 900 seed
companies in the United States that engage in certified seed trade
(domestic and international). In addition, specialized groups such as
horticultural societies, arboreta, and individual hobbyists collect,
grow, exhibit, preserve, exchange, and donate specialty seeds and often
import small lots of seed.
Costs and Benefits
The changes in this rule will not result in any increase in
mandatory spending for the Federal Government, which already provides
permitting and port of entry inspection services. The changes in
procedures for small lots of seed will be accomplished through normal
workload adjustment; although specialists may be spending slightly more
time in the near future issuing permits for and inspecting seed
packages than in the past, we will handle this work in the same way we
handle all normal fluctuations of work for permitting and inspection.
Our permitting and inspection costs overall will not increase as a
result of this action.
The changes are expected to generate several benefits without
increasing costs for affected private entities. Plant specialists,
gardeners, arboreta, and horticultural societies will be able to more
widely acquire new kinds of seeds to expand plant diversity, such as
plant species that are drought- or disease-resistant or other unique
types of plants. Private gardeners will benefit from an increased
availability of special seeds. Also, the entry of imported seeds
through plant inspection stations will provide APHIS with a more
accurate picture of seed import activity, using data generated from
permit issuance and the actual importation data from U.S. ports of
entry. Finally, we expect that the risk of the introduction or
dissemination of plant diseases will be reduced, to the extent that any
seeds that are currently being imported illegally because of the costs
or other difficulties associated with obtaining a phytosanitary
certificate are replaced by seeds that are legally imported under
permit and subjected to inspection. Compared to the costs associated
with obtaining a phytosanitary certificate, shipping costs, which will
be discussed in the following paragraphs, should not be a burden on
importers of small lots of seed and should not be appreciably more than
shipping costs importers must already pay in order to import seeds from
overseas suppliers.
Shipping Costs
As discussed in the proposed rule and as provided in this final
rule, importers will be responsible for transportation costs from the
overseas seed supplier to the PPQ plant inspection station and the
costs of shipping the seed from the plant inspection station to the
importer's address. APHIS-PPQ has estimated shipping costs for
importers of small lots of seed using a worst case scenario of a
shipment of 50 packets of 50 corn seeds per packet (the maximum
shipment size that would be allowed under this rule), which would weigh
less than 2 pounds. Currently, this shipment would cost $4.49 for
parcel post and $5.75 for priority mail to ship the seeds from the
inspection station at Beltsville, MD, to the farthest destination
within the United States. Corn seed was used in this example because it
is considerably heavier than most ornamental seed, which is the type
expected to be shipped. Shipping costs for smaller, lightweight seeds
would be much less than those in the example.
[[Page 19101]]
Currently, importers who import articles that require inspection,
such as will be the case with small lots of seed, cover the costs of
shipping the article from the plant inspection station to the
importer's address, using one of two options: (1) Provide a shipping
container and the estimated amount of postage necessary to the overseas
supplier who would then send it along with the shipment to the plant
inspection station, or (2) provide an account number for the United
States Postal Service or for a commercial shipping service to be
charged by the inspectors at the plant inspection station.
In general, the shipping costs incurred by importers of small lots
of seed as a result of these changes would be much less than the costs
of obtaining a phytosanitary certificate as required under the current
regulations, which, as noted previously, vary by country but can be as
much as $100 or more and can be equal to several times the value of the
commodity itself. These changes are expected to decrease the current
economic burden on importers of small lots of seed.
Impact on Small Entities
The Small Business Administration (SBA) has established size
standards based on the North American Industry Classification System
(NAICS) to determine and to classify which economic entities can be
considered small entities. The SBA classifies seed companies (NAICS
422910) \2\ as small if they employ 100 or fewer workers. There are
close to 900 seed companies that are involved in certified seed trade
(domestic and international) in the United States. About 97 percent of
these companies would be considered small by SBA standards. In
addition, groups such as horticultural societies, arboreta, and
individual hobbyists collect, grow, exhibit, preserve, exchange,
donate, and import small lots of seeds. The size of these entities is
difficult to determine, and the exact number of seed importers is not
known. This final rule will primarily affect those entities who import
small lots of seed. Based on information that we have received from
several horticultural societies and from various individuals and small
businesses that currently import small lots of seed, we expect
approximately 2,000 import permit applications over the first 5 years,
so approximately 400 import permit applications are expected per year.
---------------------------------------------------------------------------
\2\ U.S. Census Bureau, 1997 Economic Census, Wholesale Trade-
Subject Series, August 2000.
---------------------------------------------------------------------------
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB) under OMB control number 0579-0285.
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 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, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
0
Accordingly, we are amending 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
1. The authority citation for part 319 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136
and 136a; 7 CFR 2.22, 2.80, and 371.3.
0
2. Section 319.37-3 is amended as follows:
0
a. In paragraph (a)(16), by removing the period at the end of the
paragraph and adding a semicolon in its place.
0
b. In paragraph (a)(17), by removing the period at the end of the
paragraph and adding the word ``; and'' in its place.
0
c. By adding a new paragraph (a)(18) to read as set forth below.
Sec. 319.37-3 Permits.
(a) * * *
(18) Small lots of seed imported in accordance with Sec. 319.37-
4(d) of this subpart.
* * * * *
0
3. Section 319.37-4 is amended as follows:
0
a. In paragraph (a), by removing the word ``Any'' and adding the words
``Except for small lots of seed imported in accordance with paragraph
(d) of this section, any'' in its place.
0
b. By adding a new paragraph (d) to read as set forth below.
0
c. By adding an OMB control number citation at the end of the section
to read as set forth below.
Sec. 319.37-4 Inspection, treatment, and phytosanitary certificates
of inspection.
* * * * *
(d) Small lots of seed. Lots of seed may be imported without a
phytosanitary certificate required by paragraph (a) of this section
under the following conditions:
(1) The importation of the seed is authorized by a written permit
issued in accordance with Sec. 319.37-3.
(2) The seed is not of any prohibited genera listed in Sec.
319.37-2; is not of any noxious weed species listed in part 360 of this
chapter; does not require an additional declaration on a phytosanitary
certificate in accordance with Sec. 319.37-5; does not require
treatment in accordance with Sec. 319.37-6; is not restricted under
the regulations in parts 330 and 340 of this chapter; and meets the
requirements of part 361 of this chapter.
(3) The seed meets the following packaging and shipping
requirements:
(i) Each seed packet is clearly labeled with the name of the
collector/shipper, the country of origin, and the scientific name at
least to the genus, and preferably to the species, level;
(ii) There are a maximum of 50 seeds of 1 taxon (taxonomic category
such as genus, species, cultivar, etc.) per packet; or a maximum weight
not to exceed 10 grams of seed of 1 taxon per packet;
(iii) There are a maximum of 50 seed packets per shipment;
(iv) The seeds are free from pesticides;
(v) The seeds are securely packaged in packets or envelopes and
sealed to prevent spillage;
(vi) The shipment is free from soil, plant material other than
seed, other foreign matter or debris, seeds in the fruit or seed pod,
and living organisms
[[Page 19102]]
such as parasitic plants, pathogens, insects, snails, mites; and
(vii) At the time of importation, the shipment is sent to either
the Plant Germplasm Quarantine Center in Beltsville, MD, or a port of
entry listed in Sec. 319.37-14(b) and designated by an asterisk.
(Approved by the Office of Management and Budget under control
number 0579-0285)
Done in Washington, DC, this 6th day of April 2006.
Charles D. Lambert,
Acting Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 06-3554 Filed 4-12-06; 8:45 am]
BILLING CODE 3410-34-P
