Importation of Nursery Stock; Technical Amendment, 67635 [E7-23282]

Download as PDF 67635 Rules and Regulations Federal Register Vol. 72, No. 230 Friday, November 30, 2007 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. DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. 03–002–6] RIN 0579–AC51 Importation of Nursery Stock; Technical Amendment Animal and Plant Health Inspection Service, USDA. ACTION: Final rule; technical amendment. AGENCY: SUMMARY: In a final rule that was published in the Federal Register on August 6, 2007, and effective on September 5, 2007, we amended the regulations governing the importation of nursery stock by making several changes, including allowing the importation of restricted articles in tissue culture medium that is not transparent or translucent. It was our intent that the amended regulations only allow the use of agar or agar-like tissue culture medium. In this amendment, we are amending the regulation to clarify that intent. EFFECTIVE DATE: November 30, 2007. FOR FURTHER INFORMATION CONTACT: Dr. Arnold T. Tschanz, Senior Import Specialist, Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737–1236; (301) 734–5306. SUPPLEMENTARY INFORMATION: rwilkins on PROD1PC63 with RULES Background In a final rule published in the Federal Register on August 6, 2007, that was effective September 5, 2007 (72 FR 43503–43524, Docket No. 03–002–3), we amended the regulations governing the importation of nursery stock by making several changes, including allowing the importation of restricted articles in VerDate Aug<31>2005 16:09 Nov 29, 2007 Jkt 214001 tissue culture medium that is not transparent or translucent. Before the effective date of the final rule, the regulations in paragraph (c) of § 319.37– 8 had stated: ‘‘A restricted article growing solely in agar or in other transparent or translucent tissue culture medium may be imported established in such growing media.’’ The final rule removed the words ‘‘transparent or translucent’’ from this sentence. It was our intent to remove this restriction only for agar-like tissue culture media. In the proposed rule and final rule, we indicated that bacteria in a tissue culture medium that was not transparent or translucent would quickly reproduce and form a large mass that would be visible during inspection; such a bacterial mass would only be visible in agar-like tissue culture media. Before the final rule became effective, the restriction that any tissue culture media other than agar must be transparent or translucent had effectively restricted the use of tissue culture media other than agar to agarlike tissue culture media. In removing the requirement that the tissue culture media be transparent or translucent, we neglected to specify that any tissue culture media other than agar should be similar to agar if a restricted article is intended to be imported established in growing media. This has created confusion among exporters. Therefore, we are amending paragraph (c) of § 319.37–8 to read: ‘‘A restricted article growing solely in agar or in other agar-like tissue culture medium may be imported established in such growing media.’’ List of Subjects for 7 CFR Part 319 Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. Accordingly, we are amending 7 CFR part 319 as follows: I 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. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 § 319.37–8 [Amended] 2. In § 319.37–8, paragraph (c) is amended by adding the word ‘‘agarlike’’ before the word ‘‘tissue’’. I Done in Washington, DC, this 26th day of November 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7–23282 Filed 11–29–07; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 78 [Docket No. APHIS 2007–0097] Brucellosis in Cattle; State and Area Classifications; Idaho Animal and Plant Health Inspection Service, USDA. ACTION: Affirmation of interim rule as final rule. AGENCY: SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the brucellosis regulations concerning the interstate movement of cattle by changing the classification of Idaho from Class A to Class Free. We determined that Idaho met the standards for Class Free status. The interim rule relieved certain restrictions on the interstate movement of cattle from Idaho. Effective on November 30, 2007, we are adopting as a final rule the interim rule published at 72 FR 40062– 40064 on July 23, 2007. FOR FURTHER INFORMATION CONTACT: Dr. Debbi A. Donch, Senior Staff Veterinarian, Ruminant Health Programs, National Center for Animal Health Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737– 1231; (301) 734–5952. SUPPLEMENTARY INFORMATION: DATES: Background Brucellosis is a contagious disease affecting animals and humans, caused by bacteria of the genus Brucella. The brucellosis regulations, contained in 9 CFR part 78 (referred to below as the regulations), provide a system for classifying States or portions of States E:\FR\FM\30NOR1.SGM 30NOR1

Agencies

[Federal Register Volume 72, Number 230 (Friday, November 30, 2007)]
[Rules and Regulations]
[Page 67635]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23282]



========================================================================
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. 72, No. 230 / Friday, November 30, 2007 / 
Rules and Regulations

[[Page 67635]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 03-002-6]
RIN 0579-AC51


Importation of Nursery Stock; Technical Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; technical amendment.

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

SUMMARY: In a final rule that was published in the Federal Register on 
August 6, 2007, and effective on September 5, 2007, we amended the 
regulations governing the importation of nursery stock by making 
several changes, including allowing the importation of restricted 
articles in tissue culture medium that is not transparent or 
translucent. It was our intent that the amended regulations only allow 
the use of agar or agar-like tissue culture medium. In this amendment, 
we are amending the regulation to clarify that intent.

EFFECTIVE DATE: November 30, 2007.

FOR FURTHER INFORMATION CONTACT: Dr. Arnold T. Tschanz, Senior Import 
Specialist, Commodity Import Analysis and Operations, PPQ, APHIS, 4700 
River Road Unit 133, Riverdale, MD 20737-1236; (301) 734-5306.

SUPPLEMENTARY INFORMATION:

Background

    In a final rule published in the Federal Register on August 6, 
2007, that was effective September 5, 2007 (72 FR 43503-43524, Docket 
No. 03-002-3), we amended the regulations governing the importation of 
nursery stock by making several changes, including allowing the 
importation of restricted articles in tissue culture medium that is not 
transparent or translucent. Before the effective date of the final 
rule, the regulations in paragraph (c) of Sec.  319.37-8 had stated: 
``A restricted article growing solely in agar or in other transparent 
or translucent tissue culture medium may be imported established in 
such growing media.'' The final rule removed the words ``transparent or 
translucent'' from this sentence.
    It was our intent to remove this restriction only for agar-like 
tissue culture media. In the proposed rule and final rule, we indicated 
that bacteria in a tissue culture medium that was not transparent or 
translucent would quickly reproduce and form a large mass that would be 
visible during inspection; such a bacterial mass would only be visible 
in agar-like tissue culture media. Before the final rule became 
effective, the restriction that any tissue culture media other than 
agar must be transparent or translucent had effectively restricted the 
use of tissue culture media other than agar to agar-like tissue culture 
media.
    In removing the requirement that the tissue culture media be 
transparent or translucent, we neglected to specify that any tissue 
culture media other than agar should be similar to agar if a restricted 
article is intended to be imported established in growing media. This 
has created confusion among exporters. Therefore, we are amending 
paragraph (c) of Sec.  319.37-8 to read:
    ``A restricted article growing solely in agar or in other agar-like 
tissue culture medium may be imported established in such growing 
media.''

List of Subjects for 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.


Sec.  319.37-8  [Amended]

0
2. In Sec.  319.37-8, paragraph (c) is amended by adding the word 
``agar-like'' before the word ``tissue''.

    Done in Washington, DC, this 26th day of November 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E7-23282 Filed 11-29-07; 8:45 am]
BILLING CODE 3410-34-P
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