Consolidation of Permit Procedures; Denial and Revocation of Permits, 19805-19812 [2014-08095]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Rules and Regulations]
[Pages 19805-19812]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08095]



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Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Rules 
and Regulations

[[Page 19805]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 319, 322, and 360

[Docket No. APHIS-2011-0085]
RIN 0579-AD76


Consolidation of Permit Procedures; Denial and Revocation of 
Permits

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are consolidating the regulations concerning the issuance 
of permits for the importation and interstate movement of a wide 
variety of regulated plants, plant products, and other articles. We are 
also making corresponding changes to the regulations concerning permits 
for the importation and interstate movement of noxious weeds and the 
importation of honeybees and other beekeeping articles. The regulations 
will also include new provisions for the denial of a permit and the 
revocation of a permit once issued. These changes will make our permit 
procedures more transparent and easier to use, allow us to evaluate a 
permit application more quickly and thoroughly, and help us hold 
permittees accountable for complying with permit conditions.

DATES: Effective Date: May 12, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. Marc Phillips, Senior Regulatory 
Policy Specialist, Regulatory Compliance and Coordination, RPM, PPQ, 
APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-
2114.

SUPPLEMENTARY INFORMATION: 

Background

    The Plant Protection Act, as amended, (PPA, 7 U.S.C. 7701 et seq.) 
states that it is the responsibility of the Secretary of Agriculture to 
facilitate exports, imports, and interstate commerce of agricultural 
products and other commodities that pose a risk of harboring plant 
pests or noxious weeds in ways that will reduce the risk of 
dissemination of plant pests or noxious weeds that could constitute a 
threat to crops and other plants or plant products and burden 
interstate or foreign commerce. The Secretary may prohibit or restrict 
the importation, entry, exportation, or movement in interstate commerce 
of any plant, plant product, noxious weed, or article if the Secretary 
determines that the prohibition or restriction is necessary to prevent 
the introduction of a plant pest or noxious weed into the United States 
or the dissemination of a plant pest or noxious weed within the United 
States.
    To implement these prohibitions and restrictions, sections 7711 and 
7712, among others, of the PPA further provide that the Secretary may 
issue regulations, including those that require that a permit be 
obtained for plants, plant products, noxious weeds, or other regulated 
articles prior to their importation or movement in interstate commerce. 
The Secretary has delegated the authority provided by the PPA to the 
Administrator of the Animal and Plant Health Inspection Service 
(APHIS). Regulations issued under the authority of the PPA are 
primarily administered and enforced by APHIS' Plant Protection and 
Quarantine program (PPQ).
    Requiring a written permit for the importation or interstate 
movement of plants, plant products, noxious weeds, or other regulated 
articles reduces the risk of the introduction or dissemination of a 
plant pest or noxious weed in the United States in several ways.
    APHIS' regulations and Federal Orders, as well as permits, inform 
applicants of the requirements and conditions for importation or 
interstate movement of regulated articles that we have determined are 
necessary to mitigate the risk of introducing or disseminating a plant 
pest or noxious weed. Requiring a written permit also allows APHIS to 
hold permittees accountable for complying with permit conditions and to 
specify the plant products allowed into the United States or allowed to 
move interstate. A permit prescribes the binding conditions that the 
applicant for a permit, and the permittee, must adhere to under the 
permit and the pertinent regulations. The information contained in an 
application for a permit must also provide for clear and continuous 
accountability for the importation or movement of the plant, plant 
product, or other article.
    The regulations contained in 7 CFR part 319, Foreign Quarantine 
Notices, prohibit or restrict the importation into the United States of 
certain plants, roots, bulbs, seeds, or other plant products to prevent 
plant pests and noxious weeds from being introduced and spread within 
the United States. The restricted or prohibited plant products include 
plants for planting, cut flowers, fruits and vegetables, foreign cotton 
and covers, sugarcane, citrus, corn and related plants, rice, wheat, 
logs and other unmanufactured wood articles, packing materials, and 
coffee.
    The regulations in 7 CFR part 322 prohibit or restrict the 
importation of honeybees and honeybee semen in order to prevent the 
introduction into the United States of diseases and parasites harmful 
to honeybees and of undesirable species.
    The regulations in 7 CFR part 360 restrict the importation and 
interstate movement of those plants that are designated as noxious 
weeds.
    On June 21, 2013, we published in the Federal Register (78 FR 
37481-37495, Docket No. APHIS-2011-0085) a proposal \1\ to establish a 
new subpart in part 319 entitled ``Permits: Application, Issuance, 
Denial, and Revocation,'' which would include Sec. Sec.  319.7 through 
319.7-5 and would serve as generally applicable requirements in part 
319 for obtaining a permit to import plants or plant products. The 
requirements contained in the proposed subpart would provide applicants 
for permits with more detailed information regarding the process for 
applying for a permit and indicate the type of information we would 
require in a permit application. We also proposed to make consistent 
and clear the provisions for how we will approve, deny, or revoke a 
permit and to apply the proposed provisions, as appropriate, to parts 
322 and 360.
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    \1\ To view the proposed rule and the comment we received, go to 
https://www.regulations.gov/#!docketDetail;D=APHIS-2011-0085.
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    We solicited comments concerning our proposal for 60 days ending 
August

[[Page 19806]]

20, 2013. We received one comment by that date, from a private citizen. 
The comment expressed general opposition to the importation of plants 
from China, but did not address any provisions of the proposed rule. We 
are making no changes in response to this comment.
    We are making several miscellaneous changes to the proposal in this 
final rule. Proposed Sec.  319.7-1(c) would have required that permit 
applications specify the intended port of first arrival. However, PPQ 
permits often allow for a range of ports of first arrival to be used; 
indeed, proposed Sec.  319.7-2(a), regarding the issuance of permits, 
indicated that the permit would specify the port of entry and, when 
needed, allowed ports of first arrival. Allowing importers to use 
multiple ports of first arrival offers flexibility in logistical 
arrangements, while continuing to allow PPQ to apply needed 
restrictions if an article should not be presented at a certain port of 
first arrival. (For example, an article that poses a risk of being 
infested with fruit flies would be limited to ports of first arrival 
where the fruit fly could not overwinter if it escaped into the 
surrounding environment.) To make the regulations consistent, we are 
allowing permit applications to specify multiple intended ports of 
first arrival.
    In the proposed rule, Sec.  319.7-2(f) set out proposed 
requirements for permittees. Paragraph (f)(7) would have required that 
permittees acknowledge in writing that in accordance with section 8313 
of the PPA, the actions, omissions, or failures of any agent of the 
permittee may be deemed the actions, omissions, or failures of a 
permittee as well; and that failure to comply with all of the 
conditions specified in the permit or any applicable regulations or 
administrative instructions, or forging, counterfeiting, or defacing 
permits or shipping labels, may result in immediate revocation of the 
permit, denial of any future permits, and civil or criminal penalties 
for the permittee. (In the proposed rule, the section citation to the 
PPA was incorrect; we are changing it in this final rule to cite to 
section 7734.)
    However, paragraph (f)(5) requires that the permittee provide 
written or electronic acknowledgment and acceptance of permit 
conditions only when APHIS requests such acknowledgment. This reflects 
the fact that, while APHIS normally requires written or electronic 
acknowledgment, oral acknowledgment is acceptable in some cases. It 
would be inconsistent to require written or electronic acknowledgment 
of the permit conditions only sometimes but require written 
acknowledgment of paragraph (f)(7) and thereby of section 7734 all the 
time. The most important thing is to clearly communicate the provisions 
of paragraph (f)(7) and section 7734 in the regulations, so that 
permittees and other regulated parties are aware that the actions of an 
agent of a permittee may be deemed the actions of a permittee. 
Therefore, we have decided not to include proposed paragraph (f)(7) in 
this final rule. Instead, we have added a paragraph communicating the 
provisions of section 7734 of the PPA as paragraph (m) of Sec.  319.7-
2.
    In the proposed rule, paragraph (b) of Sec.  319.7-3 set out 
reasons for denying a permit to import a regulated article. Paragraph 
(b)(3) indicated that we would deny a permit if APHIS concludes that 
the actions proposed under the permit would present an unacceptable 
risk to plants and plant products because of the introduction or 
dissemination of a plant pest, biological control organism, or noxious 
weed within the United States. The final rule indicates that the reason 
to deny a permit is the potential for the introduction or 
dissemination, rather than the introduction or dissemination itself; 
the introduction or dissemination would only happen if APHIS did issue 
the permit and the plant, plant product, or other article was imported 
or moved interstate. We are also removing the reference to biological 
control organisms, as permitting for the importation of such organisms 
is handled in 7 CFR part 330 and not in part 319.
    Paragraph (b)(4) indicated that we would deny a permit if the 
importation is adverse to the conduct of an eradication, suppression, 
control, or regulatory program of APHIS. However, States also conduct 
eradication, suppression, control, and regulatory programs, and APHIS 
often supports the States with their phytosanitary programs by 
providing technical and other assistance. While these programs are not 
APHIS programs as such, we need to be able to deny a permit based on 
the potential of the importation to adversely affect such a program. 
Accordingly, this final rule does not limit the programs to APHIS 
programs but rather refers to any eradication, suppression, control, or 
other phytosanitary programs of APHIS or ones recognized by APHIS.
    Paragraph (a) of Sec.  319.7-2 describes how APHIS will issue a 
permit if the regulated articles in question are eligible for 
importation. We have greatly simplified the wording of this paragraph 
in the final rule, although its substantive provisions are identical to 
those of proposed Sec.  319.7-2(a). This final rule also includes 
several nonsubstantive changes to increase the clarity of the 
regulations and corrects several typographical errors in the proposed 
regulatory text.
    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 final rule has been determined to be not significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
on the Regulations.gov Web site (see footnote 1 in this document for a 
link to Regulations.gov) or by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Entities that may be affected by the rule are importers of 
restricted plants and plant products, including flowers, nursery stock, 
fruits and vegetables, cotton, sugarcane, logs, packing materials, 
other manufactured wood articles, and coffee, as well as importers of 
plants designated as noxious weeds, honeybees and honeybee semen, and 
regulated articles allowed entry on a temporary basis, such as for 
transshipment. While nearly all of the entities that may be affected by 
the rule are small, none of the effects would be economically 
significant. The rule will make the permit procedures more transparent 
and easier to use, enable APHIS to evaluate a permit allocation more 
quickly and thoroughly, and allow for more efficient control of the 
issuance of permits and entry of regulated articles.
    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.

[[Page 19807]]

Paperwork Reduction Act

    This final rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects

7 CFR Part 319

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

7 CFR Part 322

    Bees, Honey, Imports, Reporting and recordkeeping requirements.

7 CFR Part 360

    Imports, Plants (Agriculture), Quarantine, Reporting and 
recordkeeping requirements, Transportation, Weeds.

    Accordingly, we are amending 7 CFR chapter III 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 and 7701-7772 and 7781-7786; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.


0
2. In Sec.  319.6, paragraph (g) is revised to read as follows:


Sec.  319.6  Controlled import permits.

* * * * *
    (g) Denial, withdrawal, cancellation, or revocation of permit. The 
Administrator may deny a permit application in accordance with Sec.  
319.7-3, and a permit may be withdrawn, canceled, or revoked in 
accordance with Sec.  319.7-4.
    (1) Action upon cancellation or revocation of permit. Upon 
cancellation or revocation of a permit, the permittee must surrender, 
destroy, or remove all regulated plant material covered by the permit 
in accordance with Sec.  319.7-4(e).
    (2) Appeal of denial or revocation. Any person whose application 
for a permit has been denied or whose permit has been revoked may 
appeal the denial or revocation in accordance with Sec.  319.7-5.
* * * * *

0
3. A subpart consisting of Sec. Sec.  319.7 through 319.7-5 is added to 
read as follows:
Subpart--Permits: Application, Issuance, Denial, and Revocation
Sec.
319.7 Definitions.
319.7-1 Applying for a permit.
319.7-2 Issuance of permits and labels.
319.7-3 Denial of permits.
319.7-4 Withdrawal, cancellation, and revocation of permits.
319.7-5 Appeal of denial or revocation.

Subpart--Permits: Application, Issuance, Denial, and Revocation


Sec.  319.7  Definitions.

    The following definitions apply to this subpart:
    Administrative instructions. Published documents related to the 
enforcement of this part and issued under authority of the Plant 
Protection Act, as amended (7 U.S.C. 7701 et seq.), by the 
Administrator.
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service or any employee of the United States Department of 
Agriculture delegated to act in his or her stead.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Applicant. A person at least 18 years of age who, on behalf of him- 
or herself or another person, submits an application for a permit to 
import into the United States or move interstate a regulated article in 
accordance with this part.
    Approved. Approved by the Administrator of the Animal and Plant 
Health Inspection Service.
    Article. Any material or tangible objects that could harbor or be a 
vector of plant pests or noxious weeds.
    Consignment. A quantity of plants, plant products, and/or other 
articles being moved from one country to another authorized when 
required, by a single permit. A consignment may be composed of one or 
more commodities or lots.
    Country of origin. The country where the plants, or plants from 
which the plant products are derived, were grown or where the non-plant 
articles were produced.
    Enter, entry. To move into, or the act of movement into, the 
commerce of the United States.
    Import, importation. To move into, or the act of movement into, the 
territorial limits of the United States.
    Inspector. Any individual authorized by the Administrator of the 
Animal and Plant Health Inspection Service or the Commissioner of the 
Bureau of Customs and Border Protection, Department of Homeland 
Security, to enforce the regulations in this part.
    Intended use. The purpose for the importation of the regulated 
article, including, but not limited to, consumption, propagation, or 
research purposes.
    Lot. All the regulated articles on a single means of conveyance 
that are derived from the same species of plant or are the same type of 
non-plant article, were subjected to the same treatments prior to 
importation, and are consigned to the same person.
    Means of conveyance. Any personal property used for or intended for 
use for the movement of any other personal property.
    Move. To carry, enter, import, mail, ship, or transport; to aid, 
abet, cause, or induce the carrying, entering, importing, mailing, 
shipping, or transporting; to offer to carry, enter, import, mail, 
ship, or transport; to receive to carry, enter, import, mail, ship, or 
transport; to release into the environment; or to allow any of the 
activities described in this definition.
    Oral authorization. Verbal permission to import that may be granted 
by an inspector at the port of entry.
    Permit. A written authorization, including by electronic methods, 
to move plants, plant products, biological control organisms, plant 
pests, noxious weeds, or articles under conditions prescribed by the 
Administrator.
    Permittee. The person who, on behalf of self or another person, is 
legally the importer of an article, meets the requirements of Sec.  
319.7-2(f), and is responsible for compliance with the conditions for 
the importation that is the subject of a permit issued in accordance 
with this part.
    Person. Any individual, partnership, corporation, association, 
joint venture, or other legal entity.
    Plant. Any plant (including any plant part) for or capable of 
propagation, including a tree, a tissue culture, a plantlet culture, 
pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a 
root, and a seed.
    Plant pest. Any living stage of any of the following that can 
directly or indirectly injure, cause damage to, or cause disease in any 
plant or plant product: A protozoan; a nonhuman animal; a parasitic 
plant; a bacterium; a fungus; a virus or viroid; an infectious agent or 
other pathogen; or any article similar to or allied with any of the 
foregoing enumerated articles.
    Plant product. Any flower, fruit, vegetable, root, bulb, seed, or 
other plant part that is not included in the definition of plant, or 
any manufactured or processed plant or plant part.
    Port of entry. A port at which a specified shipment or means of 
conveyance is accepted for entry or admitted without entry into the 
United States for transit purposes.

[[Page 19808]]

    Port of first arrival. The area (such as a seaport, airport, or 
land border) where a person or means of conveyance first arrives in the 
United States, and where inspection of regulated articles may be 
carried out by inspectors.
    PPQ. The Plant Protection and Quarantine Program, Animal and Plant 
Health Inspection Service of the United States Department of 
Agriculture, delegated responsibility for enforcing provisions of the 
Plant Protection Act and related legislation, quarantines and 
regulations.
    Regulated article. Any material or tangible object regulated by 
this part for entry into the United States or interstate movement.
    Soil. The unconsolidated material from the earth's surface that 
consists of rock and mineral particles mixed with organic material and 
that supports or is capable of supporting biotic communities.
    State. Any of the several States of the United States, the 
Commonwealth of the Northern Mariana Islands, the Commonwealth of 
Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the 
United States, or any other territory or possession of the United 
States.
    Treatment. A procedure approved by the Administrator for 
neutralizing infestations or infections of plant pests or diseases, 
such as fumigation, application of chemicals or dry or moist heat, or 
processing, utilization, or storage.
    United States. All of the States.


Sec.  319.7-1  Applying for a permit.

    (a) Persons who wish to import regulated articles into the United 
States must apply for a permit, unless the regulated articles are not 
subject to a requirement under this part that a permit be issued prior 
to a consignment's arrival. An applicant for a permit to import 
regulated articles into the United States in accordance with this part 
must be:
    (1) Capable of acting in the capacity of the permittee in 
accordance with Sec.  319.7-2(e), or must designate a permittee who is 
so capable should the permit be issued;
    (2) Applying for a permit on behalf of self or on behalf of another 
person as permittee; and
    (3) At least 18 years of age.
    (b) Permit applications must be submitted by the applicant in 
writing or electronically through one of the means listed at https://www.aphis.usda.gov/plant_health/permits/index.shtml in advance of the 
action(s) proposed on the permit application.
    (c) The application for a permit must contain the following 
information:
    (1) Legal name, address, and contact information of the applicant, 
and affirmation by the applicant that the applicant is at least 18 
years of age;
    (2) The same information of the permittee if different from the 
applicant, and, if the permittee is an individual, affirmation by the 
permittee that the permittee is at least 18 years of age;
    (3) Specific type of regulated article (common and scientific 
names, if applicable);
    (4) Country of origin;
    (5) Intended use of the regulated article;
    (6) Intended port(s) of first arrival; and
    (7) A description of any processing, treatment, or handling of the 
regulated article to be performed prior to or following importation, 
including the location where any processing or treatment was or will be 
performed and the names and dosage of any chemical employed in 
treatments of the regulated article.
    (d) The application for a permit may also require the following 
information:
    (1) Means of conveyance;
    (2) Quantity of the regulated article;
    (3) Estimated date of arrival;
    (4) Name, address, and contact information of any broker or 
subsequent custodian of the regulated article;
    (5) Exporting country from which the article is to be moved, when 
not the country of origin; and
    (6) Any other information determined to be necessary by APHIS to 
inform the decision to issue the permit.
    (e) Application for a permit to import regulated articles into the 
United States must be submitted at least 30 days prior to arrival of 
the article at the port of entry.
    (1) If, through no fault of the importer, a consignment of 
regulated articles subject to a requirement under this part that a 
permit be issued prior to a consignment's arrival arrives at a U.S. 
port before a permit is received, the consignment may be held, under 
suitable safeguards prescribed by the inspector, in custody at the risk 
and expense of the importer pending issuance of a permit or 
authorization from APHIS.
    (2) An oral authorization may be granted by an inspector at the 
port of entry for a consignment, provided that:
    (i) All applicable entry requirements are met;
    (ii) Proof of application for a written permit is provided to the 
inspector; and
    (iii) PPQ verifies that the application for a written permit has 
been received and that PPQ intends to issue the permit.


Sec.  319.7-2  Issuance of permits and labels.

    (a) Upon receipt of an application, APHIS will issue a permit if, 
after review of the application, APHIS determines that the regulated 
articles are eligible to be imported into the United States under any 
applicable conditions. The permit will specify the applicable 
conditions of entry and the port of entry, and a copy will be provided 
to the permittee. The permit will only be valid for the time period 
indicated on the permit.
    (b) The applicant for a permit for the importation of regulated 
articles into the United States must designate the person who will be 
named as the permittee upon the permit's issuance. The applicant and 
the permittee may be the same person or different persons.
    (c) The act, omission, or failure of the permittee as an officer, 
agent, or person acting for or employed by any other person within the 
scope of his or her employment or office will be deemed also to be the 
act, omission, or failure of the other person.
    (d) Failure to comply with all of the conditions specified in the 
permit or any applicable regulations or administrative instructions, or 
forging, counterfeiting, or defacing permits or shipping labels, may 
result in immediate revocation of the permit, denial of any future 
permits, and civil or criminal penalties for the permittee.
    (e) The permittee will remain responsible for the consignment 
regardless of any delegation to a subsequent custodian of the 
importation.
    (f) A permittee must:
    (1) If an individual, be at least 18 years of age and have and 
maintain an address in the United States that is specified on the 
permit and be physically present during normal business hours at that 
address during any periods when articles are being imported or moved 
interstate under the permit; or
    (2) If another legal entity, maintain an address or business office 
in the United States with a designated individual for service of 
process; and
    (3) Serve as the contact for the purpose of communications 
associated with the movement of the regulated article for the duration 
of the permit. The PPQ Permit Unit must be informed of a change in 
contact information for the permittee within 10 business days of such 
change;
    (4) Ensure compliance with the applicable regulatory requirements 
and permit conditions associated with the movement of the regulated 
article for the duration of the permit;

[[Page 19809]]

    (5) Provide written or electronic acknowledgment and acceptance of 
permit conditions when APHIS requests such acknowledgment;
    (6) Serve as the primary contact for communication with APHIS 
regarding the permit; and
    (7) Maintain all conditions of the permit for the entirety of its 
prescribed duration.
    (g) The regulated article may be imported only if all applicable 
requirements of the permit issued for the importation of the regulated 
article or any other documents or instructions issued by APHIS are met 
and complied with as determined by APHIS.
    (h) In accordance with the regulations in this part, labels may be 
issued to the permittee for the importation of regulated articles. Such 
labels may contain information about the shipment's nature, origin, 
movement conditions, or other matters relevant to the permit and will 
indicate that the importation is authorized under the conditions 
specified in the permit.
    (1) If issued, the quantity of labels will be sufficient for the 
permittee to attach one to each parcel. Labels must be affixed to the 
outer packaging of the parcel.
    (2) Importations without such required labels will be refused entry 
into the United States, unless a label is not required and not issued 
for the importation.
    (i) Even if a permit has been issued for the importation of a 
regulated article, the regulated article may be imported only if an 
inspector at the port of entry determines that no remedial measures 
pursuant to the Plant Protection Act are necessary to mitigate or 
address any plant pest or noxious weed risks.\1\
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    \1\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, and other articles in accordance with sections 414, 421, and 
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
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    (j) A permit application may be withdrawn at the request of the 
applicant prior to the issuance of the permit.
    (k) A permit may be canceled after issuance at the request of the 
permittee.
    (l) A permit may be amended if APHIS finds that the permit is 
incomplete or contains factual errors.
    (m) In accordance with Section 7734 of the Plant Protection Act, as 
amended (7 U.S.C. 7701 et seq.), the actions, omissions, or failures of 
any agent of the permittee may be deemed the actions, omissions, or 
failures of a permittee as well; and that failure to comply with all of 
the conditions specified in the permit or any applicable regulations or 
administrative instructions, or forging, counterfeiting, or defacing 
permits or shipping labels, may result in immediate revocation of the 
permit, denial of any future permits, and civil or criminal penalties 
for the permittee.


Sec.  319.7-3  Denial of permits.

    (a) APHIS may deny an application for a permit to import a 
regulated article into the United States. A denial, including the 
reason for the denial, will be provided in writing, including by 
electronic methods, to the applicant as promptly as circumstances 
permit. The denial of a permit may be appealed in accordance with Sec.  
319.7-5.
    (b) APHIS may deny an application for a permit to import a 
regulated article:
    (1) If APHIS determines that the applicant is not likely to abide 
by permit conditions. Factors that may lead to such a determination 
include, but are not limited to, the following:
    (i) The applicant, or a partnership, firm, corporation, or other 
legal entity in which the applicant has a substantial interest, 
financial or otherwise, has not complied with any permit that was 
previously issued by APHIS;
    (ii) APHIS determines that issuing the permit would circumvent any 
order revoking or denying a permit under the Plant Protection Act;
    (iii) APHIS determines that the applicant has previously failed to 
comply with any APHIS regulation;
    (iv) APHIS determines that the applicant has previously failed to 
comply with any Federal, State, or local law, regulation, or 
instruction concerning the importation of prohibited or restricted 
foreign agricultural products;
    (v) APHIS determines that the applicant has failed to comply with 
the laws or regulations of a national plant protection organization or 
equivalent body, as these pertain to plant health;
    (vi) APHIS determines that the applicant has made false or 
fraudulent statements or provided false or fraudulent records to APHIS; 
or
    (vii) The applicant has been convicted or has pled nolo contendere 
to any crime involving fraud, bribery, extortion, or any other crime 
involving a lack of integrity.
    (2) If the application for a permit contains information that is 
found to be materially false, fraudulent, deceptive, or 
misrepresentative;
    (3) If APHIS concludes that the actions proposed under the permit 
would present an unacceptable risk to plants and plant products because 
of the potential for introduction or dissemination of a plant pest or 
noxious weed within the United States;
    (4) If the importation is adverse to the conduct of an eradication, 
suppression, control, or phytosanitary program of APHIS or a program 
recognized by APHIS;
    (5) If the importation is not in compliance with any applicable 
import regulations or any administrative instructions or measures, 
including, but not limited to, all the requirements of this part; or
    (6) If a State executive official, or a State plant protection 
official authorized to do so, objects to the movement in writing and 
provides specific, detailed information that there is a risk the 
movement will result in the dissemination of a plant pest or noxious 
weed into the State, and APHIS determines that such plant pest risk 
cannot be adequately addressed or mitigated.


Sec.  319.7-4  Withdrawal, cancellation, and revocation of permits.

    (a) Withdrawal of an application. If the applicant wishes to 
withdraw a permit application before issuance of a permit, he or she 
must provide the request in writing to APHIS. APHIS will provide 
written notification to the applicant as promptly as circumstances 
allow regarding reception of the request and withdrawal of the 
application.
    (b) Cancellation of permit by permittee. If a permittee wishes to 
cancel a permit after its issuance, he or she must provide the request 
in writing to APHIS. APHIS will provide written notification to the 
applicant as promptly as circumstances allow regarding reception of the 
request and withdrawal of the application.
    (c) Revocation of permit by APHIS. APHIS may revoke any outstanding 
permit to import regulated articles into the United States. A 
revocation, including the reason for the revocation, will be provided 
in writing, including by electronic methods, to the permittee as 
promptly as circumstances permit. The revocation of a permit may be 
appealed in accordance with Sec.  319.7-5.
    (d) APHIS may revoke a permit to import a regulated article if:
    (1) Information is received subsequent to the issuance of the 
permit of circumstances that APHIS determines would constitute cause 
for the denial of an application under Sec.  319.7-3; or
    (2) APHIS determines that the permittee has failed to maintain the 
safeguards or otherwise observe the conditions specified in the permit 
or in any applicable regulations or administrative instructions, 
including,

[[Page 19810]]

but not limited to, all of the requirements of this part.
    (e) Upon revocation of a permit, the permittee must, without cost 
to the Federal Government and in the manner and method APHIS considers 
appropriate, either:
    (1) Surrender all regulated articles covered by the revoked permit 
and any other affected plant material to an inspector;
    (2) Destroy, under the supervision of an inspector, all regulated 
articles covered by the revoked permit and any other affected plant 
material; or
    (3) Remove all regulated articles covered by the revoked permit and 
any other affected plant material from the United States.


Sec.  319.7-5  Appeal of denial or revocation.

    (a) All denials of an application for a permit, or revocations of 
an existing permit, will be provided in writing, including by 
electronic methods, as promptly as circumstances permit and will 
include the reasons for the denial or revocation.
    (b) Any person whose application for a permit has been denied or 
whose permit has been revoked may appeal the decision in writing to 
APHIS within 10 business days from the date the communication of 
notification of the denial or revocation of the permit was received. 
The appeal must state all facts and reasons upon which the person is 
relying to show that the denial or revocation was incorrect.
    (c) APHIS will grant or deny the appeal in writing and will state 
in writing the reason for the decision. The denial or revocation will 
remain in effect during the resolution of the appeal.


Sec.  319.8-1  [Amended]

0
4. In Sec.  319.8-1, the definition of permit is amended by adding the 
words ``and in Sec. Sec.  319.7 through 319.7-5'' before the period.


Sec.  319.8-2  [Amended]

0
5. Section 319.8-2 is amended as follows:
0
a. In paragraph (a), by removing, in the third sentence, the words 
``stating the name and address of the importer, the country from which 
such material is to be imported, and the kind of cotton or covers it is 
desired to import'' and footnote 1, and adding the words ``for a permit 
in accordance with Sec. Sec.  319.7 through 319.7-5'' in their place.
0
b. By redesignating footnote 2 as footnote 1.
0
c. By removing paragraphs (c) and (d) and redesignating paragraphs (e) 
and (f) as paragraphs (c) and (d), respectively.
0
d. In newly redesignated paragraph (d), in the first sentence, by 
removing the words ``with all requirements set forth therein and such 
additional requirements in this subpart as are in terms applicable 
thereto'' and adding the words ``with all of the conditions specified 
in the permit and any applicable regulations or administrative 
instructions of this part'' in their place, and by removing the second 
and third sentences of this paragraph.
0
e. By removing paragraph (g) and redesignating paragraph (h) as 
paragraph (e).


Sec.  319.8-8  [Amended]

0
6. In Sec.  319.8-8, footnote 3 is redesignated as footnote 2.


Sec.  319.8-11  [Amended]

0
7. In Sec.  319.8-11, footnote 4 is redesignated as footnote 3.


Sec.  319.8-17  [Amended]

0
8. In Sec.  319.8-17, footnote 5 is redesignated as footnote 4.

0
9. Section 319.24-1 is revised to read as follows:


Sec.  319.24-1  Application for permits for importation of corn.

    Persons contemplating the importation of corn into the United 
States shall obtain a permit in accordance with Sec. Sec.  319.7 
through 319.7-5.

(Approved by the Office of Management and Budget under control 
number 0579-0049)


Sec.  319.24-2  [Removed and Reserved]

0
10. Section 319.24-2 is removed and reserved.


Sec.  319.24-4  [Removed and Reserved]

0
11. Section 319.24-4 is removed and reserved.


Sec.  319.28  [Amended]

0
12. Section 319.28 is amended by removing paragraphs (j) and (k).

0
13. Section 319.37-3 is amended as follows:
0
a. In paragraph (a), introductory text, by adding the words ``in 
accordance with Sec. Sec.  319.7 through 319.7-5'' after the word 
``Programs''.
0
b. By removing and reserving paragraph (b) and removing footnote 4.
0
c. By redesignating footnote 5 as footnote 4.
0
d. By revising paragraph (d).
0
e. By removing paragraphs (e) and (f) and redesignating paragraphs (g) 
and (h) as paragraphs (e) and (f), respectively.
    The revision reads as follows:


Sec.  319.37-3  Permits.

* * * * *
    (d) Any permit that has been issued may be revoked by an inspector 
or APHIS in accordance with Sec.  319.7-4.
* * * * *


Sec.  319.37-5  [Amended]

0
14. In Sec.  319.37-5, footnote 6 is redesignated as footnote 5.


Sec.  319.37-6  [Amended]

0
15. In Sec.  319.37-6, footnote 7 is redesignated as footnote 6.


Sec.  319.37-7  [Amended]

0
16. In Sec.  319.37-7, footnote 8 is redesignated as footnote 7.


Sec.  319.37-8  [Amended]

0
17. In Sec.  319.37-8, footnotes 9 through 11 are redesignated as 
footnotes 8 through 10, respectively.


Sec.  319.37-13  [Amended]

0
18. In Sec.  319.37-13, footnote 12 is redesignated as footnote 11.

0
19. Section 319.40-4 is amended as follows:
0
a. By revising paragraph (a).
0
b. By removing paragraph (b)(3), paragraph (c) including footnote 2, 
and paragraph (d).
    The revision reads as follows:


Sec.  319.40-4  Application for a permit to import regulated articles; 
issuance and withdrawal of permits.

    (a) Application procedure. A written application for a permit must 
be obtained and submitted in accordance with Sec. Sec.  319.7 through 
319.7-5.
* * * * *


Sec.  319.40-5  [Amended]

0
20. In Sec.  319.40-5, footnote 3 is redesignated as footnote 1.


Sec.  319.40-9  [Amended]

0
21. In Sec.  319.40-9, footnotes 4 and 5 are redesignated as footnotes 
2 and 3, respectively.


Sec.  319.40-10  [Amended]

0
22. In Sec.  319.40-10, footnote 6 is redesignated as footnote 4.

0
23. Section 319.41-2 is revised to read as follows:


Sec.  319.41-2  Application for permits.

    Persons contemplating the importation of any of the articles 
specified in Sec.  319.41-1(b) shall first make application to the 
Plant Protection and Quarantine Program for a permit in accordance with 
Sec. Sec.  319.7 through 319.7-5.

(Approved by the Office of Management and Budget under control 
number 0579-0049)

0
24. Section 319.41-6 is revised to read as follows:

[[Page 19811]]

Sec.  319.41-6  Importations by mail.

    In addition to entries by freight or express provided for in Sec.  
319.41-5, importations are permitted by mail of mature corn on the cob 
from the countries specified in Sec.  319.41-1(b)(2), and clean shelled 
corn and clean seed of the other plants covered by Sec.  319.41, 
provided that a permit has been issued for the importation in 
accordance with Sec. Sec.  319.7 through 319.7-5 and all conditions of 
the permit are met.

(Approved by the Office of Management and Budget under control 
number 0579-0049)

0
25. Section 319.55-2 is revised to read as follows:


Sec.  319.55-2  Application for permit.

    Application for a permit to import seed or paddy rice from Mexico 
or rice straw or rice hulls from any country may be made to the Plant 
Protection and Quarantine Programs in accordance with Sec. Sec.  319.7 
through 319.7-5.

(Approved by the Office of Management and Budget under control 
number 0579-0049)


Sec.  319.55-4  [Removed and Reserved]

0
26. Section 319.55-4 is removed and reserved.

0
27. Section 319.55-7 is revised to read as follows:


Sec.  319.55-7  Importations by mail.

    Importations of seed or paddy rice, rice straw, and rice hulls from 
all foreign countries and localities may be made by mail or cargo, 
provided that a permit has been issued for the importation in 
accordance with Sec. Sec.  319.7 through 319.7-5 and all conditions of 
the permit are met.

(Approved by the Office of Management and Budget under control 
number 0579-0049)

0
28. Section 319.56-3 is amended as follows:
0
a. By revising paragraph (b)(2).
0
b. By removing paragraphs (b)(3), (b)(4), (b)(5), and (b)(6).
0
c. In paragraph (c)(1), by removing the words ``under paragraph (b) of 
this section'' and adding in their place the words ``in accordance with 
this section and with Sec. Sec.  319.7 through 319.7-5''.
    The revision reads as follows:


Sec.  319.56-3  General requirements for all imported fruits and 
vegetables.

* * * * *
    (b) * * *
    (2) Persons contemplating the importation of any fruits or 
vegetables under this subpart must apply for a permit in accordance 
with Sec. Sec.  319.7 through 319.7-5.
* * * * *

0
29. Section 319.75 is amended as follows:
0
a. By revising the section heading.
0
b. In paragraphs (a) and (c), by removing the word ``restricted'' each 
time it appears and adding the word ``regulated'' in its place.
    The revision reads as follows:


Sec.  319.75  Restrictions on importation of regulated articles; 
disposal of articles refused importation.

* * * * *


Sec.  319.75-1  [Amended]

0
30. In Sec.  319.75-1, the definition of phytosanitary certificate of 
inspection is amended by removing the word ``restricted'' each time it 
appears and adding the word ``regulated'' in its place.

0
31. Section 319.75-2 is amended as follows:
0
a. By revising the section heading, including footnote 1.
0
b. In paragraph (a), introductory text, by removing the word 
``restricted'' and adding the word ``regulated'' in its place.
    The revisions read as follows:


Sec.  319.75-2  Regulated articles.\1\

* * * * *
    \1\ The importation of regulated articles may be subject to 
prohibitions or restrictions under other provisions of 7 CFR part 319. 
For example, fresh whole chilies (Capsicum spp.) and fresh whole red 
peppers (Capsicum spp.) from Pakistan are prohibited from being 
imported into the United States under the provisions of Subpart--Fruits 
and Vegetables of this part.
* * * * *

0
32. Section 319.75-3 is revised to read as follows:


Sec.  319.75-3  Permits.

    A regulated article may be imported only after issuance of a 
written permit or oral authorization by the Plant Protection and 
Quarantine Programs in accordance with Sec. Sec.  319.7 through 319.7-
5.

(Approved by the Office of Management and Budget under control 
number 0579-0049)


Sec.  319.75-4  [Amended]

0
33. Section 319.75-4 is amended by removing the word ``restricted'' and 
adding the word ``regulated'' in its place.


Sec.  319.75-5  [Amended]

0
34. In Sec.  319.75-5, paragraphs (a) and (b) are amended by removing 
the word ``restricted'' each time it appears and adding the word 
``regulated'' in its place.


Sec.  319.75-6  [Amended]

0
35. Section 319.75-6 is amended by removing the word ``restricted'' and 
adding the word ``regulated'' in its place.


Sec.  319.75-7  [Amended]

0
36. Section 319.75-7 is amended as follows:
0
a. By removing the word ``restricted'' and adding the word 
``regulated'' in its place.
0
b. By redesignating footnote 3 as footnote 4.


Sec.  319.75-8  [Amended]

0
37. Section 319.75-8 is amended by removing the word ``restricted'' 
both times it appears and adding the word ``regulated'' in its place.


Sec.  319.75-9  [Amended]

0
38. In Sec.  319.75-9, paragraphs (a), (b) and (c) are amended by 
removing the word ``restricted'' each time it appears and adding the 
word ``regulated'' in its place.

PART 322--BEES, BEEKEEPING BYPRODUCTS, AND BEEKEEPING EQUIPMENT

0
39. The authority citation for part 322 continues to read as follows:

    Authority: 7 U.S.C. 281; 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 
2.22, 2.80, and 371.3.


0
40. In Sec.  322.13, paragraph (b) is revised to read as follows:


Sec.  322.13  General requirements; restricted organisms.

* * * * *
    (b) Persons importing restricted organisms into the United States 
must be Federal, State, or university researchers; be at least 18 years 
of age; and be physically present during normal business hours at an 
address within the United States specified on the permit during any 
periods when articles are being imported or moved interstate under the 
permit. All such importations must be for research or experimental 
purposes and in accordance with this part.


Sec.  322.14  [Amended]

0
41. In Sec.  322.14, paragraph (a)(1) is amended by removing the second 
and third sentences.
0
42. Section 322.15 is amended as follows:
0
a. By revising the section heading.
0
b. By adding a new paragraph (c)(5).
0
c. By revising paragraph (e).
    The revisions and addition read as follows:

[[Page 19812]]

Sec.  322.15  APHIS review of permit applications; denial or revocation 
of permits.

* * * * *
    (c) * * *
    (5) APHIS may also deny a permit to import restricted organisms:
    (i) To a person who has previously failed to comply with any APHIS 
regulation, except:
    (A) A permit revoked in an investigation concerning that failure 
has been reinstated on appeal, at the discretion of APHIS; or
    (B) All measures ordered by APHIS to correct the failure, including 
but not limited to, payment of penalties or restitution, have been 
complied with to the satisfaction of APHIS.
    (ii) To a person who has previously failed to comply with any 
international or Federal regulation or instruction concerning the 
importation of prohibited or restricted foreign agricultural products; 
or
    (iii) If the application for a permit contains information that is 
found to be materially false, fraudulent, deceptive, or 
misrepresentative.
* * * * *
    (e) Appealing the denial of permit applications or revocation of 
permits. If your permit application has been denied or your permit has 
been revoked, APHIS will inform you in writing, including by electronic 
methods, as promptly as circumstances permit and will include the 
reasons for the denial or revocation. You may appeal the decision by 
writing to APHIS within 10 business days from the date you received the 
communication notifying you of the denial or revocation of the permit. 
Your appeal must state all facts and reasons upon which you are relying 
to show that your permit application was wrongfully denied or your 
permit was wrongfully revoked. APHIS will grant or deny the appeal in 
writing and will state in writing the reason for the decision. The 
denial or revocation will remain in effect during the resolution of the 
appeal.
* * * * *

PART 360--NOXIOUS WEED REGULATIONS

0
43. The authority citation for part 360 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.


0
44. Section 360.304 is amended as follows:
0
a. By revising the section heading.
0
b. In paragraph (a)(5), by removing the period at the end of the 
sentence and adding the word ``; or'' in its place.
0
c. By adding new paragraphs (a)(6) and (a)(7).
0
d. In paragraph (b), introductory text, by removing the word ``cancel'' 
and adding the word ``revoke'' in its place.
0
e. In paragraph (c), by removing the word ``canceled'' each time it 
appears and adding the word ``revoked'' in its place, and by removing 
the word ``cancellation'' and adding the word ``revocation'' in its 
place.
    The revision and additions read as follows:


Sec.  360.304  Denial of an application for a permit to move a noxious 
weed; revocation of a permit to move a noxious weed.

    (a) * * *
    (6) The application for the permit contains information that is 
found to be materially false, fraudulent, or deceptive; or
    (7) APHIS may deny a permit to a person who has previously failed 
to comply with any APHIS regulation.
* * * * *

0
45. Section 360.305 is amended as follows:
0
a. By revising the section heading.
0
b. By removing the word ``canceled'' each time it appears and adding 
the word ``revoked'' in its place.
    The revision reads as follows:


Sec.  360.305  Disposal of noxious weeds when permits are revoked.

* * * * *

    Done in Washington, DC, this 4th day of April 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-08095 Filed 4-9-14; 8:45 am]
BILLING CODE 3410-34-P