Importation of Plants for Planting, 74585-74594 [2014-29114]

Download as PDF 74585 Rules and Regulations Federal Register Vol. 79, No. 241 Tuesday, December 16, 2014 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. OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 532 Prevailing Rate Systems CFR Correction In Title 5 of the Code of Federal Regulations, Parts 1 to 699, revised as of January 1, 2014, on page 445, in appendix C to subpart B of part 532, under Colorado, under the subheading ‘‘Southern Colorado’’, under ‘‘Area of Application. Survey area plus:’’, remove the entry for Montrose. ■ [FR Doc. 2014–29465 Filed 12–15–14; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Parts 319 and 361 [Docket No. APHIS–2008–0071] RIN 0579–AD47 Importation of Plants for Planting Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. AGENCY: We are amending the regulations on importing plants for planting to add Turkey to the list of countries from which the importation of restricted articles of Chrysanthemum spp., Leucanthemella serotina, and Nipponanthemum nipponicum into the United States is prohibited due to the presence of white rust of Chrysanthemum; to require permits for the importation of any seed that is coated, pelleted, or embedded in a substrate that obscures visibility; to provide for an alternate additional declaration on phytosanitary certificates tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 17:47 Dec 15, 2014 Jkt 235001 that accompany articles imported from a country in which potato cyst nematodes are known to occur; to provide conditions for the importation of Prunus spp. articles from Canada that address the presence of plum pox potyvirus in that country; and to provide for the importation of Dianthus spp. (carnations) from the Netherlands. We are also making other changes to update and clarify the regulations and to improve their effectiveness. These changes are necessary to relieve restrictions that appear unnecessary, to update existing provisions, and to make the regulations easier to understand and implement. DATES: Effective January 15, 2015. FOR FURTHER INFORMATION CONTACT: Ms. Heather Coady, Regulatory Policy Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737; (301) 851–2076. SUPPLEMENTARY INFORMATION: Background The regulations in 7 CFR part 319 prohibit or restrict the importation of certain plants and plant products into the United States to prevent the introduction of quarantine plant pests. The regulations contained in ‘‘Subpart— Plants for Planting,’’ §§ 319.37 through 319.37–14 (referred to below as the regulations), restrict among other things, the importation of living plants, plant parts, and seeds for propagation or planting. On February 12, 2013, we published in the Federal Register (78 FR 9851– 9865, Docket No. APHIS–2008–0071) a proposed rule 1 to amend various provisions of the regulations. We solicited comments concerning our proposal for 60 days ending April 15, 2013. We received eight comments by that date. They were from the national plant protection organization (NPPO) of a foreign country, an organization representing wholesale exporters of plants for planting from a foreign country, a national organization that represents State departments of agriculture, a State department of agriculture, a national organization representing gardeners within the United States, and private citizens. The 1 To view the proposed rule, its supporting documents, or the comments that we received, go to http://www.regulations.gov/#!docketDetail;D= APHIS-2008-0071. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 comments that we received are discussed below, by topic. Comments Regarding ‘‘Bulb’’ and ‘‘Dormant Herbaceous Perennial’’ Section 319.37–1 contains definitions of terms used in the regulations. Bulb is defined in that section as: ‘‘The portion of a plant commonly known as a bulb, bulbil, bulblet, corm, cormel, rhizome, tuber, or pip, and including fleshy roots or other underground fleshy growths, a unit of which produces an individual plant.’’ In the proposed rule, we proposed to revise the definition of bulb. As we proposed to revise it, the definition would have been: ‘‘The storage organ of a plant that serves as the plant’s sexual structure during dormancy. Examples include bulbs, bulbils, bulblets, corms, and cormels. For purposes of this subpart, a bulb remains a bulb until such time as environmental conditions induce it to produce shoots. It is then considered a plant.’’ We proposed this revision based on our belief that certain of the types of plant parts provided in the definition as examples of bulbs were actually better categorized as dormant herbaceous perennials. For that reason, we also proposed to add a definition of dormant herbaceous perennial to the regulations. We proposed to define dormant herbaceous perennial in the following manner: ‘‘Except for bulbs, the portions of an herbaceous perennial that remain after the above-ground parts of the plant have died back to the earth after the growing season and the plant remains dormant. Examples include rhizomes, tubers, tuberous roots, pips, fleshy roots, divisions, and underground fleshy growths. For purposes of this subpart, dormant herbaceous perennials remain dormant herbaceous perennials until such time as environmental conditions induce them to sprout. They are then considered plants.’’ Two commenters asked whether it was our intent to retroactively apply the term dormant herbaceous perennial to certain articles that are currently authorized importation into the United States as bulbs. If so, the commenters asked whether this change in nomenclature would have any impact on preclearance programs or port-offirst-arrival procedures for the articles. The commenters also expressed concern that adding a definition of dormant herbaceous perennial to the regulations E:\FR\FM\16DER1.SGM 16DER1 74586 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations could inadvertently adversely impact trade in bulbs. Another commenter asked what our scientific basis was for proposing to classify tubers and pips as dormant herbaceous perennials. The commenter pointed out that tubers and pips are the storage organs for several species of plants that do not have above-ground parts. Conversely, the commenter pointed to several species of rhizomes that would not meet our proposed definition of dormant herbaceous perennial because they maintain aboveground parts during the plant’s dormancy. The same commenter also stated that several of the terms used in our proposed definitions of bulb and dormant herbaceous perennial, such as ‘‘divisions’’ and fleshy growths,’’ are not currently terms with clearly delineated meanings within the field of botany. Similarly, the commenter stated that most botanists would not consider a bulb to be a sexual structure. Based on the issues identified and concerns raised by commenters, we have decided not to finalize our proposed revision to the definition of bulb or our proposed definition of dormant herbaceous perennial. While we maintain that the current definition of bulb should be revised, we will continue to dialogue with regulated entities and other stakeholders regarding the best manner to do so. tkelley on DSK3SPTVN1PROD with RULES Comment Regarding Potato Cyst Nematode Prevalence in Canada In § 319.37–5, paragraph (a) lists regions of the world in which potato cyst nematodes (PCN, Globodera rostochiensis (Woll.) Behrens and G. pallida (Stone) Behrens) are known to exist and places restrictions on the importation of restricted articles from those regions. In our proposed rule, we proposed to revise and update the list. Among other revisions, we proposed to amend the manner in which the list refers to areas in Canada that are regulated for PCN. We pointed out that the list only contains two areas in Canada that the NPPO of Canada regulates for PCN, Newfoundland and a portion of the Municipality of Central Saanich in the Province of British Columbia; however, two other such areas exist, in Alberta and Quebec. For this reason, we proposed to amend the list to refer to all areas of Canada that are regulated by the NPPO of Canada for PCN. To further justify this amendment, we stated that the movement of soil within Canada has historically not been stringently regulated, and there is a significant VerDate Sep<11>2014 16:25 Dec 15, 2014 Jkt 235001 possibility of future detections of PCN in other areas of Canada. One commenter agreed with our proposed amendment and our rationale that there may be future detections of PCN in other areas within Canada, but disagreed with our assertion that the movement of soil in Canada has historically not been stringently regulated. The commenter pointed to several long-standing directives that the NPPO of Canada has issued that regulate the movement of soil in Canada. We acknowledge that the NPPO of Canada has long placed restrictions on the movement of soil in Canada, and agree that the proposed rule should not have suggested otherwise. We note, however, that the commenter agreed that there is a possibility of future detections of PCN in Canada, and likewise agreed that this provides a sufficient rationale for our proposed amendment to the list. Therefore, based on this rationale, we are finalizing that amendment. Importation of Restricted Articles of the Genera Chaenomeles, Cydonia, Malus, Prunus, Pyrus, and Vitis At the time our proposed rule was issued, paragraph (b)(1) of § 319.37–5 contained requirements for the importation of restricted articles (except seeds) of Chaenomeles, Cydonia, Malus, Prunus, and Pyrus spp. from Belgium, Canada, France, Germany, Great Britain, and the Netherlands, as well as Vitis spp. restricted articles (except seeds) from Canada. It authorized the importation of these articles, provided that they are accompanied by a phytosanitary certificate with an additional declaration that the articles were grown in a nursery and found by the NPPO of the country in which they were grown to be free of certain plant diseases, or alternatively, with an additional declaration that those plant diseases do not occur in that country. Paragraph (b)(3) of § 319.37–5 listed the relevant plant diseases. Paragraph (b)(2) of § 319.37–5 was meant to complement paragraph (b)(1), and contained what were intended to be conditions for the importation of budwood of certain Prunus species that are susceptible to plum pox potyvirus from Belgium, France, Germany, Great Britain, or the Netherlands. Paragraph (j)(1) of § 319.37–5 contained conditions for the importation of seed of Prunus spp. that are susceptible to plum pox potyvirus from Belgium, France, Germany, Great Britain, or the Netherlands. Paragraph (j)(2) of § 319.37–5 complemented paragraph (j)(1) and provided additional conditions for the importation of seed of PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 these Prunus spp. from all other countries, unless plum pox potyvirus is known to exist in that country. In our proposed rule, we proposed to revise and consolidate paragraphs (b) and (j). We proposed to do so primarily in order to make the scope and intent of these paragraphs clearer, but also in order to add provisions regarding grafted plants to paragraph (b)(1), in order to update the list of plant diseases, and in order to reflect the detection of plum pox potyvirus in Canada, Argentina, Chile, and Japan. (We also proposed certain harmonizing changes to provisions in § 319.37–2 and § 319.37–7 that referred to these paragraphs of § 319.37–5. We did so in order to ensure the internal consistency of the regulations.) Of the revisions to paragraphs (b) and (j) of § 319.37–5 that we proposed, we are finalizing those that pertained to the importation of Prunus spp. seed into the United States without modification. With regard to the other proposed revisions, we are finalizing them with several modifications. We discuss the nature of and reasons for these modifications in the following paragraphs. A commenter agreed with the majority of the revisions to the list of plant diseases that we proposed. However, the commenter asked us to remove the following plant diseases from the list: Grapevine corky bark ‘‘Legno riccio’’ agent, grapevine leaf roll viruses, grapevine stem pitting agent, and grapevine yellows disease bacterium. The commenter stated that these diseases are widely distributed in the United States and are not under official control by the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA). In response to this comment, USDA’s Agricultural Research Service reviewed the distribution of these diseases within the United States, and agreed with the commenter that they are in fact widely distributed. Moreover, the commenter is correct that none of these diseases are under official control by APHIS. Therefore, we are removing the agents from the list. We are finalizing the other revisions to the list that we proposed. We are finalizing our proposed revisions to the requirements for the importation of restricted articles (except seeds) of Chaenomeles, Cydonia, Malus, Prunus, and Pyrus spp. from Belgium, Canada, France, Germany, Great Britain, and the Netherlands, as well as Vitis spp. from Canada, with several modifications. We have also modified our proposed revisions to the requirements for the importation of E:\FR\FM\16DER1.SGM 16DER1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations budwood of certain Prunus species that are susceptible to plum pox potyvirus from Belgium, Canada, France, Germany, Great Britain, or the Netherlands. We are doing so because of a notice that we published in the Federal Register on April 18, 2013 (78 FR 23209–23219, Docket No. APHIS– 2011–0072). In that notice, pursuant to paragraph (b) of § 319.37–2(a), we added Chaenomeles and Cydonia spp. plants for planting, except seed, from all countries other than Canada; Malus spp. plants for planting, except seed, from all countries other than Belgium, Canada, France, Germany, or the Netherlands; Prunus spp. plants for planting, except seed, from all countries other than Canada and the Netherlands; and Pyrus spp. plants for planting, except seed, from all countries other than Canada to a list of taxa whose importation into the United States is not authorized pending pest risk analysis (referred to below as the NAPPRA list). The revisions that we proposed to the requirements in paragraph (b)(1) of § 319.37–5 regarding the importation of restricted articles of Chaenomeles, Cydonia, Malus, Prunus, Pyrus, and Vitis spp. predated the issuance of the notice, and therefore need to be revised in light of it. Primarily, we wish to ensure that paragraph (b)(1) could not be construed to authorize the importation of Chaenomeles, Cydonia, Malus, Prunus, Pyrus, or Vitis spp. restricted articles from a country that was added to the NAPPRA list in the notice. Accordingly, in this final rule, paragraph (b)(1)(i) of § 319.37–5 contains conditions for the importation of Chaenomeles spp. and Cydonia spp. restricted articles (except seeds) from Canada. Paragraph (b)(1)(ii) of § 319.37– 5 contains conditions for the importation of Malus spp. restricted articles (except seeds) from Belgium, Canada, France, Germany, or the Netherlands. Paragraph (b)(1)(iii) of § 319.37–5 contains conditions for the importation of Prunus spp. restricted articles (except seeds) not susceptible to plum pox potyvirus from Canada or the Netherlands. Paragraph (b)(1)(iv) of § 319.37–5 contains conditions for the importation of Pyrus spp. restricted articles (except seeds) from Canada. Finally, paragraph (b)(1)(v) of § 319.37– 5 contains conditions for the importation of Vitis spp. restricted articles (except seeds) from Canada. These paragraphs retain the provisions that we would have added to paragraph (b)(1) of § 319.37–5 regarding grafted articles, or articles in which plant parts from one plant are inserted into those of another plant for purposes VerDate Sep<11>2014 16:25 Dec 15, 2014 Jkt 235001 of propagation, and are, in other respects, substantially similar in content to our proposed revisions to paragraph (b)(1) of § 319.37–5. However, we believe that, by dividing paragraph (b)(1) into commodity-specific subparagraphs, we will provide importers and other interested parties with greater clarity regarding our importation requirements for a given species. The additions to the NAPPRA list in the notice also led us to modify our proposed revisions to paragraph (b)(2) of § 319.37–5. In this final rule, paragraph (b)(2) of § 319.37–5 now only contains conditions for the importation of budwood of Prunus spp. susceptible to plum pox potyvirus from the Netherlands. The additions to the NAPPRA list in the notice required us to modify some of our proposed harmonizing changes to §§ 319.37–2 and 319.37–7. Within § 319.37–7, paragraph (a)(3) contains a table requiring certain restricted articles (excluding seeds) from certain countries to be grown under post-entry quarantine conditions in order for the articles to be imported into the United States. The table had contained entries requiring post-entry quarantine for Chaenomeles, Cydonia, and Pyrus spp. restricted articles that meet the conditions for importation in § 319.37–5(b). However, as a result of the changes to the NAPPRA list, these species of articles may only be imported into the United States from Canada, and, because of long-standing operational practices, we do not require post-entry quarantine for restricted articles from Canada. As a result, we are removing the entries for Chaenomeles, Cydonia, and Pyrus spp. restricted articles from the table. In our proposed rule, the entries for Chaenomeles and Cydonia spp. articles in a table in § 319.37–2 would have prohibited the importation of any articles of those species that did not meet the conditions for importation in § 319.37–5(b) and § 319.37–7. Because we have removed the entries for Chaenomeles and Cydonia spp. restricted articles from § 319.37–7, the entries for those species in the table in § 319.37–2 do not refer to § 319.37–7. In our proposed rule, our proposed revision to the entry in the table in § 319.37–7 for Prunus spp. would have required post-entry quarantine for Prunus spp. restricted articles imported from all countries listed in § 319.37–5(b) except Canada. In this final rule, as a result of the NAPPRA notice, it requires post-entry quarantine for all Prunus spp. restricted articles imported into the United States from the Netherlands. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 74587 Finally, in the course of reviewing our proposed revisions to § 319.37–5 in light of the NAPPRA notice, we realized that both proposed paragraph (b)(4)(i) and paragraph (b)(4)(ii) of § 319.37–5 could be construed to contain provisions regarding the importation of seed of Prunus spp. susceptible to plum pox (=Sharka) potyvirus from Belgium, Canada, France, Germany, Great Britain, and the Netherlands. However, we only intended proposed paragraph (b)(4)(i) to contain such provisions. As a result, we have made editorial revisions to paragraph (b)(4)(ii) to clarify its scope. Comment Regarding the Importation of Dianthus spp. From the Netherlands In our proposed rule, we proposed to authorize the importation of Dianthus spp. (carnations) from the Netherlands, subject to certain conditions proposed to us by the NPPO of the Netherlands. One commenter expressed general concern that the importation of Dianthus spp. from the Netherlands could result in the introduction of plant pests into the United States, but did not cite any particular plant pest risks or scientific evidence to elaborate on this general concern. As we mentioned in the proposed rule, we evaluated the conditions for the importation of Dianthus spp. from the Netherlands that the NPPO of the Netherlands proposed, and determined that they address the plant pest risk associated with such importation. Controlled Import Permits In the proposed rule, we proposed to amend § 319.37–1 to add a definition of Administrator to that section. However, on May 2, 2013, we published in the Federal Register a final rule (78 FR 25565–25572, Docket No. APHIS–2008– 0055) that amended the regulations to establish the controlled import permit as a single type of authorization for the importation into the United States of otherwise prohibited or restricted plants for planting for experimental, therapeutic, or developmental purposes. Among other changes, that final rule added an identical definition of Administrator to the one we proposed to add to § 319.37–1. Accordingly, since a definition of Administrator has already been added to the regulations, and this definition mirrors the one we proposed, we do not need to finalize our proposed definition. Consolidation of Permits In the proposed rule, we proposed a number of revisions to § 319.37–3 of the regulations. Among other proposed revisions to that section, we proposed to revise paragraph (d) to incorporate E:\FR\FM\16DER1.SGM 16DER1 74588 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations nonsubstantive editorial changes that updated and simplified its language. However, in a final rule published in the Federal Register on April 10, 2014 (79 FR 19805–19812, Docket No. APHIS–2011–0085), we simplified the language in paragraph (d) in a manner which obviates the need for our proposed revisions. Accordingly, we are not finalizing these proposed revisions. 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 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 identifies importers and wholesale merchants of flowers, nursery stock, and florists’ supplies, as well as wholesale merchants of fresh fruits and vegetables, as the small entities most likely to be affected by this action. The analysis considers the losses that may occur due to relaxing restrictions on the importation of certain plants for planting into the United States, while strengthening or expanding the scope of certain other restrictions. The analysis expects such losses to be relatively minor and anticipates that they would not substantively adversely impact small entities. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action would not have a significant economic impact on a substantial number of small entities. tkelley on DSK3SPTVN1PROD with RULES Executive Order 12988 This 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 This rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The information collection or recordkeeping requirements included in the regulations amended by this rule VerDate Sep<11>2014 16:25 Dec 15, 2014 Jkt 235001 have been approved by the Office of Management and Budget (OMB) under OMB control number 0579–0049. E-Government Act Compliance The Animal and Plant Health Inspection Service is committed to compliance with the E-Government Act to promote the use of the Internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes. For information pertinent to E-Government Act compliance related to this rule, please contact Ms. Kimberly Hardy, APHIS’ Information Management Specialist, at (301) 851–2727. 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 361 Agricultural commodities, Imports, Labeling, Quarantine, Reporting and recordkeeping requirements, Seeds, Vegetables, Weeds. Accordingly, we are amending 7 CFR parts 319 and 361 as follows: PART 319—FOREIGN QUARANTINE NOTICES 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. § 319.37 [Amended] 2. In § 319.37, in paragraph (b), the final sentence is amended by removing the words ‘‘and the availability of treatment facilities for the article’’ and adding in their place the words ‘‘the availability of treatment facilities for the article, and any other factors pertaining to the risk that the article may present to plants, plant parts, or plant products within the United States that he or she considers necessary’’. ■ 3. Section 319.37–1 is amended as follows: ■ a. In the definition of from, in paragraph (b), by adding the words ‘‘or an article whose importation into the United States is not authorized pending pest risk analysis’’ after the words ‘‘prohibited article’’, and by removing the words ‘‘(c), (d), (e), (f), (g), (h), (i), (j)’’ and adding the words ‘‘(b)(2), (b)(3), (b)(4), (c), (d), (e), (f), (g), (h), (i)’’ in their place; ■ PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 b. In the definition of from by redesignating paragraphs (a) through (d) as paragraphs (1) through (4), respectively; and ■ c. By revising the definition of phytosanitary certificate of inspection. The revision reads as follows: ■ § 319.37–1 Definitions. * * * * * Phytosanitary certificate of inspection. A document, including electronic versions, that is related to a restricted article and is issued not more than 15 days prior to shipment of the restricted article from the country in which it was grown and that: (1) Is patterned after the model certificate of the International Plant Protection Convention, a multilateral convention on plant protection under the authority of the Food and Agriculture Organization of the United States (FAO); (2) Is issued by an official of a foreign national plant protection organization in one of the five official languages of the FAO; (3) Is addressed to the national plant protection organization of the United States (Animal and Plant Health Inspection Service); (4) Describes the shipment; (5) Certifies the place of origin for all contents of the shipment; (6) Certifies that the shipment has been inspected and/or tested according to appropriate official procedures and is considered free from quarantine pests of the United States; (7) Contains any additional declarations required by this subpart; and (8) Certifies that the shipment conforms with the phytosanitary requirements of the United States and is considered eligible for importation pursuant to the laws and regulations of the United States. * * * * * ■ 4. In § 319.37–2, in paragraph (a), the table is amended as follows: ■ a. By removing the entries for ‘‘Arikuryoba spp. (arikury palm)’’, ‘‘Chrysalidocarpus spp. (butterfly palm)’’, ‘‘Mahoberberis spp. (plants of all species and horticultural varieties not designated as resistant to black stem rust in accordance with § 301.38–1 of this chapter)’’, ‘‘Mahoberberis spp. destined to an eradication State listed in § 301.38–2(a) of this chapter (plants of all species and horticultural varieties designated as resistant to black stem rust in accordance with § 301.38–1 of this chapter)’’, ‘‘Mahoberberis spp. seed’’, ‘‘Mahonia spp. (mahonia) (plants of all species and horticultural varieties E:\FR\FM\16DER1.SGM 16DER1 74589 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations not designated as resistant to black stem rust in accordance with § 301.38–1 of this chapter)’’, ‘‘Mahonia spp. (mahonia) destined to an eradication State listed in § 301.38–2(a) of this chapter (plants of all species and horticultural varieties designated as resistant to black stem rust in accordance with § 301.38–1 of this chapter)’’, ‘‘Mahonia spp. seed’’, and ‘‘Neodypsis spp. (palm)’’; ■ b. In the entry for ‘‘Acer spp. (maple) (except Acer palmatum and Acer japonicum meeting the conditions for importation in § 319.37–5(m)’’, by removing the words ‘‘in § 319.37–5(m)’’ and adding the words ‘‘in §§ 319.37–5 or 319.37–7’’ in their place; ■ c. In the entry for ‘‘Berberis spp. (barberry) (plants of all species and horticultural varieties not designated as resistant to black stem rust in accordance with § 301.38–1 of this chapter)’’, by removing the word ‘‘(barberry)’’ and adding the words ‘‘(barberry, includes Mahoberberis and Mahonia spp.)’’ in its place; ■ d. In the entry for ‘‘Berberis spp. (barberry) destined to an eradication State listed in § 301.38–2a of this chapter (plants of all species and horticultural varieties designated as resistant to black stem rust in accordance with § 301.38–1 of this chapter),’’ by removing the word ‘‘(barberry)’’ and adding the words ‘‘(barberry, includes Mahoberberis and Mahonia spp.)’’ in its place; ■ e. In the entry for ‘‘Berberis spp. (barberry) seed’’, by removing the word ‘‘(barberry)’’ and adding the words ‘‘(barberry, includes Mahoberberis and Mahonia spp.)’’ in its place; ■ f. By revising the entry for ‘‘Chaenomeles spp. (flowering quince) not meeting the conditions for importation in § 319.37–5(b)’’; ■ g. By revising the entry for ‘‘Chrysanthemum, spp. (chrysanthemum, includes Dendranthema spp.)’’; ■ h. By adding an entry for ‘‘Dypsis spp. (butterfly palm)’’ in alphabetical order; ■ i. By revising the entry for ‘‘Leucanthemella serotina’’; ■ j. In the entry for ‘‘Malus spp. (apple, crabapple) not meeting the conditions for importation in § 319.37–5(b)’’, by removing the words ‘‘in § 319.37–5(b)’’ and adding the words ‘‘in §§ 319.37– 5(b) and 319.37–7’’ in their place; ■ k. By revising the entry for ‘‘Nipponanthemum nipponicum’’; l. By removing the entry for ‘‘Prunus spp. (almond, apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) not meeting the conditions for importation in § 319.37–5(b)’’ and adding a new entry for ‘‘Prunus spp. not meeting the conditions for importation in § 319.37–5(b)’’ in its place; ■ m. By removing the entry for ‘‘Prunus spp. seed only (almond, apricot, nectarine, peach, plum, and prune, but not species in subgenus Cerasus) not meeting the conditions for importation in § 319.37–5(j)’’ and adding a new entry for ‘‘Prunus spp. seed only not meeting the conditions for importation in § 319.37–5(b)’’ in its place; ■ n. In the entry for ‘‘Salix spp. (willow)’’, by removing the words ‘‘Erwinia salicis (Day) Chester’’ and adding the words ‘‘Brenneria salicis (Day) Hauben et al., syn. Erwinia salicis (Day) Chester’’ in their place; and ■ o. By adding an entry for ‘‘Syagrus schizophylla (Mart.) Glassman (arikury palm)’’ in alphabetical order. The additions and revisions read as follows: ■ § 319.37–2 Prohibited articles. (a) * * * Foreign places from which prohibited Quarantine pests existing in the places named and capable of being transported with the prohibited article * * * Chaenomeles spp. (flowering quince) not meeting the conditions for importation in §§ 319.37–5(b). Chrysanthemum spp. (chrysanthemum, includes Dendranthema spp.) not meeting the conditions for importation in §§ 319.37–5(c) and 319.37–7. * All .............................. * * * A diversity of diseases including but not limited to those listed for Chaenomeles in § 319.37–5(b). Puccinia horiana P. Henn. (white rust of chrysanthemum). * * * Dypsis spp. (butterfly palm) .................................................. * All .............................. * * * A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease. * * * Leucanthemella serotina not meeting the conditions for importation in §§ 319.37–5(c) and 319.37–7. * All .............................. * * * Puccinia horiana P. Henn. (white rust of chrysanthemum). * * * Nipponanthemum nipponicum not meeting the conditions for importation in §§ 319.37–5(c) and 319.37–7. * All .............................. * * * Puccinia horiana P. Henn. (white rust of chrysanthemum). * * * Prunus spp. not meeting the conditions for importation in § 319.37–5(b). Prunus spp. seed only not meeting the conditions for importation in § 319.37–5(b). * All .............................. * * * A diversity of diseases including but not limited to those listed for Prunus in § 319.37–5(b). Plum pox (=Sharka) potyvirus. * * * Syagrus schizophylla (Mart.) Glassman (arikury palm) ....... tkelley on DSK3SPTVN1PROD with RULES Prohibited article (includes seeds only if specifically mentioned) * All .............................. * * * * * * 5. Section 319.37–3 is amended as follows: ■ 16:25 Dec 15, 2014 All .............................. * * VerDate Sep<11>2014 All .............................. Jkt 235001 * * * A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease. * * a. By revising paragraphs (a)(1) through (11); ■ PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 * * b. By removing paragraphs (a)(12) through (19); and ■ c. By adding paragraph (b). ■ E:\FR\FM\16DER1.SGM 16DER1 74590 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations The revisions and addition read as follows: tkelley on DSK3SPTVN1PROD with RULES § 319.37–3 Permits. (a) * * * (1) Lots of 13 or more articles (other than seeds of herbaceous plants, precleared bulbs of a taxon approved by APHIS for preclearance, or sterile cultures of orchid plants) from any country or locality except Canada; (2) Seeds of non-herbaceous plants, such as trees and shrubs, from any country or locality except Canada; (3) Articles subject to the requirements of § 319.37–5; (4) Articles subject to the postentry quarantine conditions of § 319.37–7; (5) Small lots of seed imported in accordance with § 319.37–4(d) of this subpart; (6) Articles subject to treatment and other requirements of § 319.37–6; (7) Seed of herbaceous plants for planting that is coated, pelleted, or embedded in a substrate that obscures visibility; (8) Articles (except seeds) of Malus spp. (apple, crabapple), Pyrus spp. (pear), Prunus spp., Cydonia spp. (quince), Chaenomeles spp. (flowering quince), Rubus spp. (cloudberry, blackberry, boysenberry, dewberry, loganberry, raspberry), and Vitis spp. (grape) from Canada; (9) Articles (except seeds) of Fraxinus spp. (ash) from counties or municipal regional counties in Canada that are not regulated for emerald ash borer (EAB) but that are within an EAB-regulated Province or Territory and are not prohibited under § 317.37–2; (10) Articles (except seeds) of Pinus spp. from Canada; and (11) Solanum tuberosum true seed from New Zealand and the X region of Chile (that area of Chile between 39° and 44° South latitude—see § 317.37– 5(o)); (b) An application for a written permit should be submitted to the Plant Protection and Quarantine Programs (Animal and Plant Health Inspection Service, Plant Protection and Quarantine, 4700 River Road Unit 136, Riverdale, MD 20737–1236) at least 30 days prior to the arrival of the article at the port of entry. The completed application must contain the following information: (1) Name, address, and telephone number of the importer; (2) Approximate quantity and kinds (botanical designations) of articles intended to be imported; (3) Country(ies) or locality(ies) where grown; (4) Intended United States port of entry; VerDate Sep<11>2014 16:25 Dec 15, 2014 Jkt 235001 (5) Means of transportation, e.g., mail, airmail, express, air express, freight, airfreight, or baggage; and (6) Expected date of arrival. * * * * * ■ 6. Section 319.37–4 is amended as follows: ■ a. By revising paragraph (a) introductory text; ■ b. In paragraph (a)(4), by removing the word ‘‘Bulbs’’ and adding the words ‘‘Small packages of bulbs offered to travelers returning’’ in its place, and by adding the word ‘‘within’’ before the words ‘‘6 weeks after the issuance’’; and ■ c. In paragraph (b), by removing the words ‘‘may be sampled and inspected’’ and adding the words ‘‘must be presented for inspection’’ in their place. The revision reads as follows: § 319.37–4 Inspection, treatment, and phytosanitary certificates of inspection. (a) Phytosanitary certificates of inspection. Any restricted article offered for importation into the United States must be accompanied by a phytosanitary certificate, unless the article is explicitly exempted from this requirement in the paragraphs below. The phytosanitary certificate must identify the genus of the article it accompanies. When the regulations in this subpart place restrictions on individual species or cultivars within a genus, the phytosanitary certificate must also identify the species or cultivar of the article it accompanies. If the plant is grafted, budded, or otherwise contains interpolated plant parts, the phytosanitary certificate must list the identity of any plant parts (e.g., scion, rootstock, or interstem) that belong to restricted taxa to the lowest regulated taxon, e.g., genus, species, or cultivar. Otherwise, identification of the species is strongly preferred, but not required. Intergeneric and interspecific hybrids must be designated by placing the multiplication sign ‘‘x’’ between the names of the parent taxa. If the hybrid is named, the multiplication sign may instead be placed before the name of an intergeneric hybrid or before the epithet in the name of an interspecific hybrid. Phytosanitary certificates are not required to accompany the following restricted articles: * * * * * ■ 7. Section 319.37–5 is amended as follows: ■ a. By revising paragraphs (a), (b), and (c); ■ b. In paragraph (d), by adding the words ‘‘or the Netherlands’’ after the words ‘‘Great Britain’’ each time they occur; ■ c. By removing and reserving paragraph (j); PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 d. In paragraph (k), by removing the word ‘‘Feijoa’’ and adding the words ‘‘Acca sellowiana (O. Berg) Burret’’ in its place; ■ e. In paragraph (m), by adding the words ‘‘, and unless the article is subject to the postentry quarantine requirements of § 319.37–7(a)’’ at the end of the sentence; and ■ f. In paragraph (v)(4)(iv), by removing the words ‘‘to the plants’’. The revisions read as follows: ■ § 319.37–5 Special foreign inspection and certification requirements. (a) Any restricted article (except seeds, unrooted cuttings, and articles declared solely for food, analytical, or manufacturing purposes) from Albania, Algeria, Argentina, Armenia, Australia, Austria, Azerbaijan, Azores, Belarus, Belgium, Bolivia, Bulgaria, Canada (all areas regulated by the national plant protection organization of Canada for potato cyst nematodes), Channel Islands, Chile, Columbia, Costa Rica, Crete, Croatia, Cyprus, Czech Republic, Denmark (including Faeroe Islands), Ecuador, Egypt, Estonia, Falkland Islands, Finland, France, Georgia, Germany, Great Britain, Greece, Guernsey, Hungary, Iceland, India, Indonesia, Ireland, Italy, Japan, Jersey, Jordan, Kazakhstan, Kyrgyzstan, Latvia, Lebanon, Libya, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Republic of Moldova, Morocco, the Netherlands, New Zealand, Northern Ireland, Norway, Pakistan, Panama, Peru, the Philippines, Poland, Portugal (including Madeira), Romania, Russian Federation, Serbia and Montenegro, Sierra Leone, Slovakia, Slovenia, South Africa, Spain (including Canary Islands and Mallorca), Sri Lanka, Sweden, Switzerland, Tajikistan, Tunisia, Turkey, Turkmenistan, Ukraine, Uzbekistan, and Venezuela must be accompanied by a phytosanitary certificate of inspection with an additional declaration either: (1) That the article was grown on land or in a substrate which has been microscopically inspected by the national plant protection organization of the country in which it was grown within 12 months preceding issuance of the certificate and found free from potato cyst nematodes, Globodera rostochiensis (Woll.) Behrens and G. pallida (Stone) Behrens; or (2) That the article has been grown within a secure environment in a production area that is free of potato cyst nematodes, in a soilless growing medium, or in vitro, and has never been grown in soil nor come in contact with soil. E:\FR\FM\16DER1.SGM 16DER1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations (b)(1)(i) Restricted articles (except seeds) of Chaenomeles spp. (flowering quince) or Cydonia spp. (quince) from Canada, at the time of arrival at the port of first arrival in the United States, must be accompanied by a phytosanitary certificate that contains an additional declaration that the article was grown in a nursery in Canada and that the article was found by the national plant protection organization of Canada to be free of the injurious plant pathogens listed in paragraphs (b)(5)(i), (ii), (iv), (xviii), (xix), (xx), and (xxi) of this section. The determination by the national plant protection organization that the article is free of these pathogens will be based on visual examination and indexing of the parent stock of the article and inspection of the nursery where the restricted article is grown to determine that the nursery is free of the specified pathogens. An additional declaration on the phytosanitary certificate of inspection by the national plant protection organization that a pathogen does not occur in Canada may be used in lieu of visual examination and indexing of the parent stock for that pathogen and inspection of the nursery. Finally, for articles containing more than one plant part (e.g., grafted or budded plants), if the scion, interstem, rootstock, or any other plant part of the finished plant that is offered for importation belongs to a taxon listed within this paragraph as a regulated taxon, the additional declaration must address the quarantine pests and related restrictions associated with that taxon. The additional declaration must list all plant parts of regulated taxa that have been incorporated into the finished plant. (ii) Restricted articles (except seeds) of Malus spp. (apple, crabapple) from Belgium, Canada, France, Germany, or the Netherlands, at the time of arrival at the port of first arrival in the United States, must be accompanied by a phytosanitary certificate that contains an additional declaration that the article was grown in a nursery in Belgium, Canada, France, Germany, or the Netherlands, and that the article was found by the national plant protection organization of the country in which it was grown to be free of the injurious plant pathogens listed in paragraphs (b)(5)(i), (ii), (iii), (vi), (vii), (viii), (xxii), (xxiii), (xl), (xli), (xlii), and (xliii) of this section. The determination by the national plant protection organization that the article is free of these pathogens will be based on visual examination and indexing of the parent stock of the article and inspection of the nursery where the restricted article is grown to VerDate Sep<11>2014 16:25 Dec 15, 2014 Jkt 235001 determine that the nursery is free of the specified pathogens. An additional declaration on the phytosanitary certificate of inspection by the national plant protection organization that a pathogen does not occur in the country in which the article is grown may be used in lieu of visual examination and indexing of the parent stock for that pathogen and inspection of the nursery. Finally, for articles containing more than one plant part (e.g., grafted or budded plants), if the scion, interstem, rootstock, or any other plant part of the finished plant that is offered for importation belongs to a taxon listed within this paragraph as a regulated taxon, the additional declaration must address the quarantine pests and related restrictions associated with that taxon. The additional declaration must list all plant parts of regulated taxa that have been incorporated into the finished plant. (iii) Restricted articles (except seeds) of Prunus spp. (almond, apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) not susceptible to plum pox (=Sharka) potyvirus (P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) from Canada or the Netherlands, at the time of arrival at the port of first arrival in the United States, must be accompanied by a phytosanitary certificate that contains an additional declaration that the article was grown in a nursery in Canada or the Netherlands and that the article was found by the national plant protection organization of the country in which it was grown to be free of the injurious plant pathogens listed in paragraphs (b)(5)(i), (x) through (xvii), (xxii), and (xliii) of this section. The determination by the national plant protection organization that the article is free of these pathogens will be based on visual examination and indexing of the parent stock of the article and inspection of the nursery where the restricted article is grown to determine that the nursery is free of the specified pathogens. An additional declaration on the phytosanitary certificate of inspection by the national plant protection organization that a pathogen does not occur in the country in which the article is grown may be used in lieu of visual examination and indexing of the parent stock for that pathogen and inspection of the nursery. Finally, for articles containing more than one plant part (e.g., grafted or budded plants), if the scion, interstem, rootstock, or any other plant part of the finished plant that is PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 74591 offered for importation belongs to a taxon listed within this paragraph as a regulated taxon, the additional declaration must address the quarantine pests and related restrictions associated with that taxon. The additional declaration must list all plant parts of regulated taxa that have been incorporated into the finished plant. (iv) Restricted articles (except seeds) of Pyrus spp. (pear) from Canada, at the time of arrival at the port of first arrival in the United States, must be accompanied by a phytosanitary certificate that contains an additional declaration that the article was grown in a nursery in Canada and that the article was found by the national plant protection organization of Canada to be free of the injurious plant pathogens listed in paragraphs (b)(5)(i), (ii), (iv), (v), (xviii), (xix), (xx), (xliii), and (xliv) of this section. The determination by the national plant protection organization that the article is free of these pathogens will be based on visual examination and indexing of the parent stock of the article and inspection of the nursery where the restricted article is grown to determine that the nursery is free of the specified pathogens. An additional declaration on the phytosanitary certificate of inspection by the national plant protection organization that a pathogen does not occur in Canada may be used in lieu of visual examination and indexing of the parent stock for that pathogen and inspection of the nursery. Finally, for articles containing more than one plant part (e.g., grafted or budded plants), if the scion, interstem, rootstock, or any other plant part of the finished plant that is offered for importation belongs to a taxon listed within this paragraph as a regulated taxon, the additional declaration must address the quarantine pests and related restrictions associated with that taxon. The additional declaration must list all plant parts of regulated taxa that have been incorporated into the finished plant. (v) Restricted articles (except seeds) of Vitis spp. (grape) from Canada, at the time of arrival at the port of first arrival in the United States, must be accompanied by a phytosanitary certificate that contains an additional declaration that the article was grown in a nursery in Canada and that the article was found by the national plant protection organization of Canada to be free of the injurious plant pathogens listed in paragraphs (b)(5)(xiv) through (xvii) and (xxiv) through (xxxix) of this section. The determination by the national plant protection organization that the article is free of these pathogens will be based on visual examination and E:\FR\FM\16DER1.SGM 16DER1 tkelley on DSK3SPTVN1PROD with RULES 74592 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations indexing of the parent stock of the article and inspection of the nursery where the restricted article is grown to determine that the nursery is free of the specified pathogens. An additional declaration on the phytosanitary certificate of inspection by the national plant protection organization that a pathogen does not occur in Canada may be used in lieu of visual examination and indexing of the parent stock for that pathogen and inspection of the nursery. Finally, for articles containing more than one plant part (e.g., grafted or budded plants), if the scion, interstem, rootstock, or any other plant part of the finished plant that is offered for importation belongs to a taxon listed within this paragraph as a regulated taxon, the additional declaration must address the quarantine pests and related restrictions associated with that taxon. The additional declaration must list all plant parts of regulated taxa that have been incorporated into the finished plant. (2) Budwood of Prunus spp. susceptible to plum pox (=Sharka) potyvirus (species other than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) and grown in the Netherlands may be imported into the United States only if it is accompanied by a phytosanitary certificate with an additional declaration that the original parent stock (nuclear stock) has been indexed and found free of pathogens in paragraphs (b)(5)(i), (ix) through (xvii), (xxii), (xliii), and (xliv) of this section by the appropriate national fruit tree certification program, and only if the original parent stock from which the budwood is taken is produced within a secure, enclosed, APHIS-approved pestexclusionary facility within a national plant protection organization-operated or -approved nuclear stock program where the parent stock is maintained in a pathogen-free state. (3) Restricted articles, except seeds, of Prunus spp. susceptible to plum pox (=Sharka) potyvirus (species other than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) from Canada must be accompanied by a phytosanitary certificate that contains an additional declaration that the article was grown in a nursery in Canada, that the article was found by the national plant protection organization of Canada to be free of the injurious plant pathogens listed in paragraphs (b)(5)(i), (ix) through (xvii), (xxii), (xliii), and (xliv) of this section, VerDate Sep<11>2014 16:25 Dec 15, 2014 Jkt 235001 and that the article was grown in an area that has been surveyed and found free of plum pox (=Sharka) potyvirus according to a surveying protocol mutually agreed upon by APHIS and the national plant protection organization of Canada. The determination by the national plant protection organization of Canada that the article is free of these pathogens will be based on visual examination and indexing of the parent stock of the article and inspection of the nursery where the restricted article is grown to determine that the nursery is free of the specified pathogens. An additional declaration on the phytosanitary certificate of inspection by the national plant protection organization of Canada that a pathogen does not occur in Canada may be used in lieu of visual examination and indexing of the parent stock for that pathogen and inspection of the nursery. Finally, if any part of the article is not from Canada, but rather from a third country, that article must meet the entry requirements of this subpart as if the article had been directly imported into the United States from that third country. (4)(i) Seeds of Prunus spp. susceptible to plum pox (=Sharka) potyvirus (species other than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) from Belgium, Canada, France, Germany, Great Britain, or the Netherlands shall, at the time of arrival at the port of first arrival at the United States, be accompanied by a phytosanitary certificate of inspection containing accurate additional declarations that: (A) The seeds are from parent stock grown in a nursery in Belgium, Canada, France, Germany, Great Britain, or the Netherlands that is free of plum pox (=Sharka) potyvirus; and (B) The seeds have been found by the national plant protection organization of the country in which they are produced to be free of plum pox (=Sharka) potyvirus based on the testing of parent stock by visual examination and indexing. (ii) Seeds of Prunus spp. susceptible to plum pox (=Sharka) potyvirus (species other than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) from all countries except for the countries of Europe, Argentina, Canada, Chile, Cyprus, Japan, Syria, and Turkey, shall, at the time of arrival at the port of first arrival, be accompanied by a phytosanitary certificate of inspection, PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 containing an accurate additional declaration that plum pox (=Sharka) potyvirus does not occur in the country in which the seeds were produced. The importation of seeds of Prunus spp. susceptible to plum pox (=Sharka) potyvirus (species other than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) from Belgium, Canada, France, Germany, Great Britain, and the Netherlands is authorized subject to the conditions of paragraph (b)(4)(i) of this section. The importation of seeds of Prunus spp. susceptible to plum pox (=Sharka) potyvirus (species other than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) from all other countries in Europe, as well as Argentina, Chile, Cyprus, Japan, Syria, and Turkey, is prohibited. (5) List of pathogens: (i) Monilinia fructigena (Aderh. & Ruhl.) Honey (Brown rot of fruit). (ii) Guignardia piricola (Nose) Yamomoto (Leaf, branch, and fruit disease). (iii) Apple proliferation phytoplasma. (iv) Pear blister canker apscaviroid. (v) Pear bud drop virus. (vi) Diaporthe mali Bres. (Leaf, branch, and fruit fungus). (vii) Apple green crinkle agent (Apple false sting virus). (viii) Apple chat fruit agent (Apple small fruit). (ix) Plum pox (=Sharka) potyvirus and its strains. (x) Cherry leaf roll nepovirus (Elm mosaic virus, golden elderberry virus). (xi) European cherry rusty mottle virus. (xii) European stone fruit yellows phytoplasma (Apricot chlorotic leaf roll agent). (xiii) Plum bark split trichovirus. (xiv) Arabis mosaic nepovirus and its strains. (xv) Raspberry ringspot nepovirus (European cherry rasp leaf) and its strains. (xvi) Tomato blackring nepovirus (Myrobalan latent ringspot, peach shoot stunting) and its strains. (xvii) Strawberry latent ringspot sadwavirus (Peach willow leaf rosette, Court noue) and its strains. (xviii) Quince sooty ringspot agent. (xix) Quince yellow blotch agent (Pear yellow blotch agent, Apple rubbery wood phytoplasma). (xx) Quince stunt agent. (xxi) Gymnosporangium asiaticum Miyabe ex. Yamada (Rust). E:\FR\FM\16DER1.SGM 16DER1 74593 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations protection organization of the country in which the article was grown to be free of white rust of chrysanthemum (caused by the rust fungus Puccinia horiana P. Henn.) based on visual examination of parent stock, the articles for importation, and the greenhouse nursery in which the articles for importation and the parent stock were grown, once a month for 4 consecutive months immediately prior to importation. Such articles are also subject to the postentry quarantine requirements of § 319.37–7. * * * * * (xxii) Valsa mali Miyabe and Yamada ex. Miura (Branch canker fungus). (xxiii) Apple ringspot agent (Apple thumb mark, Thumb mark, Apple Henderson spot agent). (xxiv) The following nematode transmitted viruses: Artichoke Italian latent virus, Grapevine Bulgarian latent virus, Grapevine fanleaf virus and its strains, and Hungarian chrome mosaic virus. (xxv) Grapevine asteroid mosaic agent. (xxvi) Grapevine Bratislava mosaic virus. (xxvii) Grapevine chasselas latent agent. (xxviii) Grapevine little leaf agent. (xxix) Grapevine vein mosaic agent. (xxx) Grapevine vein necrosis agent. (xxxi) Flavescence-doree phytoplasma. (xxxii) Black wood phytoplasma (bois-noir). (xxxiii) Grapevine infectious necrosis bacterium. (xxxiv) Xanthomonas ampelina Panagopoulas. (xxxv) Peyronellaea glomerata Ciferri. (xxxvi) Pseudopeziza tracheiphila Muller-Thur-gau. (xxxvii) Rhacodiella vitis Sterenberg. (xxxviii) Rosellinia necatrix Prill. (xxxix) Septoria melanosa (Vialla and Ravav) Elenk. (xl) Apple fruit crinkle apscaviroid. (xli) Apple dimple fruit apscaviroid. (xlii) Apple scar skin apscaviroid. (xliii) Monilinia polystroma. (xliv) Apricot pseudo-chlorotic leaf spot trichovirus. (c) Any restricted article (except seeds) of Chrysanthemum spp. (chrysanthemum, includes Dendranthema spp.), Leucanthemella serotina, or Nipponathemum nipponicum, from a foreign place except Asia, Europe, South America, Australia, Mexico, New Zealand, Oceania (Melanesia, Micronesia, and Polynesia), Republic of South Africa, and Tunisia shall, at the time of arrival at the port of first arrival in the United States, be accompanied by a phytosanitary certificate of inspection. The phytosanitary certificate of inspection must contain a declaration that the article was grown in a greenhouse nursery and found by the national plant Seed/bulb Country/locality Pest(s) for which treatment is required * * Dioscorea spp. (yam) plants for planting, including, but not limited to, bulbs, minisetts, and yam-setts. * * * All countries, except as provided in paragraphs (e)(1) through (e)(3) of this section. * * A diversity of internal and external feeders, including but not limited to: Aspiditosis hartii (yam scale) and Palaeopus costicollis (yam weevil). * * * * * * * (e) Dioscorea spp. (yam) plants for planting, including, but not limited to, bulbs, minisetts, and yam-setts, may be imported into the United States without being treated in accordance with part 305 of this chapter if: (1) They are imported from Japan. (2) They are imported from the Dominican Republic into Puerto Rico. (3) They are imported from the West Indies into the U.S. Virgin Islands. ■ 9. Section 319.37–7 is amended as follows: ■ a. By removing the words ‘‘Postentry Quarantine Unit’’ wherever they occur and adding the words ‘‘National Postentry Quarantine Coordinator’’ in their place; tkelley on DSK3SPTVN1PROD with RULES * * § 319.37–6 Specific treatment and other requirements. (a) * * * * b. In paragraph (a)(3), in the table, by revising the entries for ‘‘Acer spp. (maple)’’, ‘‘Chrysanthemum spp. (chrysanthemum, includes Dendranthema spp.) meeting the conditions in § 319.37–5(c)’’, ‘‘Leucanthemella serotina’’, ‘‘Malus spp. (apple, crabapple) meeting the conditions for importation in § 319.37– 5(b)’’, ‘‘Nipponanthemum nipponicum’’, and ‘‘Prunus spp. (almond, apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) meeting the conditions for importation in § 319.37–5(b)’’; ■ c. In paragraph (a)(3), in the table, in the entry for ‘‘Dianthus spp. (carnation, sweet-william)’’, by adding the words ■ Restricted Article (excluding seeds) 8. Section 319.37–6 is amended as follows: ■ a. In paragraph (a), in the table, by adding an entry for ‘‘Dioscorea spp. (yam) plants for planting, including, but not limited to, bulbs, minisetts, and yam-setts’’ in alphabetical order; and ■ b. By adding paragraph (e). The additions read as follows: ■ * * ‘‘and the Netherlands’’ after the words ‘‘Great Britain’’; ■ d. In paragraph (c)(1)(i), by removing the words ‘‘, except the District of Columbia, Guam, Hawaii, Kansas, and the Northern Mariana Islands’’; ■ e. In paragraph (d)(1), by removing the words ‘‘Building 580, BARC-East, Beltsville, MD 20705’’ and adding the words ‘‘4700 River Road, Unit 133 Riverdale, MD 20737–1236’’ in their place; and ■ f. By adding paragraph (d)(8). The revisions and addition read as follows: § 319.37–7 Postentry quarantine. (a) * * * (3) * * * Foreign Country(ies) or Locality(ies) from which imported * * * * * * * Acer spp. (maple) ..................................................................................... All except Canada, Europe (except the Netherlands in accordance with § 319.37–5(m)), and Japan. VerDate Sep<11>2014 16:25 Dec 15, 2014 Jkt 235001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 74594 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations Restricted Article (excluding seeds) Foreign Country(ies) or Locality(ies) from which imported * * * * * * * Chrysanthemum spp. (chrysanthemum), includes Dendranthema spp.), All except Asia, Europe, South America, Australia, Mexico, New Zeameeting the conditions for importation in § 319.37–5. land, Oceania (Melanesia, Micronesia, and Polynesia), Republic of South Africa, and Tunisia. * * * * * * * Leucanthemella serotina meeting the conditions for importation in All except Asia, Europe, South America, Australia, Mexico, New Zea§ 319.37–5. land, Oceania (Melanesia, Micronesia, and Polynesia), Republic of South Africa, and Tunisia. * * * * * Malus spp. (apple, crabapple) meeting the conditions for importation in All countries listed in § 319.37–5(b). § 319.37–5(b). * * * * * * * * * Nipponathemum nipponicum meeting the conditions for importation in All except Asia, Europe, South America, Australia, Mexico, New Zea§ 319.37–5. land, Oceania (Melanesia, Micronesia, and Polynesia), Republic of South Africa, and Tunisia. * * * * * Prunus spp. meeting the conditions for importation in § 319.37–5(b) ..... The Netherlands. * * * * * * * * (d) * * * (8) To keep the article under postentry quarantine conditions until the National Postentry Quarantine Coordinator issues a written release for the article. * * * * * § 319.37–8 [Amended] 10. In § 319.37–8, paragraph (b)(2) is amended by removing the words ‘‘Newfoundland or from that portion of the Municipality of Central Saanich in the Province of British Columbia east of the West Saanich Road’’ and adding the words ‘‘all areas of Canada regulated by the national plant protection organization of Canada for potato cyst nematode’’ in their place. ■ 11. In § 319.37–10, paragraph (c) is revised to read as follows: ■ § 319.37–10 Marking and identity. tkelley on DSK3SPTVN1PROD with RULES * * * * * (c) Any restricted article for importation (by mail or otherwise), at the time of importation or offer for importation into the United States shall be accompanied by an invoice or packing list indicating the scientific names of the articles, at least to the level of genus, and the quantity of plants for planting in the shipment. Quantity must be expressed in the number of plant units, or in the case of seeds, by weight in grams or kilograms. Finally, when the regulations in this subpart place restrictions on individual species or cultivars within a genus, the invoice or packing list must also identify the species or cultivar of the articles. * * * * * VerDate Sep<11>2014 16:25 Dec 15, 2014 Jkt 235001 * § 319.37–11 [Amended] 12. Section 319.37–11 is amended by adding the words ‘‘that must be accompanied by a permit in accordance with § 319.37–3(a)(1) through (11)’’ after the words ‘‘restricted article’’. PART 361—IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED ACT 13. The authority citation for part 361 continues to read as follows: ■ Authority: 7 U.S.C. 1581–1610; 7 CFR 2.22, 2.80, and 371.3. [Amended] 14. In § 361.2, paragraph (d) is amended by adding the words ‘‘and in addition to the restrictions of § 319.37– 3(a)(7),’’ before the words ‘‘coated or pelleted seed’’, and by adding the words ‘‘, or seed that is embedded in a substrate that obscures visibility’’ after the words ‘‘coated or pelleted seed’’. ■ Done in Washington, DC, this 5th day of December 2014. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2014–29114 Filed 12–15–14; 8:45 am] BILLING CODE 3410–34–P PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 * * * ■ § 361.2 * * NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150–AJ40 [NRC–2014–0102] List of Approved Spent Fuel Storage Casks: Holtec International HI–STORM FLOOD/WIND System; Certificate of Compliance No. 1032, Amendment No. 1 Nuclear Regulatory Commission. ACTION: Direct final rule; confirmation of effective date. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of December 17, 2014, for the direct final rule that was published in the Federal Register on October 3, 2014. This direct final rule amended the NRC’s spent fuel storage regulations by revising the Holtec International HI– STORM FLOOD/WIND (FW) System listing within the ‘‘List of approved spent fuel storage casks’’ to include Amendment No. 1 to Certificate of Compliance (CoC) No. 1032. DATES: The effective date of December 17, 2014, for the direct final rule published October 3, 2014 (79 FR 59623), is confirmed. ADDRESSES: Please refer to Docket ID NRC–2014–0102 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods: SUMMARY: E:\FR\FM\16DER1.SGM 16DER1

Agencies

[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Rules and Regulations]
[Pages 74585-74594]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29114]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 319 and 361

[Docket No. APHIS-2008-0071]
RIN 0579-AD47


Importation of Plants for Planting

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations on importing plants for 
planting to add Turkey to the list of countries from which the 
importation of restricted articles of Chrysanthemum spp., 
Leucanthemella serotina, and Nipponanthemum nipponicum into the United 
States is prohibited due to the presence of white rust of 
Chrysanthemum; to require permits for the importation of any seed that 
is coated, pelleted, or embedded in a substrate that obscures 
visibility; to provide for an alternate additional declaration on 
phytosanitary certificates that accompany articles imported from a 
country in which potato cyst nematodes are known to occur; to provide 
conditions for the importation of Prunus spp. articles from Canada that 
address the presence of plum pox potyvirus in that country; and to 
provide for the importation of Dianthus spp. (carnations) from the 
Netherlands. We are also making other changes to update and clarify the 
regulations and to improve their effectiveness. These changes are 
necessary to relieve restrictions that appear unnecessary, to update 
existing provisions, and to make the regulations easier to understand 
and implement.

DATES: Effective January 15, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Heather Coady, Regulatory Policy 
Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River Road, 
Unit 133, Riverdale, MD 20737; (301) 851-2076.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR part 319 prohibit or restrict the 
importation of certain plants and plant products into the United States 
to prevent the introduction of quarantine plant pests. The regulations 
contained in ``Subpart--Plants for Planting,'' Sec. Sec.  319.37 
through 319.37-14 (referred to below as the regulations), restrict 
among other things, the importation of living plants, plant parts, and 
seeds for propagation or planting.
    On February 12, 2013, we published in the Federal Register (78 FR 
9851-9865, Docket No. APHIS-2008-0071) a proposed rule \1\ to amend 
various provisions of the regulations.
---------------------------------------------------------------------------

    \1\ To view the proposed rule, its supporting documents, or the 
comments that we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2008-0071.
---------------------------------------------------------------------------

    We solicited comments concerning our proposal for 60 days ending 
April 15, 2013. We received eight comments by that date. They were from 
the national plant protection organization (NPPO) of a foreign country, 
an organization representing wholesale exporters of plants for planting 
from a foreign country, a national organization that represents State 
departments of agriculture, a State department of agriculture, a 
national organization representing gardeners within the United States, 
and private citizens. The comments that we received are discussed 
below, by topic.

Comments Regarding ``Bulb'' and ``Dormant Herbaceous Perennial''

    Section 319.37-1 contains definitions of terms used in the 
regulations. Bulb is defined in that section as: ``The portion of a 
plant commonly known as a bulb, bulbil, bulblet, corm, cormel, rhizome, 
tuber, or pip, and including fleshy roots or other underground fleshy 
growths, a unit of which produces an individual plant.''
    In the proposed rule, we proposed to revise the definition of bulb. 
As we proposed to revise it, the definition would have been: ``The 
storage organ of a plant that serves as the plant's sexual structure 
during dormancy. Examples include bulbs, bulbils, bulblets, corms, and 
cormels. For purposes of this subpart, a bulb remains a bulb until such 
time as environmental conditions induce it to produce shoots. It is 
then considered a plant.'' We proposed this revision based on our 
belief that certain of the types of plant parts provided in the 
definition as examples of bulbs were actually better categorized as 
dormant herbaceous perennials.
    For that reason, we also proposed to add a definition of dormant 
herbaceous perennial to the regulations. We proposed to define dormant 
herbaceous perennial in the following manner: ``Except for bulbs, the 
portions of an herbaceous perennial that remain after the above-ground 
parts of the plant have died back to the earth after the growing season 
and the plant remains dormant. Examples include rhizomes, tubers, 
tuberous roots, pips, fleshy roots, divisions, and underground fleshy 
growths. For purposes of this subpart, dormant herbaceous perennials 
remain dormant herbaceous perennials until such time as environmental 
conditions induce them to sprout. They are then considered plants.''
    Two commenters asked whether it was our intent to retroactively 
apply the term dormant herbaceous perennial to certain articles that 
are currently authorized importation into the United States as bulbs. 
If so, the commenters asked whether this change in nomenclature would 
have any impact on preclearance programs or port-of-first-arrival 
procedures for the articles. The commenters also expressed concern that 
adding a definition of dormant herbaceous perennial to the regulations

[[Page 74586]]

could inadvertently adversely impact trade in bulbs.
    Another commenter asked what our scientific basis was for proposing 
to classify tubers and pips as dormant herbaceous perennials. The 
commenter pointed out that tubers and pips are the storage organs for 
several species of plants that do not have above-ground parts. 
Conversely, the commenter pointed to several species of rhizomes that 
would not meet our proposed definition of dormant herbaceous perennial 
because they maintain above-ground parts during the plant's dormancy.
    The same commenter also stated that several of the terms used in 
our proposed definitions of bulb and dormant herbaceous perennial, such 
as ``divisions'' and fleshy growths,'' are not currently terms with 
clearly delineated meanings within the field of botany. Similarly, the 
commenter stated that most botanists would not consider a bulb to be a 
sexual structure.
    Based on the issues identified and concerns raised by commenters, 
we have decided not to finalize our proposed revision to the definition 
of bulb or our proposed definition of dormant herbaceous perennial. 
While we maintain that the current definition of bulb should be 
revised, we will continue to dialogue with regulated entities and other 
stakeholders regarding the best manner to do so.

Comment Regarding Potato Cyst Nematode Prevalence in Canada

    In Sec.  319.37-5, paragraph (a) lists regions of the world in 
which potato cyst nematodes (PCN, Globodera rostochiensis (Woll.) 
Behrens and G. pallida (Stone) Behrens) are known to exist and places 
restrictions on the importation of restricted articles from those 
regions.
    In our proposed rule, we proposed to revise and update the list. 
Among other revisions, we proposed to amend the manner in which the 
list refers to areas in Canada that are regulated for PCN. We pointed 
out that the list only contains two areas in Canada that the NPPO of 
Canada regulates for PCN, Newfoundland and a portion of the 
Municipality of Central Saanich in the Province of British Columbia; 
however, two other such areas exist, in Alberta and Quebec. For this 
reason, we proposed to amend the list to refer to all areas of Canada 
that are regulated by the NPPO of Canada for PCN. To further justify 
this amendment, we stated that the movement of soil within Canada has 
historically not been stringently regulated, and there is a significant 
possibility of future detections of PCN in other areas of Canada.
    One commenter agreed with our proposed amendment and our rationale 
that there may be future detections of PCN in other areas within 
Canada, but disagreed with our assertion that the movement of soil in 
Canada has historically not been stringently regulated. The commenter 
pointed to several long-standing directives that the NPPO of Canada has 
issued that regulate the movement of soil in Canada.
    We acknowledge that the NPPO of Canada has long placed restrictions 
on the movement of soil in Canada, and agree that the proposed rule 
should not have suggested otherwise. We note, however, that the 
commenter agreed that there is a possibility of future detections of 
PCN in Canada, and likewise agreed that this provides a sufficient 
rationale for our proposed amendment to the list. Therefore, based on 
this rationale, we are finalizing that amendment.

Importation of Restricted Articles of the Genera Chaenomeles, Cydonia, 
Malus, Prunus, Pyrus, and Vitis

    At the time our proposed rule was issued, paragraph (b)(1) of Sec.  
319.37-5 contained requirements for the importation of restricted 
articles (except seeds) of Chaenomeles, Cydonia, Malus, Prunus, and 
Pyrus spp. from Belgium, Canada, France, Germany, Great Britain, and 
the Netherlands, as well as Vitis spp. restricted articles (except 
seeds) from Canada. It authorized the importation of these articles, 
provided that they are accompanied by a phytosanitary certificate with 
an additional declaration that the articles were grown in a nursery and 
found by the NPPO of the country in which they were grown to be free of 
certain plant diseases, or alternatively, with an additional 
declaration that those plant diseases do not occur in that country. 
Paragraph (b)(3) of Sec.  319.37-5 listed the relevant plant diseases.
    Paragraph (b)(2) of Sec.  319.37-5 was meant to complement 
paragraph (b)(1), and contained what were intended to be conditions for 
the importation of budwood of certain Prunus species that are 
susceptible to plum pox potyvirus from Belgium, France, Germany, Great 
Britain, or the Netherlands.
    Paragraph (j)(1) of Sec.  319.37-5 contained conditions for the 
importation of seed of Prunus spp. that are susceptible to plum pox 
potyvirus from Belgium, France, Germany, Great Britain, or the 
Netherlands. Paragraph (j)(2) of Sec.  319.37-5 complemented paragraph 
(j)(1) and provided additional conditions for the importation of seed 
of these Prunus spp. from all other countries, unless plum pox 
potyvirus is known to exist in that country.
    In our proposed rule, we proposed to revise and consolidate 
paragraphs (b) and (j). We proposed to do so primarily in order to make 
the scope and intent of these paragraphs clearer, but also in order to 
add provisions regarding grafted plants to paragraph (b)(1), in order 
to update the list of plant diseases, and in order to reflect the 
detection of plum pox potyvirus in Canada, Argentina, Chile, and Japan.
    (We also proposed certain harmonizing changes to provisions in 
Sec.  319.37-2 and Sec.  319.37-7 that referred to these paragraphs of 
Sec.  319.37-5. We did so in order to ensure the internal consistency 
of the regulations.)
    Of the revisions to paragraphs (b) and (j) of Sec.  319.37-5 that 
we proposed, we are finalizing those that pertained to the importation 
of Prunus spp. seed into the United States without modification. With 
regard to the other proposed revisions, we are finalizing them with 
several modifications. We discuss the nature of and reasons for these 
modifications in the following paragraphs.
    A commenter agreed with the majority of the revisions to the list 
of plant diseases that we proposed. However, the commenter asked us to 
remove the following plant diseases from the list: Grapevine corky bark 
``Legno riccio'' agent, grapevine leaf roll viruses, grapevine stem 
pitting agent, and grapevine yellows disease bacterium. The commenter 
stated that these diseases are widely distributed in the United States 
and are not under official control by the Animal and Plant Health 
Inspection Service (APHIS) of the United States Department of 
Agriculture (USDA).
    In response to this comment, USDA's Agricultural Research Service 
reviewed the distribution of these diseases within the United States, 
and agreed with the commenter that they are in fact widely distributed. 
Moreover, the commenter is correct that none of these diseases are 
under official control by APHIS. Therefore, we are removing the agents 
from the list. We are finalizing the other revisions to the list that 
we proposed.
    We are finalizing our proposed revisions to the requirements for 
the importation of restricted articles (except seeds) of Chaenomeles, 
Cydonia, Malus, Prunus, and Pyrus spp. from Belgium, Canada, France, 
Germany, Great Britain, and the Netherlands, as well as Vitis spp. from 
Canada, with several modifications. We have also modified our proposed 
revisions to the requirements for the importation of

[[Page 74587]]

budwood of certain Prunus species that are susceptible to plum pox 
potyvirus from Belgium, Canada, France, Germany, Great Britain, or the 
Netherlands. We are doing so because of a notice that we published in 
the Federal Register on April 18, 2013 (78 FR 23209-23219, Docket No. 
APHIS-2011-0072). In that notice, pursuant to paragraph (b) of Sec.  
319.37-2(a), we added Chaenomeles and Cydonia spp. plants for planting, 
except seed, from all countries other than Canada; Malus spp. plants 
for planting, except seed, from all countries other than Belgium, 
Canada, France, Germany, or the Netherlands; Prunus spp. plants for 
planting, except seed, from all countries other than Canada and the 
Netherlands; and Pyrus spp. plants for planting, except seed, from all 
countries other than Canada to a list of taxa whose importation into 
the United States is not authorized pending pest risk analysis 
(referred to below as the NAPPRA list).
    The revisions that we proposed to the requirements in paragraph 
(b)(1) of Sec.  319.37-5 regarding the importation of restricted 
articles of Chaenomeles, Cydonia, Malus, Prunus, Pyrus, and Vitis spp. 
predated the issuance of the notice, and therefore need to be revised 
in light of it. Primarily, we wish to ensure that paragraph (b)(1) 
could not be construed to authorize the importation of Chaenomeles, 
Cydonia, Malus, Prunus, Pyrus, or Vitis spp. restricted articles from a 
country that was added to the NAPPRA list in the notice.
    Accordingly, in this final rule, paragraph (b)(1)(i) of Sec.  
319.37-5 contains conditions for the importation of Chaenomeles spp. 
and Cydonia spp. restricted articles (except seeds) from Canada. 
Paragraph (b)(1)(ii) of Sec.  319.37-5 contains conditions for the 
importation of Malus spp. restricted articles (except seeds) from 
Belgium, Canada, France, Germany, or the Netherlands. Paragraph 
(b)(1)(iii) of Sec.  319.37-5 contains conditions for the importation 
of Prunus spp. restricted articles (except seeds) not susceptible to 
plum pox potyvirus from Canada or the Netherlands. Paragraph (b)(1)(iv) 
of Sec.  319.37-5 contains conditions for the importation of Pyrus spp. 
restricted articles (except seeds) from Canada. Finally, paragraph 
(b)(1)(v) of Sec.  319.37-5 contains conditions for the importation of 
Vitis spp. restricted articles (except seeds) from Canada.
    These paragraphs retain the provisions that we would have added to 
paragraph (b)(1) of Sec.  319.37-5 regarding grafted articles, or 
articles in which plant parts from one plant are inserted into those of 
another plant for purposes of propagation, and are, in other respects, 
substantially similar in content to our proposed revisions to paragraph 
(b)(1) of Sec.  319.37-5. However, we believe that, by dividing 
paragraph (b)(1) into commodity-specific subparagraphs, we will provide 
importers and other interested parties with greater clarity regarding 
our importation requirements for a given species.
    The additions to the NAPPRA list in the notice also led us to 
modify our proposed revisions to paragraph (b)(2) of Sec.  319.37-5. In 
this final rule, paragraph (b)(2) of Sec.  319.37-5 now only contains 
conditions for the importation of budwood of Prunus spp. susceptible to 
plum pox potyvirus from the Netherlands.
    The additions to the NAPPRA list in the notice required us to 
modify some of our proposed harmonizing changes to Sec. Sec.  319.37-2 
and 319.37-7. Within Sec.  319.37-7, paragraph (a)(3) contains a table 
requiring certain restricted articles (excluding seeds) from certain 
countries to be grown under post-entry quarantine conditions in order 
for the articles to be imported into the United States. The table had 
contained entries requiring post-entry quarantine for Chaenomeles, 
Cydonia, and Pyrus spp. restricted articles that meet the conditions 
for importation in Sec.  319.37-5(b).
    However, as a result of the changes to the NAPPRA list, these 
species of articles may only be imported into the United States from 
Canada, and, because of long-standing operational practices, we do not 
require post-entry quarantine for restricted articles from Canada. As a 
result, we are removing the entries for Chaenomeles, Cydonia, and Pyrus 
spp. restricted articles from the table.
    In our proposed rule, the entries for Chaenomeles and Cydonia spp. 
articles in a table in Sec.  319.37-2 would have prohibited the 
importation of any articles of those species that did not meet the 
conditions for importation in Sec.  319.37-5(b) and Sec.  319.37-7. 
Because we have removed the entries for Chaenomeles and Cydonia spp. 
restricted articles from Sec.  319.37-7, the entries for those species 
in the table in Sec.  319.37-2 do not refer to Sec.  319.37-7.
    In our proposed rule, our proposed revision to the entry in the 
table in Sec.  319.37-7 for Prunus spp. would have required post-entry 
quarantine for Prunus spp. restricted articles imported from all 
countries listed in Sec.  319.37-5(b) except Canada. In this final 
rule, as a result of the NAPPRA notice, it requires post-entry 
quarantine for all Prunus spp. restricted articles imported into the 
United States from the Netherlands.
    Finally, in the course of reviewing our proposed revisions to Sec.  
319.37-5 in light of the NAPPRA notice, we realized that both proposed 
paragraph (b)(4)(i) and paragraph (b)(4)(ii) of Sec.  319.37-5 could be 
construed to contain provisions regarding the importation of seed of 
Prunus spp. susceptible to plum pox (=Sharka) potyvirus from Belgium, 
Canada, France, Germany, Great Britain, and the Netherlands. However, 
we only intended proposed paragraph (b)(4)(i) to contain such 
provisions. As a result, we have made editorial revisions to paragraph 
(b)(4)(ii) to clarify its scope.

Comment Regarding the Importation of Dianthus spp. From the Netherlands

    In our proposed rule, we proposed to authorize the importation of 
Dianthus spp. (carnations) from the Netherlands, subject to certain 
conditions proposed to us by the NPPO of the Netherlands.
    One commenter expressed general concern that the importation of 
Dianthus spp. from the Netherlands could result in the introduction of 
plant pests into the United States, but did not cite any particular 
plant pest risks or scientific evidence to elaborate on this general 
concern.
    As we mentioned in the proposed rule, we evaluated the conditions 
for the importation of Dianthus spp. from the Netherlands that the NPPO 
of the Netherlands proposed, and determined that they address the plant 
pest risk associated with such importation.

Controlled Import Permits

    In the proposed rule, we proposed to amend Sec.  319.37-1 to add a 
definition of Administrator to that section. However, on May 2, 2013, 
we published in the Federal Register a final rule (78 FR 25565-25572, 
Docket No. APHIS-2008-0055) that amended the regulations to establish 
the controlled import permit as a single type of authorization for the 
importation into the United States of otherwise prohibited or 
restricted plants for planting for experimental, therapeutic, or 
developmental purposes. Among other changes, that final rule added an 
identical definition of Administrator to the one we proposed to add to 
Sec.  319.37-1. Accordingly, since a definition of Administrator has 
already been added to the regulations, and this definition mirrors the 
one we proposed, we do not need to finalize our proposed definition.

Consolidation of Permits

    In the proposed rule, we proposed a number of revisions to Sec.  
319.37-3 of the regulations. Among other proposed revisions to that 
section, we proposed to revise paragraph (d) to incorporate

[[Page 74588]]

nonsubstantive editorial changes that updated and simplified its 
language. However, in a final rule published in the Federal Register on 
April 10, 2014 (79 FR 19805-19812, Docket No. APHIS-2011-0085), we 
simplified the language in paragraph (d) in a manner which obviates the 
need for our proposed revisions. Accordingly, we are not finalizing 
these proposed revisions.
    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 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 identifies importers and wholesale merchants of flowers, 
nursery stock, and florists' supplies, as well as wholesale merchants 
of fresh fruits and vegetables, as the small entities most likely to be 
affected by this action. The analysis considers the losses that may 
occur due to relaxing restrictions on the importation of certain plants 
for planting into the United States, while strengthening or expanding 
the scope of certain other restrictions. The analysis expects such 
losses to be relatively minor and anticipates that they would not 
substantively adversely impact small entities.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This 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

    This rule contains no new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). The information collection or recordkeeping requirements 
included in the regulations amended by this rule have been approved by 
the Office of Management and Budget (OMB) under OMB control number 
0579-0049.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this rule, please contact Ms. Kimberly Hardy, 
APHIS' Information Management Specialist, at (301) 851-2727.

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 361

    Agricultural commodities, Imports, Labeling, Quarantine, Reporting 
and recordkeeping requirements, Seeds, Vegetables, Weeds.

    Accordingly, we are amending 7 CFR parts 319 and 361 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  [Amended]

0
2. In Sec.  319.37, in paragraph (b), the final sentence is amended by 
removing the words ``and the availability of treatment facilities for 
the article'' and adding in their place the words ``the availability of 
treatment facilities for the article, and any other factors pertaining 
to the risk that the article may present to plants, plant parts, or 
plant products within the United States that he or she considers 
necessary''.

0
3. Section 319.37-1 is amended as follows:
0
a. In the definition of from, in paragraph (b), by adding the words 
``or an article whose importation into the United States is not 
authorized pending pest risk analysis'' after the words ``prohibited 
article'', and by removing the words ``(c), (d), (e), (f), (g), (h), 
(i), (j)'' and adding the words ``(b)(2), (b)(3), (b)(4), (c), (d), 
(e), (f), (g), (h), (i)'' in their place;
0
b. In the definition of from by redesignating paragraphs (a) through 
(d) as paragraphs (1) through (4), respectively; and
0
c. By revising the definition of phytosanitary certificate of 
inspection.
    The revision reads as follows:


Sec.  319.37-1  Definitions.

* * * * *
    Phytosanitary certificate of inspection. A document, including 
electronic versions, that is related to a restricted article and is 
issued not more than 15 days prior to shipment of the restricted 
article from the country in which it was grown and that:
    (1) Is patterned after the model certificate of the International 
Plant Protection Convention, a multilateral convention on plant 
protection under the authority of the Food and Agriculture Organization 
of the United States (FAO);
    (2) Is issued by an official of a foreign national plant protection 
organization in one of the five official languages of the FAO;
    (3) Is addressed to the national plant protection organization of 
the United States (Animal and Plant Health Inspection Service);
    (4) Describes the shipment;
    (5) Certifies the place of origin for all contents of the shipment;
    (6) Certifies that the shipment has been inspected and/or tested 
according to appropriate official procedures and is considered free 
from quarantine pests of the United States;
    (7) Contains any additional declarations required by this subpart; 
and
    (8) Certifies that the shipment conforms with the phytosanitary 
requirements of the United States and is considered eligible for 
importation pursuant to the laws and regulations of the United States.
* * * * *

0
4. In Sec.  319.37-2, in paragraph (a), the table is amended as 
follows:
0
a. By removing the entries for ``Arikuryoba spp. (arikury palm)'', 
``Chrysalidocarpus spp. (butterfly palm)'', ``Mahoberberis spp. (plants 
of all species and horticultural varieties not designated as resistant 
to black stem rust in accordance with Sec.  301.38-1 of this 
chapter)'', ``Mahoberberis spp. destined to an eradication State listed 
in Sec.  301.38-2(a) of this chapter (plants of all species and 
horticultural varieties designated as resistant to black stem rust in 
accordance with Sec.  301.38-1 of this chapter)'', ``Mahoberberis spp. 
seed'', ``Mahonia spp. (mahonia) (plants of all species and 
horticultural varieties

[[Page 74589]]

not designated as resistant to black stem rust in accordance with Sec.  
301.38-1 of this chapter)'', ``Mahonia spp. (mahonia) destined to an 
eradication State listed in Sec.  301.38-2(a) of this chapter (plants 
of all species and horticultural varieties designated as resistant to 
black stem rust in accordance with Sec.  301.38-1 of this chapter)'', 
``Mahonia spp. seed'', and ``Neodypsis spp. (palm)'';
0
b. In the entry for ``Acer spp. (maple) (except Acer palmatum and Acer 
japonicum meeting the conditions for importation in Sec.  319.37-
5(m)'', by removing the words ``in Sec.  319.37-5(m)'' and adding the 
words ``in Sec. Sec.  319.37-5 or 319.37-7'' in their place;
0
c. In the entry for ``Berberis spp. (barberry) (plants of all species 
and horticultural varieties not designated as resistant to black stem 
rust in accordance with Sec.  301.38-1 of this chapter)'', by removing 
the word ``(barberry)'' and adding the words ``(barberry, includes 
Mahoberberis and Mahonia spp.)'' in its place;
0
d. In the entry for ``Berberis spp. (barberry) destined to an 
eradication State listed in Sec.  301.38-2a of this chapter (plants of 
all species and horticultural varieties designated as resistant to 
black stem rust in accordance with Sec.  301.38-1 of this chapter),'' 
by removing the word ``(barberry)'' and adding the words ``(barberry, 
includes Mahoberberis and Mahonia spp.)'' in its place;
0
e. In the entry for ``Berberis spp. (barberry) seed'', by removing the 
word ``(barberry)'' and adding the words ``(barberry, includes 
Mahoberberis and Mahonia spp.)'' in its place;
0
f. By revising the entry for ``Chaenomeles spp. (flowering quince) not 
meeting the conditions for importation in Sec.  319.37-5(b)'';
0
g. By revising the entry for ``Chrysanthemum, spp. (chrysanthemum, 
includes Dendranthema spp.)'';
0
h. By adding an entry for ``Dypsis spp. (butterfly palm)'' in 
alphabetical order;
0
i. By revising the entry for ``Leucanthemella serotina'';
0
j. In the entry for ``Malus spp. (apple, crabapple) not meeting the 
conditions for importation in Sec.  319.37-5(b)'', by removing the 
words ``in Sec.  319.37-5(b)'' and adding the words ``in Sec. Sec.  
319.37-5(b) and 319.37-7'' in their place;
0
k. By revising the entry for ``Nipponanthemum nipponicum'';
0
l. By removing the entry for ``Prunus spp. (almond, apricot, cherry, 
cherry laurel, English laurel, nectarine, peach, plum, prune) not 
meeting the conditions for importation in Sec.  319.37-5(b)'' and 
adding a new entry for ``Prunus spp. not meeting the conditions for 
importation in Sec.  319.37-5(b)'' in its place;
0
m. By removing the entry for ``Prunus spp. seed only (almond, apricot, 
nectarine, peach, plum, and prune, but not species in subgenus Cerasus) 
not meeting the conditions for importation in Sec.  319.37-5(j)'' and 
adding a new entry for ``Prunus spp. seed only not meeting the 
conditions for importation in Sec.  319.37-5(b)'' in its place;
0
n. In the entry for ``Salix spp. (willow)'', by removing the words 
``Erwinia salicis (Day) Chester'' and adding the words ``Brenneria 
salicis (Day) Hauben et al., syn. Erwinia salicis (Day) Chester'' in 
their place; and
0
o. By adding an entry for ``Syagrus schizophylla (Mart.) Glassman 
(arikury palm)'' in alphabetical order.
    The additions and revisions read as follows:


Sec.  319.37-2  Prohibited articles.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                   Quarantine pests existing in
 Prohibited article (includes seeds only                                          the places named and  capable
       if specifically mentioned)          Foreign places from which prohibited   of being transported with the
                                                                                        prohibited article
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Chaenomeles spp. (flowering quince) not   All..................................  A diversity of diseases
 meeting the conditions for importation                                           including but not limited to
 in Sec.  Sec.   319.37-5(b).                                                     those listed for Chaenomeles
                                                                                  in Sec.   319.37-5(b).
Chrysanthemum spp. (chrysanthemum,        All..................................  Puccinia horiana P. Henn.
 includes Dendranthema spp.) not meeting                                          (white rust of chrysanthemum).
 the conditions for importation in Sec.
 Sec.   319.37-5(c) and 319.37-7.
 
                                                  * * * * * * *
Dypsis spp. (butterfly palm)............  All..................................  A diversity of diseases
                                                                                  including but not limited to:
                                                                                  Lethal yellowing disease;
                                                                                  Cadang-cadang disease.
 
                                                  * * * * * * *
Leucanthemella serotina not meeting the   All..................................  Puccinia horiana P. Henn.
 conditions for importation in Sec.                                               (white rust of chrysanthemum).
 Sec.   319.37-5(c) and 319.37-7.
 
                                                  * * * * * * *
Nipponanthemum nipponicum not meeting     All..................................  Puccinia horiana P. Henn.
 the conditions for importation in Sec.                                           (white rust of chrysanthemum).
 Sec.   319.37-5(c) and 319.37-7.
 
                                                  * * * * * * *
Prunus spp. not meeting the conditions    All..................................  A diversity of diseases
 for importation in Sec.   319.37-5(b).                                           including but not limited to
                                                                                  those listed for Prunus in
                                                                                  Sec.   319.37-5(b).
Prunus spp. seed only not meeting the     All..................................  Plum pox (=Sharka) potyvirus.
 conditions for importation in Sec.
 319.37-5(b).
 
                                                  * * * * * * *
Syagrus schizophylla (Mart.) Glassman     All..................................  A diversity of diseases
 (arikury palm).                                                                  including but not limited to:
                                                                                  Lethal yellowing disease;
                                                                                  Cadang-cadang disease.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
5. Section 319.37-3 is amended as follows:
0
a. By revising paragraphs (a)(1) through (11);
0
b. By removing paragraphs (a)(12) through (19); and
0
c. By adding paragraph (b).

[[Page 74590]]

    The revisions and addition read as follows:


Sec.  319.37-3  Permits.

    (a) * * *
    (1) Lots of 13 or more articles (other than seeds of herbaceous 
plants, precleared bulbs of a taxon approved by APHIS for preclearance, 
or sterile cultures of orchid plants) from any country or locality 
except Canada;
    (2) Seeds of non-herbaceous plants, such as trees and shrubs, from 
any country or locality except Canada;
    (3) Articles subject to the requirements of Sec.  319.37-5;
    (4) Articles subject to the postentry quarantine conditions of 
Sec.  319.37-7;
    (5) Small lots of seed imported in accordance with Sec.  319.37-
4(d) of this subpart;
    (6) Articles subject to treatment and other requirements of Sec.  
319.37-6;
    (7) Seed of herbaceous plants for planting that is coated, 
pelleted, or embedded in a substrate that obscures visibility;
    (8) Articles (except seeds) of Malus spp. (apple, crabapple), Pyrus 
spp. (pear), Prunus spp., Cydonia spp. (quince), Chaenomeles spp. 
(flowering quince), Rubus spp. (cloudberry, blackberry, boysenberry, 
dewberry, loganberry, raspberry), and Vitis spp. (grape) from Canada;
    (9) Articles (except seeds) of Fraxinus spp. (ash) from counties or 
municipal regional counties in Canada that are not regulated for 
emerald ash borer (EAB) but that are within an EAB-regulated Province 
or Territory and are not prohibited under Sec.  317.37-2;
    (10) Articles (except seeds) of Pinus spp. from Canada; and
    (11) Solanum tuberosum true seed from New Zealand and the X region 
of Chile (that area of Chile between 39[deg] and 44[deg] South 
latitude--see Sec.  317.37-5(o));
    (b) An application for a written permit should be submitted to the 
Plant Protection and Quarantine Programs (Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, 4700 River Road 
Unit 136, Riverdale, MD 20737-1236) at least 30 days prior to the 
arrival of the article at the port of entry. The completed application 
must contain the following information:
    (1) Name, address, and telephone number of the importer;
    (2) Approximate quantity and kinds (botanical designations) of 
articles intended to be imported;
    (3) Country(ies) or locality(ies) where grown;
    (4) Intended United States port of entry;
    (5) Means of transportation, e.g., mail, airmail, express, air 
express, freight, airfreight, or baggage; and
    (6) Expected date of arrival.
* * * * *

0
6. Section 319.37-4 is amended as follows:
0
a. By revising paragraph (a) introductory text;
0
b. In paragraph (a)(4), by removing the word ``Bulbs'' and adding the 
words ``Small packages of bulbs offered to travelers returning'' in its 
place, and by adding the word ``within'' before the words ``6 weeks 
after the issuance''; and
0
c. In paragraph (b), by removing the words ``may be sampled and 
inspected'' and adding the words ``must be presented for inspection'' 
in their place.
    The revision reads as follows:


Sec.  319.37-4  Inspection, treatment, and phytosanitary certificates 
of inspection.

    (a) Phytosanitary certificates of inspection. Any restricted 
article offered for importation into the United States must be 
accompanied by a phytosanitary certificate, unless the article is 
explicitly exempted from this requirement in the paragraphs below. The 
phytosanitary certificate must identify the genus of the article it 
accompanies. When the regulations in this subpart place restrictions on 
individual species or cultivars within a genus, the phytosanitary 
certificate must also identify the species or cultivar of the article 
it accompanies. If the plant is grafted, budded, or otherwise contains 
interpolated plant parts, the phytosanitary certificate must list the 
identity of any plant parts (e.g., scion, rootstock, or interstem) that 
belong to restricted taxa to the lowest regulated taxon, e.g., genus, 
species, or cultivar. Otherwise, identification of the species is 
strongly preferred, but not required. Intergeneric and interspecific 
hybrids must be designated by placing the multiplication sign ``x'' 
between the names of the parent taxa. If the hybrid is named, the 
multiplication sign may instead be placed before the name of an 
intergeneric hybrid or before the epithet in the name of an 
interspecific hybrid. Phytosanitary certificates are not required to 
accompany the following restricted articles:
* * * * *
0
7. Section 319.37-5 is amended as follows:
0
a. By revising paragraphs (a), (b), and (c);
0
b. In paragraph (d), by adding the words ``or the Netherlands'' after 
the words ``Great Britain'' each time they occur;
0
c. By removing and reserving paragraph (j);
0
d. In paragraph (k), by removing the word ``Feijoa'' and adding the 
words ``Acca sellowiana (O. Berg) Burret'' in its place;
0
e. In paragraph (m), by adding the words ``, and unless the article is 
subject to the postentry quarantine requirements of Sec.  319.37-7(a)'' 
at the end of the sentence; and
0
f. In paragraph (v)(4)(iv), by removing the words ``to the plants''.
    The revisions read as follows:


Sec.  319.37-5  Special foreign inspection and certification 
requirements.

    (a) Any restricted article (except seeds, unrooted cuttings, and 
articles declared solely for food, analytical, or manufacturing 
purposes) from Albania, Algeria, Argentina, Armenia, Australia, 
Austria, Azerbaijan, Azores, Belarus, Belgium, Bolivia, Bulgaria, 
Canada (all areas regulated by the national plant protection 
organization of Canada for potato cyst nematodes), Channel Islands, 
Chile, Columbia, Costa Rica, Crete, Croatia, Cyprus, Czech Republic, 
Denmark (including Faeroe Islands), Ecuador, Egypt, Estonia, Falkland 
Islands, Finland, France, Georgia, Germany, Great Britain, Greece, 
Guernsey, Hungary, Iceland, India, Indonesia, Ireland, Italy, Japan, 
Jersey, Jordan, Kazakhstan, Kyrgyzstan, Latvia, Lebanon, Libya, 
Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Republic of 
Moldova, Morocco, the Netherlands, New Zealand, Northern Ireland, 
Norway, Pakistan, Panama, Peru, the Philippines, Poland, Portugal 
(including Madeira), Romania, Russian Federation, Serbia and 
Montenegro, Sierra Leone, Slovakia, Slovenia, South Africa, Spain 
(including Canary Islands and Mallorca), Sri Lanka, Sweden, 
Switzerland, Tajikistan, Tunisia, Turkey, Turkmenistan, Ukraine, 
Uzbekistan, and Venezuela must be accompanied by a phytosanitary 
certificate of inspection with an additional declaration either:
    (1) That the article was grown on land or in a substrate which has 
been microscopically inspected by the national plant protection 
organization of the country in which it was grown within 12 months 
preceding issuance of the certificate and found free from potato cyst 
nematodes, Globodera rostochiensis (Woll.) Behrens and G. pallida 
(Stone) Behrens; or
    (2) That the article has been grown within a secure environment in 
a production area that is free of potato cyst nematodes, in a soilless 
growing medium, or in vitro, and has never been grown in soil nor come 
in contact with soil.

[[Page 74591]]

    (b)(1)(i) Restricted articles (except seeds) of Chaenomeles spp. 
(flowering quince) or Cydonia spp. (quince) from Canada, at the time of 
arrival at the port of first arrival in the United States, must be 
accompanied by a phytosanitary certificate that contains an additional 
declaration that the article was grown in a nursery in Canada and that 
the article was found by the national plant protection organization of 
Canada to be free of the injurious plant pathogens listed in paragraphs 
(b)(5)(i), (ii), (iv), (xviii), (xix), (xx), and (xxi) of this section. 
The determination by the national plant protection organization that 
the article is free of these pathogens will be based on visual 
examination and indexing of the parent stock of the article and 
inspection of the nursery where the restricted article is grown to 
determine that the nursery is free of the specified pathogens. An 
additional declaration on the phytosanitary certificate of inspection 
by the national plant protection organization that a pathogen does not 
occur in Canada may be used in lieu of visual examination and indexing 
of the parent stock for that pathogen and inspection of the nursery. 
Finally, for articles containing more than one plant part (e.g., 
grafted or budded plants), if the scion, interstem, rootstock, or any 
other plant part of the finished plant that is offered for importation 
belongs to a taxon listed within this paragraph as a regulated taxon, 
the additional declaration must address the quarantine pests and 
related restrictions associated with that taxon. The additional 
declaration must list all plant parts of regulated taxa that have been 
incorporated into the finished plant.
    (ii) Restricted articles (except seeds) of Malus spp. (apple, 
crabapple) from Belgium, Canada, France, Germany, or the Netherlands, 
at the time of arrival at the port of first arrival in the United 
States, must be accompanied by a phytosanitary certificate that 
contains an additional declaration that the article was grown in a 
nursery in Belgium, Canada, France, Germany, or the Netherlands, and 
that the article was found by the national plant protection 
organization of the country in which it was grown to be free of the 
injurious plant pathogens listed in paragraphs (b)(5)(i), (ii), (iii), 
(vi), (vii), (viii), (xxii), (xxiii), (xl), (xli), (xlii), and (xliii) 
of this section. The determination by the national plant protection 
organization that the article is free of these pathogens will be based 
on visual examination and indexing of the parent stock of the article 
and inspection of the nursery where the restricted article is grown to 
determine that the nursery is free of the specified pathogens. An 
additional declaration on the phytosanitary certificate of inspection 
by the national plant protection organization that a pathogen does not 
occur in the country in which the article is grown may be used in lieu 
of visual examination and indexing of the parent stock for that 
pathogen and inspection of the nursery. Finally, for articles 
containing more than one plant part (e.g., grafted or budded plants), 
if the scion, interstem, rootstock, or any other plant part of the 
finished plant that is offered for importation belongs to a taxon 
listed within this paragraph as a regulated taxon, the additional 
declaration must address the quarantine pests and related restrictions 
associated with that taxon. The additional declaration must list all 
plant parts of regulated taxa that have been incorporated into the 
finished plant.
    (iii) Restricted articles (except seeds) of Prunus spp. (almond, 
apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, 
prune) not susceptible to plum pox (=Sharka) potyvirus (P. avium, P. 
cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. 
sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. 
yedoensis, and P. virginiana) from Canada or the Netherlands, at the 
time of arrival at the port of first arrival in the United States, must 
be accompanied by a phytosanitary certificate that contains an 
additional declaration that the article was grown in a nursery in 
Canada or the Netherlands and that the article was found by the 
national plant protection organization of the country in which it was 
grown to be free of the injurious plant pathogens listed in paragraphs 
(b)(5)(i), (x) through (xvii), (xxii), and (xliii) of this section. The 
determination by the national plant protection organization that the 
article is free of these pathogens will be based on visual examination 
and indexing of the parent stock of the article and inspection of the 
nursery where the restricted article is grown to determine that the 
nursery is free of the specified pathogens. An additional declaration 
on the phytosanitary certificate of inspection by the national plant 
protection organization that a pathogen does not occur in the country 
in which the article is grown may be used in lieu of visual examination 
and indexing of the parent stock for that pathogen and inspection of 
the nursery. Finally, for articles containing more than one plant part 
(e.g., grafted or budded plants), if the scion, interstem, rootstock, 
or any other plant part of the finished plant that is offered for 
importation belongs to a taxon listed within this paragraph as a 
regulated taxon, the additional declaration must address the quarantine 
pests and related restrictions associated with that taxon. The 
additional declaration must list all plant parts of regulated taxa that 
have been incorporated into the finished plant.
    (iv) Restricted articles (except seeds) of Pyrus spp. (pear) from 
Canada, at the time of arrival at the port of first arrival in the 
United States, must be accompanied by a phytosanitary certificate that 
contains an additional declaration that the article was grown in a 
nursery in Canada and that the article was found by the national plant 
protection organization of Canada to be free of the injurious plant 
pathogens listed in paragraphs (b)(5)(i), (ii), (iv), (v), (xviii), 
(xix), (xx), (xliii), and (xliv) of this section. The determination by 
the national plant protection organization that the article is free of 
these pathogens will be based on visual examination and indexing of the 
parent stock of the article and inspection of the nursery where the 
restricted article is grown to determine that the nursery is free of 
the specified pathogens. An additional declaration on the phytosanitary 
certificate of inspection by the national plant protection organization 
that a pathogen does not occur in Canada may be used in lieu of visual 
examination and indexing of the parent stock for that pathogen and 
inspection of the nursery. Finally, for articles containing more than 
one plant part (e.g., grafted or budded plants), if the scion, 
interstem, rootstock, or any other plant part of the finished plant 
that is offered for importation belongs to a taxon listed within this 
paragraph as a regulated taxon, the additional declaration must address 
the quarantine pests and related restrictions associated with that 
taxon. The additional declaration must list all plant parts of 
regulated taxa that have been incorporated into the finished plant.
    (v) Restricted articles (except seeds) of Vitis spp. (grape) from 
Canada, at the time of arrival at the port of first arrival in the 
United States, must be accompanied by a phytosanitary certificate that 
contains an additional declaration that the article was grown in a 
nursery in Canada and that the article was found by the national plant 
protection organization of Canada to be free of the injurious plant 
pathogens listed in paragraphs (b)(5)(xiv) through (xvii) and (xxiv) 
through (xxxix) of this section. The determination by the national 
plant protection organization that the article is free of these 
pathogens will be based on visual examination and

[[Page 74592]]

indexing of the parent stock of the article and inspection of the 
nursery where the restricted article is grown to determine that the 
nursery is free of the specified pathogens. An additional declaration 
on the phytosanitary certificate of inspection by the national plant 
protection organization that a pathogen does not occur in Canada may be 
used in lieu of visual examination and indexing of the parent stock for 
that pathogen and inspection of the nursery. Finally, for articles 
containing more than one plant part (e.g., grafted or budded plants), 
if the scion, interstem, rootstock, or any other plant part of the 
finished plant that is offered for importation belongs to a taxon 
listed within this paragraph as a regulated taxon, the additional 
declaration must address the quarantine pests and related restrictions 
associated with that taxon. The additional declaration must list all 
plant parts of regulated taxa that have been incorporated into the 
finished plant.
    (2) Budwood of Prunus spp. susceptible to plum pox (=Sharka) 
potyvirus (species other than P. avium, P. cerasus, P. effusa, P. 
laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. 
serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) 
and grown in the Netherlands may be imported into the United States 
only if it is accompanied by a phytosanitary certificate with an 
additional declaration that the original parent stock (nuclear stock) 
has been indexed and found free of pathogens in paragraphs (b)(5)(i), 
(ix) through (xvii), (xxii), (xliii), and (xliv) of this section by the 
appropriate national fruit tree certification program, and only if the 
original parent stock from which the budwood is taken is produced 
within a secure, enclosed, APHIS-approved pest-exclusionary facility 
within a national plant protection organization-operated or -approved 
nuclear stock program where the parent stock is maintained in a 
pathogen-free state.
    (3) Restricted articles, except seeds, of Prunus spp. susceptible 
to plum pox (=Sharka) potyvirus (species other than P. avium, P. 
cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. 
sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. 
yedoensis, and P. virginiana) from Canada must be accompanied by a 
phytosanitary certificate that contains an additional declaration that 
the article was grown in a nursery in Canada, that the article was 
found by the national plant protection organization of Canada to be 
free of the injurious plant pathogens listed in paragraphs (b)(5)(i), 
(ix) through (xvii), (xxii), (xliii), and (xliv) of this section, and 
that the article was grown in an area that has been surveyed and found 
free of plum pox (=Sharka) potyvirus according to a surveying protocol 
mutually agreed upon by APHIS and the national plant protection 
organization of Canada. The determination by the national plant 
protection organization of Canada that the article is free of these 
pathogens will be based on visual examination and indexing of the 
parent stock of the article and inspection of the nursery where the 
restricted article is grown to determine that the nursery is free of 
the specified pathogens. An additional declaration on the phytosanitary 
certificate of inspection by the national plant protection organization 
of Canada that a pathogen does not occur in Canada may be used in lieu 
of visual examination and indexing of the parent stock for that 
pathogen and inspection of the nursery. Finally, if any part of the 
article is not from Canada, but rather from a third country, that 
article must meet the entry requirements of this subpart as if the 
article had been directly imported into the United States from that 
third country.
    (4)(i) Seeds of Prunus spp. susceptible to plum pox (=Sharka) 
potyvirus (species other than P. avium, P. cerasus, P. effusa, P. 
laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. 
serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) 
from Belgium, Canada, France, Germany, Great Britain, or the 
Netherlands shall, at the time of arrival at the port of first arrival 
at the United States, be accompanied by a phytosanitary certificate of 
inspection containing accurate additional declarations that:
    (A) The seeds are from parent stock grown in a nursery in Belgium, 
Canada, France, Germany, Great Britain, or the Netherlands that is free 
of plum pox (=Sharka) potyvirus; and
    (B) The seeds have been found by the national plant protection 
organization of the country in which they are produced to be free of 
plum pox (=Sharka) potyvirus based on the testing of parent stock by 
visual examination and indexing.
    (ii) Seeds of Prunus spp. susceptible to plum pox (=Sharka) 
potyvirus (species other than P. avium, P. cerasus, P. effusa, P. 
laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. 
serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) 
from all countries except for the countries of Europe, Argentina, 
Canada, Chile, Cyprus, Japan, Syria, and Turkey, shall, at the time of 
arrival at the port of first arrival, be accompanied by a phytosanitary 
certificate of inspection, containing an accurate additional 
declaration that plum pox (=Sharka) potyvirus does not occur in the 
country in which the seeds were produced. The importation of seeds of 
Prunus spp. susceptible to plum pox (=Sharka) potyvirus (species other 
than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. 
padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. 
subhirtella, P. yedoensis, and P. virginiana) from Belgium, Canada, 
France, Germany, Great Britain, and the Netherlands is authorized 
subject to the conditions of paragraph (b)(4)(i) of this section. The 
importation of seeds of Prunus spp. susceptible to plum pox (=Sharka) 
potyvirus (species other than P. avium, P. cerasus, P. effusa, P. 
laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. 
serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) 
from all other countries in Europe, as well as Argentina, Chile, 
Cyprus, Japan, Syria, and Turkey, is prohibited.
    (5) List of pathogens:
    (i) Monilinia fructigena (Aderh. & Ruhl.) Honey (Brown rot of 
fruit).
    (ii) Guignardia piricola (Nose) Yamomoto (Leaf, branch, and fruit 
disease).
    (iii) Apple proliferation phytoplasma.
    (iv) Pear blister canker apscaviroid.
    (v) Pear bud drop virus.
    (vi) Diaporthe mali Bres. (Leaf, branch, and fruit fungus).
    (vii) Apple green crinkle agent (Apple false sting virus).
    (viii) Apple chat fruit agent (Apple small fruit).
    (ix) Plum pox (=Sharka) potyvirus and its strains.
    (x) Cherry leaf roll nepovirus (Elm mosaic virus, golden elderberry 
virus).
    (xi) European cherry rusty mottle virus.
    (xii) European stone fruit yellows phytoplasma (Apricot chlorotic 
leaf roll agent).
    (xiii) Plum bark split trichovirus.
    (xiv) Arabis mosaic nepovirus and its strains.
    (xv) Raspberry ringspot nepovirus (European cherry rasp leaf) and 
its strains.
    (xvi) Tomato blackring nepovirus (Myrobalan latent ringspot, peach 
shoot stunting) and its strains.
    (xvii) Strawberry latent ringspot sadwavirus (Peach willow leaf 
rosette, Court noue) and its strains.
    (xviii) Quince sooty ringspot agent.
    (xix) Quince yellow blotch agent (Pear yellow blotch agent, Apple 
rubbery wood phytoplasma).
    (xx) Quince stunt agent.
    (xxi) Gymnosporangium asiaticum Miyabe ex. Yamada (Rust).

[[Page 74593]]

    (xxii) Valsa mali Miyabe and Yamada ex. Miura (Branch canker 
fungus).
    (xxiii) Apple ringspot agent (Apple thumb mark, Thumb mark, Apple 
Henderson spot agent).
    (xxiv) The following nematode transmitted viruses: Artichoke 
Italian latent virus, Grapevine Bulgarian latent virus, Grapevine 
fanleaf virus and its strains, and Hungarian chrome mosaic virus.
    (xxv) Grapevine asteroid mosaic agent.
    (xxvi) Grapevine Bratislava mosaic virus.
    (xxvii) Grapevine chasselas latent agent.
    (xxviii) Grapevine little leaf agent.
    (xxix) Grapevine vein mosaic agent.
    (xxx) Grapevine vein necrosis agent.
    (xxxi) Flavescence-doree phytoplasma.
    (xxxii) Black wood phytoplasma (bois-noir).
    (xxxiii) Grapevine infectious necrosis bacterium.
    (xxxiv) Xanthomonas ampelina Panagopoulas.
    (xxxv) Peyronellaea glomerata Ciferri.
    (xxxvi) Pseudopeziza tracheiphila Muller-Thur-gau.
    (xxxvii) Rhacodiella vitis Sterenberg.
    (xxxviii) Rosellinia necatrix Prill.
    (xxxix) Septoria melanosa (Vialla and Ravav) Elenk.
    (xl) Apple fruit crinkle apscaviroid.
    (xli) Apple dimple fruit apscaviroid.
    (xlii) Apple scar skin apscaviroid.
    (xliii) Monilinia polystroma.
    (xliv) Apricot pseudo-chlorotic leaf spot trichovirus.
    (c) Any restricted article (except seeds) of Chrysanthemum spp. 
(chrysanthemum, includes Dendranthema spp.), Leucanthemella serotina, 
or Nipponathemum nipponicum, from a foreign place except Asia, Europe, 
South America, Australia, Mexico, New Zealand, Oceania (Melanesia, 
Micronesia, and Polynesia), Republic of South Africa, and Tunisia 
shall, at the time of arrival at the port of first arrival in the 
United States, be accompanied by a phytosanitary certificate of 
inspection. The phytosanitary certificate of inspection must contain a 
declaration that the article was grown in a greenhouse nursery and 
found by the national plant protection organization of the country in 
which the article was grown to be free of white rust of chrysanthemum 
(caused by the rust fungus Puccinia horiana P. Henn.) based on visual 
examination of parent stock, the articles for importation, and the 
greenhouse nursery in which the articles for importation and the parent 
stock were grown, once a month for 4 consecutive months immediately 
prior to importation. Such articles are also subject to the postentry 
quarantine requirements of Sec.  319.37-7.
* * * * *

0
8. Section 319.37-6 is amended as follows:
0
a. In paragraph (a), in the table, by adding an entry for ``Dioscorea 
spp. (yam) plants for planting, including, but not limited to, bulbs, 
minisetts, and yam-setts'' in alphabetical order; and
0
b. By adding paragraph (e).
    The additions read as follows:


Sec.  319.37-6  Specific treatment and other requirements.

    (a) * * *

------------------------------------------------------------------------
                                                      Pest(s) for which
          Seed/bulb             Country/locality        treatment is
                                                          required
------------------------------------------------------------------------
 
                              * * * * * * *
Dioscorea spp. (yam) plants   All countries,        A diversity of
 for planting, including,      except as provided    internal and
 but not limited to, bulbs,    in paragraphs         external feeders,
 minisetts, and yam-setts.     (e)(1) through        including but not
                               (e)(3) of this        limited to:
                               section.              Aspiditosis hartii
                                                     (yam scale) and
                                                     Palaeopus
                                                     costicollis (yam
                                                     weevil).
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    (e) Dioscorea spp. (yam) plants for planting, including, but not 
limited to, bulbs, minisetts, and yam-setts, may be imported into the 
United States without being treated in accordance with part 305 of this 
chapter if:
    (1) They are imported from Japan.
    (2) They are imported from the Dominican Republic into Puerto Rico.
    (3) They are imported from the West Indies into the U.S. Virgin 
Islands.

0
9. Section 319.37-7 is amended as follows:
0
a. By removing the words ``Postentry Quarantine Unit'' wherever they 
occur and adding the words ``National Postentry Quarantine 
Coordinator'' in their place;
0
b. In paragraph (a)(3), in the table, by revising the entries for 
``Acer spp. (maple)'', ``Chrysanthemum spp. (chrysanthemum, includes 
Dendranthema spp.) meeting the conditions in Sec.  319.37-5(c)'', 
``Leucanthemella serotina'', ``Malus spp. (apple, crabapple) meeting 
the conditions for importation in Sec.  319.37-5(b)'', ``Nipponanthemum 
nipponicum'', and ``Prunus spp. (almond, apricot, cherry, cherry 
laurel, English laurel, nectarine, peach, plum, prune) meeting the 
conditions for importation in Sec.  319.37-5(b)'';
0
c. In paragraph (a)(3), in the table, in the entry for ``Dianthus spp. 
(carnation, sweet-william)'', by adding the words ``and the 
Netherlands'' after the words ``Great Britain'';
0
d. In paragraph (c)(1)(i), by removing the words ``, except the 
District of Columbia, Guam, Hawaii, Kansas, and the Northern Mariana 
Islands'';
0
e. In paragraph (d)(1), by removing the words ``Building 580, BARC-
East, Beltsville, MD 20705'' and adding the words ``4700 River Road, 
Unit 133 Riverdale, MD 20737-1236'' in their place; and
0
f. By adding paragraph (d)(8).
    The revisions and addition read as follows:


Sec.  319.37-7  Postentry quarantine.

    (a) * * *
    (3) * * *

------------------------------------------------------------------------
                                             Foreign Country(ies) or
  Restricted Article (excluding seeds)       Locality(ies) from which
                                                     imported
------------------------------------------------------------------------
 
                              * * * * * * *
Acer spp. (maple)......................  All except Canada, Europe
                                          (except the Netherlands in
                                          accordance with Sec.   319.37-
                                          5(m)), and Japan.
 

[[Page 74594]]

 
                              * * * * * * *
Chrysanthemum spp. (chrysanthemum),      All except Asia, Europe, South
 includes Dendranthema spp.), meeting     America, Australia, Mexico,
 the conditions for importation in Sec.   New Zealand, Oceania
   319.37-5.                              (Melanesia, Micronesia, and
                                          Polynesia), Republic of South
                                          Africa, and Tunisia.
 
                              * * * * * * *
Leucanthemella serotina meeting the      All except Asia, Europe, South
 conditions for importation in Sec.       America, Australia, Mexico,
 319.37-5.                                New Zealand, Oceania
                                          (Melanesia, Micronesia, and
                                          Polynesia), Republic of South
                                          Africa, and Tunisia.
 
                              * * * * * * *
Malus spp. (apple, crabapple) meeting    All countries listed in Sec.
 the conditions for importation in Sec.   319.37-5(b).
   319.37-5(b).
 
                              * * * * * * *
Nipponathemum nipponicum meeting the     All except Asia, Europe, South
 conditions for importation in Sec.       America, Australia, Mexico,
 319.37-5.                                New Zealand, Oceania
                                          (Melanesia, Micronesia, and
                                          Polynesia), Republic of South
                                          Africa, and Tunisia.
 
                              * * * * * * *
Prunus spp. meeting the conditions for   The Netherlands.
 importation in Sec.   319.37-5(b).
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    (d) * * *
    (8) To keep the article under postentry quarantine conditions until 
the National Postentry Quarantine Coordinator issues a written release 
for the article.
* * * * *


Sec.  319.37-8  [Amended]

0
10. In Sec.  319.37-8, paragraph (b)(2) is amended by removing the 
words ``Newfoundland or from that portion of the Municipality of 
Central Saanich in the Province of British Columbia east of the West 
Saanich Road'' and adding the words ``all areas of Canada regulated by 
the national plant protection organization of Canada for potato cyst 
nematode'' in their place.

0
11. In Sec.  319.37-10, paragraph (c) is revised to read as follows:


Sec.  319.37-10  Marking and identity.

* * * * *
    (c) Any restricted article for importation (by mail or otherwise), 
at the time of importation or offer for importation into the United 
States shall be accompanied by an invoice or packing list indicating 
the scientific names of the articles, at least to the level of genus, 
and the quantity of plants for planting in the shipment. Quantity must 
be expressed in the number of plant units, or in the case of seeds, by 
weight in grams or kilograms. Finally, when the regulations in this 
subpart place restrictions on individual species or cultivars within a 
genus, the invoice or packing list must also identify the species or 
cultivar of the articles.
* * * * *


Sec.  319.37-11  [Amended]

0
12. Section 319.37-11 is amended by adding the words ``that must be 
accompanied by a permit in accordance with Sec.  319.37-3(a)(1) through 
(11)'' after the words ``restricted article''.

PART 361--IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED 
ACT

0
13. The authority citation for part 361 continues to read as follows:

    Authority: 7 U.S.C. 1581-1610; 7 CFR 2.22, 2.80, and 371.3.


Sec.  361.2  [Amended]

0
14. In Sec.  361.2, paragraph (d) is amended by adding the words ``and 
in addition to the restrictions of Sec.  319.37-3(a)(7),'' before the 
words ``coated or pelleted seed'', and by adding the words ``, or seed 
that is embedded in a substrate that obscures visibility'' after the 
words ``coated or pelleted seed''.

    Done in Washington, DC, this 5th day of December 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-29114 Filed 12-15-14; 8:45 am]
BILLING CODE 3410-34-P