[Federal Register Volume 64, Number 135 (Thursday, July 15, 1999)]
[Rules and Regulations]
[Pages 38108-38110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18049]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 98-021-2]
Cut Flowers
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the cut flowers regulations to provide that
APHIS inspectors will issue a written notice when pests are detected
and action on the part of the importer is required. We are also
amending the regulations to make it clear that the importer of cut
flowers is responsible for all costs of destroying or otherwise
disposing of pest-infested cut flowers should the importer choose not
to treat or reexport them. These changes will help reduce the risk of
cut flowers introducing plant pests into the United States by ensuring
that any necessary treatment or other required actions are completed.
EFFECTIVE DATE: August 16, 1999.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Campbell, Import
Specialist, Phytosanitary Issues Management Team, PPQ, APHIS, 4700
River Road Unit 140, Riverdale, MD 20737-1231; (301) 734-6799; or e-
mail: Ronald.C.Campbell@usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 319 prohibit or restrict the
importation of plants, plant parts, and related materials to prevent
the introduction of foreign plant pests into the United States. The
regulations in Sec. Sec. 319.74 through 319.74-4 (referred to below as
the regulations) govern the importation of cut flowers into the United
States and require, among other things, that all cut flowers be
inspected for injurious insects and plant diseases at the port of
entry.
[[Page 38109]]
On January 28, 1999, we published in the Federal Register (64 CFR
4347-4350, Docket No. 98-021-1) a proposal to amend the cut flowers
regulations to:
Provide that Animal and Plant Health Inspection Service
(APHIS) inspectors will issue a written notice when pests are detected
at the port of entry and action is required on the part of the
importer.
Make it clear that the importer of cut flowers is
responsible for all costs of destroying or otherwise disposing of pest-
infested cut flowers should the importer choose not to treat or
reexport them.
We solicited comments concerning our proposal for 60 days ending
March 29, 1999. We received four comments by that date. They were from
trade associations and representatives of State and Federal
governments. All responses were in favor of the proposal.
One State requested that APHIS inform the State Department of
Agriculture when it issues an emergency action notification (EAN) at a
port of entry in that State under this rule. Currently, APHIS' policy
is to make individual EANs available upon request, pursuant to the
Freedom of Information Act. We intend to discuss other options with the
State concerning the notification of issuance of EANs.
We have also made one nonsubstantive editorial change to clarify
that cut flowers must be made available for inspection at the port of
first arrival.
Therefore, for the reasons given in the proposed rule, we are
adopting the proposed rule as a final rule, with one change.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
In accordance with 5 U.S.C. 604, we have performed a Final
Regulatory Flexibility Analysis, which is set out below, regarding the
economic effect of this rule on small entities.
This rule amends the cut flowers regulations to provide that
inspectors will issue a written notice when pests are detected in
shipments of imported cut flowers and action on the part of the
importer is required. This rule also makes it clear that the person
importing cut flowers, and not APHIS, is responsible for the costs of
destroying cut flowers when pests are detected and the cut flowers will
not be treated or reexported.
In our proposal, we solicited comments on the potential effects of
this action on small entities. In particular, we sought data and other
information to determine the number and kind of small entities that may
incur benefits or costs from the implementation of this rule. We
received no comments on our Initial Regulatory Flexibility Analysis.
This rule will help reduce the risk of cut flowers introducing
plant pests into the United States by ensuring that any necessary
treatment or other required actions are completed. This rule will also
help reduce costs for the Federal Government because it explicitly
requires that the costs of destroying infested or infected cut flowers
be the responsibility of the importer, owner, or agent or
representative of the importer or owner. We estimate that approximately
200 to 400 boxes of cut flowers are abandoned each month at Miami
International Airport, the port of entry for more than 90 percent of
foreign cut flowers. Estimates of the annual cost to APHIS for the
disposal or destruction of cut flowers range from $100,000 to $240,000.
The entities potentially affected by this rule are importers and
others in the United States who are involved in the importation of cut
flowers. This rule will increase costs for importers, who will be
required to absorb the cost of destroying infested or infected flowers
at U.S. ports of entry. The number and size of those entities
potentially affected by this rule are unknown.
It is reasonable to assume that most of the entities potentially
affected by this rule are small by U.S. Small Business Administration
(SBA) standards. In 1992, 99 percent of 4,322 wholesalers of flowers,
nursery stock, and florists' supplies were considered small entities.
The magnitude of the potential economic effect of this rule on small
entities cannot be determined.
There is reason to believe that the overall economic effect of this
rule on small entities will be insignificant, given that the volume of
cut flowers abandoned at U.S. ports of entry is very small compared to
the total volume of imported cut flowers allowed entry into the United
States. In 1996, the United States imported approximately 2.5 billion
fresh cut flower stems through Miami International Airport. No more
than 72,000 cut flowers are abandoned yearly at Miami International
Airport. Abandoned cut flowers, therefore, represent only a small
percentage of the overall volume of cut flower importations into the
United States.
Two alternatives to this rule were considered: (1) To make no
changes in the regulations and (2) to begin charging importers for
destruction by APHIS of abandoned cut flowers without making changes to
the regulations. We rejected the first alternative (making no change in
the regulations) after determining that the costs to APHIS are too high
to continue destroying or disposing of abandoned cut flowers at APHIS'
expense. We also rejected the second alternative (charging importers
for destruction by APHIS of abandoned cut flowers without making
changes to the regulations) because we believe it is necessary to
clarify our regulations regarding this issue since they do not
currently state that importers are responsible for abandoned cut
flowers. Because we have elected to exercise our authority to recover
all costs that we incur when disposing of abandoned cut flowers, we are
amending the cut flowers regulations to make them more consistent with
our regulations elsewhere in title 7, chapter III, by requiring that
the importer, owner, or agent or representative of the importer or
owner of cut flowers pay all additional costs associated with the
importation of cut flowers. APHIS will continue to provide the services
of an inspector during regular hours of duty at the usual place of duty
at no cost to the importer.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery Stock,
Plant diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we are amending 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 continues to read as
follows:
Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and
2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).
[[Page 38110]]
2. Subpart--Cut Flowers is revised to read as follows:
Subpart--Cut Flowers
319.74-1 Definitions.
319.74-2 Conditions governing the entry of cut flowers.
319.74-3 Importations by the Department.
319.74-4 Costs and charges.
Subpart--Cut Flowers
Sec. 319.74-1 Definitions.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service, United States Department of Agriculture, or any
employee of the United States Department of Agriculture delegated to
act in his or her stead.
Cut flower. The highly perishable commodity known in the commercial
flower-producing industry as a cut flower, which is the severed portion
of a plant, including the inflorescence and any parts of the plant
attached to it, in a fresh state. This definition does not include
dried, bleached, dyed, or chemically treated decorative plant
materials; filler or greenery, such as fern fronds and asparagus
plumes, frequently packed with fresh cut flowers; or Christmas
greenery, such as holly, mistletoe, and Christmas trees.
Inspector. Any individual authorized by the Administrator to
enforce this subpart.
United States. All of the States, the District of Columbia, Guam,
the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the
United States, and all other territories or possessions of the United
States.
Sec. 319.74-2 Conditions governing the entry of cut flowers.
(a) Inspection. All cut flowers imported into the United States
must be made available to an inspector for examination at the port of
first arrival and must remain at the port of first arrival until
released, or authorized further movement, by an inspector.
(b) Actions to prevent the introduction of plant pests; notice by
an inspector. If an inspector orders any disinfection, cleaning,
treatment, reexportation, or other action with regard to imported cut
flowers that are found to be infested with injurious plant pests or
infected with diseases, the inspector will provide an emergency action
notification (PPQ Form 523) to the importer, owner, or agent or
representative of the importer or owner of the cut flowers. The
importer, owner, or agent or representative of the importer or owner
must, within the time specified in the PPQ Form 523 and at his or her
own expense, destroy the cut flowers, ship them to a point outside the
United States, move them to an authorized site, and/or apply
treatments, clean, or apply other safeguards to the cut flowers as
prescribed by the inspector on the PPQ Form 523. Further, if the
importer, owner, or agent or representative of the importer or owner
fails to follow the conditions on PPQ Form 523 by the time specified on
the form, APHIS will arrange for destruction of the cut flowers, and
the importer, owner, or agent or representative of the importer or
owner will be responsible for all costs incurred. Cut flowers that have
been cleaned or treated must be made available for further inspection,
cleaning, and treatment at the option of the inspector at any time and
place indicated by the inspector before the requirements of this
subpart will have been met. Neither the Department of Agriculture nor
the inspector may be held responsible for any adverse effects of
treatment on imported cut flowers.
(c) Fumigation for agromyzids. (1) Cut flowers imported from any
country or locality and found upon inspection to be infested with
agromyzids (insects of the family Agromyzidae) must be fumigated at the
time of importation with methyl bromide in accordance with paragraph
(c)(2) of this section, with the following exceptions:
(i) Fumigation will not be required for cut flowers imported from
Canada (including Labrador and Newfoundland) or Mexico because of the
finding of agromyzids.
(ii) Fumigation will not be required for cut flowers of
Chrysanthemum spp. imported from Colombia or the Dominican Republic
because of the finding of agromyzids, when such agromyzids are
identified by an inspector to be only agromyzids of the species
Liriomyza trifolii (Burgess).
(2) Fumigation schedules. Fumigation of cut flowers for agromyzids
(insects of the family Agromyzidae) must consist of fumigation with
methyl bromide at normal atmospheric pressure in a chamber or under a
tarpaulin in accordance with one of the following schedules:
1\1/2\ lbs. per 1,000 cu. ft. for 2 hours at 80-90 deg.F.
(19 oz. concentration at first \1/2\ hour)
(12 oz. concentration at 2 hours); or
2 lbs. per 1,000 cu. ft. for 2 hours at 70-79 deg.F.
(24 oz. concentration at first \1/2\ hour)
(16 oz. concentration at 2 hours); or
2\1/2\ lbs. per 1,000 cu. ft. for 2 hours at 60-69 deg.F.
(30 oz. concentration at first \1/2\ hour)
(20 oz. concentration at 2 hours); or
3 lbs. per 1,000 cu. ft. for 2 hours at 50-59 deg.F.
(36 oz. concentration at first \1/2\ hour)
(24 oz. concentration at 2 hours); or
3\1/2\ lbs. per 1,000 cu. ft. for 2 hours at 40-49 deg.F.
(41 oz. concentration at first \1/2\ hour)
(27 oz. concentration at 2 hours)
Note: There is a possibility that some cut flowers could be
damaged by such fumigation.
(d) Refusal of entry. If an inspector finds that imported cut
flowers are so infested with a plant pest or infected with disease
that, in the judgment of the inspector, they cannot be cleaned or
treated, or if they contain soil or other prohibited contaminants, the
entire lot may be refused entry into the United States.
Sec. 319.74-3 Importations by the Department.
The U.S. Department of Agriculture may import cut flowers for
experimental or scientific purposes under such conditions and
restrictions as the Administrator may prescribe to prevent the
dissemination of plant pests.
Sec. 319.74-4 Costs and charges.
The Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, will be responsible only for the costs of providing the
services of an inspector during regularly assigned hours of duty and at
the usual places of duty (provisions relating to costs for other
services of an inspector are contained in 7 CFR part 354). The
importer, owner, or agent or representative of the importer or owner of
cut flowers is responsible for all additional costs of inspection,
treatment, movement, storage, or destruction ordered by an inspector
under this subpart, including the costs of any labor, chemicals,
packing materials, or other supplies required.
Done in Washington, DC, this 9th day of July 1999.
A. Cielo,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-18049 Filed 7-14-99; 8:45 am]
BILLING CODE 3410-34-P
