[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51208-51210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25100]
[[Page 51208]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 94-102-3]
Importation of Fruit Trees From France
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are allowing Chaenomeles spp., Cydonia spp., Malus spp.,
Pyrus spp., and certain Prunus spp. plants (except seeds) to be
imported into the United States as restricted articles, if grown in
private nurseries in France and certified by the French plant
protection service to be free of various diseases. This action relieves
restrictions on the importation of these articles from France without
presenting a significant risk of introducing plant pests (including
diseases) into the United States.
We are also removing Laredo, TX, from the list of ports equipped
with plant inspection stations.
EFFECTIVE DATE: October 31, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. James Petit de Mange or Mr. Peter
Grosser, Operations Officers, Port Operations, PPQ, APHIS, 4700 River
Road Unit 139, Riverdale, MD, 20737-1236, (301) 734-8645.
SUPPLEMENTARY INFORMATION:
Background
The Plant Quarantine Act (7 U.S.C. 151 et seq.) and the Federal
Plant Pest Act (7 U.S.C. 150aa et seq.) authorize the Animal and Plant
Health Inspection Service (APHIS) to prohibit or restrict the
importation into the United States of any plants, roots, bulbs, seeds,
or other plant products in order to prevent the introduction of plant
pests (including diseases) into the United States.
Regulations promulgated under this authority, among others, include
7 CFR 319.37 through 319.37-14, ``Subpart--Nursery Stock, Plants,
Roots, Bulbs, Seeds, and Other Plant Products'' (referred to below as
the regulations). These regulations govern the importation of living
plants, plant parts, and seeds for or capable of propagation, and
related articles. The regulations prohibit or restrict the importation
of most plants, roots, bulbs, seeds, and other plant products. These
articles are classified as either ``prohibited articles'' or
``restricted articles.''
A prohibited article is an article that the Deputy Administrator
for Plant Protection and Quarantine (PPQ), APHIS, has determined cannot
feasibly be inspected, treated, or handled to prevent it from
introducing plant pests new to or not widely prevalent or distributed
within and throughout the United States. Prohibited articles may not be
imported into the United States, unless imported by the United States
Department of Agriculture (USDA) for experimental or scientific
purposes under specified safeguards.
A restricted article is an article that the Deputy Administrator
for PPQ has determined can be inspected, treated, or handled to
essentially eliminate the risk of its spreading plant pests if imported
into the United States. Restricted articles may be imported into the
United States if they are imported in compliance with restrictions that
may include permit and phytosanitary certificate requirements,
inspection, treatment, or postentry quarantine.
On March 13, 1995, we published in the Federal Register (60 FR
13382-13384, Docket No. 94-102-1) a proposed rule to amend Sec. 319.37-
5(b) of the regulations to allow Chaenomeles spp., Cydonia spp., Malus
spp., Pyrus spp., and certain Prunus spp. grown in private nurseries in
France to be imported into the United States as restricted articles
under the same conditions specified in the regulations for those same
articles when grown in government nurseries in France. All of these
restricted articles must be accompanied by a phytosanitary certificate
of inspection stating where the article was grown and certifying that
the article was found by the plant protection service of the country in
which it was grown to be free of various plant diseases. Also, all of
the restricted articles listed above are subject to a 2-year postentry
quarantine period, as specified in Sec. 319.37-7. In postentry
quarantine, restricted articles are grown in an approved area and
observed in order to detect plant pests undetectable by inspection at
the port of entry. In addition, we proposed to amend Sec. 319.37-14(b)
of the regulations by removing the port of Laredo, TX, from the list of
ports with plant inspection stations.
We solicited comments concerning our proposal for 30 days ending
April 12, 1995. On April 26, 1995, we published a notice (60 FR 20436,
Docket No. 94-102-2) reopening and extending the comment period until
May 26, 1995. We received a total of four comments on or before May 26.
They were from producers, industry representatives, and representatives
of State governments. These comments are discussed below.
One commenter expressed concerns about the risks associated with
allowing the importation of fruit trees from private nurseries in
France. The commenter cited Canada's decision to stop importing
grapevines from France due to pest interceptions. The commenter
suggested random sampling of imported fruit trees to assure compliance
with disease-free certification requirements in Sec. 319.37-5 of the
regulations.
We are aware of the problems that Canada encountered with
grapevines from France. We understand that those problems have been
resolved. Canada now allows the importation of grapevines from France
under certain restrictions. Canadian officials detected these problems
through routine tests of the imported materials. As described below,
APHIS performs routine tests of fruit trees imported into the United
States in addition to the requirements for inspections at the port of
entry and postentry quarantine.
All of the safeguards that are currently in the regulations for
Chaenomeles, Cydonia, Malus, Prunus, and Pyrus spp. imported into the
United States from government nurseries in France will also apply to
fruit trees imported into the United States from private nurseries in
France. Fruit trees must be imported through an APHIS plant inspection
station where they will be inspected for plant pests. If the imported
fruit trees are free from such plant pests, samples will be taken and
sent to the National Plant Germplasm Quarantine Center (NPGQC) at
Beltsville, MD. NPGQC tests the fruit trees for viruses and other
submicroscopic pathogens. The balance of the fruit tree shipment is
grown under postentry quarantine for two growing seasons at an approved
postentry quarantine growing site. The plants are inspected during that
period by State plant regulatory officials. These postentry quarantine
processes are contained in Sec. 319.37-7 and have successfully
protected the United States against the introduction of plant pests
while allowing the entry of valuable fruit varieties.
We believe that these safeguards are adequate to prevent the
introduction of plant pests into the United States on fruit trees
imported from private nurseries in France. Therefore, we are making no
changes based on this comment.
One commenter was concerned about the manageability of the
postentry quarantine inspections and suggested that we limit the volume
of imported fruit trees to that which is needed for propagation
purposes, not ``instant orchards.''
[[Page 51209]]
The import permits for plants to be grown in postentry quarantine
do not limit the number of plants that may be imported into the United
States. However, the regulations in Sec. 319.37-7 require that each
participating State review pending permit applications for articles to
be grown under postentry quarantine conditions in the State and report
to APHIS whether the site is of adequate size to contain the number of
plants proposed for importation.
As specified in the regulations in Sec. 319.37-7, APHIS issues
permits only after determining that State services are available to
monitor the postentry quarantine. Therefore, APHIS may withhold
approval of a permit application if the applicant indicates the intent
to import quantities of postentry plants that the State does not have
the resources to inspect, or that exceed an amount that the State
believes could be grown at the proposed site. Therefore, APHIS has the
ability under Sec. 319.37-7 of the regulations to prevent the
importation of an ``instant orchard'' by denying approval of a permit
if such actions are justifiable. Therefore, we are making no changes
based on this comment.
One commenter expressed concern about the importation of certain of
the Prunus species (cherry trees) due to a new strain of the plum pox
virus that has been detected in cherry trees in Russia and eastern
Europe. Prior to this detection, cherry trees had been considered
resistant to the plum pox virus.
APHIS is aware of the reports that a new strain of the plum pox
virus was detected in cherry trees in Bulgaria, Moldova, and Russia.
APHIS is closely watching any developments of this strain of plum pox.
At this time, there has been no report of this strain of plum pox being
detected in France or the other European countries from which cherry
trees currently may be imported into the United States.
Plum pox is also a disease of quarantine importance to France and
the other European countries from which cherry trees may be imported
into the United States. Fruit tree certification programs in France and
other European countries include serological testing of cherry trees
that would detect plum pox if it were present. Additionally, plants of
the Prunus species imported into France and other European countries
are held and tested at quarantine stations. These measures prevent
disease from coming into France and other European countries from which
cherry trees may be imported into the United States. Also, the tests
that APHIS performs for all fruit trees imported into the United States
from Europe would detect plum pox if any trees were infected. These
precautions, and a 2-year postentry quarantine, provide adequate
safeguards to prevent the introduction of plum pox into the United
States. Therefore, we are making no changes based on this comment.
Plum pox is an important disease of fruit trees; should this strain
expand beyond eastern Europe, APHIS would reassess our import
regulations to ensure that fruit trees imported into the United States
are not infected with plum pox.
One commenter questioned previous occurrences of nursery stock or
propagative materials being imported into the United States from
private nurseries in France.
While the intention of the regulations was to prohibit the
importation into the United States of Chaenomeles, Cydonia, Malus,
Prunus, and Pyrus spp. from private nurseries in France, the
regulations were interpreted differently by plant regulatory officials
in the United States and abroad. As a result, some fruit trees from
private nurseries in France were imported into the United States.
To prevent a similar misunderstanding of the requirements for
importing Prunus spp. not immune to plum pox, we are adding wording to
Sec. 319.37-5(b) to make it clear that these plants must be grown in a
government operated nursery (research station).
Two commenters expressed concern that the importation of fruit
trees from private nurseries in France could have a negative economic
impact on domestic producers. One commenter suggested that we impose a
tariff on fruit trees from France to make the prices more comparable to
U.S. trees. The commenter felt that France grows and sells fruit trees
much less expensively than U.S. growers can and that fruit trees from
France have glutted the European and U.S. fruit tree markets. The other
commenter was concerned that easing trade restrictions would be
detrimental to domestic markets.
APHIS bases its decisions to allow fruit trees to be imported into
the United States on whether these importations can be made without
significant risk of plant pest introduction. We believe that certain
fruit trees produced in private nurseries in France, certified as
meeting the requirements in the regulations by the plant protection
service of France, may be imported into the United States without
posing a pest risk to the United States. Furthermore, we have no
authority to impose tariffs or to limit importations based on their
economic impact on domestic markets. Therefore, we are making no
changes based on this comment.
Miscellaneous
In addition, we are making nonsubstantive editorial changes to the
regulations to correct typographical errors.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposal as
a final rule, with the changes discussed in this document.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
We are amending the regulations to allow species of the genera
Chaenomeles, Cydonia, Malus, Pyrus, and certain species of Prunus
(those immune to plum pox virus) grown in private nurseries in France
to be imported into the United States as restricted articles under the
same conditions already applied to those same articles when grown in
government nurseries in France. All of these restricted articles must
be accompanied by a phytosanitary certificate of inspection stating
where the article was grown and certifying that the article was found
by the plant protection service of the country in which grown to be
free of various plant diseases. Also, all of the restricted articles
listed above are subject to a 2-year postentry quarantine period, as
specified in Sec. 319.37-7.
Prior to this final rule, the regulations stated that species of
the genera Chaenomeles, Cydonia, Malus, Pyrus, and certain species of
Prunus (those immune to plum pox virus) could only be certified from a
government operated nursery where the original parent stock is indexed
for the appropriate national fruit tree program. The regulations did
not specify that the trees also must be grown in the government
nursery. Thus the regulatory language resulted in different
interpretations of its intent by plant regulatory officials in the
United States and abroad.
During the first nine months of fiscal year 1994, approximately
312,893 fruit trees valued at $1.64 million were imported into the
United States from Belgium, France, and The Netherlands. Importations
of Malus spp. from all three countries accounted for 99.9
[[Page 51210]]
percent (312,840) of imported fruit trees. Thirty-two trees of Prunus
spp. and 21 of Pyrus spp. were also imported. There were no imports of
Chaenomeles spp. or Cydonia spp. Prices of imported fruit trees
averaged about $5.25 per tree.
Annually, domestic producers market about 20 million fruit trees of
these five genera, valued at approximately $105 million. Domestic tree
prices range from $5 to $6 per tree. Imported fruit trees, therefore,
currently account for only about 1.5 percent of fruit trees available
in the U.S. market.
Shipments from government research stations tend to be small,
whereas shipments from private nurseries are generally large.
Historically, we have received small shipments from France. In 1994
there was a single importation of 25,000 fruit trees from a private
nursery in France. In 1995, there were 4 shipments of fruit trees from
France (between 2 and 42 fruit trees per shipment) imported into the
United States. Therefore, we expect that as a result of this rule,
private nurseries in France could export 20,000 to 30,000 trees to the
United States each year. This number of fruit trees would account for
less than one-half of one percent of the fruit trees available in the
U.S. market. Furthermore, these fruit trees from France probably will
compete directly with imports from The Netherlands, thus lessening the
impact on U.S. producers. We anticipate, therefore, that this rule will
not have a significant economic impact on domestic fruit tree producers
or other small entities.
Also, we have determined, using the Small Business Administration
definition of a small business involved in the retail nursery business
or the wholesale trade of flowers and nursery stock (100 or fewer
employees), that there are currently about 9,097 small retail nurseries
and 11,347 small wholesale shippers of flowers and nursery stock in the
United States. We expect that these small businesses may benefit, if
only slightly, from this rule. They will gain access to a greater
variety of imported fruit trees, possibly at lower prices.
We are also removing the port of Laredo, TX, from the list of ports
with plant inspection stations. About 400 million plants are imported
through plant inspection stations into the United States annually. Only
24 shipments of 21,429 plants (less than 1 percent of 400 million) were
imported through the plant inspection station at Laredo in 1993. In
view of the low volume of plants imported into the United States
through the Laredo plant inspection station, we do not believe that
this rule will have a significant economic effect on businesses or
other entities, large or small. Moreover, any plants requiring written
permits and previously imported through Laredo could be diverted to the
ports of Brownsville or El Paso, TX, which still retain plant
inspection stations.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This rule has been reviewed under Executive Order 12778, 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, Incorporation by
reference, Nursery stock, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Rice, Vegetables.
Accordingly, 7 CFR part 319 is amended 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).
2. Section 319.37-5 is amended as follows:
a. In paragraph (b)(1), the first sentence is amended by adding the
words ``the article was'' immediately before the words ``grown to be''
and by removing the reference to ``(b)(2)'' and adding a reference to
``(b)(3)'' in its place.
b. Footnote 7 and its reference are removed.
c. Paragraph (b)(2) is redesignated as paragraph (b)(3) and a new
paragraph (b)(2) is added to read as set forth below.
d. Paragraph (d) is amended by adding a closed parenthesis
immediately after the words ``sweet-william''.
Sec. 319.37-5 Special foreign inspection and certification
requirements.
* * * * *
(b) * * *
(2) Species of Prunus not immune to plum pox virus (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 Belgium,
France, Germany, Great Britain, or The Netherlands shall be certified
only from the government operated nurseries (research stations) where
the certified plants were grown and the original parent stock is
indexed for the appropriate national fruit tree certification program.
* * * * *
Secs. 319.37-5, 319.37-6, 319.37-7, 319.37-8, and 319.37-13 [Amended]
3. Footnotes 8 through 12 and their references are redesignated as
footnotes 7 through 11, respectively.
Sec. 319.37-14 [Amended]
4. In Sec. 319.37-14, paragraph (b), under the list of ports of
entry in Texas, the asterisk immediately preceding the entry for Laredo
is removed.
Done in Washington, DC, this 25th day of September 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-25100 Filed 9-30-96; 8:45 am]
BILLING CODE 3410-34-P
