[Federal Register Volume 61, Number 251 (Monday, December 30, 1996)]
[Proposed Rules]
[Pages 68673-68674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33127]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 61, No. 251 / Monday, December 30, 1996 /
Proposed Rules
[[Page 68673]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 96-083-1]
Importation of Cotton and Cotton Products
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: We are soliciting public comment on whether and how our
regulations for importing cotton (including seed cotton, cottonseed,
cotton lint and linters, cottonseed products, and cotton waste) and
cotton covers into the United States need to be changed. In particular,
we are seeking information, including technical data, concerning what
mitigation measures are appropriate to ensure that cotton and cotton
covers do not present a significant risk of introducing pink bollworm
or other pests of cotton that either do not occur in the United States
or are not widely distributed within the United States.
DATES: Consideration will be given only to comments received on or
before March 31, 1997.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 96-083-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 96-083-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Mr. James Petit de Mange, Staff
Officer, Import-Export Team, PPQ, APHIS, 4700 River Road Unit 140,
Riverdale, MD 20737-1236, (301) 734-6799.
SUPPLEMENTARY INFORMATION:
Background
The regulations for importing cotton (including seed cotton,
cottonseed, cotton lint and linters, cottonseed products, and cotton
waste) and cotton covers into the United States are contained in 7 CFR
319.8 through 319.8-27 (referred to below as the regulations). The
regulations are intended to prevent imported cotton and cotton covers
from introducing into this country pests of cotton that either do not
occur in the United States or are not widely distributed within the
United States.
We are reviewing the regulations, which have not been amended since
1962, to determine whether and how they should be updated.
Currently, Sec. 319.8 of the regulations lists the following as
regulated articles:
(1) Any parts or products of plants of the genus Gossypium,
including seed cotton; cottonseed; cotton lint, linters, and other
forms of cotton fiber (except yarn, thread, and cloth); cottonseed
hulls, cake, meal, and other cottonseed products, except oil; waste;
and any other unmanufactured parts of cotton plants; and
(2) Second-hand burlap and other fabrics, shredded or otherwise,
that have been used for, or are the kinds ordinarily used for,
containing cotton, grains and grain products, field seeds, agricultural
roots, rhizomes, tubers, or other underground crops.
The regulations provide that regulated articles may not be imported
or offered for entry into the United States, except as permitted by the
regulations.
Under the regulations, cottonseed cake and cottonseed meal are
eligible for entry if, upon inspection on arrival, the cottonseed cake
or cottonseed meal is found free from contamination. Cottonseed cake or
meal is considered to be contaminated if it contains cottonseed, or
seed cotton or other material that may carry the pink bollworm, the
golden nematode of potatoes, flag smut disease, or other injurious
plant diseases or insect pests. Lint, linters, and waste are also
eligible for entry without further restriction if an inspector can
determine that they have been so processed by bleaching, dyeing, or
other means as to have removed all cottonseed and destroyed all insect
life. Unprocessed lint, linters, and waste (whether uncompressed,
compressed, or compressed to high density) are generally not eligible
for entry unless they are vacuum fumigated, or consigned to an approved
mill or plant for processing, after arrival in the United States.
Cotton covers, including bags, slit bags, and parts of bags, in most
cases also must be vacuum fumigated or consigned to an approved mill or
plant for processing.
There are special provisions in the regulations for cotton and
cotton products imported into the United States from Mexico. Lint,
linters, and waste from areas of Mexico not considered free of pink
bollworm are eligible for entry if they are vacuum fumigated or
consigned to an approved mill or plant for processing after arrival in
the United States, or if they are moved into the generally infested
pink bollworm regulated area of the United States. If moved into the
generally infested pink bollworm regulated area of the United States,
they are immediately subject to the regulations in 7 CFR 301.52 through
301.52-10, which are intended to prevent the spread of pink bollworm
within the United States. We do not currently recognize any areas of
Mexico as being free of pink bollworm; however, the regulations also
provide that, contingent upon the West Coast of Mexico and Northwest
Mexico being free from infestations of the pink bollworm and other
plant pests of concern, certain regulated articles from those areas are
eligible for entry subject to inspection upon arrival to determine that
they are free from hazardous plant pest conditions.
Through this advance notice of proposed rulemaking, we are
soliciting public comment on whether and how the regulations need to be
changed. In particular, we are seeking information, including technical
data, concerning what mitigation measures, or combinations of
mitigation measures, are appropriate to ensure that imported cotton and
cotton products do not present a significant risk of introducing into
the United States pink bollworm or other pests of cotton that either do
not occur in the United States or are not
[[Page 68674]]
widely distributed within the United States. For example:
Should cotton lint, linters, and waste be eligible for
entry without further restriction if compressed to a density of 22 lbs.
or greater per cubic foot?
Should lint, linters, and waste produced by a saw gin with
saw lint cleaners be eligible for entry without further restriction?
Should we consider mitigation measures other than
fumigation and acid-delinting for imported cottonseed?
Should we allow the commercial importation of seed cotton?
Why or why not? And if we should, under what conditions?
Should cotton products generated from various types of
processing, such as cottonseed hulls, empty bolls for decorative
purposes, cotton comber noils, cotton gin motes, etc., be regulated? If
so, which products should we regulate, what pests should we be
concerned about, and how could the risk be mitigated? If not, why not?
Should cottonseed imported for consignment to an oil
press, feed lot, or other processing at an approved mill or plant be
required to undergo fumigation at the port of entry? Why or why not?
Very few vacuum fumigation facilities exist in the United
States. As a result, the Animal and Plant Health Inspection Service has
allowed cotton to be fumigated at normal atmospheric pressure. Are
there other alternatives to vacuum fumigation, including alternatives
to fumigation, that we should consider? Should we allow fumigation to
be conducted prior to arrival in the United States? Why or why not? And
if we should, under what conditions?
Should we place restrictions on which ports cotton may be
offered for entry into the United States? If cotton is allowed to move
between ports in the United States prior to treatment or processing,
what safeguards should be employed during transit?
Should we restrict the importation of used cotton-picking
equipment and used ginning equipment? If so, why and how?
We are interested in public comment on these questions and on any
other issues related to the regulation of imported cotton, cotton
products, and covers. We will use all the responses we receive to help
us determine whether and how our regulations need to be changed.
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).
Done in Washington, DC, this 19th day of December 1996.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-33127 Filed 12-27-96; 8:45 am]
BILLING CODE 3410-34-P
