95-3843. True Potato Seed From Chile  

  • [Federal Register Volume 60, Number 32 (Thursday, February 16, 1995)]
    [Rules and Regulations]
    [Pages 8921-8924]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-3843]
    
    
    
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    Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / 
    Rules and Regulations
    [[Page 8921]]
    
    DEPARTMENT OF AGRICULTURE
    
    Animal and Plant Health Inspection Service
    
    7 CFR Part 319
    
    [Docket No. 94-042-2]
    
    
    True Potato Seed From Chile
    
    AGENCY: Animal and Plant Health Inspection Service, USDA.
    
    ACTION: Final rule.
    
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    SUMMARY: We are allowing, under certain conditions, the importation of 
    true potato seed from Chile. The true potato seed imported from Chile 
    under this rule will originate from certified virus-free plantlets from 
    the United States, be produced under the supervision of Chilean plant 
    protection authorities, and be tested for seedborne viruses prior to 
    being offered for entry into the United States. Allowing the 
    importation of true potato seed from Chile will give potato producers 
    in the United States another means of producing disease-free tubers.
    
    EFFECTIVE DATE: March 20, 1995.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Peter M. Grosser or Mr. Frank E. 
    Cooper, Senior Operations Officers, Port Operations, Plant Protection 
    and Quarantine, APHIS, USDA, P.O. Drawer 810, Riverdale, MD 20738. The 
    telephone number for the agency contact will change when agency offices 
    in Hyattsville, MD, move to Riverdale, MD, during February. Telephone: 
    (301) 436-6799 (Hyattsville); (301) 734-6799 (Riverdale).
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The regulations in 7 CFR part 319 prohibit or restrict the 
    importation into the United States of certain plants and plant products 
    to prevent the introduction of plant pests. The regulations contained 
    in ``Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other 
    Plant Products,'' Secs. 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.
        One of the articles restricted in the regulations is Solanum 
    species (spp.) true seed, also known as true potato seed. ``Solanum 
    spp. true seed'' is defined in Sec. 319.37-1 as ``seed produced by 
    flowers of Solanum capable of germinating and producing new Solanum 
    plants, as distinguished from Solanum tubers, whole or cut, that are 
    referred to as Solanum seeds or seed potatoes.''
        On September 9, 1994, we published in the Federal Register (59 FR 
    46572-46574, Docket No. 94-042-1) a proposed rule to allow, under 
    certain conditions, the importation of true potato seed from Chile. We 
    proposed that the true potato seed imported from Chile would have to 
    originate from certified virus-free plantlets from the United States, 
    be produced in the country's Tenth (X) Region under the supervision of 
    Chilean plant protection authorities, and be tested for seedborne 
    viruses prior to being offered for entry into the United States.
        We solicited comments concerning our proposal for a 30-day comment 
    period ending October 11, 1994. We received 31 comments by that date, 
    from State universities and university extension services; plant 
    researchers and geneticists; potato breeders, growers, and marketers; 
    State agriculture departments; seed companies; an agronomist; a member 
    of the U.S. House of Representatives; and the Chilean government trade 
    bureau. Twenty one of the commenters supported the proposed rule as 
    written, 8 commenters supported the proposed rule but suggested 
    changes, and 2 commenters were opposed to the proposed rule. The 
    suggested changes and the comments of those opposed to the proposal are 
    discussed below.
        Comment: Although the disease is already present in the United 
    States, the regulations should include safeguards to prevent the 
    introduction of potato spindle tuber viroid (PSTV), which is 
    transmitted by true potato seed.
        Response: As discussed in the proposed rule, the plants that would 
    produce the true potato seed would originate from plantlets from the 
    United States that have been tested for viruses (including PSTV) and 
    certified virus-free. Additionally, PSTV is not known to exist in the X 
    Region, and, because the X Region is a quarantined area for potatoes, 
    the entry of potato seeds, true seed, plants, and tubers is restricted 
    in order to prevent the introduction of PSTV and other potato pests or 
    diseases. Therefore, we believe that it is unlikely that the true 
    potato seed would introduce PSTV into the United States and have made 
    no changes in this final rule as a result of that comment.
        Comment: The growing season inspection discussed in the proposed 
    rule should be conducted within six weeks of harvest to maximize the 
    ability to detect infected plant material. Surveys conducted earlier in 
    the growing season might not detect infected plants.
        Response: Diseases with visible symptoms would likely be more 
    easily recognized later in the growing season, but the viruses for 
    which the plants, tubers, and true potato seed will be tested may be 
    asymptomatic in potatoes. The testing protocol presented by Chile's 
    ministry of agriculture, the Servicio Agricola y Ganadero (SAG), and 
    accepted by the Animal and Plant Health Inspection Service (APHIS) 
    calls for plant samples to be collected for testing between 30 days 
    after planting up to the flowering phase. APHIS agrees with that time 
    frame because we believe that the most accurate testing results would 
    be obtained from samples gathered during the active phase of the 
    plants' growth. We have, therefore, made no changes in this final rule 
    as a result of that comment.
        Comment: Our literature indicates that potato smut occurs in parts 
    of Chile. If that disease is present in the X Region, it could be 
    carried with the true potato seed as a contaminant.
        Response: Potato smut is not reported to occur in the X Region and, 
    as mentioned above, there are quarantine measures in place to prevent 
    its introduction into the region. Because we believe that it is 
    unlikely that potato smut would be carried into the United States as a 
    contaminant on the true potato seed from Chile, we have made no changes 
    in this final rule based on that comment. [[Page 8922]] 
        Comment: For the sake of clarity, APHIS should specify ``Solanum 
    tuberosum,'' rather than the more general ``Solanum spp.,'' when 
    referring to the potato species from which the true potato seed may be 
    derived.
        Response: We agree that using ``Solanum tuberosum'' instead of the 
    more general ``Solanum spp.'' would be clearer. We have, therefore, 
    changed the regulatory text of this final rule to refer to the potato 
    species from which the true potato seed may be derived as ``Solanum 
    tuberosum.''
        Comment: Specifically requiring that the nitro-cellulose membrane 
    (NCM) enzyme-linked immunosorbent assay (ELISA) be used to test for the 
    viruses of concern leaves no room for the use of other tests that are 
    also recommended by the International Potato Center. Other ELISA tests, 
    as well as the nucleic acid spot hybridization (NASH) non-reagent test, 
    should be allowed.
        Response: In the testing protocol presented by SAG and accepted by 
    APHIS, the NCM ELISA test was specified as the method that would be 
    used to test for the viruses of concern. We recognize, however, that 
    the other tests recommended by the International Potato Center are 
    equally accurate and could be used to test for the viruses of concern 
    without compromising the integrity of the testing program in any way. 
    Therefore, we have changed the regulatory text of this final rule to 
    allow the use of other ELISA tests and the NASH non-reagent test for 
    the purposes of testing the tubers, plants, and true potato seed for 
    the viruses of concern.
        Comment: With regard to the sample sizes specified in proposed 
    paragraph Sec. 319.37-5(h)(iii), the sampling rate should be 500 tubers 
    and 500 plantlets per hectare (2.5 acres) rather than per 30 acres in 
    order to detect 1 percent contamination with a 99 percent confidence 
    level. The sampling level for the true potato seed should be made 
    according to International Potato Center's guidelines for laboratory 
    tests.
        Response: The 500/500/500 sampling rate discussed in the proposed 
    rule for the testing of plants, tubers, and true potato seed actually 
    should, as pointed out by the commenter, be 500/500/500 per hectare, 
    and not per 30-acre field as stated in the proposed rule. We have 
    changed the regulatory text in this final rule to correct that error. 
    With regard to the sampling to the true potato seed, the testing 
    protocol presented by SAG and accepted by APHIS dictated that the true 
    potato seed would be sampled at the same rate as the plants and tubers 
    in order to detect 1 percent contamination with a 99 percent confidence 
    level. It is the contamination level/confidence level equation that is 
    of the greatest importance to APHIS; if SAG would prefer to establish a 
    different sampling procedure for true potato seed that could detect the 
    same level of contamination with the same level of confidence, APHIS is 
    willing to review the new sampling procedure and, if warranted, publish 
    a proposal in the Federal Register to add the procedure to the 
    regulations.
        Comment: APHIS should recognize Chile's VIII and IX regions as also 
    being free from the four viruses of concern and allow the importation 
    of true potato seed from those regions as well. Once such recognition 
    has been established, APHIS should allow the use of parental material 
    from those regions to produce the true potato seed and eliminate the 
    requirement for the pre-export inspection and testing of true potato 
    seed from the VIII, IX, and X regions of Chile.
        Response: APHIS is open to working with SAG to expand the range of 
    areas in Chile from which true potato seed may be imported into the 
    United States; similarly, we are open to relaxing or eliminating 
    inspection or testing requirements as circumstances warrant. However, 
    we must first be able to establish that such actions would not result 
    in an increased risk of plant pest introduction or dissemination in the 
    United States. Once adequate protocols had been established and agreed 
    upon, we could publish a proposal in the Federal Register to add any 
    new areas or inspection requirements to the regulations. We cannot, 
    however, make any such changes in this final rule.
        Comment: The proposed requirement to test at three levels 
    (plantlet, tuber, and true potato seed) for Andean Potato Latent Virus 
    (APLV), Arracacha Virus B (AVB), and the Andean Potato Calico Strain of 
    Tobacco Ringspot Virus (TRV-Ca) is unnecessarily stringent because 
    there is no evidence to confirm that any of the three viruses can be 
    transmitted by true potato seed under natural conditions. Additionally, 
    the International Potato Center has analyzed true potato seed from the 
    Peruvian Andean area--where AVB and TRV-Ca have been found to exist--
    and from the Center's own germplasm stock for a continued term of 8 
    years and has never found any of the three viruses in the true potato 
    seed tested.
        Response: The testing protocol presented by SAG and accepted by 
    APHIS prescribed that plants, tubers, and true potato seed would all be 
    tested for the viruses of concern. If alternative testing protocols are 
    presented by SAG, and APHIS determines that they would not result in an 
    increased risk of plant pest introduction or dissemination in the 
    United States, we could publish a proposal in the Federal Register to 
    relax or replace the requirement to test all three levels (plants, 
    tubers, and true potato seed) for all viruses of concern.
        Comment: The proposed criteria of sampling to detect 1 percent 
    contamination at a 99 percent confidence level is not adequate for 
    quarantine purposes. Zero tolerance is the desired goal of quarantine, 
    and anything less creates an unacceptable level of risk that is not in 
    the best interest of the potato industry. Under ideal conditions, most 
    quarantines only delay the spread of regulated pests. The potato 
    industry does not need to face the threat of diseases not currently in 
    the United States.
        Response: If ``zero tolerance'' for pest risk was the standard 
    applied to international trade in agricultural commodities, it is quite 
    likely that no country would ever be able to export a commodity to any 
    other country. There will always be some degree of pest risk associated 
    with the movement of agricultural products; APHIS' goal is to reduce 
    that risk to an insignificant level. In the case of true potato seed 
    from Chile, we believe factors such as the low incidence of disease 
    transmission by seeds and the absence of potato viruses in the seed 
    production area, as well as the origin, certification, and testing 
    requirements contained in this final rule, reduce the pest risk 
    associated with its importation to an acceptable level.
        Comment: The proposed rule contains a requirement for SAG to 
    provide certain phytosanitary certifications. Before further 
    consideration is given to the proposal, a formal review of the SAG's 
    phytosanitary certification program should be conducted by U.S. 
    officials to determine whether SAG can in fact provide reliable and 
    credible certification.
        Response: APHIS has a longstanding working relationship with SAG, 
    and we are fully confident in their ability to provide reliable and 
    credible phytosanitary certification for Chile's agriculture products, 
    including true potato seed.
        Comment: Potato producers in the United States do not need another 
    means of producing disease-free tubers, especially if that means would 
    not provide a genetically pure potato variety. True potato seed is 
    already produced in the United States and is available to domestic 
    potato research personnel and the seed potato industry. If there is a 
    need for additional true potato seed, it could be produced in the 
    United States. [[Page 8923]] 
        Response: Whether the domestic potato industry will buy and use the 
    true potato seed imported from Chile will be the decision of the 
    domestic potato industry. APHIS is concerned with plant pest risk; 
    marketing risks would be the concern of the true potato seed's 
    producers, exporters, and importers.
        Comment: The economic well-being of pre-nuclear seed potato 
    producers and their associated industries may be jeopardized by 
    allowing cheaper foreign material to enter the market.
        Response: As discussed in the Regulatory Flexibility analysis in 
    the proposed rule and in this final rule, we expect that it will take 
    several years before true potato seed imported into the United States 
    from Chile and its products will be in a position to capture any 
    significant market share. Thus, its potential impact on price and 
    competition in the potato seed market remains uncertain. If consumer 
    response is favorable and true potato seed imported from Chile becomes 
    competitive with the seed potatoes currently available in the United 
    States, the price of seed potatoes may be driven down. However, because 
    U.S. seed potato prices are influenced more by domestic production and 
    market conditions than by imports, it is likely that any economic 
    impact on domestic seed potato producers will be small.
    
    Addition of New Virus
    
        In addition to the comments discussed above, a representative of 
    the Food Production and Inspection Branch of Agriculture and Agri-Food 
    Canada informed APHIS of recent research that indicated the presence of 
    Potato Yellowing Virus (PYV) in Chile. Because PYV can be transmitted 
    through true potato seed, SAG informed APHIS that it will include PYV 
    testing in its pre-export virus testing. Therefore, we have added PYV 
    as a virus of concern in the listings for Solanum spp. and Solanum spp. 
    true seed in Sec. 319.37-2(a), and we have added PYV to the list in 
    Sec. 319.37-5(o)(3) of viruses for which the samples of Solanum 
    tuberosum tubers, plants, and true seed must be tested.
    
    Miscellaneous
    
        In addition to those changes discussed above, we have also made two 
    nonsubstantive changes to the paragraph designations in Sec. 319.37-5. 
    First, the regulatory text that we had proposed to add to the section 
    as paragraph Sec. 319.37-5(h) are added in this final rule as paragraph 
    Sec. 319.37-5(o). Second, the subordinate paragraphs in that same 
    paragraph were incorrectly designated in the proposed rule as (i), 
    (ii), and (iii); they are now correctly designated as (1), (2), and 
    (3).
        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 above.
    
    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 the purposes of Executive 
    Order 12866 and, therefore, has not been reviewed by the Office of 
    Management and Budget.
        This rule will allow, under certain conditions, the importation of 
    true potato seed from Chile. True potato seed imported from Chile under 
    this rule will originate from certified virus-free plantlets from the 
    United States, will be grown under the supervision of Chilean plant 
    protection authorities, and a sample of the plants, tubers, and true 
    potato seeds will be tested for seedborne viruses prior to the true 
    potato seed being offered for entry into the United States. Allowing 
    the importation of true potato seed from Chile will give potato 
    producers in the United States another means of producing disease-free 
    tubers.
        The United States produced approximately 2,880 million pounds of 
    seed potatoes in 1992 (U.S. Department of Agriculture [USDA], Economic 
    Research Service). During that same period, the United States imported 
    approximately 128 million pounds of seed potatoes, which represents 
    about 4.4 percent of U.S. production. Because imports represent such a 
    small portion of the domestic seed potato supply, fluctuations in 
    import levels and prices do not appear to have a significant effect on 
    domestic seed potato prices.
        For example, U.S. imports of seed potatoes declined by more than a 
    third between 1990 and 1992, dropping from 201 million pounds in 1990 
    to 128 million pounds in 1992. This decline in imports did not, 
    however, result in an increase in U.S. grower or retail prices for seed 
    potatoes. In fact, the price of imported seed potatoes also fell by 
    more than a third during that time, dropping from $11 per 100 pounds in 
    1990 to $7 per 100 pounds in 1992 (USDA, ``Agricultural Statistics 
    1992,'' Table 371, page 239). Based on the decline in both import 
    levels and price during the same 2-year period, it appears that 
    domestic seed potato prices are influenced more by the volume of U.S. 
    production.
        The import levels and prices discussed above do not reflect any 
    imports of true potato seed from anywhere in the world, nor is there 
    any record of true potato seed being imported into the United States. 
    Our records indicate that true potato seed is a product that has not 
    been commercially available in the United States. We expect that it 
    will take several years before true potato seed imported into the 
    United States from Chile and its products will be in a position to 
    capture any significant market share. Thus, its potential impact on 
    price and competition in the potato seed market remains uncertain.
        We have identified domestic seed potato producers and seed potato 
    importers as the entities potentially affected by this rule. According 
    to the Small Business Administration's criteria, an agricultural 
    producer with annual sales of less than $500,000 is considered to be a 
    small entity; an importer is considered to be a small entity if it 
    employs fewer than 100 people. According to the U.S. Department of 
    Commerce's ``1987 Census of Agriculture,'' there were about 14,732 
    farms that produced potatoes in the United States, and about 96 percent 
    of those farms reported sales of less than $100,000. The exact 
    percentage of those farms that produced only seed potatoes or a 
    combination of seed potatoes and table potatoes is not known, but it is 
    likely that the number is small, based on the total production of seed 
    potatoes versus table potatoes (2,880 million pounds vs. 42,500 million 
    pounds, respectively).
        Information regarding the total number of seed potato importers and 
    the percentage of those importers that would be considered small 
    entities was unavailable. It is unlikely, however, that allowing the 
    importation of true potato seed from Chile will have a significant 
    impact on seed potato import levels. The true potato seed imported from 
    Chile may be used by potato producers in the United States to produce 
    potatoes of a different variety than those potatoes currently grown in 
    the United States; the economic impact of the imported true potato seed 
    will thus be affected by consumer response to the new variety of 
    potatoes. If consumer response is favorable and true potato seed 
    imported from Chile becomes competitive with the seed potatoes 
    currently available in the United States, the price of seed potatoes 
    may be driven down. However, because U.S. seed potato prices are 
    influenced more by domestic production and market conditions than by 
    imports, it is likely that any economic impact on domestic seed potato 
    producers will be small. Any slight negative impact will likely be 
    offset by the positive impact on [[Page 8924]] domestic potato 
    producers, who will benefit from lower seed potato prices, and 
    consumers will benefit from any resulting lower prices.
        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 will allow true seed of Solanum spp. to be 
    imported into the United States from Chile. State and local laws and 
    regulations regarding true seed imported under this rule will be 
    preempted while the true seed is in foreign commerce. Seeds are 
    generally imported for immediate distribution and sale to the public, 
    and remain in foreign commerce until sold to the ultimate consumer. The 
    question of when foreign commerce ceases in other cases must be 
    addressed on a case-by-case basis. This rule has no retroactive effect 
    and does not require administrative proceedings before parties may file 
    suit in court.
    
    Paperwork Reduction Act
    
        In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
    3501 et seq.), the information collection or recordkeeping requirements 
    included in this rule have been approved by the Office of Management 
    and Budget (OMB), and there are no new requirements. The assigned OMB 
    control number is 0579-0049.
    
    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, and 450; 21 
    U.S.C. 136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).
    
    
    Sec. 319.37-2  [Amended]
    
        2. In Sec. 319.37-2(a), in the table, the listing for Solanum spp. 
    is amended in the third column by adding the words ``; Arracacha Virus 
    B; Potato Yellowing Virus'' at the end of the entry, immediately before 
    the period.
        3. In Sec. 319.37-2(a), in the table, the listing for Solanum spp. 
    true seed is amended in the second column by removing the words 
    ``Canada and New Zealand'' and adding the words ``Canada, New Zealand, 
    and the X Region of Chile (that area of Chile between 39 deg. and 
    44 deg. South latitude--see Sec. 319.37-5(o))'' in their place, and in 
    the third column by adding the words ``, Arracacha Virus B, Potato 
    Yellowing Virus'' at the end of the entry, immediately before the 
    period.
        4. In Sec. 319.37-3, paragraph (a)(3) is amended by removing the 
    words ``true seed of Solanum spp. (tuber bearing species only--Section 
    Tuberarium) from New Zealand;'', and a new paragraph (a)(17) is added 
    to read as set forth below:
    
    
    Sec. 319.37-3  Permits.
    
        (a) * * *
        (17) 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. 319.37-5(o)).
    * * * * *
        5. In Sec. 319.37-5, a new paragraph (o) is added to read as 
    follows:
    
    
    Sec. 319.37-5  Special foreign inspection and certification 
    requirements.
    
    * * * * *
        (o) Any Solanum tuberosum true seed imported from Chile shall, at 
    the time of arrival at the port of first arrival in the United States, 
    be accompanied by a phytosanitary certificate of inspection issued in 
    Chile by the Servicio Agricola y Ganadero (SAG), containing additional 
    declarations that:
        (1) The Solanum spp. true seed was produced by Solanum plants that 
    were propagated from plantlets from the United States;
        (2) The Solanum plants that produced the Solanum tuberosum true 
    seed were grown in the Tenth (X) Region of Chile (that area of the 
    country between 39 deg. and 44 deg. South latitude); and
        (3) Solanum tuberosum tubers, plants, and true seed from each field 
    in which the Solanum plants that produced the Solanum tuberosum true 
    seed were grown have been sampled by SAG once per growing season at a 
    rate to detect 1 percent contamination with a 99 percent confidence 
    level (500 tubers/500 plants/500 true seeds per 1 hectare/2.5 acres), 
    and that the samples have been analyzed by SAG using an enzyme-linked 
    immunosorbent assay (ELISA) test or nucleic acid spot hybridization 
    (NASH) non-reagent test, with negative results, for Andean Potato 
    Latent Virus, Arracacha Virus B, Potato Virus T, the Andean Potato 
    Calico Strain of Tobacco Ringspot Virus, and Potato Yellowing Virus.
    
    (Approved by the Office of Management and Budget under control 
    number 0579-0049)
    
        Done in Washington, DC, this 9th day of February 1995.
    Lonnie J. King,
    Acting Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 95-3843 Filed 2-15-95; 8:45 am]
    BILLING CODE 3410-34-P
    
    

Document Information

Effective Date:
3/20/1995
Published:
02/16/1995
Department:
Animal and Plant Health Inspection Service
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-3843
Dates:
March 20, 1995.
Pages:
8921-8924 (4 pages)
Docket Numbers:
Docket No. 94-042-2
PDF File:
95-3843.pdf
CFR: (5)
7 CFR 319.37-5(o)(3)
7 CFR 319.37-5(o)
7 CFR 319.37-2
7 CFR 319.37-3
7 CFR 319.37-5