[Federal Register Volume 63, Number 54 (Friday, March 20, 1998)]
[Rules and Regulations]
[Pages 13482-13485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7330]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 96-082-2]
Bamboo
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are consolidating the regulations pertaining to the
importation of bamboo, contained in ``Subpart--Bamboo Capable of
Propagation,'' and the regulations pertaining to propagative material
in general, contained in ``Subpart--Nursery Stock, Plants, Roots,
Bulbs, Seeds, and Other Plant Products.'' This change will simplify and
clarify our regulations. We are also amending the regulations in
``Subpart--Fruits and Vegetables'' to add provisions allowing fresh
bamboo shoots without leaves or roots to be imported into the United
States from various countries for consumption. This action is based on
assessments that indicate that bamboo shoots without leaves or roots
may be imported into the United States from certain countries without a
significant risk of introducing plant pests.
EFFECTIVE DATE: April 20, 1998.
FOR FURTHER INFORMATION CONTACT: Mr. James Petit de Mange, Staff
Officer, Phytosanitary Issues Management Team, PPQ, APHIS, 4700 River
Road Unit 140, Riverdale, MD 20737-1231, telephone (301) 734-6799; or
e-mail jpdmange@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The regulations at 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 importation into the United States of any variety of bamboo
seed, bamboo plants, and bamboo cuttings capable of propagation,
including all genera and species of the tribe Bambuseae, has been
regulated under ``Subpart-- Bamboo Capable of Propagation,'' contained
in 7 CFR 319.34. Section 319.34(a) provides that all varieties of
bamboo seeds, bamboo plants, and bamboo cuttings capable of propagation
are prohibited importation into the United States unless they are
imported: (1) For experimental or scientific purposes by the United
States Department of Agriculture; (2) for export, or for transportation
and exportation in bond, in accordance with 7 CFR part 352; or (3) into
Guam, in accordance with Sec. 319.37-4(b).
``Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other
Plant Products'' (referred to below as ``Subpart--Nursery Stock''),
contained in 7 CFR 319.37 through 319.37-14, regulates the importation
into the United States of most other propagative plant material.
Regulated articles are designated as either prohibited or restricted.
On September 11, 1997, we published in the Federal Register (62 FR
47770-47772, Docket No. 96-082-1) a proposal to consolidate ``Subpart--
Bamboo Capable of Propagation'' and ``Subpart--Nursery Stock'' by
adding bamboo seed, bamboo plants, and bamboo cuttings capable of
propagation, except those imported into Guam, to the list of prohibited
articles in Sec. 319.37(a). In conjunction with this action, we
proposed to remove ``Subpart--Bamboo Capable of Propagation'' and all
references to Sec. 319.34 contained in part 319.
Under this proposal, bamboo seeds, bamboo plants, and bamboo
cuttings capable of propagation would have continued to be eligible for
importation into Guam as restricted articles. (The term restricted
article is defined in Sec. 319.37-1 of ``Subpart--Nursery Stock'' as
any class of nursery stock or other class of plant, root, bulb, seed,
or other plant product for, or capable of, propagation, excluding any
prohibited articles listed in Sec. 319.37-2 (a) or (b) of ``Subpart--
Nursery Stock,'' and excluding any articles regulated under other
subparts of part 319.)
The importation of bamboo seeds, bamboo plants, and bamboo cuttings
for experimental or scientific purposes by the United States Department
of Agriculture also would not have been affected by this change. In
``Subpart-- Nursery Stock,'' Sec. 319.37-2(c) provides that any article
listed as a prohibited article in Sec. 319.37(a) may be imported for
experimental or scientific purposes by the Department of Agriculture.
In addition, bamboo seeds, bamboo plants, and bamboo cuttings
capable of propagation would have continued to be eligible for movement
through the United States for export, or for transportation and
exportation in bond, in accordance with 7 CFR part 352. The regulations
at 7 CFR part 352, ``Plant Quarantine Safeguard Regulations,'' allow
plants and plant parts that are not eligible for entry into the United
States to move through the United States for export to other countries
under safeguards intended to prevent the introduction of plant pests.
[[Page 13483]]
We also proposed to amend ``Subpart--Fruits and Vegetables,''
contained in Secs. 319.56 through 319.56-8, by adding provisions
allowing fresh bamboo shoots without leaves or roots to be imported
into the United States for consumption from China, the Dominican
Republic, Japan, and Taiwan. We proposed to add bamboo shoots without
leaves or roots to the list of fruits and vegetables in Sec. 319.56-2t
that may be imported from specified countries or places in accordance
with Sec. 319.56-6 and all other applicable provisions of the
regulations. (Section 319.56-6, among other things, provides for
inspection and, if necessary, disinfection of imported fruits and
vegetables at the port of first arrival.) This proposed action was
based on assessments that show that fresh bamboo shoots without leaves
or roots may be imported from the countries listed into the United
States for consumption without presenting a significant pest or plant
disease risk.
We solicited comments concerning our proposal for 60 days ending
November 10, 1997. We received six comments by that date. Two were from
State government officials, and four were from representatives of the
domestic bamboo industry. Five commenters asked that we consider
amending one or more aspects of our proposal. One commenter expressed
disapproval with our proposal. Their concerns are addressed below by
topic.
Removal of the Prohibition on Importing Bamboo Nursery Stock
Comment: The prohibition on the importation of bamboo propagative
material should be removed since our domestic bamboo industry needs
more and better species if it is to become a viable industry. The
present quarantine system is not suited for the growing bamboo
industry, as it performs both the functions of keeping plant pests out,
and keeping industry growth down. The prohibition on the importation of
bamboo seeds and tissue-cultured embryos should be removed as well,
because the pathogens that were the original basis for the regulations
are not carried on the seeds, and therefore, the Animal and Plant
Health Inspection Service should allow their importation along with
shoots.
Response: Any change in the nursery stock regulations that would
eliminate the prohibition on the importation of bamboo would need to be
based on a pest risk assessment for each genus of bamboo to be
imported. At present, we do not have the resources to complete such
pest risk assessments in a timely fashion, as the tribe Bambuseae is
made up of approximately 50-120 different genera. However, anyone
wishing to import a specific genus may submit such a request to the
Phytosanitary Issues Management Team at the address listed above in the
FOR FURTHER INFORMATION CONTACT section of this rule, and we will
conduct a pest risk assessment for that genus. We invite the submission
of any pest risk information, preferably published data, with such a
request to import bamboo.
Propagative Bamboo into Guam
Comment: The importation of bamboo nursery stock into Guam should
be prohibited, since it is prohibited everywhere else in the United
States. At present, there are no bamboo pests on Guam, and by
continuing to allow the importation of bamboo by standard permit, such
bamboo pests or diseases or other plant pests may be brought to Guam.
Response: We have decided to make the change requested in regard to
the prohibition of the importation of bamboo nursery stock into Guam.
Though the regulations currently allow bamboo nursery stock to be
imported into Guam under permit, we have concluded for the reasons
stated in the comment that bamboo nursery stock should not be imported
into Guam unless a pest risk assessment is conducted that documents
that the importation of bamboo nursery stock will not present a
significant risk of introducing plant pests into Guam.
Bamboo Shoots
Comment: Mexico should be added to the list of countries eligible
to export bamboo shoots to the United States.
Response: In order to add Mexico to the list, a pest risk
assessment must be conducted and must indicate that the importation of
bamboo shoots from Mexico will not present a significant risk of
introducing plant pests into the United States. Anyone who is
interested in importing bamboo shoots from Mexico or any other country
for consumption should submit a request to the Phytosanitary Issues
Management Team at the address listed above in the FOR FURTHER
INFORMATION CONTACT section of this rule, and we will conduct a pest
risk assessment on bamboo shoots from that particular country.
Comment: Bamboo shoots can and might be used for propagation, and
thus may introduce new plant pests to the United States.
Response: We are adding edible bamboo shoots without leaves or
roots to the list of acceptable imports in Sec. 319.56-2t, which deals
with nonpropagative material. We acknowledge that it is possible to
propagate a plant from bamboo shoots, but bamboo shoots are allowed
importation under Sec. 319.56-2t for consumption only. We currently
require prospective importers to state the purpose of their
importation(s) on their application for an import permit. In this case,
a permit is issued only for bamboo shoots that are without leaves or
roots and that are intended for human consumption. If we have reason to
believe that bamboo shoots are being imported for the purpose of
planting, we have the authority to investigate and take enforcement
action, which could include the revocation of an importer's permit,
denial of future permits, and seizure of the propagated bamboo, as well
as civil or criminal penalties. We do not believe, however, that
propagation of shoots imported for consumption is likely, due to the
fragile nature and decreased viability of imported bamboo shoots. It is
our understanding that propagative bamboo plants that are imported
under special scientific permits have limited survival rates even
though such plants are packed and shipped individually with great care.
When contrasted with packing and shipping procedures for bulk
quantities of fresh bamboo shoots imported for consumption, it is clear
that such shoots have a very limited potential to propagate themselves,
even if planted. Under these circumstances, we continue to believe that
the proposed importation of bamboo shoots for consumption would present
a negligible pest risk and are, therefore, making no change in the rule
in response to this comment.
Comment: The importation of bamboo shoots will hurt U.S. growers'
business.
Response: We anticipate that less than 200 metric tons of fresh
bamboo shoots will be imported into the United States under this rule.
Data on imported bamboo shoots in general suggests that fresh bamboo
shoots occupy a minimal part of the overall market for bamboo shoots in
general (less than one percent of the overall market). In 1995, 8,632
metric tons of frozen bamboo shoots and 29,824 metric tons of canned
bamboo shoots were imported into the United States. Though we could not
determine the amount of domestic production of fresh bamboo shoots, we
anticipate that, given the quantity of expected imports (200 metric
tons) relative to the overall size of the market for imported bamboo
shoots in general (over 38,000 metric tons), a large economic impact on
the domestic industry is unlikely.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the
[[Page 13484]]
provisions of the proposal as a final rule, with the change 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.
In accordance with 5 U.S.C. 604, we have performed a Final
Regulatory Flexibility Analysis, which is set out below, regarding the
impact of this final rule on small entities.
Under the Plant Quarantine Act and the Federal Plant Pest Act (7
U.S.C. 150dd, 150ee, 150ff, 151-167), the Secretary of Agriculture is
authorized to regulate the importation of fruits and vegetables to
prevent the introduction of injurious plant pests.
This rule consolidates the regulations pertaining to the
importation of bamboo, contained in ``Subpart--Bamboo Capable of
Propagation,'' and the regulations pertaining to propagative material
in general, contained in ``Subpart--Nursery Stock, Plants, Roots,
Bulbs, Seeds, and Other Plant Products.'' This change is
nonsubstantive, and will simplify and clarify our regulations.
This rule also amends the regulations in ``Subpart--Fruits and
Vegetables'' by adding provisions that allow fresh bamboo shoots
without leaves or roots to be imported into the United States from
certain countries.
One commenter on the proposed rule expressed concern that the
importation of fresh bamboo shoots would have a negative impact on
domestic producers of bamboo shoots.
It is estimated that less than 200 metric tons of fresh bamboo
shoots will be imported into the United States as a result of this
rule. This is compared to imports of 8,632 metric tons of frozen bamboo
shoots and imports of 29,824 metric tons of canned bamboo shoots in
1995. While we could not determine the amount of domestic production of
fresh bamboo shoots, we anticipate that the imports would supply part
of an expanding demand for fresh, rather than frozen or canned, bamboo
shoots.
The additional information necessary to determine the impacts on
U.S. growers, including estimates of domestic production, is not
available. It is possible that this rule could lead to price effects
that could affect producers. Although bamboo shoot growers do not
constitute a separate category for classification of small entities by
the Small Business Administration, it is likely that the majority of
these growers would be considered small. Therefore, any economic
impacts of this rule would affect small entities. However, given the
quantity of expected imports of fresh bamboo shoots relative to the
overall size of the market for imported bamboo shoots in general (over
38,000 metric tons), a large economic impact is unlikely.
Several alternatives to this rule were suggested in public comments
on our proposed rule. Two commenters suggested that we remove the
prohibition on the importation of bamboo nursery stock so as to
facilitate the growing industry in its search for a better crop base.
We did not adopt this alternative, based on a lack of scientific pest
risk data on bamboo nursery stock. We also did not adopt another
proposal to include Mexico on the list of regions we will import fresh
bamboo shoots from, based on a similar lack of available data at this
time. We did adopt a change suggested by two commenters from Guam who
felt that Guam also should be subject to the same prohibition on the
importation of bamboo nursery stock as the rest of the United States.
A final alternative to this rule was to make no changes in the
regulations. However, we have done pest risk assessments which indicate
that bamboo shoots without leaves or roots may be imported into the
United States from certain countries without a significant risk of
introducing plant pests. Further, we lack the pest risk assessment data
needed to demonstrate that there is no significant pest risk associated
with the importation of bamboo nursery stock into Guam. Therefore, we
have adopted the provisions concerning bamboo shoots, as proposed, and
the new provisions concerning bamboo nursery stock into Guam, as
suggested by public comment.
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.).
Regulatory Reform
This action is part of the President's Regulatory Reform
Initiative, which, among other things, directs agencies to remove
obsolete and unnecessary regulations and to find less burdensome ways
to achieve regulatory goals.
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 record keeping 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).
Subpart--Bamboo Capable of Propagation [Removed]
2. Subpart--Bamboo Capable of Propagation, consisting of
Sec. 319.34, is removed.
Sec. 319.37-1 [Amended]
3. In Sec. 319.37-1, the definition for Restricted article is
amended by removing the reference to ``319.34'' and adding ``319.24''
in its place.
Sec. 319.37-2 [Amended]
4. In Sec. 319.37-2(a), the table is amended as follows:
a. By adding, in alphabetical order, an entry for ``Bambuseae,'' to
read as set forth below.
b. By amending the entry for ``Poaceae'' by revising the text in
the first column, to read as set forth below.
Sec. 319.37-2 Prohibited Articles
(a) * * *
[[Page 13485]]
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Plant pests
existing in the
places named and
Prohibited article (includes seeds Foreign places from which prohibited capable of being
only if specifically mentioned) transported with
the prohibited
article
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* * * * * *
*
Bambuseae (seeds, plants, and All..................................................... Various plant
cuttings). diseases,
Including bamboo
smut (Ustilago
shiraiana)
* * * * * *
*
Poaceae (vegetative parts of all * * * * * *
grains and grasses, except species
of Bambuseae).
* * * * * *
*
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* * * * *
Sec. 319.40-2 [Amended]
5. In Sec. 319.40-2, paragraph (c) is amended by removing the words
``; Sec. 319.34, ``Subpart--Bamboo Capable of Propagation'';'' and by
adding in their place a comma immediately after the word ``Diseases''.
6. In Sec. 319.56-2t, the table is amended by adding entries, in
alphabetical order, to read as follows:
Sec. 319.56-2t Administrative instructions; conditions governing the
entry of certain fruits and vegetables.
* * * * *
----------------------------------------------------------------------------------------------------------------
Country/locality Common name Botanical name Plant part(s)
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* * * * * *
China................................ Bamboo................. Bambuseae spp.......... Edible shoot, free of
leaves and roots.
* * * * * *
*
Dominican Republic................... Bamboo................. Bambuseae spp.......... Edible shoot, free of
leaves and roots.
* * * * * *
*
Japan................................ Bamboo................. Bambuseae spp.......... Edible shoot, free of
leaves and roots.
* * * * * *
*
Taiwan............................... Bamboo................. Bambuseae spp.......... Edible shoot, free of
leaves and roots.
* * * * * *
*
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* * * * *
Done in Washington, DC, this 16th day of March 1998.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-7330 Filed 3-19-98; 8:45 am]
BILLING CODE 3410-34-P
