[Federal Register Volume 62, Number 88 (Wednesday, May 7, 1997)]
[Proposed Rules]
[Pages 24849-24851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11886]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 319, 321, and 330
[Docket No. 97-010-1]
Foreign Potatoes
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend our regulations concerning imported
plants and plant products to prohibit the importation of potato tubers
from Bermuda and to prohibit the importation of potato plants from
Newfoundland and a portion of Central Saanich, British Columbia,
Canada. These changes appear necessary to prevent the introduction of
foreign potato diseases and insect pests into the United States. We are
also proposing to reorganize and streamline the regulations concerning
the importation of potatoes into the United States. These changes would
remove unnecessary regulations and relieve restrictions that no longer
appear warranted.
DATES: Consideration will be given only to comments received on or
before July 7, 1997.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-010-1, 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. 97-010-1. 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; fax (301)-734-5786; E-mail:
jpdmange@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The regulations concerning the importation of foreign potato tubers
are contained in 7 CFR part 321, Restricted Entry Orders, Subpart--
Foreign Potatoes (referred to below as the Foreign Potatoes
regulations). The Foreign Potatoes regulations allow the importation of
potato tubers from Bermuda and Canada (except for Newfoundland and a
portion of South Saanich, British Columbia) without restriction. The
Foreign Potatoes regulations also contain provisions for importing
potato tubers from other countries that are free of injurious potato
diseases and insect pests that are new to or not widely distributed
throughout the United States. At present there are no countries
considered free of injurious potato diseases and insect pests except
Bermuda and parts of Canada.
The regulations concerning the importation of foreign potato plants
are contained in 7 CFR 319.37 through 319.37-14, Subpart--Nursery
Stock, Plants, Roots, Bulbs, Seeds, and Other Plant Products (referred
to below as the Nursery Stock regulations). The Nursery Stock
regulations prohibit the importation of potato plants from all parts of
the world except Canada.
The regulations concerning the importation of most foreign fruits
and vegetables are contained in 7 CFR 319.56 through 319.56-8,
Subpart--Fruits and Vegetables (referred to below
[[Page 24850]]
as the Fruits and Vegetables regulations). The Fruits and Vegetables
regulations refer readers to the Foreign Potatoes regulations for rules
governing the importation of potatoes.
The Foreign Potatoes, Fruits and Vegetables, and Nursery Stock
regulations are intended to prevent the introduction of foreign plant
diseases and insect pests into the United States.
We are proposing to prohibit the importation of potato plants from
Newfoundland and a portion of Central Saanich, British Columbia;
Canada. As noted above, potato tubers are already prohibited
importation into the United States from Newfoundland and South Saanich,
British Columbia. The reference to South Saanich, British Columbia is
incorrect; the reference should be to Central Saanich and we are
changing ``South Saanich'' to ``Central Saanich'' in this proposed
rule. Potato tubers are prohibited because of potato wart disease in
Newfoundland and golden nematode in a portion of Central Saanich.
Potato wart disease may be carried by both potato plants and potato
tubers. Although golden nematode is associated with tubers, the
Canadian government currently prohibits the movement of both potato
plants and tubers from the affected portion of Central Saanich. This
change would bring our regulations in line with Canada's prohibition
and simplify the regulations. This action would have no impact on trade
because Canada already prohibits the movement of potato plants and
tubers from this portion of Central Saanich and Newfoundland. This
change would be reflected in the Nursery Stock regulations,
Sec. 319.37-2(a), in the list of prohibited articles.
We are also proposing to prohibit the importation of potato tubers
from Bermuda. Because Bermuda's regulations allow for the importation
of seed potatoes from countries other than the United States and
Canada, potato tubers grown in Bermuda could present a pest and disease
risk if imported into the United States. This action will have little,
if any, impact on trade, as there have been no requests to import
potato tubers from Bermuda, no record of shipments of potato tubers
from Bermuda, and Bermuda has no potato tuber production for export.
Further, we are proposing to move the prohibitions on the
importation of potato tubers from Bermuda, parts of Canada
(Newfoundland and a portion of Central Saanich, British Columbia), and
all other parts of the world, from the Foreign Potatoes regulations to
the Nursery Stock regulations (see proposed Sec. 319.37-2(a)). In
conjunction with this change, we propose to remove Restricted Entry
Orders, Subpart--Foreign Potatoes, since the remainder of the
regulatory text appears to be unnecessary. As explained above, the
remainder of this text contains provisions for importing potato tubers
from countries other than Canada or Bermuda. The importation of
potatoes from countries other than Canada or Bermuda is prohibited.
This would consolidate the regulations for importing foreign potatoes
into one place and eliminate provisions that are not being used. We
would amend the Fruits and Vegetables regulations to refer readers to
the Nursery Stock regulations, rather than the Foreign Potatoes
regulations, for rules governing the importation of potatoes.
Miscellaneous
The Federal Plant Pest regulations, contained in 7 CFR part 330,
regulate the movement into the United States, and interstate, of
various materials, including soil, to prevent the dissemination of
plant pests. Section 330.300a contains provisions concerning Canadian
origin soil. The section refers to the Land District of South Saanich
on Vancouver Island of British Columbia. The reference to ``South
Saanich'' is incorrect and should be changed to ``Central Saanich.'' We
are proposing this change in this document.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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 proposed rule would move the prohibitions on importing potato
tubers from part 321 to subpart 319.37, prohibit the importation of
potato tubers from Bermuda, and prohibit the importation of potato
plants from Newfoundland and a portion of Central Saanich, British
Columbia, Canada. These actions are not expected to have any economic
impact. There have been no requests to import potato tubers from
Bermuda, no record of shipments of potato tubers from Bermuda, and
Bermuda has no potato tuber production for export. Canada does not
allow potato tubers or plants to move from Newfoundland or the portion
of Central Saanich that would be covered by our proposed rule due to
the presence of potato wart disease and golden nematode.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed 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
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.
7 CFR Part 321
Imports, Plant diseases and pests, Potatoes, Quarantine, Reporting
and recordkeeping requirements.
7 CFR Part 330
Customs duties and inspection, Imports, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements, Transportation.
Accordingly title 7, Chapter III, would be amended as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 would continue 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. In Sec. 319.37-2 paragraph (a), the table would be amended by
revising the entry for Solanum spp. (potato) to read as follows.
Sec. 319.37-2 Prohibited Articles
(a) * * *
[[Page 24851]]
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Plant pests existing
Prohibited article (includes Foreign places in the places named
seeds only if specifically from which and capable of being
mentioned) prohibited transported with the
prohibited article
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* * * *
* * *
Solanum spp. (potato) (tuber All except Canada Andean potato latent
bearing species only--Section (except virus; Andean potato
Tuberarium), including potato Newfoundland and mottle virus; potato
tubers. that portion of mop top virus;
the Municipality dulcamara mottle
of Central virus; tomato
Saanich in the blackring virus;
Province of tobacco rattle
British Columbia virus; potato virus
east of the West Y (tobacco veinal
Saanich Road. necrosis strain);
potato purple top
wilt agent; potato
marginal flavescence
agent; potato purple
top roll agent;
potato witches broom
agent; stolbur
agent; parastolbur
agent; potato
leaflet stunt agent;
potato spindle tuber
viroid; arracacha
virus B; potato
yellowing virus.
* * * *
* * *
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3. In Sec. 319.56-2, footnote 1 and the reference to it would be
removed, footnote 2 and the reference to it would be redesignated as
footnote 1, and paragraph (c) would be revised to read as follows:
Sec. 319.56-2 Restrictions on entry of fruits and vegetables.
* * * * *
(c) Fruits and vegetables grown in Canada may be imported into the
United States without restriction under this subpart; provided, that
potatoes from Newfoundland and that portion of the Municipality of
Central Saanich in the Province of British Columbia east of the West
Saanich Road are prohibited importation into the United States in
accordance with Sec. 319.37-2 of this part.
* * * * *
PART 321--RESTRICTED ENTRY ORDERS [REMOVED]
Under the authority of 7 U.S.C. 136, 136a, 154, 159, and 162, 7
CFR, Chapter III, would be amended by removing ``Part 321--Restricted
Entry Orders.''
PART 330--FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS;
SOIL, STONE, AND QUARRY PRODUCTS; GARBAGE
4. The authority citation for part 330 would be revised to read as
follows:
Authority: 7 U.S.C. 147a, 150bb, 150dd-150ff, 161, 162, 164a,
450, 2260; 19 U.S.C. 1306; 21 U.S.C. 111, 114a; 136 and 136a; 31
U.S.C. 9701; 42 U.S.C. 4331, 4332; 7 CFR 2.22, 2.80, and 371.2(c).
5. In Sec. 330.300a, the words ``South Saanich'' would be removed
and the words ``Central Saanich'' would be added in their place.
Done in Washington, DC, this 1st day of May 1997.
Donald W. Luchsinger,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-11886 Filed 5-6-97; 8:45 am]
BILLING CODE 3410-34-P
