[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Rules and Regulations]
[Pages 50229-50231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25486]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 /
Rules and Regulations
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 95-082-2]
Importation of Cut Flowers
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the cut flower regulations by eliminating the
import permit and notice of arrival requirements for imported cut
flowers of camellia, gardenia, rhododendron, rose, and lilac. This
action eliminates an unnecessary regulatory burden. The import permit
and notice of arrival requirements were used to provide information
about shipments. However, much of this information is available on
cargo manifests. This action will not increase the risk of imported cut
flowers introducing exotic plant pests into the United States, since
all cut flowers, including cut flowers of camellia, gardenia,
rhododendron, rose, and lilac, are routinely inspected upon arrival in
the United States and, if necessary, fumigated.
EFFECTIVE DATE: September 25, 1997.
FOR FURTHER INFORMATION CONTACT: Mr. Peter M. Grosser, Senior Staff
Officer, Port Operations, PPQ, APHIS, 4700 River Road, Unit 139,
Riverdale, MD 20737-1236, (301) 734-8891.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 319.74 through 319.74-7 (referred to
below as ``the regulations'') govern the importation of certain cut
flowers into the United States. These regulations, among other things,
require that all cut flowers imported into the United States be
inspected for injurious plant pests and, if necessary, fumigated.
Sections 319.74-2a, 319.74-4, and 319.74-5 of the regulations also
require that persons wishing to import cut flowers of camellia
(Camellia spp.), gardenia (Gardenia spp.), rhododendron (Rhododendron
spp. [including Azalea]), rose (Rosa spp.), and lilac (Syringa spp.)
into the United States apply for and receive a permit for importation,
and that a notice of arrival be submitted to the Collector of Customs
immediately after a shipment of these cut flowers arrives in the United
States. The regulations do not require an import permit or notice of
arrival for any other types of cut flowers.
On August 2, 1996, we published in the Federal Register (61 FR
40362-40364, Docket No. 95-082-1) a proposal to amend the regulations
by eliminating the import permit and notice of arrival requirements for
imported cut flowers of camellia, gardenia, rhododendron, rose, and
lilac. Because cut flowers of camellia, gardenia, rhododendron, rose,
and lilac are the only types of cut flowers for which we have required
an import permit or notice of arrival, we also proposed to remove all
references to import permit and notice of arrival requirements from the
regulations. In addition, we proposed to eliminate a provision allowing
the Deputy Administrator of Plant Protection and Quarantine to deny
certain importations of cut flowers into a State, Territory, or
District of the United States by refusal of an import permit or by
other means.
We solicited comments concerning our proposal for 30 days ending
September 3, 1996. We received four comments by that date. They were
from industry representatives. The comments are discussed below.
Pest Risk
All of the commenters expressed concern that the proposed removal
of the import permit and notice of arrival requirements would result in
an increased plant pest risk associated with imported cut flowers of
camellia, gardenia, rhododendron, rose, and lilac.
We do not believe that eliminating the import permit and
notification requirements for cut flowers of camellia, gardenia,
rhododendron, rose, and lilac will increase the risk of plant pest
introduction into the United States. The import permit and notice of
arrival requirements for cut flowers of camellia, gardenia,
rhododendron, rose, and lilac were only used to collect information,
such as country of origin, names and addresses of the shipper and
consignee, and expected arrival date, about a shipment of these types
of imported cut flowers. However, much of this information is available
on a conveyance's cargo manifest. We do not expect that the elimination
of these requirements will increase the volume of imported cut flowers,
or pests in cut flower imports, entering the United States. Our
inspection, not the import permit or notice of arrival, helps prevent
the introduction of plant pests into the United States by determining
the condition of a shipment of imported cut flowers. If an inspector
determines that a shipment of cut flowers is infested with pests of
concern, that shipment is fumigated, destroyed, or re-exported to help
prevent the introduction of exotic plant pests into the United States.
This rule does not affect our inspection procedures. Therefore, we are
making no changes in response to this comment.
Budget
One commenter expressed concern that if the import permit and
notice of arrival requirements for camellia, gardenia, rhododendron,
rose, and lilac are eliminated, cut flowers will enter the United
States in such great numbers at so many different ports of entry that
APHIS will not have the funds to keep ports staffed with experienced
inspectors of cut flowers.
We do not anticipate that this action will increase the number of
imported cut flowers entering the United States because the import
permit and notice of arrival requirements are information collection
requirements only; they do not affect the number of importations or the
manner of inspection of imported cut flowers upon arrival in the United
States. APHIS has adequate personnel at all ports that may receive
imported cut flowers to ensure that thorough inspections of shipments
are performed and regulatory requirements are met. Cut flowers already
enter the United States in large numbers through more than 50
international ports of entry. Staffing levels at these international
ports, and at domestic ports of entry, have increased to accommodate
inspections of rising levels of plant product imports into the United
States. In terms of budget issues related to
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staffing levels, user fees cover all Agriculture Quarantine Inspection
activities, including the inspections of cut flowers entering the
United States.
Propagation of Roses
One commenter noted that cut flowers of roses are easily
propagated. The commenter felt that if the import permit and notice of
arrival requirements for roses were eliminated, a pathway to circumvent
requirements for postentry quarantine of propagative material would be
made more readily available. The commenter remarked that current import
permit requirements at least make the importer accountable for the
ultimate disposition of the shipment.
An import permit is not signed by the permittee; therefore, the
permittee has not made any agreement with APHIS as to the ultimate
disposition of a shipment. The elimination of the permit requirement
does not lessen the importer's duty to comply with other regulatory
requirements on disposition. If a shipment of cut flowers is imported
into the United States, it must be imported in accordance with the
regulations.
Cut flowers are imported into the United States as consumption
products to be used or sold for decorative purposes. Cut flowers are
not imported for propagation. A very limited number of consumers may
try to propagate cut flowers, but we regulate the importation of cut
flowers based on the product's intended use as a consumption product.
Therefore, we are making no changes in response to this comment.
Rhododendron
One commenter noted that when the final rule for the importation of
plants in growing media was published, action regarding Rhododendron
spp. was deferred pending decisions on issues related to the Endangered
Species Act. The commenter suggested that if these issues have not yet
been resolved, it may be prudent to postpone inclusion of Rhododendron
spp. in the final rule.
The rulemaking referred to by the commenter initially proposed to
allow five new species of plants to be imported into the United States
in growing media. Because we determined that additional analysis was
necessary with respect to Rhododendron spp. and issues related to the
Endangered Species Act, we did not include Rhododendron spp. in that
final rule.
Our regulations already allow the importation of cut flowers of
Rhododendron spp. and, under certain conditions, nursery stock in bare
root of Rhododendron spp. (see 7 CFR 319.37-2(b)). This rule makes no
changes to the requirements for importing nursery stock, and is not
expected to increase the volume of cut flowers of Rhododendron spp.
imported into the United States. Less than a dozen shipments of cut
flowers of Rhododendron spp. have been imported into the United States
since the beginning of fiscal year 1994. Therefore, we are making no
changes in response to this comment.
Accordingly, 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 without change.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register. Immediate
implementation of this rule is necessary to provide relief to those
persons who are adversely affected by restrictions we no longer find
warranted. This action eliminates an unnecessary regulatory burden
without increasing the risk of imported cut flowers introducing exotic
plant pests, including plant diseases, into the United States.
Therefore, the Administrator of the Animal and Plant Health Inspection
Service has determined that this rule should be effective upon
publication in the Federal Register.
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.
We are eliminating the import permit and notice of arrival
requirements for imported cut flowers of camellia, gardenia,
rhododendron, rose, and lilac.
The United States imported approximately $408 million worth of
fresh cut flowers in 1994. Roses constituted the largest category of
fresh cut flowers imported into the United States in 1994, accounting
for 36 percent of the total value.
Although the United States imports cut flowers from many countries,
in 1994, 5 countries represented approximately 92 percent of the total
value of cut flowers imported into the United States. Colombia supplied
the greatest percentage with 66 percent, followed by the Netherlands
with 13 percent, Ecuador with 6.4 percent, Costa Rica with 3.7 percent,
and Mexico with 3.3 percent. Also in 1994, 4 countries accounted for
approximately 96.9 percent of the total value of rose imports into the
United States; Colombia supplied the greatest percentage with 71.2
percent, followed by Ecuador with 13.6 percent, Mexico with 6.8
percent, and Guatemala with 5 percent.
Entities in the United States that could be affected by changes in
cut flower import regulations are U.S. producers, importers, and
wholesalers of cut flowers. Of the estimated 1,409 producers of cut
flowers in the United States, approximately 85 percent are considered
small entities. We do not expect that the volume of cut flowers
imported into the United States will increase because of this rule, or
that the pest risk presented by imported cut flowers will increase
because of this rule. Therefore, we expect little, if any, change in
the market price of cut flowers. As a result, we expect that the impact
on producers of these varieties of cut flowers will be insignificant.
At this time, we cannot determine the number of importers of cut
flowers. However, we do not expect this rule to affect the supply of
cut flower importations, and, therefore, we expect any changes in costs
or competition related to the importation of cut flowers of camellia,
gardenia, rhododendron, rose, and lilac to be insignificant. As a
result, we anticipate that the effect on importers of cut flowers of
camellia, gardenia, rhododendron, rose, and lilac will be
insignificant.
Of the estimated 3,043 wholesalers of cut flowers, approximately 96
percent are considered small entities. As stated earlier, we do not
expect that the volume of cut flowers imported into the United States
will increase, or that the pest risk presented by imported cut flowers
will increase because of this rule. Therefore, we do not expect the
price of cut flowers to be affected by this rule. As a result, we
expect that the effect of this rule on wholesalers of imported cut
flowers of camellia, gardenia, rhododendron, rose, and lilac will be
insignificant.
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 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
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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.). Further, this rule eliminates the information collection or
recordkeeping requirements in 7 CFR 319.74.
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 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).
Sec. 319.74-1 [Amended]
2. In Sec. 319.74-1, paragraph (c) is removed.
Sec. 319.74-2 [Amended]
3. Section 319.74-2 is amended as follows:
a. By removing paragraph (b).
b. By removing paragraph (c).
c. By removing the designation ``(a)'' preceding the first
paragraph.
Sec. 319.74-2a [Removed]
4. Section 319.74-2a is removed.
Sec. 319.74-3 [Amended]
5. Section 319.74-3 is amended as follows:
a. By removing paragraph (b).
b. By redesignating paragraphs (c) and (d) as paragraphs (b) and
(c), respectively.
c. In paragraph (a), the first sentence, by removing the words
``imported from the named foreign countries and localities, whether or
not subject to permit requirements,''.
d. In paragraph (a), the second sentence, by removing the reference
``(d)'' and adding in its place the reference ``(c)''.
Sec. 319.74-4 [Removed]
6. Section 319.74-4 and footnote 1 are removed.
Sec. 319.74-5 [Removed]
7. Section 319.74-5 is removed.
Sec. 319.74-6 [Redesignated]
8. Section 319.74-6 is redesignated as Sec. 319.74-4.
Sec. 319.74-7 [Removed]
9. Section 319.74-7 is removed.
Done in Washington, DC, this 22nd day of September 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-25486 Filed 9-24-97; 8:45 am]
BILLING CODE 3410-34-P
