[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Rules and Regulations]
[Pages 50237-50239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25489]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 319, 321, and 330
[Docket No. 97-010-2]
Foreign Potatoes
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending 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 reorganizing and streamlining the regulations concerning the
importation of potatoes into the United States. These changes remove
unnecessary regulations and relieve restrictions that no longer appear
warranted.
EFFECTIVE DATE: October 27, 1997.
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; or e-
mail: jpdmange@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The regulations concerning the importation of foreign potato tubers
have been contained in 7 CFR part 321, Restricted Entry Orders,
Subpart--Foreign Potatoes (referred to below as the Foreign Potatoes
regulations). The Foreign Potatoes regulations have allowed 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 have contained
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. However, only
Bermuda and parts of Canada have been considered free of injurious
potato diseases and insect pests.
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 as the Fruits and
Vegetables regulations). The Fruits and Vegetables regulations have
referred readers to the Foreign Potatoes regulations for rules
governing the importation of potatoes.
These regulations are intended to prevent the introduction of
foreign plant diseases and insect pests into the United States.
On May 7, 1997, we published in the Federal Register (62 FR 24849-
24851), Docket No. 97-010-1), a proposal to prohibit the importation of
potato plants from Newfoundland and a portion of Central Saanich,
British Columbia, Canada. We also proposed to prohibit the importation
of potato tubers from Bermuda. These actions were intended to prevent
the introduction of foreign potato diseases and insect pests into the
United States. Further, we proposed 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. In conjunction with this change, we
proposed to remove the Foreign Potatoes regulations from the Code of
Federal Regulations, since the remainder of the regulatory text
appeared to be unnecessary. We also proposed to 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. These actions were intended to
consolidate the regulations for importing potatoes into one place and
eliminate provisions that are not being used.
We also proposed to make an editorial change in the Federal Plant
Pest regulations, contained in 7 CFR part 330.
[[Page 50238]]
We solicited comments concerning our proposal for 60 days ending
July 7, 1997. We received two comments by that date. They were from
representatives of a State government and State University students.
Both comments fully supported the proposed rule.
Therefore, based on the rationale set forth in the proposed rule,
we are adopting the provisions of the proposal as a final rule, without
change.
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 moves the prohibitions on importing potato tubers from
part 321 to subpart 319.37, prohibits the importation of potato tubers
from Bermuda, and prohibits 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 is covered by this 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 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
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
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, 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).
2. In Sec. 319.37-2 paragraph (a), the table is amended by revising
the entry for Solanum spp. (potato) to read as follows.
Sec. 319.37-2 Prohibited Articles.
(a) * * *
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Plant pests existing
Prohibited article (includes in the places named
seeds only if specifically Foreign places from and capable of being
mentioned) which prohibited transported with the
prohibited article
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* * * *
* * *
Solanum spp. (potato) (tuber All except Canada Andean potato latent
bearing species only- (except virus; Andean
Section Tuberarium), Newfoundland and potato mottle
including potato tubers. that portion of the virus; potato mop
Municipality of top virus;
Central Saanich in dulcamara mottle
the Province of virus; tomato
British Columbia blackring virus;
east of the West tobacco rattle
Saanich Road. virus; potato virus
Y (tobacco veinal
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 are
removed, footnote 2 and the reference to it are redesignated as
footnote 1, and paragraph (c) is 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--[REMOVED]
Under the authority of 7 U.S.C. 136, 136a, 154, 159, and 162; 7
CFR, Chapter III, is amended by removing ``Part 321--Restricted Entry
Orders.''
[[Page 50239]]
PART 330--FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS;
SOIL, STONE, and QUARRY PRODUCTS; GARBAGE
4. The authority citation for part 330 continues 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, and 4332; 7 CFR 2.22, 2.80, and
371.2(c).
5. In Sec. 330.300a, the words ``South Saanich'' are removed and
the words ``Central Saanich'' are added in their place.
Done in Washington, DC, this 22nd day of September 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-25489 Filed 9-24-97; 8:45 am]
BILLING CODE 3410-34-P
