[Federal Register Volume 69, Number 208 (Thursday, October 28, 2004)]
[Proposed Rules]
[Pages 62823-62829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24150]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 /
Proposed Rules
[[Page 62823]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 02-132-1]
RIN 0579-AB83
Requirements for Requests To Amend Import Regulations
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to establish regulations governing the
submission of requests for changes in our regulations that restrict the
importation of plants, plant parts, and plant products. We are
proposing this action because, despite existing non-regulatory guidance
on the submission of requests, few applicants provide the basic
information we require to properly consider their requests. We expect
that adoption of this proposal would help ensure that we are provided
with the information we need to prepare a risk analysis and/or other
analyses that evaluate the risks and other effects associated with the
proposed change to the regulations. This information is needed for us
to effectively consider the request, and submission of the information
at the time the request is made allows us to proceed with our
consideration of the request in a timely manner.
DATES: We will consider all comments that we receive on or before
December 27, 2004.
ADDRESSES: You may submit comments by any of the following methods:
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 02-132-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 02-132-1.
E-mail: Address your comment to
[email protected]. Your comment must be contained in the body
of your message; do not send attached files. Please include your name
and address in your message and ``Docket No. 02-132-1'' on the subject
line.
Agency Web Site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html for a form you can use to submit an e-mail comment through
the APHIS Web site.
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this
docket and submitting comments.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: You may view APHIS documents published in the
Federal Register and related information, including the names of groups
and individuals who have commented on APHIS dockets, on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: For information related to risk
analyses, contact Mr. Robert L. Griffin, Director, Plant Epidemiology
and Risk Analysis Laboratory, Center for Plant Health, Science, and
Technology, PPQ, APHIS, 1730 Varsity Drive Suite 300, Raleigh, NC
27606; (919) 855-7400.
For information related to environmental analyses, contact Mr. Carl
Bausch, Chief, Environmental Services, PPD, APHIS, 4700 River Road Unit
149, Riverdale, MD 20737-1237; (301) 734-8963.
For information related to economic analyses, contact Mr.
Christopher Klocek, Economist, Policy Analysis and Development, PPD,
APHIS, 4700 River Road Unit 119, Riverdale, MD 20737-1238; (301) 734-
8667.
SUPPLEMENTARY INFORMATION:
Background
The regulations contained in 7 CFR part 319 (referred to below as
the part 319 regulations) prohibit or restrict the importation of
plants, plant parts, and plant products into the United States in
accordance with the authority conferred on the Secretary of Agriculture
by the Plant Protection Act (7 U.S.C. 7701-7772). The Animal and Plant
Health Inspection Service (APHIS) is the United States Department of
Agriculture (USDA) agency responsible for (1) enforcing the part 319
regulations and (2) considering requests to amend the part 319
regulations to allow the importation of plants, plant parts, or plant
products that are not currently allowed importation under the
regulations.
On June 19, 2001, APHIS published a notice in the Federal Register
(66 FR 32923-32928, Docket No. 00-082-1) which described procedures and
standards employed by APHIS in its consideration of such requests. As
part of that document, we requested that persons seeking to import a
new commodity \1\ for which a risk analysis is required submit specific
information in support of their request in order to expedite APHIS's
consideration of the request. In the notice, we explained that if APHIS
is provided with certain information regarding the commodity, its
country of origin, and the pests associated with it, then we would be
better able to consider the request and conduct the risk analysis in a
timely fashion. We also explained that, after reviewing the submitted
information, we may request any other associated information that may
be needed to complete a risk analysis.
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\1\ For the purposes of this document, the term ``commodity''
means a plant, plant product, or other agricultural product being
moved for trade or other purpose.
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In this document, we are proposing to establish regulations
governing the submission of requests to change the part 319 import
regulations. We are proposing this action because, despite our
publication of the June 2001 notice containing guidance on the
submission of information in support of commodity import requests, and
despite other existing guidance on this subject, few applicants provide
the basic information we require to properly consider their requests.
We expect that adoption of this proposal would help ensure that we are
provided with the information we need to prepare a risk analysis and/or
other analyses that evaluate the risks and other effects associated
with the
[[Page 62824]]
proposed change to the regulations. This information is needed for us
to effectively consider the request, and submission of the information
at the time the request is made allows us to proceed with our
consideration of the request in a timely manner. Without this
information, we are unable to effectively consider such requests.
The information we are proposing to require is the same type of
information that we are required to provide to other countries as they
evaluate commodities that we wish to export. Furthermore, the
provisions of this proposal are consistent with country obligations
under the International Plant Protection Convention (IPPC), to which
the United States is a signatory.
Process for Considering Requests
When APHIS is requested to allow the importation of a commodity,
APHIS first reviews the regulations to determine whether the commodity
is enterable under existing regulations. If the commodity is enterable,
APHIS may issue a permit for the importation of the commodity, subject
to applicable regulations in part 319. Such cases would not require the
submission of information as proposed in this document.
However, if the commodity is not yet authorized for importation
under existing regulations, APHIS would have to undertake rulemaking to
change the commodity's regulatory status before the commodity could be
imported. The first step in this process involves determining whether
it is necessary to conduct a risk analysis to analyze the pest risk
associated with the importation of the commodity. When APHIS determines
whether a pest risk analysis is necessary, we formally advise the
requestor of that finding.
Regardless of whether or not a pest risk analysis is necessary,
APHIS needs certain basic information (described in detail under the
heading Required Information) to begin considering the request, and, in
some cases, may require additional information (described under the
heading Additional Information) to complete our evaluation. If a risk
analysis is required,\2\ the information is needed to conduct the
analysis in accordance with the International Standard for
Phytosanitary Measures (ISPM) No. 11, ``Pest Risk Analysis for
Quarantine Pests,'' and its supplements, set by the IPPC. The
completion of a risk analysis may be necessary to inform the Secretary
as she makes her determination to allow or prohibit the importation of
a commodity in accordance with the authority conferred on her by the
Plant Protection Act.
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\2\ Note: The results of a risk analysis may or may not support
the proposed action.
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Even if a risk analysis is not required to analyze the pest risk
associated with the importation of the commodity,\3\ the majority of
the information listed under the heading Required Information is still
needed for the purposes of other analyses that are designed to satisfy
the requirements of certain U.S. statutes.\4\ The following is a list
of the U.S. statutes that most often have effects on the process of
consideration of requests. This list is not exhaustive, but the
analyses they require are the ones that depend most on certain types of
information that are described in this document.
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\3\ There are few cases where completion of risk analysis of
some kind would not be required. The most obvious case would be if a
risk analysis already exists.
\4\ The only Required Information that may be superfluous for
these analyses is information about associated pests and current
risk mitigation strategies.
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The Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
requires Federal agencies to consider the effect of proposed rules on
small businesses, nonprofit organizations, and government
jurisdictions. In order to comply with the requirements of the
Regulatory Flexibility Act, for each rulemaking action, APHIS conducts
an analysis on the economic effects the rule may have on small
entities.
Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994 (Pub. L. 103-354) requires rules classified
as ``major'' (having an annual impact on the economy of the United
States of $100 million in 1994 dollars and whose primary purpose is to
regulate issues of human health, human safety, or the environment) to
be based on a thorough analysis that makes clear the nature of the risk
posed by the action, alternative ways of reducing the risk, the
reasoning that justifies the rule, and a comparison of the likely costs
and benefits of reducing the risk.
The National Environmental Policy Act (NEPA), as amended
(42 U.S.C. 4321 et seq.) and the Council on Environmental Quality's
regulations for implementing the procedural provisions of NEPA require
Federal agencies to consider the effects of their actions on the
natural environment and identify alternatives to proposed actions.
APHIS typically prepares environmental assessments, and in some cases,
environmental impact statements, to evaluate the environmental effects
of new imports of plants, plant parts, and plant products.
The Endangered Species Act, as amended (16 U.S.C. 1531 et
seq.) requires that Federal agencies ensure that their actions do not
jeopardize the continued existence of species that are listed as
threatened or endangered or adversely modify critical habitat. In
certain cases, APHIS is required to enter into consultations with the
U.S. Fish and Wildlife Service to provide evidence that our actions
would not adversely affect threatened or endangered species or their
critical habitats.
Risk analyses and other analyses required under the statutes
described above are integral parts of the body of documentation that
are required by law to support changes in our regulations. The findings
of these analyses form the foundation of the rational basis for
rulemaking required under the Administrative Procedure Act. Problems
(e.g., a shortage of data) with any one of these analyses can have
effects on the timely processing of a request. To facilitate the
completion of these analyses, we have identified the basic information
that is required in any case for us to begin conducting a risk analysis
and other analyses required by law. We have also identified additional
information that may become necessary at some stage of the processing
of the request, but that may not be required in all, or even most,
cases. In this document, we are proposing to establish regulations to
clarify the process for evaluating requests and the information we
require to consider such requests.
The Proposed Regulations
Under the proposed regulations, which would be located in a new
``Subpart--Requests To Amend the Regulations'' (7 CFR 319.5), persons
interested in the importation into the United States of commodities
that have not been evaluated for entry into the United States and that
are not specifically approved for importation into the United States
under part 319 would be required to file a request with APHIS. The
initial request could be formal (i.e., a letter from the government of
the exporting country) or informal (i.e., a phone call to an import
specialist from a foreign producer or prospective importer), and could
be made by any person. Upon APHIS's confirmation that granting the
person's request would necessitate revisions to the regulations in part
319 (regardless of whether a risk analysis is determined to be
necessary), APHIS would notify the person that, prior to consideration
of the request, the national plant protection organization of the
country from which the plants, plant parts, or plant products would be
[[Page 62825]]
exported would be required to provide APHIS with the information
described in proposed Sec. 319.5(d). Requests that do not contain this
information will be considered incomplete, and APHIS may not take
further action on such requests until all required information is
submitted. Under Sec. 319.5(c) of the proposed regulations, this
information would be required to be submitted to a designated APHIS
contact point.
Required Information
The regulations in Sec. 319.5(d) would require the following
information to be provided to APHIS:
Information about the party submitting the request:
For requests that address imports from a single country,
the address, telephone and fax numbers, and e-mail addresses of the
national plant protection organization of the country from which the
commodity would be exported, or
For requests that address a multi-country region, the
address, telephone and fax numbers, and e-mail addresses of the
exporting countries' national and regional plant protection
organizations.
Information about the commodity proposed for importation into the
United States:
A description and/or map of the specific location(s) of
the areas in the exporting country where the commodity is produced,
The scientific name (including genus, species, and author
names), synonyms, and taxonomic classification of the commodity,
Identification of the particular plant or plant part
(i.e., fruit, leaf, root, entire plant, etc.) and any associated plant
part proposed for importation into the United States,
The proposed end use of the imported commodity (e.g.,
propagation, consumption, milling, decorative, processing, etc.), and
The months of the year when the commodity would be
produced, harvested, and exported.
Shipping information:
Detailed information as to the projected quantity and
weight/volume of the proposed importation, broken down according to
varieties where applicable, and
Method of shipping in international commerce and under
what conditions, including type of conveyance, and type, size, and
capacity of packing boxes and/or shipping containers.
Description of all pests and diseases associated with the commodity
proposed for exportation to the United States:
Scientific name (including genus, species, and author
names) and taxonomic classification of arthropods, fungi, bacteria,
nematodes, virus, viroids, mollusks, phytoplasmas, spiroplasmas, etc.,
attacking the crop,
Plant part attacked by each pest, pest life stages
associated with each plant part attacked, and location of pest (in, on,
or with commodity), and
References.
Current strategies for risk mitigation or management:
Overview \5\ of agronomic or horticultural management
practices used in the production of the commodity, including methods of
pest risk mitigation or control programs, and
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\5\ We specifically welcome comments as to the exact type and
amount of information that can or should be submitted in support of
this requirement.
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Identification of parties responsible for pest management
and control.
Additional Information
In addition to the information described above, in some cases,
APHIS may require additional information to effectively consider
requests to amend the part 319 regulations. We are requesting public
comment as to whether some or all of this additional information should
be required to be submitted with the information described above,
whether some or all of the information should be considered
``optional,'' or whether APHIS should require submission of some or all
of the information only if we deem it necessary during the course of
our consideration of a request. We wish to make it clear that it is
very much in the interest of the exporting country's national plant
protection organization to provide as much of the following information
as possible in order to facilitate the timely consideration of a
request. If APHIS needs this information but does not receive it from
the national plant protection organization of the exporting country, we
must seek the information from available sources or take other
appropriate action on the request. Accordingly, the consideration of
requests may be delayed substantially or even denied.
Contact information:
Address, phone and fax numbers, and/or e-mail for local experts
(e.g., academicians, researchers, extension agents) most familiar with
crop production, entomology, plant pathology, and other relevant
characteristics of the commodity proposed for importation.
Additional information about the commodity:
Common name(s) in English and in the language(s) of the
exporting country,
Cultivar, variety, or group description of the commodity,
Stage of maturity at which crop is harvested and method of
harvest,
Indication of whether crop is grown from certified seed or
nursery stock, if applicable,
If grown from certified seed or stock, indication of the
origin of the stock or seed (country, State), and
Color photographs of plant, plant part, or plant product
itself.
Information about the area where the commodity is grown:
Unique characteristics of the production area in terms of
pests or diseases,
Maps of the production regions, pest free areas, etc.,
Length of time commodity has been grown in production
area,
Status of growth of production area (i.e., acreage
expanding or stable), and
Physical and climatological description of the growing
area.
Information about post-harvest transit and processing:
Complete description of the post-harvest processing
methods used, and
Description of the movement of the commodity from field to
processing to exporting port (e.g., method of conveyance, shipping
containers, transit routes, especially through different pest risk
areas).
Shipping methods and volume of exports:
Photographs of the boxes and containers used to transport
the commodity, and
Identification of port(s) of export and import and
expected months (seasons) of shipment, including intermediate ports-of-
call and time at intermediate ports-of-call, if applicable.
Additional description of all pests and diseases associated with
the commodity to be imported:
Common name(s) of the pest in English or local
language(s),
Geographic distribution of the pest in the country, if a
quarantine pest and follows the pathway,
Period of attack (e.g., attacks young fruit beginning
immediately after blooming) and records of pest incidence (e.g.,
percentage of infested plants or infested fruit) over time (e.g.,
during the different phenological stages of the crops and/or times of
the year),
Economic losses associated with pests of concern in the
country,
Pest biology or disease etiology or epidemiology, and
Photocopies of literature cited in support of the
information above.
Current strategies for risk mitigation or manageament:
Description of pre-harvest pest management practices
(including target pests, treatments [e.g., pesticides], or
[[Page 62826]]
other control methods) as well as evidence of efficacy of pest
management treatments and other control methods,
Efficacy of post-harvest processing treatments in pest
control,
Culling percentage and efficacy of culling in removing
pests from the commodity, and
Description of quality assurance activities, efficacy and
efficiency of monitoring implementation.
Existing documentation:
Relevant pest risk analyses, environmental assessment(s),
biological assessment(s), and economic information and analyses.
Availability of Guidance on the Internet
In conjunction with this rule, we would post information related to
this subject on the APHIS Internet site. The site would include a
document that clearly explains the information required to be submitted
at the time of the import request and the additional desirable
information described in this document, background information on the
rulemaking process and the analytical requirements APHIS must meet as
it proposes and adopts revisions to its import regulations, and
documents intended to facilitate the preparation of the information
described in this document prior to submission to APHIS. We would
provide a link for that Web site in our final rule.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be significant for the purposes of
Executive Order 12866 and, therefore, has been reviewed by the Office
of Management and Budget.
We have prepared an economic analysis for this rule. The economic
analysis provides a cost-benefit analysis, as required by Executive
Order 12866, and an analysis of the potential economic effects of this
final rule on small entities, as required by the Regulatory Flexibility
Act. The economic analysis is set out below.
Under the Plant Protection Act (7 U.S.C. 7701-7772), the Secretary
of Agriculture is authorized to regulate the importation of plants,
plant products, and other articles to prevent the introduction of
injurious plant pests.
This proposed rule would require that requests to amend the
regulations regarding imported plants, plant parts, or plant products
be accompanied by the basic information necessary for APHIS to properly
consider such requests. Receipt of necessary information (previously
described in this docket) at the time a request to import a currently
prohibited commodity is made will streamline the process for
considering the request by minimizing delays and backlogs in conducting
risk assessments and other required analyses. Streamlining the process
will help facilitate trade of both imported and exported plants and
plant products covered by 7 CFR part 319, and help maintain good
relations between the United States and its trading partners.
Commodities in 7 CFR Part 319 Potentially Affected by the Proposed
Regulations
Fruits and Vegetables
Cotton
Logs, lumber
Nursery Stock (planted in media)
Sugarcane
Corn, Rice, Wheat, Coffee
Packing Material
Cut Flowers
Streamlining the process for requesting changes to the import
regulations will benefit trading partners seeking to sell their
products in U.S. markets by allowing them to bring products to market
in the United States in a more timely fashion. This proposed rule, if
adopted, would have a positive effect on U.S. consumers who benefit
from increased variety of imported products available in domestic
markets and from increased competition and lower prices in affected
markets. Maintaining good trade relations ensures that U.S. exports of
fruits, vegetables, and other commodities would continue to flow freely
into markets around the world. This would benefit U.S. exporters.
Uncertainty and delays can be costly for U.S. exporters of perishable
commodities, whose window for shipping fresh produce and live plants is
brief. Some U.S. brokers/shippers who handle imported plants and plant
products may be affected, but costs to them should be negligible.
Alternatives Considered
Two alternatives to this rule were considered. The first
alternative was to do nothing. This alternative was rejected because
the increased volume of import requests and growing backlog of risk
assessments necessitate a mechanism for facilitating the import request
process. The second alternative considered was to limit the rule to
fresh fruits and vegetables only. Excluding other plant and plant parts
from this rule was not seen as the most effective regulatory approach,
given the growing volume and value of reciprocal trade in commodities
such as grains, cotton, nursery stock, and cut flowers (see table 1).
Benefits of the Proposed Rule
Trade Benefits
An important benefit of expediting the risk assessment process is
the continued smooth functioning of trade, particularly with countries
where there is significant reciprocal trade in plants and plant
products. U.S. exports of plants, plant parts, and plant products are
extensive. For example, the United States exported roughly $4.26
billion in plants, plant parts, and plant products to major trading
partners Mexico, Taiwan, and China in 2003. As the table below
suggests, given the volume of trade in plant and plant products, delays
by trading partners in processing U.S. import requests could be costly
for U.S. exporters.
Table 1.--2003 U.S. Exports of Selected Commodities
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Value of exports (in millions of dollars)
Commodity harmonized tariff codes Commodity description -----------------------------------------------
(HS) Mexico Taiwan China
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5201, 5203....................... Cotton....................... $427.658 $117.153 $733.168
4407, 4403, 4406................. Lumber and logs.............. 139.405 60.769 190.467
4415............................. Pallets, packing material.... 13.463 0.123 0.168
08............................... Edible fruits and nuts....... 256.559 134.824 50.579
07............................... Vegetables................... 110.330 27.444 9.553
1701............................. Sugarcane.................... 0.785 0.034 0.001
0603............................. Cut flowers.................. 1.132 0 0.021
0601, 0602....................... Live plants, grasses, bulbs.. 21.215 0.071 0.594
0604............................. Tubers....................... .............. .............. ..............
[[Page 62827]]
1005............................. Corn......................... 689.611 513.785 0.658
1006............................. Rice......................... 140.263 34.078 0.079
1001............................. Wheat........................ 402.083 136.371 35.262
0901............................. Coffee....................... 1.966 0.727 0.391
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Total........................ ............................. 2,204.470 1,025.379 1,020.941
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Source: http://www.fas.usda.gov/ustrdscripts/USReport.exe. Trade data are reported by commodity tariff code,
also known as harmonized tariff schedule (HS).
Efficiency Gains
A related benefit of this proposed rule for U.S. interests is
internal APHIS efficiency and consistency gains related to processing
import requests. Collecting data necessary for risk assessments
requires time, which delays processing of import requests.
For the past several years, APHIS has conducted approximately 100
risk assessments associated with import requests per year. Of those
risk assessments, 90 percent are routine and 10 percent are complex.
Examples of recent complex assessments relate to the importation of
citrus from Argentina, clementines from Spain, and citrus from Uruguay.
Complex risk assessments typically require 2 to 3 months for data
collection by APHIS, plus trips to the country of origin. Data
collection for routine risk assessments usually requires 30 days or
less.
Submission of basic information with the import request will
substantially decrease the amount of time required for data collection
for both routine and complex risk assessments and the need for
international travel to collect information. Providing information at
the time an import request is made will require some expenditure of
time and effort by the applicant. However, assembling data is expected
to require substantially less time for the applicant than for APHIS
employees, especially if the applicant is in the country of origin.
Applicants in the country of origin should have knowledge of the
commodity they wish to export and access to the required data.
Even when the risk analysis is not complex, or in cases where a
risk analysis may not be required, the information we are proposing to
require can be used to complete other analyses or documentation
required by certain U.S. statutes, such as the Regulatory Flexibility
Act, the National Environmental Policy Act, and the Endangered Species
Act, to support changes in our regulations. Delays or problems with any
of these analyses can affect the timely processing of import requests.
Costs of the Proposed Regulations
The proposed regulations would require that the national plant
protection organizations of foreign countries provide specific
information in support of import requests. This would require an
additional expenditure of time and effort on the part of potential
exporters and the exporting country's national plant protection
organization, but APHIS does not expect major adjustment problems for
those persons. Required information about commodities should be known
to applicants and readily available.
Many foreign firms use U.S. brokers in order to facilitate the
movement of consignments into the United States. The broker's primary
role is to make arrangements and obtain appropriate documentation for
the import and export of goods. The task of assembling required data
could fall to U.S. brokers in some cases, but any adjustment should be
short-lived, as importers, brokers, and governments of exporting
countries work toward the common goal of expanded commerce.
APHIS believes that the benefits of this rule (streamlining the
process for evaluating import requests and reducing costs to APHIS)
outweigh the costs to applicants associated with gathering the basic
information required by this rule.
Regulatory Flexibility Analysis
As a part of the rulemaking process, APHIS evaluates whether
proposed regulations are likely to have a significant economic impact
on a substantial number of small entities.\6\ It is unclear whether or
to what extent the data requirements of the proposed regulations would
be passed on to U.S. brokers/shippers of plants and plant products.
More than 11,406 brokers/shippers of plants and plant products would be
considered small entities under the Small Business Administration's
(SBA) criteria, but we do not expect that the proposed data
requirements would have a significant impact on them.
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\6\ ``Guide to the Regulatory Flexibility Act.'' Small Business
Administration, Office of Advocacy, Washington, DC, May 1996.
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Under the SBA's criteria, an import/export merchant is classified
as a small entity if it has 100 or fewer employees.\7\ In all cases,
the impact would only be as a result of an entity's involvement in
assembling data required for the import request.
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\7\ North American Industrial Classification System (NAICS)
424480, Fresh Fruit and Vegtable Merchant Wholesalers.
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According to the most recent information available from the SBA's
Office of Advocacy, a total of 5,403 firms comprised the ``Fresh Fruit
and Vegetable Merchant Wholesalers'' category in 1999.\8\ Seventy-eight
percent of these firms (4,227) employed 20 or fewer individuals, and 99
percent of the firms had 500 or fewer employees. Clearly, the majority
of fruit and vegetable wholesalers are small entities, having 100 or
fewer employees. Other types of wholesalers potentially affected by the
proposed regulations (wholesalers of cut flowers and nursery stock,
grain and beans, and other farm product raw materials) demonstrate
similar demographic profiles, with the majority of firms in the
industry considered small under SBA's criteria. Even though the
majority of potentially affected wholesalers have 100 or fewer
employees, and would thus be classified as small entities, the proposed
regulations are not expected to have a significant economic impact on
them.
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\8\ See http://www.sba.gov/advo/stats/us99_n6.pdf.
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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
[[Page 62828]]
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
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 02-132-1.
Please send a copy of your comments to: (1) Docket No. 02-132-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance
Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue
SW., Washington, DC 20250. A comment to OMB is best assured of having
its full effect if OMB receives it within 30 days of publication of
this proposed rule.
Under this rule, persons who wish to import an agricultural
commodity into the United States that is not currently approved for
importation will be required to submit certain information to APHIS in
support of their request.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 2 hours per response.
Respondents: U.S. importers, foreign producers and regulatory
officials.
Estimated annual number of respondents: 100.
Estimated annual number of responses per respondent: 6.
Estimated annual number of responses: 600.
Estimated total annual burden on respondents: 1,200 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.
List of Subjects in 7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Nursery Stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we propose to amend 7 CFR part 319 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. 450 and 7701-7772; 21 U.S.C. 136 and 136a; 7
CFR 2.22, 2.80, and 371.3.
2. A new ``Subpart--Requests To Amend the Regulations'' (Sec.
319.5) would be added to read as follows:
Subpart--Requests To Amend the Regulations
Sec. 319.5 Requirements for submitting requests to change the
regulations in 7 CFR part 319.
(a) Definitions.
Commodity. A plant, plant product, or other agricultural product
being moved for trade or other purpose.
(b) Procedures for submitting requests and supporting information.
Persons who request changes to the import regulations contained in this
part and who wish to import plants, plant parts, or plant products that
are not allowed importation under the conditions of this part must file
a request with the Animal and Plant Health Inspection Service (APHIS)
in order for APHIS to consider whether the new commodity can safely be
imported into the United States. The initial request can be formal
(e.g., a letter) or informal (e.g., made during a bilateral discussion
between the United States and another country), and can be made by any
person. Upon APHIS confirmation that granting a person's request would
require amendments to the regulations in this part, the national plant
protection organization of the country from which the commodity would
be exported must provide APHIS with the information listed in paragraph
(d) of this section before APHIS can proceed with its consideration of
the request; requests that are not supported with this information in a
timely manner will be considered incomplete, and APHIS may not take
further action on such requests until all required information is
submitted
(c) Addresses. The national plant protection organization of the
country from which commodities would be exported must submit the
information listed in paragraph (d) of this section to: [Address to be
added in final rule].
(d) Information. The following information must be provided to
APHIS in order for APHIS to consider a request to change the
regulations in part 319:
(1) Information about the party submitting the request. The
address, telephone and fax numbers, and e-mail addresses of the
national plant protection organization of the country from which
plants, plant parts, or plant products would be exported; or, for
requests that address a multi-country region, the address, telephone
and fax numbers, and e-mail addresses of the exporting countries'
national and regional plant protection organizations.
(2) Information about the commodity proposed for importation into
the United States.
(i) A description and/or map of the specific location(s) of the
areas in the exporting country where the plants, plant parts, or plant
products are produced;
(ii) The scientific name (including genus, species, and author
names), synonyms, and taxonomic classification of the commodity;
[[Page 62829]]
(iii) Identification of the particular plant or plant part (i.e.,
fruit, leaf, root, entire plant, etc.) and any associated plant part
proposed for importation into the United States;
(iv) The proposed end use of the imported commodity (e.g.,
propagation, consumption, milling, decorative, processing, etc.); and
(v) The months of the year when the commodity would be produced,
harvested, and exported.
(3) Shipping information.
(i) Detailed information as to the projected quantity and weight/
volume of the proposed importation, broken down according to varieties,
where applicable; and
(ii) Method of shipping in international commerce and under what
conditions, including type of conveyance, and type, size, and capacity
of packing boxes and/or shipping containers.
(4) Description of pests and diseases associated with the
commodity. For all pests associated with the commodity proposed for
export to the United States:
(i) Scientific name (including genus, species, and author names)
and taxonomic classification of arthropods, fungi, bacteria, nematodes,
virus, viroids, mollusks, phytoplasmas, spiroplasmas, etc., attacking
the crop;
(ii) Plant part attacked by each pest, pest life stages associated
with each plant part attacked, and location of pest (in, on or with
commodity); and
(iii) References.
(5) Current strategies for risk mitigation or management.
(i) Overview of agronomic or horticultural management practices
used in production of commodity, including methods of pest risk
mitigation or control programs; and
(ii) Identification of parties responsible for pest management and
control.
(e) Availability of additional guidance. Information related to the
processing of requests to change the import regulations contained in
this part may be found on the APHIS Web site at [Address to be added in
final rule].
Done in Washington, DC, this 22nd day of October 2004.
Bill Hawks,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 04-24150 Filed 10-27-04; 8:45 am]
BILLING CODE 3410-34-P