Importation of Restricted Articles; Port Everglades, FL

SUMMARY: We are amending the regulations concerning the importation of

nursery stock, plants, roots, bulbs, seeds, and other plant products by

allowing restricted articles that require a written permit to be

imported into Port Everglades at Fort Lauderdale, FL, provided they are

then moved by ground transportation and under U.S. Customs bond to the

Miami, FL, plant inspection station. Because many U.S. importers use

shipping companies that go into Port Everglades, FL, but not Miami, FL,

these importers prefer to import restricted articles that require a

written permit through the Port Everglades, FL, port of entry. However,

Port Everglades, FL, does not have the necessary facilities to inspect

and clear those restricted articles. This final rule will provide U.S.

importers with another option for importing those restricted articles

while protecting U.S. agriculture from significant risk of plant pests

and diseases.

EFFECTIVE DATE: May 26, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. Don Thompson, Operations Officer,

Port Operations, Plant Protection and Quarantine, APHIS, USDA, room

638, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301)

436-8295.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 7 CFR part 319 prohibit or restrict the

importation into the United States of certain plants and plant products

to prevent the introduction of plant pests. Sections 319.37 through

319.37-14 (referred to below as the regulations) contain restrictions

on the importation into the United States of nursery stock, plants,

roots, bulbs, seeds, and other plant products. Sections 319.37-2 and

319.37-3 list prohibited and restricted articles.

Section 319.37-14(b) of the regulations contains a list of the

approved ports of entry through which restricted articles may be

imported into the United States. Restricted articles that do not

require a written permit may be imported through any of the approved

ports of entry; restricted articles that do require a written permit,

because of their greater plant pest and disease risk, may be imported

only through ports equipped with special inspection and treatment

facilities. Ports having these special facilities, known as plant

inspection stations, are indicated on the list by an asterisk.

On October 28, 1993, we published in the Federal Register (58 FR

57969-57970, Docket No. 93-029-1) a proposal to amend the regulations

by allowing restricted articles that require a written permit to be

imported into Port Everglades at Fort Lauderdale, FL, provided they are

then moved by ground transportation and under U.S. Customs bond to the

Miami, FL, plant inspection station. We solicited comments concerning

our proposal for a 60-day comment period ending December 27, 1993. We

received one comment by that date. The comment was from the Florida

State Department of Agriculture and Consumer Services. The comment was

in favor of the proposal.

Therefore, based on the rationale set forth in the proposed rule,

we are adopting the provisions of the proposal as a final rule, with

minor nonsubstantive editorial changes for clarity.

Executive Order 12866 and Regulatory Flexibility Act

This final rule has been reviewed under Executive Order 12866.

This final rule allows restricted articles that require a written

permit, for example, nursery stock, to be offered for importation into

the United States at the Port Everglades, FL, port of entry. Based upon

requests from importers, we anticipate that about two to three

containers of nursery stock per month could arrive at the Port

Everglades, FL, port of entry, predominantly from Costa Rica and

Guatemala.

Now, about 40 to 50 companies import nursery stock into the United

States. Thirty to 40 of these companies employ 100 or fewer people,

making them small entities by the Small Business Administration's size

criteria. Three of these small entities will most likely ship most of

the nursery stock that could arrive at Port Everglades, FL.

Based upon U.S. Department of Agriculture information, we estimate

that this rule change could result in no more than five additional

import companies shipping nursery stock to Port Everglades, FL. This

estimate is based upon the assumption that most importers who now ship

nursery stock directly to the Port of Miami will continue to do so

because it is more feasible and cost effective. All of these companies

are considered to be small entities.

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 12778

This rule has been reviewed under Executive Order 12778, 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 information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501

et seq.).

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.

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; 21 U.S.C.

136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).

2. The authority citation for ``Subpart--Nursery Stock, Plants,

Roots, Bulbs, Seeds, and Other Plant Products'' is removed.

Sec. 319.37-14 [Amended]

3. In Sec. 319.37-14, paragraph (b), under ``List of Ports of

Entry'', the entry for Florida is amended by removing ``Port

Everglades'' and the address underneath it, and by adding ``Amman

Building, room 305, 611 Eisenhower Boulevard, P.O. Box 13033, Fort

Lauderdale, FL 33316. (Note: Restricted articles required to be

imported under a written permit pursuant to Sec. 319.37-3(a)(1) through

(6) of this subpart must be moved by ground transportation and under

U.S. Customs bond to the Miami Inspection Station.)'' as a third entry

under ``*Miami''.

Done in Washington, DC, this 20th day of April 1994.

Patricia Jensen,

Acting Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-10028 Filed 4-25-94; 8:45 am]

BILLING CODE 3410-34-P