Importation of Plants for Planting; Establishing a Category of Plants for Planting Not Authorized for Importation Pending Pest Risk Analysis

Docket ID: APHIS-2006-0011
Agency: Animal and Plant Health Inspection Service (APHIS)
Parent Agency: Department of Agriculture (USDA)
This rulemaking will amend the regulations to establish a new category of regulated articles in the regulations governing the importation of nursery stock, also known as plants for planting. This category will list taxa of plants for planting whose importation is not authorized pending pest risk analysis. If scientific evidence indicates that a taxon of plants for planting is a quarantine pest or a host of a quarantine pest, we will publish a notice that will announce our determination that the taxon is a quarantine pest or a host of a quarantine pest, cite the scientific evidence we considered in making this determination, and give the public an opportunity to comment on our determination. If we receive no comments that change our determination, the taxon will subsequently be added to the new category. We will allow any person to petition for a pest risk analysis to be conducted for a taxon that has been added to the new category. After the pest risk analysis is completed, we will remove the taxon from the category and allow its importation subject to general requirements, allow its importation subject to specific restrictions, or prohibit its importation. We will consider applications for permits to import small quantities of germplasm from taxa whose importation is not authorized pending pest risk analysis, for experimental or scientific purposes under controlled conditions. This new category will allow us to take prompt action on evidence that the importation of a taxon of plants for planting poses a risk while continuing to allow for public participation in the process.
RIN: 0579-AC03
Impacts and Effects: International
CFR Citation: 7 CFR 319
Priority: Other Significant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Fall 2011
Agenda Stage of Rulemaking: Completed Action
Major Rule: No
Legal Authorities: 7 USC 450, 7 USC 7701 to 7772, 7 USC 7781 to 7786, 21 USC 136 and 136a
Legal Deadlines: None
Government Levels Affected: No
Federalism Implications: No
Unfunded Mandates: No
Requires Regulatory Flexibility Analysis: No
Small Entities Affected: No
International Impacts: Yes
Energy Effects: No
Included in Regulatory Plan: No
ActionDateFR Citation
NPRM07/23/200974 FR 36403
NPRM Comment Period End10/21/2009
Information Collection; Comment Request05/03/201176 FR 24848
Final Rule05/27/201176 FR 31172
Final Rule Effective06/27/2011
Information Collection Comment Period End07/05/2011
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Category: Importation of Plants and Plant Products
Keyword(s): USDA, agriculture
Type: Rulemaking
Program: Plant Protection and Quarantine

Primary Documents

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Comment Period Closed
Jul 05, 2011 11:59 PM ET
Posted: 05/03/2011
ID: APHIS-2006-0011-0264
Comment Period Closed
Oct 21, 2009 11:59 PM ET
Proposed Rule
Posted: 07/23/2009
ID: APHIS-2006-0011-0001

Supporting Documents

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Comments Not Accepted
Supporting & Related Material
Posted: 05/27/2011
ID: APHIS-2006-0011-0268
Comments Not Accepted
Supporting & Related Material
Posted: 07/23/2009
ID: APHIS-2006-0011-0003
Comments Not Accepted
Supporting & Related Material
Posted: 07/23/2009
ID: APHIS-2006-0011-0002


View All  (263)

Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Current Stage
Agency Contact
Arnold T. Tschanz
Senior Plant Pathologist, Plant Health Programs, PPQ
301 734-0627
4700 River Road, Unit 133
Riverdale, MD 20737-1231
*This count refers to the total comment/submissions received on this docket, as of 11:59 PM yesterday. Note: Agencies review all submissions, however some agencies may choose to redact, or withhold, certain submissions (or portions thereof) such as those containing private or proprietary information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and those displayed when conducting searches on the Public Submission document type. For specific information about an agency’s public submission policy, refer to its website or the Federal Register document.