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Executive Order 12988

This final 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

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the information collection or recordkeeping requirements included in this rule have been approved by the Office of Management and Budget (OMB) under OMB control number 0579-0176.

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 are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

1. The authority citation for part 319 continues to read as
follows:

Authority: 7 U.S.C. 166, 450, 7711-7714, 7718, 7731, 7732, and 7751-7754; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

Sec. 319.37-2 [Amended]

2. Section 319.37-2 is amended as follows:
a. In paragraph (a), in the text before the table, by removing the words``Sec. 319.37-2(c) of this subpart'' and adding in their place the words ``paragraph (c) of this section''.
b. In paragraph (b), introductory text, by removing the words
``Sec. 319.37-2(c) of this subpart'' and adding in their place the
words ``paragraph (c) of this section''.
c. In paragraph (b)(1), introductory text, by removing the words ``trees or shrubs'' and adding in their place the words ``plants meeting the conditions in Sec. 319.37-5(q)''.
d. In paragraph (b)(6)(i), by removing the words ``such as bonsai'' and adding in their place the words ``meeting the conditions in Sec. 319.37-5(q)''.
e. In paragraph (b)(7), introductory text, by removing the words ``tree or shrub'' the second time they appear and adding in their place the words ``plant meeting the conditions in Sec. 319.37-5(q)''.

Sec. 319.37-5 [Amended]

3. Section 319.37-5 is amended as follows:
a. By adding a new paragraph (q) to read as follows.
b. At the end of the section, by revising the OMB control number citation to read as follows.

Sec. 319.37-5 Special foreign inspection and certification
requirements.

* * * * *
(q) Any artificially dwarfed plant imported into the United States must have been grown and handled in accordance with the requirements of this paragraph and must be accompanied by a phytosanitary certificate of inspection that was issued by the government of the country where the plants were grown.
(1) Any growing media, including soil, must be removed from the artificially dwarfed plants prior to shipment to the United States unless the plants are to be imported in accordance with Sec. 319.37-8.
(2) The artificially dwarfed plants must be grown in accordance with the following requirements and the phytosanitary certificate required by this paragraph must contain declarations that those requirements have been met:
(i) The artificially dwarfed plants must be grown for at least 2
years in a greenhouse or screenhouse in a nursery registered with the government of the country where the plants were grown;
(ii) The greenhouse or screenhouse in which the artificially
dwarfed plants are grown must have screening with openings of not more than 1.6 mm on all vents and openings, and all entryways must be equipped with automatic closing doors;
(iii) The artificially dwarfed plants must be grown in pots
containing only sterile growing media during the 2-year period when they are grown in a greenhouse or screenhouse in a registered nursery;
(iv) The artificially dwarfed plants must be grown on benches at least 50 cm above the ground during the 2-year period when they are grown in a greenhouse or screenhouse in a registered nursery; and
(v) The plants and the greenhouse or screenhouse and nursery where they are grown must be inspected for any evidence of pests and found free of pests of quarantine significance to the United States at least once every 12 months by the plant protection service of the country where the plants are grown.

(Approved by the Office of Management and Budget under control number 0579-0176)

Done in Washington, DC this 14th day of August 2002. Peter Fernandez, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 02-20940 Filed 8-16-02; 8:45 am] BILLING CODE 3410-34-P