[Federal Register: May 23, 2003 (Volume 68, Number 100)]
[Rules and Regulations]               
[Page 28115-28119]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my03-3]                         

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 03-019-1]

 
Additional Declaration for Imported Articles of Pelargonium spp. 
and Solanum spp. To Prevent Introduction of Potato Brown Rot

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the regulations to require that an additional 
declaration appear on the phytosanitary certificate that must accompany 
all articles of Pelargonium spp. and Solanum spp. imported into the 
United States, except those imported under the Canadian greenhouse-
grown restricted plant program. The additional declaration must state 
either that the articles of Pelargonium spp. and Solanum spp. were 
produced in a production facility that has been tested and found to be 
free of Ralstonia solanacearum race 3 biovar 2 or that Ralstonia 
solanacearum race 3 biovar 2 is not known to occur in the region in 
which the articles were produced. We have recently discovered that 
articles of Pelargonium spp. and Solanum spp. imported into the United 
States pose a risk of carrying this bacterial strain, which causes 
potato brown rot. This action is necessary to prevent the introduction 
of this bacterial strain into the United States.

DATES: This interim rule was effective May 16, 2003. We will consider 
all comments that we receive on or before July 22, 2003.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 03-019-1, 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. 03-019-1. If you use e-mail, 
address your comment to regulations@aphis.usda.gov. 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. 
03-019-1'' on the subject line.
    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.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. William Thomas, Import Specialist, 
Phytosanitary Issues Management Team, PPQ, APHIS, 4700 River Road, Unit 
140, Riverdale, MD 20737-1236; (301) 734-5214.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in 7 CFR part 319 prohibit or restrict the 
importation of certain plants and plant products into the United States 
to prevent the introduction of plant pests. The regulations contained 
in ``Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other 
Plant Products,'' Sec. Sec.  319.37 through 319.37-14 (referred to 
below as the regulations), restrict, among other things, the 
importation of living plants, plant parts, seeds, and plant cuttings 
for propagation.
    Nursery stock, plants, and other propagative plant material that 
cannot be feasibly inspected, treated, or handled to prevent them from 
introducing plant pests new to or not known to be widely prevalent in 
or distributed within and throughout the United States are listed in 
the regulations as prohibited articles. Prohibited articles may not be 
imported into the United States, unless imported by the U.S. Department 
of Agriculture (USDA) for experimental or scientific purposes under 
specified safeguards.
    Nursery stock, plants, and other propagative plant material that 
can be inspected, treated, or handled to prevent them from spreading 
plant pests are listed in the regulations as restricted articles. Under 
Sec.  319.37-4 of the regulations, any restricted article offered for 
importation into the United States must be accompanied by a 
phytosanitary certificate of inspection or, in the case of greenhouse-
grown plants from Canada imported in accordance with the greenhouse-
grown restricted plant program described in Sec.  319.37-4(c), a 
certificate of inspection in the form of a label. Other restrictions 
may apply to specific restricted articles under the regulations, 
including permit requirements, inspection, treatment, or postentry 
quarantine.
    Tuber-bearing Solanum spp. from all regions except certain regions 
of Canada are prohibited from entering the United States in Sec.  
319.37-2, due to the presence of various potato diseases in the rest of 
the world. However, prior to the publication of this interim rule, the 
only restriction on the importation of articles of Pelargonium spp. 
(geraniums) and other articles of the genus Solanum (which includes 
eggplants, weeds such as nightshade, shrubs, vines, huckleberry plants, 
and other garden plants) other than the certification requirements of 
Sec.  319.37-4 noted previously was that lots of 13 or more of such 
articles could only be imported or offered for importation into the 
United States after issuance of a written

[[Page 28116]]

permit by the Plant Protection and Quarantine (PPQ) program of USDA's 
Animal and Plant Health Inspection Service (APHIS) under Sec.  319.37-
3(a)(5).
    It has recently come to our attention that articles of Pelargonium 
spp. and Solanum spp. can serve as vectors for the transmission of 
potato brown rot. Potato brown rot is caused by a bacterium, Ralstonia 
solanacearum; race 3 of this bacterium affects the potato (Solanum 
tuberosum L.). This bacterium is widely distributed in temperate areas 
of the world, including some parts of the United States. It causes 
potatoes to rot through, making them unusable and seriously affecting 
potato yields. The bacterium is extremely difficult to eradicate both 
because of its many alternate hosts and because of its ability to 
survive in water. Letting an infected field lie fallow or using 
alternate, non-potato crops for a growing season is not effective, as 
the bacterium survives in various common weeds, including Solanum 
species such as nightshade. The bacterium can also be transmitted from 
infected fields to other fields by streams and runoff.
    At least three biovars of R. solanacearum race 3 are distinguished 
on the basis of biochemical properties. Biovar 1, which is currently 
established in the United States, does not tolerate cold temperatures; 
its establishment is thus limited to the southern part of the United 
States. However, biovar 2, which is not present in the United States, 
is adapted to low temperatures and is found in temperate zones, meaning 
that it could thrive in the northern States where most U.S. potatoes 
are produced.
    Because of the danger R. solanacearum race 3 biovar 2 poses to U.S. 
potatoes, it is listed in our regulations in 7 CFR 331.3(a) as a 
biological agent capable of posing a severe threat to plant health or 
plant products; accordingly, the possession, use, and transfer of R. 
solanacearum race 3 biovar 2 is subject to the restrictions in part 
331. If R. solanacearum race 3 biovar 2 were to become established in 
the United States, it would likely have a devastating impact on potato 
production.
    In 1999, R. solanacearum race 3 biovar 2 was detected on geranium 
cuttings in greenhouses in Pennsylvania, Delaware, New Jersey, New 
York, South Dakota, and Wisconsin. These detections were traced back to 
a production facility in Guatemala that was found to have R. 
solanacearum race 3 biovar 2 on its premises. PPQ inspectors found that 
the production facility in question and its parent ``mother stock'' 
facility in California took adequate measures to ensure that the 
Pelargonium spp. cuttings the Guatemala facility exported to the United 
States were not infected with the R. solanacearum race 3 biovar 2 
bacterium. More recently, in February 2003, R. solanacearum race 3 
biovar 2 was detected at nursery facilities that had received suspect 
geraniums from Kenya. As of March 20, 2003, there have been positive 
confirmations in 48 establishments, including 2 rooting stations, 
located in 17 States (Alabama, Delaware, Georgia, Iowa, Illinois, 
Indiana, Kansas, Maryland, Michigan, Minnesota, Missouri, North 
Carolina, New Hampshire, South Carolina, Tennessee, Virginia, and 
Wisconsin), and samples from plants with symptoms continue to arrive at 
USDA laboratories after screening at State or university diagnostic 
laboratories.
    The regulations have not included specific provisions to ensure 
that articles of Pelargonium spp. offered for importation into the 
United States are not infected with the R. solanacearum race 3 biovar 2 
bacterium. In addition, R. solanacearum race 3 biovar 2 can spread to 
uninfected potatoes via many articles of the genus Solanum, but the 
regulations have not included provisions to ensure that non-tuber-
bearing Solanum spp., which may be imported into the United States with 
a written permit as described above, are not infected with the R. 
solanacearum race 3 biovar 2 bacterium.
    Therefore, we are amending the regulations to require that an 
additional declaration appear on the phytosanitary certificate that 
must accompany all articles of Pelargonium spp. and Solanum spp. 
imported into the United States, except those imported under the 
Canadian greenhouse-grown restricted plant program. The additional 
declaration must state either that R. solanacearum race 3 biovar 2 is 
not known to occur in the region in which the articles in the 
consignment were produced or that the production facility in which the 
articles in the consignment were produced has been tested and found to 
be free of R. solanacearum race 3 biovar 2.
    R. solanacearum race 3 biovar 2 is currently not known to occur in 
the following foreign regions: Algeria, Austria, Belarus, Bulgaria, 
Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, 
Greece, Ireland, Israel, Italy, Latvia, Lithuania, Moldavia, Morocco, 
Norway, Poland, Portugal, Romania, Russian Federation, Slovakia, 
Slovenia, Spain, Sweden, Switzerland, Tunisia, and Ukraine.
    Production facilities outside of those regions wishing to export 
articles of Pelargonium spp. or Solanum spp. to the United States must 
be tested for R. solanacearum race 3 biovar 2 using a method acceptable 
to APHIS. We are currently aware of two acceptable testing methods: An 
enzyme-linked immunosorbent assay that can confirm that no Ralstonia 
spp. bacteria are present, and a polymerase chain reaction test that 
can confirm that no R. solanacearum race 3 biovar 2 bacteria are 
present. Other testing methods may be used if those methods are 
adequate to confirm that production facilities are free of R. 
solanacearum race 3 biovar 2.
    We will continue to allow articles of Pelargonium spp. and Solanum 
spp. produced in Canada under the greenhouse-grown restricted plant 
program described in paragraph (c) of Sec.  319.37-4 to be imported 
into the United States with the inspection label issued in accordance 
with that paragraph. The Canadian greenhouse-grown restricted plant 
program mandates pest and disease control practices, provides extensive 
information on greenhouses in Canada exporting to the United States, 
and requires a certification statement reading ``This shipment of 
greenhouse grown plants meets the import requirements of the United 
States, and is believed to be free from injurious plant pests. Issued 
by Plant Protection Division, Agriculture Canada.'' Because R. 
solanacearum race 3 biovar 2 is not known to occur in Canada, and 
because these additional controls are in place, we believe that 
restricted articles grown under this program may be safely imported 
without the phytosanitary certificate and additional declaration.
    We are also adding articles of Pelargonium spp. and Solanum spp. 
that do not meet the requirements of the new paragraph Sec.  319.37-
5(r) of the regulations to the list of prohibited articles in Sec.  
319.37-2(a) so that inspectors can refuse the entry of any shipment of 
articles of Pelargonium spp. and Solanum spp. not meeting these 
requirements.
    This action will help to prevent the introduction of R. 
solanacearum race 3 biovar 2 into the United States while allowing the 
continued importation of articles that have been determined to be safe.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
importation of articles of Pelargonium spp. and Solanum spp. that come 
from regions where R. solanacearum race 3 biovar 2 is known to occur 
and that have been produced in facilities that may not be free of that 
bacterium. Because these articles may serve as

[[Page 28117]]

vectors for R. solanacearum race 3 biovar 2, allowing their importation 
to continue without specific restrictions would pose an unacceptable 
risk of introducing of R. solanacearum race 3 biovar 2 into the United 
States. Under these circumstances, the Administrator has determined 
that prior notice and opportunity for public comment are contrary to 
the public interest and that there is good cause under 5 U.S.C. 553 for 
making this rule effective less than 30 days after publication in the 
Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule.

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.
    Prior to the publication of this interim rule, articles of 
Pelargonium spp. (geraniums) and articles of non-tuber-bearing Solanum 
spp. such as eggplants were being imported into the United States with 
few restrictions. (Imports of tuber-bearing Solanum spp. from any 
region other than parts of Canada are prohibited by Sec.  319.37-2.) 
Apart from the certification requirements of Sec.  319.37-4 described 
previously, the only restriction on the importation of articles of 
Pelargonium spp. and non-tuber-bearing Solanum spp. was that lots of 13 
or more required a written permit from PPQ. Recently, APHIS became 
aware that articles of Pelargonium spp. and Solanum spp. can serve as 
vectors for the transmission of potato brown rot.
    Potato brown rot is caused by a bacterium, R. solanacearum race 3 
biovar 2. This bacterium is widely distributed in temperate areas of 
the world and could cause severe damage to U.S. production of potatoes 
if it were to become established in the United States. In 2001, 1.2 
million acres of potatoes were harvested in the United States. The U.S. 
potato harvest that year was valued at $2.9 billion, with $90 million 
worth of U.S. potatoes exported to the rest of the world.\1\ The 
bacterium causes the potatoes to develop unsightly brown rings in their 
tubers, making them worthless for human consumption. If U.S. potato 
fields were to become infected with this strain of R. solanacearum, 
their value could be drastically reduced, if not completely eliminated, 
due to the bacterium's ability to resist eradication. Furthermore, U.S. 
producers would most likely be required to quarantine their fields and 
destroy any potatoes present to prevent the spread of the disease.
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    \1\ National Agricultural Statistics Service data, U.S. potato 
production, 2001.
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    The United Kingdom has experienced five outbreaks of potato brown 
rot that have had minor impacts on overall potato production, losses 
equivalent to less than a fraction of a percentage point of the total 
value of the potato industry in the United Kingdom.\2\ However, certain 
areas in South America have endured potato losses ranging from 5 
percent to 100 percent due to potato brown rot. If potato brown rot was 
to become established in the United States, the potato industry could 
potentially lose hundreds of millions of dollars due to direct crop 
losses and indirect losses from quarantines and diminished export 
markets.
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    \2\ United Kingdom Department for Environment, Food and Rural 
Affairs.
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Pelargonium (geranium) spp.

    U.S. floriculture and nursery crop sales based on grower's receipts 
were $14 billion in 2002. Total sales of U.S. geraniums were estimated 
at $204 million for 2002.\3\ The United States imported $44 million 
worth of cuttings and slips, of which geraniums comprised some unknown 
part.\4\ No specific data are available for geranium plant imports; 
cuttings most likely comprise the bulk of imports of geranium articles.
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    \3\ Electronic Outlook Report from the Economic Research 
Service, Floriculture and Nursery Crops Outlook, September 12th, 
2002, Alberto Jerardo.
    \4\ World Trade Atlas 2002, U.S. imports of unrooted cuttings 
and slips of plants, code  0602100000.
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Solanum spp.

    The genus Solanum comprises a large group of both tender and hardy, 
herbaceous shrubby climbing plants. Several species can be found in 
North America either growing wild or as decorative plants, but two--
potatoes and eggplants--are grown as vegetables. Imports of potatoes 
are largely prohibited, except for imports from parts of Canada, which 
totaled $67 million worth of potatoes in 2001. Under this interim rule, 
Canadian potatoes will continue to be able to enter the United States 
with the certification required by the greenhouse-grown restricted 
plant program or with a phytosanitary certificate containing an 
additional declaration. Because Canadian potatoes imported for 
propagation must be accompanied by a phytosanitary certificate 
attesting to their region of origin to be eligible for importation into 
the United States, this rule is not expected to impose significant 
additional costs on their importation.
    The United States imported $11 million worth of eggplants in 2001. 
Imports of eggplants and potatoes account for less than 3 percent of 
the value of overall U.S. production.
    This interim rule will continue to allow imports of articles of 
Pelargonium spp. and Solanum spp. subject to specific certification 
requirements. This interim rule will have an insignificant impact on 
imports of articles of Pelargonium spp. and Solanum spp., while 
safeguarding U.S. agriculture from R. solanacearum race 3 biovar 2.

Impact on Small Entities

    The Regulatory Flexibility Act requires that agencies specifically 
consider the economic effects of their rules on small entities. The 
Small Business Administration (SBA) classifies nursery and tree 
production businesses (North American Industry Classification System 
code 111421) as small entities if their annual sales receipts are 
$750,000 or less. According to the National Agricultural Statistics 
Service (2001), 1,691 floriculture operations out of a total of 10,965 
operations had sales of $500,000 or more. Therefore, at least 85 
percent of all floriculture operations can be classified as small 
entities, and it is likely that an even higher percentage can be 
classified as small entities due to the $250,000 discrepancy.\5\
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    \5\ National Agricultural Statistics Service, Agricultural 
Statistics Board, U.S. Department of Agriculture, 2001 Floriculture 
Crops.
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    This interim rule will continue to allow imports of articles of 
Pelargonium spp. and Solanum spp. as long as the facility in which they 
were produced has been found to be free of R. solanacearum race 3 
biovar 2 or the bacterium is not known to occur in the region in which 
they were produced. All such articles are currently required by Sec.  
319.37-4 to be accompanied by a phytosanitary certificate of inspection 
when imported into the United States; the expected cost of obtaining 
the certification for the additional declaration is expected to be 
minor compared both to the value of shipments of articles of 
Pelargonium spp. and Solanum spp. and compared to

[[Page 28118]]

the total cost of certification. In addition, exporters participating 
in the Canadian greenhouse-grown restricted plants program will not 
have to obtain any additional certification, further mitigating the 
total effect on import costs.
    Small entities in the U.S. floriculture industry will not be 
significantly impacted due to the expected low percentage of geranium 
imports, the low percentage of geranium sales as a part of all 
floriculture sales, and the expected low cost of certification. This 
interim rule will safeguard U.S. agriculture from potato brown rot by 
restricting the entry of plants that can serve as its vectors.
    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

    In accordance with section 3507(j) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection and 
recordkeeping requirements included in this interim rule have been 
submitted for emergency approval to the Office of Management and Budget 
(OMB). OMB has assigned control number 0579-0221 to the information 
collection and recordkeeping requirements.
    We plan to request continuation of that approval for 3 years. 
Please send written comments on the 3-year approval request to the 
following addresses: (1) Office of Information and Regulatory Affairs, 
OMB, Attention: Desk Officer for APHIS, Washington, DC 20503; and (2) 
Docket No. 03-019-1, Regulatory Analysis and Development, PPD, APHIS, 
Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. 
Please state that your comments refer to Docket No. 03-019-1 and send 
your comments within 60 days of publication of this rule.
    This interim rule requires that an additional declaration appear on 
the phytosanitary certificate that must accompany all articles of 
Pelargonium spp. and Solanum spp. imported into the United States, 
except those imported under the Canadian greenhouse-grown restricted 
plant program. This additional declaration must state either that the 
production facility in which the articles were produced has been tested 
and found free of R. solanacearum race 3 biovar 2 or that R. 
solanacearum race 3 biovar 2 is not known to occur in the region in 
which the articles were produced. In order to import articles of 
Pelargonium spp. and Solanum spp., importers will need to obtain the 
additional declaration that must appear on the phytosanitary 
certificate from the national plant protection organization in the 
country of origin. We are soliciting comments from the public (as well 
as affected agencies) concerning our information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the 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 
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 4 hours per response.
    Respondents: Growers and State plant regulatory officials.
    Estimated annual number of respondents: 1,040.
    Estimated annual number of responses per respondent: 20.
    Estimated annual number of responses: 20,800.
    Estimated total annual burden on respondents: 83,200 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 interim 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, Logs, Nursery stock, 
Plant diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

0
Accordingly, we are amending 7 CFR 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

    Authority: 7 U.S.C. 450, 7711-7714, 7718, 7731, 7732, 7751-7754, 
and 7760; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.


0
2. In the table in Sec.  319.37-2(a), new entries for ``Pelargonium 
spp. not meeting the conditions for importation in Sec.  319.37-5(r)'' 
and ``Solanum spp. not meeting the conditions for importation in Sec.  
319.37-5(r)'' are added, in alphabetical order, to read as follows:


Sec.  319.37-2  Prohibited articles.

    (a) * * *

------------------------------------------------------------------------
                                                    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
------------------------------------------------------------------------

                              * * * * * * *
Pelargonium spp. not meeting  All.................  Potato brown rot
 the conditions for                                  (Ralstonia
 importation in Sec.                                 solanacearum race 3
 319.37-5(r).                                        biovar 2).


[[Page 28119]]


                              * * * * * * *
Solanum spp. not meeting the  All.................  Potato brown rot
 conditions for importation                          (Ralstonia
 in Sec.   319.37-5(r).                              solanacearum race 3
                                                     biovar 2).

                              * * * * * * *
------------------------------------------------------------------------

* * * * *

0
3. In Sec.  319.37-5, a new paragraph (r) is added and the OMB control 
number citation at the end of the section is revised to read as 
follows:


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

* * * * *
    (r) Any restricted article of Pelargonium spp. or Solanum spp. 
presented for importation into the United States must meet the 
following requirements:
    (1) Any article of Pelargonium spp. or Solanum spp. imported from 
Canada under the provisions of the greenhouse-grown restricted plant 
program as described in Sec.  319.37-4(c) may be presented for 
importation at the port of first arrival in the United States with a 
certificate of inspection in the form of a label in accordance with 
Sec.  319.37-4(c)(1)(iv).
    (2) For any article of Pelargonium spp. or Solanum spp. that does 
not meet the requirements of paragraph (r)(1) of this section and is 
from a region where Ralstonia solanacearum race 3 biovar 2 is not known 
to occur at the time of arrival at the port of first arrival in the 
United States, the phytosanitary certificate of inspection required by 
Sec.  319.37-4 must contain an additional declaration that states 
``Ralstonia solanacearum race 3 biovar 2 is not known to occur in the 
region of origin of the articles in this shipment.''
    (3) For any article of Pelargonium spp. or Solanum spp. that is 
from a region where Ralstonia solanacearum race 3 biovar 2 is known to 
occur at the time of arrival at the port of first arrival in the United 
States, the phytosanitary certificate of inspection required by Sec.  
319.37-4 must contain an additional declaration that states ``The 
production facility where these plants were produced has been tested 
and found to be free of Ralstonia solanacearum race 3 biovar 2.''

(Approved by the Office of Management and Budget under control 
number 0579-0049, 0579-0176, and 0579-0221.)

    Done in Washington, DC, this 16th day of May 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-12988 Filed 5-22-03; 8:45 am]

BILLING CODE 3410-34-P