Importation of Christmas Cactus and Easter Cactus in Growing Media From the Netherlands and Denmark, 21679-21682 [05-8372]
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21679
Proposed Rules
Federal Register
Vol. 70, No. 80
Wednesday, April 27, 2005
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.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. 04–082–1]
Importation of Christmas Cactus and
Easter Cactus in Growing Media From
the Netherlands and Denmark
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
SUMMARY: We are proposing to amend
the regulations governing the
importation of plants and plant
products to add Christmas cactus,
Schlumbergera spp., and Easter cactus,
Rhipsalidopsis spp., from the
Netherlands and Denmark to the list of
plants that may be imported in an
approved growing medium subject to
specified growing, inspection, and
certification requirements. We are
taking this action in response to
requests from the Netherlands and
Denmark and after determining that
Christmas cactus and Easter cactus
established in growing media can be
imported without resulting in the
introduction into the United States or
the dissemination within the United
States of a plant pest or noxious weed.
The proposed change would allow
Christmas cactus and Easter cactus
established in growing media to be
imported into the United States from the
Netherlands and Denmark under certain
conditions.
DATES: We will consider all comments
that we receive on or before June 27,
2005.
ADDRESSES: You may submit comments
by any of the following methods:
• EDOCKET: Go to https://
www.epa.gov/feddocket to submit or
view public comments, access the index
listing of the contents of the official
public docket, and to access those
documents in the public docket that are
available electronically. Once you have
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entered EDOCKET, click on the ‘‘View
Open APHIS Dockets’’ link to locate this
document.
• Postal Mail/Commercial Delivery:
Please send four copies of your
comment (an original and three copies)
to Docket No. 04–082–1, 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. 04–082–1.
• Federal eRulemaking Portal: Go to
https://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 on the Internet at https://
www.aphis.usda.gov/ppd/rad/
webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr.
Arnold T. Tschanz, Senior Staff Officer,
Regulatory Coordination Staff, PPQ,
APHIS, 4700 River Road Unit 141,
Riverdale, MD 20737–1236; (301) 734–
5306.
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 and noxious
weeds. The regulations in ‘‘Subpart—
Nursery Stock, Plants, Roots, Bulbs,
Seeds, and Other Plant Products,’’
§§ 319.37 through 319.37–14 (referred to
below as the regulations) contain,
among other things, prohibitions and
restrictions on the importation of plants,
plant parts, and seeds for propagation.
Paragraph (a) of § 319.37–8 of the
regulations requires, with certain
exceptions, that plants offered for
importation into the United States be
free of sand, soil, earth, and other
growing media. This requirement is
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intended to help prevent the
introduction of plant pests that might be
present in the growing media; the
exceptions to the requirement take into
account factors that mitigate that plant
pest risk. Those exceptions, which are
found in paragraphs (b) through (e) of
§ 319.37–8, consider either the origin of
the plants and growing media
(paragraph (b)), the nature of the
growing media (paragraphs (c) and (d)),
or the use of a combination of growing
conditions, approved media,
inspections, and other requirements
(paragraph (e)).
Paragraph (e) of § 319.37–8 provides
conditions under which certain plants
may be imported into the United States
established in growing media. In
addition to specifying the types of
plants that may be imported, § 319.37–
8(e) also:
• Specifies the types of growing
media that may be used;
• Requires plants to be grown in
accordance with written agreements
between APHIS and the plant protection
service of the country where the plants
are grown and between the foreign plant
protection service and the grower;
• Requires the plants to be rooted and
grown in a greenhouse that meets
certain requirements for pest exclusion
and that is used only for plants being
grown in compliance with § 319.37–
8(e);
• Restricts the source of the seeds or
parent plants used to produce the
plants, and requires grow-out or
treatment of parent plants imported into
the exporting country from another
country;
• Specifies the sources of water that
may be used on the plants, the height of
the benches on which the plants must
be grown, and the conditions under
which the plants must be stored and
packaged; and
• Requires that the plants be
inspected in the greenhouse and found
free of evidence of plant pests no more
than 30 days prior to the exportation of
the plants.
A phytosanitary certificate issued by
the plant protection service of the
country in which the plants were grown
that declares that the above conditions
have been met must accompany the
plants at the time of importation. These
conditions have been used successfully
to mitigate the risk of pest introduction
associated with the importation into the
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United States of approved plants
established in growing media.
The regulations currently allow the
importation of Christmas cactus,
Schlumbergera spp., and Easter cactus,
Rhipsalidopsis spp., from all countries
of the world, provided that the plants
are (1) free of sand, soil, earth, and other
growing media, (2) accompanied by
phytosanitary certificate of inspection,
(3) imported under a permit issued by
the Animal and Plant Health Inspection
Service (APHIS), and (4) imported into
a Federal plant inspection station listed
in § 319.37–14(b), where they are
subject to inspection by APHIS. Such
plants are imported bare-rooted into the
United States, and are rooted and potted
for sale by U.S. nurseries.
In 1994, the governments of the
Netherlands and Denmark requested
that APHIS consider amending the
regulations to allow Christmas cactus,
Schlumbergera spp., and Easter cactus,
Rhipsalidopsis spp., to be imported into
the United States under the provisions
of § 319.37–8(e). These countries
currently export bare-root Cactaceae
plants to the United States.
The regulations in § 319.37–8(g)
provide that requests such as those
made by the Netherlands and Denmark
will be evaluated by APHIS using
specific pest risk evaluation standards
that are based on pest risk analysis
guidelines established by the
International Plant Protection
Convention of the United Nations’ Food
and Agriculture Organization. Such
analyses are conducted to determine the
plant pest risks associated with each
requested plant article and to determine
whether or not APHIS should propose
to allow the requested plant article
established in growing media to be
imported into the United States.
In accordance with § 319.37–8(g),
APHIS has conducted the required pest
risk analyses. The pest risk analyses
may be viewed on the EDOCKET Web
site (see ADDRESSES above for
instructions for accessing EDOCKET).
Copies of the pest risk analyses may be
obtained by calling or writing to the
individual listed under FOR FURTHER
INFORMATION CONTACT.
In the pest risk analysis titled,
‘‘Importation of Christmas Cactus,
Schlumbergera spp., and Easter Cactus,
Rhipsalidopsis spp., in APHIS
Approved Growing Media into the
United States From the Netherlands,’’
APHIS identified one quarantine pest
that could potentially follow the import
pathway on Christmas cactus and Easter
cactus from the Netherlands: Fusarium
oxysporum Schlechtend. f.sp.
opuntiarum (Pettinari) Gordon (Fungi
Imperfecti: Hypomycetes). Because the
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use of clean stock and phytosanitary
greenhouse production programs
provides effective control for Fusarium
diseases, the pest risk analysis
concluded that the safeguards in
§ 319.37–8(e) would effectively remove
that and other pests from the import
pathway and allow the safe importation
of Christmas cactus and Easter cactus
from the Netherlands.
In the pest risk analysis titled,
‘‘Importation of Christmas Cactus,
Schlumbergera spp., and Easter Cactus,
Rhipsalidopsis spp., in APHIS
Approved Growing Media into the
United States From Denmark,’’ APHIS
determined that there are no quarantine
pests that follow the import pathway on
Christmas cactus and Easter cactus from
Denmark. The pest risk analysis
concluded that the safeguards in
§ 319.37–8(e) will effectively remove
any pests from the import pathway and
allow the safe importation of Christmas
cactus and Easter cactus from Denmark.
Under § 412(a) of the Plant Protection
Act, the Secretary of Agriculture may
prohibit or restrict the importation and
entry of any plant or plant product if the
Secretary determines that the
prohibition or restriction is necessary to
prevent the introduction into the United
States or the dissemination within the
United States of a plant pest or noxious
weed.
The Secretary has determined that it
is not necessary to prohibit the
importation of Christmas cactus and
Easter cactus from the Netherlands and
Denmark that are established in an
approved growing medium in order to
prevent the introduction into the United
States or the dissemination within the
United States of a plant pest or noxious
weed. This determination is based on
the findings of the pest risk analyses
and the Secretary’s judgment that the
application of the measures required
under § 319.37–8(e) will prevent the
introduction or dissemination of plant
pests into the United States.
Accordingly, we are proposing to
amend the regulations in § 319.37–8(e)
by adding Christmas cactus,
Schlumbergera spp., and Easter cactus,
Rhipsalidopsis spp., from the
Netherlands and Denmark to the list of
plants that may be imported established
in approved growing media. This
proposed change would allow
Christmas cactus and Easter cactus from
the Netherlands and Denmark to be
imported into the United States in
approved growing media provided the
plants were produced, handled, and
imported in accordance with § 319.37–
8(e) and are accompanied at the time of
importation by a phytosanitary
certificate issued by the plant protection
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service of the country in which the
plants were grown that declares that
those requirements have been met.
Executive Order 12866 and Regulatory
Flexibility Act
This proposed 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.
We are proposing to amend the
regulations to allow the importation of
Christmas cactus (Schlumbergera spp.)
and Easter cactus (Rhipsalidopsis spp.)
from the Netherlands and Denmark in
approved growing media subject to the
growing, inspection, and certification
requirements specified in 7 CFR 319.37–
8(e).
The United States is a net importer of
live trees and plants, with imports of
these products valued at $843.8 million
in 2003. The Netherlands accounted for
$147.1 million (17 percent) of U.S.
imports of these commodities in 2003.
In 2003, imports of live plants and trees
from Denmark totaled $1.1 million. The
value of unrooted cuttings imported
from the Netherlands and Denmark in
2003 totaled $0.9 million and $0.8
million, respectively. (Source: World
Trade Atlas, 2004.)
The United States exported a total of
$196.4 million worth of live trees and
plants in 2003. The Netherlands was the
second largest importer of live trees and
plants from the United States, importing
$33.9 million (17 percent), while
Denmark imported $0.3 million worth
of these products. Ninety-five percent of
the export value of live trees and plants
from the United States consisted of
products with no soil attached. Exports
of unrooted cuttings and slips were
valued at $10.8 million in 2003 with
$0.2 million (1.7 percent) of the exports
going to the Netherlands and no exports
to Denmark. (Source: World Trade
Atlas, 2004.)
In the U.S. market in 1998, the sales
of potted Christmas and Easter cactus
plants totaled $5 million, while the
sales value of hanging baskets of these
plants was $680,000. Christmas and
Easter cactus accounted for only 0.9
percent of the total number and for only
0.6 percent of the sales value of potted
plants sold in the United States. As for
hanging baskets of potted flowering
plants, these two species only
accounted for 4.1 percent of the total
number and for 3.4 percent of the sales
value of hanging baskets sold in the
United States. (Source: Census of
Horticultural Specialties, 1998.)
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The Regulatory Flexibility Act
requires agencies to specifically
consider the economic impact of their
rules on small entities. As determined
by the Small Business Administration,
the small entity size standard for
floriculture production (North American
Industry Classification System [NAICS]
code 111422) is $750,000 or less in
annual receipts. Flower, nursery stock,
and florists’ supplies merchant
wholesalers (NAICS code 424930) are
considered to be small if they employ
100 or fewer individuals. Although
there is no information available
describing the size or number of entities
selling Schlumbergera spp. and
Rhipsalidopsis spp. plants specifically,
U.S. producers would not likely be
affected by the changes we are
proposing. Few local growers specialize
in the production of the plants covered
by this proposed rule and should be
able to compete in the market due to the
size and quality of their product. Also,
U.S. producers are likely to stay
competitive, as growers from the
Netherlands and Denmark will have to
pay additional shipping costs and
phytosanitary compliance costs when
shipping to the United States. Because
of these increased costs, few growers in
the Netherlands and Denmark are
expected to participate in this program.
This change would likely benefit
importers and consumers in the United
States. Because the plants would be
imported in approved growing media
instead of arriving unpotted, U.S.
importers of Schlumbergera spp. and
Rhipsalidopsis spp. would be able to
sell them immediately after arrival.
Also, U.S. consumers would benefit
from an increased availability of the
plants.
Because Christmas cactus and Easter
cactus comprise a small fraction of the
domestic supply of potted flowering
plants and relatively few producers in
the Netherlands and Denmark are
expected to be involved in the program,
no significant change in supply or price
of Schlumbergera spp. and
Rhipsalidopsis spp. is expected.
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 would allow
Schlumbergera spp. and Rhipsalidopsis
spp. plants to be imported in approved
growing media into the United States
from the Netherlands and Denmark.
State and local laws and regulations
regarding imported Schlumbergera spp.
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and Rhipsalidopsis spp. plants would
be preempted while the plants are in
foreign commerce. Potted plants are
generally imported for immediate
distribution and sale to the consuming
public, and remain in foreign commerce
until sold to the ultimate consumer. The
question of when foreign commerce
ceases in other cases must be addressed
on a case-by-case basis. If this proposed
rule is adopted, no retroactive effect will
be given to this rule, and this rule will
not require administrative proceedings
before parties may file suit in court
challenging this rule.
National Environmental Policy Act
To provide the public with
documentation of APHIS’ review and
analysis of any potential environmental
impacts associated with the proposed
importation of Christmas cactus and
Easter cactus in growing media from the
Netherlands and Denmark, we have
prepared an environmental assessment.
The environmental assessment was
prepared in accordance with: (1) The
National Environmental Policy Act of
1969 (NEPA), as amended (42 U.S.C.
4321 et seq.), (2) regulations of the
Council on Environmental Quality for
implementing the procedural provisions
of NEPA (40 CFR parts 1500–1508), (3)
USDA regulations implementing NEPA
(7 CFR part 1b), and (4) APHIS’ NEPA
Implementing Procedures (7 CFR part
372).
The environmental assessment may
be viewed on the EDOCKET Web site
(see ADDRESSES above for instructions
for accessing EDOCKET). Copies of the
environmental assessment are also
available for public inspection in our
reading room. (Information on the
location and hours of the reading room
is provided under the heading
ADDRESSES at the beginning of this
proposed rule). In addition, copies may
be obtained by calling or writing to the
individual listed under FOR FURTHER
INFORMATION CONTACT.
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. 04–082–1. Please
send a copy of your comments to: (1)
Docket No. 04–082–1, Regulatory
Analysis and Development, PPD,
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21681
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.
APHIS is proposing to amend the
regulations governing the importation of
plants and plant products to add
Christmas cactus, Schlumbergera spp.,
and Easter cactus, Rhipsalidopsis spp.,
from the Netherlands and Denmark to
the list of plants that may be imported
in an approved growing media subject
to specified growing, inspection, and
certification requirements. APHIS is
taking this action in response to
requests by the Netherlands and
Denmark and after determining that
Schlumbergera spp. and Rhipsalidopsis
spp. established in growing media can
be imported without resulting in the
introduction into the United States or
the dissemination within the United
States of a plant pest or noxious weed.
The proposed change would allow
Schlumbergera spp. and Rhipsalidopsis
spp. established in growing media to be
imported into the United States from the
Netherlands and Denmark under certain
conditions.
Under this proposed rule, the plants
would have to be grown in accordance
with written agreements between APHIS
and the plant protection service of the
country where the plants are grown, and
between the foreign plant protection
service and the grower. In addition, the
plants would have to be accompanied
by a phytosanitary certificate issued by
the plant protection service of the
country in which the plants were grown
that declares that the plants have been
grown in accordance with the
conditions set forth in the regulations.
We are soliciting comments from the
public 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
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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 0.5714 hours per
response.
Respondents: Plant protection
authorities (foreign) and growers.
Estimated annual number of
respondents: 20.
Estimated annual number of
responses per respondent: 10.5.
Estimated annual number of
responses: 210.
Estimated total annual burden on
respondents: 120 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
Coffee, Cotton, Fruits, Honey,
Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, 7 CFR part 319 would be
amended 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.
§ 319.37–8
[Amended]
2. In § 319.37–8, in the introductory
text of paragraph (e), the list of plants
would be amended by removing the
period after the word ‘‘Saintpaulia’’ and
by adding, in alphabetical order, entries
for ‘‘Rhipsalidopsis spp. from the
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Netherlands and Denmark’’ and
‘‘Schlumbergera spp. from the
Netherlands and Denmark’’.
Done in Washington, DC, this 21st day of
April 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 05–8372 Filed 4–26–05; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 915
[Docket No. FV05–915–1 PR]
Avocados Grown in South Florida;
Increased Assessment Rate
AGENCY:
Agricultural Marketing Service,
USDA.
ACTION:
Proposed rule.
SUMMARY: This rule would increase the
assessment rate established for the
Avocado Administrative Committee
(Committee) for the 2005–06 and
subsequent fiscal years from $0.20 to
$0.27 per 55-pound bushel container or
equivalent of avocados handled. The
Committee locally administers the
marketing order which regulates the
handling of avocados grown in South
Florida. Authorization to assess avocado
handlers enables the Committee to incur
expenses that are reasonable and
necessary to administer the program.
The fiscal year began April 1 and ends
March 31. The assessment rate would
remain in effect indefinitely unless
modified, suspended, or terminated.
DATES: Comments must be received by
May 27, 2005.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue SW., STOP 0237,
Washington, DC 20250–0237; Fax: (202)
720–8938; E-mail:
moab.docketclerk@usda.gov; or Internet:
https://www.regulations.gov. Comments
should reference the docket number and
the date and page number of this issue
of the Federal Register and will be
available for public inspection in the
Office of the Docket Clerk during regular
business hours, or can be viewed at:
https://www.ams.usda.gov/fv/moab.html.
FOR FURTHER INFORMATION CONTACT:
William G. Pimental, Marketing
Specialist, Southeast Marketing Field
Office, Fruit and Vegetable Programs,
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AMS, USDA, 799 Overlook Drive, Suite
A, Winter Haven, Florida 33884:
Telephone: (863) 324–3375, Fax: (863)
325–8793; or George Kelhart, Technical
Advisor, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP
0237, Washington, DC 20250–0237;
Telephone: (202) 720–2491, Fax: (202)
720–8938.
Small businesses may request
information on complying with this
regulation by contacting Jay Guerber,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or E-mail:
Jay.Guerber@usda.gov.
This rule
is issued under Marketing Agreement
No. 121 and Order No. 915, both as
amended (7 CFR part 915), regulating
the handling of avocados grown in
South Florida, hereinafter referred to as
the ‘‘order.’’ The order is effective under
the Agricultural Marketing Agreement
Act of 1937, as amended (7 U.S.C. 601–
674), hereinafter referred to as the
‘‘Act.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. Under the marketing order now
in effect, Florida avocado handlers are
subject to assessments. Funds to
administer the order are derived from
such assessments. It is intended that the
assessment rate as proposed herein
would be applicable to all assessable
avocados beginning on April 1, 2005,
and continue until amended,
suspended, or terminated. This rule will
not preempt any State or local laws,
regulations, or policies, unless they
present an irreconcilable conflict with
this rule.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. Such
handler is afforded the opportunity for
a hearing on the petition. After the
hearing USDA would rule on the
petition. The Act provides that the
district court of the United States in any
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Proposed Rules]
[Pages 21679-21682]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8372]
========================================================================
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. 70, No. 80 / Wednesday, April 27, 2005 /
Proposed Rules
[[Page 21679]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 04-082-1]
Importation of Christmas Cactus and Easter Cactus in Growing
Media From the Netherlands and Denmark
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations governing the
importation of plants and plant products to add Christmas cactus,
Schlumbergera spp., and Easter cactus, Rhipsalidopsis spp., from the
Netherlands and Denmark to the list of plants that may be imported in
an approved growing medium subject to specified growing, inspection,
and certification requirements. We are taking this action in response
to requests from the Netherlands and Denmark and after determining that
Christmas cactus and Easter cactus established in growing media can be
imported without resulting in the introduction into the United States
or the dissemination within the United States of a plant pest or
noxious weed. The proposed change would allow Christmas cactus and
Easter cactus established in growing media to be imported into the
United States from the Netherlands and Denmark under certain
conditions.
DATES: We will consider all comments that we receive on or before June
27, 2005.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to https://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 04-082-1,
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. 04-082-1.
Federal eRulemaking Portal: Go to https://
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 on the Internet at https://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Arnold T. Tschanz, Senior Staff
Officer, Regulatory Coordination Staff, PPQ, APHIS, 4700 River Road
Unit 141, Riverdale, MD 20737-1236; (301) 734-5306.
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 and noxious weeds. The
regulations 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) contain, among other things,
prohibitions and restrictions on the importation of plants, plant
parts, and seeds for propagation.
Paragraph (a) of Sec. 319.37-8 of the regulations requires, with
certain exceptions, that plants offered for importation into the United
States be free of sand, soil, earth, and other growing media. This
requirement is intended to help prevent the introduction of plant pests
that might be present in the growing media; the exceptions to the
requirement take into account factors that mitigate that plant pest
risk. Those exceptions, which are found in paragraphs (b) through (e)
of Sec. 319.37-8, consider either the origin of the plants and growing
media (paragraph (b)), the nature of the growing media (paragraphs (c)
and (d)), or the use of a combination of growing conditions, approved
media, inspections, and other requirements (paragraph (e)).
Paragraph (e) of Sec. 319.37-8 provides conditions under which
certain plants may be imported into the United States established in
growing media. In addition to specifying the types of plants that may
be imported, Sec. 319.37-8(e) also:
Specifies the types of growing media that may be used;
Requires plants to be grown in accordance with written
agreements between APHIS and the plant protection service of the
country where the plants are grown and between the foreign plant
protection service and the grower;
Requires the plants to be rooted and grown in a greenhouse
that meets certain requirements for pest exclusion and that is used
only for plants being grown in compliance with Sec. 319.37-8(e);
Restricts the source of the seeds or parent plants used to
produce the plants, and requires grow-out or treatment of parent plants
imported into the exporting country from another country;
Specifies the sources of water that may be used on the
plants, the height of the benches on which the plants must be grown,
and the conditions under which the plants must be stored and packaged;
and
Requires that the plants be inspected in the greenhouse
and found free of evidence of plant pests no more than 30 days prior to
the exportation of the plants.
A phytosanitary certificate issued by the plant protection service
of the country in which the plants were grown that declares that the
above conditions have been met must accompany the plants at the time of
importation. These conditions have been used successfully to mitigate
the risk of pest introduction associated with the importation into the
[[Page 21680]]
United States of approved plants established in growing media.
The regulations currently allow the importation of Christmas
cactus, Schlumbergera spp., and Easter cactus, Rhipsalidopsis spp.,
from all countries of the world, provided that the plants are (1) free
of sand, soil, earth, and other growing media, (2) accompanied by
phytosanitary certificate of inspection, (3) imported under a permit
issued by the Animal and Plant Health Inspection Service (APHIS), and
(4) imported into a Federal plant inspection station listed in Sec.
319.37-14(b), where they are subject to inspection by APHIS. Such
plants are imported bare-rooted into the United States, and are rooted
and potted for sale by U.S. nurseries.
In 1994, the governments of the Netherlands and Denmark requested
that APHIS consider amending the regulations to allow Christmas cactus,
Schlumbergera spp., and Easter cactus, Rhipsalidopsis spp., to be
imported into the United States under the provisions of Sec. 319.37-
8(e). These countries currently export bare-root Cactaceae plants to
the United States.
The regulations in Sec. 319.37-8(g) provide that requests such as
those made by the Netherlands and Denmark will be evaluated by APHIS
using specific pest risk evaluation standards that are based on pest
risk analysis guidelines established by the International Plant
Protection Convention of the United Nations' Food and Agriculture
Organization. Such analyses are conducted to determine the plant pest
risks associated with each requested plant article and to determine
whether or not APHIS should propose to allow the requested plant
article established in growing media to be imported into the United
States.
In accordance with Sec. 319.37-8(g), APHIS has conducted the
required pest risk analyses. The pest risk analyses may be viewed on
the EDOCKET Web site (see ADDRESSES above for instructions for
accessing EDOCKET). Copies of the pest risk analyses may be obtained by
calling or writing to the individual listed under FOR FURTHER
INFORMATION CONTACT.
In the pest risk analysis titled, ``Importation of Christmas
Cactus, Schlumbergera spp., and Easter Cactus, Rhipsalidopsis spp., in
APHIS Approved Growing Media into the United States From the
Netherlands,'' APHIS identified one quarantine pest that could
potentially follow the import pathway on Christmas cactus and Easter
cactus from the Netherlands: Fusarium oxysporum Schlechtend. f.sp.
opuntiarum (Pettinari) Gordon (Fungi Imperfecti: Hypomycetes). Because
the use of clean stock and phytosanitary greenhouse production programs
provides effective control for Fusarium diseases, the pest risk
analysis concluded that the safeguards in Sec. 319.37-8(e) would
effectively remove that and other pests from the import pathway and
allow the safe importation of Christmas cactus and Easter cactus from
the Netherlands.
In the pest risk analysis titled, ``Importation of Christmas
Cactus, Schlumbergera spp., and Easter Cactus, Rhipsalidopsis spp., in
APHIS Approved Growing Media into the United States From Denmark,''
APHIS determined that there are no quarantine pests that follow the
import pathway on Christmas cactus and Easter cactus from Denmark. The
pest risk analysis concluded that the safeguards in Sec. 319.37-8(e)
will effectively remove any pests from the import pathway and allow the
safe importation of Christmas cactus and Easter cactus from Denmark.
Under Sec. 412(a) of the Plant Protection Act, the Secretary of
Agriculture may prohibit or restrict the importation and entry of any
plant or plant product if the Secretary determines that the prohibition
or restriction is necessary to prevent the introduction into the United
States or the dissemination within the United States of a plant pest or
noxious weed.
The Secretary has determined that it is not necessary to prohibit
the importation of Christmas cactus and Easter cactus from the
Netherlands and Denmark that are established in an approved growing
medium in order to prevent the introduction into the United States or
the dissemination within the United States of a plant pest or noxious
weed. This determination is based on the findings of the pest risk
analyses and the Secretary's judgment that the application of the
measures required under Sec. 319.37-8(e) will prevent the introduction
or dissemination of plant pests into the United States.
Accordingly, we are proposing to amend the regulations in Sec.
319.37-8(e) by adding Christmas cactus, Schlumbergera spp., and Easter
cactus, Rhipsalidopsis spp., from the Netherlands and Denmark to the
list of plants that may be imported established in approved growing
media. This proposed change would allow Christmas cactus and Easter
cactus from the Netherlands and Denmark to be imported into the United
States in approved growing media provided the plants were produced,
handled, and imported in accordance with Sec. 319.37-8(e) and are
accompanied at the time of importation by a phytosanitary certificate
issued by the plant protection service of the country in which the
plants were grown that declares that those requirements have been met.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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.
We are proposing to amend the regulations to allow the importation
of Christmas cactus (Schlumbergera spp.) and Easter cactus
(Rhipsalidopsis spp.) from the Netherlands and Denmark in approved
growing media subject to the growing, inspection, and certification
requirements specified in 7 CFR 319.37-8(e).
The United States is a net importer of live trees and plants, with
imports of these products valued at $843.8 million in 2003. The
Netherlands accounted for $147.1 million (17 percent) of U.S. imports
of these commodities in 2003. In 2003, imports of live plants and trees
from Denmark totaled $1.1 million. The value of unrooted cuttings
imported from the Netherlands and Denmark in 2003 totaled $0.9 million
and $0.8 million, respectively. (Source: World Trade Atlas, 2004.)
The United States exported a total of $196.4 million worth of live
trees and plants in 2003. The Netherlands was the second largest
importer of live trees and plants from the United States, importing
$33.9 million (17 percent), while Denmark imported $0.3 million worth
of these products. Ninety-five percent of the export value of live
trees and plants from the United States consisted of products with no
soil attached. Exports of unrooted cuttings and slips were valued at
$10.8 million in 2003 with $0.2 million (1.7 percent) of the exports
going to the Netherlands and no exports to Denmark. (Source: World
Trade Atlas, 2004.)
In the U.S. market in 1998, the sales of potted Christmas and
Easter cactus plants totaled $5 million, while the sales value of
hanging baskets of these plants was $680,000. Christmas and Easter
cactus accounted for only 0.9 percent of the total number and for only
0.6 percent of the sales value of potted plants sold in the United
States. As for hanging baskets of potted flowering plants, these two
species only accounted for 4.1 percent of the total number and for 3.4
percent of the sales value of hanging baskets sold in the United
States. (Source: Census of Horticultural Specialties, 1998.)
[[Page 21681]]
The Regulatory Flexibility Act requires agencies to specifically
consider the economic impact of their rules on small entities. As
determined by the Small Business Administration, the small entity size
standard for floriculture production (North American Industry
Classification System [NAICS] code 111422) is $750,000 or less in
annual receipts. Flower, nursery stock, and florists' supplies merchant
wholesalers (NAICS code 424930) are considered to be small if they
employ 100 or fewer individuals. Although there is no information
available describing the size or number of entities selling
Schlumbergera spp. and Rhipsalidopsis spp. plants specifically, U.S.
producers would not likely be affected by the changes we are proposing.
Few local growers specialize in the production of the plants covered by
this proposed rule and should be able to compete in the market due to
the size and quality of their product. Also, U.S. producers are likely
to stay competitive, as growers from the Netherlands and Denmark will
have to pay additional shipping costs and phytosanitary compliance
costs when shipping to the United States. Because of these increased
costs, few growers in the Netherlands and Denmark are expected to
participate in this program.
This change would likely benefit importers and consumers in the
United States. Because the plants would be imported in approved growing
media instead of arriving unpotted, U.S. importers of Schlumbergera
spp. and Rhipsalidopsis spp. would be able to sell them immediately
after arrival. Also, U.S. consumers would benefit from an increased
availability of the plants.
Because Christmas cactus and Easter cactus comprise a small
fraction of the domestic supply of potted flowering plants and
relatively few producers in the Netherlands and Denmark are expected to
be involved in the program, no significant change in supply or price of
Schlumbergera spp. and Rhipsalidopsis spp. is expected.
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 would allow Schlumbergera spp. and
Rhipsalidopsis spp. plants to be imported in approved growing media
into the United States from the Netherlands and Denmark. State and
local laws and regulations regarding imported Schlumbergera spp. and
Rhipsalidopsis spp. plants would be preempted while the plants are in
foreign commerce. Potted plants are generally imported for immediate
distribution and sale to the consuming public, and remain in foreign
commerce until sold to the ultimate consumer. The question of when
foreign commerce ceases in other cases must be addressed on a case-by-
case basis. If this proposed rule is adopted, no retroactive effect
will be given to this rule, and this rule will not require
administrative proceedings before parties may file suit in court
challenging this rule.
National Environmental Policy Act
To provide the public with documentation of APHIS' review and
analysis of any potential environmental impacts associated with the
proposed importation of Christmas cactus and Easter cactus in growing
media from the Netherlands and Denmark, we have prepared an
environmental assessment. The environmental assessment was prepared in
accordance with: (1) The National Environmental Policy Act of 1969
(NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of the
Council on Environmental Quality for implementing the procedural
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing
Procedures (7 CFR part 372).
The environmental assessment may be viewed on the EDOCKET Web site
(see ADDRESSES above for instructions for accessing EDOCKET). Copies of
the environmental assessment are also available for public inspection
in our reading room. (Information on the location and hours of the
reading room is provided under the heading ADDRESSES at the beginning
of this proposed rule). In addition, copies may be obtained by calling
or writing to the individual listed under FOR FURTHER INFORMATION
CONTACT.
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. 04-082-1.
Please send a copy of your comments to: (1) Docket No. 04-082-1,
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.
APHIS is proposing to amend the regulations governing the
importation of plants and plant products to add Christmas cactus,
Schlumbergera spp., and Easter cactus, Rhipsalidopsis spp., from the
Netherlands and Denmark to the list of plants that may be imported in
an approved growing media subject to specified growing, inspection, and
certification requirements. APHIS is taking this action in response to
requests by the Netherlands and Denmark and after determining that
Schlumbergera spp. and Rhipsalidopsis spp. established in growing media
can be imported without resulting in the introduction into the United
States or the dissemination within the United States of a plant pest or
noxious weed. The proposed change would allow Schlumbergera spp. and
Rhipsalidopsis spp. established in growing media to be imported into
the United States from the Netherlands and Denmark under certain
conditions.
Under this proposed rule, the plants would have to be grown in
accordance with written agreements between APHIS and the plant
protection service of the country where the plants are grown, and
between the foreign plant protection service and the grower. In
addition, the plants would have to be accompanied by a phytosanitary
certificate issued by the plant protection service of the country in
which the plants were grown that declares that the plants have been
grown in accordance with the conditions set forth in the regulations.
We are soliciting comments from the public 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
[[Page 21682]]
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 0.5714 hours per response.
Respondents: Plant protection authorities (foreign) and growers.
Estimated annual number of respondents: 20.
Estimated annual number of responses per respondent: 10.5.
Estimated annual number of responses: 210.
Estimated total annual burden on respondents: 120 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
Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, 7 CFR part 319 would be amended 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.
Sec. 319.37-8 [Amended]
2. In Sec. 319.37-8, in the introductory text of paragraph (e),
the list of plants would be amended by removing the period after the
word ``Saintpaulia'' and by adding, in alphabetical order, entries for
``Rhipsalidopsis spp. from the Netherlands and Denmark'' and
``Schlumbergera spp. from the Netherlands and Denmark''.
Done in Washington, DC, this 21st day of April 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-8372 Filed 4-26-05; 8:45 am]
BILLING CODE 3410-34-P
