Importation of Dracaena Plants From Costa Rica, 37997-38000 [2012-15542]
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37997
Rules and Regulations
Federal Register
Vol. 77, No. 123
Tuesday, June 26, 2012
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
7 CFR Part 319
[Docket No. APHIS–2011–0073]
RIN 0579–AD54
Importation of Dracaena Plants From
Costa Rica
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending the plants
for planting regulations to provide
conditions for the importation into the
continental United States of Dracaena
spp. plants from Costa Rica. These
conditions will apply to plants less than
460 mm in length, which are currently
allowed to be imported, and will also
allow for the importation of plants over
460 mm and up to 1,371.6 mm in
length, which are currently prohibited.
As a condition of entry, Dracaena spp.
plants from Costa Rica will have to be
produced in accordance with integrated
pest risk management measures that
will include requirements for
registration of place of production and
packinghouses, a pest management
plan, inspection for quarantine pests,
sanitation, and traceability from place of
production through the packing and
export facility and to the port of entry
into the United States. All Dracaena
spp. plants from Costa Rica will also be
required to be accompanied by a
phytosanitary certificate with an
additional declaration stating that all
conditions for the importation of the
plants have been met and that the
consignment of plants has been
inspected and found free of quarantine
pests. This action will allow for the
importation of oversized Dracaena spp.
plants from Costa Rica into the United
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DATES:
Effective Date: July 26, 2012.
Mr.
William D. Aley, Senior Import
Specialist, Plants for Planting Policy,
PPQ, APHIS, 4700 River Road, Unit 136,
Riverdale, MD 20737–1231; (301) 851–
2130.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
Animal and Plant Health Inspection
Service
SUMMARY:
States while continuing to provide
protection against the introduction of
quarantine pests.
The regulations in ‘‘Subpart—Plants
for Planting’’ (7 CFR 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
planting to prevent the introduction and
dissemination of plant pests that are
new to or not widely distributed within
the United States.
Dracaena is a genus of about 40
species of tree- and shrub-like plants.
Several species are grown as
houseplants for their decorative straplike foliage, low maintenance
requirements, and tolerance of a wide
range of growing conditions. Popular
Dracaena spp. houseplants include
Dracaena fragrans, commonly known as
the corn plant, and Dracaena
sanderiana, commonly known as lucky
bamboo.
Currently, whole and intact Dracaena
spp. plants (including roots, stems, and
leaves) may be imported into the United
States only if they meet the size
requirements in § 319.37–2(b)(6)(i) and
other general requirements in the
regulations. The regulations currently
allow only Dracaena spp. plants less
than 460 mm (approximately 18 inches)
in length. The size requirement was
established because plants of that size
are easily inspected and, if necessary,
treated for pests; the size and density of
growth of larger plants makes them
more difficult to inspect and treat.
On November 1, 2011, we published
in the Federal Register (76 FR 67379–
67384, Docket No. APHIS–2011–0073) a
proposal 1 to amend the plants for
planting regulations to provide
conditions for the importation into the
1 To view the proposed rule, supporting
documents, and the comments we received, go to
https://www.regulations.gov/
#!docketDetail;D=APHIS–2011–0073.
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continental United States of Dracaena
spp. plants from Costa Rica.
We solicited comments concerning
our proposal for 60 days ending January
3. 2012. We received six comments by
that date. They were from foreign and
domestic industry associations, an
importer, a State agriculture
department, and a private citizen. The
comments were generally supportive
but raised two questions concerning the
proposed rule.
One commenter asked if the Animal
and Plant Health Inspection Service
(APHIS) would be supplying copies of
the bilateral workplan to domestic
stakeholders for review.
Bilateral workplans are agreements
between APHIS and the national plant
protection organization (NPPO) of a
foreign Government and are not
typically circulated for stakeholder
review. However, they are public
documents and interested stakeholders
may obtain copies of the workplan by
calling or writing to the individual
listed under FOR FURTHER INFORMATION
CONTACT.
Two commenters stated that site visits
should be conducted to ensure that the
requirements of the bilateral workplan
are met. One of these commenters
expressed an interest in participating in
site visits.
As we explained in the proposed rule,
APHIS may conduct site visits to
inspect and monitor the pest
management program. In the past,
representatives of U.S. domestic
industries have accompanied APHIS
personnel on site visits at the invitation
of the host NPPO, so it is a possibility
that domestic stakeholders could
accompany an APHIS representative
traveling to Costa Rica. We do expect,
however, that the routine site visits will
most often be carried out by APHIS field
personnel in Costa Rica as part of their
routine duties rather than by U.S.-based
personnel who would have to travel to
Costa Rica to visit production and
packing sites.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, without change.
Executive Order 12866 and Regulatory
Flexibility Act
This final rule has been determined to
be not significant for the purposes of
Executive Order 12866 and, therefore,
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Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Rules and Regulations
has not been reviewed by the Office of
Management and Budget.
In accordance with 5 U.S.C. 604, we
have prepared a final regulatory
flexibility analysis, which is
summarized below, regarding the
economic effects of this rule on small
entities. Copies of the full analysis are
available on the Regulations.gov Web
site (see footnote 1 in this document for
a link to Regulations.gov) or by
contacting the person listed under FOR
FURTHER INFORMATION CONTACT.
The United States imports
approximately 25 million Dracaena spp.
plants from Costa Rica annually. On
average, APHIS intercepts pests in, and
applies treatments to, over 8 percent of
the Dracaena consignments and
destroys less than 1 percent. Production,
packing, storing and exportation of
Dracaena spp. plants in accordance
with the integrated pest risk
management measures set forth in the
rule will reduce pest infestations,
subsequent pest interceptions, and the
need to fumigate or destroy infested
consignments at ports of entry.
The oversized Dracaena spp. plants
will be of greater value than the smaller
plants currently allowed entry, and we
expect U.S. nurseries will adjust to new
marketing opportunities afforded by the
larger plants. Most U.S. nurseries and
other entities that may be affected by
this rule are small.
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.
National Environmental Policy Act
An environmental assessment and
finding of no significant impact have
been prepared for this final rule. The
environmental assessment provides a
basis for the conclusion that the
importation of Dracaena spp. plants
from Costa Rica under the conditions
specified in this rule will not have a
significant impact on the quality of the
human environment. Based on the
finding of no significant impact, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that an environmental
impact statement need not be prepared.
The environmental assessment and
finding of no significant impact were
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 and
finding of no significant impact may be
viewed on the Regulations.gov Web
site.2 Copies of the environmental
assessment and finding of no significant
impact are also available for public
inspection at USDA, room 1141, South
Building, 14th Street and Independence
Avenue SW., Washington, DC, between
8 a.m. and 4:30 p.m., Monday through
Friday, except holidays. Persons
wishing to inspect copies are requested
to call ahead on (202) 690–2817 to
facilitate entry into the reading room. In
addition, copies may be obtained by
writing to the individual listed under
FOR FURTHER INFORMATION CONTACT.
Paperwork Reduction Act
This rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs,
Nursery stock, Plant diseases and pests,
Quarantine, Reporting and
recordkeeping requirements, Rice,
Vegetables.
Accordingly, we amend 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. 450, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
2. Section 319.37–2 is amended as
follows:
■ a. In the table in paragraph (a), by
adding a new entry for ‘‘Dracaena spp.
plants not meeting the conditions for
import in § 319.37–5 (y)’’, in
alphabetical order, to read as set forth
below.
■ b. In paragraph (b)(6)(i), by adding the
words ‘‘Dracaena spp. plants from Costa
Rica meeting the conditions of § 319.37–
5(y),’’ after the citation ‘‘§ 319.37–5(q),’’.
■
§ 319.37–2
Prohibited articles.
(a) * * *
Prohibited article
(includes seeds only if
specifically mentioned)
Foreign places
from which
prohibited
Quarantine pests existing in the places named and capable
of being transported with the prohibited article
*
Dracaena spp. plants not
meeting the conditions
for import in § 319.37–
5(y).
*
Costa Rica ........
*
*
*
*
*
Ancistrocercus circumdatus; Caldwelliola reservata; Chaetanaphothrips signipennis (banana rust
thrips); Coccus viridis (green scale); Diplosolenodes occidentalis (spotted leatherleaf slug);
Erioloides consobrinus; Neoconocephalus affinis (rattler conehead katydid); Oncometopia
clarior (blue sharpshooter); Ovachlamys fulgens; Palliferra costaricensis (Costa Rica mantle
slug); Planococcus minor (passionvine mealybug); Pseudococcus landoi (lando mealybug);
Sarasinula plebeia (Caribbean leatherleaf slug); Succinea costaricana; Xylosandrus morigerus
(brown coffee twig beetle).
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*
*
*
*
*
*
*
*
3. In § 319.37–5, a new paragraph (y)
is added to read as follows:
■
2 Go to https://www.regulations.gov/#!docket
Detail;D=APHIS–2011–0073. The environmental
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*
*
§ 319.37–5 Special foreign inspection and
certification requirements.
*
*
*
*
*
*
(y) Special foreign inspection and
certification requirements for Dracaena
spp. plants from Costa Rica. Dracaena
spp. plants from Costa Rica may only be
assessment and finding of no significant impact will
appear in the resulting list of documents.
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Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Rules and Regulations
imported into the continental United
States in accordance with the
requirements of this paragraph (y), to
prevent the plant pests Ancistrocercus
circumdatus, Caldwelliola reservata,
Chaetanaphothrips signipennis, Coccus
viridis, Diplosolenodes occidentalis,
Erioloides consobrinus,
Neoconocephalus affinis, Oncometopia
clarior, Ovachlamys fulgens, Palliferra
costaricensis, Planococcus minor,
Pseudococcus landoi, Sarasinula
plebeia, Succinea costaricana, and
Xylosandrus morigerus from entering
the United States.
(1) Size requirements. Dracaena spp.
plants from Costa Rica imported into the
continental United States may not
exceed 1,371.6 mm (approximately 54
inches) in length from the soil line (or
top of the rooting zone for plants
produced by air layering) to the farthest
terminal growing point.
(2) Bilateral workplan. The national
plant protection organization (NPPO) of
Costa Rica must provide a bilateral
workplan to APHIS that details the
activities that the NPPO of Costa Rica
will, subject to APHIS’ approval of the
workplan, carry out to meet the
requirements of this paragraph (y).
(3) Phytosanitary certificate. The
phytosanitary certificate of inspection
required by § 319.37–4 that
accompanies each consignment of
Dracaena spp. plants from Costa Rica
must contain additional declarations
that the plants in the consignment have
been produced, packed, stored, and
exported in accordance with the
requirements of this paragraph (y) and
the bilateral workplan, and that the
consignment has been inspected and
found free of quarantine pests.
(4) Participant registration and
agreement. Persons in Costa Rica who
produce, pack, or ship Dracaena spp.
plants for export to the United States
must:
(i) Be registered and approved by the
NPPO of Costa Rica; and
(ii) Enter into an agreement with the
NPPO of Costa Rica whereby the
persons agree to participate in and
follow the export program for Dracaena
spp. plants established by the NPPO of
Costa Rica.
(5) Facility registration and
agreement. Production, packing, and
export facilities must be approved and
registered by the NPPO of Costa Rica.
Registered packing and export facilities
may only accept plants from registered
production facilities where plants are
grown in compliance with the
requirements of this paragraph (y) and
the bilateral workplan. The NPPO of
Costa Rica will provide APHIS with
access to the list of registered facilities
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at least annually and when changes
occur.
(6) Training. Participants and
personnel at approved production,
packing, and export facilities must be
trained in the requirements of this
paragraph (y) and the bilateral workplan
and in recognizing the quarantine listed
in this paragraph (y). Training records
must be maintained and made available
to the NPPO of Costa Rica and APHIS
on request.
(7) Pest management program.
Participants must establish a pest
management program for all approved
production, packing, and export
facilities. Pest management programs
must include field or facility scouting,
monitoring, and control of target pests,
and must be monitored and approved by
the NPPO of Costa Rica. APHIS may
visit sites to inspect and monitor the
pest management program. Each
approved facility must have a trained,
dedicated person to supervise the pest
management program. Records of pest
management activities must be
maintained and made available to the
NPPO of Costa Rica and APHIS upon
request.
(8) Sanitation. Sanitation measures
must be maintained at approved
production, packing, and export
facilities. Fallen or discarded plant
material and debris, or plants with
pests, must be removed and must not be
included in field containers brought
from production to packing facilities for
export. Packing facilities must be free of
sand, soil, earth, and plant pests, and
phytosanitary practices adequate to
exclude pests must be employed.
Equipment, materials, and tools must be
sanitized to avoid spreading pests or to
prevent recontamination.
(9) Inspections. Inspections
undertaken in the export program for
Dracaena spp. plants established by the
NPPO of Costa Rica will include, but
may not be limited to, the following:
(i) Approved production, packing,
and export facilities must be inspected
by dedicated trained personnel at the
approved facilities at least once weekly,
and by the NPPO of Costa Rica at least
once monthly.
(ii) Packing materials and shipping
containers for the plants must be
approved by APHIS and inspected by
the NPPO of Costa Rica to ensure that
they do not introduce pests of concern
to the plants.
(iii) Inspection dates and results must
be recorded and made available to
APHIS upon request.
(10) Traceability. Participants must
establish a traceability system approved
and audited by the NPPO of Costa Rica
and APHIS. The identity and origin of
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37999
the Dracaena spp. plants must be
maintained from the production unit
through the packing and export facilities
and to the port of entry in the United
States.
(11) Recordkeeping. Participants must
maintain records of program activities,
including corrective measures, for a
minimum of 3 years. Records must be
made available to the NPPO of Costa
Rica and APHIS on request.
(12) Ineligibility for participation. (i)
Persons who produce, pack, or ship
Dracaena spp. plants will be ineligible
for participation in the export program
for Dracaena spp. plants and their
production sites or packing or export
facilities will lose approved status if:
(A) Live pests are found in a
production site;
(B) Live pests are found in a shipment
of plants; or
(C) Persons who produce, pack, or
ship Dracaena spp. plants violate the
requirements set out in this section or
required under the export program
established by the NPPO of Costa Rica.
(ii) A person who produces, packs, or
ships Dracaena spp. plants may be
reinstated, and that person’s production
sites or packing or export facilities may
regain approved status, by requesting
reapproval and submitting a detailed
report describing the corrective actions
taken by the person. Reapproval will
only be granted upon concurrence from
the NPPO of Costa Rica and APHIS.
(13) Trust fund. The Government of
Costa Rica must enter into a trust fund
agreement with APHIS before each
growing season. The Government of
Costa Rica or its designated
representative is required to pay in
advance all estimated costs that APHIS
expects to incur through its involvement
in overseeing the execution of paragraph
(y) of this section. These costs will
include administrative expenses
incurred in conducting the services
enumerated in paragraph (y) of this
section and all salaries (including
overtime and the Federal share of
employee benefits), travel expenses
(including per diem expenses), and
other incidental expenses incurred by
the inspectors in performing these
services. The Government of Costa Rica
or its designated representative is
required to deposit a certified or
cashier’s check with APHIS for the
amount of the costs estimated by
APHIS. If the deposit is not sufficient to
meet all costs incurred by APHIS, the
agreement further requires the
Government of Costa Rica or its
designated representative to deposit
with APHIS a certified or cashier’s
check for the amount of the remaining
costs, as determined by APHIS, before
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the services will be completed. After a
final audit at the conclusion of each
shipping season, any overpayment of
funds would be returned to the
Government of Costa Rica or its
designated representative or held on
account until needed.
Done in Washington, DC, this June 20,
2012.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2012–15542 Filed 6–25–12; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (phone: 800–647–5527) is
Document Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT: Jeff
Gardlin, Aerospace Engineer, Airframe
and Cabin Safety Branch, ANM–115,
FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton,
Washington 98057–3356; phone: 425–
227–2136; fax: 425–227–1149; email:
jeff.gardlin@faa.gov.
Federal Aviation Administration
SUPPLEMENTARY INFORMATION:
14 CFR Part 39
Discussion
[Docket No. FAA–2012–0102; Directorate
Identifier 2012–NM–004–AD; Amendment
39–17072; AD 2012–11–09]
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2011–04–09,
Amendment 39–16630 (76 FR 12556,
March 8, 2011). That AD applies to the
specified products. The NPRM
published in the Federal Register on
February 27, 2012 (77 FR 11418). That
NPRM proposed to continue to require
either activating all chemical oxygen
generators in the lavatories until the
generator oxygen supply is expended, or
removing the oxygen generator(s); and,
for each chemical oxygen generator,
after the generator is expended (or
removed), removing or restowing the
oxygen masks and closing the mask
dispenser door. That NPRM also
proposed to require installing a
supplemental oxygen system in affected
lavatories, which would terminate the
requirements of the existing AD.
RIN 2120–AA64
Airworthiness Directives; Various
Transport Category Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are superseding an
existing airworthiness directive (AD) for
certain transport category airplanes.
That AD currently requires either
activating all chemical oxygen
generators in the lavatories until the
generator oxygen supply is expended, or
removing the oxygen generator(s); and,
for each chemical oxygen generator,
after the generator is expended (or
removed), removing or restowing the
oxygen masks and closing the mask
dispenser door. This new AD requires
installing a supplemental oxygen system
in affected lavatories, which terminates
the requirements of the existing AD.
This AD was prompted by reports that
the current design of the oxygen
generators presents a hazard that could
jeopardize flight safety. We are issuing
this AD to eliminate a hazard that could
jeopardize flight safety, and to ensure
that all lavatories have a supplemental
oxygen supply.
DATES: This AD is effective August 10,
2012.
ADDRESSES:
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SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
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Change to NPRM (77 FR 11418,
February 27, 2012)
We have redesignated Note 1 of the
NPRM (77 FR 11418, February 27, 2012)
as new paragraph (h) of this AD,
reidentified Note 2 as Note 1, and
reidentified subsequent paragraphs
accordingly.
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comments
received on the proposal (77 FR 11418,
February 27, 2012) and the FAA’s
response to each comment.
Request To Extend Compliance Time
Airbus, Boeing, Bombardier, Embraer,
American Airlines (AA), Delta Air
Lines, Southwest Airlines (SWA),
United Airlines (UA), and All Nippon
Airways (ANA) requested that we revise
the NPRM (77 FR 11418, February 27,
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2012) to extend the 24-month
compliance time. Airbus, Embraer, Air
Line Pilots Association (ALPA)
International, AA, and Boeing noted
that the Lavatory Oxygen Aviation
Rulemaking Committee (ARC) chartered
on this subject established some
notional life-cycle times from the
initiation of a design through a fleet
retrofit. The requested compliance time
ranged from 36 to 60 months. The ARC
considered even a 4-year compliance
time aggressive. Commenters also noted
that there are no actual designs at
present; any schedule is at risk until the
design is proven and validated.
We partially agree with the request.
Because of the lack of a retrofit design
and the magnitude of the retrofit, and
new configuration(s), on such a large
number of affected airplanes, we agree
that the proposed compliance time of 24
months is insufficient. We also agree
that the ARC’s detailed assessment
would not have supported a 24-month
compliance time. We disagree, however,
to extend the compliance time to 48
months, or longer. Some of the
commenters’ concerns, as identified by
the ARC, have been alleviated in the AD
(for example, streamlining the
compliance process), and it is clear
there are workable design approaches
that can be implemented without taking
airplanes out of service. Nonetheless,
since no actual designs are yet
approved, the retrofit process cannot
begin until a design is approved. We
have extended the compliance time in
paragraph (l) of this final rule to 37
months after the effective date of the
AD.
Request To Retain Proposed
Compliance Times
The Association of Flight Attendants
(AFA) and ALPA encouraged the
issuance of the final rule with the
compliance times as proposed. AFA
requested that we also incorporate
interim measures. The commenters
noted that the total time that lavatories
will have been without oxygen would
be about 3.5 years, even with a 24month compliance time. AFA pointed
out that the FAA’s assessment of the
safety risk was based on a finite time,
and that we originally estimated a twoto four-year period to restore oxygen.
Thus, retaining the proposed 24-month
compliance time is appropriate.
With respect to the compliance time,
we disagree with the request. Based on
the number of affected airplanes and the
lack of a design solution yet approved
for any of them, a 24-month compliance
time is not feasible. On the other hand,
we acknowledge that compliance will
be due later than the original estimate
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]]>Agencies
[Federal Register Volume 77, Number 123 (Tuesday, June 26, 2012)]
[Rules and Regulations]
[Pages 37997-38000]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15542]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Rules
and Regulations
[[Page 37997]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2011-0073]
RIN 0579-AD54
Importation of Dracaena Plants From Costa Rica
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the plants for planting regulations to provide
conditions for the importation into the continental United States of
Dracaena spp. plants from Costa Rica. These conditions will apply to
plants less than 460 mm in length, which are currently allowed to be
imported, and will also allow for the importation of plants over 460 mm
and up to 1,371.6 mm in length, which are currently prohibited. As a
condition of entry, Dracaena spp. plants from Costa Rica will have to
be produced in accordance with integrated pest risk management measures
that will include requirements for registration of place of production
and packinghouses, a pest management plan, inspection for quarantine
pests, sanitation, and traceability from place of production through
the packing and export facility and to the port of entry into the
United States. All Dracaena spp. plants from Costa Rica will also be
required to be accompanied by a phytosanitary certificate with an
additional declaration stating that all conditions for the importation
of the plants have been met and that the consignment of plants has been
inspected and found free of quarantine pests. This action will allow
for the importation of oversized Dracaena spp. plants from Costa Rica
into the United States while continuing to provide protection against
the introduction of quarantine pests.
DATES: Effective Date: July 26, 2012.
FOR FURTHER INFORMATION CONTACT: Mr. William D. Aley, Senior Import
Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River Road,
Unit 136, Riverdale, MD 20737-1231; (301) 851-2130.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Plants for Planting'' (7 CFR 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 planting to prevent the introduction and
dissemination of plant pests that are new to or not widely distributed
within the United States.
Dracaena is a genus of about 40 species of tree- and shrub-like
plants. Several species are grown as houseplants for their decorative
strap-like foliage, low maintenance requirements, and tolerance of a
wide range of growing conditions. Popular Dracaena spp. houseplants
include Dracaena fragrans, commonly known as the corn plant, and
Dracaena sanderiana, commonly known as lucky bamboo.
Currently, whole and intact Dracaena spp. plants (including roots,
stems, and leaves) may be imported into the United States only if they
meet the size requirements in Sec. 319.37-2(b)(6)(i) and other general
requirements in the regulations. The regulations currently allow only
Dracaena spp. plants less than 460 mm (approximately 18 inches) in
length. The size requirement was established because plants of that
size are easily inspected and, if necessary, treated for pests; the
size and density of growth of larger plants makes them more difficult
to inspect and treat.
On November 1, 2011, we published in the Federal Register (76 FR
67379-67384, Docket No. APHIS-2011-0073) a proposal \1\ to amend the
plants for planting regulations to provide conditions for the
importation into the continental United States of Dracaena spp. plants
from Costa Rica.
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\1\ To view the proposed rule, supporting documents, and the
comments we received, go to https://www.regulations.gov/#!docketDetail;D=APHIS-2011-0073.
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We solicited comments concerning our proposal for 60 days ending
January 3. 2012. We received six comments by that date. They were from
foreign and domestic industry associations, an importer, a State
agriculture department, and a private citizen. The comments were
generally supportive but raised two questions concerning the proposed
rule.
One commenter asked if the Animal and Plant Health Inspection
Service (APHIS) would be supplying copies of the bilateral workplan to
domestic stakeholders for review.
Bilateral workplans are agreements between APHIS and the national
plant protection organization (NPPO) of a foreign Government and are
not typically circulated for stakeholder review. However, they are
public documents and interested stakeholders may obtain copies of the
workplan by calling or writing to the individual listed under FOR
FURTHER INFORMATION CONTACT.
Two commenters stated that site visits should be conducted to
ensure that the requirements of the bilateral workplan are met. One of
these commenters expressed an interest in participating in site visits.
As we explained in the proposed rule, APHIS may conduct site visits
to inspect and monitor the pest management program. In the past,
representatives of U.S. domestic industries have accompanied APHIS
personnel on site visits at the invitation of the host NPPO, so it is a
possibility that domestic stakeholders could accompany an APHIS
representative traveling to Costa Rica. We do expect, however, that the
routine site visits will most often be carried out by APHIS field
personnel in Costa Rica as part of their routine duties rather than by
U.S.-based personnel who would have to travel to Costa Rica to visit
production and packing sites.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, without
change.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore,
[[Page 37998]]
has not been reviewed by the Office of Management and Budget.
In accordance with 5 U.S.C. 604, we have prepared a final
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this rule on small entities. Copies of the full
analysis are available on the Regulations.gov Web site (see footnote 1
in this document for a link to Regulations.gov) or by contacting the
person listed under FOR FURTHER INFORMATION CONTACT.
The United States imports approximately 25 million Dracaena spp.
plants from Costa Rica annually. On average, APHIS intercepts pests in,
and applies treatments to, over 8 percent of the Dracaena consignments
and destroys less than 1 percent. Production, packing, storing and
exportation of Dracaena spp. plants in accordance with the integrated
pest risk management measures set forth in the rule will reduce pest
infestations, subsequent pest interceptions, and the need to fumigate
or destroy infested consignments at ports of entry.
The oversized Dracaena spp. plants will be of greater value than
the smaller plants currently allowed entry, and we expect U.S.
nurseries will adjust to new marketing opportunities afforded by the
larger plants. Most U.S. nurseries and other entities that may be
affected by this rule are small.
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.
National Environmental Policy Act
An environmental assessment and finding of no significant impact
have been prepared for this final rule. The environmental assessment
provides a basis for the conclusion that the importation of Dracaena
spp. plants from Costa Rica under the conditions specified in this rule
will not have a significant impact on the quality of the human
environment. Based on the finding of no significant impact, the
Administrator of the Animal and Plant Health Inspection Service has
determined that an environmental impact statement need not be prepared.
The environmental assessment and finding of no significant impact
were 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 and finding of no significant impact
may be viewed on the Regulations.gov Web site.\2\ Copies of the
environmental assessment and finding of no significant impact are also
available for public inspection at USDA, room 1141, South Building,
14th Street and Independence Avenue SW., Washington, DC, between 8 a.m.
and 4:30 p.m., Monday through Friday, except holidays. Persons wishing
to inspect copies are requested to call ahead on (202) 690-2817 to
facilitate entry into the reading room. In addition, copies may be
obtained by writing to the individual listed under FOR FURTHER
INFORMATION CONTACT.
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\2\ Go to https://www.regulations.gov/#!docketDetail;D=APHIS-
2011-0073. The environmental assessment and finding of no
significant impact will appear in the resulting list of documents.
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Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we amend 7 CFR part 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, 7701-7772, and 7781-7786; 21 U.S.C.
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.
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2. Section 319.37-2 is amended as follows:
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a. In the table in paragraph (a), by adding a new entry for ``Dracaena
spp. plants not meeting the conditions for import in Sec. 319.37-5
(y)'', in alphabetical order, to read as set forth below.
0
b. In paragraph (b)(6)(i), by adding the words ``Dracaena spp. plants
from Costa Rica meeting the conditions of Sec. 319.37-5(y),'' after
the citation ``Sec. 319.37-5(q),''.
Sec. 319.37-2 Prohibited articles.
(a) * * *
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Quarantine pests existing in the places named
Prohibited article (includes seeds Foreign places from which and capable of being transported with the
only if specifically mentioned) prohibited prohibited article
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* * * * * * *
Dracaena spp. plants not meeting Costa Rica................. Ancistrocercus circumdatus; Caldwelliola
the conditions for import in Sec. reservata; Chaetanaphothrips signipennis
319.37-5(y). (banana rust thrips); Coccus viridis (green
scale); Diplosolenodes occidentalis (spotted
leatherleaf slug); Erioloides consobrinus;
Neoconocephalus affinis (rattler conehead
katydid); Oncometopia clarior (blue
sharpshooter); Ovachlamys fulgens; Palliferra
costaricensis (Costa Rica mantle slug);
Planococcus minor (passionvine mealybug);
Pseudococcus landoi (lando mealybug);
Sarasinula plebeia (Caribbean leatherleaf
slug); Succinea costaricana; Xylosandrus
morigerus (brown coffee twig beetle).
* * * * * * *
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* * * * *
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3. In Sec. 319.37-5, a new paragraph (y) is added to read as follows:
Sec. 319.37-5 Special foreign inspection and certification
requirements.
* * * * *
(y) Special foreign inspection and certification requirements for
Dracaena spp. plants from Costa Rica. Dracaena spp. plants from Costa
Rica may only be
[[Page 37999]]
imported into the continental United States in accordance with the
requirements of this paragraph (y), to prevent the plant pests
Ancistrocercus circumdatus, Caldwelliola reservata, Chaetanaphothrips
signipennis, Coccus viridis, Diplosolenodes occidentalis, Erioloides
consobrinus, Neoconocephalus affinis, Oncometopia clarior, Ovachlamys
fulgens, Palliferra costaricensis, Planococcus minor, Pseudococcus
landoi, Sarasinula plebeia, Succinea costaricana, and Xylosandrus
morigerus from entering the United States.
(1) Size requirements. Dracaena spp. plants from Costa Rica
imported into the continental United States may not exceed 1,371.6 mm
(approximately 54 inches) in length from the soil line (or top of the
rooting zone for plants produced by air layering) to the farthest
terminal growing point.
(2) Bilateral workplan. The national plant protection organization
(NPPO) of Costa Rica must provide a bilateral workplan to APHIS that
details the activities that the NPPO of Costa Rica will, subject to
APHIS' approval of the workplan, carry out to meet the requirements of
this paragraph (y).
(3) Phytosanitary certificate. The phytosanitary certificate of
inspection required by Sec. 319.37-4 that accompanies each consignment
of Dracaena spp. plants from Costa Rica must contain additional
declarations that the plants in the consignment have been produced,
packed, stored, and exported in accordance with the requirements of
this paragraph (y) and the bilateral workplan, and that the consignment
has been inspected and found free of quarantine pests.
(4) Participant registration and agreement. Persons in Costa Rica
who produce, pack, or ship Dracaena spp. plants for export to the
United States must:
(i) Be registered and approved by the NPPO of Costa Rica; and
(ii) Enter into an agreement with the NPPO of Costa Rica whereby
the persons agree to participate in and follow the export program for
Dracaena spp. plants established by the NPPO of Costa Rica.
(5) Facility registration and agreement. Production, packing, and
export facilities must be approved and registered by the NPPO of Costa
Rica. Registered packing and export facilities may only accept plants
from registered production facilities where plants are grown in
compliance with the requirements of this paragraph (y) and the
bilateral workplan. The NPPO of Costa Rica will provide APHIS with
access to the list of registered facilities at least annually and when
changes occur.
(6) Training. Participants and personnel at approved production,
packing, and export facilities must be trained in the requirements of
this paragraph (y) and the bilateral workplan and in recognizing the
quarantine listed in this paragraph (y). Training records must be
maintained and made available to the NPPO of Costa Rica and APHIS on
request.
(7) Pest management program. Participants must establish a pest
management program for all approved production, packing, and export
facilities. Pest management programs must include field or facility
scouting, monitoring, and control of target pests, and must be
monitored and approved by the NPPO of Costa Rica. APHIS may visit sites
to inspect and monitor the pest management program. Each approved
facility must have a trained, dedicated person to supervise the pest
management program. Records of pest management activities must be
maintained and made available to the NPPO of Costa Rica and APHIS upon
request.
(8) Sanitation. Sanitation measures must be maintained at approved
production, packing, and export facilities. Fallen or discarded plant
material and debris, or plants with pests, must be removed and must not
be included in field containers brought from production to packing
facilities for export. Packing facilities must be free of sand, soil,
earth, and plant pests, and phytosanitary practices adequate to exclude
pests must be employed. Equipment, materials, and tools must be
sanitized to avoid spreading pests or to prevent recontamination.
(9) Inspections. Inspections undertaken in the export program for
Dracaena spp. plants established by the NPPO of Costa Rica will
include, but may not be limited to, the following:
(i) Approved production, packing, and export facilities must be
inspected by dedicated trained personnel at the approved facilities at
least once weekly, and by the NPPO of Costa Rica at least once monthly.
(ii) Packing materials and shipping containers for the plants must
be approved by APHIS and inspected by the NPPO of Costa Rica to ensure
that they do not introduce pests of concern to the plants.
(iii) Inspection dates and results must be recorded and made
available to APHIS upon request.
(10) Traceability. Participants must establish a traceability
system approved and audited by the NPPO of Costa Rica and APHIS. The
identity and origin of the Dracaena spp. plants must be maintained from
the production unit through the packing and export facilities and to
the port of entry in the United States.
(11) Recordkeeping. Participants must maintain records of program
activities, including corrective measures, for a minimum of 3 years.
Records must be made available to the NPPO of Costa Rica and APHIS on
request.
(12) Ineligibility for participation. (i) Persons who produce,
pack, or ship Dracaena spp. plants will be ineligible for participation
in the export program for Dracaena spp. plants and their production
sites or packing or export facilities will lose approved status if:
(A) Live pests are found in a production site;
(B) Live pests are found in a shipment of plants; or
(C) Persons who produce, pack, or ship Dracaena spp. plants violate
the requirements set out in this section or required under the export
program established by the NPPO of Costa Rica.
(ii) A person who produces, packs, or ships Dracaena spp. plants
may be reinstated, and that person's production sites or packing or
export facilities may regain approved status, by requesting reapproval
and submitting a detailed report describing the corrective actions
taken by the person. Reapproval will only be granted upon concurrence
from the NPPO of Costa Rica and APHIS.
(13) Trust fund. The Government of Costa Rica must enter into a
trust fund agreement with APHIS before each growing season. The
Government of Costa Rica or its designated representative is required
to pay in advance all estimated costs that APHIS expects to incur
through its involvement in overseeing the execution of paragraph (y) of
this section. These costs will include administrative expenses incurred
in conducting the services enumerated in paragraph (y) of this section
and all salaries (including overtime and the Federal share of employee
benefits), travel expenses (including per diem expenses), and other
incidental expenses incurred by the inspectors in performing these
services. The Government of Costa Rica or its designated representative
is required to deposit a certified or cashier's check with APHIS for
the amount of the costs estimated by APHIS. If the deposit is not
sufficient to meet all costs incurred by APHIS, the agreement further
requires the Government of Costa Rica or its designated representative
to deposit with APHIS a certified or cashier's check for the amount of
the remaining costs, as determined by APHIS, before
[[Page 38000]]
the services will be completed. After a final audit at the conclusion
of each shipping season, any overpayment of funds would be returned to
the Government of Costa Rica or its designated representative or held
on account until needed.
Done in Washington, DC, this June 20, 2012.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-15542 Filed 6-25-12; 8:45 am]
BILLING CODE 3410-34-P
