Importation of Orchids in Growing Media From Taiwan, 71703-71705 [2014-28487]

Download as PDF Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Proposed Rules tkelley on DSK3SPTVN1PROD with PROPOSALS § 892.208 Can I change my enrollment from self and family to self plus one or self only at any time? (a) If you are participating in premium conversion you may decrease your FEHB enrollment type under either of the following circumstances: (1) During the annual open season. A decrease in enrollment type made during the annual open season takes effect on the 1st day of the first pay period that begins in the next year. (2) Within 60 days after you have a qualifying life event. A decrease in enrollment type made because of a qualifying life event takes effect on the first day of the first pay period that begins after the date your employing office receives your appropriate request. Your change in enrollment must be consistent with and correspond to your qualifying life event. For example, if you get divorced and have no dependent children, changing to self only would be consistent with that qualifying life event. As another example, if both you and your spouse are Federal employees, and your youngest dependent turns age 26, changing from a self and family to a self plus one or two self only enrollments would be consistent and appropriate for that event. (b) If you are subject to a court or administrative order as discussed in § 890.301(g)(3) of this chapter, you may not decrease enrollment type in a way that eliminates coverage of a child identified in the order as long as the court or administrative order is still in effect and you have at least one child identified in the order who is still eligible under the FEHB Program, unless you provide documentation to your agency that you have other coverage for your child or children. See also §§ 892.207 and 892.209. If you are subject to a court or administrative order as discussed in § 890.301(g)(3) of this chapter, you may not change your enrollment to self plus one as long as the court or administrative order is still in effect and you have more than one child identified in the order who is still eligible under the FEHB Program, unless you provide documentation to your agency that you have other coverage for your children. See also §§ 892.207 and 892.209. [FR Doc. 2014–28429 Filed 12–2–14; 8:45 am] BILLING CODE 6325–63–P VerDate Sep<11>2014 17:19 Dec 02, 2014 Jkt 235001 DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS–2014–0041] RIN 0579–AE01 Importation of Orchids in Growing Media From Taiwan Animal and Plant Health Inspection Service, USDA. ACTION: Proposed rule. AGENCY: We are proposing to amend the regulations governing the importation of plants and plant products to add orchid plants of the genus Oncidium from Taiwan to the list of plants that may be imported into the United States in an approved growing medium, subject to specified growing, inspection, and certification requirements. We are taking this action in response to a request from the Taiwanese Government and after determining that the plants could be imported, under certain conditions, without resulting in the introduction into, or the dissemination within, the United States of a plant pest or noxious weed. DATES: We will consider all comments that we receive on or before February 2, 2015. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov/ #!docketDetail;D=APHIS-2014-0041. • Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS–2014–0041, Regulatory Analysis and Development, PPD, APHIS, Station 3A–03.8, 4700 River Road Unit 118, Riverdale, MD 20737–1238. Supporting documents and any comments we receive on this docket may be viewed at http:// www.regulations.gov/ #!docketDetail;D=APHIS-2014-0041 or in our reading room, which 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) 799–7039 before coming. FOR FURTHER INFORMATION CONTACT: Ms. Heather Coady, Regulatory Policy Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737; (301) 851–2076. SUPPLEMENTARY INFORMATION: SUMMARY: PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 71703 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— Plants for Planting,’’ §§ 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 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 established in growing media may be imported into the United States. 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 the Animal and Plant Health Inspection Service (APHIS) and the national plant protection organization (NPPO) of the country where the plants are grown and between the foreign NPPO 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 E:\FR\FM\03DEP1.SGM 03DEP1 tkelley on DSK3SPTVN1PROD with PROPOSALS 71704 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Proposed Rules • 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 NPPO 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 United States of approved plants established in growing media. Currently, orchid plants of genus Oncidium spp. may only be imported into the United States as bare root plants, in accordance with § 319.37–2. The Government of Taiwan has requested that importation into the United States of those plants be allowed under the provisions of § 319.37–8. The regulations in § 319.37–8(g) provide that requests such as the one made by the Government of Taiwan be evaluated by APHIS using specific pest risk evaluation standards that are based on pest risk analysis (PRA) 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 PRA, which can be viewed on the Internet on the Regulations.gov Web site or in our reading room.1 In the PRA, titled ‘‘Importation of Oncidium spp. in growing media from Taiwan into the United States,’’ APHIS determined that 14 quarantine pests present in Taiwan could potentially follow the import pathway: • Tetranychus kanzawai Kishida, a spider mite. • Amsacta lactinea Cramer, a tiger moth. • Spodoptera litura (Fabricius), the Oriental leafworm moth. • Scirtothrips dorsalis Hood, the chili thrips. • Thrips palmi Karny, the melon thrips. 1 Instructions on accessing Regulations.gov and information on the location and hours of the reading room may be found at the beginning of this document under ADDRESSES. You may also request paper copies of the risk analysis by calling or writing the person listed under FOR FURTHER INFORMATION CONTACT. VerDate Sep<11>2014 17:19 Dec 02, 2014 Jkt 235001 • Lissachatina fulica (Bowdich), a snail. • Deroceras laeve (Muller), the marsh slug. • Parmarion martensi Simroth, a semislug. • Petalochlamys vesta (Pfeiffer), a snail. • Meghimatium bilineatus (Benson), a slug. • Meghimatium pictum Stoliczka, a slug. ´ • Laevicaulis alte (Ferussac), the tropical leatherleaf. • Pectobacterium cypripedii (Hori) Brenner et al., a bacterial leaf-disease of orchids. • Bipolaris zizaniae (Y. Nisik.) Shoemaker, a fungus. A quarantine pest is defined in § 319.37–1 of the regulations as a pest of potential economic importance to the area endangered thereby and not yet present there, or present but not widely distributed and being officially controlled. Plant pest risk potentials associated with the importation of Oncidium spp. from Taiwan into the United States were derived by estimating the consequences and likelihood of introduction of each quarantine pest into the United States and ranking the risk potential as high, medium, or low. The PRA determined that 12 of these 14 pests—T. kanzawai, A. lactinea, S. litura, S. dorsalis, T. palmi, L. fulica, D. laeve, P. martensi, P. vesta, M. bilineatus, M. pictum, and L. alte—pose a high risk of following the pathway. The remaining pests—P. cypripedii and B. zizaniae—were rated as having a medium risk potential. However, the PRA acknowledged that the risk presented by these plant pests is consistent with any propagative epiphytic orchid materials and pest associations. Further, it is important to note that those plant pest risks were identified in the absence of the mitigative effects of the requirements in § 319.37–8(e), which are designed to establish and maintain a pest-free production environment and ensure the use of pest-free seeds or parent plants. Given that, the PRA concluded that the safeguards in § 319.37–8(e) would allow the safe importation of Oncidium spp. from Taiwan provided that the plants are established in an approved growing medium and meet all other applicable conditions of § 319.37–8(e). This determination is based on the findings of the PRA 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. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 Accordingly, we are proposing to amend the regulations in § 319.37–8(e) by adding Oncidium spp. from Taiwan to the list of plants established in an approved growing medium that may be imported into the United States. The plants would have to be produced, handled, and imported in accordance with the requirements of § 319.37–8(e) and be accompanied at the time of importation by a phytosanitary certificate issued by the NPPO of Taiwan that declares that those requirements have been met. Miscellaneous In ‘‘Subpart—Plants for Planting,’’ there is an incorrect reference in footnotes 9 and 10. Currently, both footnotes 9 and 10 refer the reader to footnote 9 when they should refer instead to footnote 8. In a previous action we redesignated some of the footnotes in ‘‘Subpart—Plants for Planting’’ and neglected to update the references to other footnotes. We are therefore proposing to revise footnotes 9 and 10 to refer the reader to footnote 8. Executive Order 12866 and Regulatory Flexibility Act This proposed 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. In accordance with the Regulatory Flexibility Act, we have analyzed the potential economic effects of this action on small entities. The analysis is summarized below. Copies of the full analysis are available by contacting the person listed under FOR FURTHER INFORMATION CONTACT or on the Regulations.gov Web site (see ADDRESSES above for instructions for accessing Regulations.gov). This proposed rule would amend the regulations to include Oncidium spp. from Taiwan on the list of plants that may enter the United States established in approved growing media, subject to specified growing, inspection, and certification requirements. Eliminating the requirement that Oncidium spp. from Taiwan must be bare-rooted is expected to increase the number and quality of these plants imported by U.S. growers, who then finish the plants for the retail market. It is also expected to reduce the production time for growers. However, gains due to improved product quality and reduced production time are likely to lead to compensating price adjustments, assuming a competitive market. Oncidium spp. represent a relatively small portion of the orchid market and orchid trade, with a market share of E:\FR\FM\03DEP1.SGM 03DEP1 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Proposed Rules between 15 and 25 percent. While many of the entities that may be affected by the final rule, such as importers of orchids for the potted plant market, are small by Small Business Administration standards, we expect any impact to be minimal, given Oncidium spp.’s small share of the U.S. orchid market and their small share of total orchid imports from Taiwan. Allowing importation of Oncidium spp. from Taiwan in growing media could also lead to an expanded market for this genus, but any increase is likely to be limited given the flower’s unusual appearance. 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. tkelley on DSK3SPTVN1PROD with PROPOSALS Executive Order 12988 This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. If this proposed rule is adopted: (1) All State and local laws and regulations that are inconsistent with this rule will be preempted; (2) no retroactive effect will be given to this rule; and (3) administrative proceedings will not be required 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 Oncidium spp. from Taiwan, 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 Regulations.gov Web site or in our reading room. (A link to Regulations.gov and information on the location and hours of the reading room are 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 This proposed rule contains no new information collection or recordkeeping VerDate Sep<11>2014 17:19 Dec 02, 2014 Jkt 235001 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 propose to 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 319.37–8 (e) introductory text is amended as follows: ■ a. By adding a new entry in alphabetical order. ■ b. In footnotes 9 and 10, by removing the words ‘‘footnote 9’’ and adding the words ‘‘footnote 8’’ in their place. The addition reads as follows: ■ § 319.37–8 Growing media. * * * * * (e) * * * Oncidium spp. from Taiwan * * * * * Done in Washington, DC, this 1st day of December 2014. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2014–28487 Filed 12–2–14; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF ENERGY 10 CFR Part 430 [Docket No. EERE–2011–BT–STD–0043] RIN 1904–AC51 Energy Conservation Standards for Miscellaneous Refrigeration Products: Public Meeting and Availability of the Preliminary Technical Support Document Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of public meeting and availability of preliminary technical support document. AGENCY: The U.S. Department of Energy (DOE) will hold a public meeting to discuss and receive comments on the preliminary analysis it has conducted SUMMARY: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 71705 for purposes of establishing energy conservation standards for miscellaneous refrigeration products. The meeting will cover the analytical framework, models, and tools that DOE is using to evaluate whether to set standards for these products; the results of preliminary analyses performed by DOE for the products; the potential energy conservation standard levels derived from these analyses that DOE could consider for these products; and any other issues relevant to the development of energy conservation standards for miscellaneous refrigeration products. In addition, DOE encourages written comments on these subjects. To inform interested parties and to facilitate this process, DOE has prepared an agenda, a preliminary technical support document (TSD), and briefing materials, which are available on the DOE Web site at: http:// www1.eere.energy.gov/buildings/ appliance_standards/rulemaking.aspx/ ruleid/71. DATES: DOE will hold a public meeting on Friday January 9, 2015, from 9 a.m. to 4 p.m., in Washington, DC. Additionally, DOE plans to allow for participation in the public meeting via Webinar. DOE will accept comments, data, and other information regarding this rulemaking before or after the public meeting, but no later than February 2, 2015. See section IV, ‘‘Public Participation,’’ of this notice for details. ADDRESSES: The public meeting will be held at the U.S. Department of Energy, Forrestal Building, Room 8E–089, 1000 Independence Avenue SW., Washington, DC 20585–0121. Interested persons may submit comments, identified by docket number EERE–2011–BT–STD–0043 and/or Regulation Identification Number (RIN) 1904–AC51, by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. • Email: WineChillers-2011–STD– 0043@ee.doe.gov. Include the docket number EERE–2011–BT–STD–0043 and/or RIN 1904–AC51 in the subject line of the message. • Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE–5B, 1000 Independence Avenue SW., Washington, DC 20585–0121. If possible, please submit all items on a compact disc (CD), in which case it is not necessary to include printed copies. Please note that comments and CDs sent by mail are often delayed and may be damaged by mail screening processes. E:\FR\FM\03DEP1.SGM 03DEP1

Agencies

[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Proposed Rules]
[Pages 71703-71705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28487]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2014-0041]
RIN 0579-AE01


Importation of Orchids in Growing Media From Taiwan

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the regulations governing the 
importation of plants and plant products to add orchid plants of the 
genus Oncidium from Taiwan to the list of plants that may be imported 
into the United States in an approved growing medium, subject to 
specified growing, inspection, and certification requirements. We are 
taking this action in response to a request from the Taiwanese 
Government and after determining that the plants could be imported, 
under certain conditions, without resulting in the introduction into, 
or the dissemination within, the United States of a plant pest or 
noxious weed.

DATES: We will consider all comments that we receive on or before 
February 2, 2015.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0041.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2014-0041, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2014-
0041 or in our reading room, which 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) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Ms. Heather Coady, Regulatory Policy 
Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River Road 
Unit 133, Riverdale, MD 20737; (301) 851-2076.

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--Plants for Planting,'' 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 established in growing media may be imported into the 
United States. 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 the Animal and Plant Health Inspection Service 
(APHIS) and the national plant protection organization (NPPO) of the 
country where the plants are grown and between the foreign NPPO 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

[[Page 71704]]

     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 NPPO 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 United 
States of approved plants established in growing media.
    Currently, orchid plants of genus Oncidium spp. may only be 
imported into the United States as bare root plants, in accordance with 
Sec.  319.37-2. The Government of Taiwan has requested that importation 
into the United States of those plants be allowed under the provisions 
of Sec.  319.37-8.
    The regulations in Sec.  319.37-8(g) provide that requests such as 
the one made by the Government of Taiwan be evaluated by APHIS using 
specific pest risk evaluation standards that are based on pest risk 
analysis (PRA) 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 PRA, which can be viewed on the Internet on the 
Regulations.gov Web site or in our reading room.\1\
---------------------------------------------------------------------------

    \1\ Instructions on accessing Regulations.gov and information on 
the location and hours of the reading room may be found at the 
beginning of this document under ADDRESSES. You may also request 
paper copies of the risk analysis by calling or writing the person 
listed under FOR FURTHER INFORMATION CONTACT.
---------------------------------------------------------------------------

    In the PRA, titled ``Importation of Oncidium spp. in growing media 
from Taiwan into the United States,'' APHIS determined that 14 
quarantine pests present in Taiwan could potentially follow the import 
pathway:
     Tetranychus kanzawai Kishida, a spider mite.
     Amsacta lactinea Cramer, a tiger moth.
     Spodoptera litura (Fabricius), the Oriental leafworm moth.
     Scirtothrips dorsalis Hood, the chili thrips.
     Thrips palmi Karny, the melon thrips.
     Lissachatina fulica (Bowdich), a snail.
     Deroceras laeve (Muller), the marsh slug.
     Parmarion martensi Simroth, a semislug.
     Petalochlamys vesta (Pfeiffer), a snail.
     Meghimatium bilineatus (Benson), a slug.
     Meghimatium pictum Stoliczka, a slug.
     Laevicaulis alte (F[eacute]russac), the tropical 
leatherleaf.
     Pectobacterium cypripedii (Hori) Brenner et al., a 
bacterial leaf-disease of orchids.
     Bipolaris zizaniae (Y. Nisik.) Shoemaker, a fungus.
    A quarantine pest is defined in Sec.  319.37-1 of the regulations 
as a pest of potential economic importance to the area endangered 
thereby and not yet present there, or present but not widely 
distributed and being officially controlled. Plant pest risk potentials 
associated with the importation of Oncidium spp. from Taiwan into the 
United States were derived by estimating the consequences and 
likelihood of introduction of each quarantine pest into the United 
States and ranking the risk potential as high, medium, or low. The PRA 
determined that 12 of these 14 pests--T. kanzawai, A. lactinea, S. 
litura, S. dorsalis, T. palmi, L. fulica, D. laeve, P. martensi, P. 
vesta, M. bilineatus, M. pictum, and L. alte--pose a high risk of 
following the pathway. The remaining pests--P. cypripedii and B. 
zizaniae--were rated as having a medium risk potential. However, the 
PRA acknowledged that the risk presented by these plant pests is 
consistent with any propagative epiphytic orchid materials and pest 
associations. Further, it is important to note that those plant pest 
risks were identified in the absence of the mitigative effects of the 
requirements in Sec.  319.37-8(e), which are designed to establish and 
maintain a pest-free production environment and ensure the use of pest-
free seeds or parent plants. Given that, the PRA concluded that the 
safeguards in Sec.  319.37-8(e) would allow the safe importation of 
Oncidium spp. from Taiwan provided that the plants are established in 
an approved growing medium and meet all other applicable conditions of 
Sec.  319.37-8(e). This determination is based on the findings of the 
PRA 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 Oncidium spp. from Taiwan to the list of plants 
established in an approved growing medium that may be imported into the 
United States. The plants would have to be produced, handled, and 
imported in accordance with the requirements of Sec.  319.37-8(e) and 
be accompanied at the time of importation by a phytosanitary 
certificate issued by the NPPO of Taiwan that declares that those 
requirements have been met.

Miscellaneous

    In ``Subpart--Plants for Planting,'' there is an incorrect 
reference in footnotes 9 and 10. Currently, both footnotes 9 and 10 
refer the reader to footnote 9 when they should refer instead to 
footnote 8. In a previous action we redesignated some of the footnotes 
in ``Subpart--Plants for Planting'' and neglected to update the 
references to other footnotes. We are therefore proposing to revise 
footnotes 9 and 10 to refer the reader to footnote 8.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov).
    This proposed rule would amend the regulations to include Oncidium 
spp. from Taiwan on the list of plants that may enter the United States 
established in approved growing media, subject to specified growing, 
inspection, and certification requirements. Eliminating the requirement 
that Oncidium spp. from Taiwan must be bare-rooted is expected to 
increase the number and quality of these plants imported by U.S. 
growers, who then finish the plants for the retail market. It is also 
expected to reduce the production time for growers. However, gains due 
to improved product quality and reduced production time are likely to 
lead to compensating price adjustments, assuming a competitive market.
    Oncidium spp. represent a relatively small portion of the orchid 
market and orchid trade, with a market share of

[[Page 71705]]

between 15 and 25 percent. While many of the entities that may be 
affected by the final rule, such as importers of orchids for the potted 
plant market, are small by Small Business Administration standards, we 
expect any impact to be minimal, given Oncidium spp.'s small share of 
the U.S. orchid market and their small share of total orchid imports 
from Taiwan. Allowing importation of Oncidium spp. from Taiwan in 
growing media could also lead to an expanded market for this genus, but 
any increase is likely to be limited given the flower's unusual 
appearance.
    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 has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required 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 Oncidium spp. from Taiwan, 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 Regulations.gov 
Web site or in our reading room. (A link to Regulations.gov and 
information on the location and hours of the reading room are 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

    This proposed 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 propose to 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.

0
2. Section 319.37-8 (e) introductory text is amended as follows:
0
a. By adding a new entry in alphabetical order.
0
b. In footnotes 9 and 10, by removing the words ``footnote 9'' and 
adding the words ``footnote 8'' in their place.
    The addition reads as follows:


Sec.  319.37-8  Growing media.

* * * * *
    (e) * * *
    Oncidium spp. from Taiwan
* * * * *

    Done in Washington, DC, this 1st day of December 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-28487 Filed 12-2-14; 8:45 am]
BILLING CODE 3410-34-P