Importation of Phalaenopsis Spp. Plants for Planting in Approved Growing Media From China to the Continental United States, 7195-7198 [2016-02822]
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7195
Rules and Regulations
Federal Register
Vol. 81, No. 28
Thursday, February 11, 2016
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
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2014–0106]
RIN 0579–AE10
Importation of Phalaenopsis Spp.
Plants for Planting in Approved
Growing Media From China to the
Continental United States
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending the
regulations governing the importation of
plants for planting to authorize the
importation of Phalaenopsis spp. plants
for planting from China in approved
growing media into the continental
United States, subject to a systems
approach. The systems approach
consists of measures that are currently
specified in the regulations as generally
applicable to all plants for planting
authorized for importation into the
United States in approved growing
media. This rule allows for the
importation of Phalaenopsis spp. plants
for planting from China in approved
growing media, while providing
protection against the introduction of
quarantine plant pests.
DATES: Effective March 14, 2016.
FOR FURTHER INFORMATION CONTACT: Ms.
´
Lydia E. Colon, PPQ, APHIS, 4700 River
Road, Unit 133, Riverdale, MD 20737–
1236; (301) 851–2302.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
The regulations in 7 CFR part 319
prohibit or restrict the importation of
certain plants and plant products into
the United States to prevent the
introduction of quarantine plant pests.
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The regulations contained in ‘‘Subpart—
Plants for Planting,’’ §§ 319.37 through
319.37–14 (referred to below as the
regulations), prohibit or restrict, among
other things, the importation of living
plants, plant parts, and seeds for
propagation or planting.
The regulations differentiate between
prohibited articles and restricted
articles. Prohibited articles are plants for
planting whose importation into the
United States is not authorized due to
the risk the articles present of
introducing or disseminating quarantine
plant pests. Restricted articles are
articles authorized for importation into
the United States, provided that the
articles are subject to mitigation
measures to address such risk.
Conditions for the importation into
the United States of restricted articles in
growing media are found in § 319.37–8.
Within that section, the introductory
text of paragraph (e) lists taxa of
restricted articles that may be imported
into the United States in approved
growing media, subject to the provisions
of a systems approach. Paragraph (e)(1)
of § 319.37–8 lists the approved growing
media, while paragraph (e)(2) contains
the provisions of the systems approach.
Within paragraph (e)(2), paragraphs (i)
through (viii) contain provisions that are
generally applicable to all the taxa listed
in the introductory text of paragraph (e),
while paragraphs (ix) through (xii)
contain additional, taxon-specific
provisions.
In response to a request from the
national plant protection organization
(NPPO) of China, on June 1, 2015, in a
proposed rule 1 published in the Federal
Register (80 FR 30959–30961, Docket
No. APHIS–2014–0106), we proposed to
amend the introductory text of
paragraph (e) of § 319.37–8 to add
Phalaenopsis spp. plants for planting
from China to the list of taxa authorized
for importation into the United States in
approved growing media. We also
proposed to add a paragraph (e)(2)(xii)
to § 319.37–8 that would specify that
such plants for planting may only be
imported into the continental United
States.
We solicited comments concerning
our proposal for 60 days ending July 31,
2015. We received eight comments by
1 To view the proposed rule, its supporting
documents, or the comments that we received, go
to https://www.regulations.gov/
#!docketDetail;D=APHIS-2014-0106.
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that date. They were from the NPPO of
China, two State departments of
agriculture, an organization representing
State departments of agriculture, an
organization representing horticulture
in the State of Hawaii, a plant
pathologist specializing in Phalaenopsis
spp. plants for planting, and private
citizens.
One commenter suggested we finalize
the rule, as written. The remaining
commenters had questions and
comments regarding the rule and its
supporting documents. We discuss the
comments that we received below, by
topic.
Comments Regarding the Pest Risk
Assessment and Risk Management
Document
In response to the NPPO of China’s
request, we prepared a pest risk
assessment (PRA), titled ‘‘Importation of
Phalaenopsis spp. Orchids in Growing
Media from China into the Continental
United States: A Pathway-Initiated Risk
Assessment,’’ to analyze the potential
pest risk associated with the
importation of Phalaenopsis spp. plants
for planting in approved growing media
into the continental United States from
China. We also prepared a risk
management document (RMD), titled
‘‘Importation of Phalaenopsis spp.
Orchids in Approved Growing Media
from China into the Continental United
States,’’ to identify the phytosanitary
measures necessary to ensure the safe
importation into the continental United
States of Phalaenopsis spp. plants for
planting in approved growing media
from China.
One commenter stated that the PRA
did not consider the possibility that
viral pathogens of Phalaenopsis spp.
plants for planting could be introduced
into the continental United States
through the importation of Phalaenopsis
spp. plants for planting in approved
growing media from China.
In developing our PRAs, we first
prepare a list of pests of the commodity
that we have determined to occur in the
particular foreign region. We then
determine whether the pests are
quarantine pests, which the regulations
define as plant pests that are of potential
economic importance to the United
States and not yet present in the United
States, or present but not widely
distributed and being officially
controlled. If the pests are quarantine
pests, we then assess whether they
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Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations
could be introduced into the United
States through the importation of the
commodity.
The PRA identified five viral
pathogens of Phalaenopsis spp. plants
for planting that we have determined to
occur in China. However, none of these
pathogens are quarantine pests.
Accordingly, we did not assess whether
they are likely to follow the pathway on
Phalaenopsis spp. plants for planting in
approved growing media from China to
the continental United States.
One commenter pointed out that, in
the PRA, the list of plant pests of
Phalaenopsis spp. plants for planting
that are known to occur in China did
not include Dickeya dieffenbachiae, a
bacterial pathogen, and Colletotrichum
karstii, a pathogenic fungus. The
commenter stated that these pests occur
in China and could follow the pathway
on Phalaenopsis spp. plants for planting
in approved growing media from China
to the continental United States. The
commenter concluded that the pests
therefore should be added to the PRA,
and mitigation measures specific to the
pests should be added to the RMD and
rule.
D. dieffenbachiae and C. karstii were
detected in China after the PRA and
RMD were drafted, and we agree with
the commenter that they could follow
the pathway on Phalaenopsis spp.
plants for planting in approved growing
media from China to the continental
United States. However, we do not
consider it necessary to revise the RMD
or rule to specify mitigation measures
for these pests. We reserve pest-specific
mitigation measures for quarantine
pests. Neither D. dieffenbachiae nor C.
karstii is a quarantine pest: Both are
present in the United States, and neither
pest is under official control.
Two commenters pointed out that the
PRA identified four quarantine pests
that could follow the pathway on
Phalaenopsis spp. plants for planting in
approved growing media from China to
the continental United States:
Spodoptera litura, Thrips palmi,
Cylindrosporium phalaenopsidis, and
Lissachatina fulica. The commenters
stated that, if these pests became
established throughout the United
States, they could result in significant
economic losses for domestic producers.
For this reason, the commenters did not
support the proposed rule.
We agree that, if the quarantine pests
identified by the PRA were to become
established throughout the United
States, they could cause economic
losses for domestic producers. However,
for the reasons specified in the RMD
and the proposed rule itself, if the
provisions of this rule are adhered to,
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we have determined that they will
mitigate the plant pest risk associated
with the importation of Phalaenopsis
spp. plants for planting in approved
growing media from China.
Because we had identified more pests
that could follow the pathway on
orchids from Taiwan to the United
States than from China to the
continental United States, one
commenter surmised that we were
establishing more favorable trading
conditions for China than for Taiwan
regarding the export of orchids to the
United States.
The commenter’s assumption is
incorrect. There are more quarantine
pests of Oncidium spp. known to occur
in Taiwan that could follow the
pathway on Oncidium spp. plants for
planting in approved growing media
from Taiwan to the United States than
there are of Phalaenopsis spp. known to
occur in China that could follow the
pathway on Phalaenopsis spp. plants for
planting in approved growing media
from China to the continental United
States.
Finally, one commenter asked
whether we were confident that the PRA
had identified all the plant pests of
Phalaenopsis spp. plants for planting in
China, given China’s size.
We are confident. In the PRA, we took
into consideration China’s size and
relied on multiple sources to identify
pests of Phalaenopsis spp. plants for
planting in China.
Comments Regarding Movement to
Hawaii
One commenter noted that the rule
only proposed to authorize the
importation of Phalaenopsis spp. plants
for planting in approved growing media
from China to the continental United
States, and did not propose to authorize
such importation to Hawaii or the
territories of the United States. The
commenter asked whether, once
Phalaenopsis spp. plants for planting in
approved growing media from China
enter the continental United States, they
subsequently may be shipped to Hawaii
or the territories. If the rule does not
authorize such reshipment, the
commenter asked how we intended to
prevent it from occurring.
This rule expressly prohibits such
reshipment, and we will use inspections
to prevent it from occurring.
Comments Regarding the Proposed
Systems Approach
We proposed that the Phalaenopsis
spp. plants for planting would have to
be grown in a greenhouse in which
sanitary procedures adequate to exclude
quarantine pests are always employed.
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We proposed that, at a minimum, the
greenhouse would have to be free from
sand and soil, have screenings with
openings of not more than 0.6 mm on
all vents and openings except
entryways, have entryways equipped
with automatic closing doors, regularly
clean and disinfect floors, benches, and
tools, and use only rainwater that has
been boiled or pasteurized, clean well
water, or potable water to water the
plants.
One commenter stated that plant pest
population densities can vary
significantly within a foreign region.
The commenter expressed concern that
sanitary procedures that are adequate to
exclude quarantine pests from a
greenhouse in one region of China may
not be adequate to do so in another
region.
Growers must employ sanitary
procedures that are adequate to exclude
quarantine pests from the Phalaenopsis
spp. plants for planting grown at the
greenhouse that are intended for export
to the United States. These sanitary
procedures must therefore correspond to
the quarantine pest risk associated with
the area in which the greenhouse is
located. Accordingly, if the greenhouse
is located in an area of China with
particularly high population densities of
a certain quarantine pest, the grower
may need to employ additional
safeguards to exclude that pest from
affecting plants for planting at the
greenhouse. The NPPO of China will
make this determination regarding
whether additional safeguards are
necessary, and will communicate the
safeguards needed to the greenhouse in
an agreement with the grower. The
grower must enter into such an
agreement with the NPPO in order to
export Phalaenopsis spp. plants for
planting in approved growing media to
the United States.
Another commenter expressed
concern that screenings with openings
of 0.6 mm would not preclude T. palmi
from entering the greenhouses. The
commenter cited studies indicating that
40 to 50 percent of T. palmi that attempt
to pass through such an opening can do
so.
We agree that screenings with
openings of 0.6 mm may not preclude
all T. palmi from entering the
greenhouse. However, as we mentioned
above, in order to comply with the
provisions of the systems approach,
growers will have to employ sanitary
procedures that are sufficient to exclude
quarantine pests from the Phalaenopsis
spp. intended for export to the United
States. Accordingly, growers in areas
where T. palmi are present will be
expected to develop a pest management
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plan for T. palmi to address incursions
of this pest into the greenhouse; the
plan must have sufficient safeguards to
prevent Phalaenopsis spp. plants for
planting intended for export to the
United States from becoming infested
with T. palmi. The agreement that the
grower enters into with the NPPO of
China will specify the additional
safeguards that the grower will use.
In the proposed rule, we proposed to
add a condition restricting the
importation of Phalaenopsis spp. from
China in approved growing media to the
continental United States to § 319.37–8
as paragraph (e)(2)(xii). In this final rule,
it is added as paragraph (e)(2)(xiii).
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, with the change discussed in this
document.
Executive Order 12866 and Regulatory
Flexibility Act
This 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 5 U.S.C. 604, we
have performed 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.
APHIS is amending the regulations in
7 CFR 319.37–8(e) to allow the
importation from China into the
continental United States of orchids of
the genus Phalaenopsis established in
an approved growing medium, subject
to specified growing, inspection, and
certification requirements.
Prior to this rule, Phalaenopsis spp.
imported from China were required to
be bare-rooted. Eliminating this
requirement is expected to increase the
number and quality of orchids imported
from China by U.S. producers, who then
finish the plants for the retail market.
This change could result in cost savings
for these U.S. producers, which may or
may not be passed on to U.S. buyers.
The amended regulations could also
result in the importation of marketready Phalaenopsis spp. in approved
growing media from China that would
directly compete at wholesale and retail
levels with U.S. finished potted orchids.
The latter scenario is considered
unlikely, given the technical challenges
and additional marketing costs incurred
when shipping finished plants in pots.
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While many of the U.S. entities that
will be affected by the rule such as
orchid producers and importers may be
small by Small Business Administration
standards, we expect economic effects
for these entities to be modest.
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 Phalaenopsis spp. plants
for planting from China, subject to a
required systems approach, 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.
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) 799–7039 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
In accordance with section 3507(d) of
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the information
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7197
collection or recordkeeping
requirements included in this final rule,
which were filed under 0579–0439,
have been submitted for approval to the
Office of Management and Budget
(OMB). When OMB notifies us of its
decision, if approval is denied, we will
publish a document in the Federal
Register providing notice of what action
we plan to take.
E-Government Act Compliance
The Animal and Plant Health
Inspection Service is committed to
compliance with the E-Government Act
to promote the use of the Internet and
other information technologies, to
provide increased opportunities for
citizen access to Government
information and services, and for other
purposes. For information pertinent to
E-Government Act compliance related
to this final rule, please contact Ms.
Kimberly Hardy, APHIS’ Information
Collection Coordinator, at (301) 851–
2727.
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 are amending 7 CFR
part 319 as follows:
PART 319—FOREIGN QUARANTINE
NOTICES
1. The authority citation for part 319
continues to read as follows:
■
Authority: 7 U.S.C. 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 is amended as
follows:
■ a. In paragraph (e) introductory text,
in the entry for ‘‘Phalaenopsis spp. from
Taiwan’’, add the words ‘‘and the
People’s Republic of China’’ after the
word ‘‘Taiwan’’.
■ b. Add paragraph (e)(2)(xiii).
■ c. Revise the OMB citation at the end
of the section.
The addition and revision read as
follows:
■
§ 319.37–8
Growing media.
*
*
*
*
*
(e) * * *
(2) * * *
(xiii) Plants for planting of
Phalaenopsis spp. from the People’s
Republic of China may only be imported
into the continental United States, and
may not be imported or moved into
Hawaii or the territories of the United
States.
*
*
*
*
*
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Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations
(Approved by the Office of Management and
Budget under control numbers 0579–0266,
0579–0431, and 0579–0439)
■
Done in Washington, DC, this 5th day of
February 2015.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
§ 702.504
[FR Doc. 2016–02822 Filed 2–10–16; 8:45 am]
BILLING CODE 3410–34–P
NATIONAL CREDIT UNION
ADMINISTRATION
12 CFR Part 702
RIN 3133–AE44
Capital Planning and Stress Testing—
Schedule Shift
National Credit Union
Administration (NCUA).
ACTION: Final rule; correcting
amendment.
AGENCY:
The NCUA Board (Board)
published a final rule in the Federal
Register on August 11, 2015, regarding
the capital planning and stress testing
provisions in NCUA’s regulations. This
amendment corrects the regulations by
reinstating a provision that was
inadvertently removed by the August
2015 final rule.
DATES: This correcting amendment is
effective February 11, 2016.
FOR FURTHER INFORMATION CONTACT:
Marvin Shaw, Staff Attorney, Office of
General Counsel, 1775 Duke Street,
Alexandria VA 22314 or telephone (703)
518–6553.
SUPPLEMENTARY INFORMATION: NCUA is
correcting a technical error in the final
rule NCUA published in the Federal
Register on August 11, 2015 (80 FR
48012). This amendment corrects
§ 702.504(a) of NCUA’s regulations by
reinstating § 702.504(a)(2) which was
inadvertently removed by the August
2015 final rule.
SUMMARY:
List of Subjects in 12 CFR Part 702
Capital, Credit unions, Reporting and
recordkeeping requirements.
jstallworth on DSK7TPTVN1PROD with RULES
By the National Credit Union
Administration Board on February 5, 2016.
Gerard Poliquin,
Secretary of the Board.
For the reasons discussed above, the
National Credit Union Administration
amends part 702 as follows:
PART 702—CAPITAL ADEQUACY
1. The authority citation for part 702
continues to read as follows:
■
Authority: 12 U.S.C. 1766(a), 1790d.
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2. In § 702.504, revise paragraph (a) to
read as follows:
Capital planning.
(a) Annual capital planning. (1) A
covered credit union must develop and
maintain a capital plan. It must submit
this plan and its capital policy to NCUA
by May 31 each year, or such later date
as directed by NCUA. The plan must be
based on the credit union’s financial
data as of December 31 of the preceding
calendar year, or such other date as
directed by NCUA. NCUA will assess
whether the capital planning and
analysis process is sufficiently robust in
determining whether to accept a credit
union’s capital plan.
(2) A covered credit union’s board of
directors (or a designated committee of
the board) must at least annually, and
prior to the submission of the capital
plan under paragraph (a)(1) of this
section:
(i) Review the credit union’s process
for assessing capital adequacy;
(ii) Ensure that any deficiencies in the
credit union’s process for assessing
capital adequacy are appropriately
remedied; and
(iii) Approve the credit union’s
capital plan.
*
*
*
*
*
[FR Doc. 2016–02740 Filed 2–10–16; 8:45 am]
BILLING CODE 7535–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2015–5877; Special
Conditions No. 25–610–SC]
Special Conditions: The Boeing
Company, Model 737–8 Airplanes;
Design Roll-Maneuver Requirements
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for Boeing Model 737–8
airplanes. These airplanes will have a
novel or unusual design feature
associated with an electronic flightcontrol system that provides roll control
of the airplane through pilot inputs to
the flight computers. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
SUMMARY:
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of safety equivalent to that established
by the existing airworthiness standards.
DATES: This action is effective on the
Boeing Company on February 11, 2016.
We must receive your comments by
March 28, 2016.
ADDRESSES: Send comments identified
by docket no. FAA–2015–5877 using
any of the following methods:
• Federal eRegulations Portal: Go to
https://www.regulations.gov/ and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30, U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE., Room W12–140, West
Building Ground Floor, Washington,
DC, 20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: The FAA will post all
comments it receives, without change,
to https://www.regulations.gov/,
including any personal information the
commenter provides. Using the search
function of the docket Web site, anyone
can find and read the electronic form of
all comments received into any FAA
docket, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement can be
found in the Federal Register published
on April 11, 2000 (65 FR 19477–19478),
as well as at https://DocketsInfo.dot
.gov/.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any time.
Follow the online instructions for
accessing the docket, or go to Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Mark Freisthler, FAA, Airframe and
Cabin Safety Branch, Transport
Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue
SW., Renton, Washington, 98057–3356;
telephone 425–227–1119; facsimile
425–227–1232.
SUPPLEMENTARY INFORMATION: The FAA
has determined that notice of, and
opportunity for prior public comment
on, these special conditions is
impracticable because these procedures
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Agencies
[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Rules and Regulations]
[Pages 7195-7198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02822]
========================================================================
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.
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Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 /
Rules and Regulations
[[Page 7195]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2014-0106]
RIN 0579-AE10
Importation of Phalaenopsis Spp. Plants for Planting in Approved
Growing Media From China to the Continental United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations governing the importation of
plants for planting to authorize the importation of Phalaenopsis spp.
plants for planting from China in approved growing media into the
continental United States, subject to a systems approach. The systems
approach consists of measures that are currently specified in the
regulations as generally applicable to all plants for planting
authorized for importation into the United States in approved growing
media. This rule allows for the importation of Phalaenopsis spp. plants
for planting from China in approved growing media, while providing
protection against the introduction of quarantine plant pests.
DATES: Effective March 14, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Lydia E. Col[oacute]n, PPQ, APHIS,
4700 River Road, Unit 133, Riverdale, MD 20737-1236; (301) 851-2302.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 319 prohibit or restrict the
importation of certain plants and plant products into the United States
to prevent the introduction of quarantine plant pests. The regulations
contained in ``Subpart--Plants for Planting,'' Sec. Sec. 319.37
through 319.37-14 (referred to below as the regulations), prohibit or
restrict, among other things, the importation of living plants, plant
parts, and seeds for propagation or planting.
The regulations differentiate between prohibited articles and
restricted articles. Prohibited articles are plants for planting whose
importation into the United States is not authorized due to the risk
the articles present of introducing or disseminating quarantine plant
pests. Restricted articles are articles authorized for importation into
the United States, provided that the articles are subject to mitigation
measures to address such risk.
Conditions for the importation into the United States of restricted
articles in growing media are found in Sec. 319.37-8. Within that
section, the introductory text of paragraph (e) lists taxa of
restricted articles that may be imported into the United States in
approved growing media, subject to the provisions of a systems
approach. Paragraph (e)(1) of Sec. 319.37-8 lists the approved growing
media, while paragraph (e)(2) contains the provisions of the systems
approach. Within paragraph (e)(2), paragraphs (i) through (viii)
contain provisions that are generally applicable to all the taxa listed
in the introductory text of paragraph (e), while paragraphs (ix)
through (xii) contain additional, taxon-specific provisions.
In response to a request from the national plant protection
organization (NPPO) of China, on June 1, 2015, in a proposed rule \1\
published in the Federal Register (80 FR 30959-30961, Docket No. APHIS-
2014-0106), we proposed to amend the introductory text of paragraph (e)
of Sec. 319.37-8 to add Phalaenopsis spp. plants for planting from
China to the list of taxa authorized for importation into the United
States in approved growing media. We also proposed to add a paragraph
(e)(2)(xii) to Sec. 319.37-8 that would specify that such plants for
planting may only be imported into the continental United States.
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\1\ To view the proposed rule, its supporting documents, or the
comments that we received, go to https://www.regulations.gov/#!docketDetail;D=APHIS-2014-0106.
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We solicited comments concerning our proposal for 60 days ending
July 31, 2015. We received eight comments by that date. They were from
the NPPO of China, two State departments of agriculture, an
organization representing State departments of agriculture, an
organization representing horticulture in the State of Hawaii, a plant
pathologist specializing in Phalaenopsis spp. plants for planting, and
private citizens.
One commenter suggested we finalize the rule, as written. The
remaining commenters had questions and comments regarding the rule and
its supporting documents. We discuss the comments that we received
below, by topic.
Comments Regarding the Pest Risk Assessment and Risk Management
Document
In response to the NPPO of China's request, we prepared a pest risk
assessment (PRA), titled ``Importation of Phalaenopsis spp. Orchids in
Growing Media from China into the Continental United States: A Pathway-
Initiated Risk Assessment,'' to analyze the potential pest risk
associated with the importation of Phalaenopsis spp. plants for
planting in approved growing media into the continental United States
from China. We also prepared a risk management document (RMD), titled
``Importation of Phalaenopsis spp. Orchids in Approved Growing Media
from China into the Continental United States,'' to identify the
phytosanitary measures necessary to ensure the safe importation into
the continental United States of Phalaenopsis spp. plants for planting
in approved growing media from China.
One commenter stated that the PRA did not consider the possibility
that viral pathogens of Phalaenopsis spp. plants for planting could be
introduced into the continental United States through the importation
of Phalaenopsis spp. plants for planting in approved growing media from
China.
In developing our PRAs, we first prepare a list of pests of the
commodity that we have determined to occur in the particular foreign
region. We then determine whether the pests are quarantine pests, which
the regulations define as plant pests that are of potential economic
importance to the United States and not yet present in the United
States, or present but not widely distributed and being officially
controlled. If the pests are quarantine pests, we then assess whether
they
[[Page 7196]]
could be introduced into the United States through the importation of
the commodity.
The PRA identified five viral pathogens of Phalaenopsis spp. plants
for planting that we have determined to occur in China. However, none
of these pathogens are quarantine pests. Accordingly, we did not assess
whether they are likely to follow the pathway on Phalaenopsis spp.
plants for planting in approved growing media from China to the
continental United States.
One commenter pointed out that, in the PRA, the list of plant pests
of Phalaenopsis spp. plants for planting that are known to occur in
China did not include Dickeya dieffenbachiae, a bacterial pathogen, and
Colletotrichum karstii, a pathogenic fungus. The commenter stated that
these pests occur in China and could follow the pathway on Phalaenopsis
spp. plants for planting in approved growing media from China to the
continental United States. The commenter concluded that the pests
therefore should be added to the PRA, and mitigation measures specific
to the pests should be added to the RMD and rule.
D. dieffenbachiae and C. karstii were detected in China after the
PRA and RMD were drafted, and we agree with the commenter that they
could follow the pathway on Phalaenopsis spp. plants for planting in
approved growing media from China to the continental United States.
However, we do not consider it necessary to revise the RMD or rule to
specify mitigation measures for these pests. We reserve pest-specific
mitigation measures for quarantine pests. Neither D. dieffenbachiae nor
C. karstii is a quarantine pest: Both are present in the United States,
and neither pest is under official control.
Two commenters pointed out that the PRA identified four quarantine
pests that could follow the pathway on Phalaenopsis spp. plants for
planting in approved growing media from China to the continental United
States: Spodoptera litura, Thrips palmi, Cylindrosporium
phalaenopsidis, and Lissachatina fulica. The commenters stated that, if
these pests became established throughout the United States, they could
result in significant economic losses for domestic producers. For this
reason, the commenters did not support the proposed rule.
We agree that, if the quarantine pests identified by the PRA were
to become established throughout the United States, they could cause
economic losses for domestic producers. However, for the reasons
specified in the RMD and the proposed rule itself, if the provisions of
this rule are adhered to, we have determined that they will mitigate
the plant pest risk associated with the importation of Phalaenopsis
spp. plants for planting in approved growing media from China.
Because we had identified more pests that could follow the pathway
on orchids from Taiwan to the United States than from China to the
continental United States, one commenter surmised that we were
establishing more favorable trading conditions for China than for
Taiwan regarding the export of orchids to the United States.
The commenter's assumption is incorrect. There are more quarantine
pests of Oncidium spp. known to occur in Taiwan that could follow the
pathway on Oncidium spp. plants for planting in approved growing media
from Taiwan to the United States than there are of Phalaenopsis spp.
known to occur in China that could follow the pathway on Phalaenopsis
spp. plants for planting in approved growing media from China to the
continental United States.
Finally, one commenter asked whether we were confident that the PRA
had identified all the plant pests of Phalaenopsis spp. plants for
planting in China, given China's size.
We are confident. In the PRA, we took into consideration China's
size and relied on multiple sources to identify pests of Phalaenopsis
spp. plants for planting in China.
Comments Regarding Movement to Hawaii
One commenter noted that the rule only proposed to authorize the
importation of Phalaenopsis spp. plants for planting in approved
growing media from China to the continental United States, and did not
propose to authorize such importation to Hawaii or the territories of
the United States. The commenter asked whether, once Phalaenopsis spp.
plants for planting in approved growing media from China enter the
continental United States, they subsequently may be shipped to Hawaii
or the territories. If the rule does not authorize such reshipment, the
commenter asked how we intended to prevent it from occurring.
This rule expressly prohibits such reshipment, and we will use
inspections to prevent it from occurring.
Comments Regarding the Proposed Systems Approach
We proposed that the Phalaenopsis spp. plants for planting would
have to be grown in a greenhouse in which sanitary procedures adequate
to exclude quarantine pests are always employed. We proposed that, at a
minimum, the greenhouse would have to be free from sand and soil, have
screenings with openings of not more than 0.6 mm on all vents and
openings except entryways, have entryways equipped with automatic
closing doors, regularly clean and disinfect floors, benches, and
tools, and use only rainwater that has been boiled or pasteurized,
clean well water, or potable water to water the plants.
One commenter stated that plant pest population densities can vary
significantly within a foreign region. The commenter expressed concern
that sanitary procedures that are adequate to exclude quarantine pests
from a greenhouse in one region of China may not be adequate to do so
in another region.
Growers must employ sanitary procedures that are adequate to
exclude quarantine pests from the Phalaenopsis spp. plants for planting
grown at the greenhouse that are intended for export to the United
States. These sanitary procedures must therefore correspond to the
quarantine pest risk associated with the area in which the greenhouse
is located. Accordingly, if the greenhouse is located in an area of
China with particularly high population densities of a certain
quarantine pest, the grower may need to employ additional safeguards to
exclude that pest from affecting plants for planting at the greenhouse.
The NPPO of China will make this determination regarding whether
additional safeguards are necessary, and will communicate the
safeguards needed to the greenhouse in an agreement with the grower.
The grower must enter into such an agreement with the NPPO in order to
export Phalaenopsis spp. plants for planting in approved growing media
to the United States.
Another commenter expressed concern that screenings with openings
of 0.6 mm would not preclude T. palmi from entering the greenhouses.
The commenter cited studies indicating that 40 to 50 percent of T.
palmi that attempt to pass through such an opening can do so.
We agree that screenings with openings of 0.6 mm may not preclude
all T. palmi from entering the greenhouse. However, as we mentioned
above, in order to comply with the provisions of the systems approach,
growers will have to employ sanitary procedures that are sufficient to
exclude quarantine pests from the Phalaenopsis spp. intended for export
to the United States. Accordingly, growers in areas where T. palmi are
present will be expected to develop a pest management
[[Page 7197]]
plan for T. palmi to address incursions of this pest into the
greenhouse; the plan must have sufficient safeguards to prevent
Phalaenopsis spp. plants for planting intended for export to the United
States from becoming infested with T. palmi. The agreement that the
grower enters into with the NPPO of China will specify the additional
safeguards that the grower will use.
In the proposed rule, we proposed to add a condition restricting
the importation of Phalaenopsis spp. from China in approved growing
media to the continental United States to Sec. 319.37-8 as paragraph
(e)(2)(xii). In this final rule, it is added as paragraph (e)(2)(xiii).
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
change discussed in this document.
Executive Order 12866 and Regulatory Flexibility Act
This 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 5 U.S.C. 604, we have performed 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.
APHIS is amending the regulations in 7 CFR 319.37-8(e) to allow the
importation from China into the continental United States of orchids of
the genus Phalaenopsis established in an approved growing medium,
subject to specified growing, inspection, and certification
requirements.
Prior to this rule, Phalaenopsis spp. imported from China were
required to be bare-rooted. Eliminating this requirement is expected to
increase the number and quality of orchids imported from China by U.S.
producers, who then finish the plants for the retail market. This
change could result in cost savings for these U.S. producers, which may
or may not be passed on to U.S. buyers. The amended regulations could
also result in the importation of market-ready Phalaenopsis spp. in
approved growing media from China that would directly compete at
wholesale and retail levels with U.S. finished potted orchids. The
latter scenario is considered unlikely, given the technical challenges
and additional marketing costs incurred when shipping finished plants
in pots.
While many of the U.S. entities that will be affected by the rule
such as orchid producers and importers may be small by Small Business
Administration standards, we expect economic effects for these entities
to be modest.
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
Phalaenopsis spp. plants for planting from China, subject to a required
systems approach, 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. 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) 799-7039 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
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 final rule, which were
filed under 0579-0439, have been submitted for approval to the Office
of Management and Budget (OMB). When OMB notifies us of its decision,
if approval is denied, we will publish a document in the Federal
Register providing notice of what action we plan to take.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this final rule, please contact Ms. Kimberly
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727.
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 are amending 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 is amended as follows:
0
a. In paragraph (e) introductory text, in the entry for ``Phalaenopsis
spp. from Taiwan'', add the words ``and the People's Republic of
China'' after the word ``Taiwan''.
0
b. Add paragraph (e)(2)(xiii).
0
c. Revise the OMB citation at the end of the section.
The addition and revision read as follows:
Sec. 319.37-8 Growing media.
* * * * *
(e) * * *
(2) * * *
(xiii) Plants for planting of Phalaenopsis spp. from the People's
Republic of China may only be imported into the continental United
States, and may not be imported or moved into Hawaii or the territories
of the United States.
* * * * *
[[Page 7198]]
(Approved by the Office of Management and Budget under control
numbers 0579-0266, 0579-0431, and 0579-0439)
Done in Washington, DC, this 5th day of February 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-02822 Filed 2-10-16; 8:45 am]
BILLING CODE 3410-34-P