Importation of Campanula spp. Plants for Planting in Approved Growing Media From Denmark Into the United States, 11395-11397 [2018-05267]

Download as PDF 11395 Rules and Regulations Federal Register Vol. 83, No. 51 Thursday, March 15, 2018 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. DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS–2016–0051] RIN 0579–AE31 Importation of Campanula spp. Plants for Planting in Approved Growing Media From Denmark Into the 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 by authorizing the importation of Campanula spp. plants for planting from Denmark in approved growing media into the United States, subject to a systems approach. The systems approach will include measures that are currently specified in the regulations as generally applicable to all plants for planting authorized importation into the United States in approved growing media. This action will allow for the importation of Campanula spp. plants for planting from Denmark in approved growing media, while providing protection against the introduction of plant pests. DATES: Effective April 16, 2018. FOR FURTHER INFORMATION CONTACT: Dr. Narasimha Samboju, Senior Regulatory Policy Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737–1236; (301) 851–2038. SUPPLEMENTARY INFORMATION: sradovich on DSK3GMQ082PROD with RULES 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. The regulations contained in ‘‘Subpart— VerDate Sep<11>2014 16:08 Mar 14, 2018 Jkt 244001 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 plant pests. Restricted articles are articles that may be imported into the United States, provided that the articles are subject to measures to address the associated risks. Conditions for the importation into the United States of restricted articles in growing media are found in § 319.37–8. In § 319.37–8, the introductory text in 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) 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 (xiii) contain additional, taxon-specific provisions. In response to a request from the national plant protection organization (NPPO) of Denmark, we prepared a pest risk assessment (PRA) in order to analyze the plant pest risks associated with the importation of Campanula spp. plants for planting in approved growing media from Denmark into the United States. The PRA identified 10 quarantine pests that could be introduced into the United States through the importation of Campanula spp. plants for planting from Denmark in approved growing media. Based on the findings of the PRA, we prepared a risk management document (RMD) to determine whether phytosanitary measures exist that would address the quarantine plant pest risk. The RMD found that the mitigations currently specified in § 319.37–8, paragraphs (e)(2)(i) through (viii), that are generally applicable to the importation of all restricted articles authorized importation into the United States in approved growing media will mitigate PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 the risk associated with the importation of Campanula spp. plants for planting in approved growing media from Denmark into the United States. Accordingly, on June 20, 2017, we published in the Federal Register (82 FR 28015–28017, Docket No. APHIS– 2016–0051) a proposal 1 to amend the regulations by adding Campanula spp. plants for planting from Denmark to the list of taxa authorized importation into the United States in approved growing media in accordance with the requirements of § 319.37–8(e). We solicited comment concerning our proposal for 60 days ending August 21, 2017. We received two comments by that date. They were from a private citizen and a State department of agriculture. One commenter was generally opposed to the importation of Campanula spp. from Denmark, but did not offer any specific concerns or objections to be addressed. One commenter stated that, although the approved growing media effectively mitigates the movement of arthropods occurring with the soil, it does not address the potential movement of the other quarantine plants pests identified in the PRA: The leafminers, Liriomyza buhri Hering, L. strigata (Meigen) and Phytomyza campanulae Hendel; the whitefly, Aleyrodes lonicerae; the aphids, Aphis psammophila Szelegiewicz, Uroleucon campanulae (Kaltenbach), U. nigrocampanulae (Theobald), and U. rapunculoidis ¨ (Borner); the thrips, Thrips major Uzel; and the mollusk, Arianta arbustorum (L.). The commenter suggested that a systems approach would not be enough to mitigate the risks associated with these plant pests as some have the potential to evade detection during inspection, and that an introduction of any of these pests would result in major eradication efforts that would have severe economic impacts on Florida’s agricultural industry. Because of this, the commenter recommended that shipments of Campanula spp. plants from Denmark not be allowed into Florida. As explained in the RMD (Appendix 1), the pests specifically referenced by the commenter will be mitigated by the systems approach. Inspections will be 1 To view the proposed rule, supporting documents, and the comments we received, go to https://www.regulations.gov/docket?D=APHIS2016-0051. E:\FR\FM\15MRR1.SGM 15MRR1 11396 Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules and Regulations sradovich on DSK3GMQ082PROD with RULES conducted in concert with required greenhouse operating procedures that will include specific sanitary measures and pest exclusionary mechanisms that have proven to effectively mitigate the risks associated with these plant pests. The commenter did not provide any evidence suggesting that the mitigations are not effective. Therefore, we are not taking the action suggested by the comment. 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 Orders 12866 and 13771 and Regulatory Flexibility Act This final 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. Further, because this rule is not significant, it is not a regulatory action under Executive Order 13771. 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 by contacting the person listed under FOR FURTHER INFORMATION CONTACT or on the Regulations.gov website (see ADDRESSES above for instructions for accessing Regulations.gov). The Animal and Plant Health Inspection Service (APHIS) is amending the regulations in 7 CFR 319.37–8 to allow the importation of Campanula spp. plants in growing media. Such plants are generally imported barerooted into the United States, and are rooted and potted for sale by U.S. nurseries. The final rule will expand potted Campanula spp. imports from Denmark by eliminating the requirement that growing media be removed. In 2014, U.S. production of potted Campanula spp. plants was valued at $683,000. The Small Business Administration (SBA) small-entity standard for entities involved in floriculture production is $750,000 or less in annual receipts. It is probable that most domestic producers of potted Campanula spp. plants are small entities by the SBA standard. The NPPO of Denmark estimates that shipments of Campanula spp. plants in growing media to the United States may total $5–10 million annually, that is, the volume could reach a level higher than domestic U.S. production. However, we do not have information on existing U.S. import levels that would give this comparison appropriate perspective. VerDate Sep<11>2014 16:08 Mar 14, 2018 Jkt 244001 Although the rule could theoretically enable Denmark-based exporters to bypass U.S. growers altogether and provide finished plants directly to retailers, it is less likely because flowering potted plants tend to be more sensitive to shipping conditions. Consequently, it is more likely that the Danish growers will continue to export immature plants to U.S. growers who will then grow them out for sale as finished plants, but with a higher success rate and shorter market delay than under current regulations. U.S. growers who import Campanula spp. plants from Denmark may benefit directly from the rule, if the resulting finished plants have a higher market value. 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 Campanula spp. plants for planting in approved growing media from Denmark 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 website (see footnote 1). 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 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 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 requirements included in this final rule, which were filed under 0579– 0463, 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 EGovernment 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 rule, please contact Ms. Kimberly Hardy, APHIS’ Information Collection Coordinator, at (301) 851–2483. 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 and 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, by adding, in alphabetical order, an entry for ‘‘Campanula spp. from Denmark’’; and ■ b. By revising the OMB citation at the end of the section. The revision reads as follows: ■ § 319.37–8 Growing media. * * E:\FR\FM\15MRR1.SGM * 15MRR1 * * Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules and Regulations 11397 (Approved by the Office of Management and Budget under control numbers 0579–0190, 0579–0439, 0579–0454, 0579–0458, and 0579–0463) for and locating Docket No. FAA–2017– 0778. Effect of Winglets on Accomplishment of the Proposed Actions Examining the AD Docket Done in Washington, DC, this 9th day of March 2018. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. You may examine the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0778; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Docket 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. Aviation Partners Boeing stated that accomplishing the supplemental type certificate (STC) ST01518SE does not affect the actions specified in the NPRM. We concur with the commenter. We have redesignated paragraph (c) of the proposed AD as paragraph (c)(1) of this AD and added paragraph (c)(2) to this AD to state that installation of STC ST01518SE does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01518SE is installed, a ‘‘change in product’’ alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17. [FR Doc. 2018–05267 Filed 3–14–18; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2017–0778; Product Identifier 2017–NM–038–AD; Amendment 39–19228; AD 2018–06–08] FOR FURTHER INFORMATION CONTACT: RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: SUPPLEMENTARY INFORMATION: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 757–200 series airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the side panel-to-frame attachments and frames of the aft cargo compartment are subject to widespread fatigue damage (WFD). This AD requires an inspection of the side panel-to-frame attachments and frames to verify that certain modifications have been done, and applicable on-condition actions. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective April 19, 2018. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 19, 2018. ADDRESSES: For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; internet https://www.myboeingfleet.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available on the internet at https://www.regulations.gov by searching sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:08 Mar 14, 2018 Peter Jarzomb, Aerospace Engineer, Airframe Section, Los Angeles ACO Branch, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627–5234; fax: 562–627– 5210; email: peter.jarzomb@faa.gov. Jkt 244001 Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 757–200 series airplanes. The NPRM published in the Federal Register on August 25, 2017 (82 FR 40508). The NPRM was prompted by an evaluation by the DAH indicating that the side panel-to-frame attachments and frames of the aft cargo compartment are subject to WFD. The NPRM proposed to require an inspection of the side panelto-frame attachments and frames to verify that certain modifications have been done, and applicable on-condition actions. We are issuing this AD to prevent fatigue cracking at the attachment points of the side panel-toframe attachments of the aft cargo compartment, which could result in reduced structural integrity of the body frames, and consequent rapid decompression of the airplane. Comments We gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA’s response to each comment. Support for the NPRM Boeing and United Airlines agreed with the content of the NPRM. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 Request To Provide Instructions for Previously Repaired Areas FedEx Express asked that instructions to address previously repaired areas on which the modification has not been incorporated be added to Boeing Alert Service Bulletin 757–53A0012, Revision 1, dated January 25, 2017, before issuing the proposed AD. We do not agree with the commenter’s request. To wait for Boeing to update the service bulletin, as requested, would delay the issuance of the final rule. However, to delay this action would be inappropriate since we have determined that an unsafe condition exists and that the actions required by this AD must be done to ensure continued safety. If a previously repaired area does not incorporate the modification required by this AD, and the modification cannot be done on the previously repaired area, operators must request an alternative method of compliance (AMOC) using the procedures specified in paragraph (j) of this AD. We have made no change to this AD in this regard. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule with the changes described previously and minor editorial changes. We have determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. We also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule. E:\FR\FM\15MRR1.SGM 15MRR1

Agencies

[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Rules and Regulations]
[Pages 11395-11397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05267]



========================================================================
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. 

========================================================================


Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules 
and Regulations

[[Page 11395]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2016-0051]
RIN 0579-AE31


Importation of Campanula spp. Plants for Planting in Approved 
Growing Media From Denmark Into the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending the regulations governing the importation of 
plants for planting by authorizing the importation of Campanula spp. 
plants for planting from Denmark in approved growing media into the 
United States, subject to a systems approach. The systems approach will 
include measures that are currently specified in the regulations as 
generally applicable to all plants for planting authorized importation 
into the United States in approved growing media. This action will 
allow for the importation of Campanula spp. plants for planting from 
Denmark in approved growing media, while providing protection against 
the introduction of plant pests.

DATES: Effective April 16, 2018.

FOR FURTHER INFORMATION CONTACT: Dr. Narasimha Samboju, Senior 
Regulatory Policy Specialist, Plants for Planting Policy, PPQ, APHIS, 
4700 River Road, Unit 133, Riverdale, MD 20737-1236; (301) 851-2038.

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 plant pests. 
Restricted articles are articles that may be imported into the United 
States, provided that the articles are subject to measures to address 
the associated risks.
    Conditions for the importation into the United States of restricted 
articles in growing media are found in Sec.  319.37-8. In Sec.  319.37-
8, the introductory text in 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) 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 (xiii) contain 
additional, taxon-specific provisions.
    In response to a request from the national plant protection 
organization (NPPO) of Denmark, we prepared a pest risk assessment 
(PRA) in order to analyze the plant pest risks associated with the 
importation of Campanula spp. plants for planting in approved growing 
media from Denmark into the United States. The PRA identified 10 
quarantine pests that could be introduced into the United States 
through the importation of Campanula spp. plants for planting from 
Denmark in approved growing media. Based on the findings of the PRA, we 
prepared a risk management document (RMD) to determine whether 
phytosanitary measures exist that would address the quarantine plant 
pest risk. The RMD found that the mitigations currently specified in 
Sec.  319.37-8, paragraphs (e)(2)(i) through (viii), that are generally 
applicable to the importation of all restricted articles authorized 
importation into the United States in approved growing media will 
mitigate the risk associated with the importation of Campanula spp. 
plants for planting in approved growing media from Denmark into the 
United States.
    Accordingly, on June 20, 2017, we published in the Federal Register 
(82 FR 28015-28017, Docket No. APHIS-2016-0051) a proposal \1\ to amend 
the regulations by adding Campanula spp. plants for planting from 
Denmark to the list of taxa authorized importation into the United 
States in approved growing media in accordance with the requirements of 
Sec.  319.37-8(e).
---------------------------------------------------------------------------

    \1\ To view the proposed rule, supporting documents, and the 
comments we received, go to https://www.regulations.gov/docket?D=APHIS-2016-0051.
---------------------------------------------------------------------------

    We solicited comment concerning our proposal for 60 days ending 
August 21, 2017. We received two comments by that date. They were from 
a private citizen and a State department of agriculture. One commenter 
was generally opposed to the importation of Campanula spp. from 
Denmark, but did not offer any specific concerns or objections to be 
addressed.
    One commenter stated that, although the approved growing media 
effectively mitigates the movement of arthropods occurring with the 
soil, it does not address the potential movement of the other 
quarantine plants pests identified in the PRA: The leafminers, 
Liriomyza buhri Hering, L. strigata (Meigen) and Phytomyza campanulae 
Hendel; the whitefly, Aleyrodes lonicerae; the aphids, Aphis 
psammophila Szelegiewicz, Uroleucon campanulae (Kaltenbach), U. 
nigrocampanulae (Theobald), and U. rapunculoidis (B[ouml]rner); the 
thrips, Thrips major Uzel; and the mollusk, Arianta arbustorum (L.). 
The commenter suggested that a systems approach would not be enough to 
mitigate the risks associated with these plant pests as some have the 
potential to evade detection during inspection, and that an 
introduction of any of these pests would result in major eradication 
efforts that would have severe economic impacts on Florida's 
agricultural industry. Because of this, the commenter recommended that 
shipments of Campanula spp. plants from Denmark not be allowed into 
Florida.
    As explained in the RMD (Appendix 1), the pests specifically 
referenced by the commenter will be mitigated by the systems approach. 
Inspections will be

[[Page 11396]]

conducted in concert with required greenhouse operating procedures that 
will include specific sanitary measures and pest exclusionary 
mechanisms that have proven to effectively mitigate the risks 
associated with these plant pests. The commenter did not provide any 
evidence suggesting that the mitigations are not effective. Therefore, 
we are not taking the action suggested by the comment.
    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 Orders 12866 and 13771 and Regulatory Flexibility Act

    This final 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. Further, because this rule is 
not significant, it is not a regulatory action under Executive Order 
13771. 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 by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT or on the Regulations.gov website (see 
ADDRESSES above for instructions for accessing Regulations.gov).
    The Animal and Plant Health Inspection Service (APHIS) is amending 
the regulations in 7 CFR 319.37-8 to allow the importation of Campanula 
spp. plants in growing media. Such plants are generally imported bare-
rooted into the United States, and are rooted and potted for sale by 
U.S. nurseries. The final rule will expand potted Campanula spp. 
imports from Denmark by eliminating the requirement that growing media 
be removed.
    In 2014, U.S. production of potted Campanula spp. plants was valued 
at $683,000. The Small Business Administration (SBA) small-entity 
standard for entities involved in floriculture production is $750,000 
or less in annual receipts. It is probable that most domestic producers 
of potted Campanula spp. plants are small entities by the SBA standard.
    The NPPO of Denmark estimates that shipments of Campanula spp. 
plants in growing media to the United States may total $5-10 million 
annually, that is, the volume could reach a level higher than domestic 
U.S. production. However, we do not have information on existing U.S. 
import levels that would give this comparison appropriate perspective.
    Although the rule could theoretically enable Denmark-based 
exporters to bypass U.S. growers altogether and provide finished plants 
directly to retailers, it is less likely because flowering potted 
plants tend to be more sensitive to shipping conditions. Consequently, 
it is more likely that the Danish growers will continue to export 
immature plants to U.S. growers who will then grow them out for sale as 
finished plants, but with a higher success rate and shorter market 
delay than under current regulations. U.S. growers who import Campanula 
spp. plants from Denmark may benefit directly from the rule, if the 
resulting finished plants have a higher market value.

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 Campanula 
spp. plants for planting in approved growing media from Denmark 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 website (see footnote 1). 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 
requirements included in this final rule, which were filed under 0579-
0463, 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 EGovernment 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 rule, please contact Ms. Kimberly Hardy, 
APHIS' Information Collection Coordinator, at (301) 851-2483.

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 and 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, by adding, in alphabetical 
order, an entry for ``Campanula spp. from Denmark''; and
0
b. By revising the OMB citation at the end of the section.
    The revision reads as follows:


Sec.  319.37-8  Growing media.

* * * * *

[[Page 11397]]

(Approved by the Office of Management and Budget under control 
numbers 0579-0190, 0579-0439, 0579-0454, 0579-0458, and 0579-0463)

    Done in Washington, DC, this 9th day of March 2018.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2018-05267 Filed 3-14-18; 8:45 am]
 BILLING CODE 3410-34-P
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