Importation of Dianthus spp. From Kenya, 17587-17589 [2021-06947]
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Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Notices
and (4) APHIS’ NEPA Implementing
Procedures (7 CFR part 372).
Done in Washington, DC, this 31st day of
March 2021.
Michael Watson,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2021–06978 Filed 4–2–21; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2018–0068]
Importation of Dianthus spp. From
Kenya
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
We are notifying the public
that we are updating the U.S.
Department of Agriculture Plants for
Planting Manual to allow the
importation of Dianthus spp. cuttings
from Kenya without postentry
quarantine, subject to certain
conditions. We are taking this action in
response to a request from this country
and after determining that the cuttings
can be imported, under certain
conditions, without resulting in the
introduction into, or the dissemination
within, the United States of a plant pest.
DATES: The changes to the entry
conditions will be applicable on April 5,
2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Lydia E. Colo´n, Senior Regulatory
Policy Specialist, PPQ, APHIS, 4700
River Road, Unit 133, Riverdale, MD
20737–1236; (301) 851–2302.
SUPPLEMENTARY INFORMATION:
SUMMARY:
jbell on DSKJLSW7X2PROD with NOTICES
Background
Under the regulations in ‘‘Subpart
H—Plants for Planting’’ (7 CFR 319.37–
1 through 319.37–23, referred to below
as the regulations), the Animal and
Plant Health Inspection Service (APHIS)
of the U.S. Department of Agriculture
(USDA) prohibits or restricts the
importation of plants for planting
(including living plants, plant parts,
seeds, and plant cuttings) to prevent the
introduction of quarantine pests into the
United States. Quarantine pest is
defined in § 319.37–2 as a plant pest or
noxious weed that is 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. In accordance with § 319.37–
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17:23 Apr 02, 2021
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20, APHIS may impose quarantines and
other restrictions on the importation of
specific types of plants for planting.
These restrictions are listed in the
USDA Plants for Planting Manual.1
In a final rule 2 published in the
Federal Register on March 19, 2018 (83
FR 11845–11867, Docket No. APHIS–
2008–0011), and effective on April 18,
2018, we amended the regulations so
that restrictions on the importation of
certain types of plants for planting
would be included in the USDA Plants
for Planting Manual instead of the
regulations, meaning that changes to
specific restrictions on plants for
planting are no longer made through
rulemaking. Under § 319.37–20, if
APHIS determines it is necessary to add,
change, or remove restrictions on the
importation of a specific type of plant
for planting, we will publish in the
Federal Register a notice that
announces the proposed change and
invites public comment.
On May 9, 2019, we published in the
Federal Register (84 FR 20323–20324,
Docket No. APHIS–2018–0068) a
notice 3 in which we proposed to make
changes to the import requirements in
the USDA Plants for Planting Manual
for imports of Dianthus spp. (carnation)
cuttings from Kenya by allowing the
cuttings to be imported into the United
States without postentry quarantine,
subject to certain conditions outlined in
a commodity import evaluation
document (CIED).
We solicited comments on the notice
for 60 days ending on July 8, 2019. We
received six unique comments by that
date. They were from two horticultural
companies, two national trade
organizations who issued a joint
comment, two State departments of
agriculture, and a growers’ and
landscape association.
The issues raised by the commenters
are addressed below.
Two commenters asked that the risk
management measures include trapping
for lepidopteran pests using pheromone
lures. One of these commenters
expressed particular concern about the
pests Helicoverpa armigera, Agrotis
segetum, and Spodoptera littoralis.
As stated in the CIED, APHIS will
require that the Dianthus spp. cuttings
are grown in a pest-exclusionary
1 https://www.aphis.usda.gov/import_export/
plants/manuals/ports/downloads/plants_for_
planting.pdf.
2 The proposed and final rules, supporting
documents, and comments can be viewed at https://
www.regulations.gov. Enter APHIS–2008–0011 in
the Search field.
3 To view the notice, supporting documents, and
the comments we received, go to https://
www.regulations.gov, and enter APHIS–2018–0068
in the Search field.
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
17587
greenhouse that includes safeguards
against pests such as insect-proof
screening over openings and self-closing
double or airlock-type doors. The risk
management measures also require that
the production sites have monthly
inspections for lepidopteran pests for at
least four consecutive months
immediately prior to export. We are
confident that these measures will
sufficiently protect the cuttings against
lepidopteran pests without the need for
pheromone lures, which can attract
pests over long distances and have the
potential to inadvertently attract more
pests to the production site.
One of these commenters also
requested that we include two
arthropod pests, Chrysodeixis chalcites
and Lobesia botrana, both moths, in our
considerations.
Both of these pests are addressed in
the CIED. Chrysodeixis chalcites is
among the pests specifically named in
the risk mitigation measure of monthly
visual crop inspections for at least four
consecutive months immediately prior
to export. Lobesia botrana is listed in a
table of additional Dianthus spp. pests
present in Kenya, but with a note that
Dianthus spp. is an exempted host from
domestic quarantine regulations within
the United States for the movement of
Lobesia botrana host material as it has
been determined not to pose a risk of
spreading Lobesia botrana. For the sake
of consistency with domestic
regulations, we did not propose
mitigations for Lobesia botrana for the
importation of Dianthus spp. plants for
planting from Kenya without postentry
quarantine.
The commenter also requested that
the risk management measures include
inspecting the soil around the plants for
Agrotis segetum, a moth, and inspecting
the stems for boreholes as well as
cutting open a percentage of stems to
check for Epichoristodes acerbella, a
moth.
APHIS will emphasize in the
operational workplan that visual
inspections should include an
examination of the soil and an
inspection of stems for boreholes.
However, because the plant articles in
question are cuttings, and therefore not
likely to have stems sufficient to
support borers, we do not believe
stipulating the cutting open of stems to
be necessary.
One commenter expressed concern
about the importation of Dianthus spp.
from Kenya introducing strains of
Ralstonia solanacearum.
Dianthus spp. is not known to be a
host of Ralstonia solanacearum.
E:\FR\FM\05APN1.SGM
05APN1
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17588
Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Notices
One commenter asked about APHIS’
objective in lifting the postentry
quarantine.
APHIS has the authority to impose
restrictions on the importation of
specific types of plants for planting
when such restrictions are necessary to
effectively mitigate the risk of
introducing quarantine pests into the
United States. After receiving a request
from Kenya to allow for the importation
of Dianthus spp. cuttings from Kenya
without postentry quarantine, APHIS
determined that the systems approach
outlined in the CIED would successfully
mitigate the associated plant pest risk,
therefore eliminating the need for the
postentry quarantine restriction.
The commenter also expressed
general concern that the risk
management procedures would not
guarantee that Dianthus spp. cuttings
from Kenya would arrive to the United
States free from pests and would not
pose a risk to United States agriculture.
After completing a comprehensive
evaluation, APHIS believes that the pest
risk will be sufficiently mitigated by the
risk management measures outlined in
the CIED. These measures are consistent
with the measures regarding Dianthus
spp. cutting exports to the United States
taken by the national plant protection
organizations (NPPOs) of Great Britain
and the Netherlands, the two countries
that are currently exempted from the
postentry quarantine requirement for
Dianthus spp. if certain conditions are
met.
The commenter asked about the
prevalence of viruses in Kenya
compared to their prevalence in the
United States and the extent to which
this posed an agricultural risk.
The CIED listed two viruses among
the pests of concern for Dianthus spp.,
carnation etched ring virus (CERV) and
carnation necrotic fleck virus. CERV is
found worldwide, including in the
United States, but has not been reported
to occur in Kenya. Carnation necrotic
fleck virus is present in Great Britain
and the Netherlands with limited
distribution in the United States
(California), but is not known to occur
in Kenya. The systems approach we
outlined provides mitigation strategies
to prevent these pests from entering the
United States should they appear in
Kenya in the future.
The commenter also asked who
benefits from this decision, what the
impact on jobs would be, whether a
cost-benefit analysis had been
completed, and what need current
domestic production is not meeting in
the market that makes this change
necessary.
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17:23 Apr 02, 2021
Jkt 253001
As cuttings of Dianthus spp. are
already imported into the United States
from Kenya and this change would not
impact the current volume imported,
this change should not have any
economic impact or affect any jobs in
the United States. Moreover, APHIS’
authority to place restrictions on
imports of cuttings of Dianthus spp.
from Kenya is based on the pest risks
associated with such imports. The
Agency does not have statutory
authority to make decisions regarding
restrictions placed on the importation of
plants or plant products on the basis of
economic or competitive considerations.
The commenter asked whether other
agricultural crops were considered in
the CIED.
The request from Kenya focused
specifically on Dianthus spp. cuttings,
and therefore no other imported
agricultural crops were assessed. APHIS
analyzed whether this change would
increase the potential pest risk to
domestic agricultural crops and found
that a systems approach would be
sufficient to mitigate any potential risk
to United States agriculture.
Finally, the commenter expressed
concern about whether the NPPO of
Kenya is qualified to abide by the
systems approach, mentioning an
instance of Ralstonia solanacearum
found in plants imported from Kenya
that caused damage to United States
crops.
The NPPO of Kenya is a signatory to
the World Trade Organization’s
Agreement on Sanitary and
Phytosanitary Measures. As such, it has
agreed to respect the phytosanitary
measures the United States imposes on
the importation of plants and plant
products from Kenya. To ensure that
these phytosanitary measures are met,
APHIS will create a detailed operational
workplan with Kenya. Additionally, all
Dianthus spp. cuttings from Kenya will
be inspected at plant inspection stations
in the United States for quarantine
pests. If consignments are determined to
be infested, they will be subject to
appropriate remedial measures.
Therefore, based on the reasons
outlined in the initial notice, the CIED
accompanying the initial notice, and
this second notice, we are updating the
USDA Plants for Planting Manual to
allow the importation of Dianthus spp.
cuttings from Kenya without postentry
quarantine, provided that the NPPO of
Kenya enters into an operational
workplan with APHIS and:
• The cuttings are grown in a
greenhouse that is registered with the
NPPO of Kenya and that operates under
an agreement with the NPPO.
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Sfmt 4703
• The NPPO maintains a list of
registered growers and provides them to
APHIS at least annually.
• The production site incorporates
safeguards to prevent the entry of
arthropod pests including, but not
necessarily limited to, insect proof
screening over openings and self-closing
double or airlock-type doors.
• Blacklight traps are maintained for
at least 1 year following construction of
the production site, registration of the
site, replacement of the covering of the
production site, or discovery and repair
to any rips or tears in the covering of the
production site.
• Any rips or tears are repaired
immediately.
• In the event of detection of
quarantine pests in a production site,
the site will not be allowed to export
until appropriate control measures
approved by the NPPO are taken and
their effectiveness verified by APHIS.
• Plants destined for export to the
United States are produced in a
production site devoted solely to
production of such plants.
• Parental stock from which the
plants intended for importation derive
are inspected and found free of the
fungus Phialophora cinerescens, and
indexed and found free of Carnation
etched ring virus and Carnation necrotic
fleck virus.
• At least once monthly for the 4
months prior to the cuttings’ export to
the United States, the production site is
visually inspected for Spodoptera
littoralis (cotton leaf worm), Helicoverpa
armigera (Old World bollworm), Agrotis
segetum (turnip moth), Epichoristodes
acerbella (carnation tortrix), Aspidiotus
nerii (a scale), and Chrysodeixis
chalcites (a moth), as well as
Phialophora cinerescens, Carnation
etched ring virus, and Carnation
necrotic fleck virus.
• The production site maintains
records regarding production, indexing,
inspection, and pest management, and
inspectors from the NPPO and APHIS
have access to both the production site
and these records.
• Cuttings are accompanied by a
phytosanitary certificate with an
additional declaration that the plants
were produced in a production site
registered with the NPPO of Kenya, and
that the plants were grown under
conditions specified by APHIS to
prevent infestation with Phialophora
cinerescens, Carnation etched ring
virus, Carnation necrotic fleck virus,
Agrotis segetum, Epichoristodes
acerbella, Helicoverpa armigera,
Spodoptera littoralis, and Aspidiotus
nerii.
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05APN1
Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Notices
• Cuttings are limited to commercial
consignments only.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), the burden requirements
included in this notice are covered
under the Office of Management and
Budget (OMB) control number 0579–
0049, which is updated on a quarterly
basis.
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 notice, please contact Mr. Joseph
Moxey, APHIS’ Information Collection
Coordinator, at (301) 851–2483.
Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the Office of
Information and Regulatory Affairs
designated this action as not a major
rule, as defined by 5 U.S.C. 804(2).
Authority: 7 U.S.C. 1633, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
Done in Washington, DC, this 31st day of
March 2021.
Mark Davidson,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2021–06947 Filed 4–2–21; 8:45 am]
BILLING CODE 3410–34–P
CIVIL RIGHTS COMMISSION
Notice of Public Meeting of the Oregon
Advisory Committee
U.S. Commission on Civil
Rights.
ACTION: Announcement of meeting.
AGENCY:
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission) and the
Federal Advisory Committee Act
(FACA) that the Oregon Advisory
Committee (Committee) will hold a
meeting via web conference on Friday,
April 16, 2021, at 1:00 p.m. Pacific
Time. The purpose of the meeting is to
review report findings and
recommendations.
DATES: The meeting will be held on
Friday, April 16, 2021 at 1:00 p.m. PT.
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
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17:23 Apr 02, 2021
Jkt 253001
Webex Information: Register online
https://civilrights.webex.com/meet/
afortes.
Audio: (800) 360–9505.
FOR FURTHER INFORMATION CONTACT:
Ana
Victoria Fortes, Designated Federal
Officer (DFO) at afortes@usccr.gov or by
phone at (202) 681–0857.
Any
interested member of the public may
call this number and listen to the
meeting. Callers can expect to incur
charges for calls they initiate over
wireless lines, and the Commission will
not refund any incurred charges. Callers
will incur no charge for calls they
initiate over land-line connections to
the toll-free telephone number. Persons
with hearing impairments may also
follow the proceedings by first calling
the Federal Relay Service at 1–800–877–
8339 and providing the Service with the
conference call number and conference
ID number.
Members of the public are entitled to
make comments during the open period
at the end of the meeting. Members of
the public may also submit written
comments; the comments must be
received in the Regional Programs Unit
Office within 30 days following the
meeting. Written comments may be
mailed to Ana Victoria Fortes at
afortes@usccr.gov in the Regional
Programs Unit Office/Advisory
Committee Management Unit. Persons
who desire additional information may
contact the Regional Programs Unit
Office (202) 681–0587.
Records and documents discussed
during the meeting will be available for
public viewing prior to and after the
meetings at https://
www.facadatabase.gov/FACA/apex/
FACAPublicCommittee?id=a10t0000001
gzlwAAA. Please click on the
‘‘Committee Meetings’’ tab. Records
generated from these meetings may also
be inspected and reproduced at the
Regional Programs Unit, as they become
available, both before and after the
meetings. Persons interested in the work
of this Committee are directed to the
Commission’s website, https://
www.usccr.gov, or may contact the
Regional Programs Unit at the above
email or street address.
SUPPLEMENTARY INFORMATION:
Agenda
I. Welcome
II. Review Findings and
Recommendations
III. Public Comment
VI. Review Next Steps
V. Adjournment
PO 00000
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17589
Dated: March 30, 2021.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2021–06894 Filed 4–2–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
National Technical Information Service
National Technical Information Service
Advisory Board; Meeting
National Technical Information
Service, Department of Commerce.
ACTION: Notice of open meeting.
AGENCY:
This notice announces the
next meeting of the National Technical
Information Service (NTIS) Advisory
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DATES: The Advisory Board will meet on
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to approximately 4:30 p.m., Eastern
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ADDRESSES: The Advisory Board
meeting will be via teleconference.
Please note attendance instructions
under the SUPPLEMENTARY INFORMATION
section of this notice.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Shaw, (703) 605–6136,
eshaw@ntis.gov or Chantae O’Connor at
coconnor@ntis.gov.
SUPPLEMENTARY INFORMATION: The
Advisory Board is established by
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SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Notices]
[Pages 17587-17589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06947]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2018-0068]
Importation of Dianthus spp. From Kenya
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: We are notifying the public that we are updating the U.S.
Department of Agriculture Plants for Planting Manual to allow the
importation of Dianthus spp. cuttings from Kenya without postentry
quarantine, subject to certain conditions. We are taking this action in
response to a request from this country and after determining that the
cuttings can be imported, under certain conditions, without resulting
in the introduction into, or the dissemination within, the United
States of a plant pest.
DATES: The changes to the entry conditions will be applicable on April
5, 2021.
FOR FURTHER INFORMATION CONTACT: Ms. Lydia E. Col[oacute]n, Senior
Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road, Unit 133,
Riverdale, MD 20737-1236; (301) 851-2302.
SUPPLEMENTARY INFORMATION:
Background
Under the regulations in ``Subpart H--Plants for Planting'' (7 CFR
319.37-1 through 319.37-23, referred to below as the regulations), the
Animal and Plant Health Inspection Service (APHIS) of the U.S.
Department of Agriculture (USDA) prohibits or restricts the importation
of plants for planting (including living plants, plant parts, seeds,
and plant cuttings) to prevent the introduction of quarantine pests
into the United States. Quarantine pest is defined in Sec. 319.37-2 as
a plant pest or noxious weed that is 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. In
accordance with Sec. 319.37-20, APHIS may impose quarantines and other
restrictions on the importation of specific types of plants for
planting. These restrictions are listed in the USDA Plants for Planting
Manual.\1\
---------------------------------------------------------------------------
\1\ https://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/plants_for_planting.pdf.
---------------------------------------------------------------------------
In a final rule \2\ published in the Federal Register on March 19,
2018 (83 FR 11845-11867, Docket No. APHIS-2008-0011), and effective on
April 18, 2018, we amended the regulations so that restrictions on the
importation of certain types of plants for planting would be included
in the USDA Plants for Planting Manual instead of the regulations,
meaning that changes to specific restrictions on plants for planting
are no longer made through rulemaking. Under Sec. 319.37-20, if APHIS
determines it is necessary to add, change, or remove restrictions on
the importation of a specific type of plant for planting, we will
publish in the Federal Register a notice that announces the proposed
change and invites public comment.
---------------------------------------------------------------------------
\2\ The proposed and final rules, supporting documents, and
comments can be viewed at https://www.regulations.gov. Enter APHIS-
2008-0011 in the Search field.
---------------------------------------------------------------------------
On May 9, 2019, we published in the Federal Register (84 FR 20323-
20324, Docket No. APHIS-2018-0068) a notice \3\ in which we proposed to
make changes to the import requirements in the USDA Plants for Planting
Manual for imports of Dianthus spp. (carnation) cuttings from Kenya by
allowing the cuttings to be imported into the United States without
postentry quarantine, subject to certain conditions outlined in a
commodity import evaluation document (CIED).
---------------------------------------------------------------------------
\3\ To view the notice, supporting documents, and the comments
we received, go to https://www.regulations.gov, and enter APHIS-2018-
0068 in the Search field.
---------------------------------------------------------------------------
We solicited comments on the notice for 60 days ending on July 8,
2019. We received six unique comments by that date. They were from two
horticultural companies, two national trade organizations who issued a
joint comment, two State departments of agriculture, and a growers' and
landscape association.
The issues raised by the commenters are addressed below.
Two commenters asked that the risk management measures include
trapping for lepidopteran pests using pheromone lures. One of these
commenters expressed particular concern about the pests Helicoverpa
armigera, Agrotis segetum, and Spodoptera littoralis.
As stated in the CIED, APHIS will require that the Dianthus spp.
cuttings are grown in a pest-exclusionary greenhouse that includes
safeguards against pests such as insect-proof screening over openings
and self-closing double or airlock-type doors. The risk management
measures also require that the production sites have monthly
inspections for lepidopteran pests for at least four consecutive months
immediately prior to export. We are confident that these measures will
sufficiently protect the cuttings against lepidopteran pests without
the need for pheromone lures, which can attract pests over long
distances and have the potential to inadvertently attract more pests to
the production site.
One of these commenters also requested that we include two
arthropod pests, Chrysodeixis chalcites and Lobesia botrana, both
moths, in our considerations.
Both of these pests are addressed in the CIED. Chrysodeixis
chalcites is among the pests specifically named in the risk mitigation
measure of monthly visual crop inspections for at least four
consecutive months immediately prior to export. Lobesia botrana is
listed in a table of additional Dianthus spp. pests present in Kenya,
but with a note that Dianthus spp. is an exempted host from domestic
quarantine regulations within the United States for the movement of
Lobesia botrana host material as it has been determined not to pose a
risk of spreading Lobesia botrana. For the sake of consistency with
domestic regulations, we did not propose mitigations for Lobesia
botrana for the importation of Dianthus spp. plants for planting from
Kenya without postentry quarantine.
The commenter also requested that the risk management measures
include inspecting the soil around the plants for Agrotis segetum, a
moth, and inspecting the stems for boreholes as well as cutting open a
percentage of stems to check for Epichoristodes acerbella, a moth.
APHIS will emphasize in the operational workplan that visual
inspections should include an examination of the soil and an inspection
of stems for boreholes. However, because the plant articles in question
are cuttings, and therefore not likely to have stems sufficient to
support borers, we do not believe stipulating the cutting open of stems
to be necessary.
One commenter expressed concern about the importation of Dianthus
spp. from Kenya introducing strains of Ralstonia solanacearum.
Dianthus spp. is not known to be a host of Ralstonia solanacearum.
[[Page 17588]]
One commenter asked about APHIS' objective in lifting the postentry
quarantine.
APHIS has the authority to impose restrictions on the importation
of specific types of plants for planting when such restrictions are
necessary to effectively mitigate the risk of introducing quarantine
pests into the United States. After receiving a request from Kenya to
allow for the importation of Dianthus spp. cuttings from Kenya without
postentry quarantine, APHIS determined that the systems approach
outlined in the CIED would successfully mitigate the associated plant
pest risk, therefore eliminating the need for the postentry quarantine
restriction.
The commenter also expressed general concern that the risk
management procedures would not guarantee that Dianthus spp. cuttings
from Kenya would arrive to the United States free from pests and would
not pose a risk to United States agriculture.
After completing a comprehensive evaluation, APHIS believes that
the pest risk will be sufficiently mitigated by the risk management
measures outlined in the CIED. These measures are consistent with the
measures regarding Dianthus spp. cutting exports to the United States
taken by the national plant protection organizations (NPPOs) of Great
Britain and the Netherlands, the two countries that are currently
exempted from the postentry quarantine requirement for Dianthus spp. if
certain conditions are met.
The commenter asked about the prevalence of viruses in Kenya
compared to their prevalence in the United States and the extent to
which this posed an agricultural risk.
The CIED listed two viruses among the pests of concern for Dianthus
spp., carnation etched ring virus (CERV) and carnation necrotic fleck
virus. CERV is found worldwide, including in the United States, but has
not been reported to occur in Kenya. Carnation necrotic fleck virus is
present in Great Britain and the Netherlands with limited distribution
in the United States (California), but is not known to occur in Kenya.
The systems approach we outlined provides mitigation strategies to
prevent these pests from entering the United States should they appear
in Kenya in the future.
The commenter also asked who benefits from this decision, what the
impact on jobs would be, whether a cost-benefit analysis had been
completed, and what need current domestic production is not meeting in
the market that makes this change necessary.
As cuttings of Dianthus spp. are already imported into the United
States from Kenya and this change would not impact the current volume
imported, this change should not have any economic impact or affect any
jobs in the United States. Moreover, APHIS' authority to place
restrictions on imports of cuttings of Dianthus spp. from Kenya is
based on the pest risks associated with such imports. The Agency does
not have statutory authority to make decisions regarding restrictions
placed on the importation of plants or plant products on the basis of
economic or competitive considerations.
The commenter asked whether other agricultural crops were
considered in the CIED.
The request from Kenya focused specifically on Dianthus spp.
cuttings, and therefore no other imported agricultural crops were
assessed. APHIS analyzed whether this change would increase the
potential pest risk to domestic agricultural crops and found that a
systems approach would be sufficient to mitigate any potential risk to
United States agriculture.
Finally, the commenter expressed concern about whether the NPPO of
Kenya is qualified to abide by the systems approach, mentioning an
instance of Ralstonia solanacearum found in plants imported from Kenya
that caused damage to United States crops.
The NPPO of Kenya is a signatory to the World Trade Organization's
Agreement on Sanitary and Phytosanitary Measures. As such, it has
agreed to respect the phytosanitary measures the United States imposes
on the importation of plants and plant products from Kenya. To ensure
that these phytosanitary measures are met, APHIS will create a detailed
operational workplan with Kenya. Additionally, all Dianthus spp.
cuttings from Kenya will be inspected at plant inspection stations in
the United States for quarantine pests. If consignments are determined
to be infested, they will be subject to appropriate remedial measures.
Therefore, based on the reasons outlined in the initial notice, the
CIED accompanying the initial notice, and this second notice, we are
updating the USDA Plants for Planting Manual to allow the importation
of Dianthus spp. cuttings from Kenya without postentry quarantine,
provided that the NPPO of Kenya enters into an operational workplan
with APHIS and:
The cuttings are grown in a greenhouse that is registered
with the NPPO of Kenya and that operates under an agreement with the
NPPO.
The NPPO maintains a list of registered growers and
provides them to APHIS at least annually.
The production site incorporates safeguards to prevent the
entry of arthropod pests including, but not necessarily limited to,
insect proof screening over openings and self-closing double or
airlock-type doors.
Blacklight traps are maintained for at least 1 year
following construction of the production site, registration of the
site, replacement of the covering of the production site, or discovery
and repair to any rips or tears in the covering of the production site.
Any rips or tears are repaired immediately.
In the event of detection of quarantine pests in a
production site, the site will not be allowed to export until
appropriate control measures approved by the NPPO are taken and their
effectiveness verified by APHIS.
Plants destined for export to the United States are
produced in a production site devoted solely to production of such
plants.
Parental stock from which the plants intended for
importation derive are inspected and found free of the fungus
Phialophora cinerescens, and indexed and found free of Carnation etched
ring virus and Carnation necrotic fleck virus.
At least once monthly for the 4 months prior to the
cuttings' export to the United States, the production site is visually
inspected for Spodoptera littoralis (cotton leaf worm), Helicoverpa
armigera (Old World bollworm), Agrotis segetum (turnip moth),
Epichoristodes acerbella (carnation tortrix), Aspidiotus nerii (a
scale), and Chrysodeixis chalcites (a moth), as well as Phialophora
cinerescens, Carnation etched ring virus, and Carnation necrotic fleck
virus.
The production site maintains records regarding
production, indexing, inspection, and pest management, and inspectors
from the NPPO and APHIS have access to both the production site and
these records.
Cuttings are accompanied by a phytosanitary certificate
with an additional declaration that the plants were produced in a
production site registered with the NPPO of Kenya, and that the plants
were grown under conditions specified by APHIS to prevent infestation
with Phialophora cinerescens, Carnation etched ring virus, Carnation
necrotic fleck virus, Agrotis segetum, Epichoristodes acerbella,
Helicoverpa armigera, Spodoptera littoralis, and Aspidiotus nerii.
[[Page 17589]]
Cuttings are limited to commercial consignments only.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the burden requirements included in this notice are
covered under the Office of Management and Budget (OMB) control number
0579-0049, which is updated on a quarterly basis.
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 notice, please contact Mr. Joseph Moxey,
APHIS' Information Collection Coordinator, at (301) 851-2483.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this action
as not a major rule, as defined by 5 U.S.C. 804(2).
Authority: 7 U.S.C. 1633, 7701-7772, and 7781-7786; 21 U.S.C.
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.
Done in Washington, DC, this 31st day of March 2021.
Mark Davidson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2021-06947 Filed 4-2-21; 8:45 am]
BILLING CODE 3410-34-P
