[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Proposed Rules]
[Pages 74720-74722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26031]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 /
Proposed Rules
[[Page 74720]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2016-0005]
RIN 0579-AE28
Importation of Orchids in Growing Media From Taiwan
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations governing the
importation of plants for planting to add orchid plants of the genus
Dendrobium from Taiwan to the list of plants that may be imported into
the United States in an approved growing medium, subject to specified
growing, inspection, and certification requirements. We are taking this
action in response to a request from the Taiwanese Government and after
determining that the plants could be imported, under certain
conditions, without resulting in the introduction into, or the
dissemination within, the United States of a plant pest or noxious
weed.
DATES: We will consider all comments that we receive on or before
December 27, 2016.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0005.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2016-0005, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2016-
0005 or in our reading room, which is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: Ms. Lydia E. Col[oacute]n, Regulatory
Policy Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River
Road, Unit 133, Riverdale, MD 20737; (301) 851-2302.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 319 prohibit or restrict the
importation into the United States of certain plants and plant products
to prevent the introduction of plant pests and noxious weeds. The
regulations in ``Subpart--Plants for Planting,'' Sec. Sec. 319.37
through 319.37-14 (referred to below as the regulations) contain, among
other things, prohibitions and restrictions on the importation of
plants, plant parts, and seeds for propagation.
Paragraph (a) of Sec. 319.37-8 of the regulations requires, with
certain exceptions, that plants offered for importation into the United
States be free of sand, soil, earth, and other growing media. This
requirement is intended to help prevent the introduction of plant pests
that might be present in the growing media; the exceptions to the
requirement take into account factors that mitigate that plant pest
risk. Those exceptions, which are found in paragraphs (b) through (e)
of Sec. 319.37-8, consider either the origin of the plants and growing
media (paragraph (b)), the nature of the growing media (paragraphs (c)
and (d)), or the use of a combination of growing conditions, approved
media, inspections, and other requirements (paragraph (e)).
Paragraph (e) of Sec. 319.37-8 provides conditions under which
certain plants established in growing media may be imported into the
United States. In addition to specifying the types of plants that may
be imported Sec. 319.37-8(e) also:
Specifies the types of growing media that may be used;
Requires plants to be grown in accordance with written
agreements between the Animal and Plant Health Inspection Service
(APHIS) and the national plant protection organization (NPPO) of the
country where the plants are grown and between the foreign NPPO and the
grower;
Requires the plants to be rooted and grown for a specified
period in a greenhouse that meets certain requirements for pest
exclusion and that is used only for plants being grown in compliance
with Sec. 319.37-8(e);
Requires that the parent plants of the exported plants in
growing media are produced from seed germinated in the production
greenhouse or from mother plants that are grown and monitored for a
specified period prior to export of the descendant plants;
Specifies the sources of water that may be used on the
plants, the height of the benches on which the plants must be grown,
and the conditions under which the plants must be stored and packaged;
and
Requires that the plants be inspected in the greenhouse
and found free of evidence of plant pests no more than 30 days prior to
the exportation of the plants.
A phytosanitary certificate issued by the NPPO of the country in
which the plants were grown that declares that the above conditions
have been met must accompany the plants at the time of importation.
These conditions have been used to successfully mitigate the risk of
pest introduction associated with the importation into the United
States of approved plants established in growing media.
Currently, orchid plants of genus Dendrobium spp. may only be
imported into the United States from Taiwan as bare root plants, in
accordance with Sec. 319.37-2. The NPPO of Taiwan has requested that
importation into the United States of those plants in growing media be
allowed under the provisions of Sec. 319.37-8.
The regulations in Sec. 319.37-8(g) provide that requests such as
the one made by the Government of Taiwan be evaluated by APHIS using a
pest risk assessment (PRA) that uses specific pest risk evaluation
standards that are based on pest risk analysis guidelines established
by the International Plant Protection Convention of the United Nations'
Food and Agriculture Organization. Such analyses are conducted to
determine the plant pest risks associated with each requested plant
article and to determine whether or not APHIS should propose to allow
[[Page 74721]]
the requested plant article established in growing media to be imported
into the United States. In accordance with Sec. 319.37-8(g), APHIS has
conducted the required PRA, which can be viewed on the Internet on the
Regulations.gov Web site or in our reading room.\1\
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\1\ Instructions on accessing Regulations.gov and information on
the location and hours of the reading room may be found at the
beginning of this document under ADDRESSES. You may also request
paper copies of the risk analysis by calling or writing the person
listed under FOR FURTHER INFORMATION CONTACT.
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In the PRA, titled ``Importation of Dendrobium spp. plants in
Approved Growing Media From Taiwan into the United States,'' APHIS
determined that three quarantine pests present in Taiwan could
potentially follow the import pathway:
Helionothrips errans (Williams), a thrips.
Scirtothrips dorsalis Hood, the chili thrips.
Spodoptera litura (Fabricius), the Oriental leafworm moth.
A quarantine pest is defined in Sec. 319.37-1 of the regulations
as a plant pest 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. Potential plant pest risks
associated with the importation of Dendrobium spp. from Taiwan in
growing media into the United States were derived by estimating the
consequences and likelihood of introduction of each quarantine pest
into the United States and ranking the risk potential as high, medium,
or low. The PRA determined that one of these three pests--S. dorsalis--
poses a high pest risk potential. The remaining pests--H. errans and S.
litura--were rated as having a medium pest risk potential. Further, it
is important to note that those plant pest risks were analyzed in the
absence of the mitigative effects of the requirements in Sec. 319.37-
8(e), which are designed to establish and maintain a pest-free
production environment and ensure the use of pest-free seeds or parent
plants. The risk management document (RMD) concluded that the
safeguards in Sec. 319.37-8(e) would allow the safe importation of
Dendrobium spp. from Taiwan provided that the plants are established in
an approved growing medium and meet all other applicable conditions of
Sec. 319.37-8(e). This determination is based on the findings of the
PRA, RMD, and the Secretary's judgment that the application of the
measures required under Sec. 319.37-8(e) will prevent the introduction
or dissemination of plant pests into the United States.
Accordingly, we are proposing to amend the regulations in Sec.
319.37-8(e) by adding Dendrobium spp. from Taiwan to the list of plants
established in an approved growing medium that may be imported into the
United States. The plants would have to be produced, handled, and
imported in accordance with the requirements of Sec. 319.37-8(e) and
be accompanied at the time of importation by a phytosanitary
certificate issued by the NPPO of Taiwan that declares that those
requirements have been met.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866 and, therefore, has not been
reviewed by the Office of Management and Budget.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities. The
analysis is summarized below. Copies of the full analysis are available
by contacting the person listed under FOR FURTHER INFORMATION CONTACT
or on the Regulations.gov Web site (see ADDRESSES above for
instructions for accessing Regulations.gov).
The proposed rule would enable Taiwanese exporters to provide
higher-valued, mature Dendrobium spp. plants directly to wholesalers
and retailers. However, such a scenario is considered unlikely, given
the technical challenges and marketing costs incurred when shipping
finished plants in pots. A more likely scenario is for Taiwan to
continue to export immature Dendrobium spp. plants as bare root plants
or in approved growing media to U.S. nurseries to grow and sell as
finished plants.
Taiwan is the world's largest orchid exporter, with international
sales in 2013 totaling $166.3 million. That year, Dendrobium spp.
orchids comprised less than 0.1 percent (that is, less than $166,000)
of the value of Taiwan's orchid exports worldwide.
The United States imported more than 6,400 metric tons of live
orchids valued at $79.4 million in 2015. Orchid imports from Taiwan
comprised almost 77 percent of this value, at $61.4 million. In
comparison, the value of orchid plants produced in the United States in
2014 was $300 million, with Dendrobium spp. production totaling $12.3
million. Given Dendrobium spp. making up such a small share of Taiwan's
orchid sales worldwide, this proposed rule is not expected to have a
significant impact on the U.S. orchid industry.
U.S. Dendrobium spp. producers numbered 216 in 2014, but the number
of these establishments that are small entities is not known. Given
Dendrobium spp. making up such an insignificant share of Taiwan's
exports worldwide and the fact that Phalaenopsis and Oncidium spp.
orchids are already being imported from Taiwan in approved growing
media, we expect the proposed rule would not significantly change the
volume or value of orchids imported into the continental United States
from Taiwan.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
National Environmental Policy Act
To provide the public with documentation of APHIS' review and
analysis of any potential environmental impacts associated with the
proposed importation of Dendrobium spp. from Taiwan, we have prepared
an environmental assessment. The environmental assessment was prepared
in accordance with: (1) The National Environmental Policy Act of 1969
(NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of the
Council on Environmental Quality for implementing the procedural
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing
Procedures (7 CFR part 372).
The environmental assessment may be viewed on the Regulations.gov
Web site or in our reading room. (A link to Regulations.gov and
information on the location and hours of the reading room are provided
under the heading ADDRESSES at the beginning of this proposed rule.) In
addition, copies may be obtained by calling or writing to the
individual listed under FOR FURTHER INFORMATION CONTACT.
[[Page 74722]]
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 proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. APHIS-
2016-0005. Please send a copy of your comments to: (1) Please send a
copy of your comments to: (1) APHIS, using one of the methods described
under ADDRESSES at the beginning of this document, and (2) Clearance
Officer, OCIO, USDA, Room 404-W, 14th Street and Independence Avenue
SW., Washington, DC 20250.
APHIS is proposing to amend the regulations governing the
importation of plants and plant products to add orchid plants of the
genus Dendrobium from Taiwan to the list of plants that may be imported
into the United States in an approved growing medium, subject to
specified growing requirements. Respondents will complete activities
such as phytosanitary certificates, written agreements, and
inspections.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 1.166 hours per response.
Respondents: Foreign government and businesses.
Estimated annual number of respondents: 16.
Estimated annual number of responses per respondent: 17.
Estimated annual number of responses: 271.
Estimated total annual burden on respondents: 316 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
A copy of the information collection may be viewed on the
Regulations.gov Web site or in our reading room. (A link to
Regulations.gov and information on the location and hours of the
reading room are provided under the heading ADDRESSES at the beginning
of this proposed rule.) Copies can also be obtained from Ms. Kimberly
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727.
APHIS will respond to any ICR-related comments in the final rule. All
comments will also become a matter of public record.
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 proposed 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 propose to amend 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
1. The authority citation for part 319 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136
and 136a; 7 CFR 2.22, 2.80, and 371.3.
Sec. 319.37-8 [Amended]
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2. In Sec. 319.37-8(e) introductory text, amend the list of plants by
adding, in alphabetical order, an entry for ``Dendrobium spp. from
Taiwan''.
Done in Washington, DC, this 24th day of October 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-26031 Filed 10-26-16; 8:45 am]
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