80_FR_31063 80 FR 30959 - Importation of Phalaenopsis Spp. Plants for Planting in Approved Growing Media From China to the Continental United States

80 FR 30959 - Importation of Phalaenopsis Spp. Plants for Planting in Approved Growing Media From China to the Continental United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 80, Issue 104 (June 1, 2015)

Page Range30959-30961
FR Document2015-13162

We are proposing to amend 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 would consist of 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 proposed rule would allow for the importation of Phalaenopsis spp. plants for planting from China in approved growing media, while providing protection against the introduction of plant pests.

Federal Register, Volume 80 Issue 104 (Monday, June 1, 2015)
[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Proposed Rules]
[Pages 30959-30961]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13162]


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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: Proposed rule.

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

SUMMARY: We are proposing to amend 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 would consist of 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 proposed rule would allow for the 
importation of Phalaenopsis spp. plants for planting from China in 
approved growing media, while providing protection against the 
introduction of plant pests.

DATES: We will consider all comments that we receive on or before July 
31, 2015.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0106.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2014-0106, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2014-
0106 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, 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 plant pests. 
Restricted articles are articles authorized importation into the United 
States, provided that the articles are subject to 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

[[Page 30960]]

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 (xi) contain additional, taxon-specific provisions.
    Currently, Phalaenopsis spp. plants for planting from China are not 
authorized for importation into the United States in approved growing 
media. However, the Animal and Plant Health Inspection Service (APHIS) 
has received a request from the national plant protection organization 
(NPPO) of China to authorize the importation of Phalaenopsis spp. 
plants for planting in approved growing media into the continental 
United States.
    In evaluating China's request, we prepared a pest risk assessment 
(PRA) and a risk management document (RMD). Copies of the PRA and the 
RMD may be obtained from the person listed under FOR FURTHER 
INFORMATION CONTACT or viewed on the Regulations.gov Web site (see 
ADDRESSES above for instructions for accessing Regulations.gov).
    The PRA, titled ``Importation of Phalaenopsis spp. Orchid Plants in 
Approved Growing Media from China into the Continental United States; A 
Pathway-Initiated Pest Risk Assessment,'' analyzed 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.
    The PRA identified four quarantine pests that could be introduced 
into the continental United States through the importation of 
Phalaenopsis spp. plants for planting from China in approved growing 
media:
     Spodoptera litura, tropical armyworm;
     Thrips palmi, melon thrips;
     Cylindrosporium phalaenopsidis, a pathogenic fungus that 
causes orchid black spot;
     Lissachatina fulica, the giant African snail.
    The PRA determined that these four pests pose a medium risk of 
following the pathway of Phalaenopsis spp. plants for planting in 
approved growing media from China into the continental United States 
and having negative effects on U.S. agriculture.
    Based on these risk ratings, the RMD, titled ``Importation of 
Phalaenopsis spp. Orchids in Approved Growing Media from China into the 
Continental United States,'' identifies 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. The RMD finds that the mitigations that are currently 
specified in paragraphs (e)(2)(i) through (e)(2)(viii) of Sec.  319.37-
8 and 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 Phalaenopsis spp. plants for planting in approved growing 
media from China into the continental United States.
    Accordingly, we propose 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 importation into the United States 
in approved growing media. We also propose 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.

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 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this proposed 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 Web site (see 
ADDRESSES above for instructions for accessing Regulations.gov).
    Based on the information we have, there is no reason to conclude 
that adoption of this proposed rule would result in any significant 
economic effect on a substantial number of small entities. However, we 
do not currently have all of the data necessary for a comprehensive 
analysis of the effects of this proposed rule on small entities. 
Therefore, we are inviting comments on potential effects. In 
particular, we are interested in determining the number and kind of 
small entities that may incur benefits or costs from the implementation 
of this proposed rule.
    APHIS is proposing to amend the regulations in 7 CFR 319.37-8(e) to 
authorize 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.
    Currently, only bare-rooted Phalaenopsis spp. plants for planting 
may be imported from China into the United States. Eliminating this 
restriction by allowing the importation of plants in growing media, as 
well as bare-rooted plants, 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.
    The Small Business Administration (SBA) small-entity standard for 
entities involved in Floriculture Production (NAICS 111422) is $750,000 
or less in annual receipts. The number of entities participating in 
this broadly defined industry was 26,963 in 2012, with $5.9 billion in 
sales that year. Orchid producers numbered 177 in 2012, or 0.6 percent 
of the total industry. In 2013, the average wholesale value of orchids 
produced by the largest producers was $1.4 million. These businesses 
fall above the SBA threshold for small entities. However, this average 
sales value excludes sales by an unknown number of smaller 
establishments that qualify as small entities by the SBA definition.
    While many of the U.S. entities that would be affected by the 
proposed rule such as orchid producers and importers may be small by 
SBA standards, we expect economic effects for these entities to be 
modest. We welcome informed public comment that would enable us to 
better determine the extent to which U.S. small entities may be 
affected positively or negatively by this proposed rule.

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.

[[Page 30961]]

National Environmental Policy Act

    To provide the public with documentation of APHIS' review and 
analysis of any potential environmental impacts associated with the 
importation of Phalaenopsis spp. plants in approved growing media from 
China into the continental United States, we have prepared an 
environmental assessment. The environmental assessment was prepared in 
accordance with: (1) The National Environmental Policy Act of 1969 
(NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of the 
Council on Environmental Quality for implementing the procedural 
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations 
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing 
Procedures (7 CFR part 372).
    The environmental assessment may be viewed on the Regulations.gov 
Web site or in our reading room. (A link to Regulations.gov and 
information on the location and hours of the reading room are provided 
under the heading ADDRESSES at the beginning of this proposed rule.) In 
addition, copies may be obtained by calling or writing to the 
individual listed under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

    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-
2014-0106. Please send a copy of your comments to: (1) Docket No. 
APHIS-2014-0106, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238, 
and (2) Clearance Officer, OCIO, USDA, Room 404-W, 14th Street and 
Independence Avenue SW., Washington, DC 20250.
    APHIS is proposing to amend the plants for planting regulations to 
allow the importation of Phalaenopsis spp. plants for planting in 
approved growing media from China into the continental United States. 
As a condition of entry, the plantlets would have to be produced in 
accordance with a systems approach. This action would allow for the 
importation of Phalaenopsis spp. plants for planting from China into 
the continental United States in approved growing media while providing 
protection against the introduction of plant pests.
    Allowing Phalaenopsis spp. plants for planting to be imported into 
the continental United States will require information collection 
activities, including phytosanitary certificates, inspections, 
agreements between producers and the NPPO of China, and an agreement 
between the NPPO of China and APHIS.
    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 0.6956 hours per response.
    Respondents: NPPO of China, producers, exporters.
    Estimated annual number of respondents: 5.
    Estimated annual number of responses per respondent: 4.6.
    Estimated annual number of responses: 23.
    Estimated total annual burden on respondents: 16 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.)
    Copies of this information collection can be obtained from Ms. 
Kimberly Hardy, APHIS' Information Collection Coordinator, at (301) 
851-2727.

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.

0
2. Section 319.37-8 is amended as follows:
0
a. In the introductory text of paragraph (e), in the entry for 
``Phalaenopsis spp. from Taiwan'', by adding the words ``and the 
People's Republic of China'' after the word ``Taiwan''.
0
b. By adding a paragraph (e)(2)(xii).
    The addition reads as follows:


Sec.  319.37-8  Growing media.

* * * * *
    (e) * * *
    (2) * * *
    (xii) 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.
* * * * *

    Done in Washington, DC, this 22nd day of May 2015.
Kevin Shea
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-13162 Filed 5-29-15; 8:45 am]
 BILLING CODE 3410-34-P



                                                                            Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Proposed Rules                                             30959

                                                  Carmel-Muncie, IN CSA and also                            (42) San Jose-San Francisco-Oakland,                DATES:  We will consider all comments
                                                  including Grant County, IN;                             CA—consisting of the San Jose-San                     that we receive on or before July 31,
                                                    (25) Kansas City-Overland Park-                       Francisco-Oakland, CA CSA and also                    2015.
                                                  Kansas City, MO–KS—consisting of the                    including Monterey County, CA;                        ADDRESSES: You may submit comments
                                                  Kansas City-Overland Park-Kansas City,                    (43) Seattle-Tacoma, WA—consisting                  by either of the following methods:
                                                  MO–KS CSA and also including Jackson                    of the Seattle-Tacoma, WA CSA and                       • Federal eRulemaking Portal: Go to
                                                  County, KS, Jefferson County, KS, Osage                 also including Whatcom County, WA;                    http://www.regulations.gov/
                                                  County, KS, Shawnee County, KS, and                       (44) St. Louis-St. Charles-Farmington,              #!docketDetail;D=APHIS-2014-0106.
                                                  Wabaunsee County, KS;                                   MO–IL—consisting of the St. Louis-St.                   • Postal Mail/Commercial Delivery:
                                                    (26) Laredo, TX—consisting of the                     Charles-Farmington, MO–IL CSA;                        Send your comment to Docket No.
                                                  Laredo, TX MSA;                                           (45) Tucson-Nogales, AZ—consisting                  APHIS–2014–0106, Regulatory Analysis
                                                    (27) Las Vegas-Henderson, NV–AZ—                      of the Tucson-Nogales, AZ CSA and also                and Development, PPD, APHIS, Station
                                                  consisting of the Las Vegas-Henderson,                  including Cochise County, AZ;
                                                  NV–AZ CSA;                                                                                                    3A–03.8, 4700 River Road Unit 118,
                                                                                                            (46) Washington-Baltimore-Arlington,                Riverdale, MD 20737–1238.
                                                    (28) Los Angeles-Long Beach, CA—                      DC–MD–VA–WV–PA—consisting of the
                                                  consisting of the Los Angeles-Long                                                                              Supporting documents and any
                                                                                                          Washington-Baltimore-Arlington, DC–                   comments we receive on this docket
                                                  Beach, CA CSA and also including Kern                   MD–VA–WV–PA CSA and also
                                                  County, CA, and Santa Barbara County,                                                                         may be viewed at http://
                                                                                                          including Kent County, MD, Adams                      www.regulations.gov/
                                                  CA;
                                                                                                          County, PA, York County, PA, King                     #!docketDetail;D=APHIS-2014-0106 or
                                                    (29) Miami-Fort Lauderdale-Port St.
                                                                                                          George County, VA, and Morgan                         in our reading room, which is located in
                                                  Lucie, FL—consisting of the Miami-Fort
                                                  Lauderdale-Port St. Lucie, FL CSA and                   County, WV; and                                       room 1141 of the USDA South Building,
                                                  also including Monroe County, FL;                         (47) Rest of U.S.—consisting of those               14th Street and Independence Avenue
                                                    (30) Milwaukee-Racine-Waukesha,                       portions of the United States and its                 SW., Washington, DC. Normal reading
                                                  WI—consisting of the Milwaukee-                         territories and possessions as listed in 5            room hours are 8 a.m. to 4:30 p.m.,
                                                  Racine-Waukesha, WI CSA;                                CFR 591.205 not located within another                Monday through Friday, except
                                                    (31) Minneapolis-St. Paul, MN–WI—                     locality pay area.                                    holidays. To be sure someone is there to
                                                  consisting of the Minneapolis-St. Paul,                 [FR Doc. 2015–13135 Filed 5–29–15; 8:45 am]           help you, please call (202) 799–7039
                                                  MN–WI CSA;                                              BILLING CODE 6325–39–P                                before coming.
                                                    (32) New York-Newark, NY–NJ–CT–                                                                             FOR FURTHER INFORMATION CONTACT: Ms.
                                                  PA—consisting of the New York-                                                                                Lydia E. Colón, PPQ, APHIS, 4700 River
                                                  Newark, NY–NJ–CT–PA CSA and also                                                                              Road Unit 133, Riverdale, MD 20737–
                                                                                                          DEPARTMENT OF AGRICULTURE
                                                  including all of Joint Base McGuire-Dix-                                                                      1236; (301) 851–2302.
                                                  Lakehurst;                                              Animal and Plant Health Inspection                    SUPPLEMENTARY INFORMATION:
                                                    (33) Palm Bay-Melbourne-Titusville,                   Service
                                                  FL—consisting of the Palm Bay-                                                                                Background
                                                  Melbourne-Titusville, FL MSA;                                                                                   The regulations in 7 CFR part 319
                                                                                                          7 CFR Part 319
                                                    (34) Philadelphia-Reading-Camden,                                                                           prohibit or restrict the importation of
                                                  PA–NJ–DE–MD—consisting of the                           [Docket No. APHIS–2014–0106]                          certain plants and plant products into
                                                  Philadelphia-Reading-Camden, PA–NJ–                                                                           the United States to prevent the
                                                  DE–MD CSA, except for Joint Base                        RIN 0579–AE10
                                                                                                                                                                introduction of quarantine plant pests.
                                                  McGuire-Dix-Lakehurst;                                                                                        The regulations contained in ‘‘Subpart—
                                                    (35) Phoenix-Mesa-Scottsdale, AZ—                     Importation of Phalaenopsis Spp.
                                                                                                          Plants for Planting in Approved                       Plants for Planting,’’ §§ 319.37 through
                                                  consisting of the Phoenix-Mesa-
                                                                                                          Growing Media From China to the                       319.37–14 (referred to below as the
                                                  Scottsdale, AZ MSA;
                                                    (36) Pittsburgh-New Castle-Weirton,                   Continental United States                             regulations), prohibit or restrict, among
                                                  PA–OH–WV—consisting of the                                                                                    other things, the importation of living
                                                  Pittsburgh-New Castle-Weirton, PA–                      AGENCY:  Animal and Plant Health                      plants, plant parts, and seeds for
                                                  OH–WV CSA;                                              Inspection Service, USDA.                             propagation or planting.
                                                    (37) Portland-Vancouver-Salem, OR–                    ACTION: Proposed rule.                                  The regulations differentiate between
                                                  WA—consisting of the Portland-                                                                                prohibited articles and restricted
                                                  Vancouver-Salem, OR–WA CSA;                             SUMMARY:   We are proposing to amend                  articles. Prohibited articles are plants for
                                                    (38) Raleigh-Durham-Chapel Hill,                      the regulations governing the                         planting whose importation into the
                                                  NC—consisting of the Raleigh-Durham-                    importation of plants for planting to                 United States is not authorized due to
                                                  Chapel Hill, NC CSA and also including                  authorize the importation of                          the risk the articles present of
                                                  Cumberland County, NC, Hoke County,                     Phalaenopsis spp. plants for planting                 introducing or disseminating plant
                                                  NC, Robeson County, NC, Scotland                        from China in approved growing media                  pests. Restricted articles are articles
                                                  County, NC, and Wayne County, NC;                       into the continental United States,                   authorized importation into the United
                                                    (39) Richmond, VA—consisting of the                   subject to a systems approach. The                    States, provided that the articles are
                                                  Richmond, VA MSA and also including                     systems approach would consist of                     subject to measures to address such risk.
                                                  Cumberland County, VA, King and                         measures that are currently specified in                Conditions for the importation into
                                                  Queen County, VA, and Louisa County,                    the regulations as generally applicable               the United States of restricted articles in
rljohnson on DSK3VPTVN1PROD with PROPOSALS




                                                  VA;                                                     to all plants for planting authorized                 growing media are found in § 319.37–8.
                                                    (40) Sacramento-Roseville, CA–NV—                     importation into the United States in                 Within that section, the introductory
                                                  consisting of the Sacramento-Roseville,                 approved growing media. This proposed                 text of paragraph (e) lists taxa of
                                                  CA CSA and also including Carson City,                  rule would allow for the importation of               restricted articles that may be imported
                                                  NV, and Douglas County, NV;                             Phalaenopsis spp. plants for planting                 into the United States in approved
                                                    (41) San Diego-Carlsbad, CA—                          from China in approved growing media,                 growing media, subject to the provisions
                                                  consisting of the San Diego-Carlsbad,                   while providing protection against the                of a systems approach. Paragraph (e)(1)
                                                  CA MSA;                                                 introduction of plant pests.                          of § 319.37–8 lists the approved growing


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                                                  30960                     Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Proposed Rules

                                                  media, while paragraph (e)(2) contains                  importation into the continental United               inspection, and certification
                                                  the provisions of the systems approach.                 States of Phalaenopsis spp. plants for                requirements.
                                                  Within paragraph (e)(2), paragraphs (i)                 planting in approved growing media                       Currently, only bare-rooted
                                                  through (viii) contain provisions that are              from China. The RMD finds that the                    Phalaenopsis spp. plants for planting
                                                  generally applicable to all the taxa listed             mitigations that are currently specified              may be imported from China into the
                                                  in the introductory text of paragraph (e),              in paragraphs (e)(2)(i) through                       United States. Eliminating this
                                                  while paragraphs (ix) through (xi)                      (e)(2)(viii) of § 319.37–8 and that are               restriction by allowing the importation
                                                  contain additional, taxon-specific                      generally applicable to the importation               of plants in growing media, as well as
                                                  provisions.                                             of all restricted articles authorized                 bare-rooted plants, is expected to
                                                     Currently, Phalaenopsis spp. plants                  importation into the United States in                 increase the number and quality of
                                                  for planting from China are not                         approved growing media will mitigate                  orchids imported from China by U.S.
                                                  authorized for importation into the                     the risk associated with the importation              producers, who then finish the plants
                                                  United States in approved growing                       Phalaenopsis spp. plants for planting in              for the retail market. This change could
                                                  media. However, the Animal and Plant                    approved growing media from China                     result in cost savings for these U.S.
                                                  Health Inspection Service (APHIS) has                   into the continental United States.                   producers, which may or may not be
                                                  received a request from the national                       Accordingly, we propose to amend                   passed on to U.S. buyers. The amended
                                                  plant protection organization (NPPO) of                 the introductory text of paragraph (e) of             regulations could also result in the
                                                  China to authorize the importation of                   § 319.37–8 to add Phalaenopsis spp.                   importation of market-ready
                                                  Phalaenopsis spp. plants for planting in                plants for planting from China to the list            Phalaenopsis spp. in approved growing
                                                  approved growing media into the                         of taxa authorized importation into the               media from China that would directly
                                                  continental United States.                              United States in approved growing                     compete at wholesale and retail levels
                                                     In evaluating China’s request, we                    media. We also propose to add a                       with U.S. finished potted orchids. The
                                                  prepared a pest risk assessment (PRA)                   paragraph (e)(2)(xii) to § 319.37–8 that              latter scenario is considered unlikely,
                                                  and a risk management document                          would specify that such plants for                    given the technical challenges and
                                                  (RMD). Copies of the PRA and the RMD                    planting may only be imported into the                additional marketing costs incurred
                                                  may be obtained from the person listed                  continental United States.                            when shipping finished plants in pots.
                                                  under FOR FURTHER INFORMATION                                                                                    The Small Business Administration
                                                  CONTACT or viewed on the                                Executive Order 12866 and Regulatory
                                                                                                          Flexibility Act                                       (SBA) small-entity standard for entities
                                                  Regulations.gov Web site (see                                                                                 involved in Floriculture Production
                                                  ADDRESSES above for instructions for                       This proposed rule has been                        (NAICS 111422) is $750,000 or less in
                                                  accessing Regulations.gov).                             determined to be not significant for the              annual receipts. The number of entities
                                                     The PRA, titled ‘‘Importation of                     purposes of Executive Order 12866 and,                participating in this broadly defined
                                                  Phalaenopsis spp. Orchid Plants in                      therefore, has not been reviewed by the               industry was 26,963 in 2012, with $5.9
                                                  Approved Growing Media from China                       Office of Management and Budget.                      billion in sales that year. Orchid
                                                  into the Continental United States; A                      In accordance with 5 U.S.C. 603, we                producers numbered 177 in 2012, or 0.6
                                                  Pathway-Initiated Pest Risk                             have performed an initial regulatory                  percent of the total industry. In 2013,
                                                  Assessment,’’ analyzed the potential                    flexibility analysis, which is                        the average wholesale value of orchids
                                                  pest risk associated with the                           summarized below, regarding the                       produced by the largest producers was
                                                  importation of Phalaenopsis spp. plants                 economic effects of this proposed rule                $1.4 million. These businesses fall
                                                  for planting in approved growing media                  on small entities. Copies of the full                 above the SBA threshold for small
                                                  into the continental United States from                 analysis are available by contacting the              entities. However, this average sales
                                                  China.                                                  person listed under FOR FURTHER                       value excludes sales by an unknown
                                                     The PRA identified four quarantine                   INFORMATION CONTACT or on the                         number of smaller establishments that
                                                  pests that could be introduced into the                 Regulations.gov Web site (see                         qualify as small entities by the SBA
                                                  continental United States through the                   ADDRESSES above for instructions for                  definition.
                                                  importation of Phalaenopsis spp. plants                 accessing Regulations.gov).                              While many of the U.S. entities that
                                                  for planting from China in approved
                                                                                                             Based on the information we have,                  would be affected by the proposed rule
                                                  growing media:
                                                                                                          there is no reason to conclude that                   such as orchid producers and importers
                                                     • Spodoptera litura, tropical
                                                                                                          adoption of this proposed rule would                  may be small by SBA standards, we
                                                  armyworm;
                                                     • Thrips palmi, melon thrips;                        result in any significant economic effect             expect economic effects for these
                                                     • Cylindrosporium phalaenopsidis, a                  on a substantial number of small                      entities to be modest. We welcome
                                                  pathogenic fungus that causes orchid                    entities. However, we do not currently                informed public comment that would
                                                  black spot;                                             have all of the data necessary for a                  enable us to better determine the extent
                                                     • Lissachatina fulica, the giant                     comprehensive analysis of the effects of              to which U.S. small entities may be
                                                  African snail.                                          this proposed rule on small entities.                 affected positively or negatively by this
                                                     The PRA determined that these four                   Therefore, we are inviting comments on                proposed rule.
                                                  pests pose a medium risk of following                   potential effects. In particular, we are
                                                                                                          interested in determining the number                  Executive Order 12988
                                                  the pathway of Phalaenopsis spp. plants
                                                  for planting in approved growing media                  and kind of small entities that may                      This proposed rule has been reviewed
                                                  from China into the continental United                  incur benefits or costs from the                      under Executive Order 12988, Civil
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                                                  States and having negative effects on                   implementation of this proposed rule.                 Justice Reform. If this proposed rule is
                                                  U.S. agriculture.                                          APHIS is proposing to amend the                    adopted: (1) All State and local laws and
                                                     Based on these risk ratings, the RMD,                regulations in 7 CFR 319.37–8(e) to                   regulations that are inconsistent with
                                                  titled ‘‘Importation of Phalaenopsis spp.               authorize the importation from China                  this rule will be preempted; (2) no
                                                  Orchids in Approved Growing Media                       into the continental United States of                 retroactive effect will be given to this
                                                  from China into the Continental United                  orchids of the genus Phalaenopsis                     rule; and (3) administrative proceedings
                                                  States,’’ identifies the phytosanitary                  established in an approved growing                    will not be required before parties may
                                                  measures necessary to ensure the safe                   medium, subject to specified growing,                 file suit in court challenging this rule.


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                                                                            Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Proposed Rules                                                 30961

                                                  National Environmental Policy Act                       growing media while providing                         citizen access to Government
                                                     To provide the public with                           protection against the introduction of                information and services, and for other
                                                  documentation of APHIS’ review and                      plant pests.                                          purposes. For information pertinent to
                                                  analysis of any potential environmental                    Allowing Phalaenopsis spp. plants for              E-Government Act compliance related
                                                  impacts associated with the importation                 planting to be imported into the                      to this proposed rule, please contact Ms.
                                                  of Phalaenopsis spp. plants in approved                 continental United States will require                Kimberly Hardy, APHIS’ Information
                                                  growing media from China into the                       information collection activities,                    Collection Coordinator, at (301) 851–
                                                  continental United States, we have                      including phytosanitary certificates,                 2727.
                                                  prepared an environmental assessment.                   inspections, agreements between
                                                                                                          producers and the NPPO of China, and                  List of Subjects in 7 CFR Part 319
                                                  The environmental assessment was
                                                  prepared in accordance with: (1) The                    an agreement between the NPPO of
                                                                                                          China and APHIS.                                        Coffee, Cotton, Fruits, Imports, Logs,
                                                  National Environmental Policy Act of                                                                          Nursery stock, Plant diseases and pests,
                                                                                                             We are soliciting comments from the
                                                  1969 (NEPA), as amended (42 U.S.C.                                                                            Quarantine, Reporting and
                                                                                                          public (as well as affected agencies)
                                                  4321 et seq.), (2) regulations of the                                                                         recordkeeping requirements, Rice,
                                                                                                          concerning our proposed information
                                                  Council on Environmental Quality for                                                                          Vegetables.
                                                                                                          collection and recordkeeping
                                                  implementing the procedural provisions
                                                                                                          requirements. These comments will                       Accordingly, we propose to amend 7
                                                  of NEPA (40 CFR parts 1500–1508), (3)
                                                                                                          help us:                                              CFR part 319 as follows:
                                                  USDA regulations implementing NEPA
                                                                                                             (1) Evaluate whether the proposed
                                                  (7 CFR part 1b), and (4) APHIS’ NEPA
                                                                                                          information collection is necessary for               PART 319—FOREIGN QUARANTINE
                                                  Implementing Procedures (7 CFR part
                                                                                                          the proper performance of our agency’s                NOTICES
                                                  372).
                                                                                                          functions, including whether the
                                                     The environmental assessment may
                                                                                                          information will have practical utility;
                                                  be viewed on the Regulations.gov Web                                                                          ■ 1. The authority citation for part 319
                                                                                                             (2) Evaluate the accuracy of our
                                                  site or in our reading room. (A link to                                                                       continues to read as follows:
                                                                                                          estimate of the burden of the proposed
                                                  Regulations.gov and information on the
                                                                                                          information collection, including the                   Authority: 7 U.S.C. 450, 7701–7772, and
                                                  location and hours of the reading room
                                                                                                          validity of the methodology and                       7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
                                                  are provided under the heading                                                                                2.22, 2.80, and 371.3.
                                                                                                          assumptions used;
                                                  ADDRESSES at the beginning of this
                                                                                                             (3) Enhance the quality, utility, and
                                                  proposed rule.) In addition, copies may                                                                       ■  2. Section 319.37–8 is amended as
                                                                                                          clarity of the information to be
                                                  be obtained by calling or writing to the                                                                      follows:
                                                                                                          collected; and
                                                  individual listed under FOR FURTHER                        (4) Minimize the burden of the                     ■ a. In the introductory text of
                                                  INFORMATION CONTACT.                                    information collection on those who are               paragraph (e), in the entry for
                                                  Paperwork Reduction Act                                 to respond (such as through the use of                ‘‘Phalaenopsis spp. from Taiwan’’, by
                                                                                                          appropriate automated, electronic,                    adding the words ‘‘and the People’s
                                                    In accordance with section 3507(d) of
                                                                                                          mechanical, or other technological                    Republic of China’’ after the word
                                                  the Paperwork Reduction Act of 1995
                                                                                                          collection techniques or other forms of               ‘‘Taiwan’’.
                                                  (44 U.S.C. 3501 et seq.), the information
                                                                                                          information technology; e.g., permitting              ■ b. By adding a paragraph (e)(2)(xii).
                                                  collection or recordkeeping
                                                                                                          electronic submission of responses).
                                                  requirements included in this proposed                     Estimate of burden: Public reporting                  The addition reads as follows:
                                                  rule have been submitted for approval to                burden for this collection of information
                                                  the Office of Management and Budget                                                                           § 319.37–8    Growing media.
                                                                                                          is estimated to average 0.6956 hours per
                                                  (OMB). Please send written comments                     response.                                             *     *     *     *     *
                                                  to the Office of Information and                           Respondents: NPPO of China,                          (e) * * *
                                                  Regulatory Affairs, OMB, Attention:                     producers, exporters.
                                                  Desk Officer for APHIS, Washington, DC                                                                          (2) * * *
                                                                                                             Estimated annual number of
                                                  20503. Please state that your comments                  respondents: 5.                                         (xii) Plants for planting of
                                                  refer to Docket No. APHIS–2014–0106.                       Estimated annual number of                         Phalaenopsis spp. from the People’s
                                                  Please send a copy of your comments to:                 responses per respondent: 4.6.                        Republic of China may only be imported
                                                  (1) Docket No. APHIS–2014–0106,                            Estimated annual number of                         into the continental United States, and
                                                  Regulatory Analysis and Development,                    responses: 23.                                        may not be imported or moved into
                                                  PPD, APHIS, Station 3A–03.8, 4700                          Estimated total annual burden on                   Hawaii or the territories of the United
                                                  River Road Unit 118, Riverdale, MD                      respondents: 16 hours. (Due to                        States.
                                                  20737–1238, and (2) Clearance Officer,                  averaging, the total annual burden hours
                                                  OCIO, USDA, Room 404–W, 14th Street                                                                           *     *     *     *     *
                                                                                                          may not equal the product of the annual
                                                  and Independence Avenue SW.,                            number of responses multiplied by the                   Done in Washington, DC, this 22nd day of
                                                  Washington, DC 20250.                                   reporting burden per response.)                       May 2015.
                                                    APHIS is proposing to amend the                          Copies of this information collection              Kevin Shea
                                                  plants for planting regulations to allow                can be obtained from Ms. Kimberly                     Administrator, Animal and Plant Health
                                                  the importation of Phalaenopsis spp.                    Hardy, APHIS’ Information Collection                  Inspection Service.
                                                  plants for planting in approved growing                 Coordinator, at (301) 851–2727.
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                                                                                                                                                                [FR Doc. 2015–13162 Filed 5–29–15; 8:45 am]
                                                  media from China into the continental
                                                  United States. As a condition of entry,                 E-Government Act Compliance                           BILLING CODE 3410–34–P

                                                  the plantlets would have to be produced                   The Animal and Plant Health
                                                  in accordance with a systems approach.                  Inspection Service is committed to
                                                  This action would allow for the                         compliance with the EGovernment Act
                                                  importation of Phalaenopsis spp. plants                 to promote the use of the Internet and
                                                  for planting from China into the                        other information technologies, to
                                                  continental United States in approved                   provide increased opportunities for


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Document Created: 2015-12-15 15:19:00
Document Modified: 2015-12-15 15:19:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWe will consider all comments that we receive on or before July 31, 2015.
ContactMs. Lydia E. Col[oacute]n, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 851-2302.
FR Citation80 FR 30959 
RIN Number0579-AE10
CFR AssociatedCoffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables

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