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)

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, 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.

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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