81_FR_53490 81 FR 53334 - Importation of Orchids in Growing Media From the Republic of Korea Into the Continental United States

81 FR 53334 - Importation of Orchids in Growing Media From the Republic of Korea Into the Continental United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 81, Issue 156 (August 12, 2016)

Page Range53334-53336
FR Document2016-19224

We are proposing to amend the regulations governing the importation of plants for planting to add orchid plants of the genera Phalaenopsis and Cymbidium from the Republic of Korea to the list of plants that may be imported into the continental 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 Republic of Korea 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.

Federal Register, Volume 81 Issue 156 (Friday, August 12, 2016)
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Proposed Rules]
[Pages 53334-53336]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19224]


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

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


Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / 
Proposed Rules

[[Page 53334]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0091]
RIN 0579-AE24


Importation of Orchids in Growing Media From the Republic of 
Korea Into the Continental United States

AGENCY: Animal and Plant Health Inspection Service, Department of 
Agriculture.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the regulations governing the 
importation of plants for planting to add orchid plants of the genera 
Phalaenopsis and Cymbidium from the Republic of Korea to the list of 
plants that may be imported into the continental 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 Republic of Korea 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 
October 11, 2016.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0091.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2015-0091, 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-2015-
0091 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: Mr. William Aley, Senior Regulatory 
Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River Road, 
Unit 133, Riverdale, MD 20737; (301) 851-2130.

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 
into the United States 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 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);
     Restricts the source of the seeds or parent plants used to 
produce the plants, and requires grow-out or treatment of parent plants 
imported into the exporting country from another country;
     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 successfully to 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 the genera Cymbidium and Phalaenopsis 
may only be imported into the United States from the Republic of Korea 
as bare root plants, in accordance with Sec.  319.37-2. The NPPO of the 
Republic of Korea 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 NPPO of the Republic of Korea 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

[[Page 53335]]

plant pest risks associated with each requested plant article and to 
determine whether or not APHIS should propose to allow 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 online on the 
Regulations.gov Web site or in our reading room (see ADDRESSES above 
for instructions for accessing Regulations.gov).
    In the PRA, titled ``Importation of Cymbidium spp. and Phalaenopsis 
spp. Orchid Plants in Approved Growing Media from Republic of Korea 
into the Continental United States,'' APHIS identified that six 
quarantine pests present in the Republic of Korea could potentially 
follow the import pathway:

Moths

 Spodoptera litura (Fabricius)
 Dichromothrips smithi (Zimmermann)
 Thrips palmi (Karny)
 Pseudococcus dendrobiorum (Williams)

Slug

 Deroceras varians (Adams)

Fungi

 Colletotrichum boninense (Moriwaki)

    The PRA identified P. dendrobiorum as having a medium pest risk 
potential of following the pathway on Cymbidium spp. and Phalaenopsis 
plants from the Republic of Korea. The remaining five plant pests (S. 
litura, D. smithi, T. palmi, D. varians, and C. boninense) were rated 
as having a high pest risk potential.
    However, the PRA acknowledged that the risk presented by these 
plant pests is consistent with pests associated with any propagative 
orchid materials. Further, it is important to note that those plant 
pest risks are present 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. Given that, the risk management document 
(RMD) concluded that the safeguards in Sec.  319.37-8(e) would allow 
the safe importation of Cymbidium spp. and Phalaenopsis spp. plants 
from the Republic of Korea provided that the plants are established in 
an approved growing medium and meet all other applicable conditions of 
Sec.  319.37-8(e). Based on the findings of the PRA and RMD, we have 
determined 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 Cymbidium spp. and Phalaenopsis spp. plants from 
the Republic of Korea 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 the 
Republic of Korea 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).
    Orchids are the single largest group of potted flowering plants 
sold in the United States, comprising about $266 million of the $788 
million in 2014 sales for this industry. In 2014, Phalaenopsis spp. 
comprised 57 percent of orchid sales. Although Cymbidium spp. are 
popular in other parts of the world, the quantity of potted Cymbidium 
spp. sold in the United States is small when compared to other 
varieties of orchids.
    The proposed rule would enable Korean exporters to provide higher-
valued, mature potted 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 the Republic of Korea to export 
immature plants as bare root plants or in approved growing media to 
U.S. nurseries to grow and sell as finished plants.
    The United States imported more than 6,760 metric tons (MT) of live 
orchids valued at about $83 million in 2014, with Taiwan supplying 
almost 84 percent. The Republic of Korea expects to export to the 
United States from 2 to 5 million Phalaenopsis plants and about 1 
million Cymbidium plants per year in approved growing media. This 
combined number of plants, 3 to 6 million, is estimated to equal more 
than 2,000 MT to 4,000 MT per year. This amount seems disproportionate 
to the Republic of Korea's history of orchid exports worldwide, which 
have declined from 2,936 MT in 2010 to 806 MT in 2014. The Republic of 
Korea exported only 1.3 MT of bare-rooted orchid plants to the United 
States in 2014.
    We expect the quantity of orchids in approved growing media 
imported from the Republic of Korea will also be limited because of the 
U.S. market's competitive environment. Import levels would depend on 
the ability of Korean producers and exporters to cover their 
production, transportation, and marketing costs given U.S. market 
prices. U.S. nurseries that purchased the Korean orchids in approved 
growing media would benefit from their improved quality and reduced 
production time in comparison to bare-rooted plants. The proposed rule 
would increase competition for U.S. producers and importers of immature 
Phalaenopsis spp. and Cymbidium spp. plants.
    U.S. orchid producers numbered 158 in 2012. Of those producers, it 
is unknown how many are small entities. Given the relatively small 
quantity of orchid plants in approved growing media that we expect to 
be imported from the Republic of Korea, the Administrator of the Animal 
and Plant Health Inspection Service has determined that this action, if 
promulgated, will 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 Phalaenopsis spp. and Cymbidium spp. orchid 
varieties from the Republic of Korea 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

[[Page 53336]]

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) United States 
Department of Agriculture (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. Comments on the environmental 
assessment can be submitted following the instructions under ADDRESSES. 
(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.), reporting and recordkeeping 
requirements included in this proposed rule have been submitted for 
approval to the Office of Management and Budget (OMB). Please send 
comments on the Information Collection Request (ICR) to OMB's Office of 
Information and Regulatory Affairs via email to 
[email protected], Attention: Desk Officer for APHIS, 
Washington, DC 20503. Please state that your comments refer to Docket 
No. APHIS-2015-0091. Please send a copy of your comments to the USDA 
using one of the methods described under ADDRESSES at the beginning of 
this document.
    APHIS is proposing to amend the regulations governing the 
importation of plants for planting to add orchid plants of the genera 
Phalaenopsis and Cymbidium from the Republic of Korea to the list of 
plants that can be imported into the continental United States in an 
approved growing medium, subject to specified growing, inspection, and 
certification requirements. APHIS is taking this action 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.
    Adding orchid plants of the genera Phalaenopsis and Cymbidium from 
the Republic of Korea to the list of plants that can be imported into 
the continental United States in growing media will require information 
collection activities, such as phytosanitary certificates, written 
agreements, and inspections.
    The purpose of this notice is to solicit comments from the public 
(as well as affected agencies) concerning these information collection 
activities. APHIS needs this outside input to help accomplish the 
following:
    (1) Evaluate whether the 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 burden of the 
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 or responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.56 hours per response.
    Respondents: Importers, shippers, and the NPPO of the Republic of 
Korea.
    Estimated number of respondents: 3.
    Estimated number of responses per respondent: 139.
    Estimated annual number of responses: 416.
    Estimated total annual burden on respondents: 232.
    (Due to rounding, the total annual burden hours may not equal the 
product of the annual number of responses multiplied by the average 
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

    APHIS is committed to compliance with the E-Government Act to 
promote the use of the Internet and other information technologies, to 
provide increased opportunities for citizen access to Government 
information and services, and for other purposes. For information 
pertinent to E-Government Act compliance related to this 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. In Sec.  319.37-8, paragraph (e) is amended as follows:
0
a. In the introductory text, by adding a new entry for ``Cymbidium spp, 
from the Republic of Korea'' in alphabetical order and revising the 
entry for Phalaenopsis spp.; and
0
b. By revising paragraph (e)(2)(xiii).
    The addition and revisions read as follows:


Sec.  319.37-8  Growing media.

* * * * *
    (e) * * *
    Cymbidium spp. from the Republic of Korea
* * * * *
    Phalaenopsis spp. from Taiwan, the People's Republic of China, and 
the Republic of Korea.
* * * * *
    (2) * * *
    (xiii) Plants for planting of Phalaenopsis spp. from the People's 
Republic of China and Phalaenopsis spp. and Cymbidium spp. from the 
Republic of Korea 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 9th day of August 2016.
Jere L. Dick,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-19224 Filed 8-11-16; 8:45 am]
BILLING CODE 3410-34-P



                                               53334

                                               Proposed Rules                                                                                                Federal Register
                                                                                                                                                             Vol. 81, No. 156

                                                                                                                                                             Friday, August 12, 2016



                                               This section of the FEDERAL REGISTER                    #!docketDetail;D=APHIS-2015-0091 or                   between the Animal and Plant Health
                                               contains notices to the public of the proposed          in our reading room, which is located in              Inspection Service (APHIS) and the
                                               issuance of rules and regulations. The                  Room 1141 of the USDA South                           national plant protection organization
                                               purpose of these notices is to give interested          Building, 14th Street and Independence                (NPPO) of the country where the plants
                                               persons an opportunity to participate in the            Avenue SW., Washington, DC. Normal                    are grown and between the foreign
                                               rule making prior to the adoption of the final
                                               rules.
                                                                                                       reading room hours are 8 a.m. to 4:30                 NPPO and the grower;
                                                                                                       p.m., Monday through Friday, except                      • Requires the plants to be rooted and
                                                                                                       holidays. To be sure someone is there to              grown in a greenhouse that meets
                                               DEPARTMENT OF AGRICULTURE                               help you, please call (202) 799–7039                  certain requirements for pest exclusion
                                                                                                       before coming.                                        and that is used only for plants being
                                               Animal and Plant Health Inspection                      FOR FURTHER INFORMATION CONTACT: Mr.                  grown in compliance with § 319.37–
                                               Service                                                 William Aley, Senior Regulatory                       8(e);
                                                                                                       Specialist, Plants for Planting Policy,                  • Restricts the source of the seeds or
                                               7 CFR Part 319                                          PPQ, APHIS, 4700 River Road, Unit 133,                parent plants used to produce the
                                               [Docket No. APHIS–2015–0091]                            Riverdale, MD 20737; (301) 851–2130.                  plants, and requires grow-out or
                                                                                                       SUPPLEMENTARY INFORMATION:                            treatment of parent plants imported into
                                               RIN 0579–AE24                                                                                                 the exporting country from another
                                                                                                       Background                                            country;
                                               Importation of Orchids in Growing                                                                                • Specifies the sources of water that
                                                                                                          The regulations in 7 CFR part 319
                                               Media From the Republic of Korea Into                                                                         may be used on the plants, the height of
                                                                                                       prohibit or restrict the importation into
                                               the Continental United States                                                                                 the benches on which the plants must
                                                                                                       the United States of certain plants and
                                               AGENCY:  Animal and Plant Health                        plant products into the United States to              be grown, and the conditions under
                                               Inspection Service, Department of                       prevent the introduction of plant pests               which the plants must be stored and
                                               Agriculture.                                            and noxious weeds. The regulations in                 packaged; and
                                               ACTION: Proposed rule.                                  ‘‘Subpart—Plants for Planting,’’                         • Requires that the plants be
                                                                                                       §§ 319.37 through 319.37–14 (referred to              inspected in the greenhouse and found
                                               SUMMARY:   We are proposing to amend                    below as the regulations) contain,                    free of evidence of plant pests no more
                                               the regulations governing the                           among other things, prohibitions and                  than 30 days prior to the exportation of
                                               importation of plants for planting to add               restrictions on the importation of plants,            the plants.
                                               orchid plants of the genera Phalaenopsis                plant parts, and seeds for propagation.                  A phytosanitary certificate issued by
                                               and Cymbidium from the Republic of                         Paragraph (a) of § 319.37–8 of the                 the NPPO of the country in which the
                                               Korea to the list of plants that may be                 regulations requires, with certain                    plants were grown that declares that the
                                               imported into the continental United                    exceptions, that plants offered for                   above conditions have been met, must
                                               States in an approved growing medium,                   importation into the United States be                 accompany the plants at the time of
                                               subject to specified growing, inspection,               free of sand, soil, earth, and other                  importation. These conditions have
                                               and certification requirements. We are                  growing media. This requirement is                    been used successfully to mitigate the
                                               taking this action in response to a                     intended to help prevent the                          risk of pest introduction associated with
                                               request from the Republic of Korea and                  introduction of plant pests that might be             the importation into the United States of
                                               after determining that the plants could                 present in the growing media; the                     approved plants established in growing
                                               be imported under certain conditions,                   exceptions to the requirement take into               media.
                                               without resulting in the introduction                   account factors that mitigate that plant                 Currently, orchid plants of the genera
                                               into, or the dissemination within, the                  pest risk. Those exceptions, which are                Cymbidium and Phalaenopsis may only
                                               United States of a plant pest or noxious                found in paragraphs (b) through (e) of                be imported into the United States from
                                               weed.                                                   § 319.37–8, consider either the origin of             the Republic of Korea as bare root
                                               DATES: We will consider all comments                    the plants and growing media                          plants, in accordance with § 319.37–2.
                                               that we receive on or before October 11,                (paragraph (b)), the nature of the                    The NPPO of the Republic of Korea has
                                               2016.                                                   growing media (paragraphs (c) and (d)),               requested that importation into the
                                               ADDRESSES: You may submit comments                      or the use of a combination of growing                United States of those plants in growing
                                               by either of the following methods:                     conditions, approved media,                           media be allowed under the provisions
                                                 • Federal eRulemaking Portal: Go to                   inspections, and other requirements                   of § 319.37–8.
                                               http://www.regulations.gov/                             (paragraph (e)).                                         The regulations in § 319.37–8(g)
                                               #!docketDetail;D=APHIS-2015-0091.                          Paragraph (e) of § 319.37–8 provides               provide that requests such as the one
                                                 • Postal Mail/Commercial Delivery:                    conditions under which certain plants                 made by the NPPO of the Republic of
                                               Send your comment to Docket No.                         established in growing media may be                   Korea be evaluated by APHIS using a
                                                                                                                                                             pest risk assessment (PRA) that uses
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               APHIS–2015–0091, Regulatory Analysis                    imported into the United States. In
                                               and Development, PPD, APHIS, Station                    addition to specifying the types of                   specific pest risk evaluation standards
                                               3A–03.8, 4700 River Road, Unit 118,                     plants that may be imported, § 319.37–                that are based on pest risk analysis
                                               Riverdale, MD 20737–1238.                               8(e) also:                                            guidelines established by the
                                                 Supporting documents and any                             • Specifies the types of growing                   International Plant Protection
                                               comments we receive on this docket                      media that may be used;                               Convention of the United Nations’ Food
                                               may be viewed at http://                                   • Requires plants to be grown in                   and Agriculture Organization. Such
                                               www.regulations.gov/                                    accordance with written agreements                    analyses are conducted to determine the


                                          VerDate Sep<11>2014   14:23 Aug 11, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\12AUP1.SGM   12AUP1


                                                                       Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Proposed Rules                                         53335

                                               plant pest risks associated with each                   introduction or dissemination of plant                combined number of plants, 3 to 6
                                               requested plant article and to determine                pests into the United States.                         million, is estimated to equal more than
                                               whether or not APHIS should propose                       Accordingly, we are proposing to                    2,000 MT to 4,000 MT per year. This
                                               to allow the requested plant article                    amend the regulations in § 319.37–8(e)                amount seems disproportionate to the
                                               established in growing media to be                      by adding Cymbidium spp. and                          Republic of Korea’s history of orchid
                                               imported into the United States. In                     Phalaenopsis spp. plants from the                     exports worldwide, which have
                                               accordance with § 319.37–8(g), APHIS                    Republic of Korea to the list of plants               declined from 2,936 MT in 2010 to 806
                                               has conducted the required PRA, which                   established in an approved growing                    MT in 2014. The Republic of Korea
                                               can be viewed online on the                             medium that may be imported into the                  exported only 1.3 MT of bare-rooted
                                               Regulations.gov Web site or in our                      United States. The plants would have to               orchid plants to the United States in
                                               reading room (see ADDRESSES above for                   be produced, handled, and imported in                 2014.
                                               instructions for accessing                              accordance with the requirements of                     We expect the quantity of orchids in
                                               Regulations.gov).                                       § 319.37–8(e) and be accompanied at the               approved growing media imported from
                                                 In the PRA, titled ‘‘Importation of                   time of importation by a phytosanitary                the Republic of Korea will also be
                                               Cymbidium spp. and Phalaenopsis spp.                    certificate issued by the NPPO of the                 limited because of the U.S. market’s
                                               Orchid Plants in Approved Growing                       Republic of Korea that declares that                  competitive environment. Import levels
                                               Media from Republic of Korea into the                   those requirements have been met.                     would depend on the ability of Korean
                                               Continental United States,’’ APHIS                                                                            producers and exporters to cover their
                                                                                                       Executive Order 12866 and Regulatory
                                               identified that six quarantine pests                                                                          production, transportation, and
                                                                                                       Flexibility Act
                                               present in the Republic of Korea could                                                                        marketing costs given U.S. market
                                                                                                          This proposed rule has been                        prices. U.S. nurseries that purchased the
                                               potentially follow the import pathway:
                                                                                                       determined to be not significant for the              Korean orchids in approved growing
                                               Moths                                                   purposes of Executive Order 12866 and,                media would benefit from their
                                                                                                       therefore, has not been reviewed by the               improved quality and reduced
                                               •   Spodoptera litura (Fabricius)
                                                                                                       Office of Management and Budget.                      production time in comparison to bare-
                                               •   Dichromothrips smithi (Zimmermann)                     In accordance with the Regulatory
                                               •   Thrips palmi (Karny)                                                                                      rooted plants. The proposed rule would
                                                                                                       Flexibility Act, we have analyzed the                 increase competition for U.S. producers
                                               •   Pseudococcus dendrobiorum                           potential economic effects of this action
                                                   (Williams)                                                                                                and importers of immature
                                                                                                       on small entities. The analysis is                    Phalaenopsis spp. and Cymbidium spp.
                                               Slug                                                    summarized below. Copies of the full                  plants.
                                                                                                       analysis are available by contacting the                 U.S. orchid producers numbered 158
                                               • Deroceras varians (Adams)                             person listed under FOR FURTHER                       in 2012. Of those producers, it is
                                               Fungi                                                   INFORMATION CONTACT or on the                         unknown how many are small entities.
                                                                                                       Regulations.gov Web site (see                         Given the relatively small quantity of
                                               • Colletotrichum boninense (Moriwaki)
                                                                                                       ADDRESSES above for instructions for                  orchid plants in approved growing
                                                  The PRA identified P. dendrobiorum                   accessing Regulations.gov).                           media that we expect to be imported
                                               as having a medium pest risk potential                     Orchids are the single largest group of            from the Republic of Korea, the
                                               of following the pathway on Cymbidium                   potted flowering plants sold in the                   Administrator of the Animal and Plant
                                               spp. and Phalaenopsis plants from the                   United States, comprising about $266                  Health Inspection Service has
                                               Republic of Korea. The remaining five                   million of the $788 million in 2014 sales             determined that this action, if
                                               plant pests (S. litura, D. smithi, T.                   for this industry. In 2014, Phalaenopsis              promulgated, will not have a significant
                                               palmi, D. varians, and C. boninense)                    spp. comprised 57 percent of orchid                   economic impact on a substantial
                                               were rated as having a high pest risk                   sales. Although Cymbidium spp. are                    number of small entities.
                                               potential.                                              popular in other parts of the world, the
                                                  However, the PRA acknowledged that                   quantity of potted Cymbidium spp. sold                Executive Order 12988
                                               the risk presented by these plant pests                 in the United States is small when                       This proposed rule has been reviewed
                                               is consistent with pests associated with                compared to other varieties of orchids.               under Executive Order 12988, Civil
                                               any propagative orchid materials.                          The proposed rule would enable                     Justice Reform. If this proposed rule is
                                               Further, it is important to note that                   Korean exporters to provide higher-                   adopted: (1) All State and local laws and
                                               those plant pest risks are present in the               valued, mature potted plants directly to              regulations that are inconsistent with
                                               absence of the mitigative effects of the                wholesalers and retailers. However,                   this rule will be preempted; (2) no
                                               requirements in § 319.37–8(e), which                    such a scenario is considered unlikely,               retroactive effect will be given to this
                                               are designed to establish and maintain                  given the technical challenges and                    rule; and (3) administrative proceedings
                                               a pest-free production environment and                  marketing costs incurred when shipping                will not be required before parties may
                                               ensure the use of pest-free seeds or                    finished plants in pots. A more likely                file suit in court challenging this rule.
                                               parent plants. Given that, the risk                     scenario is for the Republic of Korea to
                                               management document (RMD)                               export immature plants as bare root                   National Environmental Policy Act
                                               concluded that the safeguards in                        plants or in approved growing media to                  To provide the public with
                                               § 319.37–8(e) would allow the safe                      U.S. nurseries to grow and sell as                    documentation of APHIS’ review and
                                               importation of Cymbidium spp. and                       finished plants.                                      analysis of any potential environmental
                                               Phalaenopsis spp. plants from the                          The United States imported more than               impacts associated with the proposed
                                               Republic of Korea provided that the                     6,760 metric tons (MT) of live orchids                importation of Phalaenopsis spp. and
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               plants are established in an approved                   valued at about $83 million in 2014,                  Cymbidium spp. orchid varieties from
                                               growing medium and meet all other                       with Taiwan supplying almost 84                       the Republic of Korea into the
                                               applicable conditions of § 319.37–8(e).                 percent. The Republic of Korea expects                continental United States, we have
                                               Based on the findings of the PRA and                    to export to the United States from 2 to              prepared an environmental assessment.
                                               RMD, we have determined that the                        5 million Phalaenopsis plants and about               The environmental assessment was
                                               application of the measures required                    1 million Cymbidium plants per year in                prepared in accordance with: (1) The
                                               under § 319.37–8(e) will prevent the                    approved growing media. This                          National Environmental Policy Act of


                                          VerDate Sep<11>2014   14:23 Aug 11, 2016   Jkt 238001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\12AUP1.SGM   12AUP1


                                               53336                   Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Proposed Rules

                                               1969 (NEPA), as amended (42 U.S.C.                      phytosanitary certificates, written                   services, and for other purposes. For
                                               4321 et seq.), (2) regulations of the                   agreements, and inspections.                          information pertinent to E-Government
                                               Council on Environmental Quality for                       The purpose of this notice is to solicit           Act compliance related to this proposed
                                               implementing the procedural provisions                  comments from the public (as well as                  rule, please contact Ms. Kimberly
                                               of NEPA (40 CFR parts 1500–1508), (3)                   affected agencies) concerning these                   Hardy, APHIS’ Information Collection
                                               United States Department of Agriculture                 information collection activities. APHIS              Coordinator, at (301) 851–2727.
                                               (USDA) regulations implementing                         needs this outside input to help
                                                                                                       accomplish the following:                             List of Subjects in 7 CFR Part 319
                                               NEPA (7 CFR part 1b), and (4) APHIS’
                                               NEPA Implementing Procedures (7 CFR                        (1) Evaluate whether the information                 Coffee, Cotton, Fruits, Imports, Logs,
                                               part 372).                                              collection is necessary for the proper                Nursery stock, Plant diseases and pests,
                                                  The environmental assessment may                     performance of our agency’s functions,                Quarantine, Reporting and
                                               be viewed on the Regulations.gov Web                    including whether the information will                recordkeeping requirements, Rice,
                                               site or in our reading room. Comments                   have practical utility;                               Vegetables.
                                               on the environmental assessment can be                     (2) Evaluate the accuracy of our
                                               submitted following the instructions                    estimate of burden of the information                   Accordingly, we propose to amend 7
                                               under ADDRESSES. (A link to                             collection, including the validity of the             CFR part 319 as follows:
                                               Regulations.gov and information on the                  methodology and assumptions used;
                                                                                                          (3) Enhance the quality, utility, and              PART 319—FOREIGN QUARANTINE
                                               location and hours of the reading room
                                                                                                       clarity of the information to be                      NOTICES
                                               are provided under the heading
                                               ADDRESSES at the beginning of this                      collected; and
                                               proposed rule.) In addition, copies may                    (4) Minimize the burden of the                     ■ 1. The authority citation for part 319
                                               be obtained by calling or writing to the                information collection on those who are               continues to read as follows:
                                               individual listed under FOR FURTHER                     to respond, (such as through the use of                 Authority: 7 U.S.C. 450, 7701–7772, and
                                               INFORMATION CONTACT.                                    appropriate automated, electronic,                    7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
                                                                                                       mechanical, or other technological                    2.22, 2.80, and 371.3.
                                               Paperwork Reduction Act                                 collection techniques or other forms of
                                                                                                       information technology, e.g., permitting              ■ 2. In § 319.37–8, paragraph (e) is
                                                 In accordance with section 3507(d) of
                                                                                                       electronic submission or responses).                  amended as follows:
                                               the Paperwork Reduction Act of 1995
                                               (44 U.S.C. 3501 et seq.), reporting and                    Estimate of burden: Public reporting               ■ a. In the introductory text, by adding
                                               recordkeeping requirements included in                  burden for this collection of information             a new entry for ‘‘Cymbidium spp, from
                                               this proposed rule have been submitted                  is estimated to average 0.56 hours per                the Republic of Korea’’ in alphabetical
                                               for approval to the Office of                           response.                                             order and revising the entry for
                                               Management and Budget (OMB). Please                        Respondents: Importers, shippers, and              Phalaenopsis spp.; and
                                               send comments on the Information                        the NPPO of the Republic of Korea.
                                                                                                                                                             ■ b. By revising paragraph (e)(2)(xiii).
                                                                                                          Estimated number of respondents: 3.
                                               Collection Request (ICR) to OMB’s
                                                                                                          Estimated number of responses per                    The addition and revisions read as
                                               Office of Information and Regulatory
                                                                                                       respondent: 139.                                      follows:
                                               Affairs via email to oira_submissions@                     Estimated annual number of
                                               omb.eop.gov, Attention: Desk Officer for                responses: 416.                                       § 319.37–8   Growing media.
                                               APHIS, Washington, DC 20503. Please                        Estimated total annual burden on                   *     *     *     *     *
                                               state that your comments refer to Docket                respondents: 232.
                                               No. APHIS–2015–0091. Please send a                                                                              (e) * * *
                                                                                                          (Due to rounding, the total annual
                                               copy of your comments to the USDA                       burden hours may not equal the product                  Cymbidium spp. from the Republic of
                                               using one of the methods described                      of the annual number of responses                     Korea
                                               under ADDRESSES at the beginning of                     multiplied by the average reporting                   *     *     *     *     *
                                               this document.                                          burden per response.)                                   Phalaenopsis spp. from Taiwan, the
                                                 APHIS is proposing to amend the                          A copy of the information collection               People’s Republic of China, and the
                                               regulations governing the importation of                may be viewed on the Regulations.gov                  Republic of Korea.
                                               plants for planting to add orchid plants                Web site or in our reading room. (A link
                                               of the genera Phalaenopsis and                                                                                *     *     *     *     *
                                                                                                       to Regulations.gov and information on
                                               Cymbidium from the Republic of Korea                    the location and hours of the reading                   (2) * * *
                                               to the list of plants that can be imported              room are provided under the heading                     (xiii) Plants for planting of
                                               into the continental United States in an                ADDRESSES at the beginning of this                    Phalaenopsis spp. from the People’s
                                               approved growing medium, subject to                     proposed rule.) Copies can also be                    Republic of China and Phalaenopsis
                                               specified growing, inspection, and                      obtained from Ms. Kimberly Hardy,                     spp. and Cymbidium spp. from the
                                               certification requirements. APHIS is                    APHIS’ Information Collection                         Republic of Korea may only be imported
                                               taking this action after determining that               Coordinator, at (301) 851–2727. APHIS                 into the continental United States, and
                                               the plants could be imported under                      will respond to any ICR-related                       may not be imported or moved into
                                               certain conditions, without resulting in                comments in the final rule. All                       Hawaii or the territories of the United
                                               the introduction into, or the                           comments will also become a matter of                 States.
                                               dissemination within, the United States                 public record.                                        *     *     *     *     *
                                               of a plant pest or noxious weed.
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                                 Adding orchid plants of the genera                    E-Government Act Compliance                             Done in Washington, DC, this 9th day of
                                               Phalaenopsis and Cymbidium from the                       APHIS is committed to compliance                    August 2016.
                                               Republic of Korea to the list of plants                 with the E-Government Act to promote                  Jere L. Dick,
                                               that can be imported into the                           the use of the Internet and other                     Acting Administrator, Animal and Plant
                                               continental United States in growing                    information technologies, to provide                  Health Inspection Service.
                                               media will require information                          increased opportunities for citizen                   [FR Doc. 2016–19224 Filed 8–11–16; 8:45 am]
                                               collection activities, such as                          access to Government information and                  BILLING CODE 3410–34–P




                                          VerDate Sep<11>2014   14:23 Aug 11, 2016   Jkt 238001   PO 00000   Frm 00003   Fmt 4702   Sfmt 9990   E:\FR\FM\12AUP1.SGM   12AUP1



Document Created: 2018-02-09 11:33:14
Document Modified: 2018-02-09 11:33:14
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 October 11, 2016.
ContactMr. William Aley, Senior Regulatory Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737; (301) 851-2130.
FR Citation81 FR 53334 
RIN Number0579-AE24
CFR AssociatedCoffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR