81_FR_7223 81 FR 7195 - Importation of Phalaenopsis Spp. Plants for Planting in Approved Growing Media From China to the Continental United States

81 FR 7195 - 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 81, Issue 28 (February 11, 2016)

Page Range7195-7198
FR Document2016-02822

We are amending 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 consists of measures that are currently specified in the regulations as generally applicable to all plants for planting authorized for importation into the United States in approved growing media. This rule allows for the importation of Phalaenopsis spp. plants for planting from China in approved growing media, while providing protection against the introduction of quarantine plant pests.

Federal Register, Volume 81 Issue 28 (Thursday, February 11, 2016)
[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Rules and Regulations]
[Pages 7195-7198]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02822]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

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Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / 
Rules and Regulations

[[Page 7195]]



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: Final rule.

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

SUMMARY: We are amending 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 consists of measures that are currently specified in the 
regulations as generally applicable to all plants for planting 
authorized for importation into the United States in approved growing 
media. This rule allows for the importation of Phalaenopsis spp. plants 
for planting from China in approved growing media, while providing 
protection against the introduction of quarantine plant pests.

DATES: Effective March 14, 2016.

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 quarantine plant 
pests. Restricted articles are articles authorized for importation into 
the United States, provided that the articles are subject to mitigation 
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 
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 (xii) contain additional, taxon-specific provisions.
    In response to a request from the national plant protection 
organization (NPPO) of China, on June 1, 2015, in a proposed rule \1\ 
published in the Federal Register (80 FR 30959-30961, Docket No. APHIS-
2014-0106), we proposed 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 for importation into the United 
States in approved growing media. We also proposed 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.
---------------------------------------------------------------------------

    \1\ To view the proposed rule, its supporting documents, or the 
comments that we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0106.
---------------------------------------------------------------------------

    We solicited comments concerning our proposal for 60 days ending 
July 31, 2015. We received eight comments by that date. They were from 
the NPPO of China, two State departments of agriculture, an 
organization representing State departments of agriculture, an 
organization representing horticulture in the State of Hawaii, a plant 
pathologist specializing in Phalaenopsis spp. plants for planting, and 
private citizens.
    One commenter suggested we finalize the rule, as written. The 
remaining commenters had questions and comments regarding the rule and 
its supporting documents. We discuss the comments that we received 
below, by topic.

Comments Regarding the Pest Risk Assessment and Risk Management 
Document

    In response to the NPPO of China's request, we prepared a pest risk 
assessment (PRA), titled ``Importation of Phalaenopsis spp. Orchids in 
Growing Media from China into the Continental United States: A Pathway-
Initiated Risk Assessment,'' to analyze 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. We also prepared a risk management document (RMD), titled 
``Importation of Phalaenopsis spp. Orchids in Approved Growing Media 
from China into the Continental United States,'' to identify 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.
    One commenter stated that the PRA did not consider the possibility 
that viral pathogens of Phalaenopsis spp. plants for planting could be 
introduced into the continental United States through the importation 
of Phalaenopsis spp. plants for planting in approved growing media from 
China.
    In developing our PRAs, we first prepare a list of pests of the 
commodity that we have determined to occur in the particular foreign 
region. We then determine whether the pests are quarantine pests, which 
the regulations define as plant pests that are of potential economic 
importance to the United States and not yet present in the United 
States, or present but not widely distributed and being officially 
controlled. If the pests are quarantine pests, we then assess whether 
they

[[Page 7196]]

could be introduced into the United States through the importation of 
the commodity.
    The PRA identified five viral pathogens of Phalaenopsis spp. plants 
for planting that we have determined to occur in China. However, none 
of these pathogens are quarantine pests. Accordingly, we did not assess 
whether they are likely to follow the pathway on Phalaenopsis spp. 
plants for planting in approved growing media from China to the 
continental United States.
    One commenter pointed out that, in the PRA, the list of plant pests 
of Phalaenopsis spp. plants for planting that are known to occur in 
China did not include Dickeya dieffenbachiae, a bacterial pathogen, and 
Colletotrichum karstii, a pathogenic fungus. The commenter stated that 
these pests occur in China and could follow the pathway on Phalaenopsis 
spp. plants for planting in approved growing media from China to the 
continental United States. The commenter concluded that the pests 
therefore should be added to the PRA, and mitigation measures specific 
to the pests should be added to the RMD and rule.
    D. dieffenbachiae and C. karstii were detected in China after the 
PRA and RMD were drafted, and we agree with the commenter that they 
could follow the pathway on Phalaenopsis spp. plants for planting in 
approved growing media from China to the continental United States. 
However, we do not consider it necessary to revise the RMD or rule to 
specify mitigation measures for these pests. We reserve pest-specific 
mitigation measures for quarantine pests. Neither D. dieffenbachiae nor 
C. karstii is a quarantine pest: Both are present in the United States, 
and neither pest is under official control.
    Two commenters pointed out that the PRA identified four quarantine 
pests that could follow the pathway on Phalaenopsis spp. plants for 
planting in approved growing media from China to the continental United 
States: Spodoptera litura, Thrips palmi, Cylindrosporium 
phalaenopsidis, and Lissachatina fulica. The commenters stated that, if 
these pests became established throughout the United States, they could 
result in significant economic losses for domestic producers. For this 
reason, the commenters did not support the proposed rule.
    We agree that, if the quarantine pests identified by the PRA were 
to become established throughout the United States, they could cause 
economic losses for domestic producers. However, for the reasons 
specified in the RMD and the proposed rule itself, if the provisions of 
this rule are adhered to, we have determined that they will mitigate 
the plant pest risk associated with the importation of Phalaenopsis 
spp. plants for planting in approved growing media from China.
    Because we had identified more pests that could follow the pathway 
on orchids from Taiwan to the United States than from China to the 
continental United States, one commenter surmised that we were 
establishing more favorable trading conditions for China than for 
Taiwan regarding the export of orchids to the United States.
    The commenter's assumption is incorrect. There are more quarantine 
pests of Oncidium spp. known to occur in Taiwan that could follow the 
pathway on Oncidium spp. plants for planting in approved growing media 
from Taiwan to the United States than there are of Phalaenopsis spp. 
known to occur in China that could follow the pathway on Phalaenopsis 
spp. plants for planting in approved growing media from China to the 
continental United States.
    Finally, one commenter asked whether we were confident that the PRA 
had identified all the plant pests of Phalaenopsis spp. plants for 
planting in China, given China's size.
    We are confident. In the PRA, we took into consideration China's 
size and relied on multiple sources to identify pests of Phalaenopsis 
spp. plants for planting in China.

Comments Regarding Movement to Hawaii

    One commenter noted that the rule only proposed to authorize the 
importation of Phalaenopsis spp. plants for planting in approved 
growing media from China to the continental United States, and did not 
propose to authorize such importation to Hawaii or the territories of 
the United States. The commenter asked whether, once Phalaenopsis spp. 
plants for planting in approved growing media from China enter the 
continental United States, they subsequently may be shipped to Hawaii 
or the territories. If the rule does not authorize such reshipment, the 
commenter asked how we intended to prevent it from occurring.
    This rule expressly prohibits such reshipment, and we will use 
inspections to prevent it from occurring.

Comments Regarding the Proposed Systems Approach

    We proposed that the Phalaenopsis spp. plants for planting would 
have to be grown in a greenhouse in which sanitary procedures adequate 
to exclude quarantine pests are always employed. We proposed that, at a 
minimum, the greenhouse would have to be free from sand and soil, have 
screenings with openings of not more than 0.6 mm on all vents and 
openings except entryways, have entryways equipped with automatic 
closing doors, regularly clean and disinfect floors, benches, and 
tools, and use only rainwater that has been boiled or pasteurized, 
clean well water, or potable water to water the plants.
    One commenter stated that plant pest population densities can vary 
significantly within a foreign region. The commenter expressed concern 
that sanitary procedures that are adequate to exclude quarantine pests 
from a greenhouse in one region of China may not be adequate to do so 
in another region.
    Growers must employ sanitary procedures that are adequate to 
exclude quarantine pests from the Phalaenopsis spp. plants for planting 
grown at the greenhouse that are intended for export to the United 
States. These sanitary procedures must therefore correspond to the 
quarantine pest risk associated with the area in which the greenhouse 
is located. Accordingly, if the greenhouse is located in an area of 
China with particularly high population densities of a certain 
quarantine pest, the grower may need to employ additional safeguards to 
exclude that pest from affecting plants for planting at the greenhouse. 
The NPPO of China will make this determination regarding whether 
additional safeguards are necessary, and will communicate the 
safeguards needed to the greenhouse in an agreement with the grower. 
The grower must enter into such an agreement with the NPPO in order to 
export Phalaenopsis spp. plants for planting in approved growing media 
to the United States.
    Another commenter expressed concern that screenings with openings 
of 0.6 mm would not preclude T. palmi from entering the greenhouses. 
The commenter cited studies indicating that 40 to 50 percent of T. 
palmi that attempt to pass through such an opening can do so.
    We agree that screenings with openings of 0.6 mm may not preclude 
all T. palmi from entering the greenhouse. However, as we mentioned 
above, in order to comply with the provisions of the systems approach, 
growers will have to employ sanitary procedures that are sufficient to 
exclude quarantine pests from the Phalaenopsis spp. intended for export 
to the United States. Accordingly, growers in areas where T. palmi are 
present will be expected to develop a pest management

[[Page 7197]]

plan for T. palmi to address incursions of this pest into the 
greenhouse; the plan must have sufficient safeguards to prevent 
Phalaenopsis spp. plants for planting intended for export to the United 
States from becoming infested with T. palmi. The agreement that the 
grower enters into with the NPPO of China will specify the additional 
safeguards that the grower will use.
    In the proposed rule, we proposed to add a condition restricting 
the importation of Phalaenopsis spp. from China in approved growing 
media to the continental United States to Sec.  319.37-8 as paragraph 
(e)(2)(xii). In this final rule, it is added as paragraph (e)(2)(xiii).
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
change discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This 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. 604, we have performed a final 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this rule on small entities. Copies of the full 
analysis are available on the Regulations.gov Web site (see footnote 1 
in this document for a link to Regulations.gov) or by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT.
    APHIS is amending the regulations in 7 CFR 319.37-8(e) to allow 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.
    Prior to this rule, Phalaenopsis spp. imported from China were 
required to be bare-rooted. Eliminating this requirement 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.
    While many of the U.S. entities that will be affected by the rule 
such as orchid producers and importers may be small by Small Business 
Administration standards, we expect economic effects for these entities 
to be modest.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Preempts all State and local laws 
and regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for this final rule. The environmental assessment 
provides a basis for the conclusion that the importation of 
Phalaenopsis spp. plants for planting from China, subject to a required 
systems approach, will not have a significant impact on the quality of 
the human environment. Based on the finding of no significant impact, 
the Administrator of the Animal and Plant Health Inspection Service has 
determined that an environmental impact statement need not be prepared.
    The environmental assessment and finding of no significant impact 
were 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 and finding of no significant impact 
may be viewed on the Regulations.gov Web site. Copies of the 
environmental assessment and finding of no significant impact are also 
available for public inspection at USDA, Room 1141, South Building, 
14th Street and Independence Avenue SW., Washington, DC, between 8 a.m. 
and 4:30 p.m., Monday through Friday, except holidays. Persons wishing 
to inspect copies are requested to call ahead on (202) 799-7039 to 
facilitate entry into the reading room. In addition, copies may be 
obtained by 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 final rule, which were 
filed under 0579-0439, have been submitted for approval to the Office 
of Management and Budget (OMB). When OMB notifies us of its decision, 
if approval is denied, we will publish a document in the Federal 
Register providing notice of what action we plan to take.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this final 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 are amending 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 paragraph (e) introductory text, in the entry for ``Phalaenopsis 
spp. from Taiwan'', add the words ``and the People's Republic of 
China'' after the word ``Taiwan''.
0
b. Add paragraph (e)(2)(xiii).
0
c. Revise the OMB citation at the end of the section.
    The addition and revision read as follows:


Sec.  319.37-8  Growing media.

* * * * *
    (e) * * *
    (2) * * *
    (xiii) 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.
* * * * *

[[Page 7198]]

(Approved by the Office of Management and Budget under control 
numbers 0579-0266, 0579-0431, and 0579-0439)

    Done in Washington, DC, this 5th day of February 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-02822 Filed 2-10-16; 8:45 am]
 BILLING CODE 3410-34-P



                                                                                                                                                                                                  7195

                                                Rules and Regulations                                                                                         Federal Register
                                                                                                                                                              Vol. 81, No. 28

                                                                                                                                                              Thursday, February 11, 2016



                                                This section of the FEDERAL REGISTER                    The regulations contained in ‘‘Subpart—               that date. They were from the NPPO of
                                                contains regulatory documents having general            Plants for Planting,’’ §§ 319.37 through              China, two State departments of
                                                applicability and legal effect, most of which           319.37–14 (referred to below as the                   agriculture, an organization representing
                                                are keyed to and codified in the Code of                regulations), prohibit or restrict, among             State departments of agriculture, an
                                                Federal Regulations, which is published under           other things, the importation of living               organization representing horticulture
                                                50 titles pursuant to 44 U.S.C. 1510.
                                                                                                        plants, plant parts, and seeds for                    in the State of Hawaii, a plant
                                                The Code of Federal Regulations is sold by              propagation or planting.                              pathologist specializing in Phalaenopsis
                                                the Superintendent of Documents. Prices of                The regulations differentiate between               spp. plants for planting, and private
                                                new books are listed in the first FEDERAL               prohibited articles and restricted                    citizens.
                                                REGISTER issue of each week.                            articles. Prohibited articles are plants for             One commenter suggested we finalize
                                                                                                        planting whose importation into the                   the rule, as written. The remaining
                                                                                                        United States is not authorized due to                commenters had questions and
                                                DEPARTMENT OF AGRICULTURE                               the risk the articles present of                      comments regarding the rule and its
                                                                                                        introducing or disseminating quarantine               supporting documents. We discuss the
                                                Animal and Plant Health Inspection                      plant pests. Restricted articles are                  comments that we received below, by
                                                Service                                                 articles authorized for importation into              topic.
                                                                                                        the United States, provided that the                  Comments Regarding the Pest Risk
                                                7 CFR Part 319                                          articles are subject to mitigation                    Assessment and Risk Management
                                                [Docket No. APHIS–2014–0106]                            measures to address such risk.                        Document
                                                                                                          Conditions for the importation into
                                                RIN 0579–AE10                                           the United States of restricted articles in              In response to the NPPO of China’s
                                                                                                        growing media are found in § 319.37–8.                request, we prepared a pest risk
                                                Importation of Phalaenopsis Spp.                                                                              assessment (PRA), titled ‘‘Importation of
                                                                                                        Within that section, the introductory
                                                Plants for Planting in Approved                                                                               Phalaenopsis spp. Orchids in Growing
                                                                                                        text of paragraph (e) lists taxa of
                                                Growing Media From China to the                                                                               Media from China into the Continental
                                                                                                        restricted articles that may be imported
                                                Continental United States                                                                                     United States: A Pathway-Initiated Risk
                                                                                                        into the United States in approved
                                                AGENCY:  Animal and Plant Health                        growing media, subject to the provisions              Assessment,’’ to analyze the potential
                                                Inspection Service, USDA.                               of a systems approach. Paragraph (e)(1)               pest risk associated with the
                                                                                                        of § 319.37–8 lists the approved growing              importation of Phalaenopsis spp. plants
                                                ACTION: Final rule.
                                                                                                        media, while paragraph (e)(2) contains                for planting in approved growing media
                                                SUMMARY:   We are amending the                          the provisions of the systems approach.               into the continental United States from
                                                regulations governing the importation of                Within paragraph (e)(2), paragraphs (i)               China. We also prepared a risk
                                                plants for planting to authorize the                    through (viii) contain provisions that are            management document (RMD), titled
                                                importation of Phalaenopsis spp. plants                 generally applicable to all the taxa listed           ‘‘Importation of Phalaenopsis spp.
                                                for planting from China in approved                     in the introductory text of paragraph (e),            Orchids in Approved Growing Media
                                                growing media into the continental                      while paragraphs (ix) through (xii)                   from China into the Continental United
                                                United States, subject to a systems                     contain additional, taxon-specific                    States,’’ to identify the phytosanitary
                                                approach. The systems approach                          provisions.                                           measures necessary to ensure the safe
                                                consists of measures that are currently                   In response to a request from the                   importation into the continental United
                                                specified in the regulations as generally               national plant protection organization                States of Phalaenopsis spp. plants for
                                                applicable to all plants for planting                   (NPPO) of China, on June 1, 2015, in a                planting in approved growing media
                                                authorized for importation into the                     proposed rule 1 published in the Federal              from China.
                                                United States in approved growing                                                                                One commenter stated that the PRA
                                                                                                        Register (80 FR 30959–30961, Docket
                                                media. This rule allows for the                                                                               did not consider the possibility that
                                                                                                        No. APHIS–2014–0106), we proposed to
                                                importation of Phalaenopsis spp. plants                                                                       viral pathogens of Phalaenopsis spp.
                                                                                                        amend the introductory text of
                                                for planting from China in approved                                                                           plants for planting could be introduced
                                                                                                        paragraph (e) of § 319.37–8 to add
                                                growing media, while providing                                                                                into the continental United States
                                                                                                        Phalaenopsis spp. plants for planting
                                                protection against the introduction of                                                                        through the importation of Phalaenopsis
                                                                                                        from China to the list of taxa authorized
                                                quarantine plant pests.                                                                                       spp. plants for planting in approved
                                                                                                        for importation into the United States in
                                                                                                                                                              growing media from China.
                                                DATES: Effective March 14, 2016.                        approved growing media. We also                          In developing our PRAs, we first
                                                FOR FURTHER INFORMATION CONTACT: Ms.                    proposed to add a paragraph (e)(2)(xii)               prepare a list of pests of the commodity
                                                Lydia E. Colón, PPQ, APHIS, 4700 River                 to § 319.37–8 that would specify that                 that we have determined to occur in the
                                                Road, Unit 133, Riverdale, MD 20737–                    such plants for planting may only be                  particular foreign region. We then
                                                1236; (301) 851–2302.                                   imported into the continental United                  determine whether the pests are
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        States.                                               quarantine pests, which the regulations
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                           We solicited comments concerning                   define as plant pests that are of potential
                                                Background                                              our proposal for 60 days ending July 31,              economic importance to the United
                                                  The regulations in 7 CFR part 319                     2015. We received eight comments by                   States and not yet present in the United
                                                prohibit or restrict the importation of                   1 To view the proposed rule, its supporting
                                                                                                                                                              States, or present but not widely
                                                certain plants and plant products into                  documents, or the comments that we received, go
                                                                                                                                                              distributed and being officially
                                                the United States to prevent the                        to http://www.regulations.gov/                        controlled. If the pests are quarantine
                                                introduction of quarantine plant pests.                 #!docketDetail;D=APHIS-2014-0106.                     pests, we then assess whether they


                                           VerDate Sep<11>2014   14:09 Feb 10, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\11FER1.SGM   11FER1


                                                7196             Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations

                                                could be introduced into the United                     we have determined that they will                     We proposed that, at a minimum, the
                                                States through the importation of the                   mitigate the plant pest risk associated               greenhouse would have to be free from
                                                commodity.                                              with the importation of Phalaenopsis                  sand and soil, have screenings with
                                                  The PRA identified five viral                         spp. plants for planting in approved                  openings of not more than 0.6 mm on
                                                pathogens of Phalaenopsis spp. plants                   growing media from China.                             all vents and openings except
                                                for planting that we have determined to                   Because we had identified more pests                entryways, have entryways equipped
                                                occur in China. However, none of these                  that could follow the pathway on                      with automatic closing doors, regularly
                                                pathogens are quarantine pests.                         orchids from Taiwan to the United                     clean and disinfect floors, benches, and
                                                Accordingly, we did not assess whether                  States than from China to the                         tools, and use only rainwater that has
                                                they are likely to follow the pathway on                continental United States, one                        been boiled or pasteurized, clean well
                                                Phalaenopsis spp. plants for planting in                commenter surmised that we were                       water, or potable water to water the
                                                approved growing media from China to                    establishing more favorable trading                   plants.
                                                the continental United States.                          conditions for China than for Taiwan                     One commenter stated that plant pest
                                                  One commenter pointed out that, in                    regarding the export of orchids to the                population densities can vary
                                                the PRA, the list of plant pests of                     United States.                                        significantly within a foreign region.
                                                Phalaenopsis spp. plants for planting                     The commenter’s assumption is                       The commenter expressed concern that
                                                that are known to occur in China did                    incorrect. There are more quarantine                  sanitary procedures that are adequate to
                                                not include Dickeya dieffenbachiae, a                   pests of Oncidium spp. known to occur                 exclude quarantine pests from a
                                                bacterial pathogen, and Colletotrichum                  in Taiwan that could follow the                       greenhouse in one region of China may
                                                karstii, a pathogenic fungus. The                       pathway on Oncidium spp. plants for                   not be adequate to do so in another
                                                commenter stated that these pests occur                 planting in approved growing media                    region.
                                                in China and could follow the pathway                   from Taiwan to the United States than                    Growers must employ sanitary
                                                on Phalaenopsis spp. plants for planting                there are of Phalaenopsis spp. known to               procedures that are adequate to exclude
                                                in approved growing media from China                    occur in China that could follow the                  quarantine pests from the Phalaenopsis
                                                to the continental United States. The                   pathway on Phalaenopsis spp. plants for               spp. plants for planting grown at the
                                                commenter concluded that the pests                      planting in approved growing media                    greenhouse that are intended for export
                                                therefore should be added to the PRA,                   from China to the continental United                  to the United States. These sanitary
                                                and mitigation measures specific to the                 States.                                               procedures must therefore correspond to
                                                pests should be added to the RMD and                      Finally, one commenter asked                        the quarantine pest risk associated with
                                                rule.                                                   whether we were confident that the PRA                the area in which the greenhouse is
                                                  D. dieffenbachiae and C. karstii were                 had identified all the plant pests of                 located. Accordingly, if the greenhouse
                                                detected in China after the PRA and                     Phalaenopsis spp. plants for planting in              is located in an area of China with
                                                RMD were drafted, and we agree with                     China, given China’s size.                            particularly high population densities of
                                                the commenter that they could follow                      We are confident. In the PRA, we took               a certain quarantine pest, the grower
                                                the pathway on Phalaenopsis spp.                        into consideration China’s size and                   may need to employ additional
                                                plants for planting in approved growing                 relied on multiple sources to identify                safeguards to exclude that pest from
                                                media from China to the continental                     pests of Phalaenopsis spp. plants for                 affecting plants for planting at the
                                                United States. However, we do not                       planting in China.                                    greenhouse. The NPPO of China will
                                                consider it necessary to revise the RMD                                                                       make this determination regarding
                                                or rule to specify mitigation measures                  Comments Regarding Movement to                        whether additional safeguards are
                                                for these pests. We reserve pest-specific               Hawaii                                                necessary, and will communicate the
                                                mitigation measures for quarantine                         One commenter noted that the rule                  safeguards needed to the greenhouse in
                                                pests. Neither D. dieffenbachiae nor C.                 only proposed to authorize the                        an agreement with the grower. The
                                                karstii is a quarantine pest: Both are                  importation of Phalaenopsis spp. plants               grower must enter into such an
                                                present in the United States, and neither               for planting in approved growing media                agreement with the NPPO in order to
                                                pest is under official control.                         from China to the continental United                  export Phalaenopsis spp. plants for
                                                  Two commenters pointed out that the                   States, and did not propose to authorize              planting in approved growing media to
                                                PRA identified four quarantine pests                    such importation to Hawaii or the                     the United States.
                                                that could follow the pathway on                        territories of the United States. The                    Another commenter expressed
                                                Phalaenopsis spp. plants for planting in                commenter asked whether, once                         concern that screenings with openings
                                                approved growing media from China to                    Phalaenopsis spp. plants for planting in              of 0.6 mm would not preclude T. palmi
                                                the continental United States:                          approved growing media from China                     from entering the greenhouses. The
                                                Spodoptera litura, Thrips palmi,                        enter the continental United States, they             commenter cited studies indicating that
                                                Cylindrosporium phalaenopsidis, and                     subsequently may be shipped to Hawaii                 40 to 50 percent of T. palmi that attempt
                                                Lissachatina fulica. The commenters                     or the territories. If the rule does not              to pass through such an opening can do
                                                stated that, if these pests became                      authorize such reshipment, the                        so.
                                                established throughout the United                       commenter asked how we intended to                       We agree that screenings with
                                                States, they could result in significant                prevent it from occurring.                            openings of 0.6 mm may not preclude
                                                economic losses for domestic producers.                    This rule expressly prohibits such                 all T. palmi from entering the
                                                For this reason, the commenters did not                 reshipment, and we will use inspections               greenhouse. However, as we mentioned
                                                support the proposed rule.                              to prevent it from occurring.                         above, in order to comply with the
                                                  We agree that, if the quarantine pests                                                                      provisions of the systems approach,
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                                                identified by the PRA were to become                    Comments Regarding the Proposed                       growers will have to employ sanitary
                                                established throughout the United                       Systems Approach                                      procedures that are sufficient to exclude
                                                States, they could cause economic                         We proposed that the Phalaenopsis                   quarantine pests from the Phalaenopsis
                                                losses for domestic producers. However,                 spp. plants for planting would have to                spp. intended for export to the United
                                                for the reasons specified in the RMD                    be grown in a greenhouse in which                     States. Accordingly, growers in areas
                                                and the proposed rule itself, if the                    sanitary procedures adequate to exclude               where T. palmi are present will be
                                                provisions of this rule are adhered to,                 quarantine pests are always employed.                 expected to develop a pest management


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                                                                 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations                                          7197

                                                plan for T. palmi to address incursions                   While many of the U.S. entities that                collection or recordkeeping
                                                of this pest into the greenhouse; the                   will be affected by the rule such as                  requirements included in this final rule,
                                                plan must have sufficient safeguards to                 orchid producers and importers may be                 which were filed under 0579–0439,
                                                prevent Phalaenopsis spp. plants for                    small by Small Business Administration                have been submitted for approval to the
                                                planting intended for export to the                     standards, we expect economic effects                 Office of Management and Budget
                                                United States from becoming infested                    for these entities to be modest.                      (OMB). When OMB notifies us of its
                                                with T. palmi. The agreement that the                                                                         decision, if approval is denied, we will
                                                                                                        Executive Order 12988
                                                grower enters into with the NPPO of                                                                           publish a document in the Federal
                                                China will specify the additional                          This final rule has been reviewed                  Register providing notice of what action
                                                safeguards that the grower will use.                    under Executive Order 12988, Civil                    we plan to take.
                                                   In the proposed rule, we proposed to                 Justice Reform. This rule: (1) Preempts
                                                add a condition restricting the                         all State and local laws and regulations              E-Government Act Compliance
                                                importation of Phalaenopsis spp. from                   that are inconsistent with this rule; (2)                The Animal and Plant Health
                                                China in approved growing media to the                  has no retroactive effect; and (3) does               Inspection Service is committed to
                                                continental United States to § 319.37–8                 not require administrative proceedings                compliance with the E-Government Act
                                                as paragraph (e)(2)(xii). In this final rule,           before parties may file suit in court                 to promote the use of the Internet and
                                                it is added as paragraph (e)(2)(xiii).                  challenging this rule.                                other information technologies, to
                                                   Therefore, for the reasons given in the                                                                    provide increased opportunities for
                                                proposed rule and in this document, we                  National Environmental Policy Act
                                                                                                                                                              citizen access to Government
                                                are adopting the proposed rule as a final                  An environmental assessment and                    information and services, and for other
                                                rule, with the change discussed in this                 finding of no significant impact have                 purposes. For information pertinent to
                                                document.                                               been prepared for this final rule. The                E-Government Act compliance related
                                                                                                        environmental assessment provides a                   to this final rule, please contact Ms.
                                                Executive Order 12866 and Regulatory                    basis for the conclusion that the
                                                Flexibility Act                                                                                               Kimberly Hardy, APHIS’ Information
                                                                                                        importation of Phalaenopsis spp. plants               Collection Coordinator, at (301) 851–
                                                   This rule has been determined to be                  for planting from China, subject to a                 2727.
                                                not significant for the purposes of                     required systems approach, will not
                                                Executive Order 12866 and, therefore,                   have a significant impact on the quality              List of Subjects in 7 CFR Part 319
                                                has not been reviewed by the Office of                  of the human environment. Based on                      Coffee, Cotton, Fruits, Imports, Logs,
                                                Management and Budget.                                  the finding of no significant impact, the             Nursery stock, Plant diseases and pests,
                                                   In accordance with 5 U.S.C. 604, we                  Administrator of the Animal and Plant                 Quarantine, Reporting and
                                                have performed a final regulatory                       Health Inspection Service has                         recordkeeping requirements, Rice,
                                                flexibility analysis, which is                          determined that an environmental                      Vegetables.
                                                summarized below, regarding the                         impact statement need not be prepared.                  Accordingly, we are amending 7 CFR
                                                economic effects of this rule on small                     The environmental assessment and                   part 319 as follows:
                                                entities. Copies of the full analysis are               finding of no significant impact were
                                                available on the Regulations.gov Web                    prepared in accordance with: (1) The                  PART 319—FOREIGN QUARANTINE
                                                site (see footnote 1 in this document for               National Environmental Policy Act of                  NOTICES
                                                a link to Regulations.gov) or by                        1969 (NEPA), as amended (42 U.S.C.
                                                contacting the person listed under FOR                  4321 et seq.), (2) regulations of the                 ■ 1. The authority citation for part 319
                                                FURTHER INFORMATION CONTACT.                            Council on Environmental Quality for                  continues to read as follows:
                                                   APHIS is amending the regulations in                 implementing the procedural provisions                  Authority: 7 U.S.C. 450, 7701–7772, and
                                                7 CFR 319.37–8(e) to allow the                          of NEPA (40 CFR parts 1500–1508), (3)                 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
                                                importation from China into the                         USDA regulations implementing NEPA                    2.22, 2.80, and 371.3.
                                                continental United States of orchids of                 (7 CFR part 1b), and (4) APHIS’ NEPA                  ■ 2. Section 319.37–8 is amended as
                                                the genus Phalaenopsis established in                   Implementing Procedures (7 CFR part                   follows:
                                                an approved growing medium, subject                     372).                                                 ■ a. In paragraph (e) introductory text,
                                                to specified growing, inspection, and                      The environmental assessment and                   in the entry for ‘‘Phalaenopsis spp. from
                                                certification requirements.                             finding of no significant impact may be               Taiwan’’, add the words ‘‘and the
                                                   Prior to this rule, Phalaenopsis spp.                viewed on the Regulations.gov Web site.               People’s Republic of China’’ after the
                                                imported from China were required to                    Copies of the environmental assessment                word ‘‘Taiwan’’.
                                                be bare-rooted. Eliminating this                        and finding of no significant impact are              ■ b. Add paragraph (e)(2)(xiii).
                                                requirement is expected to increase the                 also available for public inspection at               ■ c. Revise the OMB citation at the end
                                                number and quality of orchids imported                  USDA, Room 1141, South Building,                      of the section.
                                                from China by U.S. producers, who then                  14th Street and Independence Avenue                     The addition and revision read as
                                                finish the plants for the retail market.                SW., Washington, DC, between 8 a.m.                   follows:
                                                This change could result in cost savings                and 4:30 p.m., Monday through Friday,
                                                for these U.S. producers, which may or                  except holidays. Persons wishing to                   § 319.37–8    Growing media.
                                                may not be passed on to U.S. buyers.                    inspect copies are requested to call                  *     *     *     *     *
                                                The amended regulations could also                      ahead on (202) 799–7039 to facilitate                   (e) * * *
                                                result in the importation of market-                    entry into the reading room. In addition,               (2) * * *
                                                ready Phalaenopsis spp. in approved                     copies may be obtained by writing to the                (xiii) Plants for planting of
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                                                growing media from China that would                     individual listed under FOR FURTHER                   Phalaenopsis spp. from the People’s
                                                directly compete at wholesale and retail                INFORMATION CONTACT.
                                                                                                                                                              Republic of China may only be imported
                                                levels with U.S. finished potted orchids.                                                                     into the continental United States, and
                                                The latter scenario is considered                       Paperwork Reduction Act                               may not be imported or moved into
                                                unlikely, given the technical challenges                  In accordance with section 3507(d) of               Hawaii or the territories of the United
                                                and additional marketing costs incurred                 the Paperwork Reduction Act of 1995                   States.
                                                when shipping finished plants in pots.                  (44 U.S.C. 3501 et seq.), the information             *     *     *     *     *


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                                                7198             Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations

                                                (Approved by the Office of Management and               ■ 2. In § 702.504, revise paragraph (a) to            of safety equivalent to that established
                                                Budget under control numbers 0579–0266,                 read as follows:                                      by the existing airworthiness standards.
                                                0579–0431, and 0579–0439)
                                                                                                                                                              DATES: This action is effective on the
                                                  Done in Washington, DC, this 5th day of               § 702.504    Capital planning.
                                                                                                                                                              Boeing Company on February 11, 2016.
                                                February 2015.                                            (a) Annual capital planning. (1) A                  We must receive your comments by
                                                Kevin Shea,                                             covered credit union must develop and                 March 28, 2016.
                                                Administrator, Animal and Plant Health                  maintain a capital plan. It must submit
                                                                                                                                                              ADDRESSES: Send comments identified
                                                Inspection Service.                                     this plan and its capital policy to NCUA
                                                                                                                                                              by docket no. FAA–2015–5877 using
                                                [FR Doc. 2016–02822 Filed 2–10–16; 8:45 am]             by May 31 each year, or such later date
                                                                                                                                                              any of the following methods:
                                                BILLING CODE 3410–34–P                                  as directed by NCUA. The plan must be                    • Federal eRegulations Portal: Go to
                                                                                                        based on the credit union’s financial                 http://www.regulations.gov/ and follow
                                                                                                        data as of December 31 of the preceding               the online instructions for sending your
                                                NATIONAL CREDIT UNION                                   calendar year, or such other date as                  comments electronically.
                                                ADMINISTRATION                                          directed by NCUA. NCUA will assess                       • Mail: Send comments to Docket
                                                                                                        whether the capital planning and                      Operations, M–30, U.S. Department of
                                                12 CFR Part 702                                         analysis process is sufficiently robust in            Transportation (DOT), 1200 New Jersey
                                                                                                        determining whether to accept a credit                Avenue SE., Room W12–140, West
                                                RIN 3133–AE44
                                                                                                        union’s capital plan.                                 Building Ground Floor, Washington,
                                                Capital Planning and Stress Testing—                      (2) A covered credit union’s board of               DC, 20590–0001.
                                                Schedule Shift                                          directors (or a designated committee of                  • Hand Delivery or Courier: Take
                                                                                                        the board) must at least annually, and                comments to Docket Operations in
                                                AGENCY:  National Credit Union                          prior to the submission of the capital                Room W12–140 of the West Building
                                                Administration (NCUA).                                  plan under paragraph (a)(1) of this                   Ground Floor at 1200 New Jersey
                                                ACTION: Final rule; correcting                          section:                                              Avenue SE., Washington, DC, between 9
                                                amendment.                                                (i) Review the credit union’s process               a.m. and 5 p.m., Monday through
                                                                                                        for assessing capital adequacy;                       Friday, except Federal holidays.
                                                SUMMARY:   The NCUA Board (Board)                         (ii) Ensure that any deficiencies in the
                                                published a final rule in the Federal                                                                            • Fax: Fax comments to Docket
                                                                                                        credit union’s process for assessing                  Operations at 202–493–2251.
                                                Register on August 11, 2015, regarding                  capital adequacy are appropriately                       Privacy: The FAA will post all
                                                the capital planning and stress testing                 remedied; and                                         comments it receives, without change,
                                                provisions in NCUA’s regulations. This                    (iii) Approve the credit union’s                    to http://www.regulations.gov/,
                                                amendment corrects the regulations by                   capital plan.                                         including any personal information the
                                                reinstating a provision that was
                                                                                                        *      *    *     *    *                              commenter provides. Using the search
                                                inadvertently removed by the August
                                                                                                        [FR Doc. 2016–02740 Filed 2–10–16; 8:45 am]           function of the docket Web site, anyone
                                                2015 final rule.
                                                                                                        BILLING CODE 7535–01–P                                can find and read the electronic form of
                                                DATES: This correcting amendment is
                                                                                                                                                              all comments received into any FAA
                                                effective February 11, 2016.                                                                                  docket, including the name of the
                                                FOR FURTHER INFORMATION CONTACT:                                                                              individual sending the comment (or
                                                Marvin Shaw, Staff Attorney, Office of                  DEPARTMENT OF TRANSPORTATION
                                                                                                                                                              signing the comment for an association,
                                                General Counsel, 1775 Duke Street,                                                                            business, labor union, etc.). DOT’s
                                                                                                        Federal Aviation Administration
                                                Alexandria VA 22314 or telephone (703)                                                                        complete Privacy Act Statement can be
                                                518–6553.                                                                                                     found in the Federal Register published
                                                                                                        14 CFR Part 25
                                                SUPPLEMENTARY INFORMATION: NCUA is                                                                            on April 11, 2000 (65 FR 19477–19478),
                                                correcting a technical error in the final               [Docket No. FAA–2015–5877; Special                    as well as at http://DocketsInfo.dot
                                                rule NCUA published in the Federal                      Conditions No. 25–610–SC]                             .gov/.
                                                Register on August 11, 2015 (80 FR                                                                               Docket: Background documents or
                                                48012). This amendment corrects                         Special Conditions: The Boeing                        comments received may be read at
                                                § 702.504(a) of NCUA’s regulations by                   Company, Model 737–8 Airplanes;                       http://www.regulations.gov/ at any time.
                                                reinstating § 702.504(a)(2) which was                   Design Roll-Maneuver Requirements                     Follow the online instructions for
                                                inadvertently removed by the August                                                                           accessing the docket, or go to Docket
                                                                                                        AGENCY:  Federal Aviation
                                                2015 final rule.                                                                                              Operations in Room W12–140 of the
                                                                                                        Administration (FAA), DOT.
                                                List of Subjects in 12 CFR Part 702                                                                           West Building Ground Floor at 1200
                                                                                                        ACTION: Final special conditions; request
                                                                                                                                                              New Jersey Avenue SE., Washington,
                                                  Capital, Credit unions, Reporting and                 for comments.                                         DC, between 9 a.m. and 5 p.m., Monday
                                                recordkeeping requirements.                                                                                   through Friday, except Federal holidays.
                                                                                                        SUMMARY:    These special conditions are
                                                  By the National Credit Union                          issued for Boeing Model 737–8                         FOR FURTHER INFORMATION CONTACT:
                                                Administration Board on February 5, 2016.                                                                     Mark Freisthler, FAA, Airframe and
                                                                                                        airplanes. These airplanes will have a
                                                Gerard Poliquin,                                        novel or unusual design feature                       Cabin Safety Branch, Transport
                                                Secretary of the Board.                                 associated with an electronic flight-                 Airplane Directorate, Aircraft
                                                  For the reasons discussed above, the                  control system that provides roll control             Certification Service, 1601 Lind Avenue
                                                National Credit Union Administration                    of the airplane through pilot inputs to               SW., Renton, Washington, 98057–3356;
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                                                amends part 702 as follows:                             the flight computers. The applicable                  telephone 425–227–1119; facsimile
                                                                                                        airworthiness regulations do not contain              425–227–1232.
                                                PART 702—CAPITAL ADEQUACY                               adequate or appropriate safety standards              SUPPLEMENTARY INFORMATION: The FAA
                                                                                                        for this design feature. These special                has determined that notice of, and
                                                ■ 1. The authority citation for part 702                conditions contain the additional safety              opportunity for prior public comment
                                                continues to read as follows:                           standards that the Administrator                      on, these special conditions is
                                                    Authority: 12 U.S.C. 1766(a), 1790d.                considers necessary to establish a level              impracticable because these procedures


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Document Created: 2016-02-11 00:03:41
Document Modified: 2016-02-11 00:03:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective March 14, 2016.
ContactMs. Lydia E. Col[oacute]n, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1236; (301) 851-2302.
FR Citation81 FR 7195 
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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