81_FR_74928 81 FR 74720 - Importation of Orchids in Growing Media From Taiwan

81 FR 74720 - Importation of Orchids in Growing Media From Taiwan

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 81, Issue 208 (October 27, 2016)

Page Range74720-74722
FR Document2016-26031

We are proposing to amend the regulations governing the importation of plants for planting to add orchid plants of the genus Dendrobium from Taiwan to the list of plants that may be imported into the United States in an approved growing medium, subject to specified growing, inspection, and certification requirements. We are taking this action in response to a request from the Taiwanese Government and after determining that the plants could be imported, under certain conditions, without resulting in the introduction into, or the dissemination within, the United States of a plant pest or noxious weed.

Federal Register, Volume 81 Issue 208 (Thursday, October 27, 2016)
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Proposed Rules]
[Pages 74720-74722]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26031]


========================================================================
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. 208 / Thursday, October 27, 2016 / 
Proposed Rules

[[Page 74720]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2016-0005]
RIN 0579-AE28


Importation of Orchids in Growing Media From Taiwan

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the regulations governing the 
importation of plants for planting to add orchid plants of the genus 
Dendrobium from Taiwan to the list of plants that may be imported into 
the United States in an approved growing medium, subject to specified 
growing, inspection, and certification requirements. We are taking this 
action in response to a request from the Taiwanese Government and after 
determining that the plants could be imported, under certain 
conditions, without resulting in the introduction into, or the 
dissemination within, the United States of a plant pest or noxious 
weed.

DATES: We will consider all comments that we receive on or before 
December 27, 2016.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0005.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2016-0005, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2016-
0005 or in our reading room, which is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Ms. Lydia E. Col[oacute]n, Regulatory 
Policy Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River 
Road, Unit 133, Riverdale, MD 20737; (301) 851-2302.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR part 319 prohibit or restrict the 
importation into the United States of certain plants and plant products 
to prevent the introduction of plant pests and noxious weeds. The 
regulations in ``Subpart--Plants for Planting,'' Sec. Sec.  319.37 
through 319.37-14 (referred to below as the regulations) contain, among 
other things, prohibitions and restrictions on the importation of 
plants, plant parts, and seeds for propagation.
    Paragraph (a) of Sec.  319.37-8 of the regulations requires, with 
certain exceptions, that plants offered for importation into the United 
States be free of sand, soil, earth, and other growing media. This 
requirement is intended to help prevent the introduction of plant pests 
that might be present in the growing media; the exceptions to the 
requirement take into account factors that mitigate that plant pest 
risk. Those exceptions, which are found in paragraphs (b) through (e) 
of Sec.  319.37-8, consider either the origin of the plants and growing 
media (paragraph (b)), the nature of the growing media (paragraphs (c) 
and (d)), or the use of a combination of growing conditions, approved 
media, inspections, and other requirements (paragraph (e)).
    Paragraph (e) of Sec.  319.37-8 provides conditions under which 
certain plants established in growing media may be imported into the 
United States. In addition to specifying the types of plants that may 
be imported Sec.  319.37-8(e) also:
     Specifies the types of growing media that may be used;
     Requires plants to be grown in accordance with written 
agreements between the Animal and Plant Health Inspection Service 
(APHIS) and the national plant protection organization (NPPO) of the 
country where the plants are grown and between the foreign NPPO and the 
grower;
     Requires the plants to be rooted and grown for a specified 
period in a greenhouse that meets certain requirements for pest 
exclusion and that is used only for plants being grown in compliance 
with Sec.  319.37-8(e);
     Requires that the parent plants of the exported plants in 
growing media are produced from seed germinated in the production 
greenhouse or from mother plants that are grown and monitored for a 
specified period prior to export of the descendant plants;
     Specifies the sources of water that may be used on the 
plants, the height of the benches on which the plants must be grown, 
and the conditions under which the plants must be stored and packaged; 
and
     Requires that the plants be inspected in the greenhouse 
and found free of evidence of plant pests no more than 30 days prior to 
the exportation of the plants.
    A phytosanitary certificate issued by the NPPO of the country in 
which the plants were grown that declares that the above conditions 
have been met must accompany the plants at the time of importation. 
These conditions have been used to successfully mitigate the risk of 
pest introduction associated with the importation into the United 
States of approved plants established in growing media.
    Currently, orchid plants of genus Dendrobium spp. may only be 
imported into the United States from Taiwan as bare root plants, in 
accordance with Sec.  319.37-2. The NPPO of Taiwan has requested that 
importation into the United States of those plants in growing media be 
allowed under the provisions of Sec.  319.37-8.
    The regulations in Sec.  319.37-8(g) provide that requests such as 
the one made by the Government of Taiwan be evaluated by APHIS using a 
pest risk assessment (PRA) that uses specific pest risk evaluation 
standards that are based on pest risk analysis guidelines established 
by the International Plant Protection Convention of the United Nations' 
Food and Agriculture Organization. Such analyses are conducted to 
determine the plant pest risks associated with each requested plant 
article and to determine whether or not APHIS should propose to allow

[[Page 74721]]

the requested plant article established in growing media to be imported 
into the United States. In accordance with Sec.  319.37-8(g), APHIS has 
conducted the required PRA, which can be viewed on the Internet on the 
Regulations.gov Web site or in our reading room.\1\
---------------------------------------------------------------------------

    \1\ Instructions on accessing Regulations.gov and information on 
the location and hours of the reading room may be found at the 
beginning of this document under ADDRESSES. You may also request 
paper copies of the risk analysis by calling or writing the person 
listed under FOR FURTHER INFORMATION CONTACT.
---------------------------------------------------------------------------

    In the PRA, titled ``Importation of Dendrobium spp. plants in 
Approved Growing Media From Taiwan into the United States,'' APHIS 
determined that three quarantine pests present in Taiwan could 
potentially follow the import pathway:
     Helionothrips errans (Williams), a thrips.
     Scirtothrips dorsalis Hood, the chili thrips.
     Spodoptera litura (Fabricius), the Oriental leafworm moth.
    A quarantine pest is defined in Sec.  319.37-1 of the regulations 
as a plant pest of potential economic importance to the United States 
and not yet present in the United States, or present but not widely 
distributed and being officially controlled. Potential plant pest risks 
associated with the importation of Dendrobium spp. from Taiwan in 
growing media into the United States were derived by estimating the 
consequences and likelihood of introduction of each quarantine pest 
into the United States and ranking the risk potential as high, medium, 
or low. The PRA determined that one of these three pests--S. dorsalis--
poses a high pest risk potential. The remaining pests--H. errans and S. 
litura--were rated as having a medium pest risk potential. Further, it 
is important to note that those plant pest risks were analyzed in the 
absence of the mitigative effects of the requirements in Sec.  319.37-
8(e), which are designed to establish and maintain a pest-free 
production environment and ensure the use of pest-free seeds or parent 
plants. The risk management document (RMD) concluded that the 
safeguards in Sec.  319.37-8(e) would allow the safe importation of 
Dendrobium spp. from Taiwan provided that the plants are established in 
an approved growing medium and meet all other applicable conditions of 
Sec.  319.37-8(e). This determination is based on the findings of the 
PRA, RMD, and the Secretary's judgment that the application of the 
measures required under Sec.  319.37-8(e) will prevent the introduction 
or dissemination of plant pests into the United States.
    Accordingly, we are proposing to amend the regulations in Sec.  
319.37-8(e) by adding Dendrobium spp. from Taiwan to the list of plants 
established in an approved growing medium that may be imported into the 
United States. The plants would have to be produced, handled, and 
imported in accordance with the requirements of Sec.  319.37-8(e) and 
be accompanied at the time of importation by a phytosanitary 
certificate issued by the NPPO of Taiwan that declares that those 
requirements have been met.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov).
    The proposed rule would enable Taiwanese exporters to provide 
higher-valued, mature Dendrobium spp. plants directly to wholesalers 
and retailers. However, such a scenario is considered unlikely, given 
the technical challenges and marketing costs incurred when shipping 
finished plants in pots. A more likely scenario is for Taiwan to 
continue to export immature Dendrobium spp. plants as bare root plants 
or in approved growing media to U.S. nurseries to grow and sell as 
finished plants.
    Taiwan is the world's largest orchid exporter, with international 
sales in 2013 totaling $166.3 million. That year, Dendrobium spp. 
orchids comprised less than 0.1 percent (that is, less than $166,000) 
of the value of Taiwan's orchid exports worldwide.
    The United States imported more than 6,400 metric tons of live 
orchids valued at $79.4 million in 2015. Orchid imports from Taiwan 
comprised almost 77 percent of this value, at $61.4 million. In 
comparison, the value of orchid plants produced in the United States in 
2014 was $300 million, with Dendrobium spp. production totaling $12.3 
million. Given Dendrobium spp. making up such a small share of Taiwan's 
orchid sales worldwide, this proposed rule is not expected to have a 
significant impact on the U.S. orchid industry.
    U.S. Dendrobium spp. producers numbered 216 in 2014, but the number 
of these establishments that are small entities is not known. Given 
Dendrobium spp. making up such an insignificant share of Taiwan's 
exports worldwide and the fact that Phalaenopsis and Oncidium spp. 
orchids are already being imported from Taiwan in approved growing 
media, we expect the proposed rule would not significantly change the 
volume or value of orchids imported into the continental United States 
from Taiwan.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

National Environmental Policy Act

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

[[Page 74722]]

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. APHIS-
2016-0005. Please send a copy of your comments to: (1) Please send a 
copy of your comments to: (1) APHIS, using one of the methods described 
under ADDRESSES at the beginning of this document, and (2) Clearance 
Officer, OCIO, USDA, Room 404-W, 14th Street and Independence Avenue 
SW., Washington, DC 20250.
    APHIS is proposing to amend the regulations governing the 
importation of plants and plant products to add orchid plants of the 
genus Dendrobium from Taiwan to the list of plants that may be imported 
into the United States in an approved growing medium, subject to 
specified growing requirements. Respondents will complete activities 
such as phytosanitary certificates, written agreements, and 
inspections.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 1.166 hours per response.
    Respondents: Foreign government and businesses.
    Estimated annual number of respondents: 16.
    Estimated annual number of responses per respondent: 17.
    Estimated annual number of responses: 271.
    Estimated total annual burden on respondents: 316 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    A copy of the information collection may be viewed on the 
Regulations.gov Web site or in our reading room. (A link to 
Regulations.gov and information on the location and hours of the 
reading room are provided under the heading ADDRESSES at the beginning 
of this proposed rule.) Copies can also be obtained from Ms. Kimberly 
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727. 
APHIS will respond to any ICR-related comments in the final rule. All 
comments will also become a matter of public record.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the EGovernment Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact Ms. Kimberly 
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727.

List of Subjects in 7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

    Accordingly, we propose to amend 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

    Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 
and 136a; 7 CFR 2.22, 2.80, and 371.3.


Sec.  319.37-8  [Amended]

0
2. In Sec.  319.37-8(e) introductory text, amend the list of plants by 
adding, in alphabetical order, an entry for ``Dendrobium spp. from 
Taiwan''.

    Done in Washington, DC, this 24th day of October 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-26031 Filed 10-26-16; 8:45 am]
BILLING CODE 3410-34-P



                                                  74720

                                                  Proposed Rules                                                                                                Federal Register
                                                                                                                                                                Vol. 81, No. 208

                                                                                                                                                                Thursday, October 27, 2016



                                                  This section of the FEDERAL REGISTER                    and Independence Avenue SW.,                          (NPPO) of the country where the plants
                                                  contains notices to the public of the proposed          Washington, DC. Normal reading room                   are grown and between the foreign
                                                  issuance of rules and regulations. The                  hours are 8 a.m. to 4:30 p.m., Monday                 NPPO and the grower;
                                                  purpose of these notices is to give interested          through Friday, except holidays. To be                   • Requires the plants to be rooted and
                                                  persons an opportunity to participate in the            sure someone is there to help you,                    grown for a specified period in a
                                                  rule making prior to the adoption of the final
                                                  rules.
                                                                                                          please call (202) 799–7039 before                     greenhouse that meets certain
                                                                                                          coming.                                               requirements for pest exclusion and that
                                                                                                          FOR FURTHER INFORMATION CONTACT: Ms.                  is used only for plants being grown in
                                                  DEPARTMENT OF AGRICULTURE                               Lydia E. Colón, Regulatory Policy                    compliance with § 319.37–8(e);
                                                                                                          Specialist, Plants for Planting Policy,                  • Requires that the parent plants of
                                                  Animal and Plant Health Inspection                      PPQ, APHIS, 4700 River Road, Unit 133,                the exported plants in growing media
                                                  Service                                                 Riverdale, MD 20737; (301) 851–2302.                  are produced from seed germinated in
                                                                                                                                                                the production greenhouse or from
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  7 CFR Part 319                                                                                                mother plants that are grown and
                                                                                                          Background                                            monitored for a specified period prior to
                                                  [Docket No. APHIS–2016–0005]
                                                                                                             The regulations in 7 CFR part 319                  export of the descendant plants;
                                                  RIN 0579–AE28
                                                                                                          prohibit or restrict the importation into                • Specifies the sources of water that
                                                                                                          the United States of certain plants and               may be used on the plants, the height of
                                                  Importation of Orchids in Growing                                                                             the benches on which the plants must
                                                  Media From Taiwan                                       plant products to prevent the
                                                                                                          introduction of plant pests and noxious               be grown, and the conditions under
                                                  AGENCY:  Animal and Plant Health                        weeds. The regulations in ‘‘Subpart—                  which the plants must be stored and
                                                  Inspection Service, USDA.                               Plants for Planting,’’ §§ 319.37 through              packaged; and
                                                  ACTION: Proposed rule.                                  319.37–14 (referred to below as the                      • Requires that the plants be
                                                                                                          regulations) contain, among other                     inspected in the greenhouse and found
                                                  SUMMARY:   We are proposing to amend                    things, prohibitions and restrictions on              free of evidence of plant pests no more
                                                  the regulations governing the                           the importation of plants, plant parts,               than 30 days prior to the exportation of
                                                  importation of plants for planting to add               and seeds for propagation.                            the plants.
                                                  orchid plants of the genus Dendrobium                      Paragraph (a) of § 319.37–8 of the                    A phytosanitary certificate issued by
                                                  from Taiwan to the list of plants that                  regulations requires, with certain                    the NPPO of the country in which the
                                                  may be imported into the United States                  exceptions, that plants offered for                   plants were grown that declares that the
                                                  in an approved growing medium,                          importation into the United States be                 above conditions have been met must
                                                  subject to specified growing, inspection,               free of sand, soil, earth, and other                  accompany the plants at the time of
                                                  and certification requirements. We are                  growing media. This requirement is                    importation. These conditions have
                                                  taking this action in response to a                     intended to help prevent the                          been used to successfully mitigate the
                                                  request from the Taiwanese Government                   introduction of plant pests that might be             risk of pest introduction associated with
                                                  and after determining that the plants                   present in the growing media; the                     the importation into the United States of
                                                  could be imported, under certain                        exceptions to the requirement take into               approved plants established in growing
                                                  conditions, without resulting in the                    account factors that mitigate that plant              media.
                                                  introduction into, or the dissemination                 pest risk. Those exceptions, which are                   Currently, orchid plants of genus
                                                  within, the United States of a plant pest               found in paragraphs (b) through (e) of                Dendrobium spp. may only be imported
                                                  or noxious weed.                                        § 319.37–8, consider either the origin of             into the United States from Taiwan as
                                                  DATES: We will consider all comments                    the plants and growing media                          bare root plants, in accordance with
                                                  that we receive on or before December                   (paragraph (b)), the nature of the                    § 319.37–2. The NPPO of Taiwan has
                                                  27, 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/#!docket                     (paragraph (e)).                                         The regulations in § 319.37–8(g)
                                                  Detail;D=APHIS-2016-0005.                                  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 Government of Taiwan be
                                                  Send your comment to Docket No.                         established in growing media may be                   evaluated by APHIS using a pest risk
                                                  APHIS–2016–0005, Regulatory Analysis                    imported into the United States. In                   assessment (PRA) that uses specific pest
                                                  and Development, PPD, APHIS, Station                    addition to specifying the types of                   risk evaluation standards that are based
                                                  3A–03.8, 4700 River Road, Unit 118,                     plants that may be imported § 319.37–                 on pest risk analysis guidelines
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Riverdale, MD 20737–1238.                               8(e) also:                                            established by the International Plant
                                                    Supporting documents and any                             • Specifies the types of growing                   Protection Convention of the United
                                                  comments we receive on this docket                      media that may be used;                               Nations’ Food and Agriculture
                                                  may be viewed at http://www.                               • Requires plants to be grown in                   Organization. Such analyses are
                                                  regulations.gov/#!docketDetail;D=                       accordance with written agreements                    conducted to determine the plant pest
                                                  APHIS-2016-0005 or in our reading                       between the Animal and Plant Health                   risks associated with each requested
                                                  room, which is located in room 1141 of                  Inspection Service (APHIS) and the                    plant article and to determine whether
                                                  the USDA South Building, 14th Street                    national plant protection organization                or not APHIS should propose to allow


                                             VerDate Sep<11>2014   17:35 Oct 26, 2016   Jkt 241001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\27OCP1.SGM   27OCP1


                                                                        Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Proposed Rules                                        74721

                                                  the requested plant article established in              dissemination of plant pests into the                 significant impact on the U.S. orchid
                                                  growing media to be imported into the                   United States.                                        industry.
                                                  United States. In accordance with                         Accordingly, we are proposing to                       U.S. Dendrobium spp. producers
                                                  § 319.37–8(g), APHIS has conducted the                  amend the regulations in § 319.37–8(e)                numbered 216 in 2014, but the number
                                                  required PRA, which can be viewed on                    by adding Dendrobium spp. from                        of these establishments that are small
                                                  the Internet on the Regulations.gov Web                 Taiwan to the list of plants established              entities is not known. Given
                                                  site or in our reading room.1                           in an approved growing medium that                    Dendrobium spp. making up such an
                                                     In the PRA, titled ‘‘Importation of                  may be imported into the United States.               insignificant share of Taiwan’s exports
                                                  Dendrobium spp. plants in Approved                      The plants would have to be produced,                 worldwide and the fact that
                                                  Growing Media From Taiwan into the                      handled, and imported in accordance                   Phalaenopsis and Oncidium spp.
                                                  United States,’’ APHIS determined that                  with the requirements of § 319.37–8(e)                orchids are already being imported from
                                                  three quarantine pests present in                       and be accompanied at the time of                     Taiwan in approved growing media, we
                                                  Taiwan could potentially follow the                     importation by a phytosanitary
                                                                                                                                                                expect the proposed rule would not
                                                  import pathway:                                         certificate issued by the NPPO of
                                                                                                                                                                significantly change the volume or value
                                                     • Helionothrips errans (Williams), a                 Taiwan that declares that those
                                                                                                                                                                of orchids imported into the continental
                                                  thrips.                                                 requirements have been met.
                                                                                                                                                                United States from Taiwan.
                                                     • Scirtothrips dorsalis Hood, the chili              Executive Order 12866 and Regulatory
                                                  thrips.                                                                                                          Under these circumstances, the
                                                                                                          Flexibility Act                                       Administrator of the Animal and Plant
                                                     • Spodoptera litura (Fabricius), the
                                                  Oriental leafworm moth.                                    This proposed rule has been                        Health Inspection Service has
                                                     A quarantine pest is defined in                      determined to be not significant for the              determined that this action would not
                                                  § 319.37–1 of the regulations as a plant                purposes of Executive Order 12866 and,                have a significant economic impact on
                                                  pest of potential economic importance                   therefore, has not been reviewed by the               a substantial number of small entities.
                                                  to the United States and not yet present                Office of Management and Budget.
                                                                                                                                                                Executive Order 12988
                                                  in the United States, or present but not                   In accordance with the Regulatory
                                                  widely distributed and being officially                 Flexibility Act, we have analyzed the                    This proposed rule has been reviewed
                                                  controlled. Potential plant pest risks                  potential economic effects of this action             under Executive Order 12988, Civil
                                                  associated with the importation of                      on small entities. The analysis is                    Justice Reform. If this proposed rule is
                                                  Dendrobium spp. from Taiwan in                          summarized below. Copies of the full                  adopted: (1) All State and local laws and
                                                  growing media into the United States                    analysis are available by contacting the              regulations that are inconsistent with
                                                  were derived by estimating the                          person listed under FOR FURTHER                       this rule will be preempted; (2) no
                                                  consequences and likelihood of                          INFORMATION CONTACT or on the                         retroactive effect will be given to this
                                                  introduction of each quarantine pest                    Regulations.gov Web site (see                         rule; and (3) administrative proceedings
                                                  into the United States and ranking the                  ADDRESSES above for instructions for                  will not be required before parties may
                                                  risk potential as high, medium, or low.                 accessing Regulations.gov).                           file suit in court challenging this rule.
                                                  The PRA determined that one of these                       The proposed rule would enable
                                                  three pests—S. dorsalis—poses a high                    Taiwanese exporters to provide higher-                National Environmental Policy Act
                                                  pest risk potential. The remaining                      valued, mature Dendrobium spp. plants
                                                                                                                                                                   To provide the public with
                                                  pests—H. errans and S. litura—were                      directly to wholesalers and retailers.
                                                                                                                                                                documentation of APHIS’ review and
                                                  rated as having a medium pest risk                      However, such a scenario is considered
                                                                                                                                                                analysis of any potential environmental
                                                  potential. Further, it is important to note             unlikely, given the technical challenges
                                                                                                                                                                impacts associated with the proposed
                                                  that those plant pest risks were analyzed               and marketing costs incurred when
                                                                                                                                                                importation of Dendrobium spp. from
                                                  in the absence of the mitigative effects                shipping finished plants in pots. A more
                                                                                                                                                                Taiwan, we have prepared an
                                                  of the requirements in § 319.37–8(e),                   likely scenario is for Taiwan to continue
                                                                                                          to export immature Dendrobium spp.                    environmental assessment. The
                                                  which are designed to establish and                                                                           environmental assessment was prepared
                                                  maintain a pest-free production                         plants as bare root plants or in approved
                                                                                                          growing media to U.S. nurseries to grow               in accordance with: (1) The National
                                                  environment and ensure the use of pest-                                                                       Environmental Policy Act of 1969
                                                  free seeds or parent plants. The risk                   and sell as finished plants.
                                                                                                                                                                (NEPA), as amended (42 U.S.C. 4321 et
                                                  management document (RMD)                                  Taiwan is the world’s largest orchid
                                                                                                          exporter, with international sales in                 seq.), (2) regulations of the Council on
                                                  concluded that the safeguards in                                                                              Environmental Quality for
                                                  § 319.37–8(e) would allow the safe                      2013 totaling $166.3 million. That year,
                                                                                                          Dendrobium spp. orchids comprised                     implementing the procedural provisions
                                                  importation of Dendrobium spp. from                                                                           of NEPA (40 CFR parts 1500–1508), (3)
                                                  Taiwan provided that the plants are                     less than 0.1 percent (that is, less than
                                                                                                          $166,000) of the value of Taiwan’s                    USDA regulations implementing NEPA
                                                  established in an approved growing
                                                                                                          orchid exports worldwide.                             (7 CFR part 1b), and (4) APHIS’ NEPA
                                                  medium and meet all other applicable
                                                                                                             The United States imported more than               Implementing Procedures (7 CFR part
                                                  conditions of § 319.37–8(e). This
                                                                                                          6,400 metric tons of live orchids valued              372).
                                                  determination is based on the findings
                                                  of the PRA, RMD, and the Secretary’s                    at $79.4 million in 2015. Orchid imports                 The environmental assessment may
                                                  judgment that the application of the                    from Taiwan comprised almost 77                       be viewed on the Regulations.gov Web
                                                  measures required under § 319.37–8(e)                   percent of this value, at $61.4 million.              site or in our reading room. (A link to
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                                                  will prevent the introduction or                        In comparison, the value of orchid                    Regulations.gov and information on the
                                                                                                          plants produced in the United States in               location and hours of the reading room
                                                    1 Instructions on accessing Regulations.gov and       2014 was $300 million, with                           are provided under the heading
                                                  information on the location and hours of the            Dendrobium spp. production totaling                   ADDRESSES at the beginning of this
                                                  reading room may be found at the beginning of this      $12.3 million. Given Dendrobium spp.                  proposed rule.) In addition, copies may
                                                  document under ADDRESSES. You may also request
                                                  paper copies of the risk analysis by calling or
                                                                                                          making up such a small share of                       be obtained by calling or writing to the
                                                  writing the person listed under FOR FURTHER             Taiwan’s orchid sales worldwide, this                 individual listed under FOR FURTHER
                                                  INFORMATION CONTACT.                                    proposed rule is not expected to have a               INFORMATION CONTACT.



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                                                  74722                 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Proposed Rules

                                                  Paperwork Reduction Act                                   Estimated annual number of                             Done in Washington, DC, this 24th day of
                                                                                                          responses per respondent: 17.                          October 2016.
                                                     In accordance with section 3507(d) of
                                                                                                                                                                 Kevin Shea,
                                                  the Paperwork Reduction Act of 1995                       Estimated annual number of
                                                  (44 U.S.C. 3501 et seq.), the information               responses: 271.                                        Administrator, Animal and Plant Health
                                                                                                                                                                 Inspection Service.
                                                  collection or recordkeeping                               Estimated total annual burden on                     [FR Doc. 2016–26031 Filed 10–26–16; 8:45 am]
                                                  requirements included in this proposed                  respondents: 316 hours. (Due to
                                                  rule have been submitted for approval to                                                                       BILLING CODE 3410–34–P
                                                                                                          averaging, the total annual burden hours
                                                  the Office of Management and Budget                     may not equal the product of the annual
                                                  (OMB). Please send written comments                     number of responses multiplied by the
                                                  to the Office of Information and                                                                               DEPARTMENT OF AGRICULTURE
                                                                                                          reporting burden per response.)
                                                  Regulatory Affairs, OMB, Attention:                                                                            Animal and Plant Health Inspection
                                                  Desk Officer for APHIS, Washington, DC                    A copy of the information collection
                                                                                                          may be viewed on the Regulations.gov                   Service
                                                  20503. Please state that your comments
                                                  refer to Docket No. APHIS–2016–0005.                    Web site or in our reading room. (A link
                                                                                                          to Regulations.gov and information on                  7 CFR Part 319
                                                  Please send a copy of your comments to:
                                                  (1) Please send a copy of your comments                 the location and hours of the reading                  [Docket No. APHIS–2016–0022]
                                                  to: (1) APHIS, using one of the methods                 room are provided under the heading                    RIN 0579–AE29
                                                  described under ADDRESSES at the                        ADDRESSES at the beginning of this
                                                  beginning of this document, and (2)                     proposed rule.) Copies can also be                     Importation of Hass Avocados From
                                                  Clearance Officer, OCIO, USDA, Room                     obtained from Ms. Kimberly Hardy,                      Colombia
                                                  404–W, 14th Street and Independence                     APHIS’ Information Collection
                                                  Avenue SW., Washington, DC 20250.                       Coordinator, at (301) 851–2727. APHIS                  AGENCY:  Animal and Plant Health
                                                     APHIS is proposing to amend the                      will respond to any ICR-related                        Inspection Service, USDA.
                                                  regulations governing the importation of                comments in the final rule. All                        ACTION: Proposed rule.
                                                  plants and plant products to add orchid                 comments will also become a matter of
                                                                                                          public record.                                         SUMMARY:    We are proposing to amend
                                                  plants of the genus Dendrobium from
                                                                                                                                                                 the fruits and vegetables regulations to
                                                  Taiwan to the list of plants that may be
                                                                                                          E-Government Act Compliance                            allow the importation of Hass avocados
                                                  imported into the United States in an
                                                                                                                                                                 from Colombia into the continental
                                                  approved growing medium, subject to                        The Animal and Plant Health                         United States. As a condition of entry,
                                                  specified growing requirements.                         Inspection Service is committed to                     Hass avocados from Colombia would
                                                  Respondents will complete activities                    compliance with the EGovernment Act                    have to be produced in accordance with
                                                  such as phytosanitary certificates,                     to promote the use of the Internet and                 a systems approach that would include
                                                  written agreements, and inspections.                    other information technologies, to                     requirements for importation in
                                                     We are soliciting comments from the                  provide increased opportunities for                    commercial consignments; registration
                                                  public (as well as affected agencies)                   citizen access to Government                           and monitoring of places of production
                                                  concerning our proposed information                     information and services, and for other                and packinghouses; pest-free places of
                                                  collection and recordkeeping                            purposes. For information pertinent to                 production; grove sanitation,
                                                  requirements. These comments will                       E-Government Act compliance related                    monitoring, and pest control practices;
                                                  help us:                                                to this proposed rule, please contact Ms.
                                                     (1) Evaluate whether the proposed                                                                           lot identification; and inspection for
                                                                                                          Kimberly Hardy, APHIS’ Information                     quarantine pests by the Colombian
                                                  information collection is necessary for                 Collection Coordinator, at (301) 851–
                                                  the proper performance of our agency’s                                                                         national plant protection organization.
                                                                                                          2727.                                                  Additionally, avocados from Colombia
                                                  functions, including whether the
                                                  information will have practical utility;                List of Subjects in 7 CFR Part 319                     would be required to be accompanied
                                                     (2) Evaluate the accuracy of our                                                                            by a phytosanitary certificate with an
                                                  estimate of the burden of the proposed                    Coffee, Cotton, Fruits, Imports, Logs,               additional declaration stating that the
                                                  information collection, including the                   Nursery stock, Plant diseases and pests,               avocados have been produced in
                                                  validity of the methodology and                         Quarantine, Reporting and                              accordance with the proposed
                                                  assumptions used;                                       recordkeeping requirements, Rice,                      requirements. This action would allow
                                                     (3) Enhance the quality, utility, and                Vegetables.                                            for the importation of Hass avocados
                                                  clarity of the information to be                                                                               from Colombia into the continental
                                                                                                            Accordingly, we propose to amend 7                   United States while continuing to
                                                  collected; and                                          CFR part 319 as follows:
                                                     (4) Minimize the burden of the                                                                              provide protection against the
                                                  information collection on those who are                                                                        introduction of plant pests.
                                                                                                          PART 319—FOREIGN QUARANTINE
                                                  to respond (such as through the use of                                                                         DATES: We will consider all comments
                                                                                                          NOTICES
                                                  appropriate automated, electronic,                                                                             that we receive on or before December
                                                  mechanical, or other technological                                                                             27, 2016.
                                                                                                          ■ 1. The authority citation for part 319
                                                  collection techniques or other forms of                                                                        ADDRESSES: You may submit comments
                                                                                                          continues to read as follows:
                                                  information technology; e.g., permitting                                                                       by either of the following methods:
                                                  electronic submission of responses).                      Authority: 7 U.S.C. 450, 7701–7772, and                 • Federal eRulemaking Portal: Go to
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                                                     Estimate of burden: Public reporting                 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR               http://www.regulations.gov/
                                                  burden for this collection of information               2.22, 2.80, and 371.3.                                 #!docketDetail;D=APHIS-2016-0022.
                                                  is estimated to average 1.166 hours per                                                                           • Postal Mail/Commercial Delivery:
                                                                                                          § 319.37–8        [Amended]
                                                  response.                                                                                                      Send your comments to Docket No.
                                                     Respondents: Foreign government and                  ■  2. In § 319.37–8(e) introductory text,              APHIS–2016–0022, Regulatory Analysis
                                                  businesses.                                             amend the list of plants by adding, in                 and Development, PPD, APHIS, Station
                                                     Estimated annual number of                           alphabetical order, an entry for                       3A–03.8, 4700 River Road, Unit 118,
                                                  respondents: 16.                                        ‘‘Dendrobium spp. from Taiwan’’.                       Riverdale, MD 20737–1238.


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Document Created: 2016-10-27 01:53:04
Document Modified: 2016-10-27 01:53:04
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 December 27, 2016.
ContactMs. Lydia E. Col[oacute]n, Regulatory Policy Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737; (301) 851-2302.
FR Citation81 FR 74720 
RIN Number0579-AE28
CFR AssociatedCoffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables

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