82_FR_28132 82 FR 28015 - Importation of Campanula Spp. Plants for Planting in Approved Growing Media From Denmark to the United States

82 FR 28015 - Importation of Campanula Spp. Plants for Planting in Approved Growing Media From Denmark to the United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 82, Issue 117 (June 20, 2017)

Page Range28015-28017
FR Document2017-12801

We are proposing to amend the regulations governing the importation of plants for planting to authorize the importation of Campanula spp. plants for planting from Denmark in approved growing media into the United States, subject to a systems approach. The systems approach would consist of measures that are currently specified in the regulations as generally applicable to all plants for planting authorized importation into the United States in approved growing media. This proposed rule would allow for the importation of Campanula spp. plants for planting from Denmark in approved growing media, while providing protection against the introduction of plant pests.

Federal Register, Volume 82 Issue 117 (Tuesday, June 20, 2017)
[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Proposed Rules]
[Pages 28015-28017]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12801]


========================================================================
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. 82, No. 117 / Tuesday, June 20, 2017 / 
Proposed Rules

[[Page 28015]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2016-0051]
RIN 0579-AE31


Importation of Campanula Spp. Plants for Planting in Approved 
Growing Media From Denmark to the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the regulations governing the 
importation of plants for planting to authorize the importation of 
Campanula spp. plants for planting from Denmark in approved growing 
media into the United States, subject to a systems approach. The 
systems approach would consist of measures that are currently specified 
in the regulations as generally applicable to all plants for planting 
authorized importation into the United States in approved growing 
media. This proposed rule would allow for the importation of Campanula 
spp. plants for planting from Denmark in approved growing media, while 
providing protection against the introduction of plant pests.

DATES: We will consider all comments that we receive on or before 
August 21, 2017.

ADDRESSES: You may submit comments by either of the following methods:
 Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0051.
 Postal Mail/Commercial Delivery: Send your comment to Docket 
No. APHIS-2016-0051, 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-
0051 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: Dr. Narasimha Samboju, Senior 
Regulatory Policy Specialist, Plants for Planting Policy, PPQ, APHIS, 
4700 River Road, Unit 133, Riverdale, MD 20737-1236; (301) 851-2038.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR part 319 prohibit or restrict the 
importation of certain plants and plant products into the United States 
to prevent the introduction of quarantine plant pests. The regulations 
contained in ``Subpart--Plants for Planting,'' Sec. Sec.  319.37 
through 319.37-14 (referred to below as the regulations), prohibit or 
restrict, among other things, the importation of living plants, plant 
parts, and seeds for propagation or planting.
    The regulations differentiate between prohibited articles and 
restricted articles. Prohibited articles are plants for planting whose 
importation into the United States is not authorized due to the risk 
the articles present of introducing or disseminating plant pests. 
Restricted articles are articles that may be imported into the United 
States, provided that the articles are subject to measures to address 
the associated risks.
    Conditions for the importation into the United States of restricted 
articles in growing media are found in Sec.  319.37-8. In Sec.  319.37-
8, the introductory text in 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) 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 (xiii) contain 
additional, taxon-specific provisions.
    Currently, Campanula spp. plants for planting from Denmark are not 
authorized for importation into the United States in approved growing 
media. However, the Animal and Plant Health Inspection Service (APHIS) 
has received a request from the national plant protection organization 
(NPPO) of Denmark to authorize the importation of Campanula spp. plants 
for planting in approved growing media into the United States.
    In evaluating Denmark's request, we conducted a pest risk 
assessment (PRA) and prepared a risk management document (RMD). Copies 
of the PRA and the RMD may be obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT or viewed on the Regulations.gov Web site 
(see ADDRESSES above for instructions for accessing Regulations.gov).
    The PRA, titled ``Importation of Campanula spp. in Approved Growing 
Media from Denmark into the United States,'' analyzed the potential 
pest risk associated with the importation of Campanula spp. plants for 
planting in approved growing media into the United States from Denmark.
    The PRA identified 10 quarantine pests that could be introduced 
into the United States through the importation of Campanula spp. plants 
for planting from Denmark in approved growing media:

Leaf Miners

 Liriomyza buhri,
 Liriomyza strigata, and
 Phytomyza campanulae

Whitefly

 Aleyrodes lonicerae

Aphids

 Aphis psammophila,
 Uroleucon campanulae,
 Uroleucon nigrocampanulae, and
 Uroleucon rapunculoidis

Thrips

 Thrips major

Snail

 Arianta arbustorum
    The PRA determined that these 10 pests pose a medium risk of 
following the pathway of Campanula spp. plants for planting in approved 
growing media from Denmark into the United States

[[Page 28016]]

and having negative effects on U.S. agriculture.
    Based on these risk ratings, the RMD, titled ``Importation of 
Campanula spp. in Approved Growing Media from Denmark into the United 
States,'' identifies the phytosanitary measures necessary to ensure the 
safe importation into the United States of Campanula spp. plants for 
planting in approved growing media from Denmark. The RMD finds that the 
mitigations that are currently specified in paragraphs (e)(2)(i) 
through (e)(2)(viii) of Sec.  319.37-8 and that are generally 
applicable to the importation of all restricted articles authorized 
importation into the United States in approved growing media will 
mitigate the risk associated with the importation of Campanula spp. 
plants for planting in approved growing media from Denmark into the 
United States.
    Accordingly, we propose to amend the introductory text of paragraph 
(e) of Sec.  319.37-8 to add Campanula spp. plants for planting from 
Denmark to the list of taxa authorized importation into the United 
States in approved growing media.
Executive Orders 12866 and 13771 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. Further, because this 
proposed rule is not significant, it does not trigger the requirements 
of Executive Order 13771
    In accordance with 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this proposed rule on small entities. Copies of 
the full analysis are available by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT or on the Regulations.gov Web site (see 
ADDRESSES above for instructions for accessing Regulations.gov).
    Based on the information we have, there is no reason to conclude 
that adoption of this proposed rule would result in any significant 
economic effect on a substantial number of small entities. However, we 
do not currently have all of the data necessary for a comprehensive 
analysis of the effects of this proposed rule on small entities. 
Therefore, we are inviting comments on potential effects. In 
particular, we are interested in determining the number and kind of 
small entities that may incur benefits or costs from the implementation 
of this proposed rule.
    In 2014, U.S. production of potted Campanula spp. plants was valued 
at $683,000. The Small Business Administration (SBA) small-entity 
standard for entities involved in floriculture production is $750,000 
or less in annual receipts. It is probable that most domestic producers 
of potted Campanula are small entities by the SBA standard.
    We do not have specific trade or production data for Campanula spp. 
plants in Denmark, but one Danish industry group estimated that 
production in 2010 reached 20 million units. The NPPO of Denmark 
estimates that shipments of Campanula plants in growing media to the 
United States may total $1 million annually, that is, the volume could 
reach a level higher than domestic U.S. production.
    Although the rule could theoretically enable Denmark-based 
exporters to bypass U.S. growers altogether and provide finished plants 
directly to retailers, such a scenario is considered unlikely, given 
the additional shipping and marketing support costs associated with 
shipping finished plants in pots. It is more likely that the Danish 
growers would continue to export immature plants to U.S. growers who 
would then grow them out for sale as finished plants. Allowing the 
importation of Campanula spp. in growing media would positively affect 
the quality and health of any such imported plants relative to those 
imported without growing media, and might also result in related price 
adjustments for the retail market. It is unlikely that it would shorten 
the marketing chain by eliminating the role of intermediate handlers of 
plants. Instead, this action is likely to benefit both importers and 
domestic intermediate growers by increasing the production quality, 
while expanding the market size. It is possible that some domestic 
growers of unfinished Campanula would be competing directly with Danish 
suppliers, but at pre-saturation market levels, this is also unlikely 
to be a significant issue.
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 
importation of Campanula spp. plants in approved growing media from 
Denmark into the United States, we have prepared an environmental 
assessment. The environmental assessment was prepared in accordance 
with: (1) The National Environmental Policy Act of 1969 (NEPA), as 
amended (42 U.S.C. 4321 et seq.), (2) regulations of the Council on 
Environmental Quality for implementing the procedural provisions of 
NEPA (40 CFR parts 1500-1508), (3) USDA regulations implementing NEPA 
(7 CFR part 1b), and (4) APHIS' NEPA Implementing Procedures (7 CFR 
part 372).
    The environmental assessment may be viewed on the Regulations.gov 
Web site or in our reading room. (A link to Regulations.gov and 
information on the location and hours of the reading room are provided 
under the heading ADDRESSES at the beginning of this proposed rule.) In 
addition, copies may be obtained by calling or writing to the 
individual listed under FOR FURTHER INFORMATION CONTACT.
Paperwork Reduction Act
    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), reporting and recordkeeping 
requirements included in this proposed rule have been submitted for 
approval to the Office of Management and Budget (OMB). Please send 
comments on the Information Collection Request (ICR) to OMB's Office of 
Information and Regulatory Affairs via email to 
[email protected], Attention: Desk Officer for APHIS, 
Washington, DC 20503. Please state that your comments refer to Docket 
No. APHIS-2016-0051. Please send a copy of your comments to the USDA 
using one of the methods described under ADDRESSES at the beginning of 
this document.
    APHIS is proposing to amend the regulations governing the 
importation of plants for planting to authorize the importation of 
Campanula spp. plants for planting from Denmark in approved growing 
media into the United States, subject to a systems approach. The 
systems approach would consist of measures that are currently specified 
in the regulations as generally applicable to all plants for planting 
authorized importation into the United States in approved growing 
media. This proposed rule would allow for the importation of Campanula 
spp. plants for planting from Denmark in approved growing media, while 
providing protection against the introduction of plant pests.
    Implementing this information collection will require respondents 
to

[[Page 28017]]

complete a phytosanitary certificate, written compliance agreements, 
and inspections.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection 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 burden of the 
information collection, including the validity of the methodology and 
assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond, (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.83 hours per response.
    Respondents: Growers and the national plant protection organization 
of Denmark.
    Estimated number of respondents: 3.
    Estimated number of responses per respondent: 62.
    Estimated annual number of responses: 185.
    Estimated total annual burden on respondents: 155 hours (Due to 
rounding, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the average reporting 
burden per response).
    A copy of the information collection may be viewed on the 
Regulations.gov Web site or in our reading room. (A link to 
Regulations.gov and information on the location and hours of the 
reading room are provided under the heading ADDRESSES at the beginning 
of this proposed rule.) Copies can also be obtained from Ms. Kimberly 
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2483. 
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) 851-2483.

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, in the introductory text of paragraph (e), the 
list of plants is amended by adding, in alphabetical order, an entry 
for ``Campanula spp. from Denmark''.

    Done in Washington, DC, this 14th day of June 2017.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2017-12801 Filed 6-19-17; 8:45 am]
 BILLING CODE 3410-34-P



                                                                                                                                                                                                       28015

                                                      Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                     Vol. 82, No. 117

                                                                                                                                                                     Tuesday, June 20, 2017



                                                      This section of the FEDERAL REGISTER                    may be viewed at http://                               contain additional, taxon-specific
                                                      contains notices to the public of the proposed          www.regulations.gov/                                   provisions.
                                                      issuance of rules and regulations. The                  #!docketDetail;D=APHIS-2016-0051 or                       Currently, Campanula spp. plants for
                                                      purpose of these notices is to give interested          in our reading room, which is located in               planting from Denmark are not
                                                      persons an opportunity to participate in the            room 1141 of the USDA South Building,                  authorized for importation into the
                                                      rule making prior to the adoption of the final
                                                      rules.
                                                                                                              14th Street and Independence Avenue                    United States in approved growing
                                                                                                              SW., Washington, DC. Normal reading                    media. However, the Animal and Plant
                                                                                                              room hours are 8 a.m. to 4:30 p.m.,                    Health Inspection Service (APHIS) has
                                                      DEPARTMENT OF AGRICULTURE                               Monday through Friday, except                          received a request from the national
                                                                                                              holidays. To be sure someone is there to               plant protection organization (NPPO) of
                                                      Animal and Plant Health Inspection                      help you, please call (202) 799–7039                   Denmark to authorize the importation of
                                                      Service                                                 before coming.                                         Campanula spp. plants for planting in
                                                                                                              FOR FURTHER INFORMATION CONTACT: Dr.
                                                                                                                                                                     approved growing media into the
                                                      7 CFR Part 319                                          Narasimha Samboju, Senior Regulatory                   United States.
                                                                                                              Policy Specialist, Plants for Planting                    In evaluating Denmark’s request, we
                                                      [Docket No. APHIS–2016–0051]
                                                                                                              Policy, PPQ, APHIS, 4700 River Road,                   conducted a pest risk assessment (PRA)
                                                      RIN 0579–AE31
                                                                                                              Unit 133, Riverdale, MD 20737–1236;                    and prepared a risk management
                                                                                                              (301) 851–2038.                                        document (RMD). Copies of the PRA
                                                      Importation of Campanula Spp. Plants                                                                           and the RMD may be obtained from the
                                                      for Planting in Approved Growing                        SUPPLEMENTARY INFORMATION:                             person listed under FOR FURTHER
                                                      Media From Denmark to the United                                                                               INFORMATION CONTACT or viewed on the
                                                                                                              Background
                                                      States                                                                                                         Regulations.gov Web site (see
                                                                                                                The regulations in 7 CFR part 319                    ADDRESSES above for instructions for
                                                      AGENCY:  Animal and Plant Health
                                                                                                              prohibit or restrict the importation of                accessing Regulations.gov).
                                                      Inspection Service, USDA.
                                                                                                              certain plants and plant products into                    The PRA, titled ‘‘Importation of
                                                      ACTION: Proposed rule.
                                                                                                              the United States to prevent the                       Campanula spp. in Approved Growing
                                                      SUMMARY:   We are proposing to amend                    introduction of quarantine plant pests.                Media from Denmark into the United
                                                      the regulations governing the                           The regulations contained in ‘‘Subpart—                States,’’ analyzed the potential pest risk
                                                      importation of plants for planting to                   Plants for Planting,’’ §§ 319.37 through               associated with the importation of
                                                      authorize the importation of Campanula                  319.37–14 (referred to below as the                    Campanula spp. plants for planting in
                                                      spp. plants for planting from Denmark                   regulations), prohibit or restrict, among              approved growing media into the
                                                      in approved growing media into the                      other things, the importation of living                United States from Denmark.
                                                      United States, subject to a systems                     plants, plant parts, and seeds for                        The PRA identified 10 quarantine
                                                      approach. The systems approach would                    propagation or planting.                               pests that could be introduced into the
                                                      consist of measures that are currently                    The regulations differentiate between                United States through the importation of
                                                      specified in the regulations as generally               prohibited articles and restricted                     Campanula spp. plants for planting
                                                      applicable to all plants for planting                   articles. Prohibited articles are plants for           from Denmark in approved growing
                                                      authorized importation into the United                  planting whose importation into the                    media:
                                                      States in approved growing media. This                  United States is not authorized due to
                                                                                                                                                                     Leaf Miners
                                                      proposed rule would allow for the                       the risk the articles present of
                                                      importation of Campanula spp. plants                    introducing or disseminating plant                     • Liriomyza buhri,
                                                      for planting from Denmark in approved                   pests. Restricted articles are articles that           • Liriomyza strigata, and
                                                      growing media, while providing                          may be imported into the United States,                • Phytomyza campanulae
                                                      protection against the introduction of                  provided that the articles are subject to              Whitefly
                                                      plant pests.                                            measures to address the associated risks.
                                                                                                                                                                     • Aleyrodes lonicerae
                                                      DATES: We will consider all comments                      Conditions for the importation into
                                                      that we receive on or before August 21,                 the United States of restricted articles in            Aphids
                                                      2017.                                                   growing media are found in § 319.37–8.                 •   Aphis psammophila,
                                                      ADDRESSES: You may submit comments                      In § 319.37–8, the introductory text in                •   Uroleucon campanulae,
                                                      by either of the following methods:                     paragraph (e) lists taxa of restricted                 •   Uroleucon nigrocampanulae, and
                                                      • Federal eRulemaking Portal: Go to                     articles that may be imported into the                 •   Uroleucon rapunculoidis
                                                        http://www.regulations.gov/                           United States in approved growing
                                                                                                              media, subject to the provisions of a                  Thrips
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                        #!docketDetail;D=APHIS-2016-0051.
                                                      • Postal Mail/Commercial Delivery:                      systems approach. Paragraph (e)(1) lists               • Thrips major
                                                        Send your comment to Docket No.                       the approved growing media, while
                                                        APHIS–2016–0051, Regulatory                           paragraph (e)(2) contains the provisions               Snail
                                                        Analysis and Development, PPD,                        of the systems approach. Within                        • Arianta arbustorum
                                                        APHIS, Station 3A–03.8, 4700 River                    paragraph (e)(2), paragraphs (i) through                  The PRA determined that these 10
                                                        Road Unit 118, Riverdale, MD 20737–                   (viii) contain provisions that are                     pests pose a medium risk of following
                                                        1238.                                                 generally applicable to all the taxa listed            the pathway of Campanula spp. plants
                                                        Supporting documents and any                          in the introductory text of paragraph (e),             for planting in approved growing media
                                                      comments we receive on this docket                      while paragraphs (ix) through (xiii)                   from Denmark into the United States


                                                 VerDate Sep<11>2014   17:28 Jun 19, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\20JNP1.SGM   20JNP1


                                                      28016                    Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Proposed Rules

                                                      and having negative effects on U.S.                     $683,000. The Small Business                           impacts associated with the importation
                                                      agriculture.                                            Administration (SBA) small-entity                      of Campanula spp. plants in approved
                                                         Based on these risk ratings, the RMD,                standard for entities involved in                      growing media from Denmark into the
                                                      titled ‘‘Importation of Campanula spp.                  floriculture production is $750,000 or                 United States, we have prepared an
                                                      in Approved Growing Media from                          less in annual receipts. It is probable                environmental assessment. The
                                                      Denmark into the United States,’’                       that most domestic producers of potted                 environmental assessment was prepared
                                                      identifies the phytosanitary measures                   Campanula are small entities by the                    in accordance with: (1) The National
                                                      necessary to ensure the safe importation                SBA standard.                                          Environmental Policy Act of 1969
                                                      into the United States of Campanula                        We do not have specific trade or                    (NEPA), as amended (42 U.S.C. 4321 et
                                                      spp. plants for planting in approved                    production data for Campanula spp.                     seq.), (2) regulations of the Council on
                                                      growing media from Denmark. The RMD                     plants in Denmark, but one Danish                      Environmental Quality for
                                                      finds that the mitigations that are                     industry group estimated that                          implementing the procedural provisions
                                                      currently specified in paragraphs                       production in 2010 reached 20 million                  of NEPA (40 CFR parts 1500–1508), (3)
                                                      (e)(2)(i) through (e)(2)(viii) of § 319.37–             units. The NPPO of Denmark estimates                   USDA regulations implementing NEPA
                                                      8 and that are generally applicable to                  that shipments of Campanula plants in                  (7 CFR part 1b), and (4) APHIS’ NEPA
                                                      the importation of all restricted articles              growing media to the United States may                 Implementing Procedures (7 CFR part
                                                      authorized importation into the United                  total $1 million annually, that is, the                372).
                                                      States in approved growing media will                   volume could reach a level higher than                    The environmental assessment may
                                                      mitigate the risk associated with the                   domestic U.S. production.                              be viewed on the Regulations.gov Web
                                                      importation of Campanula spp. plants                       Although the rule could theoretically               site or in our reading room. (A link to
                                                      for planting in approved growing media                  enable Denmark-based exporters to                      Regulations.gov and information on the
                                                      from Denmark into the United States.                    bypass U.S. growers altogether and                     location and hours of the reading room
                                                         Accordingly, we propose to amend                     provide finished plants directly to                    are provided under the heading
                                                      the introductory text of paragraph (e) of               retailers, such a scenario is considered               ADDRESSES at the beginning of this
                                                      § 319.37–8 to add Campanula spp.                        unlikely, given the additional shipping                proposed rule.) In addition, copies may
                                                      plants for planting from Denmark to the                 and marketing support costs associated                 be obtained by calling or writing to the
                                                      list of taxa authorized importation into                with shipping finished plants in pots. It              individual listed under FOR FURTHER
                                                      the United States in approved growing                   is more likely that the Danish growers                 INFORMATION CONTACT.
                                                      media.                                                  would continue to export immature
                                                                                                                                                                     Paperwork Reduction Act
                                                                                                              plants to U.S. growers who would then
                                                      Executive Orders 12866 and 13771 and                                                                             In accordance with section 3507(d) of
                                                                                                              grow them out for sale as finished
                                                      Regulatory Flexibility Act                                                                                     the Paperwork Reduction Act of 1995
                                                                                                              plants. Allowing the importation of
                                                         This proposed rule has been                          Campanula spp. in growing media                        (44 U.S.C. 3501 et seq.), reporting and
                                                      determined to be not significant for the                would positively affect the quality and                recordkeeping requirements included in
                                                      purposes of Executive Order 12866 and,                  health of any such imported plants                     this proposed rule have been submitted
                                                      therefore, has not been reviewed by the                 relative to those imported without                     for approval to the Office of
                                                      Office of Management and Budget.                        growing media, and might also result in                Management and Budget (OMB). Please
                                                      Further, because this proposed rule is                  related price adjustments for the retail               send comments on the Information
                                                      not significant, it does not trigger the                market. It is unlikely that it would                   Collection Request (ICR) to OMB’s
                                                      requirements of Executive Order 13771                   shorten the marketing chain by                         Office of Information and Regulatory
                                                         In accordance with 5 U.S.C. 603, we                  eliminating the role of intermediate                   Affairs via email to oira_submissions@
                                                      have performed an initial regulatory                    handlers of plants. Instead, this action is            omb.eop.gov, Attention: Desk Officer for
                                                      flexibility analysis, which is                          likely to benefit both importers and                   APHIS, Washington, DC 20503. Please
                                                      summarized below, regarding the                         domestic intermediate growers by                       state that your comments refer to Docket
                                                      economic effects of this proposed rule                  increasing the production quality, while               No. APHIS–2016–0051. Please send a
                                                      on small entities. Copies of the full                   expanding the market size. It is possible              copy of your comments to the USDA
                                                      analysis are available by contacting the                that some domestic growers of                          using one of the methods described
                                                      person listed under FOR FURTHER                         unfinished Campanula would be                          under ADDRESSES at the beginning of
                                                      INFORMATION CONTACT or on the                           competing directly with Danish                         this document.
                                                      Regulations.gov Web site (see                           suppliers, but at pre-saturation market                   APHIS is proposing to amend the
                                                      ADDRESSES above for instructions for                    levels, this is also unlikely to be a                  regulations governing the importation of
                                                      accessing Regulations.gov).                             significant issue.                                     plants for planting to authorize the
                                                         Based on the information we have,                                                                           importation of Campanula spp. plants
                                                      there is no reason to conclude that                     Executive Order 12988                                  for planting from Denmark in approved
                                                      adoption of this proposed rule would                       This proposed rule has been reviewed                growing media into the United States,
                                                      result in any significant economic effect               under Executive Order 12988, Civil                     subject to a systems approach. The
                                                      on a substantial number of small                        Justice Reform. If this proposed rule is               systems approach would consist of
                                                      entities. However, we do not currently                  adopted: (1) All State and local laws and              measures that are currently specified in
                                                      have all of the data necessary for a                    regulations that are inconsistent with                 the regulations as generally applicable
                                                      comprehensive analysis of the effects of                                                                       to all plants for planting authorized
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                                                                              this rule will be preempted; (2) no
                                                      this proposed rule on small entities.                   retroactive effect will be given to this               importation into the United States in
                                                      Therefore, we are inviting comments on                  rule; and (3) administrative proceedings               approved growing media. This proposed
                                                      potential effects. In particular, we are                will not be required before parties may                rule would allow for the importation of
                                                      interested in determining the number                    file suit in court challenging this rule.              Campanula spp. plants for planting
                                                      and kind of small entities that may                                                                            from Denmark in approved growing
                                                      incur benefits or costs from the                        National Environmental Policy Act                      media, while providing protection
                                                      implementation of this proposed rule.                     To provide the public with                           against the introduction of plant pests.
                                                         In 2014, U.S. production of potted                   documentation of APHIS’ review and                        Implementing this information
                                                      Campanula spp. plants was valued at                     analysis of any potential environmental                collection will require respondents to


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                                                                               Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Proposed Rules                                           28017

                                                      complete a phytosanitary certificate,                   citizen access to Government                           public of the discontinuation of the
                                                      written compliance agreements, and                      information and services, and for other                rulemaking activity and the denial of
                                                      inspections.                                            purposes. For information pertinent to                 the PRM, and to provide a brief
                                                         We are soliciting comments from the                  E-Government Act compliance related                    discussion of the NRC’s decision
                                                      public (as well as affected agencies)                   to this proposed rule, please contact Ms.              regarding the rulemaking activity and
                                                      concerning our proposed information                     Kimberly Hardy, APHIS’ Information                     PRM. The rulemaking activity will no
                                                      collection requirements. These                          Collection Coordinator, at (301) 851–                  longer be reported in the NRC’s portion
                                                      comments will help us:                                  2483.                                                  of the Unified Agenda of Regulatory and
                                                         (1) Evaluate whether the proposed                                                                           Deregulatory Actions (the Unified
                                                      information collection is necessary for                 List of Subjects in 7 CFR Part 319                     Agenda).
                                                      the proper performance of our agency’s                    Coffee, Cotton, Fruits, Imports, Logs,               DATES: Effective June 20, 2017, the
                                                      functions, including whether the                        Nursery stock, Plant diseases and pests,               rulemaking activity discussed in this
                                                      information will have practical utility;                Quarantine, Reporting and                              document is discontinued and PRM–
                                                         (2) Evaluate the accuracy of our                     recordkeeping requirements, Rice,                      50–77 is denied.
                                                      estimate of burden of the information                   Vegetables.                                            ADDRESSES: Please refer to Docket IDs
                                                      collection, including the validity of the                 Accordingly, we propose to amend 7                   NRC–2008–0602 (rulemaking activity)
                                                      methodology and assumptions used;                       CFR part 319 as follows:
                                                         (3) Enhance the quality, utility, and                                                                       and NRC–2002–0020 (PRM) when
                                                      clarity of the information to be                                                                               contacting the NRC about the
                                                                                                              PART 319–FOREIGN QUARANTINE                            availability of information regarding this
                                                      collected; and                                          NOTICES
                                                         (4) Minimize the burden of the                                                                              document. You may obtain publicly-
                                                      information collection on those who are                 ■ 1. The authority citation for part 319               available information related to this
                                                      to respond, (such as through the use of                 continues to read as follows:                          document using any of the following
                                                      appropriate automated, electronic,                                                                             methods:
                                                      mechanical, or other technological
                                                                                                                Authority: 7 U.S.C. 450, 7701–7772, and                 • Federal Rulemaking Web site: Go to
                                                                                                              7781–7786; 21 U.S.C. 136 and 136a; 7 CFR               http://www.regulations.gov and search
                                                      collection techniques or other forms of                 2.22, 2.80, and 371.3.
                                                      information technology; e.g., permitting                                                                       for Docket IDs NRC–2008–0602
                                                      electronic submission of responses).                    § 319.37–8    [Amended]                                (rulemaking activity) and NRC–2002–
                                                         Estimate of burden: Public reporting                 ■  2. In § 319.37–8, in the introductory               0020 (PRM). Address questions about
                                                      burden for this collection of information               text of paragraph (e), the list of plants              NRC dockets to Carol Gallagher;
                                                      is estimated to average 0.83 hours per                  is amended by adding, in alphabetical                  telephone: 301–415–3463; email:
                                                      response.                                               order, an entry for ‘‘Campanula spp.                   Carol.Gallagher@nrc.gov. For technical
                                                         Respondents: Growers and the                         from Denmark’’.                                        questions, contact the individual listed
                                                      national plant protection organization of                                                                      in the FOR FURTHER INFORMATION
                                                                                                                Done in Washington, DC, this 14th day of             CONTACT section of this document.
                                                      Denmark.                                                June 2017.
                                                         Estimated number of respondents: 3.                                                                            • NRC’s Agencywide Documents
                                                                                                              Michael C. Gregoire,                                   Access and Management System
                                                         Estimated number of responses per
                                                                                                              Acting Administrator, Animal and Plant                 (ADAMS): You may obtain publicly-
                                                      respondent: 62.                                         Health Inspection Service.
                                                         Estimated annual number of                                                                                  available documents online in the
                                                                                                              [FR Doc. 2017–12801 Filed 6–19–17; 8:45 am]            ADAMS Public Documents collection at
                                                      responses: 185.
                                                         Estimated total annual burden on                     BILLING CODE 3410–34–P                                 http://www.nrc.gov/reading-rm/
                                                      respondents: 155 hours (Due to                                                                                 adams.html. To begin the search, select
                                                      rounding, the total annual burden hours                                                                        ‘‘ADAMS Public Documents’’ and then
                                                      may not equal the product of the annual                 NUCLEAR REGULATORY                                     select ‘‘Begin Web-based ADAMS
                                                      number of responses multiplied by the                   COMMISSION                                             Search.’’ For problems with ADAMS,
                                                      average reporting burden per response).                                                                        please contact the NRC’s Public
                                                         A copy of the information collection                 10 CFR Part 50                                         Document Room (PDR) reference staff at
                                                      may be viewed on the Regulations.gov                    [NRC–2008–0602, NRC–2002–0020]                         1–800–397–4209, 301–415–4737, or by
                                                      Web site or in our reading room. (A link                                                                       email to pdr.resource@nrc.gov. The
                                                                                                              RIN 3150–AH43                                          ADAMS accession number for each
                                                      to Regulations.gov and information on
                                                      the location and hours of the reading                                                                          document referenced in this document
                                                                                                              Decoupling an Assumed Loss of
                                                      room are provided under the heading                                                                            (if that document is available in
                                                                                                              Offsite Power From a Loss-of-Coolant
                                                      ADDRESSES at the beginning of this                                                                             ADAMS) is provided the first time that
                                                                                                              Accident
                                                      proposed rule.) Copies can also be                                                                             a document is referenced.
                                                      obtained from Ms. Kimberly Hardy,                       AGENCY:   Nuclear Regulatory                              • NRC’s PDR: You may examine and
                                                      APHIS’ Information Collection                           Commission.                                            purchase copies of public documents at
                                                      Coordinator, at (301) 851–2483. APHIS                   ACTION: Discontinuation of rulemaking
                                                                                                                                                                     the NRC’s PDR, Room O1–F21, One
                                                      will respond to any ICR-related                         activity and denial of petition for                    White Flint North, 11555 Rockville
                                                      comments in the final rule. All                         rulemaking.                                            Pike, Rockville, Maryland 20852.
                                                                                                                                                                     FOR FURTHER INFORMATION CONTACT:
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      comments will also become a matter of
                                                      public record.                                          SUMMARY:   The U.S. Nuclear Regulatory                 Robert Beall, Office of Nuclear Reactor
                                                                                                              Commission (NRC) is discontinuing the                  Regulation, U.S. Nuclear Regulatory
                                                      E-Government Act Compliance                             rulemaking activity, ‘‘Decoupling an                   Commission, Washington, DC 20555–
                                                        The Animal and Plant Health                           Assumed Loss of Offsite Power from a                   0001; telephone: 301–415–3874; email:
                                                      Inspection Service is committed to                      Loss-of-Coolant Accident’’ (the LOOP/                  Robert.Beall@nrc.gov.
                                                      compliance with the EGovernment Act                     LOCA rulemaking), and denying the                      SUPPLEMENTARY INFORMATION:
                                                      to promote the use of the Internet and                  associated petition for rulemaking
                                                      other information technologies, to                      (PRM), PRM–50–77. The purpose of this                  Table of Contents
                                                      provide increased opportunities for                     action is to inform members of the                     I. Background



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Document Created: 2017-06-20 02:20:45
Document Modified: 2017-06-20 02:20:45
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 August 21, 2017.
ContactDr. Narasimha Samboju, Senior Regulatory Policy Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1236; (301) 851-2038.
FR Citation82 FR 28015 
RIN Number0579-AE31
CFR AssociatedCoffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables

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