83 FR 11395 - Importation of Campanula spp. Plants for Planting in Approved Growing Media From Denmark Into the United States
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service Federal Register Volume 83, Issue 51 (March 15, 2018)
Animal and Plant Health Inspection Service
Federal Register Volume 83, Issue 51 (March 15, 2018)
| Page Range | 11395-11397 | |
| FR Document | 2018-05267 |
[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)] [Rules and Regulations] [Pages 11395-11397] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05267] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules and Regulations [[Page 11395]] 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 Into the United States AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are amending the regulations governing the importation of plants for planting by authorizing 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 will include 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 action will 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: Effective April 16, 2018. 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. In response to a request from the national plant protection organization (NPPO) of Denmark, we prepared a pest risk assessment (PRA) in order to analyze the plant pest risks associated with the importation of Campanula spp. plants for planting in approved growing media from Denmark into the United States. 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. Based on the findings of the PRA, we prepared a risk management document (RMD) to determine whether phytosanitary measures exist that would address the quarantine plant pest risk. The RMD found that the mitigations currently specified in Sec. 319.37-8, paragraphs (e)(2)(i) through (viii), 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, on June 20, 2017, we published in the Federal Register (82 FR 28015-28017, Docket No. APHIS-2016-0051) a proposal \1\ to amend the regulations by adding Campanula spp. plants for planting from Denmark to the list of taxa authorized importation into the United States in approved growing media in accordance with the requirements of Sec. 319.37-8(e). --------------------------------------------------------------------------- \1\ To view the proposed rule, supporting documents, and the comments we received, go to https://www.regulations.gov/docket?D=APHIS-2016-0051. --------------------------------------------------------------------------- We solicited comment concerning our proposal for 60 days ending August 21, 2017. We received two comments by that date. They were from a private citizen and a State department of agriculture. One commenter was generally opposed to the importation of Campanula spp. from Denmark, but did not offer any specific concerns or objections to be addressed. One commenter stated that, although the approved growing media effectively mitigates the movement of arthropods occurring with the soil, it does not address the potential movement of the other quarantine plants pests identified in the PRA: The leafminers, Liriomyza buhri Hering, L. strigata (Meigen) and Phytomyza campanulae Hendel; the whitefly, Aleyrodes lonicerae; the aphids, Aphis psammophila Szelegiewicz, Uroleucon campanulae (Kaltenbach), U. nigrocampanulae (Theobald), and U. rapunculoidis (B[ouml]rner); the thrips, Thrips major Uzel; and the mollusk, Arianta arbustorum (L.). The commenter suggested that a systems approach would not be enough to mitigate the risks associated with these plant pests as some have the potential to evade detection during inspection, and that an introduction of any of these pests would result in major eradication efforts that would have severe economic impacts on Florida's agricultural industry. Because of this, the commenter recommended that shipments of Campanula spp. plants from Denmark not be allowed into Florida. As explained in the RMD (Appendix 1), the pests specifically referenced by the commenter will be mitigated by the systems approach. Inspections will be [[Page 11396]] conducted in concert with required greenhouse operating procedures that will include specific sanitary measures and pest exclusionary mechanisms that have proven to effectively mitigate the risks associated with these plant pests. The commenter did not provide any evidence suggesting that the mitigations are not effective. Therefore, we are not taking the action suggested by the comment. Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, without change. Executive Orders 12866 and 13771 and Regulatory Flexibility Act This final 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 rule is not significant, it is not a regulatory action under Executive Order 13771. In accordance with 5 U.S.C. 604, we have performed a final regulatory flexibility analysis, which is summarized below, regarding the economic effects of this rule on small entities. Copies of the full analysis are available by contacting the person listed under FOR FURTHER INFORMATION CONTACT or on the Regulations.gov website (see ADDRESSES above for instructions for accessing Regulations.gov). The Animal and Plant Health Inspection Service (APHIS) is amending the regulations in 7 CFR 319.37-8 to allow the importation of Campanula spp. plants in growing media. Such plants are generally imported bare- rooted into the United States, and are rooted and potted for sale by U.S. nurseries. The final rule will expand potted Campanula spp. imports from Denmark by eliminating the requirement that growing media be removed. 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 spp. plants are small entities by the SBA standard. The NPPO of Denmark estimates that shipments of Campanula spp. plants in growing media to the United States may total $5-10 million annually, that is, the volume could reach a level higher than domestic U.S. production. However, we do not have information on existing U.S. import levels that would give this comparison appropriate perspective. Although the rule could theoretically enable Denmark-based exporters to bypass U.S. growers altogether and provide finished plants directly to retailers, it is less likely because flowering potted plants tend to be more sensitive to shipping conditions. Consequently, it is more likely that the Danish growers will continue to export immature plants to U.S. growers who will then grow them out for sale as finished plants, but with a higher success rate and shorter market delay than under current regulations. U.S. growers who import Campanula spp. plants from Denmark may benefit directly from the rule, if the resulting finished plants have a higher market value. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule: (1) Preempts all State and local laws and regulations that are inconsistent with this rule; (2) has no retroactive effect; and (3) does not require administrative proceedings before parties may file suit in court challenging this rule. National Environmental Policy Act An environmental assessment and finding of no significant impact have been prepared for this final rule. The environmental assessment provides a basis for the conclusion that the importation of Campanula spp. plants for planting in approved growing media from Denmark under the conditions specified in this rule will not have a significant impact on the quality of the human environment. Based on the finding of no significant impact, the Administrator of the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared. The environmental assessment and finding of no significant impact were prepared in accordance with: (1) The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing Procedures (7 CFR part 372). The environmental assessment and finding of no significant impact may be viewed on the Regulations.gov website (see footnote 1). Copies of the environmental assessment and finding of no significant impact are also available for public inspection at USDA, Room 1141, South Building, 14th Street and Independence Avenue SW, Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday, except holidays. Persons wishing to inspect copies are requested to call ahead on (202) 799-7039 to facilitate entry into the reading room. In addition, copies may be obtained by writing to the individual listed under FOR FURTHER INFORMATION CONTACT. Paperwork Reduction Act In accordance with section 3507(d) of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the information collection requirements included in this final rule, which were filed under 0579- 0463, have been submitted for approval to the Office of Management and Budget (OMB). When OMB notifies us of its decision, if approval is denied, we will publish a document in the Federal Register providing notice of what action we plan to take. E-Government Act Compliance The Animal and Plant Health Inspection Service is committed to compliance with the 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 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 are amending 7 CFR part 319 as follows: PART 319--FOREIGN QUARANTINE NOTICES 0 1. The authority citation for part 319 continues to read as follows: Authority: 7 U.S.C. 450 and 7701-7772 and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. 0 2. Section 319.37-8 is amended as follows: 0 a. In paragraph (e) introductory text, by adding, in alphabetical order, an entry for ``Campanula spp. from Denmark''; and 0 b. By revising the OMB citation at the end of the section. The revision reads as follows: Sec. 319.37-8 Growing media. * * * * * [[Page 11397]] (Approved by the Office of Management and Budget under control numbers 0579-0190, 0579-0439, 0579-0454, 0579-0458, and 0579-0463) Done in Washington, DC, this 9th day of March 2018. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2018-05267 Filed 3-14-18; 8:45 am] BILLING CODE 3410-34-P
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Rules and Regulations Federal Register
Vol. 83, No. 51
Thursday, March 15, 2018
This section of the FEDERAL REGISTER Plants for Planting,’’ §§ 319.37 through the risk associated with the importation
contains regulatory documents having general 319.37–14 (referred to below as the of Campanula spp. plants for planting
applicability and legal effect, most of which regulations), prohibit or restrict, among in approved growing media from
are keyed to and codified in the Code of other things, the importation of living Denmark into the United States.
Federal Regulations, which is published under plants, plant parts, and seeds for Accordingly, on June 20, 2017, we
50 titles pursuant to 44 U.S.C. 1510. published in the Federal Register (82
propagation or planting.
The Code of Federal Regulations is sold by The regulations differentiate between FR 28015–28017, Docket No. APHIS–
the Superintendent of Documents. prohibited articles and restricted 2016–0051) a proposal 1 to amend the
articles. Prohibited articles are plants for regulations by adding Campanula spp.
planting whose importation into the plants for planting from Denmark to the
DEPARTMENT OF AGRICULTURE United States is not authorized due to list of taxa authorized importation into
the risk the articles present of the United States in approved growing
Animal and Plant Health Inspection introducing or disseminating plant media in accordance with the
Service pests. Restricted articles are articles that requirements of § 319.37–8(e).
may be imported into the United States, We solicited comment concerning our
7 CFR Part 319 provided that the articles are subject to proposal for 60 days ending August 21,
[Docket No. APHIS–2016–0051] measures to address the associated risks. 2017. We received two comments by
Conditions for the importation into that date. They were from a private
RIN 0579–AE31 citizen and a State department of
the United States of restricted articles in
growing media are found in § 319.37–8. agriculture. One commenter was
Importation of Campanula spp. Plants
In § 319.37–8, the introductory text in generally opposed to the importation of
for Planting in Approved Growing
paragraph (e) lists taxa of restricted Campanula spp. from Denmark, but did
Media From Denmark Into the United
articles that may be imported into the not offer any specific concerns or
States
United States in approved growing objections to be addressed.
AGENCY: Animal and Plant Health media, subject to the provisions of a One commenter stated that, although
Inspection Service, USDA. systems approach. Paragraph (e)(1) lists the approved growing media effectively
ACTION: Final rule. the approved growing media, while mitigates the movement of arthropods
paragraph (e)(2) contains the provisions occurring with the soil, it does not
SUMMARY: We are amending the of the systems approach. Within address the potential movement of the
regulations governing the importation of paragraph (e)(2), paragraphs (i) through other quarantine plants pests identified
plants for planting by authorizing the (viii) contain provisions that are in the PRA: The leafminers, Liriomyza
importation of Campanula spp. plants generally applicable to all the taxa listed buhri Hering, L. strigata (Meigen) and
for planting from Denmark in approved in the introductory text of paragraph (e), Phytomyza campanulae Hendel; the
growing media into the United States, while paragraphs (ix) through (xiii) whitefly, Aleyrodes lonicerae; the
subject to a systems approach. The contain additional, taxon-specific aphids, Aphis psammophila
systems approach will include measures provisions. Szelegiewicz, Uroleucon campanulae
that are currently specified in the In response to a request from the (Kaltenbach), U. nigrocampanulae
regulations as generally applicable to all national plant protection organization (Theobald), and U. rapunculoidis
plants for planting authorized (NPPO) of Denmark, we prepared a pest (Börner); the thrips, Thrips major Uzel;
importation into the United States in risk assessment (PRA) in order to and the mollusk, Arianta arbustorum
approved growing media. This action analyze the plant pest risks associated (L.). The commenter suggested that a
will allow for the importation of with the importation of Campanula spp. systems approach would not be enough
Campanula spp. plants for planting plants for planting in approved growing to mitigate the risks associated with
from Denmark in approved growing media from Denmark into the United these plant pests as some have the
media, while providing protection States. The PRA identified 10 potential to evade detection during
against the introduction of plant pests. quarantine pests that could be inspection, and that an introduction of
DATES: Effective April 16, 2018. introduced into the United States any of these pests would result in major
FOR FURTHER INFORMATION CONTACT: Dr. through the importation of Campanula eradication efforts that would have
Narasimha Samboju, Senior Regulatory spp. plants for planting from Denmark severe economic impacts on Florida’s
Policy Specialist, Plants for Planting in approved growing media. Based on agricultural industry. Because of this,
Policy, PPQ, APHIS, 4700 River Road, the findings of the PRA, we prepared a the commenter recommended that
Unit 133, Riverdale, MD 20737–1236; risk management document (RMD) to shipments of Campanula spp. plants
(301) 851–2038. determine whether phytosanitary from Denmark not be allowed into
SUPPLEMENTARY INFORMATION: measures exist that would address the Florida.
quarantine plant pest risk. The RMD As explained in the RMD (Appendix
sradovich on DSK3GMQ082PROD with RULES
Background found that the mitigations currently 1), the pests specifically referenced by
The regulations in 7 CFR part 319 specified in § 319.37–8, paragraphs the commenter will be mitigated by the
prohibit or restrict the importation of (e)(2)(i) through (viii), that are generally systems approach. Inspections will be
certain plants and plant products into applicable to the importation of all 1 To view the proposed rule, supporting
the United States to prevent the restricted articles authorized documents, and the comments we received, go to
introduction of quarantine plant pests. importation into the United States in https://www.regulations.gov/docket?D=APHIS-
The regulations contained in ‘‘Subpart— approved growing media will mitigate 2016-0051.
VerDate Sep<11>2014 16:08 Mar 14, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\15MRR1.SGM 15MRR1](https://thefederalregister.org/doc/83_FR_11446/page/1.svg)
![Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules and Regulations 11397
(Approved by the Office of Management and for and locating Docket No. FAA–2017– Effect of Winglets on Accomplishment
Budget under control numbers 0579–0190, 0778. of the Proposed Actions
0579–0439, 0579–0454, 0579–0458, and
0579–0463) Examining the AD Docket Aviation Partners Boeing stated that
accomplishing the supplemental type
Done in Washington, DC, this 9th day of You may examine the AD docket on
March 2018.
certificate (STC) ST01518SE does not
the internet at http:// affect the actions specified in the
Kevin Shea, www.regulations.gov by searching for NPRM.
Administrator, Animal and Plant Health and locating Docket No. FAA–2017– We concur with the commenter. We
Inspection Service. 0778; or in person at the Docket have redesignated paragraph (c) of the
[FR Doc. 2018–05267 Filed 3–14–18; 8:45 am] Management Facility between 9 a.m. proposed AD as paragraph (c)(1) of this
BILLING CODE 3410–34–P and 5 p.m., Monday through Friday, AD and added paragraph (c)(2) to this
except Federal holidays. The AD docket AD to state that installation of STC
contains this final rule, the regulatory ST01518SE does not affect the ability to
DEPARTMENT OF TRANSPORTATION evaluation, any comments received, and accomplish the actions required by this
other information. The address for the AD. Therefore, for airplanes on which
Federal Aviation Administration Docket Office (phone: 800–647–5527) is STC ST01518SE is installed, a ‘‘change
Docket Management Facility, U.S. in product’’ alternative method of
14 CFR Part 39 Department of Transportation, Docket compliance (AMOC) approval request is
Operations, M–30, West Building not necessary to comply with the
[Docket No. FAA–2017–0778; Product Ground Floor, Room W12–140, 1200 requirements of 14 CFR 39.17.
Identifier 2017–NM–038–AD; Amendment New Jersey Avenue SE, Washington, DC
39–19228; AD 2018–06–08] 20590. Request To Provide Instructions for
Previously Repaired Areas
RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT:
Peter Jarzomb, Aerospace Engineer, FedEx Express asked that instructions
Airworthiness Directives; The Boeing Airframe Section, Los Angeles ACO to address previously repaired areas on
Company Airplanes Branch, FAA, 3960 Paramount which the modification has not been
Boulevard, Lakewood, CA 90712–4137; incorporated be added to Boeing Alert
AGENCY: Federal Aviation Service Bulletin 757–53A0012, Revision
Administration (FAA), DOT. phone: 562–627–5234; fax: 562–627–
5210; email: peter.jarzomb@faa.gov. 1, dated January 25, 2017, before issuing
ACTION: Final rule. the proposed AD.
SUPPLEMENTARY INFORMATION:
We do not agree with the commenter’s
SUMMARY: We are adopting a new
Discussion request. To wait for Boeing to update
airworthiness directive (AD) for certain
the service bulletin, as requested, would
The Boeing Company Model 757–200 We issued a notice of proposed delay the issuance of the final rule.
series airplanes. This AD was prompted rulemaking (NPRM) to amend 14 CFR However, to delay this action would be
by an evaluation by the design approval part 39 by adding an AD that would inappropriate since we have determined
holder (DAH) indicating that the side apply to certain The Boeing Company that an unsafe condition exists and that
panel-to-frame attachments and frames Model 757–200 series airplanes. The the actions required by this AD must be
of the aft cargo compartment are subject NPRM published in the Federal done to ensure continued safety. If a
to widespread fatigue damage (WFD). Register on August 25, 2017 (82 FR previously repaired area does not
This AD requires an inspection of the 40508). The NPRM was prompted by an incorporate the modification required
side panel-to-frame attachments and evaluation by the DAH indicating that by this AD, and the modification cannot
frames to verify that certain the side panel-to-frame attachments and be done on the previously repaired area,
modifications have been done, and frames of the aft cargo compartment are operators must request an alternative
applicable on-condition actions. We are subject to WFD. The NPRM proposed to method of compliance (AMOC) using
issuing this AD to address the unsafe require an inspection of the side panel- the procedures specified in paragraph (j)
condition on these products. to-frame attachments and frames to of this AD. We have made no change to
DATES: This AD is effective April 19, verify that certain modifications have this AD in this regard.
2018. been done, and applicable on-condition
The Director of the Federal Register actions. We are issuing this AD to Conclusion
approved the incorporation by reference prevent fatigue cracking at the We reviewed the relevant data,
of a certain publication listed in this AD attachment points of the side panel-to- considered the comments received, and
as of April 19, 2018. frame attachments of the aft cargo determined that air safety and the
ADDRESSES: For service information compartment, which could result in public interest require adopting this
identified in this final rule, contact reduced structural integrity of the body final rule with the changes described
Boeing Commercial Airplanes, frames, and consequent rapid previously and minor editorial changes.
Attention: Contractual & Data Services decompression of the airplane. We have determined that these minor
(C&DS), 2600 Westminster Blvd., MC Comments changes:
110–SK57, Seal Beach, CA 90740–5600; • Are consistent with the intent that
telephone 562–797–1717; internet We gave the public the opportunity to was proposed in the NPRM for
https://www.myboeingfleet.com. You participate in developing this final rule. correcting the unsafe condition; and
sradovich on DSK3GMQ082PROD with RULES
may view this service information at the The following presents the comments • Do not add any additional burden
FAA, Transport Standards Branch, 2200 received on the NPRM and the FAA’s upon the public than was already
South 216th St., Des Moines, WA. For response to each comment. proposed in the NPRM.
information on the availability of this Support for the NPRM We also determined that these
material at the FAA, call 206–231–3195. changes will not increase the economic
It is also available on the internet at Boeing and United Airlines agreed burden on any operator or increase the
http://www.regulations.gov by searching with the content of the NPRM. scope of this final rule.
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Document Created: 2018-03-15 02:37:58
Document Modified: 2018-03-15 02:37:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective April 16, 2018. | |
| 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. | |
| FR Citation | 83 FR 11395 | |
| RIN Number | 0579-AE31 | |
| CFR Associated | Coffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables |
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