[Federal Register Volume 68, Number 208 (Tuesday, October 28, 2003)]
[Notices]
[Page 61391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27148]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. 98-103-4]


Importation of Artificially Dwarfed Plants in Growing Media From 
the People's Republic of China; Availability of an Environmental 
Assessment and Request for Comments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of reopening of comment period.

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SUMMARY: We are reopening the comment period for an environmental 
assessment prepared for a proposal to allow the importation of 
artificially dwarfed (penjing) plants of the genera Buxus, Ehretia 
(Carmona), Podocarpus, Sageretia, and Serissa from the People's 
Republic of China in an approved growing medium subject to specified 
growing, inspection, and certification requirements. This action will 
allow interested persons additional time to prepare and submit 
comments.

DATES: We will consider all comments that we receive on or before 
November 12, 2003.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 98-103-3, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 98-103-3. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
98-103-3'' on the subject line.
    You may read any comments that we receive on the environmental 
assessment in our reading room. The reading room 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) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. William Thomas, Import Specialist, 
Phytosanitary Issues Management, PPQ, APHIS, 4700 River Road Unit 140, 
Riverdale, MD 20737-1236; (301) 734-6799.

SUPPLEMENTARY INFORMATION:

Background

    On September 20, 2000, we published in the Federal Register (65 FR 
56803-56806, Docket No. 98-103-1) a proposal to amend the regulations 
to allow artificially dwarfed plants of the genera Buxus, Ehretia 
(Carmona), Podocarpus, Sageretia, and Serissa to be imported into the 
United States from the People's Republic of China in an approved 
growing medium subject to specified growing, inspection, and 
certification requirements. We accepted comments on our proposal for a 
total of 90 days, ending December 20, 2000.\1\
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    \1\ The comment period on the proposed rule was extended from 60 
to 90 days in a notice published in the Federal Register on December 
1, 2000 (65 FR 75187, Docket No. 98-103-2).
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    In response to comments received on the proposed rule, APHIS has 
narrowed the application of the rule to apply to particular species of 
the genera mentioned previously. We have also revised the pest risk 
assessments and created a risk mitigation document. The five revised 
pest risk assessments as well as the risk mitigation document are 
available on the Internet at http://www.aphis.usda.gov/ppq/pim. We have 
also concluded section 7 consultation with the U.S. Fish and Wildlife 
Service (FWS) to assess the potential effects of the proposed action on 
endangered or threatened species, as required under the Endangered 
Species Act. On April 10, 2003, FWS concluded the section 7 
consultation process by concurring with APHIS'' determination that the 
importation of Buxus sinica, Ehretia microphylla, Podocarpus 
macrophyllus, Sageretia thea, and Serissa foetida from the People's 
Republic of China will not adversely affect federally listed or 
proposed endangered or threatened species or their habitats.
    Upon receiving FWS concurrence and after preparing the revised pest 
risk assessments and the revised pest mitigation document, APHIS 
prepared an environmental assessment titled ``Final Rule for the 
Importation of Artificially Dwarfed Plants in Growing Media from the 
People's Republic of China'' and dated September 2003. 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).
    On September 15, 2003, we published in the Federal Register (68 FR 
53956-53957, Docket No. 98-103-3) a notice announcing the availability 
of the environmental assessment. In that notice, we requested public 
comments on the environmental assessment.
    Comments on the environmental assessment were required to be 
received on or before October 15, 2003. We are reopening the comment 
period for the environmental assessment until November 12, 2003. This 
action will allow interested persons additional time to prepare and 
submit comments. We will also consider all comments received between 
October 16, 2003 (the day after the close of the original comment 
period) and the date of this notice.
    You may review the environmental assessment on the Internet at 
http://www.aphis.usda.gov/ppd/es/ppqdocs.html. You may request paper 
copies of the environmental assessment, the pest risk assessments, and 
the risk mitigation document from the person listed under FOR FURTHER 
INFORMATION CONTACT.
    Please refer to the title of the environmental assessment when 
requesting copies. The environmental assessment is also available for 
review in our reading room (the location and hours of the reading room 
are listed under the heading ADDRESSES at the beginning of this 
notice).

    Done in Washington, DC, this 23rd day of October, 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-27148 Filed 10-27-03; 8:45 am]
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