[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Proposed Rules]
[Pages 53334-53336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19224]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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.
 
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 

  Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / 
Proposed Rules  

[[Page 53334]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0091]
RIN 0579-AE24


Importation of Orchids in Growing Media From the Republic of 
Korea Into the Continental United States

AGENCY: Animal and Plant Health Inspection Service, Department of 
Agriculture.

ACTION: Proposed rule.

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

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

DATES: We will consider all comments that we receive on or before 
October 11, 2016.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0091.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2015-0091, 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-2015-
0091 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: Mr. William Aley, Senior Regulatory 
Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River Road, 
Unit 133, Riverdale, MD 20737; (301) 851-2130.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR part 319 prohibit or restrict the 
importation into the United States of certain plants and plant products 
into the United States to prevent the introduction of plant pests and 
noxious weeds. The regulations in ``Subpart--Plants for Planting,'' 
Sec. Sec.  319.37 through 319.37-14 (referred to below as the 
regulations) contain, among other things, prohibitions and restrictions 
on the importation of plants, plant parts, and seeds for propagation.
    Paragraph (a) of Sec.  319.37-8 of the regulations requires, with 
certain exceptions, that plants offered for importation into the United 
States be free of sand, soil, earth, and other growing media. This 
requirement is intended to help prevent the introduction of plant pests 
that might be present in the growing media; the exceptions to the 
requirement take into account factors that mitigate that plant pest 
risk. Those exceptions, which are found in paragraphs (b) through (e) 
of Sec.  319.37-8, consider either the origin of the plants and growing 
media (paragraph (b)), the nature of the growing media (paragraphs (c) 
and (d)), or the use of a combination of growing conditions, approved 
media, inspections, and other requirements (paragraph (e)).
    Paragraph (e) of Sec.  319.37-8 provides conditions under which 
certain plants established in growing media may be imported into the 
United States. In addition to specifying the types of plants that may 
be imported, Sec.  319.37-8(e) also:
     Specifies the types of growing media that may be used;
     Requires plants to be grown in accordance with written 
agreements between the Animal and Plant Health Inspection Service 
(APHIS) and the national plant protection organization (NPPO) of the 
country where the plants are grown and between the foreign NPPO and the 
grower;
     Requires the plants to be rooted and grown in a greenhouse 
that meets certain requirements for pest exclusion and that is used 
only for plants being grown in compliance with Sec.  319.37-8(e);
     Restricts the source of the seeds or parent plants used to 
produce the plants, and requires grow-out or treatment of parent plants 
imported into the exporting country from another country;
     Specifies the sources of water that may be used on the 
plants, the height of the benches on which the plants must be grown, 
and the conditions under which the plants must be stored and packaged; 
and
     Requires that the plants be inspected in the greenhouse 
and found free of evidence of plant pests no more than 30 days prior to 
the exportation of the plants.
    A phytosanitary certificate issued by the NPPO of the country in 
which the plants were grown that declares that the above conditions 
have been met, must accompany the plants at the time of importation. 
These conditions have been used successfully to mitigate the risk of 
pest introduction associated with the importation into the United 
States of approved plants established in growing media.
    Currently, orchid plants of the genera Cymbidium and Phalaenopsis 
may only be imported into the United States from the Republic of Korea 
as bare root plants, in accordance with Sec.  319.37-2. The NPPO of the 
Republic of Korea has requested that importation into the United States 
of those plants in growing media be allowed under the provisions of 
Sec.  319.37-8.
    The regulations in Sec.  319.37-8(g) provide that requests such as 
the one made by the NPPO of the Republic of Korea be evaluated by APHIS 
using a pest risk assessment (PRA) that uses specific pest risk 
evaluation standards that are based on pest risk analysis guidelines 
established by the International Plant Protection Convention of the 
United Nations' Food and Agriculture Organization. Such analyses are 
conducted to determine the

[[Page 53335]]

plant pest risks associated with each requested plant article and to 
determine whether or not APHIS should propose to allow the requested 
plant article established in growing media to be imported into the 
United States. In accordance with Sec.  319.37-8(g), APHIS has 
conducted the required PRA, which can be viewed online on the 
Regulations.gov Web site or in our reading room (see ADDRESSES above 
for instructions for accessing Regulations.gov).
    In the PRA, titled ``Importation of Cymbidium spp. and Phalaenopsis 
spp. Orchid Plants in Approved Growing Media from Republic of Korea 
into the Continental United States,'' APHIS identified that six 
quarantine pests present in the Republic of Korea could potentially 
follow the import pathway:

Moths

 Spodoptera litura (Fabricius)
 Dichromothrips smithi (Zimmermann)
 Thrips palmi (Karny)
 Pseudococcus dendrobiorum (Williams)

Slug

 Deroceras varians (Adams)

Fungi

 Colletotrichum boninense (Moriwaki)

    The PRA identified P. dendrobiorum as having a medium pest risk 
potential of following the pathway on Cymbidium spp. and Phalaenopsis 
plants from the Republic of Korea. The remaining five plant pests (S. 
litura, D. smithi, T. palmi, D. varians, and C. boninense) were rated 
as having a high pest risk potential.
    However, the PRA acknowledged that the risk presented by these 
plant pests is consistent with pests associated with any propagative 
orchid materials. Further, it is important to note that those plant 
pest risks are present in the absence of the mitigative effects of the 
requirements in Sec.  319.37-8(e), which are designed to establish and 
maintain a pest-free production environment and ensure the use of pest-
free seeds or parent plants. Given that, the risk management document 
(RMD) concluded that the safeguards in Sec.  319.37-8(e) would allow 
the safe importation of Cymbidium spp. and Phalaenopsis spp. plants 
from the Republic of Korea provided that the plants are established in 
an approved growing medium and meet all other applicable conditions of 
Sec.  319.37-8(e). Based on the findings of the PRA and RMD, we have 
determined that the application of the measures required under Sec.  
319.37-8(e) will prevent the introduction or dissemination of plant 
pests into the United States.
    Accordingly, we are proposing to amend the regulations in Sec.  
319.37-8(e) by adding Cymbidium spp. and Phalaenopsis spp. plants from 
the Republic of Korea to the list of plants established in an approved 
growing medium that may be imported into the United States. The plants 
would have to be produced, handled, and imported in accordance with the 
requirements of Sec.  319.37-8(e) and be accompanied at the time of 
importation by a phytosanitary certificate issued by the NPPO of the 
Republic of Korea that declares that those requirements have been met.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov).
    Orchids are the single largest group of potted flowering plants 
sold in the United States, comprising about $266 million of the $788 
million in 2014 sales for this industry. In 2014, Phalaenopsis spp. 
comprised 57 percent of orchid sales. Although Cymbidium spp. are 
popular in other parts of the world, the quantity of potted Cymbidium 
spp. sold in the United States is small when compared to other 
varieties of orchids.
    The proposed rule would enable Korean exporters to provide higher-
valued, mature potted plants directly to wholesalers and retailers. 
However, such a scenario is considered unlikely, given the technical 
challenges and marketing costs incurred when shipping finished plants 
in pots. A more likely scenario is for the Republic of Korea to export 
immature plants as bare root plants or in approved growing media to 
U.S. nurseries to grow and sell as finished plants.
    The United States imported more than 6,760 metric tons (MT) of live 
orchids valued at about $83 million in 2014, with Taiwan supplying 
almost 84 percent. The Republic of Korea expects to export to the 
United States from 2 to 5 million Phalaenopsis plants and about 1 
million Cymbidium plants per year in approved growing media. This 
combined number of plants, 3 to 6 million, is estimated to equal more 
than 2,000 MT to 4,000 MT per year. This amount seems disproportionate 
to the Republic of Korea's history of orchid exports worldwide, which 
have declined from 2,936 MT in 2010 to 806 MT in 2014. The Republic of 
Korea exported only 1.3 MT of bare-rooted orchid plants to the United 
States in 2014.
    We expect the quantity of orchids in approved growing media 
imported from the Republic of Korea will also be limited because of the 
U.S. market's competitive environment. Import levels would depend on 
the ability of Korean producers and exporters to cover their 
production, transportation, and marketing costs given U.S. market 
prices. U.S. nurseries that purchased the Korean orchids in approved 
growing media would benefit from their improved quality and reduced 
production time in comparison to bare-rooted plants. The proposed rule 
would increase competition for U.S. producers and importers of immature 
Phalaenopsis spp. and Cymbidium spp. plants.
    U.S. orchid producers numbered 158 in 2012. Of those producers, it 
is unknown how many are small entities. Given the relatively small 
quantity of orchid plants in approved growing media that we expect to 
be imported from the Republic of Korea, the Administrator of the Animal 
and Plant Health Inspection Service has determined that this action, if 
promulgated, will not have a significant economic impact on a 
substantial number of small entities.

Executive Order 12988

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

National Environmental Policy Act

    To provide the public with documentation of APHIS' review and 
analysis of any potential environmental impacts associated with the 
proposed importation of Phalaenopsis spp. and Cymbidium spp. orchid 
varieties from the Republic of Korea into the continental United 
States, we have prepared an environmental assessment. The environmental 
assessment was prepared in accordance with: (1) The National 
Environmental Policy Act of

[[Page 53336]]

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) United States 
Department of Agriculture (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. Comments on the environmental 
assessment can be submitted following the instructions under ADDRESSES. 
(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-2015-0091. 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 add orchid plants of the genera 
Phalaenopsis and Cymbidium from the Republic of Korea to the list of 
plants that can be imported into the continental United States in an 
approved growing medium, subject to specified growing, inspection, and 
certification requirements. APHIS is taking this action after 
determining that the plants could be imported under certain conditions, 
without resulting in the introduction into, or the dissemination 
within, the United States of a plant pest or noxious weed.
    Adding orchid plants of the genera Phalaenopsis and Cymbidium from 
the Republic of Korea to the list of plants that can be imported into 
the continental United States in growing media will require information 
collection activities, such as phytosanitary certificates, written 
agreements, and inspections.
    The purpose of this notice is to solicit comments from the public 
(as well as affected agencies) concerning these information collection 
activities. APHIS needs this outside input to help accomplish the 
following:
    (1) Evaluate whether the 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 or responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.56 hours per response.
    Respondents: Importers, shippers, and the NPPO of the Republic of 
Korea.
    Estimated number of respondents: 3.
    Estimated number of responses per respondent: 139.
    Estimated annual number of responses: 416.
    Estimated total annual burden on respondents: 232.
    (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) 851-2727. 
APHIS will respond to any ICR-related comments in the final rule. All 
comments will also become a matter of public record.

E-Government Act Compliance

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

List of Subjects in 7 CFR Part 319

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

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

PART 319--FOREIGN QUARANTINE NOTICES

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

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

0
2. In Sec.  319.37-8, paragraph (e) is amended as follows:
0
a. In the introductory text, by adding a new entry for ``Cymbidium spp, 
from the Republic of Korea'' in alphabetical order and revising the 
entry for Phalaenopsis spp.; and
0
b. By revising paragraph (e)(2)(xiii).
    The addition and revisions read as follows:


Sec.  319.37-8  Growing media.

* * * * *
    (e) * * *
    Cymbidium spp. from the Republic of Korea
* * * * *
    Phalaenopsis spp. from Taiwan, the People's Republic of China, and 
the Republic of Korea.
* * * * *
    (2) * * *
    (xiii) Plants for planting of Phalaenopsis spp. from the People's 
Republic of China and Phalaenopsis spp. and Cymbidium spp. from the 
Republic of Korea may only be imported into the continental United 
States, and may not be imported or moved into Hawaii or the territories 
of the United States.
* * * * *

    Done in Washington, DC, this 9th day of August 2016.
Jere L. Dick,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-19224 Filed 8-11-16; 8:45 am]
BILLING CODE 3410-34-P