[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Proposed Rules]
[Pages 28015-28017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12801]


 ========================================================================
 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. 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.

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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