[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Rules and Regulations]
[Pages 11395-11397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05267]



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 Rules and Regulations
                                                 Federal Register
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 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 
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  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.

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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).
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    \1\ To view the proposed rule, supporting documents, and the 
comments we received, go to https://www.regulations.gov/docket?D=APHIS-2016-0051.
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    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