[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Notices]
[Pages 20323-20324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09511]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2018-0068]


Importation of Dianthus spp. From Kenya

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are notifying the public that we propose to make changes to 
the import requirements in the U.S. Department of Agriculture (USDA) 
Plants for Planting Manual for imports of Dianthus spp. (carnation) 
cuttings from Kenya. Currently, Dianthus spp. cuttings from Kenya 
require mandatory postentry quarantine within the United States. We are 
proposing to allow Dianthus spp. cuttings from Kenya to be imported 
into the United States without postentry quarantine, subject to certain 
conditions. These changes to the USDA Plants for Planting Manual would 
relieve restrictions on Dianthus spp. cuttings from Kenya while 
continuing to address the possible introduction of quarantine pests 
through the importation of such cuttings. We are making these changes 
available to the public for review and comment.

DATES: We will consider all comments that we receive on or before July 
8, 2019.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2018-0068.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2018-0068, 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-2018-
0068 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: Ms. Lydia E. Col[oacute]n, Senior 
Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road, Unit 133, 
Riverdale, MD 20737-1236; (301) 851-2302.

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart H--Plants for Planting'' (7 CFR 
319.37-1 through 319.37-23, referred to below as the regulations), the 
Animal and Plant Health Inspection Service (APHIS) of the U.S. 
Department of Agriculture (USDA) prohibits or restricts the importation 
of plants for planting (including living plants, plant parts, seeds, 
and plant cuttings) to prevent the introduction of quarantine pests 
into the United States. Quarantine pest is defined in Sec.  319.37-2 as 
a plant pest or noxious weed that is of potential economic importance 
to the United States and not yet present in the United States, or 
present but not widely distributed and being officially controlled. In 
accordance with Sec.  319.37-20, APHIS may impose quarantines and other 
restrictions on the importation of specific types of plants for 
planting. These restrictions are listed in the USDA Plants for Planting 
Manual.\1\
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    \1\ https://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/plants_for_planting.pdf.
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    In a final rule \2\ published in the Federal Register on March 19, 
2018 (83 FR 11845-11867, Docket No. APHIS-2008-0011), and effective on 
April 18, 2018, we amended the regulations so that restrictions on the 
importation of certain types of plants for planting would be included 
in the USDA Plants for Planting Manual instead of the regulations, 
meaning that changes to specific restrictions on plants for planting 
are no longer made through rulemaking. Under Sec.  319.37-20, if APHIS 
determines it is necessary to add, change, or remove restrictions on 
the importation of a specific type of plant for planting, we will 
publish in the Federal Register a notice that announces the proposed 
change and invites public comment.
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    \2\ The proposed and final rules, supporting documents, and 
comments can be viewed at https://www.regulations.gov/docket?D=APHIS-2008-0011.
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    The USDA Plants for Planting Manual currently requires Dianthus 
spp. (carnation) cuttings to be held in postentry quarantine for 1 year 
following their importation into the United States, unless they 
originate

[[Page 20324]]

from Canada, Great Britain, or the Netherlands. Canadian Dianthus spp. 
cuttings are generally exempt from postentry quarantine, while Dianthus 
spp. cuttings from Great Britain or the Netherlands are exempt from 
postentry quarantine provided that they are grown under certain 
conditions.
    The national plant protection organization (NPPO) of Kenya 
requested that we revise the USDA Plants for Planting Manual to also 
allow the importation of Dianthus spp. cuttings from Kenya without 
postentry quarantine. In response to this request, we prepared a 
commodity import evaluation document (CIED) that evaluates the request 
in light of the plant pest risk associated with the importation of 
Dianthus spp. cuttings from Kenya.
    Based on the CIED, we are proposing to allow Dianthus spp. cuttings 
from Kenya to be imported into the United States without postentry 
quarantine, provided that:
     The cuttings are grown in a greenhouse that is registered 
with the NPPO of Kenya and that operates under an agreement with the 
NPPO.
     The NPPO maintains a list of registered growers and 
provides them to APHIS at least annually.
     The production site incorporates safeguards to prevent the 
entry of arthropod pests including, but not necessarily limited to, 
insect proof screening over openings and self-closing double or 
airlock-type doors.
     Blacklight traps are maintained for at least 1 year 
following construction of the production site, registration of the 
site, replacement of the covering of the production site, or discovery 
and repair to any rips or tears in the covering of the production site.
     Any rips or tears are repaired immediately.
     In the event of detection of quarantine pests in a 
production site, the site will not be allowed to export until 
appropriate control measures approved by the NPPO are taken and their 
effectiveness verified by APHIS.
     Plants destined for export to the United States are 
produced in a production site devoted solely to production of such 
plants.
     Parental stock from which the plants intended for 
importation derive are inspected and found free of the fungus 
Phialophora cinerescens, and indexed and found free of Carnation etched 
ring virus and Carnation necrotic fleck virus.
     At least once monthly for the 4 months prior to the 
cuttings' export to the United States, the production site is visually 
inspected for Spodoptera littoralis (cotton leaf worm), Helicoverpa 
armigera (Old World bollworm), Agrotis segetum (turnip moth), 
Epichoristodes acerbella (carnation tortrix), Aspidiotus nerii (a 
scale), and Chrysodeixis chalcites (a moth), as well as Phialophora 
cinerescens, Carnation etched ring virus, and Carnation necrotic fleck 
virus.
     The production site maintains records regarding 
production, indexing, inspection, and pest management, and inspectors 
from the NPPO and APHIS have access to both the production site and 
these records.
     Cuttings are accompanied by a phytosanitary certificate 
with an additional declaration that the plants were produced in a 
production site registered with the NPPO of Kenya, and that the plants 
were grown under conditions specified by APHIS to prevent infestation 
with Phialophora cinerescens, Carnation etched ring virus, Carnation 
necrotic fleck virus, Agrotis segetum, Epichoristodes acerbella, 
Helicoverpa armigera, Spodoptera littoralis, and Aspidiotus nerii.
     Cuttings are limited to commercial consignments only.
    Therefore, in accordance with Sec.  319.37-20(c), we are announcing 
the availability of our CIED for public review and comment. That 
document may be viewed on the Regulations.gov website or in our reading 
room (see ADDRESSES above for a link to Regulations.gov and information 
on the location and hours of the reading room). You may request paper 
copies of these documents by calling or writing to the person listed 
under FOR FURTHER INFORMATION CONTACT. Please refer to the subject of 
the analysis you wish to review when requesting copies.
    After we review public comments on our proposed changes to the USDA 
Plants for Planting Manual, we will publish a second notice. The second 
notice will inform the public of any changes to the import requirements 
we consider to be necessary to mitigate the entry of quarantine pests 
into the United States through the importation of Dianthus spp. 
cuttings from Kenya.

    Authority:  7 U.S.C. 1633, 7701-7772, and 7781-7786; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 3rd day of May 2019.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2019-09511 Filed 5-8-19; 8:45 am]
 BILLING CODE 3410-34-P