[Federal Register Volume 86, Number 104 (Wednesday, June 2, 2021)]
[Notices]
[Pages 29548-29550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11559]



[[Page 29548]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2018-0066]


Notice of Decision To Add Taxa of Plants for Planting That Are 
Quarantine Pests or Hosts of Quarantine Pests to the Lists of Plants 
for Planting Whose Importation Is Not Authorized Pending Pest Risk 
Analysis

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public of our decision to add 26 taxa of 
plants for planting that are quarantine pests (weeds), all Myrtaceae 
taxa (when destined to Hawaii), and 43 other taxa of plants for 
planting that are hosts of 17 quarantine pests, to our lists of plants 
for planting whose importation is now not authorized pending pest risk 
analysis. A previous notice made datasheets available for public 
comment that listed the evidence we used to determine that the taxa are 
quarantine pests or hosts of quarantine pests. This notice responds to 
the comments we received and announces final versions of the 
datasheets.

DATES: The changes to the lists will be made on July 2, 2021.

FOR FURTHER INFORMATION CONTACT: Dr. Indira Singh, Botanist, Plants for 
Planting Policy, IRM, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, 
MD 20737-1236; [email protected]; (301) 851-2020.

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 to prevent the introduction of quarantine pests 
into the United States. Quarantine pest is defined in Sec.  319.37-1 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.
    The regulations in Sec.  319.37-4(a) provide for the listing of 
plants for planting whose importation is not authorized pending pest 
risk analysis (NAPPRA) in order to prevent the introduction of 
quarantine pests into the United States. Those regulations establish 
two lists of taxa whose importation is NAPPRA: A list of taxa of plants 
for planting that are quarantine pests, and a list of taxa of plants 
for planting that are hosts of quarantine pests. Paragraph (b) of Sec.  
319.37-4 describes the process for adding plant taxa to the NAPPRA 
category.
    In accordance with that process, on November 25, 2019, we published 
in the Federal Register (84 FR 64825-64826, Docket No. APHIS-2018-0066) 
a notice \1\ that announced our determination that 26 taxa of plants 
for planting are quarantine pests, and that all Myrtaceae taxa (when 
destined to Hawaii) and 43 other taxa of plants for planting are hosts 
of 18 \2\ quarantine pests. The notice also made available datasheets 
that detail the scientific evidence we evaluated in making the 
determination that the taxa are quarantine pests or hosts of a 
quarantine pest and are being added to the NAPPRA category.
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    \1\ To view the notice, datasheets, and comments we received, go 
to www.regulations.gov and enter APHIS-2018-0066 in the Search 
field.
    \2\ The number of pests in the initial notice was 18, but is 17 
in this notice, as the Bambusoideae taxa was subsequently removed 
from the quarantine pest list for reasons explained in this notice.
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    We solicited comments concerning the notice and the datasheets for 
60 days ending January 24, 2020, and extended the deadline for comments 
until February 25, 2020. We received 132 comments from producers, 
importers, industry groups, conservationists, scientists, plant 
pathologists, ecologists, administrators, teachers, students, and 
private citizens. This notice responds to the comments we received and 
announces the final versions of the datasheets.
    Most commenters supported our addition of Myrtaceae \3\ propagative 
material to Hawaii to the NAPPRA list because of the risk posed to 
important tree species, particularly ohi'a (Metrosideros polymorpha), 
which is part of the native ecosystem and provides habitat for 
threatened and endangered animal species. Most commenters expressed no 
concerns with the other taxa we proposed to add to the NAPPRA list. 
Commenter concerns are addressed below by topic.
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    \3\ Myrtaceae is a host of Austropuccinia psidii, which is a 
quarantine pest only for the State of Hawaii.
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NAPPRA Lists

    One commenter stated that Crocosmia, Pterocarya, Tectona, Cassia, 
Abies, and many other species that APHIS designates as NAPPRA do not 
appear on the APHIS NAPPRA website and that the only place where plant 
taxa are designated as NAPPRA is in the USDA Plants for Planting 
Manual. The commenter suggested that APHIS make a comprehensive list of 
all NAPPRA plants, with pests of concern for each, so that the reasons 
why a previously approved plant can no longer come in are made clear to 
the public.
    All NAPPRA plants are listed in chapter 6 of the USDA Plants for 
Planting Manual. The APHIS website also lists the NAPPRA weeds and 
hosts of quarantine pests of Round 1, Round 2, and Round 3.\4\ A 2018 
final rule \5\ moved about 120 plant genera, including Abies, Cassia, 
Crocosmia, Poaceae, and all herbaceous Fabaceae from the Prohibited 
List in Sec.  319.37-2(a) to the NAPPRA category. We intend to update 
our APHIS website to have a complete list of taxa restricted through 
NAPPRA notices.
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    \4\ The NAPPRA lists can be viewed at https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/permits/plants-and-plant-products-permits/plants-for-planting/ct_nappra.
    \5\ 83 FR 11845-11867, Docket No. APHIS-2008-0011.
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    Another commenter noted that hosts cited in a 2013 Asian longhorned 
beetle (ALB)/citrus longhorned beetle (CLB) Federal Order \6\ were 
included in a revised Federal Order but not added to the NAPPRA tables 
on the APHIS website.
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    \6\ DA-2013-18, ``Importation of Host Material of Anoplophora 
chinensis and A. glabripennis,'' May 9, 2013.
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    The commenter is correct. The 2013 ALB/CLB Federal Order added 
Cunninghamia, Pterocarya, and Tectona as hosts of Anoplophora 
chinensis. We will update the Round 1 table on the APHIS website 
accordingly.
    One commenter suggested that APHIS go to ports where non-native 
invasive species are likely to enter the United States and locate and 
remove all such pests 500 acres inland from the site. The commenter 
stated that this ``Early Detection and Rapid Response (EDRR)'' has been 
successful in the past.
    The purpose of EDRR is to detect, identify, assess, and make a 
rapid response to verified new domestic infestations that are 
determined to be invasive. The purpose of listing plants on NAPPRA is 
to prevent entry of unwanted plants and pests at United States ports of 
entry. Domestic issues involving new invasive species are therefore 
beyond the scope of this NAPPRA notice.

NAPPRA Exemptions

    In some cases, APHIS exempts imports of plants that are hosts of 
quarantine pests from NAPPRA

[[Page 29549]]

requirements when there is significant trade of that plant between the 
exporting country and the United States. We allow such importation 
based on inspection findings indicating that the imported plants are 
generally pest free and from which the risk of introducing quarantine 
pests is low.
    One commenter stated that Canada should be exempt from NAPPRA 
requirements for imports of Cestrum spp. and Gynura spp. on the basis 
of existing significant trade between Canada and the United States. The 
commenter cited import data indicating the number of plants exported to 
the United States under the US/Canada Greenhouse Grown Plant 
Certification Program.
    Based on the information cited by the commenter, we have determined 
that Canada meets the threshold for significant trade with the United 
States and is exempt from NAPPRA requirements for Cestrum spp. and 
Gynura spp.
    Similarly, a commenter stated that Guatemala should be exempt from 
NAPPRA requirements for Zea spp. seeds based on significant trade with 
the United States. Another commenter provided import data for 
Pennisetum glaucum (Cenchrus americanus) millet seeds from Chile and 
requested a significant trade exemption from NAPPRA requirements for 
this commodity.
    Based upon significant trade history documented by the United 
States importers and provided by the national plant protection 
organization of Guatemala since the publication of the notice \7\ in 
the Federal Register on June 19, 2017, we agree with the commenter and 
have determined that Zea spp. from Guatemala meets the threshold to be 
considered exempt from NAPPRA listing. As is the case with Zea spp., 
additional documentation from United States importers (and confirmed by 
APHIS data) has demonstrated significant trade history of Pennisetum 
glaucum seeds from Chile. Therefore, as stated in the notice we 
published on November 25, 2019,\8\ we are exempting Pennisetum glaucum 
from Chile and Zea spp. from Guatemala from NAPPRA restrictions.
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    \7\ 82 FR 27786-27792, Docket No. APHIS-2012-0076.
    \8\ 84 FR 64825-64826, Docket No. APHIS-2018-0066.
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    One commenter asked APHIS to allow for the opportunity to have the 
NAPPRA lists reviewed if the industry subsequently finds and can 
document that a history of significant trade exists between the 
exporting country and the United States.
    If data can be provided for significant trade between the United 
States and the exporting country, we will re-evaluate the NAPPRA status 
of the taxon for that country.

Imports of Myrtaceae Cut Flowers and Greenery Into Hawaii

    Many commenters stated that restrictions on Myrtaceae cut flowers 
and greenery are also needed for effective protection of Hawaii, and 
that port-of-entry inspections have not been successful in saving 
Hawaii from the introduction of pests and pathogens.
    Some commenters noted that cut foliage can transmit plant diseases 
and that its importation into Hawaii constitutes a gap with respect to 
phytosanitary protection. One such commenter noted that cut greens are 
suspected to have been the original pathway for Austropuccinia psidii 
to enter Hawaii, adding that the disease has been intercepted by State 
inspectors on greenery shipped from Florida.
    APHIS understands that cut flowers and greenery are a potential 
pathway for the entry of several pests and pathogens. While imported 
plants that pose a threat to Hawaii will be added to the NAPPRA lists, 
cut flowers and greenery are not regulated under ``Subpart H--Plants 
for Planting,'' but rather a different subpart, ``Subpart P--Cut 
Flowers,'' and are thus outside the scope of this notice. Separate 
regulatory action is required to address that pathway.
    A commenter noted that we did not propose to add Ceratocystis 
lukuohia and Ceratocystis huliohia to NAPPRA. The commenter added that 
these pests are killing ohi'a trees in Hawaii and asked that APHIS 
publish a new proposal to add these species to the list.
    When a plant taxon is placed on NAPPRA, its importation becomes 
restricted. While our determination to list Myrtaceae in NAPPRA was 
based on it being a host of myrtle rust (Austropuccinia psidii), we 
will base future decisions on pest risk assessments that address all 
quarantine pests and pathogens associated with Myrtaceae, including 
Ceratocystis spp.

Potential Economic Effects

    Two commenters in the State of Hawaii expressed concern that the 
addition of the Myrtaceae family to the NAPPRA list would have a 
negative impact on their floral businesses.
    One commenter, a wholesale flower importer, stated that local farms 
are unable to provide the volume that the industry requires, and that 
insufficient time exists for the floral industry in Hawaii to prepare 
for the proposed changes. Another commenter representing a flower 
bouquet business asked us to reconsider listing Eucalyptus, a member of 
the Myrtaceae family, under NAPPRA for plants destined for Hawaii.
    The underlying principle of the NAPPRA lists is to safeguard U.S. 
agriculture with the least possible effect on trade. While the addition 
of taxa to the NAPPRA lists may make it more difficult for Hawaiian 
business to obtain Myrtaceae plants from other countries, the economic 
impact is outweighed by the potentially devastating effects of 
introducing quarantine pests into Hawaii on agriculture, forests, and 
endangered species. We also note that the commenters' primary concern 
was not with NAPPRA, but with parallel restrictions imposed by the 
State of Hawaii on the interstate movement of Myrtaceae plants into 
Hawaii from other State and territories.
    Another commenter urged APHIS to consider broader bans of living 
plant material to and from Hawaii. With the ongoing introduction of new 
plants, insects, and pathogens into Hawaii, the commenter stated that 
the current framework and methodology for inspecting imported and 
exported plant materials is untenable.
    We are making no changes based on the comments, as we consider the 
current framework for inspections adequate to manage phytosanitary 
risk. Taxa added to the NAPPRA list are only prohibited entry to the 
United States if they are determined to be quarantine pests or until a 
pest risk analysis is conducted that has identified appropriate 
mitigation measures to prevent the introduction of quarantine pests for 
which they are hosts.

Bambusoideae

    We are removing the Poaceae subfamily Bambusoideae taxa from the 
NAPPRA quarantine pest list as the subfamily is already regulated under 
NAPPRA for Ustilago sharaiana and other quarantine pests.

General Comments

    One commenter noted that some of the plant taxa included in the 
proposal that APHIS names as being vulnerable to various pests or 
pathogens are invasive in the United States, namely Syzygium jambos, 
Bambusoideae, and Euonymus, and asked if this is an appropriate 
priority.
    The commenter's concern about Syzygium jambos and Euonymus being 
invasive has been addressed through restricting their importation into 
the United States by listing them as

[[Page 29550]]

NAPPRA. Bambusoideae has been deleted from this notice as it is already 
regulated under NAPPRA.
    A commenter stated that the NAPPRA listing of Elm mottle virus 
(EMoV) does not clarify whether the purpose is to protect North 
American elm species or other hosts, such as hydrangea and lilac.
    The listing of EMoV is for all hosts, including lilac (Syringa), 
which is listed in this notice, and Hydrangea, which is already on the 
NAPPRA list.

Comment Period

    A commenter needed more time to develop a response and requested 
that we extend the comment period.
    We extended the comment period for an additional 30 days.
    Therefore, in accordance with the regulations in Sec.  319.37-4, we 
are adding 26 taxa of plants for planting that are quarantine pests 
(weeds), and all Myrtaceae taxa (when destined to Hawaii) and 43 other 
taxa of plants for planting that are hosts of 17 quarantine pests whose 
importation is now NAPPRA. We are exempting Zea spp. from Guatemala, 
Pennisetum glaucum (syn. Cenchrus americanus) from Chile, and Gynura 
spp. and Cestrum spp. from Canada from the NAPPRA listing. We are also 
adding Jasminum spp. plants for planting from South Africa to NAPPRA, 
and Catharanthus spp. plants for planting from Canada to NAPPRA.
    A complete list of taxa added to the NAPPRA list and the 
restrictions placed on their importation can be found on the APHIS 
website at https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/permits/plants-and-plant-products-permits/plants-for-planting/ct_nappra.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this rule 
as not a major rule, as defined by 5 U.S.C. 804(2).

    Authority: 7 U.S.C. 1633 and 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 27th day of May 2021.
Mark Davidson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2021-11559 Filed 6-1-21; 8:45 am]
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