[Federal Register Volume 88, Number 73 (Monday, April 17, 2023)]
[Notices]
[Pages 23390-23391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07895]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 88, No. 73 / Monday, April 17, 2023 / 
Notices  

[[Page 23390]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2021-0081]


Deregulation of Chrysanthemum White Rust and the Importation of 
Chrysanthemum spp. Cuttings, and In Vitro Plantlets, and Synonymous 
Genera From Certain Countries Into the Continental United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public that we have prepared an economic 
evaluation (EE) relative to deregulating chrysanthemum white rust (CWR) 
fungus as a quarantine pest. Based on the conclusions of this EE, we 
are proposing that CWR would no longer be subject to eradication if 
detected domestically. Additionally, we have prepared a pest risk 
analysis regarding the importation of Chrysanthemum spp. and synonymous 
genera cuttings and in vitro plantlets under a systems approach from 
Belgium, Bolivia, Brazil, Colombia, Costa Rica, El Salvador, Ethiopia, 
Germany, Guatemala, Kenya, Mexico, the Netherlands, Nicaragua, Panama, 
Spain, Tanzania, Tunisia, Uganda, the United Kingdom, and Vietnam, 
which are all CWR-affected countries, into the continental United 
States. We have also prepared a pest risk analysis regarding the 
importation of cuttings, in vitro plantlets, and plants with roots of 
the same Chrysanthemum spp. and synonymous genera from Canada under a 
separate protocol. We are making the EE and the pest risk analyses 
available for review and comment.

DATES: We will consider all comments that we receive on or before June 
16, 2023.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and enter APHIS-2021-0081 in the Search field.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2021-0081, 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 by entering APHIS-2021-0081 in 
the Search field, or in our reading room, which is located in Room 1620 
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. Indira Singh, Senior Regulatory 
Policy Specialist, PPQ, APHIS, USDA, 4700 River Road, Unit 133, 
Riverdale, MD 20737-1236; phone: (301) 851-2020; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Chrysanthemum white rust (CWR) is a fungal disease caused by the 
basidiomycete Puccinia horiana, Henn. The Animal and Plant Health 
Inspection Service (APHIS) currently considers CWR a quarantine 
pest.\1\ Under international standards, a quarantine pest is defined as 
a pest of potential economic importance to the area endangered by it 
and not yet present there, or present but not widely distributed there 
and being officially controlled.'' \2\
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    \1\ See, e.g., Chapter 6 of the Plants for Planting Manual, 
which indicates that Chrysanthemum spp. are not authorized pending 
pest risk analysis, or NAPPRA, from countries in which CWR is known 
to exist due to CWR risk. To access the manual, go to: https://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/plants_for_planting.pdf.
    \2\ See International Standards for Phytosanitary Measures No. 
5, ``Glossary of Phytosanitary Terms'' found at https://www.fao.org/3/mc891e/mc891e.pdf.
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    Because CWR is currently considered a quarantine pest, APHIS' 
policy \3\ provides that any CWR detection domestically triggers an 
eradication protocol requiring complete destruction of symptomatic 
plants and those nearby. The policy also requires fungicidal treatments 
be applied to asymptomatic plants. Affected growers or entities bear 
the CWR eradication expense.
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    \3\ See https://www.aphis.usda.gov/plant_health/plant_pest_info/cwr/downloads/cwrplan.pdf.
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    APHIS has also placed regulatory restrictions and prohibitions on 
the importation of host material for CWR in order to prevent its 
introduction into the United States through such importation. The 
regulations in 7 CFR 319.37-1 through 319.37-23 govern the importation 
of plants for planting into the United States. Section 319.37-4 of the 
regulations provides that certain taxa of plants for planting are not 
authorized for importation into the United States pending pest risk 
analysis (NAPPRA) to prevent the introduction of quarantine pests into 
the United States.
    Currently, Chrysanthemum spp. and synonymous genera (Archanthemis 
marschalliana, Argyranthemum spp., Brachanthemum fruticulosum, 
Coleostephus multicaulis, C. myconis, Dendranthema spp., Glebionis 
spp., Heteranthemis spp., Hulteniella integrifolia, Leucanthemella 
spp., Leucanthemopsis spp., Leucanthemum spp., Mauranthemum paludosum, 
Nipponanthemum nipponicum, Nivellea nivellei, Opisthopappus 
taihangensis, Pentzia incana, Plagius spp., Rhodanthemum spp., 
Tanacetum spp., Tripleurospermum spp., and Xylanthemum spp.) cuttings 
and in vitro plantlets from Belgium, Bolivia, Brazil, Colombia, Costa 
Rica, El Salvador, Ethiopia, Germany, Guatemala, Kenya, Mexico, the 
Netherlands, Nicaragua, Panama, Spain, Tanzania, Tunisia, Uganda, the 
United Kingdom, and Vietnam are NAPPRA. They were added to the NAPPRA 
list due to the risk that such importation may pose of introducing CWR. 
Additionally, cuttings, in vitro plantlets, and plants with roots of 
the same genera from Canada are also currently NAPPRA due to CWR.
    Paragraph (e) of Sec.  319.37-4 describes the process for removing 
taxa from the NAPPRA list. After receiving a request to remove taxa 
from the NAPPRA list, APHIS will conduct a pest risk analysis (PRA) in 
response to such a request and make the PRA available for public review 
and comment. Following the close of the comment period, we will review 
all comments received and

[[Page 23391]]

announce our decision regarding the request in a subsequent notice.
    In accordance with this process, the 20 countries referenced above 
submitted a request to remove Chrysanthemum spp. and synonymous genera 
cuttings and in vitro plantlets from NAPPRA, and we prepared a pest 
list regarding the quarantine pests that could follow the pathway on 
the importation of these commodities into the continental United 
States. Likewise, the national plant protection organization of Canada 
made a similar request with regard to the importation of cuttings, in 
vitro plantlets, and plants with roots of these genera, and again, we 
prepared a pest list regarding such importation. However, because CWR 
was among the quarantine pests on these pest lists, based on 
longstanding APHIS policy, we were not able to take further action at 
the time.
    This notice announces that we have reevaluated that policy. Since 
CWR was first discovered in the United States in 1977, detections that 
reappeared several times were believed eradicated. This belief, along 
with our assumption that the economic consequences of CWR establishment 
outweighed the costs of control, undergirded our determination that CWR 
was of quarantine significance.
    Evolving biological research has indicated, however, that CWR can 
be systemic and survive in below-ground parts. Accordingly, APHIS has 
undertaken an economic evaluation (EE) that analyzes CWR's regulatory 
status in light of this evolving biological research. The EE concludes 
that the U.S. eradication policy for CWR appears to be no longer 
technically and economically justified and recommends that it no longer 
be considered of quarantine significance.
    Based on the recommendations of the EE, we are proposing to change 
APHIS policy so that CWR would no longer be considered of quarantine 
significance if detected domestically or on imported plants for 
planting.
    Based on the conclusions of the EE and the pest lists, we have 
developed a commodity import evaluation document (CIED) that recommends 
a systems approach to mitigate the quarantine pest risk associated with 
the importation of Chrysanthemum spp. and synonymous genera 
(Archanthemis marschalliana, Argyranthemum spp., Brachanthemum 
fruticulosum, Coleostephus multicaulis, C. myconis, Dendranthema spp., 
Glebionis spp., Heteranthemis spp., Hulteniella integrifolia, 
Leucanthemella spp., Leucanthemopsis spp., Leucanthemum spp., 
Mauranthemum paludosum, Nipponanthemum nipponicum, Nivellea nivellei, 
Opisthopappus taihangensis, Pentzia incana, Plagius spp., Rhodanthemum 
spp., Tanacetum spp., Tripleurospermum spp., and Xylanthemum spp.) 
cuttings and in vitro plantlets from Belgium, Bolivia, Brazil, 
Colombia, Costa Rica, El Salvador, Ethiopia, Germany, Guatemala, Kenya, 
Mexico, the Netherlands, Nicaragua, Panama, Spain, Tanzania, Tunisia, 
Uganda, the United Kingdom, and Vietnam. The CIED also proposes a 
systems approach to mitigate the quarantine pest risk associated with 
the importation of cuttings, in vitro plantlets, and plants with roots 
of these genera from Canada.
    In accordance with paragraph (e) of Sec.  319.37-4, we are 
announcing the availability of our pest lists, CIED, and EE for public 
review and comment. These documents 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 reviewing any comments that we receive, we will announce our 
decision regarding whether to no longer consider CWR a quarantine pest 
domestically and for purposes of our plants for planting regulations. 
If we determine that it should no longer be considered of quarantine 
significance, we will also announce our decision regarding the 
importation of Chrysanthemum spp. and synonymous genera (Archanthemis 
marschalliana, Argyranthemum spp., Brachanthemum fruticulosum, 
Coleostephus multicaulis, C. myconis, Dendranthema spp., Glebionis 
spp., Heteranthemis spp., Hulteniella integrifolia, Leucanthemella 
spp., Leucanthemopsis spp., Leucanthemum spp., Mauranthemum paludosum, 
Nipponanthemum nipponicum, Nivellea nivellei, Opisthopappus 
taihangensis, Pentzia incana, Plagius spp., Rhodanthemum spp., 
Tanacetum spp., Tripleurospermum spp., and Xylanthemum spp.) cuttings 
and in vitro plantlets from Belgium, Bolivia, Brazil, Colombia, Costa 
Rica, El Salvador, Ethiopia, Germany, Guatemala, Kenya, Mexico, the 
Netherlands, Nicaragua, Panama, Spain, Tanzania, Tunisia, Uganda, the 
United Kingdom, and Vietnam into the continental United States, and the 
importation of cuttings, in vitro plantlets and plants with roots for 
planting of Chrysanthemum spp. and the specified synonymous genera from 
Canada under a systems approach in a subsequent notice.
    If finalized, the requirements of the systems approach will be 
added to the Plants for Planting Manual in accordance with paragraph 
(a) of Sec.  319.37-20.
    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 7th day of April 2023.
Michael Watson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2023-07895 Filed 4-14-23; 8:45 am]
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