[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Notices]
[Pages 41875-41876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13674]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2021-0037]


Notice of Decision To Authorize the Importation of Fresh Leaves 
and Stems of Garland Chrysanthemum From Mexico Into the Continental 
United States, Hawaii, Puerto Rico, and the U.S. Virgin Islands

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public of our decision to authorize the 
importation into the continental United States, Hawaii, Puerto Rico, 
and the U.S. Virgin Islands of fresh leaves and stems of Garland 
Chrysanthemum (Glebionis coronarium) from Mexico. Based on the findings 
of a pest risk analysis, which we made available to the public for 
review and comment through a previous notice, we have determined that 
the application of one or more designated phytosanitary measures will 
be sufficient to mitigate the risks of introducing or disseminating 
plant pests or noxious weeds via the importation of fresh leaves and 
stems of Garland Chrysanthemum from Mexico.

DATES: Imports may be authorized beginning June 28, 2023.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 
851-2352; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Under the regulations in ``Subpart L--Fruits and Vegetables'' (7 
CFR 319.56-1 through 319.56-12, 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 fruits and vegetables into the United States from certain parts of 
the world to prevent plant pests from being introduced into and spread 
within the United States.
    Section 319.56-4 of the regulations contains a performance-based 
process for approving the importation of commodities that, based on the 
findings of a pest risk analysis, can be safely imported subject to one 
or more of the designated phytosanitary measures listed in paragraph 
(b) of that section. Under that process, APHIS proposes to authorize 
the importation of a fruit or vegetable into the United States if, 
based on findings of a pest risk analysis, we determine that the 
measures can mitigate the plant pest risk associated with the 
importation of that fruit or vegetable. APHIS then publishes a notice 
in the Federal Register announcing the availability of the pest risk 
analysis that evaluates the risks associated with the importation of a 
particular fruit or vegetable. Following the close of the 60-day 
comment period, APHIS will issue a subsequent Federal Register notice 
announcing whether or not we will authorize the importation of the 
fruit or vegetable subject to the phytosanitary measures specified in 
the notice.
    In accordance with that process, we published a notice \1\ in the 
Federal Register on October 19, 2021 (86 FR 57802-57803, Docket No. 
APHIS-2021-0037), in which we announced the availability, for review 
and comment, of a pest risk analysis that evaluated the risks 
associated with the importation of fresh leaves and stems of Garland 
Chrysanthemum (Glebionis coronarium) from Mexico into the continental 
United States, Hawaii, Puerto Rico, and the U.S. Virgin Islands. The 
pest risk analysis consisted of a pest risk assessment identifying 
pests of quarantine significance that could follow the pathway of 
importation of fresh leaves and stems of Garland Chrysanthemum from 
Mexico into the continental United States, Hawaii, Puerto Rico, and the 
U.S. Virgin Islands and a risk management document identifying 
phytosanitary measures to be applied to that commodity to mitigate the 
pest risk.
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    \1\ To view the notice, the pest risk analysis, and the comments 
we received, go to www.regulations.gov. Enter APHIS-2021-0037 in the 
Search field.
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    We solicited comments on the notice for 60 days ending on December 
20, 2021. We received 26 comments by that date. Of these, 25 supported 
the importation of chrysanthemum leaves and stems for consumption 
without further comment or request for modification.
    One commenter noted that Garland Chrysanthemum is already 
authorized for importation from Mexico as a cut flower if it is 
accompanied by a phytosanitary certificate that has been issued by the 
national plant protection organization of Mexico and attests to the 
Garland Chrysanthemum's freedom from Puccinia horiana, the causal agent 
of Chrysanthemum White Rust. The commenter further noted that parts 
that may be imported include leaves and stems. In light of this 
existing authorization, the commenter questioned why the notice was 
necessary.
    The regulations governing the importation of cut flowers into the 
United States are found in 7 CFR 319.74-1 through 319.74-4 (subpart P). 
These regulations do not pertain to imported plant parts intended for 
consumption. If the commodity is intended for consumption, it is 
governed by the regulations in subpart L that are referenced above in 
this notice. Separate authorization based on the intended use of the 
plant part is warranted because the intended use of

[[Page 41876]]

a plant part may increase or decrease the risk that it presents of 
introducing plant pests or noxious weeds into the United States.
    Therefore, in accordance with the regulations in Sec.  319.56-
4(c)(3)(iii), we are announcing our decision to authorize the 
importation of fresh leaves and stems of Garland Chrysanthemum 
(Glebionis coronarium) from Mexico into the continental United States, 
Hawaii, Puerto Rico, and the U.S. Virgin Islands subject to the 
phytosanitary measures specified in the RMD that accompanied the 
initial notice.
    These conditions will be listed in the USDA, APHIS Agricultural 
Commodity Import Requirements (ACIR) database (https://acir.aphis.usda.gov/s/).\2\ In addition to these specific measures, 
each shipment will be subject to the general requirements listed in 
Sec.  319.56-3 that are applicable to the importation of all fruits and 
vegetables.
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    \2\ On September 30, 2022, the APHIS Fruits and Vegetables 
Import Requirements (FAVIR) database was replaced by the ACIR 
database.
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Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the recordkeeping and burden requirements associated 
with this action are included under the Office of Management and Budget 
control number 0579-0049.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E- Government 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 notice, please contact Mr. 
Joseph Moxey, APHIS' Paperwork Reduction Act Coordinator, at (301) 851-
2483.

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 action 
as not a major rule, as defined by 5 U.S.C. 804(2).
    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 20th day of June 2023.
Michael Watson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2023-13674 Filed 6-27-23; 8:45 am]
BILLING CODE 3410-34-P