[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Proposed Rules]
[Pages 13890-13892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5965]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / 
Proposed Rules

[[Page 13890]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2010-0005]
RIN 0579-AD36


Importation of Bromeliad Plants in Growing Media From Belgium, 
Denmark, and the Netherlands

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations governing the 
importation of plants and plant products to add Bromeliad plants of the 
genera Aechmea, Cryptanthus, Guzmania, Hohenbergia, Neoregelia, 
Tillandsia, and Vriesea from Belgium, Denmark, and the Netherlands to 
the list of plants that may be imported into the United States in an 
approved growing medium, subject to specified growing, inspection, and 
certification requirements. We are taking this action in response to 
requests from those three countries and after determining that the 
plants could be imported, under certain conditions, without resulting 
in the introduction into, or the dissemination within, the United 
States of a plant pest or noxious weed.

DATES: We will consider all comments that we receive on or before May 
16, 2011.

ADDRESSES: You may submit comments by either of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0005 to submit or view comments and 
to view supporting and related materials available electronically.
    <bullet> Postal Mail/Commercial Delivery: Please send one copy of 
your comment to Docket No. APHIS-2010-0005, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2010-0005.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room 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) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Mr. William Aley, Senior Import 
Specialist, Commodity Import Analysis and Operations, PPQ, APHIS, 4700 
River Road, Unit 133, Riverdale, MD 20737-1236; (301) 734-5057.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR part 319 prohibit or restrict the 
importation into the United States of certain plants and plant products 
to prevent the introduction of plant pests and noxious weeds. The 
regulations in ``Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, 
and Other Plant Products,'' Sec. Sec.  319.37 through 319.37-14 
(referred to below as the regulations) contain, among other things, 
prohibitions and restrictions on the importation of plants, plant 
parts, and seeds for propagation.
    Paragraph (a) of Sec.  319.37-8 of the regulations requires, with 
certain exceptions, that plants offered for importation into the United 
States be free of sand, soil, earth, and other growing media. This 
requirement is intended to help prevent the introduction of plant pests 
that might be present in the growing media; the exceptions to the 
requirement take into account factors that mitigate that plant pest 
risk. Those exceptions, which are found in paragraphs (b) through (e) 
of Sec.  319.37-8, consider either the origin of the plants and growing 
media (paragraph (b)), the nature of the growing media (paragraphs (c) 
and (d)), or the use of a combination of growing conditions, approved 
media, inspections, and other requirements (paragraph (e)).
    Paragraph (e) of Sec.  319.37-8 provides conditions under which 
certain plants established in growing media may be imported into the 
United States. In addition to specifying the types of plants that may 
be imported, Sec.  319.37-8(e) also:
    <bullet> Specifies the types of growing media that may be used;
    <bullet> Requires plants to be grown in accordance with written 
agreements between the Animal and Plant Health Inspection Service 
(APHIS) and the plant protection service of the country where the 
plants are grown and between the foreign plant protection service and 
the grower;
    <bullet> Requires the plants to be rooted and grown in a greenhouse 
that meets certain requirements for pest exclusion and that is used 
only for plants being grown in compliance with Sec.  319.37-8(e);
    <bullet> Restricts the source of the seeds or parent plants used to 
produce the plants, and requires grow-out or treatment of parent plants 
imported into the exporting country from another country;
    <bullet> Specifies the sources of water that may be used on the 
plants, the height of the benches on which the plants must be grown, 
and the conditions under which the plants must be stored and packaged; 
and
    <bullet> Requires that the plants be inspected in the greenhouse 
and found free of evidence of plant pests no more than 30 days prior to 
the exportation of the plants.
    A phytosanitary certificate issued by the plant protection service 
of the country in which the plants were grown that declares that the 
above conditions have been met must accompany the plants at the time of 
importation. These conditions have been used successfully to mitigate 
the risk of pest introduction associated with the importation into the 
United States of approved plants established in growing media.
    Currently, Bromeliad plants of the genera Aechmea, Cryptanthus, 
Guzmania, Hohenbergia, Neoregelia, Tillandsia, and Vriesea may only be 
imported into the United States as bare root plants, in accordance with 
Sec.  319.37-2. The Governments of Belgium, Denmark, and the 
Netherlands have requested that importation into the

[[Page 13891]]

United States of those plants be allowed under the provisions of Sec.  
319.37-8.
    The regulations in Sec.  319.37-8(g) provide that requests such as 
those made by the Governments of Belgium, Denmark, and the Netherlands 
be evaluated by APHIS using specific pest risk evaluation standards 
that are based on pest risk analysis guidelines established by the 
International Plant Protection Convention of the United Nations' Food 
and Agriculture Organization. Such analyses are conducted to determine 
the plant pest risks associated with each requested plant article and 
to determine whether or not APHIS should propose to allow the requested 
plant article established in growing media to be imported into the 
United States.
    In accordance with Sec.  319.37-8(g), APHIS has conducted the 
required pest risk analysis. The pest risk analysis can be viewed on 
the Internet on the Regulations.gov Web site or in our reading room.\1\
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    \1\ Instructions on accessing Regulations.gov and information on 
the location and hours of the reading room may be found at the 
beginning of this document under ADDRESSES. You may also request 
paper copies of the risk analysis by calling or writing the person 
listed under FOR FURTHER INFORMATION CONTACT.
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    In the pest risk analysis, titled ``Importation of Aechmea, 
Cryptanthus, Guzmania, Hohenbergia, Neoregelia, Tillandsia, and Vriesea 
in Growing Media, into the United States from Belgium, Denmark, and the 
Netherlands,'' APHIS determined that there was only one quarantine pest 
that could potentially follow the import pathway: Fusarium oxysporum f. 
sp. aechmeae, which is present in Belgium. This organism was determined 
to have a low pest risk potential. The pest risk analysis therefore 
concluded that the safeguards in Sec.  319.37-8(e) would allow the safe 
importation of Aechmea, Cryptanthus, Guzmania, Hohenbergia, Neoregelia, 
Tillandsia, and Vriesea into the United States from Belgium, Denmark, 
and the Netherlands.
    Under section 412(a) of the Plant Protection Act, the Secretary of 
Agriculture may prohibit or restrict the importation and entry of any 
plant or plant product if the Secretary determines that the prohibition 
or restriction is necessary to prevent the introduction into the United 
States or the dissemination within the United States of a plant pest or 
noxious weed.
    The Secretary has determined that it is not necessary to prohibit 
the importation from Belgium, Denmark, and the Netherlands of Aechmea, 
Cryptanthus, Guzmania, Hohenbergia, Neoregelia, Tillandsia, and 
Vriesea, provided that the plants are established in an approved 
growing medium and meet all other applicable conditions of Sec.  
319.37-8(e). This determination is based on the findings of the pest 
risk analysis and the Secretary's judgment that the application of the 
measures required under Sec.  319.37-8(e) will prevent the introduction 
or dissemination of plant pests into the United States.
    Accordingly, we are proposing to amend the regulations in Sec.  
319.37-8(e) by adding Aechmea, Cryptanthus, Guzmania, Hohenbergia, 
Neoregelia, Tillandsia, and Vriesea from Belgium, Denmark, and the 
Netherlands to the list of plants established in an approved growing 
medium that may be imported into the United States. The plants would 
have to be produced, handled, and imported in accordance with the 
requirements of Sec.  319.37-8(e) and be accompanied at the time of 
importation by a phytosanitary certificate issued by the plant 
protection service of the country in which the plants were grown that 
declares that those requirements have been met.

Miscellaneous

    In ``Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other 
Plant Products,'' the footnotes are out of sequence. Currently, there 
is no footnote 7, and there are two footnotes 11. To correct these 
errors, we would redesignate some footnotes and revise one of them. 
Current footnotes 8 and 9 would be redesignated as 7 and 8, 
respectively. In Sec.  319.37-8(e), current footnote 10, which 
indicates that Bromeliads imported into Hawaii are subject to postentry 
quarantine in accordance with Sec.  319.37-7, would be redesignated as 
footnote 9. As Bromeliads, Aechmea, Cryptanthus, Guzmania, Hohenbergia, 
Neoregelia, Tillandsia, and Vriesea imported into Hawaii from Belgium, 
Denmark, or the Netherlands would be subject to the same postentry 
quarantine requirement. Our proposed new entry to the list in Sec.  
319.37-8(e) would therefore include a new footnote 10 that would refer 
the reader back to newly redesignated footnote 9. Current footnote 11 
in Sec.  319.37-8(e) also refers the reader back to the footnote 
pertaining to postentry quarantine. We would revise footnote 11 to 
refer the reader to newly redesignated footnote 9, rather than to 
footnote 10, as it currently does. Finally, a footnote in Sec.  319.37-
13(a), now also designated, incorrectly, as footnote 11, would be 
redesignated as footnote 12.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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.
    In accordance with 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this proposed 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 Web site (see 
ADDRESSES above for instructions for accessing Regulations.gov).
    Based on the information we have, there is no reason to conclude 
that adoption of this proposed rule would result in any significant 
economic effect on a substantial number of small entities. However, we 
do not currently have all of the data necessary for a comprehensive 
analysis of the effects of this proposed rule on small entities. 
Therefore, we are inviting comments on potential effects. In 
particular, we are interested in determining the number and kind of 
small entities that may incur benefits or costs from the implementation 
of this proposed rule.
    This proposed rule would amend the regulations governing the 
importation of plants and plant products by adding Aechmea, 
Cryptanthus, Guzmania, Hohenbergia, Neoregelia, Tillandsia, and Vriesea 
from Belgium, Denmark, and the Netherlands to the list of plants 
established in an approved growing medium that may be imported into the 
United States, subject to certain conditions.
    APHIS does not expect the proposed rule to have a significant 
economic impact on a substantial number of small entities, as there are 
believed to be relatively few U.S. producers of Bromeliad plants, the 
entities who stand to be affected most by the rule. The initial 
regulatory flexibility analysis describes the proposed rule's expected 
small-entity impact and specifically seeks public comment on that 
expected impact, as only limited data were available for analysis. Most 
U.S. growers of Bromeliad plants are likely to be small entities under 
the Small Business Administration's standards.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with

[[Page 13892]]

this rule will be preempted; (2) no retroactive effect will be given to 
this rule; and (3) administrative proceedings will not be required 
before parties may file suit in court challenging this rule.

National Environmental Policy Act

    To provide the public with documentation of APHIS' review and 
analysis of any potential environmental impacts associated with the 
importation of plants of the genera Aechmea, Cryptanthus, Guzmania, 
Hohenbergia, Neoregelia, Tillandsia and Vriesea, of the family 
Bromeliaceae, from Belgium, Denmark, and the Netherlands, we have 
prepared an environmental assessment. The environmental assessment was 
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 may be viewed on the Regulations.gov 
Web site or in our reading room. (A link to Regulations.gov and 
information on the location and hours of the reading room are provided 
under the heading ADDRESSES at the beginning of this proposed rule.) In 
addition, copies may be obtained by calling or writing to the 
individual listed under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

    This proposed rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

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 propose to amend 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

    1. The authority citation for part 319 continues to read as 
follows:

    Authority:  7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.


Sec.  319.37-6  [Amended]

    2. In Sec.  319.37-6, footnote 8 is redesignated as footnote 7


Sec.  319.37-7  [Amended]

    3. In Sec.  319.37-7, footnote 9 is redesignated as footnote 8.


Sec.  319.37-13  [Amended]

    4. In Sec.  319.37-13, footnote 11 is redesignated as footnote 12.
    5. In Sec.  319.37-8, paragraph (e) introductory text, the list is 
amended as follows:
    a. By redesignating footnote 10 as footnote 9.
    b. By adding a new entry, in alphabetical order, to read as set 
forth below.
    c. By revising footnote 11 to read as set forth below.


Sec.  319.37-8  Growing media.

* * * * *
    (e) * * *

Bromeliad plants of the genera Aechmea, Cryptanthus, Guzmania, 
Hohenbergia, Neoregelia, Tillandsia, and Vriesea from Belgium, Denmark, 
and the Netherlands \10\
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    \10\ See footnote 9.
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* * * * *

Nidularium \11\
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    \11\ See footnote 9.
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* * * * *

    Done in Washington, DC, this 9th day of March 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-5965 Filed 3-14-11; 8:45 am]
BILLING CODE 3410-34-P