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Rules and Regulations Federal Register

67581 

Vol. 76, No. 212 

Wednesday, November 2, 2011 

1To view the proposed rule and the comments 

we received, go to http://www.regulations.gov/

#!docketDetail;D=APHIS-2010-0005. 

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: Final rule. 

SUMMARY: We are amending 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 can 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: Effective Date: December 2, 2011. 

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— 

Plants for Planting,’’ §§ 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 § 319.37–8 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 

§ 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 § 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, § 319.37– 

8(e) also, among other things, specifies 

the types of growing media that may be 

used. 

On March 15, 2011, we published in 

the Federal Register (76 FR 13890– 

13892, Docket No. APHIS–2010–0005) a 

proposal 1 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. The Animal and Plant 

Health Inspection Service (APHIS) took 

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. 

We solicited comments concerning 

our proposal for 60 days ending May 16, 

2011. We received eight comments by 

that date. They were from a domestic 

grower, a domestic growers’ association, 

a State Government, and two foreign 

exporters. They are discussed below by 

topic. 

The comment from the domestic 

growers’ association focused on the 

possible economic impacts of the 

proposed rule on domestic importers 

and growers of Bromeliads. The 

commenter stated that in the initial 

regulatory flexibility analysis (IRFA) 

that we made available to the public 

along with the proposed rule, we 

underestimated both the number of 

domestic nurseries that import 

Bromeliad plants from Belgium, 

Denmark, and the Netherlands and the 

potential economic impact on those 

nurseries. Noting that in the IRFA, we 

acknowledged the possibility that a few 

nurseries could be affected by the 

proposed rule to the extent that they 

would be eliminated from the marketing 

chain, the commenter stated that we 

neglected to consider the direct and 

indirect economic impacts that the 

closure of such nurseries could have on 

local economies due to the loss of jobs. 

We appreciate the additional 

information submitted by the 

commenter on the potential economic 

effects of the rule for Florida nurseries. 

We acknowledged in the IRFA that we 

did not know exactly how many U.S. 

nurseries import Bromeliad plants from 

Belgium, Denmark, and the 

Netherlands, but estimated their number 

to be no more than three. Based upon 

a survey it conducted in April 2011, the 

association represented by the 

commenter found that there are seven 

such nurseries in the State of Florida. 

We agree that these are businesses that 

will be directly affected by the rule. 

We also agree with the commenter 

that not only the nurseries that have 

been importing Bromeliad plants from 

Belgium, Denmark, and the 

Netherlands, but any nurseries that sell 

these plants may be affected by the rule. 

Importation of Bromeliad plants in 

growing media can be expected to alter 

some marketing channels, with retailers 

able to buy mature plants directly from 

European suppliers rather than rely on 


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67582 Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations 

the maturation of the plants at Florida 

nurseries. 

The commenter stated that the Florida 

nurseries surveyed by the growers’ 

association represented by the 

commenter (respondents included both 

domestic importers of Bromeliads and 

domestic Bromeliad producers) 

expected to lose as much as $6.8 million 

in Bromeliad plant sales (28.5 percent of 

their market) as a result of this 

rulemaking. The respondents further 

indicated that they would be forced to 

eliminate as many as 70 jobs (20 percent 

of their workforce). 

While there may be economic shifts as 

businesses throughout the United States 

react to the rule, we are unable to 

project authoritatively the likely size of 

the impact. APHIS does not have 

independent information regarding the 

possible magnitude of business losses 

and is not able to evaluate nurseries’ 

future workforce needs. Additionally, 

while we acknowledge the commenter’s 

concerns with regard to potential 

business losses by Florida nurseries, we 

believe that the importation of 

Bromeliad plants in growing media can 

also result in economic gains in Florida 

and elsewhere. Just as there may be 

Florida wholesale nurseries negatively 

affected, there may also be other 

businesses, such as retailers, that gain 

from the rule. There may be negative 

employment consequences of the rule 

for certain wholesale nurseries, but 

there may also be jobs created as other 

businesses expand due to new 

marketing opportunities resulting from 

the rule. 

Moreover, APHIS’ authority to 

prohibit the importation of Bromeliad 

plants in growing media from Belgium, 

Denmark, and the Netherlands is based 

on the pest risks associated with such 

imports. The Agency does not have 

statutory authority to prohibit or restrict 

the importation of plants or plant 

products on the basis of economic or 

competitive considerations. 

Another commenter stated that the 

mitigation measures in § 319.37–8(e) to 

which Bromeliads imported from 

Belgium, Denmark, and the Netherlands 

would be subject under this rulemaking 

are not adequate to prevent the spread 

of plant diseases such as Fusarium 

oxysporum f. sp. Additional measures, 

including a serological test, should be 

employed, according to the commenter. 

Plants imported in growing media in 

accordance with the regulations in 

§ 319.37–8(e) are subject to a systems 

approach, which includes stringent 

requirements that will not be affected by 

this rulemaking. Approved growing 

media for such imported plants are 

listed in § 319.78(e)(1). The regulations 

also require that mother stock and 

production plants be inspected by an 

inspector from APHIS or the national 

plant protection organization (NPPO) of 

the exporting country and found free 

from evidence of pests and diseases. 

Plants to be exported to the United 

States under § 319.87–8(e) must be 

grown in a greenhouse in which 

sanitary procedures adequate to exclude 

plant pests and diseases are always 

employed. There are also various 

requirements for written agreements 

between growers and the NPPO of the 

exporting country and oversight by the 

latter. It is our view that the systems 

approach required under § 319.37–8(e) 

is more than adequate to prevent the 

dissemination and spread of plant pests 

and diseases, including Fusarium 

oxysporum f. sp., via the importation of 

Bromeliad plants in growing media into 

the United States. 

One commenter stated that, as a 

condition for allowing Bromeliads to be 

exported from the European Union (EU) 

to the United States, APHIS should 

require the EU to remove the whitefly 

restrictions it has placed on U.S. 

growers exporting Bromeliads to EU 

countries. The commenter viewed those 

requirements as an unfair trade barrier 

for U.S. growers. 

APHIS makes decisions as to whether 

to allow the importation of agricultural 

products and commodities based on an 

evaluation of facts, data, and available 

scientific evidence. While the order of 

processing particular requests may be 

influenced by trade considerations, and 

the components of a risk management 

program may be a product of 

negotiations between APHIS and its 

foreign counterparts, the ultimate 

determination as to whether a 

commodity can be safely imported is 

based on a determination that the 

product can be imported without 

introducing a plant pest or noxious 

weed into the United States. In this 

instance, our decision to allow the 

importation of Bromeliad plants of the 

genera Aechmea, Cryptanthus, 

Guzmania, Hohenbergia, Neoregelia, 

Tillandsia, and Vriesea from Belgium, 

Denmark, and the Netherlands in an 

approved growing medium, subject to 

specified growing, inspection, and 

certification requirements, is based on 

the results of our pest risk analysis, 

which was made available for public 

review along with the March 2011 

proposed rule. 

Part of APHIS’s mission is to facilitate 

exports, and we make every effort to 

assist domestic industry in securing 

access to export markets. Success in this 

area is somewhat tied to factors out of 

our control, however. In general, 

phytosanitary measures applied by 

importing countries or regions to 

mitigate the risk posed by a particular 

plant or plant part exported from 

another country or region are 

determined by the particular risks posed 

in each case. The risk posed by 

imported plants is dependent on the 

pests associated with the commodity in 

the country of origin and the pests’ 

potential impact on the importing 

country. As such, reciprocal trade could 

occur under the same phytosanitary 

conditions if the pest dynamics in both 

the exporting and importing countries 

are the same, but those conditions may 

vary if the pest dynamics in the two 

countries differ. Because of climatic 

conditions and other factors, the risks 

posed to the EU by Bromeliad imports 

from the United States are not likely the 

same risks posed by imports of 

Bromeliads from the EU into the United 

States. 

Two commenters, both Bromeliad 

growers from the Netherlands, wrote to 

inquire whether the plugs that their 

companies use to grow young Bromeliad 

plants would be regarded as acceptable 

growing media under the proposed rule. 

Along with their comments, they sent 

data sheets and pictures of the plugs 

they use. 

The plugs used by these growers will 

be regarded as acceptable if they consist 

of one or a combination of the approved 

growing media listed in § 319.37–8(e)(1) 

and also meet the requirement 

contained in that paragraph that the 

growing media must not have been 

previously used. This final rule does not 

amend the list of approved growing 

media in § 319.37–8(e)(1). 

Therefore, for the reasons given in the 

proposed rule and in this document, we 

are adopting the proposed rule as a final 

rule, without change. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This final 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. 604, we 

have performed a final regulatory 

flexibility analysis, which is 

summarized below, regarding the 

economic effects of this rule on small 

entities. Copies of the full analysis are 

available on the Regulations.gov Web 

site (see footnote 1 in this document for 

a link to Regulations.gov) or by 

contacting the person listed under FOR

FURTHER INFORMATION CONTACT. 

This final rule allows the importation 

into the United States of Bromeliad 

plants in approved growing media from 


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Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations 67583 

2 Go to http://www.regulations.gov/ 

#!docketDetail;D=APHIS-2010-0005. The 

environmental assessment and finding of no 

significant impact will appear in the resulting list 

of documents. 

10See footnote 9. 

11See footnote 9. 

Belgium, Denmark, and the 

Netherlands. Bromeliad plants are most 

commonly used as houseplants or 

landscape ornamentals in warmer 

climates. 

Most wholesale nurseries that sell 

Bromeliads within the United States are 

located in Florida. Based upon a survey 

conducted in April 2011, the Florida 

Nursery, Growers and Landscape 

Association found that there are seven 

nurseries in that State that import 

immature Bromeliad plants from 

Belgium, Denmark, and the Netherlands 

for finishing before sale to retailers. 

These businesses will be directly 

affected by the rule. Under the rule, 

producers in Belgium, Denmark, and the 

Netherlands will be able to ship mature 

Bromeliad plants in growing media 

directly to U.S. retailers. Although the 

rule will allow the European suppliers 

to bypass domestic nurseries and 

provide finished plants directly to U.S. 

retailers, such a scenario is not 

considered to be a certainty, given 

difficulties associated with shipping 

finished plants in pots. It is possible 

that the European suppliers will 

continue to export immature plants to 

domestic nurseries—but in growing 

media instead of in bare-root form—that 

will then grow them out for sale as 

finished plants. 

U.S. nurseries that produce Bromeliad 

plants from seed may also be affected by 

the rule, to the extent that their sales are 

displaced by Bromeliad plants in 

growing media imported from Belgium, 

Denmark, and the Netherlands. The 

number of these nurseries is unknown 

but is estimated to be fewer than 100, 

most or all of which are located in 

California, Florida, and Texas. 

Most if not all U.S. wholesale 

nurseries that sell Bromeliad plants are 

small entities under the Small Business 

Administration’s standard of not more 

than $750,000 in annual receipts. The 

impact of the rule on these nurseries 

will depend on the volume and lifestage of the imported Bromeliads, and 

on the portions of the nurseries’ 

incomes that derive from Bromeliad 

plant sales. Other small entities, 

including retail nurseries, are expected 

to benefit from new business 

opportunities created by the importation 

of Bromeliad plants in growing media 

from Belgium, Denmark, and the 

Netherlands. 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule: (1) Preempts 

all State and local laws and regulations 

that are inconsistent with this rule; (2) 

has no retroactive effect; and (3) does 

not require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

National Environmental Policy Act 

An environmental assessment and 

finding of no significant impact have 

been prepared for this final rule. The 

environmental assessment provides a 

basis for the conclusion that the 

importation of Bromeliad plants from 

Belgium, Denmark, and the Netherlands 

under the conditions specified in this 

rule will not have a significant impact 

on the quality of the human 

environment. Based on the finding of no 

significant impact, the Administrator of 

the Animal and Plant Health Inspection 

Service has determined that an 

environmental impact statement need 

not be prepared. 

The environmental assessment and 

finding of no significant impact were 

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 and 

finding of no significant impact may be 

viewed on the Regulations.gov Web 

site.2 Copies of the environmental 

assessment and finding of no significant 

impact are also available for public 

inspection at USDA, room 1141, South 

Building, 14th Street and Independence 

Avenue SW., Washington, DC, between 

8 a.m. and 4:30 p.m., Monday through 

Friday, except holidays. Persons 

wishing to inspect copies are requested 

to call ahead on (202) 690–2817 to 

facilitate entry into the reading room. In 

addition, copies may be obtained by 

writing to the person listed under FOR

FURTHER INFORMATION CONTACT. 

Paperwork Reduction Act 

This final 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 are amending 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. 

§ 319.37–6 [Amended] 

■ 2. In § 319.37–6, footnote 8 is 

redesignated as footnote 7. 

§ 319.37–7 [Amended] 

■ 3. In § 319.37–7, footnote 9 is 

redesignated as footnote 8. 

§ 319.37–13 [Amended] 

■ 4. In § 319.37–13, footnote 11 is 

redesignated as footnote 12. 

■ 5. In § 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, and new footnote 10 

to read as set forth below. 

■ c. By revising footnote 11 to read as 

set forth below. 

§ 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

* * * * * 

Nidularium 11

Done in Washington, DC, this 28th day of 

October 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–28404 Filed 11–1–11; 8:45 am] 

BILLING CODE 3410–34–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Parts 701, 705, and 741 

RIN 3133–AD91 

Community Development Revolving 

Loan Fund Access for Credit Unions 

AGENCY: National Credit Union 

Administration (NCUA). 


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