[Federal Register Volume 89, Number 203 (Monday, October 21, 2024)]
[Notices]
[Pages 84110-84111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24200]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2021-0076]


Importation of Acer spp. (Acer buergerianum, A. palmatum, and A. 
pseudosieboldianum) Dwarf Plants From the Republic of Korea Into the 
Continental United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are notifying the public that we are removing three Acer 
spp. (Acer buergerianum, A. palmatum, and A. pseudosieboldianum) dwarf 
plants from the Republic of Korea from our lists of taxa of plants for 
planting whose importation into the United States is not authorized 
pending pest risk analysis, thereby allowing the importation of such 
Acer spp. into the continental United States, subject to certain 
conditions. We are taking this action in response to a request from 
this country 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.

DATES: Imports may be authorized beginning October 21, 2024.

FOR FURTHER INFORMATION CONTACT: Dr. Narasimha Chary Samboju, Senior 
Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road, Unit 133, 
Riverdale, MD 20737-1236; (301) 851-2038.

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 prohibits or restricts the importation of 
plants for planting (including living plants, plant parts, seeds, and 
plant cuttings) to prevent the introduction of quarantine pests into 
the United States. Quarantine pest is defined in Sec.  319.37-2 of the 
regulations 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. 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.
    Paragraph (e) of Sec.  319.37-4 describes the process for removing 
taxa from the NAPPRA lists.\1\ After receiving a request to remove taxa 
from the NAPPRA lists, 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 announce our decision regarding the request 
in a subsequent notice.
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    \1\ To view the NAPPRA lists, go to: https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/permits/plants-and-plant-products-permits/plants-for-planting/ct_nappra.
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    On January 31, 2022, we published in the Federal Register (87 FR 
4832-4833, Docket No. APHIS-2021-0076) a notice \2\ in which we 
proposed to revise the NAPPRA lists to allow the importation of three 
Acer spp. (Acer buergerianum, A. palmatum, and A. pseudosieboldianum) 
dwarf plants from the Republic of Korea (South Korea) into the 
continental United States, subject to the conditions required for all 
approved dwarf plants imported under the APHIS Artificially Dwarfed 
Plants program \3\ as well as additional conditions outlined in a risk 
management document (RMD) accompanying the notice.
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    \2\ To view the notice, supporting documents, and the comments 
we received, go to https://www.regulations.gov/document/APHIS-2021-0076-0001.
    \3\ To view the requirements of the APHIS Artificially Dwarfed 
Plants program, go to: https://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/plants_for_planting.pdf.
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    We solicited comments on the notice for 60 days ending on April 1, 
2022. We received three comments by that date, all from private 
citizens. The issues raised by the commenters are addressed below.
    All three commenters expressed concern that importing non-native 
plants, or plants from regions with plant pests, may introduce foreign 
pests, or otherwise endanger plants native to the United States.
    We understand the commenters' concerns but find no basis for 
changing our recommendations based on the comments. As the 
documentation associated with the initial notice for comment shows, 
APHIS thoroughly and sufficiently assessed potential risks from this 
importation and proposed conditions adequate to mitigate the possible 
risks. Our methodology for the pest risk assessment that accompanied 
the initial notice included careful examination of scientific 
literature, port-of-entry pest interception data, and information 
provided by the Government of the Republic of Korea.

[[Page 84111]]

From these sources, we developed a list of pests with quarantine 
significance for the continental United States that occur in the 
Republic of Korea (on any host) and are associated with the three Acer 
spp. (anywhere in the world). We are therefore confident the pest risk 
assessment is thorough and accurate.
    Based on the pest risk assessment, we prepared the RMD to identify 
phytosanitary measures that could be applied to the three Acer spp. to 
mitigate the risk of introducing these pests into the United States. As 
the commenters did not raise any specific concerns with the information 
presented in the RMD, we continue to consider the mitigations in the 
RMD to be sufficient to ensure that pests are not introduced into the 
United States through this pathway.
    One of the commenters also stated that, while the PRA considers 
risks associated with known pests, it does not consider pest species 
that may present a risk in the future.
    APHIS continuously monitors foreign countries for quarantine pests. 
If a new quarantine pest relevant to the importation of these species 
of Acer from the Republic of Korea arises in the future, APHIS will 
reassess the associated pest risk and may revise the import 
restrictions accordingly.
    Therefore, in accordance with Sec.  319.37-4(e), and based on the 
reasons outlined in the initial notice, the PRA accompanying the 
initial notice, and this second notice, we are removing A. 
buergerianum, A. palmatum, and A. pseudosieboldianum dormant, bare-
rooted dwarf plants from the Republic of Korea from the NAPPRA lists, 
thereby allowing the importation of such Acer spp. into the continental 
United States, subject to the pest mitigation measures required for all 
approved dwarf plants imported under the APHIS Artificially Dwarfed 
Plants program \4\ as well as the additional commodity specific risk 
management measures described in the RMD accompanying the initial 
notice.\5\
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    \4\ See footnote 3.
    \5\ See footnote 2.
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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) 851-2533.
    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 15th day of October 2024.
Michael Watson,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2024-24200 Filed 10-18-24; 8:45 am]
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