This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

5881 

Vol. 81, No. 23 

Thursday, February 4, 2016 

1To view the proposed rule, its supporting 

documents, and the comments we received, go to 

http://www.regulations.gov/

#!docketDetail;D=APHIS-2014-0041. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2014–0041] 

RIN 0579–AE01 

Importation of Orchids in Growing 

Media From Taiwan 

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 orchid 

plants of the genus Oncidium from 

Taiwan 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 a 

request from the Taiwanese Government 

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 quarantine 

plant pest. 

DATES: Effective March 7, 2016. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Heather Coady, Regulatory Policy 

Specialist, Plants for Planting Policy, 

PPQ, APHIS, 4700 River Road Unit 133, 

Riverdale, MD 20737; (301) 851–2076. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 7 CFR part 319 

prohibit or restrict the importation of 

certain plants and plant products into 

the United States to prevent the 

introduction of quarantine plant pests. 

The regulations contained in ‘‘Subpart— 

Plants for Planting,’’ §§ 319.37 through 

319.37–14 (referred to below as the 

regulations), prohibit or restrict, among 

other things, the importation of living 

plants, plant parts, and seeds for 

propagation or planting. 

The regulations differentiate between 

prohibited articles and restricted 

articles. Prohibited articles are plants for 

planting whose importation into the 

United States is not authorized due to 

the risk the articles present of 

introducing or disseminating plant 

pests. Restricted articles are articles 

authorized for importation into the 

United States, provided that the articles 

are subject to measures to address such 

risk. 

Conditions for the importation into 

the United States of restricted articles in 

growing media are found in § 319.37–8. 

Within that section, the introductory 

text of paragraph (e) lists taxa of 

restricted articles that may be imported 

into the United States in approved 

growing media, subject to the provisions 

of a systems approach. Paragraph (e)(1) 

of § 319.37–8 lists the approved growing 

media, while paragraph (e)(2) contains 

the provisions of the systems approach. 

Within paragraph (e)(2), paragraphs (i) 

through (viii) contain provisions that are 

generally applicable to all the taxa listed 

in the introductory text of paragraph (e). 

Paragraphs (i) through (viii) collectively: 

• Require the plants to be grown in 

accordance with written agreements 

between the Animal and Plant Health 

Inspection Service (APHIS) and the 

national plant protection organization 

(NPPO) of the country where the plants 

are grown and between the foreign 

NPPO and the grower; 

• Require the plants to be rooted and 

grown in a greenhouse that meets 

certain requirements for quarantine pest 

exclusion and that is used only for 

plants being grown in compliance with 

§ 319.37–8(e); 

• Restrict the source of the seeds or 

parent plants used to produce the 

plants, and require grow-out or 

treatment of parent plants imported into 

the exporting country from another 

country; 

• Specify 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 

• Require that the plants be inspected 

in the greenhouse and found free of 

evidence of quarantine plant pests no 

more than 30 days prior to the 

exportation of the plants to the United 

States. 

A phytosanitary certificate issued by 

the NPPO 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 quarantine pest introduction 

associated with the importation into the 

United States of approved plants 

established in growing media. 

In response to a request from the 

NPPO of Taiwan, we prepared a pest 

risk analysis (PRA) in order to identify 

the quarantine plant pests that could 

follow the importation of orchid plants 

of the genus Oncidium in approved 

growing media from Taiwan into the 

United States. (Under § 319.37–1 of the 

regulations, a quarantine plant pest is a 

plant pest 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.) 

Based on the findings of the PRA, we 

prepared a risk management document 

(RMD) to determine whether 

phytosanitary measures exist that would 

address this quarantine plant pest risk. 

The RMD suggested that the risk would 

be addressed if the plants met the 

general conditions of § 319.37–8(e)(2). 

As a result, on December 3, 2014, we 

published in the Federal Register (79 

FR 71703–71705, Docket No. APHIS– 

2014–0041) a proposal 1 to amend the 

regulations by adding Oncidium spp. 

orchids from Taiwan to the list of plants 

for planting in approved growing media 

that may be imported into the United 

States. 

We solicited comments concerning 

our proposal for 60 days ending 

February 2, 2015. We reopened and 

extended the deadline for comments 

until March 18, 2015, in a document 

published in the Federal Register on 

March 12, 2015 (80 FR 12954, Docket 

No. APHIS–2014–0041). We received 50 

comments on the proposed rule by that 

date. They were from members of 

Congress, representatives of State 

governments, industry organizations, 

and private citizens. Seven comments 


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2For the relevant IPPC standards, see 

International Standards for Phytosanitary Measures 

(ISPM) No. 11, found at http://www.acfs.go.th/sps/ 

downloads/34163_ISPM_11_E.pdf. 

were supportive. Two commenters were 

generally opposed to the proposal but 

included no detailed objections to the 

action. The remainder of the comments 

are discussed below by topic. 

General Comments 

A number of commenters stated that 

the specific orchid species that fall into 

the Oncidium genus, and that would 

therefore be authorized for importation 

from Taiwan under the proposed rule, 

were not clear. They pointed out that 

the Oncidium genus was recently 

rearranged based on an analysis of the 

boundaries of that genus. The 

commenters said that we must clarify 

which orchids are considered to be part 

of the genus Oncidium for purposes of 

the proposed rule, and that such 

clarification must be reflected in all 

supporting documents. 

We agree with the commenters that 

the genus Oncidium has been subject to 

revision, and some taxa previously 

classified as Oncidium spp. have been 

relocated into different genera. For 

purposes of this rule, Oncidium species 

are those species currently agreed upon 

by the international taxonomic 

community to belong to the genus 

Oncidium, as well as interspecies 

hybrids within that genus. However, 

since the supporting documents that 

accompanied the proposed rule 

considered all the species that remain in 

the genus after the revision, as well as 

interspecies hybrids, we do not consider 

it necessary to revise the supporting 

documents as the commenters 

requested. 

Several commenters stated that, 

because bare-rooted Oncidium spp. 

orchids from Taiwan are already 

authorized for importation into the 

United States, it is not necessary to 

authorize the importation of Oncidium 

spp. orchids in growing media. 

Under the regulations in 7 CFR 319.5, 

the NPPO of a foreign country may 

request that APHIS authorize the 

importation of a plant or plant product 

that is not allowed importation into the 

United States, and APHIS will consider 

the request if it includes all the 

categories of information specified in 

§ 319.5 for such requests. The NPPO of 

Taiwan made such a request for 

Oncidium spp. orchids in approved 

growing media. 

Several commenters stated that the 

rule appears to be the byproduct of 

bilateral negotiations between the 

United States and Taiwan, and that the 

rule was linked to agreements 

authorizing the export of certain U.S. 

commodities to Taiwan. Because of this, 

the commenters expressed concern that 

APHIS did not adequately consider the 

risk associated with the importation of 

Oncidium spp. orchids from Taiwan in 

growing media. Similarly, other 

commenters stated that we issued the 

proposed rule solely because large-scale 

U.S. importers of orchids requested it. 

While political and economic 

interests may stimulate consideration of 

the expansion of trade of agricultural 

commodities between countries, these 

did not lead us to issue the proposed 

rule. The United States is a member of 

the World Trade Organization (WTO), 

and a signatory to the WTO’s Agreement 

on Sanitary and Phytosanitary Measures 

(SPS Agreement) and the International 

Plant Protection Convention (IPPC). In 

these capacities, the United States has 

agreed that any prohibitions it places on 

the importation of plants for planting 

will be based on scientific evidence, and 

will not be maintained without 

sufficient scientific evidence indicating 

that the prohibitions are necessary to 

protect plant life and health within the 

United States. 

The PRA and RMD that accompanied 

the proposed rule evaluated the 

quarantine plant risk associated with 

the importation of Oncidium spp. 

orchids in approved growing media 

from Taiwan into the United States. 

These documents provided scientific 

evidence that a prohibition on the 

importation of Oncidium spp. orchids in 

approved growing media is not 

necessary in order to protect plant life 

and health in the United States, and the 

risk associated with such importation 

could be addressed by requiring the 

orchids and growing media to be 

produced in accordance with § 319.37– 

8(e). This led us to issue the proposed 

rule. 

We prepared the PRA and RMD in 

accordance with IPPC standards 2 and 

our own guidelines, and we are 

confident that they adequately 

evaluated the plant pest risk associated 

with the importation of Oncidium spp. 

orchids in approved growing media 

from Taiwan into the United States. 

One commenter stated that certain life 

stages of quarantine plant pests can be 

difficult to detect at ports of entry into 

the United States, as can quarantine 

plant pests with unique feeding habits. 

For this reason, the commenter stated 

that we should prohibit the importation 

of Oncidium spp. orchids in approved 

growing media into the United States. 

If the provisions of the proposed rule 

are adhered to, there will be a negligible 

risk that Oncidium spp. orchids in 

approved growing media from Taiwan 

that are imported into the United States 

will harbor quarantine plant pests. 

That being said, pursuant to 

§§ 319.37–3 and 319.37–11 of the 

regulations, lots of Oncidium spp. 

orchids in approved growing media 

from Taiwan that consist of 13 or more 

plants must be imported to a United 

States Department of Agriculture plant 

inspection station for entry into the 

United States—we anticipate that 

almost all lots of Oncidium spp. orchids 

in approved growing media from 

Taiwan that are exported to the United 

States will consist of more than 13 

plants. Personnel at plant inspection 

stations are trained to detect plant pests 

and signs and symptoms of plant pests, 

including those that are difficult to 

detect, and have access to personnel 

with scientific expertise in identifying 

plant pests. 

One commenter stated that Taiwan 

cannot be trusted to adhere to the 

provisions of the proposed rule. 

Like the United States, Taiwan is a 

signatory to the SPS Agreement. As 

such, it has agreed to respect the 

phytosanitary measures the United 

States imposes on the importation of 

plants and plant products from Taiwan 

when the United States demonstrates 

the need to impose these measures in 

order to protect plant health within the 

United States. The PRA that 

accompanied the proposed rule 

provided evidence of such a need. 

One commenter stated that the NPPO 

of Taiwan should have to demonstrate 

adherence to the proposed systems 

approach with small shipments of 

orchids before we allow more 

widespread export of Oncidium spp. 

orchids from Taiwan under the 

provisions of the systems approach. 

We do not consider this sort of 

provisional authorization necessary. We 

authorize the importation of many 

plants and plant products from Taiwan 

into the United States, and have not 

encountered any issues to suggest the 

NPPO of Taiwan will not or cannot 

adhere to the requirements of our export 

programs for such commodities. 

Comments Regarding the Pest Risk 

Analysis 

General Comment 

As we mentioned above, we prepared 

a PRA in support of the proposed rule. 

The purpose of the PRA was to identify 

the quarantine plant pests that could 

follow the importation of Oncidium spp. 

orchid plants in approved growing 

media from Taiwan to the United States. 

One commenter pointed out that the 

PRA was completed in May of 2012. 


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3See ISPM No. 11. 

The commenter asked whether there 

have been any additional quarantine 

pests associated with Oncidium spp. 

orchids detected in Taiwan since it was 

completed. 

There have not been any such 

detections. 

Comments Regarding the Pest List 

As part of the PRA, we prepared a list 

of plant pests that are associated with 

Oncidium spp. orchids and that we 

determined to occur in Taiwan. 

One commenter asked why we 

limited the list to plant pests. The 

commenter asked whether APHIS had 

considered whether zoonotic diseases 

could follow the pathway on Oncidium 

spp. orchids in growing media, and, 

more generally, whether APHIS had 

considered the potential risks to human 

and animal health associated with such 

importation. 

We limit our PRAs to evaluating plant 

pest risk; this is consistent with our 

PRA guidelines related to this specific 

class of plant commodity and also with 

IPPC standards. However, the 

environmental assessment that 

accompanied the proposed rule 

evaluated the potential environmental 

consequences associated with 

authorizing the importation of 

Oncidium spp. orchids in approved 

growing media. This includes potential 

human or animal health risks. 

Several commenters pointed out that, 

while some plant pests on the list were 

identified to the species level, others 

were identified only to the genus level. 

The commenters stated that certain 

species within a genus of plant pests 

can be significantly more destructive 

than other species within that genus, 

and asked us to revise the pest list to 

identify all plant pests of Oncidium spp. 

orchids that we believe to occur in 

Taiwan to the species level. 

The commenters are correct that 

certain plant pest species within a 

particular genus can be significantly 

more destructive than other species in 

the same genus. For this reason, as we 

stated in the PRA, the taxonomic level 

for organisms listed in our PRAs is 

usually the species. This is consistent 

with both our standards as well as with 

the IPPC standards for PRAs, which 

suggest that, within PRAs, the identity 

of the organism should be clearly 

defined to ensure that the assessment is 

being conducted on distinct organisms.3

Accordingly, within the PRA, all 

plant pests that we determined to be 

associated with Oncidium spp. orchids 

in growing media and to occur in 

Taiwan were identified to the species 

level. If we listed the genus or family 

level of the pest in the PRA, this is 

because a pest in that genus or family 

was intercepted on bare-rooted 

Oncidium spp. orchids from Taiwan, 

but we could not identify the genus or 

family as occurring in Taiwan or being 

associated with Oncidium spp. orchids. 

We included entries for these genera 

and families in the PRA for the sake of 

transparency and completeness, but do 

not consider further classification of the 

intercepted pests to be necessary. 

One commenter pointed out that our 

PRA included not only a pest list, but 

also a list of plant pests that have been 

intercepted on bare-rooted Oncidium 

spp. orchids at ports of entry into the 

United States between 1985 and 2010. 

The commenter asked why the pest list 

did not include all pests listed on this 

latter list. 

If the pest list did not include a 

particular plant pest for which we have 

pest interception records, it was because 

we could either find no evidence that 

the pest occurs in Taiwan, or could find 

no additional evidence suggesting the 

pest is associated with Oncidium spp. 

orchids. 

Several commenters expressed 

concern that the pest list may be 

incomplete, and that unidentified 

quarantine pests could be introduced 

into the United States through the 

importation of Oncidium spp. orchids 

from Taiwan in approved growing 

media. 

We compiled the pest list in the PRA 

from multiple sources, including 

information provided by the NPPO of 

Taiwan, pest detection records, and our 

own review of scientific literature. We 

are confident that the list has identified 

all quarantine pests associated with 

Oncidium spp. orchids in approved 

growing media that occur in Taiwan. 

A commenter expressed concern that, 

if quarantine pests of Oncidium spp. 

orchids that were not listed in the PRA 

are subsequently detected in Taiwan, 

the systems approach in the proposed 

rule may not contain measures that 

mitigate these plant pest risks. 

If this occurs, we will take 

appropriate measures to address such 

risk. This could include additional 

restrictions on the importation of 

Oncidium spp. orchids in growing 

media from Taiwan and/or suspension 

of the export program for Oncidium spp. 

orchids in growing media from Taiwan 

until APHIS and the NPPO of Taiwan 

jointly agree that the risk has been 

addressed. 

One commenter pointed out that no 

nematodes were included in the pest 

list. The commenter asked us to explain 

their omission. 

As we mentioned above, the list was 

of plant pests that are associated with 

Oncidium spp. and that we determined 

to occur in Taiwan. There are no species 

of nematodes that meet these two 

criteria. 

A commenter pointed out that the 

pest list had only included one species 

of Fusarium (a genus of pathogenic 

fungi), Fusarium oxysporum. The 

commenter stated that APHIS had 

previously indicated that multiple 

species of Fusarium occur in Taiwan, 

but that we lack diagnostic tools to 

identify all of these species 

conclusively. The commenter 

questioned this discrepancy. 

At this time, we are aware that 

multiple species of Fusarium occur in 

Taiwan. However, only one of these 

Fusarium species—F. oxysporum—is 

known to be associated with Oncidium 

spp. orchids. 

The same commenter stated that we 

had also previously indicated that we 

take no action at ports of entry to the 

United States on commodities 

determined to be affected with 

Fusarium spp., and questioned this 

policy. 

Under the Plant Protection Act (PPA, 

7 U.S.C. 7711 et seq.), with limited 

exceptions, we may apply remedial 

measures to plants or plant products 

that are in the process of being imported 

into the United States only in order to 

prevent the dissemination of a plant 

pest that is new or not known to be 

widely prevalent or distributed within 

and throughout the United States. When 

we have detected Fusarium spp. on 

commodities at ports of entry into the 

United States, the species detected have 

been ones that are widely prevalent 

within the United States. 

One commenter pointed out that the 

PRA stated that we have intercepted 

springtails of the family Sminthuridae 

on bare-rooted Oncidium spp. orchids 

from Taiwan. The commenter asked 

whether we had intercepted Sminthurus 

viridis, the Lucerne earth flea. If so, the 

commenter suggested that we should 

add S. viridis to the pest list. 

We have not intercepted S. viridis. 

Moreover, there is no evidence that S. 

viridis exists in Taiwan or is associated 

with Oncidium spp. orchids. 

Several commenters pointed out that 

biting midges (Ceratopoginidae 

=Culicoides spp., Forcipomyia spp.) 

were not included on the pest list in the 

PRA. The commenters stated that biting 

midges occur in Taiwan, and could be 

imported in sphagnum moss, which is 

listed in § 319.37–8 as an approved 

growing medium. The commenters 

stated that midges can vector 

arboviruses, filarial worms, other 


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4See ISPM No. 11. 

parasites, and, while prevalent in the 

United States, are not established 

throughout their geographical range. 

The commenters stated that immature 

midges could enter greenhouses where 

Oncidium spp. orchids intended for 

export to the United States are produced 

and develop in sphagnum moss, and 

would be able to survive transit from 

Taiwan to the United States in moist 

sphagnum. The commenters asked that 

the pest list be revised to include biting 

midges, and biting midge-specific 

mitigations be added to the systems 

approach of the proposed rule. 

We disagree that sphagnum moss is a 

hospitable host for biting midges, and 

that biting midges are likely to follow 

the pathway on such moss when it is 

used as a growing medium for plants for 

planting. We approved the use of 

sphagnum moss as a growing medium 

for plants for planting in 1980 (45 FR 

31572–31597). Given the worldwide 

prevalence of biting midges, we would 

expect to have detected biting midges 

during port-of-entry inspections of 

orchids and other plants for planting in 

sphagnum moss by this time. We have 

had no such detections. 

Additionally, we note that there is no 

evidence that biting midges are plant 

pests. 

Similarly, a commenter stated that 

sphagnum moss and organic fibers, 

which are also listed as an approved 

growing medium, can harbor nematodes 

and species of fire ants of quarantine 

significance, and that these pests could 

therefore follow the pathway on 

Oncidium spp. orchids imported from 

Taiwan in such material and become 

established in the United States. The 

same commenter also stated that 

sphagnum moss can harbor 

microorganisms that cause significant 

disease in plants. The commenter asked 

us to revise the pest list accordingly. 

We have no evidence that sphagnum 

moss or organic fibers are a pathway for 

the pests mentioned by the commenter, 

nor did the commenter supply any such 

evidence. Since sphagnum moss and 

organic fibers were approved as growing 

media for plants for planting in 1980, 

there have been no detections of 

quarantine plant pests on these growing 

media that would suggest these growing 

media are a pathway for the 

introduction of quarantine plant pests. 

Several commenters stated that many 

quarantine plant pests that are not 

associated with Oncidium spp. orchids 

are associated with bark, which is often 

used as a growing medium for 

Oncidium spp. orchids, and the pest list 

should be revised to take this into 

consideration. 

Bark is not listed in § 319.37–8 as an 

approved growing medium. 

Finally, several commenters stated 

that we should revise the pest list to 

indicate that several of the plant pests 

listed, while not quarantine plant pests, 

are not known to occur in Hawaii. 

This practice would be inconsistent 

with IPPC standards for PRAs, which 

suggest that pests should be classified 

based on whether or not they are 

quarantine pests.4 It would also be 

inconsistent with our own PRA 

guidelines and regulatory practices. 

Comments Regarding the List of 

Quarantine Pests 

Based on the pest list, the PRA 

identified 14 quarantine pests as 

occurring in Taiwan and potentially 

following the pathway on Oncidium 

spp. orchids in approved growing 

media: 

• Tetranychus kanzawai Kishida, a 

spider mite. 

• Amsacta lactinea Cramer, a tiger 

moth. 

• Spodoptera litura (Fabricius), the 

Oriental leafworm moth. 

• Scirtothrips dorsalis Hood, the chili 

thrips. 

• Thrips palmi Karny, the melon 

thrips. 

• Lissachatina fulica (Bowdich), a 

snail. 

• Deroceras laeve (Muller), the marsh 

slug. 

• Parmarion martensi Simroth, a 

semislug. 

• Petalochlamys vesta (Pfeiffer), a 

snail. 

• Meghimatium bilineatus (Benson), a 

slug. 

• Meghimatium pictum Stoliczka, a 

slug. 

• Laevicaulis alte (Fe ́russac), the 

tropical leatherleaf. 

• Pectobacterium cypripedii (Hori) 

Brenner et al., a bacterial leaf-disease of 

orchids. 

• Bipolaris zizaniae (Y. Nisik.) 

Shoemaker, a fungus. 

One commenter stated that L. fulica is 

a high-risk pest, and could cause 

significant damage to domestic 

agriculture if it became established 

throughout the United States. The 

commenter opined we should therefore 

not authorize the importation of 

Oncidium spp. orchids in approved 

growing media because of this plant 

pest risk. 

We agree that L. fulica is a high risk 

pest. However, if the provisions of the 

proposed rule are adhered to, there is a 

negligible risk that L. fulica will be 

introduced into the United States 

through the importation of Oncidium 

spp. orchids in approved growing media 

from Taiwan. 

One commenter stated that several of 

the pests that were listed on the pest 

list, but not identified as quarantine 

pests, are known to occur in Hawaii. 

The commenter pointed out that APHIS’ 

regulations in 7 CFR 318.13–1 impose a 

general prohibition on the interstate 

movement of plants for planting from 

Hawaii in order to prevent the 

introduction or further dissemination of 

plant pests within the United States. 

The commenter further pointed out that 

§ 318.13–1 refers to this prohibition as 

a quarantine. The commenter concluded 

that, because of this quarantine, all 

plant pests of Oncidium spp. orchids 

that occur in Hawaii are quarantine 

pests. The commenter asked us to 

reevaluate the pest list in light of this 

consideration, and to revise the list of 

quarantine pests of Oncidium spp. 

orchids that occur in Taiwan and 

potentially could follow the pathway on 

Oncidium spp. orchids in approved 

growing media accordingly. 

While we agree with the commenter 

that § 318.13–1 imposes a general 

quarantine on the interstate movement 

of plants for planting from Hawaii, 

including the interstate movement of 

Oncidium spp. orchids, we disagree that 

this means that all plant pests of 

Oncidium spp. orchids that occur in 

Hawaii are therefore quarantine plant 

pests. As we mentioned above, in order 

to meet our definition of a quarantine 

plant pest, a plant pest that is present 

in the United States must not be widely 

distributed and must be officially 

controlled. The general quarantine in 

§ 318.13–1 does not constitute an 

official control program of all plant 

pests that occur in Hawaii. 

Comments Regarding the Analysis of 

Quarantine Pests 

The PRA also analyzed the likelihood 

that each of the 14 quarantine pests 

listed above would be introduced into 

the United States through the 

importation of Oncidium spp. orchids in 

approved growing media from Taiwan, 

as well as the consequences of such 

introduction. 

One commenter stated that the PRA 

should be revised to evaluate the 

likelihood that snails and slugs in the 

families of Achatinidae, Succineidae, 

Philomycidae, Subulinidae, 

Veronicellidae, Camanidae, 

Helicarionidae, and Ariophantidae that 

occur in Taiwan will follow the 

pathway on Oncidium spp. orchids in 

approved growing media into the 

United States, as well as the 

consequences of such introduction. 


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5Criteria for a FRSMP petition are located here: 

https://www.aphis.usda.gov/plant_health/plant_

pest_info/frsmp/downloads/petition_guidelines.pdf. 

6Hollingsworth, R.G., and K.T. Sewake. 2002. 

The Orchid Snail as a Pest of Orchids in Hawaii. 

Cooperative Extension Service, College of Tropical 

Agriculture and Human Resources, University of 

Hawaii at Manoa. Referred to in this preamble as 

Hollingsworth and Sewake. 

The PRA contained an evaluation of 

the likelihood that quarantine snails and 

slugs that occur in Taiwan and are 

associated with Oncidium spp. orchids 

will follow the pathway on Oncidium 

spp. orchids in approved growing media 

to the United States. If the snails or 

slugs were considered to potentially 

follow the pathway, the PRA evaluated 

the likelihood of their introduction into 

the United States through this pathway, 

and the consequences of this 

introduction. However, evaluating the 

likelihood and consequences of the 

introduction into the United States of 

snails and slugs that occur in Taiwan 

and are associated with Oncidium spp. 

orchids, but are not of quarantine 

significance, is inconsistent with IPPC 

standards, as well as our own PRA 

guidelines. Moreover, evaluating the 

likelihood and consequences of 

introduction of quarantine snails and 

slugs that occur in Taiwan but are not 

associated with Oncidium spp.orchids 

is unnecessary. Such snails and slugs 

will not follow the pathway on 

Oncidium spp. orchids in approved 

growing media to the United States. 

Several commenters stated that the 

PRA should have evaluated the 

likelihood of introduction and 

establishment in Hawaii of all plant 

pests on the pest list that could 

potentially follow the pathway on 

Oncidium spp. orchids and are not 

known to occur in Hawaii, regardless of 

whether the plant pests are of 

quarantine significance. 

The PRA evaluated the likelihood of 

introduction and establishment in 

Hawaii of all quarantine plant pests that 

could potentially follow the pathway on 

Oncidium spp. orchids in approved 

growing media to the United States, as 

well as the consequences of such 

establishment. Evaluating the likelihood 

and consequences of establishment in 

Hawaii of plant pests that could 

potentially follow the pathway on 

Oncidium spp. into the United States 

but are not quarantine plant pests is 

inconsistent with IPPC standards, as 

well as our own PRA guidelines. 

One commenter assumed that it was 

incumbent on the State of Hawaii to 

conduct an evaluation of the likelihood 

and consequences of establishment in 

Hawaii of plant pests that could 

potentially follow the pathway on 

Oncidium spp. into the United States 

but are not quarantine plant pests, but 

stated that, if the State were to conduct 

such an evaluation and identify 

potentially significant adverse 

consequences, the State had no recourse 

under the PPA to request Federal 

restrictions on the movement of 

Oncidium spp. orchids in approved 

growing media from Taiwan into 

Hawaii. 

We disagree with the commenter. 

Pursuant to section 7711 of the PPA, 

APHIS has established the Federally 

Recognized State Managed 

Phytosanitary Program (FRSMP). Under 

the program, States may petition APHIS 

to recognize State-managed 

phytosanitary programs that are 

developed to eradicate, exclude, or 

contain plant pests that are of limited 

distribution within that State and that 

APHIS does not consider to be of 

quarantine significance.5 If APHIS 

grants a State’s FRSMP petition, when 

we determine that an article imported 

into the United States is infested with 

a FRSMP pest and destined for the State 

that submitted the petition, we will take 

appropriate remedial measures to 

address this plant pest risk. 

Finally, a commenter who coauthored an article 6 referred to in this 

section of the PRA stated that we had 

cited the article in an erroneous manner. 

Whereas we suggested that the article 

indicates that approved growing media 

are not a conducive host for snails, the 

commenter stated that Hollingsworth 

and Sewake only evaluated the growing 

media in and of themselves, and not 

when they are used in association with 

plants for planting. The commenter 

stated that Hollingsworth and Sewake in 

fact included evidence suggesting that 

snail eggs can remain viable on coir, 

which is listed in § 319.37–8 as an 

approved growing medium, when the 

coir is used as a growing medium for 

orchids. 

We agree that we should not have 

cited the article as evidence that 

approved growing media are not a 

conducive host for snails. We also agree 

that Hollingsworth and Sewake provides 

evidence that snail eggs can remain 

viable on coir, when coir is used as a 

growing medium for orchids. For these 

reasons, we will not cite the article in 

future PRAs as evidence that approved 

growing media are not a conducive host 

for snails. 

However, Hollingsworth and Sewake 

did not evaluate growing media used in 

connection with the importation of 

plants for planting in accordance with 

§ 319.37–8(e), but rather growing media 

that are either located in the natural 

environment of Hawaii or commercially 

produced in Hawaii and available to 

Hawaiian producers. There is no 

evidence that growing media used in 

connection with the importation of 

plants for planting in accordance with 

§ 319.37–8(e) is a conducive host for 

snail eggs, or that immature snails could 

follow the pathway on approved 

growing media imported to the United 

States in accordance with § 319.37–8(e). 

Comments Regarding the Proposed 

Systems Approach 

We proposed that the Oncidium spp. 

orchids would have to be grown in a 

greenhouse in which sanitary 

procedures adequate to exclude 

quarantine pests are always employed. 

We proposed that, at a minimum, the 

greenhouse would have to be free from 

sand and soil, have screenings with 

openings of not more than 0.6 mm on 

all vents and openings except 

entryways, have entryways equipped 

with automatic closing doors, regularly 

clean and disinfect floors, benches, and 

tools, and use only rainwater that has 

been boiled or pasteurized, clean well 

water, or with potable water to water the 

plants. 

One commenter expressed concern 

that screenings with openings of 0.6 mm 

would not preclude T. palmi from 

entering the greenhouses. The 

commenter cited studies indicating that 

40 to 50 percent of T. palmi that attempt 

to pass through such an opening can do 

so. 

We agree that screenings with 

openings of 0.6 mm may not preclude 

all T. palmi from entering the 

greenhouse. However, in order to 

comply with the provisions of the 

systems approach, growers will have to 

employ sanitary procedures that are 

jointly sufficient to exclude quarantine 

pests from the Oncidium spp. orchids 

intended for export to the United States. 

Accordingly, growers in areas where T. 

palmi are present will be expected to 

develop a pest management plan for T. 

palmi to address incursions of this pest 

into the greenhouse; the plan must have 

sufficient safeguards to prevent 

Oncidium spp. orchids intended for 

export to the United States from 

becoming infested with T. palmi. 

One commenter assumed that certain 

growers would have to implement such 

pest management plans in order for 

their greenhouses to always employ 

sanitary procedures adequate to exclude 

quarantine pests from the Oncidium 

spp. orchids grown in the greenhouses. 

However, the commenter expressed 

concern that growers may not be able to 

implement or maintain mitigations 

specified in the plans, or may not be 

able to identify equivalent mitigations if 


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the initial mitigations prove insufficient, 

without guidance or oversight from 

individuals with phytosanitary training. 

Under paragraph (e)(2) of § 319.37–8, 

the NPPO of Taiwan must enter into an 

agreement with APHIS to enforce the 

export program for Oncidium spp. 

orchids in approved growing media to 

the United States, and each grower who 

wishes to export Oncidium spp. orchids 

must enter into an agreement with the 

NPPO of Taiwan. In this latter 

agreement, the NPPO of Taiwan will 

specify how the producer may meet the 

requirements of § 319.37–8, and will 

require the grower to agree to allow the 

NPPO of Taiwan access to greenhouses 

at any time to monitor compliance with 

the agreement and the provisions of 

§ 319.37–8. Because of these 

requirements, growers will have the 

oversight and guidance of the NPPO of 

Taiwan to assess the efficacy of their 

pest management plans. 

One commenter stated that APHIS 

should conduct monitoring of the 

development and implementation of 

these pest management plans, in 

addition to the NPPO of Taiwan. 

We reserve the right to conduct such 

monitoring. Additionally, as we discuss 

below, APHIS inspectors may inspect 

the orchids prior to export. However, we 

do not consider it necessary for us to 

require APHIS to monitor the 

development and implementation of 

each pest management plan. For other 

export programs for plants and plant 

products from Taiwan to the United 

States, we have exercised joint 

monitoring responsibilities with the 

NPPO of Taiwan, and we have not 

encountered any issues that suggest we 

should modify this practice. 

Several commenters surmised that 

most pest management plans would 

include the application of pesticides. 

They stated that Taiwan authorizes the 

use of pesticides that are prohibited for 

use within the United States, and that 

are significantly more potent than 

pesticides used within the United 

States. The commenters expressed 

concern that certain quarantine plant 

pests of Oncidium spp. orchids that 

occur in Taiwan may have developed 

tolerances to U.S. pesticides. 

The commenter assumes that 

quarantine plant pests will be 

introduced into the United States 

through the importation of Oncidium 

spp. orchids in approved growing media 

from Taiwan. As we stated previously in 

this document, if the provisions of the 

systems approach are adhered to, there 

is a negligible risk that this will occur. 

Additionally, we have no evidence 

that any of the quarantine plant pests of 

Oncidium spp. that are known to occur 

in Taiwan and may follow the pathway 

on Oncidium spp. orchids in approved 

growing media to the United States are 

resistant to U.S. pesticides. 

We proposed that the orchids would 

have to be inspected in the greenhouse 

and found free from evidence of 

quarantine pests by an APHIS inspector 

or an inspector of the NPPO of Taiwan 

no more than 30 days prior to the date 

of export to the United States. 

Several commenters stated that visual 

inspections, in and of themselves, are 

not sufficient to address the quarantine 

plant pest risk associated with the 

importation of Oncidium spp. orchids 

from Taiwan. 

We agree. This is why we proposed to 

require the orchids to be produced in 

accordance with the systems approach 

of § 319.37–8(e). 

Several commenters stated visual 

inspections are not always able to detect 

signs of bacterial or viral infection. The 

commenters suggested that the orchids 

should have to be tested for bacterial 

and viral pathogens prior to export to 

the United States. 

We do not consider viral testing to be 

necessary. The PRA did not identify any 

quarantine viruses that occur in Taiwan 

and are associated with Oncidium spp. 

orchids. 

Although we did identify one 

quarantine bacterium, P. cypripedii, to 

exist in Taiwan and potentially follow 

the pathway on Oncidium spp. orchids 

to the United States, inspection is not 

the sole mitigation for P. cypripedii 

within the systems approach. We also 

require the orchids to be grown on 

benches raised at least 46 centimeters 

off the ground; to be watered only with 

rainwater that has been boiled or 

pasteurized, with clean well water, or 

with potable water; to be rooted and 

grown in approved media; and to be 

grown in greenhouses that are free from 

sand and soil. Because P. cypripedii is 

primarily spread through compost or 

soil admixed with plant debris, as well 

as water contaminated with soil, these 

mitigations are jointly sufficient to 

preclude P. cypripedii from being 

introduced to the orchids, and we do 

not consider testing for P. cypripedii to 

be necessary. 

One commenter pointed out that the 

RMD that accompanied the proposed 

rule appeared to require growers to 

employ bactericides for Oncidium spp. 

orchids that are determined to be 

infected with P. cypripedii. The 

commenter stated that bactericides are 

not effective mitigations for plants that 

are visibly infected with P. cypripedii. 

The commenter suggested that plants at 

a greenhouse that are visibly infected 

with P. cypripedii should be removed 

from the greenhouse and destroyed. 

We agree with the commenter. In the 

event that Oncidium spp. orchids 

infected with P. cypripedii are detected 

at the greenhouse, these plants must be 

removed from the greenhouse and 

destroyed. We note, however, that we 

consider it unlikely that Oncidium spp. 

orchids at these greenhouses will 

become infected with P. cypripedii, for 

the reasons specified immediately 

above. 

As we mentioned earlier in this 

document, we noted that lots of 13 or 

more Oncidium spp. orchids in 

approved growing media from Taiwan 

would have to be imported to a U.S. 

Department of Agriculture (USDA) plant 

inspection station for entry into the 

United States. 

Several commenters asked that we 

explain the inspection protocol at plant 

inspection stations. 

At least 2 percent of the plants in each 

consignment of Oncidium spp. orchids 

in growing media will be inspected for 

plant pests, as well as signs and 

symptoms of such pests. Inspecting 2 

percent of the plants will detect plant 

pest infestation in 5 percent of the lot 

with 95 percent confidence. We note, 

moreover, that we may set a higher 

inspection rate, as warranted. 

If there are any pests detected, or any 

signs or symptoms of pests, inspectors 

at the stations will have recourse to pest 

identifiers and diagnostic testing to 

positively identify the pests. APHIS will 

take appropriate remedial measures if 

any consignments are determined to be 

infested with quarantine pests. 

Finally, one commenter stated that 

the provisions of the proposed rule did 

not comply with the intent of Executive 

Order 13112, which instructs Federal 

agencies not to carry out actions that the 

agencies believe are likely to result in 

the introduction of invasive species. 

The commenter’s stated assumptions 

were that the provisions of the rule 

would not mitigate for T. palmi, that 

quarantine viral pathogens would 

follow the pathway on Oncidium spp. 

orchids in approved growing media 

from Taiwan, and that visual inspection 

would be the sole mitigation for the 

quarantine pests identified by the PRA 

as potentially following the pathway on 

Oncidium spp. orchids in approved 

growing media from Taiwan. 

For the reasons discussed previously 

in this document, we regard these 

assumptions to be incorrect. 

Comments Regarding Phalaenopsis Spp. 

Orchids 

A number of commenters drew 

parallels between this proposed rule 


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and a previous rule (69 FR 24916– 

24936, Docket No. 98–038–5) that 

authorized the importation of 

Phalaenopsis spp. orchids in approved 

growing media from Taiwan. The 

commenters stated that, for that rule, 

APHIS had grossly underestimated the 

number of Phalaenopsis spp. orchids in 

approved growing media that would be 

imported into the United States 

annually. Several of the commenters 

stated that the volume of imports had 

overwhelmed APHIS’ capacity to 

inspect the Phalaenopsis spp. orchid 

shipments. Several of the commenters 

also stated that a disproportionate 

amount of the Phalaenopsis spp. 

orchids in approved growing media 

exported to the United States have been 

infested with quarantine plant pests, 

including a number of quarantine plant 

pests that we had not considered likely 

to follow the pathway on Phalaenopsis 

spp. orchids to the United States. 

Similarly, several commenters stated 

that the importation of Phalaenopsis 

spp. orchids in growing media had 

resulted in the introduction of plant 

pests into the United States. Given these 

considerations, the commenters stated 

that the systems approach in § 319.37– 

8 appears to be ineffective for orchids 

from Taiwan, and inquired on what 

basis we assumed that the number of 

Oncidium spp. orchids from Taiwan in 

approved growing media imported 

annually to the United States would be 

significantly fewer than the number of 

Phalaenopsis spp. orchids from Taiwan 

imported annually; on what basis we 

assumed that we have sufficient 

resources to inspect shipments of 

Oncidium spp. orchids in approved 

growing media at plant inspection 

stations; and on what basis we 

concluded that the importation of 

Oncidium spp. orchids in approved 

growing media from Taiwan into the 

United States would not result in the 

introduction of plant pests into the 

United States. 

We consider the export market for 

Phalaenopsis spp. orchids from Taiwan 

to be significantly different from the 

export market for Oncidium spp. 

orchids from Taiwan. For the latter 

genus, Taiwan has a large and 

established market in Japan, and would 

have to divert a significant amount of 

their current exports from Japan to the 

United States for the number of 

Oncidium spp. orchids in approved 

growing media exported to the United 

States annually to be commensurate 

with the number of Phalaenopsis spp. 

orchids exported to the United States 

annually. We do not consider such 

diversion likely, and discuss the matter 

at greater length in the economic 

analysis that accompanies this final 

rule. 

We disagree with the commenters 

who stated that we have lacked 

sufficient resources to inspect 

Phalaenopsis spp. orchids in approved 

growing media from Taiwan. Since we 

authorized their importation into the 

United States, we have inspected all 

shipments of Phalaenopsis spp. orchids 

in approved growing media in 

accordance with the inspection protocol 

discussed earlier in this document. 

Accordingly, even if import levels of 

Oncidium spp. in approved growing 

media from Taiwan were to be 

equivalent to those of Phalaenopsis spp. 

in approved growing media—a scenario 

that, again, we regard to be unlikely— 

we would have sufficient resources to 

inspect all consignments of Oncidium 

spp. in approved growing media 

exported to the United States. 

We also disagree with the commenters 

who stated that the number of 

Phalaenopsis spp. orchids in approved 

growing media that have been 

determined to be infested with 

quarantine pests has been 

disproportionately high. Since we 

authorized the importation of 

Phalaenopsis spp. orchids in approved 

growing media from Taiwan, an average 

of 23 consignments have been 

determined to be infested annually. 

Insofar as an estimated 20 million 

Phalaenopsis spp. orchids in approved 

growing media are exported from 

Taiwan to the United States each year, 

we do not consider this number to be 

statistically significant or 

disproportionate, or to provide a basis 

for questioning the efficacy of the 

systems approach in § 319.37–8 with 

regard to the importation of orchids 

from Taiwan. 

Finally, we have no evidence that any 

plant pests have been introduced into 

the United States through the 

importation of Phalaenopsis spp. 

orchids in growing media from Taiwan. 

One commenter stated that a 2007 

survey of Phalaenopsis growers in 

Taiwan found that more than 50 percent 

had orchids that were determined to be 

infected with viral or bacterial 

pathogens. The commenter asked us 

why we considered Oncidium spp. 

orchids produced for the export 

program to the United States to be 

unlikely to become infected with 

bacterial or viral plant pathogens. 

We have confidence that the list of 

viral and bacterial pathogens of 

Oncidium spp. orchids in the PRA is 

complete, and thus that we have 

correctly identified the likelihood that 

Oncidium spp. orchids from Taiwan 

could become infected with viral or 

bacterial plant pests. If the conclusions 

of our PRA are accurate, then the 

provisions of the proposed rule, which 

were based on these conclusions, 

adequately address the viral and 

bacterial plant pest risk associated with 

the importation into the United States of 

Oncidium spp. orchids in approved 

growing media from Taiwan. 

We do not consider the survey 

referenced by the commenter to call into 

question the accuracy of our PRA; only 

Phalaenopsis spp. orchid growers in 

Taiwan were surveyed. Nor do we 

consider it to call into question the 

efficacy of the systems approach in 

§ 319.37–8(e). The survey appears to 

have surveyed all Phalaenopsis spp. 

orchid growers in Taiwan, and not 

merely those associated with the export 

program for Phalaenopsis spp. orchids 

in approved growing media to the 

United States. 

Finally, one commenter requested 

that ‘‘all of the pleadings and comments 

from the 2007 HOGA (Hawai’i Orchid 

Growers Association) versus USDA legal 

challenge on the importation of Taiwan 

Phalaenopsis’’ be included in the 

administrative record for the proposed 

rule. 

In the lawsuit referenced by the 

commenter, which was commenced in 

2005, HOGA challenged actions related 

to our consultation with the U.S. Fish 

and Wildlife Service (FWS) under the 

Endangered Species Act (16 U.S.C. 1531 

et seq.) regarding our 2004 final rule 

authorizing the importation of 

Phalaenopsis spp. orchids in approved 

growing media from Taiwan into the 

United States. The U.S. District Court 

for the District of Columbia granted 

summary judgment in favor of USDA 

and FWS, and dismissed the HOGA case 

in 2006. That decision was affirmed by 

the U.S. Circuit Court of Appeals for the 

District of Columbia Circuit in 2007. 

The pleadings and comments from the 

HOGA lawsuit predate, and do not 

address, the proposed rule regarding the 

importation into the United States of 

Oncidium spp. orchids in approved 

growing media from Taiwan. Moreover, 

it is premature and unnecessary to 

determine the scope of the documents 

that should be included in an 

administrative record for this rule that 

may be compiled in the future. 

Comments Regarding the Economic 

Analysis and Environmental 

Assessment 

In support of the proposed rule, we 

prepared an initial economic analysis 

and draft environmental assessment. We 

received several comments regarding 

both documents. These are discussed in 


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the final economic analysis and 

environmental assessment that 

accompany this rule. 

Miscellaneous 

In preparing this final rule, we 

noticed an error in § 319.7–4, which 

contains general conditions regarding 

the withdrawal, cancellation, and 

revocation of various permits for plants 

and plant products. 

Paragraph (b) of that section deals 

with cancellation of a permit that has 

been issued to a permittee, at the 

permittee’s request. However, the 

section had erroneously stated that, 

upon receipt of such a request, APHIS 

will withdraw the individual’s 

application, rather than cancel his or 

her permit. We have corrected this error. 

Therefore, for the reasons given in the 

proposed rule and in this document, we 

are adopting the proposed rule as a final 

rule, with the changes discussed in this 

document. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This 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 the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is 

summarized below. 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. 

APHIS is amending the regulations in 

7 CFR 319.37–8(e), which restrict the 

importation of orchids of the genus 

Oncidium to those plants that are free of 

sand, soil, earth, and other growing 

media. This rule amends the regulations 

to include Oncidium spp. from Taiwan 

on the list of plants that may enter the 

United States established in approved 

growing media, subject to specified 

growing, inspection, and certification 

requirements. 

Eliminating the requirement that 

Oncidium spp. from Taiwan must be 

bare-rooted is expected to increase the 

number and quality of these plants 

imported by U.S. growers, who then 

finish the plants for the retail market. It 

is also expected to reduce the 

production time for growers. However, 

gains due to improved product quality 

and reduced production time are likely 

to lead to compensating price 

adjustments, assuming a competitive 

market. 

Oncidium spp. represent an unknown 

but small portion of the orchid market 

and orchid trade. While many of the 

entities that may be affected by the final 

rule, such as importers of orchids for the 

potted plant market, are small by Small 

Business Administration (SBA) 

standards, we expect any impact to be 

minimal, given Oncidium spp. having a 

small share of the U.S. orchid market 

and a small share of total orchid imports 

from Taiwan. Allowing importation of 

Oncidium spp. from Taiwan in growing 

media could also lead to an expanded 

market for this genus. The variety’s 

range of unusual appearances appeals to 

collectors and other niche markets, but 

could also result in mass market 

demand. 

Under these circumstances, the 

Administrator has determined that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. 

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 into the United States of 

Oncidium spp. orchids in approved 

growing media from Taiwan, subject to 

a required systems approach, will not 

have a significant impact on the quality 

of the human environment in the United 

States. 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. 

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) 799–7039 to facilitate 

entry into the reading room. In addition, 

copies may be obtained by writing to the 

individual 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. 

§ 319.7–4 [Amended] 

■ 2. In § 319.7–4, in paragraph (b), the 

words ‘‘withdrawal of the application’’ 

are removed, and the words 

‘‘cancellation of the permit’’ are added 

in their place. 

§ 319.37–8 [Amended] 

■ 3. Section 319.37–8 (e), introductory 

text, is amended as follows: 

■ a. By adding, in alphabetical order, an 

entry for ‘‘Oncidium spp. from Taiwan’’. 

■ b. In footnotes 9 and 10, by removing 

the words ‘‘footnote 9’’ and adding the 

words ‘‘footnote 8’’ in their place. 

Done in Washington, DC, this 29th day of 

January 2016. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2016–02141 Filed 2–3–16; 8:45 am] 

BILLING CODE 3410–34–P 


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