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.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

43155 

Vol. 82, No. 177 

Thursday, September 14, 2017 

1To view the proposed rule, pest risk assessment 

(PRA), risk management document (RMD), 

environmental assessment (EA), finding of no 

significant impact (FONSI), and the comments we 

received, go to https://www.regulations.gov/ 

docket?D=APHIS-2015-0091. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2015–0091] 

RIN 0579–AE24 

Importation of Orchids in Growing 

Media From the Republic of Korea Into 

the Continental United States 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

regulations governing the importation of 

plants for planting to add orchid plants 

of the genera Phalaenopsis and 

Cymbidium from the Republic of Korea 

to the list of plants that may be 

imported into the continental 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 Republic of Korea 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: Effective October 16, 2017. 

FOR FURTHER INFORMATION CONTACT: Mrs. 

Rosemarie Rodriguez-Yanes, Regulatory 

Policy Specialist, Plants for Planting 

Policy, PPQ, APHIS, 4700 River Road, 

Unit 133, Riverdale, MD 20737, (301) 

851–2313. 

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 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 plant pest 

risks. 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: 

• Specifies the types of growing 

media that may be used; 

• Requires 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; 

• 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 § 319.37– 

8(e); 

• Requires that the parent plants of 

the exported plants in growing media 

are produced from seed germinated in 

the production greenhouse or from 

mother plants that are grown and 

monitored for a specified period prior to 

export of the descendant plants; 

• 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 

• 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 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 pest introduction associated with 

the importation into the United States of 

approved plants established in growing 

media. 

On August 12, 2016, we published in 

the Federal Register (81 FR 53334– 

53336, Docket No. 15–091–1) a 

proposal 1 to amend the regulations 

governing the importation of plants for 

planting to add orchid plants of the 

genera Phalaenopsis and Cymbidium 

from the Republic of Korea to the list of 

plants that may be imported into the 

continental United States in an 

approved growing medium, subject to 

specified growing, inspection, and 

certification requirements. We took that 

action in response to a request from the 

NPPO of the Republic of Korea and after 

determining that the plants could be 

imported under certain conditions 

without introducing or disseminating a 

plant pest or noxious weed within the 

United States. 

We solicited comments concerning 

our proposal for 60 days ending October 

11, 2016. We received five comments by 

that date, from members of the public, 

a State floriculture council, and a State 

agriculture agency. The comments are 

discussed below. 

One commenter supported the action 

but asked if there were regulations that 

provided compensation to stakeholders 

should the proposed safeguards be 

ineffective and result in losses. 

The regulations do not contain such 

provisions for the payment of 

compensation. 

One commenter raised concerns 

regarding the possible introduction of 

Spodoptera litura into a high-risk 

sentinel State, particularly since S. 

litura has reportedly been intercepted at 

ports of entry on orchids from abroad. 


rmajette on DSKBCKNHB2PROD with RULES
43156 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Rules and Regulations 

The commenter stated that the cost to 

eradicate the pest, or any pest, would 

severely impact the State’s agricultural 

industry. Similarly, another commenter 

asked why we would approve the 

importation of a plant that presents even 

a medium risk of introducing pests that 

could negatively impact the U.S. 

floriculture industry. 

We agree that, if the quarantine pests 

identified by the PRA were to be 

introduced into the United States, they 

could cause economic losses for 

domestic producers. However, for the 

reasons specified in the RMD and the 

proposed rule itself, if the provisions of 

this rule are adhered to, we have 

determined that they will mitigate the 

plant pest risk associated with the 

importation of Phalaenopsis and 

Cymbidium spp. plants for planting in 

approved growing media from Korea. 

One commenter noted that the 

environmental assessment does not 

indicate where in Korea the orchids are 

produced and whether such areas are 

more densely populated with the 

associated plant pests. The commenter 

suggested that the pest densities could 

impact the effectiveness of the 

prescribed sanitation protocols. 

We acknowledge that such densities 

can vary; however, the greenhouses will 

have to employ phytosanitary 

procedures that correspond to the 

quarantine pest risk associated with the 

area in which the greenhouse is located 

and are adequate to address this risk, as 

determined by the NPPO of the 

Republic of Korea and APHIS. 

One commenter stated that inspection 

30 days prior to exportation is 

inadequate to insure the plants are free 

from plant pests even if the plants are 

inspected and certified as pest-free. 

The orchids produced under this 

approach will have a higher standard of 

pest freedom at the time of import than 

similar plants produced under the 

requirements of only removing the 

growing media. Under the requirements 

of the operational work plan, the 

exported plants are grown with specific 

mitigation measures that are a condition 

of entry, verified by the NPPO. Only 

those plants that are grown under a 

higher level of safeguarding may enter 

as plants in growing media. Any visible 

plant pests at the time of inspection at 

the port of entry will result in the 

consignment being rejected and 

prohibited from entry into the United 

States. 

One commenter expressed concern 

that allowing orchids in growing media 

from Korea would increase competition 

with U.S. orchid growers and force 

several small business and U.S. orchid 

markets to close their doors. The 

commenter compared this action to the 

importation of orchids in growing media 

from Taiwan, which reportedly 

negatively impacted orchid producers in 

Hawaii. Furthermore, a few commenters 

suggested that APHIS should do more to 

support the U.S. orchid industry by 

negotiating with foreign governments to 

simplify and expedite the exportation 

process for U.S.-produced orchids. 

The Taiwan market comparison is 

inappropriate as there was a large 

established market for Taiwanese 

orchids prior to the rule that allowed 

the importation of Phalaenopsis spp. 

orchids from Taiwan, which does not 

exist for the Republic of Korea orchid 

industry. From 2008 to 2014, orchid 

imports from the Republic of Korea 

averaged less than 2 percent of U.S. 

orchid imports and did not exceed 4 

percent in any one year over this time 

period. Korean producers and exporters 

must cover their production, 

transportation, and marketing costs 

given U.S. market prices. The U.S. 

market’s competitive environment for 

orchids will limit the quantities of 

Phalaenopsis and Cymbidium spp. 

plants in approved growing media 

imported from the Republic of Korea. 

As for the impact of the rule allowing 

the importation of Phalaenopsis spp. 

orchids in approved growing media 

from Taiwan, data for individual genera 

of orchids are sparse, but sufficient to 

determine that wholesale prices for 

orchids of the genus Phalaenopsis 

declined from $8.98 to $8.10 from 1998 

to 2009, a decrease of about 10 percent 

over 10 years, which allowed consumers 

to pay less for more selection and 

variety. Additionally, the same small 

businesses that purchased bare root 

orchids may now purchase established 

orchids in growing media. The option of 

importing plants in growing media 

extends the ability for small business to 

take advantage of lowering their 

production costs to provide healthy 

plants to the public. 

In regards to improving export 

conditions for U.S. orchid producers, 

we note that importation conditions in 

a particular country are established by 

the importing country. As exporters, we 

can request that the conditions for 

importation be more equivalent to those 

required by the United States; however, 

it is the right of the importing country 

to establish the requirements for 

importation within the scope of 

international agreements and treaties. 

One commenter stated that they 

would not support the importation of 

orchids in growing media in general 

until APHIS implements testing for 

viruses often carried by orchids. The 

commenter questioned the growing 

practices of Korean orchid producers 

based on the commenters’ assumption 

that Taiwan is exporting infected 

orchids in growing media to the United 

States due to poor growing practices. 

We agree with the commenter 

regarding the importance of preventing 

the introduction of viruses associated 

with these commodities. We assess all 

pests known to be in the country, 

including viruses, and mitigate 

accordingly. The PRA identified these 

pests to the best of our knowledge and 

proposed mitigation options for them if 

required. We do not have data to 

support the commenter’s claim that 

orchids in growing media from Taiwan 

are carrying viruses. 

Therefore, for the reasons given in the 

proposed rule and this document, we 

are adopting the proposed rule as a final 

rule without change. 

Executive Orders 12866 and 13771 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. Further, 

because this rule is not significant, it is 

not a regulatory action under Executive 

Order 13771. 

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 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). 

Orchids are the single largest group of 

potted flowering plants sold in the 

United States, comprising about $266 

million of the $788 million in 2014 sales 

for this industry. In 2014, Phalaenopsis 

spp. comprised 57 percent of orchid 

sales. Although Cymbidium spp. are 

popular in other parts of the world, the 

quantity of potted Cymbidium spp. sold 

in the United States is small when 

compared to other varieties of orchids. 

The proposed rule would enable 

Korean exporters to provide highervalued, mature potted plants directly to 

wholesalers and retailers. However, 

such a scenario is considered unlikely, 

given the technical challenges and 

marketing costs incurred when shipping 

finished plants in pots. A more likely 

scenario is for the Republic of Korea to 

export immature plants as bare root 

plants or in approved growing media to 

U.S. nurseries to grow and sell as 

finished plants. 


rmajette on DSKBCKNHB2PROD with RULES
Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Rules and Regulations 43157 

The United States imported more than 

6,760 metric tons (MT) of live orchids 

valued at about $83 million in 2014, 

with Taiwan supplying almost 84 

percent. The Republic of Korea expects 

to export to the United States from 2 to 

5 million Phalaenopsis plants and about 

1 million Cymbidium plants per year in 

approved growing media. This 

combined number of plants, 3 to 6 

million, is estimated to equal more than 

2,000 MT to 4,000 MT per year. This 

amount seems disproportionate to the 

Republic of Korea’s history of orchid 

exports worldwide, which have 

declined from 2,936 MT in 2010 to 806 

MT in 2014. The Republic of Korea 

exported only 1.3 MT of bare-rooted 

orchid plants to the United States in 

2014. 

We expect the quantity of orchids in 

approved growing media imported from 

the Republic of Korea will also be 

limited because of the U.S. market’s 

competitive environment. Import levels 

would depend on the ability of Korean 

producers and exporters to cover their 

production, transportation, and 

marketing costs given U.S. market 

prices. U.S. nurseries that purchased the 

Korean orchids in approved growing 

media would benefit from their 

improved quality and reduced 

production time in comparison to barerooted plants. The final rule would 

increase competition for U.S. producers 

and importers of immature 

Phalaenopsis spp. and Cymbidium spp. 

plants. 

U.S. orchid producers numbered 158 

in 2012. Of those producers, it is 

unknown how many are small entities. 

Given the relatively small quantity of 

orchid plants in approved growing 

media that we expect to be imported 

from the Republic of Korea, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action, if 

promulgated, 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 EA and FONSI have been 

prepared for the final rule. The EA 

provides a basis for the conclusion that 

the importation into the continental 

United States of Phalaenopsis spp. and 

Cymbidium spp. orchid varieties in 

approved growing media from the 

Republic of Korea, subject to a required 

systems approach, will not have a 

significant impact on the quality of the 

human environment. Based on the 

FONSI, the Administrator of the Animal 

and Plant Health Inspection Service has 

determined that an environmental 

impact statement need not be prepared. 

The EA and FONSI 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 EA and FONSI may be viewed on 

the Regulations.gov Web site (see 

footnote 1). Copies of the EA and FONSI 

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 

In accordance with section 3507(d) of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the information 

collection or recordkeeping 

requirements included in this final rule, 

which were filed under 0579–0454, 

have been submitted for approval to the 

Office of Management and Budget 

(OMB). When OMB notifies us of its 

decision, if approval is denied, we will 

publish a document in the Federal 

Register providing notice of what action 

we plan to take. 

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 rule, please contact Ms. Kimberly 

Hardy, APHIS’ Information Collection 

Coordinator, at (301) 851–2483. 

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. 

■ 2. Section 319.37–8 is amended as 

follows: 

■ a. In paragraph (e) introductory text, 

by adding a new entry for ‘‘Cymbidium 

spp. from the Republic of Korea’’ in 

alphabetical order and revising the entry 

for Phalaenopsis spp.; 

■ b. By revising paragraph (e)(2)(xiii); 

and 

■ c. By revising the OMB citation at the 

end of the section. 

The addition and revisions read as 

follows: 

§ 319.37–8 Growing media. 

* * * * * 

(e) * * * 

Cymbidium spp. from the Republic of 

Korea 

* * * * * 

Phalaenopsis spp. from Taiwan, the 

People’s Republic of China, and the 

Republic of Korea 

* * * * * 

(2) * * * 

(xiii) Plants for planting of 

Phalaenopsis spp. from the People’s 

Republic of China and Phalaenopsis 

spp. and Cymbidium spp. from the 

Republic of Korea may only be imported 

into the continental United States, and 

may not be imported or moved into 

Hawaii or the territories of the United 

States. 

* * * * * 

(Approved by the Office of Management and 

Budget under control numbers 0579–0266, 

0579–0431, 0579–0439, and 0579–0454) 

Done in Washington, DC, this 8th day of 

September 2017. 

Michael C. Gregoire, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2017–19519 Filed 9–13–17; 8:45 am] 

BILLING CODE 3410–34–P 


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