[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
[Proposed Rules]
[Pages 23683-23685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11497]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 63, No. 83 / Thursday, April 30, 1998 /
Proposed Rules
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 89-154-3]
Importation of Rhododendron Established in Growing Media
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule; reopening and extension of comment period.
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SUMMARY: We are reopening and extending the comment period on a
proposal to allow the importation of Rhododendron established in
growing media. Final action on that proposal had been deferred to allow
consultation regarding the action with the United States Fish and
Wildlife Service, in accordance with the Endangered Species Act. That
consultation has been completed, and, as a result, the proposed action
has been limited to Rhododendron imported only from Europe. This
reopening of the comment period will allow interested parties an
opportunity to comment on this change to the original proposal.
DATES: Consideration will be given only to comments received on or
before June 1, 1998.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 89-154-3, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road, Riverdale, MD 20737-1238. Please state
that your comments refer to Docket No. 89-154-3. Comments received may
be inspected 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
comments are requested to call ahead on (202) 690-2817 to facilitate
entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Mr. Peter M. Grosser, Senior Import
Specialist, PIMT, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD
20737-1236; (301) 734-6799.
SUPPLEMENTARY INFORMATION:
Background
On September 7, 1993, we published in the Federal Register a
proposed rule (58 FR 47074-47084, Docket No. 89-154-1) to allow the
importation of five genera of plants established in growing media. That
proposal is referred to below as ``the proposed rule.'' We accepted
comments on the proposed rule for a period of 90 days, ending December
6, 1993.
In a final rule published in the Federal Register on January 13,
1995, and effective on February 13, 1995 (60 FR 3067-3078, Docket No.
89-154-2), the Animal and Plant Health Inspection Service (APHIS)
finalized provisions for importation of Alstroemeria, Ananas,
Anthurium, and Nidularium. The final rule postponed action on
Rhododendron established in growing media.
Based on comments submitted on the proposed rule, it was determined
that before taking final action with regard to importing Rhododendron,
APHIS should consult with the United States Fish and Wildlife Service
regarding potential endangered species impacts associated with
importation of Rhododendron. This consultation was necessary due to the
presence in the United States of species of Rhododendron that are
listed, and are proposed for listing, as endangered or threatened under
the Endangered Species Act (16 U.S.C. 1531 et seq.). Several commenters
noted that an endangered Rhododendron species in the United States
might be damaged by alien pests introduced on imported Rhododendron.
We have now completed that consultation, in compliance with Section
7 of the Endangered Species Act (16 U.S.C. 1537). That consultation
1 revealed that if Rhododendron in growing media is imported
from Europe in accordance with the requirements proposed by APHIS, such
importation is not likely to adversely affect endangered or threatened
species or their habitats. However, the consultation also revealed that
insufficient data has been assembled to conclusively demonstrate that
importing Rhododendron in growing media from areas other than Europe
would not adversely affect endangered or threatened species or their
habitats.
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\1\ The letters documenting the consultation are available for
viewing in the comment reading room (see ADDRESSES) or by contacting
the person listed under FOR FURTHER INFORMATION CONTACT.
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Therefore, we are modifying the provisions of the proposed rule
that apply to Rhododendron, to apply only to Rhododendron from Europe.
We propose to add the phrase ``Rhododendron from Europe'' to the list
in Sec. 319.37-8(e) of plants that may be imported established in
approved growing media. Compliance with Section 7 of the Endangered
Species Act has been completed for the importation of Rhododendron in
growing media from European countries. Should others propose to
initiate importation of Rhododendron in growing media, that proposed
action would be reviewed with the Fish and Wildlife Service under the
provisions of the Endangered Species Act at the time of the review.
We are not modifying the provisions of the proposed rule pertaining
to three mitigation measures specific to Rhododendron. These mitigation
measures appeared in the original proposal on September 7, 1993 (58 FR
at 47079-80), and, for easy reference, are repeated here. With regard
to the first mitigation measure, we propose that the greenhouse screen
openings, in facilities which grow and import Rhododendron in
accordance with Sec. 319.37-8(e), shall not be greater than 0.2 mm.
This differs from the current requirement of no greater than 0.6 mm
screen openings for all other genera. As indicated in the original
proposal, we had identified 10 significant pests of Rhododendron that
could enter greenhouses through openings greater than 0.2 mm. These
Rhododendron pests are geometrid and tortricid moths of the genera
Acleris, Arichanna, Cacoecimorpha, and Olethreutes, the mites
Tarsonemus and Phyllocoptes, the whitefly Dialeurodes chittendenu, the
leafhopper Phiogotettis cyclops, the lace bug Stephanitis caucasia, and
the scale insect Eulecanium. This first mitigation measure specific to
Rhododendron appears as a proposed amendment to Sec. 319.37-
8(e)(2)(ii).
Secondly, we propose to require that the mother stock of
Rhododendron spp. grown in accordance with the
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regulations be visually inspected for signs of specified diseases that
could cause substantial damage if introduced into the United States.
Visual inspection of Rhododendron would be required for evidence of
diseases caused by Chrysomyxa ledi var. rhododendri, Erysiphe
cruciferarum, Erysiphe rhododendri, Exobasidium vaccinum and E.
vaccinum var. japonicum, and Phomopsis theae. This second mitigation
measure specific to Rhododendron appears in proposed Sec. 319.37-
8(e)(2)(ix).
Lastly, we propose that Rhododendron species must be introduced
into the greenhouse as tissue cultures or as rootless stem cuttings
from mother plants that have received a pesticide dip prescribed by the
plant protection service of the exporting country for mites, scale
insects, and whitefly, and that have been grown for at least the
previous 6 months in a greenhouse that meets the requirements of
Sec. 319.37-8(e)(2)(ii). Treating the mother plants for these pests and
growing them in a controlled greenhouse for 6 months makes it very
unlikely the mother plants will harbor pests. Allowing the mother
plants to be propagated only through tissue culture or rootless stem
cuttings makes it probable that, even if the mother plant somehow
became infested with these pests, they would not be included in the
tissue used to establish new plants for export to the United States.
This third mitigation measure specific to Rhododendron appears in
proposed Sec. 319.37-8(e)(2)(x).
Reopening and Extension of Comment Period
We are reopening the comment period on that portion of Docket No.
89-154-1 that concerns the importation of Rhododendron established in
growing media. We will accept comments for 30 days on the proposal to
allow importation of Rhododendron in growing media from Europe only.
This action will provide interested persons with additional time in
which to prepare comments on the importation of Rhododendron in growing
media from Europe.
Comments already received concerning the proposed importation of
Rhododendron will remain under consideration and need not be
resubmitted.
Executive Order 12866 and Regulatory Flexibility Act
The proposed rule (58 FR 47074-47084, Docket No. 89-154-1) has been
determined to be economically significant, and was reviewed by OMB
under Executive Order 12866.
The composite effect of this rulemaking and several anticipated
related rulemakings over the next several years, which could result in
allowing importation of over 60 genera of plants in growing media that
are currently prohibited, could have effects on U.S.-foreign
competition that are within the scope of the definition of economically
significant in Executive Order 12866.
At the time we published the proposal to allow importation of
Rhododendron in growing media on September 7, 1993 (58 FR 47074-47084,
Docket No. 89-154-1), we prepared a preliminary Regulatory Impact
Analysis (RIA) and a initial Regulatory Flexibility Analysis (RFA)
concerning the proposal and future rules allowing the importation of
additional plants in growing media. The RIA and RFA took a broad
approach and made certain necessary assumptions in order to form an
estimate of economic effects. The RIA and RFA assumed that APHIS will
propose to allow entry of all plants in growing media for which we have
received requests for entry, and made generic assumptions about
safeguards and precautionary procedures that may be required for entry
of some genera. As announced in the proposed rule, the RIA and RFA will
be continually updated and refined as choices are made and rulemaking
advances, to incorporate more precise information on the costs,
benefits, and other economic effects associated with rulemaking
decisions.
The preliminary RIA and RFA addressed the importation of all
requested genera, including Rhododendron. The preliminary RIA and RFA
were updated in a final RIA and RFA in the final rule, which allowed
importation of four genera in growing media (but not Rhododendron). The
final RIA and RFA did not address Rhododendron. A cost-benefit analysis
and final RFA addressing Rhododendron, including any data obtained as a
result of comments, will be available when a final rule is published
for importing Rhododendron from Europe in growing media. Copies of the
preliminary RIA and RFA may be obtained by sending a written request to
the Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, 4700
River Road Unit 118, Riverdale, MD 20737-1238.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This proposed rule would allow Rhododendron
established in growing media to be imported into the United States from
any country in Europe that meets the requirements of Sec. 319.37-8(e).
If this proposed rule is adopted: (1) All State and local laws and
regulations that are inconsistent with this rule will be preempted; (2)
no retroactive effect will be given to this rule; and (3)
administrative proceedings will not be required before parties may file
suit in court challenging this rule. Some nursery stock is imported for
immediate distribution and sale to the consuming public, and would
remain in foreign commerce until sold to the ultimate consumer. The
question of when foreign commerce ceases in other cases must be
addressed on a case-by-case basis. If this proposed rule is adopted, no
retroactive effect will be given to the rule, and the rule will not
require administrative proceedings before parties may file suit in
court challenging the rule.
Paperwork Reduction Act
This proposed rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by
reference, Nursery Stock, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Rice, Vegetables.
Accordingly, 7 CFR part 319 would be amended as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 would continue to read as
follows:
Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and
2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).
Sec. 319.37-8 [Amended]
2. Section 319.37-8 would be amended as follows:
a. In paragraph (e) introductory text, by adding the phrase
``Rhododendron from Europe,'' immediately before the phrase ``and
Saintpaulia.''
b. In the second sentence in paragraph (e)(2)(ii), by adding the
phrase ``(0.2 mm for greenhouses growing Rhododendron spp.)''
immediately after the phrase ``0.6 mm''.
c. In paragraph (e)(2)(vii), by removing the word ``and,''
immediately after the word ``pests;''.
d. In paragraph (e)(2)(viii), by removing the period at the end of
the paragraph and adding a semi-colon in its place.
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e. By adding new paragraphs (e)(2)(ix) and (e)(2)(x) to read as
follows:
Sec. 319.37-8 Growing media.
* * * * *
(e) * * *
(2) * * *
(ix) If Rhododendron species, propagated from mother plants that
have been visually inspected by an APHIS inspector or an inspector of
the plant protection service of the exporting country, and found free
of evidence of diseases caused by the following pathogens: Chrysomyxa
ledi var. rhododendri, Erysiphe cruciferarum, Erysiphe rhododendri,
Exobasidium vaccinum and vaccinum var. japonicum, and Phomopsis theae;
and
(x) If Rhododendron species, introduced into the greenhouse as
tissue cultures or as rootless stem cuttings from mother plants that:
(A) Have received a pesticide dip prescribed by the plant
protection service of the exporting country for mites, scale insects,
and whitefly; and
(B) Have been grown for at least the previous 6 months in a
greenhouse that meets the requirements of Sec. 319.37-8(e)(2)(ii).
* * * * *
Done in Washington, DC, this 23rd day of April 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-11497 Filed 4-29-98; 8:45 am]
BILLING CODE 3410-34-P
