[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Notices]
[Pages 64825-64826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25439]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2018-0066]


Plants for Planting Whose Importation Is Not Authorized Pending 
Pest Risk Analysis; Notice of Availability of Data Sheets for Taxa of 
Plants for Planting That are Quarantine Pests or Hosts of Quarantine 
Pests

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of availability.

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SUMMARY: We are advising the public that we have determined that 26 
taxa of plants for planting are quarantine pests, and that all 
Myrtaceae taxa (when destined to Hawaii), all subfamily Bambusoideae 
taxa, and 43 other taxa of plants for planting are hosts of 18 
quarantine pests, and therefore should be added to our lists of taxa of 
plants for planting whose importation is not authorized pending pest 
risk analysis. We have prepared data sheets that detail the scientific 
evidence we evaluated in making the determination that the taxa are 
quarantine pests or hosts of quarantine pests. We are making these data 
sheets available to the public for review and comment.

DATES: We will consider all comments that we receive on or before 
January 24, 2020.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2018-0066.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2018-0066, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    The data sheets and any comments we receive may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2018-0066 or in our reading 
room, which is located in Room 1141 of the USDA South Building, 14th 
Street and Independence Avenue SW, Washington, DC. Normal reading room 
hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. 
To be sure someone is there to help you, please call (202) 799-7039 
before coming.

FOR FURTHER INFORMATION CONTACT: Dr. Indira Singh, Botanist, Plants for 
Planting Policy, IRM, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, 
MD 20737-1236; (301) 851-2020.

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart H--Plants for Planting'' (7 CFR 
319.37-1 through 319.37-23, referred to below as the regulations), the 
Animal and Plant Health Inspection Service (APHIS) of the U.S. 
Department of Agriculture prohibits or restricts the importation of 
plants for planting (including living plants, plant parts, seeds, and 
plant cuttings) to prevent the introduction of quarantine pests into 
the United States. Quarantine pest is defined in Sec.  319.37-2 as a 
plant pest or noxious weed that is of potential economic importance to 
the United States and not yet present in the United States, or present 
but not widely distributed and being officially controlled.
    Section 319.37-4 of the regulations provides that certain plants 
for planting are not authorized importation into the United States 
pending pest risk analysis (NAPPRA) in order to prevent the 
introduction of quarantine pests into the United States. There are two 
lists of taxa whose importation is NAPPRA: A list of taxa of plants for 
planting that are quarantine pests themselves, and a list of taxa of 
plants for planting that are hosts of quarantine pests. For taxa of 
plants for planting that have been determined to be quarantine pests, 
the list includes the names of the taxa. For taxa of plants for 
planting that are hosts of quarantine pests, the list includes the 
names of the taxa, the foreign countries from which the taxa's 
importation is not authorized, and the quarantine pests of concern.
    Paragraph (b) of Sec.  319.37-4 describes the process for adding 
taxa to the NAPPRA lists. In accordance with that process, this notice 
announces our determination that 26 taxa of plants for planting are 
quarantine pests, and that all Myrtaceae taxa (when destined to 
Hawaii), all subfamily Bambusoideae taxa, and 43 other taxa of plants 
for planting are hosts of 18 quarantine pests.
    This notice also makes available data sheets that detail the 
scientific evidence

[[Page 64826]]

we evaluated in making the determination that the taxa are quarantine 
pests or hosts of a quarantine pest. The data sheets include references 
to the scientific evidence we used in making these determinations.
    A complete list of the taxa of plants for planting that we have 
determined to be quarantine pests or hosts of quarantine pests, along 
with the data sheets supporting those determinations, may be viewed on 
the internet \1\ or in our reading room (see ADDRESSES above for 
information on the location and hours of the reading room). You may 
request paper copies of the list and data sheets by calling or writing 
to the person listed under FOR FURTHER INFORMATION CONTACT. For taxa of 
plants for planting that are hosts of quarantine pests, the data sheets 
specify the countries from which the taxa's importation would not be 
authorized pending pest risk analysis.
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    \1\ See https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/permits/plants-and-plant-products-permits/plants-for-planting/ct_nappra.
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Proposed Revision to Criteria for ``Significant Trade''

    In a notice published in the Federal Register on May 6, 2013 (78 FR 
26316-26317, Docket No. APHIS-2012-0076), we proposed to exempt taxa 
from NAPPRA requirements if there was ``significant trade'' between an 
exporting country and the United States in the taxon and if the 
imported plants had generally been determined to be pest free based on 
inspection at ports of entry. We stated that, generally, we would 
consider the importation from a country of 10 or more plants in each of 
last 3 fiscal years to constitute ``significant trade.'' We affirmed 
this as our criterion for an exemption from NAPPRA requirements in a 
notice published in the Federal Register on June 19, 2017 (82 FR 27786-
27792, Docket No. APHIS-2012-0076).
    In this notice, we are proposing to add Jasminum spp. plants for 
planting from South Africa to NAPPRA, and Catharanthus spp. plants for 
planting from Canada to NAPPRA, even though, in both instances, import 
history of the taxa slightly exceeds the ``significant trade'' 
threshold articulated in the 2013 and 2017 notices. This is because we 
consider the plant pest associated with Jasminum spp. and Catharanthus 
spp. plants for planting, Brevipalpus chilensis, to be high risk. 
Because of the possibility of significant adverse impacts on U.S. 
agriculture if B. chilensis were to become established within the 
United States, we decided that imports of at least 10 plants for each 
of the last 3 fiscal years would not be sufficient in order for us to 
have assurances that the importation of the taxa does not present a 
risk of introducing B. chilensis. For those two taxa, we decided that 
imports would also have to exceed 100 or more plants at least once in 
the previous 3 fiscal years for this to constitute ``significant 
trade'' in the taxa. For other taxa that we are proposing to list on 
NAPPRA, the ``significant trade'' criterion articulated in the 2013 and 
2017 notices still apply.

Zea spp. From Guatemala and Pennisetum glaucum From Chile

    On a related matter, in the 2017 final notice, we added corn (Zea 
spp.) seed imports from Guatemala and Pennisetum glaucum (Cenchrus 
americanus) seed imports from Chile to NAPPRA due to an apparent lack 
of ``significant trade.'' Since then, U.S. importers have provided 
import data, which we have corroborated, indicating that corn seed 
imports from Guatemala and P. glaucum seed imports from Chile met the 
threshold for ``significant trade'' set forth in that notice and should 
not have been added to NAPPRA. We are therefore proposing to remove 
corn seed imports from Guatemala and P. glaucum seed imports from Chile 
from NAPPRA.
    After reviewing any comments we receive, we will announce our 
decision regarding the addition of the taxa described in the data 
sheets to the NAPPRA lists, our proposed revision to the ``significant 
trade'' criterion, and our proposed removal of Zea spp. from Guatemala 
and P. glaucum from Chile from NAPPRA, in a subsequent notice. If the 
Administrator's determination that the taxa are quarantine pests or 
hosts of quarantine pests remains unchanged following our consideration 
of the comments, then we will add the taxa described in the data sheets 
to the appropriate NAPPRA list.

    Authority: 7 U.S.C. 1633 and 7701-7772 and 7781-7786; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 18th day of November 2019.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2019-25439 Filed 11-22-19; 8:45 am]
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