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Federal Register/Vol. 86, No. 63/Monday, April 5, 2021/Notices Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Notices 17587 and (4) APHIS’ NEPA Implementing 20, APHIS may impose quarantines and greenhouse that includes safeguards Procedures (7 CFR part 372). other restrictions on the importation of against pests such as insect-proof Done in Washington, DC, this 31st day of specific types of plants for planting. screening over openings and self-closing March 2021. These restrictions are listed in the double or airlock-type doors. The risk 1 Michael Watson, USDA Plants for Planting Manual. management measures also require that In a final rule 2 published in the the production sites have monthly Acting Administrator, Animal and Plant Federal Register on March 19, 2018 (83 Health Inspection Service. inspections for lepidopteran pests for at FR 11845–11867, Docket No. APHIS– least four consecutive months [FR Doc. 2021–06978 Filed 4–2–21; 8:45 am] 2008–0011), and effective on April 18, immediately prior to export. We are BILLING CODE 3410–34–P 2018, we amended the regulations so confident that these measures will that restrictions on the importation of sufficiently protect the cuttings against certain types of plants for planting DEPARTMENT OF AGRICULTURE lepidopteran pests without the need for would be included in the USDA Plants pheromone lures, which can attract Animal and Plant Health Inspection for Planting Manual instead of the pests over long distances and have the Service regulations, meaning that changes to potential to inadvertently attract more specific restrictions on plants for pests to the production site. [Docket No. APHIS–2018–0068] planting are no longer made through One of these commenters also rulemaking. Under § 319.37–20, if Importation of Dianthus spp. From requested that we include two APHIS determines it is necessary to add, arthropod pests, Chrysodeixis chalcites Kenya change, or remove restrictions on the and Lobesia botrana, both moths, in our importation of a specific type of plant AGENCY: Animal and Plant Health considerations. Inspection Service, USDA. for planting, we will publish in the Both of these pests are addressed in ACTION: Notice. Federal Register a notice that announces the proposed change and the CIED. Chrysodeixis chalcites is among the pests specifically named in SUMMARY: We are notifying the public invites public comment. that we are updating the U.S. On May 9, 2019, we published in the the risk mitigation measure of monthly Department of Agriculture Plants for Federal Register (84 FR 20323–20324, visual crop inspections for at least four Planting Manual to allow the Docket No. APHIS–2018–0068) a consecutive months immediately prior importation of Dianthus spp. cuttings notice 3 in which we proposed to make to export. Lobesia botrana is listed in a from Kenya without postentry changes to the import requirements in table of additional Dianthus spp. pests quarantine, subject to certain the USDA Plants for Planting Manual present in Kenya, but with a note that conditions. We are taking this action in for imports of Dianthus spp. (carnation) Dianthus spp. is an exempted host from response to a request from this country cuttings from Kenya by allowing the domestic quarantine regulations within and after determining that the cuttings cuttings to be imported into the United the United States for the movement of can be imported, under certain States without postentry quarantine, Lobesia botrana host material as it has conditions, without resulting in the subject to certain conditions outlined in been determined not to pose a risk of introduction into, or the dissemination a commodity import evaluation spreading Lobesia botrana. For the sake within, the United States of a plant pest. document (CIED). of consistency with domestic We solicited comments on the notice regulations, we did not propose DATES: The changes to the entry for 60 days ending on July 8, 2019. We mitigations for Lobesia botrana for the conditions will be applicable on April 5, received six unique comments by that importation of Dianthus spp. plants for 2021. date. They were from two horticultural planting from Kenya without postentry FOR FURTHER INFORMATION CONTACT: Ms. companies, two national trade quarantine. ´ Lydia E. Colon, Senior Regulatory organizations who issued a joint The commenter also requested that Policy Specialist, PPQ, APHIS, 4700 comment, two State departments of the risk management measures include River Road, Unit 133, Riverdale, MD agriculture, and a growers’ and inspecting the soil around the plants for 20737–1236; (301) 851–2302. landscape association. Agrotis segetum, a moth, and inspecting SUPPLEMENTARY INFORMATION: The issues raised by the commenters the stems for boreholes as well as are addressed below. Background cutting open a percentage of stems to Two commenters asked that the risk check for Epichoristodes acerbella, a Under the regulations in ‘‘Subpart management measures include trapping moth. H—Plants for Planting’’ (7 CFR 319.37– for lepidopteran pests using pheromone 1 through 319.37–23, referred to below lures. One of these commenters APHIS will emphasize in the as the regulations), the Animal and expressed particular concern about the operational workplan that visual Plant Health Inspection Service (APHIS) pests Helicoverpa armigera, Agrotis inspections should include an of the U.S. Department of Agriculture segetum, and Spodoptera littoralis. examination of the soil and an (USDA) prohibits or restricts the As stated in the CIED, APHIS will inspection of stems for boreholes. importation of plants for planting require that the Dianthus spp. cuttings However, because the plant articles in (including living plants, plant parts, are grown in a pest-exclusionary question are cuttings, and therefore not seeds, and plant cuttings) to prevent the likely to have stems sufficient to introduction of quarantine pests into the 1 https://www.aphis.usda.gov/import_export/ support borers, we do not believe _ _ United States. Quarantine pest is plants/manuals/ports/downloads/plants for stipulating the cutting open of stems to planting.pdf. be necessary. defined in § 319.37–2 as a plant pest or 2 The proposed and final rules, supporting noxious weed that is of potential documents, and comments can be viewed at https:// One commenter expressed concern economic importance to the United www.regulations.gov. Enter APHIS–2008–0011 in about the importation of Dianthus spp. States and not yet present in the United the Search field. from Kenya introducing strains of 3 To view the notice, supporting documents, and Ralstonia solanacearum. States, or present but not widely the comments we received, go to http:// distributed and being officially www.regulations.gov, and enter APHIS–2018–0068 Dianthus spp. is not known to be a controlled. In accordance with § 319.37– in the Search field. host of Ralstonia solanacearum. VerDate Sep<11>2014 17:23 Apr 02, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\05APN1.SGM 05APN1 jbell on DSKJLSW7X2PROD with NOTICES 17588 Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Notices One commenter asked about APHIS’ As cuttings of Dianthus spp. are • The NPPO maintains a list of objective in lifting the postentry already imported into the United States registered growers and provides them to quarantine. from Kenya and this change would not APHIS at least annually. APHIS has the authority to impose impact the current volume imported, • The production site incorporates restrictions on the importation of this change should not have any safeguards to prevent the entry of specific types of plants for planting economic impact or affect any jobs in arthropod pests including, but not when such restrictions are necessary to the United States. Moreover, APHIS’ necessarily limited to, insect proof effectively mitigate the risk of authority to place restrictions on screening over openings and self-closing introducing quarantine pests into the imports of cuttings of Dianthus spp. double or airlock-type doors. United States. After receiving a request from Kenya is based on the pest risks • Blacklight traps are maintained for from Kenya to allow for the importation associated with such imports. The at least 1 year following construction of of Dianthus spp. cuttings from Kenya Agency does not have statutory the production site, registration of the without postentry quarantine, APHIS authority to make decisions regarding site, replacement of the covering of the determined that the systems approach restrictions placed on the importation of production site, or discovery and repair outlined in the CIED would successfully plants or plant products on the basis of to any rips or tears in the covering of the mitigate the associated plant pest risk, economic or competitive considerations. production site. therefore eliminating the need for the The commenter asked whether other • Any rips or tears are repaired postentry quarantine restriction. agricultural crops were considered in immediately. The commenter also expressed the CIED. • In the event of detection of general concern that the risk The request from Kenya focused quarantine pests in a production site, management procedures would not specifically on Dianthus spp. cuttings, the site will not be allowed to export guarantee that Dianthus spp. cuttings and therefore no other imported until appropriate control measures from Kenya would arrive to the United agricultural crops were assessed. APHIS approved by the NPPO are taken and States free from pests and would not analyzed whether this change would their effectiveness verified by APHIS. pose a risk to United States agriculture. increase the potential pest risk to • Plants destined for export to the After completing a comprehensive domestic agricultural crops and found United States are produced in a evaluation, APHIS believes that the pest that a systems approach would be production site devoted solely to risk will be sufficiently mitigated by the sufficient to mitigate any potential risk production of such plants. risk management measures outlined in to United States agriculture.
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