Rules and Regulations Federal Register Vol

2481 Rules and Regulations Federal Register Vol. 69, No. 11 Friday, January 16, 2004 This section of the FEDERAL REGISTER 56806, Docket No. 98–103–1) a proposal implementing the procedural provisions contains regulatory documents having general to amend the regulations governing the of NEPA (40 CFR parts 1500–1508), (3) applicability and legal effect, most of which importation of plants and plant USDA regulations implementing NEPA are keyed to and codified in the Code of products to allow artificially dwarfed (7 CFR part 1b), and (4) APHIS’s NEPA Federal Regulations, which is published under plants (penjing) of the genera Buxus, Implementing Procedures (7 CFR part 50 titles pursuant to 44 U.S.C. 1510. Ehretia (Carmona), Podcarpus, 372). On September 15, 2003, we The Code of Federal Regulations is sold by Sageretia, and Serissa to be imported published in the Federal Register (68 the Superintendent of Documents. Prices of into the United States from the People’s FR 53956–53957, Docket No. 98–103–3) new books are listed in the first FEDERAL Republic of China in an approved a notice announcing the availability of REGISTER issue of each week. growing medium subject to specified the environmental assessment, and growing, inspection, and certification solicited comments on the requirements. We proposed this action environmental assessment for 30 days DEPARTMENT OF AGRICULTURE after assessing the pest risks associated ending October 15, 2003. On October with the importation of penjing 28, 2003, we published in the Federal Animal and Plant Health Inspection established in growing media from the Register (68 FR 61391–61392, Docket Service People’s Republic of China under the No. 98–103–4) another notice that conditions outlined in the proposed rule extended the comment period on the 7 CFR Part 319 and determining that those plants could environmental assessment for an [Docket No. 98–103–5] be imported into the United States additional 15 days ending November 12, without presenting a significant risk of 2003. Importation of Artificially Dwarfed introducing or disseminating dangerous Plants in Growing Media from the Risk Assessments and Risk Management plant pests. We solicited comments Analysis People’s Republic of China regarding the proposed rule for 60 days, The risk assessments that supported AGENCY: Animal and Plant Health ending November 20, 2000. We subsequently extended the comment our proposed rule (referred to elsewhere Inspection Service, USDA. in this document as the 1996 risk ACTION: Final rule. period until December 20, 2000 (see 65 FR 75187, Docket No. 98–103–2, assessments) identified pests that are known to be associated with the five SUMMARY: We are amending the published on December 1, 2000). species of penjing plants in China and regulations governing the importation of In response to comments received on assessed the risk posed by those pests in plants and plant products to add the proposed rule (discussed in detail the absence of the mitigative effects of artificially dwarfed (penjing) plants of later in this document), the Animal and the requirements of § 319.37–8(e), the species Buxus sinica, Ehretia Plant Health Inspection Service (APHIS) which are designed to establish and microphylla, Podocarpus macrophyllus, narrowed the application of the rule to maintain a pest-free production Sageretia thea, and Serissa foetida from five species of plants (Buxus sinica, environment and ensure the use of pest- the People’s Republic of China to the Sageretia thea, Serissa foetida, free seeds or parent plants. Because the list of plants that may be imported in an Podcarpus macrophyllus, and Ehretia original risk assessments were prepared approved growing medium subject to microphylla) from China and entered in September 1996, APHIS believed it specified growing, inspection, and into consultation with the U.S. Fish and was appropriate to update them in order certification requirements. We are Wildlife Service (FWS) to assess the to bring them up to date with current taking this action in response to a potential effects of the proposed action APHIS guidelines 1 for pathway- request by the Government of China and on endangered or threatened species, as initiated risk assessments. The 1996 risk after determining that the penjing plants required under section 7 of the assessments were based on guidelines established in growing media can be Endangered Species Act of 1973, as applicable at the time those assessments imported without resulting in the amended (16 U.S.C. 1531 et seq.). On were drafted, and the updates were introduction into the United States or April 10, 2003, FWS concluded the necessary to provide the most the dissemination within the United section 7 consultation process by transparent communication of risk States of a plant pest or noxious weed. concurring with APHIS’s determination possible at this time. The updated risk This rule will relieve restrictions that that the importation of penjing plants assessment documents are referred to currently allow these species to be from China in growing media will not elsewhere in this document as the 2003 imported only as bare-rooted plants. adversely affect federally listed or supplementary risk assessments. EFFECTIVE DATE: February 17, 2004. proposed endangered or threatened Further, as noted by commenters, the species or their habitats. The section 7 FOR FURTHER INFORMATION CONTACT: Mr. 1996 risk assessments did not contain a consultation for this rule is described William Thomas, Import Specialist, thorough description of how the later in this document. Phytosanitary Issues Management Team, mitigation measures required under the Upon receiving concurrence from PPQ, APHIS, 4700 River Road, Unit 140, regulations in § 319.37–8(e) reduce the FWS, APHIS completed an Riverdale, MD 20737–1236; (301) 734– risk posed by the specific quarantine environmental assessment in 6799. pests of penjing that were identified in accordance with: (1) The National SUPPLEMENTARY INFORMATION: the risk assessments. To address these Environmental Policy Act of 1969 Background (NEPA), as amended (42 U.S.C. 4321 et 1 Version 5.02, available on the Internet at: http:/ On September 20, 2000, we published seq.), (2) regulations of the Council on /www.aphis.usda.gov/ppq/pra/commodity/ in the Federal Register (65 FR 56803– Environmental Quality for cpraguide.pdf. VerDate jul<14>2003 16:12 Jan 15, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1 2482 Federal Register / Vol. 69, No. 11 / Friday, January 16, 2004 / Rules and Regulations concerns, we have prepared a risk the exceptions to the requirement take approved greenhouse only as seeds, management analysis, ‘‘Pest Risk into account factors that mitigate that tissue cultures, unrooted cuttings, or Management for Chinese Penjing Plants plant pest risk. Those exceptions, which rooted cuttings without growing media. (September 15, 2003),’’ that includes a are found in paragraphs (b) through (e) Rooted cuttings may not be established substantial discussion of how the risk of § 319.37–8, consider either the origin or grown in soil at any time. Rooted mitigation measures required under this of the plants and growing media cuttings may be established in a final rule mitigate the risks posed by the (paragraph (b)), the nature of the greenhouse or outside the greenhouse classes of quarantine pests that were growing media (paragraphs (c) and (d)), on raised benches (46 cm in height) in identified as likely to follow the or the use of a combination of growing pots containing only APHIS approved commodity import pathway. The 2003 conditions, approved media, growing media. risk management analysis, as well as the inspections, and other requirements • When any cuttings are introduced 2003 supplemental risk assessments are (paragraph (e)). into the greenhouse, they must be free available on the Internet at http:// That combination approach found in of growing media, inspected, and found www.aphis.usda.gov/ppq/pim/. § 319.37–8(e) provides conditions under free of plant pests and then treated with a pesticide dip approved by the Animal Determination by the Secretary which plants from 10 listed taxa may be imported into the United States and Plant Quarantine Service of the In this document, APHIS is adopting established in an approved growing People’s Republic of China that will its proposal to allow the importation of medium. In addition to other control mites, scale insects, whiteflies, penjing plants from China established in requirements, § 319.37–8(e): thrips, and fungi. The plants must be an approved growing medium as a final • Specifies the types of growing propagated from mother plants that rule, with the changes discussed in this media that may be used; have been visually inspected by an document. Specifically, we are allowing • Requires plants to be grown in APHIS inspector or an inspector of the the importation of Buxus sinica, accordance with written agreements Animal and Plant Quarantine Service of Sageretia thea, Serissa foetida, between APHIS and the plant protection the People’s Republic of China and Podcarpus macrophyllus, and Ehretia service of the country where the plants found free of certain pests. microphylla penjing plants in growing are grown and between the foreign plant • The penjing plants must be grown media from China only. protection service and the grower; in a greenhouse that meets the Under § 412(a) of the Plant Protection • Requires the plants to be rooted and requirements of § 319.37–8(e) for at least Act, the Secretary of Agriculture may grown in a greenhouse that meets 6 months immediately prior to export. prohibit or restrict the importation and certain requirements for pest exclusion • While in the greenhouse, plants entry of any plant or plant product if the and that is used only for plants being must be treated with appropriate Secretary determines that the grown in compliance with § 319.37– pesticides at least once every 10 days or prohibition or restriction is necessary to 8(e); as needed for 3 months before shipping prevent the introduction into the United • Restricts the source of the seeds or to maintain a pest-free condition.

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