17586

Notices Federal Register Vol. 86, No. 63

Monday, April 5, 2021

This section of the FEDERAL REGISTER contact Mrs. Chessa Huff-Woodard, After reviewing the comments, APHIS contains documents other than rules or Esq., Branch Chief of Policy, Program, then published a final rule 3 in the proposed rules that are applicable to the and International Collaboration, BRS, Federal Register on May 18, 2020 (85 public. Notices of hearings and investigations, APHIS, 4700 River Road, Riverdale, MD FR 29790–29838, Docket No. APHIS– committee meetings, agency decisions and 2018–0034). Along with the final rule rulings, delegations of authority, filing of 20737; (301) 851–3943. For questions petitions and applications and agency related to the environmental impact and other supporting documents, APHIS statements of organization and functions are statement, contact Ms. Joanne Serrels, published a final PEIS. Public examples of documents appearing in this Biological Scientist, ERAS, PPD, APHIS, comments we received on the NOI are section. 4700 River Road, Riverdale, MD 20737; summarized in Appendix 2 of the final (301) 851–3867. PEIS, along with APHIS’ responses. Public comments that we received on DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: On June the June 2019 proposed rule that 29, 2018, the and Plant Health specifically addressed the draft PEIS are Animal and Plant Health Inspection Inspection Service (APHIS) published a summarized in Appendix 3 of the final Service notice of intent (NOI) 1 in the Federal PEIS, along with APHIS’ responses. [Docket No. APHIS–2018–0034] Register (83 FR 30688–30689, Docket On May 8, 2020, the Environmental No. APHIS–2018–0034) to prepare a Protection Agency published a notice 4 Environmental Impact Statement; programmatic environmental impact in the Federal Register (85 FR 27412– Movement of Certain Genetically statement (PEIS). The NOI solicited 27413, Docket No. ER–FRL–9050–7) Engineered Organisms: Record of public comment to help define the announcing the availability of the final Decision issues to be considered in the PEIS and PEIS to the public. Additionally, APHIS scope of alternatives to consider in posted the final PEIS on its website on AGENCY: Animal and Plant Health revision of the biotechnology May 14, 2020. On May 22, 2020 the Inspection Service, USDA. regulations in 7 CFR part 340. Environmental Protection Agency ACTION: Notice. published a second notice 5 in the The comment period on the NOI Federal Register (85 FR 31182–31183, SUMMARY: This notice advises the public ended on July 30, 2018. At the close of Docket No. ER–FRL–9050–9) extending of the Animal and Plant Health this comment period APHIS had the review period for the PEIS until June Inspection Service’s record of decision received 35 submissions from the 22, 2020. for the final environmental impact public. The submissions were from The National Environmental Policy statement titled ‘‘Revisions to USDA– individuals from academic Act (NEPA) implementing regulations in APHIS 7 CFR part 340 Regulations organizations, professional 40 CFR 1506.11(b)(2) require a Governing the Importation, Interstate organizations, trade groups, commodity minimum 30-day waiting period Movement, and Environmental Release groups, industry, non-governmental between the time a final EIS is of Certain Genetically Engineered organizations, federally recognized published and the time an agency makes Organisms.’’ Tribes, and unspecified individuals. a decision on an action covered by the DATES: An official of the Animal and On June 6, 2019, APHIS published a EIS. We received one comment during Plant Health Inspection Service– proposed rule 2 in the Federal Register the waiting period. APHIS has reviewed Biotechnology Regulatory Services (84 FR 26514–26541, Docket No. the final EIS and concluded that it fully signed the record of decision on March APHIS–2018–0034) that entailed a analyzes the issues covered by the draft 19, 2021. comprehensive revision of the EIS and addresses the comment and suggestions submitted by the ADDRESSES: You may read the final regulations in part 340. Along with the environmental impact statement and proposed rule, a draft PEIS and other commenter. This notice advises the public that the waiting period has record of decision in our reading room. supporting documents were published elapsed, and APHIS has issued a record The reading room is located in room for public review and comment. The of decision (ROD) to implement the 1620 of the USDA South Building, 14th proposed rule and the draft PEIS were preferred alternative described in the Street and Independence Avenue SW, made available to the public both on the final EIS. Washington, DC. Normal reading room Regulations.gov website and on APHIS’ The ROD has been prepared in hours are 8 a.m. to 4:30 p.m., Monday website. The comment period for both accordance with: (1) NEPA, as amended through Friday, except holidays. To be documents closed on August 5, 2019. (42 U.S.C. 4321 et seq.); (2) regulations sure someone is there to help you, APHIS received a total of 6,151 public of the Council on Environmental please call (202) 799–7039 before submissions. The commenters on the Quality for implementing the coming. The record of decision, final proposed rule and draft PEIS fell into procedural provisions of NEPA (40 CFR environmental impact statement, and the same categories as did those on the parts 1500–1508); (3) USDA regulations supporting information may also be NOI. implementing NEPA (7 CFR part 1b); viewed on the Regulations.gov website. To obtain copies of the documents, 1 To view the NOI and the comments we received, 3 To view the final rule, go to contact the person listed under FOR go to www.regulations.gov, and enter APHIS–2018– www.regulations.gov and enter APHIS–2018–0034 FURTHER INFORMATION CONTACT. 0034 in the Search field. in the Search field. 2 4 To view the notice, go to www.regulations.gov FOR FURTHER INFORMATION CONTACT: To view the proposed rule the comments we For received, and the supporting documents, go to and enter ER–FRL–9050–7 in the Search field. information on the movement of www.regulations.gov and enter APHIS–2018–0034 5 To view the notice, go to www.regulations.gov genetically engineered organisms, in the Search field. and enter ER–FRL–9050–9 in the Search field.

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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 -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, pests, Chrysodeixis chalcites Kenya change, or remove restrictions on the and Lobesia botrana, both , 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 , 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 , 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.

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