Federal Register - June 2, 2021
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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Notices requirements when there is significant trade of that plant between the exporting country and the United States.
We allow such importation based on inspection findings indicating that the imported plants are generally pest free and from which the risk of introducing quarantine pests is low.
One commenter stated that Canada should be exempt from NAPPRA
requirements for imports of Cestrum spp. and Gynura spp. on the basis of existing significant trade between Canada and the United States. The commenter cited import data indicating the number of plants exported to the United States under the US/Canada Greenhouse Grown Plant Certification Program.
Based on the information cited by the commenter, we have determined that Canada meets the threshold for significant trade with the United States and is exempt from NAPPRA
requirements for Cestrum spp. and Gynura spp.
Similarly, a commenter stated that Guatemala should be exempt from NAPPRA requirements for Zea spp.
seeds based on significant trade with the United States. Another commenter provided import data for Pennisetum glaucum Cenchrus americanus millet seeds from Chile and requested a significant trade exemption from NAPPRA requirements for this commodity.
Based upon significant trade history documented by the United States importers and provided by the national plant protection organization of Guatemala since the publication of the notice 7 in the Federal Register on June 19, 2017, we agree with the commenter and have determined that Zea spp. from Guatemala meets the threshold to be considered exempt from NAPPRA
listing. As is the case with Zea spp., additional documentation from United States importers and confirmed by APHIS data has demonstrated significant trade history of Pennisetum glaucum seeds from Chile. Therefore, as stated in the notice we published on November 25, 2019,8 we are exempting Pennisetum glaucum from Chile and Zea spp. from Guatemala from NAPPRA
restrictions.
One commenter asked APHIS to allow for the opportunity to have the NAPPRA
lists reviewed if the industry subsequently finds and can document that a history of significant trade exists 7 82 FR 2778627792, Docket No. APHIS2012
0076.
8 84 FR 6482564826, Docket No. APHIS2018
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between the exporting country and the United States.
If data can be provided for significant trade between the United States and the exporting country, we will re-evaluate the NAPPRA status of the taxon for that country.
Imports of Myrtaceae Cut Flowers and Greenery Into Hawaii Many commenters stated that restrictions on Myrtaceae cut flowers and greenery are also needed for effective protection of Hawaii, and that port-of-entry inspections have not been successful in saving Hawaii from the introduction of pests and pathogens.
Some commenters noted that cut foliage can transmit plant diseases and that its importation into Hawaii constitutes a gap with respect to phytosanitary protection. One such commenter noted that cut greens are suspected to have been the original pathway for Austropuccinia psidii to enter Hawaii, adding that the disease has been intercepted by State inspectors on greenery shipped from Florida.
APHIS understands that cut flowers and greenery are a potential pathway for the entry of several pests and pathogens.
While imported plants that pose a threat to Hawaii will be added to the NAPPRA
lists, cut flowers and greenery are not regulated under Subpart HPlants for Planting, but rather a different subpart, Subpart PCut Flowers, and are thus outside the scope of this notice.
Separate regulatory action is required to address that pathway.
A commenter noted that we did not propose to add Ceratocystis lukuohia and Ceratocystis huliohia to NAPPRA.
The commenter added that these pests are killing ohia trees in Hawaii and asked that APHIS publish a new proposal to add these species to the list.
When a plant taxon is placed on NAPPRA, its importation becomes restricted. While our determination to list Myrtaceae in NAPPRA was based on it being a host of myrtle rust Austropuccinia psidii, we will base future decisions on pest risk assessments that address all quarantine pests and pathogens associated with Myrtaceae, including Ceratocystis spp.
Potential Economic Effects Two commenters in the State of Hawaii expressed concern that the addition of the Myrtaceae family to the NAPPRA list would have a negative impact on their floral businesses.
One commenter, a wholesale flower importer, stated that local farms are unable to provide the volume that the industry requires, and that insufficient time exists for the floral industry in
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Hawaii to prepare for the proposed changes. Another commenter representing a flower bouquet business asked us to reconsider listing Eucalyptus, a member of the Myrtaceae family, under NAPPRA for plants destined for Hawaii.
The underlying principle of the NAPPRA lists is to safeguard U.S.
agriculture with the least possible effect on trade. While the addition of taxa to the NAPPRA lists may make it more difficult for Hawaiian business to obtain Myrtaceae plants from other countries, the economic impact is outweighed by the potentially devastating effects of introducing quarantine pests into Hawaii on agriculture, forests, and endangered species. We also note that the commenters primary concern was not with NAPPRA, but with parallel restrictions imposed by the State of Hawaii on the interstate movement of Myrtaceae plants into Hawaii from other State and territories.
Another commenter urged APHIS to consider broader bans of living plant material to and from Hawaii. With the ongoing introduction of new plants, insects, and pathogens into Hawaii, the commenter stated that the current framework and methodology for inspecting imported and exported plant materials is untenable.
We are making no changes based on the comments, as we consider the current framework for inspections adequate to manage phytosanitary risk.
Taxa added to the NAPPRA list are only prohibited entry to the United States if they are determined to be quarantine pests or until a pest risk analysis is conducted that has identified appropriate mitigation measures to prevent the introduction of quarantine pests for which they are hosts.
Bambusoideae We are removing the Poaceae subfamily Bambusoideae taxa from the NAPPRA quarantine pest list as the subfamily is already regulated under NAPPRA for Ustilago sharaiana and other quarantine pests.
General Comments One commenter noted that some of the plant taxa included in the proposal that APHIS names as being vulnerable to various pests or pathogens are invasive in the United States, namely Syzygium jambos, Bambusoideae, and Euonymus, and asked if this is an appropriate priority.
The commenters concern about Syzygium jambos and Euonymus being invasive has been addressed through restricting their importation into the United States by listing them as
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