Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-02-11.xml --- 81 28 Thursday, February 11, 2016 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Food Safety and Inspection Service Animal Animal and Plant Health Inspection Service RULES Importation of Phalaenopsis Spp. Plants for Planting in Approved Growing Media From China to the Continental United States, 7195-7198 2016-02822 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Specimen Submission, 7284 2016-02751 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings: Architectural and Transportation Barriers Compliance Board, 7302-7303 2016-02787 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7344-7345 2016-02765 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare Programs:

Seven Membership Appointments to the Advisory Panel on Hospital Outpatient Payment, 7345-7346 2016-02798 Children Children and Families Administration NOTICES Statement of Organization, Functions, and Delegations of Authority, 7346-7351 2016-02784 Civil Rights Civil Rights Commission NOTICES Meetings: North Carolina (State) Advisory Committee, 7303 2016-02760 Coast Guard Coast Guard RULES Drawbridge Operations: Des Allemands Bayou, Des Allemands, LA, 7207 2016-02778 Gulf Intracoastal Waterway, Galveston, TX, 7208 2016-02777 PROPOSED RULES Safety Zones:

Cooper River Bridge Run, Cooper River, and Town Creek Reaches, Charleston, SC, 7256-7259 2016-02621 NOTICES Meetings: National Offshore Safety Advisory Committee, 7360-7361 2016-02779 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commission Fine Commission of Fine Arts NOTICES Meetings: U.S.

Commission of Fine Arts, 7325 2016-02541 Commodity Futures Commodity Futures Trading Commission RULES Foreign Futures and Options Transactions, 7204-7207 2016-02795 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cost Accounting Standards Administration, 7343-7344 2016-02812 Privacy Act; Systems of Records, 7325-7328 2016-02770 2016-02788 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Fiscal Operations Report for 2014-2015 and Application to Participate 2016-2017 (FISAP) and Reallocation Form, 7328 2016-02811 Applications for New Awards: American Indian Vocational Rehabilitation Services, 7329-7333 2016-02808 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Portsmouth, 7333-7334 2016-02790 Hydrogen and Fuel Cell Technical Advisory Committee, 7333 2016-02791 Secretary of Energy Advisory Board, 7334 2016-02792 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Rescissions and Corrections; Arizona, 7209-7214 2016-02714 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona; Rescissions and Corrections, 7259 2016-02724 Mississippi; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard, 7259-7269 2016-02608 Mississippi; Redesignation of the DeSoto County, 2008 8-Hour Ozone Nonattainment Area to Attainment, 7269-7279 2016-02725 NOTICES Certain New Chemicals:

Receipt and Status Information for December 2015, 7337-7341 2016-02830 Registration Review Interim Decisions; Correction, 7337 2016-02820 Federal Aviation Federal Aviation Administration RULES Establishment of Class E Airspace: Clinton, AR, 7200-7201 2016-02672 Special Conditions: The Boeing Company, Model 737-8 airplanes; Design Roll-Maneuver Requirements, 7198-7200 2016-02762 PROPOSED RULES Establishment of Class E Airspace: Coldwater, KS, 7251-7252 2016-02674 Special Conditions:

The Boeing Company, Boeing Model 737-8 Airplane; Non-Rechargeable Lithium Battery Installations, 7249-7251 2016-02761 NOTICES Meetings: RTCA Special Committee

(230)Airborne Weather Detection Systems (Joint with EUROCAE WG-95), 7405-7406 2016-02547 Federal Emergency Federal Emergency Management Agency NOTICES Changes in Flood Hazard Determinations, 7368-7370 2016-02746 Flood Hazard Determinations; Proposals, 7366-7368 2016-02747 Major Disaster Declarations: Idaho, 7368 2016-02753 Oklahoma; Amendment No. 1, 7370 2016-02752 Washington, 7371 2016-02754 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 7334-7336 2016-02755 2016-02758 Environmental Assessments; Availability, etc.: Elba Liquefaction Project; Elba Liquefaction Co., LLC; Southern LNG Co., LLC; Elba Express Co., LLC, 7336-7337 2016-02756 Susquehanna West Project; Tennessee Gas Pipeline Co., LLC, 7335 2016-02757 Filings: Talen Energy Marketing, LLC, 7337 2016-02759 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Cherokee and Forsyth Counties, GA, 7406 2016-02766 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Vision, 7406 C1--2016--00472 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance, 7406-7407 2016-02776 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 7341-7342 2016-02780 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 7341 2016-02781 Federal Trade Federal Trade Commission RULES Energy Labeling, 7201-7204 2016-02744 NOTICES Proposed Consent Orders: General Workings Inc., Also Doing Business as Vulcun, 7342-7343 2016-02769 Fish Fish and Wildlife Service RULES Interagency Cooperation—Endangered Species Act of 1973: Definition of Destruction or Adverse Modification of Critical Habitat, 7214-7226 2016-02675 Listing Endangered and Threatened Species and Designating Critical Habitat, 7414-7440 2016-02680 Policy Regarding Implementation of Exclusions of Critical Habitat under the Endangered Species Act, 7226-7248 2016-02677 PROPOSED RULES Federal Migratory Bird Hunting and Conservation Stamp (Duck Stamp) Contest, 7279-7283 2016-02665 NOTICES Multistate Conservation Grant Program; Fiscal Year 2016 Priority List and Approval for Award of the Conservation Projects, 7371-7373 2016-02799 Food and Drug Food and Drug Administration NOTICES Meetings: Pharmacy Compounding Advisory Committee, 7351-7352 2016-02786 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7302 2016-02742 Food Safety Food Safety and Inspection Service NOTICES Meetings: Codex Alimentarius Commission; Codex Committee on Contaminants in Food, 7300-7302 2016-02807 New Performance Standards for Salmonella and Campylobacter in Not-Ready-to-Eat Comminuted Chicken and Turkey Products and Raw Chicken Parts and Changes to Related Agency Verification Procedures, 7285-7300 2016-02586 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activities: Foreign-Trade Zone 183; Flextronics America, LLC, Austin, TX, 7303 2016-02803 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cost Accounting Standards Administration, 7343-7344 2016-02812 Government Accountability Government Accountability Office NOTICES Requests for Nominations: Medicare Payment Advisory Commission, 7344 C1--2016--01264 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Industry Industry and Security Bureau NOTICES Denials of Export Privileges: Qiang Hu, a/k/a Johnson Hu, 7304 2016-02771 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Additional Limitation on Suspension of Benefits Applicable to Certain Pension Plans under the Multiemployer Pension Reform Act, 7253-7256 2016-02772 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People's Republic of China, 7305 2016-02804 Export Trade Certificate of Review, 7305-7306 2016-02806 International Trade Com International Trade Commission NOTICES Complaints: Certain Pumping Bras, 7373-7374 2016-02727 Labor Department Labor Department See Labor-Management Standards Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Explosive Materials and Blasting Units in Metal and Nonmetal Underground Gassy Mines, 7374-7375 2016-02748 Labor Management Standards Labor-Management Standards Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7375-7376 2016-02750 Land Land Management Bureau NOTICES Meetings: California Desert District Advisory Council, 7373 2016-02767 Public Land Orders: Elk River Wild and Scenic Corridor; OR, 7373 2016-02797 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cost Accounting Standards Administration, 7343-7344 2016-02812 Meetings: NASA Advisory Council Institutional Committee, 7376-7377 2016-02813 National Credit National Credit Union Administration RULES Capital Planning and Stress Testing—Schedule Shift; Correction, 7198 2016-02740 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decision of Inconsequential Noncompliance: Automobili Lamborghini S.p.A., 7410-7411 2016-02721 Ferrari North America, Inc., 7408-7410 2016-02726 Tesla Motors, Inc., 7407-7408 2016-02722 National Institute National Institute of Standards and Technology NOTICES Meetings: Manufacturing Extension Partnership Advisory Board, 7306-7307 2016-02768 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 7353-7354, 7356-7357 2016-02705 2016-02706 2016-02710 2016-02711 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 7355-7356 2016-02712 Kidney Interagency Coordinating Committee, 7353 2016-02809 National Cancer Institute, 7357-7358 2016-02707 National Institute of Biomedical Imaging and Bioengineering, 7352 2016-02709 National Institute on Aging, 7352-7353 2016-02708 Shift Work at Night, Artificial Light at Night, and Circadian Disruption; Workshop, 7354-7355 2016-02703 National Oceanic National Oceanic and Atmospheric Administration RULES Interagency Cooperation—Endangered Species Act of 1973: Definition of Destruction or Adverse Modification of Critical Habitat, 7214-7226 2016-02675 Listing Endangered and Threatened Species and Designating Critical Habitat, 7414-7440 2016-02680 Policy Regarding Implementation of Exclusions of Critical Habitat under the Endangered Species Act, 7226-7248 2016-02677 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 7324-7325 2016-02783 Takes of Marine Mammals Incidental to Specified Activities: Rocky Intertidal Monitoring Surveys along the Oregon and California Coasts, 7319-7324 2016-02802 U.S. Air Force Maritime Weapon Systems Evaluation Program Operational Testing Eglin Gulf Test and Training Range, 7307-7319 2016-02801 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 7377 2016-02944 2016-02945 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: License Renewal Application for LaSalle County Station, Units 1 and 2, 7378-7379 2016-02785 Meetings; Sunshine Act, 7379 2016-02866 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Advisory Bulletins: Pipeline Safety: Dangers of Abnormal Snow and Ice Build-Up on Gas Distribution Systems, 7412 2016-02704 Postal Service Postal Service RULES Rules of Practice before the Postal Service Board of Contract Appeals, 7208 2016-02741 Securities Securities and Exchange Commission NOTICES Applications: Good Hill Partners, LP and Good Hill ETF Trust, 7391-7392 2016-02764 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 7379-7382, 7386-7389 2016-02730 2016-02733 New York Stock Exchange, LLC, 7394-7398 2016-02736 NYSE Arca, Inc., 7390-7391, 7401-7404 2016-02732 2016-02734 NYSE MKT, LLC, 7382-7386, 7392-7394 2016-02729 2016-02735 The NASDAQ Stock Market, LLC, 7398-7400 2016-02731 State Department State Department NOTICES Meetings: Biodiversity Beyond National Jurisdiction, 7404-7405 2016-02805 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Advisory Committee for Women's Services, 7358 2016-02774 Center for Substance Abuse Treatment, 7359-7360 2016-02794 National Advisory Council, 7358-7359 2016-02773 2016-02775 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Establish a Centralized Examination Station, 7365-7366 2016-02826 Application-Permit-Special License Unlading-Lading-Overtime Services, 7361 2016-02824 Regulations Relating to Recordation and Enforcement of Trademarks and Copyrights, 7363-7364 2016-02823 Commercial Gaugers and Laboratories; Accreditations and Approvals: Camin Cargo Control, Inc., 7365 2016-02828 Pan Pacific Surveyors, Inc., 7364 2016-02825 SGS North America, Inc., 7361-7363 2016-02827 2016-02829 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 7414-7440 2016-02680 Interior Department, Fish and Wildlife Service, 7414-7440 2016-02680 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 81 28 Thursday, February 11, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2014-0106] RIN 0579-AE10 Importation of Phalaenopsis Spp. Plants for Planting in Approved Growing Media From China to the Continental United States AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the regulations governing the importation of plants for planting to authorize the importation of *Phalaenopsis* spp. plants for planting from China in approved growing media into the continental United States, subject to a systems approach. The systems approach consists of measures that are currently specified in the regulations as generally applicable to all plants for planting authorized for importation into the United States in approved growing media. This rule allows for the importation of *Phalaenopsis* spp. plants for planting from China in approved growing media, while providing protection against the introduction of quarantine plant pests. DATES: Effective March 14, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Lydia E. Colón, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1236;

(301)851-2302. SUPPLEMENTARY INFORMATION: Background The regulations in 7 CFR part 319 prohibit or restrict the importation of certain plants and plant products into the United States to prevent the introduction of quarantine plant pests. The regulations contained in “Subpart—Plants for Planting,” §§ 319.37 through 319.37-14 (referred to below as the regulations), prohibit or restrict, among other things, the importation of living plants, plant parts, and seeds for propagation or planting. The regulations differentiate between prohibited articles and restricted articles. Prohibited articles are plants for planting whose importation into the United States is not authorized due to the risk the articles present of introducing or disseminating quarantine plant pests. Restricted articles are articles authorized for importation into the United States, provided that the articles are subject to mitigation measures to address such risk. Conditions for the importation into the United States of restricted articles in growing media are found in § 319.37-8. Within that section, the introductory text of paragraph

(e)lists taxa of restricted articles that may be imported into the United States in approved growing media, subject to the provisions of a systems approach. Paragraph (e)(1) of § 319.37-8 lists the approved growing media, while paragraph (e)(2) contains the provisions of the systems approach. Within paragraph (e)(2), paragraphs

(i)through

(viii)contain provisions that are generally applicable to all the taxa listed in the introductory text of paragraph (e), while paragraphs

(ix)through

(xii)contain additional, taxon-specific provisions. In response to a request from the national plant protection organization

(NPPO)of China, on June 1, 2015, in a proposed rule 1 published in the **Federal Register** (80 FR 30959-30961, Docket No. APHIS-2014-0106), we proposed to amend the introductory text of paragraph

(e)of § 319.37-8 to add *Phalaenopsis* spp. plants for planting from China to the list of taxa authorized for importation into the United States in approved growing media. We also proposed to add a paragraph (e)(2)(xii) to § 319.37-8 that would specify that such plants for planting may only be imported into the continental United States. 1 To view the proposed rule, its supporting documents, or the comments that we received, go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0106.* We solicited comments concerning our proposal for 60 days ending July 31, 2015. We received eight comments by that date. They were from the NPPO of China, two State departments of agriculture, an organization representing State departments of agriculture, an organization representing horticulture in the State of Hawaii, a plant pathologist specializing in *Phalaenopsis* spp. plants for planting, and private citizens. One commenter suggested we finalize the rule, as written. The remaining commenters had questions and comments regarding the rule and its supporting documents. We discuss the comments that we received below, by topic. Comments Regarding the Pest Risk Assessment and Risk Management Document In response to the NPPO of China's request, we prepared a pest risk assessment (PRA), titled “Importation of *Phalaenopsis* spp. Orchids in Growing Media from China into the Continental United States: A Pathway-Initiated Risk Assessment,” to analyze the potential pest risk associated with the importation of *Phalaenopsis* spp. plants for planting in approved growing media into the continental United States from China. We also prepared a risk management document (RMD), titled “Importation of *Phalaenopsis* spp. Orchids in Approved Growing Media from China into the Continental United States,” to identify the phytosanitary measures necessary to ensure the safe importation into the continental United States of *Phalaenopsis* spp. plants for planting in approved growing media from China. One commenter stated that the PRA did not consider the possibility that viral pathogens of *Phalaenopsis* spp. plants for planting could be introduced into the continental United States through the importation of *Phalaenopsis* spp. plants for planting in approved growing media from China. In developing our PRAs, we first prepare a list of pests of the commodity that we have determined to occur in the particular foreign region. We then determine whether the pests are quarantine pests, which the regulations define as plant pests that are 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. If the pests are quarantine pests, we then assess whether they could be introduced into the United States through the importation of the commodity. The PRA identified five viral pathogens of *Phalaenopsis* spp. plants for planting that we have determined to occur in China. However, none of these pathogens are quarantine pests. Accordingly, we did not assess whether they are likely to follow the pathway on *Phalaenopsis* spp. plants for planting in approved growing media from China to the continental United States. One commenter pointed out that, in the PRA, the list of plant pests of *Phalaenopsis* spp. plants for planting that are known to occur in China did not include *Dickeya dieffenbachiae* , a bacterial pathogen, and *Colletotrichum karstii* , a pathogenic fungus. The commenter stated that these pests occur in China and could follow the pathway on *Phalaenopsis* spp. plants for planting in approved growing media from China to the continental United States. The commenter concluded that the pests therefore should be added to the PRA, and mitigation measures specific to the pests should be added to the RMD and rule. *D. dieffenbachiae* and *C. karstii* were detected in China after the PRA and RMD were drafted, and we agree with the commenter that they could follow the pathway on *Phalaenopsis* spp. plants for planting in approved growing media from China to the continental United States. However, we do not consider it necessary to revise the RMD or rule to specify mitigation measures for these pests. We reserve pest-specific mitigation measures for quarantine pests. Neither *D. dieffenbachiae* nor *C. karstii* is a quarantine pest: Both are present in the United States, and neither pest is under official control. Two commenters pointed out that the PRA identified four quarantine pests that could follow the pathway on *Phalaenopsis* spp. plants for planting in approved growing media from China to the continental United States: *Spodoptera litura,* *Thrips palmi* , *Cylindrosporium phalaenopsidis* , and *Lissachatina fulica.* The commenters stated that, if these pests became established throughout the United States, they could result in significant economic losses for domestic producers. For this reason, the commenters did not support the proposed rule. We agree that, if the quarantine pests identified by the PRA were to become established throughout the United States, they could cause economic losses for domestic producers. However, for the reasons specified in the RMD and the proposed rule itself, if the provisions of this rule are adhered to, we have determined that they will mitigate the plant pest risk associated with the importation of *Phalaenopsis* spp. plants for planting in approved growing media from China. Because we had identified more pests that could follow the pathway on orchids from Taiwan to the United States than from China to the continental United States, one commenter surmised that we were establishing more favorable trading conditions for China than for Taiwan regarding the export of orchids to the United States. The commenter's assumption is incorrect. There are more quarantine pests of *Oncidium* spp. known to occur in Taiwan that could follow the pathway on *Oncidium* spp. plants for planting in approved growing media from Taiwan to the United States than there are of *Phalaenopsis* spp. known to occur in China that could follow the pathway on *Phalaenopsis* spp. plants for planting in approved growing media from China to the continental United States. Finally, one commenter asked whether we were confident that the PRA had identified all the plant pests of *Phalaenopsis* spp. plants for planting in China, given China's size. We are confident. In the PRA, we took into consideration China's size and relied on multiple sources to identify pests of *Phalaenopsis* spp. plants for planting in China. Comments Regarding Movement to Hawaii One commenter noted that the rule only proposed to authorize the importation of *Phalaenopsis* spp. plants for planting in approved growing media from China to the continental United States, and did not propose to authorize such importation to Hawaii or the territories of the United States. The commenter asked whether, once *Phalaenopsis* spp. plants for planting in approved growing media from China enter the continental United States, they subsequently may be shipped to Hawaii or the territories. If the rule does not authorize such reshipment, the commenter asked how we intended to prevent it from occurring. This rule expressly prohibits such reshipment, and we will use inspections to prevent it from occurring. Comments Regarding the Proposed Systems Approach We proposed that the *Phalaenopsis* spp. plants for planting would have to be grown in a greenhouse in which sanitary procedures adequate to exclude quarantine pests are always employed. We proposed that, at a minimum, the greenhouse would have to be free from sand and soil, have screenings with openings of not more than 0.6 mm on all vents and openings except entryways, have entryways equipped with automatic closing doors, regularly clean and disinfect floors, benches, and tools, and use only rainwater that has been boiled or pasteurized, clean well water, or potable water to water the plants. One commenter stated that plant pest population densities can vary significantly within a foreign region. The commenter expressed concern that sanitary procedures that are adequate to exclude quarantine pests from a greenhouse in one region of China may not be adequate to do so in another region. Growers must employ sanitary procedures that are adequate to exclude quarantine pests from the *Phalaenopsis* spp. plants for planting grown at the greenhouse that are intended for export to the United States. These sanitary procedures must therefore correspond to the quarantine pest risk associated with the area in which the greenhouse is located. Accordingly, if the greenhouse is located in an area of China with particularly high population densities of a certain quarantine pest, the grower may need to employ additional safeguards to exclude that pest from affecting plants for planting at the greenhouse. The NPPO of China will make this determination regarding whether additional safeguards are necessary, and will communicate the safeguards needed to the greenhouse in an agreement with the grower. The grower must enter into such an agreement with the NPPO in order to export *Phalaenopsis* spp. plants for planting in approved growing media to the United States. Another commenter expressed concern that screenings with openings of 0.6 mm would not preclude *T. palmi* from entering the greenhouses. The commenter cited studies indicating that 40 to 50 percent of *T. palmi* that attempt to pass through such an opening can do so. We agree that screenings with openings of 0.6 mm may not preclude all *T. palmi* from entering the greenhouse. However, as we mentioned above, in order to comply with the provisions of the systems approach, growers will have to employ sanitary procedures that are sufficient to exclude quarantine pests from the *Phalaenopsis* spp. intended for export to the United States. Accordingly, growers in areas where *T. palmi* are present will be expected to develop a pest management plan for *T. palmi* to address incursions of this pest into the greenhouse; the plan must have sufficient safeguards to prevent *Phalaenopsis* spp. plants for planting intended for export to the United States from becoming infested with *T. palmi.* The agreement that the grower enters into with the NPPO of China will specify the additional safeguards that the grower will use. In the proposed rule, we proposed to add a condition restricting the importation of *Phalaenopsis* spp. from China in approved growing media to the continental United States to § 319.37-8 as paragraph (e)(2)(xii). In this final rule, it is added as paragraph (e)(2)(xiii). Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, with the change discussed in this document. Executive Order 12866 and Regulatory Flexibility Act This rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. In accordance with 5 U.S.C. 604, we have performed a final regulatory flexibility analysis, which is summarized below, regarding the economic effects of this rule on small entities. Copies of the full analysis are available on the Regulations.gov Web site (see footnote 1 in this document for a link to Regulations.gov) or by contacting the person listed under FOR FURTHER INFORMATION CONTACT . APHIS is amending the regulations in 7 CFR 319.37-8(e) to allow the importation from China into the continental United States of orchids of the genus *Phalaenopsis* established in an approved growing medium, subject to specified growing, inspection, and certification requirements. Prior to this rule, *Phalaenopsis* spp. imported from China were required to be bare-rooted. Eliminating this requirement is expected to increase the number and quality of orchids imported from China by U.S. producers, who then finish the plants for the retail market. This change could result in cost savings for these U.S. producers, which may or may not be passed on to U.S. buyers. The amended regulations could also result in the importation of market-ready *Phalaenopsis* spp. in approved growing media from China that would directly compete at wholesale and retail levels with U.S. finished potted orchids. The latter scenario is considered unlikely, given the technical challenges and additional marketing costs incurred when shipping finished plants in pots. While many of the U.S. entities that will be affected by the rule such as orchid producers and importers may be small by Small Business Administration standards, we expect economic effects for these entities to be modest. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. National Environmental Policy Act An environmental assessment and finding of no significant impact have been prepared for this final rule. The environmental assessment provides a basis for the conclusion that the importation of *Phalaenopsis* spp. plants for planting from China, subject to a required systems approach, will not have a significant impact on the quality of the human environment. Based on the finding of no significant impact, the Administrator of the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared. The environmental assessment and finding of no significant impact were prepared in accordance with:

(1)The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 *et seq.* ),

(2)regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508),

(3)USDA regulations implementing NEPA (7 CFR part 1b), and

(4)APHIS' NEPA Implementing Procedures (7 CFR part 372). The environmental assessment and finding of no significant impact may be viewed on the Regulations.gov Web site. Copies of the environmental assessment and finding of no significant impact are also available for public inspection at USDA, Room 1141, South Building, 14th Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday, except holidays. Persons wishing to inspect copies are requested to call ahead on

(202)799-7039 to facilitate entry into the reading room. In addition, copies may be obtained by writing to the individual listed under FOR FURTHER INFORMATION CONTACT . Paperwork Reduction Act In accordance with section 3507(d) of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the information collection or recordkeeping requirements included in this final rule, which were filed under 0579-0439, have been submitted for approval to the Office of Management and Budget (OMB). When OMB notifies us of its decision, if approval is denied, we will publish a document in the **Federal Register** providing notice of what action we plan to take. E-Government Act Compliance The Animal and Plant Health Inspection Service is committed to compliance with the E-Government Act to promote the use of the Internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes. For information pertinent to E-Government Act compliance related to this final rule, please contact Ms. Kimberly Hardy, APHIS' Information Collection Coordinator, at

(301)851-2727. List of Subjects in 7 CFR Part 319 Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. Accordingly, we are amending 7 CFR part 319 as follows: PART 319—FOREIGN QUARANTINE NOTICES 1. The authority citation for part 319 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. 2. Section 319.37-8 is amended as follows: a. In paragraph

(e)introductory text, in the entry for “ *Phalaenopsis* spp. from Taiwan”, add the words “and the People's Republic of China” after the word “Taiwan”. b. Add paragraph (e)(2)(xiii). c. Revise the OMB citation at the end of the section. The addition and revision read as follows: § 319.37-8 Growing media.

(e)* * *

(2)* * *

(xiii)Plants for planting of *Phalaenopsis* spp. from the People's Republic of China may only be imported into the continental United States, and may not be imported or moved into Hawaii or the territories of the United States. (Approved by the Office of Management and Budget under control numbers 0579-0266, 0579-0431, and 0579-0439) Done in Washington, DC, this 5th day of February 2015. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2016-02822 Filed 2-10-16; 8:45 am]

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