[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Rules and Regulations]
[Pages 22663-22665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9184]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2010-0024]
RIN 0579-AD38
Importation of Pomegranates From Chile Under a Systems Approach
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the fruits and vegetables regulations to allow
the importation into the continental United States of pomegranates from
Chile, subject to a systems approach. Under this systems approach, the
fruit would have to be grown in a place of production that is
registered with the national plant protection organization of Chile and
certified as having a low prevalence of Brevipalpus chilensis. The
fruit would have to undergo pre-harvest sampling at the registered
production site. Following post-harvest processing, the fruit would
have to be inspected in Chile at an approved inspection site. Each
consignment of fruit would have to be accompanied by a phytosanitary
certificate with an additional declaration stating that the fruit had
been found free of Brevipalpus chilensis based on field and
packinghouse inspections. This action will allow for the safe
importation of fresh pomegranates from Chile using mitigation measures
other than fumigation with methyl bromide.
DATES: Effective Date: May 17, 2012.
[[Page 22664]]
FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Regulatory
Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS,
4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-2352.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-54, referred to below as the regulations)
prohibit or restrict the importation of fruits and vegetables into the
United States from certain parts of the world to prevent the
introduction and dissemination of plant pests within the United States.
On March 16, 2011, we published in the Federal Register (76 FR
14320-14323, Docket No. APHIS-2010-0024) a proposal \1\ to amend the
regulations by allowing pomegranates and figs from Chile to be imported
into the United States subject to a systems approach. Under this
systems approach, the fruit would have to be grown in a place of
production that is registered with the national plant protection
organization of Chile and certified as having a low prevalence of
Brevipalpus chilensis. The fruit would have to undergo pre-harvest
sampling at the registered production site. Following post-harvest
processing, the fruit would have to be inspected in Chile at an
approved inspection site. Each consignment of fruit would have to be
accompanied by a phytosanitary certificate with an additional
declaration stating that the fruit had been found free of Brevipalpus
chilensis based on field and packinghouse inspections.
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\1\ To view the proposed rule, supporting documents, and the
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2010-0024.
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We solicited comments concerning our proposal for 60 days ending
May 16, 2011. We received 28 comments by that date. They were from
private citizens, port terminal operators, fruit wholesalers,
producers, importers, exporters, trade associations, and
representatives of State and foreign governments.
Several of the comments we received were focused on figs, with the
commenters raising concerns about the efficacy of the systems approach
in addressing the risks associated with figs grown in Chile. In order
to allow us more time to consider those issues without delaying action
on approving the use of the systems approach for pomegranates, we have
decided to not finalize the proposed provisions related to the
importation of figs from Chile at this time, but may do so in a
subsequent action. This final rule only addresses the comments we
received on the proposed importation of pomegranates from Chile.
Twenty-two of the commenters supported the proposed rule in its
entirety. One comment concerning the importation of Chilean
pomegranates did not raise any issues related to the pest risk analysis
or proposed rule. The remaining comments on the importation of
pomegranates are discussed below by topic.
One commenter opposed the use of the methods described in the
proposed rule to mitigate the potential entry of the quarantine pest
Brevipalpus chilensis (Acari: Tenuipalpidae) into the commenter's State
until a pest-free track record is established in shipments of
pomegranate from Chile that are received in areas that are lower risk
than the commenter's State for the pest's establishment in the United
States.
The mitigation measures for B. chilensis on pomegranates from Chile
have been previously evaluated and proven effective in mitigating the
risks presented by B. chilensis on other commodities from Chile, and we
will continuously monitor the effectiveness of those mitigations with
port-of-entry inspections. We do not consider it necessary to restrict
the distribution of pomegranates from Chile when proven mitigations are
available to mitigate the pest risk and will be required as a condition
of importation.
One commenter asked that the proposed rule be revised to specify
that Chilean pomegranates may not be imported into Hawaii in order to
protect locally grown pomegranate crops.
We proposed that pomegranates from Chile would only be eligible for
importation into the continental United States. By definition, the
continental United States encompasses the lower 48 states, Alaska, and
the District of Columbia, while excluding Hawaii. Our permitting
process will allow us to effectively implement the distribution
limitation, as it currently does for many other commodities that are
not allowed to be imported into Hawaii.
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.
Note: In our March 2011 proposed rule, we proposed to add the
conditions governing the importation of pomegranates from Chile as
Sec. 319.56-51. In this final rule, those conditions are added as
Sec. 319.56-56.
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 the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities. The
analysis is summarized below. Copies of the full analysis are available
by contacting the person listed under FOR FURTHER INFORMATION CONTACT
or on the Regulations.gov Web site (see footnote 1 for a link to
Regulations.gov).
Pomegranates may be imported into the continental United States
when fumigated with methyl bromide. This rule will allow the
importation of fresh pomegranate fruit from Chile using a systems
approach to pest risk mitigation. Under this systems approach, the
fruit will be grown in a place of production that is registered with
the Government of Chile and certified as having a low prevalence of B.
chilensis. The fruit will undergo pre-harvest sampling and post-harvest
inspection. Each consignment of fruit will be accompanied by a
phytosanitary certificate with an additional declaration stating that
the fruit had been found free of B. chilensis based on field and
packinghouse inspections.
Entities potentially affected by the rule are U.S. pomegranate
fruit growers. They are classified within the industry Other Non-citrus
Fruit Farming, for which the Small Business Administration's small
entity standard is annual sales of not more than $750,000. Annual
receipts for this industry averaged about $112,000 in 2007, well below
the small-entity standard.
While most U.S. pomegranate operations are small, they are not
expected to be significantly affected by the rule. Relatively small
quantities of pomegranates are expected to be imported from Chile
because of this rule, equivalent to less than 4 percent of the
estimated U.S. production of pomegranates consumed domestically in
recent years. Moreover, Chilean pomegranates will be imported during
the U.S. off-season. The counter-seasonality will preclude negative
price impacts for U.S. producers. Off-season availability of
pomegranates from Chile may help broaden demand for this fruit, thereby
benefiting domestic producers over time.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has
[[Page 22665]]
determined that this action will not have a significant economic impact
on a substantial number of small entities.
Executive Order 12988
This final rule allows fresh pomegranates to be imported into the
continental United States from Chile. State and local laws and
regulations regarding fresh pomegranates imported under this rule will
be preempted while the fruit is in foreign commerce. Fresh pomegranates
are generally imported for immediate distribution and sale to the
consuming public and would remain in foreign commerce until sold to the
ultimate consumer. The question of when foreign commerce ceases in
other cases must be addressed on a case-by-case basis. No retroactive
effect will be given to this rule, and this rule will not require
administrative proceedings before parties may file suit in court
challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB) under OMB control number 0579-0375. Because we are not
finalizing the provisions in the proposed rule related to the
importation of figs from Chile, this approval covers only the
information collection and recordkeeping requirements associated with
the importation of pomegranates from Chile.
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 rule, please contact Mrs. Celeste Sickles,
APHIS' Information Collection Coordinator, at (301) 851-2908.
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
0
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.
0
2. A new Sec. 319.56-56 is added to read as follows:
Sec. 319.56-56 Fresh pomegranates from Chile.
Fresh pomegranates (Punica granatum) may be imported into the
continental United States from Chile under the following conditions:
(a) Production site registration. The production site where the
fruit is grown must be registered with the national plant protection
organization (NPPO) of Chile. Harvested pomegranates must be placed in
field cartons or containers that are marked to show the official
registration number of the production site. Registration must be
renewed annually.
(b) Low-prevalence production site certification. The fruit must
originate from a low-prevalence production site to be imported under
the conditions in this section. Between 1 and 30 days prior to harvest,
random samples of fruit must be collected from each registered
production site under the direction of the NPPO of Chile. These samples
must undergo a pest detection and evaluation method as follows: The
fruit must be washed using a flushing method, placed in a 20-mesh sieve
on top of a 200-mesh sieve, sprinkled with a liquid soap and water
solution, washed with water at high pressure, and washed with water at
low pressure. The process must then be repeated. The contents of the
200-mesh sieve must then be placed on a petri dish and analyzed for the
presence of live Brevipalpus chilensis mites. If a single live B.
chilensis mite is found, the production site will not qualify for
certification as a low-prevalence production site. Each production site
may have only one opportunity per season to qualify as a low-prevalence
production site, and certification of low prevalence will be valid for
one harvest season only. The NPPO of Chile will present a list of
certified production sites to APHIS.
(c) Post-harvest processing. After harvest, all damaged or diseased
fruits must be culled at the packinghouse and must be packed into new,
clean boxes, crates, or other APHIS-approved packing containers. Each
container in which the fruit is packed must have a label identifying
the registered production site where the fruit originated and the
packing shed where it was packed.
(d) Phytosanitary inspection. Fruit must be inspected in Chile at
an APHIS-approved inspection site under the direction of APHIS
inspectors in coordination with the NPPO of Chile following any post-
harvest processing. A biometric sample must be drawn and examined from
each consignment. Pomegranates in any consignment may be shipped to the
continental United States under the conditions of this section only if
the consignment passes inspection as follows:
(1) Fruit presented for inspection must be identified in the
shipping documents accompanying each lot of fruit to specify the
production site or sites in which the fruit was produced and the
packing shed or sheds in which the fruit was processed. This
identification must be maintained until the fruit is released for entry
into the United States.
(2) A biometric sample of the boxes, crates, or other APHIS-
approved packing containers from each consignment will be selected by
the NPPO of Chile, and the fruit from these boxes, crates, or other
APHIS-approved packing containers will be visually inspected for
quarantine pests. A portion of the fruit must be washed with soapy
water and the collected filtrate must be microscopically examined for
B. chilensis. If a single live B. chilensis mite is found during the
inspection process, the certified low-prevalence production site where
the fruit was grown will lose its certification.
(e) Phytosanitary certificate. Each consignment of fresh
pomegranates must be accompanied by a phytosanitary certificate issued
by the NPPO of Chile that contains an additional declaration stating
that the fruit in the consignment was inspected and found free of
Brevipalpus chilensis based on field and packinghouse inspections.
(Approved by the Office of Management and Budget under control
number 0579-0375)
Done in Washington, DC, this 11th day of April 2012.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-9184 Filed 4-16-12; 8:45 am]
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