Federal Register, Volume 78 Issue 20 (Wednesday, January 30, 2013)

[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Proposed Rules]
[Pages 6227-6232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02021]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2011-0132]
RIN 0579-AD62

Importation of Fresh Apricots From Continental Spain

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the fruits and vegetables
regulations to allow the importation into the United States of fresh
apricots from continental Spain. As a condition of entry, fresh
apricots from continental Spain would have to be produced in accordance
with a systems approach that would include registration of production
locations and packinghouses, pest monitoring, sanitary practices,
chemical and biological controls, and phytosanitary treatment. The
fruit would also have to be imported in commercial consignments, with
each consignment identified throughout its movement from place of
production to port of entry in the United States. Consignments would
have to be accompanied by a phytosanitary certificate issued by the
national plant protection organization of Spain certifying that the
fruit is free from all quarantine pests and has been produced in
accordance with the systems approach. This proposed rule would allow
for the importation of fresh apricots from continental Spain into the
United States while continuing to provide protection against the
introduction of quarantine pests.

DATES: We will consider all comments that we receive on or before April
1, 2013.

ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0132-0001.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2011-0132, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2011-
0132 or in our reading room, which is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Ms. Meredith C. Jones, Senior
Regulatory Policy Specialist, Regulatory Coordination and Compliance,
PPQ, APHIS, 4700 River Road Unit 156, Riverdale, MD 20737-1231; (301)
851-2018.

SUPPLEMENTARY INFORMATION:

Background

The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-57, 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 that are new to or not widely distributed
within the United States.
Currently, the regulations prohibit imports of fresh apricot fruit
(Prunus armeniaca Marshall) from continental Spain (excluding the
Balearic Islands and Canary Islands) due to the fruit serving as a
likely pathway for four quarantine pests. The Animal and Plant Health
Inspection Service (APHIS) received a request from the national plant
protection organization (NPPO) of Spain to allow fresh apricots from
continental Spain to be imported into the United States subject to a
systems approach. As part of our evaluation of Spain's request, we
prepared a pest risk assessment (PRA) and a risk management document
(RMD). Copies of the PRA and the RMD may be obtained from the person
listed under FOR FURTHER INFORMATION CONTACT or viewed on the
Regulations.gov Web site (see ADDRESSES above for instructions for
accessing Regulations.gov).
The PRA, titled ``Importation of Fresh Apricot, Prunus armeniaca
(L.) fruit, from Continental Spain into the United States, including
Hawaii and U.S. Territories'' (March 2010), evaluates the risks
associated with the importation of fresh apricot fruit into the United
States from continental Spain. The RMD draws upon the findings of the
PRA to determine the phytosanitary measures necessary to ensure the
safe importation into the United States of apricots from continental
Spain.
The PRA identifies four quarantine pests that could follow the
pathway of consignments of fresh apricots imported from continental
Spain into the United States:
The Mediterranean fruit fly (Medfly), Ceratitis capitata
Wiedemann,
The plum fruit moth, Cydia funebrana (Treitschke),
Leaf scorch, Apiognomonia erythrostoma (Pers.), a fungus,
and
Brown rot, Monilinia fructigena Honey, a fungus.
A quarantine pest is defined in Sec. 319.56-2 as a pest of
potential economic importance to the area endangered thereby and not
yet present there, or present but not widely distributed and being
officially controlled. Plant pest risk potentials associated with the
importation of fresh

[[Page 6228]]

apricots from continental Spain into the United States were derived by
estimating the consequences and likelihood of introduction of each
quarantine pest into the United States and ranking the risk potential
as High, Medium, or Low. The PRA determined that three of these four
quarantine pests--brown rot, Medfly, and plum fruit moth--pose a high
risk of following the pathway of fresh apricots from continental Spain
into the United States and having negative effects on U.S. agriculture.
Leaf scorch was rated as having a medium risk potential.
Based on the conclusions of the PRA and RMD, we are proposing to
allow the importation of fresh apricots from continental Spain \1\ into
the United States subject to a systems approach. Under a systems
approach, a set of phytosanitary conditions, at least two of which have
an independent effect in mitigating the pest risk associated with the
movement of commodities, is specified, whereby fruits and vegetables
may be imported into the United States from countries that are not free
of certain plant pests.
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\1\ Imports of fresh apricots from the Balearic Islands and
Canary Islands would continue to be prohibited.
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We are proposing to add the systems approach for apricots from
continental Spain to the regulations in a new Sec. 319.56-58. The
specific mitigation measures required in the systems approach for each
quarantine pest are discussed below, as well as in the risk management
document.

General Requirements

General requirements for importing apricots from continental Spain
into the United States would be listed in proposed Sec. 319.56-58(a).
The NPPO of Spain would be required to provide a bilateral workplan to
APHIS that details the activities of the systems approach, including
inspections, monitoring, trapping, and surveying, that the NPPO of
Spain will carry out to meet the proposed requirements. APHIS would
have to approve the workplan and would be directly involved with the
NPPO of Spain in monitoring and auditing the systems approach
implementation. A bilateral workplan is an agreement between APHIS'
Plant Protection and Quarantine program, officials of the NPPO of a
foreign government, and, when necessary, foreign commercial entities,
that specifies in detail the phytosanitary measures that will comply
with our regulations governing the import or export of a specific
commodity. Bilateral workplans apply only to the signatory parties and
establish detailed procedures and guidance for the day-to-day
operations of specific import/export programs. Bilateral workplans also
establish how specific phytosanitary issues are dealt with in the
exporting country and make clear who is responsible for dealing with
those issues. The implementation of a systems approach typically
requires a bilateral workplan to be developed. The NPPO of Spain would
also be required to enter into a trust fund agreement with APHIS in
accordance with Sec. 319.56-6 to cover our monitoring and auditing
costs.
All places of production and packinghouses in continental Spain
that participate in the program to export apricots to the United States
must be registered with and approved by the NPPO of Spain and meet the
requirements of proposed Sec. 319.56-58. The place of production where
the apricots were grown would have to be identifiable when the fruit
leaves the grove, at the packinghouse where the fruit is packed, and
throughout the export process. Boxes containing apricot fruit would
have to be marked with the identity and origin of the fruit.
Safeguarding in accordance with the regulations in proposed Sec.
319.56-58(h) would have to be maintained at all times during the
movement of the apricot fruit to the United States and remain intact
upon arrival in the United States.

Commercial Consignments

The regulations in proposed Sec. 319.56-58(b) would require that
fresh apricots from continental Spain would be allowed to be imported
into the United States in commercial consignments only. Commercial
consignments, as defined in Sec. 319.56-2, are consignments that an
inspector identifies as having been imported for sale and distribution.
Produce grown commercially is less likely to be infested with plant
pests than noncommercial consignments. Noncommercial consignments are
more prone to infestations because the commodity is often ripe to
overripe, could be of a variety with unknown susceptibility to pests,
and is often grown with little or no pest control.

Monitoring and Oversight

Under proposed Sec. 319.56-58(c), if APHIS approved the workplan,
the NPPO of Spain would have to begin conducting inspections and
monitoring places of production and packinghouse operations to verify
that they comply with the requirements of proposed Sec. 319.56-58. The
NPPO of Spain would be required to visit and inspect the places of
production monthly, starting 2 months (60 days) before harvest and
continuing until the end of the shipping season, to verify that growers
are complying with the requirements of proposed Sec. 319.56-58 and
following pest control guidelines, when necessary, to reduce quarantine
pest populations. The NPPO would also have to monitor packinghouses to
verify that the packinghouses are complying with proposed Sec. 319.56-
58. Under paragraph (c)(3) of proposed Sec. 319.56-58, if the NPPO of
Spain were to find that a place of production or a packinghouse did not
comply with the regulations in proposed Sec. 319.56-58, fruit from
that place of production or packinghouse would not be eligible for
export to the United States until APHIS and the NPPO of Spain conducted
an investigation and implemented appropriate remedial actions.
Any personnel conducting trapping and pest surveys required by the
systems approach would have to be hired, trained, and supervised by the
NPPO of Spain. The NPPO would have to certify that exporting places of
production have fruit fly and moth trapping programs and follow control
guidelines, when necessary, to reduce regulated pest populations. APHIS
would monitor and inspect the places of production as necessary.
Proposed Sec. 319.56-58(c)(4) would also require that the NPPO of
Spain retain all forms and documents related to export program
activities in places of production and packinghouses for at least 1
year and, upon request, provide them to APHIS for review.

Grove Sanitation

Proposed Sec. 319.56-58(d) would require all fruit that has fallen
from the trees of each place of production to be removed from the grove
and destroyed weekly. This procedure would reduce the amount of
material in the groves that could serve as potential host material for
insect pests.

Mitigations for Specific Quarantine Pests

Fungi

During the growing season, the NPPO of Spain would be required in
accordance with proposed Sec. 319.56-58(e) to conduct inspections at
intervals specified in the workplan in places of production for signs
of the fungi A. erythrostoma and M. fructigena until harvest is
completed. Infected leaves would have to be removed from places of
production to reduce the inoculum potential. Upon detection of either
A. erythrostoma or M. fructigena, the NPPO of Spain would be required
to

[[Page 6229]]

notify APHIS, which may prohibit the importation into the United States
of apricots from the production site for the season.

Mitigations for C. funebrana

Under proposed Sec. 319.56-58(f), APHIS would require the NPPO of
Spain to use one of the following two mitigation measures to address
the risk potential posed by C. funebrana:
Pest-Free Area: Under this mitigation measure, apricots would have
to originate from an area designated as free of C. funebrana in
accordance with Sec. 319.56-5 for the establishment of pest-free
areas. Paragraph (a) of Sec. 319.56-5 states that determinations of
pest-free areas be made in accordance with International Standards for
Phytosanitary Measures (ISPM) No. 4, which is incorporated by reference
in Sec. 300.5. ISPM No. 4 sets out three main criteria for recognition
of a pest-free area:
Systems to establish freedom;
Phytosanitary measures to maintain freedom; and
Checks to verify freedom has been maintained.
Paragraph (b) of Sec. 319.56-5 requires that APHIS approve the
survey protocol used to determine and maintain pest-free status, as
well as protocols for actions to be taken upon detection of a pest. It
also indicates that pest-free areas are subject to audit by APHIS to
verify their status.
Area of Low Pest Prevalence and Pest Management: Under this
mitigation measure, each registered place of production would have to
be visited and inspected by the NPPO of Spain for signs of C. funebrana
and pheromone trapping for C. funebrana would have to be conducted. The
purpose of the inspection and trapping is to demonstrate that the
places of production have a low prevalence of C. funebrana.
Specific inspection and trapping requirements would be included in
the bilateral workplan and would be adjusted as necessary to ensure
that inspection and trapping are effective. Consistent with the
recommendations of the RMD, the bilateral workplan would initially
require samples of 20 fruits per tree from 50 trees within every 4
hectares to be visually inspected by the NPPO of Spain every 7 days
during the growing season. During the harvest period, samples of 40
fruits per tree from 50 trees within every 4 hectares would have to be
visually inspected by the NPPO of Spain every 7 days until harvest is
completed. The NPPO of Spain would also have to sample and inspect a
quantity of fruit specified in the workplan. In addition, the bilateral
workplan would initially require places of production to be trapped for
C. funebrana with APHIS-approved pheromone traps at a density of 2
traps per 4 hectares, with a minimum of 2 traps per place of
production. Traps would have to be checked every 7 days from fruit
formation until completion of harvest. If the trap counts are greater
than 10 moths per trap per week, or more than 1 percent of the fruits
sampled in a week are damaged or found to have any life stage of C.
funebrana, remedial measures would have to be implemented. The NPPO of
Spain would have to keep records of the placement of traps, trap
visits, trap counts, and treatments for each registered place of
production.

Mitigations for Medfly

Under proposed Sec. 319.56-58(g), the places of production would
be required to be trapped for Medfly to demonstrate that there is a low
prevalence of Medfly in those places of production. Similar to C.
funebrana, specific trapping requirements for Medfly would be included
in the bilateral workplan and would be adjusted as necessary to ensure
that trapping is effective. Consistent with the recommendations of the
RMD, the bilateral workplan would initially require trapping with 1
APHIS-approved trap per 12 hectares, with a minimum of 1 trap per place
of production, beginning May 1 of each year and remaining in place and
in service until harvesting is completed. Any time that trap counts are
greater than 0.5 flies per trap per day, remedial measures would need
to be implemented and approved by APHIS and the NPPO of Spain. The NPPO
of Spain would have to keep records of the placement of traps, trap
visits, trap counts, and treatments for each registered place of
production.
All fresh apricots for export from continental Spain to the United
States would have to undergo a cold treatment for Medfly in accordance
with the requirements for conducting phytosanitary treatment in 7 CFR
part 305.
We are proposing to require two phytosanitary mitigation measures
for Medfly because high larval populations of Medfly in fruit can
overwhelm the effectiveness of cold treatment. The trapping and field
mitigation measures for Medfly would maintain populations at acceptably
low prevalence levels and ensure that cold treatment is effective.

Post-Harvest Procedures and Packinghouse Requirements

Specific post-harvest and packinghouse requirements, listed in
paragraphs (h) and (i) of proposed Sec. 319.56-58, are intended to
prevent insect infestation of harvested fruit during processing,
packing, and shipment. Apricots would have to be safeguarded by a pest-
proof screen, plastic tarpaulin, or some other pest-proof barrier while
in transit to the packinghouse and while awaiting packing. They would
have to be packed and sealed within 24 hours of harvest into pest-proof
cartons or containers or covered with pest-proof mesh or a plastic
tarpaulin for transport to the United States. These safeguards would be
required to remain intact until arrival of the consignment in the
United States.
Packing of apricots for export to the United States would have to
be conducted within a packinghouse registered and approved by the NPPO
of Spain. Packinghouses in which apricots are packed for export to the
United States would have to be able to exclude quarantine pests. All
openings to the outside of the packinghouse would have to be covered by
screening with openings of not more than 1.6 mm or by some other
barrier that prevents pests from entering. The 1.6 mm maximum screening
size is adequate to exclude the insect pests of quarantine significance
named earlier in this document. The packinghouse would have to be
equipped with double self-closing doors at the entrance to the
packinghouse and at the interior entrance to the area where fruit is
packed to prevent inadvertent introduction of pests into the
packinghouse. During the time the packinghouse is used to pack and
export apricot fruit to the United States, the packinghouse may only
accept fruit from places of production registered and approved by the
NPPO of Spain.

Phytosanitary Inspection

Under proposed Sec. 319.56-58(j), a biometric sample of apricots,
jointly agreed upon by APHIS and the NPPO of Spain, would be required
to be inspected in Spain by the NPPO following post-harvest processing.
The sample would have to be visually inspected for the quarantine pests
A. erythrostoma, C. funebrana, and M. fructigena, and a portion of the
fruit would be cut open to inspect for the internal pest C. capitata.
If any of these quarantine pests are found, the entire consignment of
apricots would be prohibited from import into the United States.

[[Page 6230]]

Fruit presented for inspection at a U.S. port of entry would have
to be identified in the shipping documents accompanying each
consignment of fruit that specify the place of production in which the
fruit was produced and the packinghouse in which the fruit was
processed. This identification would have to be maintained with the
consignment until the fruit is released for entry into the United
States.

Phytosanitary Certificate

Under proposed Sec. 319.56-58(k), each consignment of apricot
fruit would have to be accompanied by a phytosanitary certificate
issued by the NPPO of Spain that states that the fruit has been treated
for C. capitata in accordance with 7 CFR part 305 and includes an
additional declaration stating that the fruit in the consignment was
inspected and found free from A. erythrostoma, C. capitata, C.
funebrana, and M. fructigena.

Executive Order 12866 and Regulatory Flexibility Act

This proposed 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 ADDRESSES above for
instructions for accessing Regulations.gov).
This proposed rule would allow the importation into the United
States of fresh apricots from continental Spain, subject to a systems
approach.
The economic analysis examines impacts for U.S. small entities of a
rule that would allow fresh apricot imports from continental Spain.
Spain is expected to export at most 10 standard shipping containers of
fresh apricot per year to the United States. Each container can hold
approximately 18 metric tons (MT), thus fresh apricot imports from
Spain may total as much as 180 MT annually. This amount is equivalent
to about 1 percent of current U.S. consumption. With U.S. fresh apricot
exports four times the quantity imported, and the amount expected to be
imported from Spain very small in comparison to current U.S.
consumption, any market effects of such a relatively small change in
supply would be minor.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.

Executive Order 12988

This proposed rule would allow fresh apricots to be imported into
the United States from continental Spain, subject to a systems
approach. If this proposed rule is adopted, State and local laws and
regulations regarding fresh apricots imported under this rule would be
preempted while the fruit is in foreign commerce. Fresh apricots 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. If this proposed rule is
adopted, 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 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 proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. APHIS-
2011-0132. Please send a copy of your comments to: (1) Docket No.
APHIS-2011-0132, Regulatory Analysis and Development, PPD, APHIS,
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238,
and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street and
Independence Avenue SW., Washington, DC 20250. A comment to OMB is best
assured of having its full effect if OMB receives it within 30 days of
publication of this proposed rule.
APHIS is proposing to amend the fruits and vegetables regulations
to allow the importation of fresh apricots from continental Spain into
the United States subject to a systems approach. As a condition of
entry, apricots from Spain would have to be produced in accordance with
a systems approach that would include requirements for importation in
commercial consignments; a limited harvest period; registration of
production and packinghouses; grove sanitation, and pest control
practices; treatment with surface disinfectant; and inspection for
quarantine pests by the NPPO of Spain.
Apricots from continental Spain would also be required to be
accompanied by a phytosanitary certificate with an additional
declaration stating that the apricots have been inspected and found to
be free of quarantine pests and were grown and packed in accordance
with the proposed requirements. This action would allow for the
importation of apricots from continental Spain into the United States
while continuing to provide protection against the introduction of
quarantine pests.
Allowing the importation of apricots to be imported into the United
States from Spain will require information collection activities,
including phytosanitary certificates, production site and packinghouse
registration, recordkeeping, a workplan, and a trust fund agreement.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 6.4827 hours per response.
Respondents: The NPPO of Spain and producers and importers of
apricots.
Estimated number of respondents: 23.
Estimated number of responses per respondent: 1.2608.
Estimated annual number of responses: 29.
Estimated total annual burden on respondents: 188 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)

[[Page 6231]]

Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
851-2908.

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 proposed 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 propose to amend 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. Add Sec. 319.56-58 to read as follows:

Sec. 319.56-58 Fresh apricots from continental Spain.

Fresh apricots (Prunus armeniaca Marshall) may be imported into the
United States from continental Spain (excluding the Balearic Islands
and Canary Islands) only under the conditions described in this
section. These conditions are designed to prevent the introduction of
the following quarantine pests: Apiognomonia erythrostoma (Pers.), a
brown rot fungus; Ceratitis capitata Wiedemann, the Mediterranean fruit
fly; Cydia funebrana (Treitschke), the plum fruit moth; and Monilinia
fructigena Honey, the leaf scorch fungus.
(a) General requirements. (1) The national plant protection
organization (NPPO) of Spain must provide a bilateral workplan to APHIS
that details the activities that the NPPO of Spain will, subject to
APHIS' approval of the workplan, carry out to meet the requirements of
this section. APHIS will be directly involved with the NPPO of Spain in
monitoring and auditing implementation of the systems approach. The
NPPO of Spain must also enter into a trust fund agreement with APHIS in
accordance with Sec. 319.56-6.
(2) All places of production and packinghouses that participate in
the export program must be registered with the NPPO of Spain.
(3) The fruit must be grown at places of production that meet the
requirements of paragraph (d) of this section.
(4) The fruit must be packed for export to the United States in a
packinghouse that meets the requirements of paragraph (i) of this
section. The place of production where the apricots were grown must
remain identifiable when the fruit leaves the grove, at the
packinghouse, and throughout the export process. Safeguarding in
accordance with paragraph (h) of this section must be maintained at all
times during the movement of the apricot fruit to the United States and
must be intact upon arrival of the apricot fruit in the United States.
(b) Commercial consignments. Apricots from continental Spain may be
imported to the United States in commercial consignments only.
(c) Monitoring and oversight. (1) The NPPO of Spain must visit and
inspect places of production starting 2 months (60 days) before harvest
and continuing until the end of the shipping season to verify that
growers are complying with the requirements of this section and to
follow pest control guidelines, when necessary, to reduce quarantine
pest populations. The NPPO of Spain must certify that exporting places
of production have fruit fly and moth trapping programs and follow
control guidelines, when necessary, to reduce regulated pest
populations. Any personnel conducting trapping and pest surveys must be
hired, trained, and supervised by the NPPO of Spain. APHIS may monitor
the places of production if necessary.
(2) In addition to conducting fruit inspections at the
packinghouses, the NPPO of Spain must monitor packinghouse operations
to verify that the packinghouses are complying with the requirements of
this section.
(3) If the NPPO of Spain finds that a place of production or
packinghouse is not complying with the requirements of this section, no
fruit from the place of production or packinghouse will be eligible for
export to the United States until APHIS and the NPPO of Spain conduct
an investigation and implement appropriate remedial actions.
(4) The NPPO of Spain must retain all forms and documents related
to export program activities in places of production and packinghouses
for at least 1 year and, as requested, provide them to APHIS for
review.
(d) Grove sanitation. Fruit that has fallen from the trees at each
place of production must be removed and destroyed weekly.
(e) Fungi. During the growing season, the NPPO of Spain must
conduct inspections at intervals specified in the workplan in the place
of production for signs of A. erythrostoma and M. fructigena until
harvest is completed. Infected leaves must be removed from places of
production to reduce the inoculum potential. Upon detection of these
fungal diseases, the NPPO of Spain must notify APHIS, which may
prohibit the importation into the United States of apricots from the
production site for the season.
(f) C. funebrana. The NPPO of Spain must use one of the following
two mitigation measures to address the risk potential posed by C.
funebrana.
(1) Pest-free area: Under this mitigation measure, apricots must
originate from an area designated as free of C. funebrana in accordance
with Sec. 319.56-5.
(2) Area of low pest prevalence and pest management: Under this
mitigation measure, the NPPO of Spain must visit and visually inspect
registered places of production during the growing season and harvest
period for signs of C. funebrana to demonstrate that the places of
production have a low prevalence of C. funebrana and to verify that the
growers are complying with the requirements of this paragraph. The NPPO
of Spain must also sample and visually inspect a quantity of fruit
specified in the workplan. Trapping must also be conducted in the
places of production to demonstrate that the places of production have
a low prevalence of C. funebrana. If the prevalence of any life stage
of C. funebrana rises above levels specified in the bilateral workplan,
remedial measures approved jointly by APHIS and the NPPO of Spain must
be implemented. The NPPO of Spain must keep records of the placement of
traps, trap visits, trap counts, and treatments for each registered
place of production and make the records available to APHIS upon
request.
(g) C. capitata. (1) Trapping must be conducted in the places of
production to demonstrate that those places of production have a low
prevalence of C. capitata. Specific trapping requirements are included
in the bilateral workplan. If the prevalence rises above levels
specified in the bilateral workplan, remedial measures approved jointly
by APHIS and the NPPO of Spain must be implemented. The NPPO of Spain
must

[[Page 6232]]

keep records of the placement of traps, trap visits, trap counts, and
treatments for each registered place of production and make the records
available to APHIS upon request.
(2) All apricots for export from continental Spain to the United
States must be treated for C. capitata in accordance with part 305 of
this chapter.
(h) Post-harvest procedures. The apricots must be safeguarded by a
pest-proof screen, plastic tarpaulin, or by some other pest-proof
barrier while in transit to the packinghouse and while awaiting
packing. They must be packed within 24 hours of harvest into pest-proof
cartons or containers or covered with pest-proof mesh or a plastic
tarpaulin for transport to the United States. These safeguards must
remain intact until arrival of the consignment in the United States.
(i) Packinghouse requirements. Packing of apricots for export to
the United States must be conducted within a packinghouse registered
and approved by the NPPO of Spain. Packinghouses in which apricots are
packed for export to the United States must be able to exclude
quarantine pests. All openings to the outside of the packinghouse must
be covered by screening with openings of not more than 1.6 mm or by
some other barrier that prevents pests from entering. The packinghouse
must have double self-closing doors at the entrance to the facility and
at the interior entrance to the area where the apricots are to be
packed. During the time the packinghouse is used to pack and export
apricot fruit to the United States, the packinghouse must only accept
fruit from places of production registered and approved by the NPPO of
Spain.
(j) Phytosanitary inspection. (1) A biometric sample of apricot
fruit jointly agreed upon by APHIS and the NPPO of Spain must be
inspected in Spain by the NPPO of Spain following post-harvest
processing. The sample must be visually inspected for the quarantine
pests A. erythrostoma, C. funebrana, and M. fructigena. A portion of
the fruit must be cut open and inspected for C. capitata. If any of
these quarantine pests are found, the entire consignment of apricot
fruit will be prohibited from importation into the United States.
(2) Fruit presented for inspection at a U.S. port of entry must be
identified in the shipping documents accompanying each lot of fruit
that specify the place of production in which the fruit was produced
and the packinghouse in which the fruit was processed. This
identification must be maintained until the fruit is released for entry
into the United States.
(k) Phytosanitary certificate. Each consignment of apricot fruit
must be accompanied by a phytosanitary certificate issued by the NPPO
of Spain that states that the fruit has been treated for C. capitata in
accordance with 7 CFR part 305 and includes an additional declaration
that the fruit in the consignment was inspected and found free from A.
erythrostoma, C. capitata, C. funebrana, and M. fructigena.

Done in Washington, DC, this 25th day of January 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-02021 Filed 1-29-13; 8:45 am]
BILLING CODE 3410-34-P