[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Proposed Rules]
[Pages 27864-27866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11322]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Proposed
Rules
[[Page 27864]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 305
[Docket No. APHIS-2012-0089]
Cold Treatment for Fresh Fruits and Vegetables; MidAmerica St.
Louis Airport, Mascoutah, IL
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to allow, under certain conditions, the cold
treatment of imported fruits and vegetables upon arrival at the
MidAmerica St. Louis Airport, Mascoutah, IL. We have determined that
there are biological barriers at this port that, along with certain
safeguards, would prevent the introduction of fruit flies and other
insect pests into the United States in the unlikely event that they
escape from shipments of fruits or vegetables before the fruits or
vegetables undergo cold treatment. This action would facilitate the
importation of fruit requiring cold treatment while continuing to
provide protection against the introduction of fruit flies and other
insect pests into the United States.
DATES: We will consider all comments that we receive on or before July
12, 2013.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2012-0089-0001.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2012-0089, 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-2012-
0089 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: Dr. Inder P. S. Gadh, Senior Risk
Manager--Treatments, PPQ, APHIS, 4700 River Road Unit 133, Riverdale,
MD 20737-1236; (301) 851-2018.
SUPPLEMENTARY INFORMATION:
Background
The phytosanitary treatments regulations in 7 CFR part 305 set out
general requirements for certifying or approving treatment facilities
and for performing treatments listed in the Plant Protection and
Quarantine (PPQ) Treatment Manual \1\ for fruits, vegetables, and other
articles to prevent the introduction or dissemination of plant pests or
noxious weeds into or through the United States. Within part 305, Sec.
305.6 (referred to below as the regulations) sets out requirements for
treatment procedures, monitoring, facilities, and enclosures needed for
performing sustained refrigeration (cold treatment) sufficient to kill
certain insect pests associated with imported fruits and vegetables and
with regulated articles moved interstate from quarantined areas within
the United States.
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\1\ The PPQ Treatment Manual is available at (http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf).
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Most imported fruits or vegetables that require cold treatment
undergo that treatment while in transit to the United States. However,
the Animal and Plant Health Inspection Service (APHIS) also allows
imported fruits or vegetables to undergo cold treatment at an approved
cold treatment facility in either the country of origin or after
arrival in the United States at a cold storage warehouse approved by
the APHIS Administrator.
In Sec. 305.6, paragraph (b) limits cold treatment facilities to
those cold storage warehouses approved by the Administrator and located
in the area north of 39[deg] latitude and east of 104[deg] longitude,
or under special conditions at one of the following ports, which are
outside the geographic area stipulated in the regulations: The maritime
ports of Wilmington, NC; Seattle, WA; Corpus Christi, TX; and Gulfport,
MS; Seattle-Tacoma International Airport, Seattle, WA; and Hartsfield-
Atlanta International Airport, Atlanta, GA. The location restrictions
serve as an additional safeguard against the possibility that fruit
flies or other pests could escape from imported articles prior to
treatment and become established in the United States.
As stated previously, the regulations do allow cold treatment
facilities to be located outside the geographical area stipulated by
the regulations. In order to approve those locations, APHIS conducts
site-specific evaluations and determines whether regulated articles can
be safely transported to cold treatment facilities under special
conditions to mitigate the possible escape of pests of concern.
Proposed Additional Port
APHIS has received a petition from North Bay Produce, Inc., to
designate the MidAmerica St. Louis Airport, Mascoutah, IL, as an
approved location for the cold treatment of imported fruits or
vegetables. In addition, some importers of fruits and vegetables have
shown considerable interest in locating cold treatment facilities in
places that are not currently allowed under the regulations. Currently,
no cold treatment facilities are available near the proposed location.
An APHIS-approved cold treatment facility in this location would allow
importers to treat fruits and vegetables arriving from foreign
locations and requiring a treatment to meet U.S. entry requirements.
In response to this request, we are proposing to add the MidAmerica
St. Louis Airport, Mascoutah, IL, to the list of ports that are
designated as approved locations for cold treatment of imported fruits
or vegetables. This proposal is based on our determination that there
are biological barriers in the area of this port that, along with
certain safeguards, would prevent the introduction of fruit flies and
other insect pests in the unlikely event that they escape from
shipments of fruits or vegetables before the fruits or vegetables
undergo cold treatment.
To support this action, we have prepared a treatment evaluation
document (TED) entitled ``Allowing a new cold treatment facility at
[[Page 27865]]
Mascoutah, Illinois, located outside the area currently authorized.''
Copies of the TED may be obtained from the person listed under FOR
FURTHER INFORMATION CONTACT and may be viewed on the Internet on the
Regulations.gov Web site or in our reading room (see ADDRESSES above
for instructions for accessing Regulations.gov and the location and
hours of the reading room). In the TED, we concluded that the pest
risks posed by the establishment of a cold treatment facility at the
MidAmerica St. Louis Airport, Mascoutah, IL, outside of the area north
of 39[deg] latitude and east of 104[deg] longitude, can be adequately
managed through use of special conditions to mitigate the possible
escape of pests of concern.
Special Conditions for the MidAmerica St. Louis Airport, Mascoutah, IL
In addition to the general requirements in Sec. 305.6(a) through
(g) of the regulations concerning cold treatment, we are proposing to
apply the following requirements to cold treatment conducted at the
MidAmerica St. Louis Airport, Mascoutah, IL. These requirements would
be added to the regulations as a new paragraph (h)(5) of Sec. 305.6.
In paragraph (h)(5)(i) of Sec. 305.6, we are proposing that bulk
and containerized consignments of fruits or vegetables arriving for
cold treatment would have to be cold treated within the area over which
the U.S. Department of Homeland Security is assigned the authority to
accept entries of merchandise, to collect duties, and to enforce the
various provisions of the customs and navigation laws in force.
Under this proposal, paragraph (h)(5)(ii) would lay out a number of
conditions that any proposed facility would have to meet, which would
be agreed upon by the involved parties and included in the facility
compliance agreement required under paragraph (f) of Sec. 305.6. These
conditions, which are described below, would be listed in paragraphs
(h)(5)(ii)(A) through (h)(5)(ii)(F).
The facility would only be certified if APHIS determines
that regulated articles would be safely transported to the facility
from the port of arrival without significant risk that plant pests will
escape in transit or while the regulated articles are at the facility.
Bulk consignments (those consignments which are stowed and
unloaded by the case or bin) of fruit would have to arrive in pest-
proof packaging that prevents the escape of the pests of concern.
The facility would have to ensure that the pest-proof
cartons are off-loaded from containers in a safeguarded environment and
at no time would the articles be removed from the cartons prior to
treatment.
Arrangements for treatment would have to be made before
the departure of a consignment from its port of entry or points of
origin in the United States. The cold treatment facility and APHIS must
agree in advance on the route by which consignments are allowed to move
between the aircraft on which they arrived at the airport and the cold
treatment facility. The movement of consignments from aircraft to a
cold treatment facility will not be allowed until an acceptable route
has been agreed upon.
The facility would have to have contingency plans,
approved by the APHIS Administrator, for safely destroying or disposing
of fruit.
The facility would have to maintain physical separation of
treated articles from untreated articles and apply all required
safeguards (e.g., larger consignments are broken up into smaller boxes
following treatment and those treated articles are required to be
packaged in pest-proof containers per an agreement between the
treatment facility and the importer) before releasing to local markets
or for movement to other States.
We believe that the mitigation measures described above, which are
based on safeguards in place for other cold treatment facilities, would
prevent the introduction of fruit flies and other plant pests that may
be in shipments of fruits or vegetables arriving at the MidAmerica St.
Louis Airport, Mascoutah, IL, for cold treatment.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule is subject to Executive Order 12866. However,
for this action, the Office of Management and Budget has waived its
review under Executive Order 12866.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this proposed rule on small entities. 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).
Based on the information we have, there is no reason to conclude
that adoption of this proposed rule would result in any significant
economic effect on a substantial number of small entities. However, we
do not currently have all of the data necessary for a comprehensive
analysis of the effects of this proposed rule on small entities.
Therefore, we are inviting comments on potential effects. In
particular, we are interested in determining the number and kind of
small entities that may incur benefits or costs from the implementation
of this proposed rule.
This proposed rule would amend the regulations to allow a new cold
treatment facility to be located at MidAmerica St. Louis Airport,
Mascoutah, Illinois. The facility is expected to be used mainly to
treat imported blueberries. While most, if not all, blueberry farms in
the United States are small entities, we do not expect the rule to
significantly affect the market for blueberries because the proposed
facility is not projected to result in a significant increase in the
quantity of blueberries imported into the United States. The United
States is the world's largest producer of blueberries and U.S.
blueberry exports exceed imports four-fold.
The proposed cold treatment facility is expected to benefit the
MidAmerica St. Louis Airport and the local economy. The facility is
expected to result in at least 800 flights of produce requiring cold
treatment per year, raising at least $8 million in direct income for
the airport. MidAmerica St. Louis Airport is classified as a small
entity within the NAICS category of Other Airport Operations (NAICS
488119), for which the small-entity standard is annual revenue of not
more than $30 million. Our initial regulatory flexibility analysis
discusses the expected positive economic effects of the rule for the
MidAmerica St. Louis Airport and related local businesses.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
[[Page 27866]]
Paperwork Reduction Act
This proposed rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 305
Irradiation, Phytosanitary treatment, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements.
Accordingly, we propose to amend 7 CFR part 305 as follows:
PART 305--PHYTOSANITARY TREATMENTS
0
1. The authority citation for part 305 continues to read as follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and
136a; 7 CFR 2.22, 2.80, and 371.3.
0
2. Section 305.6 is amended as follows:
0
a. In paragraph (b), by adding the words ``MidAmerica St. Louis
Airport, Mascoutah, IL;'' after the words ``Seattle-Tacoma
International Airport, Seattle, WA;'' and
0
b. By adding a new paragraph (h)(5) to read as set forth below.
Sec. 305.6 Cold treatment requirements.
* * * * *
(h) * * *
(5) Airport of Mascoutah, IL. Consignments of fruits or vegetables
arriving at the MidAmerica St. Louis Airport, Mascoutah, IL, for cold
treatment, in addition to meeting all other applicable requirements of
this section, must meet the following special conditions:
(i) Bulk and containerized consignments of fruits or vegetables
arriving for cold treatment must be cold treated within the area over
which the U.S. Department of Homeland Security is assigned the
authority to accept entries of merchandise, to collect duties, and to
enforce the various provisions of the customs and navigation laws in
force.
(ii) APHIS will evaluate facility safeguards in light of the plant
health risks involved and approve the operation of a facility in that
location subject to the following conditions to be agreed upon by the
involved parties and included in the compliance agreement required in
Sec. 305.6(f):
(A) The facility will only be certified if the Administrator
determines that the regulated articles could be safely transported to
the facility from the point of entry or origin without significant risk
that plant pests will escape in transit to the facility or while the
regulated articles are at the facility.
(B) Bulk consignments (those consignments which are stowed and
unloaded by the case or bin) of fruit must arrive in pest-proof
packaging that prevents the escape of the pests of concern.
(C) The facility must ensure that the pest-proof cartons are off-
loaded from containers in a safeguarded environment and at no time are
the articles to be removed from the cartons prior to treatment.
(D) Arrangements for treatment must be made before the departure of
a consignment from its port of entry or points of origin in the United
States. The cold treatment facility and APHIS must agree in advance on
the route by which consignments are allowed to move between the
aircraft on which they arrived at the airport and the cold treatment
facility. The movement of consignments from aircraft to a cold
treatment facility will not be allowed until an acceptable route has
been agreed upon.
(E) The facility must have contingency plans, approved by the
Administrator, for safely destroying or disposing of fruits or
vegetables.
(F) The facility must maintain physical separation of treated
articles from untreated articles and apply all required safeguards
(e.g., larger consignments are broken up into smaller boxes following
treatment and those treated articles are required to be packaged in
pest-proof containers per an agreement between the treatment facility
and the importer) before releasing to local markets or for movement to
other States.
Done in Washington, DC, this May 8, 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-11322 Filed 5-10-13; 8:45 am]
BILLING CODE 3410-34-P