[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Proposed Rules]
[Pages 79634-79636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31144]
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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. 251 / Tuesday, December 31, 2013 /
Proposed Rules
[[Page 79634]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2013-0016]
RIN 0579-AD81
Importation of Fresh Blueberry Fruit From Morocco Into the
Continental United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations concerning the
importation of fruits and vegetables to allow the importation of fresh
blueberry fruit from Morocco into the continental United States. As a
condition of entry, the blueberries would have to be produced under a
systems approach employing a combination of mitigation measures for two
quarantine pests, Ceratitis capitata and Monilinia fructigena, and
would have to be inspected prior to exportation from Morocco and found
free of these pests. The blueberries would have to be imported in
commercial consignments only and would have to be treated with one of
two approved postharvest treatments to mitigate the risk of C.
capitata. The blueberries would also have to be accompanied by a
phytosanitary certificate with an additional declaration stating that
the conditions for importation have been met. This action would allow
the importation of blueberries from Morocco while continuing to protect
against the introduction of plant pests into the United States.
DATES: We will consider all comments that we receive on or before March
3, 2014.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2013-0016-0001.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2013-0016, 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-2013-
0016 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. Dorothy Wayson, Senior Regulatory
Policy Specialist, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD
20737-1231; (301) 851-2036.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-62, 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.
The national plant protection organization (NPPO) of Morocco has
requested that the Animal and Plant Health Inspection Service (APHIS)
amend the regulations to allow fresh blueberry fruit from Morocco to be
imported into the continental United States.
As part of our evaluation of Morocco's request, we prepared a pest
risk assessment (PRA), titled ``Importation of Fresh Fruit of Highbush
Blueberry (Vaccinium corymbosum Linnaeus) and its hybrid varieties
Southern Highbush Blueberry [V. corymbosum x angustifolium (V. x
atlanticum) and V. corymbosum x virgatum] into the Continental United
States from Morocco'' (March 2012). The PRA evaluated the risks
associated with the importation of blueberries into the continental
United States from Morocco.
The PRA identified two pests of quarantine significance present in
Morocco that could be introduced into the United States through the
importation of blueberries: Ceratitis capitata, the Meditterranean
fruit fly, and Monilinia fructigena Honey ex Whetzel, a fungus.
According to our PRA, both pests are rated high risk. Pests with
high pest risk potential generally require measures in addition to
inspection at the port of entry to mitigate risk. To recommend specific
measures to mitigate the risk posed by the pests identified in the PRA,
we prepared a risk management document (RMD). Copies of the PRA and 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).
Based on the recommendations of the RMD, we are proposing to allow
the importation of blueberries from Morocco into the continental United
States only if they are produced in accordance with a systems approach.
The systems approach we are proposing would require that blueberries be
imported only under the conditions described below. These conditions
would be added to the regulations in a new Sec. 319.56-63.
Proposed paragraph (a) of Sec. 319.56-63 would state that
blueberries from Morocco may be imported in commercial consignments
only. Produce grown commercially is less likely to be infested with
plant pests than noncommercial shipments. Noncommercial shipments 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. Commercial
consignments, as defined in Sec. 319.56-2, are consignments that an
inspector identifies as having been imported for sale and distribution.
Such identification is based on a variety of indicators, including, but
not limited to: Quantity of produce, type of packaging, identification
of grower or packinghouse on the packaging, and documents consigning
the fruits or vegetables to a wholesaler or retailer.
Paragraph (b) would require blueberries to be grown at places of
production that are registered with the
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NPPO of Morocco. Registering places of production would allow APHIS and
the NPPO of Morocco to trace back consignments of blueberries to the
orchard of origin if a pest or disease of concern is detected after
harvest.
M. fructigena is the most common cause of fruit rot in the fruit
orchards in Europe and Asia, causing characteristic brown rot symptoms
that can easily be identified during visual inspections. Therefore,
paragraph (c) would require that, 30 days prior to harvest, blueberries
be inspected in the field by the NPPO of Morocco for signs of M.
fructigena infestation. If the fungal disease is detected, the NPPO of
Morocco would have to notify APHIS, at which point APHIS will prohibit
the importation of blueberries into the continental United States from
the place of production for the remainder of the season. The place of
production may resume shipments of blueberries to the United States in
the next growing season if an investigation is conducted and APHIS and
the NPPO of Morocco agree that appropriate remedial actions have been
taken.
C. capitata produce oviposition scars in blueberries, but eggs are
laid below the skin of the fruit and larvae are internal feeders;
therefore, infested fruit may be overlooked during inspection. Thus,
additional safeguards beyond field and packinghouse inspections would
be necessary to prevent the pest from being introduced into the United
States. The RMD discusses the use of two treatments to reduce the risk
of C. capitata from blueberries from Morocco: Fumigation with methyl
bromide according to treatment schedule T101-i-1-1 or cold treatment
according to treatment schedule T107-a. Both are approved APHIS
treatments for C. capitata in blueberries.
Accordingly, paragraph (d) would require that each consignment of
blueberries be treated in accordance with 7 CFR part 305 for C.
capitata with one of the two above-mentioned treatment methods. Within
part 305, Sec. 305.2 provides that approved treatment schedules are
set out in the Plant Protection and Quarantine Treatment Manual, found
online at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf. Treatments would also be conducted in
accordance with the other requirements of part 305.
Paragraph (e) of Sec. 319.56-63 would require each consignment of
blueberries imported from Morocco into the continental United States to
be accompanied by a phytosanitary certificate issued by the NPPO of
Morocco with an additional declaration stating that the requirements of
Sec. 319.56-63 have been met and the consignment has been inspected
and found free of M. fructigena.
Under the general conditions for the importation of fruits and
vegetables in Sec. 319.56-3, each consignment of blueberries would be
subject to further inspection at the port of entry into the United
States.
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).
Morocco expects to export 360,000 pounds of fresh blueberries to
the continental United States annually. This quantity is equivalent to
about one-tenth of 1 percent of U.S fresh blueberry supply, 2007-2011.
Morocco is expected to export fresh blueberries to the continental
United States in July and August. The U.S. blueberry season is from
April to August. Even though the two seasons overlap and most, if not
all, fresh blueberry producers in the United States are small entities,
the relatively small quantity expected to be imported from Morocco
would not significantly affect the U.S. market or prices.
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 blueberry fruit to be imported
into the continental United States from Morocco. If this proposed rule
is adopted, State and local laws and regulations regarding blueberries
imported under this rule would be preempted while the fruit is in
foreign commerce. Fresh fruits 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-
2013-0016. Please send a copy of your comments to: (1) APHIS, using one
of the methods described under ADDRESSES at the beginning of this
document, 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.
This proposed rule would amend the fruits and vegetables
regulations to allow the importation of fresh blueberry fruit from
Morocco into the continental United States. As a condition of entry,
the blueberries would have to be produced under a systems approach
employing a combination of mitigation measures for two quarantine pests
and would have to be inspected prior to exportation from Morocco and
found free of these pests. The blueberries would have to be imported in
commercial consignments only and would have to be treated with one of
two approved postharvest treatments to mitigate the risk of C.
capitata. The blueberries would also have to be accompanied by a
phytosanitary certificate with an additional declaration stating that
the conditions for importation have been met. Implementing this
rulemaking would require production site registration and the
completion of phytosanitary certificates.
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;
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(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 .55 hours per response.
Respondents: NPPO of Morocco, blueberry producers in Morocco, and
U.S. importers.
Estimated annual number of respondents: 8.
Estimated annual number of responses per respondent: 3.
Estimated annual number of responses: 20.
Estimated total annual burden on respondents: 11 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.)
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 EGovernment 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.
Lists 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 proposing 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. Section 319.56-63 is added to read as follows:
Sec. 319.56-63 Fresh blueberries from Morocco.
Fresh fruit of highbush blueberry (Vaccinimum corymbosum L.) and
its hybrid varieties southern highbush blueberry [V. corymbosum x
angustifolium (V. x atlanticum) and V. corymbosum x virgatum] may be
imported into the continental United States from Morocco only under the
conditions described in this section. These conditions are designed to
prevent the introduction of the following quarantine pests: Ceratitis
capitata, the Mediterranean fruit fly, and the fungus Monilinia
fructigena Honey ex Whetzel.
(a) The blueberries may be imported in commercial consignments
only.
(b) The blueberries must be grown at places of production that are
registered with the national plant protection organization (NPPO) of
Morocco.
(c) During the growing season, blueberries must be inspected in the
field for signs of M. fructigena infestation 30 days prior to harvest.
If the fungal disease is detected, the NPPO of Morocco must notify
APHIS. APHIS will prohibit the importation of blueberries from Morocco
into the continental United States from the place of production for the
remainder of the growing season. The exportation of blueberries from
the rejected place of production may resume in the next growing season
if an investigation is conducted and APHIS and the NPPO of Morocco
agree that appropriate remedial actions have been taken.
(d) Each consignment of blueberries must be treated in accordance
with 7 CFR part 305 for C. capitata.
(e) Each consignment of blueberries must be accompanied by a
phytosanitary certificate issued by the NPPO of Morocco with an
additional declaration stating that the conditions of this section have
been met, and that the consignment has been inspected prior to export
from Morocco and found free of M. fructigena.
Done in Washington, DC, this 20th day of December 2013.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-31144 Filed 12-30-13; 8:45 am]
BILLING CODE 3410-34-P