80 FR 22927 - Importation of Fresh Andean Blackberry and Raspberry Fruit From Ecuador Into the Continental United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 80, Issue 79 (April 24, 2015)

Page Range		22927-22930
FR Document		2015-09578
We are proposing to amend the fruits and vegetables regulations to allow the importation of fresh Andean blackberry and raspberry fruit from Ecuador into the continental United States. As a condition of entry, the fruit would have to be produced in accordance with a systems approach that would include requirements for importation in commercial consignments, from a pest free production site within a certified low pest prevalence area for fruit flies, and pest monitoring and trapping. The fruit would also have to be accompanied by a phytosanitary certificate issued by the national plant protection organization of Ecuador bearing an additional declaration stating that the consignment was produced and prepared for export in accordance with the requirements of the systems approach. This action would allow for the importation of fresh Andean blackberry and raspberry fruit from Ecuador while continuing to provide protection against the introduction of quarantine pests into the continental United States.
Federal Register, Volume 80 Issue 79 (Friday, April 24, 2015)
[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Proposed Rules]
[Pages 22927-22930]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09578]


========================================================================
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.

========================================================================


Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / 
Proposed Rules

[[Page 22927]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2014-0085]
RIN 0579-AE04


Importation of Fresh Andean Blackberry and Raspberry Fruit From 
Ecuador Into the Continental United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the fruits and vegetables 
regulations to allow the importation of fresh Andean blackberry and 
raspberry fruit from Ecuador into the continental United States. As a 
condition of entry, the fruit would have to be produced in accordance 
with a systems approach that would include requirements for importation 
in commercial consignments, from a pest free production site within a 
certified low pest prevalence area for fruit flies, and pest monitoring 
and trapping. The fruit would also have to be accompanied by a 
phytosanitary certificate issued by the national plant protection 
organization of Ecuador bearing an additional declaration stating that 
the consignment was produced and prepared for export in accordance with 
the requirements of the systems approach. This action would allow for 
the importation of fresh Andean blackberry and raspberry fruit from 
Ecuador while continuing to provide protection against the introduction 
of quarantine pests into the continental United States.

DATES: We will consider all comments that we receive on or before June 
23, 2015.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0085.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2014-0085, 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-2014-
0085 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. Claudia Ferguson, Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
Regulations, Permits and Manuals, PPQ, APHIS, 4700 River Road Unit 133, 
Riverdale, MD 20737-1231; (301) 851-2352; 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-71, 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 regulations currently do not authorize 
the importation of fresh Andean blackberry and raspberry fruit from 
Ecuador. The national plant protection organization (NPPO) of Ecuador 
has requested that the Animal and Plant Health Inspection Service 
(APHIS) amend the regulations to allow Andean blackberry and raspberry 
fruit to be imported from Ecuador into the continental United States.
    As part of our evaluation of Ecuador's request, we have prepared a 
pest risk assessment (PRA), titled ``Importation of Fresh Fruit of 
Andean Blackberry (Rubus glaucus Benth) and Raspberry (Rubus idaeus 
Linnaeus) into the Continental United States from Ecuador'' (June 
2012). The PRA evaluates the risks associated with the importation of 
fresh Andean blackberry and raspberry fruit into the continental United 
States from Ecuador. Copies of the PRA may be obtained by contacting 
the individual 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 identified three quarantine pests likely to follow the 
pathway of fresh Andean blackberry and raspberry fruit imported from 
Ecuador: Anastrepha fraterculus (South American fruit fly), Ceratitis 
capitata (Mediterranean fruit fly), and Copitarsia decolora, a moth. 
All of these pests were rated in the PRA as posing a high pest risk 
potential.
    APHIS has determined that measures beyond standard port of arrival 
inspection are required to mitigate the risks posed by these plant 
pests. Therefore, we are proposing to allow the importation of fresh 
Andean blackberry and raspberry fruit from Ecuador into the continental 
United States produced under a systems approach.
    APHIS has also prepared a risk management document for the 
importation of fresh Andean blackberry and raspberry fruit from Ecuador 
that identifies a systems approach of specific mitigation measures 
against the quarantine pests identified in the PRA and concludes that 
those measures, along with the general requirements for the importation 
of fruits and vegetables in the regulations, will be sufficient to 
prevent the introduction of the identified pests into the continental 
United States. Therefore, we are proposing to add the systems approach 
requirement to the regulations in a new Sec.  319.56-73. The proposed 
measures are described below.

General Requirements

    Paragraph (a) of proposed Sec.  319.56-73 would set out general 
requirements for the NPPO of Ecuador and for growers and packers 
producing fresh Andean blackberry and raspberry fruit for export to the 
continental United States.
    Paragraph (a)(1) of proposed Sec.  319.56-73 would require the NPPO 
of Ecuador to provide an operational workplan to APHIS that details the 
activities that the NPPO would, subject to APHIS' approval of the 
workplan, carry out to meet the requirements of proposed Sec.  319.56-
73. An operational workplan is an agreement developed between

[[Page 22928]]

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 
be carried out to comply with our regulations governing the importation 
of a specific commodity. Operational workplans apply only to the 
signatory parties and establish detailed procedures and guidance for 
the day-to-day operations of specific import/export programs. 
Operational 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 an operational workplan to be 
developed.
    Paragraph (a)(2) of proposed Sec.  319.56-73 would state that APHIS 
will be directly involved with the NPPO of Ecuador in monitoring and 
auditing implementation of the systems approach.
    Paragraph (a)(3) of proposed Sec.  319.56-73 would state that only 
commercial consignments of fresh Andean blackberry and raspberry fruit 
from Ecuador would be allowed to be imported into the continental 
United States. Commercial consignments are 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, may be of a variety with unknown susceptibility 
to pests, and is often grown with little or no pest control.

Production Site Requirements

    Paragraph (b) of proposed Sec.  319.56-73 would require certain 
mitigation measures to be taken under the systems approach at the 
registered production sites. Paragraph (b)(1) would require the 
production site to carry out any phytosanitary measures specified in 
the operational workplan. Examples of measures may include field 
monitoring, bait spraying, and trapping.
    Both Andean blackberries and raspberries have been established in 
the scientific literature as poor hosts of Anastrepha fraterculus and 
Ceratitis capitata. Currently, APHIS does not require mitigations for 
Ceratitis capitata for raspberries imported from countries with this 
pest, including Colombia, Costa Rica, El Salvador, France, Guatemala, 
Honduras, Nicaragua, and Panama. Therefore, mitigations for Ceratitis 
capitata other than requiring commercial production and inspections are 
not included in the systems approach. However, there are a few recorded 
instances of Anastrepha fraterculus infesting Andean blackberries in 
the field. Because of the slightly stronger host status potential for 
Anastrepha fraterculus in blackberries and raspberries, we would 
include in the operational workplan a requirement for field trapping 
and bait spraying in order to maintain low pest prevalence for this 
pest.
    Paragraph (b)(2) of proposed Sec.  319.56-73 would require that all 
production sites participating in the Andean blackberry and raspberry 
fruit export program be registered with the NPPO of Ecuador. Such 
registration would facilitate traceback of a consignment of blackberry 
and raspberry fruit to the production site in the event that quarantine 
pests were discovered in the consignment at the port of first arrival 
into the United States. APHIS would reserve the right to conduct 
oversight visits at the production site in the event of pest 
interceptions or other problems.
    Paragraph (b)(3) would require the NPPO of Ecuador or their 
designee \1\ to conduct a fruit fly trapping program for the detection 
of Anastrepha fraterculus at each production site. This program would 
support efforts for pest free production sites within a certified low 
pest prevalence area for fruit flies. Details of the trapping program 
and designation, if applicable, would be specified in the operational 
workplan.
---------------------------------------------------------------------------

    \1\ An approved designee is an entity with which the NPPO 
creates a formal agreement that allows that entity to certify that 
the appropriate procedures have been followed. The approved designee 
can be a contracted entity, a coalition of growers, or the growers 
themselves.
---------------------------------------------------------------------------

    Paragraph (b)(4) would require that the NPPO of Ecuador maintain 
records of trap placement, trap checks, and any captures of Anastrepha 
fraterculus. The trapping records would have to be maintained and 
available for APHIS' review for at least 1 year.
    Lastly, paragraph (b)(5) would require that the NPPO of Ecuador 
also maintain an APHIS-approved quality control program to monitor or 
audit the trapping program, the details of which would be specified in 
the operational workplan.

Packinghouse Requirements

    Paragraph (c) of proposed Sec.  319.56-73 would set forth 
requirements for mitigation and inspection measures specified under the 
operational workplan that would have to take place at registered 
packinghouses.
    Paragraph (c)(1) would require that packinghouses be registered 
with the NPPO of Ecuador and comply with the requirements for 
inspecting and safeguarding fruit as specified in the operational 
workplan. If issues should arise, registration would allow for the 
traceback of a box of fruit to its place of production and packinghouse 
and would allow APHIS and the NPPO of Ecuador to determine what 
remedial actions are necessary.
    Paragraph (c)(2) would require that while in use for exporting 
Andean blackberries and raspberries to the continental United States, 
the packinghouses may only accept fruit from registered production 
sites.
    Paragraph (c)(3) would state that if a single Anastrepha 
fraterculus, Ceratitis capitata, or Copitarsia decolora is detected by 
the NPPO of Ecuador in a consignment, that consignment may not be 
exported to the continental United States. Furthermore, if a single 
Anastrepha fraterculus or Ceratitis capitata were detected in a 
consignment at the port of entry, the consignment would be traced back 
to the production site and would result in immediate cancellation of 
exports to the continental United States from that production site. The 
registered production site would lose its ability to export Andean 
blackberries and raspberries to the continental United States until 
APHIS and the NPPO of Ecuador mutually determine that risk mitigation 
is achieved.

Phytosanitary Certificate

    The NPPO of Ecuador would be responsible for export certification, 
inspection, and issuance of phytosanitary certificates. Paragraph (d) 
of proposed Sec.  319.56-73 would require each consignment of Andean 
blackberries and/or raspberries to be accompanied by a phytosanitary 
certificate issued by the NPPO of Ecuador bearing an additional 
declaration stating that the consignment was produced and prepared for 
export in accordance with the requirements of Sec.  319.56-73.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The 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

[[Page 22929]]

Regulations.gov Web site (see ADDRESSES above for instructions for 
accessing Regulations.gov).
    The proposed rule is in response to a market access request from 
the Government of Ecuador for APHIS authorization to allow the 
importation of fresh Andean raspberries (Rubus idaeus) and blackberries 
(Rubus occidentalis) into the continental United States under a systems 
approach. The systems approach would integrate prescribed mitigation 
measures that cumulatively achieve the appropriate level of 
phytosanitary protection. Generally, APHIS allows the importation of 
fresh fruits and vegetables when requested by a foreign government, and 
when sound science and an analysis of the risks show that it is 
appropriate to do so.
    U.S. entities that may be impacted by the proposed rule are U.S. 
producers of fresh raspberries, blackberries, and loganberries, the 
majority of which are produced in Oregon (98 percent of U.S. 
blackberries and almost all loganberries), Washington (95 percent of 
U.S. red raspberries) and California (84 percent of all color 
raspberries). As a species, Andean raspberries and blackberries are 
similar to loganberries.
    Impacts of the proposed rule on U.S. entities would be dependent 
upon the quantity of fresh Andean raspberries and blackberries from 
Ecuador. In 2005, Ecuador had approximately 10,564 acres of Andean 
blackberry and raspberry crops with a potential production output of 
6,840 metric tons (about 15 million pounds) of fruit. Between 2000 and 
2006, Ecuador exported an average of 13 metric tons (about 28,660 
pounds) of Andean blackberries and raspberries. In 2007, exports of 
fresh Andean raspberries and Andean blackberries from Ecuador reached 
90 metric tons (about 198,416 pounds). According to an Ecuadorian 
government estimate, the maximum quantity of fresh Andean raspberries 
and blackberries that could be exported to the United States is less 
than 182 metric tons per year or 401.24 thousand pounds.
    On average, between 2008 and 2012 the United States imported 37.22 
million pounds of fresh raspberries, and between 2011 and 2013 imported 
63 million pounds of fresh blackberries. Compared to the total average 
U.S. imports of fresh raspberries and blackberries, the Ecuadorian 
import share would be less than 0.5 percent of the total U.S. imports 
for these fruits.
    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 Andean blackberry and 
raspberry fruit to be imported into the continental United States from 
Ecuador. If this proposed rule is adopted, State and local laws and 
regulations regarding fresh Andean blackberry and raspberry fruit 
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-
2014-0085. 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.
    Allowing the importation of fresh Andean blackberry and raspberry 
fruit into the continental United States from Ecuador will require an 
operational workplan, production site registration, packinghouse 
registration, a quality control program, recordkeeping, and 
phytosanitary certificates issued by the NPPO of Ecuador stating that 
the consignments were produced and prepared for export in accordance 
with the requirements of Sec.  319.56-73. The fruit would also be 
required to be imported in commercial consignments.
    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 2.833 hours per response.
    Respondents: NPPO, producers, exporters.
    Estimated number of respondents: 23.
    Estimated number of responses per respondent: 2.608.
    Estimated annual number of responses: 60.
    Estimated total annual burden on respondents: 170 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 Ms. 
Kimberly Hardy, APHIS' Information Collection Coordinator, at (301) 
851-2727.

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 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 propose to amend 7 CFR part 319 as follows:

[[Page 22930]]

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 319.56-73 is added to read as follows:


Sec.  319.56-73.  Andean blackberries and raspberries from Ecuador.

    Andean blackberries (Rubus glaucus Benth) and raspberries (Rubus 
idaeus Linnaeus) may be imported into the continental United States 
from Ecuador under the conditions described in this section and other 
applicable provisions of this subpart. These conditions are designed to 
prevent the introduction of the following quarantine pests: Anastrepha 
fraterculus, Ceratitis capitata, and Copitarsia decolora.
    (a) General requirements. (1) The national plant protection 
organization (NPPO) of Ecuador must provide an operational workplan to 
APHIS that details the systems approach to pest mitigations and other 
specific requirements that the NPPO of Ecuador will, subject to APHIS' 
approval of the workplan, carry out to meet the requirements of this 
section.
    (2) APHIS will be directly involved with the NPPO of Ecuador in 
monitoring and auditing implementation of the systems approach.
    (3) Andean blackberry and raspberry fruit from Ecuador may be 
imported into the continental United States in commercial consignments 
only.
    (b) Production site requirements. (1) Each production site must 
carry out the phytosanitary measures specified in the APHIS-approved 
operational workplan.
    (2) All places of production that participate in the export program 
must be approved by and registered with the NPPO of Ecuador. APHIS 
reserves the right to conduct oversight visits in the event of pest 
interceptions or other problems.
    (3) The NPPO of Ecuador or their designee must conduct a fruit fly 
trapping program for the detection of Anastrepha fraterculus at each 
production site in accordance with the operational workplan. If a 
designee conducts the program, the designation must be detailed in the 
operational workplan. The approved designee can be a contracted entity, 
a coalition of growers, or the growers themselves.
    (4) The NPPO of Ecuador must maintain records of trap placement, 
trap checks, and any captures of Anastrepha fraterculus. The trapping 
records must be maintained for APHIS' review for at least 1 year.
    (5) The NPPO of Ecuador must maintain a quality control program, 
approved by APHIS, to monitor or audit the trapping program in 
accordance with the operational workplan.
    (c) Packinghouse requirements. (1) Packinghouses must be registered 
with the NPPO of Ecuador and comply with the requirements as specified 
in the operational workplan.
    (2) While in use for exporting Andean blackberries and raspberries 
to the continental United States, the packinghouses may only accept 
fruit from registered production sites.
    (3) If a single Anastrepha fraterculus, Ceratitis capitata, or 
Copitarsia decolora is detected by the NPPO in a consignment, the 
consignment may not be exported to the United States. Furthermore, if a 
single Anastrepha fraterculus or Ceratitis capitata is detected in a 
consignment at the port of entry and traced back to a registered 
production site, that production site will lose its ability to export 
Andean blackberries and raspberries to the continental United States 
until APHIS and the NPPO of Ecuador mutually determine that risk 
mitigation is achieved.
    (d) Phytosanitary certificate. Each consignment of Andean 
blackberries and/or raspberries must be accompanied by a phytosanitary 
certificate issued by the NPPO of Ecuador and bear an additional 
declaration stating that the consignment was produced and prepared for 
export in accordance with the requirements of Sec.  319.56-73.

    Done in Washington, DC, this 20th day of April 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-09578 Filed 4-23-15; 8:45 am]
 BILLING CODE 3410-34-P
22927

Proposed Rules Federal Register
Vol. 80, No. 79

Friday, April 24, 2015

This section of the FEDERAL REGISTER • Postal Mail/Commercial Delivery: importation of fresh Andean blackberry
contains notices to the public of the proposed Send your comment to Docket No. and raspberry fruit into the continental
issuance of rules and regulations. The APHIS–2014–0085, Regulatory Analysis United States from Ecuador. Copies of
purpose of these notices is to give interested and Development, PPD, APHIS, Station the PRA may be obtained by contacting
persons an opportunity to participate in the 3A–03.8, 4700 River Road Unit 118, the individual listed under FOR FURTHER
rule making prior to the adoption of the final
Riverdale, MD 20737–1238. INFORMATION CONTACT or viewed on the
rules.
Supporting documents and any Regulations.gov Web site (see
comments we receive on this docket ADDRESSES above for instructions for
DEPARTMENT OF AGRICULTURE may be viewed at http:// accessing Regulations.gov).
www.regulations.gov/ The PRA identified three quarantine
Animal and Plant Health Inspection #!docketDetail;D=APHIS-2014-0085 or pests likely to follow the pathway of
Service in our reading room, which is located in fresh Andean blackberry and raspberry
room 1141 of the USDA South Building, fruit imported from Ecuador:
7 CFR Part 319 14th Street and Independence Avenue Anastrepha fraterculus (South
SW., Washington, DC. Normal reading American fruit fly), Ceratitis capitata
[Docket No. APHIS–2014–0085] (Mediterranean fruit fly), and Copitarsia
room hours are 8 a.m. to 4:30 p.m.,
RIN 0579–AE04 Monday through Friday, except decolora, a moth. All of these pests were
holidays. To be sure someone is there to rated in the PRA as posing a high pest
Importation of Fresh Andean help you, please call (202) 799–7039 risk potential.
Blackberry and Raspberry Fruit From before coming. APHIS has determined that measures
Ecuador Into the Continental United FOR FURTHER INFORMATION CONTACT: Ms. beyond standard port of arrival
States Claudia Ferguson, Senior Regulatory inspection are required to mitigate the
Policy Specialist, Regulatory risks posed by these plant pests.
AGENCY: Animal and Plant Health
Coordination and Compliance, Therefore, we are proposing to allow the
Inspection Service, USDA.
Regulations, Permits and Manuals, PPQ, importation of fresh Andean blackberry
ACTION: Proposed rule.
APHIS, 4700 River Road Unit 133, and raspberry fruit from Ecuador into
SUMMARY: We are proposing to amend Riverdale, MD 20737–1231; (301) 851– the continental United States produced
the fruits and vegetables regulations to 2352; Claudia.Ferguson@ under a systems approach.
allow the importation of fresh Andean aphis.usda.gov. APHIS has also prepared a risk
blackberry and raspberry fruit from management document for the
SUPPLEMENTARY INFORMATION: importation of fresh Andean blackberry
Ecuador into the continental United
States. As a condition of entry, the fruit Background and raspberry fruit from Ecuador that
would have to be produced in identifies a systems approach of specific
The regulations in ‘‘Subpart–Fruits mitigation measures against the
accordance with a systems approach and Vegetables’’ (7 CFR 319.56–1
that would include requirements for quarantine pests identified in the PRA
through 319.56–71, referred to below as and concludes that those measures,
importation in commercial the regulations) prohibit or restrict the
consignments, from a pest free along with the general requirements for
importation of fruits and vegetables into the importation of fruits and vegetables
production site within a certified low the United States from certain parts of
pest prevalence area for fruit flies, and in the regulations, will be sufficient to
the world to prevent the introduction prevent the introduction of the
pest monitoring and trapping. The fruit and dissemination of plant pests that are
would also have to be accompanied by identified pests into the continental
new to or not widely distributed within United States. Therefore, we are
a phytosanitary certificate issued by the the United States. The regulations
national plant protection organization of proposing to add the systems approach
currently do not authorize the requirement to the regulations in a new
Ecuador bearing an additional importation of fresh Andean blackberry
declaration stating that the consignment § 319.56–73. The proposed measures are
and raspberry fruit from Ecuador. The described below.
was produced and prepared for export national plant protection organization
in accordance with the requirements of (NPPO) of Ecuador has requested that General Requirements
the systems approach. This action the Animal and Plant Health Inspection Paragraph (a) of proposed § 319.56–73
would allow for the importation of fresh Service (APHIS) amend the regulations would set out general requirements for
Andean blackberry and raspberry fruit to allow Andean blackberry and the NPPO of Ecuador and for growers
from Ecuador while continuing to raspberry fruit to be imported from and packers producing fresh Andean
provide protection against the Ecuador into the continental United blackberry and raspberry fruit for export
introduction of quarantine pests into the States. to the continental United States.
continental United States. As part of our evaluation of Ecuador’s Paragraph (a)(1) of proposed § 319.56–
DATES: We will consider all comments
tkelley on DSK3SPTVN1PROD with PROPOSALS

request, we have prepared a pest risk 73 would require the NPPO of Ecuador
that we receive on or before June 23, assessment (PRA), titled ‘‘Importation of to provide an operational workplan to
2015. Fresh Fruit of Andean Blackberry APHIS that details the activities that the
ADDRESSES: You may submit comments (Rubus glaucus Benth) and Raspberry NPPO would, subject to APHIS’
by either of the following methods: (Rubus idaeus Linnaeus) into the approval of the workplan, carry out to
• Federal eRulemaking Portal: Go to Continental United States from meet the requirements of proposed
http://www.regulations.gov/ Ecuador’’ (June 2012). The PRA § 319.56–73. An operational workplan is
#!docketDetail;D=APHIS-2014-0085. evaluates the risks associated with the an agreement developed between

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22928 Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Proposed Rules

APHIS’ Plant Protection and Quarantine approach. However, there are a few safeguarding fruit as specified in the
program, officials of the NPPO of a recorded instances of Anastrepha operational workplan. If issues should
foreign government, and, when fraterculus infesting Andean arise, registration would allow for the
necessary, foreign commercial entities, blackberries in the field. Because of the traceback of a box of fruit to its place of
that specifies in detail the phytosanitary slightly stronger host status potential for production and packinghouse and
measures that will be carried out to Anastrepha fraterculus in blackberries would allow APHIS and the NPPO of
comply with our regulations governing and raspberries, we would include in Ecuador to determine what remedial
the importation of a specific the operational workplan a requirement actions are necessary.
commodity. Operational workplans for field trapping and bait spraying in Paragraph (c)(2) would require that
apply only to the signatory parties and order to maintain low pest prevalence while in use for exporting Andean
establish detailed procedures and for this pest. blackberries and raspberries to the
guidance for the day-to-day operations Paragraph (b)(2) of proposed § 319.56– continental United States, the
of specific import/export programs. 73 would require that all production packinghouses may only accept fruit
Operational workplans also establish sites participating in the Andean from registered production sites.
how specific phytosanitary issues are blackberry and raspberry fruit export Paragraph (c)(3) would state that if a
dealt with in the exporting country and program be registered with the NPPO of single Anastrepha fraterculus, Ceratitis
make clear who is responsible for Ecuador. Such registration would capitata, or Copitarsia decolora is
dealing with those issues. The facilitate traceback of a consignment of detected by the NPPO of Ecuador in a
implementation of a systems approach blackberry and raspberry fruit to the consignment, that consignment may not
typically requires an operational production site in the event that be exported to the continental United
workplan to be developed. quarantine pests were discovered in the States. Furthermore, if a single
Paragraph (a)(2) of proposed § 319.56– consignment at the port of first arrival Anastrepha fraterculus or Ceratitis
73 would state that APHIS will be into the United States. APHIS would capitata were detected in a consignment
directly involved with the NPPO of reserve the right to conduct oversight at the port of entry, the consignment
Ecuador in monitoring and auditing visits at the production site in the event would be traced back to the production
implementation of the systems of pest interceptions or other problems. site and would result in immediate
approach. Paragraph (b)(3) would require the cancellation of exports to the
Paragraph (a)(3) of proposed § 319.56– NPPO of Ecuador or their designee 1 to continental United States from that
73 would state that only commercial conduct a fruit fly trapping program for production site. The registered
consignments of fresh Andean the detection of Anastrepha fraterculus production site would lose its ability to
blackberry and raspberry fruit from at each production site. This program export Andean blackberries and
Ecuador would be allowed to be would support efforts for pest free raspberries to the continental United
imported into the continental United production sites within a certified low States until APHIS and the NPPO of
States. Commercial consignments are pest prevalence area for fruit flies. Ecuador mutually determine that risk
less likely to be infested with plant Details of the trapping program and mitigation is achieved.
pests than noncommercial designation, if applicable, would be
consignments. Noncommercial Phytosanitary Certificate
specified in the operational workplan.
consignments are more prone to Paragraph (b)(4) would require that The NPPO of Ecuador would be
infestations because the commodity is the NPPO of Ecuador maintain records responsible for export certification,
often ripe to overripe, may be of a of trap placement, trap checks, and any inspection, and issuance of
variety with unknown susceptibility to captures of Anastrepha fraterculus. The phytosanitary certificates. Paragraph (d)
pests, and is often grown with little or trapping records would have to be of proposed § 319.56–73 would require
no pest control. maintained and available for APHIS’ each consignment of Andean
review for at least 1 year. blackberries and/or raspberries to be
Production Site Requirements
Lastly, paragraph (b)(5) would require accompanied by a phytosanitary
Paragraph (b) of proposed § 319.56–73 that the NPPO of Ecuador also maintain certificate issued by the NPPO of
would require certain mitigation an APHIS-approved quality control Ecuador bearing an additional
measures to be taken under the systems program to monitor or audit the declaration stating that the consignment
approach at the registered production trapping program, the details of which was produced and prepared for export
sites. Paragraph (b)(1) would require the would be specified in the operational in accordance with the requirements of
production site to carry out any workplan. § 319.56–73.
phytosanitary measures specified in the
operational workplan. Examples of Packinghouse Requirements Executive Order 12866 and Regulatory
measures may include field monitoring, Paragraph (c) of proposed § 319.56–73 Flexibility Act
bait spraying, and trapping. would set forth requirements for This proposed rule has been reviewed
Both Andean blackberries and mitigation and inspection measures under Executive Order 12866. The
raspberries have been established in the specified under the operational proposed rule has been determined to
scientific literature as poor hosts of workplan that would have to take place be not significant for the purposes of
Anastrepha fraterculus and Ceratitis at registered packinghouses. Executive Order 12866 and, therefore,
capitata. Currently, APHIS does not Paragraph (c)(1) would require that has not been reviewed by the Office of
require mitigations for Ceratitis capitata packinghouses be registered with the Management and Budget.
tkelley on DSK3SPTVN1PROD with PROPOSALS

for raspberries imported from countries NPPO of Ecuador and comply with the In accordance with the Regulatory
with this pest, including Colombia, requirements for inspecting and Flexibility Act, we have analyzed the
Costa Rica, El Salvador, France, potential economic effects of this action
Guatemala, Honduras, Nicaragua, and 1 An approved designee is an entity with which on small entities. The analysis is
Panama. Therefore, mitigations for the NPPO creates a formal agreement that allows summarized below. Copies of the full
that entity to certify that the appropriate procedures
Ceratitis capitata other than requiring have been followed. The approved designee can be
analysis are available by contacting the
commercial production and inspections a contracted entity, a coalition of growers, or the person listed under FOR FURTHER
are not included in the systems growers themselves. INFORMATION CONTACT or on the

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22930 Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Proposed Rules

PART 319—FOREIGN QUARANTINE be maintained for APHIS’ review for at allow the importation of fresh peppers
NOTICES least 1 year. into the United States from Ecuador. As
(5) The NPPO of Ecuador must a condition of entry, the fruit would
■ 1. The authority citation for part 319 maintain a quality control program, have to be produced in accordance with
continues to read as follows: approved by APHIS, to monitor or audit a systems approach that would include
Authority: 7 U.S.C. 450, 7701–7772, and the trapping program in accordance requirements for fruit fly trapping, pre-
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR with the operational workplan. harvest inspections, production sites,
2.22, 2.80, and 371.3. (c) Packinghouse requirements. (1) and packinghouse procedures designed
■ 2. Section 319.56–73 is added to read Packinghouses must be registered with to exclude quarantine pests. The fruit
as follows: the NPPO of Ecuador and comply with would also be required to be imported
the requirements as specified in the in commercial consignments and
§ 319.56–73. Andean blackberries and operational workplan. accompanied by a phytosanitary
raspberries from Ecuador. (2) While in use for exporting Andean certificate issued by the national plant
Andean blackberries (Rubus glaucus blackberries and raspberries to the protection organization of Ecuador
Benth) and raspberries (Rubus idaeus continental United States, the stating that the consignment was
Linnaeus) may be imported into the packinghouses may only accept fruit produced and prepared for export in
continental United States from Ecuador from registered production sites. accordance with the requirements in the
under the conditions described in this (3) If a single Anastrepha fraterculus, systems approach. This action would
section and other applicable provisions Ceratitis capitata, or Copitarsia decolora allow for the importation of fresh
of this subpart. These conditions are is detected by the NPPO in a peppers from Ecuador while continuing
designed to prevent the introduction of consignment, the consignment may not to provide protection against the
the following quarantine pests: be exported to the United States. introduction of plant pests into the
Anastrepha fraterculus, Ceratitis Furthermore, if a single Anastrepha United States.
capitata, and Copitarsia decolora. fraterculus or Ceratitis capitata is DATES: We will consider all comments
(a) General requirements. (1) The detected in a consignment at the port of that we receive on or before June 23,
national plant protection organization entry and traced back to a registered 2015.
(NPPO) of Ecuador must provide an production site, that production site
will lose its ability to export Andean ADDRESSES: You may submit comments
operational workplan to APHIS that
blackberries and raspberries to the by either of the following methods:
details the systems approach to pest • Federal eRulemaking Portal: Go to
mitigations and other specific continental United States until APHIS
and the NPPO of Ecuador mutually http://www.regulations.gov/
requirements that the NPPO of Ecuador #!docketDetail;D=APHIS-2014-0086.
will, subject to APHIS’ approval of the determine that risk mitigation is
achieved. • Postal Mail/Commercial Delivery:
workplan, carry out to meet the Send your comment to Docket No.
requirements of this section. (d) Phytosanitary certificate. Each
consignment of Andean blackberries APHIS–2014–0086, Regulatory Analysis
(2) APHIS will be directly involved and Development, PPD, APHIS, Station
with the NPPO of Ecuador in and/or raspberries must be accompanied
by a phytosanitary certificate issued by 3A–03.8, 4700 River Road Unit 118,
monitoring and auditing Riverdale, MD 20737–1238.
implementation of the systems the NPPO of Ecuador and bear an
additional declaration stating that the Supporting documents and any
approach. comments we receive on this docket
(3) Andean blackberry and raspberry consignment was produced and
prepared for export in accordance with may be viewed at http://
fruit from Ecuador may be imported into www.regulations.gov/
the continental United States in the requirements of § 319.56–73.
#!docketDetail;D=APHIS-2014-0086 or
commercial consignments only. Done in Washington, DC, this 20th day of in our reading room, which is located in
(b) Production site requirements. (1) April 2015.
room 1141 of the USDA South Building,
Each production site must carry out the Kevin Shea,
14th Street and Independence Avenue
phytosanitary measures specified in the Administrator, Animal and Plant Health SW., Washington, DC. Normal reading
APHIS-approved operational workplan. Inspection Service.
(2) All places of production that room hours are 8 a.m. to 4:30 p.m.,
[FR Doc. 2015–09578 Filed 4–23–15; 8:45 am] Monday through Friday, except
participate in the export program must BILLING CODE 3410–34–P
be approved by and registered with the holidays. To be sure someone is there to
NPPO of Ecuador. APHIS reserves the help you, please call (202) 799–7039
right to conduct oversight visits in the before coming.
DEPARTMENT OF AGRICULTURE
event of pest interceptions or other FOR FURTHER INFORMATION CONTACT: Ms.
problems. Animal and Plant Health Inspection Claudia Ferguson, Senior Regulatory
(3) The NPPO of Ecuador or their Service Policy Specialist, Regulatory
designee must conduct a fruit fly Coordination and Compliance,
trapping program for the detection of 7 CFR Part 319 Regulations, Permits and Manuals, PPQ,
Anastrepha fraterculus at each APHIS, 4700 River Road Unit 133,
[Docket No. APHIS–2014–0086] Riverdale, MD 20737–1231; (301) 851–
production site in accordance with the
operational workplan. If a designee RIN 0579–AE07 2352; Claudia.Ferguson@
conducts the program, the designation aphis.usda.gov.
Importation of Fresh Peppers From
tkelley on DSK3SPTVN1PROD with PROPOSALS

must be detailed in the operational SUPPLEMENTARY INFORMATION:
workplan. The approved designee can Ecuador Into the United States
be a contracted entity, a coalition of Background
AGENCY: Animal and Plant Health
growers, or the growers themselves. Inspection Service, USDA. The regulations in ‘‘Subpart—Fruits
(4) The NPPO of Ecuador must ACTION: Proposed rule. and Vegetables’’ (7 CFR 319.56–1
maintain records of trap placement, trap through 319.56–71, referred to below as
checks, and any captures of Anastrepha SUMMARY: We are proposing to amend the regulations) prohibit or restrict the
fraterculus. The trapping records must the fruits and vegetables regulations to importation of fruits and vegetables into

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Document Created: 2015-12-16 08:42:46
Document Modified: 2015-12-16 08:42:46
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		We will consider all comments that we receive on or before June 23, 2015.
Contact		Ms. Claudia Ferguson, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, Regulations, Permits and Manuals, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-2352; [email protected]
FR Citation		80 FR 22927
RIN Number		0579-AE04
CFR Associated		Coffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables
80 FR 22927 - Importation of Fresh Andean Blackberry and Raspberry Fruit From Ecuador Into the Continental United States

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

Federal Register Volume 80, Issue 79 (April 24, 2015)

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
