80_FR_24922 80 FR 24838 - Importation of Citrus From Peru; Expansion of Citrus-Growing Area

80 FR 24838 - Importation of Citrus From Peru; Expansion of Citrus-Growing Area

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 80, Issue 84 (May 1, 2015)

Page Range24838-24840
FR Document2015-10199

We are proposing to amend the fruits and vegetable regulations to allow citrus fruit from the entire country of Peru into the continental United States. Currently, the regulations allow the importation of citrus fruit to the United States from five approved citrus-producing zones in Peru, subject to a systems approach. However, based on the findings of a pest list and commodity import evaluation document, we have determined that this systems approach also mitigates the plant pest risk associated with citrus fruit produced in all other areas of Peru. This action would allow the importation of citrus fruit from the entire country of Peru while continuing to provide protection against the introduction of plant pests into the continental United States.

Federal Register, Volume 80 Issue 84 (Friday, May 1, 2015)
[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Proposed Rules]
[Pages 24838-24840]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10199]


========================================================================
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. 84 / Friday, May 1, 2015 / Proposed 
Rules

[[Page 24838]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0005]
RIN 0579-AE09


Importation of Citrus From Peru; Expansion of Citrus-Growing Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the fruits and vegetable regulations 
to allow citrus fruit from the entire country of Peru into the 
continental United States. Currently, the regulations allow the 
importation of citrus fruit to the United States from five approved 
citrus-producing zones in Peru, subject to a systems approach. However, 
based on the findings of a pest list and commodity import evaluation 
document, we have determined that this systems approach also mitigates 
the plant pest risk associated with citrus fruit produced in all other 
areas of Peru. This action would allow the importation of citrus fruit 
from the entire country of Peru while continuing to provide protection 
against the introduction of plant pests into the continental United 
States.

DATES: We will consider all comments that we receive on or before June 
30, 2015.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0005.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2015-0005, 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-2015-
0005 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: Mr. Tony Rom[aacute]n, Senior 
Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road Unit 39, 
Riverdale, MD 20737-1231; (301) 851-2242.

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 within the United States.
    Under Sec.  319.56-41, grapefruit (Citrus paradisi), limes (C. 
aurantiifolia), mandarins or tangerines (C. reticulata), sweet oranges 
(C. sinensis), and tangelos (C. tangelo) may be imported into the 
United States from approved growing areas in Peru under a systems 
approach designed to mitigate the risk presented by four species of 
fruit flies (Anastrepha fracterculus, A. obliqua Macquart, A. 
serpentina, and Ceratitis capitata) and a Tortricid (Ecdytolopha 
aurantiana). The systems approach requires the following:
     The fruit must be accompanied by a permit issued in 
accordance with Sec.  319.56-3(b);
     The fruit may be imported in commercial consignments only;
     The fruit must be grown in an approved growing area (Zone 
I, Piura; Zone II, Lambayeque; Zone III, Lima; Zone IV, Ica; Zone V, 
Junin);
     The production site where the fruit is grown must be 
registered for export with the national plant protection organization 
(NPPO) of Peru, and the producer must have signed an agreement with the 
NPPO of Peru whereby the producer agrees to participate in and follow 
the fruit fly management program established by the NPPO of Peru;
     The NPPO of Peru's fruit fly management program must be 
approved by the Animal and Plant Health Inspection Service (APHIS), 
must require participating citrus producers to allow APHIS inspectors 
access to production areas in order to monitor compliance with the 
fruit fly management program, and must follow certain trapping, 
control, and recordkeeping requirements;
     The fruit, except limes, must be cold treated for fruit 
flies in accordance with 7 CFR part 305;
     Each consignment of fruit must be accompanied by a 
phytosanitary certificate issued by the NPPO of Peru stating that the 
fruit has been inspected and found free of E. aurantiana; and
     Citrus fruits imported from Peru are subject to inspection 
and sampling by an inspector at the port of first arrival into the 
United States in accordance with Sec.  319.56-3(d), and if a single 
living fruit fly in any stage of development or E. aurantiana is found, 
the consignment will be held until an investigation is completed and 
appropriate remedial actions have been implemented.
    The NPPO of Peru has requested that APHIS amend the regulations to 
allow citrus fruit from the entire country of Peru to be imported into 
the continental United States.
    As part of our evaluation of Peru's request, we prepared a pest 
list, titled ``Pest List for the Importation of Fresh Commercial Citrus 
Fruit: Grapefruit (Citrus x paradisi); Lime (C. aurantiifolia); 
Mandarin Orange, Tangerine, or Hybrids (C. reticulata); Sweet Orange 
(C. sinensis); and Tangelo (C. x tangelo) from Peru into the 
Continental United States'' (November 2012). The pest list examines the 
plant pest risks associated with the importation of citrus from the 
entire country of Peru into the continental United States. The pest 
list identified the same four fruit flies and one Tortricid identified 
in the 2003 pest risk assessment for the importation of citrus from the 
five zones in Peru as potentially following the pathway of citrus fruit 
from the entire country of Peru to the United States.
    Based on the pest list, we prepared a commodity import evaluation 
document (CIED), titled, ``Expansion of Areas Allowed to Export Fresh 
Commercial Citrus Fruit Including Grapefruit (Citrus x paradisi); Lime 
(C. aurantiifolia);

[[Page 24839]]

Mandarin Orange, Tangerine, or Hybrids (C. reticulata); Sweet Orange 
(C. sinensis); and Tangelo (C. x tangelo) from Peru into the 
Continental United States'' (November 2012), to assess the risks 
associated with the importation of citrus from the entire country of 
Peru and recommend mitigation measures to prevent the introduction and 
dissemination of plant pests and diseases of quarantine concern. The 
CIED recommends applying the systems approach in Sec.  319.56-41 to 
citrus fruit from the entire country of Peru.
    Based on the conclusions of the pest list and CIED, we are 
proposing to amend the regulations to allow the importation of citrus 
from the entire country of Peru into the continental United States 
under the systems approach in Sec.  319.56-41. Specifically, we are 
proposing to remove paragraph (c), which contains the list of approved 
growing areas that are allowed to export citrus to the United States, 
and redesignate the subsequent paragraphs.
    Currently, the regulations allow the importation of citrus from 
Peru into the United States, including Hawaii and the U.S. Territories. 
Between 2006 and 2012, Peru shipped small consignments to one U.S. 
Territory, Puerto Rico, but has never exported citrus fruit to Hawaii 
or the other U.S. territories. As a result, in preparing this rule, we 
asked the NPPO of Peru whether they intended to ship to markets in 
Hawaii and the U.S. Territories in the future. Peru indicated that they 
do not intend to do so, and that their request for market access could 
be limited to the continental United States. As a result, the pest list 
and CIED prepared for this proposed rule only evaluated the risk 
associated with the importation of citrus from Peru into the 
continental United States, which excludes Hawaii and the U.S. 
Territories. Therefore, we are proposing to amend the introductory text 
of the section to limit the importation of citrus from Peru to the 
continental 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).
    Currently, the regulations allow the importation of fresh 
grapefruit, lime, mandarin, orange, tangerine or hybrids, sweet orange, 
and tangelo from five approved citrus-producing zones in Peru to the 
United States. The proposed rule would allow the importation of these 
fruits from the entire country of Peru into the continental United 
States under the same conditions that are currently in place. The 
proposed rule is expected to increase the area in Peru approved to 
produce citrus for export to the United States to about 1,500 hectares 
over 3 years. Additional volumes of citrus expected to be shipped to 
the United States are 5,000 metric tons (MT) in the first year that the 
rule is in effect, 6,500 MT in the second year, and 8,000 MT in the 
third year. These quantities are equivalent to less than 1 percent of 
annual U.S. citrus production or U.S. citrus imports.
    The primary entities that may be affected by the rule are citrus 
producers, citrus importers, and support industries such as 
packinghouses. Based on data from the 2012 Census of Agriculture and 
Small Business Administration small-entity standards, the majority of 
these operations are small.
    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 citrus to be imported from 
Peru into the continental United States. If this proposed rule is 
adopted, State and local laws and regulations regarding fresh citrus 
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-
2015-0005. 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.
    APHIS is proposing to amend the fruits and vegetables regulations 
to allow the importation of fresh citrus into the continental United 
States from Peru. As a condition of entry, the fruit would have to be 
produced in accordance with a systems approach that would include 
requirements for fruit fly trapping and monitoring, production sites, 
recordkeeping, and inspections designed to exclude quarantine pests. 
The fruit would also be required to be imported in commercial 
consignments and accompanied by a phytosanitary certificate issued by 
the NPPO of Peru stating that the fruit has been inspected and found 
free of E. aurantiana. At the port of first arrival, an inspector will 
sample and cut citrus fruits from each consignment to detect pest 
infestation.
    Allowing the importation of fresh citrus into the continental 
United States from Peru will require information collection activities, 
including permit applications to import plants or plant products, 
registered production sites and agreements, fruit fly trapping and 
control, trapping records, and 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;
    (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

[[Page 24840]]

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 2.6 hours per response.
    Respondents: NPPO of Peru, producers/growers, and importers.
    Estimated annual number of respondents: 67.
    Estimated annual number of responses per respondent: 14.
    Estimated annual number of responses: 912.
    Estimated total annual burden on respondents: 2,334 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:

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.


Sec.  319.56-41  [Amended]

0
2. Section 319.56-41 is amended as follows:
0
a. In the introductory text, by adding the word ``continental'' between 
the words ``the'' and ``United States''.
0
b. By removing paragraph (c).
0
c. By redesignating paragraphs (d) through (h) as paragraphs (c) 
through (g), respectively.

    Done in Washington, DC, this 27th day of April 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-10199 Filed 4-30-15; 8:45 am]
BILLING CODE 3410-34-P



                                                    24838

                                                    Proposed Rules                                                                                                Federal Register
                                                                                                                                                                  Vol. 80, No. 84

                                                                                                                                                                  Friday, May 1, 2015



                                                    This section of the FEDERAL REGISTER                    may be viewed at http://www.                             • The NPPO of Peru’s fruit fly
                                                    contains notices to the public of the proposed          regulations.gov/#!docketDetail;D=                     management program must be approved
                                                    issuance of rules and regulations. The                  APHIS-2015-0005 or in our reading                     by the Animal and Plant Health
                                                    purpose of these notices is to give interested          room, which is located in room 1141 of                Inspection Service (APHIS), must
                                                    persons an opportunity to participate in the            the USDA South Building, 14th Street                  require participating citrus producers to
                                                    rule making prior to the adoption of the final
                                                    rules.
                                                                                                            and Independence Avenue SW.,                          allow APHIS inspectors access to
                                                                                                            Washington, DC. Normal reading room                   production areas in order to monitor
                                                                                                            hours are 8 a.m. to 4:30 p.m., Monday                 compliance with the fruit fly
                                                    DEPARTMENT OF AGRICULTURE                               through Friday, except holidays. To be                management program, and must follow
                                                                                                            sure someone is there to help you,                    certain trapping, control, and
                                                    Animal and Plant Health Inspection                      please call (202) 799–7039 before                     recordkeeping requirements;
                                                    Service                                                 coming.                                                  • The fruit, except limes, must be
                                                                                                            FOR FURTHER INFORMATION CONTACT: Mr.                  cold treated for fruit flies in accordance
                                                    7 CFR Part 319                                          Tony Román, Senior Regulatory Policy                 with 7 CFR part 305;
                                                                                                            Specialist, PPQ, APHIS, 4700 River                       • Each consignment of fruit must be
                                                    [Docket No. APHIS–2015–0005]
                                                                                                            Road Unit 39, Riverdale, MD 20737–                    accompanied by a phytosanitary
                                                    RIN 0579–AE09                                           1231; (301) 851–2242.                                 certificate issued by the NPPO of Peru
                                                                                                                                                                  stating that the fruit has been inspected
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    Importation of Citrus From Peru;                                                                              and found free of E. aurantiana; and
                                                    Expansion of Citrus-Growing Area                        Background                                               • Citrus fruits imported from Peru are
                                                                                                               The regulations in ‘‘Subpart—Fruits                subject to inspection and sampling by
                                                    AGENCY:  Animal and Plant Health
                                                                                                            and Vegetables’’ (7 CFR 319.56–1                      an inspector at the port of first arrival
                                                    Inspection Service, USDA.
                                                                                                            through 319.56–71, referred to below as               into the United States in accordance
                                                    ACTION: Proposed rule.                                                                                        with § 319.56–3(d), and if a single living
                                                                                                            the regulations) prohibit or restrict the
                                                    SUMMARY:    We are proposing to amend                   importation of fruits and vegetables into             fruit fly in any stage of development or
                                                    the fruits and vegetable regulations to                 the United States from certain parts of               E. aurantiana is found, the consignment
                                                    allow citrus fruit from the entire country              the world to prevent the introduction                 will be held until an investigation is
                                                    of Peru into the continental United                     and dissemination of plant pests within               completed and appropriate remedial
                                                    States. Currently, the regulations allow                the United States.                                    actions have been implemented.
                                                    the importation of citrus fruit to the                     Under § 319.56–41, grapefruit (Citrus                 The NPPO of Peru has requested that
                                                    United States from five approved citrus-                paradisi), limes (C. aurantiifolia),                  APHIS amend the regulations to allow
                                                    producing zones in Peru, subject to a                   mandarins or tangerines (C. reticulata),              citrus fruit from the entire country of
                                                    systems approach. However, based on                     sweet oranges (C. sinensis), and tangelos             Peru to be imported into the continental
                                                    the findings of a pest list and                         (C. tangelo) may be imported into the                 United States.
                                                    commodity import evaluation                             United States from approved growing                      As part of our evaluation of Peru’s
                                                    document, we have determined that this                  areas in Peru under a systems approach                request, we prepared a pest list, titled
                                                    systems approach also mitigates the                     designed to mitigate the risk presented               ‘‘Pest List for the Importation of Fresh
                                                    plant pest risk associated with citrus                  by four species of fruit flies (Anastrepha            Commercial Citrus Fruit: Grapefruit
                                                    fruit produced in all other areas of Peru.              fracterculus, A. obliqua Macquart, A.                 (Citrus x paradisi); Lime (C.
                                                    This action would allow the importation                 serpentina, and Ceratitis capitata) and a             aurantiifolia); Mandarin Orange,
                                                    of citrus fruit from the entire country of              Tortricid (Ecdytolopha aurantiana). The               Tangerine, or Hybrids (C. reticulata);
                                                    Peru while continuing to provide                        systems approach requires the                         Sweet Orange (C. sinensis); and Tangelo
                                                    protection against the introduction of                  following:                                            (C. x tangelo) from Peru into the
                                                    plant pests into the continental United                    • The fruit must be accompanied by                 Continental United States’’ (November
                                                    States.                                                 a permit issued in accordance with                    2012). The pest list examines the plant
                                                                                                            § 319.56–3(b);                                        pest risks associated with the
                                                    DATES: We will consider all comments
                                                                                                               • The fruit may be imported in                     importation of citrus from the entire
                                                    that we receive on or before June 30,                                                                         country of Peru into the continental
                                                                                                            commercial consignments only;
                                                    2015.
                                                                                                               • The fruit must be grown in an                    United States. The pest list identified
                                                    ADDRESSES:   You may submit comments                    approved growing area (Zone I, Piura;                 the same four fruit flies and one
                                                    by either of the following methods:                     Zone II, Lambayeque; Zone III, Lima;                  Tortricid identified in the 2003 pest risk
                                                      • Federal eRulemaking Portal: Go to                   Zone IV, Ica; Zone V, Junin);                         assessment for the importation of citrus
                                                    http://www.regulations.gov/#!docket                        • The production site where the fruit              from the five zones in Peru as
                                                    Detail;D=APHIS-2015-0005.                               is grown must be registered for export                potentially following the pathway of
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                      • Postal Mail/Commercial Delivery:                    with the national plant protection                    citrus fruit from the entire country of
                                                    Send your comment to Docket No.                         organization (NPPO) of Peru, and the                  Peru to the United States.
                                                    APHIS–2015–0005, Regulatory Analysis                    producer must have signed an                             Based on the pest list, we prepared a
                                                    and Development, PPD, APHIS, Station                    agreement with the NPPO of Peru                       commodity import evaluation document
                                                    3A–03.8, 4700 River Road Unit 118,                      whereby the producer agrees to                        (CIED), titled, ‘‘Expansion of Areas
                                                    Riverdale, MD 20737–1238.                               participate in and follow the fruit fly               Allowed to Export Fresh Commercial
                                                      Supporting documents and any                          management program established by the                 Citrus Fruit Including Grapefruit (Citrus
                                                    comments we receive on this docket                      NPPO of Peru;                                         x paradisi); Lime (C. aurantiifolia);


                                               VerDate Sep<11>2014   16:34 Apr 30, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\01MYP1.SGM   01MYP1


                                                                                Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Proposed Rules                                          24839

                                                    Mandarin Orange, Tangerine, or Hybrids                  ADDRESSES above for instructions for                  the Office of Management and Budget
                                                    (C. reticulata); Sweet Orange (C.                       accessing Regulations.gov).                           (OMB). Please send written comments
                                                    sinensis); and Tangelo (C. x tangelo)                      Currently, the regulations allow the               to the Office of Information and
                                                    from Peru into the Continental United                   importation of fresh grapefruit, lime,                Regulatory Affairs, OMB, Attention:
                                                    States’’ (November 2012), to assess the                 mandarin, orange, tangerine or hybrids,               Desk Officer for APHIS, Washington, DC
                                                    risks associated with the importation of                sweet orange, and tangelo from five                   20503. Please state that your comments
                                                    citrus from the entire country of Peru                  approved citrus-producing zones in                    refer to Docket No. APHIS–2015–0005.
                                                    and recommend mitigation measures to                    Peru to the United States. The proposed               Please send a copy of your comments to:
                                                    prevent the introduction and                            rule would allow the importation of                   (1) APHIS, using one of the methods
                                                    dissemination of plant pests and                        these fruits from the entire country of               described under ADDRESSES at the
                                                    diseases of quarantine concern. The                     Peru into the continental United States               beginning of this document, and (2)
                                                    CIED recommends applying the systems                    under the same conditions that are                    Clearance Officer, OCIO, USDA, room
                                                    approach in § 319.56–41 to citrus fruit                 currently in place. The proposed rule is              404–W, 14th Street and Independence
                                                    from the entire country of Peru.                        expected to increase the area in Peru                 Avenue SW., Washington, DC 20250. A
                                                       Based on the conclusions of the pest                 approved to produce citrus for export to              comment to OMB is best assured of
                                                    list and CIED, we are proposing to                      the United States to about 1,500                      having its full effect if OMB receives it
                                                    amend the regulations to allow the                      hectares over 3 years. Additional                     within 30 days of publication of this
                                                    importation of citrus from the entire                   volumes of citrus expected to be                      proposed rule.
                                                    country of Peru into the continental                    shipped to the United States are 5,000                   APHIS is proposing to amend the
                                                    United States under the systems                         metric tons (MT) in the first year that               fruits and vegetables regulations to
                                                    approach in § 319.56–41. Specifically,                  the rule is in effect, 6,500 MT in the                allow the importation of fresh citrus
                                                    we are proposing to remove paragraph                    second year, and 8,000 MT in the third                into the continental United States from
                                                    (c), which contains the list of approved                year. These quantities are equivalent to              Peru. As a condition of entry, the fruit
                                                    growing areas that are allowed to export                less than 1 percent of annual U.S. citrus             would have to be produced in
                                                    citrus to the United States, and                        production or U.S. citrus imports.                    accordance with a systems approach
                                                    redesignate the subsequent paragraphs.                     The primary entities that may be                   that would include requirements for
                                                       Currently, the regulations allow the                 affected by the rule are citrus producers,            fruit fly trapping and monitoring,
                                                    importation of citrus from Peru into the                citrus importers, and support industries              production sites, recordkeeping, and
                                                    United States, including Hawaii and the                 such as packinghouses. Based on data                  inspections designed to exclude
                                                    U.S. Territories. Between 2006 and                      from the 2012 Census of Agriculture and               quarantine pests. The fruit would also
                                                    2012, Peru shipped small consignments                   Small Business Administration small-                  be required to be imported in
                                                    to one U.S. Territory, Puerto Rico, but                 entity standards, the majority of these               commercial consignments and
                                                    has never exported citrus fruit to Hawaii               operations are small.                                 accompanied by a phytosanitary
                                                    or the other U.S. territories. As a result,                Under these circumstances, the                     certificate issued by the NPPO of Peru
                                                    in preparing this rule, we asked the                    Administrator of the Animal and Plant                 stating that the fruit has been inspected
                                                    NPPO of Peru whether they intended to                   Health Inspection Service has                         and found free of E. aurantiana. At the
                                                    ship to markets in Hawaii and the U.S.                  determined that this action would not                 port of first arrival, an inspector will
                                                    Territories in the future. Peru indicated               have a significant economic impact on                 sample and cut citrus fruits from each
                                                    that they do not intend to do so, and                   a substantial number of small entities.               consignment to detect pest infestation.
                                                    that their request for market access                                                                             Allowing the importation of fresh
                                                    could be limited to the continental                     Executive Order 12988
                                                                                                                                                                  citrus into the continental United States
                                                    United States. As a result, the pest list                  This proposed rule would allow fresh               from Peru will require information
                                                    and CIED prepared for this proposed                     citrus to be imported from Peru into the              collection activities, including permit
                                                    rule only evaluated the risk associated                 continental United States. If this                    applications to import plants or plant
                                                    with the importation of citrus from Peru                proposed rule is adopted, State and                   products, registered production sites
                                                    into the continental United States,                     local laws and regulations regarding                  and agreements, fruit fly trapping and
                                                    which excludes Hawaii and the U.S.                      fresh citrus imported under this rule                 control, trapping records, and
                                                    Territories. Therefore, we are proposing                would be preempted while the fruit is                 phytosanitary certificates.
                                                    to amend the introductory text of the                   in foreign commerce. Fresh fruits are                    We are soliciting comments from the
                                                    section to limit the importation of citrus              generally imported for immediate                      public (as well as affected agencies)
                                                    from Peru to the continental United                     distribution and sale to the consuming                concerning our proposed information
                                                    States.                                                 public and would remain in foreign                    collection and recordkeeping
                                                                                                            commerce until sold to the ultimate                   requirements. These comments will
                                                    Executive Order 12866 and Regulatory                    consumer. The question of when foreign
                                                    Flexibility Act                                                                                               help us:
                                                                                                            commerce ceases in other cases must be                   (1) Evaluate whether the proposed
                                                      This proposed rule has been                           addressed on a case-by-case basis. If this            information collection is necessary for
                                                    determined to be not significant for the                proposed rule is adopted, no retroactive              the proper performance of our agency’s
                                                    purposes of Executive Order 12866 and,                  effect will be given to this rule, and this           functions, including whether the
                                                    therefore, has not been reviewed by the                 rule will not require administrative                  information will have practical utility;
                                                    Office of Management and Budget.                        proceedings before parties may file suit                 (2) Evaluate the accuracy of our
                                                      In accordance with the Regulatory
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                                                                                                            in court challenging this rule.                       estimate of the burden of the proposed
                                                    Flexibility Act, we have analyzed the                                                                         information collection, including the
                                                    potential economic effects of this action               Paperwork Reduction Act
                                                                                                                                                                  validity of the methodology and
                                                    on small entities. The analysis is                        In accordance with section 3507(d) of               assumptions used;
                                                    summarized below. Copies of the full                    the Paperwork Reduction Act of 1995                      (3) Enhance the quality, utility, and
                                                    analysis are available by contacting the                (44 U.S.C. 3501 et seq.), the information             clarity of the information to be
                                                    person listed under FOR FURTHER                         collection or recordkeeping                           collected; and
                                                    INFORMATION CONTACT or on the                           requirements included in this proposed                   (4) Minimize the burden of the
                                                    Regulations.gov Web site (see                           rule have been submitted for approval to              information collection on those who are


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                                                    24840                       Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Proposed Rules

                                                    to respond (such as through the use of                  ■ b. By removing paragraph (c).                       Monday through Friday, except
                                                    appropriate automated, electronic,                      ■ c. By redesignating paragraphs (d)                  holidays. To be sure someone is there to
                                                    mechanical, or other technological                      through (h) as paragraphs (c) through                 help you, please call (202) 799–7039
                                                    collection techniques or other forms of                 (g), respectively.                                    before coming.
                                                    information technology; e.g., permitting                  Done in Washington, DC, this 27th day of            FOR FURTHER INFORMATION CONTACT: Dr.
                                                    electronic submission of responses).                    April 2015.                                           Carol Clarke, Research Program
                                                       Estimate of burden: Public reporting                 Kevin Shea,                                           Manager, USDA, APHIS, Animal Care,
                                                    burden for this collection of information               Administrator, Animal and Plant Health                4700 River Road Unit 84, Riverdale, MD
                                                    is estimated to average 2.6 hours per                   Inspection Service.                                   20737–1234; (301) 851–3751.
                                                    response.                                               [FR Doc. 2015–10199 Filed 4–30–15; 8:45 am]           SUPPLEMENTARY INFORMATION: The
                                                       Respondents: NPPO of Peru,                                                                                 Animal Welfare Act (AWA, 7 U.S.C.
                                                                                                            BILLING CODE 3410–34–P
                                                    producers/growers, and importers.                                                                             2131 et seq.), among other things,
                                                       Estimated annual number of                                                                                 authorizes the Secretary of Agriculture
                                                    respondents: 67.                                        DEPARTMENT OF AGRICULTURE                             (Secretary) to promulgate standards and
                                                       Estimated annual number of                                                                                 other requirements governing research
                                                    responses per respondent: 14.                           Animal and Plant Health Inspection                    facilities. The Secretary has delegated
                                                       Estimated annual number of                           Service                                               the responsibility for enforcing the
                                                    responses: 912.                                                                                               AWA to the Administrator of the
                                                       Estimated total annual burden on                     9 CFR Part 3                                          Animal and Plant Health Inspection
                                                    respondents: 2,334 hours. (Due to                                                                             Service (APHIS). Within APHIS, the
                                                                                                            [Docket No. APHIS–2014–0098]
                                                    averaging, the total annual burden hours                                                                      responsibility for administering the
                                                    may not equal the product of the annual                 Petition To Develop Specific                          AWA has been delegated to the Deputy
                                                    number of responses multiplied by the                   Ethologically Appropriate Standards                   Administrator for Animal Care.
                                                    reporting burden per response.)                         for Nonhuman Primates in Research                        Regulations and standards
                                                       Copies of this information collection                                                                      promulgated under the AWA are
                                                    can be obtained from Ms. Kimberly                       AGENCY:  Animal and Plant Health                      contained in Title 9 of the Code of
                                                    Hardy, APHIS’ Information Collection                    Inspection Service, USDA.                             Federal Regulations, parts 1, 2, and 3
                                                    Coordinator, at (301) 851–2727.                         ACTION: Notice of petition.                           (referred to collectively below as the
                                                    E-Government Act Compliance                                                                                   AWA regulations). Part 3 of the AWA
                                                                                                            SUMMARY:    We are notifying the public
                                                                                                                                                                  regulations contains specific standards
                                                       The Animal and Plant Health                          that the Animal and Plant Health
                                                                                                                                                                  regarding the humane handling, care,
                                                    Inspection Service is committed to                      Inspection Service has received a
                                                                                                                                                                  treatment, and transportation of species
                                                    compliance with the E-Government Act                    petition requesting that we amend the
                                                                                                                                                                  of animals covered under the AWA.
                                                    to promote the use of the Internet and                  Animal Welfare Act regulations to
                                                                                                                                                                     Within part 3 of the AWA regulations,
                                                    other information technologies, to                      specify ethologically appropriate
                                                                                                                                                                  subpart D (§§ 3.75–3.92) contains
                                                    provide increased opportunities for                     standards that researchers must adhere
                                                                                                                                                                  standards for the humane handling,
                                                    citizen access to Government                            to in order to promote the psychological
                                                                                                                                                                  care, treatment, and transportation of
                                                    information and services, and for other                 well-being of nonhuman primates used
                                                                                                                                                                  nonhuman primates.
                                                    purposes. For information pertinent to                  in research. We are making this petition                 Section 3.81 of the AWA regulations
                                                    E-Government Act compliance related                     available to the public and soliciting                requires research facilities that house
                                                    to this proposed rule, please contact Ms.               comments regarding the petition and                   nonhuman primates to develop,
                                                    Kimberly Hardy, APHIS’ Information                      any issues raised by the petition that we             document, and follow an appropriate
                                                    Collection Coordinator, at (301) 851–                   should take into account as we consider               plan for environmental enhancement
                                                    2727.                                                   this petition.                                        adequate to promote the psychological
                                                                                                            DATES: We will consider all comments                  well-being of nonhuman primates. The
                                                    List of Subjects in 7 CFR Part 319
                                                                                                            that we receive on or before June 30,                 section further specifies that the plan
                                                      Coffee, Cotton, Fruits, Imports, Logs,                2015.                                                 must be in accordance with currently
                                                    Nursery stock, Plant diseases and pests,
                                                                                                            ADDRESSES:   You may submit comments                  accepted professional standards as cited
                                                    Quarantine, Reporting and
                                                                                                            by either of the following methods:                   in appropriate professional journals or
                                                    recordkeeping requirements, Rice,
                                                    Vegetables.                                               • Federal eRulemaking Portal: Go to                 reference guides, and as directed by the
                                                                                                            http://www.regulations.gov/#!docket                   attending veterinarian for the facility.
                                                      Accordingly, we propose to amend 7
                                                                                                            Detail;D=APHIS-2014-0098.                             The plan must be available to APHIS
                                                    CFR part 319 as follows:
                                                                                                              • Postal Mail/Commercial Delivery:                  upon request, and in the case of
                                                    PART 319—FOREIGN QUARANTINE                             Send your comment to Docket No.                       research facilities, it must also be
                                                    NOTICES                                                 APHIS–2014–0098, Regulatory Analysis                  available to the funding agency. The
                                                                                                            and Development, PPD, APHIS, Station                  plan must address at a minimum: Social
                                                    ■ 1. The authority citation for part 319                3A–03.8, 4700 River Road Unit 118,                    grouping, environmental enrichment,
                                                    continues to read as follows:                           Riverdale, MD 20737–1238.                             special considerations, and use of
                                                      Authority: 7 U.S.C. 450, 7701–7772 and
                                                                                                              Supporting documents and any                        restraint devices. Exemptions to the
                                                                                                            comments we receive on this docket                    plan can be made by the attending
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                                                    7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
                                                    2.22, 2.80, and 371.3.                                  may be viewed at http://                              veterinarian for the facility because of a
                                                                                                            www.regulations.gov/                                  particular animal’s health or condition,
                                                    § 319.56–41      [Amended]                              #!docketDetail;D=APHIS-2014-0098 or                   or in consideration of that animal’s
                                                    ■ 2. Section 319.56–41 is amended as                    in our reading room, which is located in              well-being. Additionally, the
                                                    follows:                                                room 1141 of the USDA South Building,                 Institutional Animal Care and Use
                                                    ■ a. In the introductory text, by adding                14th Street and Independence Avenue                   Committee (IACUC), a committee
                                                    the word ‘‘continental’’ between the                    SW., Washington, DC. Normal reading                   entrusted with ensuring the research
                                                    words ‘‘the’’ and ‘‘United States’’.                    room hours are 8 a.m. to 4:30 p.m.,                   facility’s compliance with the AWA


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Document Created: 2018-02-21 10:20:31
Document Modified: 2018-02-21 10:20:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWe will consider all comments that we receive on or before June 30, 2015.
ContactMr. Tony Rom[aacute]n, Senior Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231; (301) 851-2242.
FR Citation80 FR 24838 
RIN Number0579-AE09
CFR AssociatedCoffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables

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