81 FR 19060 - Importation of Fresh Cherimoya Fruit From Chile Into the United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 81, Issue 64 (April 4, 2016)

Page Range		19060-19063
FR Document		2016-07653

We are proposing to amend the regulations to allow the importation of fresh cherimoya fruit from Chile into the continental United States, provided that fruit is produced in accordance with a systems approach, as an alternative to the currently required treatment. Commercial consignments of fresh cherimoya fruit are currently authorized entry into all ports of the United States from Chile subject to a mandatory soapy water and wax treatment. The proposed systems approach would include requirements for production site registration, low pest prevalence area certification, post-harvest processing, and fruit cutting and inspection at the packinghouse. The fruit would also be required to be imported in commercial consignments and accompanied by a phytosanitary certificate issued by the national plant protection organization of Chile with an additional declaration stating that the consignment was produced in accordance with the regulations. Fresh cherimoya fruit that does not meet the conditions of the systems approach would continue to be allowed to be imported into the United States subject to treatment. This action would allow for the importation of fresh cherimoya fruit from Chile while continuing to provide protection against the introduction of plant pests into the continental United States.

Federal Register, Volume 81 Issue 64 (Monday, April 4, 2016)

[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Proposed Rules]
[Pages 19060-19063]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-07653]

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Proposed Rules
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Proposed
Rules

[[Page 19060]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0015]
RIN 0579-AE13

Importation of Fresh Cherimoya Fruit From Chile Into the United
States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations to allow the
importation of fresh cherimoya fruit from Chile into the continental
United States, provided that fruit is produced in accordance with a
systems approach, as an alternative to the currently required
treatment. Commercial consignments of fresh cherimoya fruit are
currently authorized entry into all ports of the United States from
Chile subject to a mandatory soapy water and wax treatment. The
proposed systems approach would include requirements for production
site registration, low pest prevalence area certification, post-harvest
processing, and fruit cutting and inspection at the packinghouse. The
fruit would also be required to be imported in commercial consignments
and accompanied by a phytosanitary certificate issued by the national
plant protection organization of Chile with an additional declaration
stating that the consignment was produced in accordance with the
regulations. Fresh cherimoya fruit that does not meet the conditions of
the systems approach would continue to be allowed to be imported into
the United States subject to treatment. This action would allow for the
importation of fresh cherimoya fruit from Chile 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
3, 2016.

ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0015.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2015-0015, 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-
0015 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,
Imports, Regulations, and Manuals, PPQ, APHIS, 4700 River Road Unit
133, Riverdale, MD 20737-1231; (301) 851-2352.

SUPPLEMENTARY INFORMATION:

Background

Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-74, referred to below as the regulations or the
fruits and vegetables regulations), the Animal and Plant Health
Inspection Service (APHIS) of the United States Department of
Agriculture (USDA) prohibits or restricts the importation of fruits and
vegetables into the United States from certain parts of the world to
prevent plant pests from being introduced into and spread within the
United States.
Pursuant to 7 CFR 319.56-4(a), fresh cherimoya (Annona cherimola)
fruit from Chile may be imported into the United States provided the
shipment has undergone a soapy water and wax treatment in accordance
with the Plant Protection and Quarantine (PPQ) Treatment Manual to
mitigate against infestation by the false red mite (Brevipalpus
chilensis), and is accompanied by a permit and subjected to inspection
and shipping procedures.
The national plant protection organization (NPPO) of Chile has
requested that APHIS amend the regulations in order to allow fresh
cherimoya fruit that has been produced in accordance with an approved
systems approach to be imported into the continental United States as
an alternative option to the currently approved treatment.
As part of our evaluation of Chile's request, we prepared a pest
risk assessment (PRA), ``Importation of Fresh Cherimoya (Annona
cherimola Mill.) Fruit from Chile into the Continental United States, A
Qualitative, Pathway-Initiated Pest Risk Assessment'' (May 2013), which
evaluated the risk of permitting the importation of fresh cherimoya
fruit from Chile into the continental United States.
The PRA identifies the false red mite as the one quarantine pest
that could be introduced into the United States in consignments of
fresh cherimoya fruit from Chile. A quarantine pest is defined in Sec.
319.56-2 as ``a pest of potential economic importance to the area
endangered thereby and not yet present there, or present but not widely
distributed and being officially controlled.'' In the PRA, the
likelihood and consequences of introducing this pest to the United
States are considered, and the false red mite is rated as having a
medium pest risk potential. Pests receiving a rating within the medium
range may necessitate specific phytosanitary measures in addition to
standard port-of-entry inspection of the commodity being imported into
the continental United States.
We also prepared a commodity import evaluation document (CIED) to
determine what phytosanitary measures should be applied to mitigate the
pest risk associated with the importation of fresh cherimoya fruit from
Chile into the continental United States. Copies of the PRA and CIED
may be obtained from the person listed under FOR FURTHER INFORMATION
CONTACT or viewed on the Regulations.gov Web site (see ADDRESSES above
for a link to Regulations.gov and information on the location and hours
of the reading room).
In the CIED, entitled, ``Importation of Fresh Cherimoya (Annona
cherimola Mill.) Fruit from Chile into the Continental United States
using a

[[Page 19061]]

systems approach,'' (December 2014), we determined that phytosanitary
measures could be applied as a systems approach to mitigate the risks
of introducing or disseminating the false red mite into the continental
United States. Therefore, we are proposing to allow the importation of
fresh cherimoya fruit from Chile into the continental United States if
it is produced under a systems approach, which is described below.
Alternatively, fresh cherimoya fruit that do not meet the conditions of
the systems approach would still be allowed to be imported into the
United States if the fruit is treated in Chile in accordance with the
current requirements of the PPQ Treatment Manual. The fruit would also
have to be imported in commercial consignments only and accompanied by
documentation to validate foreign site preclearance inspection after
the required treatment is completed.
Based on the findings of the CIED and the PRA, we are proposing to
add the systems approach to the regulations in a new Sec. 319.56-75.

Commercial Consignments

Only commercial consignments of fresh cherimoya fruit from Chile
would be allowed to be imported into the continental United States.
Produce grown commercially is less likely to be infested with plant
pests than noncommercial consignments. Noncommercial consignments are
more prone to infestations because the commodity is often ripe to
overripe, could be of a variety with unknown susceptibility to pests,
and is often grown with little or no pest control. Commercial
consignments, as defined in Sec. 319.56-2, are consignments that an
inspector identifies as having been imported for sale and distribution.
Such identification is based on a variety of indicators, including, but
not limited to: Quantity of produce, type of packing, identification of
grower or packinghouse on the packaging, and documents consigning the
fruits or vegetables to a wholesaler or retailer.

Production Site Registration

Under this proposed rule, the production site where the fruit is
grown would be required to be registered with the NPPO of Chile. The
official registration number of the production site would be marked on
all field cartons and containers of harvested fresh cherimoya fruit.
Production sites would be required to renew their registration
annually.
Registration of production sites with the NPPO of Chile and marking
of field cartons or containers with the registration numbers would
allow traceback to the production site if pest problems were found on
fruit shipped to the United States. Problem production sites could then
be suspended until further mitigation measures were taken to address
the pest populations.

Low-Prevalence Production Site Certification

Between 1 and 30 days prior to harvest, random samples of leaves
would have to be collected from each registered production site under
the direction of the NPPO of Chile. These samples would have to undergo
a pest detection and evaluation method as follows: The leaves would
have to be washed using a flushing method, placed in a 20-mesh sieve on
top of a 200-mesh sieve, sprinkled with a liquid soap and water
solution, washed with water at high pressure, and washed with water at
low pressure. The process would then be repeated. The contents of the
200-mesh sieve would then be placed on a petri dish and analyzed for
the presence of live false red mites. If a single live false red mite
were found, the production site would not qualify for certification as
a low-prevalence production site and would only be eligible to export
fruit to the continental United States if the fruit is subsequently
treated with an APHIS-approved quarantine treatment in Chile. Each
production site would have only one opportunity per season to qualify
as a low-prevalence production site, and certification of low
prevalence would be valid for one harvest season only. The NPPO of
Chile would be required to present a list of certified production sites
to APHIS.
Production site low-prevalence certification would identify problem
production sites and prevent the shipment of fruit with false red mites
from such sites. This mite sampling method has been tested in Chile and
found to be successful in identifying grape, citrus, baby kiwi, and
pomegranate production areas with high and low populations of mites.

Post-Harvest Processing

After harvest, all damaged or diseased fruits would have to be
culled at the packinghouse, and the remaining fruit would have to be
packed into new, clean boxes, crates, or other APHIS-approved packing
containers.
Post-harvest processing procedures, such as culling damaged fruit
and sampling for mites, would remove fruit that could contain pests
from consignments being shipped to the United States. Culling is a
standard procedure to remove fruit that may contain pests or otherwise
be of poor quality.

Phytosanitary Inspection

The fruit would have to be inspected in Chile at an APHIS-approved
inspection site under the direction of APHIS inspectors in coordination
with the NPPO of Chile following any post-harvest processing. In order
to be eligible for shipment to the continental United States, the fruit
in the consignment would have to pass inspection by meeting the
following requirements:
Fruit presented for inspection would have to be identified
in the shipping documents accompanying each lot of fruit to specify the
production site(s) where the fruit was produced and the packing shed(s)
where the fruit was processed. This identification would have to be
maintained until the fruit is released for entry into the United
States.
A biometric sample would have to be drawn from each
consignment and examined for false red mite. If a single live false red
mite were found during the inspection process, the certified low-
prevalence production site where the fruit was grown would lose its
certification for the remainder of the harvest season. Rejected
consignments of fruit would still be eligible for export to all ports
of the United States only after application of an APHIS-approved
quarantine treatment in Chile as long as the fruit is imported in
commercial consignments only and accompanied by documentation to
validate foreign site preclearance inspection after the required
treatment is completed.
The proposed requirements for the identification in shipping
documents of the fresh cherimoya fruit to their production sites and
packing sheds would aid in traceback if pests were discovered. The
proposed requirements for visual inspection and biometric sampling of
the fruit would provide additional layers of protection against the
possibility of fresh cherimoya fruit infested with quarantine pests
being shipped from Chile to the United States. These methods have
proved effective when employed to inspect consignments of citrus, baby
kiwi, and pomegranates from Chile.

Phytosanitary Certificate

Each consignment of fruit would have to be accompanied by a
phytosanitary certificate issued by the NPPO of Chile that contains an
additional declaration stating that the fruit in the consignment was
inspected and found free of false red mite based on field and
packinghouse inspections and was

[[Page 19062]]

grown, packed, and shipped in accordance with the requirements of the
regulations.
Requiring a phytosanitary certificate would ensure that the NPPO of
Chile has inspected the fruit and certified that the fruit meets the
conditions in the section for export to the United States.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866 and, therefore, has not been
reviewed by the Office of Management and Budget.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities. The
analysis is summarized below. Copies of the full analysis are available
by contacting the person listed under FOR FURTHER INFORMATION CONTACT
or on the Regulations.gov Web site (see ADDRESSES above for
instructions for accessing Regulations.gov).
APHIS is proposing to allow the importation of fresh cherimoya
fruit from Chile into the continental United States under a systems
approach, in response to a January 2013 request from Chile's NPPO. This
proposed rule provides the public with the opportunity to comment on
APHIS' PRA and CIED that are the basis for this action. Currently,
commercial consignments of fresh cherimoya are allowed into all of the
United States subject to mandatory soapy water and wax treatment for
Brevipalpus chilensis.
Over 80 percent of Chile's cherimoya exports are to the United
States. APHIS welcomes information regarding cherimoya production
within the United States. Regardless of the number of U.S. producers or
their size, any impact of this proposed rule would be minor because the
volume of cherimoya imported from Chile is not expected to change
significantly.
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 cherimoya fruit to be imported
into the continental United States from Chile under a systems approach.
If this proposed rule is adopted, State and local laws and regulations
regarding fresh cherimoya 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-
2015-0015. 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.
We are proposing to amend the regulations to allow the importation
of fresh cherimoya fruit from Chile into the continental United States,
provided that fruit is produced in accordance with a systems approach,
as an alternative to the currently required treatment. Commercial
consignments of fresh cherimoya fruit are currently authorized entry
into all ports of the United States from Chile subject to a mandatory
soapy water and wax treatment.
The proposed systems approach would include requirements for
production site registration, low pest prevalence area certification,
post-harvest processing, and fruit cutting and inspection at the
packinghouse. The fruit would also be required to be imported in
commercial consignments and accompanied by a phytosanitary certificate
issued by the NPPO of Chile with an additional declaration stating that
the consignment was produced in accordance with the regulations. Fresh
cherimoya fruit that does not meet the conditions of the systems
approach would continue to be allowed to be imported into the United
States subject to treatment. This action would allow for the
importation of fresh cherimoya fruit from Chile while continuing to
provide protection against the introduction of plant pests into the
continental United States.
Implementing this rule will require pre-clearance documentation,
production site registration with low-prevalence level certification
option, inspections, box markings, 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 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 0.12407 hours per response.
Respondents: Producers and importers of fresh cherimoya fruit and
the NPPO of Chile.
Estimated annual number of respondents: 16.
Estimated annual number of responses per respondent: 202.5.
Estimated annual number of responses: 3,240.
Estimated total annual burden on respondents: 402 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 EGovernment Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this proposed rule, please contact Ms.

[[Page 19063]]

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.

0
2. Section 319.56-75 is added to subpart Fruits and Vegetables to read
as follows:

Sec. 319.56-75 Fresh cherimoya from Chile.

Fresh cherimoya (Annona cherimola) fruit must be imported into the
United States under the conditions listed in paragraphs (a) and (b)(1)
of this section. Fresh cherimoya fruit may also be imported into the
continental United States from Chile under the conditions listed in
paragraph (b)(2) of this section.
(a) Commercial consignments. The fresh cherimoya fruit may be
imported in commercial consignments only.
(b) The risks presented by Brevipalpus chilensis mites must be
addressed in one of the following ways:
(1) The fresh cherimoya fruit are subject to treatment and
certification consisting of:
(i) A soapy water and wax treatment.
(ii) Each consignment of fresh cherimoya fruit must be accompanied
by documentation to validate foreign site preclearance inspection after
soapy water and wax treatment completed in Chile; or
(2) The fresh cherimoya fruit are subject to a systems approach
consisting of the following:
(i) Production site registration. The production site where the
fruit is grown must be registered with the national plant protection
organization (NPPO) of Chile. Harvested cherimoya must be placed in
field cartons or containers that are marked to show the official
registration number of the production site. Registration must be
renewed annually.
(ii) Low-prevalence production site certification. The fruit must
originate from a low-prevalence production site to be imported under
the conditions in this section. Between 1 and 30 days prior to harvest,
random samples of leaves must be collected from each registered
production site under the direction of the NPPO of Chile. These samples
must undergo a pest detection and evaluation method as follows: The
leaves must be washed using a flushing method, placed in a 20-mesh
sieve on top of a 200-mesh sieve, sprinkled with a liquid soap and
water solution, washed with water at high pressure, and washed with
water at low pressure. The process must then be repeated. The contents
of the 200-mesh sieve must then be placed on a petri dish and analyzed
for the presence of live B. chilensis mites. If a single live B.
chilensis mite is found, the production site will not qualify for
certification as a low-prevalence production site. Each production site
may have only one opportunity per season to qualify as a low-prevalence
production site, and certification of low prevalence will be valid for
one harvest season only. The NPPO of Chile will present a list of
certified production sites to APHIS. Fruit from those production sites
that do not meet the requirements for certification as low-prevalence
production sites may still be imported into the continental United
States subject to treatment as listed in paragraph (b)(1) of this
section.
(iii) Post-harvest processing. After harvest, all damaged or
diseased fruits must be culled at the packinghouse and remaining fruit
must be packed into new, clean boxes, crates, or other APHIS-approved
packing containers.
(iv) Phytosanitary inspection. Fruit must be inspected in Chile at
an APHIS-approved inspection site under the direction of APHIS
inspectors in coordination with the NPPO of Chile following any post-
harvest processing. A biometric sample must be drawn and examined from
each consignment. Fresh cherimoya fruit can be shipped to the
continental United States under the conditions of this section only if
the consignment passes inspection. Any consignment that does not meet
the requirements for inspection can still be imported into the
continental United States subject to treatment as listed in paragraph
(b)(1) of this section. Inspection procedures are as follows:
(A) Fruit presented for inspection must be identified in the
shipping documents accompanying each lot of fruit to specify the
production site or sites in which the fruit was produced and the
packing shed or sheds in which the fruit was processed. This
identification must be maintained until the fruit is released for entry
into the United States.
(B) A biometric sample of the boxes, crates, or other APHIS-
approved packing containers from each consignment will be selected by
the NPPO of Chile, and the fruit from these boxes, crates, or other
APHIS-approved packing containers will be visually inspected for
quarantine pests. If a single live B. chilensis mite is found during
the inspection process, the certified low-prevalence production site
where the fruit was grown will lose its certification for the remainder
of the harvest season.
(v) Phytosanitary certificate. Each consignment of fresh cherimoya
fruit must be accompanied by a phytosanitary certificate issued by the
NPPO of Chile that contains an additional declaration stating that the
fruit in the consignment was inspected and found free of Brevipalpus
chilensis and was grown, packed, and shipped in accordance with the
requirements of Sec. 319.56-75(b)(2).

Done in Washington, DC, this 29th day of March 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-07653 Filed 4-1-16; 8:45 am]
BILLING CODE 3410-34-P

Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Proposed Rules 19061

systems approach,’’ (December 2014), registration numbers would allow contain pests or otherwise be of poor
we determined that phytosanitary traceback to the production site if pest quality.
measures could be applied as a systems problems were found on fruit shipped to
Phytosanitary Inspection
approach to mitigate the risks of the United States. Problem production
introducing or disseminating the false sites could then be suspended until The fruit would have to be inspected
red mite into the continental United further mitigation measures were taken in Chile at an APHIS-approved
States. Therefore, we are proposing to to address the pest populations. inspection site under the direction of
allow the importation of fresh APHIS inspectors in coordination with
Low-Prevalence Production Site the NPPO of Chile following any post-
cherimoya fruit from Chile into the
Certification harvest processing. In order to be
continental United States if it is
produced under a systems approach, Between 1 and 30 days prior to eligible for shipment to the continental
which is described below. Alternatively, harvest, random samples of leaves United States, the fruit in the
fresh cherimoya fruit that do not meet would have to be collected from each consignment would have to pass
the conditions of the systems approach registered production site under the inspection by meeting the following
would still be allowed to be imported direction of the NPPO of Chile. These requirements:
into the United States if the fruit is samples would have to undergo a pest • Fruit presented for inspection
treated in Chile in accordance with the detection and evaluation method as would have to be identified in the
current requirements of the PPQ follows: The leaves would have to be shipping documents accompanying
Treatment Manual. The fruit would also washed using a flushing method, placed each lot of fruit to specify the
have to be imported in commercial in a 20-mesh sieve on top of a 200-mesh production site(s) where the fruit was
consignments only and accompanied by sieve, sprinkled with a liquid soap and produced and the packing shed(s) where
documentation to validate foreign site water solution, washed with water at the fruit was processed. This
preclearance inspection after the high pressure, and washed with water at identification would have to be
required treatment is completed. low pressure. The process would then maintained until the fruit is released for
Based on the findings of the CIED and be repeated. The contents of the 200- entry into the United States.
the PRA, we are proposing to add the mesh sieve would then be placed on a • A biometric sample would have to
systems approach to the regulations in petri dish and analyzed for the presence be drawn from each consignment and
a new § 319.56–75. of live false red mites. If a single live examined for false red mite. If a single
false red mite were found, the live false red mite were found during
Commercial Consignments production site would not qualify for the inspection process, the certified
Only commercial consignments of certification as a low-prevalence low-prevalence production site where
fresh cherimoya fruit from Chile would production site and would only be the fruit was grown would lose its
be allowed to be imported into the eligible to export fruit to the continental certification for the remainder of the
continental United States. Produce United States if the fruit is subsequently harvest season. Rejected consignments
grown commercially is less likely to be treated with an APHIS-approved of fruit would still be eligible for export
infested with plant pests than quarantine treatment in Chile. Each to all ports of the United States only
noncommercial consignments. production site would have only one after application of an APHIS-approved
Noncommercial consignments are more opportunity per season to qualify as a quarantine treatment in Chile as long as
prone to infestations because the low-prevalence production site, and the fruit is imported in commercial
commodity is often ripe to overripe, certification of low prevalence would be consignments only and accompanied by
could be of a variety with unknown valid for one harvest season only. The documentation to validate foreign site
susceptibility to pests, and is often NPPO of Chile would be required to preclearance inspection after the
grown with little or no pest control. present a list of certified production required treatment is completed.
Commercial consignments, as defined in sites to APHIS. The proposed requirements for the
§ 319.56–2, are consignments that an Production site low-prevalence identification in shipping documents of
inspector identifies as having been certification would identify problem the fresh cherimoya fruit to their
imported for sale and distribution. Such production sites and prevent the production sites and packing sheds
identification is based on a variety of shipment of fruit with false red mites would aid in traceback if pests were
indicators, including, but not limited to: from such sites. This mite sampling discovered. The proposed requirements
Quantity of produce, type of packing, method has been tested in Chile and for visual inspection and biometric
identification of grower or packinghouse found to be successful in identifying sampling of the fruit would provide
on the packaging, and documents grape, citrus, baby kiwi, and additional layers of protection against
consigning the fruits or vegetables to a pomegranate production areas with high the possibility of fresh cherimoya fruit
wholesaler or retailer. and low populations of mites. infested with quarantine pests being
shipped from Chile to the United States.
Production Site Registration Post-Harvest Processing These methods have proved effective
Under this proposed rule, the After harvest, all damaged or diseased when employed to inspect
production site where the fruit is grown fruits would have to be culled at the consignments of citrus, baby kiwi, and
would be required to be registered with packinghouse, and the remaining fruit pomegranates from Chile.
the NPPO of Chile. The official would have to be packed into new,
registration number of the production clean boxes, crates, or other APHIS- Phytosanitary Certificate
mstockstill on DSK4VPTVN1PROD with PROPOSALS

site would be marked on all field approved packing containers. Each consignment of fruit would have
cartons and containers of harvested Post-harvest processing procedures, to be accompanied by a phytosanitary
fresh cherimoya fruit. Production sites such as culling damaged fruit and certificate issued by the NPPO of Chile
would be required to renew their sampling for mites, would remove fruit that contains an additional declaration
registration annually. that could contain pests from stating that the fruit in the consignment
Registration of production sites with consignments being shipped to the was inspected and found free of false
the NPPO of Chile and marking of field United States. Culling is a standard red mite based on field and
cartons or containers with the procedure to remove fruit that may packinghouse inspections and was

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19062 Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Proposed Rules

grown, packed, and shipped in distribution and sale to the consuming Implementing this rule will require
accordance with the requirements of the public and would remain in foreign pre-clearance documentation,
regulations. commerce until sold to the ultimate production site registration with low-
Requiring a phytosanitary certificate consumer. The question of when foreign prevalence level certification option,
would ensure that the NPPO of Chile commerce ceases in other cases must be inspections, box markings, and
has inspected the fruit and certified that addressed on a case-by-case basis. If this phytosanitary certificates.
the fruit meets the conditions in the proposed rule is adopted, no retroactive We are soliciting comments from the
section for export to the United States. effect will be given to this rule, and this public (as well as affected agencies)
rule will not require administrative concerning our proposed information
Executive Order 12866 and Regulatory
proceedings before parties may file suit collection and recordkeeping
Flexibility Act
in court challenging this rule. requirements. These comments will
This proposed rule has been help us:
determined to be not significant for the Paperwork Reduction Act (1) Evaluate whether the proposed
purposes of Executive Order 12866 and, In accordance with section 3507(d) of information collection is necessary for
therefore, has not been reviewed by the the Paperwork Reduction Act of 1995 the proper performance of our agency’s
Office of Management and Budget. (44 U.S.C. 3501 et seq.), the information functions, including whether the
In accordance with the Regulatory collection or recordkeeping information will have practical utility;
Flexibility Act, we have analyzed the requirements included in this proposed (2) Evaluate the accuracy of our
potential economic effects of this action rule have been submitted for approval to estimate of the burden of the proposed
on small entities. The analysis is the Office of Management and Budget information collection, including the
summarized below. Copies of the full (OMB). Please send written comments validity of the methodology and
analysis are available by contacting the to the Office of Information and assumptions used;
person listed under FOR FURTHER Regulatory Affairs, OMB, Attention: (3) Enhance the quality, utility, and
INFORMATION CONTACT or on the Desk Officer for APHIS, Washington, DC clarity of the information to be
Regulations.gov Web site (see 20503. Please state that your comments collected; and
ADDRESSES above for instructions for refer to Docket No. APHIS–2015–0015. (4) Minimize the burden of the
accessing Regulations.gov). Please send a copy of your comments to: information collection on those who are
APHIS is proposing to allow the (1) APHIS, using one of the methods to respond (such as through the use of
importation of fresh cherimoya fruit described under ADDRESSES at the appropriate automated, electronic,
from Chile into the continental United beginning of this document, and (2) mechanical, or other technological
States under a systems approach, in Clearance Officer, OCIO, USDA, room collection techniques or other forms of
response to a January 2013 request from 404–W, 14th Street and Independence information technology; e.g., permitting
Chile’s NPPO. This proposed rule Avenue SW., Washington, DC 20250. electronic submission of responses).
provides the public with the Estimate of burden: Public reporting
We are proposing to amend the
opportunity to comment on APHIS’ PRA burden for this collection of information
regulations to allow the importation of
and CIED that are the basis for this is estimated to average 0.12407 hours
fresh cherimoya fruit from Chile into the
action. Currently, commercial per response.
continental United States, provided that
consignments of fresh cherimoya are Respondents: Producers and
fruit is produced in accordance with a
allowed into all of the United States importers of fresh cherimoya fruit and
systems approach, as an alternative to
subject to mandatory soapy water and the NPPO of Chile.
the currently required treatment. Estimated annual number of
wax treatment for Brevipalpus chilensis.
Over 80 percent of Chile’s cherimoya Commercial consignments of fresh respondents: 16.
exports are to the United States. APHIS cherimoya fruit are currently authorized Estimated annual number of
welcomes information regarding entry into all ports of the United States responses per respondent: 202.5.
cherimoya production within the from Chile subject to a mandatory soapy Estimated annual number of
United States. Regardless of the number water and wax treatment. responses: 3,240.
of U.S. producers or their size, any The proposed systems approach Estimated total annual burden on
impact of this proposed rule would be would include requirements for respondents: 402 hours. (Due to
minor because the volume of cherimoya production site registration, low pest averaging, the total annual burden hours
imported from Chile is not expected to prevalence area certification, post- may not equal the product of the annual
change significantly. harvest processing, and fruit cutting and number of responses multiplied by the
Under these circumstances, the inspection at the packinghouse. The reporting burden per response.)
Administrator of the Animal and Plant fruit would also be required to be Copies of this information collection
Health Inspection Service has imported in commercial consignments can be obtained from Ms. Kimberly
determined that this action would not and accompanied by a phytosanitary Hardy, APHIS’ Information Collection
have a significant economic impact on certificate issued by the NPPO of Chile Coordinator, at (301) 851–2727.
a substantial number of small entities. with an additional declaration stating
that the consignment was produced in E-Government Act Compliance
Executive Order 12988 accordance with the regulations. Fresh The Animal and Plant Health
This proposed rule would allow fresh cherimoya fruit that does not meet the Inspection Service is committed to
cherimoya fruit to be imported into the conditions of the systems approach compliance with the EGovernment Act
mstockstill on DSK4VPTVN1PROD with PROPOSALS

continental United States from Chile would continue to be allowed to be to promote the use of the Internet and
under a systems approach. If this imported into the United States subject other information technologies, to
proposed rule is adopted, State and to treatment. This action would allow provide increased opportunities for
local laws and regulations regarding for the importation of fresh cherimoya citizen access to Government
fresh cherimoya fruit imported under fruit from Chile while continuing to information and services, and for other
this rule would be preempted while the provide protection against the purposes. For information pertinent to
fruit is in foreign commerce. Fresh fruits introduction of plant pests into the E-Government Act compliance related
are generally imported for immediate continental United States. to this proposed rule, please contact Ms.

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Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Proposed Rules 19063

Kimberly Hardy, APHIS’ Information leaves must be collected from each packing containers from each
Collection Coordinator, at (301) 851– registered production site under the consignment will be selected by the
2727. direction of the NPPO of Chile. These NPPO of Chile, and the fruit from these
samples must undergo a pest detection boxes, crates, or other APHIS-approved
List of Subjects in 7 CFR Part 319
and evaluation method as follows: The packing containers will be visually
Coffee, Cotton, Fruits, Imports, Logs, leaves must be washed using a flushing inspected for quarantine pests. If a
Nursery stock, Plant diseases and pests, method, placed in a 20-mesh sieve on single live B. chilensis mite is found
Quarantine, Reporting and top of a 200-mesh sieve, sprinkled with during the inspection process, the
recordkeeping requirements, Rice, a liquid soap and water solution, certified low-prevalence production site
Vegetables. washed with water at high pressure, and where the fruit was grown will lose its
Accordingly, we propose to amend 7 washed with water at low pressure. The certification for the remainder of the
CFR part 319 as follows: process must then be repeated. The harvest season.
contents of the 200-mesh sieve must (v) Phytosanitary certificate. Each
PART 319—FOREIGN QUARANTINE then be placed on a petri dish and consignment of fresh cherimoya fruit
NOTICES analyzed for the presence of live B. must be accompanied by a
chilensis mites. If a single live B. phytosanitary certificate issued by the
■ 1. The authority citation for part 319 chilensis mite is found, the production NPPO of Chile that contains an
continues to read as follows: site will not qualify for certification as additional declaration stating that the
Authority: 7 U.S.C. 450, 7701–7772, and a low-prevalence production site. Each fruit in the consignment was inspected
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR production site may have only one and found free of Brevipalpus chilensis
2.22, 2.80, and 371.3. opportunity per season to qualify as a and was grown, packed, and shipped in
■ 2. Section 319.56–75 is added to low-prevalence production site, and accordance with the requirements of
subpart Fruits and Vegetables to read as certification of low prevalence will be § 319.56–75(b)(2).
follows: valid for one harvest season only. The
Done in Washington, DC, this 29th day of
NPPO of Chile will present a list of March 2016.
§ 319.56–75 Fresh cherimoya from Chile. certified production sites to APHIS.
Kevin Shea,
Fresh cherimoya (Annona cherimola) Fruit from those production sites that do
fruit must be imported into the United not meet the requirements for Administrator, Animal and Plant Health
Inspection Service.
States under the conditions listed in certification as low-prevalence
paragraphs (a) and (b)(1) of this section. production sites may still be imported [FR Doc. 2016–07653 Filed 4–1–16; 8:45 am]
Fresh cherimoya fruit may also be into the continental United States BILLING CODE 3410–34–P

imported into the continental United subject to treatment as listed in
States from Chile under the conditions paragraph (b)(1) of this section.
listed in paragraph (b)(2) of this section. (iii) Post-harvest processing. After DEPARTMENT OF AGRICULTURE
(a) Commercial consignments. The harvest, all damaged or diseased fruits
Animal and Plant Health Inspection
fresh cherimoya fruit may be imported must be culled at the packinghouse and
Service
in commercial consignments only. remaining fruit must be packed into
(b) The risks presented by Brevipalpus new, clean boxes, crates, or other
7 CFR Part 319
chilensis mites must be addressed in APHIS-approved packing containers.
one of the following ways: (iv) Phytosanitary inspection. Fruit [Docket No. APHIS–2015–0051]
(1) The fresh cherimoya fruit are must be inspected in Chile at an APHIS-
RIN 0579–AE20
subject to treatment and certification approved inspection site under the
consisting of: direction of APHIS inspectors in Importation of Lemons From Chile Into
(i) A soapy water and wax treatment. coordination with the NPPO of Chile the Continental United States
(ii) Each consignment of fresh following any post-harvest processing.
cherimoya fruit must be accompanied A biometric sample must be drawn and AGENCY: Animal and Plant Health
by documentation to validate foreign examined from each consignment. Fresh Inspection Service, USDA.
site preclearance inspection after soapy cherimoya fruit can be shipped to the ACTION: Proposed rule.
water and wax treatment completed in continental United States under the
Chile; or conditions of this section only if the SUMMARY: We are proposing to amend
(2) The fresh cherimoya fruit are consignment passes inspection. Any the fruits and vegetables regulations to
subject to a systems approach consisting consignment that does not meet the list lemon (Citrus limon (L.) Burm. f.)
of the following: requirements for inspection can still be from Chile as eligible for importation
(i) Production site registration. The imported into the continental United into the continental United States
production site where the fruit is grown States subject to treatment as listed in subject to a systems approach. Under
must be registered with the national paragraph (b)(1) of this section. this systems approach, the fruit would
plant protection organization (NPPO) of Inspection procedures are as follows: have to be grown in a place of
Chile. Harvested cherimoya must be (A) Fruit presented for inspection production that is registered with the
placed in field cartons or containers that must be identified in the shipping Government of Chile and certified as
are marked to show the official documents accompanying each lot of having a low prevalence of Brevipalpus
registration number of the production fruit to specify the production site or chilensis. The fruit would have to
mstockstill on DSK4VPTVN1PROD with PROPOSALS

site. Registration must be renewed sites in which the fruit was produced undergo pre-harvest sampling at the
annually. and the packing shed or sheds in which registered production site. Following
(ii) Low-prevalence production site the fruit was processed. This post-harvest processing, the fruit would
certification. The fruit must originate identification must be maintained until have to be inspected in Chile at an
from a low-prevalence production site the fruit is released for entry into the approved inspection site. Each
to be imported under the conditions in United States. consignment of fruit would have to be
this section. Between 1 and 30 days (B) A biometric sample of the boxes, accompanied by a phytosanitary
prior to harvest, random samples of crates, or other APHIS-approved certificate with an additional

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Document Created: 2016-04-02 03:54:17
Document Modified: 2016-04-02 03:54:17

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 3, 2016.
Contact		Ms. Claudia Ferguson, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, Imports, Regulations, and Manuals, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-2352.
FR Citation		81 FR 19060
RIN Number		0579-AE13
CFR Associated		Coffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables

81 FR 19060 - Importation of Fresh Cherimoya Fruit From Chile Into the United States

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

Federal Register Volume 81, Issue 64 (April 4, 2016)

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service