81 FR 19063 - Importation of Lemons From Chile Into the Continental United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

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

Page Range		19063-19066
FR Document		2016-07673

We are proposing to amend the fruits and vegetables regulations to list lemon (Citrus limon (L.) Burm. f.) from Chile as eligible for importation into the continental United States subject to a systems approach. Under this systems approach, the fruit would have to be grown in a place of production that is registered with the Government of Chile and certified as having a low prevalence of Brevipalpus chilensis. The fruit would have to undergo pre-harvest sampling at the registered production site. Following post-harvest processing, the fruit would have to be inspected in Chile at an approved inspection site. Each consignment of fruit would have to be accompanied by a phytosanitary certificate with an additional declaration stating that the fruit had been found free of Brevipalpus chilensis based on field and packinghouse inspections. This proposed rule would allow for the safe importation of lemons from Chile using mitigation measures other than fumigation with methyl bromide.

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

[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Proposed Rules]
[Pages 19063-19066]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-07673]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0051]
RIN 0579-AE20

Importation of Lemons From Chile Into the Continental United
States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the fruits and vegetables
regulations to list lemon (Citrus limon (L.) Burm. f.) from Chile as
eligible for importation into the continental United States subject to
a systems approach. Under this systems approach, the fruit would have
to be grown in a place of production that is registered with the
Government of Chile and certified as having a low prevalence of
Brevipalpus chilensis. The fruit would have to undergo pre-harvest
sampling at the registered production site. Following post-harvest
processing, the fruit would have to be inspected in Chile at an
approved inspection site. Each consignment of fruit would have to be
accompanied by a phytosanitary certificate with an additional

[[Page 19064]]

declaration stating that the fruit had been found free of Brevipalpus
chilensis based on field and packinghouse inspections. This proposed
rule would allow for the safe importation of lemons from Chile using
mitigation measures other than fumigation with methyl bromide.

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-2015-0051.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2015-0051, 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-
0051 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. George Balady, Senior Regulatory
Policy Specialist, Regulatory Coordination and Compliance, Plant Health
Programs, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737;
(301) 851-2240.

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), the
Animal and Plant Health Inspection Service (APHIS) of the U.S.
Department of Agriculture 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.
The regulations in Sec. 319.56-4(a) provide that fruits and
vegetables that can be imported using one or more of the designated
phytosanitary measures in Sec. 319.56-4(b) to mitigate risk will be
listed, along with the applicable requirements for their importation,
on the Internet (currently in the Fruits and Vegetables Import
Requirements [FAVIR] database at www.aphis.usda.gov/favir). Under those
provisions, lemons from Chile (Citrus limon (L.) Burm. f.) are
currently listed in the FAVIR database as enterable subject to
treatment with methyl bromide for the pest Brevipalpus chilensis, the
Chilean false red mite, applied either as a condition of entry
treatment or applied in Chile under an APHIS preclearance program.
The regulations in Sec. 319.56-4(a) also provide that commodities
that require phytosanitary measures other than those measures cited in
Sec. 319.56-4(b) may only be imported in accordance with applicable
requirements in Sec. 319.56-3 and commodity-specific requirements
contained elsewhere in the subpart. Under those provisions, other
citrus fruits, including clementines (Citrus reticulata Blanco var.
Clementine), mandarins (Citrus reticulata Blanco), and tangerines
(Citrus reticulata Blanco) may be imported into the United States from
Chile, and grapefruit (Citrus paradisi Macfad.) and sweet oranges
(Citrus sinensis (L.) Osbeck) may be imported into the continental
United States from Chile under a systems approach. The conditions
applicable to the importation of citrus from Chile are listed in Sec.
319.56-38.
In this document, we are proposing to amend Sec. 319.56-38 to
include lemons that are currently enterable into the United States
subject to treatment, thereby making the lemons eligible for
importation under the same systems approach as other citrus from Chile.
Our review of the information supporting the safe importation into
the United States of citrus from Chile under the listed phytosanitary
measures is examined in a commodity import evaluation document (CIED)
titled ``Importation of Fresh Lemons (Citrus limon (L.) Burm. F.), from
Chile into the Continental United States Using a Systems Approach.''
Copies of the CIED may be obtained from the person listed under FOR
FURTHER INFORMATION CONTACT or viewed on the Regulations.gov Web site
or in our reading room (see ADDRESSES above for a link to
Regulations.gov and information on the location and hours of the
reading room).
In June 2010, APHIS recognized all of Chile as a pest-free area
with respect to Ceratitis capitata, the Mediterranean fruit fly.
Therefore, the CIED identifies one quarantine pest that could be
introduced into the United States in consignments of lemon from Chile:
B. chilensis. 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 CIED, the likelihood and
consequences of introducing this pest to the United States are
considered, and B. chilensis 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
United States.
Based on the findings of our CIED, we are proposing to allow the
importation of fresh lemons from Chile into the United States subject
to the same systems approach in place for other citrus from Chile.
Under a systems approach, a set of phytosanitary conditions, at least
two of which have an independent effect in mitigating the pest risk
associated with the movement of commodities, is specified, whereby
fruits and vegetables may be imported into the United States from
countries that are not free of certain plant pests. The systems
approach for lemons from Chile would require the fruit to be grown in a
place of production that is registered with the national plant
protection organization (NPPO) of Chile. The fruit would have to
undergo pre-harvest sampling at the registered production site under
the direction of the NPPO of Chile. The NPPO of Chile would present a
list of production sites certified as having a low prevalence of B.
chilensis to APHIS. Following post-harvest processing, 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. Each consignment of the fruit would have to be accompanied by
a phytosanitary certificate with an additional declaration stating that
the lemons in the consignment meet the conditions of the systems
approach and are free of B. chilensis. The mitigation measures in the
proposed systems approach are discussed in greater detail below.

Production Site Registration

The production site where the lemons are grown would have to be
registered with the NPPO of Chile. To register, the production site
must provide the NPPO of Chile with the following information:
Production site name, grower name, municipality, province, region, area
planted to each species, number of plants/hectares/species, and
approximate date of harvest. Registration would have to be renewed
annually.
Registration of production sites is required to manage production
site requirements and to control access to

[[Page 19065]]

the program to only qualified sites. Commercially grown shipments from
registered production sites use good agricultural practices to reduce
or eliminate pests.

Low-Prevalence Production Site Certification

Between 1 and 30 days prior to harvest, random samples of fruit
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 fruit 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 washing process would then be repeated immediately after
the first washing. The contents of the 200-mesh sieve would 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 would not qualify for certification as a low-prevalence
production site and would be eligible to export fruit to the United
States only if the fruit is fumigated with methyl bromide either in
Chile or at the port of first arrival in the United States. 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 annually.

Post-Harvest Processing

After harvest and before packing, the fruit would have to be
washed, rinsed in a potable water bath, washed with detergent with
brushing using bristle rollers, rinsed with a hot water shower with
brushing using bristle rollers, predried at room temperature, waxed,
and dried with hot air. These mitigations aid in removing any pests
from the fruit.

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. A
biometric sample would be drawn from each consignment, which may
represent multiple grower lots from different packing sheds.
Consignments with mites will be rejected from the systems approach.
Rejected lots may still be exported to the United States but would
require fumigation with methyl bromide either in Chile or at the port
of first arrival in the United States in accordance with Sec. 305.5 of
the regulations.

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 lemons in the consignment meet
the conditions of the systems approach and are free of B. chilensis.
Requiring a phytosanitary certificate ensures that the NPPO of Chile
inspects the lemons for pests.

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).
The Government of Chile submitted a market access request for lemon
fruit to be approved for import into the continental United States
using a systems approach as an alternative to methyl bromide
fumigation, to mitigate the risk of introduction of the Chilean false
red mite.
The United States is a net exporter of fresh lemon; over 5 seasons
(2009/10-2013/14), annual exports averaged about 102,410 metric tons
(MT) (19 percent of production), compared to annual imports that
averaged about 46,270 MT. Based on the Small Business Administration
small-entity standards, the majority of entities that comprise
industries that may be affected by this rule are small. These entities
include lemon producers, packers, wholesalers, retailers, and
importers.
Chile supplies about one-third of U.S. fresh lemon imports. Chile's
Ministry of Agriculture estimates that approximately 60 percent of
their lemon consignments to the United States will switch from methyl
bromide treatment to the systems approach. Chile currently exports
about 15,000 MT per year to the United States, of which the systems
approach is expected to be used for 8,500 to 9,000 MT. For this reason,
the proposed rule is not expected to result in a significant increase
in Chilean lemon exports to the United States or their competitiveness.
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 lemon fruit to be imported into the
continental United States from Chile. If this proposed rule is adopted,
State and local laws and regulations regarding lemon 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-
2015-0051. 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.
APHIS is proposing to amend the fruits and vegetables regulations
to list lemon (Citrus limon (L.) Burm. f.) from Chile as eligible for
importation into the continental United States subject to a systems
approach. Under this systems approach, the fruit would have to be grown
in a place of production that is registered with the Government of
Chile and certified as having a low prevalence of B. chilensis. The
fruit would have to undergo pre-harvest sampling at the registered
production site. Following post-harvest processing, the fruit would
have to be inspected in Chile at an

[[Page 19066]]

approved inspection site. Each consignment of fruit would have to be
accompanied by a phytosanitary certificate with an additional
declaration stating that the fruit had been found free of B. chilensis
based on field and packinghouse inspections. This proposed rule would
allow for the safe importation of lemons from Chile using mitigation
measures other than fumigation with methyl bromide.
Implementing this rule will require permits, production site
registration with low-prevalence level certification option,
phytosanitary inspections, phytosanitary certificates, and chemical
treatment procedures.
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 0.6917 hours per response.
Respondents: Producers and importers of lemons, and the NPPO of
Chile.
Estimated annual number of respondents: 198.
Estimated annual number of responses per respondent: 6.71.
Estimated annual number of responses: 1,330.
Estimated total annual burden on respondents: 920 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. 319.56-38 [Amended]

0
2. Section 319.56-38 is amended as follows:
0
a. In the introductory text, by adding the words ``, lemons (Citrus
limon (L.) Burm. f.),'' between the words ``(Citrus paradisi Macfad.)''
and ``and sweet oranges''.
0
b. In paragraph (e), by adding the word ``lemons,'' between the words
``grapefruit,'' and ``mandarins,''.
0
c. In paragraph (f), by adding the word ``lemons,'' between the words
``grapefruit,'' and ``mandarins,''.

Done in Washington, DC, this 29th day of March 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-07673 Filed 4-1-16; 8:45 am]
BILLING CODE 3410-34-P

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

VerDate Sep<11>2014 18:23 Apr 01, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\04APP1.SGM 04APP1

Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Proposed Rules 19065

the program to only qualified sites. exported to the United States but would proposed rule is not expected to result
Commercially grown shipments from require fumigation with methyl bromide in a significant increase in Chilean
registered production sites use good either in Chile or at the port of first lemon exports to the United States or
agricultural practices to reduce or arrival in the United States in their competitiveness.
eliminate pests. accordance with § 305.5 of the Under these circumstances, the
regulations. Administrator of the Animal and Plant
Low-Prevalence Production Site Health Inspection Service has
Certification Phytosanitary Certificate determined that this action would not
Between 1 and 30 days prior to Each consignment of fruit would have have a significant economic impact on
harvest, random samples of fruit would to be accompanied by a phytosanitary a substantial number of small entities.
have to be collected from each certificate issued by the NPPO of Chile
registered production site under the that contains an additional declaration Executive Order 12988
direction of the NPPO of Chile. These stating that the lemons in the This proposed rule would allow
samples would have to undergo a pest consignment meet the conditions of the lemon fruit to be imported into the
detection and evaluation method as systems approach and are free of B. continental United States from Chile. If
follows: The fruit would have to be chilensis. Requiring a phytosanitary this proposed rule is adopted, State and
washed using a flushing method, placed certificate ensures that the NPPO of local laws and regulations regarding
in a 20-mesh sieve on top of a 200-mesh Chile inspects the lemons for pests. lemon fruit imported under this rule
sieve, sprinkled with a liquid soap and would be preempted while the fruit is
water solution, washed with water at Executive Order 12866 and Regulatory in foreign commerce. Fresh fruits are
high pressure, and washed with water at Flexibility Act generally imported for immediate
low pressure. The washing process This proposed rule has been distribution and sale to the consuming
would then be repeated immediately determined to be not significant for the public and would remain in foreign
after the first washing. The contents of purposes of Executive Order 12866 and, commerce until sold to the ultimate
the 200-mesh sieve would then be therefore, has not been reviewed by the consumer. The question of when foreign
placed on a petri dish and analyzed for Office of Management and Budget. commerce ceases in other cases must be
the presence of live B. chilensis mites. In accordance with the Regulatory addressed on a case-by-case basis. If this
If a single live B. chilensis mite is found, Flexibility Act, we have analyzed the proposed rule is adopted, no retroactive
the production site would not qualify potential economic effects of this action effect will be given to this rule, and this
for certification as a low-prevalence on small entities. The analysis is rule will not require administrative
production site and would be eligible to summarized below. Copies of the full proceedings before parties may file suit
export fruit to the United States only if analysis are available by contacting the in court challenging this rule.
the fruit is fumigated with methyl person listed under FOR FURTHER
Paperwork Reduction Act
bromide either in Chile or at the port of INFORMATION CONTACT or on the
first arrival in the United States. Each Regulations.gov Web site (see In accordance with section 3507(d) of
production site would have only one ADDRESSES above for instructions for the Paperwork Reduction Act of 1995
opportunity per season to qualify as a accessing Regulations.gov). (44 U.S.C. 3501 et seq.), the information
low-prevalence production site, and The Government of Chile submitted a collection or recordkeeping
certification of low prevalence would be market access request for lemon fruit to requirements included in this proposed
valid for one harvest season only. The be approved for import into the rule have been submitted for approval to
NPPO of Chile would be required to continental United States using a the Office of Management and Budget
present a list of certified production systems approach as an alternative to (OMB). Please send written comments
sites to APHIS annually. methyl bromide fumigation, to mitigate to the Office of Information and
the risk of introduction of the Chilean Regulatory Affairs, OMB, Attention:
Post-Harvest Processing false red mite. Desk Officer for APHIS, Washington, DC
After harvest and before packing, the The United States is a net exporter of 20503. Please state that your comments
fruit would have to be washed, rinsed fresh lemon; over 5 seasons (2009/10– refer to Docket No. APHIS–2015–0051.
in a potable water bath, washed with 2013/14), annual exports averaged about Please send a copy of your comments to:
detergent with brushing using bristle 102,410 metric tons (MT) (19 percent of (1) APHIS, using one of the methods
rollers, rinsed with a hot water shower production), compared to annual described under ADDRESSES at the
with brushing using bristle rollers, imports that averaged about 46,270 MT. beginning of this document, and (2)
predried at room temperature, waxed, Based on the Small Business Clearance Officer, OCIO, USDA, Room
and dried with hot air. These Administration small-entity standards, 404–W, 14th Street and Independence
mitigations aid in removing any pests the majority of entities that comprise Avenue SW., Washington, DC 20250.
from the fruit. industries that may be affected by this APHIS is proposing to amend the
rule are small. These entities include fruits and vegetables regulations to list
Phytosanitary Inspection lemon producers, packers, wholesalers, lemon (Citrus limon (L.) Burm. f.) from
The fruit would have to be inspected retailers, and importers. Chile as eligible for importation into the
in Chile at an APHIS-approved Chile supplies about one-third of U.S. continental United States subject to a
inspection site under the direction of fresh lemon imports. Chile’s Ministry of systems approach. Under this systems
APHIS inspectors in coordination with Agriculture estimates that approach, the fruit would have to be
mstockstill on DSK4VPTVN1PROD with PROPOSALS

the NPPO of Chile following any post- approximately 60 percent of their lemon grown in a place of production that is
harvest processing. A biometric sample consignments to the United States will registered with the Government of Chile
would be drawn from each switch from methyl bromide treatment and certified as having a low prevalence
consignment, which may represent to the systems approach. Chile currently of B. chilensis. The fruit would have to
multiple grower lots from different exports about 15,000 MT per year to the undergo pre-harvest sampling at the
packing sheds. Consignments with United States, of which the systems registered production site. Following
mites will be rejected from the systems approach is expected to be used for post-harvest processing, the fruit would
approach. Rejected lots may still be 8,500 to 9,000 MT. For this reason, the have to be inspected in Chile at an

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Document Created: 2016-04-02 03:53:02
Document Modified: 2016-04-02 03:53:02

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		Mr. George Balady, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, Plant Health Programs, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737; (301) 851-2240.
FR Citation		81 FR 19063
RIN Number		0579-AE20
CFR Associated		Coffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables

81 FR 19063 - Importation of Lemons From Chile Into the Continental 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