81 FR 20525 - Importation of Fresh Andean Blackberry and Raspberry Fruit From Ecuador Into the Continental United States
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service Federal Register Volume 81, Issue 68 (April 8, 2016)
Animal and Plant Health Inspection Service
Federal Register Volume 81, Issue 68 (April 8, 2016)
| Page Range | 20525-20528 | |
| FR Document | 2016-08191 |
[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)] [Rules and Regulations] [Pages 20525-20528] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08191] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2014-0085] RIN 0579-AE04 Importation of Fresh Andean Blackberry and Raspberry Fruit From Ecuador Into the Continental United States AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are amending the fruits and vegetables regulations to allow the importation of fresh Andean blackberry and raspberry fruit from Ecuador into the continental United States. As a condition of entry, the fruit will have to be produced in accordance with a systems approach that includes requirements for importation in commercial consignments from a pest free production site within a certified low pest prevalence area for fruit flies, and pest monitoring and trapping. The fruit will also have to be accompanied by a phytosanitary certificate issued by the national plant protection organization of Ecuador bearing an additional declaration stating that the consignment was produced and prepared for export in accordance with the requirements of the systems approach. This action will allow for the importation of fresh Andean blackberry and raspberry fruit from Ecuador while continuing to provide protection against the introduction of quarantine pests into the continental United States. DATES: Effective May 9, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, M.S., Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, Imports, Regulations and Manuals, PPQ, APHIS, (301) 851-2352; email: [email protected]. 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. On April 24, 2015, we published in the Federal Register (80 FR 22927-22930, Docket No. APHIS-2014-0085) a proposal \1\ to amend the regulations to allow importation of Andean blackberry (Rubus glaucus Benth) and raspberry (Rubus idaeus Linnaeus) fruit into the continental United States from Ecuador subject to a systems approach. We also prepared a pest risk assessment (PRA) and a risk management document (RMD). The PRA evaluates the risks associated with the importation of fresh Andean blackberry and raspberry fruit from Ecuador into the continental United States. The RMD draws upon the findings of the PRA to determine the phytosanitary measures necessary to ensure the safe importation into the continental United States of fresh Andean blackberry and raspberry fruit from Ecuador. --------------------------------------------------------------------------- \1\ To view the proposed rule, supporting documents, and the comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0085. --------------------------------------------------------------------------- In the proposed rule, we noted that the PRA rated three plant pests as having a high pest risk potential for following the pathway of fresh Andean blackberry and raspberry fruit from Ecuador into the continental United States: Anastrepha fraterculus (South American fruit fly), Ceratitis capitata (Mediterranean fruit fly, or Medfly), and Copitarsia decolora, a moth. We determined in the PRA that measures beyond standard port of arrival inspection will adequately mitigate the risks posed by these plant pests and proposed a systems approach that includes requirements for importation in commercial consignments from a pest free production site within a certified low pest prevalence area for fruit flies, pest monitoring, and pest trapping. We also proposed that the fruit be imported in commercial consignments only and accompanied by a phytosanitary certificate issued by the national plant protection organization (NPPO) of Ecuador stating that the consignment was produced and prepared for export in accordance with the systems approach. We solicited comments concerning our proposal for 60 days ending June 23, 2015. We received five comments during the comment period from members of the public and an employee of a foreign NPPO. The comments are discussed below. General Comments Two commenters stated that the importation of fresh Andean blackberry and raspberry fruit into the continental United States should not be allowed due to the associated plant pest risk. One of these commenters added that production of blackberry and raspberry fruit in the United States, along with existing import agreements with other countries, renders importation of Andean blackberry and raspberry fruit from Ecuador unnecessary. We are making no changes in response to these comments. Under the Plant Protection Act (7 U.S.C. 7701 et seq.), we have the authority to prohibit or restrict the importation of plants and plant products only when necessary to prevent the introduction into, or dissemination of plant pests or noxious weeds within, the United States. We have determined that fresh Andean blackberry and raspberry fruit from Ecuador may be safely imported into the continental United States under the [[Page 20526]] conditions we are adding to the regulations. Mitigations for Medfly One commenter stated that while the PRA lists Medfly as having a high pest risk potential for following the pathway of Andean blackberries and raspberries imported into the continental United States from Ecuador, the production site requirements we propose do not require mitigation for Medfly beyond standard commercial production and inspection. The commenter requested that we include an additional mitigation measure for Medfly and that we gradually reduce the requirements to commercial production and inspection only. Another commenter observed that we currently do not require mitigations for Medfly beyond standard commercial production and inspection for raspberries imported from other countries with this pest, including Colombia, Costa Rica, El Salvador, France, Guatemala, Honduras, Nicaragua, and Panama. The commenter asked why no additional mitigations exist to prevent Medfly from following the pathway of raspberries imported into the continental United States from these countries and from Ecuador. The commenter stated that raspberries from all production sites in these countries should be inspected and undergo additional mitigation if they have the potential for bringing Medfly to the continental United States. We respect the concerns of these commenters regarding the potential introduction of Medfly into the continental United States. However, as we noted in the RMD and the proposed rule, Andean blackberries and raspberries have been established in the scientific literature as being poor hosts for both Medfly and Anastrepha fraterculus. We also noted that there has never been an interception of fruit flies from the family Tephritidae, which includes Medfly as well as Anastrepha fraterculus, in any commercial shipments of fresh Andean blackberries or raspberries from the countries cited by the commenter. For these reasons, APHIS considers standard commercial production and inspection practices to be a sufficient mitigation for Medfly in Andean blackberries and raspberries imported from countries where the pest is present. We also noted in the proposed rule that a slightly stronger host status potential exists for Anastrepha fraterculus in Andean blackberries and raspberries, and as a result included a requirement for field trapping in order to maintain low pest prevalence for this pest. Furthermore, we added to the proposed rule the requirement that if a single Anastrepha fraterculus, Medfly, or Copitarsia decolora is detected in a consignment, the consignment may not be exported to the United States. Production Site Requirements One commenter stated that requiring the production sites of Andean blackberry and raspberry fruit to be free of Anastrepha fraterculus within an area of low prevalence is excessive. The commenter stated that the production sites are over 2,800 meters in altitude with an average temperature of 13 [deg]C, resulting in conditions too adverse for the establishment of Anastrepha fraterculus. The commenter also stated that production centers for Andean blackberries and raspberries are in areas of Ecuador isolated from other fruit crop production. The commenter requested that we remove the requirement that production sites for Andean blackberries and raspberries must be within areas of low prevalence. We agree with the commenter that given the low temperature and high altitude, the areas in Ecuador in which blackberry and raspberry production sites are located are generally inhospitable to the establishment of Anastrepha fraterculus. However, within Ecuador there is frequent commercial and consumer transport of fruit into these production areas from areas of lower altitude with established populations of Anastrepha fraterculus. Given the risk of Anastrepha fraterculus moving to production areas via host fruit, we will retain the requirement for trapping at each production site to ensure that the sites are free of Anastrepha fraterculus and remain areas of low pest prevalence. Details of trapping requirements will be included in the operational workplan and can be adjusted if necessary based on the frequency of pest interceptions. Economic Impacts One commenter, concerned about potential economic impacts to raspberry and blackberry growers in the United States resulting from imports of Andean raspberry and blackberry from Ecuador, requested that we provide more data on the potential impact to these growers. In the economic analysis accompanying this rule, we gathered and analyzed data sufficient to determine that this action will not have a significant economic impact on small domestic growers. Between 2008 and 2012, the United States imported 37.22 million pounds of fresh raspberries and between 2011 and 2013 imported 63 million pounds of fresh blackberries. Comparing the volume level of these imports with the proposed maximum level of imports from Ecuador, the Ecuadorian import share would be less than 0.4 percent of the U.S. import share for these fruits. The same commenter asked what costs APHIS will incur in monitoring and auditing Ecuador's implementation of the systems approach. APHIS conducts monitoring of production areas and trapping practices, audits of trap records, and other tasks necessary to ensure that the NPPO of Ecuador is implementing the systems approach. The costs of conducting these tasks are included in the APHIS budget. The commenter also asked if the costs would be feasible for Ecuadorian blackberry and raspberry farmers and whether the regulation imposes burdens on these farmers. Under Executive Order 12866 and the Regulatory Flexibility Act, we are required to analyze the potential regulatory and economic effects of this action on small entities within the United States. We therefore have not researched the economic effects of this action on Ecuadorian blackberry and raspberry farmers. Therefore, for the reasons given in the proposed rule, we are adopting the proposed rule as a final rule, without change. Executive Order 12866 and Regulatory Flexibility Act This final 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 final rule will allow importation into the continental United States of fresh Andean blackberry (Rubus glaucus Benth.) and raspberry (Rubus idaeus L.) fruit from Ecuador. We have information on the total quantity of Andean blackberry and raspberry fruit expected to be imported from Ecuador yearly (less than 180 metric tons (MT)), but not the amount by species. Also, the Andean blackberry is more closely comparable to the loganberry (a blackberry-raspberry hybrid) than it is to the common blackberry (Rubus fruticosus). For these reasons, we base [[Page 20527]] our analysis on aggregate quantities of Rubus species commercially produced by the United States. The majority of U.S. raspberry and blackberry farms are in three States--California, Oregon, and Washington. They are classified within the North American Industry Classification System under ``Berry except Strawberry Farming'' (NAICS 111334). For this industry classification, a business is considered to be a small entity if its annual receipts are not more than $750,000. The average 2012 market value of crops sold by farms in this category was less than $135,000. We infer that most fresh raspberry and blackberry fruit production is by small entities. Over the 5-year period 2008-2012, U.S. raspberry and blackberry production for the fresh market averaged about 96 million pounds and 4 million pounds per year, respectively, for a total of about 100 million pounds, or about 45,372 MT. Expected annual imports from Ecuador of less than 180 MT will be the equivalent of less than 0.4 percent of U.S. production. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This final rule allows fresh Andean blackberry and raspberry fruit to be imported into the continental United States from Ecuador. State and local laws and regulations regarding fresh Andean blackberry and raspberry fruit imported under this rule will be preempted while the fruit is in foreign commerce. Fresh fruits are generally imported for immediate distribution and sale to the consuming public, and 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. 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 final rule, which were filed under 0579-0435, have been submitted for approval to the Office of Management and Budget (OMB). When OMB notifies us of its decision, if approval is denied, we will publish a document in the Federal Register providing notice of what action we plan to take. E-Government Act Compliance APHIS 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 rule, please contact Ms. Kimberly Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727. Lists of Subjects in 7 CFR Part 319 Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. Accordingly, we are amending 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 read as follows: Sec. 319.56-75. Andean blackberries and raspberries from Ecuador. Andean blackberries (Rubus glaucus Benth) and raspberries (Rubus idaeus Linnaeus) may be imported into the continental United States from Ecuador under the conditions described in this section and other applicable provisions of this subpart. These conditions are designed to prevent the introduction of the following quarantine pests: Anastrepha fraterculus, Ceratitis capitata, and Copitarsia decolora. (a) General requirements. (1) The national plant protection organization (NPPO) of Ecuador must provide an operational workplan to APHIS that details the systems approach to pest mitigations and other specific requirements that the NPPO of Ecuador will, subject to APHIS' approval of the workplan, carry out to meet the requirements of this section. (2) APHIS will be directly involved with the NPPO of Ecuador in monitoring and auditing implementation of the systems approach. (3) Andean blackberry and raspberry fruit from Ecuador may be imported into the continental United States in commercial consignments only. (b) Production site requirements. (1) Each production site must carry out the phytosanitary measures specified in the APHIS-approved operational workplan. (2) All places of production that participate in the export program must be approved by and registered with the NPPO of Ecuador. APHIS reserves the right to conduct oversight visits in the event of pest interceptions or other problems. (3) The NPPO of Ecuador or their designee must conduct a fruit fly trapping program for the detection of Anastrepha fraterculus at each production site in accordance with the operational workplan. If a designee conducts the program, the designation must be detailed in the operational workplan. The approved designee can be a contracted entity, a coalition of growers, or the growers themselves. (4) The NPPO of Ecuador must maintain records of trap placement, trap checks, and any captures of Anastrepha fraterculus. The trapping records must be maintained for APHIS' review for at least 1 year. (5) The NPPO of Ecuador must maintain a quality control program, approved by APHIS, to monitor or audit the trapping program in accordance with the operational workplan. (c) Packinghouse requirements. (1) Packinghouses must be registered with the NPPO of Ecuador and comply with the requirements as specified in the operational workplan. (2) While in use for exporting Andean blackberries and raspberries to the continental United States, the packinghouses may only accept fruit from registered production sites. (3) If a single Anastrepha fraterculus, Ceratitis capitata, or Copitarsia decolora is detected by the NPPO in a consignment, the consignment may not be exported to the United States. Furthermore, if a single Anastrepha fraterculus or Ceratitis capitata is detected in a consignment at the port of entry and traced back to a registered production site, that production site will lose its ability to export Andean blackberries and raspberries to the continental United States until APHIS and the NPPO of Ecuador mutually determine that risk mitigation is achieved. (d) Phytosanitary certificate. Each consignment of Andean blackberries and/or raspberries must be accompanied by a phytosanitary certificate issued by the NPPO of Ecuador and bear an additional declaration stating that the consignment was produced and [[Page 20528]] prepared for export in accordance with the requirements of Sec. 319.56-75. (Approved by the Office of Management and Budget under control number 0579-0435) Done in Washington, DC, this 5th day of April 2016. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2016-08191 Filed 4-7-16; 8:45 a.m.] BILLING CODE 3410-34-P
![Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations 20525
SUMMARY: The final rule entitled the continental United States. As a ensure the safe importation into the
Supplemental Nutrition Assistance condition of entry, the fruit will have to continental United States of fresh
Program: Review of Major Changes in be produced in accordance with a Andean blackberry and raspberry fruit
Program Design and Management systems approach that includes from Ecuador.
Evaluation Systems was published on requirements for importation in In the proposed rule, we noted that
January 19, 2016. The Office of commercial consignments from a pest the PRA rated three plant pests as
Management and Budget (OMB) cleared free production site within a certified having a high pest risk potential for
the associated information collection low pest prevalence area for fruit flies, following the pathway of fresh Andean
requirements (ICR) on March 10, 2016. and pest monitoring and trapping. The blackberry and raspberry fruit from
This document announces approval of fruit will also have to be accompanied Ecuador into the continental United
the ICR. by a phytosanitary certificate issued by States: Anastrepha fraterculus (South
DATES: The ICR associated with the final the national plant protection American fruit fly), Ceratitis capitata
rule published in the Federal Register organization of Ecuador bearing an (Mediterranean fruit fly, or Medfly), and
on January 19, 2016, at 81 FR 2725, was additional declaration stating that the Copitarsia decolora, a moth.
approved by OMB on March 10, 2016. consignment was produced and We determined in the PRA that
prepared for export in accordance with measures beyond standard port of
FOR FURTHER INFORMATION CONTACT:
the requirements of the systems arrival inspection will adequately
Mary Rose Conroy, Chief, Program
approach. This action will allow for the mitigate the risks posed by these plant
Design Branch, Program Development
importation of fresh Andean blackberry pests and proposed a systems approach
Division, Food and Nutrition Service,
and raspberry fruit from Ecuador while that includes requirements for
USDA, 3101 Park Center Drive,
continuing to provide protection against importation in commercial
Alexandria, Virginia 22302, (703) 305– the introduction of quarantine pests into
2803, or SNAPMajorChange@ consignments from a pest free
the continental United States. production site within a certified low
fns.usda.gov.
DATES: Effective May 9, 2016. pest prevalence area for fruit flies, pest
SUPPLEMENTARY INFORMATION: The final FOR FURTHER INFORMATION CONTACT: Ms. monitoring, and pest trapping. We also
rule entitled Supplemental Nutrition Claudia Ferguson, M.S., Senior proposed that the fruit be imported in
Assistance Program: Review of Major Regulatory Policy Specialist, Regulatory commercial consignments only and
Changes in Program Design and Coordination and Compliance, Imports, accompanied by a phytosanitary
Management Evaluation Systems was Regulations and Manuals, PPQ, APHIS, certificate issued by the national plant
published on January 19, 2016. The (301) 851–2352; email: protection organization (NPPO) of
Office of Management and Budget Claudia.Ferguson@aphis.usda.gov. Ecuador stating that the consignment
(OMB) cleared the associated was produced and prepared for export
SUPPLEMENTARY INFORMATION:
information collection requirements in accordance with the systems
(ICR) on March 10, 2016. This document Background approach.
announces approval of the ICR. The ICR Under the regulations in ‘‘Subpart- We solicited comments concerning
for this rule approved the creation of a Fruits and Vegetables’’ (7 CFR 319.56– our proposal for 60 days ending June 23,
new information collection, which has 1 through 319.56–74, referred to below 2015. We received five comments
been assigned the OMB Control Number as the regulations), the Animal and during the comment period from
0584–0579. Plant Health Inspection Service (APHIS) members of the public and an employee
Dated: March 31, 2016. of the U.S. Department of Agriculture of a foreign NPPO. The comments are
Audrey Rowe, prohibits or restricts the importation of discussed below.
Administrator, Food and Nutrition Service. fruits and vegetables into the United
States from certain parts of the world to General Comments
[FR Doc. 2016–08031 Filed 4–7–16; 8:45 am]
BILLING CODE 3410–30–P
prevent plant pests from being Two commenters stated that the
introduced into and spread within the importation of fresh Andean blackberry
United States. and raspberry fruit into the continental
DEPARTMENT OF AGRICULTURE On April 24, 2015, we published in United States should not be allowed due
the Federal Register (80 FR 22927– to the associated plant pest risk. One of
Animal and Plant Health Inspection 22930, Docket No. APHIS–2014–0085) a these commenters added that
Service proposal 1 to amend the regulations to production of blackberry and raspberry
allow importation of Andean blackberry fruit in the United States, along with
7 CFR Part 319 (Rubus glaucus Benth) and raspberry existing import agreements with other
(Rubus idaeus Linnaeus) fruit into the countries, renders importation of
[Docket No. APHIS–2014–0085] continental United States from Ecuador Andean blackberry and raspberry fruit
RIN 0579–AE04 subject to a systems approach. We also from Ecuador unnecessary.
prepared a pest risk assessment (PRA) We are making no changes in
Importation of Fresh Andean and a risk management document response to these comments. Under the
Blackberry and Raspberry Fruit From (RMD). The PRA evaluates the risks Plant Protection Act (7 U.S.C. 7701 et
Ecuador Into the Continental United associated with the importation of fresh seq.), we have the authority to prohibit
States Andean blackberry and raspberry fruit or restrict the importation of plants and
asabaliauskas on DSK3SPTVN1PROD with RULES
from Ecuador into the continental plant products only when necessary to
AGENCY: Animal and Plant Health
United States. The RMD draws upon the prevent the introduction into, or
Inspection Service, USDA.
findings of the PRA to determine the dissemination of plant pests or noxious
ACTION: Final rule. phytosanitary measures necessary to weeds within, the United States. We
SUMMARY: We are amending the fruits 1 To view the proposed rule, supporting
have determined that fresh Andean
and vegetables regulations to allow the documents, and the comments we received, go to
blackberry and raspberry fruit from
importation of fresh Andean blackberry http://www.regulations.gov/ Ecuador may be safely imported into the
and raspberry fruit from Ecuador into #!docketDetail;D=APHIS-2014-0085. continental United States under the
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![20528 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations
prepared for export in accordance with However, the pest risk analysis we December 15, 2014 amending the energy
the requirements of § 319.56–75. prepared for the rule examined the conservation standards for commercial
(Approved by the Office of Management and importation of fresh peppers from clothes washers. This final rule
Budget under control number 0579–0435) Ecuador to the continental United States correction amends the test procedure
only and did not examine the risks provisions for commercial clothes
Done in Washington, DC, this 5th day of associated with the fruit entering washers to clarify the applicability of
April 2016. Hawaii or the U.S. Territories. the revised test procedures to the
Kevin Shea, Therefore, in order for the regulations to amended energy conservation
Administrator, Animal and Plant Health be consistent with the scope of the pest standards. The correction also removes
Inspection Service. risk analysis, we are amending obsolete regulatory provisions.
[FR Doc. 2016–08191 Filed 4–7–16; 8:45 a.m.] § 319.56–74 to limit the importation of DATES: This correction is effective April
BILLING CODE 3410–34–P fresh peppers from Ecuador to the 8, 2016.
continental United States. FOR FURTHER INFORMATION CONTACT:
Lists of Subjects in 7 CFR Part 319 Bryan Berringer, U.S. Department of
DEPARTMENT OF AGRICULTURE Energy, Office of Energy Efficiency and
Coffee, Cotton, Fruits, Imports, Logs, Renewable Energy, Building
Animal and Plant Health Inspection Nursery stock, Plant diseases and pests,
Service Technologies Program, EE–5B, 1000
Quarantine, Reporting and Independence Avenue SW.,
recordkeeping requirements, Rice, Washington, DC 20585–0121.
7 CFR Part 319 Vegetables. Telephone: (202) 586–0371. Email:
[Docket No. APHIS–2014–0086] Accordingly, we are amending 7 CFR commercial_clothes_washers@
part 319 as follows: ee.doe.gov.
RIN 0579–AE07
Jennifer Tiedeman, U.S. Department
PART 319—FOREIGN QUARANTINE of Energy, Office of the General Counsel,
Importation of Fresh Peppers From NOTICES
Ecuador Into the United States GC–33, 1000 Independence Avenue
■ 1. The authority citation for part 319 SW., Washington, DC 20585–0121.
AGENCY: Animal and Plant Health Telephone: (202) 287–6111. Email:
Inspection Service, USDA. continues to read as follows:
Jennifer.Tiedeman@hq.doe.gov.
ACTION: Final rule; technical Authority: 7 U.S.C. 450, 7701–7772, and
SUPPLEMENTARY INFORMATION: Energy
amendment. 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3. conservation standards for commercial
clothes washers (CCWs) are codified at
SUMMARY: In a final rule published in § 319.56–74 [Amended] 10 CFR 431.156. Pursuant to 10 CFR
the Federal Register on October 23,
■ 2. Section 319.56–74 is amended by 431.154, the test procedures for clothes
2015, and effective on November 23,
adding the word ‘‘continental’’ before washers at 10 CFR part 430, subpart B,
2015, we amended the fruits and
the words ‘‘United States’’ each time appendix J1 must be used to test CCWs
vegetables regulations to allow the
they occur. to determine compliance with the
importation of fresh peppers into the
current energy conservation standards
United States from Ecuador subject to a Done in Washington, DC, this 5th day of
codified at 10 CFR 431.156(b).
systems approach. However, the scope April 2015.
DOE published a final rule on March
of the pest risk analysis supporting the Kevin Shea, 7, 2012, establishing a new test
rule was limited to the continental Administrator, Animal and Plant Health procedure for clothes washers at 10 CFR
United States. Therefore, we are Inspection Service. part 430, subpart B, appendix J2. 77 FR
amending the regulations to limit the [FR Doc. 2016–08190 Filed 4–7–16; 8:45 am] 13887.
importation of fresh peppers from BILLING CODE 3410–34–P DOE published another final rule on
Ecuador to the continental United States December 3, 2014, revising the test
only. procedure provisions for CCWs at 10
DATES: Effective April 8, 2016. DEPARTMENT OF ENERGY CFR 431.154 to specify that the test
FOR FURTHER INFORMATION CONTACT: Ms. procedures for clothes washers at
Claudia Ferguson, M.S., Senior 10 CFR Part 431 appendix J2 must be used to determine
Regulatory Policy Specialist, Regulatory [Docket Number EERE–2013–BT–TP–0002] compliance with any amended
Coordination and Compliance, Imports, standards for CCWs based on appendix
Regulations and Manuals, PPQ, APHIS, RIN 1904–AC93 J2 efficiency metrics published after
(301) 851–2352; email: December 3, 2014. 79 FR 71624.
Energy Conservation Program: Test
Claudia.Ferguson@aphis.usda.gov. DOE then published a final rule on
Procedures for Commercial Clothes
SUPPLEMENTARY INFORMATION: In a final December 15, 2014, amending the
Washers; Correction
rule 1 that was published in the Federal energy conservation standards for
Register on October 23, 2015 (80 FR AGENCY: Office of Energy Efficiency and CCWs, which are codified at 10 CFR
64307–64309, Docket No. APHIS–2014– Renewable Energy, Department of 431.156(c). 79 FR 74492. These
0086), and effective on November 23, Energy. amended standards are based on
2015, we amended the fruits and ACTION: Final rule; correcting appendix J2 efficiency metrics, and
asabaliauskas on DSK3SPTVN1PROD with RULES
vegetables regulations by adding 7 CFR amendments. compliance with the amended standards
319.56–74 to allow the importation of is required beginning January 1, 2018.
SUMMARY: The Department of Energy This final rule correction (1) removes
fresh peppers from Ecuador into the
(DOE) published a final rule in the obsolete CCW standards listed at 10 CFR
United States under a systems approach.
Federal Register on December 3, 2014 431.156(a), (2) redesignates paragraphs
1 To view the final rule and supporting revising the test procedure provisions (b) and (c) of 10 CFR 431.156 as
documents, go to http://www.regulations.gov/ for commercial clothes washers. DOE paragraphs (a) and (b), and (3) amends
#!docketDetail;D=APHIS-2014-0086. published another final rule on the CCW test procedure provisions at 10
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Document Created: 2018-02-07 13:49:54
Document Modified: 2018-02-07 13:49:54
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective May 9, 2016. | |
| Contact | Ms. Claudia Ferguson, M.S., Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, Imports, Regulations and Manuals, PPQ, APHIS, (301) 851-2352; email: [email protected] | |
| FR Citation | 81 FR 20525 | |
| RIN Number | 0579-AE04 | |
| CFR Associated | Coffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables |
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