81 FR 20575 - Importation of Fresh Pitahaya 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)

Page Range		20575-20579
FR Document		2016-08189
We are proposing to amend the fruits and vegetables regulations to allow the importation of fresh pitahaya fruit into the continental United States from Ecuador. As a condition of entry, the fruit would have to be produced in accordance with a systems approach that would include requirements for fruit fly trapping, pre-harvest inspections, approved production sites, and packinghouse procedures designed to exclude quarantine pests. The fruit would also be required to be imported in commercial consignments and accompanied by a phytosanitary certificate issued by the national plant protection organization of Ecuador stating that the consignment was produced and prepared for export in accordance with the requirements of the systems approach. This action would allow for the importation of fresh pitahaya from Ecuador while continuing to provide protection against the introduction of plant pests into the United States.
Federal Register, Volume 81 Issue 68 (Friday, April 8, 2016)
[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Proposed Rules]
[Pages 20575-20579]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08189]


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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. 68 / Friday, April 8, 2016 / Proposed 
Rules

[[Page 20575]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0004]
RIN 0579-AE12


Importation of Fresh Pitahaya Fruit From Ecuador 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 allow the importation of fresh pitahaya fruit into the 
continental United States from Ecuador. As a condition of entry, the 
fruit would have to be produced in accordance with a systems approach 
that would include requirements for fruit fly trapping, pre-harvest 
inspections, approved production sites, and packinghouse procedures 
designed to exclude quarantine pests. The fruit would also be required 
to be imported in commercial consignments and accompanied by a 
phytosanitary certificate issued by the national plant protection 
organization of Ecuador stating that the consignment was produced and 
prepared for export in accordance with the requirements of the systems 
approach. This action would allow for the importation of fresh pitahaya 
from Ecuador while continuing to provide protection against the 
introduction of plant pests into the United States.

DATES: We will consider all comments that we receive on or before June 
7, 2016.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0004.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2015-0004, 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-
0004 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, 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

    The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-75, referred to below as the regulations) prohibit or 
restrict the importation of fruits and vegetables into the United 
States from certain parts of the world to prevent the introduction and 
dissemination of plant pests. The regulations currently do not 
authorize the importation of fresh pitahaya fruit (sometimes referred 
to as ``dragon fruit'') from Ecuador.
    The national plant protection organization (NPPO) of Ecuador has 
requested that the Animal and Plant Health Inspection Service (APHIS) 
amend the regulations in order to allow fresh fruit of any color of 
pitahaya (Hylocereus spp., Acanthocereus spp., Cereus spp., 
Echinocereus spp., Escontria spp., Myrtillocactus spp., and Stenocereus 
spp.) to be imported into the continental United States. (Hereafter we 
refer to these species as ``pitahaya.'')
    As part of our evaluation of Ecuador's request, we prepared a pest 
risk assessment (PRA) and a risk management document (RMD). Copies of 
the PRA and the RMD may be obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT or viewed on the Regulations.gov Web site 
(see ADDRESSES above for instructions for accessing Regulations.gov).
    The PRA, titled ``Importation of Pitahaya from Ecuador into the 
Continental United States (August 2013),'' evaluates the risks 
associated with the importation of fresh pitahaya fruit from Ecuador 
into the United States. The RMD relies upon the findings of the PRA to 
determine the phytosanitary measures necessary to ensure the safe 
importation into the continental United States of fresh pitahaya from 
Ecuador.
    The PRA identifies one quarantine pest present in Ecuador that 
could be introduced into the United States through the importation of 
fresh pitahaya: Anastrepha fraterculus (Wiedemann), South American 
fruit fly.
    A quarantine pest is defined in Sec.  319.56-2 of the regulations 
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. Potential plant pest risks 
associated with the importation of fresh pitahaya from Ecuador into the 
continental United States were determined by estimating the 
consequences and likelihood of introduction of quarantine pests into 
the United States and ranking the risk potential as high, medium, or 
low. The PRA rated the insect A. fraterculus as having a high pest risk 
potential for following the pathway of fresh pitahaya from Ecuador into 
the continental United States.
    APHIS has determined that measures beyond standard port of arrival 
inspection are required to mitigate the risks posed by this plant pest. 
Therefore, we are proposing to allow the importation of fresh pitahaya 
from Ecuador into the continental United States produced under a 
systems approach. The RMD prepared for fresh pitahaya from Ecuador 
identifies a systems approach of specific mitigation measures against 
the quarantine pest identified in the PRA and concludes that those 
measures, along with the general requirements for the importation of 
fruits and vegetables in the regulations, will be sufficient to prevent 
the introduction of this pest into the United States. Therefore, we are 
proposing to add the systems approach to the regulations in a new Sec.  
319.56-76. The proposed measures are described below.

[[Page 20576]]

General Requirements

    Paragraph (a) of proposed Sec.  319.56-76 would require the NPPO of 
Ecuador to provide an operational workplan to APHIS that details the 
activities that the NPPO would, subject to APHIS' approval of the 
workplan, carry out to meet the requirements of proposed Sec.  319.56-
76. An operational workplan is an agreement developed between APHIS' 
Plant Protection and Quarantine program, officials of the NPPO of a 
foreign government, and, when necessary, foreign commercial entities, 
that specifies in detail the phytosanitary measures that will be 
carried out to comply with our regulations governing the importation of 
a specific commodity. Operational workplans apply only to the signatory 
parties and establish detailed procedures and guidance for the day-to-
day operations of specific import/export programs. Operational 
workplans also establish how specific phytosanitary issues are dealt 
with in the exporting country and make clear who is responsible for 
dealing with those issues. The implementation of a systems approach 
typically requires an operational workplan to be developed.
    Paragraph (b) of proposed Sec.  319.56-76 would require fresh 
pitahaya from Ecuador to be imported in commercial consignments only. 
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.

Production Site Requirements

    Paragraph (c)(1) of proposed Sec.  319.56-76 would require that all 
production sites participating in the fresh pitahaya export program be 
approved by and registered with the NPPO of Ecuador in accordance with 
the requirements of the operational workplan. Such registration would 
facilitate traceback of a consignment of pitahayas to the production 
site in the event that quarantine pests were discovered in the 
consignment at the packinghouse, or at the first port of arrival into 
the United States.
    Paragraph (c)(2) of proposed Sec.  319.56-76 would require that 
trees and other structures, other than the crop itself, not shade the 
crop during the day. No other host of A. fraterculus would be permitted 
to be grown within 100 meters of the edge of the field. Pitahaya fruit 
that has fallen on the ground would have to be removed from the place 
of production at least once every 7 days and may not be included in 
field containers of fruit to be packed for export. Harvested pitahayas 
would have to be placed in field cartons or containers that are marked 
to show the place of production so that traceback is possible.
    Paragraph (c)(3) of proposed Sec.  319.56-76 would require the NPPO 
of Ecuador or its approved designee \1\ to visit and inspect the 
production sites prior to each harvest in accordance with the 
operational workplan. APHIS may also monitor the places of production 
if necessary. If APHIS or the NPPO of Ecuador finds that a place of 
production is not complying with the requirements of the systems 
approach, no fruit from the place of production will be eligible for 
export to the continental United States until APHIS and the NPPO of 
Ecuador conduct an investigation and appropriate remedial actions have 
been implemented.
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    \1\ An approved designee is an entity with which the NPPO 
creates a formal agreement that allows that entity to certify that 
the appropriate procedures have been followed. The approved designee 
can be a contracted entity, a coalition of growers, or the growers 
themselves.
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    Paragraph (c)(4) of proposed Sec.  319.56-76 would require trapping 
for the fruit fly A. fraterculus at each production site in accordance 
with the operational workplan. The NPPO of Ecuador would have to 
certify that exporting places of production have effective fruit fly 
trapping programs and follow control guidelines, when necessary, to 
reduce regulated pest populations. Personnel conducting the trapping 
and pest surveys would need to be hired, trained, and supervised by the 
NPPO of Ecuador. The trapping would have to begin at least 1 year 
before harvest begins and continue through the completion of harvest.
    Paragraph (c)(5) would state that, if more than an average of 0.07 
A. fraterculus per trap per day is trapped for more than 2 consecutive 
weeks, the production site would be ineligible for export until the 
rate of capture drops to less than that average. If levels exceed that 
average, from 2 months prior to harvest to the end of the shipping 
season, the production site would be prohibited from shipping under the 
systems approach until APHIS and the NPPO of Ecuador both agree that 
the pest risk has been mitigated. As conditions warrant, the average 
number of A. fraterculus per trap per day may be raised or lowered if 
jointly agreed to between APHIS and the NPPO of Ecuador in the 
operational workplan.
    Paragraph (c)(6) of proposed Sec.  319.56-76 would require the NPPO 
of Ecuador to maintain records of trap placement, trap checks, and any 
quarantine pest captures in accordance with the operational workplan. 
Trapping records would have to be maintained for APHIS' review for at 
least 1 year.

Packinghouse Requirements

    We are proposing several requirements for packinghouse activities, 
which would be contained in paragraph (d) of proposed Sec.  319.56-76.
    Paragraph (d)(1) would state that the NPPO of Ecuador must monitor 
packinghouse operations to verify that the packinghouses are complying 
with the requirements of the systems approach. If the NPPO of Ecuador 
finds that a packinghouse is not complying with the requirements of the 
systems approach, no pitahaya fruit from the packinghouse will be 
eligible for export to the continental United States until APHIS and 
the NPPO of Ecuador conduct an investigation and both agree that the 
pest risk has been mitigated.
    Paragraph (d)(2) would require that fresh pitahaya be packed in a 
packinghouse registered with the NPPO of Ecuador. Such registration 
would facilitate traceback of a consignment of pitahaya fruit to the 
packinghouse in which it was packed in the event that quarantine pests 
were discovered in the consignment at the port of first arrival into 
the United States.
    Paragraph (d)(3) would require that the pitahaya be packed within 
24 hours of harvest in a pest-exclusionary packinghouse that meets the 
requirements of the operational workplan. The pitahaya would have to be 
safeguarded by an insect-proof mesh screen or plastic tarpaulin while 
in transit to the packinghouse and while awaiting packing. These 
safeguards would have to remain intact until arrival in the continental 
United States or the consignment would be denied entry.
    Paragraph (d)(4) of proposed Sec.  319.56-76 would require that 
during the time that the packinghouse is in use for exporting fresh 
pitahayas to the continental United States, the packinghouse would only 
be allowed to accept pitahayas from registered production sites. This 
requirement would prevent such pitahayas intended for export to the 
continental United States from being exposed to or otherwise mixed with 
pitahayas that are not produced according to the requirements of the 
systems approach.

[[Page 20577]]

Phytosanitary Inspection

    Paragraph (e)(1) of proposed Sec.  319.56-76 would require that a 
biometric sample of pitahaya fruit jointly agreed upon by APHIS and the 
NPPO of Ecuador would need to be inspected in Ecuador by the NPPO of 
Ecuador following post-harvest processing. The biometric sample would 
be visually inspected for any quarantine pests, and a portion of the 
fruit would be cut open to detect internal signs of A. fraterculus.
    Paragraph (e)(2) would require that fruit presented for inspection 
at the port of entry to the United States 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, in accordance with the 
requirements in the operational workplan. This identification would 
need to be maintained until the fruit is released for entry into the 
continental United States. The pitahaya fruit are subject to inspection 
at the port of entry for all quarantine pests of concern, including A. 
fraterculus. If a single larva of A. fraterculus is found in a shipment 
from a place of production (either by the NPPO in Ecuador or by 
inspectors at the continental United States port of entry), the entire 
lot of fruit would be prohibited from entry into the United States, and 
the place of production of that fruit would be suspended from the 
export program until appropriate measures, as agreed upon by the NPPO 
of Ecuador and APHIS, have been taken.

Phytosanitary Certificate

    To certify that the fresh pitahaya fruit from Ecuador has been 
grown and packed in accordance with the requirements of proposed Sec.  
319.56-76, paragraph (f) would require each consignment of fruit to be 
accompanied by a phytosanitary certificate issued by the NPPO of 
Ecuador, with an additional declaration stating that the fruit in the 
consignment was produced and prepared for export in accordance with the 
requirements of Sec.  319.56-76.
Executive Order 12866 and Regulatory Flexibility Act
    The proposed rule has been determined to be Not Significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget.
    In accordance with 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this proposed rule on small entities. 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).
    Based on the information we have, there is no reason to conclude 
that adoption of this proposed rule would result in any significant 
economic effect on a substantial number of small entities. However, we 
do not currently have all of the data necessary for a comprehensive 
analysis of the effects of this proposed rule on small entities. 
Therefore, we are inviting comments on potential effects. In 
particular, we are interested in determining the number and kind of 
small entities that may incur benefits or costs from the implementation 
of this proposed rule.
    The proposed rule would amend the regulations to allow the 
importation of fresh pitahaya (of any color) (Hylocereus spp., 
Acanthocereus spp., Cereus spp., Echinocereus spp., Escontria spp., 
Myrtillocactus spp., and Stenocereus spp.) from Ecuador into the 
continental United States under a systems approach. Entities 
potentially affected by the proposed rule are U.S. pitahaya fruit 
growers, of which most, if not all, are small entities.
    APHIS has been marginally successful in acquiring information on 
the U.S. market for pitahaya fruit. At this point, we do not know the 
quantity of pitahaya fruit domestically produced, numbers of U.S. 
producers, the total quantity imported, or other factors needed to 
assess likely economic effects of this rule. Vietnam, the largest 
exporter of pitahaya to the United States, shipped 1,300 metric tons of 
the fruit to the United States in 2013. It is unknown what percentage 
of the total supply this represents. Domestically, pitahaya fruit is 
produced in Hawaii, California, and Florida. Hawaii's pitahaya 
production is mainly consumed within that State.
    The quantity of pitahaya fruit that would be imported from Ecuador 
is unknown. In 2014, Ecuador exported about 165 metric tons of pitahaya 
to 32 countries. They have indicated that, if this proposed rule is 
finalized, they expect to divert 147 shipments to the United States per 
year. Given that there is no consistent indication of the expected 
individual size of these shipments, it is unknown what percentage of 
the total exported tonnage this would represent, or the total quantity 
of these shipments. Lack of information about the quantity of pitahaya 
fruit that would be imported, and about the quantities produced by the 
United States, prevents a clear understanding of what the economic 
effects of the proposed rule may be.

Executive Order 12988

    This proposed rule would allow fresh pitahaya to be imported into 
the continental United States from Ecuador. If this proposed rule is 
adopted, State and local laws and regulations regarding fresh pitahaya 
imported under this rule would be preempted while the fruit is in 
foreign commerce. Fresh fruit 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-
2015-0004. 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 allow the importation of fresh pitahaya fruit into the continental 
United States from Ecuador. As a condition of entry, the fruit would 
have to be produced in accordance with a systems approach that would 
include requirements for fruit fly trapping, pre-harvest inspections, 
production sites, and packinghouse procedures designed to exclude 
quarantine pests. The fruit would also be required to be imported in 
commercial consignments and be accompanied by a phytosanitary 
certificate issued by the NPPO of Ecuador stating that the consignment 
was produced and prepared for export in accordance with the 
requirements in the systems approach.
    This action would allow for the importation of fresh pitahaya fruit 
from Ecuador while continuing to provide

[[Page 20578]]

protection against the introduction of plant pests into the United 
States.
    Allowing the importation of fresh pitahaya fruit into the 
continental United States from Ecuador would require an operational 
workplan, registered production sites, trapping records, inspections, 
monitoring, packinghouse registrations, box labeling, shipping 
documents, 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 0.003 hours per response.
    Respondents: NPPO of Ecuador, producers, and exporters.
    Estimated annual number of respondents: 132.
    Estimated annual number of responses per respondent: 1,367.
    Estimated annual number of responses: 180,561.
    Estimated total annual burden on respondents: 673 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. Kimberly 
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727.

International Trade Data System

    The Security and Accountability for Every Port Act of 2006 \2\ 
(``SAFE Act'') requires the interagency establishment of a single 
portal system, known as the International Trade Data System (ITDS), to 
be operated by U.S. Customs and Border Protection. This unified data 
system electronically collects and distributes import and export data 
required by government agencies that license or clear the import or 
export of goods. ITDS provides individuals and companies involved in 
the international trade of plants and plant products, including 
pitahaya from Ecuador, with an electronic format to secure necessary 
certifications, complete required forms, and provide information about 
the requirements and regulations relevant to the commodity of interest.
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    \2\ Public Law 109-347, October 13, 2006.
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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 319.56-76 is added to read as follows:


Sec.  319.56-76  Pitahaya from Ecuador.

    Fresh pitahaya (Hylocereus spp., Acanthocereus spp., Cereus spp., 
Echinocereus spp., Escontria spp., Myrtillocactus spp., and Stenocereus 
spp.) from Ecuador may be imported into the continental United States 
only under the conditions described in this section. These conditions 
are designed to prevent the introduction of the following quarantine 
pest: Anastrepha fraterculus (Wiedemann), South American fruit fly.
    (a) General requirements. The national plant protection 
organization (NPPO) of Ecuador must provide an operational workplan to 
APHIS that details activities that the NPPO of Ecuador will, subject to 
APHIS' approval of the workplan, carry out to meet the requirements of 
this section. The operational workplan must include and describe the 
specific requirements as set forth in this section.
    (b) Commercial consignments. Pitahaya from Ecuador may be imported 
in commercial consignments only.
    (c) Production site requirements. (1) All production sites that 
participate in the pitahaya export program must be approved by and 
registered with the NPPO of Ecuador in accordance with the operational 
workplan.
    (2) Trees and other structures, other than the crop itself, must 
not shade the crop during the day. No other host of A. fraterculus is 
permitted to be grown within 100 meters of the edge of the field. 
Pitahaya fruit that has fallen on the ground must be removed from the 
place of production at least once every 7 days and may not be included 
in field containers of fruit to be packed for export. Harvested 
pitahayas must be placed in field cartons or containers that are marked 
to show the place of production so that traceback is possible.
    (3) The production sites must be inspected prior to each harvest by 
the NPPO of Ecuador or its approved designee in accordance with the 
operational workplan. An approved designee is an entity with which the 
NPPO creates a formal agreement that allows that entity to certify that 
the appropriate procedures have been followed. If APHIS or the NPPO of 
Ecuador finds that a place of production is not complying with the 
requirements of the systems approach, no fruit from the place of 
production will be eligible for export to the continental United States 
until APHIS and the NPPO of Ecuador conduct an investigation and 
appropriate remedial actions have been implemented.
    (4) The registered production sites must conduct trapping for the 
fruit fly A. fraterculus at each production site in accordance with the 
operational workplan. Personnel conducting the trapping and pest 
surveys must be hired, trained, and supervised by the NPPO of Ecuador. 
The trapping must begin at least 1 year before harvest begins and 
continue through the completion of harvest.
    (5) If more than an average of 0.07 A. fraterculus per trap per day 
is trapped for more than 2 consecutive weeks, the production site will 
be ineligible for export until the rate of capture drops to less than 
that average. If levels exceed that average per trap per day, from 2 
months prior to harvest to the end of the shipping season, the 
production site

[[Page 20579]]

will be prohibited from shipping under the systems approach until APHIS 
and the NPPO of Ecuador both agree that the pest risk has been 
mitigated. As conditions warrant, the average number of A. fraterculus 
per trap per day may be raised or lowered if jointly agreed to between 
APHIS and the NPPO of Ecuador in the operational workplan.
    (6) The NPPO of Ecuador must maintain records of trap placement, 
checking of traps, and any quarantine pest captures in accordance with 
the operational workplan. Trapping records must be maintained for APHIS 
review for at least 1 year.
    (d) Packinghouse requirements. (1) The NPPO of Ecuador must monitor 
packinghouse operations to verify that the packinghouses are complying 
with the requirements of the systems approach. If the NPPO of Ecuador 
finds that a packinghouse is not complying with the requirements of the 
systems approach, no pitahaya fruit from the packinghouse will be 
eligible for export to the continental United States until APHIS and 
the NPPO of Ecuador conduct an investigation and both agree that the 
pest risk has been mitigated.
    (2) All packinghouses that participate in the pitahaya export 
program must be registered with the NPPO of Ecuador.
    (3) The pitahaya fruit must be packed within 24 hours of harvest in 
a pest-exclusionary packinghouse. The pitahaya must be safeguarded by 
an insect-proof mesh screen or plastic tarpaulin while in transit to 
the packinghouse and while awaiting packing. These safeguards must 
remain intact until arrival in the continental United States or the 
consignment will be denied entry.
    (4) During the time the packinghouse is in use for exporting 
pitahaya fruit to the continental United States, the packinghouse may 
only accept pitahaya fruit from registered production sites.
    (e) Phytosanitary inspection. (1) A biometric sample of pitahaya 
fruit (jointly agreed upon by APHIS and the NPPO) must be inspected in 
Ecuador by the NPPO of Ecuador following post-harvest processing. The 
biometric sample must be visually inspected for any quarantine pests, 
and a portion of the fruit will be cut open to detect internal signs of 
A. fraterculus.
    (2) Pitahaya fruit presented for inspection at the port of entry to 
the United States 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, in accordance with the requirements in 
the operational workplan. This identification must be maintained until 
the fruit is released for entry into the continental United States. The 
pitahaya fruit are subject to inspection at the port of entry for all 
quarantine pests of concern, including A. fraterculus. If a single 
larva of A. fraterculus is found in a shipment from a place of 
production (either by the NPPO in Ecuador or by inspectors at the 
continental United States port of entry), the entire lot of fruit will 
be prohibited from export, and the place of production of that fruit 
will be suspended from the export program until appropriate measures 
agreed upon by the NPPO of Ecuador and APHIS have been taken.
    (f) Phytosanitary certificate. Each consignment of pitahaya fruit 
must be accompanied by a phytosanitary certificate issued by the NPPO 
of Ecuador bearing the additional declaration that the consignment was 
produced and prepared for export in accordance with the requirements of 
Sec.  319.56-76.

    Done in Washington, DC, this 5th day of April 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-08189 Filed 4-7-16; 8:45 am]
 BILLING CODE 3410-34-P
20575

Proposed Rules Federal Register
Vol. 81, No. 68

Friday, April 8, 2016

This section of the FEDERAL REGISTER APHIS–2015–0004, Regulatory Analysis The PRA, titled ‘‘Importation of
contains notices to the public of the proposed and Development, PPD, APHIS, Station Pitahaya from Ecuador into the
issuance of rules and regulations. The 3A–03.8, 4700 River Road Unit 118, Continental United States (August
purpose of these notices is to give interested Riverdale, MD 20737–1238. 2013),’’ evaluates the risks associated
persons an opportunity to participate in the Supporting documents and any with the importation of fresh pitahaya
rule making prior to the adoption of the final
comments we receive on this docket fruit from Ecuador into the United
rules.
may be viewed at http:// States. The RMD relies upon the
www.regulations.gov/ findings of the PRA to determine the
DEPARTMENT OF AGRICULTURE #!docketDetail;D=APHIS-2015-0004 or phytosanitary measures necessary to
in our reading room, which is located in ensure the safe importation into the
Animal and Plant Health Inspection room 1141 of the USDA South Building, continental United States of fresh
Service 14th Street and Independence Avenue pitahaya from Ecuador.
SW., Washington, DC. Normal reading The PRA identifies one quarantine
7 CFR Part 319 room hours are 8 a.m. to 4:30 p.m., pest present in Ecuador that could be
Monday through Friday, except introduced into the United States
[Docket No. APHIS–2015–0004] holidays. To be sure someone is there to through the importation of fresh
RIN 0579–AE12 help you, please call (202) 799–7039 pitahaya: Anastrepha fraterculus
before coming. (Wiedemann), South American fruit fly.
Importation of Fresh Pitahaya Fruit FOR FURTHER INFORMATION CONTACT: Ms.
From Ecuador Into the Continental Claudia Ferguson, M.S., Senior A quarantine pest is defined in
United States Regulatory Policy Specialist, Regulatory § 319.56–2 of the regulations as a pest of
Coordination and Compliance, Imports, potential economic importance to the
AGENCY: Animal and Plant Health area endangered thereby and not yet
Inspection Service, USDA. Regulations and Manuals, PPQ, APHIS,
(301) 851–2352; email: present there, or present but not widely
ACTION: Proposed rule. Claudia.Ferguson@aphis.usda.gov. distributed and being officially
controlled. Potential plant pest risks
SUMMARY: We are proposing to amend SUPPLEMENTARY INFORMATION: associated with the importation of fresh
the fruits and vegetables regulations to Background pitahaya from Ecuador into the
allow the importation of fresh pitahaya continental United States were
fruit into the continental United States The regulations in ‘‘Subpart–Fruits
determined by estimating the
from Ecuador. As a condition of entry, and Vegetables’’ (7 CFR 319.56–1
consequences and likelihood of
the fruit would have to be produced in through 319.56–75, referred to below as
introduction of quarantine pests into the
accordance with a systems approach the regulations) prohibit or restrict the
United States and ranking the risk
that would include requirements for importation of fruits and vegetables into
potential as high, medium, or low. The
fruit fly trapping, pre-harvest the United States from certain parts of
PRA rated the insect A. fraterculus as
inspections, approved production sites, the world to prevent the introduction
having a high pest risk potential for
and packinghouse procedures designed and dissemination of plant pests. The
following the pathway of fresh pitahaya
to exclude quarantine pests. The fruit regulations currently do not authorize
from Ecuador into the continental
would also be required to be imported the importation of fresh pitahaya fruit
United States.
in commercial consignments and (sometimes referred to as ‘‘dragon fruit’’)
accompanied by a phytosanitary from Ecuador. APHIS has determined that measures
certificate issued by the national plant The national plant protection beyond standard port of arrival
protection organization of Ecuador organization (NPPO) of Ecuador has inspection are required to mitigate the
stating that the consignment was requested that the Animal and Plant risks posed by this plant pest. Therefore,
produced and prepared for export in Health Inspection Service (APHIS) we are proposing to allow the
accordance with the requirements of the amend the regulations in order to allow importation of fresh pitahaya from
systems approach. This action would fresh fruit of any color of pitahaya Ecuador into the continental United
allow for the importation of fresh (Hylocereus spp., Acanthocereus spp., States produced under a systems
pitahaya from Ecuador while continuing Cereus spp., Echinocereus spp., approach. The RMD prepared for fresh
to provide protection against the Escontria spp., Myrtillocactus spp., and pitahaya from Ecuador identifies a
introduction of plant pests into the Stenocereus spp.) to be imported into systems approach of specific mitigation
United States. the continental United States. (Hereafter measures against the quarantine pest
we refer to these species as ‘‘pitahaya.’’) identified in the PRA and concludes
DATES: We will consider all comments
As part of our evaluation of Ecuador’s that those measures, along with the
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

that we receive on or before June 7, request, we prepared a pest risk general requirements for the importation
2016. assessment (PRA) and a risk of fruits and vegetables in the
ADDRESSES: You may submit comments management document (RMD). Copies regulations, will be sufficient to prevent
by either of the following methods: of the PRA and the RMD may be the introduction of this pest into the
• Federal eRulemaking Portal: Go to obtained from the person listed under United States. Therefore, we are
http://www.regulations.gov/ FOR FURTHER INFORMATION CONTACT or proposing to add the systems approach
#!docketDetail;D=APHIS-2015-0004. viewed on the Regulations.gov Web site to the regulations in a new § 319.56–76.
• Postal Mail/Commercial Delivery: (see ADDRESSES above for instructions The proposed measures are described
Send your comment to Docket No. for accessing Regulations.gov). below.

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20576 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Proposed Rules

General Requirements would have to be removed from the Paragraph (c)(6) of proposed § 319.56–
Paragraph (a) of proposed § 319.56–76 place of production at least once every 76 would require the NPPO of Ecuador
would require the NPPO of Ecuador to 7 days and may not be included in field to maintain records of trap placement,
provide an operational workplan to containers of fruit to be packed for trap checks, and any quarantine pest
APHIS that details the activities that the export. Harvested pitahayas would have captures in accordance with the
NPPO would, subject to APHIS’ to be placed in field cartons or operational workplan. Trapping records
approval of the workplan, carry out to containers that are marked to show the would have to be maintained for APHIS’
meet the requirements of proposed place of production so that traceback is review for at least 1 year.
§ 319.56–76. An operational workplan is possible.
Paragraph (c)(3) of proposed § 319.56– Packinghouse Requirements
an agreement developed between
APHIS’ Plant Protection and Quarantine 76 would require the NPPO of Ecuador We are proposing several
program, officials of the NPPO of a or its approved designee 1 to visit and requirements for packinghouse
foreign government, and, when inspect the production sites prior to activities, which would be contained in
necessary, foreign commercial entities, each harvest in accordance with the paragraph (d) of proposed § 319.56–76.
that specifies in detail the phytosanitary operational workplan. APHIS may also
monitor the places of production if Paragraph (d)(1) would state that the
measures that will be carried out to NPPO of Ecuador must monitor
comply with our regulations governing necessary. If APHIS or the NPPO of
Ecuador finds that a place of production packinghouse operations to verify that
the importation of a specific the packinghouses are complying with
commodity. Operational workplans is not complying with the requirements
of the systems approach, no fruit from the requirements of the systems
apply only to the signatory parties and approach. If the NPPO of Ecuador finds
establish detailed procedures and the place of production will be eligible
for export to the continental United that a packinghouse is not complying
guidance for the day-to-day operations
States until APHIS and the NPPO of with the requirements of the systems
of specific import/export programs.
Ecuador conduct an investigation and approach, no pitahaya fruit from the
Operational workplans also establish
appropriate remedial actions have been packinghouse will be eligible for export
how specific phytosanitary issues are
implemented. to the continental United States until
dealt with in the exporting country and
Paragraph (c)(4) of proposed § 319.56– APHIS and the NPPO of Ecuador
make clear who is responsible for
76 would require trapping for the fruit conduct an investigation and both agree
dealing with those issues. The
fly A. fraterculus at each production site that the pest risk has been mitigated.
implementation of a systems approach
typically requires an operational in accordance with the operational Paragraph (d)(2) would require that
workplan to be developed. workplan. The NPPO of Ecuador would fresh pitahaya be packed in a
Paragraph (b) of proposed § 319.56–76 have to certify that exporting places of packinghouse registered with the NPPO
would require fresh pitahaya from production have effective fruit fly of Ecuador. Such registration would
Ecuador to be imported in commercial trapping programs and follow control facilitate traceback of a consignment of
consignments only. Produce grown guidelines, when necessary, to reduce pitahaya fruit to the packinghouse in
commercially is less likely to be infested regulated pest populations. Personnel which it was packed in the event that
with plant pests than noncommercial conducting the trapping and pest quarantine pests were discovered in the
consignments. Noncommercial surveys would need to be hired, trained, consignment at the port of first arrival
consignments are more prone to and supervised by the NPPO of Ecuador. into the United States.
infestations because the commodity is The trapping would have to begin at
Paragraph (d)(3) would require that
often ripe to overripe, could be of a least 1 year before harvest begins and
continue through the completion of the pitahaya be packed within 24 hours
variety with unknown susceptibility to of harvest in a pest-exclusionary
pests, and is often grown with little or harvest.
packinghouse that meets the
no pest control. Paragraph (c)(5) would state that, if
more than an average of 0.07 A. requirements of the operational
Production Site Requirements fraterculus per trap per day is trapped workplan. The pitahaya would have to
for more than 2 consecutive weeks, the be safeguarded by an insect-proof mesh
Paragraph (c)(1) of proposed § 319.56–
production site would be ineligible for screen or plastic tarpaulin while in
76 would require that all production
export until the rate of capture drops to transit to the packinghouse and while
sites participating in the fresh pitahaya
less than that average. If levels exceed awaiting packing. These safeguards
export program be approved by and
that average, from 2 months prior to would have to remain intact until
registered with the NPPO of Ecuador in
harvest to the end of the shipping arrival in the continental United States
accordance with the requirements of the
season, the production site would be or the consignment would be denied
operational workplan. Such registration
prohibited from shipping under the entry.
would facilitate traceback of a
consignment of pitahayas to the systems approach until APHIS and the Paragraph (d)(4) of proposed
production site in the event that NPPO of Ecuador both agree that the § 319.56–76 would require that during
quarantine pests were discovered in the pest risk has been mitigated. As the time that the packinghouse is in use
consignment at the packinghouse, or at conditions warrant, the average number for exporting fresh pitahayas to the
the first port of arrival into the United of A. fraterculus per trap per day may continental United States, the
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

States. be raised or lowered if jointly agreed to packinghouse would only be allowed to
Paragraph (c)(2) of proposed § 319.56– between APHIS and the NPPO of accept pitahayas from registered
76 would require that trees and other Ecuador in the operational workplan. production sites. This requirement
structures, other than the crop itself, not would prevent such pitahayas intended
shade the crop during the day. No other 1 An approved designee is an entity with which for export to the continental United
host of A. fraterculus would be the NPPO creates a formal agreement that allows States from being exposed to or
that entity to certify that the appropriate procedures
permitted to be grown within 100 have been followed. The approved designee can be
otherwise mixed with pitahayas that are
meters of the edge of the field. Pitahaya a contracted entity, a coalition of growers, or the not produced according to the
fruit that has fallen on the ground growers themselves. requirements of the systems approach.

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Phytosanitary Inspection analysis are available by contacting the understanding of what the economic
Paragraph (e)(1) of proposed § 319.56– person listed under FOR FURTHER effects of the proposed rule may be.
INFORMATION CONTACT or on the
76 would require that a biometric Executive Order 12988
sample of pitahaya fruit jointly agreed Regulations.gov Web site (see
ADDRESSES above for instructions for This proposed rule would allow fresh
upon by APHIS and the NPPO of pitahaya to be imported into the
Ecuador would need to be inspected in accessing Regulations.gov).
Based on the information we have, continental United States from Ecuador.
Ecuador by the NPPO of Ecuador If this proposed rule is adopted, State
following post-harvest processing. The there is no reason to conclude that
adoption of this proposed rule would and local laws and regulations regarding
biometric sample would be visually fresh pitahaya imported under this rule
inspected for any quarantine pests, and result in any significant economic effect
on a substantial number of small would be preempted while the fruit is
a portion of the fruit would be cut open in foreign commerce. Fresh fruit are
to detect internal signs of A. fraterculus. entities. However, we do not currently
have all of the data necessary for a generally imported for immediate
Paragraph (e)(2) would require that distribution and sale to the consuming
fruit presented for inspection at the port comprehensive analysis of the effects of
this proposed rule on small entities. public and would remain in foreign
of entry to the United States be commerce until sold to the ultimate
identified in the shipping documents Therefore, we are inviting comments on
potential effects. In particular, we are consumer. The question of when foreign
accompanying each lot of fruit to commerce ceases in other cases must be
specify the production site or sites, in interested in determining the number
and kind of small entities that may addressed on a case-by-case basis. If this
which the fruit was produced, and the proposed rule is adopted, no retroactive
packing shed or sheds, in which the incur benefits or costs from the
implementation of this proposed rule. effect will be given to this rule, and this
fruit was processed, in accordance with rule will not require administrative
the requirements in the operational The proposed rule would amend the
proceedings before parties may file suit
workplan. This identification would regulations to allow the importation of
in court challenging this rule.
need to be maintained until the fruit is fresh pitahaya (of any color) (Hylocereus
released for entry into the continental spp., Acanthocereus spp., Cereus spp., Paperwork Reduction Act
United States. The pitahaya fruit are Echinocereus spp., Escontria spp., In accordance with section 3507(d) of
subject to inspection at the port of entry Myrtillocactus spp., and Stenocereus the Paperwork Reduction Act of 1995
for all quarantine pests of concern, spp.) from Ecuador into the continental (44 U.S.C. 3501 et seq.), the information
including A. fraterculus. If a single larva United States under a systems approach. collection or recordkeeping
of A. fraterculus is found in a shipment Entities potentially affected by the requirements included in this proposed
from a place of production (either by the proposed rule are U.S. pitahaya fruit rule have been submitted for approval to
NPPO in Ecuador or by inspectors at the growers, of which most, if not all, are the Office of Management and Budget
continental United States port of entry), small entities. (OMB). Please send written comments
the entire lot of fruit would be APHIS has been marginally successful to the Office of Information and
prohibited from entry into the United in acquiring information on the U.S. Regulatory Affairs, OMB, Attention:
States, and the place of production of market for pitahaya fruit. At this point, Desk Officer for APHIS, Washington, DC
that fruit would be suspended from the we do not know the quantity of pitahaya 20503. Please state that your comments
export program until appropriate fruit domestically produced, numbers of refer to Docket No. APHIS–2015–0004.
measures, as agreed upon by the NPPO U.S. producers, the total quantity Please send a copy of your comments to:
of Ecuador and APHIS, have been taken. imported, or other factors needed to (1) APHIS, using one of the methods
assess likely economic effects of this described under ADDRESSES at the
Phytosanitary Certificate rule. Vietnam, the largest exporter of beginning of this document, and (2)
To certify that the fresh pitahaya fruit pitahaya to the United States, shipped Clearance Officer, OCIO, USDA, Room
from Ecuador has been grown and 1,300 metric tons of the fruit to the 404–W, 14th Street and Independence
packed in accordance with the United States in 2013. It is unknown Avenue SW., Washington, DC 20250.
requirements of proposed § 319.56–76, what percentage of the total supply this APHIS is proposing to amend the
paragraph (f) would require each represents. Domestically, pitahaya fruit fruits and vegetables regulations to
consignment of fruit to be accompanied is produced in Hawaii, California, and allow the importation of fresh pitahaya
by a phytosanitary certificate issued by Florida. Hawaii’s pitahaya production is fruit into the continental United States
the NPPO of Ecuador, with an mainly consumed within that State. from Ecuador. As a condition of entry,
additional declaration stating that the The quantity of pitahaya fruit that the fruit would have to be produced in
fruit in the consignment was produced would be imported from Ecuador is accordance with a systems approach
and prepared for export in accordance unknown. In 2014, Ecuador exported that would include requirements for
with the requirements of § 319.56–76. about 165 metric tons of pitahaya to 32 fruit fly trapping, pre-harvest
countries. They have indicated that, if inspections, production sites, and
Executive Order 12866 and Regulatory this proposed rule is finalized, they packinghouse procedures designed to
Flexibility Act expect to divert 147 shipments to the exclude quarantine pests. The fruit
The proposed rule has been United States per year. Given that there would also be required to be imported
determined to be Not Significant for the is no consistent indication of the in commercial consignments and be
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

purposes of Executive Order 12866 and, expected individual size of these accompanied by a phytosanitary
therefore, has not been reviewed by the shipments, it is unknown what certificate issued by the NPPO of
Office of Management and Budget. percentage of the total exported tonnage Ecuador stating that the consignment
In accordance with 5 U.S.C. 603, we this would represent, or the total was produced and prepared for export
have performed an initial regulatory quantity of these shipments. Lack of in accordance with the requirements in
flexibility analysis, which is information about the quantity of the systems approach.
summarized below, regarding the pitahaya fruit that would be imported, This action would allow for the
economic effects of this proposed rule and about the quantities produced by importation of fresh pitahaya fruit from
on small entities. Copies of the full the United States, prevents a clear Ecuador while continuing to provide

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20578 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Proposed Rules

protection against the introduction of information and services, and for other details activities that the NPPO of
plant pests into the United States. purposes. For information pertinent to Ecuador will, subject to APHIS’
Allowing the importation of fresh E-Government Act compliance related approval of the workplan, carry out to
pitahaya fruit into the continental to this proposed rule, please contact Ms. meet the requirements of this section.
United States from Ecuador would Kimberly Hardy, APHIS’ Information The operational workplan must include
require an operational workplan, Collection Coordinator, at (301) 851– and describe the specific requirements
registered production sites, trapping 2727. as set forth in this section.
records, inspections, monitoring, (b) Commercial consignments.
International Trade Data System Pitahaya from Ecuador may be imported
packinghouse registrations, box
labeling, shipping documents, and The Security and Accountability for in commercial consignments only.
phytosanitary certificates. Every Port Act of 2006 2 (‘‘SAFE Act’’) (c) Production site requirements. (1)
We are soliciting comments from the requires the interagency establishment All production sites that participate in
public (as well as affected agencies) of a single portal system, known as the the pitahaya export program must be
concerning our proposed information International Trade Data System (ITDS), approved by and registered with the
collection and recordkeeping to be operated by U.S. Customs and NPPO of Ecuador in accordance with
requirements. These comments will Border Protection. This unified data the operational workplan.
help us: system electronically collects and (2) Trees and other structures, other
(1) Evaluate whether the proposed distributes import and export data than the crop itself, must not shade the
information collection is necessary for required by government agencies that crop during the day. No other host of A.
the proper performance of our agency’s license or clear the import or export of fraterculus is permitted to be grown
functions, including whether the goods. ITDS provides individuals and within 100 meters of the edge of the
information will have practical utility; companies involved in the international field. Pitahaya fruit that has fallen on
(2) Evaluate the accuracy of our trade of plants and plant products, the ground must be removed from the
estimate of the burden of the proposed including pitahaya from Ecuador, with place of production at least once every
information collection, including the an electronic format to secure necessary 7 days and may not be included in field
validity of the methodology and certifications, complete required forms, containers of fruit to be packed for
assumptions used; and provide information about the export. Harvested pitahayas must be
(3) Enhance the quality, utility, and requirements and regulations relevant to placed in field cartons or containers that
clarity of the information to be the commodity of interest. are marked to show the place of
collected; and production so that traceback is possible.
(4) Minimize the burden of the List of Subjects in 7 CFR Part 319 (3) The production sites must be
information collection on those who are Coffee, Cotton, Fruits, Imports, Logs, inspected prior to each harvest by the
to respond (such as through the use of Nursery stock, Plant diseases and pests, NPPO of Ecuador or its approved
appropriate automated, electronic, Quarantine, Reporting and designee in accordance with the
mechanical, or other technological recordkeeping requirements, Rice, operational workplan. An approved
collection techniques or other forms of Vegetables. designee is an entity with which the
information technology; e.g., permitting Accordingly, we propose to amend 7 NPPO creates a formal agreement that
electronic submission of responses). CFR part 319 as follows: allows that entity to certify that the
Estimate of burden: Public reporting appropriate procedures have been
burden for this collection of information PART 319—FOREIGN QUARANTINE followed. If APHIS or the NPPO of
is estimated to average 0.003 hours per NOTICES Ecuador finds that a place of production
response. is not complying with the requirements
Respondents: NPPO of Ecuador, ■ 1. The authority citation for part 319 of the systems approach, no fruit from
producers, and exporters. continues to read as follows: the place of production will be eligible
Estimated annual number of Authority: 7 U.S.C. 450, 7701–7772, and for export to the continental United
respondents: 132. 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR States until APHIS and the NPPO of
Estimated annual number of 2.22, 2.80, and 371.3. Ecuador conduct an investigation and
responses per respondent: 1,367. ■ 2. Section 319.56–76 is added to read appropriate remedial actions have been
Estimated annual number of as follows: implemented.
responses: 180,561. (4) The registered production sites
Estimated total annual burden on § 319.56–76 Pitahaya from Ecuador. must conduct trapping for the fruit fly
respondents: 673 hours. (Due to Fresh pitahaya (Hylocereus spp., A. fraterculus at each production site in
averaging, the total annual burden hours Acanthocereus spp., Cereus spp., accordance with the operational
may not equal the product of the annual Echinocereus spp., Escontria spp., workplan. Personnel conducting the
number of responses multiplied by the Myrtillocactus spp., and Stenocereus trapping and pest surveys must be
reporting burden per response.) spp.) from Ecuador may be imported hired, trained, and supervised by the
Copies of this information collection into the continental United States only NPPO of Ecuador. The trapping must
can be obtained from Ms. Kimberly under the conditions described in this begin at least 1 year before harvest
Hardy, APHIS’ Information Collection section. These conditions are designed begins and continue through the
Coordinator, at (301) 851–2727. to prevent the introduction of the completion of harvest.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

following quarantine pest: Anastrepha (5) If more than an average of 0.07 A.
E-Government Act Compliance fraterculus per trap per day is trapped
fraterculus (Wiedemann), South
The Animal and Plant Health American fruit fly. for more than 2 consecutive weeks, the
Inspection Service is committed to (a) General requirements. The production site will be ineligible for
compliance with the EGovernment Act national plant protection organization export until the rate of capture drops to
to promote the use of the Internet and (NPPO) of Ecuador must provide an less than that average. If levels exceed
other information technologies, to operational workplan to APHIS that that average per trap per day, from 2
provide increased opportunities for months prior to harvest to the end of the
citizen access to Government 2 Public Law 109–347, October 13, 2006. shipping season, the production site

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Document Created: 2018-02-07 13:50:27
Document Modified: 2018-02-07 13:50:27
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 7, 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 20575
RIN Number		0579-AE12
CFR Associated		Coffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables
81 FR 20575 - Importation of Fresh Pitahaya Fruit From Ecuador Into the Continental United States

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

Federal Register Volume 81, Issue 68 (April 8, 2016)

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
