81_FR_59033 81 FR 58867 - Importation of Fresh Raspberry Fruit From Morocco Into the Continental United States

81 FR 58867 - Importation of Fresh Raspberry Fruit From Morocco Into the Continental United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 81, Issue 166 (August 26, 2016)

Page Range58867-58869
FR Document2016-20507

We are proposing to amend the regulations concerning the importation of fruits and vegetables to allow the importation of fresh raspberry fruit from Morocco into the continental United States. As a condition of entry, the raspberries would have to be produced under a systems approach to mitigate for the fungus Monilinia fructigena and would have to be inspected prior to exportation from Morocco and found free of this pest. The raspberries would have to be imported in commercial consignments only, produced at registered places of production, and field inspected for signs of M. fructigena infection no more than 30 days prior to harvest in registered packinghouses. The raspberries would also have to be accompanied by a phytosanitary certificate with an additional declaration stating that the conditions for importation have been met. Raspberry consignments would be subject to further inspection at the port of entry into the continental United States. This action would allow the importation of raspberries from Morocco while continuing to protect against the introduction of plant pests into the United States.

Federal Register, Volume 81 Issue 166 (Friday, August 26, 2016)
[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Proposed Rules]
[Pages 58867-58869]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20507]


========================================================================
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. 166 / Friday, August 26, 2016 / 
Proposed Rules

[[Page 58867]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0053]
RIN 0579-AE22


Importation of Fresh Raspberry Fruit From Morocco Into the 
Continental United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the regulations concerning the 
importation of fruits and vegetables to allow the importation of fresh 
raspberry fruit from Morocco into the continental United States. As a 
condition of entry, the raspberries would have to be produced under a 
systems approach to mitigate for the fungus Monilinia fructigena and 
would have to be inspected prior to exportation from Morocco and found 
free of this pest. The raspberries would have to be imported in 
commercial consignments only, produced at registered places of 
production, and field inspected for signs of M. fructigena infection no 
more than 30 days prior to harvest in registered packinghouses. The 
raspberries would also have to be accompanied by a phytosanitary 
certificate with an additional declaration stating that the conditions 
for importation have been met. Raspberry consignments would be subject 
to further inspection at the port of entry into the continental United 
States. This action would allow the importation of raspberries from 
Morocco while continuing to protect against the introduction of plant 
pests into the United States.

DATES: We will consider all comments that we receive on or before 
October 25, 2016.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0053.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2015-0053, 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-
0053 or in our reading room, which is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Senior 
Regulatory Policy Specialist, Imports, Regulations, and Manuals, PPQ, 
APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-
2352.

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 that are new to or not 
widely distributed within the United States.
    The national plant protection organization (NPPO) of Morocco has 
requested that the Animal and Plant Health Inspection Service (APHIS) 
amend the regulations to allow fresh raspberry fruit from Morocco to be 
imported into the continental United States.
    As part of our evaluation of Morocco's request, we prepared a 
pathway initiated pest risk assessment (PRA), titled ``Importation of 
Fresh Fruit of Raspberry (Rubus idaeus L.) into the Continental United 
States from Morocco'' (February 2013). The PRA evaluated the risks 
associated with the importation of raspberries into the continental 
United States from Morocco.
    The PRA identified one pest of quarantine significance present in 
Morocco that could be introduced into the United States through the 
importation of raspberries. According to our PRA, this pest, a fungus 
(Monilinia fructigena Honey ex Whetzel), is rated as high risk 
potential. Pests with high pest risk potential generally require 
measures in addition to inspection at the port of entry to mitigate 
risk.
    APHIS prepared a risk management document (RMD) for the importation 
of fresh raspberry fruit from Morocco that identifies a systems 
approach of specific mitigation measures against the quarantine pest 
and concludes that those measures, along with the general requirements 
for the importation of fruits and vegetable, will be sufficient to 
prevent the introduction of the pest into the continental United 
States. Copies of the PRA and 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).
    Based on the recommendations of the RMD, we are proposing to allow 
the importation of raspberries from Morocco into the continental United 
States only if they are produced in accordance with a systems approach. 
The systems approach we are proposing would be added to the regulations 
in a new Sec.  319.56-76. The proposed measures are described below.

General Requirements

    Paragraph (a) of proposed Sec.  319.56-76 would set out general 
requirements for the NPPO of Morocco and for growers producing fresh 
raspberries for export to the continental United States.
    Paragraph (a)(1) of proposed Sec.  319.56-76 would require the NPPO 
of Morocco 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

[[Page 58868]]

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 (a)(2) of proposed Sec.  319.56-76 would state that 
raspberries from Moroccan can be imported in commercial consignments 
only. Produce grown commercially is less likely to be infested with 
plant pests than noncommercial shipments. Noncommercial shipments are 
more prone to infestations because the commodity is often ripe to 
overripe, could be of a variety with unknown susceptibility to pests, 
and is often grown with little or no pest control. Commercial 
consignments, as defined in Sec.  319.56-2, are consignments that an 
inspector identifies as having been imported for sale and distribution. 
Such identification is based on a variety of indicators, including, but 
not limited to: Quantity of produce, type of packaging, identification 
of grower or packinghouse on the packaging, and documents consigning 
the fruits or vegetables to a wholesaler or retailer.

Places of Production Requirements

    Paragraph (b)(1) would require raspberries to be grown at a place 
of production that is registered with the NPPO of Morocco. All 
production sites participating in the raspberry export program would be 
required to register with the NPPO of Morocco. Registering places of 
production would allow APHIS and the NPPO of Morocco to trace back 
consignments of raspberries to the orchard of origin if a pest or 
disease of concern is detected after harvest.
    M. fructigena is the most common cause of fruit rot in the fruit 
orchards in Europe and Asia, causing characteristic brown rot symptoms 
that can easily be identified during visual inspections. Therefore, 
proposed paragraph (b)(2) would require that, no more than 30 days 
prior to harvest, raspberries be inspected in the field by the NPPO of 
Morocco for signs of M. fructigena infection. If the fungal disease is 
detected, the NPPO of Morocco would have to notify APHIS, at which 
point APHIS will prohibit the importation of raspberries into the 
continental United States from the place of production for the 
remainder of the season. The place of production may resume shipments 
of raspberries to the United States in the next growing season if an 
investigation is conducted and APHIS and the NPPO of Morocco agree that 
appropriate remedial actions have been taken.

Packinghouse Requirement

    Paragraph (c)(1) of proposed Sec.  319.56-76 would require that 
raspberries be packed in packinghouses that are registered with the 
NPPO of Morocco. Paragraph (c)(2) would state that the detection of M. 
fructigena infection at a packinghouse may result in the suspension of 
the packinghouse until an investigation is conducted and APHIS and the 
NPPO of Morocco agree to appropriate remedial measures.

Phytosanitary Certificate

    The NPPO of Morocco would be responsible for export certification, 
inspection, and issuance of a phytosanitary certificate. Paragraph (d) 
of proposed Sec.  319.56-76 would require each consignment of 
raspberries imported from Morocco into the continental United States to 
be accompanied by a phytosanitary certificate issued by the NPPO of 
Morocco with an additional declaration stating that the requirements of 
Sec.  319.56-76 have been met and the consignment has been inspected 
and found free of M. fructigena.
    Under the general conditions for the importation of fruits and 
vegetables in Sec.  319.56-3, each consignment of raspberries would be 
subject to further inspection at the port of entry into the United 
States.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov).
    The proposed rule would allow importation into the continental 
United States of fresh raspberries (Rubus idaeus L.) from Morocco under 
certain phytosanitary restrictions. Morocco produces around 4,000 
metric tons (MT) of fresh raspberries per year. Between 2012 and 2014, 
Morocco exported a yearly average of about 3,650 MT of raspberries, 
mostly to Europe due to proximity and lower shipping costs. Morocco 
expects to export between 200 and 500 MT of fresh raspberries to the 
United States annually. At $1,580 per MT, the estimated value of these 
imports would be between $316,000 and $790,000.
    The majority of U.S. raspberry farms are in three States: 
California, Oregon, and Washington. They are classified within the 
North American Industry Classification System (NAICS) 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 fruit crops sold by farms in this category was less than 
$135,000. We infer that most fresh raspberry production is by small 
entities.
    In 2014, U.S. fresh raspberry production totaled 55,130 MT. Annual 
imports from Morocco of between 200 and 500 MT would be the equivalent 
of between 0.4 and 0.9 percent of U.S. fresh raspberry production.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action is not 
expected to affect the economy of the United States or to negatively 
affect producers of raspberries in the United States.

Executive Order 12988

    This proposed rule would allow fresh raspberry fruit to be imported 
into the continental United States from Morocco under a systems 
approach. If this proposed rule is adopted, State and local laws and 
regulations regarding raspberries imported under this rule would be 
preempted while the fruit is in foreign commerce. Fresh fruits are 
generally imported for immediate distribution and sale to the consuming 
public and would remain in foreign commerce until sold to the ultimate 
consumer. The question of when foreign commerce ceases in other cases 
must be addressed on a case-by-case basis. If this proposed rule is 
adopted, no retroactive effect will be given to this rule, and this 
rule will not require administrative proceedings before parties may 
file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), reporting and recordkeeping 
requirements included in this proposed rule have been submitted for 
approval to the Office of Management and Budget (OMB). Please send 
comments on the Information Collection Request (ICR) to OMB's

[[Page 58869]]

Office of Information and Regulatory Affairs via email to 
[email protected], Attention: Desk Officer for APHIS, 
Washington, DC 20503. Please state that your comments refer to Docket 
No. APHIS-2015-0053. Please send a copy of your comments to APHIS using 
one of the methods described under ADDRESSES at the beginning of this 
document.
    This proposed rule would amend the fruits and vegetables 
regulations to allow the importation of fresh raspberry fruit from 
Morocco into the continental United States. As a condition of entry, 
the raspberries would have to be produced under a systems approach 
employing a combination of mitigation measures for one quarantine pest 
and would have to be inspected prior to exportation from Morocco and 
found free of this pest. The raspberries would have to be imported in 
commercial consignments and accompanied by a phytosanitary certificate 
with an additional declaration stating that the conditions for 
importation have been met.
    Implementing this rulemaking would require additional information 
collection activities, such as production site and packinghouse 
registration, inspection, operational workplan, and the completion of a 
phytosanitary certificate.
    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 0.667 hours per response.
    Respondents: Foreign business and the NPPO of Morocco.
    Estimated annual number of respondents: 5.
    Estimated annual number of responses per respondent: 102.6.
    Estimated annual number of responses: 513.
    Estimated total annual burden on respondents: 342 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.)
    A copy of the information collection may be viewed on the 
Regulations.gov Web site or in our reading room. (A link to 
Regulations.gov and information on the location and hours of the 
reading room are provided under the heading ADDRESSES at the beginning 
of this proposed rule.) Copies can also be obtained from Ms. Kimberly 
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727. 
APHIS will respond to any ICR-related comments in the final rule. All 
comments will also become a matter of public record.

E-Government Act Compliance

    APHIS 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.

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 proposing 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  Fresh raspberries from Morocco.

    Fresh fruit of raspberry (Rubus idaeus L.) may be imported into the 
continental United States from Morocco only under the conditions listed 
in this section. These conditions are designed to prevent the 
introduction of the fungus Monilinia fructigena Honey ex Whetzel.
    (a) General requirements. (1) The national plant protection 
organization (NPPO) of Morocco must develop an operational workplan, 
subject to APHIS approval, that details the activities that the NPPO of 
Morocco would carry out to meet the requirements of this section.
    (2) The raspberries may be imported in commercial consignments 
only.
    (b) Places of production requirements. (1) Raspberry fruit must be 
grown at a place of production that is registered with the NPPO of 
Morocco.
    (2) During the growing season, raspberries must be inspected in the 
field by the NPPO of Morocco for signs of M. fructigena infection no 
more than 30 days prior to harvest. If the fungal disease is detected, 
the NPPO of Morocco must notify APHIS. APHIS will prohibit the 
importation of raspberries from Morocco into the continental United 
States from the place of production for the remainder of the growing 
season. The exportation of raspberries from the rejected place of 
production may resume in the next growing season if an investigation is 
conducted and APHIS and the NPPO of Morocco agree that appropriate 
remedial actions have been taken.
    (c) Packinghouse requirements. (1) Raspberries must be packed in 
packinghouses that are registered with the NPPO of Morocco.
    (2) Detection of M. fructigena infection at a packinghouse may 
result in the suspension of the packinghouse until an investigation is 
conducted and APHIS and the NPPO of Morocco agree to appropriate 
remedial measures.
    (d) Phytosanitary certificate. Each consignment of raspberries must 
be accompanied by a phytosanitary certificate issued by the NPPO of 
Morocco with an additional declaration stating that the conditions of 
this section have been met, and that the consignment has been inspected 
prior to export from Morocco and found free of M. fructigena.

    Done in Washington, DC, this 22nd day of August 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-20507 Filed 8-25-16; 8:45 am]
 BILLING CODE 3410-34-P



                                                                                                                                                                                                     58867

                                                    Proposed Rules                                                                                                Federal Register
                                                                                                                                                                  Vol. 81, No. 166

                                                                                                                                                                  Friday, August 26, 2016



                                                    This section of the FEDERAL REGISTER                      • Federal eRulemaking Portal: Go to                 Morocco that could be introduced into
                                                    contains notices to the public of the proposed          http://www.regulations.gov/#!docket                   the United States through the
                                                    issuance of rules and regulations. The                  Detail;D=APHIS-2015-0053.                             importation of raspberries. According to
                                                    purpose of these notices is to give interested            • Postal Mail/Commercial Delivery:                  our PRA, this pest, a fungus (Monilinia
                                                    persons an opportunity to participate in the            Send your comment to Docket No.                       fructigena Honey ex Whetzel), is rated
                                                    rule making prior to the adoption of the final
                                                                                                            APHIS–2015–0053, Regulatory Analysis                  as high risk potential. Pests with high
                                                    rules.
                                                                                                            and Development, PPD, APHIS, Station                  pest risk potential generally require
                                                                                                            3A–03.8, 4700 River Road Unit 118,                    measures in addition to inspection at
                                                    DEPARTMENT OF AGRICULTURE                               Riverdale, MD 20737–1238.                             the port of entry to mitigate risk.
                                                                                                              Supporting documents and any                           APHIS prepared a risk management
                                                    Animal and Plant Health Inspection                      comments we receive on this docket                    document (RMD) for the importation of
                                                    Service                                                 may be viewed at http://www.                          fresh raspberry fruit from Morocco that
                                                                                                            regulations.gov/#!docketDetail;D=                     identifies a systems approach of specific
                                                    7 CFR Part 319                                          APHIS-2015-0053 or in our reading                     mitigation measures against the
                                                                                                            room, which is located in room 1141 of                quarantine pest and concludes that
                                                    [Docket No. APHIS–2015–0053]                            the USDA South Building, 14th Street                  those measures, along with the general
                                                                                                            and Independence Avenue SW.,                          requirements for the importation of
                                                    RIN 0579–AE22
                                                                                                            Washington, DC. Normal reading room                   fruits and vegetable, will be sufficient to
                                                    Importation of Fresh Raspberry Fruit                    hours are 8 a.m. to 4:30 p.m., Monday                 prevent the introduction of the pest into
                                                    From Morocco Into the Continental                       through Friday, except holidays. To be                the continental United States. Copies of
                                                    United States                                           sure someone is there to help you,                    the PRA and RMD may be obtained from
                                                                                                            please call (202) 799–7039 before                     the person listed under FOR FURTHER
                                                    AGENCY:  Animal and Plant Health                        coming.                                               INFORMATION CONTACT or viewed on the
                                                    Inspection Service, USDA.                                                                                     Regulations.gov Web site (see
                                                                                                            FOR FURTHER INFORMATION CONTACT: Ms.
                                                    ACTION: Proposed rule.                                                                                        ADDRESSES above for instructions for
                                                                                                            Claudia Ferguson, Senior Regulatory
                                                                                                                                                                  accessing Regulations.gov).
                                                    SUMMARY:   We are proposing to amend                    Policy Specialist, Imports, Regulations,                 Based on the recommendations of the
                                                    the regulations concerning the                          and Manuals, PPQ, APHIS, 4700 River                   RMD, we are proposing to allow the
                                                    importation of fruits and vegetables to                 Road Unit 133, Riverdale, MD 20737–                   importation of raspberries from Morocco
                                                    allow the importation of fresh raspberry                1231; (301) 851–2352.                                 into the continental United States only
                                                    fruit from Morocco into the continental                 SUPPLEMENTARY INFORMATION:                            if they are produced in accordance with
                                                    United States. As a condition of entry,                 Background                                            a systems approach. The systems
                                                    the raspberries would have to be                                                                              approach we are proposing would be
                                                    produced under a systems approach to                       The regulations in ‘‘Subpart—Fruits                added to the regulations in a new
                                                    mitigate for the fungus Monilinia                       and Vegetables’’ (7 CFR 319.56–1                      § 319.56–76. The proposed measures are
                                                    fructigena and would have to be                         through 319.56–75, referred to below as               described below.
                                                    inspected prior to exportation from                     the regulations) prohibit or restrict the
                                                                                                            importation of fruits and vegetables into             General Requirements
                                                    Morocco and found free of this pest. The
                                                    raspberries would have to be imported                   the United States from certain parts of                 Paragraph (a) of proposed § 319.56–76
                                                    in commercial consignments only,                        the world to prevent the introduction                 would set out general requirements for
                                                    produced at registered places of                        and dissemination of plant pests that are             the NPPO of Morocco and for growers
                                                    production, and field inspected for signs               new to or not widely distributed within               producing fresh raspberries for export to
                                                    of M. fructigena infection no more than                 the United States.                                    the continental United States.
                                                                                                               The national plant protection                        Paragraph (a)(1) of proposed § 319.56–
                                                    30 days prior to harvest in registered
                                                                                                            organization (NPPO) of Morocco has                    76 would require the NPPO of Morocco
                                                    packinghouses. The raspberries would
                                                                                                            requested that the Animal and Plant                   to provide an operational workplan to
                                                    also have to be accompanied by a
                                                                                                            Health Inspection Service (APHIS)                     APHIS that details the activities that the
                                                    phytosanitary certificate with an
                                                                                                            amend the regulations to allow fresh                  NPPO would, subject to APHIS’
                                                    additional declaration stating that the
                                                                                                            raspberry fruit from Morocco to be                    approval of the workplan, carry out to
                                                    conditions for importation have been
                                                                                                            imported into the continental United                  meet the requirements of proposed
                                                    met. Raspberry consignments would be
                                                                                                            States.                                               § 319.56–76. An operational workplan is
                                                    subject to further inspection at the port
                                                                                                               As part of our evaluation of Morocco’s             an agreement developed between
                                                    of entry into the continental United
                                                                                                            request, we prepared a pathway                        APHIS’ Plant Protection and Quarantine
                                                    States. This action would allow the
                                                                                                            initiated pest risk assessment (PRA),                 program, officials of the NPPO of a
                                                    importation of raspberries from Morocco
                                                                                                            titled ‘‘Importation of Fresh Fruit of                foreign government, and, when
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    while continuing to protect against the
                                                                                                            Raspberry (Rubus idaeus L.) into the                  necessary, foreign commercial entities,
                                                    introduction of plant pests into the
                                                                                                            Continental United States from                        that specifies in detail the phytosanitary
                                                    United States.
                                                                                                            Morocco’’ (February 2013). The PRA                    measures that will be carried out to
                                                    DATES: We will consider all comments                    evaluated the risks associated with the               comply with our regulations governing
                                                    that we receive on or before October 25,                importation of raspberries into the                   the importation of a specific
                                                    2016.                                                   continental United States from Morocco.               commodity. Operational workplans
                                                    ADDRESSES: You may submit comments                         The PRA identified one pest of                     apply only to the signatory parties and
                                                    by either of the following methods:                     quarantine significance present in                    establish detailed procedures and


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                                                    58868                   Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Proposed Rules

                                                    guidance for the day-to-day operations                  is conducted and APHIS and the NPPO                   Morocco expects to export between 200
                                                    of specific import/export programs.                     of Morocco agree that appropriate                     and 500 MT of fresh raspberries to the
                                                    Operational workplans also establish                    remedial actions have been taken.                     United States annually. At $1,580 per
                                                    how specific phytosanitary issues are                                                                         MT, the estimated value of these
                                                                                                            Packinghouse Requirement
                                                    dealt with in the exporting country and                                                                       imports would be between $316,000 and
                                                    make clear who is responsible for                         Paragraph (c)(1) of proposed § 319.56–              $790,000.
                                                    dealing with those issues. The                          76 would require that raspberries be                     The majority of U.S. raspberry farms
                                                    implementation of a systems approach                    packed in packinghouses that are                      are in three States: California, Oregon,
                                                    typically requires an operational                       registered with the NPPO of Morocco.                  and Washington. They are classified
                                                    workplan to be developed.                               Paragraph (c)(2) would state that the                 within the North American Industry
                                                      Paragraph (a)(2) of proposed § 319.56–                detection of M. fructigena infection at a             Classification System (NAICS) under
                                                    76 would state that raspberries from                    packinghouse may result in the                        ‘‘Berry except Strawberry Farming’’
                                                    Moroccan can be imported in                             suspension of the packinghouse until an               (NAICS 111334). For this industry
                                                    commercial consignments only. Produce                   investigation is conducted and APHIS                  classification, a business is considered
                                                    grown commercially is less likely to be                 and the NPPO of Morocco agree to                      to be a small entity if its annual receipts
                                                    infested with plant pests than                          appropriate remedial measures.                        are not more than $750,000. The average
                                                    noncommercial shipments.                                                                                      2012 market value of fruit crops sold by
                                                                                                            Phytosanitary Certificate
                                                    Noncommercial shipments are more                                                                              farms in this category was less than
                                                    prone to infestations because the                         The NPPO of Morocco would be                        $135,000. We infer that most fresh
                                                    commodity is often ripe to overripe,                    responsible for export certification,                 raspberry production is by small
                                                    could be of a variety with unknown                      inspection, and issuance of a                         entities.
                                                    susceptibility to pests, and is often                   phytosanitary certificate. Paragraph (d)                 In 2014, U.S. fresh raspberry
                                                    grown with little or no pest control.                   of proposed § 319.56–76 would require                 production totaled 55,130 MT. Annual
                                                    Commercial consignments, as defined in                  each consignment of raspberries                       imports from Morocco of between 200
                                                    § 319.56–2, are consignments that an                    imported from Morocco into the                        and 500 MT would be the equivalent of
                                                    inspector identifies as having been                     continental United States to be                       between 0.4 and 0.9 percent of U.S.
                                                    imported for sale and distribution. Such                accompanied by a phytosanitary                        fresh raspberry production.
                                                    identification is based on a variety of                 certificate issued by the NPPO of                        Under these circumstances, the
                                                    indicators, including, but not limited to:              Morocco with an additional declaration                Administrator of the Animal and Plant
                                                    Quantity of produce, type of packaging,                 stating that the requirements of                      Health Inspection Service has
                                                    identification of grower or packinghouse                § 319.56–76 have been met and the                     determined that this action is not
                                                    on the packaging, and documents                         consignment has been inspected and                    expected to affect the economy of the
                                                    consigning the fruits or vegetables to a                found free of M. fructigena.                          United States or to negatively affect
                                                    wholesaler or retailer.                                   Under the general conditions for the                producers of raspberries in the United
                                                                                                            importation of fruits and vegetables in               States.
                                                    Places of Production Requirements
                                                                                                            § 319.56–3, each consignment of
                                                       Paragraph (b)(1) would require                                                                             Executive Order 12988
                                                                                                            raspberries would be subject to further
                                                    raspberries to be grown at a place of                   inspection at the port of entry into the                 This proposed rule would allow fresh
                                                    production that is registered with the                  United States.                                        raspberry fruit to be imported into the
                                                    NPPO of Morocco. All production sites                                                                         continental United States from Morocco
                                                    participating in the raspberry export                   Executive Order 12866 and Regulatory                  under a systems approach. If this
                                                    program would be required to register                   Flexibility Act                                       proposed rule is adopted, State and
                                                    with the NPPO of Morocco. Registering                     This proposed rule has been                         local laws and regulations regarding
                                                    places of production would allow                        determined to be not significant for the              raspberries imported under this rule
                                                    APHIS and the NPPO of Morocco to                        purposes of Executive Order 12866 and,                would be preempted while the fruit is
                                                    trace back consignments of raspberries                  therefore, has not been reviewed by the               in foreign commerce. Fresh fruits are
                                                    to the orchard of origin if a pest or                   Office of Management and Budget.                      generally imported for immediate
                                                    disease of concern is detected after                      In accordance with the Regulatory                   distribution and sale to the consuming
                                                    harvest.                                                Flexibility Act, we have analyzed the                 public and would remain in foreign
                                                       M. fructigena is the most common                     potential economic effects of this action             commerce until sold to the ultimate
                                                    cause of fruit rot in the fruit orchards in             on small entities. The analysis is                    consumer. The question of when foreign
                                                    Europe and Asia, causing characteristic                 summarized below. Copies of the full                  commerce ceases in other cases must be
                                                    brown rot symptoms that can easily be                   analysis are available by contacting the              addressed on a case-by-case basis. If this
                                                    identified during visual inspections.                   person listed under FOR FURTHER                       proposed rule is adopted, no retroactive
                                                    Therefore, proposed paragraph (b)(2)                    INFORMATION CONTACT or on the                         effect will be given to this rule, and this
                                                    would require that, no more than 30                     Regulations.gov Web site (see                         rule will not require administrative
                                                    days prior to harvest, raspberries be                   ADDRESSES above for instructions for                  proceedings before parties may file suit
                                                    inspected in the field by the NPPO of                   accessing Regulations.gov).                           in court challenging this rule.
                                                    Morocco for signs of M. fructigena                        The proposed rule would allow
                                                    infection. If the fungal disease is                     importation into the continental United               Paperwork Reduction Act
                                                    detected, the NPPO of Morocco would                     States of fresh raspberries (Rubus idaeus               In accordance with section 3507(d) of
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                                                    have to notify APHIS, at which point                    L.) from Morocco under certain                        the Paperwork Reduction Act of 1995
                                                    APHIS will prohibit the importation of                  phytosanitary restrictions. Morocco                   (44 U.S.C. 3501 et seq.), reporting and
                                                    raspberries into the continental United                 produces around 4,000 metric tons (MT)                recordkeeping requirements included in
                                                    States from the place of production for                 of fresh raspberries per year. Between                this proposed rule have been submitted
                                                    the remainder of the season. The place                  2012 and 2014, Morocco exported a                     for approval to the Office of
                                                    of production may resume shipments of                   yearly average of about 3,650 MT of                   Management and Budget (OMB). Please
                                                    raspberries to the United States in the                 raspberries, mostly to Europe due to                  send comments on the Information
                                                    next growing season if an investigation                 proximity and lower shipping costs.                   Collection Request (ICR) to OMB’s


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                                                                            Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Proposed Rules                                                58869

                                                    Office of Information and Regulatory                      Estimated annual number of                          prevent the introduction of the fungus
                                                    Affairs via email to oira_submissions@                  respondents: 5.                                       Monilinia fructigena Honey ex Whetzel.
                                                    omb.eop.gov, Attention: Desk Officer for                  Estimated annual number of                             (a) General requirements. (1) The
                                                    APHIS, Washington, DC 20503. Please                     responses per respondent: 102.6.
                                                                                                                                                                  national plant protection organization
                                                    state that your comments refer to Docket                  Estimated annual number of
                                                                                                            responses: 513.                                       (NPPO) of Morocco must develop an
                                                    No. APHIS–2015–0053. Please send a
                                                                                                              Estimated total annual burden on                    operational workplan, subject to APHIS
                                                    copy of your comments to APHIS using
                                                                                                            respondents: 342 hours. (Due to                       approval, that details the activities that
                                                    one of the methods described under
                                                    ADDRESSES at the beginning of this                      averaging, the total annual burden hours              the NPPO of Morocco would carry out
                                                    document.                                               may not equal the product of the annual               to meet the requirements of this section.
                                                       This proposed rule would amend the                   number of responses multiplied by the                    (2) The raspberries may be imported
                                                    fruits and vegetables regulations to                    reporting burden per response.)                       in commercial consignments only.
                                                    allow the importation of fresh raspberry                  A copy of the information collection
                                                                                                                                                                     (b) Places of production requirements.
                                                    fruit from Morocco into the continental                 may be viewed on the Regulations.gov
                                                                                                            Web site or in our reading room. (A link              (1) Raspberry fruit must be grown at a
                                                    United States. As a condition of entry,                                                                       place of production that is registered
                                                    the raspberries would have to be                        to Regulations.gov and information on
                                                                                                            the location and hours of the reading                 with the NPPO of Morocco.
                                                    produced under a systems approach
                                                    employing a combination of mitigation                   room are provided under the heading                      (2) During the growing season,
                                                    measures for one quarantine pest and                    ADDRESSES at the beginning of this                    raspberries must be inspected in the
                                                    would have to be inspected prior to                     proposed rule.) Copies can also be                    field by the NPPO of Morocco for signs
                                                    exportation from Morocco and found                      obtained from Ms. Kimberly Hardy,                     of M. fructigena infection no more than
                                                    free of this pest. The raspberries would                APHIS’ Information Collection                         30 days prior to harvest. If the fungal
                                                    have to be imported in commercial                       Coordinator, at (301) 851–2727. APHIS                 disease is detected, the NPPO of
                                                    consignments and accompanied by a                       will respond to any ICR-related                       Morocco must notify APHIS. APHIS
                                                    phytosanitary certificate with an                       comments in the final rule. All                       will prohibit the importation of
                                                    additional declaration stating that the                 comments will also become a matter of                 raspberries from Morocco into the
                                                    conditions for importation have been                    public record.                                        continental United States from the place
                                                    met.                                                    E-Government Act Compliance                           of production for the remainder of the
                                                       Implementing this rulemaking would                                                                         growing season. The exportation of
                                                                                                              APHIS is committed to compliance
                                                    require additional information                                                                                raspberries from the rejected place of
                                                                                                            with the EGovernment Act to promote
                                                    collection activities, such as production                                                                     production may resume in the next
                                                                                                            the use of the Internet and other
                                                    site and packinghouse registration,                                                                           growing season if an investigation is
                                                                                                            information technologies, to provide
                                                    inspection, operational workplan, and                                                                         conducted and APHIS and the NPPO of
                                                                                                            increased opportunities for citizen
                                                    the completion of a phytosanitary                                                                             Morocco agree that appropriate remedial
                                                                                                            access to Government information and
                                                    certificate.                                                                                                  actions have been taken.
                                                                                                            services, and for other purposes. For
                                                       We are soliciting comments from the
                                                                                                            information pertinent to E-Government                    (c) Packinghouse requirements. (1)
                                                    public (as well as affected agencies)
                                                                                                            Act compliance related to this proposed               Raspberries must be packed in
                                                    concerning our proposed information
                                                                                                            rule, please contact Ms. Kimberly                     packinghouses that are registered with
                                                    collection and recordkeeping
                                                                                                            Hardy, APHIS’ Information Collection                  the NPPO of Morocco.
                                                    requirements. These comments will
                                                                                                            Coordinator, at (301) 851–2727.
                                                    help us:                                                                                                         (2) Detection of M. fructigena
                                                       (1) Evaluate whether the proposed                    Lists of Subjects in 7 CFR Part 319                   infection at a packinghouse may result
                                                    information collection is necessary for                   Coffee, Cotton, Fruits, Imports, Logs,              in the suspension of the packinghouse
                                                    the proper performance of our agency’s                  Nursery stock, Plant diseases and pests,              until an investigation is conducted and
                                                    functions, including whether the                        Quarantine, Reporting and                             APHIS and the NPPO of Morocco agree
                                                    information will have practical utility;                recordkeeping requirements, Rice,                     to appropriate remedial measures.
                                                       (2) Evaluate the accuracy of our                     Vegetables.
                                                    estimate of the burden of the proposed                                                                           (d) Phytosanitary certificate. Each
                                                                                                              Accordingly, we are proposing to                    consignment of raspberries must be
                                                    information collection, including the
                                                                                                            amend 7 CFR part 319 as follows:                      accompanied by a phytosanitary
                                                    validity of the methodology and
                                                    assumptions used;                                                                                             certificate issued by the NPPO of
                                                                                                            PART 319—FOREIGN QUARANTINE
                                                       (3) Enhance the quality, utility, and                                                                      Morocco with an additional declaration
                                                                                                            NOTICES
                                                    clarity of the information to be                                                                              stating that the conditions of this
                                                    collected; and                                          ■ 1. The authority citation for part 319              section have been met, and that the
                                                       (4) Minimize the burden of the                       continues to read as follows:                         consignment has been inspected prior to
                                                    information collection on those who are                   Authority: 7 U.S.C. 450, 7701–7772, and
                                                                                                                                                                  export from Morocco and found free of
                                                    to respond (such as through the use of                  7781–7786; 21 U.S.C. 136 and 136a; 7 CFR              M. fructigena.
                                                    appropriate automated, electronic,                      2.22, 2.80, and 371.3.                                  Done in Washington, DC, this 22nd day of
                                                    mechanical, or other technological                      ■ 2. Section 319.56–76 is added to read               August 2016.
                                                    collection techniques or other forms of
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                                                                                                            as follows:                                           Kevin Shea,
                                                    information technology; e.g., permitting
                                                    electronic submission of responses).                                                                          Administrator, Animal and Plant Health
                                                                                                            § 319.56–76       Fresh raspberries from
                                                                                                            Morocco.                                              Inspection Service.
                                                       Estimate of burden: Public reporting
                                                                                                                                                                  [FR Doc. 2016–20507 Filed 8–25–16; 8:45 am]
                                                    burden for this collection of information                 Fresh fruit of raspberry (Rubus idaeus
                                                    is estimated to average 0.667 hours per                 L.) may be imported into the continental              BILLING CODE 3410–34–P
                                                    response.                                               United States from Morocco only under
                                                       Respondents: Foreign business and                    the conditions listed in this section.
                                                    the NPPO of Morocco.                                    These conditions are designed to


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Document Created: 2016-08-26 10:41:11
Document Modified: 2016-08-26 10:41:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWe will consider all comments that we receive on or before October 25, 2016.
ContactMs. Claudia Ferguson, Senior Regulatory Policy Specialist, Imports, Regulations, and Manuals, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 851- 2352.
FR Citation81 FR 58867 
RIN Number0579-AE22
CFR AssociatedCoffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables

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