81 FR 58870 - Importation of Fresh Persimmons From New Zealand Into the United States
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service Federal Register Volume 81, Issue 166 (August 26, 2016)
Animal and Plant Health Inspection Service
Federal Register Volume 81, Issue 166 (August 26, 2016)
| Page Range | 58870-58873 | |
| FR Document | 2016-20508 |
[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)] [Proposed Rules] [Pages 58870-58873] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20508] [[Page 58870]] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2015-0052] RIN 0579-AE26 Importation of Fresh Persimmons From New Zealand Into the 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 persimmons from New Zealand into the United States. As a condition of entry, the persimmons would have to be produced in accordance with a systems approach that would include requirements for orchard certification, orchard pest control, post harvest safeguards, fruit culling, traceback, sampling, and treatment with either hot water or modified atmosphere treatment. The persimmons would also have to be accompanied by a phytosanitary certificate with an additional declaration stating that they were produced under, and meet all the components of, the systems approach and were inspected and found to be free of quarantine pests in accordance with the proposed requirements. This action would allow the importation of fresh persimmons from New Zealand 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-2015-0052. Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2015-0052, 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- 0052 or in our reading room, which is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming. FOR FURTHER INFORMATION CONTACT: Mr. David B. Lamb, Senior Regulatory Policy Specialist, IRM, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-2103. 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 New Zealand has requested that the Animal and Plant Health Inspection Service (APHIS) amend the regulations to allow fresh persimmons (Diospyros kaki Thunb.) from New Zealand to be imported into the United States. As part of our evaluation of New Zealand'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 Persimmon, Diospyros kaki Thunb., as Fresh Fruit from New Zealand into the Entire United States, Including Hawaii and U.S. Territories'' (April 23, 2012) evaluates the risks associated with the importation of fresh persimmons from New Zealand 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 United States of fresh persimmons from New Zealand. The PRA identified nine pests of quarantine significance present in New Zealand that could be introduced into the United States through the importation of fresh persimmons: The leafroller moths Cnephasia jactatana (Walker), Ctenopseustis herana (Felder and Rogenhofer), Ctenopseustis obliquana (Walker), Epiphyas postvittana (Walker), Planotortrix excessana (Walker), Sperchia intractana (Walker), Stathmopoda skelloni (Butler); and The fungi Colletotrichum horii B. Weir & P.R. Johnst. and Cryptosporiopsis actinidiae P.R. Johnst., M.A. Manning & X. Meier. 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 persimmons from New Zealand into the 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 determined that four of these nine pests--C. herana, C. obliquana, E. postvittana, and P. excessana--pose a high risk of following the pathway of persimmons from New Zealand into the United States and having negative effects on U.S. agriculture. The remaining pests--C. jactatana, C. horii, C. actinidiae, S. intractana, and S. skelloni-- were rated as having a medium risk potential. Based on the conclusions of the PRA and the RMD, we have determined that measures beyond standard port of arrival inspection are required to mitigate the risks posed by these plant pests. Therefore, we are proposing to allow the importation of persimmons from New Zealand into the United States subject to a systems approach. The conditions in the systems approach that we are proposing are described below. These conditions would be added to the regulations in a new Sec. 319.56-76. General Requirements Proposed paragraph (a) of Sec. 319.56-76 would require the NPPO of New Zealand 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. The operational workplan would have to include and describe in detail the quarantine pest survey intervals and other specific requirements in proposed Sec. 319.56-76. An operational workplan is an agreement 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 [[Page 58871]] 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. Proposed paragraph (b) of Sec. 319.56-76 would require persimmons from New Zealand to be imported only in commercial consignments. Produce grown commercially is less likely to be infested with plant pests than noncommercial consignments. Noncommercial consignments are more prone to infestations/infections because the commodity is often ripe to overripe, could be of a variety with unknown susceptibility to pests, and is often grown with little or no pest control. Commercial consignments, as defined in Sec. 319.56-2, are consignments that an inspector identifies as having been imported for sale and distribution. Such identification is based on a variety of indicators, including, but not limited to: Quantity of produce, type of packing, identification of grower or packinghouse on the packaging, and documents consigning the fruits or vegetables to a wholesaler or retailer. Place of Production Requirements Paragraph (c)(1) of proposed Sec. 319.56-76 would require that all places of production (orchards) participating in the persimmon export program be registered with and approved by the NPPO of New Zealand in accordance with the requirements of the operational workplan. Paragraph (c)(2) of proposed Sec. 319.56-76 would require the NPPO of New Zealand or its approved designee \1\ to visit and inspect the places of production monthly beginning at blossom drop and continuing until the end of the shipping season and to apply appropriate pest controls in accordance with the operational workplan. APHIS may also monitor the places of production if necessary. If APHIS or the NPPO of New Zealand 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 United States until APHIS and the NPPO of New Zealand conduct an investigation and appropriate remedial actions have been implemented. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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 require that all packinghouses participating in the persimmon export program be registered with and approved by the NPPO of New Zealand in accordance with the requirements of the operational workplan. Paragraph (d)(2) would require that, during the time that the packinghouse is in use for exporting persimmons to the United States, the packinghouse would only be allowed to accept persimmons from registered places of production and that the persimmons be segregated from other fruit. This requirement would prevent persimmons intended for export to the United States from being exposed to or mixed with persimmons or other fruit that are not produced according to the requirements of the systems approach. Paragraph (d)(3) would require that any diseased or insect-infested fruits and fruits with surface pests be culled either before or during packing and removed from the packinghouse. Culling would also include any damaged or deformed fruit. Fruit with broken or bruised skin or that is deformed is more susceptible to infestation by pests than undamaged fruit. Paragraph (d)(4) would state that final shipping containers would have to be marked to identify the place of production and packinghouse from which the consignment of fruit originated. Such registration and container marking would facilitate traceback of a consignment of persimmon fruit to the place of production in which it was grown and 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)(5) would state that the NPPO of New Zealand must monitor packinghouse operations to verify that the packinghouses are complying with the requirements of the systems approach. If the NPPO of New Zealand finds that a packinghouse is not complying with the requirements of the systems approach, no persimmon fruit from the packinghouse will be eligible for export to the United States until APHIS and the NPPO of New Zealand conduct an investigation and both agree that the pest risk has been mitigated. Phytosanitary Inspection Paragraph (e) of proposed Sec. 319.56-76 would require that a biometric sample of persimmon fruit jointly agreed upon by APHIS and the NPPO of New Zealand be inspected in the exporting country by the NPPO of New Zealand following post-harvest processing. The biometric sample would be visually inspected for signs of disease, and a portion of the fruit would be cut open to detect internally feeding pests. If quarantine pests are found during sampling, the consignment of fruit would be prohibited from export to the United States. Postharvest Treatment Paragraph (f) of proposed Sec. 319.56-76 would require that all persimmons undergo postharvest treatment with either hot water or modified atmosphere treatment. Under the hot water treatment, the persimmons would have to be held for 20 minutes in hot water at 50 [deg]C (122[emsp14][deg]F). This treatment has been shown to provide 100 percent mortality of leafroller moth larvae. In addition, hot water treatment reduces populations of fungal pathogens such as C. horii and C. actinidiae on fruit. Under the modified atmosphere treatment, the persimmons would have to be packed in semi-permeable polymeric bags and stored at 0 [deg]C for a minimum of 28 days. As the fruit respire within the modified atmosphere bag, oxygen is consumed and carbon dioxide is produced which causes mortality of any leafrollers present. Modified atmosphere cold storage has been used by New Zealand for all persimmons exported to Australia since 2007. Since this treatment was initiated, there have been no quarantine pests detected in New Zealand persimmons exported to Australia. Treatment with either the described hot water or modified atmosphere treatments, in conjunction with other safeguards that would be required by the regulations for persimmons from New Zealand, would reduce the likelihood that persimmons will introduce injurious plant pests into the United States. Phytosanitary Certificate To certify that the fresh persimmon fruit from New Zealand has been grown and packed in accordance with the requirements of proposed Sec. 319.56-76, paragraph (g) would require each consignment of fruit to be accompanied by a phytosanitary certificate issued by the NPPO of New Zealand, with an additional declaration stating that they were produced under and meet all the [[Page 58872]] components of the systems approach and were inspected and found to be free of quarantine pests in accordance with the requirements. Executive Order 12866 and Regulatory Flexibility Act This proposed rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. In accordance with the Regulatory Flexibility Act, we have analyzed the potential economic effects of this action on small entities. The analysis is summarized below. Copies of the full analysis are available by contacting the person listed under FOR FURTHER INFORMATION CONTACT or on the Regulations.gov Web site (see ADDRESSES above for instructions for accessing Regulations.gov). APHIS is proposing to amend the regulations to allow the importation of fresh persimmon fruit (Diospyros kaki) into the entire United States from New Zealand subject to a systems approach. Most U.S. persimmon production takes place in California, where the 2011 value of production totaled about $13.6 million. The most recent data on U.S. persimmon imports show a total value of about $3 million in 2014. The wholesale value of the persimmon fruit for which New Zealand has requested import access would be about $90,000 initially. The value of future imports is forecast to reach about $330,000, or about 2 percent of the U.S. persimmon market. The Small Business Administration's (SBA) small-entity standard for entities involved in fruit farming is $750,000 or less in annual receipts (NAICS 111339). It is probable that most or all U.S. persimmon producers are small businesses by the SBA standard. We expect any impact of the proposed rule for these entities would be minimal, given New Zealand's expected small share of the U.S. persimmon market. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action would not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This proposed rule would allow persimmons to be imported into the United States from New Zealand. If this proposed rule is adopted, State and local laws and regulations regarding persimmons 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 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-2015-0052. Please send a copy of your comments to APHIS using one of the methods described under ADDRESSES at the beginning of this document. APHIS is proposing to allow the importation of fresh persimmons from New Zealand into the United States. As a condition of entry, the persimmons would have to be produced in accordance with a systems approach that would include requirements for orchard certification, orchard pest control, post-harvest safeguards, fruit culling, traceback, sampling, and treatment with either hot water or modified atmosphere treatment. The persimmons would also have to be accompanied by a phytosanitary certificate with an additional declaration stating that they were produced under, and meet all the components of, the systems approach and were inspected and found to be free of quarantine pests in accordance with the proposed requirements. Implementing this rule will require information collection activities, such as an operational workplan, production site and packinghouse registration, container markings, production site inspections, investigations and remedial action, packinghouse monitoring, sampling, treatment records, 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 1.12 hours per response. Respondents: Growers, exporters, packinghouses, and the NPPO of New Zealand. Estimated annual number of respondents: 30. Estimated annual number of responses per respondent: 10. Estimated annual number of responses: 301. Estimated total annual burden on respondents: 339 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 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 [[Page 58873]] Collection Coordinator, at (301) 851-2727. List of Subjects in 7 CFR Part 319 Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. Accordingly, we propose to amend 7 CFR part 319 as follows: PART 319--FOREIGN QUARANTINE NOTICES 0 1. The authority citation for part 319 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. 0 2. Section 319.56-76 is added to read as follows: Sec. 319.56-76 Persimmons From New Zealand. Fresh persimmons (Diospyros kaki Thunb.) may be imported into the United States only under the conditions described in this section. These conditions are designed to prevent the introduction of the quarantine pests Colletotrichum horii B. Weir & P.R. Johnst., Cnephasia jactatana (Walker), Cryptosporiopsis actinidiae P.R. Johnst., M.A. Manning & X. Meier, Ctenopseustis herana (Felder and Rogenhofer), Ctenopseustis obliquana (Walker), Epiphyas postvittana (Walker), Planotortrix excessana (Walker), Sperchia intractana (Walker), and Stathmopoda skelloni (Butler). (a) Operational workplan. The national plant protection organization (NPPO) of New Zealand must provide an operational workplan to APHIS that details the activities that the NPPO of New Zealand 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 quarantine pest survey intervals and other specific requirements as set forth in this section. (b) Commercial consignments. Persimmons from New Zealand may be imported in commercial consignments only. (c)(1) Place of production requirements. All places of production that participate in the export program must be approved by and registered with the New Zealand NPPO in accordance with the requirements of the operational workplan. (2) The NPPO of New Zealand or its approved designee must visit and inspect the places of production monthly beginning at blossom drop and continuing until the end of the shipping season for quarantine pests. Appropriate pest controls must be applied in accordance with the operational workplan. If the NPPO of New Zealand finds that a place of production is not complying with the requirements of this section, no fruit from the place of production will be eligible for export to the United States until APHIS and the NPPO of New Zealand conduct an investigation and appropriate remedial actions have been implemented. (d)(1) Packinghouse requirements. All packinghouses that participate in the export program must be approved by and registered with the New Zealand NPPO in accordance with the requirements of the operational workplan. (2) During the time the packinghouse is in use for exporting persimmons to the United States, the packinghouse may only accept persimmons from registered approved places of production and the fruit must be segregated from fruit intended for other markets. (3) All diseased or insect-infested fruit and fruit with surface pests must be culled either before or during packing and removed from the packinghouse. Culling must also include any damaged or deformed fruit. (4) Each shipping container must be marked to identify the place of production and packinghouse from which the consignment of fruit originated. (5) The NPPO of New Zealand must monitor packinghouse operations to verify that the packinghouses are complying with the requirements of the systems approach. If the NPPO of New Zealand finds that a packinghouse is not complying with the requirements of this section, no fruit from the packinghouse will be eligible for export to the United States until APHIS and the NPPO of New Zealand conduct an investigation and appropriate remedial actions have been implemented. (e) Sampling. Inspectors from the NPPO of New Zealand must inspect a biometric sample of the fruit from each consignment at a rate jointly agreed upon by APHIS and the NPPO of New Zealand. The inspectors must visually inspect for quarantine pests listed in the operational workplan required by paragraph (a) of this section and must cut fruit to inspect for quarantine pests that are internal feeders. If quarantine pests are detected in this inspection, the consignment will be prohibited entry into the United States. (f) Treatment. Each consignment of persimmons must be subjected to a post-harvest treatment by either: (1) Hot water treatment. The persimmons are held for 20 minutes in hot water at 50 [deg]C (122[emsp14][deg]F); or (2) Modified atmosphere treatment. The persimmons are packed in semi-permeable polymeric bags and stored at 0 [deg]C for a minimum of 28 days. (g) Phytosanitary certificate. Each consignment of persimmons must be accompanied by a phytosanitary certificate of inspection issued by the New Zealand NPPO with an additional declaration stating that the fruit in the consignment were grown, packed, and inspected and found to be free of quarantine pests in accordance with the requirements of the systems approach. Done in Washington, DC, this 22nd day of August 2016. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2016-20508 Filed 8-25-16; 8:45 am] BILLING CODE 3410-34-P
![58870 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Proposed Rules
DEPARTMENT OF AGRICULTURE hours are 8 a.m. to 4:30 p.m., Monday • The fungi Colletotrichum horii B.
through Friday, except holidays. To be Weir & P.R. Johnst. and
Animal and Plant Health Inspection sure someone is there to help you, Cryptosporiopsis actinidiae P.R. Johnst.,
Service please call (202) 799–7039 before M.A. Manning & X. Meier.
coming. A quarantine pest is defined in
7 CFR Part 319 § 319.56–2 of the regulations as a pest of
FOR FURTHER INFORMATION CONTACT: Mr. potential economic importance to the
[Docket No. APHIS–2015–0052] David B. Lamb, Senior Regulatory area endangered thereby and not yet
RIN 0579–AE26 Policy Specialist, IRM, PPQ, APHIS, present there, or present but not widely
4700 River Road Unit 133, Riverdale, distributed and being officially
Importation of Fresh Persimmons MD 20737–1231; (301) 851–2103. controlled. Potential plant pest risks
From New Zealand Into the United SUPPLEMENTARY INFORMATION: associated with the importation of fresh
States persimmons from New Zealand into the
Background
AGENCY: Animal and Plant Health United States were determined by
Inspection Service, USDA. The regulations in ‘‘Subpart—Fruits estimating the consequences and
and Vegetables’’ (7 CFR 319.56–1 likelihood of introduction of quarantine
ACTION: Proposed rule.
through 319.56–75, referred to below as pests into the United States and ranking
SUMMARY: We are proposing to amend the regulations) prohibit or restrict the the risk potential as high, medium, or
the regulations concerning the importation of fruits and vegetables into low. The PRA determined that four of
importation of fruits and vegetables to the United States from certain parts of these nine pests—C. herana, C.
allow the importation of fresh the world to prevent the introduction obliquana, E. postvittana, and P.
persimmons from New Zealand into the and dissemination of plant pests that are excessana—pose a high risk of
United States. As a condition of entry, new to or not widely distributed within following the pathway of persimmons
the persimmons would have to be the United States. from New Zealand into the United
produced in accordance with a systems The national plant protection States and having negative effects on
approach that would include organization (NPPO) of New Zealand U.S. agriculture. The remaining pests—
requirements for orchard certification, has requested that the Animal and Plant C. jactatana, C. horii, C. actinidiae, S.
orchard pest control, post harvest Health Inspection Service (APHIS) intractana, and S. skelloni—were rated
safeguards, fruit culling, traceback, amend the regulations to allow fresh as having a medium risk potential.
sampling, and treatment with either hot persimmons (Diospyros kaki Thunb.) Based on the conclusions of the PRA
water or modified atmosphere from New Zealand to be imported into and the RMD, we have determined that
treatment. The persimmons would also the United States. As part of our measures beyond standard port of
evaluation of New Zealand’s request, we arrival inspection are required to
have to be accompanied by a
prepared a pest risk assessment (PRA) mitigate the risks posed by these plant
phytosanitary certificate with an
and a risk management document pests. Therefore, we are proposing to
additional declaration stating that they
(RMD). Copies of the PRA and the RMD allow the importation of persimmons
were produced under, and meet all the
may be obtained from the person listed from New Zealand into the United
components of, the systems approach
under FOR FURTHER INFORMATION States subject to a systems approach.
and were inspected and found to be free
CONTACT or viewed on the
The conditions in the systems approach
of quarantine pests in accordance with
Regulations.gov Web site (see that we are proposing are described
the proposed requirements. This action
ADDRESSES above for instructions for
below. These conditions would be
would allow the importation of fresh
accessing Regulations.gov). added to the regulations in a new
persimmons from New Zealand while
§ 319.56–76.
continuing to protect against the The PRA, titled ‘‘Importation of
introduction of plant pests into the Persimmon, Diospyros kaki Thunb., as General Requirements
United States. Fresh Fruit from New Zealand into the Proposed paragraph (a) of § 319.56–76
DATES: We will consider all comments Entire United States, Including Hawaii would require the NPPO of New
that we receive on or before October 25, and U.S. Territories’’ (April 23, 2012) Zealand to provide an operational
2016. evaluates the risks associated with the workplan to APHIS that details the
ADDRESSES: You may submit comments importation of fresh persimmons from activities that the NPPO would, subject
by either of the following methods: New Zealand into the United States. to APHIS’ approval of the workplan,
• Federal eRulemaking Portal: Go to The RMD relies upon the findings of the carry out to meet the requirements of
http://www.regulations.gov/#!docket PRA to determine the phytosanitary proposed § 319.56–76. The operational
Detail;D=APHIS-2015-0052. measures necessary to ensure the safe workplan would have to include and
• Postal Mail/Commercial Delivery: importation into the United States of describe in detail the quarantine pest
Send your comment to Docket No. fresh persimmons from New Zealand. survey intervals and other specific
APHIS–2015–0052, Regulatory Analysis The PRA identified nine pests of requirements in proposed § 319.56–76.
and Development, PPD, APHIS, Station quarantine significance present in New An operational workplan is an
3A–03.8, 4700 River Road Unit 118, Zealand that could be introduced into agreement between APHIS’ Plant
Riverdale, MD 20737–1238. the United States through the Protection and Quarantine program,
Supporting documents and any importation of fresh persimmons: officials of the NPPO of a foreign
mstockstill on DSK3G9T082PROD with PROPOSALS
comments we receive on this docket • The leafroller moths Cnephasia government, and, when necessary,
may be viewed at http://www. jactatana (Walker), Ctenopseustis foreign commercial entities, that
regulations.gov/#!docketDetail; herana (Felder and Rogenhofer), specifies in detail the phytosanitary
D=APHIS-2015-0052 or in our reading Ctenopseustis obliquana (Walker), measures that will be carried out to
room, which is located in room 1141 of Epiphyas postvittana (Walker), comply with our regulations governing
the USDA South Building, 14th Street Planotortrix excessana (Walker), the importation of a specific
and Independence Avenue SW., Sperchia intractana (Walker), commodity. Operational workplans
Washington, DC. Normal reading room Stathmopoda skelloni (Butler); and apply only to the signatory parties and
VerDate Sep<11>2014 17:00 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\26AUP1.SGM 26AUP1](https://thefederalregister.org/doc/81_FR_59036/page/1.svg)
![Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Proposed Rules 58873
Collection Coordinator, at (301) 851– season for quarantine pests. Appropriate (1) Hot water treatment. The
2727. pest controls must be applied in persimmons are held for 20 minutes in
accordance with the operational hot water at 50 °C (122 °F); or
List of Subjects in 7 CFR Part 319
workplan. If the NPPO of New Zealand (2) Modified atmosphere treatment.
Coffee, Cotton, Fruits, Imports, Logs, finds that a place of production is not The persimmons are packed in semi-
Nursery stock, Plant diseases and pests, complying with the requirements of this permeable polymeric bags and stored at
Quarantine, Reporting and section, no fruit from the place of 0 °C for a minimum of 28 days.
recordkeeping requirements, Rice, production will be eligible for export to (g) Phytosanitary certificate. Each
Vegetables. the United States until APHIS and the consignment of persimmons must be
Accordingly, we propose to amend 7 NPPO of New Zealand conduct an accompanied by a phytosanitary
CFR part 319 as follows: investigation and appropriate remedial certificate of inspection issued by the
actions have been implemented. New Zealand NPPO with an additional
PART 319—FOREIGN QUARANTINE (d)(1) Packinghouse requirements. All declaration stating that the fruit in the
NOTICES packinghouses that participate in the consignment were grown, packed, and
export program must be approved by inspected and found to be free of
■ 1. The authority citation for part 319
and registered with the New Zealand quarantine pests in accordance with the
continues to read as follows:
NPPO in accordance with the requirements of the systems approach.
Authority: 7 U.S.C. 450, 7701–7772, and requirements of the operational
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR Done in Washington, DC, this 22nd day of
workplan. August 2016.
2.22, 2.80, and 371.3.
(2) During the time the packinghouse Kevin Shea,
■ 2. Section 319.56–76 is added to read is in use for exporting persimmons to Administrator, Animal and Plant Health
as follows: the United States, the packinghouse Inspection Service.
§ 319.56–76 Persimmons From New
may only accept persimmons from [FR Doc. 2016–20508 Filed 8–25–16; 8:45 am]
Zealand. registered approved places of BILLING CODE 3410–34–P
Fresh persimmons (Diospyros kaki production and the fruit must be
Thunb.) may be imported into the segregated from fruit intended for other
United States only under the conditions markets. DEPARTMENT OF AGRICULTURE
described in this section. These (3) All diseased or insect-infested fruit
conditions are designed to prevent the and fruit with surface pests must be Animal and Plant Health Inspection
introduction of the quarantine pests culled either before or during packing Service
Colletotrichum horii B. Weir & P.R. and removed from the packinghouse.
Johnst., Cnephasia jactatana (Walker), Culling must also include any damaged 7 CFR Part 319
Cryptosporiopsis actinidiae P.R. Johnst., or deformed fruit.
(4) Each shipping container must be [Docket No. APHIS–2015–0051]
M.A. Manning & X. Meier,
Ctenopseustis herana (Felder and marked to identify the place of RIN 0579–AE20
Rogenhofer), Ctenopseustis obliquana production and packinghouse from
(Walker), Epiphyas postvittana which the consignment of fruit Importation of Lemons From Chile Into
(Walker), Planotortrix excessana originated. the Continental United States
(Walker), Sperchia intractana (Walker), (5) The NPPO of New Zealand must
monitor packinghouse operations to AGENCY: Animal and Plant Health
and Stathmopoda skelloni (Butler). Inspection Service, USDA.
(a) Operational workplan. The verify that the packinghouses are
national plant protection organization complying with the requirements of the ACTION: Proposed rule; reopening of
(NPPO) of New Zealand must provide systems approach. If the NPPO of New comment period.
an operational workplan to APHIS that Zealand finds that a packinghouse is not
complying with the requirements of this SUMMARY: We are reopening the
details the activities that the NPPO of comment period for our proposed rule
New Zealand will, subject to APHIS’ section, no fruit from the packinghouse
will be eligible for export to the United that would amend the fruits and
approval of the workplan, carry out to vegetables regulations to list lemon
meet the requirements of this section. States until APHIS and the NPPO of
New Zealand conduct an investigation (Citrus limon (L.) Burm. f.) from Chile
The operational workplan must include as eligible for importation into the
and describe the quarantine pest survey and appropriate remedial actions have
been implemented. continental United States subject to a
intervals and other specific systems approach. This action will
requirements as set forth in this section. (e) Sampling. Inspectors from the
NPPO of New Zealand must inspect a allow interested persons additional time
(b) Commercial consignments.
biometric sample of the fruit from each to prepare and submit comments.
Persimmons from New Zealand may be
imported in commercial consignments consignment at a rate jointly agreed DATES: The comment period for the
only. upon by APHIS and the NPPO of New proposed rule published on April 4,
(c)(1) Place of production Zealand. The inspectors must visually 2016 (81 FR 19063) is reopened. We will
requirements. All places of production inspect for quarantine pests listed in the consider all comments that we receive
that participate in the export program operational workplan required by on or before September 26, 2016.
must be approved by and registered paragraph (a) of this section and must ADDRESSES: You may submit comments
mstockstill on DSK3G9T082PROD with PROPOSALS
with the New Zealand NPPO in cut fruit to inspect for quarantine pests by either of the following methods:
accordance with the requirements of the that are internal feeders. If quarantine • Federal eRulemaking Portal: Go to
operational workplan. pests are detected in this inspection, the http://www.regulations.gov/#!docket
(2) The NPPO of New Zealand or its consignment will be prohibited entry Detail;D=APHIS-2015-0051.
approved designee must visit and into the United States. • Postal Mail/Commercial Delivery:
inspect the places of production (f) Treatment. Each consignment of Send your comment to Docket No.
monthly beginning at blossom drop and persimmons must be subjected to a post- APHIS–2015–0051, Regulatory Analysis
continuing until the end of the shipping harvest treatment by either: and Development, PPD, APHIS, Station
VerDate Sep<11>2014 17:00 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\26AUP1.SGM 26AUP1](https://thefederalregister.org/doc/81_FR_59036/page/4.svg)
Document Created: 2016-08-26 10:40:25
Document Modified: 2016-08-26 10:40:25
| 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 October 25, 2016. | |
| Contact | Mr. David B. Lamb, Senior Regulatory Policy Specialist, IRM, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-2103. | |
| FR Citation | 81 FR 58870 | |
| RIN Number | 0579-AE26 | |
| CFR Associated | Coffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables |
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