82 FR 42727 - Importation of Fresh Persimmon With Calyxes From Japan Into the United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 82, Issue 175 (September 12, 2017)

Page Range		42727-42729
FR Document		2017-19226

We are amending the regulations concerning the importation of fruits and vegetables to allow the importation of fresh persimmon with calyxes from Japan into the United States. As a condition of entry, the persimmon must be produced in accordance with a systems approach that includes requirements for orchard certification, orchard pest control, post-harvest safeguards, fruit culling, traceback, and sampling. The persimmons will 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 agreed upon systems approach and were inspected and found to be free of quarantine pests. This action will allow the importation of fresh persimmons with calyxes from Japan while continuing to protect against the introduction of plant pests into the United States.

Federal Register, Volume 82 Issue 175 (Tuesday, September 12, 2017)

[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Rules and Regulations]
[Pages 42727-42729]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19226]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / 
Rules and Regulations

[[Page 42727]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0098]
RIN 0579-AE27


Importation of Fresh Persimmon With Calyxes From Japan Into the 
United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending the regulations concerning the importation of 
fruits and vegetables to allow the importation of fresh persimmon with 
calyxes from Japan into the United States. As a condition of entry, the 
persimmon must be produced in accordance with a systems approach that 
includes requirements for orchard certification, orchard pest control, 
post-harvest safeguards, fruit culling, traceback, and sampling. The 
persimmons will 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 agreed upon systems 
approach and were inspected and found to be free of quarantine pests. 
This action will allow the importation of fresh persimmons with calyxes 
from Japan while continuing to protect against the introduction of 
plant pests into the United States.

DATES: Effective October 12, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. David Lamb, Senior Regulatory 
Policy Coordinator, Regulatory Policy and Coordination, PPQ, APHIS, 
4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-2103.

SUPPLEMENTARY INFORMATION: 

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-78, referred to below as the regulations), the 
Animal and Plant Health Inspection Service (APHIS) prohibits or 
restricts the importation of fruits and vegetables into the United 
States from certain parts of the world to prevent plant pests from 
being introduced into or disseminated within the United States.
    On August 30, 2016, we published in the Federal Register (81 FR 
59522-59526, Docket No. APHIS-2015-0098) a proposal \1\ to amend the 
regulations to allow the importation of fresh persimmon with calyxes 
from Japan into the United States under a systems approach that 
includes requirements for orchard certification, orchard pest control, 
post-harvest safeguards, fruit culling, traceback, and sampling.
---------------------------------------------------------------------------

    \1\ To view the proposed rule, pest risk analysis (PRA), risk 
management document (RMD), and the comments we received, go to 
https://www.regulations.gov/docket?D=APHIS-2015-0098.
---------------------------------------------------------------------------

    We solicited comments concerning our proposal for 60 days ending 
October 31, 2016. We received three comments by that date, from members 
of the public and the Hawaii Department of Agriculture (HDOA). The 
comments are discussed below.
    One commenter requested that we not allow any biological materials 
into the United States to eliminate the risks associated with exotic 
plant pests and diseases. Another commenter asked if the demand for 
persimmon with calyxes was high enough in the United States to justify 
the risks associated with the importation of the fruit from Japan. The 
commenter suggested that our resources would be better invested in the 
domestic production of fresh persimmon fruit.
    Under the Plant Protection Act (PPA), APHIS' primary charge with 
regard to international import trade is to identify and manage the 
phytosanitary risks associated with importing commodities. When we 
determine that the risk associated with the importation of a commodity 
can be successfully mitigated, it is our responsibility to make 
provisions to import that commodity. For the reasons explained in the 
RMD and the proposed rule, we have determined that the phytosanitary 
measures required by this rule are sufficient to mitigate the risks 
associated with the importation of persimmons from Japan.
    The HDOA requested that fresh persimmon with calyxes from Japan be 
fumigated with an appropriate and effective chemical prior to 
importation to mitigate the risks associated with several pests like 
Pseudococcus cryptus and Scirtothrips dorsalis, which are two pests 
associated with Japanese persimmon that are found in certain regions of 
Hawaii. Alternatively, the HDOA requested that the proposal only apply 
to the continental United States, keeping in place the prohibition on 
the importation of persimmon with calyxes from Japan into Hawaii.
    The PRA rated P. cryptus and S. dorsalis as having `High' risk for 
all of the United States (including Hawaii). The risk mitigation 
measures considered this and concluded that the systems approach was 
adequate to address the risk associated with the importation of 
persimmon with calyxes from Japan and, therefore, fumigation is not a 
necessary mitigation option. As discussed in the RMD, the pest control 
used for persimmons in Japan will follow the guidelines jointly agreed 
to by APHIS and the national plant protection organization (NPPO) of 
Japan and will include inspections and oversight. These guidelines are 
mandatory for persimmon producers in Japan who wish to export their 
persimmons to the United States. As such, we have determined that the 
systems approach will be effective at mitigating the risk of these 
quarantine pests following the pathway and being introduced into Hawaii 
or any other State and that it is not necessary to limit consignments 
to the continental United States.
    The HDOA also noted that persimmons in Hawaii are commercially 
produced and cultivated as a specialty crop, with the fruit retailing 
locally for higher than the projected price of persimmons from Japan, 
which could negatively impact Hawaii's persimmon industry.
    The U.S. Department of Agriculture's weekly records on advertised 
fruit and vegetable retail prices confirm that retail prices of fresh 
persimmon sold in Hawaii sharply increase every January, generally from 
below $2 per pound in December to over $5 per pound in January. 
However, given Japan's premium export prices and limited

[[Page 42728]]

export volumes, impacts of the rule on retail prices of fresh persimmon 
in Hawaii are expected to be minor.
    The HDOA expressed concern that proposed Sec.  319.56-76(c)(2) does 
not explain how persimmons produced in accordance with the regulations 
would be segregated from persimmons that are not produced in accordance 
with those requirements. Additionally, the HDOA expressed concern that 
the sanitation practices of packinghouses that process different lots 
of persimmons are omitted from the requirements.
    The NPPO of Japan and APHIS will develop an operational workplan 
that details the activities that the packinghouses will carry out to 
meet the requirements of the systems approach. The operational workplan 
will include detailed segregation and sanitation protocols to ensure 
that all consignments intended for importation into the United States 
are free from quarantine pests and disease.
    Therefore, for the reasons discussed in the proposed rule, we are 
adopting the proposed rule as a final rule without change.

    Note:  In the proposed rule, the system approach for persimmons 
with calyxes from Japan was designated as Sec.  319.56-76; however, 
that section has since been utilized. Therefore, the systems 
approach will be added as Sec.  319.56-79.

Executive Orders 12866 and 13771 and Regulatory Flexibility Act

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget. Further, because this rule is 
not significant, it does not trigger the requirements of Executive 
Order 13771.
    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 
on the Regulations.gov Web site (see footnote 1 in this document for a 
link to Regulations.gov) or by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Most U.S. persimmon production takes place in California, where 
2013 production totaled about 35,700 metric tons (MT) valued at about 
$40 million, triple the 2011 level of production. U.S. persimmon 
imports in 2014 totaled 1,757 MT valued at about $3 million, $2 million 
of which were imported from Israel and $0.4 million from Spain. The 
United States is a net exporter of fresh persimmon, with the value of 
exports totaling about $6 million in 2014.
    Japan's persimmon acreage and production have been gradually 
declining over the last decade. A very small percentage of Japan's 
persimmon (about 0.2 percent of production) was exported in 2014, 
totaling about 578 MT and valued at $2.4 million, primarily to 
Southeast Asia. The average export price of fresh persimmon from Japan 
was $4.13 per kilogram (KG) in 2014. This price is considerably higher 
than the average price paid by the United States for fresh persimmon 
imports, about $1.70 per KG in 2014, and the average farm-gate price 
for persimmon produced in California, about $1.11 per KG in 2013. The 
wide price differential between persimmon exported from Japan and 
persimmon imported or produced by the United States suggests that the 
competitiveness of persimmon from Japan in the U.S. market will be 
limited.
    Japan's Ministry of Agriculture, Forestry and Fisheries expects 30 
to 50 MT of fresh persimmons to be exported to the United States in the 
first year, and the same or additional amounts in following years. This 
level of imports, valued at about $124,000 to $207,000 based on the 
average export price of $4.13 per KG in 2014, would have little 
economic impact on U.S. entities, large or small, all the more so given 
their likely high price compared to the average price of persimmons 
imported from elsewhere.
    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 rule for these entities will be minimal, given Japan'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 will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final rule allows fresh persimmon with calyxes to be imported 
into the United States from Japan. State and local laws and regulations 
regarding persimmon with calyxes imported under this rule will be 
preempted while the fruit is in foreign commerce. Fresh fruits are 
generally imported for immediate distribution and sale to the consuming 
public, and remain in foreign commerce until sold to the ultimate 
consumer. The question of when foreign commerce ceases in other cases 
must be addressed on a case-by-case basis. No retroactive effect will 
be given to this rule, and this rule will not require administrative 
proceedings before parties may file suit in court challenging this 
rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the new requirements included in this 
final rule, which were filed under 0579-0455, have been submitted for 
approval to the Office of Management and Budget (OMB). When OMB 
notifies us of its decision, if approval is denied, we will publish a 
document in the Federal Register providing notice of what action we 
plan to take.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this rule, please contact Ms. Kimberly Hardy, 
APHIS' Information Collection Coordinator, at (301) 851-2483.

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 are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

    Authority:  7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.


0
2. Section 319.56-79 is added to read as follows:


Sec.  319.56-79  Persimmons with calyxes from Japan.

    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 
following quarantine pests: Adisciso kaki Yamamoto, a fungus; 
Colletotrichum horii B. Weir & P.R. Johnst, a fungus; Conogethes 
puntiferalis (Guen[eacute]e), a yellow peach moth; Crisicoccus 
matsumotoi (Siraiwa),

[[Page 42729]]

a mealybug; Cryptosporiopsis kaki (Hara) Weinlm, a fungus; Homonopsis 
illotana (Kennel), a moth; Lobesia aeolopa (Meyrick), a moth; fungi 
Mycosphaerella nawae Hiura & Ikata, Pestalotia diospyri Syd. and P. 
Syd., Pestalotiopsis acaciae (Thumen) Yokoyama & Kaneko, Pestalotiopsis 
crassiuscula Steyaert, Phoma kakivora Hara, and Phoma loti Cooke; 
Ponticulothrips diospyrosi (Haga & Okajima), a thrip; Pseudococcus 
cryptus (Hempel), a mealybug; Scirtothrips dorsalis (Hood), a thrip; 
Stathmopoda masinissa (Meyrick), a moth; Tenuipalpus zhizhilashviliae 
(Reck), a mite; and Thrips coloratus (Schmutz), a thrip.
    (a) General requirements. (1) The national plant protection 
organization (NPPO) of Japan must provide an operational workplan to 
APHIS that details the activities that the NPPO of Japan 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.
    (2) Commercial consignments. Persimmons from Japan may be imported 
in commercial consignments only.
    (b) Places of production requirements. (1) All places of production 
that participate in the export program must be approved by and 
registered with the Japan NPPO.
    (2) The NPPO of Japan must visit and inspect the place 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 Japan 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 Japan conduct an investigation and appropriate remedial 
actions have been implemented.
    (3) Harvested fruit must be transported to the packinghouse in 
containers marked to identify the place of production from which the 
consignment of fruit originated.
    (c) Packinghouse requirements. (1) All packinghouses that 
participate in the export program must be approved by and registered 
with the Japanese NPPO.
    (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 production sites and the fruit must 
be segregated from fruit intended for other markets.
    (3) All damaged or diseased fruit must be culled at the 
packinghouse.
    (4) Boxes or other containers in which the fruit is shipped must be 
marked to identify the place of production where the fruit originated 
and the packinghouse where it was packed.
    (5) The NPPO of Japan must monitor packinghouse operations to 
verify that the packinghouses are complying with the requirements of 
the systems approach. If the NPPO of Japan 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 Japan conduct an investigation and appropriate 
remedial actions have been implemented.
    (d) Sampling. Inspectors from the NPPO of Japan must inspect a 
biometric sample of the fruit from each consignment at a rate to be 
determined by APHIS. 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 from 
export to the United States.
    (e) Phytosanitary certificate. Each consignment of persimmons must 
be accompanied by a phytosanitary certificate of inspection issued by 
the Japan NPPO with an additional declaration stating that the fruit in 
the consignment were grown, packed, and inspected and found to be free 
of pests in accordance with the requirements of 7 CFR 319.56-79.

(Approved by the Office of Management and Budget under control 
number 0579-0455)

    Done in Washington, DC, this 6th day of September 2017.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2017-19226 Filed 9-11-17; 8:45 am]
 BILLING CODE 3410-34-P

42727

Rules and Regulations Federal Register
Vol. 82, No. 175

Tuesday, September 12, 2017

This section of the FEDERAL REGISTER Background with the importation of persimmons
contains regulatory documents having general from Japan.
Under the regulations in ‘‘Subpart—
applicability and legal effect, most of which The HDOA requested that fresh
are keyed to and codified in the Code of Fruits and Vegetables’’ (7 CFR 319.56–
1 through 319.56–78, referred to below persimmon with calyxes from Japan be
Federal Regulations, which is published under fumigated with an appropriate and
50 titles pursuant to 44 U.S.C. 1510. as the regulations), the Animal and
Plant Health Inspection Service (APHIS) effective chemical prior to importation
The Code of Federal Regulations is sold by prohibits or restricts the importation of to mitigate the risks associated with
the Superintendent of Documents. fruits and vegetables into the United several pests like Pseudococcus cryptus
States from certain parts of the world to and Scirtothrips dorsalis, which are two
prevent plant pests from being pests associated with Japanese
DEPARTMENT OF AGRICULTURE introduced into or disseminated within persimmon that are found in certain
the United States. regions of Hawaii. Alternatively, the
Animal and Plant Health Inspection HDOA requested that the proposal only
On August 30, 2016, we published in
Service apply to the continental United States,
the Federal Register (81 FR 59522–
59526, Docket No. APHIS–2015–0098) a keeping in place the prohibition on the
7 CFR Part 319 importation of persimmon with calyxes
proposal 1 to amend the regulations to
allow the importation of fresh from Japan into Hawaii.
[Docket No. APHIS–2015–0098] persimmon with calyxes from Japan into The PRA rated P. cryptus and S.
the United States under a systems dorsalis as having ‘High’ risk for all of
RIN 0579–AE27 approach that includes requirements for the United States (including Hawaii).
orchard certification, orchard pest The risk mitigation measures considered
Importation of Fresh Persimmon With control, post-harvest safeguards, fruit this and concluded that the systems
Calyxes From Japan Into the United culling, traceback, and sampling. approach was adequate to address the
States We solicited comments concerning risk associated with the importation of
our proposal for 60 days ending October persimmon with calyxes from Japan
AGENCY: Animal and Plant Health
31, 2016. We received three comments and, therefore, fumigation is not a
Inspection Service, USDA.
by that date, from members of the public necessary mitigation option. As
ACTION: Final rule. and the Hawaii Department of discussed in the RMD, the pest control
Agriculture (HDOA). The comments are used for persimmons in Japan will
SUMMARY: We are amending the
discussed below. follow the guidelines jointly agreed to
regulations concerning the importation One commenter requested that we not
of fruits and vegetables to allow the by APHIS and the national plant
allow any biological materials into the protection organization (NPPO) of Japan
importation of fresh persimmon with United States to eliminate the risks
calyxes from Japan into the United and will include inspections and
associated with exotic plant pests and oversight. These guidelines are
States. As a condition of entry, the diseases. Another commenter asked if
persimmon must be produced in mandatory for persimmon producers in
the demand for persimmon with calyxes Japan who wish to export their
accordance with a systems approach was high enough in the United States to
that includes requirements for orchard persimmons to the United States. As
justify the risks associated with the such, we have determined that the
certification, orchard pest control, post- importation of the fruit from Japan. The
harvest safeguards, fruit culling, systems approach will be effective at
commenter suggested that our resources mitigating the risk of these quarantine
traceback, and sampling. The would be better invested in the
persimmons will also have to be pests following the pathway and being
domestic production of fresh introduced into Hawaii or any other
accompanied by a phytosanitary persimmon fruit.
certificate with an additional State and that it is not necessary to limit
Under the Plant Protection Act (PPA), consignments to the continental United
declaration stating that they were APHIS’ primary charge with regard to
produced under, and meet all the States.
international import trade is to identify The HDOA also noted that
components of, the agreed upon systems and manage the phytosanitary risks
approach and were inspected and found persimmons in Hawaii are commercially
associated with importing commodities. produced and cultivated as a specialty
to be free of quarantine pests. This When we determine that the risk
action will allow the importation of crop, with the fruit retailing locally for
associated with the importation of a higher than the projected price of
fresh persimmons with calyxes from commodity can be successfully
Japan while continuing to protect persimmons from Japan, which could
mitigated, it is our responsibility to negatively impact Hawaii’s persimmon
against the introduction of plant pests make provisions to import that
into the United States. industry.
commodity. For the reasons explained The U.S. Department of Agriculture’s
DATES: Effective October 12, 2017. in the RMD and the proposed rule, we weekly records on advertised fruit and
pmangrum on DSK3GDR082PROD with RULES1

FOR FURTHER INFORMATION CONTACT: Mr. have determined that the phytosanitary vegetable retail prices confirm that retail
David Lamb, Senior Regulatory Policy measures required by this rule are prices of fresh persimmon sold in
Coordinator, Regulatory Policy and sufficient to mitigate the risks associated Hawaii sharply increase every January,
Coordination, PPQ, APHIS, 4700 River generally from below $2 per pound in
1 To view the proposed rule, pest risk analysis
Road, Unit 133, Riverdale, MD 20737– December to over $5 per pound in
(PRA), risk management document (RMD), and the
1231; (301) 851–2103. comments we received, go to https:// January. However, given Japan’s
SUPPLEMENTARY INFORMATION: www.regulations.gov/docket?D=APHIS-2015-0098. premium export prices and limited

VerDate Sep<11>2014 15:01 Sep 11, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM 12SER1

Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Rules and Regulations 42729

a mealybug; Cryptosporiopsis kaki and the fruit must be segregated from DEPARTMENT OF AGRICULTURE
(Hara) Weinlm, a fungus; Homonopsis fruit intended for other markets.
illotana (Kennel), a moth; Lobesia Animal and Plant Health Inspection
(3) All damaged or diseased fruit must
aeolopa (Meyrick), a moth; fungi Service
be culled at the packinghouse.
Mycosphaerella nawae Hiura & Ikata,
Pestalotia diospyri Syd. and P. Syd., (4) Boxes or other containers in which 9 CFR Part 94
Pestalotiopsis acaciae (Thumen) the fruit is shipped must be marked to
[Docket No. APHIS–2015–0050]
Yokoyama & Kaneko, Pestalotiopsis identify the place of production where
crassiuscula Steyaert, Phoma kakivora the fruit originated and the RIN 0579–AE21
Hara, and Phoma loti Cooke; packinghouse where it was packed.
Ponticulothrips diospyrosi (Haga & Importation of Bone-In Ovine Meat
(5) The NPPO of Japan must monitor From Uruguay
Okajima), a thrip; Pseudococcus cryptus packinghouse operations to verify that
(Hempel), a mealybug; Scirtothrips the packinghouses are complying with AGENCY: Animal and Plant Health
dorsalis (Hood), a thrip; Stathmopoda the requirements of the systems Inspection Service, USDA.
masinissa (Meyrick), a moth; ACTION: Final rule.
approach. If the NPPO of Japan finds
Tenuipalpus zhizhilashviliae (Reck), a
mite; and Thrips coloratus (Schmutz), a that a packinghouse is not complying
SUMMARY: We are amending the
thrip. with the requirements of this section, no
regulations governing the importation of
(a) General requirements. (1) The fruit from the packinghouse will be
certain animals, meat, and other animal
national plant protection organization eligible for export to the United States products by allowing, under certain
(NPPO) of Japan must provide an until APHIS and the NPPO of Japan conditions, the importation of bone-in
operational workplan to APHIS that conduct an investigation and ovine meat from Uruguay. Based on the
details the activities that the NPPO of appropriate remedial actions have been evidence in a risk assessment that we
Japan will, subject to APHIS’ approval implemented. prepared, we believe that bone-in ovine
of the workplan, carry out to meet the (d) Sampling. Inspectors from the meat can safely be imported from
requirements of this section. The NPPO of Japan must inspect a biometric Uruguay provided certain conditions are
operational workplan must include and sample of the fruit from each met. This final rule will provide for the
describe the quarantine pest survey consignment at a rate to be determined importation of bone-in ovine meat from
intervals and other specific Uruguay into the United States, while
by APHIS. The inspectors must visually
requirements as set forth in this section. continuing to protect the United States
(2) Commercial consignments. inspect for quarantine pests listed in the
operational workplan required by against the introduction of foot-and-
Persimmons from Japan may be mouth disease.
imported in commercial consignments paragraph (a) of this section and must
cut fruit to inspect for quarantine pests DATES: Effective October 12, 2017.
only.
(b) Places of production requirements. that are internal feeders. If quarantine FOR FURTHER INFORMATION CONTACT: Dr.
(1) All places of production that pests are detected in this inspection, the Stephanie Kordick, Import Risk Analyst,
participate in the export program must consignment will be prohibited from Regional Evaluation Services, National
be approved by and registered with the export to the United States. Import Export Services, VS, APHIS, 920
Japan NPPO. Main Campus Drive, Suite 200, Raleigh,
(e) Phytosanitary certificate. Each NC; (919) 855–7733;
(2) The NPPO of Japan must visit and consignment of persimmons must be
inspect the place of production monthly Stephanie.K.Kordick@aphis.usda.gov.
accompanied by a phytosanitary
beginning at blossom drop and SUPPLEMENTARY INFORMATION:
certificate of inspection issued by the
continuing until the end of the shipping
Japan NPPO with an additional Background
season for quarantine pests. Appropriate
pest controls must be applied in declaration stating that the fruit in the The regulations in 9 CFR part 94
accordance with the operational consignment were grown, packed, and (referred to below as the regulations)
workplan. If the NPPO of Japan finds inspected and found to be free of pests prohibit or restrict the importation of
that a place of production is not in accordance with the requirements of certain animals and animal products
complying with the requirements of this 7 CFR 319.56–79. into the United States to prevent the
section, no fruit from the place of (Approved by the Office of Management and introduction of various diseases,
production will be eligible for export to Budget under control number 0579–0455) including rinderpest, foot-and-mouth
the United States until APHIS and the disease (FMD), African swine fever,
Done in Washington, DC, this 6th day of classical swine fever, and swine
NPPO of Japan conduct an investigation September 2017.
and appropriate remedial actions have vesicular disease. These are dangerous
been implemented. Michael C. Gregoire, and destructive communicable diseases
(3) Harvested fruit must be Acting Administrator, Animal and Plant of ruminants and swine. Section 94.1 of
transported to the packinghouse in Health Inspection Service. the regulations contains criteria for
containers marked to identify the place [FR Doc. 2017–19226 Filed 9–11–17; 8:45 am] recognition by the Animal and Plant
of production from which the BILLING CODE 3410–34–P Health Inspection Service (APHIS) of
consignment of fruit originated. foreign regions as free of rinderpest or
(c) Packinghouse requirements. (1) All free of both rinderpest and FMD. APHIS
packinghouses that participate in the considers Uruguay to be free of
pmangrum on DSK3GDR082PROD with RULES1

export program must be approved by rinderpest. However, APHIS does not
and registered with the Japanese NPPO. consider Uruguay to be free of FMD
(2) During the time the packinghouse because Uruguay vaccinates cattle
is in use for exporting persimmons to against FMD.
the United States, the packinghouse On July 1, 2016, we published in the
may only accept persimmons from Federal Register (81 FR 43115–43120,
registered approved production sites Docket No. APHIS–2015–0050) a

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Document Created: 2018-10-24 14:15:44
Document Modified: 2018-10-24 14:15:44

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective October 12, 2017.
Contact		Mr. David Lamb, Senior Regulatory Policy Coordinator, Regulatory Policy and Coordination, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-2103.
FR Citation		82 FR 42727
RIN Number		0579-AE27
CFR Associated		Coffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables

82 FR 42727 - Importation of Fresh Persimmon With Calyxes From Japan Into the United States

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

Federal Register Volume 82, Issue 175 (September 12, 2017)

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service