82_FR_46145 82 FR 45955 - Importation of Fresh Persimmons From New Zealand Into the United States

82 FR 45955 - Importation of Fresh Persimmons From New Zealand Into the United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 82, Issue 190 (October 3, 2017)

Page Range45955-45957
FR Document2017-21185

We are amending 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 must be produced in accordance with a systems approach that includes 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 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 systems approach and were inspected and found to be free of quarantine pests in accordance with the requirements. This action allows the importation of fresh persimmons from New Zealand while continuing to protect against the introduction of plant pests into the United States.

Federal Register, Volume 82 Issue 190 (Tuesday, October 3, 2017)
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Rules and Regulations]
[Pages 45955-45957]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21185]



========================================================================
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. 190 / Tuesday, October 3, 2017 / 
Rules and Regulations

[[Page 45955]]



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: Final rule.

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

SUMMARY: We are amending 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 must be produced in accordance with a systems approach that 
includes 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 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 systems approach 
and were inspected and found to be free of quarantine pests in 
accordance with the requirements. This action allows the importation of 
fresh persimmons from New Zealand while continuing to protect against 
the introduction of plant pests into the United States.

DATES: Effective November 2, 2017.

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 319.56-79, 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.
    On August 26, 2016, we published in the Federal Register (81 FR 
58870-58873, Docket No. APHIS-2015-0052) a proposal \1\ to amend the 
fruits and vegetables regulations to allow the importation of fresh 
persimmons (Diospyros kaki Thunb.) 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 includes 
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.
---------------------------------------------------------------------------

    \1\ To view the proposed rule, supporting documents, and the 
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0052.
---------------------------------------------------------------------------

    We solicited comments concerning our proposal for 60 days ending 
October 25, 2016. We received two comments by that date, from a private 
citizen and the national plant protection organization (NPPO) of New 
Zealand. One commenter generally objected to the importation of all 
fruits and vegetables into the United States, but did not otherwise 
address any issues germane to the proposal. The other comment is 
discussed in greater detail below.
    In paragraph (d)(3) of the proposal, we proposed to require that 
diseased or insect-infested fruit and fruit with surface pests be 
culled either before or during packing and removed from the 
packinghouse. We also proposed to require that the culling include any 
damaged or deformed fruit. The NPPO of New Zealand stated that the 
removal of deformed fruit is a grading concern rather than a 
phytosanitary issue.
    We disagree. As explained in the proposed rule, deformed fruit is 
more susceptible to infestation, as is damaged fruit.
    In paragraph (d)(4), we proposed to require that shipping 
containers be marked to identify the place of production and 
packinghouse from which the consignment of fruit originated. The NPPO 
of New Zealand asked for clarification of the term ``final shipping 
container,'' which we used in the preamble of the proposed rule. The 
NPPO stated that each individual packed unit of New Zealand persimmons 
will be marked to identify the place of production and packinghouse 
from which the packed unit of fruit originated.
    Our use of the term ``final shipping container'' was intended to 
refer to the individually packed units of the consignment and not the 
container in which the individually packed units are shipped. We have 
amended the text of paragraph (d)(4) to clarify that.
    In paragraph (e), we proposed to require that inspectors from the 
NPPO of New Zealand visually inspect a sample of fruit from each 
consignment at a rate jointly agreed upon by the Animal and Plant 
Health Inspection Service (APHIS) and the NPPO of New Zealand, and cut 
fruit to inspect for quarantine pests that are internal feeders. The 
NPPO of New Zealand stated that, because there are no quarantine pests 
that are internal feeders on persimmons in New Zealand, cutting of 
fruit is not necessary.
    As described in the pest risk assessment, there are seven 
Lepidoptera pests of quarantine significance present in New Zealand 
that could be introduced into the United States through the importation 
of fresh persimmons. The larvae of some or all of these pests, which 
are classified as leafroller moths, may bore into the fruit and feed 
internally. Evidence of infestation, including entrance holes and 
frass, would easily be detected during visual inspection except for the 
extensive calyx on persimmon fruit. Therefore, we proposed to require 
fruit cutting as an addition to visual inspection. We agree that fruit 
cutting is not necessary as long as the area of the fruit under the 
calyx is thoroughly examined for the presence of internally

[[Page 45956]]

feeding pests. Therefore, we are amending the language in paragraph (e) 
to state that fruit cutting will be required only when visual evidence 
of internally feeding insects is discovered.
    In paragraph (c)(2), we proposed to require that the NPPO of New 
Zealand or its approved designee visit and inspect the places of 
production monthly beginning at blossom drop and continuing until the 
end of the shipping season for quarantine pests. In paragraph (f), we 
also proposed that the persimmons be treated with hot water treatment 
or with modified atmosphere treatment by being packed in semi-permeable 
polymeric bags and stored at 0 [deg]C for a minimum of 28 days. The 
NPPO of New Zealand stated that, because the persimmons will undergo a 
28-day cold treatment prior to export, by the time persimmons are 
shipped, there will not be any persimmons in the place of production to 
inspect.
    We agree with the commenter and are amending paragraph (c)(2) to 
state that inspection of places of production will continue until the 
end of the harvest season rather than the end of the shipping season.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
changes discussed in this document.

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 is not a regulatory action under 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.
    APHIS is amending the regulations in 7 CFR 319.56, 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 $4.4 million in 2015.
    The wholesale value of the persimmon fruit for which New Zealand 
has requested import access will 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 rule for these entities will 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 will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

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

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this final rule, which were 
filed under 0579-0456, 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 final 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 319.56-80 is added to read as follows:


Sec.  319.56-80  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.

[[Page 45957]]

    (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 harvest 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) 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 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 the Lepidoptera pests of concern when visual signs of 
the internal feeders are present. 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. (Approved by the Office of Management and Budget 
under control number 0579-0456)

    Done in Washington, DC, this 27th day of September 2017.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2017-21185 Filed 10-2-17; 8:45 am]
 BILLING CODE 3410-34-P



                                                                                                                                                                                                 45955

                                                Rules and Regulations                                                                                         Federal Register
                                                                                                                                                              Vol. 82, No. 190

                                                                                                                                                              Tuesday, October 3, 2017



                                                This section of the FEDERAL REGISTER                    Background                                            of deformed fruit is a grading concern
                                                contains regulatory documents having general
                                                                                                           The regulations in ‘‘Subpart–Fruits                rather than a phytosanitary issue.
                                                applicability and legal effect, most of which                                                                    We disagree. As explained in the
                                                are keyed to and codified in the Code of                and Vegetables’’ (7 CFR 319.56–1
                                                                                                        through 319.56–79, referred to below as               proposed rule, deformed fruit is more
                                                Federal Regulations, which is published under                                                                 susceptible to infestation, as is damaged
                                                50 titles pursuant to 44 U.S.C. 1510.                   the regulations) prohibit or restrict the
                                                                                                        importation of fruits and vegetables into             fruit.
                                                The Code of Federal Regulations is sold by              the United States from certain parts of                  In paragraph (d)(4), we proposed to
                                                the Superintendent of Documents.                        the world to prevent the introduction                 require that shipping containers be
                                                                                                        and dissemination of plant pests that are             marked to identify the place of
                                                                                                        new to or not widely distributed within               production and packinghouse from
                                                DEPARTMENT OF AGRICULTURE                                                                                     which the consignment of fruit
                                                                                                        the United States.
                                                                                                                                                              originated. The NPPO of New Zealand
                                                Animal and Plant Health Inspection                         On August 26, 2016, we published in
                                                                                                                                                              asked for clarification of the term ‘‘final
                                                Service                                                 the Federal Register (81 FR 58870–
                                                                                                                                                              shipping container,’’ which we used in
                                                                                                        58873, Docket No. APHIS–2015–0052) a
                                                                                                                                                              the preamble of the proposed rule. The
                                                7 CFR Part 319                                          proposal 1 to amend the fruits and
                                                                                                                                                              NPPO stated that each individual
                                                                                                        vegetables regulations to allow the
                                                                                                                                                              packed unit of New Zealand
                                                [Docket No. APHIS–2015–0052]                            importation of fresh persimmons
                                                                                                                                                              persimmons will be marked to identify
                                                                                                        (Diospyros kaki Thunb.) from New
                                                                                                                                                              the place of production and
                                                                                                        Zealand into the United States. As a
                                                RIN 0579–AE26                                                                                                 packinghouse from which the packed
                                                                                                        condition of entry, the persimmons
                                                                                                                                                              unit of fruit originated.
                                                Importation of Fresh Persimmons                         would have to be produced in
                                                                                                                                                                 Our use of the term ‘‘final shipping
                                                From New Zealand Into the United                        accordance with a systems approach
                                                                                                                                                              container’’ was intended to refer to the
                                                States                                                  that includes requirements for orchard
                                                                                                                                                              individually packed units of the
                                                                                                        certification, orchard pest control, post-
                                                                                                                                                              consignment and not the container in
                                                AGENCY:  Animal and Plant Health                        harvest safeguards, fruit culling,
                                                                                                                                                              which the individually packed units are
                                                Inspection Service, USDA.                               traceback, sampling, and treatment with
                                                                                                                                                              shipped. We have amended the text of
                                                ACTION: Final rule.                                     either hot water or modified atmosphere
                                                                                                                                                              paragraph (d)(4) to clarify that.
                                                                                                        treatment. The persimmons would also
                                                SUMMARY:    We are amending the                                                                                  In paragraph (e), we proposed to
                                                                                                        have to be accompanied by a
                                                regulations concerning the importation                                                                        require that inspectors from the NPPO
                                                                                                        phytosanitary certificate with an
                                                of fruits and vegetables to allow the                                                                         of New Zealand visually inspect a
                                                                                                        additional declaration stating that they
                                                importation of fresh persimmons from                                                                          sample of fruit from each consignment
                                                                                                        were produced under, and meet all the
                                                New Zealand into the United States. As                                                                        at a rate jointly agreed upon by the
                                                                                                        components of, the systems approach
                                                a condition of entry, the persimmons                                                                          Animal and Plant Health Inspection
                                                                                                        and were inspected and found to be free
                                                must be produced in accordance with a                                                                         Service (APHIS) and the NPPO of New
                                                                                                        of quarantine pests in accordance with
                                                systems approach that includes                                                                                Zealand, and cut fruit to inspect for
                                                                                                        the proposed requirements.
                                                requirements for orchard certification,                                                                       quarantine pests that are internal
                                                                                                           We solicited comments concerning
                                                orchard pest control, post-harvest                                                                            feeders. The NPPO of New Zealand
                                                                                                        our proposal for 60 days ending October
                                                safeguards, fruit culling, traceback,                                                                         stated that, because there are no
                                                                                                        25, 2016. We received two comments by
                                                sampling, and treatment with either hot                                                                       quarantine pests that are internal
                                                                                                        that date, from a private citizen and the
                                                water or modified atmosphere                                                                                  feeders on persimmons in New Zealand,
                                                                                                        national plant protection organization
                                                treatment. The persimmons will also                                                                           cutting of fruit is not necessary.
                                                                                                        (NPPO) of New Zealand. One
                                                have to be accompanied by a                                                                                      As described in the pest risk
                                                                                                        commenter generally objected to the
                                                phytosanitary certificate with an                                                                             assessment, there are seven Lepidoptera
                                                                                                        importation of all fruits and vegetables
                                                additional declaration stating that they                                                                      pests of quarantine significance present
                                                                                                        into the United States, but did not
                                                were produced under, and meet all the                                                                         in New Zealand that could be
                                                                                                        otherwise address any issues germane to
                                                components of, the systems approach                                                                           introduced into the United States
                                                                                                        the proposal. The other comment is
                                                and were inspected and found to be free                                                                       through the importation of fresh
                                                                                                        discussed in greater detail below.
                                                of quarantine pests in accordance with                                                                        persimmons. The larvae of some or all
                                                                                                           In paragraph (d)(3) of the proposal, we
                                                the requirements. This action allows the                                                                      of these pests, which are classified as
                                                                                                        proposed to require that diseased or
                                                importation of fresh persimmons from                                                                          leafroller moths, may bore into the fruit
                                                                                                        insect-infested fruit and fruit with
                                                New Zealand while continuing to                                                                               and feed internally. Evidence of
                                                                                                        surface pests be culled either before or
                                                protect against the introduction of plant                                                                     infestation, including entrance holes
                                                                                                        during packing and removed from the
                                                pests into the United States.                                                                                 and frass, would easily be detected
                                                                                                        packinghouse. We also proposed to
                                                                                                                                                              during visual inspection except for the
                                                                                                        require that the culling include any
jstallworth on DSKBBY8HB2PROD with RULES




                                                DATES: Effective November 2, 2017.
                                                                                                                                                              extensive calyx on persimmon fruit.
                                                FOR FURTHER INFORMATION CONTACT: Mr.                    damaged or deformed fruit. The NPPO
                                                                                                                                                              Therefore, we proposed to require fruit
                                                David B. Lamb, Senior Regulatory                        of New Zealand stated that the removal
                                                                                                                                                              cutting as an addition to visual
                                                Policy Specialist, IRM, PPQ, APHIS,                                                                           inspection. We agree that fruit cutting is
                                                                                                          1 To view the proposed rule, supporting
                                                4700 River Road, Unit 133, Riverdale,                                                                         not necessary as long as the area of the
                                                                                                        documents, and the comments we received, go to
                                                MD 20737–1231; (301) 851–2103.                          http://www.regulations.gov/#!docketDetail;D=          fruit under the calyx is thoroughly
                                                SUPPLEMENTARY INFORMATION:                              APHIS-2015-0052.                                      examined for the presence of internally


                                           VerDate Sep<11>2014   15:04 Oct 02, 2017   Jkt 244001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\03OCR1.SGM   03OCR1


                                                45956             Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations

                                                feeding pests. Therefore, we are                           The wholesale value of the                         purposes. For information pertinent to
                                                amending the language in paragraph (e)                  persimmon fruit for which New Zealand                 E-Government Act compliance related
                                                to state that fruit cutting will be                     has requested import access will be                   to this final rule, please contact Ms.
                                                required only when visual evidence of                   about $90,000 initially. The value of                 Kimberly Hardy, APHIS’ Information
                                                internally feeding insects is discovered.               future imports is forecast to reach about             Collection Coordinator, at (301) 851–
                                                   In paragraph (c)(2), we proposed to                  $330,000, or about 2 percent of the U.S.              2483.
                                                require that the NPPO of New Zealand                    persimmon market.
                                                or its approved designee visit and                         The Small Business Administration’s                List of Subjects in 7 CFR Part 319
                                                inspect the places of production                        (SBA) small-entity standard for entities                Coffee, Cotton, Fruits, Imports, Logs,
                                                monthly beginning at blossom drop and                   involved in fruit farming is $750,000 or              Nursery stock, Plant diseases and pests,
                                                continuing until the end of the shipping                less in annual receipts (NAICS 111339).               Quarantine, Reporting and
                                                season for quarantine pests. In                         It is probable that most or all U.S.                  recordkeeping requirements, Rice,
                                                paragraph (f), we also proposed that the                persimmon producers are small                         Vegetables.
                                                persimmons be treated with hot water                    businesses by the SBA standard. We
                                                                                                                                                                Accordingly, we are amending 7 CFR
                                                treatment or with modified atmosphere                   expect any impact of the rule for these
                                                treatment by being packed in semi-                                                                            Part 319 as follows:
                                                                                                        entities will be minimal, given New
                                                permeable polymeric bags and stored at                  Zealand’s expected small share of the                 PART 319—FOREIGN QUARANTINE
                                                0 °C for a minimum of 28 days. The                      U.S. persimmon market.                                NOTICES
                                                NPPO of New Zealand stated that,                           Under these circumstances, the
                                                because the persimmons will undergo a                   Administrator of the Animal and Plant                 ■ 1. The authority citation for part 319
                                                28-day cold treatment prior to export, by               Health Inspection Service has                         continues to read as follows:
                                                the time persimmons are shipped, there                  determined that this action will not
                                                                                                                                                                Authority: 7 U.S.C. 450, 7701–7772, and
                                                will not be any persimmons in the place                 have a significant economic impact on                 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
                                                of production to inspect.                               a substantial number of small entities.               2.22, 2.80, and 371.3.
                                                   We agree with the commenter and are
                                                amending paragraph (c)(2) to state that                 Executive Order 12988                                 ■ 2. Section 319.56–80 is added to read
                                                inspection of places of production will                    This final rule allows fresh                       as follows:
                                                continue until the end of the harvest                   persimmons to be imported into the
                                                                                                                                                              § 319.56–80   Persimmons from New
                                                season rather than the end of the                       United States from New Zealand. State                 Zealand.
                                                shipping season.                                        and local laws and regulations regarding
                                                   Therefore, for the reasons given in the              fresh persimmons imported under this                    Fresh persimmons (Diospyros kaki
                                                proposed rule and in this document, we                  rule will be preempted while the fruit                Thunb.) may be imported into the
                                                are adopting the proposed rule as a final               is in foreign commerce. Fresh fruits are              United States only under the conditions
                                                rule, with the changes discussed in this                generally imported for immediate                      described in this section. These
                                                document.                                               distribution and sale to the consuming                conditions are designed to prevent the
                                                                                                        public, and remain in foreign commerce                introduction of the quarantine pests
                                                Executive Orders 12866 and 13771 and                                                                          Colletotrichum horii B. Weir & P.R.
                                                Regulatory Flexibility Act                              until sold to the ultimate consumer. The
                                                                                                        question of when foreign commerce                     Johnst., Cnephasia jactatana (Walker),
                                                  This final rule has been determined to                ceases in other cases must be addressed               Cryptosporiopsis actinidiae P.R. Johnst.,
                                                be not significant for the purposes of                  on a case-by-case basis. No retroactive               M.A. Manning & X. Meier,
                                                Executive Order 12866 and, therefore,                   effect will be given to this rule, and this           Ctenopseustis herana (Felder and
                                                has not been reviewed by the Office of                  rule will not require administrative                  Rogenhofer), Ctenopseustis obliquana
                                                Management and Budget. Further,                         proceedings before parties may file suit              (Walker), Epiphyas postvittana
                                                because this rule is not significant, it is             in court challenging this rule.                       (Walker), Planotortrix excessana
                                                not a regulatory action under Executive                                                                       (Walker), Sperchia intractana (Walker),
                                                Order 13771.                                            Paperwork Reduction Act                               and Stathmopoda skelloni (Butler).
                                                  In accordance with the Regulatory                       In accordance with section 3507(d) of                 (a) Operational workplan. The
                                                Flexibility Act, we have analyzed the                   the Paperwork Reduction Act of 1995                   national plant protection organization
                                                potential economic effects of this action               (44 U.S.C. 3501 et seq.), the information             (NPPO) of New Zealand must provide
                                                on small entities. The analysis is                      collection or recordkeeping                           an operational workplan to APHIS that
                                                summarized below. Copies of the full                    requirements included in this final rule,             details the activities that the NPPO of
                                                analysis are available on the                           which were filed under 0579–0456,                     New Zealand will, subject to APHIS’
                                                Regulations.gov Web site (see footnote 1                have been submitted for approval to the               approval of the workplan, carry out to
                                                in this document for a link to                          Office of Management and Budget                       meet the requirements of this section.
                                                Regulations.gov) or by contacting the                   (OMB). When OMB notifies us of its                    The operational workplan must include
                                                person listed under FOR FURTHER                         decision, if approval is denied, we will              and describe the quarantine pest survey
                                                INFORMATION CONTACT.                                    publish a document in the Federal                     intervals and other specific
                                                  APHIS is amending the regulations in                  Register providing notice of what action              requirements as set forth in this section.
                                                7 CFR 319.56, to allow the importation                  we plan to take.                                        (b) Commercial consignments.
                                                of fresh persimmon fruit (Diospyros                                                                           Persimmons from New Zealand may be
                                                kaki) into the entire United States from                E-Government Act Compliance                           imported in commercial consignments
                                                New Zealand subject to a systems                           The Animal and Plant Health                        only.
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                                                approach. Most U.S. persimmon                           Inspection Service is committed to                      (c)(1) Place of production
                                                production takes place in California,                   compliance with the E-Government Act                  requirements. All places of production
                                                where the 2011 value of production                      to promote the use of the Internet and                that participate in the export program
                                                totaled about $13.6 million. The most                   other information technologies, to                    must be approved by and registered
                                                recent data on U.S. persimmon imports                   provide increased opportunities for                   with the New Zealand NPPO in
                                                show a total value of about $4.4 million                citizen access to Government                          accordance with the requirements of the
                                                in 2015.                                                information and services, and for other               operational workplan.


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                                                                  Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations                                         45957

                                                   (2) The NPPO of New Zealand or its                   inspection, the consignment will be                   ADDRESSES:   FAA Order 7400.11B,
                                                approved designee must visit and                        prohibited entry into the United States.              Airspace Designations and Reporting
                                                inspect the places of production                          (f) Treatment. Each consignment of                  Points, and subsequent amendments can
                                                monthly beginning at blossom drop and                   persimmons must be subjected to a post-               be viewed online at http://www.faa.gov/
                                                continuing until the end of the harvest                 harvest treatment by either:                          air_traffic/publications/. For further
                                                season for quarantine pests. Appropriate                  (1) Hot water treatment. The                        information, you can contact the
                                                pest controls must be applied in                        persimmons are held for 20 minutes in                 Airspace Policy Group, Federal Aviation
                                                accordance with the operational                         hot water at 50 °C (122 °F); or                       Administration, 800 Independence
                                                workplan. If the NPPO of New Zealand                      (2) Modified atmosphere treatment.                  Avenue SW., Washington, DC 20591;
                                                finds that a place of production is not                 The persimmons are packed in semi-                    telephone: (202) 267–8783. The Order is
                                                complying with the requirements of this                 permeable polymeric bags and stored at                also available for inspection at the
                                                section, no fruit from the place of                     0 °C for a minimum of 28 days.                        National Archives and Records
                                                production will be eligible for export to                 (g) Phytosanitary certificate. Each                 Administration (NARA). For
                                                the United States until APHIS and the                   consignment of persimmons must be                     information on the availability of FAA
                                                NPPO of New Zealand conduct an                          accompanied by a phytosanitary                        Order 7400.11B at NARA, call (202)
                                                investigation and appropriate remedial                  certificate of inspection issued by the               741–6030, or go to https://
                                                actions have been implemented.                          New Zealand NPPO with an additional                   www.archives.gov/federal-register/cfr/
                                                   (d)(1) Packinghouse requirements. All                declaration stating that the fruit in the
                                                                                                                                                              ibr-locations.html.
                                                packinghouses that participate in the                   consignment were grown, packed, and
                                                                                                                                                                 FAA Order 7400.11, Airspace
                                                export program must be approved by                      inspected and found to be free of
                                                                                                                                                              Designations and Reporting Points, is
                                                and registered with the New Zealand                     quarantine pests in accordance with the
                                                                                                                                                              published yearly and effective on
                                                NPPO in accordance with the                             requirements of the systems approach.
                                                                                                                                                              September 15.
                                                requirements of the operational                         (Approved by the Office of Management
                                                                                                        and Budget under control number 0579–                 FOR FURTHER INFORMATION CONTACT: John
                                                workplan.
                                                   (2) During the time the packinghouse                 0456)                                                 Fornito, Operations Support Group,
                                                is in use for exporting persimmons to                                                                         Eastern Service Center, Federal Aviation
                                                                                                          Done in Washington, DC, this 27th day of
                                                the United States, the packinghouse                     September 2017.
                                                                                                                                                              Administration, P.O. Box 20636,
                                                may only accept persimmons from                                                                               Atlanta, Georgia 30320; telephone (404)
                                                                                                        Michael C. Gregoire,
                                                registered approved places of                                                                                 305–6364.
                                                                                                        Acting Administrator, Animal and Plant
                                                production and the fruit must be                        Health Inspection Service.                            SUPPLEMENTARY INFORMATION:
                                                segregated from fruit intended for other                [FR Doc. 2017–21185 Filed 10–2–17; 8:45 am]           Authority for This Rulemaking
                                                markets.                                                BILLING CODE 3410–34–P
                                                   (3) All diseased or insect-infested fruit                                                                    The FAA’s authority to issue rules
                                                and fruit with surface pests must be                                                                          regarding aviation safety is found in
                                                culled either before or during packing                                                                        Title 49 of the United States Code.
                                                                                                        DEPARTMENT OF TRANSPORTATION                          Subtitle I, Section 106 describes the
                                                and removed from the packinghouse.
                                                Culling must also include any damaged                   Federal Aviation Administration                       authority of the FAA Administrator.
                                                or deformed fruit.                                                                                            Subtitle VII, Aviation Programs,
                                                   (4) Boxes or other containers in which               14 CFR Part 71                                        describes in more detail the scope of the
                                                the fruit is shipped must be marked to                                                                        agency’s authority. This rulemaking is
                                                identify the place of production where                  [Docket No. FAA–2017–0320; Airspace                   promulgated under the authority
                                                the fruit originated and the                            Docket No. 17–ASO–12]                                 described in Subtitle VII, Part A,
                                                packinghouse where it was packed.                                                                             Subpart I, Section 40103. Under that
                                                                                                        Establishment of Class E Airspace;
                                                   (5) The NPPO of New Zealand must                                                                           section, the FAA is charged with
                                                                                                        Picayune, MS
                                                monitor packinghouse operations to                                                                            prescribing regulations to assign the use
                                                verify that the packinghouses are                       AGENCY:  Federal Aviation                             of airspace necessary to ensure the
                                                complying with the requirements of the                  Administration (FAA), DOT.                            safety of aircraft and the efficient use of
                                                systems approach. If the NPPO of New                    ACTION: Final rule.                                   airspace. This regulation is within the
                                                Zealand finds that a packinghouse is not                                                                      scope of that authority as it establishes
                                                complying with the requirements of this                 SUMMARY:   This action establishes Class              Class E airspace extending upward from
                                                section, no fruit from the packinghouse                 E airspace extending upward from 700                  700 feet above the surface at Highland
                                                will be eligible for export to the United               feet above the surface at Picayune, MS,               Community Hospital Heliport,
                                                States until APHIS and the NPPO of                      to accommodate new area navigation                    Picayune, MS, to support IFR operations
                                                New Zealand conduct an investigation                    (RNAV) global positioning system (GPS)                under standard instrument approach
                                                and appropriate remedial actions have                   standard instrument approach                          procedures at the heliport.
                                                been implemented.                                       procedures (SIAPs) serving Highland
                                                   (e) Sampling. Inspectors from the                    Community Hospital Heliport.                          History
                                                NPPO of New Zealand must inspect a                      Controlled airspace is necessary for the                 The FAA published a notice of
                                                biometric sample of the fruit from each                 safety and management of instrument                   proposed rulemaking (NPRM in the
                                                consignment at a rate jointly agreed                    flight rules (IFR) operations at the                  Federal Register (82 FR 25991, June 6,
                                                upon by APHIS and the NPPO of New                       heliport.                                             2017) Docket No. FAA–2017–0320 to
                                                Zealand. The inspectors must visually                   DATES: Effective 0901 UTC, December 7,                establish Class E airspace extending
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                                                inspect for quarantine pests listed in the              2017. The Director of the Federal                     upward from 700 feet above the surface
                                                operational workplan required by                        Register approves this incorporation by               at Highland Community Hospital
                                                paragraph (a) of this section and must                  reference action under title 1, Code of               Heliport, Picayune, MS, due to the new
                                                cut fruit to inspect for the Lepidoptera                Federal Regulations, part 51, subject to              RNAV (GPS) standard instrument
                                                pests of concern when visual signs of                   the annual revision of FAA Order                      approach procedures developed for IFR
                                                the internal feeders are present. If                    7400.11 and publication of conforming                 operations at the heliport. Interested
                                                quarantine pests are detected in this                   amendments.                                           parties were invited to participate in


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Document Created: 2017-10-03 01:01:28
Document Modified: 2017-10-03 01:01:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective November 2, 2017.
ContactMr. David B. Lamb, Senior Regulatory Policy Specialist, IRM, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-2103.
FR Citation82 FR 45955 
RIN Number0579-AE26

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