83 FR 13375 - Importation of Fresh Cherimoya Fruit From Chile Into the United States
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service Federal Register Volume 83, Issue 61 (March 29, 2018)
Animal and Plant Health Inspection Service
Federal Register Volume 83, Issue 61 (March 29, 2018)
| Page Range | 13375-13378 | |
| FR Document | 2018-06289 |
[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)] [Rules and Regulations] [Pages 13375-13378] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06289] ======================================================================== 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. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations [[Page 13375]] DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2015-0015] RIN 0579-AE13 Importation of Fresh Cherimoya Fruit From Chile Into the United States AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are amending the regulations to allow the importation of fresh cherimoya fruit from Chile into the continental United States in accordance with a systems approach as an alternative to the current required treatment. Commercial consignments of fresh cherimoya fruit are currently authorized entry into all ports of the United States from Chile subject to a mandatory soapy water and wax treatment. The systems approach includes requirements for production site registration, low pest prevalence area certification, post-harvest processing, and inspection at the packinghouse. The fruit will also be required to be imported in commercial consignments and accompanied by a phytosanitary certificate with an additional declaration stating that the consignment was produced in accordance with the regulations. Fresh cherimoya fruit that does not meet the conditions of the systems approach or is imported into locations outside the continental United States will continue to be allowed to be imported into the United States subject to the current soapy water and wax treatment. This will allow for the importation of fresh cherimoya fruit from Chile while continuing to provide protection against the introduction of plant pests into the continental United States. DATES: Effective April 30, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, Imports, Regulations, and Manuals, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-2352. SUPPLEMENTARY INFORMATION: Background Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 319.56-1 through 319.56-81, referred to below as the regulations or the fruits and vegetables regulations), the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) 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 and spread within the United States. Currently, pursuant to 7 CFR 319.56-4(a), fresh cherimoya (Annona cherimola) fruit from Chile may be imported into the United States provided that the shipment has undergone a soapy water and wax treatment (T102-b) in accordance with the Plant Protection and Quarantine Treatment Manual to mitigate against infestation by the false red mite (Brevipalpus chilensis), is accompanied by a permit, and subjected to inspection and shipping procedures. On April 4, 2016, we published in the Federal Register (81 FR 19060-19063, Docket No. APHIS-2015-0015) a proposal \1\ to amend the regulations to also allow for the importation of fresh cherimoya fruit from Chile into the continental United States provided that fruit is produced in accordance with a systems approach, as an alternative to the currently required treatment. --------------------------------------------------------------------------- \1\ To view the proposed rule, supporting documents, and the comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0015. --------------------------------------------------------------------------- We solicited comments concerning our proposal for 60 days ending June 3, 2016. We received 26 comments by that date. They were from importers, exporters, distributors, organizations, private citizens, and representatives of State and foreign governments. Of these, 17 were supportive of the proposed action. The remainder are discussed below, by topic. Pest Risk Mitigations An issue of concern to several commenters was the potential introduction of the false red mite into the United States via infested fresh cherimoya fruit from Chile. One commenter stated that the post- harvest procedures noted in the pest risk assessment (PRA) of blowing fruit with compressed air to remove dust and insects, along with selection and manual packing of the fruit, would be insufficient to reliably remove pests from the pathway of fresh fruit imported into the continental United States. Another commenter also was concerned about the testing of only two or three fruit samples from each registered production site, wanting to ensure that sample sizes would be large enough to prevent pest-infested fruit from entering citrus and grape production areas in the United States. This commenter suggested incorporating an additional checkpoint test for false red mite on random fruit samples in the packaging sites prior to clearance for export. We note that the mitigations mentioned by the first commenter are standard industry practices, not the mitigations for false red mite (though the standard industry practices may remove some mites from the pathway). Chile will be allowed to export fresh cherimoya fruit to the United States subject to either a soapy water and wax treatment (as currently allowed), or through a systems approach based on low pest prevalence. Orchard and packinghouse inspections will be required to verify and maintain place of production freedom from false red mite. Chile is currently using the same systems approach for a number of other commodities (e.g. citrus, baby kiwi, pomegranate, and kiwi) with a high success rate, and there have been almost no findings of false red mite associated with the importation of susceptible commodities from Chile at U.S. ports of entry. Chile will be taking 100 samples from each production site to verify low prevalence; these samples will undergo pest detection and evaluation using a washing method where the fruit will be placed in a 20-mesh sieve on top of a 200-mesh sieve, sprinkled with a liquid soap and water solution, washed with water at high pressure, and washed with water at low pressure. The process will then be repeated. Then the sieve contents will undergo microscopic [[Page 13376]] analysis to detect the presence of false red mite. Each shipment of fruit destined for the United States also will be sampled for false red mite, usually amounting to 150 fruit, using the same washing method. Contrary to the second commenter's assertion, many more than two or three samples will be taken to verify that false red mite is not present. The sampling will be done in Chile under the supervision of APHIS preclearance employees. The sampling rate for the fruit is designed to detect a 2 percent or greater infestation rate with 95 percent confidence. One commenter questioned why the alternative conditions for the importation of cherimoyas was being proposed and asked if it was a reflection of cost, stating that cost-saving measures alone should not be adopted if they increase the potential for greater phytosanitary risk. The original soapy water and wax treatment for cherimoya is older than the systems approach. Chile requested the systems approach as an option for fresh cherimoya fruit being exported to the continental United States, and we have determined that it provides an equivalent level of phytosanitary security. One commenter expressed support for the proposed rule with the caveat that any treatments conducted be equivalent to those required domestically, and that any imported fruit not meeting proper standards upon arrival in the United States receive additional treatment so as not to waste the fruit. The Tripartite Agreement on Phytosanitary Cooperation between USDA, Chilean Association of Fresh Fruit Exporters, and the Agriculture and Livestock Service of the Chilean Ministry of Agriculture has been in operation since 1982. This agreement requires that all fruit exported to the United States be shipped from Chile with the required phytosanitary certification (preclearance program). Under the preclearance program, the national plant protection organization (NPPO) of Chile must provide an operational workplan to APHIS that details the activities that the NPPO of Chile will, subject to APHIS' approval of the workplan, carry out to comply with our regulations governing the import or export of a specific commodity. Operational workplans establish procedures and guidance for the day-to-day operations of specific import/export programs, specify how phytosanitary issues are dealt with in the exporting country, and make clear who is responsible for dealing with those issues. APHIS and the NPPO of Chile have an existing operational workplan for commodities imported into the United States pursuant to a systems approach; this current operational workplan will be revised to reflect the contents of this final rule. USDA offices in Chile make possible the supervision of all phytosanitary aspects of each export shipment, whether fumigated, treated with soapy water and wax, or inspected, thus providing the necessary quarantine assurances to the U.S. market. All activities related to implementation of system approaches for export are directly supervised by USDA personnel. There is sufficient oversight for all treatment of fruit bound for export from Chile to the United States. If a commodity arrives in the United States and is found to be infested with a quarantine pest, treatment will be offered only if there is an APHIS-approved treatment available. For fresh cherimoya fruit from Chile, the only approved treatment for false red mite is the soapy water and wax treatment, which must be performed in the country of origin. As there is no APHIS-approved treatment option for infested fresh cherimoya fruit at U.S. ports of entry at this time, consignments found to be infested with quarantine pests would have to be re-exported or destroyed. Another commenter requested that fresh cherimoya fruit produced under this systems approach not be shipped into certain States due to the exotic pest-conducive environments in the Chilean production area, which in turn would place a high risk of infestation on the States' broad range of fruit and vegetable crops. We do not agree with this commenter. Though not unprecedented, taking this kind of action for such a minor commodity would be unusual. APHIS believes that the proposed systems approach mitigations are sufficient to provide phytosanitary protection. As previously indicated, the systems approach currently is being used for citrus, baby kiwi, pomegranate, and kiwi with a high success rate, with almost no interceptions of false red mite at U.S. ports of entry. Furthermore, from 1984 to 2013 there have been no interceptions of Brevipalpus chilensis on cherimoya from Chile.\2\ --------------------------------------------------------------------------- \2\ See footnote 1 for a link to the Commodity Import Evaluation Document. --------------------------------------------------------------------------- Following post-harvest processing, fresh cherimoya fruit must undergo inspection and sampling to check for the presence of false red mites. Two commenters stated that checking for the pest presence in fruit should be done only in the final stages of the process during the preclearance program inspection. One of these commenters also expressed concern regarding the use of biometric sampling instead of the 2 percent currently used for phytosanitary inspections of fresh cherimoya fruit. The commenter stated that this represented a larger number of fruit and therefore would result in a greater loss of boxes from commercial batches if sampled fruit is to be discarded. During the preclearance program inspection in Chile, any consignments containing false red mite will be rejected and the production sites will be removed from the program for the rest of that harvest season. Production sites will have to requalify as low prevalence before they can ship in the next season. With respect to the issue of biometric sampling, the proposed method is not destructive sampling. Once the biometric sample is drawn from each consignment of fruit, the fruit will be visually inspected for quarantine pests and a portion of the biometric sample must be washed with soapy water. The collected filtrate after washing must then be microscopically examined for the presence of false red mite. Fruit samples that do not contain false red mite can simply be washed and placed back into their boxes. APHIS will select the sampling rate based on the hypergeometric distribution; normally to find a 2 percent pest population, 150 fruits will be inspected. Except for very small shipments, a 2 percent straight sample will require sampling more fruit than the hypergeometric distribution would require. Again, we note that this is not destructive sampling, but merely a wash for mite, after which, uninfested fruits would be returned to their boxes. Economic Impacts One commenter expressed concern that the proposed regulation does not provide a monetary assessment or a prediction of how the regulation would impact the price of fruit. We do not have information on whether the systems approach allowed by this rule will lower the cost of exporting fresh cherimoya fruit from Chile to the United States, in comparison to the current soapy water and wax treatment for false red mite, or on the extent to which any cost savings may be passed on to U.S. importers. We expect cost savings due to this rule will be minimal. We also expect any increase in the quantity of fresh cherimoya fruit imported from Chile because of this rule to be limited, given that over 80 percent of Chile's fresh cherimoya fruit exports are already destined for the United States. If modest price or quantity [[Page 13377]] effects for fresh cherimoya fruit imports from Chile do occur, impacts for U.S. producers will be slight because of different marketing seasons. As reported by the Agricultural Marketing Resource Center,\3\ the marketing season for fresh California cherimoya fruit usually starts in January and lasts until May. Fresh cherimoya fruit imports from South America (mainly from Chile) are usually in the fall. --------------------------------------------------------------------------- \3\ This information may be viewed on the internet at http://www.agmrc.org/commodities-products/fruits/cherimoya/. _____________________________________- Miscellaneous We have made minor, nonsubstantive changes to clarify a few provisions in the regulatory text. These editorial changes do not substantively affect the import requirements. Therefore, for the reasons given in the proposed rule and 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 final 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 website (see footnote 1 in this document for a link to Regulations.gov) or by contacting the person listed under FOR FURTHER INFORMATION CONTACT. Over 80 percent of Chile's fresh cherimoya fruit exports are to the United States. Any economic impact of this rule for U.S. entities will be minor because the volume of fresh cherimoya fruit imported from Chile is not expected to change significantly. Any effect on fresh cherimoya fruit prices received by U.S. producers will be all the more muted because of the difference in marketing seasons. As previously indicated, the Agricultural Marketing Resource Center reports that the season for fresh California cherimoya fruit usually starts in January and lasts until May. Fresh cherimoya fruit from South America (mainly from Chile) usually is imported in the fall. 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 cherimoya fruit to be imported into the continental United States from Chile under a systems approach. State and local laws and regulations regarding fresh cherimoya fruit 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 requirements included in this final rule, which were filed under control number 0579-0444, 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 319.56-82 is added to read as follows: Sec. 319.56-82 Fresh cherimoya from Chile. Fresh cherimoya (Annona cherimola) fruit may be imported into the United States from Chile only under the following conditions and in accordance with all other applicable provisions of this subpart. These conditions are designed to prevent the introduction of the following quarantine pest: Brevipalpus chilensis mites. (a) Commercial consignments. The fresh cherimoya fruit may be imported in commercial consignments only. (b) The risks presented by Brevipalpus chilensis mites must be addressed in one of the following ways: (1) Importation into the United States. The fresh cherimoya fruit are subject to treatment and certification consisting of: (i) A soapy water and wax treatment, in accordance with part 305 of this chapter. (ii) Each consignment of fresh cherimoya fruit must be accompanied by documentation to validate foreign site preclearance inspection after soapy water and wax treatment completed in Chile; or (2) Importation into the Continental United States. The fresh cherimoya fruit are subject to a systems approach consisting of the following: (i) Production site registration. The production site where the fruit is grown must be registered with the national plant protection organization (NPPO) of Chile. Harvested cherimoya must be placed in field cartons or containers that are marked to show the official registration of the production site. Registration must be renewed annually. (ii) Low-prevalence production site certification. The fruit must originate from a low-prevalence production site to be imported under the conditions in this section. Between 1 and 30 days prior to harvest, random samples of leaves must be collected from each registered production site under the direction of the NPPO of Chile. These samples must undergo a pest detection and evaluation method as follows: The leaves must be washed using a flushing method, placed in a 20-mesh sieve on top of a 200-mesh sieve, sprinkled with a liquid soap and water solution, washed with water at high pressure, and washed with water at low pressure. The process must then be repeated. The contents of the 200-mesh sieve must then be placed on a petri dish and analyzed for the presence of live B. chilensis mites. If a single live B. [[Page 13378]] chilensis mite is found, the production site will not qualify for certification as a low-prevalence production site. Each production site may have only one opportunity per season to qualify as a low-prevalence production site, and certification of low prevalence will be valid for one harvest season only. The NPPO of Chile will present a list of certified production sites to APHIS. Fruit from those production sites that do not meet the requirements for certification as low-prevalence production sites may still be imported into the United States subject to treatment as listed in paragraph (b)(1) of this section. (iii) Post-harvest processing. After harvest, all damaged or diseased fruits must be culled at the packinghouse and remaining fruit must be packed into new, clean boxes, crates, or other APHIS-approved packing containers. (iv) Phytosanitary inspection. Fruit must be inspected in Chile at an APHIS-approved inspection site under the direction of APHIS inspectors in coordination with the NPPO of Chile following any post- harvest processing. A biometric sample must be drawn and examined from each consignment. Fresh cherimoya fruit can be shipped to the continental United States under the systems approach only if the consignment passes inspection. Any consignment that does not meet the requirements of this paragraph for inspection can still be imported into the United States subject to treatment as listed in paragraph (b)(1) of this section. Inspection procedures are as follows: (A) Fruit presented for inspection must be identified in the shipping documents accompanying each lot of fruit to specify the production site or sites in which the fruit was produced and the packing shed or sheds in which the fruit was processed. This identification must be maintained until the fruit is released for entry into the United States. (B) A biometric sample of the boxes, crates, or other APHIS- approved packing containers from each consignment will be selected by the NPPO of Chile, and the fruit from these boxes, crates, or other APHIS-approved packing containers will be visually inspected for quarantine pests. If a single live B. chilensis mite is found during the inspection process, the certified low-prevalence production site where the fruit was grown will lose its certification for the remainder of the harvest season. (v) Phytosanitary certificate. Each consignment of fresh cherimoya fruit must be accompanied by a phytosanitary certificate issued by the NPPO of Chile that contains an additional declaration stating that the fruit in the consignment was inspected and found free of Brevipalpus chilensis and was grown, packed, and shipped in accordance with the requirements of Sec. 319.56-82(b)(2). (Approved by the Office of Management and Budget under control number 0579-0444) Done in Washington, DC, this 23rd day of March 2018. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2018-06289 Filed 3-28-18; 8:45 am] BILLING CODE 3410-34-P
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Rules and Regulations Federal Register
Vol. 83, No. 61
Thursday, March 29, 2018
This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: Ms. Pest Risk Mitigations
contains regulatory documents having general Claudia Ferguson, Senior Regulatory An issue of concern to several
applicability and legal effect, most of which Policy Specialist, Regulatory
are keyed to and codified in the Code of commenters was the potential
Coordination and Compliance, Imports, introduction of the false red mite into
Federal Regulations, which is published under Regulations, and Manuals, PPQ, APHIS,
50 titles pursuant to 44 U.S.C. 1510. the United States via infested fresh
4700 River Road Unit 133, Riverdale, cherimoya fruit from Chile. One
The Code of Federal Regulations is sold by MD 20737–1231; (301) 851–2352. commenter stated that the post-harvest
the Superintendent of Documents. SUPPLEMENTARY INFORMATION: procedures noted in the pest risk
assessment (PRA) of blowing fruit with
Background compressed air to remove dust and
DEPARTMENT OF AGRICULTURE insects, along with selection and
Under the regulations in ‘‘Subpart—
Animal and Plant Health Inspection Fruits and Vegetables’’ (7 CFR 319.56– manual packing of the fruit, would be
Service insufficient to reliably remove pests
1 through 319.56–81, referred to below
from the pathway of fresh fruit imported
as the regulations or the fruits and
7 CFR Part 319 into the continental United States.
vegetables regulations), the Animal and
Another commenter also was concerned
[Docket No. APHIS–2015–0015] Plant Health Inspection Service (APHIS)
about the testing of only two or three
of the United States Department of
RIN 0579–AE13 fruit samples from each registered
Agriculture (USDA) prohibits or
production site, wanting to ensure that
restricts the importation of fruits and
Importation of Fresh Cherimoya Fruit sample sizes would be large enough to
vegetables into the United States from
From Chile Into the United States prevent pest-infested fruit from entering
certain parts of the world to prevent
citrus and grape production areas in the
AGENCY: Animal and Plant Health plant pests from being introduced into United States. This commenter
Inspection Service, USDA. and spread within the United States. suggested incorporating an additional
ACTION: Final rule. Currently, pursuant to 7 CFR 319.56– checkpoint test for false red mite on
4(a), fresh cherimoya (Annona random fruit samples in the packaging
SUMMARY: We are amending the cherimola) fruit from Chile may be sites prior to clearance for export.
regulations to allow the importation of imported into the United States We note that the mitigations
fresh cherimoya fruit from Chile into the provided that the shipment has mentioned by the first commenter are
continental United States in accordance undergone a soapy water and wax standard industry practices, not the
with a systems approach as an treatment (T102-b) in accordance with mitigations for false red mite (though
alternative to the current required the Plant Protection and Quarantine the standard industry practices may
treatment. Commercial consignments of Treatment Manual to mitigate against remove some mites from the pathway).
fresh cherimoya fruit are currently infestation by the false red mite Chile will be allowed to export fresh
authorized entry into all ports of the (Brevipalpus chilensis), is accompanied cherimoya fruit to the United States
United States from Chile subject to a by a permit, and subjected to inspection subject to either a soapy water and wax
mandatory soapy water and wax and shipping procedures. treatment (as currently allowed), or
treatment. The systems approach On April 4, 2016, we published in the through a systems approach based on
includes requirements for production Federal Register (81 FR 19060–19063, low pest prevalence. Orchard and
site registration, low pest prevalence Docket No. APHIS–2015–0015) a packinghouse inspections will be
area certification, post-harvest proposal 1 to amend the regulations to required to verify and maintain place of
processing, and inspection at the also allow for the importation of fresh production freedom from false red mite.
packinghouse. The fruit will also be cherimoya fruit from Chile into the Chile is currently using the same
required to be imported in commercial continental United States provided that systems approach for a number of other
consignments and accompanied by a fruit is produced in accordance with a commodities (e.g. citrus, baby kiwi,
phytosanitary certificate with an systems approach, as an alternative to pomegranate, and kiwi) with a high
additional declaration stating that the the currently required treatment. success rate, and there have been almost
consignment was produced in no findings of false red mite associated
accordance with the regulations. Fresh We solicited comments concerning
with the importation of susceptible
cherimoya fruit that does not meet the our proposal for 60 days ending June 3,
commodities from Chile at U.S. ports of
conditions of the systems approach or is 2016. We received 26 comments by that
entry. Chile will be taking 100 samples
imported into locations outside the date. They were from importers,
from each production site to verify low
continental United States will continue exporters, distributors, organizations,
prevalence; these samples will undergo
to be allowed to be imported into the private citizens, and representatives of
pest detection and evaluation using a
United States subject to the current State and foreign governments. Of these,
washing method where the fruit will be
soapy water and wax treatment. This 17 were supportive of the proposed
rmajette on DSKBCKNHB2PROD with RULES
placed in a 20-mesh sieve on top of a
will allow for the importation of fresh action. The remainder are discussed
200-mesh sieve, sprinkled with a liquid
cherimoya fruit from Chile while below, by topic.
soap and water solution, washed with
continuing to provide protection against water at high pressure, and washed with
1 To view the proposed rule, supporting
the introduction of plant pests into the water at low pressure. The process will
documents, and the comments we received, go to
continental United States. http://www.regulations.gov/ then be repeated. Then the sieve
DATES: Effective April 30, 2018. #!docketDetail;D=APHIS-2015-0015. contents will undergo microscopic
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![13378 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations
chilensis mite is found, the production NPPO of Chile that contains an SUPPLEMENTARY INFORMATION: This
site will not qualify for certification as additional declaration stating that the action, pursuant to 5 U.S.C. 553,
a low-prevalence production site. Each fruit in the consignment was inspected amends regulations issued to carry out
production site may have only one and found free of Brevipalpus chilensis a marketing order as defined in 7 CFR
opportunity per season to qualify as a and was grown, packed, and shipped in 900.2(j). This rule is issued under
low-prevalence production site, and accordance with the requirements of Marketing Agreement and Order No.
certification of low prevalence will be § 319.56–82(b)(2). 906, as amended (7 CFR part 906),
valid for one harvest season only. The (Approved by the Office of Management regulating the handling of oranges and
NPPO of Chile will present a list of and Budget under control number 0579– grapefruit grown in the Lower Rio
certified production sites to APHIS. 0444) Grande Valley in Texas. Part 906
Fruit from those production sites that do (referred to as the ‘‘Order’’), is effective
Done in Washington, DC, this 23rd day of
not meet the requirements for under the Agricultural Marketing
March 2018.
certification as low-prevalence Agreement Act of 1937, as amended (7
Kevin Shea,
production sites may still be imported U.S.C. 601–674), hereinafter referred to
into the United States subject to Administrator, Animal and Plant Health as the ‘‘Act.’’ The Committee locally
treatment as listed in paragraph (b)(1) of Inspection Service. administers the Order and is comprised
this section. [FR Doc. 2018–06289 Filed 3–28–18; 8:45 am] of producers and handlers of oranges
(iii) Post-harvest processing. After BILLING CODE 3410–34–P and grapefruit operating within the
harvest, all damaged or diseased fruits production area.
must be culled at the packinghouse and The Department of Agriculture
remaining fruit must be packed into DEPARTMENT OF AGRICULTURE (USDA) is issuing this rule in
new, clean boxes, crates, or other conformance with Executive Orders
APHIS-approved packing containers. Agricultural Marketing Service 13563 and 13175. This action falls
(iv) Phytosanitary inspection. Fruit within a category of regulatory actions
must be inspected in Chile at an APHIS- 7 CFR Part 906 that the Office of Management and
approved inspection site under the [Doc. No. AMS–SC–17–0037; SC17–906–1 Budget (OMB) exempted from Executive
direction of APHIS inspectors in FR] Order 12866 review. Additionally,
coordination with the NPPO of Chile because this rule does not meet the
following any post-harvest processing. Oranges and Grapefruit Grown in the definition of a significant regulatory
A biometric sample must be drawn and Lower Rio Grande Valley in Texas; action, it does not trigger the
examined from each consignment. Fresh Decreased Assessment Rate requirements contained, in Executive
cherimoya fruit can be shipped to the Order 13771. See OMB’s Memorandum
AGENCY: Agricultural Marketing Service,
continental United States under the titled ‘‘Interim Guidance Implementing
USDA.
systems approach only if the Section 2 of the Executive Order of
consignment passes inspection. Any ACTION: Final rule.
January 30, 2017, titled ‘‘Reducing
consignment that does not meet the SUMMARY: This rule implements a Regulation and Controlling Regulatory
requirements of this paragraph for recommendation from the Texas Valley Costs’’ (February 2, 2017).
inspection can still be imported into the Citrus Committee (Committee) to This rule has been reviewed under
United States subject to treatment as decrease the assessment rate established Executive Order 12988, Civil Justice
listed in paragraph (b)(1) of this section. for the 2017–18 and subsequent fiscal Reform. Under the provisions of the
Inspection procedures are as follows: periods for oranges and grapefruit Order now in effect, Texas orange and
(A) Fruit presented for inspection grapefruit handlers are subject to
handled under Marketing Order 906.
must be identified in the shipping assessments. Funds to administer the
The assessment rate will remain in
documents accompanying each lot of Order are derived from such
effect indefinitely unless modified,
fruit to specify the production site or assessments. It is intended that the
suspended, or terminated. This rule also
sites in which the fruit was produced assessment rate will be applicable to all
makes administrative revisions to the
and the packing shed or sheds in which assessable oranges and grapefruit
subpart headings of the Order.
the fruit was processed. This beginning on August 1, 2017, and
identification must be maintained until DATES: Effective April 30, 2018. continue until amended, suspended, or
the fruit is released for entry into the FOR FURTHER INFORMATION CONTACT: terminated.
United States. Doris Jamieson, Marketing Specialist, or The Act provides that administrative
(B) A biometric sample of the boxes, Christian D. Nissen, Regional Director, proceedings must be exhausted before
crates, or other APHIS-approved Southeast Marketing Field Office, parties may file suit in court. Under
packing containers from each Marketing Order and Agreement section 608c(15)(A) of the Act, any
consignment will be selected by the Division, Specialty Crops Program, handler subject to an order may file
NPPO of Chile, and the fruit from these AMS, USDA; Telephone: (863) 324– with USDA a petition stating that the
boxes, crates, or other APHIS-approved 3375, Fax: (863) 291–8614, or Email: order, any provision of the order, or any
packing containers will be visually Doris.Jamieson@ams.usda.gov or obligation imposed in connection with
inspected for quarantine pests. If a Christian.Nissen@ams.usda.gov. the order is not in accordance with law
single live B. chilensis mite is found Small businesses may request and request a modification of the order
during the inspection process, the information on complying with this or to be exempted therefrom. Such
certified low-prevalence production site regulation by contacting Richard Lower, handler is afforded the opportunity for
rmajette on DSKBCKNHB2PROD with RULES
where the fruit was grown will lose its Marketing Order and Agreement a hearing on the petition. After the
certification for the remainder of the Division, Specialty Crops Program, hearing, USDA would rule on the
harvest season. AMS, USDA, 1400 Independence petition. The Act provides that the
(v) Phytosanitary certificate. Each Avenue SW, STOP 0237, Washington, district court of the United States in any
consignment of fresh cherimoya fruit DC 20250–0237; Telephone: (202) 720– district in which the handler is an
must be accompanied by a 2491, Fax: (202) 720–8938, or Email: inhabitant, or has his or her principal
phytosanitary certificate issued by the Richard.Lower@ams.usda.gov. place of business, has jurisdiction to
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Document Created: 2018-03-29 00:24:49
Document Modified: 2018-03-29 00:24:49
| 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 April 30, 2018. | |
| Contact | Ms. Claudia Ferguson, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, Imports, Regulations, and Manuals, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-2352. | |
| FR Citation | 83 FR 13375 | |
| RIN Number | 0579-AE13 | |
| CFR Associated | Coffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables |
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