83_FR_25654 83 FR 25547 - Importation of Tree Tomatoes From Ecuador Into the Continental United States

83 FR 25547 - Importation of Tree Tomatoes From Ecuador Into the Continental United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 83, Issue 107 (June 4, 2018)

Page Range25547-25549
FR Document2018-11890

We are amending the fruit and vegetable regulations to allow the importation of tree tomatoes from Ecuador into the continental United States. As a condition of entry, the tree tomatoes must be produced in accordance with a systems approach that includes requirements for importation in commercial consignments, registration and monitoring of places of production, field monitoring and pest control practices, trapping, and inspection for quarantine pests by the national plant protection organization of Ecuador. This action will allow the importation of tree tomatoes from Ecuador while continuing to protect against the introduction of plant pests into the United States.

Federal Register, Volume 83 Issue 107 (Monday, June 4, 2018)
[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Rules and Regulations]
[Pages 25547-25549]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11890]



========================================================================
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. 107 / Monday, June 4, 2018 / Rules 
and Regulations

[[Page 25547]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0072]
RIN 0579-AE23


Importation of Tree Tomatoes From Ecuador Into the Continental 
United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending the fruit and vegetable regulations to allow 
the importation of tree tomatoes from Ecuador into the continental 
United States. As a condition of entry, the tree tomatoes must be 
produced in accordance with a systems approach that includes 
requirements for importation in commercial consignments, registration 
and monitoring of places of production, field monitoring and pest 
control practices, trapping, and inspection for quarantine pests by the 
national plant protection organization of Ecuador. This action will 
allow the importation of tree tomatoes from Ecuador while continuing to 
protect against the introduction of plant pests into the United States.

DATES: Effective July 5, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, M.S., 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

    The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-83, 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.
    In response to a request from the national plant protection 
organization (NPPO) of Ecuador, we prepared a pest risk assessment 
(PRA) to analyze the plant pest risks associated with the importation 
of tree tomato from Ecuador into the continental United States. The PRA 
identified four pests of quarantine significance present in Ecuador 
that could follow the pathway of tree tomatoes from Ecuador into the 
continental United States. They are:

Fruit Flies

 South American fruit fly (Anastrepha fracterculus)
 Mediterranean fruit fly (Ceratitis capitata)

Moth

 Tomato fruit borer (Neoleucinodes elegantalis)

Virus

 Tamarillo mosaic virus

    Based on the findings of the PRA, we prepared a risk management 
document (RMD) to determine whether phytosanitary measures exist that 
would address the quarantine plant pest risk. The RMD described the 
phytosanitary measures required by this rule and provides evidence of 
their efficacy in preventing the introduction of the identified 
quarantine pests. Those measures will be applied as part of a systems 
approach to phytosanitary security.
    On June 21, 2017, we published in the Federal Register (82 FR 
28262-28266, Docket No. APHIS-2015-0072) a proposal \1\ to amend the 
regulations to allow the importation of tree tomatoes from Ecuador into 
the continental United States under a systems approach that would 
include requirements for importation in commercial consignments, 
registration and monitoring of places of production, field monitoring 
and pest control practices, trapping, and inspection for quarantine 
pests by the NPPO of Ecuador.
---------------------------------------------------------------------------

    \1\ To view the proposed rule, supporting documents, including 
the PRA and RMD, and the comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0072.
---------------------------------------------------------------------------

    We solicited comments concerning our proposal for 60 days ending 
August 21, 2017. We received five comments by that date, from private 
citizens and a State department of agriculture. Two commenters 
supported the action, while three opposed. The comments are discussed 
below.
    One commenter noted that the PRA rated the fruit flies as high and 
the moth and virus as a medium for likelihood for introduction. The 
commenter stated that these pests have a wide host range, which include 
economically important hosts. Furthermore, the life stages and symptoms 
of these pests and disease could be difficult to detect during post-
harvest and port-of-entry inspections. As such, the commenter 
recommended that shipments of tree tomato from Ecuador not be allowed 
into Florida.
    We have determined, for the reasons described in the RMD, that the 
specified measures in the RMD will effectively mitigate the risks 
associated with the importation of tree tomato from Ecuador. Under the 
systems approach, biometric samples of tree tomato fruit must be 
inspected by the NPPO of Ecuador following any post-harvest processing 
and found free of N. elegantalis and Tamarillo mosaic virus. These 
inspections, in addition to other phytosanitary measures described in 
the RMD, will be sufficient to reduce the risk.
    One commenter opposed the importation of tree tomatoes from Ecuador 
due to the risk of introduction of invasive species.
    As a signatory of the World Trade Organization agreement on 
Sanitary and Phytosanitary Measures, the United States is obligated to 
consider requests from foreign governments for access to the U.S. 
market. We have considered the risks associated with the action and, 
based on the PRA and RMD, we have determined that the mitigation 
measures are effective to protect animal and plant health within the 
United States.
    The same commenter stated that we needed to consider the economic 
effects this action would have on U.S. tomato growers.
    As mentioned in the economic analysis, tree tomatoes are not 
commercially grown in the United States. Therefore, we have determined 
that this action will not have a

[[Page 25548]]

significant economic impact on U.S. tomato producers.
    One commenter stated that we cannot control the pesticides used by 
Ecuador on their products.
    While the United States does not have direct control over 
pesticides that are used on food commodities in other countries such as 
tree tomatoes from Ecuador, there are regulations in the United States 
concerning the importation of food to ensure that commodities do not 
enter the United States containing illegal pesticide residues. 
Specifically, the Environmental Protection Agency (EPA) has the 
authority to establish, change, or cancel tolerances for food 
commodities through section 408 of the Federal Food, Drug, and Cosmetic 
Act. The EPA tolerance levels are enforced once the commodity enters 
the United States. Federal Government food inspectors are responsible 
for monitoring food commodities that enter the United States to confirm 
that tolerance levels are not exceeded and that residues of pesticide 
chemicals that are banned in the United States, like DDT, are not 
present on the commodities.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, without 
change.

    Note: In the proposed rule, the systems approach for tree tomato 
from Ecuador was designated as Sec.  319.56-78; however, that 
section has since been utilized. Therefore, the systems approach 
will be added as Sec.  319.56-83.

Executive Orders 12866 and 13771 and Regulatory Flexibility Act
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget. Further, because this rule is 
not significant, it does not trigger the requirements of Executive 
Order 13771.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
on the Regulations.gov website (see footnote 1 in this document for a 
link to Regulations.gov) or by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Tree tomatoes are not commercially grown in the United States. U.S. 
consumers will benefit from having Ecuador as a new source of fresh 
tree tomato fruit. Ecuador has approximately 40 tree tomato production 
sites, with a total growing area of 650 acres. They are served by a 
single packinghouse. In 2014 (most recent data available), Ecuador 
exported approximately 5.1 metric tons of fresh tree tomatoes to 
Germany, Canada, Spain, Holland, Italy, and Japan in more than 130 
small shipments. Based on conversations with Ecuadorian officials, we 
expect that initially there will be about 13 shipments of tree tomatoes 
from Ecuador, with a total volume of about 0.5 metric tons.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.
Executive Order 12988
    This final rule allows fresh tree tomato to be imported into the 
continental United States from Ecuador. State and local laws and 
regulations regarding tree tomato 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 and 
recordkeeping requirements included in this final rule, which were 
filed under 0579-0464, 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 319.56-83 is added to read as follows:


Sec.  319.56-83  Tree tomatoes from Ecuador.

    Fresh tree tomatoes (Solanum betaceum Cavanilles) may be imported 
into the continental United States from Ecuador only under the 
conditions of this systems approach described in this section. These 
conditions are designed to prevent the introduction of the following 
quarantine pests: Anastrepha fraterculus, South American fruit fly; 
Ceratitis capitata, Mediterranean fruit fly; Neoleucinodes elegantalis, 
a moth; and the Tamarillo mosaic virus.
    (a) General requirements--(1) Operational workplan. The national 
plant protection organization (NPPO) of Ecuador must provide an 
operational workplan to APHIS that details the activities that the NPPO 
of Ecuador will carry out to meet the requirements of this section. The 
operational workplan must be approved by APHIS and include and describe 
specific requirements as set forth in this section. APHIS will be 
directly involved with the NPPO of Ecuador in monitoring and auditing 
implementation of the systems approach.
    (2) Registered places of production. Tree tomatoes considered for 
export to the continental United States must be produced at places of 
production that are registered with the NPPO of Ecuador.
    (3) Registered packinghouses. Tree tomatoes must be packed for 
export to the continental United States in pest-exclusionary 
packinghouses that are registered with the NPPO of Ecuador.
    (4) Recordkeeping. The NPPO of Ecuador must maintain all forms and 
documents related to export program activities in registered places of 
production and packinghouses for at least 1 year and provide them to 
APHIS upon request.
    (5) Identification. The identity of each lot of tree tomatoes from 
Ecuador must

[[Page 25549]]

be maintained throughout the export process, from the place of 
production until the tomatoes are released for entry into the 
continental United States. The means of identification that allows the 
lot to be traced back to the place of production in which it was 
produced, and the packinghouse in which it was packed, must be 
described in the operational workplan.
    (6) Commercial consignments. Tree tomatoes from Ecuador may be 
imported in commercial consignments only.
    (7) Safeguarding. Lots of tree tomatoes destined for export to the 
continental United States must be safeguarded during movement from 
registered places of production to registered packinghouses, and from 
registered packinghouses to arrival at the port of entry into the 
continental United States, as specified by the operational workplan.
    (b) Places of production requirements. (1) Registered places of 
production of tree tomatoes destined for export to the continental 
United States must be determined by APHIS and the NPPO of Ecuador to be 
free from A. fraterculus and C. capitata based on trapping conducted in 
accordance with the operational workplan. If the flies per trap per day 
exceed levels specified in the operational workplan, the place of 
production will be prohibited from exporting tree tomatoes to the 
continental United States until APHIS and the NPPO of Ecuador jointly 
agree that the risk has been mitigated. The NPPO must keep records 
regarding the placement and monitoring of all traps, as well as records 
of all pest detections in these traps, for at least 1 year and provide 
the records to APHIS, upon request.
    (2) Places of production must remove fallen tree tomato fruit in 
accordance with the operational workplan. Fallen fruit may not be 
included in field containers of fruit brought to the packinghouse to be 
packed for export.
    (3) The NPPO of Ecuador must inspect fields at registered places of 
production at least once during the growing season for Tamarillo mosaic 
virus. Sites must be determined by the NPPO to be free of the virus as 
a result of these inspections.
    (4) Starting 60 days before harvest and continuing throughout the 
shipping season, the NPPO of Ecuador must visit and inspect registered 
places of production monthly for signs of infestation. The NPPO of 
Ecuador must allow APHIS to monitor these inspections. The NPPO of 
Ecuador must also certify to APHIS that registered places of production 
have effective fruit fly trapping programs and control guidelines in 
place to reduce pest populations.
    (5) If APHIS or the NPPO of Ecuador determines that a registered 
place of production has failed to follow the requirements in this 
paragraph (b), the place of production will be excluded from the export 
program until APHIS and the NPPO of Ecuador jointly agree that the 
place of production has taken appropriate remedial measures to address 
the plant pest risk.
    (c) Packinghouse requirements. (1) During the time registered 
packinghouses are in use for packing tree tomatoes for export to the 
continental United States, the packinghouse can only accept tree 
tomatoes that are from registered places of production and that are 
produced in accordance with this section.
    (2) Tree tomatoes must be packed in insect-proof cartons or 
containers, or covered with insect-proof mesh or plastic tarpaulin, 
within 24 hours of harvest. These safeguards must remain intact until 
the tree tomatoes arrive in the United States, or the consignment will 
not be allowed to enter the United States.
    (3) All openings to the outside of the packinghouse must be covered 
by screening with openings of not more than 1.6 mm or by some other 
barrier that prevents pests from entering. The packinghouse must have 
double doors at the entrance to the facility and at the interior 
entrance to the area where the tree tomatoes are packed.
    (d) Phytosanitary inspections. A biometric sample of tree tomato 
fruit jointly agreed upon by the NPPO of Ecuador and APHIS must be 
inspected in Ecuador by the NPPO of Ecuador or officials authorized by 
the NPPO of Ecuador following post-harvest processing. The sample must 
be visually inspected for N. elegantalis and Tamarillo mosaic virus. A 
portion of the fruit must then be cut open and inspected for A. 
fraterculus and C. capitata.
    (1) If N. elegantalis is found, the entire lot of fruit will be 
prohibited from import into the United States unless it is treated with 
an approved quarantine treatment monitored by APHIS.
    (2) If Tamarillo mosaic virus is found, the entire lot of fruit 
will be prohibited from importation into the United States.
    (3) If a single larva of A. fraterculus and C. capitata is found, 
the entire lot of fruit will be prohibited from importation to the 
United States and the place of production producing that fruit will be 
suspended from the export program until appropriate measures, as agreed 
upon by the NPPO of Ecuador and APHIS, have been taken.
    (e) Phytosanitary certificate. Each consignment of fresh tree 
tomato fruit from Ecuador must be accompanied by a phytosanitary 
certificate, issued by the NPPO of Ecuador, that contains an additional 
declaration that the tomatoes were produced in accordance with the 
requirements of this section, and have been inspected and found free of 
A. fraterculus, C. capitata, N. elegantalis, and the Tamarillo mosaic 
virus.


(Approved by the Office of Management and Budget under control number 
0579-0464)

    Done in Washington, DC, this 29th day of May 2018.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2018-11890 Filed 6-1-18; 8:45 am]
 BILLING CODE 3410-34-P



                                                                                                                                                                                               25547

                                              Rules and Regulations                                                                                          Federal Register
                                                                                                                                                             Vol. 83, No. 107

                                                                                                                                                             Monday, June 4, 2018



                                              This section of the FEDERAL REGISTER                    importation of fruits and vegetables into              trapping, and inspection for quarantine
                                              contains regulatory documents having general            the United States from certain parts of                pests by the NPPO of Ecuador.
                                              applicability and legal effect, most of which           the world to prevent the introduction                     We solicited comments concerning
                                              are keyed to and codified in the Code of                and dissemination of plant pests that are              our proposal for 60 days ending August
                                              Federal Regulations, which is published under           new to or not widely distributed within                21, 2017. We received five comments by
                                              50 titles pursuant to 44 U.S.C. 1510.
                                                                                                      the United States.                                     that date, from private citizens and a
                                              The Code of Federal Regulations is sold by                 In response to a request from the                   State department of agriculture. Two
                                              the Superintendent of Documents.                        national plant protection organization                 commenters supported the action, while
                                                                                                      (NPPO) of Ecuador, we prepared a pest                  three opposed. The comments are
                                                                                                      risk assessment (PRA) to analyze the                   discussed below.
                                              DEPARTMENT OF AGRICULTURE                               plant pest risks associated with the                      One commenter noted that the PRA
                                                                                                      importation of tree tomato from Ecuador                rated the fruit flies as high and the moth
                                              Animal and Plant Health Inspection                                                                             and virus as a medium for likelihood for
                                                                                                      into the continental United States. The
                                              Service                                                                                                        introduction. The commenter stated that
                                                                                                      PRA identified four pests of quarantine
                                                                                                      significance present in Ecuador that                   these pests have a wide host range,
                                              7 CFR Part 319                                                                                                 which include economically important
                                                                                                      could follow the pathway of tree
                                              [Docket No. APHIS–2015–0072]                            tomatoes from Ecuador into the                         hosts. Furthermore, the life stages and
                                                                                                      continental United States. They are:                   symptoms of these pests and disease
                                              RIN 0579–AE23
                                                                                                                                                             could be difficult to detect during post-
                                                                                                      Fruit Flies                                            harvest and port-of-entry inspections.
                                              Importation of Tree Tomatoes From
                                              Ecuador Into the Continental United                     • South American fruit fly (Anastrepha                 As such, the commenter recommended
                                              States                                                    fracterculus)                                        that shipments of tree tomato from
                                                                                                      • Mediterranean fruit fly (Ceratitis                   Ecuador not be allowed into Florida.
                                              AGENCY:  Animal and Plant Health                          capitata)                                               We have determined, for the reasons
                                              Inspection Service, USDA.                                                                                      described in the RMD, that the specified
                                              ACTION: Final rule.                                     Moth                                                   measures in the RMD will effectively
                                                                                                      • Tomato fruit borer (Neoleucinodes                    mitigate the risks associated with the
                                              SUMMARY:   We are amending the fruit                                                                           importation of tree tomato from
                                              and vegetable regulations to allow the                    elegantalis)
                                                                                                                                                             Ecuador. Under the systems approach,
                                              importation of tree tomatoes from                       Virus                                                  biometric samples of tree tomato fruit
                                              Ecuador into the continental United                                                                            must be inspected by the NPPO of
                                              States. As a condition of entry, the tree               • Tamarillo mosaic virus
                                                                                                                                                             Ecuador following any post-harvest
                                              tomatoes must be produced in                               Based on the findings of the PRA, we                processing and found free of N.
                                              accordance with a systems approach                      prepared a risk management document                    elegantalis and Tamarillo mosaic virus.
                                              that includes requirements for                          (RMD) to determine whether                             These inspections, in addition to other
                                              importation in commercial                               phytosanitary measures exist that would                phytosanitary measures described in the
                                              consignments, registration and                          address the quarantine plant pest risk.                RMD, will be sufficient to reduce the
                                              monitoring of places of production, field               The RMD described the phytosanitary                    risk.
                                              monitoring and pest control practices,                  measures required by this rule and                        One commenter opposed the
                                              trapping, and inspection for quarantine                 provides evidence of their efficacy in                 importation of tree tomatoes from
                                              pests by the national plant protection                  preventing the introduction of the                     Ecuador due to the risk of introduction
                                              organization of Ecuador. This action                    identified quarantine pests. Those                     of invasive species.
                                              will allow the importation of tree                      measures will be applied as part of a                     As a signatory of the World Trade
                                              tomatoes from Ecuador while                             systems approach to phytosanitary                      Organization agreement on Sanitary and
                                              continuing to protect against the                       security.                                              Phytosanitary Measures, the United
                                              introduction of plant pests into the                       On June 21, 2017, we published in the               States is obligated to consider requests
                                              United States.                                          Federal Register (82 FR 28262–28266,                   from foreign governments for access to
                                              DATES: Effective July 5, 2018.                          Docket No. APHIS–2015–0072) a                          the U.S. market. We have considered the
                                              FOR FURTHER INFORMATION CONTACT: Ms.                    proposal 1 to amend the regulations to                 risks associated with the action and,
                                              Claudia Ferguson, M.S., Senior                          allow the importation of tree tomatoes                 based on the PRA and RMD, we have
                                              Regulatory Policy Specialist, Regulatory                from Ecuador into the continental                      determined that the mitigation measures
                                              Coordination and Compliance, Imports,                   United States under a systems approach                 are effective to protect animal and plant
                                              Regulations, and Manuals, PPQ, APHIS,                   that would include requirements for                    health within the United States.
                                              4700 River Road, Unit 133, Riverdale,                   importation in commercial                                 The same commenter stated that we
                                              MD 20737–1231; (301) 851–2352.                          consignments, registration and                         needed to consider the economic effects
sradovich on DSK3GMQ082PROD with RULES




                                              SUPPLEMENTARY INFORMATION:
                                                                                                      monitoring of places of production, field              this action would have on U.S. tomato
                                                                                                      monitoring and pest control practices,                 growers.
                                              Background                                                                                                        As mentioned in the economic
                                                                                                        1 To view the proposed rule, supporting
                                                The regulations in ‘‘Subpart—Fruits                                                                          analysis, tree tomatoes are not
                                                                                                      documents, including the PRA and RMD, and the
                                              and Vegetables’’ (7 CFR 319.56–1                        comments we received, go to http://
                                                                                                                                                             commercially grown in the United
                                              through 319.56–83, referred to below as                 www.regulations.gov/#!docketDetail;D=APHIS-            States. Therefore, we have determined
                                              the regulations) prohibit or restrict the               2015-0072.                                             that this action will not have a


                                         VerDate Sep<11>2014   16:56 Jun 01, 2018   Jkt 244001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\04JNR1.SGM   04JNR1


                                              25548                Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations

                                              significant economic impact on U.S.                     served by a single packinghouse. In                    List of Subjects in 7 CFR Part 319
                                              tomato producers.                                       2014 (most recent data available),                       Coffee, Cotton, Fruits, Imports, Logs,
                                                One commenter stated that we cannot                   Ecuador exported approximately 5.1                     Nursery stock, Plant diseases and pests,
                                              control the pesticides used by Ecuador                  metric tons of fresh tree tomatoes to                  Quarantine, Reporting and
                                              on their products.                                      Germany, Canada, Spain, Holland, Italy,
                                                While the United States does not have                                                                        recordkeeping requirements, Rice,
                                                                                                      and Japan in more than 130 small                       Vegetables.
                                              direct control over pesticides that are                 shipments. Based on conversations with
                                              used on food commodities in other                       Ecuadorian officials, we expect that                     Accordingly, we are amending 7 CFR
                                              countries such as tree tomatoes from                    initially there will be about 13                       part 319 as follows:
                                              Ecuador, there are regulations in the                   shipments of tree tomatoes from
                                              United States concerning the                                                                                   PART 319—FOREIGN QUARANTINE
                                                                                                      Ecuador, with a total volume of about                  NOTICES
                                              importation of food to ensure that                      0.5 metric tons.
                                              commodities do not enter the United                        Under these circumstances, the                      ■ 1. The authority citation for part 319
                                              States containing illegal pesticide                     Administrator of the Animal and Plant                  continues to read as follows:
                                              residues. Specifically, the                             Health Inspection Service has
                                              Environmental Protection Agency (EPA)                                                                            Authority: 7 U.S.C. 450, 7701–7772, and
                                                                                                      determined that this action would not                  7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
                                              has the authority to establish, change, or              have a significant economic impact on                  2.22, 2.80, and 371.3.
                                              cancel tolerances for food commodities                  a substantial number of small entities.
                                              through section 408 of the Federal Food,                                                                       ■ 2. Section 319.56–83 is added to read
                                              Drug, and Cosmetic Act. The EPA                         Executive Order 12988                                  as follows:
                                              tolerance levels are enforced once the                                                                         § 319.56–83      Tree tomatoes from Ecuador.
                                                                                                         This final rule allows fresh tree
                                              commodity enters the United States.
                                                                                                      tomato to be imported into the                            Fresh tree tomatoes (Solanum
                                              Federal Government food inspectors are
                                                                                                      continental United States from Ecuador.                betaceum Cavanilles) may be imported
                                              responsible for monitoring food
                                                                                                      State and local laws and regulations                   into the continental United States from
                                              commodities that enter the United
                                                                                                      regarding tree tomato imported under                   Ecuador only under the conditions of
                                              States to confirm that tolerance levels
                                              are not exceeded and that residues of                   this rule will be preempted while the                  this systems approach described in this
                                              pesticide chemicals that are banned in                  fruit is in foreign commerce. Fresh fruits             section. These conditions are designed
                                              the United States, like DDT, are not                    are generally imported for immediate                   to prevent the introduction of the
                                              present on the commodities.                             distribution and sale to the consuming                 following quarantine pests: Anastrepha
                                                Therefore, for the reasons given in the               public, and remain in foreign commerce                 fraterculus, South American fruit fly;
                                              proposed rule and in this document, we                  until sold to the ultimate consumer. The               Ceratitis capitata, Mediterranean fruit
                                              are adopting the proposed rule as a final               question of when foreign commerce                      fly; Neoleucinodes elegantalis, a moth;
                                              rule, without change.                                   ceases in other cases must be addressed                and the Tamarillo mosaic virus.
                                                                                                      on a case-by-case basis. No retroactive                   (a) General requirements—(1)
                                                 Note: In the proposed rule, the systems              effect will be given to this rule, and this
                                              approach for tree tomato from Ecuador was
                                                                                                                                                             Operational workplan. The national
                                              designated as § 319.56–78; however, that                rule will not require administrative                   plant protection organization (NPPO) of
                                              section has since been utilized. Therefore,             proceedings before parties may file suit               Ecuador must provide an operational
                                              the systems approach will be added as                   in court challenging this rule.                        workplan to APHIS that details the
                                              § 319.56–83.                                                                                                   activities that the NPPO of Ecuador will
                                                                                                      Paperwork Reduction Act
                                                                                                                                                             carry out to meet the requirements of
                                              Executive Orders 12866 and 13771 and                      In accordance with section 3507(d) of                this section. The operational workplan
                                              Regulatory Flexibility Act                              the Paperwork Reduction Act of 1995                    must be approved by APHIS and
                                                This final rule has been determined to                (44 U.S.C. 3501 et seq.), the information              include and describe specific
                                              be not significant for the purposes of                  collection and recordkeeping                           requirements as set forth in this section.
                                              Executive Order 12866 and, therefore,                   requirements included in this final rule,              APHIS will be directly involved with
                                              has not been reviewed by the Office of                  which were filed under 0579–0464,                      the NPPO of Ecuador in monitoring and
                                              Management and Budget. Further,                         have been submitted for approval to the                auditing implementation of the systems
                                              because this rule is not significant, it                Office of Management and Budget                        approach.
                                              does not trigger the requirements of                    (OMB). When OMB notifies us of its                        (2) Registered places of production.
                                              Executive Order 13771.                                  decision, if approval is denied, we will               Tree tomatoes considered for export to
                                                In accordance with the Regulatory                     publish a document in the Federal                      the continental United States must be
                                              Flexibility Act, we have analyzed the                   Register providing notice of what action               produced at places of production that
                                              potential economic effects of this action               we plan to take.                                       are registered with the NPPO of
                                              on small entities. The analysis is                      E-Government Act Compliance                            Ecuador.
                                              summarized below. Copies of the full                                                                              (3) Registered packinghouses. Tree
                                              analysis are available on the                              The Animal and Plant Health                         tomatoes must be packed for export to
                                              Regulations.gov website (see footnote 1                 Inspection Service is committed to                     the continental United States in pest-
                                              in this document for a link to                          compliance with the E-Government Act                   exclusionary packinghouses that are
                                              Regulations.gov) or by contacting the                   to promote the use of the internet and                 registered with the NPPO of Ecuador.
                                              person listed under FOR FURTHER                         other information technologies, to                        (4) Recordkeeping. The NPPO of
                                              INFORMATION CONTACT.                                    provide increased opportunities for                    Ecuador must maintain all forms and
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                                                Tree tomatoes are not commercially                    citizen access to Government                           documents related to export program
                                              grown in the United States. U.S.                        information and services, and for other                activities in registered places of
                                              consumers will benefit from having                      purposes. For information pertinent to                 production and packinghouses for at
                                              Ecuador as a new source of fresh tree                   E-Government Act compliance related                    least 1 year and provide them to APHIS
                                              tomato fruit. Ecuador has approximately                 to this rule, please contact Ms. Kimberly              upon request.
                                              40 tree tomato production sites, with a                 Hardy, APHIS’ Information Collection                      (5) Identification. The identity of each
                                              total growing area of 650 acres. They are               Coordinator, at (301) 851–2483.                        lot of tree tomatoes from Ecuador must


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                                                                   Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations                                                25549

                                              be maintained throughout the export                     guidelines in place to reduce pest                        (e) Phytosanitary certificate. Each
                                              process, from the place of production                   populations.                                           consignment of fresh tree tomato fruit
                                              until the tomatoes are released for entry                  (5) If APHIS or the NPPO of Ecuador                 from Ecuador must be accompanied by
                                              into the continental United States. The                 determines that a registered place of                  a phytosanitary certificate, issued by the
                                              means of identification that allows the                 production has failed to follow the                    NPPO of Ecuador, that contains an
                                              lot to be traced back to the place of                   requirements in this paragraph (b), the                additional declaration that the tomatoes
                                              production in which it was produced,                    place of production will be excluded                   were produced in accordance with the
                                              and the packinghouse in which it was                    from the export program until APHIS                    requirements of this section, and have
                                              packed, must be described in the                        and the NPPO of Ecuador jointly agree                  been inspected and found free of A.
                                              operational workplan.                                   that the place of production has taken                 fraterculus, C. capitata, N. elegantalis,
                                                 (6) Commercial consignments. Tree                    appropriate remedial measures to                       and the Tamarillo mosaic virus.
                                              tomatoes from Ecuador may be imported                   address the plant pest risk.
                                              in commercial consignments only.                           (c) Packinghouse requirements. (1)                  (Approved by the Office of Management
                                                 (7) Safeguarding. Lots of tree tomatoes              During the time registered                             and Budget under control number 0579–
                                              destined for export to the continental                  packinghouses are in use for packing                   0464)
                                              United States must be safeguarded                       tree tomatoes for export to the                          Done in Washington, DC, this 29th day of
                                              during movement from registered places                  continental United States, the                         May 2018.
                                              of production to registered                             packinghouse can only accept tree                      Kevin Shea,
                                              packinghouses, and from registered                      tomatoes that are from registered places               Administrator, Animal and Plant Health
                                              packinghouses to arrival at the port of                 of production and that are produced in                 Inspection Service.
                                              entry into the continental United States,               accordance with this section.                          [FR Doc. 2018–11890 Filed 6–1–18; 8:45 am]
                                              as specified by the operational                            (2) Tree tomatoes must be packed in                 BILLING CODE 3410–34–P
                                              workplan.                                               insect-proof cartons or containers, or
                                                 (b) Places of production requirements.               covered with insect-proof mesh or
                                              (1) Registered places of production of                  plastic tarpaulin, within 24 hours of
                                                                                                                                                             DEPARTMENT OF AGRICULTURE
                                              tree tomatoes destined for export to the                harvest. These safeguards must remain
                                              continental United States must be                       intact until the tree tomatoes arrive in               Animal and Plant Health Inspection
                                              determined by APHIS and the NPPO of                     the United States, or the consignment                  Service
                                              Ecuador to be free from A. fraterculus                  will not be allowed to enter the United
                                              and C. capitata based on trapping                       States.                                                9 CFR Parts 1, 2, and 3
                                              conducted in accordance with the                           (3) All openings to the outside of the
                                              operational workplan. If the flies per                  packinghouse must be covered by                        [Docket No. APHIS–2014–0059]
                                              trap per day exceed levels specified in                 screening with openings of not more                    RIN 0579–AD99
                                              the operational workplan, the place of                  than 1.6 mm or by some other barrier
                                              production will be prohibited from                      that prevents pests from entering. The                 Thresholds for De Minimis Activity and
                                              exporting tree tomatoes to the                          packinghouse must have double doors                    Exemptions From Licensing Under the
                                              continental United States until APHIS                   at the entrance to the facility and at the             Animal Welfare Act
                                              and the NPPO of Ecuador jointly agree                   interior entrance to the area where the
                                              that the risk has been mitigated. The                   tree tomatoes are packed.                              AGENCY:  Animal and Plant Health
                                              NPPO must keep records regarding the                       (d) Phytosanitary inspections. A                    Inspection Service, USDA.
                                              placement and monitoring of all traps,                  biometric sample of tree tomato fruit                  ACTION: Final rule.
                                              as well as records of all pest detections               jointly agreed upon by the NPPO of
                                              in these traps, for at least 1 year and                 Ecuador and APHIS must be inspected                    SUMMARY:   We are amending the Animal
                                              provide the records to APHIS, upon                      in Ecuador by the NPPO of Ecuador or                   Welfare Act (AWA) regulations to
                                              request.                                                officials authorized by the NPPO of                    implement amendments to the Act that
                                                 (2) Places of production must remove                 Ecuador following post-harvest                         broadened the scope of the exemptions
                                              fallen tree tomato fruit in accordance                  processing. The sample must be visually                from the licensing requirements for
                                              with the operational workplan. Fallen                   inspected for N. elegantalis and                       dealers and exhibitors. Specifically, we
                                              fruit may not be included in field                      Tamarillo mosaic virus. A portion of the               are broadening the licensing exemption
                                              containers of fruit brought to the                      fruit must then be cut open and                        for any person who maintains four or
                                              packinghouse to be packed for export.                   inspected for A. fraterculus and C.                    fewer breeding female dogs, cats, and/or
                                                 (3) The NPPO of Ecuador must                         capitata.                                              small exotic or wild mammals and only
                                              inspect fields at registered places of                     (1) If N. elegantalis is found, the                 sells the offspring of these animals for
                                              production at least once during the                     entire lot of fruit will be prohibited from            pets or exhibition to include additional
                                              growing season for Tamarillo mosaic                     import into the United States unless it                types of pet animals and domesticated
                                              virus. Sites must be determined by the                  is treated with an approved quarantine                 farm-type animals. In addition, we are
                                              NPPO to be free of the virus as a result                treatment monitored by APHIS.                          adding a new licensing exemption for
                                              of these inspections.                                      (2) If Tamarillo mosaic virus is found,             any person who maintains eight or
                                                 (4) Starting 60 days before harvest and              the entire lot of fruit will be prohibited             fewer pet animals, small exotic or wild
                                              continuing throughout the shipping                      from importation into the United States.               animals, and/or domesticated farm-type
                                              season, the NPPO of Ecuador must visit                     (3) If a single larva of A. fraterculus             animals for exhibition. These actions
                                              and inspect registered places of                        and C. capitata is found, the entire lot               will allow the Agency to focus its
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                                              production monthly for signs of                         of fruit will be prohibited from                       limited resources on situations that pose
                                              infestation. The NPPO of Ecuador must                   importation to the United States and the               a higher risk to animal welfare and
                                              allow APHIS to monitor these                            place of production producing that fruit               public safety. Finally, we are making
                                              inspections. The NPPO of Ecuador must                   will be suspended from the export                      conforming changes to the definitions of
                                              also certify to APHIS that registered                   program until appropriate measures, as                 dealer and exhibitor to reflect the
                                              places of production have effective fruit               agreed upon by the NPPO of Ecuador                     amendments to the Act and making
                                              fly trapping programs and control                       and APHIS, have been taken.                            several miscellaneous changes to the


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Document Created: 2018-06-02 00:47:32
Document Modified: 2018-06-02 00:47:32
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 July 5, 2018.
ContactMs. Claudia Ferguson, M.S., 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 Citation83 FR 25547 
RIN Number0579-AE23
CFR AssociatedCoffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables

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