83 FR 27918 - Importation of Fresh Avocado Fruit From Continental Ecuador Into the Continental United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 83, Issue 116 (June 15, 2018)

Page Range		27918-27922
FR Document		2018-12827
We are proposing to amend the fruits and vegetables regulations to allow the importation into the continental United States of fresh avocado fruit from continental Ecuador. As a condition of entry, fresh avocado fruit from continental Ecuador would have to be produced in accordance with a systems approach that would include production site registration, field sanitation, packinghouse procedures designed to exclude the quarantine pests, and procedures for packing, storing, and shipping the avocado fruit. The fruit would also have to be imported in commercial consignments, with each consignment identified throughout its movement from place of production to port of entry in the continental United States. The systems approach for all fresh avocado fruit from continental Ecuador, except Hass avocados, would also have to include production site pest control measures. Consignments would have to be accompanied by a phytosanitary certificate issued by the national plant protection organization of Ecuador certifying that the fruit was produced in accordance with the systems approach. This proposed rule would allow for the importation of fresh avocados from continental Ecuador into the continental United States while continuing to provide protection against the introduction of quarantine pests.
Federal Register, Volume 83 Issue 116 (Friday, June 15, 2018)
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Proposed Rules]
[Pages 27918-27922]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12827]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / 
Proposed Rules

[[Page 27918]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2016-0099]
RIN 0579-AE45


Importation of Fresh Avocado Fruit From Continental Ecuador Into 
the Continental United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the fruits and vegetables 
regulations to allow the importation into the continental United States 
of fresh avocado fruit from continental Ecuador. As a condition of 
entry, fresh avocado fruit from continental Ecuador would have to be 
produced in accordance with a systems approach that would include 
production site registration, field sanitation, packinghouse procedures 
designed to exclude the quarantine pests, and procedures for packing, 
storing, and shipping the avocado fruit. The fruit would also have to 
be imported in commercial consignments, with each consignment 
identified throughout its movement from place of production to port of 
entry in the continental United States. The systems approach for all 
fresh avocado fruit from continental Ecuador, except Hass avocados, 
would also have to include production site pest control measures. 
Consignments would have to be accompanied by a phytosanitary 
certificate issued by the national plant protection organization of 
Ecuador certifying that the fruit was produced in accordance with the 
systems approach. This proposed rule would allow for the importation of 
fresh avocados from continental Ecuador into the continental United 
States while continuing to provide protection against the introduction 
of quarantine pests.

DATES: We will consider all comments that we receive on or before 
August 14, 2018.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0099.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2016-0099, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2016-
0099 or in our reading room, which is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW, Washington, DC. 
Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson M.S., Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
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.
    The national plant protection organization (NPPO) of Ecuador has 
requested that the Animal and Plant Health Inspection Service (APHIS) 
amend the regulations to allow fresh avocado (Persea americana Miller) 
from continental Ecuador to be imported into the continental United 
States. As part of our evaluation of Ecuador's request, we prepared a 
pest risk assessment (PRA) and a risk management document (RMD). Copies 
of the PRA and the RMD may be obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT or viewed on the Regulations.gov website 
(see ADDRESSES above for instructions for accessing Regulations.gov).
    The PRA, titled ``Importation of Fresh Avocado Fruit (Persea 
americana Miller) from Continental Ecuador into the Continental United 
States'' (July 18, 2017), evaluates the risks associated with the 
importation of fresh avocado fruit into the continental United States 
from continental Ecuador. The RMD draws upon the findings of the PRA to 
determine the phytosanitary measures necessary to ensure the safe 
importation into the United States of avocado from continental Ecuador.
    The PRA identified four pests of quarantine significance present in 
continental Ecuador that could follow the pathway of consignments of 
fresh avocado imported from continental Ecuador into the continental 
United States:
     The Mediterranean fruit fly (Medfly), Ceratitis capitata 
Wiedemann,
     The South American fruit fly, Anastrepha fraterculus 
Wiedemann,
     The sapote fruit fly, Anastrepha serpentina Wiedemann, and
     The guava fruit fly, Anastrepha striata Schiner.
    A quarantine pest is defined in Sec.  319.56-2 as a pest of 
potential economic importance to the area endangered thereby and not 
yet present there, or present but not widely distributed and being 
officially controlled. Plant pest risk potentials associated with the 
importation of fresh avocado from continental Ecuador into the 
continental United States were derived by estimating the consequences 
and likelihood of introduction of each quarantine pest into the United 
States and ranking the risk potential as High, Medium, or Low. The PRA 
determined that these four quarantine pests pose a medium risk of 
following the pathway of fresh avocado from continental Ecuador into 
the continental United States and having negative effects on U.S. 
agriculture.
    Based on the conclusions of the PRA, we have determined that Hass 
avocados are not hosts of the fruit flies present in Ecuador, while 
other varieties of avocado are considered to be poor hosts to fruit 
flies. Therefore, based on the conclusions of the PRA and RMD, we are 
proposing to allow the importation from continental Ecuador of avocados

[[Page 27919]]

subject to a systems approach. Under a systems approach, a set of 
phytosanitary conditions, at least two of which have an independent 
effect in mitigating the pest risk associated with the movement of 
commodities, is specified, whereby fruits and vegetables may be 
imported into the United States from countries that are not free of 
certain plant pests. For Hass avocados from continental Ecuador, the 
systems approach would be the same as for other varieties of avocado 
except that fruit fly trapping and treatment would not be required.
    We are proposing to add the systems approach for avocado from 
continental Ecuador to the regulations in a new Sec.  319.56-84. The 
specific mitigation measures required in the systems approach for each 
quarantine pest are discussed below, as well as in the risk management 
document.

General Requirements

    Proposed paragraph (a) of Sec.  319.56-84 would require the NPPO of 
Ecuador to provide an operational workplan to APHIS that details the 
activities that the NPPO would, subject to APHIS' approval of the 
workplan, carry out to meet the requirements of proposed Sec.  319.56-
84. The operational workplan would have to include and describe in 
detail the quarantine pest survey intervals and other specific 
requirements in proposed Sec.  319.56-84.
    An operational workplan is an agreement between APHIS' Plant 
Protection and Quarantine program, officials of the NPPO of a foreign 
government, and, when necessary, foreign commercial entities, that 
specifies in detail the phytosanitary measures that will be carried out 
to comply with our regulations governing the importation of a specific 
commodity. Operational workplans apply only to the signatory parties 
and establish detailed procedures and guidance for the day-to-day 
operations of specific import/export programs. Operational workplans 
also establish how specific phytosanitary issues are dealt with in the 
exporting country and make clear who is responsible for dealing with 
those issues. The implementation of a systems approach typically 
requires an operational workplan to be developed.
    Proposed paragraph (b) of Sec.  319.56-84 would require avocado 
from continental Ecuador to be imported only in commercial 
consignments. Produce grown commercially is less likely to be infested 
with plant pests than noncommercial consignments. Noncommercial 
consignments are more prone to infestations because the commodity is 
often ripe to overripe, could be of a variety with unknown 
susceptibility to pests, and is often grown with little or no pest 
control. Commercial consignments, as defined in Sec.  319.56-2, are 
consignments that an inspector identifies as having been imported for 
sale and distribution. Such identification is based on a variety of 
indicators, including, but not limited to: Quantity of produce, type of 
packing, identification of grower or packinghouse on the packaging, and 
documents consigning the fruits or vegetables to a wholesaler or 
retailer.

Production Site Requirements

    Paragraph (c)(1) of proposed Sec.  319.56-84 would require that all 
production sites participating in the avocado export program be 
approved by and registered with the NPPO of Ecuador in accordance with 
the requirements of the operational workplan.
    Paragraph (c)(2) of proposed Sec.  319.56-84 would require the NPPO 
of Ecuador to visit and inspect the production sites monthly starting 2 
months before harvest and continue until the end of the shipping 
season. APHIS may also monitor the places of production if necessary. 
If APHIS or the NPPO of Ecuador finds that a place of production is not 
complying with the requirements of the systems approach, no fruit from 
the place of production will be eligible for export to the United 
States until APHIS and the NPPO of Ecuador conduct an investigation and 
appropriate remedial actions have been implemented.
    Paragraph (c)(3) would require that any fallen avocado fruit be 
removed from the production site at least once every 7 days, starting 2 
months before harvest and continuing through the end of the harvest, 
and that fallen fruit may not be included in field containers of fruit 
to be packed for export. Fallen fruit is more susceptible to 
infestation by pests because it may be overripe or damaged.
    Paragraph (c)(4) would require that, for production sites that 
produce non-Hass variety avocados, no other host of Medfly or 
Anastrepha spp. can be grown within 100 meters of the edge of the place 
of production.
    Paragraph (c)(5) would require the NPPO of Ecuador conduct a fruit 
fly trapping program beginning at least 2 months before the beginning 
of harvest and continuing for the duration of the harvest period for 
the detection of Medfly and Anastrepha spp. at each production site 
that produces non-Hass variety avocados. This program would support 
efforts for pest-free production sites within a certified low pest 
prevalence area for fruit flies. Details of the trapping program would 
be specified in the operational workplan.
    Paragraph (c)(6) would require that the NPPO of Ecuador maintain 
records of fruit fly detections for each trap in a non-Hass avocado 
production site and update the records each time the traps are checked. 
The trapping records would have to be maintained for at least 1 year 
and made available for APHIS' review upon request.
    Paragraph (c)(7) would state that, if the number of flies per trap 
per day exceeds levels specified in the operational workplan for more 
than 2 consecutive weeks, the place of production would be prohibited 
from exporting avocados to the continental United States until APHIS 
and the NPPO of Ecuador jointly agree that the risk has been mitigated.
    Paragraph (c)(8) would require that all harvested avocados be 
placed in field cartons or containers that are marked to identify the 
production site from which the consignment of fruit originated. 
Production site registration and container marking would facilitate 
traceback of a consignment of avocado fruit to the production site in 
which it was grown in the event that quarantine pests were discovered 
in the consignment at the port of first arrival into the United States. 
The fruit would have to be moved to the packinghouse within 3 hours of 
harvest or it must be protected from fruit fly infestation until moved.

Packinghouse Requirements

    We are proposing several requirements for packinghouse activities, 
which would be contained in paragraph (d) of proposed Sec.  319.56-84. 
Paragraph (d)(1) would require that all avocados be packed for export 
to the United States in pest-exclusionary packinghouses approved by and 
registered with the NPPO of Ecuador in accordance with the requirements 
of the operational workplan.
    Paragraph (d)(2) would provide that consignments of avocados 
destined for export to the continental United States must be packed 
within 24 hours of harvest and safeguarded during movement from 
registered packinghouses to arrival at the port of entry into the 
continental United States as specified by the operational workplan. 
Such safeguarding could include the use of pest-proof screens or 
tarpaulins to cover the lots during transit, or other similar measures 
approved by APHIS and the NPPO of Ecuador. We would require these 
safeguards to remain intact until the consignment's arrival in the 
continental United States or the consignment would

[[Page 27920]]

be denied entry into the continental United States.
    Paragraph (d)(3) would require that 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 would have to have double doors at the entrance to the 
facility and at the interior entrance to the area where the avocados 
are packed.
    Paragraph (d)(4) would require that, while in use for exporting 
avocado fruit to the continental United States, the packinghouses may 
only accept avocados from registered a pproved production sites and the 
fruit must be segregated from fruit intended for other markets. This 
requirement would prevent such avocados intended for export to the 
continental United States from being exposed to or otherwise mixed with 
avocados that are not produced according to the requirements of the 
systems approach. Avocados from other places of production may be 
produced under conditions that are less stringent than those of this 
proposed rule, and may therefore be a pathway for introduction of 
quarantine pests into the packinghouses.
    Paragraph (d)(5) would require that the identity and origin of the 
fruit be maintained from the packinghouse through export of 
consignments to the United States. This requirement would ensure that 
APHIS and the NPPO of Ecuador could identify the packinghouse at which 
the fruit was packed if inspectors find quarantine pests in the fruit 
either before export or at the port of entry.

Treatment

    Paragraph (e) would state that, if non-Hass variety avocados are 
ineligible for export under the systems approach due to the place of 
production exceeding the trapping threshold for fruit flies as 
established in the operational workplan, they may still be exported, 
but only after undergoing an APHIS approved treatment in accordance 
with 7 CFR part 305.
    Currently, irradiation treatment under treatment schedule T105-a-1 
is the only treatment approved for all fruit flies and may be used to 
export non-Hass avocados from Ecuador. Under this treatment, the fruit 
must be irradiated with a minimum absorbed dose of 150 Gy to be applied 
upon arrival in the United States and follow the requirements of 7 CFR 
part 305. In the future, when irradiation facilities become available 
in Ecuador, irradiation may be applied in Ecuador as long as the 
treatment follows all requirements of 7 CFR part 305.

Phytosanitary Inspection

    Paragraph (f)(1) would require that a biometric sample of avocados, 
jointly agreed upon by APHIS and the NPPO of Ecuador, be inspected in 
Ecuador by the NPPO following post-harvest processing. The sample would 
have to be visually inspected for all quarantine pests and a portion of 
the fruit would be cut open, if the fruit shows signs of internal 
pests. If any quarantine pests are found, the entire consignment of 
avocados would be prohibited from import into the continental United 
States unless treated using an APHIS-approved treatment in accordance 
with 7 CFR part 305.
    Paragraph (f)(2) would require that fruit presented for inspection 
at a U.S. port of entry be identified in the shipping documents 
accompanying each consignment of fruit that specify the place of 
production in which the fruit was produced and the packinghouse in 
which the fruit was processed. This identification would have to be 
maintained with the consignment until the fruit is released for entry 
into the continental United States.

Phytosanitary Certificate

    Paragraph (g) would require that each consignment of avocado fruit 
be accompanied by a phytosanitary certificate issued by the NPPO of 
Ecuador that states that the avocados in the consignment have been 
produced in accordance with the requirements of Sec. Sec.  319.56-84.

Executive Orders 12866 and 13771 and Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget. Further, because this 
rule is not significant, it is not a regulatory action under Executive 
Order 13771.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov website (see ADDRESSES above for instructions 
for accessing Regulations.gov).
    APHIS is proposing to allow the importation of fresh avocados from 
continental Ecuador into the continental United States under certain 
pest mitigation measures. This would be the first opportunity Ecuador 
has had to export fresh avocados to the United States. Over the 6-year 
period 2010-2015, Ecuador's avocado exports declined precipitously, 
from over 8,000 metric tons (MT) in 2010 to about 1,000 MT in 2015. 
Over these 6 years, Ecuador's avocado exports averaged 4,884 MT per 
year, reportedly valued at about $310,000 for an average price of less 
than $0.07 per kilogram or $63.50 per MT. This price is inexplicably 
low and may well indicate data error.
    The United States is a net importer of avocados. Over the same 6-
year period, 2010-2015, annual U.S. avocado imports averaged more than 
570,000 MT, valued at $1.1 billion. Mexico is the principal source, 
accounting for 86 percent of U.S. avocado imports.
    If between 5 percent and 20 percent of Ecuador's average fresh 
avocado exports to the world, 2010-2015, that is, between 244 and 976 
MT, were imported by the United States, we estimate that U.S. producer 
welfare would fall by between $95,000 and $383,000, consumer welfare 
would rise by between $428,000 to $1.72 million, for a net social 
welfare gain of between $332,000 and $1.33 million. At the midpoint of 
this range, the net social gain would be $833,000. In accordance with 
guidance on complying with Executive Order 13771, the primary estimate 
of the cost savings of this proposed rule is $833,000, the mid-point 
estimate of cost savings annualized in perpetuity using a 7 percent 
discount rate.
    While most U.S. avocado farms are small entities, they would not be 
significantly affected by this proposed rule. Annual avocado imports by 
the United States from Ecuador of between 244 and 976 MT would be 
equivalent to between 0.04 and 0.17 percent of the quantity of avocados 
imported by the United States annually.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule would allow fresh avocado to be imported into 
the continental United States from continental Ecuador, subject to a 
systems approach. If this proposed rule is adopted, State and local 
laws and regulations regarding fresh avocado imported under this rule 
would be preempted while the fruit is in foreign commerce. Fresh 
avocados are generally imported for immediate distribution and

[[Page 27921]]

sale to the consuming public and would remain in foreign commerce until 
sold to the ultimate consumer. The question of when foreign commerce 
ceases in other cases must be addressed on a case-by-case basis. If 
this proposed rule is adopted, no retroactive effect will be given to 
this rule, and this rule will not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), reporting and recordkeeping 
requirements included in this proposed rule have been submitted for 
approval to the Office of Management and Budget (OMB). Please send 
comments on the Information Collection Request (ICR) to OMB's Office of 
Information and Regulatory Affairs via email to 
[email protected], Attention: Desk Officer for APHIS, 
Washington, DC 20503. Please state that your comments refer to Docket 
No. APHIS-2016-0099. Please send a copy of your comments to the USDA 
using one of the methods described under ADDRESSES at the beginning of 
this document.
    APHIS is proposing to amend the fruit and vegetable regulations to 
allow the importation of avocados from continental Ecuador into the 
continental United States. As a condition of entry, the avocados would 
have to be produced in accordance with 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.
    Implementing this rule will require information collection 
activities such as an operational workplan, production site and 
packinghouse registrations, marking of fruit cartons, phytosanitary 
inspections and certificates, notices of suspension to export, notices 
of resumption to export, preclearance inspection documentation, import 
permit applications, notices of arrival, emergency action 
notifications, and creation and maintenance records.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.012 hours per response.
    Respondents: NPPO of Ecuador, production site and packinghouse 
managers, and importers of avocados from Ecuador.
    Estimated annual number of respondents: 44.
    Estimated annual number of responses per respondent: 1,154.
    Estimated annual number of responses: 50,791.
    Estimated total annual burden on respondents: 623 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    A copy of the information collection may be viewed on the 
Regulations.gov website or in our reading room. (A link to 
Regulations.gov and information on the location and hours of the 
reading room are provided under the heading ADDRESSES at the beginning 
of this proposed rule.) Copies can also be obtained from Ms. Kimberly 
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2483. 
APHIS will respond to any ICR-related comments in the final rule. All 
comments will also become a matter of public record.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the 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 proposed 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 propose to amend 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

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

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

0
2. Section 319.56-84 is added to read as follows:


Sec.  319.56-84  Fresh avocado fruit from continental Ecuador.

    Fresh avocados (Persea americana Miller), may be imported into the 
continental United States from continental Ecuador only under the 
conditions described in this section. These conditions are designed to 
prevent the introduction of the following quarantine pests: Anastrepha 
fraterculus Wiedemann, Anastrepha serpentina Wiedemann, Anastrepha 
striata Schiner, and Ceratitis capitata Wiedemann.
    (a) 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, 
subject to APHIS' approval of the workplan, carry out to meet the 
requirements of this section. The operational workplan must include and 
describe the quarantine pest survey intervals and other specific 
requirements as set forth in this section.
    (b) Commercial consignments. Avocados from continental Ecuador may 
be imported in commercial consignments only.
    (c)(1) Production site requirements. All production sites that 
participate in the export program must be approved by and registered 
with the NPPO of Ecuador in accordance with the requirements of the 
operational workplan.
    (2) The NPPO of Ecuador will visit and inspect the production sites 
monthly starting 2 months before harvest and continue until the end of 
the shipping season. APHIS may also monitor the places of production if 
necessary. If APHIS or the NPPO of Ecuador finds that a place of 
production is not complying with the requirements of this section, no 
fruit from the place of production will be eligible for export

[[Page 27922]]

to the United States until APHIS and the NPPO of Ecuador conduct an 
investigation and appropriate remedial actions have been implemented.
    (3) Fallen avocado fruit must be removed from the production site 
at least once every 7 days, starting 2 months before harvest and 
continuing through the end of the harvest, and fallen fruit may not be 
included in field containers of fruit to be packed for export.
    (4) At each non-Hass avocado production site, no other host of A. 
fraterculus, A. serpentina, A. striata, or C. capitata can be grown 
within 100 meters of the edge of the place of production.
    (5) At each non-Hass avocado production site, the NPPO of Ecuador 
must conduct a fruit fly trapping program beginning at least 2 months 
before the beginning of harvest and continuing for the duration of the 
harvest period for the detection of A. fraterculus, A. serpentina, A. 
striata, and C. capitata in accordance with the operational workplan.
    (6) The NPPO of Ecuador must maintain records of fruit fly 
detections for each trap in a non-Hass avocado production site and 
update the records each time the traps are checked. The trapping 
records must be maintained for at least 1 year and provided for APHIS' 
review, if requested.
    (7) If the number of flies per trap per day exceeds levels 
specified in the operational workplan for more than 2 consecutive 
weeks, the place of production will be prohibited from exporting 
avocados to the continental United States until APHIS and the NPPO of 
Ecuador jointly agree that the risk has been mitigated.
    (8) All avocados must be placed in field cartons or containers that 
are marked to identify the production site from which the consignment 
of fruit originated. The fruit must either be moved to the packinghouse 
within 3 hours of harvest or protected from fruit fly infestation until 
moved.
    (d)(1) Packinghouse requirements. Avocados must be packed for 
export to the continental United States in pest-exclusionary 
packinghouses that are approved by and registered with the NPPO of 
Ecuador in accordance with the requirements of the operational 
workplan.
    (2) The avocados must be packed within 24 hours of harvest in a 
pest-exclusionary packinghouse in accordance with the requirements of 
the operational workplan. The avocados must be safeguarded by an 
insect-proof mesh screen or plastic tarpaulin while in transit to the 
packinghouse and while awaiting packing. The avocados must be packed in 
insect-proof cartons or containers, or covered with insect-proof mesh 
or plastic tarpaulin, for transit into the continental United States. 
These safeguards must remain intact until arrival at the port of entry 
into the continental United States or the consignment will be denied 
entry into the continental 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 avocados are packed.
    (4) During the time the packinghouse is in use for exporting 
avocados to the continental United States, the packinghouse may only 
accept avocados from registered approved production sites and the fruit 
must be segregated from fruit intended for other markets.
    (5) The identity and origin of the fruit must be maintained from 
the packinghouse through export of consignments to the United States.
    (e) Treatment. If the non-Hass variety avocados are ineligible for 
export under the systems approach due to the place of production 
exceeding the trapping threshold for fruit flies as established in the 
operational workplan, they may still be exported, but only after 
undergoing an APHIS approved treatment in accordance with part 305 of 
this chapter.
    (f) Phytosanitary inspection. (1) Inspectors from the NPPO of 
Ecuador must inspect a biometric sample of the fruit from each avocado 
consignment jointly agreed upon by APHIS and the NPPO of Ecuador, 
following post-harvest processing. The inspectors must visually inspect 
for quarantine pests listed in the operational workplan required by 
paragraph (a) of this section and must cut fruit if signs of quarantine 
pests that are internal feeders are observed. If quarantine pests are 
detected in this inspection, the consignment will be prohibited entry 
into the United States unless it is treated with an APHIS-approved 
quarantine treatment in accordance with part 305 of this chapter.
    (2) Fruit presented for inspection at a U.S. port of entry must be 
identified in the shipping documents accompanying each consignment of 
fruit that specify the place of production in which the fruit was 
produced and the packinghouse in which the fruit was processed. This 
identification must be maintained until the fruit is released for entry 
into the continental United States.
    (g) Phytosanitary certificate. Each consignment of avocado fruit 
must be accompanied by a phytosanitary certificate of inspection issued 
by the NPPO of Ecuador that states that the fruit in the consignment 
was produced in accordance with the requirements of Sec.  319.56-84.

    Done in Washington, DC, this 11th day of June 2018.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2018-12827 Filed 6-14-18; 8:45 am]
 BILLING CODE 3410-34-P
27918

Proposed Rules Federal Register
Vol. 83, No. 116

Friday, June 15, 2018

This section of the FEDERAL REGISTER DATES: We will consider all comments CONTACT or viewed on the
contains notices to the public of the proposed that we receive on or before August 14, Regulations.gov website (see ADDRESSES
issuance of rules and regulations. The 2018. above for instructions for accessing
purpose of these notices is to give interested Regulations.gov).
ADDRESSES: You may submit comments
persons an opportunity to participate in the The PRA, titled ‘‘Importation of Fresh
rule making prior to the adoption of the final
by either of the following methods:
rules. • Federal eRulemaking Portal: Go to Avocado Fruit (Persea americana
http://www.regulations.gov/#!docket Miller) from Continental Ecuador into
Detail;D=APHIS-2016-0099. the Continental United States’’ (July 18,
DEPARTMENT OF AGRICULTURE • Postal Mail/Commercial Delivery: 2017), evaluates the risks associated
Send your comment to Docket No. with the importation of fresh avocado
Animal and Plant Health Inspection APHIS–2016–0099, Regulatory Analysis fruit into the continental United States
Service and Development, PPD, APHIS, Station from continental Ecuador. The RMD
3A–03.8, 4700 River Road, Unit 118, draws upon the findings of the PRA to
7 CFR Part 319 Riverdale, MD 20737–1238. determine the phytosanitary measures
Supporting documents and any necessary to ensure the safe importation
[Docket No. APHIS–2016–0099] comments we receive on this docket into the United States of avocado from
may be viewed at http:// continental Ecuador.
RIN 0579–AE45 www.regulations.gov/#!docketDetail;D= The PRA identified four pests of
APHIS-2016-0099 or in our reading quarantine significance present in
Importation of Fresh Avocado Fruit room, which is located in room 1141 of continental Ecuador that could follow
From Continental Ecuador Into the the USDA South Building, 14th Street the pathway of consignments of fresh
Continental United States and Independence Avenue SW, avocado imported from continental
AGENCY: Animal and Plant Health Washington, DC. Normal reading room Ecuador into the continental United
Inspection Service, USDA. hours are 8 a.m. to 4:30 p.m., Monday States:
ACTION: Proposed rule.
through Friday, except holidays. To be • The Mediterranean fruit fly
sure someone is there to help you, (Medfly), Ceratitis capitata Wiedemann,
SUMMARY: We are proposing to amend please call (202) 799–7039 before • The South American fruit fly,
the fruits and vegetables regulations to coming. Anastrepha fraterculus Wiedemann,
allow the importation into the FOR FURTHER INFORMATION CONTACT: Ms. • The sapote fruit fly, Anastrepha
continental United States of fresh Claudia Ferguson M.S., Senior serpentina Wiedemann, and
avocado fruit from continental Ecuador. Regulatory Policy Specialist, Regulatory • The guava fruit fly, Anastrepha
As a condition of entry, fresh avocado Coordination and Compliance, PPQ, striata Schiner.
fruit from continental Ecuador would APHIS, 4700 River Road, Unit 133, A quarantine pest is defined in
have to be produced in accordance with Riverdale, MD 20737–1231; (301) 851– § 319.56–2 as a pest of potential
a systems approach that would include 2352. economic importance to the area
production site registration, field SUPPLEMENTARY INFORMATION: endangered thereby and not yet present
sanitation, packinghouse procedures there, or present but not widely
designed to exclude the quarantine Background distributed and being officially
pests, and procedures for packing, The regulations in ‘‘Subpart-Fruits controlled. Plant pest risk potentials
storing, and shipping the avocado fruit. and Vegetables’’ (7 CFR 319.56–1 associated with the importation of fresh
The fruit would also have to be through 319.56–83, referred to below as avocado from continental Ecuador into
imported in commercial consignments, the regulations) prohibit or restrict the the continental United States were
with each consignment identified importation of fruits and vegetables into derived by estimating the consequences
throughout its movement from place of the United States from certain parts of and likelihood of introduction of each
production to port of entry in the the world to prevent the introduction quarantine pest into the United States
continental United States. The systems and dissemination of plant pests that are and ranking the risk potential as High,
approach for all fresh avocado fruit from new to or not widely distributed within Medium, or Low. The PRA determined
continental Ecuador, except Hass the United States. that these four quarantine pests pose a
avocados, would also have to include The national plant protection medium risk of following the pathway
production site pest control measures. organization (NPPO) of Ecuador has of fresh avocado from continental
Consignments would have to be requested that the Animal and Plant Ecuador into the continental United
accompanied by a phytosanitary Health Inspection Service (APHIS) States and having negative effects on
certificate issued by the national plant amend the regulations to allow fresh U.S. agriculture.
protection organization of Ecuador avocado (Persea americana Miller) from Based on the conclusions of the PRA,
sradovich on DSK3GMQ082PROD with PROPOSALS

certifying that the fruit was produced in continental Ecuador to be imported into we have determined that Hass avocados
accordance with the systems approach. the continental United States. As part of are not hosts of the fruit flies present in
This proposed rule would allow for the our evaluation of Ecuador’s request, we Ecuador, while other varieties of
importation of fresh avocados from prepared a pest risk assessment (PRA) avocado are considered to be poor hosts
continental Ecuador into the continental and a risk management document to fruit flies. Therefore, based on the
United States while continuing to (RMD). Copies of the PRA and the RMD conclusions of the PRA and RMD, we
provide protection against the may be obtained from the person listed are proposing to allow the importation
introduction of quarantine pests. under FOR FURTHER INFORMATION from continental Ecuador of avocados

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Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 27919

subject to a systems approach. Under a could be of a variety with unknown the trapping program would be
systems approach, a set of phytosanitary susceptibility to pests, and is often specified in the operational workplan.
conditions, at least two of which have grown with little or no pest control. Paragraph (c)(6) would require that
an independent effect in mitigating the Commercial consignments, as defined in the NPPO of Ecuador maintain records
pest risk associated with the movement § 319.56–2, are consignments that an of fruit fly detections for each trap in a
of commodities, is specified, whereby inspector identifies as having been non-Hass avocado production site and
fruits and vegetables may be imported imported for sale and distribution. Such update the records each time the traps
into the United States from countries identification is based on a variety of are checked. The trapping records
that are not free of certain plant pests. indicators, including, but not limited to: would have to be maintained for at least
For Hass avocados from continental Quantity of produce, type of packing, 1 year and made available for APHIS’
Ecuador, the systems approach would identification of grower or packinghouse review upon request.
be the same as for other varieties of on the packaging, and documents Paragraph (c)(7) would state that, if
avocado except that fruit fly trapping consigning the fruits or vegetables to a the number of flies per trap per day
and treatment would not be required. wholesaler or retailer. exceeds levels specified in the
We are proposing to add the systems operational workplan for more than 2
approach for avocado from continental Production Site Requirements consecutive weeks, the place of
Ecuador to the regulations in a new Paragraph (c)(1) of proposed § 319.56– production would be prohibited from
§ 319.56–84. The specific mitigation 84 would require that all production exporting avocados to the continental
measures required in the systems sites participating in the avocado export United States until APHIS and the
approach for each quarantine pest are program be approved by and registered NPPO of Ecuador jointly agree that the
discussed below, as well as in the risk with the NPPO of Ecuador in risk has been mitigated.
management document. accordance with the requirements of the Paragraph (c)(8) would require that all
operational workplan. harvested avocados be placed in field
General Requirements Paragraph (c)(2) of proposed § 319.56– cartons or containers that are marked to
Proposed paragraph (a) of § 319.56–84 84 would require the NPPO of Ecuador identify the production site from which
would require the NPPO of Ecuador to to visit and inspect the production sites the consignment of fruit originated.
provide an operational workplan to monthly starting 2 months before Production site registration and
APHIS that details the activities that the harvest and continue until the end of container marking would facilitate
NPPO would, subject to APHIS’ the shipping season. APHIS may also traceback of a consignment of avocado
approval of the workplan, carry out to monitor the places of production if fruit to the production site in which it
meet the requirements of proposed necessary. If APHIS or the NPPO of was grown in the event that quarantine
§ 319.56–84. The operational workplan Ecuador finds that a place of production pests were discovered in the
would have to include and describe in is not complying with the requirements consignment at the port of first arrival
detail the quarantine pest survey of the systems approach, no fruit from into the United States. The fruit would
intervals and other specific the place of production will be eligible have to be moved to the packinghouse
requirements in proposed § 319.56–84. for export to the United States until within 3 hours of harvest or it must be
An operational workplan is an APHIS and the NPPO of Ecuador protected from fruit fly infestation until
agreement between APHIS’ Plant conduct an investigation and moved.
Protection and Quarantine program, appropriate remedial actions have been
officials of the NPPO of a foreign Packinghouse Requirements
implemented.
government, and, when necessary, Paragraph (c)(3) would require that We are proposing several
foreign commercial entities, that any fallen avocado fruit be removed requirements for packinghouse
specifies in detail the phytosanitary from the production site at least once activities, which would be contained in
measures that will be carried out to every 7 days, starting 2 months before paragraph (d) of proposed § 319.56–84.
comply with our regulations governing harvest and continuing through the end Paragraph (d)(1) would require that all
the importation of a specific of the harvest, and that fallen fruit may avocados be packed for export to the
commodity. Operational workplans not be included in field containers of United States in pest-exclusionary
apply only to the signatory parties and fruit to be packed for export. Fallen fruit packinghouses approved by and
establish detailed procedures and is more susceptible to infestation by registered with the NPPO of Ecuador in
guidance for the day-to-day operations pests because it may be overripe or accordance with the requirements of the
of specific import/export programs. damaged. operational workplan.
Operational workplans also establish Paragraph (c)(4) would require that, Paragraph (d)(2) would provide that
how specific phytosanitary issues are for production sites that produce non- consignments of avocados destined for
dealt with in the exporting country and Hass variety avocados, no other host of export to the continental United States
make clear who is responsible for Medfly or Anastrepha spp. can be must be packed within 24 hours of
dealing with those issues. The grown within 100 meters of the edge of harvest and safeguarded during
implementation of a systems approach the place of production. movement from registered
typically requires an operational Paragraph (c)(5) would require the packinghouses to arrival at the port of
workplan to be developed. NPPO of Ecuador conduct a fruit fly entry into the continental United States
Proposed paragraph (b) of § 319.56–84 trapping program beginning at least 2 as specified by the operational
would require avocado from continental months before the beginning of harvest workplan. Such safeguarding could
sradovich on DSK3GMQ082PROD with PROPOSALS

Ecuador to be imported only in and continuing for the duration of the include the use of pest-proof screens or
commercial consignments. Produce harvest period for the detection of tarpaulins to cover the lots during
grown commercially is less likely to be Medfly and Anastrepha spp. at each transit, or other similar measures
infested with plant pests than production site that produces non-Hass approved by APHIS and the NPPO of
noncommercial consignments. variety avocados. This program would Ecuador. We would require these
Noncommercial consignments are more support efforts for pest-free production safeguards to remain intact until the
prone to infestations because the sites within a certified low pest consignment’s arrival in the continental
commodity is often ripe to overripe, prevalence area for fruit flies. Details of United States or the consignment would

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Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 27921

sale to the consuming public and would functions, including whether the List of Subjects in 7 CFR Part 319
remain in foreign commerce until sold information will have practical utility; Coffee, Cotton, Fruits, Imports, Logs,
to the ultimate consumer. The question (2) Evaluate the accuracy of our Nursery stock, Plant diseases and pests,
of when foreign commerce ceases in estimate of the burden of the proposed Quarantine, Reporting and
other cases must be addressed on a case- information collection, including the recordkeeping requirements, Rice,
by-case basis. If this proposed rule is validity of the methodology and Vegetables.
adopted, no retroactive effect will be assumptions used;
(3) Enhance the quality, utility, and Accordingly, we propose to amend 7
given to this rule, and this rule will not
clarity of the information to be CFR part 319 as follows:
require administrative proceedings
before parties may file suit in court collected; and
(4) Minimize the burden of the PART 319—FOREIGN QUARANTINE
challenging this rule. NOTICES
information collection on those who are
Paperwork Reduction Act to respond (such as through the use of ■ 1. The authority citation for part 319
In accordance with section 3507(d) of appropriate automated, electronic, continues to read as follows:
the Paperwork Reduction Act of 1995 mechanical, or other technological
collection techniques or other forms of Authority: 7 U.S.C. 450 and 7701–7772,
(44 U.S.C. 3501 et seq.), reporting and and 7781–7786; 21 U.S.C. 136 and 136a; 7
recordkeeping requirements included in information technology; e.g., permitting CFR 2.22, 2.80, and 371.3.
this proposed rule have been submitted electronic submission of responses).
for approval to the Office of Estimate of burden: Public reporting ■ 2. Section 319.56–84 is added to read
Management and Budget (OMB). Please burden for this collection of information as follows:
send comments on the Information is estimated to average 0.012 hours per
§ 319.56–84 Fresh avocado fruit from
Collection Request (ICR) to OMB’s response. continental Ecuador.
Office of Information and Regulatory Respondents: NPPO of Ecuador,
production site and packinghouse Fresh avocados (Persea americana
Affairs via email to oira_submissions@ Miller), may be imported into the
omb.eop.gov, Attention: Desk Officer for managers, and importers of avocados
from Ecuador. continental United States from
APHIS, Washington, DC 20503. Please continental Ecuador only under the
state that your comments refer to Docket Estimated annual number of
respondents: 44. conditions described in this section.
No. APHIS–2016–0099. Please send a These conditions are designed to
copy of your comments to the USDA Estimated annual number of
responses per respondent: 1,154. prevent the introduction of the
using one of the methods described following quarantine pests: Anastrepha
Estimated annual number of
under ADDRESSES at the beginning of fraterculus Wiedemann, Anastrepha
responses: 50,791.
this document. serpentina Wiedemann, Anastrepha
Estimated total annual burden on
APHIS is proposing to amend the fruit respondents: 623 hours. (Due to striata Schiner, and Ceratitis capitata
and vegetable regulations to allow the averaging, the total annual burden hours Wiedemann.
importation of avocados from may not equal the product of the annual (a) Operational workplan. The
continental Ecuador into the continental number of responses multiplied by the national plant protection organization
United States. As a condition of entry, reporting burden per response.) (NPPO) of Ecuador must provide an
the avocados would have to be A copy of the information collection operational workplan to APHIS that
produced in accordance with a systems may be viewed on the Regulations.gov details the activities that the NPPO of
approach that would include website or in our reading room. (A link Ecuador will, subject to APHIS’
requirements for importation in to Regulations.gov and information on approval of the workplan, carry out to
commercial consignments, registration the location and hours of the reading meet the requirements of this section.
and monitoring of places of production, room are provided under the heading The operational workplan must include
field monitoring and pest-control ADDRESSES at the beginning of this and describe the quarantine pest survey
practices, trapping, and inspection for proposed rule.) Copies can also be intervals and other specific
quarantine pests by the NPPO of obtained from Ms. Kimberly Hardy, requirements as set forth in this section.
Ecuador. APHIS’ Information Collection (b) Commercial consignments.
Implementing this rule will require Coordinator, at (301) 851–2483. APHIS Avocados from continental Ecuador
information collection activities such as will respond to any ICR-related may be imported in commercial
an operational workplan, production comments in the final rule. All consignments only.
site and packinghouse registrations, comments will also become a matter of (c)(1) Production site requirements.
marking of fruit cartons, phytosanitary public record. All production sites that participate in
inspections and certificates, notices of the export program must be approved by
suspension to export, notices of E-Government Act Compliance and registered with the NPPO of
resumption to export, preclearance The Animal and Plant Health Ecuador in accordance with the
inspection documentation, import Inspection Service is committed to requirements of the operational
permit applications, notices of arrival, compliance with the E-Government Act workplan.
emergency action notifications, and to promote the use of the internet and (2) The NPPO of Ecuador will visit
creation and maintenance records. other information technologies, to and inspect the production sites
We are soliciting comments from the provide increased opportunities for monthly starting 2 months before
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public (as well as affected agencies) citizen access to Government harvest and continue until the end of
concerning our proposed information information and services, and for other the shipping season. APHIS may also
collection and recordkeeping purposes. For information pertinent to monitor the places of production if
requirements. These comments will E-Government Act compliance related necessary. If APHIS or the NPPO of
help us: to this proposed rule, please contact Ms. Ecuador finds that a place of production
(1) Evaluate whether the proposed Kimberly Hardy, APHIS’ Information is not complying with the requirements
information collection is necessary for Collection Coordinator, at (301) 851– of this section, no fruit from the place
the proper performance of our agency’s 2483. of production will be eligible for export

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27922 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules

to the United States until APHIS and the awaiting packing. The avocados must be (g) Phytosanitary certificate. Each
NPPO of Ecuador conduct an packed in insect-proof cartons or consignment of avocado fruit must be
investigation and appropriate remedial containers, or covered with insect-proof accompanied by a phytosanitary
actions have been implemented. mesh or plastic tarpaulin, for transit into certificate of inspection issued by the
(3) Fallen avocado fruit must be the continental United States. These NPPO of Ecuador that states that the
removed from the production site at safeguards must remain intact until fruit in the consignment was produced
least once every 7 days, starting 2 arrival at the port of entry into the in accordance with the requirements of
months before harvest and continuing continental United States or the § 319.56–84.
through the end of the harvest, and consignment will be denied entry into Done in Washington, DC, this 11th day of
fallen fruit may not be included in field the continental United States. June 2018.
containers of fruit to be packed for (3) All openings to the outside of the
Kevin Shea,
export. packinghouse must be covered by
(4) At each non-Hass avocado Administrator, Animal and Plant Health
screening with openings of not more
Inspection Service.
production site, no other host of A. than 1.6 mm or by some other barrier
fraterculus, A. serpentina, A. striata, or [FR Doc. 2018–12827 Filed 6–14–18; 8:45 am]
that prevents pests from entering. The
C. capitata can be grown within 100 packinghouse must have double doors BILLING CODE 3410–34–P
meters of the edge of the place of at the entrance to the facility and at the
production. interior entrance to the area where the
(5) At each non-Hass avocado avocados are packed.
production site, the NPPO of Ecuador (4) During the time the packinghouse FARM CREDIT ADMINISTRATION
must conduct a fruit fly trapping is in use for exporting avocados to the
program beginning at least 2 months 12 CFR Part 612
continental United States, the
before the beginning of harvest and packinghouse may only accept avocados
continuing for the duration of the from registered approved production RIN 3052–AC44
harvest period for the detection of A. sites and the fruit must be segregated
fraterculus, A. serpentina, A. striata, from fruit intended for other markets. Standards of Conduct and Referral of
and C. capitata in accordance with the (5) The identity and origin of the fruit Known or Suspected Criminal
operational workplan. must be maintained from the Violations; Standards of Conduct
(6) The NPPO of Ecuador must packinghouse through export of AGENCY: Farm Credit Administration.
maintain records of fruit fly detections consignments to the United States.
(e) Treatment. If the non-Hass variety ACTION: Proposed rule.
for each trap in a non-Hass avocado
production site and update the records avocados are ineligible for export under SUMMARY: The Farm Credit
each time the traps are checked. The the systems approach due to the place Administration (FCA, we, or our)
trapping records must be maintained for of production exceeding the trapping proposes to amend our regulations
at least 1 year and provided for APHIS’ threshold for fruit flies as established in governing standards of conduct of
review, if requested. the operational workplan, they may still directors and employees of Farm Credit
(7) If the number of flies per trap per be exported, but only after undergoing System (FCS or System) institutions,
day exceeds levels specified in the an APHIS approved treatment in excluding the Federal Agricultural
operational workplan for more than 2 accordance with part 305 of this Mortgage Corporation. The proposed
consecutive weeks, the place of chapter. rule would replace the original
production will be prohibited from (f) Phytosanitary inspection. (1)
proposed rule, and would require every
exporting avocados to the continental Inspectors from the NPPO of Ecuador
System institution to have or develop a
United States until APHIS and the must inspect a biometric sample of the
Standards of Conduct Program based on
NPPO of Ecuador jointly agree that the fruit from each avocado consignment
core principles to put into effect ethical
risk has been mitigated. jointly agreed upon by APHIS and the
values as part of corporate culture.
(8) All avocados must be placed in NPPO of Ecuador, following post-
field cartons or containers that are harvest processing. The inspectors must DATES: You may send comments on or
marked to identify the production site visually inspect for quarantine pests before September 13, 2018.
from which the consignment of fruit listed in the operational workplan ADDRESSES: We offer a variety of
originated. The fruit must either be required by paragraph (a) of this section methods for you to submit your
moved to the packinghouse within 3 and must cut fruit if signs of quarantine comments. For accuracy and efficiency
hours of harvest or protected from fruit pests that are internal feeders are reasons, commenters are encouraged to
fly infestation until moved. observed. If quarantine pests are submit comments by email or through
(d)(1) Packinghouse requirements. detected in this inspection, the FCA’s website. As facsimiles (fax) are
Avocados must be packed for export to consignment will be prohibited entry difficult for us to process and achieve
the continental United States in pest- into the United States unless it is treated compliance with section 508 of the
exclusionary packinghouses that are with an APHIS-approved quarantine Rehabilitation Act, we are no longer
approved by and registered with the treatment in accordance with part 305 of accepting comments submitted by fax.
NPPO of Ecuador in accordance with this chapter. Regardless of the method you use,
the requirements of the operational (2) Fruit presented for inspection at a please do not submit your comment
workplan. U.S. port of entry must be identified in multiple times via different methods.
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(2) The avocados must be packed the shipping documents accompanying You may submit comments by any of
within 24 hours of harvest in a pest- each consignment of fruit that specify the following methods:
exclusionary packinghouse in the place of production in which the • Email: Send us an email at reg-
accordance with the requirements of the fruit was produced and the comm@fca.gov.
operational workplan. The avocados packinghouse in which the fruit was • FCA Website: http://www.fca.gov.
must be safeguarded by an insect-proof processed. This identification must be Select ‘‘Public Commenters,’’ then
mesh screen or plastic tarpaulin while maintained until the fruit is released for ‘‘Public Comments’’ and follow the
in transit to the packinghouse and while entry into the continental United States. directions for ‘‘Submitting a Comment.’’

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Document Created: 2018-11-02 12:00:31
Document Modified: 2018-11-02 12:00:31
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		We will consider all comments that we receive on or before August 14, 2018.
Contact		Ms. Claudia Ferguson M.S., Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-2352.
FR Citation		83 FR 27918
RIN Number		0579-AE45
CFR Associated		Coffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables
83 FR 27918 - Importation of Fresh Avocado Fruit From Continental Ecuador Into the Continental United States

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

Federal Register Volume 83, Issue 116 (June 15, 2018)

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
