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[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Proposed Rules]
[Pages 41930-41934]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16923]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2014-0003]
RIN 0579-AD89

Importation of Apples From China

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the fruits and vegetables 
regulations to allow the importation of fresh apples (Malus pumila) 
from China into the continental United States. As a condition of entry, 
apples from areas in China in which the Oriental fruit fly (Bactrocera 
dorsalis) is not known to exist would have to be produced in accordance 
with a systems approach that would include requirements for 
registration of places of production and packinghouses, inspection for 
quarantine pests at set intervals by the national plant protection 
organization of China, bagging of fruit, safeguarding, labeling, and 
importation in commercial consignments. Apples from areas in China in 
which Oriental fruit fly is known to exist could be imported into the 
continental United States if, in addition to these requirements, the 
apples are treated with fumigation plus refrigeration. All apples from 
China would also be required to be accompanied by a phytosanitary 
certificate with an additional declaration stating that all conditions 
for the importation of the apples have been met and that the 
consignment of apples has been inspected and found free of quarantine 
pests. This action would allow for the importation of apples from China 
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 
September 16, 2014.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0003.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2014-0003, 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-2014-
0003 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: Mr. Marc Phillips, Senior Regulatory 
Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 
4700 River Road, Unit 156, Riverdale, MD 20737; (301) 851-2114.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-68, 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 China has 
requested that the Animal and Plant Health Inspection Service (APHIS) 
amend the regulations to allow apples (Malus pumila) from China to be 
imported into the continental United States.
    As part of our evaluation of China's request, we have prepared a 
pest risk assessment (PRA), titled ``Importation of Apples (Malus 
pumila) from China into the Continental United States'' (June 10, 
2013).
    The PRA evaluates the risks associated with the importation of 
apples into the continental United States from China. Copies of the PRA 
may be obtained by contacting the individual listed under FOR FURTHER 
INFORMATION CONTACT or viewed on the Regulations.gov Web site (see 
ADDRESSES above for instructions for accessing Regulations.gov). The 
PRA identifies 21 pests of quarantine significance present in China 
that could be introduced into the continental United States through the 
importation of Chinese apples:

     Adoxophyes orana (Fischer von R[ouml]slerstamm), summer 
fruit tortix.
     Archips micaceana (Walker), a moth.
     Argyrotaenia ljungiana (Thunberg), grape tortix.
     Bactrocera dorsalis (Hendel), Oriental fruit fly.
     Carposina sasakii Matsumura, peach fruit moth.
     Cenopalpus pulcher (Canestrini & Fanzago), flat scarlet 
mite.
     Cryptoblabes gnidiella (Milli[egrave]re), honeydew 
moth.
     Cydia funebrana (Treitschke), plum fruit moth.
     Euzophera bigella (Zeller), quince moth.
     Euzophera pyriella Yang, a moth.
     Grapholita inopinata Heinrich, Manchurian fruit moth.
     Leucoptera malifoliella (Costa), apple leaf miner.
     Monilia polystroma van Leeuwen, Asian brown rot.
     Monilinia fructigena Honey, brown fruit rot.
     Rhynchites auratus (Scopoli), apricot weevil.
     Rhynchites bacchus (L.), peach weevil.
     Rhynchites giganteus Krynicky, a weevil.
     Rhynchites heros Roelofs, a weevil.
     Spilonota albicana (Motschulsky), white fruit moth.
     Spilonota prognathana Snellen, a moth.
     Ulodemis trigrapha Meyrick, a moth.

    The PRA states that measures beyond standard port-of-entry 
inspection are required to mitigate the risks posed by these plant 
pests. After consideration of potential mitigation options, we have 
prepared a risk management document (RMD) to recommend specific 
measures to mitigate these risks. Copies of the RMD may be obtained 
from the person listed under FOR FURTHER INFORMATION CONTACT or viewed 
on the Regulations.gov Web site.
    Based on the recommendations of the RMD, we are proposing to allow 
the importation of apples from China into the continental United States 
only if they are produced in accordance with a systems approach; we are 
proposing to add the systems approach to the regulations in a new Sec.  
319.56-69 governing the importation of apples from China.

Proposed Systems Approach

General Requirements

    Paragraph (a) of Sec.  319.56-69 would set out general requirements 
for the NPPO of China and for growers and packers producing apples for 
export to the continental United States.
    Paragraph (a)(1) would require the NPPO of China to provide an 
operational workplan to APHIS that details the activities that the NPPO 
will, subject to APHIS' approval of the workplan, carry out to meet the 
requirements of proposed Sec.  319.56-69. As described in a notice we 
published on May 10, 2006, in the Federal Register (71 FR 27221-27224, 
Docket No. APHIS-2005-0085), an operational workplan is an agreement 
between

[[Page 41931]]

APHIS' Plant Protection and Quarantine (PPQ) program, officials of the 
NPPO of a foreign government, and, when necessary, foreign commercial 
entities that specifies in detail the phytosanitary measures that will 
comply with our regulations governing the import or export of a 
specific commodity. Operational workplans establish detailed procedures 
and guidance for the day-to-day operations of specific import/export 
programs. 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.
    Paragraph (a)(2) would require the apples to be grown in places of 
production that are registered with the NPPO of China.
    Paragraph (a)(3) would state that apples from China may be imported 
in commercial consignments only. Produce grown commercially is less 
likely to be infested with plant pests than noncommercial consignments. 
Noncommercial consignments are more prone to infestation because the 
commodity is often ripe to overripe and is often grown with little to 
no pest control. Commercial consignments, as defined within the 
regulations, 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 packaging, identification of grower or packinghouse on 
the packaging, and documents consigning the fruits or vegetables to a 
wholesaler or retailer.

Place of Production Requirements

    Our systems approach would require certain measures to take place 
at the registered places of production.
    Proposed paragraph (b) of Sec.  319.56-69 would contain these 
measures. Paragraph (b)(1) would require the place of production to 
carry out any phytosanitary measures specified for the place of 
production under the operational workplan. Depending on the location, 
size, and plant pest history of the orchard, these measures may include 
surveying protocols or application of pesticides and fungicides.
    Paragraph (b)(2) would state that, when any apples destined for 
export to the continental United States are still on the tree and are 
no more than 2 centimeters in diameter, double-layered paper bags must 
be placed wholly over the apples. The bags would have to remain intact 
and on the apples until the apples arrive at the packinghouse. This 
bagging protocol, which is modeled on a similar requirement for Ya 
pears and sand pears from China, helps protect the apples against the 
quarantine moths and fungi.
    Paragraph (b)(3) would require the NPPO of China to visit and 
inspect registered places of production prior to harvest for signs of 
infestations. This provision is modeled on existing provisions for the 
importation of fragrant pears and sand pears from China, and serves a 
dual purpose: It not only provides for the NPPO of China to inspect the 
place of production for quarantine pests in a manner that APHIS 
believes to be sufficiently rigorous, but also affords the NPPO the 
opportunity to determine whether the orchard has continually maintained 
the phytosanitary measures specified for it under the operational 
workplan.
    Paragraph (b)(4) would state that, if either Monilia polystroma van 
Leeuwen or Monilinia fructigena is detected at a registered place of 
production, APHIS could reject the consignment or prohibit the 
importation into the continental United States of apples from the place 
of production for the remainder of the season. The exportation to the 
continental United States of apples from the place of production could 
resume in the next growing season if an investigation is conducted by 
the NPPO of China and APHIS and the NPPO conclude that appropriate 
remedial action has been taken. If either Monilia polystroma van 
Leeuwen or Monilinia fructigena are detected at more than one 
registered place of production within a province, APHIS could prohibit 
the importation into the continental United States of apples from that 
province until an investigation is conducted and APHIS and the NPPO 
conclude that appropriate remedial action has been taken. Procedures 
for disqualification of registered places of production based on 
detection of other listed pests of concern will be detailed in the 
operational workplan approved by APHIS and the NPPO. We are 
specifically requiring inspection for Monilia polystroma van Leeuwen 
and Monilinia fructigena as inspections provide phytosanitary 
protection against these pests and eliminate the need for additional 
treatment such as fungicidal dips. The other proposed requirements 
provide sufficient mitigation against the other pests of concern and 
therefore specific inspection, apart from standard port of entry 
inspection, for those pests is unnecessary.

Packinghouse Requirements

    Paragraph (c) of Sec.  319.56-69 would set forth requirements for 
mitigation measures that would have to take place at registered 
packinghouses. Paragraph (c)(1) would require that, during the time 
registered packinghouses are in use for packing apples for export to 
the continental United States, the packinghouses may only accept apples 
that are from registered places of production and that are produced in 
accordance with the requirements of proposed Sec.  319.56-69. Apples 
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 the introduction of quarantine pests into the 
packinghouses.
    Paragraph (c)(2) would require packinghouses to have a tracking 
system in place to readily identify all apples destined for export to 
the continental United States that enter the packinghouse and be able 
to trace the apples back to their place of production. In the event 
that quarantine pests are discovered in any consignment, the 
packinghouse would have to use the tracking system to determine the 
place of production of the apples, and supply the NPPO of China or 
officials authorized by the NPPO with this information. The NPPO would 
then inspect the place of production in order to determine the scope of 
the outbreak and the remedial actions necessary to address it.
    Paragraph (c)(3) would state that, following the packinghouse 
inspection, the packinghouse must follow a handling procedure for the 
apples that is mutually agreed upon by APHIS and the NPPO of China. 
Handling procedures could include such measures as culling damaged 
apples, removing leaves from the apples, wiping the apples with a clean 
cloth, air blasting, or grading.
    Paragraph (c)(4) would require that the apples be washed and waxed 
prior to shipment. Washing and waxing removes surface pests such as 
scale insects, mealybugs, and mites.
    Paragraph (c)(5) would require the apples to be packed in cartons 
that are labeled with the identity of the place of production and the 
packinghouse. In the event that quarantine pests are discovered in a 
consignment of apples after it is exported to the United States, this 
labeling will facilitate traceback and help the NPPO and APHIS delimit 
the scope of the outbreak.

Shipping Requirements

    Proposed paragraph (d) of Sec.  319.56-69 would set forth shipping 
requirements

[[Page 41932]]

for apples from China. It would require sealed containers of apples 
destined for export to the continental United States to be held in a 
cold storage facility while awaiting export. This would help to prevent 
pest infestation of packed apples, as certain of the quarantine pests 
for apples from China are averse to cold conditions.

Phytosanitary Certificate

    Paragraph (e) of Sec.  319.56-69 would require each consignment of 
apples imported from China into the continental United States to be 
accompanied by a phytosanitary certificate issued by the NPPO of China 
with an additional declaration stating that the requirements of Sec.  
319.56-69 have been met and the consignment has been inspected by the 
NPPO of China and found free of quarantine pests.

Additional Condition for Apples From Areas of China South of the 33rd 
Parallel

    The mitigation measures contained in proposed paragraphs (a) 
through (e) of Sec.  319.56-69 would apply to all apples imported into 
the continental United States from China. However, since the Oriental 
fruit fly is known to exist, in varying population densities, in areas 
of China south of the 33rd parallel, apples from such areas would be 
subject to treatment in accordance with 7 CFR part 305. Within part 
305, Sec.  305.2 provides that approved treatment schedules are set out 
in the PPQ Treatment Manual, found online at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf. (The 
manual specifies that fumigation plus refrigeration schedule T108-a is 
effective in neutralizing Oriental fruit fly on apples.) Proposed 
paragraph (f) of Sec.  319.56-69 would contain this additional 
requirement.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The 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.
    In accordance with 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this proposed rule on small entities. Copies of 
the full analysis are available by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT or on the Regulations.gov Web site (see 
ADDRESSES above for instructions for accessing Regulations.gov).
    Based on the information we have, there is no reason to conclude 
that adoption of this proposed rule would result in any significant 
economic effect on a substantial number of small entities. However, we 
do not currently have all of the data necessary for a comprehensive 
analysis of the effects of this proposed rule on small entities. 
Therefore, we are inviting comments on potential effects. In 
particular, we are interested in determining the number and kind of 
small entities that may incur benefits or costs from the implementation 
of this proposed rule.
    The proposed rule would allow the importation of fresh apples from 
China into the continental United States if they are produced in 
accordance with a systems approach specified in the APHIS approved 
operational workplan. As required by Executive Orders 12866 and 13563, 
this analysis examines expected regulatory impacts of the proposed rule 
on U.S. entities.
    Apples are the second most popular fresh fruit for consumers and 
the third most valuable fruit crop produced in the United States. The 
United States is the world's second largest apple producer; it became 
the world's largest apple exporter by value in 2012, generating $909 
million in fresh apple trade surplus (exports minus imports). That 
year, the United States commercially produced 4.1 million metric tons 
(MT) of apples, valued at $3 billion. According to the 2007 Census of 
Agriculture, the 25,591 U.S. apple farms had orchards that averaged 
15.6 acres. Virtually all apple farms are family owned, and many of 
these families have been engaged in apple production for many 
generations.
    Although apples are commercially grown in all 50 States, 9 States 
account for 96 percent of production. The State of Washington is by far 
the largest producer, at more than 2.9 million MT per year. Almost all 
apple farms are family owned, and many of these families have been 
engaged in apple production for many generations. The United States 
imported 183,000 MT of fresh apples, valued at $164 million, in 2012. 
Virtually all imports came from four trading partners: Chile, New 
Zealand, Canada, and Argentina.
    By quantity, China is the world's largest producer, consumer, and 
exporter of apples. Apples are the leading fruit produced in China, 
with production having increased from 2.3 million MT in 1978, to 38.5 
million MT in 2012. At the same time, its domestic demand for apples 
has grown to 37.5 million MT (33.3 million MT for fresh consumption and 
5.2 million MT for processing). Unlike in the United States, China's 
apple industry relies marginally on international trade--it exported 
about 3 percent of fresh apples produced and imported 0.1 percent of 
fresh apples consumed in 2012, while the United States exported about 
30 percent of fresh apples produced and imported 9 percent of fresh 
apples consumed in 2012. China's exports of fresh apples peaked in 2009 
at 1.2 million MT and declined to 0.98 million MT in 2012. Most of the 
4.3 million apple growers in China operate on a small scale, with farm 
acreages averaging 1.3 acres. The Fuji variety accounted for about 70 
percent of China's apple production in 2012. China's heavy dependence 
on the Fuji variety sharply contrasts to the diverse varieties that are 
produced in the United States.
    China's export markets are concentrated in Russia, Southeast Asia, 
and the Middle East. Chinese fresh apples also have been exported to 
Canada for more than a decade; however, Canada accounted only for 0.4 
percent of total China's fresh apple exports in 2012. In fact, the 
combined export volume to Canada, European Union (EU) member countries, 
Australia, and Mexico is very small (0.8 percent of total fresh apple 
exports by China in 2012), and has significantly declined in the last 6 
years, from 45,267 MT in 2007 (4.4 percent of Chinese apple exports) to 
8,273 MT in 2012. Average export prices of fresh apples from China in 
2012 to the aforementioned countries (Canada, $1.50/KG; EU, $1.10/KG; 
Australia, $1.83/KG; and Mexico, $1.55/KG) are consistently higher than 
the average export price for all 67 countries to which China exported 
fresh apples ($0.98/KG). It is reasonable to expect that prices for 
fresh apples exported to the United States would be similar to the 
prices paid by Canada and Mexico. Since the trend for U.S. fresh apple 
import prices has been steady at around $0.89/KG, apples imported from 
China are not likely to compete solely on price in the U.S. market. 
U.S. consumers make their purchasing decisions for fresh apples based 
not only on price, but also on qualitative attributes such as variety, 
flavor, appearance, freshness, production method, and product origin.
    Based on historic trade data, not more than 10,000 MT of fresh 
apples is expected to be imported from China into the continental 
United States annually, which would be the equivalent of about 5 
percent of U.S. imports and 0.44 percent of the U.S. domestic fresh 
apple supply in 2012. Most of China's fresh

[[Page 41933]]

apple exports to the United States would likely be shipped to West 
Coast ports, primarily ones in California. California is also the 
largest market for Washington apples, and any effects of the proposed 
rule may be borne mainly by Washington and California apple growers, in 
particular, U.S. apple growers of the Fuji variety. U.S. apple growers 
of other varieties and in other areas may also experience limited 
effects in terms of increased competition.
    While China's interest in obtaining market access to the United 
States for its apples is a recognized concern of the U.S. apple 
industry, the industry is challenged by relatively flat domestic apple 
consumption. The industry's growth can be fostered through expanded 
global trade. Given APHIS' determination that the proposed rule will 
not result in significant adverse impacts on plant health, the proposed 
rule could provide additional trade opportunities for the two 
countries.

Executive Order 12988

    This proposed rule would allow apples to be imported into the 
continental United States from China. If this proposed rule is adopted, 
State and local laws and regulations regarding apples imported under 
this rule would be preempted while the fruit is in foreign commerce. 
Fresh fruits are generally imported for immediate distribution and 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.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. APHIS-
2014-0003. Please send a copy of your comments to: (1) APHIS, using one 
of the methods described under ADDRESSES at the beginning of this 
document, and (2) Clearance Officer, OCIO, USDA, Room 404-W, 14th 
Street and Independence Avenue SW., Washington, DC 20250. A comment to 
OMB is best assured of having its full effect if OMB receives it within 
30 days of publication of this proposed rule.
    APHIS is proposing to amend the fruits and vegetables regulations 
to allow for the importation of fresh apples (Malus pumila) from China 
into the continental United States. As a condition of entry, apples 
from areas in China in which the Oriental fruit fly (Bactrocera 
dorsalis) is not known to exist would have to be produced in accordance 
with a systems approach that would include requirements for 
registration of places of production and packinghouses, inspection for 
quarantine pests at set intervals by the National Plant Protection 
Organization (NPPO) of China, bagging of fruit, safeguarding, labeling, 
and importation in commercial consignments. Apples from areas in China 
in which Oriental fruit fly is known to exist could be imported into 
the continental United States if, in addition to these requirements, 
the apples are treated with fumigation plus refrigeration.
    All apples from China would also be required to be accompanied by a 
phytosanitary certificate with an additional declaration stating that 
all conditions for the importation of the apples have been met and that 
the consignment of apples has been inspected and found free of 
quarantine pests. This action would allow for the importation of apples 
from China into the continental United States while continuing to 
provide protection against the introduction of quarantine pests.
    Allowing the importation of apples into the continental United 
States from China will require an operational workplan, production site 
and packinghouse registrations, tracking system, box labeling, and 
phytosanitary certificates.
    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 0.0079 hours per response.
    Respondents: NPPO of China, producers, and exporters.
    Estimated annual number of respondents: 181.
    Estimated annual number of responses per respondent: 278.
    Estimated annual number of responses: 50,461.
    Estimated total annual burden on respondents: 400 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.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
851-2908.

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 Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 851-2908.

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

0
2. Section 319.56-69 is added to read as follows:

Sec.  319.56-69  Apples from China.

    Fresh apples (Malus pumila) from China may be imported into the

[[Page 41934]]

continental United States from China only under the conditions 
described in this section. These conditions are designed to prevent the 
introduction of the following quarantine pests: Adoxophyes orana 
(Fischer von R[ouml]slerstamm), summer fruit tortix; Archips micaceana 
(Walker), a moth; Argyrotaenia ljungiana (Thunberg), grape tortix; 
Bactrocera dorsalis (Hendel), Oriental fruit fly; Carposina sasakii 
Matsumura, peach fruit moth; Cenopalpus pulcher (Canestrini & Fanzago), 
flat scarlet mite; Cryptoblabes gnidiella (Milli[egrave]re), honeydew 
moth; Cydia funebrana (Treitschke), plum fruit moth; Euzophera bigella 
(Zeller), quince moth; Euzophera pyriella Yang, a moth; Grapholita 
inopinata Heinrich, Manchurian fruit moth; Leucoptera malifoliella 
(Costa), apple leaf miner; Monilia polystroma van Leeuwen, Asian brown 
rot; Monilinia fructigena Honey, brown fruit rot; Rhynchites auratus 
(Scopoli), apricot weevil; Rhynchites bacchus (L.), peach weevil; 
Rhynchites giganteus Krynicky, a weevil; Rhynchites heros Roelofs, a 
weevil; Spilonota albicana (Motschulsky), white fruit moth; Spilonota 
prognathana Snellen, a moth; and Ulodemis trigrapha Meyrick, a moth. 
The conditions for importation of all fresh apples from China are found 
in paragraphs (a) through (e) of this section; additional conditions 
for apples imported from areas of China south of the 33rd parallel are 
found in paragraph (f) of this section.
    (a) General requirements.
    (1) The national plant protection organization (NPPO) of China must 
provide an operational workplan to APHIS that details the activities 
that the NPPO of China will, subject to APHIS' approval of the 
workplan, carry out to meet the requirements of this section.
    (2) The apples must be grown at places of production that are 
registered with the NPPO of China.
    (3) Apples from China may be imported in commercial consignments 
only.
    (b) Place of production requirements.
    (1) The place of production must carry out any phytosanitary 
measures specified for the place of production under the operational 
workplan as described in the regulations.
    (2) When any apples destined for export to the continental United 
States are still on the tree and are no more than 2 centimeters in 
diameter, double-layered paper bags must be placed wholly over the 
apples. The bags must remain intact and on the apples until the apples 
arrive at the packinghouse.
    (3) The NPPO of China must visit and inspect registered places of 
production prior to harvest for signs of infestation and/or infection.
    (4) If Monilia polystroma van Leeuwen or Monilinia fructigena is 
detected at a registered place of production, APHIS may reject the 
consignment or prohibit the importation into the continental United 
States of apples from the place of production for the remainder of the 
season. The exportation to the continental United States of apples from 
the place of production may resume in the next growing season if an 
investigation is conducted by the NPPO and APHIS and the NPPO conclude 
that appropriate remedial action has been taken.
    (c) Packinghouse requirements.
    (1) Packinghouses must be registered with the NPPO of China, and 
during the time registered packinghouses are in use for packing apples 
for export to the continental United States, the packinghouses may only 
accept apples that are from registered places of production and that 
are produced in accordance with the requirements of this section.
    (2) Packinghouses must have a tracking system in place to readily 
identify all apples destined for export to the continental United 
States that enter the packinghouse and be able to trace the apples back 
to their place of production.
    (3) Following the packinghouse inspection, the packinghouse must 
follow a handling procedure for the apples that is mutually agreed upon 
by APHIS and the NPPO of China.
    (4) The apples must be washed and waxed prior to shipment.
    (5) The apples must be packed in cartons that are labeled with the 
identity of the place of production and the packinghouse.
    (d) Shipping requirements. Sealed containers of apples destined for 
export to the continental United States must be held in a cold storage 
facility while awaiting export.
    (e) Phytosanitary certificate. Each consignment of apples imported 
from China into the continental United States must be accompanied by a 
phytosanitary certificate issued by the NPPO of China with an 
additional declaration stating that the requirements of this section 
have been met and the consignment has been inspected by the NPPO and 
found free of quarantine pests.
    (f) Additional conditions for apples from areas of China south of 
the 33rd parallel. In addition to the conditions in paragraphs (a) 
through (e) of this section, apples from areas of China south of the 
33rd parallel apples must be treated in accordance with 7 CFR part 305.

    Done in Washington, DC, this 14th day of July 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-16923 Filed 7-17-14; 8:45 am]
BILLING CODE 3410-34-P
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