[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Proposed Rules]
[Pages 14320-14323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6040]


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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. 76, No. 51 / Wednesday, March 16, 2011 / 
Proposed Rules

[[Page 14320]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2010-0024]
RIN 0579-AD38


Importation of Figs and Pomegranates From Chile Under a Systems 
Approach

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 into the continental United States 
of figs and pomegranates from Chile, subject to a systems approach. 
Under this systems approach, the fruit would have to be grown in a 
place of production that is registered with the Government of Chile and 
certified as having a low prevalence of Brevipalpus chilensis. The 
fruit would have to undergo pre-harvest sampling at the registered 
production site. Following post-harvest processing, the fruit would 
have to be inspected in Chile at an approved inspection site. Each 
consignment of fruit would have to be accompanied by a phytosanitary 
certificate with an additional declaration stating that the fruit had 
been found free of Brevipalpus chilensis based on field and 
packinghouse inspections. This proposed rule would allow for the safe 
importation of fresh figs and pomegranates from Chile using mitigation 
measures other than fumigation with methyl bromide.

DATES: We will consider all comments that we receive on or before May 
16, 2011.

ADDRESSES: You may submit comments by either of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0024 to submit or view comments and 
to view supporting and related materials available electronically.
    <bullet> Postal Mail/Commercial Delivery: Please send one copy of 
your comment to Docket No. APHIS-2010-0024, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2010-0024.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room 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) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Regulatory 
Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 
4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 734-0754.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-50, 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.
    Currently, the importation into the United States of fresh figs 
(Ficus carica) from Chile is not allowed. Importation of pomegranates 
(Punica granatum) from Chile is allowed if the fruit is fumigated with 
methyl bromide. The Animal and Plant Health Inspection Service (APHIS) 
also received a request from the national plant protection organization 
(NPPO) of Chile to allow fresh figs and pomegranates from Chile to be 
imported into the continental United States (the lower 48 States, the 
District of Columbia, and Alaska) without methyl bromide fumigation, 
but subject instead to a systems approach. As part of our evaluation of 
Chile's request, we prepared a pest risk assessment (PRA) and a risk 
management document. Copies of the PRA and the risk management document 
may be obtained from the person 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, titled ``Pest Risk Assessment for Fresh Fruits of 
Pomegranate (Punica granatum) and Fig (Ficus carica) from Chile 
Imported into the Continental United States'' (August 2009), evaluates 
the risks associated with the importation of figs and pomegranates into 
the continental United States from Chile. The risk management document 
lists the phytosanitary measures necessary to ensure the safe 
importation into the United States of figs and pomegranates from Chile.
    The PRA identifies one quarantine pest that could be introduced 
into the United States in consignments of fresh figs and pomegranates 
from Chile: Brevipalpus chilensis (false red mite).\1\ 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.'' 
In the PRA, the likelihood and consequences of introducing this pest to 
the United States are considered, and B. chilensis is rated as having a 
high pest risk potential. Pests receiving a rating within the high 
range generally necessitate specific phytosanitary measures in addition 
to standard port-of-entry inspection of the commodity being imported 
into the United States.
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    \1\ The PRA also identified Mediterranean fruit fly (Medfly) as 
a pest that could be introduced into the United States, but Chile 
has recently been recognized as free of Medfly.
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    Based on the findings of our PRA and risk management document, we 
are proposing to allow the importation of fresh figs and pomegranates 
from Chile into the continental United States, 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

[[Page 14321]]

that are not free of certain plant pests. The systems approach for 
fresh figs and pomegranates from Chile would require the fruit to be 
grown in a place of production that is registered with the NPPO of 
Chile and its identity maintained for traceback to the production site. 
The fruit would have to undergo pre-harvest sampling at the registered 
production site under the direction of the NPPO of Chile. The NPPO of 
Chile would present a list of production sites certified as having a 
low prevalence of B. chilensis to APHIS. Following post-harvest 
processing, the fruit would have to be inspected in Chile at an APHIS-
approved inspection site under the direction of APHIS inspectors in 
coordination with the NPPO of Chile. Each consignment of the fruit 
would have to be accompanied by a phytosanitary certificate with an 
additional declaration stating that the fruit had been found free of B. 
chilensis based on field and packinghouse inspections.
    The mitigation measures in the proposed systems approach are 
discussed in greater detail below, as well as in the risk management 
document.

Production Site Registration

    The production site where the fruit is grown would have to be 
registered with the NPPO of Chile. Harvested figs and pomegranates 
would have to be placed in field cartons or containers that are marked 
to show the official registration number of the production site. 
Registration would have to be renewed annually.
    Registration of production sites with the NPPO of Chile and marking 
of field cartons or containers with the registration numbers would 
allow traceback to the production site if pest problems were found on 
fruit shipped to the United States. Problem production sites could then 
be removed from the program until further mitigation measures were 
taken to reduce pest populations.

Low-Prevalence Production Site Certification

    Between 1 and 30 days prior to harvest, random samples of fruit 
would have to be collected from each registered production site under 
the direction of the NPPO of Chile. These samples would have to undergo 
a pest detection and evaluation method as follows: The fruit would have 
to be washed using a flushing method, placed in a 20-mesh sieve on top 
of a 200-mesh sieve, sprinkled with a liquid soap and water solution, 
washed with water at high pressure, and washed with water at low 
pressure. The process would then be repeated. The contents of the 200-
mesh sieve would then be placed on a petri dish and analyzed for the 
presence of live B. chilensis mites. If a single live B. chilensis mite 
were found, the production site would not qualify for certification as 
a low-prevalence production site. Each production site would have only 
one opportunity per season to qualify as a low-prevalence production 
site, and certification of low prevalence would be valid for one 
harvest season only. The NPPO of Chile would be required to present a 
list of certified production sites to APHIS.
    Production site low-prevalence certification would identify problem 
production sites and prevent the shipment of fruit with B. chilensis 
mites from such sites. This mite sampling method has been tested in 
Chile and found to be successful in identifying grape and citrus 
production areas with high and low populations of mites.

Post-Harvest Processing

    After harvest, all damaged or diseased fruits would have to be 
culled at the packinghouse and the remaining fruit would have to be 
packed into new, clean boxes, crates, or other APHIS-approved packing 
container. Each container in which the fruit is packed would have to 
have a label identifying the registered production site where the fruit 
originated and the packing shed where it was packed.
    Post-harvest processing procedures, such as culling damaged fruit 
and sampling for mites, would remove fruit that could contain pests 
from consignments being shipped to the United States. Culling is a 
standard procedure to produce quality fruit without pests.

Phytosanitary Inspection

    The fruit would have to be inspected in Chile at an APHIS-approved 
inspection site under the direction of APHIS inspectors in coordination 
with the NPPO of Chile following any post-harvest processing. A 
biometric sample would have to be drawn from each consignment. In order 
to be eligible for shipment to the continental United States, the fruit 
in the consignment would have to pass inspection by meeting the 
following requirements:
    <bullet> Fruit presented for inspection would have to be identified 
in the shipping documents accompanying each lot of fruit to specify the 
production site(s) where the fruit was produced and the packing shed(s) 
where the fruit was processed. This identification would have to be 
maintained until the fruit is released for entry into the United 
States.
    <bullet> The biometric sample, referred to above, of the boxes, 
crates, or other APHIS-approved packing containers from each 
consignment would be selected by the NPPO of Chile, and the fruit from 
these boxes, crates, or other APHIS-approved packing containers would 
be visually inspected for quarantine pests. A portion of the fruit 
would have to be washed with soapy water and the collected filtrate 
microscopically examined for B. chilensis. If a single live B. 
chilensis mite were found during the inspection process, the certified 
low-prevalence production site where the fruit was grown would lose its 
certification.
    The proposed requirements for the identification of the figs and 
pomegranates to their production sites and packing sheds would aid in 
traceback if pests were found. The proposed requirements for visual 
inspection and biometric sampling of the fruit would provide additional 
layers of protection against the possibility of figs and pomegranates 
infested with quarantine pests being shipped from Chile to the United 
States. These methods have proved effective when employed to inspect 
consignments of citrus from Chile.

Phytosanitary Certificate

    Each consignment of fruit would have to be accompanied by a 
phytosanitary certificate issued by the NPPO of Chile that contains an 
additional declaration stating that the fruit in the consignment was 
inspected and found free of B. chilensis based on field and 
packinghouse inspections.
    Requiring a phytosanitary certificate would ensure that the NPPO of 
Chile has inspected the fruit and certified that the fruit meets the 
conditions for export to the United States.

Executive Order 12866 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.
    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 Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov).

[[Page 14322]]

    This proposed rule would allow the importation of fresh fig and 
pomegranate fruit from Chile under a systems approach. Entities 
potentially affected by the proposed rule are fig and pomegranate fruit 
growers. They are classified within the industry, Other Non-citrus 
Fruit Farming, for which the Small Business Administration small-entity 
standard is annual sales of not more than $750,000. Annual receipts for 
this industry averaged about $112,000 in 2007, well below the small-
entity standard.
    While most U.S. fig and pomegranate operations are small, they are 
not expected to be significantly affected by the proposed rule. For 
both fruits, relatively small quantities are expected to be imported 
from Chile during the U.S. off-season: Less than 1 percent and less 
than 4 percent of U.S. consumption of figs and pomegranates in recent 
years, respectively. The counter-seasonality of the imports from Chile 
will preclude negative price impacts for U.S. producers and may help 
accelerate the general demand for these fruits as consumers further 
develop the taste for these fruits, thereby benefiting domestic 
producers also over time.
    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 figs and pomegranates to be 
imported into the continental United States from Chile. If this 
proposed rule is adopted, State and local laws and regulations 
regarding fresh figs and pomegranates imported under this rule would be 
preempted while the fruit is in foreign commerce. Fresh figs and 
pomegranates 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-
2010-0024. Please send a copy of your comments to: (1) Docket No. 
APHIS-2010-0024, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238, 
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.
    Under the Plant Protection Act (7 U.S.C.7701 et seq.) the Secretary 
of Agriculture is authorized to prohibit or restrict the importation, 
entry, or movement of plants and plant pests to prevent the 
introduction of plant pests into the United States or their 
dissemination within the United Sates.
    The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319-56.50, 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.
    APHIS is proposing to amend the fruits and vegetables regulations 
to allow the importation into the continental United Sates of figs and 
pomegranates from Chile, subject to a systems approach. Under this 
systems approach, the fruit would have to be grown in a place of 
production that is registered with the Government of Chile and 
certified as having a low prevalence of Brevipalpus chilensis. The 
fruit would have to undergo pre-harvest sampling sampling at the 
registered production site. Following the post-harvest processing, the 
fruit would have to be inspected in Chile at an approved inspection 
site. Each consignment of fruit would have to be accompanied by a 
phytosanitary certificate with an additional declaration stating that 
the fruit had been found free of Brevipalpus chilensis based on field 
and packinghouse inspections. This proposed rule would allow for the 
safe importation of fresh figs and pomegranates from Chile using 
mitigation measures other than fumigation with methyl bromide.
    Implementation of this rule will require respondents to complete 
documents such as a phytosanitary certificate, marking of cartons, 
production site registration, and to provide a list of certified 
production sites.
    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 0.5468 hours per response.
    Respondents: Importers of figs and pomegranates; NPPO of Chile.
    Estimated annual number of respondents: 31.
    Estimated annual number of responses per respondent: 50.6774.
    Estimated annual number of responses: 1,571.
    Estimated total annual burden on respondents: 859 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.

[[Page 14323]]

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

    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.

    2. A new Sec.  319.56-51 is added to read as follows:


Sec.  319.56-51  Fresh figs and pomegranates from Chile.

    Fresh figs (Ficus carica) and fresh pomegranates (Punica granatum) 
may be imported into the continental United States from Chile under the 
following conditions:
    (a) Production site registration. The production site where the 
fruit is grown must be registered with the national plant protection 
organization (NPPO) of Chile. Harvested figs and pomegranates must be 
placed in field cartons or containers that are marked to show the 
official registration number of the production site. Registration must 
be renewed annually.
    (b) Low-prevalence production site certification. The fruit must 
originate from a low-prevalence production site to be imported under 
the conditions in this section. Between 1 and 30 days prior to harvest, 
random samples of fruit must be collected from each registered 
production site under the direction of the NPPO of Chile. These samples 
must undergo a pest detection and evaluation method as follows: The 
fruit must be washed using a flushing method, placed in a 20-mesh sieve 
on top of a 200-mesh sieve, sprinkled with a liquid soap and water 
solution, washed with water at high pressure, and washed with water at 
low pressure. The process must then be repeated. The contents of the 
200-mesh sieve must then be placed on a petri dish and analyzed for the 
presence of live Brevipalpus chilensis mites. If a single live B. 
chilensis mite is found, the production site will not qualify for 
certification as a low-prevalence production site. Each production site 
may have only one opportunity per season to qualify as a low-prevalence 
production site, and certification of low prevalence will be valid for 
one harvest season only. The NPPO of Chile will present a list of 
certified production sites to APHIS.
    (c) Post-harvest processing. After harvest, all damaged or diseased 
fruits must be culled at the packinghouse and must be packed into new, 
clean boxes, crates, or other APHIS-approved packing containers. Each 
container in which the fruit is packed must have a label identifying 
the registered production site where the fruit originated and the 
packing shed where it was packed.
    (d) Phytosanitary inspection. Fruit must be inspected in Chile at 
an APHIS-approved inspection site under the direction of APHIS 
inspectors in coordination with the NPPO of Chile following any post-
harvest processing. A biometric sample must be drawn and examined from 
each consignment. Figs and pomegranates in any consignment may be 
shipped to the continental United States under the conditions of this 
section only if the consignment passes inspection as follows:
    (1) Fruit presented for inspection must be identified in the 
shipping documents accompanying each lot of fruit to specify the 
production site or sites in which the fruit was produced and the 
packing shed or sheds in which the fruit was processed. This 
identification must be maintained until the fruit is released for entry 
into the United States.
    (2) A biometric sample of the boxes, crates, or other APHIS-
approved packing containers from each consignment will be selected by 
the NPPO of Chile, and the fruit from these boxes, crates, or other 
APHIS-approved packing containers will be visually inspected for 
quarantine pests. A portion of the fruit must be washed with soapy 
water and the collected filtrate must be microscopically examined for 
B. chilensis. If a single live B. chilensis mite is found during the 
inspection process, the certified low-prevalence production site where 
the fruit was grown will lose its certification.
    (e) Phytosanitary certificate. Each consignment of fresh figs or 
pomegranates must be accompanied by a phytosanitary certificate issued 
by the NPPO of Chile that contains an additional declaration stating 
that the fruit in the consignment was inspected and found free of 
Brevipalpus chilensis based on field and packinghouse inspections.

    Done in Washington, DC this 9th day of March 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-6040 Filed 3-15-11; 8:45 am]
BILLING CODE 3410-34-P