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Rules and Regulations Federal Register

16651 

Vol. 79, No. 58 

Wednesday, March 26, 2014 

1To view the proposed rule, its supporting 

documents, or the comments that we received, go 

to http://www.regulations.gov/

#!docketDetail;D=APHIS-2013-0037. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2013–0037] 

RIN 0579–AD78 

Importation of Potatoes From Mexico 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

regulations concerning the importation 

of fruits and vegetables to allow the 

importation of fresh potatoes (Solanum 

tuberosum L.) from Mexico into the 

United States. As a condition of entry, 

the potatoes must be produced in 

accordance with a systems approach 

employing a combination of mitigation 

measures to prevent the introduction 

and dissemination of plant pests into 

the United States. The potatoes must be 

imported in commercial consignments, 

must be produced by a grower who is 

registered in a certification program, 

must be packed in registered 

packinghouses, must be washed, 

cleaned, and treated with a sprout 

inhibitor, and must be inspected after 

packing for quarantine pests. The 

potatoes must also be accompanied by 

a phytosanitary certificate that declares 

that the conditions for importation have 

been met. Finally, the national plant 

protection organization (NPPO) of 

Mexico must provide a bilateral 

workplan to the Animal and Plant 

Health Inspection Service (APHIS) that 

details the activities that the NPPO of 

Mexico will carry out to meet these 

requirements, subject to APHIS’ 

approval. This action allows the 

importation of potatoes from Mexico 

while continuing to protect against the 

introduction of plant pests into the 

United States. 

DATES: Effective Date: April 25, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Lamb, Regulatory Policy 

Specialist, PPQ, APHIS, 4700 River 

Road Unit 133, Riverdale, MD 20737– 

1231; (301) 851–2018. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart–Fruits 

and Vegetables’’ (7 CFR 319.56–1 

through 319.56–64, 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. 

The national plant protection 

organization (NPPO) of Mexico 

requested that the Animal and Plant 

Health Inspection Service (APHIS) 

amend the regulations to allow fresh 

potatoes from Mexico (Solanum 

tuberosum L.) to be imported into the 

United States. 

In response to that request, we 

prepared a pest risk assessment (PRA) 

and a risk management document 

(RMD). Based on the conclusions of the 

PRA and the RMD, on September 27, 

2013, we published in the Federal 

Register (78 FR 59628–59632, Docket 

No. APHIS–2013–0037) a proposed 

rule 1 to amend the regulations to 

authorize the importation of fresh 

potatoes from Mexico into the United 

States, provided that the potatoes were 

produced in accordance with a systems 

approach consisting of the following 

requirements: Production by a grower 

who is part of a certification program 

administered by the NPPO of Mexico; 

packing in packinghouses that are 

registered with the NPPO; post-harvest 

washing, cleaning, and treatment of the 

potatoes with a sprout inhibitor; 

inspection after packing for quarantine 

pests; issuance of a phytosanitary 

certificate; importation in commercial 

consignments only; and transport of the 

potatoes in a sealed means of 

conveyance from the packinghouse to 

the port of first arrival in the United 

States. 

We solicited comments concerning 

our proposal for 60 days ending 

November 26, 2013. We received eight 

comments by that date. They were from 

a national organization that represents 

U.S. potato producers, a State 

organization that represents potato 

producers, a domestic potato producer, 

and private citizens. The comments that 

we received are discussed below, by 

topic. 

General Comments on the Proposed 

Rule 

One commenter stated that APHIS 

should prohibit all fruits and vegetables 

from other countries from being 

imported into the United States. 

Another commenter stated that we 

should prohibit all potato imports. 

Such prohibitions would be beyond 

the scope of APHIS’ statutory authority 

under the Plant Protection Act (7 U.S.C. 

7701 et seq., referred to below as the 

PPA). Under the PPA, APHIS may 

prohibit the importation of a fruit or 

vegetable into the United States only if 

we determine that the prohibition is 

necessary in order to prevent the 

introduction or dissemination of a plant 

pest or noxious weed within the United 

States. 

Additionally, as a signatory to the 

World Trade Organization’s Agreement 

on Sanitary and Phytosanitary Measures 

(SPS Agreement), the United States has 

agreed that any prohibitions it places on 

the importation of fruits and vegetables 

will be based on scientific evidence, and 

will not be maintained without 

sufficient scientific evidence. The 

blanket prohibitions requested by the 

commenters would not be in keeping 

with this agreement. 

A commenter stated that the NPPO of 

Mexico cannot be trusted to abide by the 

provisions of the proposed rule. 

Like the United States, Mexico is also 

a signatory to the SPS Agreement. As 

such, it has agreed to respect the 

phytosanitary measures the United 

States imposes on the importation of 

plants and plant products from Mexico 

when the United States demonstrates 

the need to impose these measures in 

order to protect plant health within the 

United States. The PRA that 

accompanied the proposed rule 

provided evidence of such a need. 

A commenter expressed concern that 

the importation of potatoes from Mexico 

poses a high risk of introducing 

quarantine pests into the United States. 

For the reasons explained in the 

proposed rule, the RMD, and this final 


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rule, we consider the provisions of this 

final rule to adequately mitigate the risk 

associated with the importation of 

potatoes from Mexico. 

A commenter expressed concern that 

APHIS would not be able to enforce the 

provisions of the proposed rule. 

We are confident that we have 

sufficient personnel and resources to do 

so. 

Comments Regarding the Pest Risk 

Assessment 

As we mentioned above, we prepared 

a PRA in response to the NPPO of 

Mexico’s request that we authorize the 

importation of fresh potatoes from 

Mexico into the United States. The PRA 

listed all pests of potatoes known to 

exist in Mexico. The PRA also identified 

eight quarantine pests present in Mexico 

that could be introduced into the United 

States through the importation of fresh 

potatoes: 

• Copitarsia decolora (Guene ́e), a 

moth. 

• Epicaerus cognatus Sharp, potato 

weevil. 

• Nacobbus aberrans (Thorne) 

Thorne & Allen, false root-knot 

nematode. 

• Ralstonia solanacearum race 3 

biovar 2 (Smith) Yabuuchi et al., a 

bacterium that causes brown rot of 

potato. 

• Rosellinia bunodes (Berk. & 

Broome) Sacc., a pathogenic fungus. 

• R. pepo Pat., a pathogenic fungus. 

• Synchytrium endobioticum 

(Schilb.) Percival, a pathogenic fungus 

that causes potato wart disease. 

• Thecaphora solani (Thirum. & M. 

O’Brien) Mordue, a pathogenic fungus 

that causes potato smut. 

The PRA determined that three of 

these eight pests—N. aberrans, R. 

solanacearum race 3 biovar 2, and S. 

endobioticum—pose a high risk of 

following the pathway of fresh potatoes 

from Mexico into the United States and 

having negative effects on U.S. 

agriculture. The remaining five pests— 

C. decolora, E. cognatus, R. bunodes, R. 

pepo, and T. solani—were rated as 

having a medium risk potential. 

A commenter stated that, because of 

the great number of pests of potatoes 

known to exist in Mexico, it is likely 

that there is a pest of potatoes in Mexico 

that APHIS is not aware of. Because of 

this possibility, the commenter 

suggested APHIS not finalize the 

proposed rule. 

The PRA that accompanied the 

proposed rule provided a list of all pests 

of potatoes known to exist in Mexico. 

This list was prepared using multiple 

data sources to ensure its completeness. 

For this same reason, we are confident 

it is accurate. 

If, however, a new pest of potatoes is 

detected in Mexico, APHIS will evaluate 

the pest to determine whether it is a 

quarantine pest, and whether it is likely 

to follow the pathway of potatoes from 

Mexico that are imported into the 

United States. If we determine that the 

pest is a quarantine pest and is likely to 

follow the pathway, we will take 

appropriate measures to prevent its 

introduction into the United States. 

A commenter stated that, in assigning 

a medium or high risk potential to the 

eight pests present in Mexico that could 

be introduced into the United States 

through the importation of potatoes 

from Mexico, the PRA had implied that 

potatoes from Mexico are a unique 

pathway for these pests, and that no 

other commodities from Mexico that are 

currently authorized importation into 

the United States are also hosts of any 

of the pests. The commenter stated that 

this is not the case, and the PRA was 

therefore in error. 

In assigning a medium or high risk 

potential to the pests, the PRA did not 

make such claims. Indeed, as we discuss 

later in this document, the PRA took 

into consideration that certain 

commodities already authorized 

importation into the United States from 

Mexico have similar pest lists. 

The same commenter stated that, 

since we already authorize the 

importation of Mexican commodities 

that are hosts of the quarantine pests 

identified by the PRA, and importation 

of these commodities has yet to result in 

the introduction of the pests into the 

United States, the PRA should not have 

evaluated those pests. 

It appears the commenter assumed 

that, if the pest list for one commodity 

from a foreign region is similar to the 

pest list for another commodity from 

that region, the risk associated with the 

importation of those commodities must 

likewise be similar. This is not the case. 

The former commodity may be the 

preferred host of the pests, while the 

latter is an alternate host; or the former 

commodity may be more likely to be 

imported into regions of the United 

States where the plant pests could 

become established or where the effects 

of such establishment on domestic 

agriculture would be more pronounced. 

Additionally, it appears that the 

commenter failed to take into 

consideration that many of the 

commodities from Mexico that are 

currently authorized importation into 

the United States may only be imported 

subject to certain mitigations, and that 

these mitigations may account for the 

absence of pest detections on those 

commodities. 

Accordingly, while we did take the 

absence of pest detections on 

commodities that are currently imported 

into the United States from Mexico into 

consideration in preparing the PRA, we 

disagree with the commenter’s assertion 

that this absence should have precluded 

us from evaluating the eight quarantine 

pests that the PRA determined could be 

introduced into the United States 

through the importation of potatoes 

from Mexico. 

The same commenter suggested that, 

in assigning risk ratings to the eight 

quarantine pests, we did not take into 

consideration that all of the pests other 

than C. decolora were unlikely to 

survive if they accompanied a shipment 

of potatoes from Mexico to the United 

States, and that C. decolora infestations 

would be easy to detect at a port of 

entry. 

As we discussed in the PRA, we took 

those facts into consideration in 

assigning the ratings. 

The commenter also asserted that N. 

aberrans and R. solanacearum race 3 

already are widely prevalent within the 

United States. 

The biotype of N. aberrans that is 

known to exist in the western United 

States parasitizes sugarbeets but does 

not parasitize potatoes. This biotype 

differs from the Central and South 

American biotype, which parasitizes 

potatoes and is a high-risk pest for that 

commodity. The biotype that the PRA 

examined is the latter, which is not 

known to exist in the United States. 

Additionally, while we agree that R. 

solanacearum race 3 does exist in the 

United States, the especially virulent 

biovar of R. solanacearum race 3, biovar 

2, does not. 

Comments Regarding Importation in 

Commercial Consignments 

We proposed that potatoes from 

Mexico must be imported in commercial 

consignments only. 

One commenter stated that this 

provision effectively precludes smallscale Mexican potato producers from 

exporting potatoes to the United States. 

The commenter asserted that large-scale 

producers were more likely to use 

pesticides, herbicides, and fertilizers on 

their crops, and pointed out that 

pesticide, herbicides, and fertilizers that 

are banned for use in the United States 

may be allowed in Mexico. The 

commenter expressed concern that 

potatoes that are imported from Mexico 

into the United States could contain 

residues of such pesticides, herbicides, 

or fertilizers, that these residues could 

present a human health risk to U.S. 


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consumers, and, if the residues entered 

a water reservoir, a plant health risk to 

domestic fruits and vegetables. The 

commenter suggested that, if we 

maintained the requirement that 

potatoes from Mexico must be imported 

in commercial consignments only, we 

needed to add an additional 

requirement stipulating that only 

herbicides, pesticides, and fertilizers 

that are approved by APHIS may be 

used on potatoes from Mexico that are 

exported to the United States. 

We do not agree with the commenter 

that the provision effectively precludes 

small-scale Mexican potato producers 

from exporting potatoes to the United 

States. As we mentioned in the 

preamble of the proposed rule, 

commercial consignments are defined in 

§ 319.56–2 of the regulations as 

consignments that an inspector 

identifies as having been imported for 

sale and distribution. This identification 

may be 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. Thus, a smallscale Mexican potato producer who 

packages, labels, or manifests shipments 

of potatoes to the United States in a 

manner that indicates the potatoes are 

for commercial sale would meet this 

provision. 

With respect to the commenter’s 

concern regarding the use of 

unregulated pesticides, herbicides, or 

fertilizers, we note that the Food and 

Drug Administration of the Department 

of Health and Human Services regulates 

the pesticide, herbicide, and fertilizer 

residues that may be present on 

imported fruits and vegetables intended 

for human consumption. 

Comments Regarding Producer 

Certification Program 

We proposed that potatoes from 

Mexico would have to be produced by 

a grower who is registered in a 

certification program administered by 

the NPPO of Mexico. We stated that the 

program would have to require the 

producer to use only seed that has been 

certified by the NPPO of Mexico as free 

of R. solanacearum race 3 biovar 2, R. 

bunodes, R. pepo, S. endobioticum, and 

T. solani to produce the potatoes. We 

also stated that the certification program 

would have to require the potatoes to be 

grown in an enclosed environment or 

alternatively would have to require the 

field in which the potatoes are grown to 

be surveyed for quarantine pests and 

tested for R. solanacearum race 3 biovar 

2 at regular intervals. 

One commenter stated that, by 

requiring producers to use only seed 

that has been certified by the NPPO of 

Mexico as free of R. solanacearum race 

3 biovar 2, R. bunodes, R. pepo, S. 

endobioticum, and T. solani to produce 

the potatoes, we were effectively 

precluding crossbreeding of potatoes 

destined for export to the United States. 

The commenter contended that 

crossbreeding potatoes is necessary in 

order to prevent potatoes from becoming 

more susceptible to emerging plant 

pests and pathogenic fungi. 

The commenter provided no evidence 

suggesting that crossbreeding potatoes 

has such a prophylactic effect. In 

contrast, the evidence APHIS examined 

in preparing the RMD and the proposed 

rule suggested that R. solanacearum 

race 3 biovar 2, R. bunodes, R. pepo, S. 

endobioticum, and T. solani can all be 

borne by seed, and that this requirement 

is necessary in order to prevent the use 

of infected seed to produce potatoes 

destined for export to the United States. 

Another commenter stated that civil 

or political unrest in Mexico could 

preclude the NPPO from surveying a 

field for quarantine pests or testing it for 

R. solanacearum race 3 biovar 2. 

Such surveying and testing is a 

necessary component of the systems 

approach for potatoes that are not grown 

in an enclosed environment. If this 

surveying and testing does not occur, for 

whatever reason, potatoes from that 

field are not eligible for export to the 

United States until the surveying and 

testing resumes. 

Comment Regarding Registered 

Packinghouses 

We proposed that potatoes from 

Mexico would have to be packed in 

packinghouses that are registered with 

the NPPO and to which the NPPO of 

Mexico has assigned a unique 

identifying number. 

A commenter asked whether a 

registered packinghouse could receive 

and pack potatoes from multiple 

producers at once, and to what degree 

APHIS would allow the packinghouse to 

commingle potatoes in such a manner. 

A packinghouse may receive and pack 

potatoes from multiple registered 

producers at once, nor does this rule 

place any restrictions on the degree to 

which the packinghouse may engage in 

such a practice. 

However, each consignment of 

potatoes from Mexico must be 

accompanied by a phytosanitary 

certificate issued by the NPPO of 

Mexico that specifies the number of the 

packinghouse in which the potatoes 

were packed. Additionally, if quarantine 

pests are discovered on potatoes from 

Mexico at a port of first arrival into the 

United States, the potatoes will be 

traced back to the packinghouse in 

which they were packed using the 

packinghouse number specified on the 

phytosanitary certificate. If the 

packinghouse cannot identify the 

grower from which the potatoes 

originated, the packinghouse will be 

suspended from the export program for 

potatoes to the United States for at least 

the remainder of the shipping season, 

and will continue to be suspended in 

subsequent seasons until APHIS and the 

NPPO of Mexico jointly agree that the 

plant pest risk at the packinghouse has 

been mitigated. We believe these 

provisions will deter packinghouses 

from indiscriminate commingling of 

potatoes. 

Comment Regarding Post-Harvest 

Processing 

We proposed that, after harvest but 

prior to packing, the potatoes would 

have to be washed, cleaned of soil and 

debris, and treated with a sprout 

inhibitor. In the preamble of the 

proposed rule, we said that treatment 

with a sprout inhibitor was necessary 

because, once a potato has begun to 

sprout, it is propagative material that 

then can easily be used as a plant for 

planting. 

Two commenters asserted that the 

proposed rule suggested that any 

evidence of sprouting whatsoever makes 

a potato propagative material that can 

easily be used as a plant for planting. 

While agreeing that a sprouting potato is 

potentially a plant for planting, and, 

therefore, that treatment with a sprout 

inhibitor is a necessary mitigation, they 

also stated that such diversion is 

significantly more difficult than the 

proposed rule suggested it was. 

We agree that such diversion is not 

easy, and acknowledge that the 

proposed rule should not have 

suggested it is. As the commenters 

acknowledged, however, diversion is 

possible, especially if the potatoes are 

not treated with a sprout inhibitor. 

Comments Regarding Post-Harvest 

Inspection 

We proposed that, after harvest but 

before packing, a biometric sample 

would have to be taken from each 

consignment of potatoes destined for 

export to the United States. We 

proposed that the sample would have to 

be visually inspected for evidence of 

sprouting, as well as evidence of C. 

decolora, E. cognatus, N. aberrans, R. 

bunodes, R. pepo, and T. solani. We also 

proposed to require a portion of the 

potatoes in the sample to be cut open, 

inspected for evidence of E. cognatus, 


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N. aberrans, R. solanacearum race 3 

biovar 2, and T. solani, and submitted 

to a laboratory approved by the NPPO 

of Mexico for testing for R. 

solanacearum race 3 biovar 2. The 

potatoes could not be shipped to the 

United States until the results of this 

testing are obtained. If any of the 

potatoes are found to be sprouting, or 

any evidence of these quarantine pests 

is found, or any potatoes have nonnegative test results for R. solanacearum 

race 3 biovar 2, we proposed that the 

entire consignment of potatoes would be 

prohibited from importation into the 

United States. 

Two commenters requested that a 

potato that exhibits only ‘‘peeps’’ 

should not be considered to be 

sprouting. The commenters stated that 

‘‘peeps’’ are non-propagative, and that 

treatment with sprout inhibitors 

precludes their further development 

into propagative material. 

‘‘Peeps’’ are potato buds that either 

lack sprouts, or that have nascent 

sprouts that have not yet become 

elongated. We consider a potato to be 

sprouting when it exhibits green 

sprouts, regardless of degree of 

elongation. Thus, a potato that exhibits 

only buds would not be considered to 

be sprouting, while a potato that 

exhibits both buds and green sprouts 

would. 

One commenter asked how many 

potatoes would be sampled from each 

consignment. The commenter expressed 

concern that some of the quarantine 

pests that could follow the pathway of 

potatoes into the United States could be 

difficult to detect if the sample size was 

small. 

The sample will be a biometric 

sample. In biometric sampling, a 

confidence level for pest freedom in a 

particular consignment is established, 

and the consignment is sampled at the 

rate needed to provide that level of 

confidence; in other words, the sample 

size has to be statistically relevant for 

purposes of claiming pest freedom for 

that particular consignment. As a result, 

in biometric sampling, lot size and 

sampling size are directly correlated. 

Comment Regarding Sealed Means of 

Conveyance 

We proposed that each consignment 

of potatoes from Mexico would have to 

be shipped to the United States in a 

means of conveyance sealed with an 

agricultural seal affixed by an 

individual authorized by the NPPO of 

Mexico to do so. 

If the seal is broken en route, we 

proposed that an inspector at the port of 

first arrival would take remedial 

measures jointly agreed to by APHIS 

and the NPPO of Mexico and specified 

in the bilateral workplan. The proposed 

rule stated that the measures specified 

in the workplan would depend on 

whether the inspector determines the 

integrity of the consignment itself to 

have been compromised; if so, whether 

this compromise has resulted in the 

introduction of plant pests into the 

consignment during transit; and, if so, 

whether any of these pests are 

quarantine pests. 

One commenter stated that, if the 

agricultural seal for the means of 

conveyance is broken early on during 

transit to the United States, there could 

be a prolonged period of time where the 

means of conveyance is not adequately 

safeguarded and quarantine pests could 

be introduced into it. The commenter 

stated that, in such instances, there is a 

possibility that the means of conveyance 

could become so heavily infested with 

quarantine pests that it functions as a 

pathway for the dissemination of 

quarantine pests itself, regardless of 

whether the consignment of potatoes 

within the vehicle has become infested. 

The commenter asked what measures 

APHIS would take at a port of first 

arrival if the integrity of the 

consignment of potatoes is not 

compromised, but the vehicle carrying 

the potatoes is infested with quarantine 

pests. 

Pursuant to Section 7714 of the PPA, 

an inspector at a port of first arrival 

could hold, seize, quarantine, treat, 

apply other remedial measures to, 

destroy, or otherwise dispose of such a 

means of conveyance. 

Comments Regarding Traceback 

Procedures 

We proposed traceback procedures if 

quarantine pests were discovered on 

potatoes from Mexico at a port of first 

arrival into the United States. 

In the event that this occurs, we stated 

that the potatoes would be traced back 

to the packinghouse in which they were 

packed using the packinghouse number 

specified on the phytosanitary 

certificate. 

The packinghouse would be required 

to identify the grower from which the 

potatoes originated, and the grower 

would be required to identify the place 

of production in which the potatoes 

were grown. That place of production 

would be suspended from the export 

program for potatoes to the United 

States for the remainder of the shipping 

season. 

If the grower is unable to identify the 

place of production in which the 

potatoes were grown, that grower would 

be suspended from the export program 

for the remainder of the shipping 

season. 

Finally, if the packinghouse is unable 

to identify the grower from which the 

potatoes originated, that packinghouse 

would be suspended from the export 

program for potatoes to the United 

States for the remainder of the shipping 

season. 

One commenter stated that these 

traceback procedures presuppose a 

highly integrated production system in 

which a packinghouses and producers 

work in conjunction and keep accurate 

records regarding potato production and 

incoming and outgoing shipments, and 

that this sort of integrated production 

system is unlikely to exist in Mexico. 

We agree with the comment that the 

traceback procedures presuppose that 

producers and packinghouses work in 

conjunction and keep accurate records 

regarding potato production and 

incoming and outgoing shipments. 

However, we disagree with the 

commenter’s assertion that this sort of 

integrated production system is 

impracticable in Mexico. We believe 

that producers and packinghouses that 

assume the costs to participate in the 

export program for potatoes to the 

United States will be sufficiently 

motivated to keep records and share 

information to reduce the impact on 

their operations should a quarantine 

pest be detected on potatoes from 

Mexico at a port of first arrival in the 

United States. 

A commenter expressed concern that 

suspending a place of production, 

grower, or packinghouse from the export 

program for the remainder of a shipping 

season would not address the plant pest 

risk that led the grower or packinghouse 

to ship infested potatoes to the United 

States. 

We agree with the commenter. In this 

final rule, the place of production, 

grower, or packinghouse will be 

suspended from the export program for 

at least the remainder of the shipping 

season, and will continue to be 

suspended from the program in 

subsequent seasons until APHIS and the 

NPPO of Mexico jointly agree that the 

plant pest risk at the place of 

production, grower, or packinghouse 

has been adequately mitigated. 

Miscellaneous 

In the proposed rule, we proposed to 

add the conditions governing the 

importation of potatoes from Mexico as 

§ 319.56–62. In this final rule, they are 

added as § 319.56–66. 

In the proposed rule, we proposed 

that each consignment of potatoes 

shipped from Mexico to the United 

States would have to be accompanied by 


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Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations 16655 

a phytosanitary certificate, issued by the 

NPPO of Mexico, that states that the 

potatoes do not come from an area of 

Mexico regulated by the NPPO of 

Mexico for G. rostochiensis; have been 

produced from seed certified free of R. 

solanacearum race 3 biovar 2, R. 

bunodes, R. pepo, S. endobioticum, and 

T. solani; have been inspected for C. 

decolora, E. cognatus, N. aberrans, R. 

solanacearum race 3 biovar 2, R. 

bunodes, R. pepo, and T. solani; have 

been tested for R. solanacearum race 3 

biovar 2; and based on this inspection 

and testing, have been found free of 

those pests. 

In reviewing our proposed rule in 

light of other sections of the regulations, 

we concluded that our proposed 

phytosanitary certificate requirement 

was significantly more prescriptive than 

most other phytosanitary certificate 

requirements for fruits and vegetables 

authorized importation into the United 

States. Typically, we require the 

phytosanitary certificate to state that the 

commodity has been produced in 

accordance with the regulations in that 

section, and has been inspected and 

found free of quarantine pests. 

For the sake of consistency with those 

other sections of the regulations, in this 

final rule, we are requiring that each 

consignment of potatoes shipped from 

Mexico to the United States be 

accompanied by a phytosanitary 

certificate, issued by the NPPO of 

Mexico, that states that the potatoes 

have been produced in accordance with 

§ 319.56–66 and have been tested and 

inspected and found free of the 

quarantine pests listed in the 

introduction of the section. 

This change pertains merely to the 

statement on the phytosanitary 

certificate. It does not modify any of the 

other requirements of § 319.56–66. Nor 

does it affect a separate requirement that 

requires the phytosanitary certificate to 

specify the number of the packinghouse 

in which the potatoes were packed. As 

we mentioned earlier in this document, 

we consider that requirement to be 

necessary for the traceback procedures 

specified in the regulations to be 

effective. 

Therefore, for the reasons given in the 

proposed rule and in this document, we 

are adopting the proposed rule as a final 

rule, with the changes discussed in this 

document. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866 and, therefore, 

has not been reviewed by the Office of 

Management and Budget. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is 

summarized below. Copies of the full 

analysis are available on the 

Regulations.gov Web site (see footnote 1 

in this document for a link to 

Regulations.gov) or by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

This analysis examines the expected 

economic impact for U.S. small entities 

of a final rule that will allow the 

importation of potato tubers for 

consumption from Mexico into the 

United States. The Small Business 

Administration’s small-entity standard 

for U.S. farms that produce potato 

tubers is annual receipts of not more 

than $750,000. In 2007, the average 

market value of sales by the 15,014 U.S. 

farms that produced potatoes was about 

$222,000, well below the small-entity 

standard. 

In recent years, the United States has 

shifted from being a net importer to 

being a net exporter of fresh or chilled 

table potatoes. U.S. average annual 

domestic supply from 2008 to 2010 

(marketed production plus imports 

minus exports) was about 16.6 million 

metric tons (MT). Mexico’s average 

annual exports for the same years 

totaled about 1,500 MT. Even if all of 

Mexico’s exports were diverted to the 

United States as a result of this final 

rule, they would be equivalent to less 

than one-hundredth of 1 percent of U.S. 

domestic supply. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12988 

This final rule allows fresh potatoes 

for consumption to be imported into the 

United States from Mexico. State and 

local laws and regulations regarding 

potatoes imported under this rule will 

be preempted while the potatoes are in 

foreign commerce. Fresh potatoes 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. 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 final rule, 

which were filed under 0579–0413, 

have been submitted for approval to the 

Office of Management and Budget 

(OMB). When OMB notifies us of its 

decision, if approval is denied, we will 

publish a document in the Federal 

Register providing notice of what action 

we plan to take. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this rule, please contact 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 are amending 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. Section 319.56–66 is added to read 

as follows: 

§ 319.56–66 Potatoes from Mexico. 

Fresh potatoes (Solanum tuberosum 

L.) may be imported into the United 

States from Mexico only under the 

conditions described in this section. 

These conditions are designed to 

prevent the introduction of the 

following quarantine pests: Copitarsia 

decolora (Guene ́e), a moth; Epicaerus 

cognatus Sharp, potato weevil; 

Globodera rostochiensis, golden cyst 

nematode; Nacobbus aberrans (Thorne) 

Thorne & Allen, false root-knot 

nematode; Ralstonia solanacearum race 

3 biovar 2 (Smith) Yabuuchi et al., a 

bacterium that causes brown rot of 

potato; Rosellinia bunodes (Berk. & 

Broome) Sacc., a pathogenic fungus; R. 


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16656 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations 

pepo Pat., a pathogenic fungus; 

Synchytrium endobioticum (Schilb.) 

Percival, a pathogenic fungus that 

causes potato wart disease; and 

Thecaphora solani (Thirum. & M. 

O’Brien) Mordue, a pathogenic fungus 

that causes potato smut. 

(a) The national plant protection 

organization (NPPO) of Mexico must 

provide a bilateral workplan to APHIS 

that details the activities that the NPPO 

of Mexico will, subject to APHIS’ 

approval of the workplan, carry out to 

meet the requirements of this section. 

The bilateral workplan must include 

and describe the quarantine pest survey 

intervals and other specific 

requirements as set forth in this section. 

(b) The potatoes may be imported in 

commercial consignments only. 

(c) The potatoes must be produced by 

a grower who is registered in a 

certification program administered by 

the NPPO of Mexico. The program must 

require the producer to use only seed 

that has been certified by the NPPO of 

Mexico as free of R. solanacearum race 

3 biovar 2, R. bunodes, R. pepo, S. 

endobioticum, and T. solani to produce 

the potatoes. The program must also 

require the potatoes to be grown in an 

enclosed environment or alternatively 

must require the field in which the 

potatoes are grown to be surveyed for 

quarantine pests and tested for R. 

solanacearum race 3 biovar 2 at regular 

intervals in accordance with the 

bilateral workplan. 

(d) The potatoes must be packed for 

export in packinghouses that are 

registered with the NPPO of Mexico and 

to which the NPPO of Mexico has 

assigned a unique identifying number. 

(e) After harvest but prior to packing, 

the potatoes must be washed, cleaned of 

soil and debris, and treated with a 

sprout inhibitor in accordance with the 

bilateral workplan. 

(f) A biometric sample of potatoes 

must be taken from each consignment of 

potatoes destined for export to the 

United States in accordance with a 

protocol jointly agreed upon by APHIS 

and the NPPO of Mexico and specified 

within the bilateral workplan. The 

sample must be visually inspected for 

evidence of sprouting, as well as 

evidence of C. decolora, E. cognatus, N. 

aberrans, R. bunodes, R. pepo, and T. 

solani. A portion of the potatoes must 

then be cut open, inspected for evidence 

of E. cognatus, N. aberrans, R. 

solanacearum race 3 biovar 2, and T. 

solani, and submitted to a laboratory 

approved by the NPPO of Mexico for 

testing for R. solanacearum race 3 

biovar 2. Potatoes may not be shipped 

to the United States until the results of 

this testing are obtained. If any potatoes 

are found to be sprouting, or any 

evidence of these quarantine pests is 

found, or any potatoes have nonnegative test results for R. solanacearum 

race 3 biovar 2, the entire consignment 

of potatoes will be prohibited from 

importation into the United States. For 

purposes of this section, a potato is 

considered to be sprouting when it 

exhibits green sprouts, regardless of the 

degree of elongation of the sprout. 

(g) Each consignment of potatoes 

shipped from Mexico to the United 

States must be transported following 

inspection from the packinghouse to the 

port of first arrival into the United 

States in a means of conveyance sealed 

with an agricultural seal affixed by an 

individual authorized by the NPPO of 

Mexico to do so. If the seal is broken en 

route, an inspector at the port of first 

arrival will take remedial measures 

jointly agreed to by APHIS and the 

NPPO of Mexico and specified in the 

bilateral workplan. 

(h) Each consignment of potatoes 

shipped from Mexico to the United 

States must be accompanied by a 

phytosanitary certificate, issued by the 

NPPO of Mexico, that states that the 

potatoes have been produced in 

accordance with this section, and have 

been inspected and tested and found 

free of the quarantine pests listed in the 

introduction to this section. The 

phytosanitary certificate must also 

specify the number of the packinghouse 

in which the potatoes were packed. 

(i) If quarantine pests are discovered 

on potatoes from Mexico at a port of 

first arrival into the United States, the 

potatoes will be traced back to the 

packinghouse in which they were 

packed using the packinghouse number 

specified on the phytosanitary 

certificate. 

(1) The packinghouse must identify 

the grower from which the potatoes 

originated, and the grower must identify 

the place of production in which the 

potatoes were grown. That place of 

production will be suspended from the 

export program for potatoes to the 

United States for at least the remainder 

of the shipping season. The suspension 

will continue into subsequent shipping 

seasons until APHIS and the NPPO of 

Mexico jointly agree that the plant pest 

risk at the place of production is 

adequately mitigated. 

(2) If the grower is unable to identify 

the place of production in which the 

potatoes were grown, that grower will 

be suspended from the export program 

for potatoes to the United States for at 

least the remainder of the shipping 

season. The suspension will continue 

into subsequent shipping seasons until 

the APHIS and the NPPO of Mexico 

jointly agree that the plant pest risk at 

the grower is adequately mitigated. 

(3) If the packinghouse is unable to 

identify the grower from which the 

potatoes originated, that packinghouse 

will be suspended from the export 

program for potatoes to the United 

States for at least the remainder of the 

shipping season. The suspension will 

continue into subsequent shipping 

seasons until the APHIS and the NPPO 

of Mexico jointly agree that the plant 

pest risk at the packinghouse is 

adequately mitigated. 

(Approved by the Office of Management and 

Budget under control number 0579–0413) 

Done in Washington, DC, this 20th day of 

March 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–06619 Filed 3–25–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Part 381 

[Docket No. FSIS–2012–0019] 

RIN 0583–AD49 

Eligibility of the Republic of Korea To 

Export Poultry Products to the United 

States 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is amending 

the Federal poultry products inspection 

regulations to add the Republic of Korea 

(Korea) to the list of countries eligible to 

export poultry products to the United 

States. FSIS has reviewed Korea’s 

poultry laws, regulations, and 

inspection system, as implemented, and 

has determined that they are equivalent 

to the Poultry Products Inspection Act 

(PPIA), the regulations implementing 

this statute, and the U.S. food safety 

system for poultry. 

Under this final rule, slaughtered 

poultry or parts or other products 

thereof processed in certified Korean 

establishments will be eligible for 

export to the United States. All such 

products will be subject to re-inspection 

at United States ports of entry by FSIS 

inspectors. 

DATES: Effective Date: May 27, 2014. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Andreas Keller, Director, International 

Equivalence Staff, Office of Policy and 


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