41930 Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Proposed Rules 

[FR Doc. 2014–16949 Filed 7–17–14; 8:45 am] 

BILLING CODE 6325–38–P 

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. 

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/#!docket

Detail;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 

Ro ̈ 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 (Millie`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 § 319.56–69 

governing the importation of apples 

from China. 

Proposed Systems Approach 

General Requirements 

Paragraph (a) of § 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 § 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 

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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Proposed Rules 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 § 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 § 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 § 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 § 319.56–69 

would set forth shipping requirements 

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41932 Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Proposed Rules 

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 § 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 § 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 

§ 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, § 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 

§ 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 

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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Proposed Rules 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 

■ 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 319.56–69 is added to read 

as follows: 

§ 319.56–69 Apples from China. 

Fresh apples (Malus pumila) from 

China may be imported into the 

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41934 Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Proposed Rules 

1To view the proposed rule, supporting 

documents, and the comments we received, go to 

http://www.regulations.gov/#!docketDetail;D=

APHIS-2006-0124. 

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 

Ro ̈ 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 (Millie`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, doublelayered 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 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 340 

[Docket No. APHIS–2006–0124] 

RIN 0579–AC08 

Sharing Certain Business Information 

Regarding the Introduction of 

Genetically Engineered Organisms 

With State and Tribal Government 

Agencies 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: We are withdrawing a 

proposed rule that would have amended 

the regulations regarding genetically 

engineered organisms regulated by the 

United States Department of Agriculture 

by adding provisions for sharing certain 

business information with State and 

Tribal government agencies. We have 

decided to withdraw the proposed rule 

to ensure that our ability to protect 

confidential business information from 

disclosure is maintained. 

DATES: The proposed rule published on 

February 27, 2013 (78 FR 13286–13294) 

is withdrawn, as of July 18, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Chessa Huff-Woodard, Biotechnology 

Regulatory Services, APHIS, 4700 River 

Road Unit 146, Riverdale, MD 20737– 

1236; (301) 851–3943. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 27, 2013, the Animal and 

Plant Health Inspection Service (APHIS) 

published in the Federal Register a 

proposal 1 (78 FR 13286–13294, Docket 

No. APHIS–2006–0124) to amend the 

regulations to share certain confidential 

business information (CBI) with State 

and Tribal regulatory officials. APHIS 

proposed to share certain CBI contained 

in permit applications and notifications 

mstockstill on DSK4VPTVN1PROD with PROPOSALS