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[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Proposed Rules]
[Pages 78168-78172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32320]

========================================================================
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.

========================================================================


Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / 
Proposed Rules

[[Page 78168]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2011-0007]
RIN 0579-AD42

Importation of Chinese Sand Pears From China

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the fruits and vegetables 
regulations to allow the importation of Chinese sand pears (Pyrus 
pyrifolia) from China into the United States. As a condition of entry, 
sand pears 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, sourcing of 
pest-free propagative material, 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. Sand pears from areas in China in which Oriental fruit 
fly is known to exist could be imported into the United States if, in 
addition to these requirements, the places of production and 
packinghouses have a monitoring system in place for Oriental fruit fly 
and the pears are treated with cold treatment. All sand pears 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 pears have been met and that the consignment 
of pears has been inspected and found free of quarantine pests. This 
action would allow for the importation of sand pears from China into 
the 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 
February 14, 2012.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0007-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2011-0007, 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-2011-
0007 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) 690-2817 before coming.

FOR FURTHER INFORMATION CONTACT: Mrs. Donna L. West, Senior Import 
Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 
River Road, Unit 133, Riverdale, MD 20737-1231; (301) 734-0627.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-54, 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 regulations currently allow for the importation of both Ya 
pears (Pyrus bretschneideri) and fragrant pears (Pyrus sp. nr. 
communis) from China. The conditions for importation of Ya pears are 
found in Sec.  319.56-29 of the regulations; those for fragrant pears 
are found in Sec.  319.56-39 of the regulations.
    The national plant protection organization (NPPO) of China has 
requested that the Animal and Plant Health Inspection Service (APHIS) 
amend the regulations to also allow Chinese sand pears (Pyrus 
pyrifolia) from China to be imported into the United States.
    As part of our evaluation of China's request, we have prepared a 
pest risk assessment (PRA), titled ``Importation of Fresh Fruit of 
Chinese Sand Pear, Pyrus pyrifolia, from China, including the Special 
Administrative Regions of Hong Kong and Macau, into the Entire United 
States, Including all Territories'' (July 2009). The PRA evaluates the 
risks associated with the importation of Chinese sand pears into the 
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 16 pests of quarantine significance present in 
China that could be introduced into the United States through the 
importation of Chinese sand pears:
     Acrobasis pyrivorella, pear fruit moth.
     Alternaria gaisen Nagano, black spot of Japanese pear.
     Amphitetranychus viennensis (Zacher), Hawthorn spider 
mite.
     Aphanostigma iaksuiense (Kishida), an aphid.
     Bactrocera dorsalis, Oriental fruit fly.
     Caleptrimerus neimongolensis Kuang and Geng, a mite.
     Carposina sasakii Matsumora, peach fruit moth.
     Ceroplastes japonicus Green, Japanese wax scale.
     Ceroplastes rubens Maskell, red wax scale.
     Conogothes punctiferalis (Guen[eacute]e), yellow peach 
moth.
     Grapholita inopinata, Manchurian fruit moth.
     Guignardia pyricola (Nose) W. Yamamoto, a phytopathogenic 
fungus.
     Monilinia fructigena Honey in Whetzel, brown fruit rot.
     Phenacoccus pergandei Cockerell, a mealybug.
     Planococcus kraunhiae (Kuwana), a mealybug.
     Venturia nashicola Tanaka & Yamamoto, pear scab fungus.
    The PRA states that measures beyond standard port-of-entry 
inspection are required to mitigate the risks posed by

[[Page 78169]]

these plant pests, and provides a number of potential options for such 
measures. After consideration of these 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 Chinese sand pears from China into the United States 
only if they are produced in accordance with a systems approach; we are 
proposing to add the systems approach to the regulations in a new Sec.  
319.56-55 governing the importation of Chinese sand pears from China.
    Most of the pests identified by the PRA as being likely to follow 
the pathway of Chinese sand pears from China were previously identified 
as likely to follow the pathway of Ya pears or fragrant pears from 
China. Moreover, since we authorized the importation of Ya pears and 
fragrant pears from China into the United States, none of the 
quarantine pests identified for those commodities has been detected 
during inspections of the pears at ports of first arrival in the United 
States. The absence of detections over a prolonged period of time--more 
than 5 years for both Ya pears and fragrant pears--demonstrates the 
efficacy of the mitigation measures in place for the importation of Ya 
pears and fragrant pears from China. Hence, many of the mitigation 
measures in the systems approach would be modeled on existing measures 
for the importation of Ya pears or fragrant pears from China.
    There would, however, be one significant difference. Whereas we 
limit the origin of Ya pears and fragrant pears grown for export to the 
United States to areas within China in which Oriental fruit fly is not 
known to exist and could not survive (areas north of the 33rd 
parallel), we would authorize the importation into the United States of 
Chinese sand pears grown in any area of China, including areas south of 
the 33rd parallel.\1\ Pears grown in areas south of the 33rd parallel 
would, however, be subject to additional mitigation measures necessary 
to address the risk posed by the Oriental fruit fly.
---------------------------------------------------------------------------

    \1\ See ``Risk Management Document: Removal of fruit fly 
trappings and cold treatment requirement for importation of Ya Pear 
(Pyrus x bretschneideri) fruit from China into the United States 
(June 15, 2007),'' pages 2-6. Available at http://www.regulations.gov/#!documentDetail;D=APHIS-2007-0116-0002.
---------------------------------------------------------------------------

Proposed Systems Approach

General Requirements

    Paragraph (a) of Sec.  319.56-55 would set out general requirements 
for the NPPO of China and for growers and packers producing sand pears 
for export to the United States.
    Paragraph (a)(1) of Sec.  319.56-55 would require the NPPO of China 
to provide an operational workplan to APHIS that details the activities 
that the NPPO will, subject to APHIS' approval of the workplan, carry 
out to meet the requirements of proposed Sec.  319.56-55. 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 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 pears to be grown in places of 
production that are registered with the NPPO of China.
    Paragraph (a)(3) would require the pears to be packed for export to 
the United States in pest-exclusionary packinghouses that are 
registered with the NPPO of China.
    Paragraph (a)(4) would state that sand pears 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. We currently require both Ya 
pears and fragrant pears from China to be imported in commercial 
consignments as a mitigation measure against the quarantine pests 
associated with these species of pear.

Place of Production Requirements

    Our systems approach would require certain measures to take place 
at the registered places of production. Proposed paragraph (b) of Sec.  
319.56-55 would contain these measures.
    Paragraph (b)(1) would require all propagative material entering a 
registered place of production to be tested and certified by the NPPO 
of China as being free of quarantine pests. Propagative material that 
is not tested and certified presents a risk of introducing quarantine 
pests into a place of production; since several of the quarantine 
pathogens have latency periods, this is true even if the material 
appears asymptomatic.
    Paragraph (b)(2) 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, safeguarding of trees, or application of pesticides and 
fungicides.
    Paragraph (b)(3) would state that, when any sand pears destined for 
export to the United States are still on the tree and are no more than 
2.5 centimeters in diameter, double-layered paper bags must be placed 
wholly over the pears. The bags would have to remain intact and on the 
pears until the pears arrive at the packinghouse. This bagging 
protocol, which is modeled on a similar requirement for Ya pears from 
China, helps protect the pears against the quarantine moths and fungi.
    Paragraph (b)(4) would require the NPPO of China to visit and 
inspect registered places of production prior to harvest for signs of 
infestations and would allow APHIS to monitor the inspections. The NPPO 
would also have to provide records of pest detections and pest 
detection practices to APHIS, and APHIS would have to approve these 
practices. This provision is modeled on an existing provision for the 
importation of fragrant 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

[[Page 78170]]

specified for it under the operational workplan.
    Paragraph (b)(5) would state that, if any of the listed quarantine 
pests is detected at a registered place of production, APHIS could 
reject the consignment or prohibit the importation into the United 
States of sand pears from the place of production for the remainder of 
the season. The exportation to the United States of sand pears from the 
place of production could resume in the next growing season if an 
investigation is conducted and APHIS and the NPPO conclude that 
appropriate remedial action has been taken.

Packinghouse Requirements

    Paragraph (c) of Sec.  319.56-55 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 sand pears for export to the 
United States, the packinghouses may only accept sand pears that are 
from registered places of production and that are produced in 
accordance with the requirements of proposed Sec.  319.56-55. Pears 
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 sand pears destined for export 
to the United States that enter the packinghouse 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 pears, 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 require the NPPO of China or officials 
authorized by the NPPO to inspect the pears at the packinghouses for 
signs of pest infestation and would allow APHIS to monitor the 
inspections. If any of the listed quarantine pests is detected in a 
consignment at the packinghouse, APHIS may reject the consignment.
    Paragraph (c)(4) would state that, following the inspection, the 
packinghouse must follow a handling procedure for the pears that is 
mutually agreed upon by APHIS and the NPPO of China. Handling 
procedures could include such measures as culling damaged pears, 
removing leaves off of the pears, wiping the pears with a clean cloth, 
air blasting, or grading.
    Paragraph (c)(5) would require the sand pears 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 pears 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.
    Paragraph (c)(6) would require the cartons to be placed in insect-
proof containers, and the containers to be sealed. It would also 
require the containers to be safeguarded during transport to the United 
States in a manner that will prevent pest infestation. These 
requirements preclude introduction of pests while the pears are in 
transit from the packinghouse to the port of export, and from the port 
of export to the United States.

Shipping Requirements

    Proposed paragraph (d) of Sec.  319.56-55 would set forth shipping 
requirements for sand pears from China. It would require sealed 
containers of sand pears destined for export to the United States to be 
held in a cold storage facility while awaiting export. This would help 
to prevent pest infestation of packed pears, as certain of the 
quarantine pests for Chinese sand pears from China are averse to cold 
conditions.

Phytosanitary Certificate

    Paragraph (e) of Sec.  319.56-55 would require each consignment of 
sand pears imported from China into the United States to be accompanied 
by a phytosanitary certificate issued by the NPPO of China with an 
additional declaration stating that the requirements of Sec.  319.56-55 
have been met and the consignment has been inspected and found free of 
quarantine pests.

Additional Conditions for Sand Pears From Areas of China South of the 
33rd Parallel

    The mitigation measures contained in proposed paragraphs (a) 
through (e) of Sec.  319.56-55 would apply to all Chinese sand pears 
imported into the 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, Chinese sand pears from such areas 
would be subject to additional mitigation measures designed to prevent 
infested pears from being exported to the United States. Proposed 
paragraph (f) of Sec.  319.56-55 would contain these additional 
mitigations.
    Paragraph (f)(1) would require the place of production of the pears 
and the packinghouse in which they are packed have a trapping system in 
place for the Oriental fruit fly. At a minimum, the trapping system 
would have to meet the following requirements:
     All traps would have to use an APHIS-approved lure.
     At least one trap per square kilometer would have to be 
placed in the place of production or packinghouse.
     Traps would have to be placed in the area with a 2-
kilometer radius that surrounds the place of production or packinghouse 
at a rate of one trap per square kilometer.
     Traps would have to be serviced every 2 weeks.
    Paragraph (f)(2) would require the place of production or the 
packinghouse to retain data regarding the number and location of the 
traps, as well as any pests other than Oriental fruit fly that have 
been caught, and make this information available to APHIS upon request.
    Paragraph (f)(3) would require the place of production or the 
packinghouse to notify the NPPO of China, and the NPPO of China to 
notify APHIS, regarding the detection of a single Oriental fruit fly in 
a place of production, packinghouse, or surrounding area within 48 
hours of the detection. If a single Oriental fruit fly is detected in a 
registered place of production, APHIS would prohibit the importation 
into the United States of sand pears from the place of production until 
any mitigation measures determined by APHIS to be necessary to prevent 
future infestations are taken. Likewise, if a single Oriental fruit fly 
is detected in a registered packinghouse, the packinghouse could not be 
used to pack sand pears for export to the United States until any 
mitigation measures determined by APHIS to be necessary to prevent 
future infestations are taken. Mitigation measures that we may require 
a place of production or packinghouse to take include increasing trap 
density or treating the entire place of production or packinghouse with 
an APHIS-approved insecticidal spray.
    Paragraph (f)(4) would require the pears to be treated in 
accordance with 7 CFR part 305. Within part 305, Sec.  305.2 provides 
that approved treatment schedules are set out in the PPQ Treatment 
Manual, found online at http://www.aphis.usda.gov/import--export/
plants/manuals/ports/

[[Page 78171]]

downloads/treatment.pdf. (The manual specifies that cold treatment 
schedule T107 is effective in neutralizing Oriental fruit fly on sand 
pears.)

Executive Order 12866 and the 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 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis regarding the economic effects of this 
proposed rule on small entities. The economic analysis examines pear 
production in the United States and the amount of Chinese sand pears 
likely to be imported from China into the United States if this 
proposed rule is finalized. It identifies U.S. pear producers as the 
small entities most likely to be impacted by the provisions of the 
proposed rule, and requests public comment regarding the cost of the 
rule to such 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).

Executive Order 12988

    This proposed rule would allow Chinese sand pears to be imported 
into the United States from China. If this proposed rule is adopted, 
State and local laws and regulations regarding sand pears imported 
under this rule would be preempted while the fruit is in foreign 
commerce. Fresh sand pears 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-
2011-0007. Please send a copy of your comments to: (1) Docket No. 
APHIS-2011-0007, 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.
    We are proposing to amend the fruits and vegetables regulations to 
allow the importation of sand pears from China into the United States. 
As a condition of entry, sand pears from China would have to be 
produced in accordance with a systems approach that would include 
requirements for registration and monitoring of places of production 
and packinghouses; sourcing of all propagative material that enters the 
place of production; orchard sanitation; inspection for quarantine 
pests at set intervals by the national plant protection organization of 
China; bagging of fruit; safeguarding; labeling; and importation of the 
sand pears in commercial consignments. Implementation of this proposed 
rule would require persons to fill out various forms and documents. 
These include: Phytosanitary certificates, workplans, registration and 
inspection forms, and labels.
    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 0.62595 hours per response.
    Respondents: The NPPO of China, importers of Chinese sand pears.
    Estimated annual number of respondents: 28.
    Estimated annual number of responses per respondent: 4.67857.
    Estimated annual number of responses: 131.
    Estimated total annual burden on respondents: 82 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 are proposing 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.  319.56-55 is added to read as follows:

Sec.  319.56-55  Chinese sand pears from China.

    Fresh Chinese sand pears (Pyrus pyrifolia) from China may be 
imported into the 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: Acrobasis pyrivorella, 
pear fruit moth; Alternaria gaisen Nagano, black spot of Japanese pear; 
Amphitetranychus viennensis (Zacher), Hawthorn spider mite; 
Aphanostigma iaksuiense (Kishida), an

[[Page 78172]]

aphid; Bactrocera dorsalis, Oriental fruit fly; Caleptrimerus 
neimongolensis Kuang and Geng, a mite; Carposina sasakii Matsumora, 
peach fruit moth; Ceroplastes japonicus Green, Japanese wax scale; 
Ceroplastes rubens Maskell, red wax scale; Conogothes punctiferalis 
(Guen[eacute]e), yellow peach moth; Grapholita inopinata, Manchurian 
fruit moth; Guignardia pyricola (Nose) W. Yamamoto, a phytopathogenic 
fungus; Monilinia fructigena Honey in Whetzel, brown fruit rot; 
Phenacoccus pergandei Cockerell, a mealybug; Planococcus kraunhiae 
(Kuwana), a mealybug; and Venturia nashicola Tanaka and Yamamoto, pear 
scab fungus. The conditions for importation of all fresh sand pears 
from China are found in paragraphs (a) through (e) of this section; 
additional conditions for sand pears 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 pears must be grown at places of production that are 
registered with the NPPO of China.
    (3) The pears must be packed for export to the United States in 
pest-exclusionary packinghouses that are registered with the NPPO of 
China.
    (4) Sand pears from China may be imported in commercial 
consignments only.
    (b) Place of production requirements.
    (1) All propagative material entering a registered place of 
production must be tested and certified by the NPPO of China as being 
free of quarantine pests.
    (2) The place of production must carry out any phytosanitary 
measures specified for the place of production under the operational 
workplan.
    (3) When any sand pears destined for export to the United States 
are still on the tree and are no more than 2.5 centimeters in diameter, 
double-layered paper bags must be placed wholly over the pears. The 
bags must remain intact and on the pears until the pears arrive at the 
packinghouse.
    (4) The NPPO of China must visit and inspect registered places of 
production prior to harvest for signs of infestations and allow APHIS 
to monitor the inspections. The NPPO must provide records of pest 
detections and pest detection practices to APHIS, and APHIS must 
approve these practices.
    (5) If any of the quarantine pests listed in the introductory text 
of this section is detected at a registered place of production, APHIS 
may reject the consignment or prohibit the importation into the United 
States of sand pears from the place of production for the remainder of 
the season. The exportation to the United States of sand pears from the 
place of production may resume in the next growing season if an 
investigation is conducted and APHIS and the NPPO conclude that 
appropriate remedial action has been taken.
    (c) Packinghouse requirements.
    (1) During the time registered packinghouses are in use for packing 
sand pears for export to the United States, the packinghouses may only 
accept sand pears 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 sand pears destined for export to the United States that 
enter the packinghouse back to their place of production.
    (3) The NPPO of China or officials authorized by the NPPO must 
inspect the pears for signs of pest infestation and allow APHIS to 
monitor the inspections. If any of the quarantine pests listed in the 
introductory text of this section is detected in a consignment at the 
packinghouse, APHIS may reject the consignment.
    (4) Following the inspection, the packinghouse must follow a 
handling procedure for the pears that is mutually agreed upon by APHIS 
and the NPPO of China.
    (5) The pears must be packed in cartons that are labeled with the 
identity of the place of production and the packinghouse.
    (6) The cartons must be placed in insect-proof containers, and the 
containers sealed. The containers of sand pears must be safeguarded 
during transport to the United States in a manner that will prevent 
pest infestation.
    (d) Shipping requirements. Sealed containers of sand pears destined 
for export to the United States must be held in a cold storage facility 
while awaiting export.
    (e) Phytosanitary certificate. Each consignment of sand pears 
imported from China into the 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 and found free of 
quarantine pests.
    (f) Additional conditions for Chinese sand pears from areas of 
China south of the 33rd parallel. In addition to the conditions in 
paragraphs (a) through (e) of this section, Chinese sand pears from 
areas of China south of the 33rd parallel must meet the following 
conditions for importation into the United States:
    (1) The place of production of the pears and the packinghouse in 
which they are packed must have a trapping system in place for B. 
dorsalis. At a minimum, the trapping system must meet the following 
requirements:
    (i) All traps must use an APHIS-approved lure.
    (ii) At least one trap per square kilometer must be placed in the 
place of production or packinghouse.
    (iii) Traps must be placed in the area with a 2-kilometer radius 
that surrounds the place of production or packinghouse at a rate of one 
trap per square kilometer.
    (iv) Traps must be serviced every 2 weeks.
    (2) The place of production or the packinghouse must retain data 
regarding the number and location of the traps, as well as any pests 
other than B. dorsalis that have been caught, and make this information 
available to APHIS upon request.
    (3)(i) The place of production or packinghouse must notify the NPPO 
of China, and the NPPO of China must notify APHIS, regarding the 
detection of a single B. dorsalis in a place of production, 
packinghouse, or surrounding area within 48 hours of the detection.
    (ii) If a single B. dorsalis is detected in a registered place of 
production, APHIS will prohibit the importation into the United States 
of sand pears from the place of production until any mitigation 
measures determined by APHIS to be necessary to prevent future 
infestations are taken.
    (iii) If a single B. dorsalis is detected in a registered 
packinghouse, the packinghouse may not be used to pack sand pears for 
export to the United States until any mitigation measures determined by 
APHIS to be necessary to prevent future infestations are taken.
    (4) The pears must be treated in accordance with 7 CFR part 305.

    Done in Washington, DC, this 12th day of December 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-32320 Filed 12-15-11; 8:45 am]
BILLING CODE 3410-34-P
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