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[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Rules and Regulations]
[Pages 75007-75011]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30532]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / 
Rules and Regulations

[[Page 75007]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

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

Importation of Sand Pears From China

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending the fruits and vegetables regulations to allow 
the importation of 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 will have to be produced in accordance with a systems approach 
that includes 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 may 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 will 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 will 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: Effective Date: January 18, 2013.

FOR FURTHER INFORMATION CONTACT: Dr. Farrell Wise, Supervisory 
Agriculturist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 
River Road Unit 133, Riverdale, MD 20737; (301) 851-2280.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-56, 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 regulations 
currently allow for the importation of both Ya pears (Pyrus 
bretschneideri) and fragrant pears (Pyrus sp. nr. communis) from China.
    The national plant protection organization (NPPO) of China 
requested that the Animal and Plant Health Inspection Service (APHIS) 
amend the regulations to allow sand pears \1\ (Pyrus pyrifolia) from 
China also to be imported into the United States.
---------------------------------------------------------------------------

    \1\ We previously referred to Pyrus pyrifolia as ``Chinese sand 
pear.'' However, we have discovered that the accepted international 
nomenclature for Pyrus pyrifolia is simply ``sand pear.'' Hence, 
throughout this document, we refer to Pyrus pyrifolia as sand pear.
---------------------------------------------------------------------------

    As part of our evaluation of China's request, we 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 evaluated the 
risks associated with the importation of sand pears into the United 
States from China, and identified 16 pests of quarantine significance 
present in China that could be introduced into the United States 
through the importation of sand pears. The PRA presented a number of 
potential options to mitigate the risks posed by these plant pests. 
Based on these options, we prepared a risk management document (RMD). 
The RMD recommended specific measures to mitigate these risks.
    Based on the recommendations of the RMD, on December 16, 2011, we 
published a proposed rule \2\ in the Federal Register (76 FR 78168-
78172, Docket No. APHIS-2011-0007) to authorize the importation of sand 
pears from China into the United States. We solicited comments 
concerning the proposed rule for 60 days ending February 14, 2012. We 
received five comments by that date. They were from the NPPO of China, 
a State department of agriculture, an organization representing State 
departments of agriculture, a technical committee representing the U.S. 
pear industry, and a private citizen. The comments we received are 
discussed below, by topic.
---------------------------------------------------------------------------

    \2\ To view the proposed rule, supporting documents, and the 
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0007.
---------------------------------------------------------------------------

Comments Regarding the Pest Risk Assessment

    The PRA identified the following pests of quarantine significance 
as being likely to follow the pathway on imported sand pears from 
China:
     Acrobasis pyrivorella, pear fruit moth.
     Alternaria gaisen Nagano, the cause of black spot of 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.
     Congothes 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, the cause of brown 
rot.
     Phenacoccus pergandei Cockerell, a mealybug.
     Planococcus kraunhiae (Kuwana), a mealybug.
     Venturia nashicola Tanaka & Yamamoto, pear scab fungus.
    One commenter stated that recent research conducted on diseases of 
Malus spp. has discovered that the

[[Page 75008]]

causal agent of apple and pear ring spot, which had long been 
considered to be G. pyricola (Nose) W. Yamamoto, is in fact 
Botryosphaeria dothidea. The commenter pointed out that B. dothidea is 
widely prevalent in the United States, and stated that it thus should 
not be considered a pest of quarantine significance. The commenter also 
stated that, based on this research, G. pyricola should not be 
considered a pest of quarantine significance for sand pears from China. 
The commenter cited a peer-reviewed article \3\ (referred to below as 
Tang et al.) detailing the research that had been conducted.
---------------------------------------------------------------------------

    \3\ Tang et al., ``Phylogenetic and pathogenic analyses show 
that the causal agent of apple ring rot in China is Botryosphaeria 
dothidea,'' Plant Disease 4 (April 2012), 486-497.
---------------------------------------------------------------------------

    We agree that Tang et al. provides evidence in support of B. 
dothidea being a causal agent of apple ring spot. However, we do not 
consider this evidence sufficient to remove G. pyricola from the list 
of pests of quarantine significance for sand pears from China. The 
research detailed in Tang et al. appears to have focused primarily on 
Malus spp. Researchers included only a few fungi of Pyrus spp. for 
evaluation, and the discussion section of Tang et al. refers 
exclusively to fungi isolated from Malus spp. It is even unclear 
whether B. dothidea was the only Botryosphaeria species that 
researchers isolated from Pyrus spp.
    The scope and nature of the research conducted on Pyrus spp. is 
unclear in Tang et al. In order for us to consider removing G. pyricola 
from the list of pests of quarantine significance for sand pears from 
China, Tang et al. would have to specify that the research conducted on 
Malus spp. is directly applicable to Pyrus spp. It does not do so; 
hence we continue to consider G. pyricola a pest of quarantine 
significance for sand pears from China.
    Another commenter stated that the list of pests of quarantine 
significance for sand pears from China should be expanded to include 
two additional pests, Alternaria yaliinficiens, a phytopathogenic 
fungus, and Monilia polystroma, the cause of Asiatic brown rot. The 
commenter pointed out that A. yaliinficiens is frequently detected on 
Ya pears in China, and M. polystroma, a well-documented pest of sand 
pears, is known to exist in China.
    We have been able to find no evidence suggesting that sand pears 
are a host of A. yaliinficiens, and the commenter did not provide any 
references on this subject. Ya pears are Pyrus bretschneideri, a 
separate species from sand pears.
    We agree that M. polystroma is known to exist in China, and sand 
pears are a known host of this pest. However, to date, M. polystroma 
has only been detected in Heilongjiang province. This province does not 
produce sand pears for export and is geographically isolated from the 
provinces in China that account for the bulk of pear exports from 
China, Hebei and Shandong. There is, moreover, no evidence of 
artificial spread of M. polystroma within China. For these reasons, at 
this time, we do not consider M. polystroma likely to follow the 
pathway of sand pears imported from China. We will, however, continue 
to monitor the presence of M. polystroma in China and, if necessary, 
take appropriate action to prevent its introduction.
    A commenter asked that the PRA be updated to include a list of all 
pests of quarantine significance that have been detected on sand pears 
from China exported to other countries.
    Foreign countries are free to designate plant pests as being of 
quarantine significance, without reference to the designations of other 
countries. Thus, there is no guarantee that a foreign country's pest 
list for sand pears is equivalent to our own. Moreover, foreign 
countries' conditions for importation of fruits and vegetables often 
vary significantly from those of the United States. Accordingly, a 
foreign country's pest interception data for a particular commodity 
should not be considered a reliable predictor of possible pest 
interceptions for that same commodity at ports of entry within the 
United States. We are therefore not amending the PRA in the manner 
requested by the commenter.
    The same commenter pointed out that the PRA contained a list of 
pest interceptions on Ya and fragrant pears from China imported into 
the United States between 1995 and 2009, but this list did not include 
information for 2010 or 2011. The commenter also pointed out that the 
list did not group detections based on the port of entry at which the 
pest was detected. The commenter asked that the list be updated to 
include information through 2011 and to sort this information by port 
of entry.
    We do not consider such updates to be necessary. Interceptions in 
2010 and 2011 do not disclose any additional pests of quarantine 
significance that had not previously been detected on the pears. 
Moreover, the list was provided in order to illustrate the starting 
point from which we conducted our evaluation of the pests of quarantine 
significance that could follow the pathway on sand pears from China 
imported into the United States. Hence, changing the scope of the list 
or its presentation would not alter the results of our evaluation.

Comments Regarding the Proposed Rule

    One commenter stated that, based on the number of pests of 
quarantine significance likely to follow the pathway on sand pears 
imported into the United States from China, the plant pest risk 
associated with the importation of sand pears from China was 
significant, and we should therefore not authorize such importation.
    Similarly, two commenters stated that the proposed conditions for 
importation of sand pears from China in the proposed rule did not take 
into consideration the unique climate of Florida, which the commenters 
asserted is more conducive to the establishment of fruit flies than 
that of other States. The commenters pointed out that imported fruit 
containing dead fruit fly larvae had been discovered in Florida, and 
stated that these detections call into question the efficacy of APHIS' 
systems approaches for these pests.
    We agree that there are many pests on the pest list for sand pears 
from China, and one of these, B. dorsalis, could become established in 
Florida, if introduced. However, for the reasons described in the RMD 
that accompanied the proposed rule, we have determined that the 
measures specified in the proposed rule will effectively mitigate the 
risk associated with the importation of sand pears from China into any 
area of the United States. The commenters did not provide any evidence 
suggesting that the mitigations are not effective.
    To that end, we note that the discovery of dead larvae in imported 
fruit does not call into question the efficacy of the systems 
approaches under which the fruit has been imported. Rather, it suggests 
the systems approaches have been effective in neutralizing the larvae.
    A commenter asked whether the proposed rule had provisions that 
would address the risk that V. nashicola or M. fructigena would follow 
the pathway on sand pears from China.
    As detailed in the RMD that accompanied the proposed rule, there 
are several provisions of the proposed rule that address the risk posed 
by phytopathogenic fungi such as V. nashicola and M. fructigena. These 
include: Registration of places of production and packinghouses with 
the NPPO of China, inspections for quarantine pests at set intervals, 
bagging of fruit, safeguarding, labeling, and importation in commercial 
consignments.

[[Page 75009]]

    One commenter stated that fertility management, that is, the use of 
nutrient-rich soil composed primarily of decaying organic matter, has 
been demonstrated to be effective in reducing population densities of 
certain plant pests on host plants. The commenter suggested that 
fertility management be explored as an alternative to the systems 
approach of the proposed rule, or, at least, certain provisions of that 
approach.
    APHIS will continue to monitor the efficacy of this and other 
possible mitigation measures for sand pears from China. If we determine 
alternate measures to be effective in reducing the risk associated with 
the importation of sand pears from China, we may initiate rulemaking to 
add them to the regulations.
    In the proposed rule, we proposed to require all sand pears 
imported into the United States from China to be grown at places of 
production that are registered with the NPPO of China. We also proposed 
that the NPPO of China would have to inspect registered places of 
production prior to harvest for signs of infestations and allow APHIS 
to monitor the inspections. Finally, we proposed that, if any of the 
pests of quarantine significance likely to follow the pathway on sand 
pears from China were detected at a registered place of production, we 
could reject individual consignments from that place of production or 
prohibit the importation of sand pears from the place of production for 
the remainder of the season.
    The NPPO of China stated that it had entered into a memorandum of 
understanding (MOU) with APHIS regarding inspections of sand pears that 
would take place at ports of entry in the United States if the proposed 
rule was finalized. The NPPO stated that it was their understanding 
that these port-of-entry inspections obviated pre-harvest inspections 
of registered places of production. Accordingly, the NPPO asked that we 
modify the proposed rule to remove references to such pre-harvest 
inspections.
    We are making no change in response to this comment. The MOU 
referenced by the NPPO pertains to general inspections of imported 
fruits and vegetables that APHIS conducts in accordance with Sec.  
319.56-3 of the regulations. As specified in the MOU, such inspections 
are meant to complement, rather than supplant, the provisions of the 
proposed rule, including pre-harvest inspections of registered places 
of production. Moreover, we note that such pre-harvest inspections are 
necessary not only to prevent infested fruit from being imported to the 
United States, but also so that APHIS has assurances that places of 
production have implemented and are maintaining all provisions of the 
proposed rule that pertain to them, such as bagging of sand pears 
destined for export to the United States.

Miscellaneous

    In our December 2011 proposed rule, proposed paragraph (f)(1) of 
Sec.  319.56-55 contained minimum requirements for the trapping systems 
that places of production and packinghouses would need to have in place 
for B. dorsalis in order to export sand pears from areas in China south 
of the 33rd parallel to the United States. Additionally, proposed 
paragraph (f)(4) proposed to require pears from such areas to be 
treated in accordance with 7 CFR part 305, which contains our 
requirements governing approved treatments of imported commodities.
    Since the proposed rule was issued, we have adopted a general 
Agency policy of adding minimum trapping requirements to operational 
workplans. Among other reasons, this allows us to change the frequency 
and distance at which traps must be placed in response to changes in 
population densities for B. dorsalis in an exporting region. We have 
also begun to add standards for application of treatments to 
operational workplans; among other reasons, this allows us to prescribe 
in greater detail best practices for the application of various 
treatments.
    Hence, in this final rule, we are amending paragraph (f)(1) to 
specify that the trapping systems must meet the requirements of the 
operational workplan, and (f)(3) to specify the treatments must be 
applied in accordance with not only 7 CFR part 305 but also the 
operational workplan.
    In the proposed rule, we proposed to add the conditions governing 
the importation of sand pears from China as Sec.  319.56-55. In this 
final rule, they are added as Sec.  319.56-57.
    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 
change 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 5 U.S.C. 604, we have performed a final 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this rule on small entities. Copies of the full 
analysis are available on the Regulations.gov Web site (see footnote 2 
in this document for a link to Regulations.gov) or by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT.
    This rule will amend the regulations to allow, under certain 
conditions, the importation into the United States of sand pear from 
China. This fruit is produced in the United States in limited 
quantities, primarily in Illinois, Virginia, West Virginia, and 
Maryland.
    Farms producing pears are classified within the North American 
Industry Classification System under Other Noncitrus Fruit Farming. The 
average 2007 market value of crops sold by farms classified within the 
industry Fruit and Tree Nut Farming (which includes Other Noncitrus 
Fruit Farming) was less than $188,000, an amount well below the Small 
Business Administration's small-entity standard of annual receipts of 
not more than $750,000. We infer that the majority of farms producing 
pears, including sand pears, are small entities.
    China is expecting to export 24,000 metric tons of sand pear 
annually to the United States. This amount is less than 5 percent of 
average annual production of all varieties of pear produced in the 
United States. We do not know the quantity or value of sand pear 
produced in the United States, or the quantity or value of sand pear 
imported from other countries. Nor do we know the substitutability of 
sand pear for other types of pears produced domestically. While the 
United States is a net exporter of pears overall, it is likely that the 
U.S. supply of sand pear is largely imported. Without information on 
the domestic and foreign quantities supplied and the substitutability 
of sand pear for other pear varieties, we are unable to evaluate 
potential effects of the rule for U.S. producers.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Preempts all State and local laws 
and regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the

[[Page 75010]]

Office of Management and Budget (OMB) under OMB control number 0579-
0390.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the EGovernment 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.

Lists 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

0
1. The authority citation for part 319 continues to read as follows:

    Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 
and 136a; 7 CFR 2.22, 2.80, and 371.3.

0
2. A new Sec.  319.56-57 is added to read as follows:

Sec.  319.56-57  Sand pears from China.

    Fresh 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, the cause of black spot of sand 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, the cause of 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 that enter the packinghouse destined for export 
to the United States 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 sand pears from areas of China south 
of the 33rd parallel. In addition to the conditions in paragraphs (a) 
through (e) of this section, 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 requirements 
of the operational work plan.
    (2) The place of production or the packinghouse must retain data 
regarding the number and location of the traps, as

[[Page 75011]]

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 and 
the operational workplan.

(Approved by the Office of Management and Budget under control 
number 0579-0390.)

    Done in Washington, DC, this 13th day of December 2012.
 Kevin Shea,
 Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-30532 Filed 12-18-12; 8:45 am]
BILLING CODE 3410-34-P
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