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.

Proposed Rules Federal Register

78168 

Vol. 76, No. 242 

Friday, December 16, 2011 

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. 

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 § 319.56–29 of the 

regulations; those for fragrant pears are 

found in § 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 (Guene ́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 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Proposed Rules 78169 

1See ‘‘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. 

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 § 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. 

Proposed Systems Approach 

General Requirements 

Paragraph (a) of § 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 § 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 § 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 § 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 


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78170 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Proposed Rules 

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 § 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 § 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 § 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 § 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 § 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 

§ 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 § 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, § 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/ 


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Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Proposed Rules 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 § 319.56–55 is added to read 

as follows: 

§ 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 


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78172 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Proposed Rules 

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 

(Guene ́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 pestexclusionary 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 APHISapproved 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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