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

6222 

Vol. 78, No. 20 

Wednesday, January 30, 2013 

1 ‘‘Host status of ‘Hass’ avocados to 

Mediterranean fruit fly, Ceratitis capitata 

(Wiedemann) and the South American fruit fly, 

Anastrepha fraterculus (Wiedemann).’’ Commodity 

Import Evaluation Document. December 2010. 

United States Department of Agriculture, Animal 

and Plant Health Inspection Service, Plant 

Protection and Quarantine, Regulations, Permits 

and Manuals, Regulatory Coordination and 

Compliance, Riverdale, MD. 8pp. Available at 

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

APHIS-2010-0127-0002. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2012–0002] 

RIN 0579–AD63 

Importation of Avocados From 

Continental Spain 

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 avocados from 

continental Spain (excluding the 

Balaeric Islands and Canary Islands) 

into the United States. As a condition of 

entry, avocados from Spain would have 

to be produced in accordance with a 

systems approach that would include 

requirements for importation in 

commercial consignments; registration 

and monitoring of places of production 

and packinghouses; grove sanitation; 

and inspection for quarantine pests by 

the national plant protection 

organization of Spain. Consignments of 

avocados other than the Hass variety 

would also have to be treated for the 

Mediterranean fruit fly either prior to 

moving to the United States or upon 

arrival prior to release. Consignments 

would also be required to be 

accompanied by a phytosanitary 

certificate with an additional 

declaration stating that the avocados 

were grown and inspected and found to 

be free of pests in accordance with the 

proposed requirements. This action 

would allow for the importation of 

avocados from Spain 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 April 1, 

2013. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/#!document

Detail;D=APHIS-2012-0002-0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2012–0002, 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-2012-0002 or in our reading 

room, which is located in room 1141 of 

the USDA South Building, 14th Street 

and Independence Avenue SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 799–7039 before 

coming. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith Jones, Regulatory 

Coordination Specialist, Regulatory 

Coordination and Compliance, PPQ, 

APHIS, 4700 River Road Unit 133, 

Riverdale, MD 20737–1231; (301) 851– 

2289. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart—Fruits 

and Vegetables’’ (7 CFR 319.56–1 

through 319.56–57, referred to below as 

the regulations) prohibit or restrict the 

importation of fruits and vegetables into 

the United States from certain parts of 

the world to prevent the introduction 

and dissemination of plant pests that are 

new to or not widely distributed within 

the United States. 

The national plant protection 

organization (NPPO) of Spain has 

requested that the Animal and Plant 

Health Inspection Service (APHIS) 

amend the regulations to allow 

avocados from continental Spain to be 

imported into the United States, 

including Hawaii and U.S. territories. 

As part of our evaluation of Spain’s 

request, we prepared a pest risk 

assessment (PRA), titled ‘‘Importation of 

Fresh Avocado, Persea americana 

Miller, from Continental Spain into the 

United States, Including Hawaii and 

U.S. Territories’’ (November 2011). The 

PRA evaluated the risks associated with 

the importation of avocados into the 

United States from Spain. Copies of the 

PRA may be obtained from the person 

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 one pest of 

quarantine significance present in 

continental Spain that could be 

introduced into the United States 

through the importation of avocados. 

That pest is Ceratitis capitata 

(Wiedemann), the Mediterranean fruit 

fly (Medfly). 

APHIS has determined that measures 

beyond standard port-of-entry 

inspection are required to mitigate the 

risks posed by this plant pest. To 

recommend specific measures to 

mitigate those risks, we prepared a risk 

management document (RMD). Copies 

of the RMD may be obtained from the 

person listed under FOR FURTHER

INFORMATION CONTACT or viewed on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov). 

Based on the recommendations of the 

RMD, we are proposing to allow the 

importation of avocados from 

continental Spain into the United States 

only if they are produced in accordance 

with a systems approach. We would 

allow importation of untreated Hass 

avocados based on our finding 1 that 

Hass avocados on the tree are not a host 

to Medfly. We would allow importation 

of other varieties of avocado if they are 

treated for Medfly. The systems 

approach we are proposing would 

require: 

• Registration, monitoring, and 

oversight of places of production; 

• Grove sanitation; 

• Harvesting requirements for 

safeguarding and identification of the 

fruit; 

• Packinghouse requirements for 

safeguarding and identification of the 

fruit; 

• Inspection by the NPPO of Spain for 

Medfly; and 

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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules 6223 

2Cold treatment upon arrival is only available at 

certain ports in accordance with 7 CFR 305.6. 

3Within part 305, § 305.2 provides that approved 

treatment schedules are set out in the PPQ 

Treatment Manual, found online at http:// 

www.aphis.usda.gov/import_export/plants/ 

manuals/ports/downloads/treatment.pdf. The 

manual specifies which treatment schedules are 

effective in neutralizing C. capitata on avocados. 

• Cold treatment for avocado varieties 

other than Hass. 

Additionally, all avocados from Spain 

would also be required to be 

accompanied by a phytosanitary 

certificate issued by the NPPO of Spain. 

The phytosanitary certificate 

accompanying Hass variety avocados 

would have to contain an additional 

declaration stating that the avocados 

were grown in an approved place of 

production and the consignment has 

been inspected and found free of C. 

capitata. The phytosanitary certificate 

accompanying non-Hass avocados 

would have to contain an additional 

declaration stating that the avocados 

were grown in an approved place of 

production and the consignment has 

been inspected and found free of C. 

capitata, and, if treated prior to export, 

that the consignment has been treated 

for C. capitata in accordance with 7 CFR 

part 305. 

We are proposing to add the systems 

approach to the regulations in a new 

§ 319.56–58 governing the importation 

of avocados from continental Spain into 

the United States. The mitigation 

measures in the proposed systems 

approach are discussed in greater detail 

below. 

Proposed Systems Approach 

General Requirements 

Paragraph (a) of § 319.56–58 would 

set out general requirements for the 

NPPO of Spain and for growers and 

packers producing avocados for export 

to the United States. 

Paragraph (a)(1) would require the 

NPPO of Spain to provide a workplan to 

APHIS that details the activities that the 

NPPO of Spain will, subject to APHIS’ 

approval of the workplan, carry out to 

meet the requirements of proposed 

§ 319.56–58. As described in a notice we 

published on May 10, 2006, in the 

Federal Register (71 FR 27221–27224, 

Docket No. APHIS–2005–0085), a 

bilateral workplan is an agreement 

between APHIS’ Plant Protection and 

Quarantine 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. Bilateral workplans apply 

only to the signatory parties and 

establish detailed procedures and 

guidance for the day-to-day operations 

of specific import/export programs. 

Bilateral 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 

a bilateral workplan to be developed. 

Paragraph (a)(1) would also state that 

the NPPO of Spain must establish a trust 

fund in accordance with § 319.56–6. 

Section 319.56–6 of the regulations sets 

forth provisions for establishing trust 

fund agreements to cover costs incurred 

by APHIS when APHIS personnel must 

be physically present in an exporting 

country or region to facilitate exports. 

The systems approach may require 

APHIS personnel to monitor treatments 

if they are conducted in Spain. 

Paragraph (a)(2) would require the 

avocados to be grown at places of 

production in continental Spain that are 

registered with the NPPO of Spain and 

that meet the requirements for grove 

sanitation that are discussed later in this 

document. Places of production would 

be limited to continental Spain due to 

additional quarantine pests that may 

occur in the Canary Islands or Balaeric 

Islands. 

Paragraph (a)(3) would require the 

avocados to be packed for export to the 

United States in packinghouses that are 

registered with the NPPO of Spain and 

that meet the packinghouse 

requirements for fruit origin, pest 

exclusion, cleaning, safeguarding, and 

identification that are described later in 

this document. 

Paragraph (a)(4) would state that 

avocados from continental Spain 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 

infestations because the commodity is 

often ripe to overripe and is often grown 

with little or no pest control. 

Commercial consignments, as defined in 

§ 319.56–2, 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. 

Commercially produced avocados are 

cleaned as part of the packing process. 

This practice would help to mitigate the 

risk associated with external pests that 

would be dislodged by cleaning. In 

addition, the industry practice of culling 

damaged fruit would help to ensure that 

avocados exported from Spain are free 

of quarantine pests in general. 

Paragraph (a)(5) would require that 

avocados other than Hass variety from 

continental Spain must be treated for C. 

capitata in accordance with 7 CFR part 

305. This treatment could occur prior to 

export to the United States, or upon 

arrival 2 prior to release. This 

requirement would mitigate the greater 

vulnerability of non-Hass avocados to 

attack by C. capitata. The regulations in 

part 305 set out standards and schedules 

for treatments 3 required in 7 CFR parts 

301, 318, and 319 to prevent the 

introduction or dissemination of plant 

pests or noxious weeds into or through 

the United States through the 

importation or movement of fruits, 

vegetables, and other articles. Therefore, 

we are proposing to refer to 7 CFR part 

305 for an approved treatment for C. 

capitata for avocados from continental 

Spain. 

Monitoring and Oversight 

The systems approach we are 

proposing includes monitoring and 

oversight requirements in paragraph (b) 

of proposed § 319.56–58 to ensure that 

the required phytosanitary measures are 

properly implemented throughout the 

process of growing and packing of 

avocados for export to the United States. 

Paragraph (b)(1) would require the 

NPPO of Spain to visit and inspect 

registered places of production monthly, 

starting at least 2 months before harvest 

and continuing until the end of harvest, 

to verify that the growers are complying 

with the requirements for grove 

sanitation that are discussed later in this 

document and follow pest control 

guidelines, when necessary, to reduce 

quarantine pest populations. 

Under paragraph (b)(2), in addition to 

conducting fruit inspections at the 

packinghouses, the NPPO of Spain 

would be required to monitor 

packinghouse operations to verify that 

the packinghouses are complying with 

the packinghouse requirements for fruit 

origin, pest exclusion, cleaning, 

safeguarding, and identification that are 

described later in this document. 

Under paragraph (b)(3), if the NPPO of 

Spain finds that a place of production 

or a packinghouse is not complying 

with the proposed regulations, no fruit 

from the place of production or 

packinghouse would be eligible for 

export to the United States until APHIS 

and the NPPO of Spain conduct an 

investigation and appropriate remedial 

actions have been implemented. 

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6224 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules 

Paragraph (b)(4) would require the 

NPPO of Spain to retain all forms and 

documents related to export program 

activities in groves and packinghouses 

for at least 1 year and, as requested, 

provide them to APHIS for review. 

Grove Sanitation 

Under paragraph (c) of proposed 

§ 319.56–58, avocado fruit that has 

fallen from the trees would have to be 

removed from each place of production 

at least once every 7 days, starting 2 

months before harvest and continuing to 

the end of harvest. This procedure 

would reduce the amount of material in 

the groves that could serve as potential 

host material for C. capitata. 

Avocado fruit of any variety that has 

fallen from avocado trees to the ground 

may be damaged and thus more 

susceptible to infestation by C. capitata, 

and even the normally resistant Hass 

variety may become infested under 

these circumstances. Therefore, 

proposed paragraph (c) would not allow 

fallen avocado fruit to be included in 

field containers of fruit brought to the 

packinghouse to be packed for export. 

Harvesting Requirements 

Paragraph (d) of proposed § 319.56–58 

sets out requirements for harvesting. 

Harvested avocados would have to be 

placed in field cartons or containers that 

are marked with the official registration 

number of the place of production. The 

place of production where the avocados 

were grown would have to remain 

identifiable when the fruit leaves the 

grove, at the packinghouse, and 

throughout the export process. These 

requirements would ensure that APHIS 

and the NPPO of Spain could identify 

the place of production where the 

avocados were produced if inspectors 

find Medflies in the fruit either before 

export or at the port of entry. 

We would require the fruit to be 

moved to a registered packinghouse 

within 3 hours of harvest or to be 

protected from fruit fly infestation until 

moved. The fruit would have to be 

safeguarded by an insect-proof screen or 

plastic tarpaulin while in transit to the 

packinghouse and while awaiting 

packing. These requirements would 

prevent the fruit from being infested by 

fruit flies between harvest and packing. 

Packinghouse Requirements 

We are proposing several 

requirements for fruit origin and 

packinghouse activities, which would 

be contained in paragraph (e) of 

proposed § 319.56–58. 

Paragraph (e)(1) would require 

registered packinghouses to accept only 

avocados that are from registered places 

of production and that are produced in 

accordance with the requirements of the 

systems approach during the time they 

are in use for packing avocados for 

export to the United States. 

Paragraph (e)(2) would require 

avocados to be packed within 24 hours 

of harvest in an insect-exclusionary 

packinghouse. All openings to the 

outside of the packinghouse would have 

to be covered by screening with 

openings of not more than 1.6 mm or by 

some other barrier that prevents pests 

from entering. Screening with openings 

of not more than 1.6 mm excludes fruit 

flies. The packinghouse would have to 

have double doors at the entrance to the 

facility and at the interior entrance to 

the area where the avocados are packed. 

These proposed requirements are 

designed to exclude fruit flies from the 

packinghouse. 

Paragraph (e)(3) would require all 

avocados to be cleaned of all plant 

debris before packing. This procedure 

would ensure that the fruit alone is 

exported to the United States; other 

parts of the avocado tree may harbor 

pests other than the quarantine pest C. 

capitata, and the cleaning process helps 

to remove them. 

Paragraph (e)(4) would state that 

cartons or boxes in which avocados are 

packed would be required to be labeled 

with a lot number that provides 

information to identify the orchard 

where the fruit was grown and the 

packinghouse where the fruit was 

packed. The labeling would have to be 

large enough to clearly display the 

required information and be located on 

the side of cartons to facilitate 

inspection by APHIS. 

Paragraph (e)(5) would require 

avocados to be packed in insect-proof 

packaging, or covered with insect-proof 

mesh or a plastic tarpaulin, for transport 

to the United States, to prevent fruit fly 

infestation after the fruit is packed. 

These safeguards would have to remain 

intact until arrival in the United States. 

Paragraph (e)(6) would require 

shipping documents accompanying 

consignments of avocados from 

continental Spain that are exported to 

the United States to include the official 

registration number of the place of 

production at which the avocados were 

grown and to identify the packing shed 

or sheds in which the fruit was 

processed and packed. This 

identification would have to be 

maintained until the fruit is released for 

entry into the United States. These 

requirements would ensure that APHIS 

and the NPPO of Spain could identify 

the packinghouse at which the fruit was 

packed if inspectors find C. capitata in 

the fruit either before export or at the 

port of entry. 

Inspection by the NPPO of Spain 

To ensure that the mitigations 

required in the systems approach are 

effective at producing fruit free of 

quarantine pests, paragraph (f) of 

proposed § 319.56–58 would require 

inspectors from the NPPO of Spain to 

inspect a biometric sample from each 

place of production at a rate to be 

determined by APHIS. The inspectors 

would have to visually inspect the fruit 

and a portion of the fruit would be cut 

open to inspect for internal stages of C. 

capitata. If C. capitata is detected in this 

inspection, the place of production 

where the infested avocados were grown 

would immediately be suspended from 

the export program until an 

investigation has been conducted by 

APHIS and the NPPO of Spain and 

appropriate mitigations have been 

implemented. 

Phytosanitary Certificate 

To certify that the avocados from 

continental Spain have been grown and 

packed in accordance with the 

requirements of proposed § 319.56–58, 

proposed paragraph (g) would require 

each consignment of avocados imported 

from Spain into the United States to be 

accompanied by a phytosanitary 

certificate issued by the NPPO of Spain. 

The phytosanitary certificate 

accompanying Hass variety avocados 

would have to contain an additional 

declaration stating that the avocados are 

Hass variety and were grown in an 

approved place of production and the 

consignment has been inspected and 

found free of C. capitata. The 

phytosanitary certificate accompanying 

non-Hass avocados would have to 

contain an additional declaration stating 

that the avocados were grown in an 

approved place of production and the 

consignment has been inspected and 

found free of C. capitata and, if treated 

prior to export, that the consignment 

has been treated for C. capitata in 

accordance with 7 CFR part 305. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This proposed rule has been has been 

determined to be not significant for the 

purposes of Executive Order 12866 and, 

therefore, has not been reviewed by the 

Office of Management and Budget. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is set 

forth below. 

The NPPO of Spain has requested that 

APHIS authorize market access for 

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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules 6225 

commercial shipments of fresh avocados 

into the United States for domestic 

consumption. APHIS is proposing to 

grant this request if Spain produces the 

avocados in accordance with a systems 

approach intended to prevent the 

introduction of quarantine pests. 

In 2009, the United States was the 

world’s third largest avocado producer, 

after Mexico and Chile; the United 

States accounted for about 7 percent of 

global production, while Mexico and 

Chile accounted for 32 percent and 9 

percent, respectively. U.S. commercial 

production of avocado occurs in three 

States. California accounts for about 90 

percent of U.S. production, followed by 

Florida with about 9 percent, and 

Hawaii with less than 1 percent. In 

2010, U.S. utilized production of 

avocado totaled about 135,500 metric 

tons (MT), only one-half of the 271,000 

MT produced in 2009, and indicative of 

the significant variability in yield from 

year to year. 

In the last decade, U.S. per capita 

consumption of avocado has risen 

significantly, from 1 kilogram in 2000 to 

1.86 kilograms in 2010, representing an 

annual growth rate of about 6.4 percent. 

Although the United States is a major 

producer of avocado, it is also the 

largest import market (since 2002) and 

has been a net importer since the late 

1980s. During this time, the gap 

between U.S. imports and U.S. exports 

has widened substantially. The average 

annual value of U.S. avocado imports, 

2008–2010, was nearly $622 million, 

compared to average annual exports 

valued at less than $16 million. 

Spanish avocado producers expect to 

export to the United States about 260 

MT of fresh avocado annually, an 

amount equivalent to 0.15 percent of 

U.S. production, 0.07 percent of U.S. net 

imports (imports minus exports), and 

0.05 percent of U.S. supply (production 

plus net imports), based on 2008–2010 

average annual U.S. production and 

trade quantities. 

Entities that may be directly affected 

by the proposed rule are U.S. importers 

and producers of avocado. Avocado 

importers are classified in the North 

American Industry Classification 

System (NAICS) under Fresh Fruit and 

Vegetable Merchant Wholesalers 

(NAICS 424480). Avocado producers are 

classified under Other Noncitrus Fruit 

Farming (NAICS 111339). The Small 

Business Administration (SBA) has 

established guidelines for determining 

which establishments are to be 

considered small. A firm primarily 

engaged in fresh fruit and vegetable 

wholesaling is considered small if it 

employs not more than 100 persons. A 

firm primarily engaged in noncitrus 

fruit farming is considered small if it 

has annual sales of not more than 

$750,000. 

In 2007, nearly 95 percent of fruit and 

vegetable wholesale establishments 

(4,207 of 4,437 businesses) that operated 

the entire year were small by the SBA’s 

small-entity threshold of not more than 

100 employees. That same year, nearly 

93 percent of farms that sold fruits, tree 

nuts, or berries (104,424 of 112,690 

operations) had annual sales of less than 

$500,000, well below the SBA’s smallentity threshold of $750,000. The subset 

of these farms that comprise the 

industry Other Noncitrus Fruit Farming 

numbered 23,641, and can be assumed 

to be also primarily composed of small 

entities. Of these Other Noncitrus Fruit 

Farming establishments, there were 

8,245 avocado farms in 2007, also 

presumed to be principally small 

operations. 

While most entities that may be 

affected by the proposed rule are small, 

any effects would be insignificant 

because of the small quantity of avocado 

expected to be imported from 

continental Spain. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action would not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12988 

This proposed rule would allow 

avocados to be imported into the United 

States from continental Spain. If this 

proposed rule is adopted, State and 

local laws and regulations regarding 

avocados imported under this rule 

would be preempted while the fruit is 

in foreign commerce. Fresh avocados 

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–2012–0002. 

Please send a copy of your comments to: 

(1) Docket No. APHIS–2012–0002, 

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 avocados from 

continental Spain into the United 

States, including Hawaii and U.S. 

territories. As a condition of entry, 

avocados from continental Spain would 

have to be produced in accordance with 

a systems approach that would include 

requirements for importation in 

commercial consignments; registration 

and monitoring of places of production 

and packinghouses; grove sanitation; 

and inspection for quarantine pests by 

the NPPO of Spain. Implementation of 

this proposed rule would require the 

submission of documents such as 

phytosanitary certificates, trust fund 

agreements, workplans, records for 

recordkeeping, and production site and 

packinghouse registration and 

inspection forms. This proposed rule 

will also require the labeling of boxes or 

cartons. 

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 

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6226 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules 

is estimated to average 0.029503 hours 

per response. 

Respondents: Producers and 

importers of avocados and the NPPO of 

Spain. 

Estimated annual number of 

respondents: 28. 

Estimated annual number of 

responses per respondent: 515.6785. 

Estimated annual number of 

responses: 14,439. 

Estimated total annual burden on 

respondents: 426 hours. (Due to 

averaging, the total annual burden hours 

may not equal the product of the annual 

number of responses multiplied by the 

reporting burden per response.) 

Copies of this information collection 

can be obtained from Mrs. Celeste 

Sickles, APHIS’ Information Collection 

Coordinator, at (301) 851–2908. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this proposed rule, please contact 

Mrs. Celeste Sickles, APHIS’ 

Information Collection Coordinator, at 

(301) 851–2908. 

List of Subjects in 7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

Accordingly, we propose to amend 7 

CFR part 319 as follows: 

PART 319—FOREIGN QUARANTINE 

NOTICES 

■ 1. The authority citation for part 319 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

■ 2. Add § 319.56–58 to read as follows: 

§ 319.56–58 Avocados from continental 

Spain. 

Fresh avocados (Persea americana P. 

Mill.) may be imported into the United 

States from continental Spain 

(excluding the Balaeric Islands and 

Canary Islands) only under the 

conditions described in this section. 

These conditions are designed to 

prevent the introduction of the 

quarantine pest Ceratitis capitata 

(Wiedemann), the Mediterranean fruit 

fly. 

(a) General requirements. (1) The 

national plant protection organization 

(NPPO) of Spain must provide a 

workplan to APHIS that details the 

activities that the NPPO of Spain will, 

subject to APHIS’ approval of the 

workplan, carry out to meet the 

requirements of this section. The NPPO 

of Spain must also establish a trust fund 

in accordance with § 319.56–6. 

(2) The avocados must be grown at 

places of production in continental 

Spain that are registered with the NPPO 

of Spain and that meet the requirements 

of this section. 

(3) The avocados must be packed for 

export to the United States in 

packinghouses that are registered with 

the NPPO of Spain and that meet the 

requirements of this section. 

(4) Avocados from Spain may be 

imported in commercial consignments 

only. 

(5) Avocados other than Hass variety 

from continental Spain must be treated 

for C. capitata in accordance with part 

305 of this chapter. 

(b) Monitoring and oversight. (1) The 

NPPO of Spain must visit and inspect 

registered places of production monthly, 

starting at least 2 months before harvest 

and continuing until the end of the 

shipping season, to verify that the 

growers are complying with the 

requirements of paragraph (c) of this 

section and follow pest control 

guidelines, when necessary, to reduce 

quarantine pest populations. 

(2) In addition to conducting fruit 

inspections at the packinghouses, the 

NPPO of Spain must monitor 

packinghouse operations to verify that 

the packinghouses are complying with 

the requirements of paragraph (e) of this 

section. 

(3) If the NPPO of Spain finds that a 

place of production or packinghouse is 

not complying with the requirements of 

this section, no fruit from the place of 

production or packinghouse will be 

eligible for export to the United States 

until APHIS and the NPPO of Spain 

conduct an investigation and 

appropriate remedial actions have been 

implemented. 

(4) The NPPO of Spain must retain all 

forms and documents related to export 

program activities in groves and 

packinghouses for at least 1 year and, as 

requested, provide them to APHIS for 

review. 

(c) Grove sanitation. Avocado fruit 

that has fallen from the trees must be 

removed from each place of production 

at least once every 7 days, starting 2 

months before harvest and continuing to 

the end of harvest. Fallen avocado fruit 

may not be included in field containers 

of fruit brought to the packinghouse to 

be packed for export. 

(d) Harvesting requirements. 

Harvested avocados must be placed in 

field cartons or containers that are 

marked with the official registration 

number of the place of production. The 

place of production where the avocados 

were grown must remain identifiable 

when the fruit leaves the grove, at the 

packinghouse, and throughout the 

export process. The fruit must be moved 

to a registered packinghouse within 3 

hours of harvest or must be protected 

from fruit fly infestation until moved. 

The fruit must be safeguarded by an 

insect-proof screen or plastic tarpaulin 

while in transit to the packinghouse and 

while awaiting packing. 

(e) Packinghouse requirements. (1) 

During the time registered 

packinghouses are in use for packing 

avocados for export to the United States, 

the packinghouses may only accept 

avocados that are from registered places 

of production and that are produced in 

accordance with the requirements of 

this section. 

(2) Avocados must be packed within 

24 hours of harvest in an insectexclusionary packinghouse. All 

openings to the outside of the 

packinghouse must be covered by 

screening with openings of not more 

than 1.6 mm or by some other barrier 

that prevents pests from entering. The 

packinghouse must have double doors 

at the entrance to the facility and at the 

interior entrance to the area where the 

avocados are packed. 

(3) Before packing, all avocados must 

be cleaned of all plant debris. 

(4) Boxes or cartons in which 

avocados are packed must be labeled 

with a lot number that provides 

information to identify the orchard 

where grown and the packinghouse 

where packed. The labeling must be 

large enough to clearly display the 

required information and must be 

located on the outside of the boxes to 

facilitate inspection. 

(5) Avocados must be packed in 

insect-proof packaging, or covered with 

insect-proof mesh or a plastic tarpaulin, 

for transport to the United States. These 

safeguards must remain intact until 

arrival in the United States. 

(6) Shipping documents 

accompanying consignments of 

avocados from continental Spain that 

are exported to the United States must 

include the official registration number 

of the place of production at which the 

avocados were grown and must identify 

the packing shed or sheds in which the 

fruit was processed and packed. This 

identification must be maintained until 

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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules 6227 

the fruit is released for entry into the 

United States. 

(f) NPPO of Spain inspection. 

Following any post-harvest processing, 

inspectors from the NPPO of Spain must 

inspect a biometric sample of fruit at a 

rate determined by APHIS. Inspectors 

must visually inspect the fruit and cut 

a portion of the fruit to inspect for C. 

capitata. If any C. capitata are detected 

in this inspection, the place of 

production where the infested avocados 

were grown will immediately be 

suspended from the export program 

until an investigation has been 

conducted by APHIS and the NPPO of 

Spain and appropriate mitigations have 

been implemented. 

(g) Phytosanitary certificate. Each 

consignment of avocados imported from 

Spain into the United States must be 

accompanied by a phytosanitary 

certificate issued by the NPPO of Spain. 

(1) The phytosanitary certificate 

accompanying Hass variety avocados 

must contain an additional declaration 

stating that the avocados are Hass 

variety and were grown in an approved 

place of production and the 

consignment has been inspected and 

found free of C. capitata. 

(2) The phytosanitary certificate 

accompanying non-Hass avocados must 

contain an additional declaration stating 

that the avocados were grown in an 

approved place of production and the 

consignment has been inspected and 

found free of C. capitata. If the 

consignment has been subjected to 

treatment for C. capitata prior to export 

in accordance with 7 CFR part 305, the 

additional declaration must also state 

this. 

Done in Washington, DC, this 25th day of 

January 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–02017 Filed 1–29–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2011–0132] 

RIN 0579–AD62 

Importation of Fresh Apricots From 

Continental Spain 

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 into the United 

States of fresh apricots from continental 

Spain. As a condition of entry, fresh 

apricots from continental Spain would 

have to be produced in accordance with 

a systems approach that would include 

registration of production locations and 

packinghouses, pest monitoring, 

sanitary practices, chemical and 

biological controls, and phytosanitary 

treatment. The fruit would also have to 

be imported in commercial 

consignments, with each consignment 

identified throughout its movement 

from place of production to port of entry 

in the United States. Consignments 

would have to be accompanied by a 

phytosanitary certificate issued by the 

national plant protection organization of 

Spain certifying that the fruit is free 

from all quarantine pests and has been 

produced in accordance with the 

systems approach. This proposed rule 

would allow for the importation of fresh 

apricots from continental Spain 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 April 1, 

2013. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/#!document

Detail;D=APHIS-2011-0132-0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2011–0132, 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-2011-0132 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue 

SW., Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith C. Jones, Senior Regulatory 

Policy Specialist, Regulatory 

Coordination and Compliance, PPQ, 

APHIS, 4700 River Road Unit 156, 

Riverdale, MD 20737–1231; (301) 851– 

2018. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart-Fruits 

and Vegetables’’ (7 CFR 319.56–1 

through 319.56–57, 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. 

Currently, the regulations prohibit 

imports of fresh apricot fruit (Prunus 

armeniaca Marshall) from continental 

Spain (excluding the Balearic Islands 

and Canary Islands) due to the fruit 

serving as a likely pathway for four 

quarantine pests. The Animal and Plant 

Health Inspection Service (APHIS) 

received a request from the national 

plant protection organization (NPPO) of 

Spain to allow fresh apricots from 

continental Spain to be imported into 

the United States subject to a systems 

approach. As part of our evaluation of 

Spain’s request, we prepared a pest risk 

assessment (PRA) and a risk 

management document (RMD). Copies 

of the PRA and the RMD may be 

obtained from the person 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, titled ‘‘Importation of Fresh 

Apricot, Prunus armeniaca (L.) fruit, 

from Continental Spain into the United 

States, including Hawaii and U.S. 

Territories’’ (March 2010), evaluates the 

risks associated with the importation of 

fresh apricot fruit into the United States 

from continental Spain. The RMD draws 

upon the findings of the PRA to 

determine the phytosanitary measures 

necessary to ensure the safe importation 

into the United States of apricots from 

continental Spain. 

The PRA identifies four quarantine 

pests that could follow the pathway of 

consignments of fresh apricots imported 

from continental Spain into the United 

States: 

• The Mediterranean fruit fly 

(Medfly), Ceratitis capitata Wiedemann, 

• The plum fruit moth, Cydia 

funebrana (Treitschke), 

• Leaf scorch, Apiognomonia 

erythrostoma (Pers.), a fungus, and 

• Brown rot, Monilinia fructigena 

Honey, a fungus. 

A quarantine pest is defined in 

§ 319.56–2 as a pest of potential 

economic importance to the area 

endangered thereby and not yet present 

there, or present but not widely 

distributed and being officially 

controlled. Plant pest risk potentials 

associated with the importation of fresh 

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