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

59628 

Vol. 78, No. 188 

Friday, September 27, 2013 

1The PRA refers to this pest as ‘‘Ralstonia 

solanacearum race 3’’ because the taxonomic 

community customarily uses this term to refer to 

Ralstonia solanacearum race 3 biovar 2. However, 

R. solanacearum race 3 biovar 1 also exists in 

Mexico and could follow the pathway on potatoes 

from Mexico into the United States, but is not a pest 

of quarantine significance to the United States. To 

reflect this fact, and to clarify that the proposed 

regulations are not intended to address this biovar, 

we refer to the pest as Ralstonia solanacearum race 

3 biovar 2 throughout this document. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2013–0037] 

RIN 0579–AD78 

Importation of Potatoes From Mexico 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the regulations concerning the 

importation of fruits and vegetables to 

allow the importation of fresh potatoes 

(Solanum tuberosum L.) from Mexico 

into the United States. As a condition of 

entry, the potatoes would have to be 

produced in accordance with a systems 

approach employing a combination of 

mitigation measures to prevent the 

introduction and dissemination of plant 

pests into the United States. The 

potatoes would have to be imported in 

commercial consignments, would have 

to be produced by a grower who is 

registered in a certification program, 

would have to be packed in registered 

packinghouses, would have to be 

washed, cleaned, and treated with a 

sprout inhibitor, and would have to be 

inspected after packing for quarantine 

pests. The potatoes would also have to 

be accompanied by a phytosanitary 

certificate that declares that the 

conditions for importation have been 

met. Finally, the national plant 

protection organization (NPPO) of 

Mexico would have to provide a 

bilateral workplan to the Animal and 

Plant Health Inspection Service (APHIS) 

that details the activities that the NPPO 

of Mexico will carry out to meet these 

requirements, subject to APHIS’ 

approval. This action would allow the 

importation of potatoes from Mexico 

while continuing to protect against the 

introduction of plant pests into the 

United States. 

DATES: We will consider all comments 

that we receive on or before November 

26, 2013. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2013-0037- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2013–0037, 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-2013-0037 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue 

SW., Washington, DC. Normal reading 

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

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Lamb, Regulatory Policy 

Specialist, PPQ, APHIS, 4700 River 

Road Unit 133, Riverdale, MD 20737– 

1231; (301) 851–2018. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart–Fruits 

and Vegetables’’ (7 CFR 319.56–1 

through 319.56–61, 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. 

Currently, the regulations do not 

allow the importation of fresh potatoes 

(Solanum tuberosum L.) from Mexico. 

The national plant protection 

organization (NPPO) of Mexico has 

requested that the Animal and Plant 

Health Inspection Service (APHIS) 

amend the regulations to allow fresh 

potatoes from Mexico to be imported 

into the United States. As part of our 

evaluation of Mexico’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, from 

Mexico into the United States, of Potato, 

Solanum tuberosum, Tubers Intended 

for Consumption, A Pathway-Initiated 

Commodity Risk Assessment’’ (April 

2011), evaluates the risks associated 

with the importation of fresh potatoes 

from Mexico into the United States. The 

RMD relies upon the findings of the 

PRA to determine the phytosanitary 

measures necessary to ensure the safe 

importation into the United States of 

potatoes from Mexico. 

The PRA identifies eight quarantine 

pests present in Mexico that could be 

introduced into the United States 

through the importation of potatoes: 

• Copitarsia decolora (Guene ́e), a 

moth. 

• Epicaerus cognatus Sharp, potato 

weevil. 

• Nacobbus aberrans (Thorne) 

Thorne & Allen, false root-knot 

nematode. 

• Ralstonia solanacearum race 3 

biovar 2 (Smith) Yabuuchi et al., a 

bacterium that causes brown rot of 

potato.1

• Rosellinia bunodes (Berk. & 

Broome) Sacc., a pathogenic fungus. 

• R. pepo Pat., a pathogenic fungus. 

• Synchytrium endobioticum 

(Schilb.) Percival, a pathogenic fungus 

that causes potato wart disease. 

• Thecaphora solani (Thirum. & M. 

O’Brien) Mordue, a pathogenic fungus 

that causes potato smut. 

The PRA also identifies Globodera 

rostochiensis, golden cyst nematode, as 

a quarantine pest that exists in Mexico, 

and determines that this pest is unlikely 

to follow the pathway only because it is 

under official control within Mexico. 

A quarantine pest is defined in 

§ 319.56–2 of the regulations 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 


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controlled. Plant pest risk potentials 

associated with the importation of fresh 

potatoes from Mexico into the United 

States were derived by estimating the 

consequences and likelihood of 

introduction of each quarantine pest 

into the United States and ranking the 

risk potential as high, medium, or low. 

The PRA determined that three of these 

eight pests—N. aberrans, R. 

solanacearum race 3 biovar 2, and S. 

endobioticum—pose a high risk of 

following the pathway of fresh potatoes 

from Mexico into the United States and 

having negative effects on U.S. 

agriculture. The remaining five pests— 

C. decolora, E. cognatus, R. bunodes, R. 

pepo, and T. solani—were rated as 

having a medium risk potential. 

Based on the conclusions of the PRA 

and the RMD, we are proposing to allow 

the importation of potatoes from Mexico 

into the United States subject to a 

systems approach. The conditions in the 

systems approach that we are proposing 

are described below. These conditions 

would be added to the regulations in a 

new § 319.56–62. 

Bilateral Workplan 

Proposed paragraph (a) of § 319.56–62 

would require the NPPO of Mexico to 

provide a bilateral workplan to APHIS 

that details the activities that the NPPO 

would, subject to APHIS’ approval of 

the workplan, carry out to meet the 

requirements of proposed § 319.56–62. 

The bilateral workplan would have to 

include and describe in detail any 

requirements in proposed § 319.56–62 

that specifically refer to the bilateral 

workplan. 

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. 

Commercial Consignments 

Proposed paragraph (b) of § 319.56–62 

would require potatoes from Mexico to 

be imported only in commercial 

consignments. Produce grown 

commercially is less likely to be infested 

with plant pests than noncommercial 

shipments. Noncommercial shipments 

are more prone to infestations because 

the commodity is often ripe to overripe, 

could be of a variety with unknown 

susceptibility to pests, and is often 

grown with little or no pest control. 

Commercial consignments, as defined in 

§ 319.56–2 of 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. 

Certification Program 

Proposed paragraph (c) of § 319.56–62 

would require the potatoes to be 

produced by a grower who is registered 

in a certification program administered 

by the NPPO of Mexico. At a minimum, 

the program would have to require the 

producer to use only seed that has been 

certified by the NPPO of Mexico as free 

of R. solanacearum race 3 biovar 2, R. 

bunodes, R. pepo, S. endobioticum, and 

T. solani to produce the potatoes. The 

certification program would also have to 

require the potatoes to be grown in an 

enclosed environment or alternatively 

would have to require the field in which 

the potatoes are grown to be surveyed 

for quarantine pests and tested for R. 

solanacearum race 3 biovar 2 at regular 

intervals. The nature of these intervals 

and other requirements of the program 

that are jointly agreed upon by APHIS 

and the NPPO of Mexico would be 

contained in the bilateral workplan. 

Seed certification for potatoes is based 

on a generational process. As part of this 

process, a small quantity of seed is used 

as nuclear stock and grown over several 

growing seasons. Potatoes produced 

from this seed are inspected and tested 

at regular intervals for quarantine pests. 

If all generations of potatoes produced 

during these growing seasons are 

determined to be free of quarantine 

pests, the seed may be certified as being 

free of quarantine pests and 

commercially distributed. 

We would require the use of certified 

seed because R. solanacearum race 3 

biovar 2 and S. endobioticum can 

remain viable in a hospitable 

environment for an extended period of 

time. We would also do so because 

potatoes may be infected with R. 

bunodes, R. pepo, and T. solani for a 

period of time before there is external 

evidence of this infection. The 

generational process associated with 

seed certification provides sufficient 

time to determine whether any of the 

nuclear stock seed is infected with these 

pests. 

We would require the potatoes to be 

produced in an enclosed environment 

or, alternatively, would require the field 

in which the potatoes are grown to be 

surveyed for quarantine pests because 

most of the pests of quarantine 

significance that could follow the 

pathway on potatoes from Mexico are 

soil-borne, and because the most 

virulent of these pests, R. solanacearum 

race 3 biovar 2, can spread quickly 

through both water and soil. For this 

latter reason, if the potatoes are 

produced in a field, we would require 

the field to be tested for R. 

solanacearum race 3 biovar 2 at regular 

intervals. 

Registered Packinghouses 

Proposed paragraph (d) of § 319.56–62 

would require the potatoes to be packed 

for export in packinghouses that are 

registered with the NPPO of Mexico and 

to which the NPPO of Mexico has 

assigned a unique identifying number. 

Such registration would facilitate 

traceback of a consignment of potatoes 

to the packinghouse in which it was 

packed in the event that quarantine 

pests were discovered in the 

consignment at the port of first arrival 

into the United States. We discuss such 

traceback procedures at greater length 

later in this document. 

Post-Harvest Cleaning and Treatment 

Proposed paragraph (e) of § 319.56–62 

would require that, after harvest but 

prior to packing, the potatoes be 

washed, cleaned of soil and debris, and 

treated with a sprout inhibitor in 

accordance with the bilateral workplan. 

Washing and cleaning would remove 

soil and plant debris, two potential 

sources of introduction of quarantine 

pests, from the potatoes. Washing would 

also remove any C. decolora on the 

potatoes, since the moth is an external 

feeder. 

We would require treatment with 

sprout inhibitors because, once a potato 

has begun to sprout, it is propagative 

material that can easily be used as a 

plant for planting. The risk assessment 

that we prepared evaluated only the risk 

of potatoes from Mexico imported into 

the United States for human 

consumption, and, in general, the plant 

pest risk associated with plants for 

planting tends to be higher than that 

associated with plants and plant parts 

intended for human consumption. 


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Post-Harvest Inspections 

Proposed paragraph (f) of § 319.56–62 

would require a biometric sample to be 

taken from each consignment of 

potatoes destined for export to the 

United States in accordance with a 

protocol jointly agreed upon by APHIS 

and the NPPO of Mexico and specified 

within the bilateral workplan. The 

sample would have to be visually 

inspected for evidence of sprouting, as 

well as evidence of C. decolora, E. 

cognatus, N. aberrans, R. bunodes, R. 

pepo, and T. solani. It would also 

require a portion of the potatoes in the 

sample to be cut open, inspected for 

evidence of E. cognatus, N. aberrans, R. 

solanacearum race 3 biovar 2, and T. 

solani, and submitted to a laboratory 

approved by the NPPO of Mexico for 

testing for R. solanacearum race 3 

biovar 2. The potatoes could not be 

shipped to the United States until the 

results of this testing are obtained. If any 

of the potatoes are found to be 

sprouting, or any evidence of these 

quarantine pests is found, or any 

potatoes have non-negative test results 

for R. solanacearum race 3 biovar 2, the 

entire consignment of potatoes would be 

prohibited from importation into the 

United States. 

Potatoes infected with R. bunodes and 

R. pepo exhibit signs of rot and fungal 

growths, and potatoes infected with T. 

solani become misshapen or covered 

with wart-like galls. Additionally, as 

mentioned above, C. decolora is an 

external feeder. Visual inspection 

should therefore be able to identify any 

potatoes that are infected with R. 

bunodes, R. pepo, or T. solani, or 

infested with C. decolora. Additionally, 

although E. cognatus and N. aberrans 

are internal feeders, potatoes that are 

heavily infested with these pests may 

exhibit some external symptoms of this 

infestation. 

By cutting the potatoes open, 

evidence of infestation with E. cognatus 

and N. aberrans would become 

apparent, as would any galling caused 

by T. solani. R. solanacearum race 3 

biovar 2 attacks the vascular system of 

host plants and causes the collapse of 

vascular tissue; if the vascular tissues of 

the potatoes have begun to collapse 

because of R. solanacearum race 3 

biovar 2, this would likewise be 

apparent when the potatoes are cut 

open. However, because R. 

solanacearum race 3 biovar 2 may have 

already infected a plant before 

symptoms of vascular collapse appear, 

and because R. solanacearum race 3 

biovar 2 is an especially virulent pest, 

we would also require the potatoes to be 

tested for R. solanacearum race 3 biovar 

2 with negative results at a laboratory 

approved by the NPPO of Mexico. 

We would require the potatoes not to 

exhibit evidence of sprouting because, 

as we mentioned above, sprouting 

potatoes are propagative and can easily 

be used as plants for planting. 

Sealed Means of Conveyance 

Proposed paragraph (g) of § 319.56–62 

would require each consignment of 

potatoes shipped from Mexico to the 

United States to be transported 

following inspection from the 

packinghouse to the port of first arrival 

into the United States in a means of 

conveyance sealed with an agricultural 

seal affixed by an individual authorized 

by the NPPO of Mexico to do so. This 

requirement is necessary to prevent 

quarantine pests from being introduced 

into consignments of potatoes during 

transit to the United States. 

If the seal is broken en route, an 

inspector at the port of first arrival 

would take remedial measures jointly 

agreed to by APHIS and the NPPO of 

Mexico and specified in the bilateral 

workplan. The measures specified in the 

workplan would depend on whether the 

inspector determines the integrity of the 

consignment itself to have been 

compromised; if so, whether this has 

resulted in the introduction of plant 

pests into the consignment during 

transit; and, if so, whether any of these 

pests are quarantine pests. 

Phytosanitary Certificate 

Proposed paragraph (h) of § 319.56–62 

would require each consignment of 

potatoes shipped from Mexico to the 

United States to be accompanied by a 

phytosanitary certificate, issued by the 

NPPO of Mexico, that states that the 

potatoes do not come from an area of 

Mexico regulated by the NPPO of 

Mexico for G. rostochiensis; have been 

produced from seed certified free of R. 

solanacearum race 3 biovar 2, R. 

bunodes, R. pepo, S. endobioticum, and 

T. solani; have been inspected for C. 

decolora, E. cognatus, N. aberrans, R. 

solanacearum race 3 biovar 2, R. 

bunodes, R. pepo, and T. solani; have 

been tested for R. solanacearum race 3 

biovar 2; and based on this inspection 

and testing, have been found free of 

those pests. The phytosanitary 

certificate would also have to specify 

the number of the packinghouse in 

which the potatoes were packed. 

Because G. rostochiensis is a 

quarantine pest within the United 

States, we would prohibit the 

importation of potatoes from areas of 

Mexico regulated for G. rostochiensis 

into the United States in order to 

prevent additional introductions of the 

pest into the United States. The 

proposed phytosanitary certificate 

requirements reflect that prohibition. 

Traceback Procedures 

Proposed paragraph (i) of § 319.56–62 

would establish traceback procedures if 

quarantine pests are discovered on 

potatoes from Mexico at a port of first 

arrival into the United States. In the 

event that this occurs, the potatoes 

would be traced back to the 

packinghouse in which they were 

packed using the packinghouse number 

specified on the phytosanitary 

certificate. 

The packinghouse would be required 

to identify the grower from which the 

potatoes originated, and the grower 

would be required to identify the place 

of production in which the potatoes 

were grown. That place of production 

would be suspended from the export 

program for potatoes to the United 

States for the remainder of the shipping 

season. 

If the grower is unable to identify the 

place of production in which the 

potatoes were grown, that grower would 

be suspended from the export program 

for the remainder of the shipping 

season. 

Finally, if the packinghouse is unable 

to identify the grower from which the 

potatoes originated, that packinghouse 

would be suspended from the export 

program for potatoes to the United 

States for the remainder of the shipping 

season. 

Executive Order 12866 and 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. 

We have prepared an economic 

analysis for this rule. The economic 

analysis provides a cost-benefit analysis, 

as required by Executive Order 12866, 

and an analysis of the potential 

economic effects of this action on small 

entities, as required by the Regulatory 

Flexibility Act. The economic analysis 

is summarized below. 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). 

The Small Business Administration’s 

small-entity standard for U.S. farms that 

produce potato tubers is annual receipts 

of not more than $750,000. In 2007, the 

average market value of sales by the 

15,014 U.S. farms that produced 


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potatoes was about $222,000, well 

below the small-entity standard. 

In recent years, the United States has 

shifted from being a net importer to 

being a net exporter of fresh or chilled 

table potatoes. U.S. average annual net 

supply from 2008 to 2010 (marketed 

production plus imports minus exports) 

was about 16.6 million metric tons 

(MT). Mexico’s average annual exports 

for the same years totaled about 1,500 

MT. Even if all of Mexico’s exports were 

diverted to the United States, they 

would be equivalent to less than onehundredth of 1 percent of U.S net 

supply. 

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 fresh 

potatoes for consumption to be 

imported into the United States from 

Mexico. If this proposed rule is adopted, 

State and local laws and regulations 

regarding potatoes imported under this 

rule would be preempted while the 

potatoes are in foreign commerce. Fresh 

potatoes 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-bycase 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–2013–0037. 

Please send a copy of your comments to: 

(1) Docket No. APHIS–2013–0037, 

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. 

APHIS is proposing to amend the 

fruits and vegetables regulations to 

allow, under certain conditions, the 

importation into the United States of 

commercial consignments of fresh 

potatoes from Mexico. The conditions 

for the importation of fresh potatoes 

from Mexico include registration of 

packinghouses. The potatoes would also 

be required to be accompanied by a 

phytosanitary certificate issued by the 

NPPO of Mexico with an additional 

declaration confirming that the potatoes 

had been produced in accordance with 

the proposed requirements. The NPPO 

of Mexico would also have to enter into 

a bilateral workplan with APHIS. 

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 2.97 hours per 

response. 

Respondents: National Plant 

Protection Organization of Mexico, 

producers. 

Estimated annual number of 

respondents: 19. 

Estimated annual number of 

responses per respondent: 2.6. 

Estimated annual number of 

responses: 31. 

Estimated total annual burden on 

respondents: 92 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 § 319.56–62 to read as follows: 

§ 319.56–62 Potatoes from Mexico. 

Fresh potatoes (Solanum tuberosum 

L.) may be imported into the United 

States from Mexico only under the 

conditions described in this section. 

These conditions are designed to 

prevent the introduction of the 

following quarantine pests: Copitarsia 

decolora (Guene ́e), a moth; Epicaerus 

cognatus Sharp, potato weevil; 

Globodera rostochiensis, golden cyst 

nematode; Nacobbus aberrans (Thorne) 

Thorne & Allen, false root-knot 

nematode; Ralstonia solanacearum race 

3 biovar 2 (Smith) Yabuuchi et al., a 

bacterium that causes brown rot of 

potato; Rosellinia bunodes (Berk. & 

Broome) Sacc., a pathogenic fungus; R. 

pepo Pat., a pathogenic fungus; 

Synchytrium endobioticum (Schilb.) 

Percival, a pathogenic fungus that 

causes potato wart disease; and 

Thecaphora solani (Thirum. & M. 

O’Brien) Mordue, a pathogenic fungus 

that causes potato smut. 

(a) The national plant protection 

organization (NPPO) of Mexico must 

provide a bilateral workplan to APHIS 

that details the activities that the NPPO 

of Mexico will, subject to APHIS’ 

approval of the workplan, carry out to 


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meet the requirements of this section. 

The bilateral workplan must include 

and describe the quarantine pest survey 

intervals and other specific 

requirements as set forth in this section. 

(b) The potatoes may be imported in 

commercial consignments only. 

(c) The potatoes must be produced by 

a grower who is registered in a 

certification program administered by 

the NPPO of Mexico. The program must 

require the producer to use only seed 

that has been certified by the NPPO of 

Mexico as free of R. solanacearum race 

3 biovar 2, R. bunodes, R. pepo, S. 

endobioticum, and T. solani to produce 

the potatoes. The program must also 

require the potatoes to be grown in an 

enclosed environment or alternatively 

must require the field in which the 

potatoes are grown to be surveyed for 

quarantine pests and tested for R. 

solanacearum race 3 biovar 2 at regular 

intervals in accordance with the 

bilateral workplan. 

(d) The potatoes must be packed for 

export in packinghouses that are 

registered with the NPPO of Mexico and 

to which the NPPO of Mexico has 

assigned a unique identifying number. 

(e) After harvest but prior to packing, 

the potatoes must be washed, cleaned of 

soil and debris, and treated with a 

sprout inhibitor in accordance with the 

bilateral workplan. 

(f) A biometric sample of potatoes 

must be taken from each consignment of 

potatoes destined for export to the 

United States in accordance with a 

protocol jointly agreed upon by APHIS 

and the NPPO of Mexico and specified 

within the bilateral workplan. The 

sample must be visually inspected for 

evidence of sprouting, as well as 

evidence of C. decolora, E. cognatus, N. 

aberrans, R. bunodes, R. pepo, and T. 

solani. A portion of the potatoes must 

then be cut open, inspected for evidence 

of E. cognatus, N. aberrans, R. 

solanacearum race 3 biovar 2, and T. 

solani, and submitted to a laboratory 

approved by the NPPO of Mexico for 

testing for R. solanacearum race 3 

biovar 2. Potatoes may not be shipped 

to the United States until the results of 

this testing are obtained. If any potatoes 

are found to be sprouting, or any 

evidence of these quarantine pests is 

found, or any potatoes have nonnegative test results for R. solanacearum 

race 3 biovar 2, the entire consignment 

of potatoes will be prohibited from 

importation into the United States. 

(g) Each consignment of potatoes 

shipped from Mexico to the United 

States must be transported following 

inspection from the packinghouse to the 

port of first arrival into the United 

States in a means of conveyance sealed 

with an agricultural seal affixed by an 

individual authorized by the NPPO of 

Mexico to do so. If the seal is broken en 

route, an inspector at the port of first 

arrival will take remedial measures 

jointly agreed to by APHIS and the 

NPPO of Mexico and specified in the 

bilateral workplan. 

(h) Each consignment of potatoes 

shipped from Mexico to the United 

States must be accompanied by a 

phytosanitary certificate, issued by the 

NPPO of Mexico, that states that that the 

potatoes do not come from an area of 

Mexico regulated by the NPPO of 

Mexico for G. rostochiensis; have been 

produced from seed certified free of R. 

solanacearum race 3 biovar 2, R. 

bunodes, R. pepo, S. endobioticum, and 

T. solani; have been inspected for C. 

decolora, E. cognatus, N. aberrans, R. 

solanacearum race 3 biovar 2, R. 

bunodes, R. pepo, and T. solani; have 

been tested for R. solanacearum race 3 

biovar 2; and based on this inspection 

and testing, have been found free of 

those pests. The phytosanitary 

certificate must also specify the number 

of the packinghouse in which the 

potatoes were packed. 

(i) If quarantine pests are discovered 

on potatoes from Mexico at a port of 

first arrival into the United States, the 

potatoes will be traced back to the 

packinghouse in which they were 

packed using the packinghouse number 

specified on the phytosanitary 

certificate. 

(1) The packinghouse must identify 

the grower from which the potatoes 

originated, and the grower must identify 

the place of production in which the 

potatoes were grown. That place of 

production will be suspended from the 

export program for potatoes to the 

United States for the remainder of the 

shipping season. 

(2) If the grower is unable to identify 

the place of production in which the 

potatoes were grown, that grower will 

be suspended from the export program 

for potatoes to the United States for the 

remainder of the shipping season. 

(3) If the packinghouse is unable to 

identify the grower from which the 

potatoes originated, that packinghouse 

will be suspended from the export 

program for potatoes to the United 

States for the remainder of the shipping 

season. 

Done in Washington, DC, this 24th day of 

September 2013. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2013–23667 Filed 9–26–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Safety and Environmental 

Enforcement 

30 CFR Part 250 

[Docket ID BSEE–2012–0005; 13XE1700DX 

EX1SF0000.DAQ000 EEEE500000] 

RIN 1014–AA10 

Oil and Gas and Sulphur Operations 

on the Outer Continental Shelf—Oil 

and Gas Production Safety Systems 

AGENCY: Bureau of Safety and 

Environmental Enforcement (BSEE), 

Interior. 

ACTION: Extension of comment period 

for a proposed rule. 

SUMMARY: The Bureau of Safety and 

Environmental Enforcement (BSEE) is 

extending the public comment period 

on the production safety systems 

proposed rule, which was published in 

the Federal Register on August 22, 

2013. The original public comment 

period would end October 21, 2013. 

However, BSEE has received multiple 

requests from various industry 

representatives to extend the comment 

period. The BSEE has reviewed the 

extension requests and determined that 

a 45-day comment period extension is 

appropriate. 

DATES: Written comments must be 

received by the extended due date of 

December 5, 2013. The BSEE may not 

fully consider comments received after 

this date. 

ADDRESSES: You may submit comments 

on the rulemaking by any of the 

following methods. Please use the 

Regulation Identifier Number (RIN) 

1014–AA10 as an identifier in your 

message. See also Public Availability of 

Comments under Procedural Matters. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. In the entry titled 

Enter Keyword or ID, enter BSEE–2012– 

0005 then click search. Follow the 

instructions to submit public comments 

and view supporting and related 

materials available for this rulemaking. 

The BSEE may post all submitted 

comments. 

• Mail or hand-carry comments to the 

Department of the Interior (DOI); Bureau 

of Safety and Environmental 

Enforcement; Attention: Regulations 

Development Branch; 381 Elden Street, 

HE3313; Herndon, Virginia 20170–4817. 

Please reference ‘‘Oil and Gas 

Production Safety Systems, 1014– 

AA10’’ in your comments and include 

your name and return address. 

• Public Availability of Comments— 

Before including your address, phone 


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