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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6228 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules 

1 Imports of fresh apricots from the Balearic 

Islands and Canary Islands would continue to be 

prohibited. 

apricots from continental Spain 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 four quarantine 

pests—brown rot, Medfly, and plum 

fruit moth—pose a high risk of 

following the pathway of fresh apricots 

from continental Spain into the United 

States and having negative effects on 

U.S. agriculture. Leaf scorch was rated 

as having a medium risk potential. 

Based on the conclusions of the PRA 

and RMD, we are proposing to allow the 

importation of fresh apricots from 

continental Spain 1 into the United 

States subject to a systems approach. 

Under a systems approach, a set of 

phytosanitary conditions, at least two of 

which have an independent effect in 

mitigating the pest risk associated with 

the movement of commodities, is 

specified, whereby fruits and vegetables 

may be imported into the United States 

from countries that are not free of 

certain plant pests. 

We are proposing to add the systems 

approach for apricots from continental 

Spain to the regulations in a new 

§ 319.56–58. The specific mitigation 

measures required in the systems 

approach for each quarantine pest are 

discussed below, as well as in the risk 

management document. 

General Requirements 

General requirements for importing 

apricots from continental Spain into the 

United States would be listed in 

proposed § 319.56–58(a). The NPPO of 

Spain would be required to provide a 

bilateral workplan to APHIS that details 

the activities of the systems approach, 

including inspections, monitoring, 

trapping, and surveying, that the NPPO 

of Spain will carry out to meet the 

proposed requirements. APHIS would 

have to approve the workplan and 

would be directly involved with the 

NPPO of Spain in monitoring and 

auditing the systems approach 

implementation. 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-today 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. The NPPO of 

Spain would also be required to enter 

into a trust fund agreement with APHIS 

in accordance with § 319.56–6 to cover 

our monitoring and auditing costs. 

All places of production and 

packinghouses in continental Spain that 

participate in the program to export 

apricots to the United States must be 

registered with and approved by the 

NPPO of Spain and meet the 

requirements of proposed § 319.56–58. 

The place of production where the 

apricots were grown would have to be 

identifiable when the fruit leaves the 

grove, at the packinghouse where the 

fruit is packed, and throughout the 

export process. Boxes containing apricot 

fruit would have to be marked with the 

identity and origin of the fruit. 

Safeguarding in accordance with the 

regulations in proposed § 319.56–58(h) 

would have to be maintained at all 

times during the movement of the 

apricot fruit to the United States and 

remain intact upon arrival in the United 

States. 

Commercial Consignments 

The regulations in proposed § 319.56– 

58(b) would require that fresh apricots 

from continental Spain would be 

allowed to be imported into the United 

States in commercial consignments 

only. Commercial consignments, as 

defined in § 319.56–2, are consignments 

that an inspector identifies as having 

been imported for sale and distribution. 

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, 

could be of a variety with unknown 

susceptibility to pests, and is often 

grown with little or no pest control. 

Monitoring and Oversight 

Under proposed § 319.56–58(c), if 

APHIS approved the workplan, the 

NPPO of Spain would have to begin 

conducting inspections and monitoring 

places of production and packinghouse 

operations to verify that they comply 

with the requirements of proposed 

§ 319.56–58. The NPPO of Spain would 

be required to visit and inspect the 

places of production monthly, starting 2 

months (60 days) before harvest and 

continuing until the end of the shipping 

season, to verify that growers are 

complying with the requirements of 

proposed § 319.56–58 and following 

pest control guidelines, when necessary, 

to reduce quarantine pest populations. 

The NPPO would also have to monitor 

packinghouses to verify that the 

packinghouses are complying with 

proposed § 319.56–58. Under paragraph 

(c)(3) of proposed § 319.56–58, if the 

NPPO of Spain were to find that a place 

of production or a packinghouse did not 

comply with the regulations in 

proposed § 319.56–58, fruit from that 

place of production or packinghouse 

would not be eligible for export to the 

United States until APHIS and the 

NPPO of Spain conducted an 

investigation and implemented 

appropriate remedial actions. 

Any personnel conducting trapping 

and pest surveys required by the 

systems approach would have to be 

hired, trained, and supervised by the 

NPPO of Spain. The NPPO would have 

to certify that exporting places of 

production have fruit fly and moth 

trapping programs and follow control 

guidelines, when necessary, to reduce 

regulated pest populations. APHIS 

would monitor and inspect the places of 

production as necessary. 

Proposed § 319.56–58(c)(4) would 

also require that the NPPO of Spain 

retain all forms and documents related 

to export program activities in places of 

production and packinghouses for at 

least 1 year and, upon request, provide 

them to APHIS for review. 

Grove Sanitation 

Proposed § 319.56–58(d) would 

require all fruit that has fallen from the 

trees of each place of production to be 

removed from the grove and destroyed 

weekly. This procedure would reduce 

the amount of material in the groves that 

could serve as potential host material 

for insect pests. 

Mitigations for Specific Quarantine 

Pests 

Fungi 

During the growing season, the NPPO 

of Spain would be required in 

accordance with proposed § 319.56– 

58(e) to conduct inspections at intervals 

specified in the workplan in places of 

production for signs of the fungi A. 

erythrostoma and M. fructigena until 

harvest is completed. Infected leaves 

would have to be removed from places 

of production to reduce the inoculum 

potential. Upon detection of either A. 

erythrostoma or M. fructigena, the 

NPPO of Spain would be required to 

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notify APHIS, which may prohibit the 

importation into the United States of 

apricots from the production site for the 

season. 

Mitigations for C. funebrana 

Under proposed § 319.56–58(f), 

APHIS would require the NPPO of 

Spain to use one of the following two 

mitigation measures to address the risk 

potential posed by C. funebrana: 

Pest-Free Area: Under this mitigation 

measure, apricots would have to 

originate from an area designated as free 

of C. funebrana in accordance with 

§ 319.56–5 for the establishment of pestfree areas. Paragraph (a) of § 319.56–5 

states that determinations of pest-free 

areas be made in accordance with 

International Standards for 

Phytosanitary Measures (ISPM) No. 4, 

which is incorporated by reference in 

§ 300.5. ISPM No. 4 sets out three main 

criteria for recognition of a pest-free 

area: 

• Systems to establish freedom; 

• Phytosanitary measures to maintain 

freedom; and 

• Checks to verify freedom has been 

maintained. 

Paragraph (b) of § 319.56–5 requires 

that APHIS approve the survey protocol 

used to determine and maintain pestfree status, as well as protocols for 

actions to be taken upon detection of a 

pest. It also indicates that pest-free areas 

are subject to audit by APHIS to verify 

their status. 

Area of Low Pest Prevalence and Pest 

Management: Under this mitigation 

measure, each registered place of 

production would have to be visited and 

inspected by the NPPO of Spain for 

signs of C. funebrana and pheromone 

trapping for C. funebrana would have to 

be conducted. The purpose of the 

inspection and trapping is to 

demonstrate that the places of 

production have a low prevalence of C. 

funebrana. 

Specific inspection and trapping 

requirements would be included in the 

bilateral workplan and would be 

adjusted as necessary to ensure that 

inspection and trapping are effective. 

Consistent with the recommendations of 

the RMD, the bilateral workplan would 

initially require samples of 20 fruits per 

tree from 50 trees within every 4 

hectares to be visually inspected by the 

NPPO of Spain every 7 days during the 

growing season. During the harvest 

period, samples of 40 fruits per tree 

from 50 trees within every 4 hectares 

would have to be visually inspected by 

the NPPO of Spain every 7 days until 

harvest is completed. The NPPO of 

Spain would also have to sample and 

inspect a quantity of fruit specified in 

the workplan. In addition, the bilateral 

workplan would initially require places 

of production to be trapped for C. 

funebrana with APHIS-approved 

pheromone traps at a density of 2 traps 

per 4 hectares, with a minimum of 2 

traps per place of production. Traps 

would have to be checked every 7 days 

from fruit formation until completion of 

harvest. If the trap counts are greater 

than 10 moths per trap per week, or 

more than 1 percent of the fruits 

sampled in a week are damaged or 

found to have any life stage of C. 

funebrana, remedial measures would 

have to be implemented. The NPPO of 

Spain would have to keep records of the 

placement of traps, trap visits, trap 

counts, and treatments for each 

registered place of production. 

Mitigations for Medfly 

Under proposed § 319.56–58(g), the 

places of production would be required 

to be trapped for Medfly to demonstrate 

that there is a low prevalence of Medfly 

in those places of production. Similar to 

C. funebrana, specific trapping 

requirements for Medfly would be 

included in the bilateral workplan and 

would be adjusted as necessary to 

ensure that trapping is effective. 

Consistent with the recommendations of 

the RMD, the bilateral workplan would 

initially require trapping with 1 APHISapproved trap per 12 hectares, with a 

minimum of 1 trap per place of 

production, beginning May 1 of each 

year and remaining in place and in 

service until harvesting is completed. 

Any time that trap counts are greater 

than 0.5 flies per trap per day, remedial 

measures would need to be 

implemented and approved by APHIS 

and the NPPO of Spain. The NPPO of 

Spain would have to keep records of the 

placement of traps, trap visits, trap 

counts, and treatments for each 

registered place of production. 

All fresh apricots for export from 

continental Spain to the United States 

would have to undergo a cold treatment 

for Medfly in accordance with the 

requirements for conducting 

phytosanitary treatment in 7 CFR part 

305. 

We are proposing to require two 

phytosanitary mitigation measures for 

Medfly because high larval populations 

of Medfly in fruit can overwhelm the 

effectiveness of cold treatment. The 

trapping and field mitigation measures 

for Medfly would maintain populations 

at acceptably low prevalence levels and 

ensure that cold treatment is effective. 

Post-Harvest Procedures and 

Packinghouse Requirements 

Specific post-harvest and 

packinghouse requirements, listed in 

paragraphs (h) and (i) of proposed 

§ 319.56–58, are intended to prevent 

insect infestation of harvested fruit 

during processing, packing, and 

shipment. Apricots would have to be 

safeguarded by a pest-proof screen, 

plastic tarpaulin, or some other pestproof barrier while in transit to the 

packinghouse and while awaiting 

packing. They would have to be packed 

and sealed within 24 hours of harvest 

into pest-proof cartons or containers or 

covered with pest-proof mesh or a 

plastic tarpaulin for transport to the 

United States. These safeguards would 

be required to remain intact until arrival 

of the consignment in the United States. 

Packing of apricots for export to the 

United States would have to be 

conducted within a packinghouse 

registered and approved by the NPPO of 

Spain. Packinghouses in which apricots 

are packed for export to the United 

States would have to be able to exclude 

quarantine pests. 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. The 1.6 mm maximum 

screening size is adequate to exclude the 

insect pests of quarantine significance 

named earlier in this document. The 

packinghouse would have to be 

equipped with double self-closing doors 

at the entrance to the packinghouse and 

at the interior entrance to the area where 

fruit is packed to prevent inadvertent 

introduction of pests into the 

packinghouse. During the time the 

packinghouse is used to pack and export 

apricot fruit to the United States, the 

packinghouse may only accept fruit 

from places of production registered and 

approved by the NPPO of Spain. 

Phytosanitary Inspection 

Under proposed § 319.56–58(j), a 

biometric sample of apricots, jointly 

agreed upon by APHIS and the NPPO of 

Spain, would be required to be 

inspected in Spain by the NPPO 

following post-harvest processing. The 

sample would have to be visually 

inspected for the quarantine pests A. 

erythrostoma, C. funebrana, and M. 

fructigena, and a portion of the fruit 

would be cut open to inspect for the 

internal pest C. capitata. If any of these 

quarantine pests are found, the entire 

consignment of apricots would be 

prohibited from import into the United 

States. 

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Fruit presented for inspection at a 

U.S. port of entry would have to be 

identified in the shipping documents 

accompanying each consignment of fruit 

that specify the place of production in 

which the fruit was produced and the 

packinghouse in which the fruit was 

processed. This identification would 

have to be maintained with the 

consignment until the fruit is released 

for entry into the United States. 

Phytosanitary Certificate 

Under proposed § 319.56–58(k), each 

consignment of apricot fruit would have 

to be accompanied by a phytosanitary 

certificate issued by the NPPO of Spain 

that states that the fruit has been treated 

for C. capitata in accordance with 7 CFR 

part 305 and includes an additional 

declaration stating that the fruit in the 

consignment was inspected and found 

free from A. erythrostoma, C. capitata, 

C. funebrana, and M. fructigena. 

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. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The 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). 

This proposed rule would allow the 

importation into the United States of 

fresh apricots from continental Spain, 

subject to a systems approach. 

The economic analysis examines 

impacts for U.S. small entities of a rule 

that would allow fresh apricot imports 

from continental Spain. Spain is 

expected to export at most 10 standard 

shipping containers of fresh apricot per 

year to the United States. Each container 

can hold approximately 18 metric tons 

(MT), thus fresh apricot imports from 

Spain may total as much as 180 MT 

annually. This amount is equivalent to 

about 1 percent of current U.S. 

consumption. With U.S. fresh apricot 

exports four times the quantity 

imported, and the amount expected to 

be imported from Spain very small in 

comparison to current U.S. 

consumption, any market effects of such 

a relatively small change in supply 

would be minor. 

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 

apricots to be imported into the United 

States from continental Spain, subject to 

a systems approach. If this proposed 

rule is adopted, State and local laws and 

regulations regarding fresh apricots 

imported under this rule would be 

preempted while the fruit is in foreign 

commerce. Fresh apricots 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 caseby-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–2011–0132. 

Please send a copy of your comments to: 

(1) Docket No. APHIS–2011–0132, 

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 the importation of fresh apricots 

from continental Spain into the United 

States subject to a systems approach. As 

a condition of entry, apricots from Spain 

would have to be produced in 

accordance with a systems approach 

that would include requirements for 

importation in commercial 

consignments; a limited harvest period; 

registration of production and 

packinghouses; grove sanitation, and 

pest control practices; treatment with 

surface disinfectant; and inspection for 

quarantine pests by the NPPO of Spain. 

Apricots from continental Spain 

would also be required to be 

accompanied by a phytosanitary 

certificate with an additional 

declaration stating that the apricots have 

been inspected and found to be free of 

quarantine pests and were grown and 

packed in accordance with the proposed 

requirements. This action would allow 

for the importation of apricots from 

continental Spain into the United States 

while continuing to provide protection 

against the introduction of quarantine 

pests. 

Allowing the importation of apricots 

to be imported into the United States 

from Spain will require information 

collection activities, including 

phytosanitary certificates, production 

site and packinghouse registration, 

recordkeeping, a workplan, and a trust 

fund agreement. 

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 6.4827 hours per 

response. 

Respondents: The NPPO of Spain and 

producers and importers of apricots. 

Estimated number of respondents: 23. 

Estimated number of responses per 

respondent: 1.2608. 

Estimated annual number of 

responses: 29. 

Estimated total annual burden on 

respondents: 188 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.) 

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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 Fresh apricots from 

continental Spain. 

Fresh apricots (Prunus armeniaca 

Marshall) may be imported into the 

United States from continental Spain 

(excluding the Balearic Islands and 

Canary Islands) only under the 

conditions described in this section. 

These conditions are designed to 

prevent the introduction of the 

following quarantine pests: 

Apiognomonia erythrostoma (Pers.), a 

brown rot fungus; Ceratitis capitata 

Wiedemann, the Mediterranean fruit fly; 

Cydia funebrana (Treitschke), the plum 

fruit moth; and Monilinia fructigena 

Honey, the leaf scorch fungus. 

(a) General requirements. (1) The 

national plant protection organization 

(NPPO) of Spain must provide a 

bilateral 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. APHIS will 

be directly involved with the NPPO of 

Spain in monitoring and auditing 

implementation of the systems 

approach. The NPPO of Spain must also 

enter into a trust fund agreement with 

APHIS in accordance with § 319.56–6. 

(2) All places of production and 

packinghouses that participate in the 

export program must be registered with 

the NPPO of Spain. 

(3) The fruit must be grown at places 

of production that meet the 

requirements of paragraph (d) of this 

section. 

(4) The fruit must be packed for 

export to the United States in a 

packinghouse that meets the 

requirements of paragraph (i) of this 

section. The place of production where 

the apricots were grown must remain 

identifiable when the fruit leaves the 

grove, at the packinghouse, and 

throughout the export process. 

Safeguarding in accordance with 

paragraph (h) of this section must be 

maintained at all times during the 

movement of the apricot fruit to the 

United States and must be intact upon 

arrival of the apricot fruit in the United 

States. 

(b) Commercial consignments. 

Apricots from continental Spain may be 

imported to the United States in 

commercial consignments only. 

(c) Monitoring and oversight. (1) The 

NPPO of Spain must visit and inspect 

places of production starting 2 months 

(60 days) before harvest and continuing 

until the end of the shipping season to 

verify that growers are complying with 

the requirements of this section and to 

follow pest control guidelines, when 

necessary, to reduce quarantine pest 

populations. The NPPO of Spain must 

certify that exporting places of 

production have fruit fly and moth 

trapping programs and follow control 

guidelines, when necessary, to reduce 

regulated pest populations. Any 

personnel conducting trapping and pest 

surveys must be hired, trained, and 

supervised by the NPPO of Spain. 

APHIS may monitor the places of 

production if necessary. 

(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 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 implement 

appropriate remedial actions. 

(4) The NPPO of Spain must retain all 

forms and documents related to export 

program activities in places of 

production and packinghouses for at 

least 1 year and, as requested, provide 

them to APHIS for review. 

(d) Grove sanitation. Fruit that has 

fallen from the trees at each place of 

production must be removed and 

destroyed weekly. 

(e) Fungi. During the growing season, 

the NPPO of Spain must conduct 

inspections at intervals specified in the 

workplan in the place of production for 

signs of A. erythrostoma and M. 

fructigena until harvest is completed. 

Infected leaves must be removed from 

places of production to reduce the 

inoculum potential. Upon detection of 

these fungal diseases, the NPPO of 

Spain must notify APHIS, which may 

prohibit the importation into the United 

States of apricots from the production 

site for the season. 

(f) C. funebrana. The NPPO of Spain 

must use one of the following two 

mitigation measures to address the risk 

potential posed by C. funebrana. 

(1) Pest-free area: Under this 

mitigation measure, apricots must 

originate from an area designated as free 

of C. funebrana in accordance with 

§ 319.56–5. 

(2) Area of low pest prevalence and 

pest management: Under this mitigation 

measure, the NPPO of Spain must visit 

and visually inspect registered places of 

production during the growing season 

and harvest period for signs of C. 

funebrana to demonstrate that the 

places of production have a low 

prevalence of C. funebrana and to verify 

that the growers are complying with the 

requirements of this paragraph. The 

NPPO of Spain must also sample and 

visually inspect a quantity of fruit 

specified in the workplan. Trapping 

must also be conducted in the places of 

production to demonstrate that the 

places of production have a low 

prevalence of C. funebrana. If the 

prevalence of any life stage of C. 

funebrana rises above levels specified in 

the bilateral workplan, remedial 

measures approved jointly by APHIS 

and the NPPO of Spain must be 

implemented. The NPPO of Spain must 

keep records of the placement of traps, 

trap visits, trap counts, and treatments 

for each registered place of production 

and make the records available to 

APHIS upon request. 

(g) C. capitata. (1) Trapping must be 

conducted in the places of production to 

demonstrate that those places of 

production have a low prevalence of C. 

capitata. Specific trapping requirements 

are included in the bilateral workplan. 

If the prevalence rises above levels 

specified in the bilateral workplan, 

remedial measures approved jointly by 

APHIS and the NPPO of Spain must be 

implemented. The NPPO of Spain must 

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6232 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules 

keep records of the placement of traps, 

trap visits, trap counts, and treatments 

for each registered place of production 

and make the records available to 

APHIS upon request. 

(2) All apricots for export from 

continental Spain to the United States 

must be treated for C. capitata in 

accordance with part 305 of this 

chapter. 

(h) Post-harvest procedures. The 

apricots must be safeguarded by a pestproof screen, plastic tarpaulin, or by 

some other pest-proof barrier while in 

transit to the packinghouse and while 

awaiting packing. They must be packed 

within 24 hours of harvest into pestproof cartons or containers or covered 

with pest-proof mesh or a plastic 

tarpaulin for transport to the United 

States. These safeguards must remain 

intact until arrival of the consignment in 

the United States. 

(i) Packinghouse requirements. 

Packing of apricots for export to the 

United States must be conducted within 

a packinghouse registered and approved 

by the NPPO of Spain. Packinghouses in 

which apricots are packed for export to 

the United States must be able to 

exclude quarantine pests. 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 self-closing doors at the entrance 

to the facility and at the interior 

entrance to the area where the apricots 

are to be packed. During the time the 

packinghouse is used to pack and export 

apricot fruit to the United States, the 

packinghouse must only accept fruit 

from places of production registered and 

approved by the NPPO of Spain. 

(j) Phytosanitary inspection. (1) A 

biometric sample of apricot fruit jointly 

agreed upon by APHIS and the NPPO of 

Spain must be inspected in Spain by the 

NPPO of Spain following post-harvest 

processing. The sample must be visually 

inspected for the quarantine pests A. 

erythrostoma, C. funebrana, and M. 

fructigena. A portion of the fruit must be 

cut open and inspected for C. capitata. 

If any of these quarantine pests are 

found, the entire consignment of apricot 

fruit will be prohibited from 

importation into the United States. 

(2) Fruit presented for inspection at a 

U.S. port of entry must be identified in 

the shipping documents accompanying 

each lot of fruit that specify the place of 

production in which the fruit was 

produced and the packinghouse in 

which the fruit was processed. This 

identification must be maintained until 

the fruit is released for entry into the 

United States. 

(k) Phytosanitary certificate. Each 

consignment of apricot fruit must be 

accompanied by a phytosanitary 

certificate issued by the NPPO of Spain 

that states that the fruit has been treated 

for C. capitata in accordance with 7 CFR 

part 305 and includes an additional 

declaration that the fruit in the 

consignment was inspected and found 

free from A. erythrostoma, C. capitata, 

C. funebrana, and M. fructigena. 

Done in Washington, DC, this 25th day of 

January 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–02021 Filed 1–29–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2012–BT–TP–0013] 

RIN 1904–AC71 

Energy Conservation Program: Test 

Procedures for Conventional Cooking 

Products With Induction Heating 

Technology 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking; 

public meeting. 

SUMMARY: The U.S. Department of 

Energy (DOE) proposes to revise its test 

procedures for cooking products 

established under the Energy Policy and 

Conservation Act. Test procedures for 

cooking products can be found at DOE’s 

regulations for Energy Conservation 

Program for Consumer Products, subpart 

B, appendix I (Appendix I). The 

proposed amendments to Appendix I 

would amend the test method for 

measuring the energy efficiency of 

induction cooking tops and ranges. 

Appendix I does not currently include 

any test methods applicable to 

induction cooking products. The 

proposed amendments would 

incorporate induction cooking tops by 

amending the definition of 

‘‘conventional cooking top’’ to include 

induction heating technology. 

Furthermore, the proposed amendments 

would require for cooking tops the use 

of test equipment compatible with 

induction technology as well as with gas 

burners and electric resistance heating 

elements. Specifically, the amendments 

would replace the solid aluminum test 

blocks currently specified in the test 

procedure for cooking tops with hybrid 

test blocks comprising two separate 

pieces: an aluminum body and a 

stainless steel base. Appendix I 

currently specifies the test block size for 

electric cooking tops based on the 

surface unit diameter; however, there 

are no provisions for determining which 

test block size to use for non-circular 

electric surface units. The proposed 

amendments include a clarification that 

the test block size be determined using 

the smallest dimension of the electric 

surface unit. 

DATES: DOE will accept comments, data, 

and information regarding this notice of 

proposed rulemaking (NOPR) before and 

after the public meeting, but no later 

than April 15, 2013. See section V, 

‘‘Public Participation,’’ for details. 

DOE will hold a public meeting on 

Monday, March 4, 2013, from 9 a.m. to 

4 p.m., in Washington, DC. The meeting 

will also be broadcast as a Webinar. See 

section V, ‘‘Public Participation,’’ for 

Webinar registration information, 

participant instructions, and 

information about the capabilities 

available to Webinar participants. 

ADDRESSES: The public meeting will be 

held at the U.S. Department of Energy, 

Forrestal Building, Room 8E–089, 1000 

Independence Avenue SW., 

Washington, DC 20585. To attend, 

please notify Ms. Brenda Edwards at 

(202) 586–2945. Persons can attend the 

public meeting via Webinar. For more 

information, refer to the Public 

Participation section near the end of this 

notice. 

Comments: Comments may be 

submitted using any of the following 

methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: Induction-Cooking-Prod2012–TP–0013@ee.doe.gov Include the 

docket number and/or RIN in the 

subject line of the message. 

3. Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

CD. It is not necessary to include 

printed copies. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD. It is not 

necessary to include printed copies. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section V of this document (Public 

Participation). 

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