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

25620 

Vol. 78, No. 85 

Thursday, May 2, 2013 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2012–0078] 

RIN 0579–AD72 

Importation of Female Squash Flowers 

From Israel Into the Continental United 

States 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the regulations governing the 

importation of fruits and vegetables to 

allow the importation of female squash 

flowers from Israel into the continental 

United States. As a condition of entry, 

female squash flowers from Israel would 

be subject to a systems approach that 

would include requirements for pest 

exclusion at the production site and 

fruit fly trapping and monitoring. The 

female squash flowers would also be 

required to be accompanied by a 

phytosanitary certificate issued by the 

national plant protection organization of 

Israel with an additional declaration 

that the female squash flowers had been 

inspected and found free of quarantine 

pests. This action would allow for the 

importation of female squash flowers 

from Israel into the continental 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 July 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-2012-0078-0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2012–0078, 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-2012-0078 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, Senior Regulatory 

Policy Specialist, PPQ, APHIS, 4700 

River Road Unit 133, Riverdale, MD 

20737–1236; (301) 851–2289. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart–Fruits 

and Vegetables’’ (7 CFR 319.56–1 

through 319.56–58, 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. 

Male squash flowers from Israel are 

currently admissible into the 

continental United States. However, the 

importation of female flowers is not 

allowed because the immature fruit that 

may be attached to the female flowers is 

a potential host of quarantine pests. 

The national plant protection 

organization (NPPO) of Israel has 

requested that the Animal and Plant 

Health Inspection Service (APHIS) 

amend the regulations to allow female 

squash flowers from Israel to be 

imported into the continental United 

States. As part of our evaluation of 

Israel’s request, we prepared a pest risk 

assessment (PRA) and a risk 

management document (RMD). Copies 

of the PRA and 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). 

All female squash flowers may 

potentially have immature fruit 

attached. Although the fruit may be very 

small, it still poses a potential risk. 

Therefore, while we are proposing to 

allow the importation of female squash 

flowers specifically, the PRA, titled 

‘‘Importation of Fresh Fruit and Flowers 

of Summer Squash, Cucurbita pepo L., 

from Israel into the Continental United 

States: A Qualitative, Pathway-initiated 

Risk Assessment’’ (July 13, 2009), 

evaluates the risks associated with the 

importation of female squash flowers 

with and without fruit from Israel into 

the continental United States. 

The PRA identified two pests of 

quarantine significance present in Israel 

that could be introduced into the United 

States through the importation of 

immature fruit attached to female 

squash flowers. These are Ceratitis 

capitata (Mediterranean fruit fly or 

Medfly) and Dacus ciliatus (Ethiopian 

fruit fly). The documents also identified 

one pest that could be introduced by the 

importation of female squash flowers 

without fruit, Scirtothrips dorsalis 

(Chilli thrips), and one pest associated 

with both the female squash flower and 

squash fruit, Helicoverpa armigera 

(cotton bollworm). All four of these 

pests were determined to have a high 

risk potential. 

Based on the conclusions of the PRA 

and RMD, we are proposing to allow the 

importation of female squash flowers 

from Israel into the continental 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 pests. As a condition of entry, 

female squash flowers from Israel would 

be subject to requirements for pest 

exclusion at the production site, fruit fly 

trapping and monitoring, packing the 

flowers, and a phytosanitary certificate. 

The specific mitigation measures 

required in the systems approach are 

discussed below, as well as in the RMD. 

Production Site Requirements 

Under proposed § 319.56–59(a), 

female squash flowers from Israel would 

have to be grown in approved 

production sites registered with the 

NPPO of Israel. Initial approval of 

production sites would be completed 

jointly by the NPPO of Israel and 

APHIS. The NPPO of Israel would have 

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Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Proposed Rules 25621 

to visit and inspect the production sites 

to ensure that the necessary mitigation 

measures have been completed. APHIS 

would be able to monitor the production 

sites, if necessary. This condition would 

ensure that the required phytosanitary 

measures are properly implemented 

throughout the process of growing and 

packing female squash flowers for 

export to the United States. 

Production sites for female squash 

flowers would also have to be in pestexclusionary structures (PES). The PES 

would be required to have self-closing 

double doors, and all openings, 

including vents, to the outside of the 

PES would have to be covered by 

screening with mesh openings of not 

more than 1.6 mm. Screening with 

openings of not more than 1.6 mm will 

prevent the introduction of pests, 

including fruit flies. 

Mitigation Measures for Fruit Flies 

Proposed § 319.56–59(b) would 

address the mitigation measures 

required for fruit flies. The NPPO of 

Israel would be required to set, 

maintain, and monitor fruit fly traps 

with an APHIS-approved bait at a 

density of one trap per hectare, with a 

minimum of one trap inside each PES 

and one trap outside the entrance of 

each PES. The traps would have to be 

checked every 7 days. We also propose 

to require the NPPO of Israel to 

maintain records of trap placement, trap 

maintenance, and captures of any fruit 

flies of concern. The trapping records 

would have to be made available to 

APHIS upon request. 

Capture of a single fruit fly of concern 

inside a registered production site 

would immediately result in 

cancellation of exports to the United 

States from that production site. The 

detection of a fruit fly of concern in a 

consignment at the port of entry that is 

traced back to a production site would 

also result in immediate cancellation of 

exports to the United States from that 

production site. In both cases, exports 

from the production site in question 

could not resume until APHIS and the 

NPPO of Israel have mutually 

determined that the risk has been 

properly mitigated. 

Packinghouse Requirements 

Proposed § 319.56–59(c) would 

specify that, while being used for 

packing female squash flowers for 

export to the United States, the 

packinghouses would only be allowed 

to accept flowers from registered 

production sites. This requirement 

would reduce the risk that quarantine 

pests are introduced to flowers exported 

to the United States in the 

packinghouse. 

Post-Harvest Procedures 

Under proposed § 319.56–59(d), 

female squash flowers would have to be 

placed in cartons or containers while 

still in the PES. The cartons or 

containers would have to be marked to 

show the official registration number of 

the production site. The place of 

production where the flowers were 

grown must remain identifiable from the 

time when the blossoms leave the PES, 

to the packinghouse, and through the 

export process. This requirement would 

allow the shipments to be traced back to 

the production site in the event of the 

discovery of a pest. 

Commercial Consignments 

Under proposed § 319.56–59(e), only 

commercial consignments of female 

squash flowers would be allowed to be 

imported. 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. 

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. 

Inspection and Phytosanitary Certificate 

Because H. armigera and S. dorsalis 

are large external feeders that cause 

easily visible damage, they would likely 

be detected during inspection. Under 

proposed § 319.56–59(f), each 

consignment of female squash flowers 

would have to be accompanied by a 

phytosanitary certificate issued by the 

NPPO of Israel with an additional 

declaration stating that the consignment 

has been inspected and found free of C. 

capitata, D. ciliatus, H. armigera, and S. 

dorsalis. This requirement would certify 

that the provisions of the regulations 

have been met. 

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 amend the 

regulations to allow, under certain 

conditions, the importation of female 

squash flowers from Israel into the 

continental United States. Squash 

flowers have gained popularity as a 

garnish for dishes, desserts, and salads, 

and as an ingredient in other dishes. 

Marketing of commercially grown edible 

flowers is typically directed to upscale 

restaurants. 

Farms that solely produce squash 

flowers are rare. The blossoms are 

typically a byproduct of squash fruit 

production. Squash is commercially 

produced throughout the United States, 

but principally in Michigan, California, 

Florida, and Georgia. 

The Small Business Administration’s 

small-entity standard for U.S. farms that 

produce squash is annual receipts of not 

more than $750,000. In 2007, the 

average market value of sales by the 

11,821 U.S. farms that produced squash 

was about $17,222, well below the 

small-entity standard. We infer that by 

far most farms producing squash, 

including farms producing squash 

flowers, are small entities. 

Israel is expecting to export 10 metric 

tons of fresh female squash flowers 

annually to the United States. We do not 

know the quantity or value of female 

squash flower production in the United 

States, or the quantity or value of female 

squash flowers imported from other 

countries. Without basic production and 

trade information, we are unable to 

evaluate potential impacts of this 

proposed rule. We welcome information 

of this type that would permit an 

analysis of possible effects for U.S 

squash flower producers. 

Executive Order 12988 

This proposed rule would allow 

female squash flowers to be imported 

into the continental United States from 

Israel. If this proposed rule is adopted, 

State and local laws and regulations 

regarding female squash flowers 

imported under this rule would be 

preempted while the product is in 

foreign commerce. Fresh fruits and 

vegetables are generally imported for 

immediate distribution and sale to the 

consuming public and would remain in 

foreign commerce until sold to the 

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25622 Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Proposed Rules 

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–2012–0078. 

Please send a copy of your comments to: 

(1) Docket No. APHIS–2012–0078, 

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 

regulations governing the importation of 

fruits and vegetables to allow the 

importation of female squash flowers 

from Israel into the continental United 

States. As a condition of entry, female 

squash flowers from Israel would be 

subject to a systems approach that 

would include requirements for pest 

exclusion at the production site and 

fruit fly trapping and monitoring. The 

importation of female squash flowers 

from Israel will also require information 

collection activities that include 

production site registrations, trapping 

records, box markings, and 

phytosanitary certificates issued by the 

national plant protection organization of 

Israel with an additional declaration 

that the female squash flowers had been 

inspected and found free of quarantine 

pests. This action would allow for the 

importation of female squash flowers 

from Israel into the continental United 

States while continuing to provide 

protection against the introduction of 

quarantine pests. 

We are soliciting comments from the 

public (as well as affected agencies) 

concerning our proposed information 

collection and recordkeeping 

requirements. These comments will 

help us: 

(1) Evaluate whether the proposed 

information collection is necessary for 

the proper performance of our agency’s 

functions, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of our 

estimate of the burden of the proposed 

information collection, including the 

validity of the methodology and 

assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

information collection on those who are 

to respond (such as through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology; e.g., permitting 

electronic submission of responses). 

Estimate of burden: Public reporting 

burden for this collection of information 

is estimated to average 0.0455 hours per 

response. 

Respondents: Producers and 

importers of female squash flowers, and 

the NPPO of Israel. 

Estimated annual number of 

respondents: 6. 

Estimated annual number of 

responses per respondent: 1,743. 

Estimated annual number of 

responses: 10,458. 

Estimated total annual burden on 

respondents: 476 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. A new § 319.56–59 is added to read 

as follows: 

§ 319.56–59 Female squash flowers from 

Israel. 

Female squash flowers (Cucurbita 

pepo L.) may be imported into the 

continental United States from Israel 

only in accordance with this section and 

other applicable provisions of this 

subpart. These conditions are designed 

to prevent the introduction of the 

following quarantine pests: Ceratitis 

capitata, Dacus ciliatus, Helicoverpa 

armigera, and Scirtothrips dorsalis. 

(a) Production site requirements. (1) 

Production sites in which the female 

squash flowers are produced must be 

registered with the national plant 

protection organization (NPPO) of Israel. 

Initial approval of production sites must 

be completed jointly by the NPPO of 

Israel and APHIS. 

(2) The NPPO of Israel must visit and 

inspect the production sites. APHIS may 

monitor the production sites if 

necessary. 

(3) Production sites must be inside 

pest-exclusionary structures (PES). The 

PES must have self-closing double 

doors. All openings, including vents, to 

the outside of the PES must be covered 

by screening with mesh openings of not 

more than 1.6 mm. 

(b) Mitigation measures for fruit flies 

(C. capitata and D. ciliatus). (1) The 

NPPO of Israel must set and maintain 

fruit fly traps with an APHIS-approved 

bait at a rate of one trap per hectare, 

with a minimum of one trap in each PES 

and one outside the entrance of each 

PES. The NPPO of Israel must check the 

traps every 7 days and maintain records 

of trap placement, trap maintenance, 

and captures of any fruit flies of 

concern. The NPPO must maintain 

trapping records and make the records 

available to APHIS upon request. 

(2) Capture of a single fruit fly of 

concern inside a production site will 

immediately result in cancellation of 

exports to the United States from that 

production site. The detection of a fruit 

fly of concern in a consignment at the 

port of entry that is traced back to a 

production site will also result in 

immediate cancellation of exports to the 

United States from that production site. 

In both cases, exports from the 

production site in question may not 

resume until APHIS and the NPPO of 

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Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Proposed Rules 25623 

Israel have mutually determined that 

the risk has been properly mitigated. 

(c) Packinghouse requirements. While 

in use for exporting female squash 

flowers to the United States, the 

packinghouses may only accept flowers 

from registered production sites. 

(d) Post-harvest procedures. Before 

being removed from the PES, harvested 

female squash flowers must be placed in 

field cartons or containers that are 

marked to show the official registration 

number of the production site. The 

place of production where the flowers 

were grown must remain identifiable 

from the time when the blossoms leave 

the production site, to the 

packinghouse, and through the export 

process. 

(e) Commercial consignments. The 

female squash flowers may be imported 

in commercial consignments only. 

(f) Phytosanitary certificate. Each 

consignment must be accompanied by a 

phytosanitary certificate issued by the 

NPPO of Israel with an additional 

declaration stating that the consignment 

has been inspected and found free of 

Ceratitis capitata, Dacus ciliatus, 

Helicoverpa armigera, and Scirtothrips 

dorsalis. 

Done in Washington, DC, this 26th day of 

April 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–10382 Filed 5–1–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2012–0042] 

RIN 0579–AD69 

Importation of Fresh Beans, Shelled or 

in Pods, From Jordan Into the 

Continental United States 

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 commercial 

shipments of fresh beans, shelled or in 

pods (French, green, snap, and string), 

from Jordan into the continental United 

States. As a condition of entry, the 

beans would have to be produced in 

accordance with a systems approach 

that would include requirements for 

packing, washing, and processing. The 

beans would also be required to be 

accompanied by a phytosanitary 

certificate attesting that all 

phytosanitary requirements have been 

met and that the consignment was 

inspected and found free of quarantine 

pests. This action would allow for the 

importation of fresh beans, shelled or in 

pods, from Jordan into the continental 

United States while continuing to 

provide protection against the 

introduction of plant pests. 

DATES: We will consider all comments 

that we receive on or before July 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-2012-0042-0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2012–0042, 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-2012-0042 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. 

Marc Phillips, Senior Regulatory 

Coordination Specialist, Regulatory 

Coordination and Compliance, PPQ, 

APHIS, 4700 River Road Unit 156, 

Riverdale, MD 20737–1231; (301) 851– 

2114. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart-Fruits 

and Vegetables’’ (7 CFR 319.56–1 

through 319.56–58, 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, we do not allow the 

importation of fresh beans (Phaseolus 

vulgaris L.), shelled or in pods (French, 

green, snap, and string), from Jordan 

into the continental United States. The 

Animal and Plant Health Inspection 

Service (APHIS) received a request from 

the national plant protection 

organization (NPPO) of Jordan to allow 

such beans to be imported from Jordan 

into the continental United States (the 

lower 48 States, the District of 

Columbia, and Alaska). As part of our 

evaluation of Jordan’s request, we 

prepared a pest risk assessment (PRA) 

and a risk management document. 

Copies of the PRA and the risk 

management document 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 

Beans (Phaseolus vulgaris L.), Shelled or 

in Pods, from Jordan into the 

Continental United States: A 

Qualitative, Pathway-Initiated Risk 

Assessment’’ (February 2011), evaluates 

the risks associated with the 

importation of fresh beans into the 

continental United States from Jordan. 

The risk management document lists the 

phytosanitary measures necessary to 

ensure the safe importation into the 

United States of fresh beans from 

Jordan. 

The PRA identifies seven quarantine 

pests that could be introduced into the 

United States in consignments of fresh 

beans from Jordan. 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.’’ In the PRA, the likelihood 

and consequences of introducing these 

pests to the United States are 

considered. Five of the pests are 

considered to have high pest risk 

potentials, and two, medium pest risk 

potentials, as shown in the following 

chart: 

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