Importation of Litchi Fruit From Australia, 81401-81404 [2011-33201]
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81401
Proposed Rules
Federal Register
Vol. 76, No. 249
Wednesday, December 28, 2011
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.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2009–0084]
RIN 0579–AD56
Importation of Litchi Fruit From
Australia
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
We are proposing to allow,
under certain conditions, the
importation of commercial shipments of
litchi fruit from Australia into the
continental United States, except
Florida. As a condition of entry, the
litchi fruit would have to be grown in
production areas that are registered with
and monitored by the national plant
protection organization of Australia and
treated with irradiation at a dose of 400
gray for plant pests of the class Insecta,
except pupae and adults of the order
Lepidoptera, and subject to inspection.
The fruits would also have to be
accompanied by a phytosanitary
certificate with an additional
declaration stating that the conditions
for importation have been met.
Additionally, litchi would not be
imported into or distributed to the State
of Florida, due to the presence of litchi
rust mite in Australia. This action
would allow for the importation of litchi
fruit from Australia into the continental
United States, except Florida, while
continuing to provide protection against
the introduction of quarantine pests.
DATES: We will consider all comments
that we receive on or before February
27, 2012.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!documentDetail;D=APHIS-2009-00840001.
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SUMMARY:
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• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2009–0084, 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 https://
www.regulations.gov/
#!docketDetail;D=APHIS-2009-0084 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) 6902817
before coming.
FOR FURTHER INFORMATION CONTACT: Ms.
Dorothy C. Wayson, Regulatory
Coordination Specialist, PPQ, APHIS,
4700 River Road Unit 141, Riverdale,
MD 20737–1231; (301) 734–0772.
SUPPLEMENTARY INFORMATION:
into the Continental United States’’
(November 2008). That PRA evaluates
the risks associated with the
importation of litchi fruit with up to 5
millimeters of stem into the continental
United States from Australia. The
threshold allowing for a maximum of 5
millimeters of stem on the imported
litchi fruit was included in Australia’s
request and therefore established as the
allowable limit in the PRA.
The PRA identified 15 pests of
quarantine significance present in
Australia that could be introduced into
the United States through the
importation of litchi fruit, including 3
fruit flies, 7 lepidopteran pests, 2 scales,
2 insect pests, and 1 mite.
Background
The regulations in ‘‘Subpart—Fruits
and Vegetables’’ (7 CFR 319.56–1
through 319.56–54, referred to below as
the regulations) prohibit or restrict the
importation of fruits and vegetables into
the United States from certain parts of
the world to prevent the introduction
and dissemination of plant pests that are
new to or not widely distributed within
the United States.
The national plant protection
organization (NPPO) of Australia has
requested that the Animal and Plant
Health Inspection Service (APHIS)
amend the regulations to allow fresh
litchi fruit (Litchi chinensis Sonn.) from
Australia to be imported into the
continental United States. As part of our
evaluation of Australia’s request, we
prepared a pest risk assessment (PRA)
and a risk management document.
Copies of the PRA and risk management
document may be obtained from the
person listed under FOR FURTHER
INFORMATION CONTACT or viewed on the
Regulations.gov Web site or in our
reading room (see ADDRESSES above for
a link to Regulations.gov and
information on the location and hours of
the reading room).
As part of our evaluation of that
request, we prepared a PRA titled
‘‘Importation of Fresh Litchi, Litchi
chinensis Sonn. Fruit from Australia
Yellow peach moth (Conogethes
punctiferalis).
Litchi fruit moth (Cryptophlebia
ombrodelta).
Orange fruit borer (Isotenes
miserana).
The moth Cateremna quadriguttella.
Bright cornelian (Deudorix diovis).
Dull cornelian (Deudorix epijarbas
dido).
Flower caterpillar (Phycita
leucomilta).
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Fruit flies
Jarvis’s fruit fly (Bactrocera jarvisi).
Queensland fruit fly (Bactrocera
tryoni).
Mediterranean fruit fly (Ceratitis
capitata).
Lepidopteran pests
Scales
Red wax scale (Ceroplastes rubens).
Green scale (Coccus viridis).
Insect pests
Spherical mealybug (Nipaecoccus
viridis).
Passionvine mealybug (Planococcus
minor).
Mite
Litchi hairy mite (Aceria litchii).
Proposed Systems Approach
Based on the risk management
document, APHIS has determined that
measures beyond the standard port of
arrival inspection are required to
mitigate the risks posed by these plant
pests. Therefore, we are proposing to
allow the importation of litchi from
Australia into the United States only if
they are produced in accordance with a
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systems approach to mitigate pest risk
as outlined below. We are proposing to
add the systems approach to the
regulations in a new § 319.56–55
governing the importation of litchi from
Australia.
Place of Production Requirements
Paragraph (a) of proposed § 319.56–55
would require that litchi fruit be grown
in approved places of production that
are registered with and monitored by
the NPPO of Australia.
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Treatment
Paragraph (b) of proposed § 319.56–55
would require that litchi fruit be treated
with a minimum absorbed irradiation
dose of 400 gray in accordance with the
provisions of § 305.9 and the PPQ
Treatment Manual (table 3–8–1). This is
the established generic dose for all
insect pests except pupae and adults of
the order Lepidoptera. Seven of the
insect pests of concern, yellow peach
moth, litchi fruit moth, orange fruit
borer, the moth Cateremna
quadriguttella, bright cornelian, dull
cornelian, and flower caterpillar, belong
to the order Lepidoptera, and the 400
gray dose is not approved to treat pupae
and adults of the order Lepidoptera.
However, the life stages of concern for
these pests are the eggs and the larvae,
because the eggs and the larvae of these
species are internal feeders and thus
difficult to detect through inspection;
the 400 gray dose is approved to treat
those stages of the life cycle for
Lepidoptera pests. The pupae and
adults of these species are external
feeders, and we are confident that
inspection can detect them. Within part
305, § 305.9 contains a number of other
requirements for irradiation treatment,
including monitoring by APHIS
inspectors and safeguarding of the fruit.
Treatment could be conducted at an
approved facility in Australia or in the
United States.
Paragraph (c) would require that each
shipment of fruit be accompanied by a
phytosanitary certificate issued by the
NPPO of Australia containing an
additional declaration stating that the
conditions for importation have been
met.
Distribution Restrictions
The required irradiation treatment
would not mitigate the risks posed by
the litchi hairy mite (Aceria litchii), and
because of the mite’s microscopic size,
inspection alone is not considered
sufficient to mitigate the risk of
introduction into the United States.
Based on the distribution and reported
host range of this pest, we estimate it
could establish in the continental
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United States in USDA Plant Hardiness
Zones 9 through 11. Neither of its two
hosts, longan or litchi, occur naturally
in the United States; however, both
litchis and longans are commercially
grown in the State of Florida and the
climatic conditions in Florida present
the highest risk for establishment of the
pest. For this reason, our regulations
generally prohibit the movement of
litchi into Florida from areas where the
litchi hairy mite is present. Litchi from
China, India, and Thailand that are
imported under § 319.56–13 and
§ 319.56–47, respectively, are also not
allowed to be imported or distributed in
Florida.
Because the litchi hairy mite is not
present in Florida and because we have
consistently prohibited host movement
into Florida from areas where that pest
is present, we propose to prohibit the
importation and distribution of litchi
from Australia into the State of Florida.
Accordingly, paragraph § 319.56–55 (d)
would stipulate that all cartons of litchi
would have to be stamped ‘‘Not for
importation into or distribution in FL.’’
Commercial Shipments
Paragraph (e) would state that only
commercial consignments of litchi fruit
would be allowed to be imported.
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 shipments, as defined in
§ 319.56–1, are shipments of fruits and
vegetables that an inspector identifies as
having been produced for sale and
distribution in mass markets.
Identification of a particular shipment
as commercial is based on a variety of
indicators, including, but not limited to,
the quantity of produce, the type of
packaging, identification of a grower or
packinghouse on the packaging, and
documents consigning the shipment to
a wholesaler or retailer.
Commercially produced fruit in
Australia are already subjected to
standard commercial cultural and postharvest practices that reduce the risk
associated with plant pests. While not
specifically required by this proposal,
standard cultural practices other than
the twice yearly application of broad
spectrum fungicides (e.g., the regular
use of sanitation measures, irrigation,
fertilization, and pest control) help to
further ensure that the pests of concern
do not follow the pathway. All export
orchards are registered production sites
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with traceback capability. Harvested
fruit is moved to the packinghouses in
a manner that would preclude
reinfestation by pests. Culling of
blemished and damaged fruit occurs in
the field and during the post-harvest
commercial processing of the fruit.
The regulations in § 319.56–3 provide
that all imported fruits and vegetables
shall be inspected, and shall be subject
to such disinfection at the port of first
arrival as may be required by an
inspector. The pre-export inspection
conducted by APHIS personnel as part
of preclearance activities in the country
of export typically serves to satisfy the
inspection requirement. Section 319.56–
3 also provides that any shipment of
fruits and vegetables may be refused
entry if the shipment is so infested with
plant pests that an inspector determines
that it cannot be cleaned or treated. We
believe that the proposed conditions
described above, as well as all other
applicable requirements in § 319.56–3,
would be adequate to prevent the
introduction of plant pests into the
continental United States, except
Florida, with litchi fruit imported from
Australia.
The proposed conditions described
above for the importation of litchi fruit
from Australia into the continental
United States, except Florida, would be
added to the fruits and vegetables
regulations as a new § 319.56–55.
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 is in response to
a request from Australia to export fresh
litchis to all States in the United States
except Florida. Litchi is grown in
Florida, Hawaii, and California, and
U.S. production is estimated to be about
500 metric tons (MT) per year. Based on
available information, most, if not all,
litchi farms are small entities.
The United States imports litchis from
such countries as Taiwan, China, Israel,
and Mexico. Australia expects to export
about 400 MT of litchis to the United
States annually. This amount is
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equivalent to less than 3 percent of the
quantity of litchis that was imported by
the United States in 2004, the latest year
for which we have data. Most likely, the
quantity of litchis expected to be
imported from Australia is of even
lesser significance when compared to
current litchi imports by the United
States, given the expanding demand for
this fruit.
Any litchi price declines that might
result from this rule would be
insignificant, especially if, as is likely,
at least some litchi imports from
Australia were to displace imports from
other countries. Moreover, given that
the agricultural seasons in the Southern
Hemisphere are generally the opposite
of those in the Northern Hemisphere,
the proposed imports from Australia
likely would not directly compete with
U.S. litchi production.
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.
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Executive Order 12988
This proposed rule would allow litchi
fruit to be imported into the United
States from Australia. If this proposed
rule is adopted, State and local laws and
regulations regarding litchi fruit
imported under this rule would be
preempted while the fruit 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 ultimate
consumer. The question of when foreign
commerce ceases in other cases must be
addressed on a case-by-case basis. If this
proposed rule is adopted, no retroactive
effect will be given to this rule, and this
rule will not require administrative
proceedings before parties may file suit
in court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the information
collection or recordkeeping
requirements included in this proposed
rule have been submitted for approval to
the Office of Management and Budget
(OMB). Please send written comments
to the Office of Information and
Regulatory Affairs, OMB, Attention:
Desk Officer for APHIS, Washington, DC
20503. Please state that your comments
refer to Docket No. APHIS–2009–0084.
Please send a copy of your comments to:
(1) Docket No. APHIS–2009–0084,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
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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 litchi fruit
from Australia. The conditions for the
importation of litchi fruit from Australia
include requirements for pest exclusion
at the production site, irradiation
treatment, pest-excluding packinghouse
procedures and port-of-entry
inspections. The litchi would also be
required to be accompanied by a
phytosanitary certificate issued by the
national plant protection organization
(NPPO) of Australia with an additional
declaration confirming that the litchi
had been produced in accordance with
the proposed requirements. This action
would allow for the importation of litchi
fruit from Australia while continuing to
provide protection against the
introduction of injurious plant pests
into the United States.
Implementing this rule will require
the completion of phytosanitary
certificates, compliance agreements,
preclearance workplans, treatment
records and trust fund agreements. 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 0.5455 hours per
response.
Respondents: Foreign business and
NPPO of Australia.
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81403
Estimated annual number of
respondents: 2.
Estimated annual number of
responses per respondent: 11.
Estimated annual number of
responses: 22.
Estimated total annual burden on
respondents: 12 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 EGovernment 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 § 319.56–55 is added to read
as follows:
§ 319.56–55 Litchi from Australia
(including Tasmania).
Litchi (Litchi chinensis) with up to 5
millimeters of stem may be imported
into the continental United States from
Australia only under the following
conditions and in accordance with all
other applicable provisions of this
subpart:
(a) Litchi must be grown in a
production area that is registered with
and monitored by the national plant
protection organization (NPPO) of
Australia.
(b) The litchi must be treated for plant
pests of the class Insecta, except pupae
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and adults of the order Lepidoptera,
with irradiation in accordance with
§ 305.9 of this chapter. Treatment must
be conducted prior to importation of the
fruits into the United States.
(c) Each shipment of litchi must be
accompanied by a phytosanitary
certificate of inspection issued by the
NPPO of Australia with an additional
declaration stating that the litchi were
treated with irradiation as described in
the Plant Protection and Quarantine
Treatment Manual.
(d) In addition to meeting the labeling
requirements in Part 305 of this chapter,
cartons in which litchi are packed must
be stamped ‘‘Not for importation into or
distribution in FL.’’
(e) The litchi may be imported in
commercial consignments only.
Done in Washington, DC, this 19th day of
December 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011–33201 Filed 12–27–11; 8:45 am]
BILLING CODE 3410–34–P
Background
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 92
[Docket No. APHIS–2007–0158]
RIN 0579–AD30
Information From Foreign Regions
Applying for Recognition of Animal
Health Status
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
We are proposing to amend
the regulations that govern the
importation of animals and animal
products by revising the list of factors
APHIS considers when evaluating the
animal health status of a foreign region.
Additionally, we are proposing criteria
for considering a region to be
historically free of a specific disease.
These changes would make clearer the
type of information APHIS needs from
a requesting region to most
expeditiously conduct an evaluation.
DATES: We will consider all comments
that we receive on or before February
27, 2012.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!documentDetail;D=APHIS-2007-01580001.
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SUMMARY:
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• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2007–0158, 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 https://
www.regulations.gov/
#!docketDetail;D=APHIS-2007-0158 or
in our reading room, which is located in
room 1141 of the USDA South Building,
14th Street and Independence Avenue
SW., Washington, DC. Normal reading
room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 690–2817
before coming.
FOR FURTHER INFORMATION CONTACT: Dr.
Kelly Rhodes, Regionalization
Evaluation Services, Sanitary Trade
Issues Team, National Center for Import
and Export, VS, APHIS, 4700 River
Road Unit 38, Riverdale, MD 20737–
1231; (301) 734–4356.
SUPPLEMENTARY INFORMATION:
The regulations in 9 CFR part 92,
‘‘Importation of Animals and Animal
Products; Procedures for Requesting
Recognition of Regions’’ (referred to
below as the regulations), set forth the
process by which a foreign government
may request recognition of the animal
health status of a region.
Section 92.2 of the regulations
requires that such requests be
accompanied by information regarding
the region that will enable the Animal
and Plant Health Inspection Service
(APHIS) of the U.S. Department of
Agriculture to evaluate the request.
Currently, the provisions in paragraph
(b) of § 92.2 state that each request must
include the following information,
which APHIS commonly refers to as
‘‘the 11 factors’’:
• The authority, organization, and
infrastructure of the veterinary services
organization in the region.
• Disease status, i.e., is the restricted
disease agent known to exist in the
region? If ‘‘yes,’’ at what prevalence? If
‘‘no,’’ when was the most recent
diagnosis?
• The status of adjacent regions with
respect to the agent.
• The extent of an active disease
control program, if any, if the agent is
known to exist in the region.
• The vaccination status of the region.
When was the last vaccination? What is
the extent of vaccination if it is
currently used, and what vaccine is
being used?
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• The degree to which the region is
separated from adjacent regions of
higher risk through physical or other
barriers.
• The extent to which movement of
animals and animal products is
controlled from regions of higher risk,
and the level of biosecurity regarding
such movements.
• Livestock demographics and
marketing practices in the region.
• The type and extent of disease
surveillance in the region, e.g., is it
passive and/or active; what is the
quantity and quality of sampling and
testing?
• Diagnostic laboratory capabilities.
• Policies and infrastructure for
animal disease control in the region, i.e.,
emergency response capacity.
Current paragraph (e) of § 92.2
provides that if, after evaluating the
information submitted, APHIS believes
the action being requested can be safely
taken, the Agency will publish a
proposed rule in the Federal Register
proposing to take such action and will
provide a period of time during which
the public may comment on the
proposal. Current paragraph (f) of § 92.2
provides that, during the comment
period, the public will have access both
to the information upon which APHIS
based its analysis of risk and the
analysis itself. Once APHIS reviews and
considers all comments received, it
makes a final decision regarding the
request and publishes that decision in
the Federal Register.
In order to conduct a valid evaluation
of a region’s animal health status and
any risk that might be associated with
the action requested, it is important that
APHIS have complete and pertinent
information regarding the region, its
disease history, its animal health
practices and capabilities, and any effect
its import practices or relationship to
adjacent regions might have on disease
risk.
The 11 factors listed in § 92.2(b)
specify the types of information APHIS
needs to accomplish its evaluation. To
assist foreign governments making a
request under § 92.2, APHIS also makes
available on its Web site detailed
guidance as to the types of information
required. This guidance is forth in a
document titled ‘‘Clarification of
Information Requested for Recognition
of a Region,’’ which can be viewed at
https://www.aphis.usda.gov/
import_export/downloads/
info_request.pdf.
Each year, APHIS receives a number
of requests to evaluate the animal health
status of foreign regions. However, the
evaluation process is often hindered
because, even with the assistance of the
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[Federal Register Volume 76, Number 249 (Wednesday, December 28, 2011)]
[Proposed Rules]
[Pages 81401-81404]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33201]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
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.
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Federal Register / Vol. 76, No. 249 / Wednesday, December 28, 2011 /
Proposed Rules
[[Page 81401]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2009-0084]
RIN 0579-AD56
Importation of Litchi Fruit From Australia
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to allow, under certain conditions, the
importation of commercial shipments of litchi fruit from Australia into
the continental United States, except Florida. As a condition of entry,
the litchi fruit would have to be grown in production areas that are
registered with and monitored by the national plant protection
organization of Australia and treated with irradiation at a dose of 400
gray for plant pests of the class Insecta, except pupae and adults of
the order Lepidoptera, and subject to inspection. The fruits would also
have to be accompanied by a phytosanitary certificate with an
additional declaration stating that the conditions for importation have
been met. Additionally, litchi would not be imported into or
distributed to the State of Florida, due to the presence of litchi rust
mite in Australia. This action would allow for the importation of
litchi fruit from Australia into the continental United States, except
Florida, while continuing to provide protection against the
introduction of quarantine pests.
DATES: We will consider all comments that we receive on or before
February 27, 2012.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/#!documentDetail;D=APHIS-2009-0084-0001.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2009-0084, 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 https://www.regulations.gov/#!docketDetail;D=APHIS-2009-
0084 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) 6902817 before coming.
FOR FURTHER INFORMATION CONTACT: Ms. Dorothy C. Wayson, Regulatory
Coordination Specialist, PPQ, APHIS, 4700 River Road Unit 141,
Riverdale, MD 20737-1231; (301) 734-0772.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-54, referred to below as the regulations)
prohibit or restrict the importation of fruits and vegetables into the
United States from certain parts of the world to prevent the
introduction and dissemination of plant pests that are new to or not
widely distributed within the United States.
The national plant protection organization (NPPO) of Australia has
requested that the Animal and Plant Health Inspection Service (APHIS)
amend the regulations to allow fresh litchi fruit (Litchi chinensis
Sonn.) from Australia to be imported into the continental United
States. As part of our evaluation of Australia's request, we prepared a
pest risk assessment (PRA) and a risk management document. Copies of
the PRA and risk management document may be obtained from the person
listed under FOR FURTHER INFORMATION CONTACT or viewed on the
Regulations.gov Web site or in our reading room (see ADDRESSES above
for a link to Regulations.gov and information on the location and hours
of the reading room).
As part of our evaluation of that request, we prepared a PRA titled
``Importation of Fresh Litchi, Litchi chinensis Sonn. Fruit from
Australia into the Continental United States'' (November 2008). That
PRA evaluates the risks associated with the importation of litchi fruit
with up to 5 millimeters of stem into the continental United States
from Australia. The threshold allowing for a maximum of 5 millimeters
of stem on the imported litchi fruit was included in Australia's
request and therefore established as the allowable limit in the PRA.
The PRA identified 15 pests of quarantine significance present in
Australia that could be introduced into the United States through the
importation of litchi fruit, including 3 fruit flies, 7 lepidopteran
pests, 2 scales, 2 insect pests, and 1 mite.
Fruit flies
Jarvis's fruit fly (Bactrocera jarvisi).
Queensland fruit fly (Bactrocera tryoni).
Mediterranean fruit fly (Ceratitis capitata).
Lepidopteran pests
Yellow peach moth (Conogethes punctiferalis).
Litchi fruit moth (Cryptophlebia ombrodelta).
Orange fruit borer (Isotenes miserana).
The moth Cateremna quadriguttella.
Bright cornelian (Deudorix diovis).
Dull cornelian (Deudorix epijarbas dido).
Flower caterpillar (Phycita leucomilta).
Scales
Red wax scale (Ceroplastes rubens).
Green scale (Coccus viridis).
Insect pests
Spherical mealybug (Nipaecoccus viridis).
Passionvine mealybug (Planococcus minor).
Mite
Litchi hairy mite (Aceria litchii).
Proposed Systems Approach
Based on the risk management document, APHIS has determined that
measures beyond the standard port of arrival inspection are required to
mitigate the risks posed by these plant pests. Therefore, we are
proposing to allow the importation of litchi from Australia into the
United States only if they are produced in accordance with a
[[Page 81402]]
systems approach to mitigate pest risk as outlined below. We are
proposing to add the systems approach to the regulations in a new Sec.
319.56-55 governing the importation of litchi from Australia.
Place of Production Requirements
Paragraph (a) of proposed Sec. 319.56-55 would require that litchi
fruit be grown in approved places of production that are registered
with and monitored by the NPPO of Australia.
Treatment
Paragraph (b) of proposed Sec. 319.56-55 would require that litchi
fruit be treated with a minimum absorbed irradiation dose of 400 gray
in accordance with the provisions of Sec. 305.9 and the PPQ Treatment
Manual (table 3-8-1). This is the established generic dose for all
insect pests except pupae and adults of the order Lepidoptera. Seven of
the insect pests of concern, yellow peach moth, litchi fruit moth,
orange fruit borer, the moth Cateremna quadriguttella, bright
cornelian, dull cornelian, and flower caterpillar, belong to the order
Lepidoptera, and the 400 gray dose is not approved to treat pupae and
adults of the order Lepidoptera. However, the life stages of concern
for these pests are the eggs and the larvae, because the eggs and the
larvae of these species are internal feeders and thus difficult to
detect through inspection; the 400 gray dose is approved to treat those
stages of the life cycle for Lepidoptera pests. The pupae and adults of
these species are external feeders, and we are confident that
inspection can detect them. Within part 305, Sec. 305.9 contains a
number of other requirements for irradiation treatment, including
monitoring by APHIS inspectors and safeguarding of the fruit. Treatment
could be conducted at an approved facility in Australia or in the
United States.
Paragraph (c) would require that each shipment of fruit be
accompanied by a phytosanitary certificate issued by the NPPO of
Australia containing an additional declaration stating that the
conditions for importation have been met.
Distribution Restrictions
The required irradiation treatment would not mitigate the risks
posed by the litchi hairy mite (Aceria litchii), and because of the
mite's microscopic size, inspection alone is not considered sufficient
to mitigate the risk of introduction into the United States. Based on
the distribution and reported host range of this pest, we estimate it
could establish in the continental United States in USDA Plant
Hardiness Zones 9 through 11. Neither of its two hosts, longan or
litchi, occur naturally in the United States; however, both litchis and
longans are commercially grown in the State of Florida and the climatic
conditions in Florida present the highest risk for establishment of the
pest. For this reason, our regulations generally prohibit the movement
of litchi into Florida from areas where the litchi hairy mite is
present. Litchi from China, India, and Thailand that are imported under
Sec. 319.56-13 and Sec. 319.56-47, respectively, are also not allowed
to be imported or distributed in Florida.
Because the litchi hairy mite is not present in Florida and because
we have consistently prohibited host movement into Florida from areas
where that pest is present, we propose to prohibit the importation and
distribution of litchi from Australia into the State of Florida.
Accordingly, paragraph Sec. 319.56-55 (d) would stipulate that all
cartons of litchi would have to be stamped ``Not for importation into
or distribution in FL.''
Commercial Shipments
Paragraph (e) would state that only commercial consignments of
litchi fruit would be allowed to be imported. 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 shipments, as defined in
Sec. 319.56-1, are shipments of fruits and vegetables that an
inspector identifies as having been produced for sale and distribution
in mass markets. Identification of a particular shipment as commercial
is based on a variety of indicators, including, but not limited to, the
quantity of produce, the type of packaging, identification of a grower
or packinghouse on the packaging, and documents consigning the shipment
to a wholesaler or retailer.
Commercially produced fruit in Australia are already subjected to
standard commercial cultural and post-harvest practices that reduce the
risk associated with plant pests. While not specifically required by
this proposal, standard cultural practices other than the twice yearly
application of broad spectrum fungicides (e.g., the regular use of
sanitation measures, irrigation, fertilization, and pest control) help
to further ensure that the pests of concern do not follow the pathway.
All export orchards are registered production sites with traceback
capability. Harvested fruit is moved to the packinghouses in a manner
that would preclude reinfestation by pests. Culling of blemished and
damaged fruit occurs in the field and during the post-harvest
commercial processing of the fruit.
The regulations in Sec. 319.56-3 provide that all imported fruits
and vegetables shall be inspected, and shall be subject to such
disinfection at the port of first arrival as may be required by an
inspector. The pre-export inspection conducted by APHIS personnel as
part of preclearance activities in the country of export typically
serves to satisfy the inspection requirement. Section 319.56-3 also
provides that any shipment of fruits and vegetables may be refused
entry if the shipment is so infested with plant pests that an inspector
determines that it cannot be cleaned or treated. We believe that the
proposed conditions described above, as well as all other applicable
requirements in Sec. 319.56-3, would be adequate to prevent the
introduction of plant pests into the continental United States, except
Florida, with litchi fruit imported from Australia.
The proposed conditions described above for the importation of
litchi fruit from Australia into the continental United States, except
Florida, would be added to the fruits and vegetables regulations as a
new Sec. 319.56-55.
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 is in response to a request from Australia to
export fresh litchis to all States in the United States except Florida.
Litchi is grown in Florida, Hawaii, and California, and U.S. production
is estimated to be about 500 metric tons (MT) per year. Based on
available information, most, if not all, litchi farms are small
entities.
The United States imports litchis from such countries as Taiwan,
China, Israel, and Mexico. Australia expects to export about 400 MT of
litchis to the United States annually. This amount is
[[Page 81403]]
equivalent to less than 3 percent of the quantity of litchis that was
imported by the United States in 2004, the latest year for which we
have data. Most likely, the quantity of litchis expected to be imported
from Australia is of even lesser significance when compared to current
litchi imports by the United States, given the expanding demand for
this fruit.
Any litchi price declines that might result from this rule would be
insignificant, especially if, as is likely, at least some litchi
imports from Australia were to displace imports from other countries.
Moreover, given that the agricultural seasons in the Southern
Hemisphere are generally the opposite of those in the Northern
Hemisphere, the proposed imports from Australia likely would not
directly compete with U.S. litchi production.
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 litchi fruit to be imported into the
United States from Australia. If this proposed rule is adopted, State
and local laws and regulations regarding litchi fruit imported under
this rule would be preempted while the fruit 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 ultimate consumer. The question of
when foreign commerce ceases in other cases must be addressed on a
case-by-case basis. If this proposed rule is adopted, no retroactive
effect will be given to this rule, and this rule will not require
administrative proceedings before parties may file suit in court
challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. APHIS-
2009-0084. Please send a copy of your comments to: (1) Docket No.
APHIS-2009-0084, 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 litchi fruit from Australia. The
conditions for the importation of litchi fruit from Australia include
requirements for pest exclusion at the production site, irradiation
treatment, pest-excluding packinghouse procedures and port-of-entry
inspections. The litchi would also be required to be accompanied by a
phytosanitary certificate issued by the national plant protection
organization (NPPO) of Australia with an additional declaration
confirming that the litchi had been produced in accordance with the
proposed requirements. This action would allow for the importation of
litchi fruit from Australia while continuing to provide protection
against the introduction of injurious plant pests into the United
States.
Implementing this rule will require the completion of phytosanitary
certificates, compliance agreements, preclearance workplans, treatment
records and trust fund agreements. 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 0.5455 hours per response.
Respondents: Foreign business and NPPO of Australia.
Estimated annual number of respondents: 2.
Estimated annual number of responses per respondent: 11.
Estimated annual number of responses: 22.
Estimated total annual burden on respondents: 12 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 EGovernment 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 Sec. 319.56-55 is added to read as follows:
Sec. 319.56-55 Litchi from Australia (including Tasmania).
Litchi (Litchi chinensis) with up to 5 millimeters of stem may be
imported into the continental United States from Australia only under
the following conditions and in accordance with all other applicable
provisions of this subpart:
(a) Litchi must be grown in a production area that is registered
with and monitored by the national plant protection organization (NPPO)
of Australia.
(b) The litchi must be treated for plant pests of the class
Insecta, except pupae
[[Page 81404]]
and adults of the order Lepidoptera, with irradiation in accordance
with Sec. 305.9 of this chapter. Treatment must be conducted prior to
importation of the fruits into the United States.
(c) Each shipment of litchi must be accompanied by a phytosanitary
certificate of inspection issued by the NPPO of Australia with an
additional declaration stating that the litchi were treated with
irradiation as described in the Plant Protection and Quarantine
Treatment Manual.
(d) In addition to meeting the labeling requirements in Part 305 of
this chapter, cartons in which litchi are packed must be stamped ``Not
for importation into or distribution in FL.''
(e) The litchi may be imported in commercial consignments only.
Done in Washington, DC, this 19th day of December 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-33201 Filed 12-27-11; 8:45 am]
BILLING CODE 3410-34-P