Importation of Fresh Pitaya Fruit From Central America Into the Continental United States, 22465-22467 [2012-9066]
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Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations
Road Unit 133, Riverdale, MD 20737–
1236; (301) 851–2103.
SUPPLEMENTARY INFORMATION:
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.
§ 319.56–34
[Amended]
2. In § 319.56–34, paragraph (f) is
amended as follows:
■ a. In the paragraph heading, by
removing the words ‘‘; rates of
inspection’’.
■ b. By removing the words ‘‘200 fruit’’
and adding in their place the words ‘‘a
sample of clementines determined by
APHIS’’.
■
Done in Washington, DC, this 9th day of
April 2012.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2012–9067 Filed 4–13–12; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2010–0113]
Executive Order 12866 and Regulatory
Flexibility Act
RIN 0579–AD40
Importation of Fresh Pitaya Fruit From
Central America Into the Continental
United States
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending the fruits
and vegetables regulations to allow the
importation of fresh pitaya fruit from
Central America into the continental
United States. As a condition of entry,
the pitaya fruit must be produced in
accordance with a systems approach
that includes requirements for
monitoring and oversight, establishment
of pest-free places of production, and
procedures for packing the pitaya fruit.
This action will allow for the
importation of pitaya fruit from Central
America into the continental United
States while continuing to provide
protection against the introduction of
plant pests.
DATES: Effective Date: May 16, 2012.
FOR FURTHER INFORMATION CONTACT: Mr.
David Lamb, Import Specialist,
Regulatory Coordination and
Compliance, PPQ, APHIS, 4700 River
emcdonald on DSK29S0YB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:33 Apr 13, 2012
Jkt 226001
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 within
the United States.
On May 24, 2011, we published in the
Federal Register (76 FR 30036–30040,
Docket No. APHIS–2010–0113) a
proposal 1 to amend the regulations by
allowing fresh pitaya from Central
America to be imported into the
continental United States. We proposed
that, as a condition of entry, the pitaya
fruit must be produced in accordance
with a systems approach that includes
requirements for monitoring and
oversight, establishment of pest-free
places of production, and procedures for
packing the pitaya fruit.
We solicited comments concerning
our proposal for 60 days ending July 25,
2011. We did not receive any comments.
Therefore, for the reasons given in the
proposed rule, we are adopting the
proposed rule as a final rule, without
change.
This final 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 footnote 1
for a link to Regulations.gov).
This rule will allow the importation
of fresh pitaya fruit into the continental
United States from the Central
American countries of Belize, Costa
Rica, El Salvador, Guatemala, Honduras,
Nicaragua, and Panama in accordance
with a systems approach that includes
requirements for monitoring and
oversight, establishment of pest-free
places of production, and procedures for
packing the pitaya fruit. Entities
potentially affected by the rule are U.S.
1 To view the proposed rule and supporting
documents, go to https://www.regulations.gov/
#!docketDetail;D=APHIS-2010-0113.
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
22465
pitaya fruit growers, of which most, if
not all, are small entities.
Pitaya fruit is produced in Hawaii,
California, and Florida, but the
quantities produced, numbers of U.S.
producers, quantities imported, and
other factors needed to assess likely
economic effects of this rule are not
known. The quantity of pitaya fruit
expected to be imported from Belize,
Costa Rica, El Salvador, Guatemala,
Honduras, and Panama is also
unknown. Nicaragua estimates
exporting 1,200 metric tons (60 fortyfoot containers) of pitaya fruit to the
continental U.S. annually, and it is
thought that the other countries may
ship similar or lesser amounts.
Executive Order 12988
This final rule allows fresh pitaya to
be imported into the United States from
Central America. State and local laws
and regulations regarding pitaya
imported under this rule will 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 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. 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 the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), the information collection or
recordkeeping requirements included in
this rule have been approved by the
Office of Management and Budget
(OMB) under OMB control number
0579–0378.
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 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
E:\FR\FM\16APR1.SGM
16APR1
22466
Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations
recordkeeping requirements, Rice,
Vegetables.
Accordingly, we are amending 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:
■
emcdonald on DSK29S0YB1PROD with RULES
§ 319.56–55 Fresh pitaya from certain
Central American countries.
Fresh pitaya fruit (Hylocereus spp.)
may be imported into the United States
from Belize, Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua, and
Panama in accordance with the
conditions described in this section.
These conditions are designed to
prevent the introduction of the
following quarantine pests: Anastrepha
ludens, Ceratitis capitata, Dysmicoccus
neobrevipes, and Planococcus minor.
(a) Monitoring and oversight. (1) The
national plant protection organization
(NPPO) of the exporting country must
provide a workplan to APHIS that
details the activities that the NPPO will,
subject to APHIS approval, carry out to
meet the requirements of this section.
APHIS will be directly involved with
the NPPO in the monitoring and
auditing implementation of the systems
approach.
(2) The NPPO of the exporting
country must conduct inspections at the
packinghouses and monitor
packinghouse operations. Starting 2
months before harvest and continuing
until the end of the shipping season, the
NPPO of the exporting country must
visit and inspect the places of
production monthly to verify
compliance with the requirements of
this section. If the NPPO finds that a
packinghouse or place of production 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 have
conducted an investigation and
appropriate remedial actions have been
implemented.
(3) The NPPO must review and
maintain 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.
(b) Place of production requirements.
(1) The personnel conducting the
trapping required in paragraph (c) of
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14:33 Apr 13, 2012
Jkt 226001
this section must be hired, trained, and
supervised by the NPPO of the
exporting country. The exporting
country’s NPPO must certify that each
place of production has effective fruit
fly trapping programs, and follows
control guidelines, when necessary, to
reduce quarantine pest populations.
APHIS may monitor the places of
production.
(2) The places of production
producing pitaya for export to the
United States must be registered with
the NPPO of the exporting country.
(3) Trees and other structures, other
than the crop itself, must not shade the
crop during the day. No C. capitata or
A. ludens host plants may be grown
within 100 meters of the edge of the
production site.
(4) Pitaya fruit that has fallen on the
ground must be removed from the place
of production at least once every 7 days
and may not be included in field
containers of fruit to be packed for
export.
(5) Harvested pitaya fruit must be
placed in field cartons or containers that
are marked to show the place of
production.
(c) Mitigation measures for C. capitata
and A. ludens—(1) Pest-free places of
production. (i) Beginning at least 1 year
before harvest begins and continuing
through the end of the shipping season,
trapping for A. ludens and C. capitata
must be conducted in the places of
pitaya fruit production with at least 1
trap per hectare of APHIS-approved
traps, serviced every 7 days.
(ii) From 2 months prior to harvest
through the end of the shipping season,
when traps are serviced, if either A.
ludens or C. capitata are trapped at a
particular place of production at
cumulative levels above 0.07 flies per
trap per day, pesticide bait treatments
must be applied in the affected place of
production in order for the place of
production to remain eligible to export
pitaya fruit to the continental United
States. If the average A. ludens or C.
capitata catch is greater than 0.07 flies
per trap per day for more than 2
consecutive weeks, the place of
production is ineligible for export until
the rate of capture drops to an average
of less than 0.07 flies per trap per day.
(iii) The NPPO must maintain records
of fruit fly detections for each trap,
update the records each time the traps
are checked, and make the records
available to APHIS upon request. The
records must be maintained for at least
1 year for APHIS review.
(2) Pest-free area for C. capitata. If the
pitaya fruit are produced in a place of
production located in an area that is
designated as free of C. capitata in
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Frm 00004
Fmt 4700
Sfmt 4700
accordance with § 319.56–5, the
trapping in paragraph (c)(1) of this
section is not required for C. capitata.
(d) Packinghouse requirements. (1)
The packinghouses must be registered
with the NPPO of the exporting country.
(2) All openings to the outside 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 packinghouses.
(3) The packinghouses must have
double doors at the entrance to the
facilities and at the interior entrance to
the area where the pitaya fruit are
packed.
(4) While in use for packing pitaya
fruit for export to the United States, the
packinghouses may only accept pitaya
fruit that are from registered places of
production and that are produced in
accordance with the requirements of
this section.
(e) Post-harvest procedures. The
pitaya fruit must be packed within 24
hours of harvest in a pest-exclusionary
packinghouse. Pitaya fruit must be
packed in insect-proof cartons or
containers that can be sealed at the
packinghouse, or covered with insectproof mesh or a plastic tarpaulin for
transport to the United States. These
safeguards must be intact upon arrival
in the United States.
(f) Phytosanitary inspection. (1) The
NPPO of the exporting country must
visually inspect a biometric sample of
pitaya fruit, jointly approved by APHIS
and the NPPO of the exporting country,
for D. neobrevipes and P. minor, and cut
open a portion of the fruit to detect A.
ludens and C. capitata. If the fruit is
from a pest-free area for C. capitata,
then the fruit will only be inspected for
A. ludens.
(2) The fruit are subject to inspection
at the port of entry for all quarantine
pests of concern. Shipping documents
identifying the place(s) of production in
which the fruit was produced and the
packing shed(s) in which the fruit was
processed must accompany each lot of
fruit presented for inspection at the port
of entry to the United States. This
identification must be maintained until
the fruit is released for entry into the
United States.
(3) If D. neobrevipes or P. minor is
found, the entire consignment of fruit
will be prohibited from import into the
United States unless the shipment is
treated with an approved treatment
monitored by APHIS. If inspectors
(either from the exporting country’s
NPPO or at the U.S. port of entry) find
a single fruit fly larva in a shipment,
they will reject the entire consignment
for shipment to the United States, and
the place of production for that
E:\FR\FM\16APR1.SGM
16APR1
Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations
shipment will be suspended from the
export program until appropriate
measures, agreed upon by the NPPO of
the exporting country and APHIS, have
been taken.
(g) Commercial consignments. The
pitaya fruit may be imported in
commercial consignments only.
(h) Phytosanitary certificate. Each
consignment of pitaya fruit must be
accompanied by a phytosanitary
certificate issued by the NPPO of the
exporting country, containing an
additional declaration stating that the
fruit in the consignment was produced
in accordance with requirements in 7
CFR 319.56–55.
(Approved by the Office of Management and
Budget under control number 0579–0378)
Done in Washington, DC, this 9th day of
April 2012.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2012–9066 Filed 4–13–12; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 457
[Docket No. FCIC–11–0006]
RIN 0563–AC32
Common Crop Insurance Regulations;
Fresh Market Tomato (Dollar Plan)
Crop Provisions
Federal Crop Insurance
Corporation, USDA.
ACTION: Final rule.
AGENCY:
The Federal Crop Insurance
Corporation (FCIC) finalizes the
Common Crop Insurance Regulations,
Fresh Market Tomato (Dollar Plan) Crop
Provisions. The intended effect of this
action is to provide policy changes and
clarify existing policy provisions to
better meet the needs of insured
producers, and to reduce vulnerability
to program fraud, waste, and abuse. The
changes will apply for the 2013 and
succeeding crop years.
DATES: This rule is effective April 16,
2012.
SUMMARY:
Tim
Hoffmann, Director, Product
Administration and Standards Division,
Risk Management Agency, United States
Department of Agriculture, Beacon
Facility, Stop 0812, Room 421, P.O. Box
419205, Kansas City, MO 64141–6205,
telephone (816) 926–7730.
SUPPLEMENTARY INFORMATION:
emcdonald on DSK29S0YB1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
VerDate Mar<15>2010
14:33 Apr 13, 2012
Jkt 226001
Executive Order 12866
This rule has been determined to be
non-significant for the purposes of
Executive Order 12866 and, therefore, it
has not been reviewed by the Office of
Management and Budget.
Paperwork Reduction Act of 1995
Pursuant to the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35), the collections of
information in this rule have been
approved by OMB under control
number 0563–0053.
E-Government Act Compliance
FCIC is committed to complying 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.
Unfunded Mandates Reform Act of
1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) establishes
requirements for Federal agencies to
assess the effects of their regulatory
actions on State, local, and tribal
governments and the private sector.
This rule contains no Federal mandates
(under the regulatory provisions of title
II of the UMRA) for State, local, and
tribal governments or the private sector.
Therefore, this rule is not subject to the
requirements of sections 202 and 205 of
UMRA.
Executive Order 13132
It has been determined under section
1(a) of Executive Order 13132,
Federalism, that this rule does not have
sufficient implications to warrant
consultation with the States. The
provisions contained in this rule will
not have a substantial direct effect on
States, or on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
Executive Order 13175
This rule has been reviewed in
accordance with the requirements of
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments. The review reveals that
this regulation will not have substantial
and direct effects on Tribal governments
and will not have significant Tribal
implications.
Regulatory Flexibility Act
FCIC certifies that this regulation will
not have a significant economic impact
on a substantial number of small
PO 00000
Frm 00005
Fmt 4700
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22467
entities. Program requirements for the
Federal crop insurance program are the
same for all producers regardless of the
size of their farming operation. For
instance, all producers are required to
submit an application and acreage
report to establish their insurance
guarantees and compute premium
amounts, and all producers are required
to submit a notice of loss and
production information to determine the
amount of an indemnity payment in the
event of an insured cause of crop loss.
Whether a producer has 10 acres or
1000 acres, there is no difference in the
kind of information collected. To ensure
crop insurance is available to small
entities, the Federal Crop Insurance Act
authorizes FCIC to waive collection of
administrative fees from limited
resource farmers. FCIC believes this
waiver helps to ensure that small
entities are given the same opportunities
as large entities to manage their risks
through the use of crop insurance. A
Regulatory Flexibility Analysis has not
been prepared since this regulation does
not have an impact on small entities,
and, therefore, this regulation is exempt
from the provisions of the Regulatory
Flexibility Act (5 U.S.C. 605).
Federal Assistance Program
This program is listed in the Catalog
of Federal Domestic Assistance under
No. 10.450.
Executive Order 12372
This program is not subject to the
provisions of Executive Order 12372,
which require intergovernmental
consultation with State and local
officials. See the Notice related to 7 CFR
part 3015, subpart V, published at 48 FR
29115, June 24, 1983.
Executive Order 12988
This final rule has been reviewed in
accordance with Executive Order 12988
on civil justice reform. The provisions
of this rule will not have a retroactive
effect. The provisions of this rule will
preempt State and local laws to the
extent such State and local laws are
inconsistent herewith. With respect to
any direct action taken by FCIC or
action by FCIC directing the insurance
provider to take specific action under
the terms of the crop insurance policy,
the administrative appeal provisions
published at 7 CFR part 11, or 7 CFR
part 400, subpart J for the informal
administrative review process of good
farming practices as applicable, must be
exhausted before any action against
FCIC for judicial review may be brought.
E:\FR\FM\16APR1.SGM
16APR1
]]>Agencies
[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Rules and Regulations]
[Pages 22465-22467]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9066]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2010-0113]
RIN 0579-AD40
Importation of Fresh Pitaya Fruit From Central America Into the
Continental United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the fruits and vegetables regulations to allow
the importation of fresh pitaya fruit from Central America into the
continental United States. As a condition of entry, the pitaya fruit
must be produced in accordance with a systems approach that includes
requirements for monitoring and oversight, establishment of pest-free
places of production, and procedures for packing the pitaya fruit. This
action will allow for the importation of pitaya fruit from Central
America into the continental United States while continuing to provide
protection against the introduction of plant pests.
DATES: Effective Date: May 16, 2012.
FOR FURTHER INFORMATION CONTACT: Mr. David Lamb, Import Specialist,
Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road
Unit 133, Riverdale, MD 20737-1236; (301) 851-2103.
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 within the United States.
On May 24, 2011, we published in the Federal Register (76 FR 30036-
30040, Docket No. APHIS-2010-0113) a proposal \1\ to amend the
regulations by allowing fresh pitaya from Central America to be
imported into the continental United States. We proposed that, as a
condition of entry, the pitaya fruit must be produced in accordance
with a systems approach that includes requirements for monitoring and
oversight, establishment of pest-free places of production, and
procedures for packing the pitaya fruit.
---------------------------------------------------------------------------
\1\ To view the proposed rule and supporting documents, go to
https://www.regulations.gov/#!docketDetail;D=APHIS-2010-0113.
---------------------------------------------------------------------------
We solicited comments concerning our proposal for 60 days ending
July 25, 2011. We did not receive any comments.
Therefore, for the reasons given in the proposed rule, we are
adopting the proposed rule as a final rule, without change.
Executive Order 12866 and Regulatory Flexibility Act
This final 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 footnote 1 for a link to
Regulations.gov).
This rule will allow the importation of fresh pitaya fruit into the
continental United States from the Central American countries of
Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and
Panama in accordance with a systems approach that includes requirements
for monitoring and oversight, establishment of pest-free places of
production, and procedures for packing the pitaya fruit. Entities
potentially affected by the rule are U.S. pitaya fruit growers, of
which most, if not all, are small entities.
Pitaya fruit is produced in Hawaii, California, and Florida, but
the quantities produced, numbers of U.S. producers, quantities
imported, and other factors needed to assess likely economic effects of
this rule are not known. The quantity of pitaya fruit expected to be
imported from Belize, Costa Rica, El Salvador, Guatemala, Honduras, and
Panama is also unknown. Nicaragua estimates exporting 1,200 metric tons
(60 forty-foot containers) of pitaya fruit to the continental U.S.
annually, and it is thought that the other countries may ship similar
or lesser amounts.
Executive Order 12988
This final rule allows fresh pitaya to be imported into the United
States from Central America. State and local laws and regulations
regarding pitaya imported under this rule will 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 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. 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 the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB) under OMB control number 0579-0378.
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 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
[[Page 22466]]
recordkeeping requirements, Rice, Vegetables.
Accordingly, we are amending 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
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.
0
2. A new Sec. 319.56-55 is added to read as follows:
Sec. 319.56-55 Fresh pitaya from certain Central American countries.
Fresh pitaya fruit (Hylocereus spp.) may be imported into the
United States from Belize, Costa Rica, El Salvador, Guatemala,
Honduras, Nicaragua, and Panama in accordance with the conditions
described in this section. These conditions are designed to prevent the
introduction of the following quarantine pests: Anastrepha ludens,
Ceratitis capitata, Dysmicoccus neobrevipes, and Planococcus minor.
(a) Monitoring and oversight. (1) The national plant protection
organization (NPPO) of the exporting country must provide a workplan to
APHIS that details the activities that the NPPO will, subject to APHIS
approval, carry out to meet the requirements of this section. APHIS
will be directly involved with the NPPO in the monitoring and auditing
implementation of the systems approach.
(2) The NPPO of the exporting country must conduct inspections at
the packinghouses and monitor packinghouse operations. Starting 2
months before harvest and continuing until the end of the shipping
season, the NPPO of the exporting country must visit and inspect the
places of production monthly to verify compliance with the requirements
of this section. If the NPPO finds that a packinghouse or place of
production 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 have conducted an
investigation and appropriate remedial actions have been implemented.
(3) The NPPO must review and maintain 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.
(b) Place of production requirements. (1) The personnel conducting
the trapping required in paragraph (c) of this section must be hired,
trained, and supervised by the NPPO of the exporting country. The
exporting country's NPPO must certify that each place of production has
effective fruit fly trapping programs, and follows control guidelines,
when necessary, to reduce quarantine pest populations. APHIS may
monitor the places of production.
(2) The places of production producing pitaya for export to the
United States must be registered with the NPPO of the exporting
country.
(3) Trees and other structures, other than the crop itself, must
not shade the crop during the day. No C. capitata or A. ludens host
plants may be grown within 100 meters of the edge of the production
site.
(4) Pitaya fruit that has fallen on the ground must be removed from
the place of production at least once every 7 days and may not be
included in field containers of fruit to be packed for export.
(5) Harvested pitaya fruit must be placed in field cartons or
containers that are marked to show the place of production.
(c) Mitigation measures for C. capitata and A. ludens--(1) Pest-
free places of production. (i) Beginning at least 1 year before harvest
begins and continuing through the end of the shipping season, trapping
for A. ludens and C. capitata must be conducted in the places of pitaya
fruit production with at least 1 trap per hectare of APHIS-approved
traps, serviced every 7 days.
(ii) From 2 months prior to harvest through the end of the shipping
season, when traps are serviced, if either A. ludens or C. capitata are
trapped at a particular place of production at cumulative levels above
0.07 flies per trap per day, pesticide bait treatments must be applied
in the affected place of production in order for the place of
production to remain eligible to export pitaya fruit to the continental
United States. If the average A. ludens or C. capitata catch is greater
than 0.07 flies per trap per day for more than 2 consecutive weeks, the
place of production is ineligible for export until the rate of capture
drops to an average of less than 0.07 flies per trap per day.
(iii) The NPPO must maintain records of fruit fly detections for
each trap, update the records each time the traps are checked, and make
the records available to APHIS upon request. The records must be
maintained for at least 1 year for APHIS review.
(2) Pest-free area for C. capitata. If the pitaya fruit are
produced in a place of production located in an area that is designated
as free of C. capitata in accordance with Sec. 319.56-5, the trapping
in paragraph (c)(1) of this section is not required for C. capitata.
(d) Packinghouse requirements. (1) The packinghouses must be
registered with the NPPO of the exporting country.
(2) All openings to the outside 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 packinghouses.
(3) The packinghouses must have double doors at the entrance to the
facilities and at the interior entrance to the area where the pitaya
fruit are packed.
(4) While in use for packing pitaya fruit for export to the United
States, the packinghouses may only accept pitaya fruit that are from
registered places of production and that are produced in accordance
with the requirements of this section.
(e) Post-harvest procedures. The pitaya fruit must be packed within
24 hours of harvest in a pest-exclusionary packinghouse. Pitaya fruit
must be packed in insect-proof cartons or containers that can be sealed
at the packinghouse, or covered with insect-proof mesh or a plastic
tarpaulin for transport to the United States. These safeguards must be
intact upon arrival in the United States.
(f) Phytosanitary inspection. (1) The NPPO of the exporting country
must visually inspect a biometric sample of pitaya fruit, jointly
approved by APHIS and the NPPO of the exporting country, for D.
neobrevipes and P. minor, and cut open a portion of the fruit to detect
A. ludens and C. capitata. If the fruit is from a pest-free area for C.
capitata, then the fruit will only be inspected for A. ludens.
(2) The fruit are subject to inspection at the port of entry for
all quarantine pests of concern. Shipping documents identifying the
place(s) of production in which the fruit was produced and the packing
shed(s) in which the fruit was processed must accompany each lot of
fruit presented for inspection at the port of entry to the United
States. This identification must be maintained until the fruit is
released for entry into the United States.
(3) If D. neobrevipes or P. minor is found, the entire consignment
of fruit will be prohibited from import into the United States unless
the shipment is treated with an approved treatment monitored by APHIS.
If inspectors (either from the exporting country's NPPO or at the U.S.
port of entry) find a single fruit fly larva in a shipment, they will
reject the entire consignment for shipment to the United States, and
the place of production for that
[[Page 22467]]
shipment will be suspended from the export program until appropriate
measures, agreed upon by the NPPO of the exporting country and APHIS,
have been taken.
(g) Commercial consignments. The pitaya fruit may be imported in
commercial consignments only.
(h) Phytosanitary certificate. Each consignment of pitaya fruit
must be accompanied by a phytosanitary certificate issued by the NPPO
of the exporting country, containing an additional declaration stating
that the fruit in the consignment was produced in accordance with
requirements in 7 CFR 319.56-55.
(Approved by the Office of Management and Budget under control
number 0579-0378)
Done in Washington, DC, this 9th day of April 2012.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-9066 Filed 4-13-12; 8:45 am]
BILLING CODE 3410-34-P
