Importation of Pomegranates From Chile Under a Systems Approach, 22663-22665 [2012-9184]
Download as PDF
<![CDATA[
22663
Rules and Regulations
Federal Register
Vol. 77, No. 74
Tuesday, April 17, 2012
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. APHIS–2010–0128]
Asian Longhorned Beetle; Additions to
Quarantined Areas in Massachusetts
Animal and Plant Health
Inspection Service, USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
We are adopting as a final
rule, without change, an interim rule
that amended the Asian longhorned
beetle (ALB) regulations by quarantining
portions of Suffolk and Norfolk
Counties, MA, and expanding the
quarantined area in Worcester County,
MA. The interim rule also amended the
regulations to add plants of the genus
Koelreuteria (golden raintree) to the list
of regulated articles. The interim rule,
which restricted the interstate
movement of regulated articles from
these areas, was necessary to prevent
the artificial spread of ALB to
noninfested areas of the United States.
DATES: Effective on April 17, 2012, we
are adopting as a final rule the interim
rule published at 76 FR 52541–52543 on
August 23, 2011.
FOR FURTHER INFORMATION CONTACT: Ms.
Claudia Ferguson, Regulatory Policy
Specialist, Regulations, Permits, and
Manuals, PPQ, APHIS; 4700 River Road,
Unit 133, Riverdale, MD 20737–1231;
(301) 851–2352.
SUPPLEMENTARY INFORMATION:
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
Background
The Asian longhorned beetle (ALB,
Anoplophora glabripennis), an insect
native to China, Japan, Korea, and the
Isle of Hainan, is a destructive pest of
hardwood trees. It attacks many healthy
VerDate Mar<15>2010
14:20 Apr 16, 2012
Jkt 226001
hardwood trees, including maple, horse
chestnut, birch, poplar, willow, and
elm. In addition, nursery stock, logs,
green lumber, firewood, stumps, roots,
branches, and wood debris of half an
inch or more in diameter are subject to
infestation. The beetle bores into the
heartwood of a host tree, eventually
killing the tree. Immature beetles bore
into tree trunks and branches, causing
heavy sap flow from wounds and
sawdust accumulating at tree bases.
The regulations in 7 CFR 301.51–1
through 301.51–9 restrict the interstate
movement of regulated articles from
quarantined areas to prevent the
artificial spread of ALB to noninfested
areas of the United States.
In an interim rule 1 effective and
published in the Federal Register on
August 23, 2011 (76 FR 52541–52543,
Docket No. APHIS–2010–0128), we
amended the regulations by expanding
the quarantined area in Worcester
County, MA, and adding portions of
Suffolk and Norfolk Counties, MA, after
surveys revealed that infestations of
ALB have occurred in those areas. We
also amended the list of regulated
articles by adding Koelreuteria spp.
(golden raintree) because studies
conducted in China by APHIS scientists
have found ALB completing a full life
cycle in trees of this genus in the
environment.
Comments on the interim rule were
required to be received on or before
October 24, 2011. We did not receive
any comments. Therefore, for the
reasons given in the interim rule, we are
adopting the interim rule as a final rule
without change.
This action also affirms the
information contained in the interim
rule concerning Executive Order 12866
and the Regulatory Flexibility Act,
Executive Orders 12372 and 12988, and
the Paperwork Reduction Act.
Further, for this action, the Office of
Management and Budget has waived its
review under Executive Order 12866.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Transportation.
1 To view the interim rule, go to https://
www.regulations.gov/#!docketDetail;D=APHIS2010-0128.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
PART 301—DOMESTIC QUARANTINE
NOTICES
Accordingly, we are adopting as a
final rule, without change, the interim
rule that amended 7 CFR part 301 and
that was published at 76 FR 52541–
52543 on August 23, 2011.
■
Done in Washington, DC, this 11th day of
April 2012.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2012–9178 Filed 4–16–12; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2010–0024]
RIN 0579–AD38
Importation of Pomegranates From
Chile Under a Systems Approach
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending the fruits
and vegetables regulations to allow the
importation into the continental United
States of pomegranates from Chile,
subject to a systems approach. Under
this systems approach, the fruit would
have to be grown in a place of
production that is registered with the
national plant protection organization of
Chile and certified as having a low
prevalence of Brevipalpus chilensis. The
fruit would have to undergo pre-harvest
sampling at the registered production
site. Following post-harvest processing,
the fruit would have to be inspected in
Chile at an approved inspection site.
Each consignment of fruit would have to
be accompanied by a phytosanitary
certificate with an additional
declaration stating that the fruit had
been found free of Brevipalpus chilensis
based on field and packinghouse
inspections. This action will allow for
the safe importation of fresh
pomegranates from Chile using
mitigation measures other than
fumigation with methyl bromide.
DATES: Effective Date: May 17, 2012.
SUMMARY:
E:\FR\FM\17APR1.SGM
17APR1
22664
Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Rules and Regulations
Ms.
Claudia Ferguson, Regulatory Policy
Specialist, Regulatory Coordination and
Compliance, PPQ, APHIS, 4700 River
Road, Unit 133, Riverdale, MD 20737–
1231; (301) 851–2352.
SUPPLEMENTARY INFORMATION:
wreier-aviles on DSK5TPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
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 March 16, 2011, we published in
the Federal Register (76 FR 14320–
14323, Docket No. APHIS–2010–0024) a
proposal 1 to amend the regulations by
allowing pomegranates and figs from
Chile to be imported into the United
States subject to a systems approach.
Under this systems approach, the fruit
would have to be grown in a place of
production that is registered with the
national plant protection organization of
Chile and certified as having a low
prevalence of Brevipalpus chilensis. The
fruit would have to undergo pre-harvest
sampling at the registered production
site. Following post-harvest processing,
the fruit would have to be inspected in
Chile at an approved inspection site.
Each consignment of fruit would have to
be accompanied by a phytosanitary
certificate with an additional
declaration stating that the fruit had
been found free of Brevipalpus chilensis
based on field and packinghouse
inspections.
We solicited comments concerning
our proposal for 60 days ending May 16,
2011. We received 28 comments by that
date. They were from private citizens,
port terminal operators, fruit
wholesalers, producers, importers,
exporters, trade associations, and
representatives of State and foreign
governments.
Several of the comments we received
were focused on figs, with the
commenters raising concerns about the
efficacy of the systems approach in
addressing the risks associated with figs
grown in Chile. In order to allow us
more time to consider those issues
without delaying action on approving
the use of the systems approach for
pomegranates, we have decided to not
finalize the proposed provisions related
to the importation of figs from Chile at
1 To view the proposed rule, supporting
documents, and the comments we received, go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2010-0024.
VerDate Mar<15>2010
14:20 Apr 16, 2012
Jkt 226001
this time, but may do so in a subsequent
action. This final rule only addresses
the comments we received on the
proposed importation of pomegranates
from Chile.
Twenty-two of the commenters
supported the proposed rule in its
entirety. One comment concerning the
importation of Chilean pomegranates
did not raise any issues related to the
pest risk analysis or proposed rule. The
remaining comments on the importation
of pomegranates are discussed below by
topic.
One commenter opposed the use of
the methods described in the proposed
rule to mitigate the potential entry of the
quarantine pest Brevipalpus chilensis
(Acari: Tenuipalpidae) into the
commenter’s State until a pest-free track
record is established in shipments of
pomegranate from Chile that are
received in areas that are lower risk than
the commenter’s State for the pest’s
establishment in the United States.
The mitigation measures for B.
chilensis on pomegranates from Chile
have been previously evaluated and
proven effective in mitigating the risks
presented by B. chilensis on other
commodities from Chile, and we will
continuously monitor the effectiveness
of those mitigations with port-of-entry
inspections. We do not consider it
necessary to restrict the distribution of
pomegranates from Chile when proven
mitigations are available to mitigate the
pest risk and will be required as a
condition of importation.
One commenter asked that the
proposed rule be revised to specify that
Chilean pomegranates may not be
imported into Hawaii in order to protect
locally grown pomegranate crops.
We proposed that pomegranates from
Chile would only be eligible for
importation into the continental United
States. By definition, the continental
United States encompasses the lower 48
states, Alaska, and the District of
Columbia, while excluding Hawaii. Our
permitting process will allow us to
effectively implement the distribution
limitation, as it currently does for many
other commodities that are not allowed
to be imported into Hawaii.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, with the change discussed in this
document.
Note: In our March 2011 proposed rule, we
proposed to add the conditions governing the
importation of pomegranates from Chile as
§ 319.56–51. In this final rule, those
conditions are added as § 319.56–56.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Executive Order 12866 and Regulatory
Flexibility Act
This 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).
Pomegranates may be imported into
the continental United States when
fumigated with methyl bromide. This
rule will allow the importation of fresh
pomegranate fruit from Chile using a
systems approach to pest risk
mitigation. Under this systems
approach, the fruit will be grown in a
place of production that is registered
with the Government of Chile and
certified as having a low prevalence of
B. chilensis. The fruit will undergo preharvest sampling and post-harvest
inspection. Each consignment of fruit
will be accompanied by a phytosanitary
certificate with an additional
declaration stating that the fruit had
been found free of B. chilensis based on
field and packinghouse inspections.
Entities potentially affected by the
rule are U.S. pomegranate fruit growers.
They are classified within the industry
Other Non-citrus Fruit Farming, for
which the Small Business
Administration’s small entity standard
is annual sales of not more than
$750,000. Annual receipts for this
industry averaged about $112,000 in
2007, well below the small-entity
standard.
While most U.S. pomegranate
operations are small, they are not
expected to be significantly affected by
the rule. Relatively small quantities of
pomegranates are expected to be
imported from Chile because of this
rule, equivalent to less than 4 percent of
the estimated U.S. production of
pomegranates consumed domestically
in recent years. Moreover, Chilean
pomegranates will be imported during
the U.S. off-season. The counterseasonality will preclude negative price
impacts for U.S. producers. Off-season
availability of pomegranates from Chile
may help broaden demand for this fruit,
thereby benefiting domestic producers
over time.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
E:\FR\FM\17APR1.SGM
17APR1
Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Rules and Regulations
determined that this action will not
have a significant economic impact on
a substantial number of small entities.
This final rule allows fresh
pomegranates to be imported into the
continental United States from Chile.
State and local laws and regulations
regarding fresh pomegranates imported
under this rule will be preempted while
the fruit is in foreign commerce. Fresh
pomegranates are generally imported for
immediate distribution and sale to the
consuming public and would remain in
foreign commerce until sold to the
ultimate consumer. The question of
when foreign commerce ceases in other
cases must be addressed on a case-bycase basis. 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
0579–0375. Because we are not
finalizing the provisions in the
proposed rule related to the importation
of figs from Chile, this approval covers
only the information collection and
recordkeeping requirements associated
with the importation of pomegranates
from Chile.
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.
wreier-aviles on DSK5TPTVN1PROD with RULES
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 are amending 7 CFR
part 319 as follows:
14:20 Apr 16, 2012
1. The authority citation for part 319
continues to read as follows:
■
Executive Order 12988
VerDate Mar<15>2010
PART 319—FOREIGN QUARANTINE
NOTICES
Jkt 226001
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 § 319.56–56 is added to read
as follows:
■
§ 319.56–56
Chile.
Fresh pomegranates from
Fresh pomegranates (Punica
granatum) may be imported into the
continental United States from Chile
under the following conditions:
(a) Production site registration. The
production site where the fruit is grown
must be registered with the national
plant protection organization (NPPO) of
Chile. Harvested pomegranates must be
placed in field cartons or containers that
are marked to show the official
registration number of the production
site. Registration must be renewed
annually.
(b) Low-prevalence production site
certification. The fruit must originate
from a low-prevalence production site
to be imported under the conditions in
this section. Between 1 and 30 days
prior to harvest, random samples of fruit
must be collected from each registered
production site under the direction of
the NPPO of Chile. These samples must
undergo a pest detection and evaluation
method as follows: The fruit must be
washed using a flushing method, placed
in a 20-mesh sieve on top of a 200-mesh
sieve, sprinkled with a liquid soap and
water solution, washed with water at
high pressure, and washed with water at
low pressure. The process must then be
repeated. The contents of the 200-mesh
sieve must then be placed on a petri
dish and analyzed for the presence of
live Brevipalpus chilensis mites. If a
single live B. chilensis mite is found, the
production site will not qualify for
certification as a low-prevalence
production site. Each production site
may have only one opportunity per
season to qualify as a low-prevalence
production site, and certification of low
prevalence will be valid for one harvest
season only. The NPPO of Chile will
present a list of certified production
sites to APHIS.
(c) Post-harvest processing. After
harvest, all damaged or diseased fruits
must be culled at the packinghouse and
must be packed into new, clean boxes,
crates, or other APHIS-approved
packing containers. Each container in
which the fruit is packed must have a
label identifying the registered
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
22665
production site where the fruit
originated and the packing shed where
it was packed.
(d) Phytosanitary inspection. Fruit
must be inspected in Chile at an APHISapproved inspection site under the
direction of APHIS inspectors in
coordination with the NPPO of Chile
following any post-harvest processing.
A biometric sample must be drawn and
examined from each consignment.
Pomegranates in any consignment may
be shipped to the continental United
States under the conditions of this
section only if the consignment passes
inspection as follows:
(1) Fruit presented for inspection
must be identified in the shipping
documents accompanying each lot of
fruit to specify the production site or
sites in which the fruit was produced
and the packing shed or sheds in which
the fruit was processed. This
identification must be maintained until
the fruit is released for entry into the
United States.
(2) A biometric sample of the boxes,
crates, or other APHIS-approved
packing containers from each
consignment will be selected by the
NPPO of Chile, and the fruit from these
boxes, crates, or other APHIS-approved
packing containers will be visually
inspected for quarantine pests. A
portion of the fruit must be washed with
soapy water and the collected filtrate
must be microscopically examined for
B. chilensis. If a single live B. chilensis
mite is found during the inspection
process, the certified low-prevalence
production site where the fruit was
grown will lose its certification.
(e) Phytosanitary certificate. Each
consignment of fresh pomegranates
must be accompanied by a
phytosanitary certificate issued by the
NPPO of Chile that contains an
additional declaration stating that the
fruit in the consignment was inspected
and found free of Brevipalpus chilensis
based on field and packinghouse
inspections.
(Approved by the Office of Management and
Budget under control number 0579–0375)
Done in Washington, DC, this 11th day of
April 2012.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2012–9184 Filed 4–16–12; 8:45 am]
BILLING CODE 3410–34–P
E:\FR\FM\17APR1.SGM
17APR1
]]>Agencies
[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Rules and Regulations]
[Pages 22663-22665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9184]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2010-0024]
RIN 0579-AD38
Importation of Pomegranates From Chile Under a Systems Approach
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the fruits and vegetables regulations to allow
the importation into the continental United States of pomegranates from
Chile, subject to a systems approach. Under this systems approach, the
fruit would have to be grown in a place of production that is
registered with the national plant protection organization of Chile and
certified as having a low prevalence of Brevipalpus chilensis. The
fruit would have to undergo pre-harvest sampling at the registered
production site. Following post-harvest processing, the fruit would
have to be inspected in Chile at an approved inspection site. Each
consignment of fruit would have to be accompanied by a phytosanitary
certificate with an additional declaration stating that the fruit had
been found free of Brevipalpus chilensis based on field and
packinghouse inspections. This action will allow for the safe
importation of fresh pomegranates from Chile using mitigation measures
other than fumigation with methyl bromide.
DATES: Effective Date: May 17, 2012.
[[Page 22664]]
FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Regulatory
Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS,
4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-2352.
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 March 16, 2011, we published in the Federal Register (76 FR
14320-14323, Docket No. APHIS-2010-0024) a proposal \1\ to amend the
regulations by allowing pomegranates and figs from Chile to be imported
into the United States subject to a systems approach. Under this
systems approach, the fruit would have to be grown in a place of
production that is registered with the national plant protection
organization of Chile and certified as having a low prevalence of
Brevipalpus chilensis. The fruit would have to undergo pre-harvest
sampling at the registered production site. Following post-harvest
processing, the fruit would have to be inspected in Chile at an
approved inspection site. Each consignment of fruit would have to be
accompanied by a phytosanitary certificate with an additional
declaration stating that the fruit had been found free of Brevipalpus
chilensis based on field and packinghouse inspections.
---------------------------------------------------------------------------
\1\ To view the proposed rule, supporting documents, and the
comments we received, go to https://www.regulations.gov/#!docketDetail;D=APHIS-2010-0024.
---------------------------------------------------------------------------
We solicited comments concerning our proposal for 60 days ending
May 16, 2011. We received 28 comments by that date. They were from
private citizens, port terminal operators, fruit wholesalers,
producers, importers, exporters, trade associations, and
representatives of State and foreign governments.
Several of the comments we received were focused on figs, with the
commenters raising concerns about the efficacy of the systems approach
in addressing the risks associated with figs grown in Chile. In order
to allow us more time to consider those issues without delaying action
on approving the use of the systems approach for pomegranates, we have
decided to not finalize the proposed provisions related to the
importation of figs from Chile at this time, but may do so in a
subsequent action. This final rule only addresses the comments we
received on the proposed importation of pomegranates from Chile.
Twenty-two of the commenters supported the proposed rule in its
entirety. One comment concerning the importation of Chilean
pomegranates did not raise any issues related to the pest risk analysis
or proposed rule. The remaining comments on the importation of
pomegranates are discussed below by topic.
One commenter opposed the use of the methods described in the
proposed rule to mitigate the potential entry of the quarantine pest
Brevipalpus chilensis (Acari: Tenuipalpidae) into the commenter's State
until a pest-free track record is established in shipments of
pomegranate from Chile that are received in areas that are lower risk
than the commenter's State for the pest's establishment in the United
States.
The mitigation measures for B. chilensis on pomegranates from Chile
have been previously evaluated and proven effective in mitigating the
risks presented by B. chilensis on other commodities from Chile, and we
will continuously monitor the effectiveness of those mitigations with
port-of-entry inspections. We do not consider it necessary to restrict
the distribution of pomegranates from Chile when proven mitigations are
available to mitigate the pest risk and will be required as a condition
of importation.
One commenter asked that the proposed rule be revised to specify
that Chilean pomegranates may not be imported into Hawaii in order to
protect locally grown pomegranate crops.
We proposed that pomegranates from Chile would only be eligible for
importation into the continental United States. By definition, the
continental United States encompasses the lower 48 states, Alaska, and
the District of Columbia, while excluding Hawaii. Our permitting
process will allow us to effectively implement the distribution
limitation, as it currently does for many other commodities that are
not allowed to be imported into Hawaii.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
change discussed in this document.
Note: In our March 2011 proposed rule, we proposed to add the
conditions governing the importation of pomegranates from Chile as
Sec. 319.56-51. In this final rule, those conditions are added as
Sec. 319.56-56.
Executive Order 12866 and Regulatory Flexibility Act
This 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).
Pomegranates may be imported into the continental United States
when fumigated with methyl bromide. This rule will allow the
importation of fresh pomegranate fruit from Chile using a systems
approach to pest risk mitigation. Under this systems approach, the
fruit will be grown in a place of production that is registered with
the Government of Chile and certified as having a low prevalence of B.
chilensis. The fruit will undergo pre-harvest sampling and post-harvest
inspection. Each consignment of fruit will be accompanied by a
phytosanitary certificate with an additional declaration stating that
the fruit had been found free of B. chilensis based on field and
packinghouse inspections.
Entities potentially affected by the rule are U.S. pomegranate
fruit growers. They are classified within the industry Other Non-citrus
Fruit Farming, for which the Small Business Administration's small
entity standard is annual sales of not more than $750,000. Annual
receipts for this industry averaged about $112,000 in 2007, well below
the small-entity standard.
While most U.S. pomegranate operations are small, they are not
expected to be significantly affected by the rule. Relatively small
quantities of pomegranates are expected to be imported from Chile
because of this rule, equivalent to less than 4 percent of the
estimated U.S. production of pomegranates consumed domestically in
recent years. Moreover, Chilean pomegranates will be imported during
the U.S. off-season. The counter-seasonality will preclude negative
price impacts for U.S. producers. Off-season availability of
pomegranates from Chile may help broaden demand for this fruit, thereby
benefiting domestic producers over time.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has
[[Page 22665]]
determined that this action will not have a significant economic impact
on a substantial number of small entities.
Executive Order 12988
This final rule allows fresh pomegranates to be imported into the
continental United States from Chile. State and local laws and
regulations regarding fresh pomegranates imported under this rule will
be preempted while the fruit is in foreign commerce. Fresh pomegranates
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. 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 0579-0375. Because we are not
finalizing the provisions in the proposed rule related to the
importation of figs from Chile, this approval covers only the
information collection and recordkeeping requirements associated with
the importation of pomegranates from Chile.
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 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. 319.56-56 is added to read as follows:
Sec. 319.56-56 Fresh pomegranates from Chile.
Fresh pomegranates (Punica granatum) may be imported into the
continental United States from Chile under the following conditions:
(a) Production site registration. The production site where the
fruit is grown must be registered with the national plant protection
organization (NPPO) of Chile. Harvested pomegranates must be placed in
field cartons or containers that are marked to show the official
registration number of the production site. Registration must be
renewed annually.
(b) Low-prevalence production site certification. The fruit must
originate from a low-prevalence production site to be imported under
the conditions in this section. Between 1 and 30 days prior to harvest,
random samples of fruit must be collected from each registered
production site under the direction of the NPPO of Chile. These samples
must undergo a pest detection and evaluation method as follows: The
fruit must be washed using a flushing method, placed in a 20-mesh sieve
on top of a 200-mesh sieve, sprinkled with a liquid soap and water
solution, washed with water at high pressure, and washed with water at
low pressure. The process must then be repeated. The contents of the
200-mesh sieve must then be placed on a petri dish and analyzed for the
presence of live Brevipalpus chilensis mites. If a single live B.
chilensis mite is found, the production site will not qualify for
certification as a low-prevalence production site. Each production site
may have only one opportunity per season to qualify as a low-prevalence
production site, and certification of low prevalence will be valid for
one harvest season only. The NPPO of Chile will present a list of
certified production sites to APHIS.
(c) Post-harvest processing. After harvest, all damaged or diseased
fruits must be culled at the packinghouse and must be packed into new,
clean boxes, crates, or other APHIS-approved packing containers. Each
container in which the fruit is packed must have a label identifying
the registered production site where the fruit originated and the
packing shed where it was packed.
(d) Phytosanitary inspection. Fruit must be inspected in Chile at
an APHIS-approved inspection site under the direction of APHIS
inspectors in coordination with the NPPO of Chile following any post-
harvest processing. A biometric sample must be drawn and examined from
each consignment. Pomegranates in any consignment may be shipped to the
continental United States under the conditions of this section only if
the consignment passes inspection as follows:
(1) Fruit presented for inspection must be identified in the
shipping documents accompanying each lot of fruit to specify the
production site or sites in which the fruit was produced and the
packing shed or sheds in which the fruit was processed. This
identification must be maintained until the fruit is released for entry
into the United States.
(2) A biometric sample of the boxes, crates, or other APHIS-
approved packing containers from each consignment will be selected by
the NPPO of Chile, and the fruit from these boxes, crates, or other
APHIS-approved packing containers will be visually inspected for
quarantine pests. A portion of the fruit must be washed with soapy
water and the collected filtrate must be microscopically examined for
B. chilensis. If a single live B. chilensis mite is found during the
inspection process, the certified low-prevalence production site where
the fruit was grown will lose its certification.
(e) Phytosanitary certificate. Each consignment of fresh
pomegranates must be accompanied by a phytosanitary certificate issued
by the NPPO of Chile that contains an additional declaration stating
that the fruit in the consignment was inspected and found free of
Brevipalpus chilensis based on field and packinghouse inspections.
(Approved by the Office of Management and Budget under control
number 0579-0375)
Done in Washington, DC, this 11th day of April 2012.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-9184 Filed 4-16-12; 8:45 am]
BILLING CODE 3410-34-P
