Importation of Fresh Bananas From the Philippines Into Hawaii and U.S. Territories, 4410-4414 [2014-01581]
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4410
Proposed Rules
Federal Register
Vol. 79, No. 18
Tuesday, January 28, 2014
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–2013–0045]
RIN 0579–AD82
Importation of Fresh Bananas From
the Philippines Into Hawaii and U.S.
Territories
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
We are proposing to amend
the regulations concerning the
importation of fruits and vegetables to
allow the importation of fresh bananas
from the Philippines into Guam,
Hawaii, and the Northern Mariana
Islands. As a condition of entry, the
bananas would have to be produced in
accordance with a systems approach
that would include requirements for
importation of commercial
consignments, monitoring of fruit flies
to establish low-prevalence places of
production, harvesting only of hard
green bananas, and inspection for
quarantine pests by the national plant
protection organization of the
Philippines. The bananas would also
have to be accompanied by a
phytosanitary certificate with an
additional declaration stating that they
were grown, packed, inspected, and
found to be free of quarantine pests in
accordance with the proposed
requirements. This action would allow
the importation of bananas from the
Philippines while continuing to protect
against the introduction of plant pests
into Guam, Hawaii, and the Northern
Mariana Islands.
DATES: We will consider all comments
that we receive on or before March 31,
2014.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
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SUMMARY:
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#!documentDetail;D=APHIS-2013-00450001.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2013–0045, 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-2013-0045 or
in our reading room, which is located in
Room 1141 of the USDA South
Building, 14th Street and Independence
Avenue SW., Washington, DC. Normal
reading room hours are 8 a.m. to 4:30
p.m., Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 799–7039
before coming.
FOR FURTHER INFORMATION CONTACT: Ms.
Meredith Jones, Senior Regulatory
Coordination Specialist, RPM, RCC,
PPQ, APHIS, 4700 River Road Unit 133,
Riverdale, MD 20737–1231; (301) 851–
2289.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ‘‘Subpart–Fruits
and Vegetables’’ (7 CFR 319.56–1
through 319.56–64, 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 the Philippines
has requested that the Animal and Plant
Health Inspection Service (APHIS)
amend the regulations to allow bananas
from the Philippines to be imported into
Guam, Hawaii, and the Northern
Mariana Islands. Currently, bananas
may be imported from the Philippines
into the continental United States as a
result of a rule published in the Federal
Register and effective on February 7,
2013 (78 FR 8957–8960, Docket No.
APHIS–2011–0028). The rule allows the
importation of bananas from the
Philippines into the continental United
States under a systems approach
described in the regulations under
§ 319.56–58.
As part of our evaluation of the
Philippines’ request, we prepared a pest
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risk assessment (PRA), titled
‘‘Importation of Banana, Musa spp., as
Fresh, Hard Green Fruit From the
Philippines to Guam, Hawaii, and the
Northern Mariana Islands’’ (January 29,
2013). The PRA evaluates the risks
associated with the importation of green
bananas from the Philippines into
Guam, Hawaii, and the Northern
Mariana Islands from the Philippines.
The PRA identified 62 pests of
quarantine significance present in the
Philippines that could be introduced
into Guam, Hawaii and the Northern
Mariana Islands through the importation
of green bananas: 2 mites (Brevipalpus
spp.), 5 beetles, 5 flies (3 Bactrocera
spp. fruit flies, 1 house fly, and 1 black
fly), 35 scales, 4 moths, 4 grasshoppers,
3 thrips, 1 snail, 1 weed, and 2 bacteria.
For a full list of the pests, please see the
PRA.
Based on the information contained in
the PRA, APHIS has determined that
measures beyond standard port-of-entry
inspection are required to mitigate the
risks posed by the quarantine pests with
bananas from the Philippines. To
recommend specific measures to
mitigate those risks, we prepared a risk
management document (RMD). Copies
of the PRA and RMD may be obtained
from the person listed under FOR
FURTHER INFORMATION CONTACT or
viewed on the Regulations.gov Web site
(See ADDRESSES above for instructions
for accessing Regulations.gov).
Based on the recommendations of the
RMD, we are proposing to allow the
importation of bananas from the
Philippines into Guam, Hawaii, and the
Northern Mariana Islands only if they
are produced in accordance with a
systems approach. The systems
approach we are proposing would
require:
• Registration, monitoring, and
oversight of places of production;
• Trapping for Bactrocera spp. fruit
flies to establish low-prevalence places
of production;
• Covering bananas with pesticide
bags during the growing season;
• Harvesting only of hard green
bananas;
• Requirements for culling,
safeguarding, and identifying the fruit;
and
• Inspection by the NPPO of the
Philippines for quarantine pests.
Bananas from the Philippines would
also be required to be accompanied by
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a phytosanitary certificate with an
additional declaration stating that the
bananas were grown, packed, and
inspected in accordance with the
proposed requirements.
The proposed systems approach to
pest mitigation for the importation of
bananas from the Philippines into
Guam, Hawaii, and the Northern
Mariana Islands has been used
successfully to mitigate the risks
associated with the importation of
bananas from the Philippines into the
continental United States (§ 319.56–58).
The RMD for bananas from the
Philippines evaluated the effectiveness
of these measures against quarantine
pests identified in the PRA and
concluded that the provisions in
§ 319.56–58, along with the general
requirements for the importation of
fruits and vegetables in the regulations,
will be sufficient to prevent the
introduction of those pests into Guam,
Hawaii, and the Northern Mariana
Islands. Therefore, we are proposing to
amend § 319.56–58 to allow the
importation of bananas from the
Philippines into the United States that
would include the continental United
States, Guam, Hawaii, and the Northern
Mariana Islands. The mitigation
measures in the systems approach are
outlined in greater detail below.
The introductory text of § 319.56–58
currently lists the 12 quarantine pests of
concern associated with the importation
of bananas from the Philippines into the
continental United States. As noted
above, the number of quarantine pests of
concern associated with the importation
of those bananas into Guam, Hawaii,
and the Northern Mariana Islands is 62.
Given that large number, we are
proposing to no longer list the pests of
concern in the introductory text of the
section and would instead list the pests
in the operational workplan described
below.
General Requirements
The importation of bananas from the
Philippines into Guam, Hawaii, and the
Northern Mariana Islands would be
allowed under an operational workplan.
A operational workplan is an agreement
between APHIS’ Plant Protection and
Quarantine (PPQ) program, officials of
the NPPO of a foreign government, and,
when necessary, foreign commercial
entities that specifies in detail the
phytosanitary measures that will
comply with our regulations governing
the import or export of a specific
commodity. Operational workplans
apply only to the signatory parties and
establish detailed procedures and
guidance for the day-to-day operations
of specific export programs. Operational
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workplans also establish how specific
phytosanitary issues are dealt within the
exporting country and make clear who
is responsible for dealing with those
issues.
Paragraph (a)(1) of § 319.56–58
requires the NPPO of the Philippines to
provide an operational workplan to
APHIS that details activities that the
NPPO of the Philippines will, subject to
APHIS’ approval of the workplan, carry
out to meet the requirements of the
regulations. The bananas would have to
be grown at places of production that
are registered with the NPPO of the
Philippines and that meet the
requirements for places of production.
Paragraph (a)(2) requires bananas to be
grown at places of production that are
registered with the NPPO of the
Philippines and that meet the proposed
requirements for places of production
that are discussed later in this
document. It also requires that each
registered place of production renew its
registration annually.
Paragraph (a)(3) requires the bananas
to be packed for export to the United
States in packinghouses that meet the
packinghouse requirements that are
described later in this document.
The bananas must be imported in
commercial consignments only.
Commercial consignments, as defined in
§ 319.56–2, are consignments that an
inspector identifies as having been
imported for sale and distribution. Such
identification is based on a variety of
indicators, including, but not limited to:
Quantity of produce, type of packaging,
identification of grower or packinghouse
on the packaging, and documents
consigning the fruits or vegetables to a
wholesaler or retailer. Produce grown
commercially is less likely to be infested
with plant pests than noncommercial
consignments. Noncommercial
consignments are more prone to
infestations because the commodity is
often ripe to overripe and is often grown
with little or no pest control.
As such, paragraph (a)(4) requires the
bananas to be imported in commercial
consignments only. That provision
would apply to bananas from the
Philippines to be imported into Guam,
Hawaii, and the Northern Mariana
Islands as well as the continental United
States.
Monitoring and Oversight
The systems approach includes
monitoring and oversight requirements,
located in paragraph (b) of § 319.56–58,
to ensure that the required
phytosanitary measures are properly
implemented through the process of
growing and packing of bananas for
export to the United States.
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Paragraph (b)(1) requires the NPPO of
the Philippines to visit and inspect
registered places of production monthly,
starting at least 3 months before harvest
and continuing until the end of the
shipping season, to verify that the
growers are complying with the
requirements and follow pest control
guidelines, when necessary, to reduce
quarantine pest populations. The NPPO
of the Philippines must verify that the
growers are complying with the fruit fly
trapping requirements and would have
to certify that each place of production
has effective fruit fly trapping programs.
Any personnel conducting trapping
would have to be trained and
supervised by the NPPO of the
Philippines. APHIS would monitor the
places of production by conducting
random and scheduled inspections.
Under paragraph (b)(2), if the NPPO of
the Philippines finds that a place of
production or packinghouse is not
complying with the regulations, no fruit
from the place of production or
packinghouse is eligible for export to
the United States until APHIS and the
NPPO of the Philippines conduct an
investigation and appropriate remedial
actions have been implemented.
Paragraph (b)(3) requires the NPPO of
the Philippines to retain all forms and
documents related to export program
activities in groves and packinghouses
for at least 1 year and, as requested,
provide them to APHIS for review. Such
forms and documents include, but are
not limited to, fruit fly trapping and
inspection records.
Fruit Fly Trapping To Establish Places
of Production With Low Prevalence
Paragraph (c) of § 319.56–58 provides
for the use of trapping to demonstrate
that registered places of production
have a low prevalence of the Bactrocera
spp. fruit flies. Although the PRA has
determined that the three Bactrocera
spp. are potential pests of bananas from
the Philippines, bananas are known to
be poor hosts to most species of fruit
flies. However, B. musae is recorded as
attacking green bananas. Trapping to
demonstrate an area of low pest
prevalence would therefore be an
appropriate mitigation for fruit flies.
Beginning at least 3 months before
harvest begins and continuing through
the end of the harvest, trapping would
have to be conducted in registered
places of production with at least 1 trap
per 0.2 square kilometers to demonstrate
that the places of production have a low
prevalence of the Bactrocera spp. fruit
flies. APHIS-approved traps baited with
APHIS-approved plugs would have to
be used and serviced at least once every
2 weeks.
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During the trapping, when traps are
serviced, if the Bactrocera spp. fruit flies
are trapped at a registered place of
production at cumulative levels above 2
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 bananas to the United
States. The NPPO of the Philippines
must keep records of fruit fly detections
for each trap, update the records each
time the traps are checked, and make
the records available to APHIS
inspectors upon request.
Although the Bactrocera spp. fruit
flies have been identified as pests of
banana in the Philippines, we do not
want to impose trapping requirements if
they are not justified by the presence of
fruit fly larvae in Philippine bananas; as
noted earlier, bananas are poor hosts of
fruit flies in general, especially when
harvested green. Under the heading
‘‘NPPO of the Philippines Inspection’’
later in this document, we describe
requirements for cutting bananas to
inspect for internal feeders such as fruit
fly larvae. Currently, paragraph (c)
provides that the fruit fly trapping
requirements would no longer apply if,
by February 9, 2015, no fruit fly larvae
are found during such inspections,
inspections are no longer required. We
are proposing to provide that the fruit
fly trapping requirements described in
proposed paragraph (c) would no longer
apply if, after 2 years from the effective
date of a final rule following this
proposed rule, such inspections do not
find any larvae of the Bactrocera spp.
fruit flies. Extending the date will
provide APHIS with additional fruit fly
trapping data, which are especially
important given the vulnerability of
Guam, Hawaii, and the Northern
Mariana Islands to fruit fly
introductions.
The date on which trapping would no
longer be required would be included in
the regulations. If no fruit fly larvae are
found, we would publish a notice in the
Federal Register to confirm that fruit fly
trapping would no longer be required. If
fruit fly larvae are found, we would
amend the regulations to address the
demonstrated risk.
Bagging Requirements
Each place of production must follow
a pest management program specified
by the NPPO of the Philippines to
reduce populations of quarantine pests.
This includes applying pesticides to
reduce pest populations and bagging
bananas after flower drop with plastic
bags impregnated with pesticides.
As such, paragraph (d) provides that
plastic bags impregnated with pesticides
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must cover the bananas during the
growing period. If a pesticide bag falls
off or is torn so that fruit flies can enter,
that fruit would no longer be eligible for
export to the United States. This
growing requirement would prevent
quarantine pests from attacking the
bananas.
Harvesting Requirements
Paragraph (e) of § 319.56–58 sets out
requirements for harvesting bananas.
Under paragraph (e)(1), bananas would
have to be harvested at a hard green
stage.
Harvesting bananas at a hard green
stage (i.e., bananas with no yellow or
green color break) is a standard industry
practice for banana production in
Central and South America, the
Philippines, Hawaii, and most of the
world because ripe bananas are more
likely to be infested by fruit flies.
Inspectors at the port of entry would
need to determine that:
• Bananas shipped by air are still
green upon arrival in the United States;
• Bananas shipped by sea are either
green upon arrival in the United States
or yellow but firm.
Under paragraph (e)(2), harvested
bananas are required to be placed in
field cartons or containers that are
marked with the official registration
number of the place of production. The
fruit would have to be safeguarded from
exposure to fruit flies from harvest to
export, including being packaged so as
to prevent access by fruit flies and other
injurious insect pests. These
requirements ensure that APHIS and the
NPPO of the Philippines can identify
the place of production where the
bananas were produced if inspectors
find quarantine pests in the fruit either
before export or at the port of entry.
Places of production with quarantine
pests would be removed from the
program.
Post-Harvesting Processing
As such, paragraph (f) of § 319.56–58
provides that all damaged fruit would
have to be culled at the packinghouse.
Fruit with broken or bruised skin is
more susceptible to infestation by pests
than undamaged fruit. In addition, the
fruit would have to be washed with a
high pressure water spray and with soap
and water. This requirement would
remove mites, mealy bugs, scale insects,
and other surface-feeding quarantine
pests from the fruit prior to export.
Packinghouse Requirements
The RMD suggests that the
packinghouses prevent the entry of
pests with double-door entry and other
measures designed to exclude fruit flies
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and other pests of quarantine concern.
The packinghouse operations for export
of bananas must be monitored by the
NPPO of the Philippines. No other fruit
is allowed in a packinghouse during the
time export fruit is being packed.
Such requirements are contained in
paragraph (g) of § 319.56–58.
Specifically, paragraph (g)(1) provides
that the packinghouse would have to
have double doors at the entrance to the
facility and at the interior entrance to
the area where the bananas are packed
to exclude fruit flies and other pests of
quarantine concern. Paragraph (g)(2)
requires that bananas for export be
packed into new, clean boxes, crates, or
other packing material. Paragraph (g)(2)
also requires that bananas intended for
export to the United States be labeled
with the name and location of the
packinghouse marked on the boxes, and
segregated from bananas intended for
other markets. These requirements
would ensure that APHIS and the NPPO
of the Philippines could identify the
packinghouse at which the fruit was
packed if inspectors find quarantine
pests in the fruit either before export or
at the port of entry.
Paragraph (g)(3) requires that shipping
documents accompanying consignments
of bananas from the Philippines that are
exported to the United States include
the official registration number of the
place of production at which the
bananas were grown and must identify
the packinghouse in which the fruit was
processed and packed. This
identification must be maintained until
the fruit is released for entry into the
United States.
Paragraph (g)(4) requires that the
packinghouse operations for export of
bananas be monitored by the NPPO of
the Philippines. This requirement
would ensure that the packinghouses
remain compliant with the regulations.
NPPO of the Philippines Inspection
To ensure that the mitigations
required in the systems approach are
effective at producing fruit free of the
targeted quarantine pests, we would
require the NPPO of the Philippines to
inspect the fruit after harvest. Paragraph
(h)(1) of § 319.56–58 requires inspectors
from the NPPO of the Philippines to
certify that bananas were harvested at
the hard green stage.
Under paragraph (h)(2), the NPPO of
the Philippines is required to inspect a
biometric sample of the fruit from each
place of production at a rate to be
determined by APHIS. The inspectors
must visually inspect fruit from each
place of production for all the
quarantine pests. (The paragraph
currently states that the inspectors must
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visually inspect for quarantine pests
listed in the introductory text of the
section; we would amend the text to
refer to the quarantine pests listed in the
operational workplan to conform with
the proposed change described above.)
The inspectors must also cut fruit to
inspect for quarantine pests that are
internal feeders, which include larvae of
the three Bactrocera fruit fly species (B.
musae, B. occipitalis, and B.
philippinensis). We have determined
that inspection can serve as an effective
mitigation for the risk associated with
these pests in bananas exported from
the Philippines.
If any Bactrocera spp. fruit flies are
detected in this inspection, the place of
production where the infested bananas
were grown will immediately be
suspended from the export program
until an investigation has been
conducted by APHIS and the NPPO of
the Philippines and appropriate
mitigations have been implemented. If
other quarantine pests are detected in
this inspection, the consignment will be
ineligible for exportation to the United
States.
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Phytosanitary Certificate
To certify that the bananas from the
Philippines have been grown and
packed in accordance with the
requirements of § 319.56–58, paragraph
(i) requires each consignment of
bananas imported from the Philippines
into the United States to be
accompanied by a phytosanitary
certificate issued by the NPPO of the
Philippines with an additional
declaration stating that the bananas in
the consignment were grown, packed,
and inspected in accordance with the
systems approach in § 319.56–58.
Executive Order 12866 and Regulatory
Flexibility Act
This proposed rule has been reviewed
under Executive Order 12866. The
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 5 U.S.C. 603, we
have performed an initial regulatory
flexibility analysis, which is
summarized below, regarding the
economic effects of this proposed rule
on small entities. 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).
Based on the information we have,
there is no reason to conclude that
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adoption of this proposed rule would
result in any significant economic effect
on a substantial number of small
entities. However, we do not currently
have all of the data necessary for a
comprehensive analysis of the effects of
this proposed rule on small entities.
Therefore, we are inviting comments on
potential effects. In particular, we are
interested in determining the number
and kind of small entities that may
incur benefits or costs from the
implementation of this proposed rule.
Currently, about 4.1 million metric
tons (MT) of bananas are imported into
the United States every year. In 2011,
Hawaii’s banana harvest totaled about
7,900 MT compared to U.S. imports of
about 4.1 million MT. We do not have
information at this point on the quantity
of bananas that the Philippines expects
to ship to the State of Hawaii or to U.S.
territories, or the quantity of bananas
already imported into these
destinations. We note that for a recent
rulemaking to allow banana imports
from the Philippines into the
continental United States, that the
quantity was expected to be relatively
insignificant, equivalent to about 0.05
percent of U.S. imports from other
countries, 4.1 million MT. Consumers in
Hawaii and U.S. territories would
benefit from the additional source of
fresh bananas. APHIS does not expect
the proposed rule to have a significant
economic impact on small entities.
Executive Order 12988
This proposed rule would allow
bananas to be imported into Guam,
Hawaii, and the Northern Mariana
Islands from the Philippines. If this
proposed rule is adopted, State and
local laws and regulations regarding
bananas imported under this rule would
be preempted while the fruit is in
foreign commerce. Fresh fruits 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.
National Environmental Policy Act
We made an environmental
assessment that reviewed and analyzed
the potential impacts of importation of
bananas from the Philippines into the
continental United States available with
our proposal to allow that importation,
which was published in the Federal
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Register on May 30, 2012 (77 FR 31829–
31830, Docket No. APHIS–2011–0028).
The environmental assessment was
prepared in accordance with: (1) The
National Environmental Policy Act of
1969 (NEPA), as amended (42 U.S.C.
4321 et seq.), (2) regulations of the
Council on Environmental Quality for
implementing the procedural provisions
of NEPA (40 CFR parts 1500–1508), (3)
USDA regulations implementing NEPA
(7 CFR part 1b), and (4) APHIS’ NEPA
Implementing Procedures (7 CFR part
372). Subsequently, we published a
finding of no significant impact along
with the February 2013 final rule
mentioned earlier in this document.
We have reviewed the potential
environmental impacts of allowing the
importation of bananas from the
Philippines into Guam, Hawaii, and the
Northern Mariana Islands and found
that they are the same as those
described in the earlier environmental
assessment; therefore, we are extending
our finding of no significant impact to
include this action as well.
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–2013–0045.
Please send a copy of your comments to:
(1) Docket No. APHIS–2013–0045,
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.
Allowing the importation of fresh
bananas from the Philippines into
Guam, Hawaii, and the Northern
Mariana Islands will require the
completion of the following
information: A bilateral workplan,
registration of production sites,
monitoring and oversight of production
sites, maintenance of records, forms,
and documents, marking of production
sites with registration numbers,
identification of packinghouses name
location, and a phytosanitary certificate.
We are soliciting comments from the
public (as well as affected agencies)
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Federal Register / Vol. 79, No. 18 / Tuesday, January 28, 2014 / Proposed Rules
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 0.78 hours per
response.
Respondents: Foreign government,
importers and growers of bananas from
the Philippines.
Estimated annual number of
respondents: 46.
Estimated annual number of
responses per respondent: 5.34.
Estimated annual number of
responses: 246.
Estimated total annual burden on
respondents: 192 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.
PART 319—FOREIGN QUARANTINE
NOTICES
12 CFR Parts 1236 and 1239
Office of Federal Housing Enterprise
Oversight
2. Section 319.56–58 is amended as
follows:
■ a. The introductory text is revised;
■ b. In paragraph (c), the date,
‘‘February 9, 2015’’ is removed and the
date ‘‘[date 2 years after the effective
date of final rule]’’ is added in its place;
■ c. In paragraph (h)(2), in the second
sentence, the words ‘‘introductory text
of this section’’ are removed and the
words ‘‘operational workplan required
by paragraph (a)(1) of this section’’ are
added in their place.
The revision reads as follows:
■
§ 319.56–58
Bananas from the Philippines.
Bananas (Musa spp., which include
M. acuminate cultivars and M.
acuminate x M. balbisiana hybrids) may
be imported into the continental United
States, Guam, Hawaii, and the Northern
Mariana Islands from the Philippines
only under the conditions described in
this section.
*
*
*
*
*
Done in Washington, DC, this 23rd day of
January 2014.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
BILLING CODE 3410–34–P
Coffee, Cotton, Fruits, Imports, Logs,
Nursery stock, Plant diseases and pests,
Quarantine, Reporting and
Jkt 232001
FEDERAL HOUSING FINANCE
AGENCY
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.
List of Subjects in 7 CFR Part 319
13:35 Jan 27, 2014
12 CFR Parts 914 and 917
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
The Animal and Plant Health
Inspection Service is committed to
compliance with the E-Government Act
to promote the use of the Internet and
other information technologies, to
provide increased opportunities for
citizen access to Government
information and services, and for other
purposes. For information pertinent to
E-Government Act compliance related
to this proposed rule, please contact
Mrs. Celeste Sickles, APHIS’
Information Collection Coordinator, at
(301) 851–2908.
VerDate Mar<15>2010
FEDERAL HOUSING FINANCE BOARD
1. The authority citation for part 319
continues to read as follows:
■
[FR Doc. 2014–01581 Filed 1–27–14; 8:45 am]
E-Government Act Compliance
ehiers on DSK2VPTVN1PROD with PROPOSALS-1
recordkeeping requirements, Rice,
Vegetables.
Accordingly, we propose to amend 7
CFR part 319 as follows:
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
12 CFR Parts 1710 and 1720
RIN 2590–AA59
Responsibilities of Boards of
Directors, Corporate Practices and
Corporate Governance Matters
Federal Housing Finance
Board; Federal Housing Finance
Agency; Office of Federal Housing
Enterprise Oversight.
ACTION: Proposed rule; with request for
comments.
AGENCIES:
The Federal Housing Finance
Agency (FHFA) is proposing to amend
its regulations by relocating and
consolidating certain Federal Housing
Finance Board (Finance Board) and
Office of Federal Housing Enterprise
Oversight (OFHEO) regulations that
pertain to the responsibilities of boards
of directors, corporate practices, and
corporate governance matters. The
OFHEO regulations address corporate
governance matters at the Federal
National Mortgage Association and the
Federal Home Loan Mortgage
Corporation (Enterprises), while the
Finance Board regulations address the
powers and responsibilities of the
boards of directors and management of
the Federal Home Loan Banks (Banks).
The proposed rule would consolidate
most of those existing regulations into a
new FHFA regulation, parts of which
would apply to both the Banks and the
Enterprises (together, regulated entities),
and parts of which would apply only to
the Banks or only to the Enterprises.
Most of the content of the new
regulation has been derived from the
existing regulations, with such
modifications as are necessary to apply
certain provisions to all regulated
entities. The proposal also would
include a new provision on risk
management and a new definition of
‘‘credit risk,’’ which is a term that is
used only within the proposed risk
management provision. Those
provisions would apply to both the
Banks and the Enterprises. FHFA also is
proposing to amend a definition within
SUMMARY:
E:\FR\FM\28JAP1.SGM
28JAP1
Agencies
[Federal Register Volume 79, Number 18 (Tuesday, January 28, 2014)]
[Proposed Rules]
[Pages 4410-4414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01581]
========================================================================
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.
========================================================================
Federal Register / Vol. 79, No. 18 / Tuesday, January 28, 2014 /
Proposed Rules
[[Page 4410]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2013-0045]
RIN 0579-AD82
Importation of Fresh Bananas From the Philippines Into Hawaii and
U.S. Territories
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to amend the regulations concerning the
importation of fruits and vegetables to allow the importation of fresh
bananas from the Philippines into Guam, Hawaii, and the Northern
Mariana Islands. As a condition of entry, the bananas would have to be
produced in accordance with a systems approach that would include
requirements for importation of commercial consignments, monitoring of
fruit flies to establish low-prevalence places of production,
harvesting only of hard green bananas, and inspection for quarantine
pests by the national plant protection organization of the Philippines.
The bananas would also have to be accompanied by a phytosanitary
certificate with an additional declaration stating that they were
grown, packed, inspected, and found to be free of quarantine pests in
accordance with the proposed requirements. This action would allow the
importation of bananas from the Philippines while continuing to protect
against the introduction of plant pests into Guam, Hawaii, and the
Northern Mariana Islands.
DATES: We will consider all comments that we receive on or before March
31, 2014.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/#!documentDetail;D=APHIS-2013-0045-0001.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2013-0045, 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-2013-
0045 or in our reading room, which is located in Room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Jones, Senior Regulatory
Coordination Specialist, RPM, RCC, PPQ, APHIS, 4700 River Road Unit
133, Riverdale, MD 20737-1231; (301) 851-2289.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-64, 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 the
Philippines has requested that the Animal and Plant Health Inspection
Service (APHIS) amend the regulations to allow bananas from the
Philippines to be imported into Guam, Hawaii, and the Northern Mariana
Islands. Currently, bananas may be imported from the Philippines into
the continental United States as a result of a rule published in the
Federal Register and effective on February 7, 2013 (78 FR 8957-8960,
Docket No. APHIS-2011-0028). The rule allows the importation of bananas
from the Philippines into the continental United States under a systems
approach described in the regulations under Sec. 319.56-58.
As part of our evaluation of the Philippines' request, we prepared
a pest risk assessment (PRA), titled ``Importation of Banana, Musa
spp., as Fresh, Hard Green Fruit From the Philippines to Guam, Hawaii,
and the Northern Mariana Islands'' (January 29, 2013). The PRA
evaluates the risks associated with the importation of green bananas
from the Philippines into Guam, Hawaii, and the Northern Mariana
Islands from the Philippines.
The PRA identified 62 pests of quarantine significance present in
the Philippines that could be introduced into Guam, Hawaii and the
Northern Mariana Islands through the importation of green bananas: 2
mites (Brevipalpus spp.), 5 beetles, 5 flies (3 Bactrocera spp. fruit
flies, 1 house fly, and 1 black fly), 35 scales, 4 moths, 4
grasshoppers, 3 thrips, 1 snail, 1 weed, and 2 bacteria. For a full
list of the pests, please see the PRA.
Based on the information contained in the PRA, APHIS has determined
that measures beyond standard port-of-entry inspection are required to
mitigate the risks posed by the quarantine pests with bananas from the
Philippines. To recommend specific measures to mitigate those risks, we
prepared a risk management document (RMD). Copies of the PRA and RMD
may be obtained from the person listed under FOR FURTHER INFORMATION
CONTACT or viewed on the Regulations.gov Web site (See ADDRESSES above
for instructions for accessing Regulations.gov).
Based on the recommendations of the RMD, we are proposing to allow
the importation of bananas from the Philippines into Guam, Hawaii, and
the Northern Mariana Islands only if they are produced in accordance
with a systems approach. The systems approach we are proposing would
require:
Registration, monitoring, and oversight of places of
production;
Trapping for Bactrocera spp. fruit flies to establish low-
prevalence places of production;
Covering bananas with pesticide bags during the growing
season;
Harvesting only of hard green bananas;
Requirements for culling, safeguarding, and identifying
the fruit; and
Inspection by the NPPO of the Philippines for quarantine
pests.
Bananas from the Philippines would also be required to be
accompanied by
[[Page 4411]]
a phytosanitary certificate with an additional declaration stating that
the bananas were grown, packed, and inspected in accordance with the
proposed requirements.
The proposed systems approach to pest mitigation for the
importation of bananas from the Philippines into Guam, Hawaii, and the
Northern Mariana Islands has been used successfully to mitigate the
risks associated with the importation of bananas from the Philippines
into the continental United States (Sec. 319.56-58). The RMD for
bananas from the Philippines evaluated the effectiveness of these
measures against quarantine pests identified in the PRA and concluded
that the provisions in Sec. 319.56-58, along with the general
requirements for the importation of fruits and vegetables in the
regulations, will be sufficient to prevent the introduction of those
pests into Guam, Hawaii, and the Northern Mariana Islands. Therefore,
we are proposing to amend Sec. 319.56-58 to allow the importation of
bananas from the Philippines into the United States that would include
the continental United States, Guam, Hawaii, and the Northern Mariana
Islands. The mitigation measures in the systems approach are outlined
in greater detail below.
The introductory text of Sec. 319.56-58 currently lists the 12
quarantine pests of concern associated with the importation of bananas
from the Philippines into the continental United States. As noted
above, the number of quarantine pests of concern associated with the
importation of those bananas into Guam, Hawaii, and the Northern
Mariana Islands is 62. Given that large number, we are proposing to no
longer list the pests of concern in the introductory text of the
section and would instead list the pests in the operational workplan
described below.
General Requirements
The importation of bananas from the Philippines into Guam, Hawaii,
and the Northern Mariana Islands would be allowed under an operational
workplan. A operational workplan is an agreement between APHIS' Plant
Protection and Quarantine (PPQ) program, officials of the NPPO of a
foreign government, and, when necessary, foreign commercial entities
that specifies in detail the phytosanitary measures that will comply
with our regulations governing the import or export of a specific
commodity. Operational workplans apply only to the signatory parties
and establish detailed procedures and guidance for the day-to-day
operations of specific export programs. Operational workplans also
establish how specific phytosanitary issues are dealt within the
exporting country and make clear who is responsible for dealing with
those issues.
Paragraph (a)(1) of Sec. 319.56-58 requires the NPPO of the
Philippines to provide an operational workplan to APHIS that details
activities that the NPPO of the Philippines will, subject to APHIS'
approval of the workplan, carry out to meet the requirements of the
regulations. The bananas would have to be grown at places of production
that are registered with the NPPO of the Philippines and that meet the
requirements for places of production. Paragraph (a)(2) requires
bananas to be grown at places of production that are registered with
the NPPO of the Philippines and that meet the proposed requirements for
places of production that are discussed later in this document. It also
requires that each registered place of production renew its
registration annually.
Paragraph (a)(3) requires the bananas to be packed for export to
the United States in packinghouses that meet the packinghouse
requirements that are described later in this document.
The bananas must be imported in commercial consignments only.
Commercial consignments, as defined in Sec. 319.56-2, are consignments
that an inspector identifies as having been imported for sale and
distribution. Such identification is based on a variety of indicators,
including, but not limited to: Quantity of produce, type of packaging,
identification of grower or packinghouse on the packaging, and
documents consigning the fruits or vegetables to a wholesaler or
retailer. Produce grown commercially is less likely to be infested with
plant pests than noncommercial consignments. Noncommercial consignments
are more prone to infestations because the commodity is often ripe to
overripe and is often grown with little or no pest control.
As such, paragraph (a)(4) requires the bananas to be imported in
commercial consignments only. That provision would apply to bananas
from the Philippines to be imported into Guam, Hawaii, and the Northern
Mariana Islands as well as the continental United States.
Monitoring and Oversight
The systems approach includes monitoring and oversight
requirements, located in paragraph (b) of Sec. 319.56-58, to ensure
that the required phytosanitary measures are properly implemented
through the process of growing and packing of bananas for export to the
United States.
Paragraph (b)(1) requires the NPPO of the Philippines to visit and
inspect registered places of production monthly, starting at least 3
months before harvest and continuing until the end of the shipping
season, to verify that the growers are complying with the requirements
and follow pest control guidelines, when necessary, to reduce
quarantine pest populations. The NPPO of the Philippines must verify
that the growers are complying with the fruit fly trapping requirements
and would have to certify that each place of production has effective
fruit fly trapping programs. Any personnel conducting trapping would
have to be trained and supervised by the NPPO of the Philippines. APHIS
would monitor the places of production by conducting random and
scheduled inspections.
Under paragraph (b)(2), if the NPPO of the Philippines finds that a
place of production or packinghouse is not complying with the
regulations, no fruit from the place of production or packinghouse is
eligible for export to the United States until APHIS and the NPPO of
the Philippines conduct an investigation and appropriate remedial
actions have been implemented.
Paragraph (b)(3) requires the NPPO of the Philippines to retain all
forms and documents related to export program activities in groves and
packinghouses for at least 1 year and, as requested, provide them to
APHIS for review. Such forms and documents include, but are not limited
to, fruit fly trapping and inspection records.
Fruit Fly Trapping To Establish Places of Production With Low
Prevalence
Paragraph (c) of Sec. 319.56-58 provides for the use of trapping
to demonstrate that registered places of production have a low
prevalence of the Bactrocera spp. fruit flies. Although the PRA has
determined that the three Bactrocera spp. are potential pests of
bananas from the Philippines, bananas are known to be poor hosts to
most species of fruit flies. However, B. musae is recorded as attacking
green bananas. Trapping to demonstrate an area of low pest prevalence
would therefore be an appropriate mitigation for fruit flies.
Beginning at least 3 months before harvest begins and continuing
through the end of the harvest, trapping would have to be conducted in
registered places of production with at least 1 trap per 0.2 square
kilometers to demonstrate that the places of production have a low
prevalence of the Bactrocera spp. fruit flies. APHIS-approved traps
baited with APHIS-approved plugs would have to be used and serviced at
least once every 2 weeks.
[[Page 4412]]
During the trapping, when traps are serviced, if the Bactrocera
spp. fruit flies are trapped at a registered place of production at
cumulative levels above 2 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 bananas to the
United States. The NPPO of the Philippines must keep records of fruit
fly detections for each trap, update the records each time the traps
are checked, and make the records available to APHIS inspectors upon
request.
Although the Bactrocera spp. fruit flies have been identified as
pests of banana in the Philippines, we do not want to impose trapping
requirements if they are not justified by the presence of fruit fly
larvae in Philippine bananas; as noted earlier, bananas are poor hosts
of fruit flies in general, especially when harvested green. Under the
heading ``NPPO of the Philippines Inspection'' later in this document,
we describe requirements for cutting bananas to inspect for internal
feeders such as fruit fly larvae. Currently, paragraph (c) provides
that the fruit fly trapping requirements would no longer apply if, by
February 9, 2015, no fruit fly larvae are found during such
inspections, inspections are no longer required. We are proposing to
provide that the fruit fly trapping requirements described in proposed
paragraph (c) would no longer apply if, after 2 years from the
effective date of a final rule following this proposed rule, such
inspections do not find any larvae of the Bactrocera spp. fruit flies.
Extending the date will provide APHIS with additional fruit fly
trapping data, which are especially important given the vulnerability
of Guam, Hawaii, and the Northern Mariana Islands to fruit fly
introductions.
The date on which trapping would no longer be required would be
included in the regulations. If no fruit fly larvae are found, we would
publish a notice in the Federal Register to confirm that fruit fly
trapping would no longer be required. If fruit fly larvae are found, we
would amend the regulations to address the demonstrated risk.
Bagging Requirements
Each place of production must follow a pest management program
specified by the NPPO of the Philippines to reduce populations of
quarantine pests. This includes applying pesticides to reduce pest
populations and bagging bananas after flower drop with plastic bags
impregnated with pesticides.
As such, paragraph (d) provides that plastic bags impregnated with
pesticides must cover the bananas during the growing period. If a
pesticide bag falls off or is torn so that fruit flies can enter, that
fruit would no longer be eligible for export to the United States. This
growing requirement would prevent quarantine pests from attacking the
bananas.
Harvesting Requirements
Paragraph (e) of Sec. 319.56-58 sets out requirements for
harvesting bananas. Under paragraph (e)(1), bananas would have to be
harvested at a hard green stage.
Harvesting bananas at a hard green stage (i.e., bananas with no
yellow or green color break) is a standard industry practice for banana
production in Central and South America, the Philippines, Hawaii, and
most of the world because ripe bananas are more likely to be infested
by fruit flies. Inspectors at the port of entry would need to determine
that:
Bananas shipped by air are still green upon arrival in the
United States;
Bananas shipped by sea are either green upon arrival in
the United States or yellow but firm.
Under paragraph (e)(2), harvested bananas are required to be placed
in field cartons or containers that are marked with the official
registration number of the place of production. The fruit would have to
be safeguarded from exposure to fruit flies from harvest to export,
including being packaged so as to prevent access by fruit flies and
other injurious insect pests. These requirements ensure that APHIS and
the NPPO of the Philippines can identify the place of production where
the bananas were produced if inspectors find quarantine pests in the
fruit either before export or at the port of entry. Places of
production with quarantine pests would be removed from the program.
Post-Harvesting Processing
As such, paragraph (f) of Sec. 319.56-58 provides that all damaged
fruit would have to be culled at the packinghouse. Fruit with broken or
bruised skin is more susceptible to infestation by pests than undamaged
fruit. In addition, the fruit would have to be washed with a high
pressure water spray and with soap and water. This requirement would
remove mites, mealy bugs, scale insects, and other surface-feeding
quarantine pests from the fruit prior to export.
Packinghouse Requirements
The RMD suggests that the packinghouses prevent the entry of pests
with double-door entry and other measures designed to exclude fruit
flies and other pests of quarantine concern. The packinghouse
operations for export of bananas must be monitored by the NPPO of the
Philippines. No other fruit is allowed in a packinghouse during the
time export fruit is being packed.
Such requirements are contained in paragraph (g) of Sec. 319.56-
58. Specifically, paragraph (g)(1) provides that the packinghouse would
have to have double doors at the entrance to the facility and at the
interior entrance to the area where the bananas are packed to exclude
fruit flies and other pests of quarantine concern. Paragraph (g)(2)
requires that bananas for export be packed into new, clean boxes,
crates, or other packing material. Paragraph (g)(2) also requires that
bananas intended for export to the United States be labeled with the
name and location of the packinghouse marked on the boxes, and
segregated from bananas intended for other markets. These requirements
would ensure that APHIS and the NPPO of the Philippines could identify
the packinghouse at which the fruit was packed if inspectors find
quarantine pests in the fruit either before export or at the port of
entry.
Paragraph (g)(3) requires that shipping documents accompanying
consignments of bananas from the Philippines that are exported to the
United States include the official registration number of the place of
production at which the bananas were grown and must identify the
packinghouse in which the fruit was processed and packed. This
identification must be maintained until the fruit is released for entry
into the United States.
Paragraph (g)(4) requires that the packinghouse operations for
export of bananas be monitored by the NPPO of the Philippines. This
requirement would ensure that the packinghouses remain compliant with
the regulations.
NPPO of the Philippines Inspection
To ensure that the mitigations required in the systems approach are
effective at producing fruit free of the targeted quarantine pests, we
would require the NPPO of the Philippines to inspect the fruit after
harvest. Paragraph (h)(1) of Sec. 319.56-58 requires inspectors from
the NPPO of the Philippines to certify that bananas were harvested at
the hard green stage.
Under paragraph (h)(2), the NPPO of the Philippines is required to
inspect a biometric sample of the fruit from each place of production
at a rate to be determined by APHIS. The inspectors must visually
inspect fruit from each place of production for all the quarantine
pests. (The paragraph currently states that the inspectors must
[[Page 4413]]
visually inspect for quarantine pests listed in the introductory text
of the section; we would amend the text to refer to the quarantine
pests listed in the operational workplan to conform with the proposed
change described above.) The inspectors must also cut fruit to inspect
for quarantine pests that are internal feeders, which include larvae of
the three Bactrocera fruit fly species (B. musae, B. occipitalis, and
B. philippinensis). We have determined that inspection can serve as an
effective mitigation for the risk associated with these pests in
bananas exported from the Philippines.
If any Bactrocera spp. fruit flies are detected in this inspection,
the place of production where the infested bananas were grown will
immediately be suspended from the export program until an investigation
has been conducted by APHIS and the NPPO of the Philippines and
appropriate mitigations have been implemented. If other quarantine
pests are detected in this inspection, the consignment will be
ineligible for exportation to the United States.
Phytosanitary Certificate
To certify that the bananas from the Philippines have been grown
and packed in accordance with the requirements of Sec. 319.56-58,
paragraph (i) requires each consignment of bananas imported from the
Philippines into the United States to be accompanied by a phytosanitary
certificate issued by the NPPO of the Philippines with an additional
declaration stating that the bananas in the consignment were grown,
packed, and inspected in accordance with the systems approach in Sec.
319.56-58.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The 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 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this proposed rule on small entities. 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).
Based on the information we have, there is no reason to conclude
that adoption of this proposed rule would result in any significant
economic effect on a substantial number of small entities. However, we
do not currently have all of the data necessary for a comprehensive
analysis of the effects of this proposed rule on small entities.
Therefore, we are inviting comments on potential effects. In
particular, we are interested in determining the number and kind of
small entities that may incur benefits or costs from the implementation
of this proposed rule.
Currently, about 4.1 million metric tons (MT) of bananas are
imported into the United States every year. In 2011, Hawaii's banana
harvest totaled about 7,900 MT compared to U.S. imports of about 4.1
million MT. We do not have information at this point on the quantity of
bananas that the Philippines expects to ship to the State of Hawaii or
to U.S. territories, or the quantity of bananas already imported into
these destinations. We note that for a recent rulemaking to allow
banana imports from the Philippines into the continental United States,
that the quantity was expected to be relatively insignificant,
equivalent to about 0.05 percent of U.S. imports from other countries,
4.1 million MT. Consumers in Hawaii and U.S. territories would benefit
from the additional source of fresh bananas. APHIS does not expect the
proposed rule to have a significant economic impact on small entities.
Executive Order 12988
This proposed rule would allow bananas to be imported into Guam,
Hawaii, and the Northern Mariana Islands from the Philippines. If this
proposed rule is adopted, State and local laws and regulations
regarding bananas imported under this rule would be preempted while the
fruit is in foreign commerce. Fresh fruits 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.
National Environmental Policy Act
We made an environmental assessment that reviewed and analyzed the
potential impacts of importation of bananas from the Philippines into
the continental United States available with our proposal to allow that
importation, which was published in the Federal Register on May 30,
2012 (77 FR 31829-31830, Docket No. APHIS-2011-0028). The environmental
assessment was prepared in accordance with: (1) The National
Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et
seq.), (2) regulations of the Council on Environmental Quality for
implementing the procedural provisions of NEPA (40 CFR parts 1500-
1508), (3) USDA regulations implementing NEPA (7 CFR part 1b), and (4)
APHIS' NEPA Implementing Procedures (7 CFR part 372). Subsequently, we
published a finding of no significant impact along with the February
2013 final rule mentioned earlier in this document.
We have reviewed the potential environmental impacts of allowing
the importation of bananas from the Philippines into Guam, Hawaii, and
the Northern Mariana Islands and found that they are the same as those
described in the earlier environmental assessment; therefore, we are
extending our finding of no significant impact to include this action
as well.
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-
2013-0045. Please send a copy of your comments to: (1) Docket No.
APHIS-2013-0045, 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.
Allowing the importation of fresh bananas from the Philippines into
Guam, Hawaii, and the Northern Mariana Islands will require the
completion of the following information: A bilateral workplan,
registration of production sites, monitoring and oversight of
production sites, maintenance of records, forms, and documents, marking
of production sites with registration numbers, identification of
packinghouses name location, and a phytosanitary certificate.
We are soliciting comments from the public (as well as affected
agencies)
[[Page 4414]]
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 0.78 hours per response.
Respondents: Foreign government, importers and growers of bananas
from the Philippines.
Estimated annual number of respondents: 46.
Estimated annual number of responses per respondent: 5.34.
Estimated annual number of responses: 246.
Estimated total annual burden on respondents: 192 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
851-2908.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 851-2908.
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we propose to amend 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
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. Section 319.56-58 is amended as follows:
0
a. The introductory text is revised;
0
b. In paragraph (c), the date, ``February 9, 2015'' is removed and the
date ``[date 2 years after the effective date of final rule]'' is added
in its place;
0
c. In paragraph (h)(2), in the second sentence, the words
``introductory text of this section'' are removed and the words
``operational workplan required by paragraph (a)(1) of this section''
are added in their place.
The revision reads as follows:
Sec. 319.56-58 Bananas from the Philippines.
Bananas (Musa spp., which include M. acuminate cultivars and M.
acuminate x M. balbisiana hybrids) may be imported into the continental
United States, Guam, Hawaii, and the Northern Mariana Islands from the
Philippines only under the conditions described in this section.
* * * * *
Done in Washington, DC, this 23rd day of January 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-01581 Filed 1-27-14; 8:45 am]
BILLING CODE 3410-34-P