Importation of Fresh Blueberries From Morocco Into the Continental United States, 44117-44120 [2014-17843]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 146 / Wednesday, July 30, 2014 / Rules and Regulations
44117
Authority: 5 U.S.C. 301 and 552, and 7
CFR 2.72, except as otherwise noted.
(48) Section 12309 of the Agricultural
Act of 2014 regarding produce
represented as grown in the United
States (19 U.S.C. 1304a).
*
*
*
*
*
§ 2.501
CHAPTER XVII—RURAL UTILITIES
SERVICE, DEPARTMENT OF
AGRICULTURE
§ 3800.3
Subpart O—Delegations of Authority
by the Assistant Secretary for
Congressional Relations
PART 1700—GENERAL INFORMATION
Dated: July 14, 2014.
Thomas J. Vilsack,
Secretary of Agriculture.
§ 2.85
[Amended]
■
[Removed]
45. Remove § 2.501.
46. The authority citation for part
1700 continues to read as follows:
■
[Amended]
51. Amend § 3800.3 by removing
paragraph (d).
■
[FR Doc. 2014–17352 Filed 7–29–14; 8:45 am]
38. Amend § 2.85 by removing
paragraph (a)(5).
Authority: 5 U.S.C. 301, 552; 7 U.S.C. 901
et seq., 1921 et seq., 6941 et seq.; 7 CFR 2.7.
BILLING CODE 3410–90–P
Subpart P—Delegations of Authority
by the Assistant Secretary for
Administration
Subpart B—Agency Organization and
Functions
DEPARTMENT OF AGRICULTURE
■
§ 2.90
■
[Removed]
39. Remove § 2.90.
§ 2.91
§ 1700.25
[Amended]
40. Amend § 2.91 by removing
paragraph (a)(10)(xxvi).
■
§ 2.92
[Removed]
41. Remove § 2.92.
42. Amend § 2.93 by revising the
introductory text of paragraph (a) to
read as follows:
■
■
§ 2.93 Director, Office of Procurement and
Property Management.
(a) Delegations. Pursuant to
§ 2.24(a)(6) of this chapter, and with due
deference for delegations to other
Departmental Management officials, the
following delegations of authority are
made by the Assistant Secretary for
Administration to the Director, Office of
Procurement and Property Management:
*
*
*
*
*
■ 43. Amend § 2.94 by adding a new
paragraph (a)(15), to read as follows:
§ 2.94 Director, Office of Advocacy and
Outreach.
(a) * * *
(15) Serve as a lead agency in carrying
out student internship programs (7
U.S.C. 2279c).
*
*
*
*
*
Subpart T—Delegations of Authority
by the Chief Financial Officer
■
44. Revise § 2.500 to read as follows:
pmangrum on DSK3VPTVN1PROD with RULES
§ 2.500
Pursuant to § 2.28, the following
delegation of authority is made by the
Chief Financial Officer to the Deputy
Chief Financial Officer, to be exercised
only during the absence or
unavailability of the Chief Financial
Officer: Perform all the duties and
exercise all the powers which are now
or which may hereafter be delegated to
the Chief Financial Officer.
14:55 Jul 29, 2014
Jkt 232001
Office of the Administrator.
The Administrator of the Rural
Utilities Service (RUS) and of the Rural
Telephone Bank (RTB) is appointed by
the President. The Under Secretary,
Rural Development delegated to the
Administrator, in 7 CFR part 2,
responsibility for administering the
programs and activities of RUS and
RTB. The Administrator is aided
directly by Deputy Administrators and
by Assistant Administrators for the
electric program, telecommunications
program, the water and environmental
programs, and program accounting and
regulatory analysis, and by other staff
offices. The work of the agency is
carried out as described in this part.
■ 48. Revise § 1700.26 to read as
follows:
§ 1700.26
Deputy Administrator.
The Deputy Administrator aids and
assists the Administrator. The Deputy
Administrator provides overall policy
direction to all RUS programs. The
Deputy Administrator reviews agency
policies and, as necessary, implements
changes and participates with the
Administrator and other officials in
planning and formulating the programs
and activities of the agency, including
the making and servicing of loans and
grants.
Subpart C—Loan and Grant Approval
Authorities
§ 1700.53
Deputy Chief Financial Officer.
VerDate Mar<15>2010
47. Revise § 1700.25 to read as
follows:
■
■
[Removed]
49. Remove § 1700.53.
CHAPTER XXXVIII—WORLD
AGRICULTURAL OUTLOOK BOARD,
DEPARTMENT OF AGRICULTURE
PART 3800—ORGANIZATION AND
FUNCTIONS
50. The authority citation for part
3800 is revised to read as follows:
■
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2013–0016]
RIN 0579–AD81
Importation of Fresh Blueberries From
Morocco Into the Continental United
States
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending the
regulations concerning the importation
of fruits and vegetables to allow the
importation of fresh blueberries from
Morocco into the continental United
States. As a condition of entry, the
blueberries must be produced under a
systems approach employing a
combination of mitigation measures for
two quarantine pests, Ceratitis capitata
and Monilinia fructigena, and must be
inspected prior to exportation from
Morocco and found free of these pests.
The blueberries may be imported in
commercial consignments only and
must be treated with one of two
approved postharvest treatments to
mitigate C. capitata. The blueberries
will have to be accompanied by a
phytosanitary certificate with an
additional declaration stating that the
conditions for importation have been
met. This action will allow the
importation of blueberries from
Morocco while continuing to protect
against the introduction of plant pests
into the United States.
DATES: Effective Date: August 29, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Dorothy Wayson, Senior Regulatory
Policy Specialist, PPQ, APHIS, 4700
River Road Unit 39, Riverdale, MD
20737–1231; (301) 851–2036.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The regulations in ‘‘Subpart–Fruits
and Vegetables’’ (7 CFR 319.56–1
E:\FR\FM\30JYR1.SGM
30JYR1
44118
Federal Register / Vol. 79, No. 146 / Wednesday, July 30, 2014 / Rules and Regulations
pmangrum on DSK3VPTVN1PROD with RULES
through 319.56–68, 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.
On December 31, 2013, we published
in the Federal Register (78 FR 79634–
79636, Docket No. APHIS–2013–0016) a
proposal 1 to amend the regulations to
allow the importation of fresh
blueberries from Morocco into the
continental United States. We prepared
a pest risk assessment (PRA), titled
‘‘Importation of Fresh Fruit of Highbush
Blueberry (Vaccinium corymbosum
Linnaeus) and its hybrid varieties
Southern Highbush Blueberry [V.
corymbosum × angustifolium (V. ×
atlanticum) and V. corymbosum ×
virgatum] into the Continental United
States from Morocco’’ (March 2012).
The PRA evaluated the risks associated
with the importation of blueberries into
the continental United States from
Morocco. Based on the information
contained in the PRA, we have
determined that measures beyond
standard port-of-entry inspection are
required to mitigate the risks posed by
these quarantine pests. To recommend
specific measures to mitigate those
risks, we prepared a risk management
document (RMD).
Based on the RMD, we proposed to
require the blueberries to be produced
under a systems approach employing a
combination of mitigation measures for
two quarantine pests, Ceratitis capitata
and Monilinia fructigena, and inspected
prior to exportation from Morocco and
found free of those pests. We proposed
to require the blueberries to be imported
in commercial consignments only and
to be treated with one of two approved
postharvest treatments to mitigate the
risk of C. capitata. We also proposed to
require the blueberries to be
accompanied by a phytosanitary
certificate with an additional
declaration stating that the conditions
for importation have been met.
We solicited comments concerning
the proposed rule for 60 days ending
March 3, 2014. We received six
comments by that date, all from private
citizens. The comments are discussed
below.
General Comments on Proposed Rule
One commenter stated that the
Animal and Plant Health Inspection
1 To view the proposed rule, PRA, RMD, and the
comments we received, go to https://
www.regulations.gov/#!docketDetail;D=APHIS2013-0016.
VerDate Mar<15>2010
14:55 Jul 29, 2014
Jkt 232001
Service (APHIS) should prohibit the
importation of blueberries from other
countries into the United States.
Another commenter agreed, stating that
the distance between Morocco and the
United States is great, and therefore,
blueberries would need to be picked
prematurely, which would negatively
affect the quality of the fruit.
Such prohibitions would be beyond
the scope of APHIS’ statutory authority
under the Plant Protection Act (7 U.S.C.
7701 et seq., referred to below as the
PPA). Under the PPA, APHIS will
prohibit the importation of a fruit or
vegetable into the United States only if
we determine that the prohibition is
necessary in order to prevent the
introduction or dissemination of a plant
pest or noxious weed within the United
States.
Additionally, as a signatory to the
World Trade Organization Agreement
on Sanitary and Phytosanitary
Measures, the United States has agreed
that any prohibitions it places on the
importation of fruits and vegetables will
be based on scientific evidence, and will
not be maintained without sufficient
scientific evidence. The blanket
prohibitions requested by the
commenters would not be in keeping
with this agreement.
A few commenters expressed concern
that the importation of blueberries from
Morocco poses a high risk of
introducing quarantine pests into the
United States.
For the reasons explained in the
proposed rule, the RMD, and this final
rule, we are confident that the systems
approach and other requirements of this
final rule will adequately mitigate the
risks associated with the importation of
blueberries from Morocco.
Comment Regarding Inspections for M.
fructigena
We proposed to include in the
regulations that blueberries would have
to be inspected in the fields for signs of
M. fructigena infestation 30 days prior
to harvest. This inspection will have to
be conducted by the national plant
protection organization (NPPO) of
Morocco. If M. fructigena is detected
during the inspection, APHIS would
prohibit the importation of blueberries
from Morocco into the continental
United States from that place of
production for the remainder of the
growing season. We also proposed that
the exportation of blueberries from the
rejected place of production may
resume in the next growing season if
APHIS and the NPPO of Morocco agree
that appropriate remedial actions have
been taken. If M. fructigena is not
detected during the field inspections,
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
the NPPO of Morocco must certify that
the consignment of blueberries has been
inspected again prior to exportation and
found free of the fungus.
One commenter stated that inspecting
a crop 30 days prior to harvest may not
ensure that the crop is free from M.
fructigena.
We note that in addition to field
inspections, which have been shown to
be effective, the blueberries are
inspected for signs of M. fructigena
prior to exportation from Morocco and
are re-inspected at the port of entry by
U.S. officials. These mitigation options
have been used successfully to mitigate
the risk of M. fructigena on fruit
imported from other countries.
Comment Regarding Treatments for C.
capitata
To mitigate the risks associated with
C. capitata on blueberries from
Morocco, we proposed that each
consignment of blueberries be treated in
accordance with 7 CFR part 305 for C.
capitata. Within part 305, § 305.2
provides that approved treatment
schedules are set out in the Plant
Protection and Quarantine (PPQ)
Treatment Manual. As the RMD
discusses, there are two approved
treatments to reduce the risk of C.
capitata: Fumigation with methyl
bromide (treatment schedule T101–i–1–
1) and cold treatment (treatment
schedule T107–a).
One commenter stated that the use of
methyl bromide to treat the blueberries
for C. capitata would not eliminate the
pest from the fruit and would
contaminate the fruit, making it unsafe
for human consumption.
Fumigation with methyl bromide is
an established and proven treatment for
blueberries and other fruits and
vegetables that is routinely employed to
successfully mitigate the risk of C.
capitata and other pests. Methyl
bromide is approved for use on articles
for human consumption. The
Environmental Protection Agency sets
tolerances, or maximum residue limits,
for pesticides used on products for
human consumption, and the Food and
Drug Administration tests imported fruit
and vegetables for compliance with
those residue limits.
Comment Regarding the Economic
Impacts on Small Businesses
A commenter recommended changes
to the proposal to address the economic
impacts on small business entities
relative to the importation of blueberries
from Morocco. Specifically, he
suggested that we restrict the volume of
blueberries imported from Morocco
each year and guarantee the sales price
E:\FR\FM\30JYR1.SGM
30JYR1
Federal Register / Vol. 79, No. 146 / Wednesday, July 30, 2014 / Rules and Regulations
of blueberries from Morocco to be no
lower than blueberries produced in the
United States.
APHIS does not have the authority to
set market price on commodities in the
United States, nor can we place quotas
or other limitations on the volume of
fruits and vegetables imported into the
United States.
Miscellaneous Changes
In the preamble to the proposed rule,
we included the requirement that ‘‘30
days prior to harvest, blueberries be
inspected in the field by the NPPO of
Morocco for signs of M. fructigena
infestation.’’ However, we did not
include in the proposed regulations that
the NPPO of Morocco would be required
to conduct this inspection. For this
reason, we are amending paragraph (c)
of § 319.56–69 to include this
information.
In addition, we stated in proposed
paragraph (c) that ‘‘the exportation of
blueberries from the rejected place of
production may resume in the next
growing season if an investigation is
conducted and APHIS and the NPPO of
Morocco agree that appropriate remedial
actions have been taken.’’ In reviewing
this statement, we realized that, as
worded, it is not clear what entity is
responsible for conducting the
investigation. While such an
investigation must be conducted by the
NPPO of Morocco, or by APHIS, or in
combination, the point we wished to
emphasize was that no exports of
blueberries can resume from such places
of production until APHIS and the
NPPO of Morocco agree that appropriate
remedial actions have been taken. For
this reason, we are amending this
statement in paragraph (c) to reflect our
intended emphasis.
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 changes discussed in this
document.
pmangrum on DSK3VPTVN1PROD with RULES
Note: In our December 2013 proposed rule,
we proposed to add the conditions governing
the importation of blueberries from Morocco
as § 319.56–63. In this final rule, those
conditions are added as § 319.56–69.
Executive Order 12866 and Regulatory
Flexibility Act
This final rule has been determined to
be not significant for the purposes of
Executive Order 12866 and, therefore,
has not been reviewed by the Office of
Management and Budget.
In accordance with the Regulatory
Flexibility Act, we have analyzed the
potential economic effects of this action
on small entities. The analysis is
summarized below. Copies of the full
VerDate Mar<15>2010
14:55 Jul 29, 2014
Jkt 232001
analysis are available on the
Regulations.gov Web site (see footnote 1
in this document for a link to
Regulations.gov) or by contacting the
person listed under FOR FURTHER
INFORMATION CONTACT.
The analysis examines the expected
economic impact for U.S small entities
of a rule that will allow the importation
of fresh blueberries from Morocco into
the continental United States. Morocco
expects to annually export 360,000
pounds of fresh blueberries to the
continental United States. This quantity
is equivalent to about one-tenth of 1
percent of U.S. domestic supply
(utilized production plus imports minus
exports) between 2007 and 2012. We
expect shipments to arrive in July and
August, during the latter part of the U.S.
season. Any impact on U.S. producers is
expected to be negligible, given the
relatively small quantity that Morocco
intends to export to the United States.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
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 blueberries to
be imported into the continental United
States from Morocco. State and local
laws and regulations regarding
blueberries imported under this rule
will be preempted while the fruit is in
foreign commerce. Fresh fruits are
generally imported for immediate
distribution and sale to the consuming
public, and remain in foreign commerce
until sold to the ultimate consumer. The
question of when foreign commerce
ceases in other cases must be addressed
on a case-by-case basis. No retroactive
effect will be given to this rule, and this
rule will not require administrative
proceedings before parties may file suit
in court challenging this rule.
Paperwork Reduction Act
In accordance with 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 final rule,
which were filed under 0579–0421,
have been submitted for approval to the
Office of Management and Budget
(OMB). When OMB notifies us of its
decision, if approval is denied, we will
publish a document in the Federal
Register providing notice of what action
we plan to take.
E-Government Act Compliance
The Animal and Plant Health
Inspection Service is committed to
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
44119
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
1. The authority citation for part 319
continues to read as follows:
■
Authority: 7 U.S.C. 450, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
2. Section 319.56–69 is added to read
as follows:
■
§ 319.56–69
Morocco.
Fresh blueberries from
Fresh fruit of highbush blueberry
(Vaccinium corymbosum L.) and its
hybrid varieties southern highbush
blueberry [V. corymbosum ×
angustifolium (V. × atlanticum) and V.
corymbosum × virgatum] may be
imported into the continental United
States from Morocco only under the
conditions described in this section.
These conditions are designed to
prevent the introduction of the
following quarantine pests: Ceratitis
capitata, the Mediterranean fruit fly,
and the fungus Monilinia fructigena
Honey ex Whetzel.
(a) The blueberries may be imported
in commercial consignments only.
(b) The blueberries must be grown at
places of production that are registered
with the national plant protection
organization (NPPO) of Morocco.
(c) During the growing season,
blueberries must be inspected in the
field by the NPPO of Morocco for signs
of M. fructigena infestation 30 days
prior to harvest. If the fungal disease is
detected, the NPPO of Morocco must
notify APHIS. APHIS will prohibit the
importation of blueberries from
Morocco into the continental United
States from the place of production for
the remainder of the growing season.
The exportation of blueberries from the
rejected place of production may not
resume until APHIS and the NPPO of
E:\FR\FM\30JYR1.SGM
30JYR1
44120
Federal Register / Vol. 79, No. 146 / Wednesday, July 30, 2014 / Rules and Regulations
Morocco agree that appropriate remedial
actions have been taken.
(d) Each consignment of blueberries
must be treated in accordance with 7
CFR part 305 for C. capitata.
(e) Each consignment of blueberries
must be accompanied by a
phytosanitary certificate issued by the
NPPO of Morocco with an additional
declaration stating that the conditions of
this section have been met, and that the
consignment has been inspected prior to
export from Morocco and found free of
M. fructigena.
(Approved by the Office of Management
and Budget under control number 0579–
0421)
Done in Washington, DC, this 23rd day of
July 2014.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2014–17843 Filed 7–29–14; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TREASURY
Office of the Comptroller of the
Currency
12 CFR Part 3
[Docket ID OCC–2014–0012]
RIN 1557–AD83
FEDERAL RESERVE SYSTEM
12 CFR Part 217
[Regulation Q; Docket No. R–1488]
RIN 7100–AE17
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Part 324
RIN 3064–AE13
Regulatory Capital Rules: Advanced
Approaches Risk-Based Capital Rule,
Revisions to the Definition of Eligible
Guarantee
Office of the Comptroller of
the Currency, Treasury; the Board of
Governors of the Federal Reserve
System; and the Federal Deposit
Insurance Corporation.
ACTION: Final rule.
pmangrum on DSK3VPTVN1PROD with RULES
AGENCIES:
The Office of the Comptroller
of the Currency (OCC), the Board of
Governors of the Federal Reserve
System (Board), and the Federal Deposit
Insurance Corporation (FDIC)
(collectively, the agencies) are adopting
a final rule that revises the definition of
SUMMARY:
VerDate Mar<15>2010
14:55 Jul 29, 2014
Jkt 232001
eligible guarantee in the agencies’
advanced approaches risk-based capital
rule, adopted in the agencies’ July 2013
regulatory capital rule (2013 capital
rule). The final rule removes the
requirement that an eligible guarantee
be made by an eligible guarantor for
purposes of calculating the riskweighted assets of an exposure (other
than a securitization exposure) under
the advanced approaches risk-based
capital rule as incorporated into the
2013 capital rule (advanced
approaches). The change to the
definition of eligible guarantee applies
to all banks, savings associations, bank
holding companies, and savings and
loan holding companies that are subject
to the advanced approaches.
DATES: This rule is effective on October
1, 2014. Any company subject to the
rule may elect to adopt it before this
date.
FOR FURTHER INFORMATION CONTACT:
OCC: Margot Schwadron, Senior Risk
Expert; or Roger Tufts, Senior Economic
Advisor, Capital Policy, (202) 649–6370;
or Carl Kaminski, Counsel, Legislative
and Regulatory Activities Division,
(202) 649–5490, for persons who are
deaf or hard of hearing, TTY, (202) 649–
5597, Office of the Comptroller of the
Currency, 400 7th Street SW.,
Washington, DC 20219.
Board: Anna Lee Hewko, Deputy
Associate Director, (202) 530–6260;
Constance M. Horsley, Assistant
Director, (202) 452–5239; Thomas
Boemio, Manager, (202) 452–2982;
Andrew Willis, Supervisory Financial
Analyst, (202) 912–4323; or Justyna
Milewski, Financial Analyst, (202) 452–
3607, Capital and Regulatory Policy,
Division of Banking Supervision and
Regulation; or Benjamin McDonough,
Senior Counsel, (202) 452–2036; April
C. Snyder, Senior Counsel, (202) 452–
3099; Christine Graham, Counsel, (202)
452–3005; or Mark Buresh, Attorney,
(202) 452–5270, Legal Division, Board of
Governors of the Federal Reserve
System, 20th and C Streets NW.,
Washington, DC 20551. For the hearing
impaired only, Telecommunication
Device for the Deaf (TDD), (202) 263–
4869.
FDIC: Bobby R. Bean, Associate
Director, bbean@fdic.gov; Ryan
Billingsley, Chief, Capital Policy
Section, rbillingsley@fdic.gov; Benedetto
Bosco, Capital Markets Policy Analyst,
bbosco@fdic.gov, Capital Markets
Branch, Division of Risk Management
Supervision, regulatorycapital@fdic.gov
or (202) 898–6888; or Michael Phillips,
Counsel, mphillips@fdic.gov; Rachel
Ackmann, Senior Attorney, rackmann@
fdic.gov; or Grace Pyun, Senior
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
Attorney, gpyun@fdic.gov, Supervision
Branch, Legal Division, Federal Deposit
Insurance Corporation, 550 17th Street
NW., Washington, DC 20429.
SUPPLEMENTARY INFORMATION:
I. Background
On May 1, 2014, the Office of the
Comptroller of the Currency (OCC), the
Board of Governors of the Federal
Reserve System (Board), and the Federal
Deposit Insurance Corporation (FDIC)
(collectively, the agencies) published in
the Federal Register a joint notice of
proposed rulemaking (NPR or proposed
rule)1 seeking public comment on
revisions to the definition of eligible
guarantee for purposes of calculating the
risk-weighted assets of an exposure
(other than a securitization exposure)
under the advanced approaches riskbased capital rule as incorporated into
subpart E (advanced approaches) of the
agencies’ July 2013 regulatory capital
rule (2013 capital rule).2
Among other changes, the 2013
capital rule amended the methodologies
for calculating risk-weighted assets
under the advanced approaches, as well
as the standardized approach for
regulatory capital in subpart D
(standardized approach) of the 2013
capital rule, which is generally
consistent with the methodologies for
calculating risk-weighted assets
established by the Basel Committee on
Banking Supervision (BCBS) through its
international framework.3 Specifically,
the 2013 capital rule included a
definition of ‘‘eligible guarantee’’ for
purposes of both the standardized
approach and the advanced approaches
and introduced a definition of ‘‘eligible
guarantor.’’
The definition of eligible guarantee
provided that an eligible guarantee
could be provided only by an eligible
guarantor. The definition of eligible
guarantor includes a sovereign, the Bank
for International Settlements, the
1 79
FR 24618 (May 1, 2014).
FR 55340 (September 10, 2013) (FDIC) and
78 FR 62018 (October 11, 2013) (OCC and Board).
On April 8, 2014, the FDIC adopted as final the
2013 revised capital rule, with no substantive
changes.
3 See BCBS, ‘‘Basel II: International Convergence
of Capital Measurement and Capital Standards: A
Revised Framework’’ (November 2005 and revised
in June 2006), available at https://www.bis.org/publ/
bcbs128.pdf. See BCBS, ‘‘Basel III: A Global
Regulatory Framework for More Resilient Banks
and Banking Systems’’ (December 2010 and revised
in June 2011), available at https://www.bis.org/publ/
bcbs189.htm. The BCBS is a committee of banking
supervisory authorities, which was established by
the central bank governors of the G–10 countries in
1975. More information regarding the BCBS and its
membership is available at https://www.bis.org/bcbs/
about.htm. Documents issued by the BCBS are
available through the Bank for International
Settlements Web site at https://www.bis.org.
2 78
E:\FR\FM\30JYR1.SGM
30JYR1
]]>Agencies
[Federal Register Volume 79, Number 146 (Wednesday, July 30, 2014)]
[Rules and Regulations]
[Pages 44117-44120]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17843]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2013-0016]
RIN 0579-AD81
Importation of Fresh Blueberries From Morocco Into the
Continental United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations concerning the importation of
fruits and vegetables to allow the importation of fresh blueberries
from Morocco into the continental United States. As a condition of
entry, the blueberries must be produced under a systems approach
employing a combination of mitigation measures for two quarantine
pests, Ceratitis capitata and Monilinia fructigena, and must be
inspected prior to exportation from Morocco and found free of these
pests. The blueberries may be imported in commercial consignments only
and must be treated with one of two approved postharvest treatments to
mitigate C. capitata. The blueberries will have to be accompanied by a
phytosanitary certificate with an additional declaration stating that
the conditions for importation have been met. This action will allow
the importation of blueberries from Morocco while continuing to protect
against the introduction of plant pests into the United States.
DATES: Effective Date: August 29, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Dorothy Wayson, Senior Regulatory
Policy Specialist, PPQ, APHIS, 4700 River Road Unit 39, Riverdale, MD
20737-1231; (301) 851-2036.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1
[[Page 44118]]
through 319.56-68, 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.
On December 31, 2013, we published in the Federal Register (78 FR
79634-79636, Docket No. APHIS-2013-0016) a proposal \1\ to amend the
regulations to allow the importation of fresh blueberries from Morocco
into the continental United States. We prepared a pest risk assessment
(PRA), titled ``Importation of Fresh Fruit of Highbush Blueberry
(Vaccinium corymbosum Linnaeus) and its hybrid varieties Southern
Highbush Blueberry [V. corymbosum x angustifolium (V. x atlanticum) and
V. corymbosum x virgatum] into the Continental United States from
Morocco'' (March 2012). The PRA evaluated the risks associated with the
importation of blueberries into the continental United States from
Morocco. Based on the information contained in the PRA, we have
determined that measures beyond standard port-of-entry inspection are
required to mitigate the risks posed by these quarantine pests. To
recommend specific measures to mitigate those risks, we prepared a risk
management document (RMD).
---------------------------------------------------------------------------
\1\ To view the proposed rule, PRA, RMD, and the comments we
received, go to https://www.regulations.gov/#!docketDetail;D=APHIS-
2013-0016.
---------------------------------------------------------------------------
Based on the RMD, we proposed to require the blueberries to be
produced under a systems approach employing a combination of mitigation
measures for two quarantine pests, Ceratitis capitata and Monilinia
fructigena, and inspected prior to exportation from Morocco and found
free of those pests. We proposed to require the blueberries to be
imported in commercial consignments only and to be treated with one of
two approved postharvest treatments to mitigate the risk of C.
capitata. We also proposed to require the blueberries to be accompanied
by a phytosanitary certificate with an additional declaration stating
that the conditions for importation have been met.
We solicited comments concerning the proposed rule for 60 days
ending March 3, 2014. We received six comments by that date, all from
private citizens. The comments are discussed below.
General Comments on Proposed Rule
One commenter stated that the Animal and Plant Health Inspection
Service (APHIS) should prohibit the importation of blueberries from
other countries into the United States. Another commenter agreed,
stating that the distance between Morocco and the United States is
great, and therefore, blueberries would need to be picked prematurely,
which would negatively affect the quality of the fruit.
Such prohibitions would be beyond the scope of APHIS' statutory
authority under the Plant Protection Act (7 U.S.C. 7701 et seq.,
referred to below as the PPA). Under the PPA, APHIS will prohibit the
importation of a fruit or vegetable into the United States only if we
determine that the prohibition is necessary in order to prevent the
introduction or dissemination of a plant pest or noxious weed within
the United States.
Additionally, as a signatory to the World Trade Organization
Agreement on Sanitary and Phytosanitary Measures, the United States has
agreed that any prohibitions it places on the importation of fruits and
vegetables will be based on scientific evidence, and will not be
maintained without sufficient scientific evidence. The blanket
prohibitions requested by the commenters would not be in keeping with
this agreement.
A few commenters expressed concern that the importation of
blueberries from Morocco poses a high risk of introducing quarantine
pests into the United States.
For the reasons explained in the proposed rule, the RMD, and this
final rule, we are confident that the systems approach and other
requirements of this final rule will adequately mitigate the risks
associated with the importation of blueberries from Morocco.
Comment Regarding Inspections for M. fructigena
We proposed to include in the regulations that blueberries would
have to be inspected in the fields for signs of M. fructigena
infestation 30 days prior to harvest. This inspection will have to be
conducted by the national plant protection organization (NPPO) of
Morocco. If M. fructigena is detected during the inspection, APHIS
would prohibit the importation of blueberries from Morocco into the
continental United States from that place of production for the
remainder of the growing season. We also proposed that the exportation
of blueberries from the rejected place of production may resume in the
next growing season if APHIS and the NPPO of Morocco agree that
appropriate remedial actions have been taken. If M. fructigena is not
detected during the field inspections, the NPPO of Morocco must certify
that the consignment of blueberries has been inspected again prior to
exportation and found free of the fungus.
One commenter stated that inspecting a crop 30 days prior to
harvest may not ensure that the crop is free from M. fructigena.
We note that in addition to field inspections, which have been
shown to be effective, the blueberries are inspected for signs of M.
fructigena prior to exportation from Morocco and are re-inspected at
the port of entry by U.S. officials. These mitigation options have been
used successfully to mitigate the risk of M. fructigena on fruit
imported from other countries.
Comment Regarding Treatments for C. capitata
To mitigate the risks associated with C. capitata on blueberries
from Morocco, we proposed that each consignment of blueberries be
treated in accordance with 7 CFR part 305 for C. capitata. Within part
305, Sec. 305.2 provides that approved treatment schedules are set out
in the Plant Protection and Quarantine (PPQ) Treatment Manual. As the
RMD discusses, there are two approved treatments to reduce the risk of
C. capitata: Fumigation with methyl bromide (treatment schedule T101-i-
1-1) and cold treatment (treatment schedule T107-a).
One commenter stated that the use of methyl bromide to treat the
blueberries for C. capitata would not eliminate the pest from the fruit
and would contaminate the fruit, making it unsafe for human
consumption.
Fumigation with methyl bromide is an established and proven
treatment for blueberries and other fruits and vegetables that is
routinely employed to successfully mitigate the risk of C. capitata and
other pests. Methyl bromide is approved for use on articles for human
consumption. The Environmental Protection Agency sets tolerances, or
maximum residue limits, for pesticides used on products for human
consumption, and the Food and Drug Administration tests imported fruit
and vegetables for compliance with those residue limits.
Comment Regarding the Economic Impacts on Small Businesses
A commenter recommended changes to the proposal to address the
economic impacts on small business entities relative to the importation
of blueberries from Morocco. Specifically, he suggested that we
restrict the volume of blueberries imported from Morocco each year and
guarantee the sales price
[[Page 44119]]
of blueberries from Morocco to be no lower than blueberries produced in
the United States.
APHIS does not have the authority to set market price on
commodities in the United States, nor can we place quotas or other
limitations on the volume of fruits and vegetables imported into the
United States.
Miscellaneous Changes
In the preamble to the proposed rule, we included the requirement
that ``30 days prior to harvest, blueberries be inspected in the field
by the NPPO of Morocco for signs of M. fructigena infestation.''
However, we did not include in the proposed regulations that the NPPO
of Morocco would be required to conduct this inspection. For this
reason, we are amending paragraph (c) of Sec. 319.56-69 to include
this information.
In addition, we stated in proposed paragraph (c) that ``the
exportation of blueberries from the rejected place of production may
resume in the next growing season if an investigation is conducted and
APHIS and the NPPO of Morocco agree that appropriate remedial actions
have been taken.'' In reviewing this statement, we realized that, as
worded, it is not clear what entity is responsible for conducting the
investigation. While such an investigation must be conducted by the
NPPO of Morocco, or by APHIS, or in combination, the point we wished to
emphasize was that no exports of blueberries can resume from such
places of production until APHIS and the NPPO of Morocco agree that
appropriate remedial actions have been taken. For this reason, we are
amending this statement in paragraph (c) to reflect our intended
emphasis.
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
changes discussed in this document.
Note: In our December 2013 proposed rule, we proposed to add
the conditions governing the importation of blueberries from Morocco
as Sec. 319.56-63. In this final rule, those conditions are added
as Sec. 319.56-69.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities. The
analysis is summarized below. Copies of the full analysis are available
on the Regulations.gov Web site (see footnote 1 in this document for a
link to Regulations.gov) or by contacting the person listed under FOR
FURTHER INFORMATION CONTACT.
The analysis examines the expected economic impact for U.S small
entities of a rule that will allow the importation of fresh blueberries
from Morocco into the continental United States. Morocco expects to
annually export 360,000 pounds of fresh blueberries to the continental
United States. This quantity is equivalent to about one-tenth of 1
percent of U.S. domestic supply (utilized production plus imports minus
exports) between 2007 and 2012. We expect shipments to arrive in July
and August, during the latter part of the U.S. season. Any impact on
U.S. producers is expected to be negligible, given the relatively small
quantity that Morocco intends to export to the United States.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has 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 blueberries to be imported into the
continental United States from Morocco. State and local laws and
regulations regarding blueberries imported under this rule will be
preempted while the fruit is in foreign commerce. Fresh fruits are
generally imported for immediate distribution and sale to the consuming
public, and remain in foreign commerce until sold to the ultimate
consumer. The question of when foreign commerce ceases in other cases
must be addressed on a case-by-case basis. No retroactive effect will
be given to this rule, and this rule will not require administrative
proceedings before parties may file suit in court challenging this
rule.
Paperwork Reduction Act
In accordance with 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 final rule, which were
filed under 0579-0421, have been submitted for approval to the Office
of Management and Budget (OMB). When OMB notifies us of its decision,
if approval is denied, we will publish a document in the Federal
Register providing notice of what action we plan to take.
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. Section 319.56-69 is added to read as follows:
Sec. 319.56-69 Fresh blueberries from Morocco.
Fresh fruit of highbush blueberry (Vaccinium corymbosum L.) and its
hybrid varieties southern highbush blueberry [V. corymbosum x
angustifolium (V. x atlanticum) and V. corymbosum x virgatum] may be
imported into the continental United States from Morocco only under the
conditions described in this section. These conditions are designed to
prevent the introduction of the following quarantine pests: Ceratitis
capitata, the Mediterranean fruit fly, and the fungus Monilinia
fructigena Honey ex Whetzel.
(a) The blueberries may be imported in commercial consignments
only.
(b) The blueberries must be grown at places of production that are
registered with the national plant protection organization (NPPO) of
Morocco.
(c) During the growing season, blueberries must be inspected in the
field by the NPPO of Morocco for signs of M. fructigena infestation 30
days prior to harvest. If the fungal disease is detected, the NPPO of
Morocco must notify APHIS. APHIS will prohibit the importation of
blueberries from Morocco into the continental United States from the
place of production for the remainder of the growing season. The
exportation of blueberries from the rejected place of production may
not resume until APHIS and the NPPO of
[[Page 44120]]
Morocco agree that appropriate remedial actions have been taken.
(d) Each consignment of blueberries must be treated in accordance
with 7 CFR part 305 for C. capitata.
(e) Each consignment of blueberries must be accompanied by a
phytosanitary certificate issued by the NPPO of Morocco with an
additional declaration stating that the conditions of this section have
been met, and that the consignment has been inspected prior to export
from Morocco and found free of M. fructigena.
(Approved by the Office of Management and Budget under control number
0579-0421)
Done in Washington, DC, this 23rd day of July 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-17843 Filed 7-29-14; 8:45 am]
BILLING CODE 3410-34-P
