Importation of Fresh Pomegranate Fruit From Turkey Into the Continental United States, 28257-28262 [2017-12943]
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28257
Proposed Rules
Federal Register
Vol. 82, No. 118
Wednesday, June 21, 2017
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.
We will consider all comments
that we receive on or before August 21,
2017.
DATES:
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2013-0091.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2013–0091, 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-2013-0091 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.
ADDRESSES:
7 CFR Part 319
[Docket No. APHIS–2013–0091]
RIN 0579–AD88
Importation of Fresh Pomegranate
Fruit From Turkey Into the Continental
United States
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
We are proposing to amend
the fruits and vegetables regulations to
allow the importation of commercial
consignments into the continental
United States of fresh pomegranate fruit
from Turkey. As a condition of entry,
fresh pomegranate fruit from Turkey
would have to be produced in
accordance with a systems approach
that would include grove registration,
sanitation, and pest control measures;
packinghouse registration and
procedures designed to exclude
quarantine pests; cold treatment; and
procedures for packing, storing, and
shipping the pomegranate fruit. In
addition, consignments would have to
be accompanied by a phytosanitary
certificate issued by the national plant
SUMMARY:
protection organization of Turkey. This
proposed rule would allow for the
importation of fresh pomegranates from
Turkey into the continental United
States while continuing to provide
protection against the introduction of
plant pests.
Mr.
´
Tony Roman, Senior Regulatory Policy
Specialist, Regulatory Coordination and
Compliance, PPQ, APHIS, 4700 River
Road, Unit 133, Riverdale, MD 20737–
1231; (301) 851–2242.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
The regulations in ‘‘Subpart-Fruits
and Vegetables’’ (7 CFR 319.56–1
through 319.56–77, referred to below as
the regulations) prohibit or restrict the
importation of fruits and vegetables into
the United States from certain parts of
the world to prevent the introduction
and dissemination of plant pests within
the United States.
Currently, the regulations do not
authorize the importation into the
continental United States of fresh
pomegranate fruit from Turkey. The
Animal and Plant Health Inspection
Service (APHIS) received a request from
the national plant protection
organization (NPPO) of Turkey to
amend the regulations to allow the
importation of commercially produced
pomegranate fruit (Punica granatum L.)
from Turkey into the continental United
States. In evaluating Turkey’s request,
we prepared a pest risk assessment
(PRA) and a risk management document
(RMD). Copies of the PRA and the 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).
The PRA, titled ‘‘Importation of Fresh
Fruit of Pomegranate, Punica granatum
L., from Turkey into the Continental
United States’’ (February 2011, updated
October 2015), analyzes the potential
pest risk associated with the
importation of fresh pomegranates into
the continental United States from
Turkey. In the PRA, we identified nine
quarantine pests that could likely follow
the pathway of fresh pomegranates from
Turkey into the United States:
LIST OF QUARANTINE PESTS
Organism
Taxonomy
Arthropods ..........
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Type
Ceratitis capitata ..........................................................
Cryptoblabes gnidiella .................................................
Nipaecoccus viridis ......................................................
Lobesia botrana ...........................................................
Cacoecimorpha pronubana .........................................
Tenuipalpus granati .....................................................
Ceroplastes rusci .........................................................
Oxycarenus hyalinipennis ............................................
Cenopalpus pulcher .....................................................
Diptera: Tephritidae .....................................................
Lepidoptera: Pyralidae .................................................
Hemiptera: Pseudococcidae ........................................
Lepidoptera: Tortricidae ...............................................
Lepidoptera: Tortricidae ...............................................
Acari: Tenuipalpidae ....................................................
Acari: Tenuipalpidae ....................................................
Hemiptera: Lygaeidae .................................................
Hemiptera: Coccidae ...................................................
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Pest risk
potential
High.
High.
High.
High.
Medium.
Medium.
Medium.
Medium.
Medium.
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A quarantine pest is defined in
§ 319.56–2 of the regulations as a pest of
potential economic importance to the
area endangered thereby and not yet
present there, or present but not widely
distributed and being officially
controlled.
Plant pest risk potentials associated
with the importation of fresh
pomegranate fruit from Turkey into the
continental United States were derived
by estimating the consequences and
likelihood of introduction of each
quarantine pest into the United States
and ranking the pest risk potential as
being high, medium, or low. As
indicated in the above table, four of the
quarantine pests are considered to have
high pest risk potential, and five,
medium pest risk potential.
Based on the findings of the PRA,
APHIS has determined that measures
beyond standard port-of-entry
inspection would mitigate the risks
posed by these quarantine pests. These
measures are listed in the RMD and are
used as the basis for the requirements
included in this proposed rule.
Therefore, we are proposing to amend
the regulations to allow the importation
of commercial consignments of fresh
pomegranate fruit from Turkey into the
continental United States subject to a
systems approach. Requirements of the
systems approach, which would be
added to the regulations as a new
§ 319.56–78, are discussed in the
following sections.
responsible for dealing with those
issues. If the operational workplan is
approved, APHIS would be directly
involved with the NPPO of Turkey in
monitoring and auditing the systems
approach implementation. In addition,
the NPPO of Turkey would be required
to enter into a trust fund agreement with
APHIS in accordance with § 319.56–6 to
cover our monitoring and auditing costs.
Proposed § 319.56–78(a)(2) would
require that all places of production and
packinghouses in Turkey participating
in the program to export pomegranate
fruit to the continental United States be
registered with and approved by the
NPPO of Turkey. Proposed § 319.56–
78(a)(3) would require that the places of
production meet the requirements of
paragraphs (d) and (e). Under proposed
§ 319.56–78(a)(4), the fruit would have
to be packed for export to the
continental United States in a
packinghouse that meets the
requirements of paragraph (g). Proposed
§ 319.56–78(a)(5) would require that the
place of production where the
pomegranates were grown remain
identifiable for each consignment when
the fruit leaves the grove, at the
packinghouse, and throughout the
export process. Proposed § 319.56–
78(a)(6) would require that the final
release of the fruit into the continental
United States be contingent upon
compliance with required safeguards,
treatments, and inspection included in
the proposed section.
General Requirements
General requirements for importing
fresh pomegranate fruit from Turkey
into the continental United States
would be listed in proposed § 319.56–
78(a)(1). The NPPO of Turkey would be
required to provide an operational
workplan to APHIS detailing systems
approach activities, including
inspections, monitoring, and related
tasks that the NPPO of Turkey will carry
out to meet the proposed requirements.
An 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-today operations of specific import/export
programs. Operational workplans also
establish how specific phytosanitary
issues are dealt with in the exporting
country and make clear who is
Commercial Consignments
Proposed § 319.56–78(b) would
require that fresh pomegranate fruit
from Turkey be imported into the
continental United States in commercial
consignments only. Noncommercial
shipments are more prone to
infestations because the commodity is
often ripe to overripe, could be of a
variety with unknown susceptibility to
pests, and is often grown with little or
no pest control.
Commercial consignments, as defined
in § 319.56–2 of the regulations, 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.
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Monitoring and Oversight
Under proposed § 319.56–78(c)(1), the
NPPO of Turkey would be responsible
for verifying that registered grove and
packinghouse mitigation practices are
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fulfilling all requirements under the
systems approach. Details of systems
approach requirements for the places of
production and packinghouses would
be included in the operational
workplan.
APHIS may monitor and inspect the
packinghouses and places of
production. If APHIS or the NPPO of
Turkey were to find that a place of
production or a packinghouse was not
in compliance with the regulations,
pomegranates from that place of
production or packinghouse would not
be eligible for export to the United
States until APHIS and the NPPO of
Turkey conducted an investigation and
implemented appropriate remedial
actions.
Under proposed § 319.56–78(c)(2),
any personnel hired to conduct
inspections would have to be accredited
and supervised by the NPPO of Turkey.
Proposed § 319.56–78(c)(3) would
require that the NPPO of Turkey retain
all forms and documents related to
export program activities in places of
production and packinghouses for at
least 1 year and, upon request, provide
them to APHIS for review. Forms and
documents would be specified in the
operational workplan.
Grove Sanitation and Pest Control
Measures
Under paragraph (d) of proposed
§ 319.56–78, the NPPO of Turkey would
be responsible for ensuring that
registered groves are practicing proper
field sanitation, with places of
production kept free of plant debris and
fallen fruit. These sanitation measures
are essential components of good
agricultural practices and mainstays of
commercial fruit production.
In addition, the NPPO of Turkey
would be required under proposed
§ 319.56–78(e)(1) to issue pest control
guidelines to growers that will mitigate
risks posed by the quarantine pests
listed in the PRA. Details of control
measure requirements, including
treatment with fungicides, insecticides,
and other requirements, would be
included in the operational workplan.
Although pomegranate fruit is not a
primary host of L. botrana, we would
require in proposed § 319.56–78(e)(2)
that effective chemical control measures
be used against infestations of this pest,
as its larvae can feed and develop
undetected within pomegranates. As
noted above, detailed requirements for
these measures would be included in
the operational workplan.
Post-Harvest Procedures
Specific post-harvest requirements
listed in paragraph (f) of proposed
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§ 319.56–78 and detailed in the
operational workplan are intended to
safeguard fruit after harvest. The
pomegranates would have to be
safeguarded by a pest-proof screen,
plastic tarpaulin, or by some other pestproof barrier while in transit to the
packinghouse and while awaiting
packing. Fruits destined for the
continental United States would have to
be stored separately from fruit destined
for other countries or the domestic
market.
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Packinghouse Requirements
Packinghouse requirements, listed in
paragraph (g) of proposed § 319.56–78
and detailed in the operational
workplan, are intended to prevent insect
infestation of harvested fruit during
processing and packing in registered
packinghouses. Packinghouses in which
pomegranates are packed for export to
the continental United States would
have to be able to exclude quarantine
pests. During the time the packinghouse
is used to pack and export pomegranates
to the continental United States, the
packinghouse would not be able to pack
pomegranates destined for other
countries or domestic markets.
Pomegranates would have to be
visually inspected at the packinghouse
in order to cull damaged and deformed
fruit. The fruit would have to be
washed, brushed, disinfested, and
submerged in surfactant prior to cold
treatment. During the time that a
packinghouse is packing pomegranates
for export to the continental United
States, the packing lines would have to
be cleared of all other articles and plant
debris. Fruits destined for the United
States must be stored in a compartment
separate from any other fruits or plant
articles as long as they remain at the
packinghouse.
Boxes containing the packed
pomegranate fruit would have to be
marked with the identity of the packing
facility and origin of the fruit and
clearly marked as destined for export to
the continental United States.
Pomegranates would have to be packed
within 24 hours of harvest into pestproof cartons or containers or covered
with pest-proof mesh or a plastic
tarpaulin for transport to the continental
United States. Fresh pomegranates for
export to the continental United States
would have to be held in a cold storage
facility while awaiting export. If any
fruit from unregistered production sites
are stored in the same facility, the
pomegranates would have to be stored
in a separate compartment from that of
other fruit. These safeguards would
have to remain intact until arrival of the
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consignment in the continental United
States.
These packinghouse procedures,
combined with proper grove sanitation
as noted above, are effective at
mitigating against several of the highand medium-risk quarantine pests listed
in the PRA. Symptoms of infestation by
C. gnidiella, which include silk webbing
around the crown of the pomegranate
and frass caused by boring larvae, are
clearly visible upon inspection. N.
viridis infestations discolor and
disfigure the fruit, making damage
caused by this pest easily visible during
culling operations. Infestations of C.
rusci leave a sticky substance on
affected pomegranates that serves as a
medium for sooty molds, which are
apparent on affected fruit. C. pronubana
is another plant pest that leaves clearly
visible damage, making it easy to cull
during packinghouse procedures and
easily detected upon inspection by the
NPPO.
C. pulcher and T. granati are two
surface pests of pomegranate.
Submerging infested fruits in water with
surfactant, followed by brushing and
pressurized water spraying and
inspection by the NPPO of Turkey,
effectively mitigates these pests. O.
hyalinipennis is a hitchhiker pest on
pomegranate. Effective mitigation of this
pest involves hand-picking and washing
the pest from the fruit.
Turkey by the NPPO of Turkey
following post-harvest processing and
prior to shipping. The sample would
have to be visually inspected for the
quarantine pests and a portion of the
fruit would have to be cut open for
additional inspection for internal pests.
If any quarantine pests are found, the
entire consignment of pomegranate fruit
would be prohibited from importation
into the continental United States.
Details of inspection requirements
would be included in the operational
workplan.
APHIS would inspect consignments
of fresh pomegranate fruit from Turkey
at the U.S. port of entry after the
required cold treatment. Fruit presented
for inspection would have to be
identified in the shipping documents
accompanying each consignment of fruit
that specify the place of production in
which the fruit was produced and the
packinghouse in which the fruit was
processed. This identification would
have to be maintained with the
consignment until the fruit is released
for entry into the continental United
States.
Cold Treatment
Under proposed § 319.56–78(h), all
shipments of fresh pomegranate fruit
from Turkey to the continental United
States would have to undergo cold
treatment 1 for C. capitata in accordance
with the requirements for conducting
phytosanitary treatment referenced in 7
CFR part 305. This treatment would be
performed in Turkey, in transit, or at the
port of first arrival in the United States.
APHIS would monitor the treatment
program and would prescribe any
necessary safeguards for unloading,
handling, and transporting the fruit in
preparation for cold treatment. The final
release of the fruit for entry into the
continental United States would be
conditioned upon compliance with the
proposed safeguards and treatment.
Executive Orders 12866 and 13771 and
Regulatory Flexibility Act
This proposed rule has been
determined to be not significant for the
purposes of Executive Order 12866 and,
therefore, has not been reviewed by the
Office of Management and Budget.
Further, because this proposed rule is
not significant, it does not trigger the
requirements of Executive Order 13771.
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).
APHIS is proposing to allow the
importation of pomegranate from
Turkey into the continental United
States. Pomegranate fruit is not
currently permitted to enter the United
States from Turkey due to nine
quarantine pests. This regulatory change
proposes risk mitigation options,
including the application of APHISapproved treatment and post-harvest
Phytosanitary Inspection
Under proposed § 319.56–78(i), a
sample of pomegranate fruit jointly
agreed upon by APHIS and the NPPO of
Turkey would have to be inspected in
1 Treatment schedules are listed in the PPQ
Treatment Manual, located on the Internet at:
https://www.aphis.usda.gov/import_export/plants/
manuals/ports/downloads/treatment.pdf. Cold
treatment schedule T107–a is located in Chapter 5,
Treatment Schedules.
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Phytosanitary Certificate
Under proposed § 319.56–78(j), each
consignment of pomegranate fruit
would have to be accompanied by a
phytosanitary certificate issued by the
NPPO of Turkey.
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Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Proposed Rules
procedures, which would make
pomegranates from Turkey eligible for
entry into the United States.
The conditions under which APHIS is
proposing to allow the importation of
pomegranate from Turkey include: Only
commercial shipments of pomegranates
may be imported; all growers must be
registered with the NPPO of Turkey; the
pomegranates must undergo cold
treatment in Turkey, in transit, or on
first arrival in the United States; and
prescribed practices for harvesting,
packing, cleaning, and storage must be
followed. Control measures in the field
and packinghouse must be followed,
which may include fungicide,
insecticide, and disinfestation
treatments.
If 100 percent of Turkey’s exports at
2008 levels were diverted to the United
States, this would have equaled about
6.5 percent of domestic production. If
the other imports are assumed to be
pomegranates and included as part of
the total domestic market, then 100
percent of Turkey’s exports would equal
about 9 percent of the market. It is very
unlikely that Turkey would be willing
or able to divert 100 percent of its
exports to the U.S. market given its
close proximity to its existing export
markets, but in the event that it did, this
quantity would still be unlikely to have
a significant impact on the existing U.S.
market.
Based on our review of available
information, APHIS does not expect the
proposed rule to have a significant
economic impact on small entities. We
welcome the submission of comments
and additional data regarding the
potential economic effects of this
proposed action.
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Executive Order 12988
This proposed rule would allow fresh
pomegranates to be imported into the
continental United States from Turkey,
subject to a systems approach. If this
proposed rule is adopted, State and
local laws and regulations regarding
fresh pomegranates imported under this
rule would be preempted while the fruit
is in foreign commerce. Fresh
pomegranates are generally imported for
immediate distribution and sale to the
consuming public and would remain in
foreign commerce until sold to the
ultimate consumer. The question of
when foreign commerce ceases in other
cases must be addressed on a case-bycase basis. 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.
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Paperwork Reduction Act
In accordance with section 3507(d) of
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), reporting and
recordkeeping requirements included in
this proposed rule have been submitted
for approval to the Office of
Management and Budget (OMB). Please
send comments on the Information
Collection Request (ICR) to OMB’s
Office of Information and Regulatory
Affairs via email to oira_submissions@
omb.eop.gov, Attention: Desk Officer for
APHIS, Washington, DC 20503. Please
state that your comments refer to Docket
No. APHIS–2013–0091. Please send a
copy of your comments to the USDA
using one of the methods described
under ADDRESSES at the beginning of
this document.
APHIS is proposing to amend the
fruits and vegetables regulations to
allow the importation of fresh
pomegranates from Turkey into the
continental United States subject to a
systems approach. As a condition of
entry, pomegranates from Turkey would
have to be produced in accordance with
a systems approach that would include
requirements for importation in
commercial consignments; registration
of production sites and packinghouses;
grove sanitation and pest control
practices; washing, brushing, and
treatment with surface disinfectant; and
inspection for quarantine pests by the
NPPO of Turkey.
Pomegranates from Turkey would also
be required to be accompanied by a
phytosanitary certificate. This action
would allow for the importation of
pomegranates from Turkey into the
United States while continuing to
provide protection against the
introduction of quarantine pests.
Allowing fresh pomegranates to be
imported into the continental United
States from Turkey will require
information collection activities,
including phytosanitary certificates,
production site and packinghouse
registration, training, box marking,
recordkeeping, an operational workplan,
and a trust fund agreement.
We are soliciting comments from the
public (as well as affected agencies)
concerning our proposed information
collection and recordkeeping
requirements. These comments will
help us:
(1) Evaluate whether the proposed
information collection is necessary for
the proper performance of our agency’s
functions, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our
estimate of the burden of the proposed
information collection, including the
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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 0.00206 hours
per response.
Respondents: NPPO of Turkey and
pomegranate producers.
Estimated annual number of
respondents: 39.
Estimated annual number of
responses per respondent: 96,104.
Estimated annual number of
responses: 3,748,079.
Estimated total annual burden on
respondents: 7,726 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.)
A copy of the information collection
may be viewed on the Regulations.gov
Web site or in our reading room. (A link
to Regulations.gov and information on
the location and hours of the reading
room are provided under the heading
ADDRESSES at the beginning of this
proposed rule.) Copies can also be
obtained from Ms. Kimberly Hardy,
APHIS’ Information Collection
Coordinator, at (301) 851–2483. APHIS
will respond to any ICR-related
comments in the final rule. All
comments will also become a matter of
public record.
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 Ms.
Kimberly Hardy, APHIS’ Information
Collection Coordinator, at (301) 851–
2483.
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.
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Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Proposed Rules
Accordingly, we propose to amend 7
CFR part 319 as follows:
PART 319—FOREIGN QUARANTINE
NOTICES
1. The authority citation for part 319
continues to read as follows:
■
Authority: 7 U.S.C. 450, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
2. Section 319.56–78 is added to read
as follows:
■
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
§ 319.56–78
Turkey
Fresh pomegranates from
Fresh pomegranates (Punica
granatum L.) may be imported into the
continental United States from Turkey
only under the conditions described in
this section. These conditions are
designed to prevent the introduction of
the following quarantine pests:
Cacoecimorpha pronubana, Cenopalpus
pulcher, Ceratitis capitata, Ceroplastes
rusci, Cryptoblabes gnidiella, Lobesia
botrana, Nipaecoccus viridis,
Oxycarenus hyalinipennis, and
Tenuipalpus granati.
(a) General requirements. (1) The
national plant protection organization
(NPPO) of Turkey must provide an
operational workplan to APHIS that
details the pest mitigations and other
specific requirements that the NPPO of
Turkey will, subject to APHIS’ approval
of the workplan, carry out to meet the
requirements of this section. APHIS will
be directly involved with the NPPO of
Turkey in monitoring and auditing
implementation of the systems
approach. The NPPO of Turkey must
also enter into a trust fund agreement
with APHIS in accordance with
§ 319.56–6.
(2) All places of production and
packinghouses that participate in the
export program must be approved by
and registered with the NPPO of Turkey.
(3) The fruit must be grown at places
of production that meet the
requirements of paragraphs (d) and (e)
of this section.
(4) The fruit must be packed for
export to the continental United States
in a packinghouse that meets the
requirements of paragraph (g) of this
section.
(5) The place of production where the
pomegranates were grown must remain
identifiable when the fruit leaves the
grove, at the packinghouse, and
throughout the export process.
(6) Release of the fruit into the
continental United States will be
contingent upon compliance with the
safeguarding, treatment, and inspection
requirements of this section.
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(b) Commercial consignments.
Pomegranates from Turkey may be
imported to the continental United
States in commercial consignments
only.
(c) Monitoring and oversight. (1) The
NPPO of Turkey must verify that the
registered groves and packinghouses are
complying with the requirements of this
section. Details of systems approach
requirements for the places of
production and packinghouses are
included in the operational workplan.
APHIS may monitor the registered
places of production and
packinghouses. If APHIS or the NPPO of
Turkey finds that a place of production
or packinghouse is not complying with
the requirements of this section, no
pomegranates from the place of
production or packinghouse will be
eligible for export to the continental
United States until APHIS and the
NPPO of Turkey conduct an
investigation and implement
appropriate remedial actions.
(2) Any personnel conducting
inspections must be accredited and
supervised by the NPPO of Turkey.
(3) The NPPO of Turkey must retain
all forms and documents related to
export program activities in places of
production and packinghouses for at
least 1 year and, as requested, provide
them to APHIS for review. Forms and
documents are specified in the
operational workplan.
(d) Grove sanitation. The NPPO of
Turkey must ensure that registered
groves are practicing proper field
sanitation, with places of production
kept free of plant debris and fallen fruit.
Pomegranate fruit and plant debris that
has fallen from the trees at each place
of production must be removed and
properly disposed of.
(e) Pest control measures. (1) The
NPPO of Turkey must issue pest control
guidelines to growers that will mitigate
risks posed by the quarantine pests
listed in this section. Details of control
measure requirements, including
treatment with fungicides, insecticides,
and other requirements, are included in
the operational workplan.
(2) The NPPO of Turkey must ensure
that registered growers are using
chemical control measures in the groves
that effectively mitigate the risk of L.
botrana.
(f) Post-harvest procedures. The
pomegranates must be safeguarded by a
pest-proof screen, plastic tarpaulin, or
by some other pest-proof barrier while
in transit to the packinghouse and while
awaiting packing. Fruits destined for the
continental United States must be stored
separately from fruit destined for other
countries or the domestic market.
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28261
Details of post-harvest requirements are
included in the operational workplan.
(g) Packinghouse requirements. (1)
Packing of pomegranates for export to
the continental United States must be
conducted within a packinghouse
registered and approved by the NPPO of
Turkey. Packinghouses in which
pomegranates are packed for export to
the continental United States must be
able to exclude quarantine pests. During
the time the packinghouse is used to
pack and export pomegranates to the
continental United States, the
packinghouse must not pack
pomegranates destined to other
countries or domestic markets.
(2) Pomegranates must be visually
inspected at the packinghouse in order
to cull damaged and deformed fruit. The
fruit must be washed, brushed,
disinfested, and submerged in surfactant
prior to cold treatment. During the time
that a packinghouse is packing
pomegranates for export to the
continental United States, the packing
lines must be cleared of all other articles
and plant debris and the pomegranates
must be stored in a compartment
separate from any other fruits or plant
articles as long as they remain at the
packinghouse.
(3) Boxes containing the packed
pomegranate fruit must be marked with
the identity of the packing facility and
origin of the fruit and clearly marked as
destined for export to the continental
United States. Pomegranates must be
packed within 24 hours of harvest into
pest-proof cartons or containers or
covered with pest-proof mesh or a
plastic tarpaulin for transport to the
continental United States. Fresh
pomegranates for export to the
continental United States must be held
in a cold storage facility while awaiting
export. If any fruit from unregistered
production sites are stored in the same
facility, the pomegranates must be
stored in a separate compartment from
that of other fruit. These safeguards
must remain intact until arrival of the
consignment in the continental United
States.
(h) Treatment for C. capitata. All
pomegranate fruit for export from
Turkey to the continental United States
must be cold treated for C. capitata in
accordance with the requirements for
conducting phytosanitary treatment in
part 305 of this chapter. The cold
treatment may be performed in Turkey,
in transit, or at the port of first arrival
in the continental United States.
(i) Phytosanitary inspection. (1) A
sample of pomegranate fruit jointly
agreed upon by APHIS and the NPPO of
Turkey must be inspected in Turkey by
the NPPO of Turkey following post-
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28262
Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Proposed Rules
7 CFR Part 319
tree tomatoes from Ecuador while
continuing to protect against the
introduction of plant pests into the
United States.
DATES: We will consider all comments
that we receive on or before August 21,
2017.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2015-0072.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2015–0072, 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-2015-0072 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.
Claudia Ferguson, M.S., Senior
Regulatory Policy Specialist, Regulatory
Coordination and Compliance, Imports,
Regulations, and Manuals, PPQ, APHIS,
4700 River Road, Unit 133, Riverdale,
MD 20737–1231; (301) 851–2352.
SUPPLEMENTARY INFORMATION:
[Docket No. APHIS–2015–0072]
Background
RIN 0579–AE23
The regulations in ‘‘Subpart—Fruits
and Vegetables’’ (7 CFR 319.56–1
through 319.56–77, 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 Ecuador has
requested that the Animal and Plant
Health Inspection Service (APHIS)
amend the regulations to allow tree
tomatoes from Ecuador to be imported
into the continental United States.
In evaluating Ecuador’s request, we
prepared a pest risk assessment (PRA)
and 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
harvest processing and prior to
shipping. The sample must be visually
inspected and a portion of the fruit must
be cut open and inspected for
quarantine pests. If any quarantine pests
are found, the entire consignment of
pomegranate fruit will be prohibited
from importation into the continental
United States. Details of inspection
requirements are included in the
operational workplan.
(2) Fruit presented for inspection at a
U.S. port of entry must be identified in
the shipping documents accompanying
each lot of fruit that specify the place of
production in which the fruit was
produced and the packinghouse in
which the fruit was processed. This
identification must be maintained until
the fruit is released for entry into the
continental United States.
(j) Phytosanitary certificate. Each
consignment of pomegranate fruit must
be accompanied by a phytosanitary
certificate issued by the NPPO of
Turkey.
Done in Washington, DC, this 16th day of
June 2017.
Jere L. Dick,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2017–12943 Filed 6–20–17; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
Importation of Tree Tomatoes From
Ecuador Into the Continental United
States
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
We are proposing to amend
the fruit and vegetable regulations to
allow the importation of tree tomatoes
from Ecuador into the continental
United States. As a condition of entry,
the tree tomatoes would have to be
produced in accordance with a systems
approach that would include
requirements for importation in
commercial consignments, registration
and monitoring of places of production,
field monitoring and pest-control
practices, trapping, and inspection for
quarantine pests by the national plant
protection organization of Ecuador. This
action would allow the importation of
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
SUMMARY:
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ADDRESSES above for instructions for
accessing Regulations.gov).
The PRA, titled ‘‘Importation of fresh
tree tomato (Solanum betaceum
Cavanilles) from Ecuador into the
continental United States’’ (September
2013), analyzes the potential pest risk
associated with the importation of tree
tomatoes into the continental United
States from Ecuador. The PRA identified
four pests of quarantine significance
present in Ecuador that could be
introduced into the continental United
States through the importation of tree
tomatoes. They are:
Fruit Flies:
• South American fruit fly (Anastrepha
fraterculus)
• Mediterranean fruit fly (Ceratitis
capitata)
Moth:
• Tomato fruit borer (Neoleucinodes
elegantalis)
Virus:
• Tamarillo mosaic virus
The PRA derives plant pest risk
potential for these pests by estimating
the likelihood of the introduction of
each pest into the continental United
States through the importation of tree
tomatoes from Ecuador.
The PRA considers two pests to have
high pest risk potential (A. fraterculus
and C. capitata), and two to have
medium risk potential (N. elegantalis
and Tamarillo mosaic virus). Based on
the findings of the PRA, APHIS has
determined that measures beyond
standard port-of-entry inspection are
necessary to mitigate the risk associated
with the importation of tree tomatoes
from Ecuador into the continental
United States. These measures are listed
in the RMD and are used as the basis for
the requirements of this proposed rule.
Therefore, we are proposing to amend
the regulations to allow the importation
of commercial consignments of tree
tomatoes from Ecuador into the
continental United States, subject to a
systems approach. Requirements of the
systems approach, which would be
added to the regulations as new
§ 319.56–78, are discussed in the
following sections.
Proposed Systems Approach
General Requirements
Proposed paragraph (a) of § 319.56–78
would set forth general requirements for
the NPPO of Ecuador and for growers
and packers producing the tree tomatoes
for export to the continental United
States.
Paragraph (a)(1) would require the
NPPO of Ecuador to provide an
operational workplan to APHIS that
E:\FR\FM\21JNP1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Proposed Rules]
[Pages 28257-28262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12943]
========================================================================
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. 82, No. 118 / Wednesday, June 21, 2017 /
Proposed Rules
[[Page 28257]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2013-0091]
RIN 0579-AD88
Importation of Fresh Pomegranate Fruit From Turkey Into the
Continental United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to amend the fruits and vegetables
regulations to allow the importation of commercial consignments into
the continental United States of fresh pomegranate fruit from Turkey.
As a condition of entry, fresh pomegranate fruit from Turkey would have
to be produced in accordance with a systems approach that would include
grove registration, sanitation, and pest control measures; packinghouse
registration and procedures designed to exclude quarantine pests; cold
treatment; and procedures for packing, storing, and shipping the
pomegranate fruit. In addition, consignments would have to be
accompanied by a phytosanitary certificate issued by the national plant
protection organization of Turkey. This proposed rule would allow for
the importation of fresh pomegranates from Turkey into the continental
United States while continuing to provide protection against the
introduction of plant pests.
DATES: We will consider all comments that we receive on or before
August 21, 2017.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/#!docketDetail;D=APHIS-2013-0091.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2013-0091, 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-
0091 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: Mr. Tony Rom[aacute]n, Senior
Regulatory Policy Specialist, Regulatory Coordination and Compliance,
PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301)
851-2242.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-77, referred to below as the regulations) prohibit or
restrict the importation of fruits and vegetables into the United
States from certain parts of the world to prevent the introduction and
dissemination of plant pests within the United States.
Currently, the regulations do not authorize the importation into
the continental United States of fresh pomegranate fruit from Turkey.
The Animal and Plant Health Inspection Service (APHIS) received a
request from the national plant protection organization (NPPO) of
Turkey to amend the regulations to allow the importation of
commercially produced pomegranate fruit (Punica granatum L.) from
Turkey into the continental United States. In evaluating Turkey's
request, we prepared a pest risk assessment (PRA) and a risk management
document (RMD). Copies of the PRA and the 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).
The PRA, titled ``Importation of Fresh Fruit of Pomegranate, Punica
granatum L., from Turkey into the Continental United States'' (February
2011, updated October 2015), analyzes the potential pest risk
associated with the importation of fresh pomegranates into the
continental United States from Turkey. In the PRA, we identified nine
quarantine pests that could likely follow the pathway of fresh
pomegranates from Turkey into the United States:
List of Quarantine Pests
----------------------------------------------------------------------------------------------------------------
Type Organism Taxonomy Pest risk potential
----------------------------------------------------------------------------------------------------------------
Arthropods........................... Ceratitis capitata..... Diptera: Tephritidae... High.
Cryptoblabes gnidiella. Lepidoptera: Pyralidae. High.
Nipaecoccus viridis.... Hemiptera: High.
Pseudococcidae.
Lobesia botrana........ Lepidoptera: High.
Tortricidae.
Cacoecimorpha pronubana Lepidoptera: Medium.
Tortricidae.
Tenuipalpus granati.... Acari: Tenuipalpidae... Medium.
Ceroplastes rusci...... Acari: Tenuipalpidae... Medium.
Oxycarenus Hemiptera: Lygaeidae... Medium.
hyalinipennis.
Cenopalpus pulcher..... Hemiptera: Coccidae.... Medium.
----------------------------------------------------------------------------------------------------------------
[[Page 28258]]
A quarantine pest is defined in Sec. 319.56-2 of the regulations
as a pest of potential economic importance to the area endangered
thereby and not yet present there, or present but not widely
distributed and being officially controlled.
Plant pest risk potentials associated with the importation of fresh
pomegranate fruit from Turkey into the continental United States were
derived by estimating the consequences and likelihood of introduction
of each quarantine pest into the United States and ranking the pest
risk potential as being high, medium, or low. As indicated in the above
table, four of the quarantine pests are considered to have high pest
risk potential, and five, medium pest risk potential.
Based on the findings of the PRA, APHIS has determined that
measures beyond standard port-of-entry inspection would mitigate the
risks posed by these quarantine pests. These measures are listed in the
RMD and are used as the basis for the requirements included in this
proposed rule. Therefore, we are proposing to amend the regulations to
allow the importation of commercial consignments of fresh pomegranate
fruit from Turkey into the continental United States subject to a
systems approach. Requirements of the systems approach, which would be
added to the regulations as a new Sec. 319.56-78, are discussed in the
following sections.
General Requirements
General requirements for importing fresh pomegranate fruit from
Turkey into the continental United States would be listed in proposed
Sec. 319.56-78(a)(1). The NPPO of Turkey would be required to provide
an operational workplan to APHIS detailing systems approach activities,
including inspections, monitoring, and related tasks that the NPPO of
Turkey will carry out to meet the proposed requirements. An 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 import/export
programs. Operational workplans also establish how specific
phytosanitary issues are dealt with in the exporting country and make
clear who is responsible for dealing with those issues. If the
operational workplan is approved, APHIS would be directly involved with
the NPPO of Turkey in monitoring and auditing the systems approach
implementation. In addition, the NPPO of Turkey would be required to
enter into a trust fund agreement with APHIS in accordance with Sec.
319.56-6 to cover our monitoring and auditing costs.
Proposed Sec. 319.56-78(a)(2) would require that all places of
production and packinghouses in Turkey participating in the program to
export pomegranate fruit to the continental United States be registered
with and approved by the NPPO of Turkey. Proposed Sec. 319.56-78(a)(3)
would require that the places of production meet the requirements of
paragraphs (d) and (e). Under proposed Sec. 319.56-78(a)(4), the fruit
would have to be packed for export to the continental United States in
a packinghouse that meets the requirements of paragraph (g). Proposed
Sec. 319.56-78(a)(5) would require that the place of production where
the pomegranates were grown remain identifiable for each consignment
when the fruit leaves the grove, at the packinghouse, and throughout
the export process. Proposed Sec. 319.56-78(a)(6) would require that
the final release of the fruit into the continental United States be
contingent upon compliance with required safeguards, treatments, and
inspection included in the proposed section.
Commercial Consignments
Proposed Sec. 319.56-78(b) would require that fresh pomegranate
fruit from Turkey be imported into the continental United States in
commercial consignments only. Noncommercial shipments are more prone to
infestations because the commodity is often ripe to overripe, could be
of a variety with unknown susceptibility to pests, and is often grown
with little or no pest control.
Commercial consignments, as defined in Sec. 319.56-2 of the
regulations, 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.
Monitoring and Oversight
Under proposed Sec. 319.56-78(c)(1), the NPPO of Turkey would be
responsible for verifying that registered grove and packinghouse
mitigation practices are fulfilling all requirements under the systems
approach. Details of systems approach requirements for the places of
production and packinghouses would be included in the operational
workplan.
APHIS may monitor and inspect the packinghouses and places of
production. If APHIS or the NPPO of Turkey were to find that a place of
production or a packinghouse was not in compliance with the
regulations, pomegranates from that place of production or packinghouse
would not be eligible for export to the United States until APHIS and
the NPPO of Turkey conducted an investigation and implemented
appropriate remedial actions.
Under proposed Sec. 319.56-78(c)(2), any personnel hired to
conduct inspections would have to be accredited and supervised by the
NPPO of Turkey.
Proposed Sec. 319.56-78(c)(3) would require that the NPPO of
Turkey retain all forms and documents related to export program
activities in places of production and packinghouses for at least 1
year and, upon request, provide them to APHIS for review. Forms and
documents would be specified in the operational workplan.
Grove Sanitation and Pest Control Measures
Under paragraph (d) of proposed Sec. 319.56-78, the NPPO of Turkey
would be responsible for ensuring that registered groves are practicing
proper field sanitation, with places of production kept free of plant
debris and fallen fruit. These sanitation measures are essential
components of good agricultural practices and mainstays of commercial
fruit production.
In addition, the NPPO of Turkey would be required under proposed
Sec. 319.56-78(e)(1) to issue pest control guidelines to growers that
will mitigate risks posed by the quarantine pests listed in the PRA.
Details of control measure requirements, including treatment with
fungicides, insecticides, and other requirements, would be included in
the operational workplan.
Although pomegranate fruit is not a primary host of L. botrana, we
would require in proposed Sec. 319.56-78(e)(2) that effective chemical
control measures be used against infestations of this pest, as its
larvae can feed and develop undetected within pomegranates. As noted
above, detailed requirements for these measures would be included in
the operational workplan.
Post-Harvest Procedures
Specific post-harvest requirements listed in paragraph (f) of
proposed
[[Page 28259]]
Sec. 319.56-78 and detailed in the operational workplan are intended
to safeguard fruit after harvest. The pomegranates would have to be
safeguarded by a pest-proof screen, plastic tarpaulin, or by some other
pest-proof barrier while in transit to the packinghouse and while
awaiting packing. Fruits destined for the continental United States
would have to be stored separately from fruit destined for other
countries or the domestic market.
Packinghouse Requirements
Packinghouse requirements, listed in paragraph (g) of proposed
Sec. 319.56-78 and detailed in the operational workplan, are intended
to prevent insect infestation of harvested fruit during processing and
packing in registered packinghouses. Packinghouses in which
pomegranates are packed for export to the continental United States
would have to be able to exclude quarantine pests. During the time the
packinghouse is used to pack and export pomegranates to the continental
United States, the packinghouse would not be able to pack pomegranates
destined for other countries or domestic markets.
Pomegranates would have to be visually inspected at the
packinghouse in order to cull damaged and deformed fruit. The fruit
would have to be washed, brushed, disinfested, and submerged in
surfactant prior to cold treatment. During the time that a packinghouse
is packing pomegranates for export to the continental United States,
the packing lines would have to be cleared of all other articles and
plant debris. Fruits destined for the United States must be stored in a
compartment separate from any other fruits or plant articles as long as
they remain at the packinghouse.
Boxes containing the packed pomegranate fruit would have to be
marked with the identity of the packing facility and origin of the
fruit and clearly marked as destined for export to the continental
United States. Pomegranates would have to be packed within 24 hours of
harvest into pest-proof cartons or containers or covered with pest-
proof mesh or a plastic tarpaulin for transport to the continental
United States. Fresh pomegranates for export to the continental United
States would have to be held in a cold storage facility while awaiting
export. If any fruit from unregistered production sites are stored in
the same facility, the pomegranates would have to be stored in a
separate compartment from that of other fruit. These safeguards would
have to remain intact until arrival of the consignment in the
continental United States.
These packinghouse procedures, combined with proper grove
sanitation as noted above, are effective at mitigating against several
of the high- and medium-risk quarantine pests listed in the PRA.
Symptoms of infestation by C. gnidiella, which include silk webbing
around the crown of the pomegranate and frass caused by boring larvae,
are clearly visible upon inspection. N. viridis infestations discolor
and disfigure the fruit, making damage caused by this pest easily
visible during culling operations. Infestations of C. rusci leave a
sticky substance on affected pomegranates that serves as a medium for
sooty molds, which are apparent on affected fruit. C. pronubana is
another plant pest that leaves clearly visible damage, making it easy
to cull during packinghouse procedures and easily detected upon
inspection by the NPPO.
C. pulcher and T. granati are two surface pests of pomegranate.
Submerging infested fruits in water with surfactant, followed by
brushing and pressurized water spraying and inspection by the NPPO of
Turkey, effectively mitigates these pests. O. hyalinipennis is a
hitchhiker pest on pomegranate. Effective mitigation of this pest
involves hand-picking and washing the pest from the fruit.
Cold Treatment
Under proposed Sec. 319.56-78(h), all shipments of fresh
pomegranate fruit from Turkey to the continental United States would
have to undergo cold treatment \1\ for C. capitata in accordance with
the requirements for conducting phytosanitary treatment referenced in 7
CFR part 305. This treatment would be performed in Turkey, in transit,
or at the port of first arrival in the United States. APHIS would
monitor the treatment program and would prescribe any necessary
safeguards for unloading, handling, and transporting the fruit in
preparation for cold treatment. The final release of the fruit for
entry into the continental United States would be conditioned upon
compliance with the proposed safeguards and treatment.
---------------------------------------------------------------------------
\1\ Treatment schedules are listed in the PPQ Treatment Manual,
located on the Internet at: https://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf. Cold treatment
schedule T107-a is located in Chapter 5, Treatment Schedules.
---------------------------------------------------------------------------
Phytosanitary Inspection
Under proposed Sec. 319.56-78(i), a sample of pomegranate fruit
jointly agreed upon by APHIS and the NPPO of Turkey would have to be
inspected in Turkey by the NPPO of Turkey following post-harvest
processing and prior to shipping. The sample would have to be visually
inspected for the quarantine pests and a portion of the fruit would
have to be cut open for additional inspection for internal pests. If
any quarantine pests are found, the entire consignment of pomegranate
fruit would be prohibited from importation into the continental United
States. Details of inspection requirements would be included in the
operational workplan.
APHIS would inspect consignments of fresh pomegranate fruit from
Turkey at the U.S. port of entry after the required cold treatment.
Fruit presented for inspection would have to be identified in the
shipping documents accompanying each consignment of fruit that specify
the place of production in which the fruit was produced and the
packinghouse in which the fruit was processed. This identification
would have to be maintained with the consignment until the fruit is
released for entry into the continental United States.
Phytosanitary Certificate
Under proposed Sec. 319.56-78(j), each consignment of pomegranate
fruit would have to be accompanied by a phytosanitary certificate
issued by the NPPO of Turkey.
Executive Orders 12866 and 13771 and Regulatory Flexibility Act
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866 and, therefore, has not been
reviewed by the Office of Management and Budget. Further, because this
proposed rule is not significant, it does not trigger the requirements
of Executive Order 13771.
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).
APHIS is proposing to allow the importation of pomegranate from
Turkey into the continental United States. Pomegranate fruit is not
currently permitted to enter the United States from Turkey due to nine
quarantine pests. This regulatory change proposes risk mitigation
options, including the application of APHIS-approved treatment and
post-harvest
[[Page 28260]]
procedures, which would make pomegranates from Turkey eligible for
entry into the United States.
The conditions under which APHIS is proposing to allow the
importation of pomegranate from Turkey include: Only commercial
shipments of pomegranates may be imported; all growers must be
registered with the NPPO of Turkey; the pomegranates must undergo cold
treatment in Turkey, in transit, or on first arrival in the United
States; and prescribed practices for harvesting, packing, cleaning, and
storage must be followed. Control measures in the field and
packinghouse must be followed, which may include fungicide,
insecticide, and disinfestation treatments.
If 100 percent of Turkey's exports at 2008 levels were diverted to
the United States, this would have equaled about 6.5 percent of
domestic production. If the other imports are assumed to be
pomegranates and included as part of the total domestic market, then
100 percent of Turkey's exports would equal about 9 percent of the
market. It is very unlikely that Turkey would be willing or able to
divert 100 percent of its exports to the U.S. market given its close
proximity to its existing export markets, but in the event that it did,
this quantity would still be unlikely to have a significant impact on
the existing U.S. market.
Based on our review of available information, APHIS does not expect
the proposed rule to have a significant economic impact on small
entities. We welcome the submission of comments and additional data
regarding the potential economic effects of this proposed action.
Executive Order 12988
This proposed rule would allow fresh pomegranates to be imported
into the continental United States from Turkey, subject to a systems
approach. If this proposed rule is adopted, State and local laws and
regulations regarding fresh pomegranates imported under this rule would
be preempted while the fruit is in foreign commerce. Fresh pomegranates
are generally imported for immediate distribution and sale to the
consuming public and would remain in foreign commerce until sold to the
ultimate consumer. The question of when foreign commerce ceases in
other cases must be addressed on a case-by-case basis. If this proposed
rule is adopted, no retroactive effect will be given to this rule, and
this rule will not require administrative proceedings before parties
may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), reporting and recordkeeping
requirements included in this proposed rule have been submitted for
approval to the Office of Management and Budget (OMB). Please send
comments on the Information Collection Request (ICR) to OMB's Office of
Information and Regulatory Affairs via email to
oira_submissions@omb.eop.gov, Attention: Desk Officer for APHIS,
Washington, DC 20503. Please state that your comments refer to Docket
No. APHIS-2013-0091. Please send a copy of your comments to the USDA
using one of the methods described under ADDRESSES at the beginning of
this document.
APHIS is proposing to amend the fruits and vegetables regulations
to allow the importation of fresh pomegranates from Turkey into the
continental United States subject to a systems approach. As a condition
of entry, pomegranates from Turkey would have to be produced in
accordance with a systems approach that would include requirements for
importation in commercial consignments; registration of production
sites and packinghouses; grove sanitation and pest control practices;
washing, brushing, and treatment with surface disinfectant; and
inspection for quarantine pests by the NPPO of Turkey.
Pomegranates from Turkey would also be required to be accompanied
by a phytosanitary certificate. This action would allow for the
importation of pomegranates from Turkey into the United States while
continuing to provide protection against the introduction of quarantine
pests.
Allowing fresh pomegranates to be imported into the continental
United States from Turkey will require information collection
activities, including phytosanitary certificates, production site and
packinghouse registration, training, box marking, recordkeeping, an
operational workplan, and a trust fund agreement.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.00206 hours per response.
Respondents: NPPO of Turkey and pomegranate producers.
Estimated annual number of respondents: 39.
Estimated annual number of responses per respondent: 96,104.
Estimated annual number of responses: 3,748,079.
Estimated total annual burden on respondents: 7,726 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.)
A copy of the information collection may be viewed on the
Regulations.gov Web site or in our reading room. (A link to
Regulations.gov and information on the location and hours of the
reading room are provided under the heading ADDRESSES at the beginning
of this proposed rule.) Copies can also be obtained from Ms. Kimberly
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2483.
APHIS will respond to any ICR-related comments in the final rule. All
comments will also become a matter of public record.
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 Ms. Kimberly
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2483.
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.
[[Page 28261]]
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 319.56-78 is added to read as follows:
Sec. 319.56-78 Fresh pomegranates from Turkey
Fresh pomegranates (Punica granatum L.) may be imported into the
continental United States from Turkey only under the conditions
described in this section. These conditions are designed to prevent the
introduction of the following quarantine pests: Cacoecimorpha
pronubana, Cenopalpus pulcher, Ceratitis capitata, Ceroplastes rusci,
Cryptoblabes gnidiella, Lobesia botrana, Nipaecoccus viridis,
Oxycarenus hyalinipennis, and Tenuipalpus granati.
(a) General requirements. (1) The national plant protection
organization (NPPO) of Turkey must provide an operational workplan to
APHIS that details the pest mitigations and other specific requirements
that the NPPO of Turkey will, subject to APHIS' approval of the
workplan, carry out to meet the requirements of this section. APHIS
will be directly involved with the NPPO of Turkey in monitoring and
auditing implementation of the systems approach. The NPPO of Turkey
must also enter into a trust fund agreement with APHIS in accordance
with Sec. 319.56-6.
(2) All places of production and packinghouses that participate in
the export program must be approved by and registered with the NPPO of
Turkey.
(3) The fruit must be grown at places of production that meet the
requirements of paragraphs (d) and (e) of this section.
(4) The fruit must be packed for export to the continental United
States in a packinghouse that meets the requirements of paragraph (g)
of this section.
(5) The place of production where the pomegranates were grown must
remain identifiable when the fruit leaves the grove, at the
packinghouse, and throughout the export process.
(6) Release of the fruit into the continental United States will be
contingent upon compliance with the safeguarding, treatment, and
inspection requirements of this section.
(b) Commercial consignments. Pomegranates from Turkey may be
imported to the continental United States in commercial consignments
only.
(c) Monitoring and oversight. (1) The NPPO of Turkey must verify
that the registered groves and packinghouses are complying with the
requirements of this section. Details of systems approach requirements
for the places of production and packinghouses are included in the
operational workplan. APHIS may monitor the registered places of
production and packinghouses. If APHIS or the NPPO of Turkey finds that
a place of production or packinghouse is not complying with the
requirements of this section, no pomegranates from the place of
production or packinghouse will be eligible for export to the
continental United States until APHIS and the NPPO of Turkey conduct an
investigation and implement appropriate remedial actions.
(2) Any personnel conducting inspections must be accredited and
supervised by the NPPO of Turkey.
(3) The NPPO of Turkey must retain all forms and documents related
to export program activities in places of production and packinghouses
for at least 1 year and, as requested, provide them to APHIS for
review. Forms and documents are specified in the operational workplan.
(d) Grove sanitation. The NPPO of Turkey must ensure that
registered groves are practicing proper field sanitation, with places
of production kept free of plant debris and fallen fruit. Pomegranate
fruit and plant debris that has fallen from the trees at each place of
production must be removed and properly disposed of.
(e) Pest control measures. (1) The NPPO of Turkey must issue pest
control guidelines to growers that will mitigate risks posed by the
quarantine pests listed in this section. Details of control measure
requirements, including treatment with fungicides, insecticides, and
other requirements, are included in the operational workplan.
(2) The NPPO of Turkey must ensure that registered growers are
using chemical control measures in the groves that effectively mitigate
the risk of L. botrana.
(f) Post-harvest procedures. The pomegranates must be safeguarded
by a pest-proof screen, plastic tarpaulin, or by some other pest-proof
barrier while in transit to the packinghouse and while awaiting
packing. Fruits destined for the continental United States must be
stored separately from fruit destined for other countries or the
domestic market. Details of post-harvest requirements are included in
the operational workplan.
(g) Packinghouse requirements. (1) Packing of pomegranates for
export to the continental United States must be conducted within a
packinghouse registered and approved by the NPPO of Turkey.
Packinghouses in which pomegranates are packed for export to the
continental United States must be able to exclude quarantine pests.
During the time the packinghouse is used to pack and export
pomegranates to the continental United States, the packinghouse must
not pack pomegranates destined to other countries or domestic markets.
(2) Pomegranates must be visually inspected at the packinghouse in
order to cull damaged and deformed fruit. The fruit must be washed,
brushed, disinfested, and submerged in surfactant prior to cold
treatment. During the time that a packinghouse is packing pomegranates
for export to the continental United States, the packing lines must be
cleared of all other articles and plant debris and the pomegranates
must be stored in a compartment separate from any other fruits or plant
articles as long as they remain at the packinghouse.
(3) Boxes containing the packed pomegranate fruit must be marked
with the identity of the packing facility and origin of the fruit and
clearly marked as destined for export to the continental United States.
Pomegranates must be packed within 24 hours of harvest into pest-proof
cartons or containers or covered with pest-proof mesh or a plastic
tarpaulin for transport to the continental United States. Fresh
pomegranates for export to the continental United States must be held
in a cold storage facility while awaiting export. If any fruit from
unregistered production sites are stored in the same facility, the
pomegranates must be stored in a separate compartment from that of
other fruit. These safeguards must remain intact until arrival of the
consignment in the continental United States.
(h) Treatment for C. capitata. All pomegranate fruit for export
from Turkey to the continental United States must be cold treated for
C. capitata in accordance with the requirements for conducting
phytosanitary treatment in part 305 of this chapter. The cold treatment
may be performed in Turkey, in transit, or at the port of first arrival
in the continental United States.
(i) Phytosanitary inspection. (1) A sample of pomegranate fruit
jointly agreed upon by APHIS and the NPPO of Turkey must be inspected
in Turkey by the NPPO of Turkey following post-
[[Page 28262]]
harvest processing and prior to shipping. The sample must be visually
inspected and a portion of the fruit must be cut open and inspected for
quarantine pests. If any quarantine pests are found, the entire
consignment of pomegranate fruit will be prohibited from importation
into the continental United States. Details of inspection requirements
are included in the operational workplan.
(2) Fruit presented for inspection at a U.S. port of entry must be
identified in the shipping documents accompanying each lot of fruit
that specify the place of production in which the fruit was produced
and the packinghouse in which the fruit was processed. This
identification must be maintained until the fruit is released for entry
into the continental United States.
(j) Phytosanitary certificate. Each consignment of pomegranate
fruit must be accompanied by a phytosanitary certificate issued by the
NPPO of Turkey.
Done in Washington, DC, this 16th day of June 2017.
Jere L. Dick,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2017-12943 Filed 6-20-17; 8:45 am]
BILLING CODE 3410-34-P
