Importation of Tree Tomatoes From Ecuador Into the Continental United States, 28262-28266 [2017-12944]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Proposed Rules]
[Pages 28262-28266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12944]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0072]
RIN 0579-AE23


Importation of Tree Tomatoes From Ecuador Into the Continental 
United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: 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 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: 

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 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 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 Sec.  319.56-78, are discussed in the following 
sections.

Proposed Systems Approach

General Requirements

    Proposed paragraph (a) of Sec.  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

[[Page 28263]]

details the activities that the NPPO of Ecuador and places of 
production and packinghouses registered with the NPPO of Ecuador would, 
subject to APHIS approval of the workplan, implement to meet the 
requirements of the proposed systems approach. An operational workplan 
is an arrangement between APHIS' Plant Protection and Quarantine 
program and officials of the NPPO of a foreign government that 
specifies in detail the phytosanitary measures that will comply with 
U.S. regulations governing the import or export of a specific 
commodity. Operational workplans apply only to the signatories 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 managed in the 
exporting country and make clear who is responsible for managing those 
issues. Operational workplans require APHIS approval.
    If the operational workplan is approved, APHIS would be directly 
involved with the NPPO of Ecuador in monitoring and auditing the 
systems approach implementation. Such monitoring could involve site 
visits by APHIS personnel.
    Proposed paragraph (a)(2) would require tree tomatoes intended for 
export to the continental United States to be grown by places of 
production registered with the NPPO of Ecuador. Proposed paragraph 
(a)(3) would require the tree tomatoes to be packed for export to the 
continental United States in pest-exclusionary packinghouses registered 
with the NPPO of Ecuador.
    Registration of places of production and packinghouses with the 
NPPO of Ecuador would ensure that the NPPO exercises oversight of these 
locations and that the places of production and packinghouses 
continuously follow the provisions of the export program. It would also 
facilitate traceback in the event that tree tomatoes from Ecuador are 
determined to be infested with quarantine pests.
    Proposed paragraph (a)(4) would require the NPPO of Ecuador to 
maintain all forms and documents related to export program activities 
in registered places of production and packinghouses for at least 1 
year and provide them to APHIS upon request. Such forms and documents 
would include (but would not be limited to) records regarding fruit fly 
trapping in registered places of production and records regarding pest 
detections in registered places of production and registered 
packinghouses. Based on APHIS' review of the records, we may monitor 
places of production and packinghouses as we deem warranted.
    Proposed paragraph (a)(5) would require the identity of each lot of 
tree tomato from Ecuador destined for export to the continental United 
States to be maintained throughout the export process, from the place 
of production to the release for entry in the continental United 
States. The operational workplan would have to describe the means of 
identification used that allows the lot to be traced back to its place 
of production. This requirement would facilitate traceback in the event 
that quarantine pests are discovered in a lot of tree tomatoes destined 
for export to the United States. This, in turn, would help ensure that 
timely remedial measures are taken to address the plant pest risk at 
the place of production and preclude the further export of infested 
fruit from that place of production.
    Proposed paragraph (a)(6) states that tree tomatoes from Ecuador 
may be imported in commercial consignments only. Produce grown 
commercially is less likely to be infested with plant pests than 
noncommercial consignments. Noncommercial consignments are more prone 
to infestation because the commodity is often ripe to overripe and is 
often grown with little to no pest control. Commercial consignments, as 
defined within 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.
    Proposed paragraph (a)(7) would provide that lots of tree tomatoes 
destined for export to the continental United States must be 
safeguarded during movement from registered places of production to 
registered packinghouses, and from registered packinghouses to arrival 
at the port of entry into the continental United States as specified by 
the operational workplan. Such safeguarding could include the use of 
pest-proof screens or tarpaulins to cover the lots during transit, or 
other similar measures approved by APHIS and the NPPO of Ecuador.

Place of Production Requirements

    Our systems approach would require certain measures to take place 
at the registered places of production. Proposed paragraph (b) of Sec.  
319.56-78 would contain these requirements and measures.
    Proposed paragraph (b)(1) would require that registered places of 
production of tree tomatoes destined for export to the continental 
United States be determined by APHIS and the NPPO of Ecuador to be free 
from A. fraterculus and C. capitata based on trapping conducted in 
accordance with the operational workplan. Pest free places of 
production are defined by the number of fruit flies captured in a given 
timeframe; in this case, the operational workplan would specify that 
only one fruit fly would be permitted to be trapped in the place of 
production per week. Trapping must begin at least 1 year prior to 
harvest and continue throughout the completion of harvest. Traps must 
be serviced every 7 days. If the number of flies per trap per day 
exceed levels specified in the operational workplan, the place of 
production will be prohibited from exporting tree tomatoes to the 
continental United States until APHIS and the NPPO of Ecuador jointly 
agree that the risk has been mitigated. The NPPO must keep records 
regarding the placement and monitoring of all traps, as well as records 
of all pest detections in these traps, for at least 1 year and provide 
the records to APHIS upon request.
    Establishment of fruit fly pest free places of production, in 
combination with other measures, obviates the need for post-harvest 
commodity treatments to achieve phytosanitary security. APHIS has only 
in rare instances intercepted fruit flies in tree tomatoes. Although 
tree tomatoes are considered to be poor hosts to A. fraterculus and C. 
capitata, we would require that tree tomatoes be produced in places of 
production practically free of fruit flies, i.e., fruit fly populations 
would have to be maintained below a threshold of 0.07 fruit flies per 
trap per day. Places of production would have to provide 1 year of 
trapping data with a result of low prevalence throughout the year in 
order to become a registered place of production.
    Proposed paragraph (b)(2) would require registered places of 
production to remove fallen tree tomato fruit in accordance with the 
operational workplan. It would also prohibit fallen fruit from being 
included in field containers of fruit brought to the packinghouse to be 
packed for export. Fallen fruit are especially susceptible to 
quarantine pests.
    Proposed paragraph (b)(3) would require fields at registered places 
of production to be inspected by the NPPO of Ecuador at least once 
during the growing season for Tamarillo mosaic

[[Page 28264]]

virus. Sites must be determined by the NPPO to be free of the virus as 
a result of these inspections.
    Tamarillo mosaic virus is transmitted primarily by contact between 
mechanical inoculations and grafting, but cannot be transmitted between 
plants or by seeds. Tamarillo mosaic virus reduces fruit yields and 
causes disfiguring blotches on the skin of the tree tomato fruit, which 
lowers the value of the fruit. Visual inspections at registered places 
of production for Tamarillo mosaic virus will provide the appropriate 
level of protection for the United States.
    Proposed paragraph (b)(4) would require the NPPO of Ecuador to 
visit and inspect registered places of production monthly, starting 60 
days before harvest and continuing throughout the shipping season, for 
signs of infestation and to allow APHIS to monitor these inspections. 
The NPPO of Ecuador must also certify to APHIS that registered places 
of production have in place effective fruit fly trapping programs and 
control guidelines to reduce pest populations.
    Proposed paragraph (b)(5) would provide that if APHIS or the NPPO 
of Ecuador determined that a registered place of production has failed 
to follow the requirements of the regulations, the place of production 
would be excluded from the export program until APHIS and the NPPO of 
Ecuador jointly agree that the place of production has taken 
appropriate remedial measures to address the plant pest risk.

Packinghouse Requirements

    Proposed paragraph (c) of Sec.  319.56-78 would set forth 
requirements for mitigation measures that would have to occur at 
registered packinghouses.
    Proposed paragraph (c)(1) would require that, while a registered 
packinghouse is in use for packing tree tomatoes for export to the 
continental United States, the packinghouse can only accept tree 
tomatoes that are from registered places of production that have been 
produced in accordance with proposed Sec.  319.56-78. Tree tomatoes 
from other places of production may be produced under conditions that 
are less stringent than those of this proposed rule, and may therefore 
be a pathway for introduction of quarantine pests into the 
packinghouses.
    Proposed paragraph (c)(2) would require that tree tomatoes must be 
packed in insect-proof cartons or containers or covered with insect-
proof mesh or plastic tarpaulin within 24 hours of harvest. These 
safeguards would have to remain intact until the tree tomatoes arrive 
in the United States, or the consignment would not be allowed to enter 
the United States. These requirements collectively would aid in 
preventing the tree tomatoes from becoming infested with plant pests 
during, or subsequent, to packing.
    Proposed paragraph (c)(3) would require that all openings to the 
outside of the packinghouse must be covered by screening with openings 
of not more than 1.6 mm or by some other barrier that prevents pests 
from entering. The packinghouse must have double doors at the entrance 
to the facility and at the interior entrance to the area where the tree 
tomatoes are packed.

Phytosanitary Inspections

    Proposed paragraph (d) of Sec.  319.56-78 would require the NPPO of 
Ecuador or officials authorized by the NPPO of Ecuador to visually 
inspect a biometric sample of tree tomato fruit in accordance with the 
operational workplan following post-harvest processing. The sample 
would have to be visually inspected for N. elegantalis and Tamarillo 
mosaic virus. A portion of the fruit would then have to be cut open and 
inspected for A. fraterculus and C. capitata. Cutting the fruit open 
would allow inspectors to determine whether the fruit is infested with 
A. fraterculus or C. capitata larvae.
    Proposed paragraph (d)(1) would state that if N. elegantalis is 
found, the entire lot of fruit will be prohibited from import into the 
United States unless it is treated with an approved quarantine 
treatment monitored by APHIS.
    Proposed paragraph (d)(2) would state that if Tamarillo mosaic 
virus is found, the entire lot of fruit will be prohibited from 
importation into the United States.
    Proposed paragraph (d)(3) would state that if A. fraterculus or C. 
capitata is found, the entire lot of fruit will be prohibited from 
importation to the United States and the place of production producing 
that fruit will be suspended from the export program until appropriate 
measures, as agreed upon by the NPPO of Ecuador and APHIS, have been 
taken.

Phytosanitary Certificate

    Proposed paragraph (e) of Sec.  319.56-78 would require that each 
consignment of fresh tree tomato fruit from Ecuador be accompanied by a 
phytosanitary certificate issued by the NPPO of Ecuador containing an 
additional declaration that the tomatoes were produced in accordance 
with the requirements Sec.  319.56-78, and have been inspected and 
found free of A. fraterculus, C. capitata, N. elegantalis, and 
Tamarillo mosaic virus.
    Under the general conditions for the importation of fruits and 
vegetables in Sec.  319.56-3, each consignment of tree tomatoes would 
be subject to further inspection at the port entry into the United 
States.

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 the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov).
    The tree tomato is not grown in the United States, so there would 
be no impacts of the proposed rule for U.S. producers. In 2014, the 
U.S. imported an estimated 130,000 pounds of this fruit from various 
countries. Based on conversations with Ecuadoran officials, and 
Ecuador's tree tomato production capabilities and established markets, 
we estimate that 10 percent or less of current exports would be 
diverted to the United States. Assuming an average market price of $3 
per pound, based on the import price for tree tomato from New Zealand, 
and a quantity of at most 15 shipments or 11,250 pounds, the value of 
tree tomato imports from Ecuador may reach approximately $34,000 
annually.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule would allow fresh tree tomato fruit to be 
imported into the continental United States from Ecuador. If this 
proposed rule is adopted, State and local laws and regulations 
regarding tree tomato fruit imported under this rule would be preempted 
while the fruit is in foreign commerce. Fresh fruits are generally 
imported for immediate distribution and sale to the consuming public 
and would remain in foreign commerce until sold to the ultimate 
consumer. The question of when foreign commerce ceases in other cases 
must be

[[Page 28265]]

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-2015-0072. 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 fruit and vegetable regulations to 
allow the importation of tree tomato 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 
NPPO of Ecuador.
    Implementing this rule will require an operational workplan, 
production site and packinghouse registrations, recordkeeping, 
identification, trapping, inspections, and phytosanitary certificates.
    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 0.4092 hours per response.
    Respondents: Producers and importers of tree tomatoes from Ecuador 
and the NPPO of Ecuador.
    Estimated annual number of respondents: 42.
    Estimated annual number of responses per respondent: 40.
    Estimated annual number of responses: 1,681.
    Estimated total annual burden on respondents: 688 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.
     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  Tree tomatoes from Ecuador.

    Fresh tree tomatoes (Solanum betaceum Cavanilles) may be imported 
into the continental United States from Ecuador only under the 
conditions of this systems approach described in this section. These 
conditions are designed to prevent the introduction of the following 
quarantine pests: Anastrepha fraterculus, South American fruit fly; 
Ceratitis capitata, Mediterranean fruit fly; Neoleucinodes elegantalis, 
a moth; and the Tamarillo mosaic virus.
    (a) General requirements. (1) Operational workplan. The national 
plant protection organization (NPPO) of Ecuador must provide an 
operational workplan to APHIS that details the activities that the NPPO 
of Ecuador will carry out to meet the requirements of this section. The 
operational workplan must be approved by APHIS and include and describe 
specific requirements as set forth in this section. APHIS will be 
directly involved with the NPPO of Ecuador in monitoring and auditing 
implementation of the systems approach.
    (2) Registered places of production. Tree tomatoes considered for 
export to the continental United States must be produced at places of 
production that are registered with the NPPO of Ecuador.
    (3) Registered packinghouses. Tree tomatoes must be packed for 
export to the continental United States in pest-exclusionary 
packinghouses that are registered with the NPPO of Ecuador.
    (4) Recordkeeping. The NPPO of Ecuador must maintain all forms and 
documents related to export program activities in registered places of 
production and packinghouses for at least 1 year and provide them to 
APHIS upon request.
    (5) Identification. The identity of each lot of tree tomatoes from 
Ecuador must be maintained throughout the export process, from the 
place of production until the tomatoes are released for entry into the 
continental United States. The means of identification that allows the 
lot to be traced back to the place of production in which it was 
produced, and the packinghouse in which it was packed, must be 
described in the operational workplan.
    (6) Commercial consignments. Tree tomatoes from Ecuador may be 
imported in commercial consignments only.
    (7) Safeguarding. Lots of tree tomatoes destined for export to the 
continental

[[Page 28266]]

United States must be safeguarded during movement from registered 
places of production to registered packinghouses, and from registered 
packinghouses to arrival at the port of entry into the continental 
United States, as specified by the operational workplan.
    (b) Places of production requirements. (1) Registered places of 
production of tree tomatoes destined for export to the continental 
United States must be determined by APHIS and the NPPO of Ecuador to be 
free from A. fraterculus and C. capitata based on trapping conducted in 
accordance with the operational workplan. If the flies per trap per day 
exceed levels specified in the operational workplan, the place of 
production will be prohibited from exporting tree tomatoes to the 
continental United States until APHIS and the NPPO of Ecuador jointly 
agree that the risk has been mitigated. The NPPO must keep records 
regarding the placement and monitoring of all traps, as well as records 
of all pest detections in these traps, for at least 1 year and provide 
the records to APHIS, upon request.
    (2) Places of production must remove fallen tree tomato fruit in 
accordance with the operational workplan. Fallen fruit may not be 
included in field containers of fruit brought to the packinghouse to be 
packed for export.
    (3) The NPPO of Ecuador must inspect fields at registered places of 
production at least once during the growing season for Tamarillo mosaic 
virus. Sites must be determined by the NPPO to be free of the virus as 
a result of these inspections.
    (4) Starting 60 days before harvest and continuing throughout the 
shipping season, the NPPO of Ecuador must visit and inspect registered 
places of production monthly for signs of infestation. The NPPO of 
Ecuador must allow APHIS to monitor these inspections. The NPPO of 
Ecuador must also certify to APHIS that registered places of production 
have effective fruit fly trapping programs and control guidelines in 
place to reduce pest populations.
    (5) If APHIS or the NPPO of Ecuador determines that a registered 
place of production has failed to follow the requirements in this 
paragraph (b), the place of production will be excluded from the export 
program until APHIS and the NPPO of Ecuador jointly agree that the 
place of production has taken appropriate remedial measures to address 
the plant pest risk.
    (c) Packinghouse requirements. (1) During the time registered 
packinghouses are in use for packing tree tomatoes for export to the 
continental United States, the packinghouse can only accept tree 
tomatoes that are from registered places of production and that are 
produced in accordance with this section.
    (2) Tree tomatoes must be packed in insect-proof cartons or 
containers, or covered with insect-proof mesh or plastic tarpaulin, 
within 24 hours of harvest. These safeguards must remain intact until 
the tree tomatoes arrive in the United States, or the consignment will 
not be allowed to enter the United States.
    (3) All openings to the outside of the packinghouse must be covered 
by screening with openings of not more than 1.6 mm or by some other 
barrier that prevents pests from entering. The packinghouse must have 
double doors at the entrance to the facility and at the interior 
entrance to the area where the tree tomatoes are packed.
    (d) Phytosanitary inspections. A biometric sample of tree tomato 
fruit jointly agreed upon by the NPPO of Ecuador and APHIS must be 
inspected in Ecuador by the NPPO of Ecuador or officials authorized by 
the NPPO of Ecuador following post-harvest processing. The sample must 
be visually inspected for N. elegantalis and Tamarillo mosaic virus. A 
portion of the fruit must then be cut open and inspected for A. 
fraterculus and C. capitata.
    (1) If N. elegantalis is found, the entire lot of fruit will be 
prohibited from import into the United States unless it is treated with 
an approved quarantine treatment monitored by APHIS.
    (2) If Tamarillo mosaic virus is found, the entire lot of fruit 
will be prohibited from importation into the United States.
    (3) If a single larva of A. fraterculus or C. capitata is found, 
the entire lot of fruit will be prohibited from importation to the 
United States and the place of production producing that fruit will be 
suspended from the export program until appropriate measures, as agreed 
upon by the NPPO of Ecuador and APHIS, have been taken.
    (e) Phytosanitary certificate. Each consignment of fresh tree 
tomato fruit from Ecuador must be accompanied by a phytosanitary 
certificate, issued by the NPPO of Ecuador, that contains an additional 
declaration that the tomatoes were produced in accordance with the 
requirements of this section, and have been inspected and found free of 
A. fraterculus, C. capitata, N. elegantalis, and the Tamarillo mosaic 
virus.

    Done in Washington, DC, this 16th day of June 2017.
Jere L. Dick,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2017-12944 Filed 6-20-17; 8:45 am]
 BILLING CODE 3410-34-P