Importation of Fresh Cherimoya Fruit From Chile Into the United States, 13375-13378 [2018-06289]

Download as PDF 13375 Rules and Regulations Federal Register Vol. 83, No. 61 Thursday, March 29, 2018 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. SUPPLEMENTARY INFORMATION: Background DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS–2015–0015] RIN 0579–AE13 Importation of Fresh Cherimoya Fruit From Chile Into the United States Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. AGENCY: We are amending the regulations to allow the importation of fresh cherimoya fruit from Chile into the continental United States in accordance with a systems approach as an alternative to the current required treatment. Commercial consignments of fresh cherimoya fruit are currently authorized entry into all ports of the United States from Chile subject to a mandatory soapy water and wax treatment. The systems approach includes requirements for production site registration, low pest prevalence area certification, post-harvest processing, and inspection at the packinghouse. The fruit will also be required to be imported in commercial consignments and accompanied by a phytosanitary certificate with an additional declaration stating that the consignment was produced in accordance with the regulations. Fresh cherimoya fruit that does not meet the conditions of the systems approach or is imported into locations outside the continental United States will continue to be allowed to be imported into the United States subject to the current soapy water and wax treatment. This will allow for the importation of fresh cherimoya fruit from Chile while continuing to provide protection against the introduction of plant pests into the continental United States. DATES: Effective April 30, 2018. rmajette on DSKBCKNHB2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 Ms. Claudia Ferguson, 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. FOR FURTHER INFORMATION CONTACT: Under the regulations in ‘‘Subpart— Fruits and Vegetables’’ (7 CFR 319.56– 1 through 319.56–81, referred to below as the regulations or the fruits and vegetables regulations), the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) prohibits or restricts the importation of fruits and vegetables into the United States from certain parts of the world to prevent plant pests from being introduced into and spread within the United States. Currently, pursuant to 7 CFR 319.56– 4(a), fresh cherimoya (Annona cherimola) fruit from Chile may be imported into the United States provided that the shipment has undergone a soapy water and wax treatment (T102-b) in accordance with the Plant Protection and Quarantine Treatment Manual to mitigate against infestation by the false red mite (Brevipalpus chilensis), is accompanied by a permit, and subjected to inspection and shipping procedures. On April 4, 2016, we published in the Federal Register (81 FR 19060–19063, Docket No. APHIS–2015–0015) a proposal 1 to amend the regulations to also allow for the importation of fresh cherimoya fruit from Chile into the continental United States provided that fruit is produced in accordance with a systems approach, as an alternative to the currently required treatment. We solicited comments concerning our proposal for 60 days ending June 3, 2016. We received 26 comments by that date. They were from importers, exporters, distributors, organizations, private citizens, and representatives of State and foreign governments. Of these, 17 were supportive of the proposed action. The remainder are discussed below, by topic. 1 To view the proposed rule, supporting documents, and the comments we received, go to https://www.regulations.gov/ #!docketDetail;D=APHIS-2015-0015. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Pest Risk Mitigations An issue of concern to several commenters was the potential introduction of the false red mite into the United States via infested fresh cherimoya fruit from Chile. One commenter stated that the post-harvest procedures noted in the pest risk assessment (PRA) of blowing fruit with compressed air to remove dust and insects, along with selection and manual packing of the fruit, would be insufficient to reliably remove pests from the pathway of fresh fruit imported into the continental United States. Another commenter also was concerned about the testing of only two or three fruit samples from each registered production site, wanting to ensure that sample sizes would be large enough to prevent pest-infested fruit from entering citrus and grape production areas in the United States. This commenter suggested incorporating an additional checkpoint test for false red mite on random fruit samples in the packaging sites prior to clearance for export. We note that the mitigations mentioned by the first commenter are standard industry practices, not the mitigations for false red mite (though the standard industry practices may remove some mites from the pathway). Chile will be allowed to export fresh cherimoya fruit to the United States subject to either a soapy water and wax treatment (as currently allowed), or through a systems approach based on low pest prevalence. Orchard and packinghouse inspections will be required to verify and maintain place of production freedom from false red mite. Chile is currently using the same systems approach for a number of other commodities (e.g. citrus, baby kiwi, pomegranate, and kiwi) with a high success rate, and there have been almost no findings of false red mite associated with the importation of susceptible commodities from Chile at U.S. ports of entry. Chile will be taking 100 samples from each production site to verify low prevalence; these samples will undergo pest detection and evaluation using a washing method where the fruit will be placed in a 20-mesh sieve on top of a 200-mesh sieve, sprinkled with a liquid soap and water solution, washed with water at high pressure, and washed with water at low pressure. The process will then be repeated. Then the sieve contents will undergo microscopic E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13376 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations analysis to detect the presence of false red mite. Each shipment of fruit destined for the United States also will be sampled for false red mite, usually amounting to 150 fruit, using the same washing method. Contrary to the second commenter’s assertion, many more than two or three samples will be taken to verify that false red mite is not present. The sampling will be done in Chile under the supervision of APHIS preclearance employees. The sampling rate for the fruit is designed to detect a 2 percent or greater infestation rate with 95 percent confidence. One commenter questioned why the alternative conditions for the importation of cherimoyas was being proposed and asked if it was a reflection of cost, stating that cost-saving measures alone should not be adopted if they increase the potential for greater phytosanitary risk. The original soapy water and wax treatment for cherimoya is older than the systems approach. Chile requested the systems approach as an option for fresh cherimoya fruit being exported to the continental United States, and we have determined that it provides an equivalent level of phytosanitary security. One commenter expressed support for the proposed rule with the caveat that any treatments conducted be equivalent to those required domestically, and that any imported fruit not meeting proper standards upon arrival in the United States receive additional treatment so as not to waste the fruit. The Tripartite Agreement on Phytosanitary Cooperation between USDA, Chilean Association of Fresh Fruit Exporters, and the Agriculture and Livestock Service of the Chilean Ministry of Agriculture has been in operation since 1982. This agreement requires that all fruit exported to the United States be shipped from Chile with the required phytosanitary certification (preclearance program). Under the preclearance program, the national plant protection organization (NPPO) of Chile must provide an operational workplan to APHIS that details the activities that the NPPO of Chile will, subject to APHIS’ approval of the workplan, carry out to comply with our regulations governing the import or export of a specific commodity. Operational workplans establish procedures and guidance for the day-today operations of specific import/export programs, specify how phytosanitary issues are dealt with in the exporting country, and make clear who is responsible for dealing with those issues. APHIS and the NPPO of Chile have an existing operational workplan VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 for commodities imported into the United States pursuant to a systems approach; this current operational workplan will be revised to reflect the contents of this final rule. USDA offices in Chile make possible the supervision of all phytosanitary aspects of each export shipment, whether fumigated, treated with soapy water and wax, or inspected, thus providing the necessary quarantine assurances to the U.S. market. All activities related to implementation of system approaches for export are directly supervised by USDA personnel. There is sufficient oversight for all treatment of fruit bound for export from Chile to the United States. If a commodity arrives in the United States and is found to be infested with a quarantine pest, treatment will be offered only if there is an APHISapproved treatment available. For fresh cherimoya fruit from Chile, the only approved treatment for false red mite is the soapy water and wax treatment, which must be performed in the country of origin. As there is no APHISapproved treatment option for infested fresh cherimoya fruit at U.S. ports of entry at this time, consignments found to be infested with quarantine pests would have to be re-exported or destroyed. Another commenter requested that fresh cherimoya fruit produced under this systems approach not be shipped into certain States due to the exotic pest-conducive environments in the Chilean production area, which in turn would place a high risk of infestation on the States’ broad range of fruit and vegetable crops. We do not agree with this commenter. Though not unprecedented, taking this kind of action for such a minor commodity would be unusual. APHIS believes that the proposed systems approach mitigations are sufficient to provide phytosanitary protection. As previously indicated, the systems approach currently is being used for citrus, baby kiwi, pomegranate, and kiwi with a high success rate, with almost no interceptions of false red mite at U.S. ports of entry. Furthermore, from 1984 to 2013 there have been no interceptions of Brevipalpus chilensis on cherimoya from Chile.2 Following post-harvest processing, fresh cherimoya fruit must undergo inspection and sampling to check for the presence of false red mites. Two commenters stated that checking for the pest presence in fruit should be done only in the final stages of the process 2 See footnote 1 for a link to the Commodity Import Evaluation Document. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 during the preclearance program inspection. One of these commenters also expressed concern regarding the use of biometric sampling instead of the 2 percent currently used for phytosanitary inspections of fresh cherimoya fruit. The commenter stated that this represented a larger number of fruit and therefore would result in a greater loss of boxes from commercial batches if sampled fruit is to be discarded. During the preclearance program inspection in Chile, any consignments containing false red mite will be rejected and the production sites will be removed from the program for the rest of that harvest season. Production sites will have to requalify as low prevalence before they can ship in the next season. With respect to the issue of biometric sampling, the proposed method is not destructive sampling. Once the biometric sample is drawn from each consignment of fruit, the fruit will be visually inspected for quarantine pests and a portion of the biometric sample must be washed with soapy water. The collected filtrate after washing must then be microscopically examined for the presence of false red mite. Fruit samples that do not contain false red mite can simply be washed and placed back into their boxes. APHIS will select the sampling rate based on the hypergeometric distribution; normally to find a 2 percent pest population, 150 fruits will be inspected. Except for very small shipments, a 2 percent straight sample will require sampling more fruit than the hypergeometric distribution would require. Again, we note that this is not destructive sampling, but merely a wash for mite, after which, uninfested fruits would be returned to their boxes. Economic Impacts One commenter expressed concern that the proposed regulation does not provide a monetary assessment or a prediction of how the regulation would impact the price of fruit. We do not have information on whether the systems approach allowed by this rule will lower the cost of exporting fresh cherimoya fruit from Chile to the United States, in comparison to the current soapy water and wax treatment for false red mite, or on the extent to which any cost savings may be passed on to U.S. importers. We expect cost savings due to this rule will be minimal. We also expect any increase in the quantity of fresh cherimoya fruit imported from Chile because of this rule to be limited, given that over 80 percent of Chile’s fresh cherimoya fruit exports are already destined for the United States. If modest price or quantity E:\FR\FM\29MRR1.SGM 29MRR1 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations effects for fresh cherimoya fruit imports from Chile do occur, impacts for U.S. producers will be slight because of different marketing seasons. As reported by the Agricultural Marketing Resource Center,3 the marketing season for fresh California cherimoya fruit usually starts in January and lasts until May. Fresh cherimoya fruit imports from South America (mainly from Chile) are usually in the fall. Miscellaneous We have made minor, nonsubstantive changes to clarify a few provisions in the regulatory text. These editorial changes do not substantively affect the import requirements. Therefore, for the reasons given in the proposed rule and this document, we are adopting the proposed rule as a final rule, with the changes discussed in this document. rmajette on DSKBCKNHB2PROD with RULES Executive Orders 12866 and 13771 and Regulatory Flexibility Act This final rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. Further, because this final rule is not significant, it is not a regulatory action under 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 on the Regulations.gov website (see footnote 1 in this document for a link to Regulations.gov) or by contacting the person listed under FOR FURTHER INFORMATION CONTACT. Over 80 percent of Chile’s fresh cherimoya fruit exports are to the United States. Any economic impact of this rule for U.S. entities will be minor because the volume of fresh cherimoya fruit imported from Chile is not expected to change significantly. Any effect on fresh cherimoya fruit prices received by U.S. producers will be all the more muted because of the difference in marketing seasons. As previously indicated, the Agricultural Marketing Resource Center reports that the season for fresh California cherimoya fruit usually starts in January and lasts until May. Fresh cherimoya fruit from South America (mainly from Chile) usually is imported in the fall. Under these circumstances, the Administrator of the Animal and Plant 3 This information may be viewed on the internet at https://www.agmrc.org/commodities-products/ fruits/cherimoya/. VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This final rule allows fresh cherimoya fruit to be imported into the continental United States from Chile under a systems approach. State and local laws and regulations regarding fresh cherimoya fruit imported under this rule will be preempted while the fruit is in foreign commerce. Fresh fruits are generally imported for immediate distribution and sale to the consuming public, and remain in foreign commerce until sold to the ultimate consumer. The question of when foreign commerce ceases in other cases must be addressed on a case-by-case basis. No retroactive effect will be given to this rule, and this rule will not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act In accordance with section 3507(d) of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the information collection requirements included in this final rule, which were filed under control number 0579–0444, have been submitted for approval to the Office of Management and Budget (OMB). When OMB notifies us of its decision, if approval is denied, we will publish a document in the Federal Register providing notice of what action we plan to take. E-Government Act Compliance The Animal and Plant Health Inspection Service is committed to compliance with the E-Government Act to promote the use of the internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes. For information pertinent to E-Government Act compliance related to this rule, please contact 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 are amending 7 CFR part 319 as follows: PART 319–FOREIGN QUARANTINE NOTICES 1. The authority citation for part 319 continues to read as follows: ■ PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 13377 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 319.56–82 is added to read as follows: ■ § 319.56–82 Fresh cherimoya from Chile. Fresh cherimoya (Annona cherimola) fruit may be imported into the United States from Chile only under the following conditions and in accordance with all other applicable provisions of this subpart. These conditions are designed to prevent the introduction of the following quarantine pest: Brevipalpus chilensis mites. (a) Commercial consignments. The fresh cherimoya fruit may be imported in commercial consignments only. (b) The risks presented by Brevipalpus chilensis mites must be addressed in one of the following ways: (1) Importation into the United States. The fresh cherimoya fruit are subject to treatment and certification consisting of: (i) A soapy water and wax treatment, in accordance with part 305 of this chapter. (ii) Each consignment of fresh cherimoya fruit must be accompanied by documentation to validate foreign site preclearance inspection after soapy water and wax treatment completed in Chile; or (2) Importation into the Continental United States. The fresh cherimoya fruit are subject to a systems approach consisting of the following: (i) Production site registration. The production site where the fruit is grown must be registered with the national plant protection organization (NPPO) of Chile. Harvested cherimoya must be placed in field cartons or containers that are marked to show the official registration of the production site. Registration must be renewed annually. (ii) Low-prevalence production site certification. The fruit must originate from a low-prevalence production site to be imported under the conditions in this section. Between 1 and 30 days prior to harvest, random samples of leaves must be collected from each registered production site under the direction of the NPPO of Chile. These samples must undergo a pest detection and evaluation method as follows: The leaves must be washed using a flushing method, placed in a 20-mesh sieve on top of a 200-mesh sieve, sprinkled with a liquid soap and water solution, washed with water at high pressure, and washed with water at low pressure. The process must then be repeated. The contents of the 200-mesh sieve must then be placed on a petri dish and analyzed for the presence of live B. chilensis mites. If a single live B. E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13378 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations chilensis mite is found, the production site will not qualify for certification as a low-prevalence production site. Each production site may have only one opportunity per season to qualify as a low-prevalence production site, and certification of low prevalence will be valid for one harvest season only. The NPPO of Chile will present a list of certified production sites to APHIS. Fruit from those production sites that do not meet the requirements for certification as low-prevalence production sites may still be imported into the United States subject to treatment as listed in paragraph (b)(1) of this section. (iii) Post-harvest processing. After harvest, all damaged or diseased fruits must be culled at the packinghouse and remaining fruit must be packed into new, clean boxes, crates, or other APHIS-approved packing containers. (iv) Phytosanitary inspection. Fruit must be inspected in Chile at an APHISapproved inspection site under the direction of APHIS inspectors in coordination with the NPPO of Chile following any post-harvest processing. A biometric sample must be drawn and examined from each consignment. Fresh cherimoya fruit can be shipped to the continental United States under the systems approach only if the consignment passes inspection. Any consignment that does not meet the requirements of this paragraph for inspection can still be imported into the United States subject to treatment as listed in paragraph (b)(1) of this section. Inspection procedures are as follows: (A) Fruit presented for inspection must be identified in the shipping documents accompanying each lot of fruit to specify the production site or sites in which the fruit was produced and the packing shed or sheds in which the fruit was processed. This identification must be maintained until the fruit is released for entry into the United States. (B) A biometric sample of the boxes, crates, or other APHIS-approved packing containers from each consignment will be selected by the NPPO of Chile, and the fruit from these boxes, crates, or other APHIS-approved packing containers will be visually inspected for quarantine pests. If a single live B. chilensis mite is found during the inspection process, the certified low-prevalence production site where the fruit was grown will lose its certification for the remainder of the harvest season. (v) Phytosanitary certificate. Each consignment of fresh cherimoya fruit must be accompanied by a phytosanitary certificate issued by the VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 NPPO of Chile that contains an additional declaration stating that the fruit in the consignment was inspected and found free of Brevipalpus chilensis and was grown, packed, and shipped in accordance with the requirements of § 319.56–82(b)(2). (Approved by the Office of Management and Budget under control number 0579– 0444) Done in Washington, DC, this 23rd day of March 2018. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2018–06289 Filed 3–28–18; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 906 [Doc. No. AMS–SC–17–0037; SC17–906–1 FR] Oranges and Grapefruit Grown in the Lower Rio Grande Valley in Texas; Decreased Assessment Rate Agricultural Marketing Service, USDA. ACTION: Final rule. AGENCY: This rule implements a recommendation from the Texas Valley Citrus Committee (Committee) to decrease the assessment rate established for the 2017–18 and subsequent fiscal periods for oranges and grapefruit handled under Marketing Order 906. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. This rule also makes administrative revisions to the subpart headings of the Order. DATES: Effective April 30, 2018. FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324– 3375, Fax: (863) 291–8614, or Email: Doris.Jamieson@ams.usda.gov or Christian.Nissen@ams.usda.gov. Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720– 2491, Fax: (202) 720–8938, or Email: Richard.Lower@ams.usda.gov. SUMMARY: PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 This action, pursuant to 5 U.S.C. 553, amends regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This rule is issued under Marketing Agreement and Order No. 906, as amended (7 CFR part 906), regulating the handling of oranges and grapefruit grown in the Lower Rio Grande Valley in Texas. Part 906 (referred to as the ‘‘Order’’), is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act.’’ The Committee locally administers the Order and is comprised of producers and handlers of oranges and grapefruit operating within the production area. The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 13563 and 13175. This action falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866 review. Additionally, because this rule does not meet the definition of a significant regulatory action, it does not trigger the requirements contained, in Executive Order 13771. See OMB’s Memorandum titled ‘‘Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled ‘‘Reducing Regulation and Controlling Regulatory Costs’’ (February 2, 2017). This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the provisions of the Order now in effect, Texas orange and grapefruit handlers are subject to assessments. Funds to administer the Order are derived from such assessments. It is intended that the assessment rate will be applicable to all assessable oranges and grapefruit beginning on August 1, 2017, and continue until amended, suspended, or terminated. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to SUPPLEMENTARY INFORMATION: E:\FR\FM\29MRR1.SGM 29MRR1

Agencies

[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Rules and Regulations]
[Pages 13375-13378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06289]

========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules
and Regulations

[[Page 13375]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0015]
RIN 0579-AE13

Importation of Fresh Cherimoya Fruit From Chile Into the United
States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending the regulations to allow the importation of
fresh cherimoya fruit from Chile into the continental United States in
accordance with a systems approach as an alternative to the current
required treatment. Commercial consignments of fresh cherimoya fruit
are currently authorized entry into all ports of the United States from
Chile subject to a mandatory soapy water and wax treatment. The systems
approach includes requirements for production site registration, low
pest prevalence area certification, post-harvest processing, and
inspection at the packinghouse. The fruit will also be required to be
imported in commercial consignments and accompanied by a phytosanitary
certificate with an additional declaration stating that the consignment
was produced in accordance with the regulations. Fresh cherimoya fruit
that does not meet the conditions of the systems approach or is
imported into locations outside the continental United States will
continue to be allowed to be imported into the United States subject to
the current soapy water and wax treatment. This will allow for the
importation of fresh cherimoya fruit from Chile while continuing to
provide protection against the introduction of plant pests into the
continental United States.

DATES: Effective April 30, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, 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

Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-81, referred to below as the regulations or the
fruits and vegetables regulations), the Animal and Plant Health
Inspection Service (APHIS) of the United States Department of
Agriculture (USDA) prohibits or restricts the importation of fruits and
vegetables into the United States from certain parts of the world to
prevent plant pests from being introduced into and spread within the
United States.
Currently, pursuant to 7 CFR 319.56-4(a), fresh cherimoya (Annona
cherimola) fruit from Chile may be imported into the United States
provided that the shipment has undergone a soapy water and wax
treatment (T102-b) in accordance with the Plant Protection and
Quarantine Treatment Manual to mitigate against infestation by the
false red mite (Brevipalpus chilensis), is accompanied by a permit, and
subjected to inspection and shipping procedures.
On April 4, 2016, we published in the Federal Register (81 FR
19060-19063, Docket No. APHIS-2015-0015) a proposal \1\ to amend the
regulations to also allow for the importation of fresh cherimoya fruit
from Chile into the continental United States provided that fruit is
produced in accordance with a systems approach, as an alternative to
the currently required treatment.
---------------------------------------------------------------------------

\1\ To view the proposed rule, supporting documents, and the
comments we received, go to https://www.regulations.gov/#!docketDetail;D=APHIS-2015-0015.
---------------------------------------------------------------------------

We solicited comments concerning our proposal for 60 days ending
June 3, 2016. We received 26 comments by that date. They were from
importers, exporters, distributors, organizations, private citizens,
and representatives of State and foreign governments. Of these, 17 were
supportive of the proposed action. The remainder are discussed below,
by topic.

Pest Risk Mitigations

An issue of concern to several commenters was the potential
introduction of the false red mite into the United States via infested
fresh cherimoya fruit from Chile. One commenter stated that the post-
harvest procedures noted in the pest risk assessment (PRA) of blowing
fruit with compressed air to remove dust and insects, along with
selection and manual packing of the fruit, would be insufficient to
reliably remove pests from the pathway of fresh fruit imported into the
continental United States. Another commenter also was concerned about
the testing of only two or three fruit samples from each registered
production site, wanting to ensure that sample sizes would be large
enough to prevent pest-infested fruit from entering citrus and grape
production areas in the United States. This commenter suggested
incorporating an additional checkpoint test for false red mite on
random fruit samples in the packaging sites prior to clearance for
export.
We note that the mitigations mentioned by the first commenter are
standard industry practices, not the mitigations for false red mite
(though the standard industry practices may remove some mites from the
pathway). Chile will be allowed to export fresh cherimoya fruit to the
United States subject to either a soapy water and wax treatment (as
currently allowed), or through a systems approach based on low pest
prevalence. Orchard and packinghouse inspections will be required to
verify and maintain place of production freedom from false red mite.
Chile is currently using the same systems approach for a number of
other commodities (e.g. citrus, baby kiwi, pomegranate, and kiwi) with
a high success rate, and there have been almost no findings of false
red mite associated with the importation of susceptible commodities
from Chile at U.S. ports of entry. Chile will be taking 100 samples
from each production site to verify low prevalence; these samples will
undergo pest detection and evaluation using a washing method where the
fruit will be placed in a 20-mesh sieve on top of a 200-mesh sieve,
sprinkled with a liquid soap and water solution, washed with water at
high pressure, and washed with water at low pressure. The process will
then be repeated. Then the sieve contents will undergo microscopic

[[Page 13376]]

analysis to detect the presence of false red mite. Each shipment of
fruit destined for the United States also will be sampled for false red
mite, usually amounting to 150 fruit, using the same washing method.
Contrary to the second commenter's assertion, many more than two or
three samples will be taken to verify that false red mite is not
present. The sampling will be done in Chile under the supervision of
APHIS preclearance employees. The sampling rate for the fruit is
designed to detect a 2 percent or greater infestation rate with 95
percent confidence.
One commenter questioned why the alternative conditions for the
importation of cherimoyas was being proposed and asked if it was a
reflection of cost, stating that cost-saving measures alone should not
be adopted if they increase the potential for greater phytosanitary
risk.
The original soapy water and wax treatment for cherimoya is older
than the systems approach. Chile requested the systems approach as an
option for fresh cherimoya fruit being exported to the continental
United States, and we have determined that it provides an equivalent
level of phytosanitary security.
One commenter expressed support for the proposed rule with the
caveat that any treatments conducted be equivalent to those required
domestically, and that any imported fruit not meeting proper standards
upon arrival in the United States receive additional treatment so as
not to waste the fruit.
The Tripartite Agreement on Phytosanitary Cooperation between USDA,
Chilean Association of Fresh Fruit Exporters, and the Agriculture and
Livestock Service of the Chilean Ministry of Agriculture has been in
operation since 1982. This agreement requires that all fruit exported
to the United States be shipped from Chile with the required
phytosanitary certification (preclearance program). Under the
preclearance program, the national plant protection organization (NPPO)
of Chile must provide an operational workplan to APHIS that details the
activities that the NPPO of Chile will, subject to APHIS' approval of
the workplan, carry out to comply with our regulations governing the
import or export of a specific commodity. Operational workplans
establish procedures and guidance for the day-to-day operations of
specific import/export programs, specify how phytosanitary issues are
dealt with in the exporting country, and make clear who is responsible
for dealing with those issues. APHIS and the NPPO of Chile have an
existing operational workplan for commodities imported into the United
States pursuant to a systems approach; this current operational
workplan will be revised to reflect the contents of this final rule.
USDA offices in Chile make possible the supervision of all
phytosanitary aspects of each export shipment, whether fumigated,
treated with soapy water and wax, or inspected, thus providing the
necessary quarantine assurances to the U.S. market. All activities
related to implementation of system approaches for export are directly
supervised by USDA personnel. There is sufficient oversight for all
treatment of fruit bound for export from Chile to the United States.
If a commodity arrives in the United States and is found to be
infested with a quarantine pest, treatment will be offered only if
there is an APHIS-approved treatment available. For fresh cherimoya
fruit from Chile, the only approved treatment for false red mite is the
soapy water and wax treatment, which must be performed in the country
of origin. As there is no APHIS-approved treatment option for infested
fresh cherimoya fruit at U.S. ports of entry at this time, consignments
found to be infested with quarantine pests would have to be re-exported
or destroyed.
Another commenter requested that fresh cherimoya fruit produced
under this systems approach not be shipped into certain States due to
the exotic pest-conducive environments in the Chilean production area,
which in turn would place a high risk of infestation on the States'
broad range of fruit and vegetable crops.
We do not agree with this commenter. Though not unprecedented,
taking this kind of action for such a minor commodity would be unusual.
APHIS believes that the proposed systems approach mitigations are
sufficient to provide phytosanitary protection. As previously
indicated, the systems approach currently is being used for citrus,
baby kiwi, pomegranate, and kiwi with a high success rate, with almost
no interceptions of false red mite at U.S. ports of entry. Furthermore,
from 1984 to 2013 there have been no interceptions of Brevipalpus
chilensis on cherimoya from Chile.\2\
---------------------------------------------------------------------------

\2\ See footnote 1 for a link to the Commodity Import Evaluation
Document.
---------------------------------------------------------------------------

Following post-harvest processing, fresh cherimoya fruit must
undergo inspection and sampling to check for the presence of false red
mites. Two commenters stated that checking for the pest presence in
fruit should be done only in the final stages of the process during the
preclearance program inspection. One of these commenters also expressed
concern regarding the use of biometric sampling instead of the 2
percent currently used for phytosanitary inspections of fresh cherimoya
fruit. The commenter stated that this represented a larger number of
fruit and therefore would result in a greater loss of boxes from
commercial batches if sampled fruit is to be discarded.
During the preclearance program inspection in Chile, any
consignments containing false red mite will be rejected and the
production sites will be removed from the program for the rest of that
harvest season. Production sites will have to requalify as low
prevalence before they can ship in the next season. With respect to the
issue of biometric sampling, the proposed method is not destructive
sampling. Once the biometric sample is drawn from each consignment of
fruit, the fruit will be visually inspected for quarantine pests and a
portion of the biometric sample must be washed with soapy water. The
collected filtrate after washing must then be microscopically examined
for the presence of false red mite. Fruit samples that do not contain
false red mite can simply be washed and placed back into their boxes.
APHIS will select the sampling rate based on the hypergeometric
distribution; normally to find a 2 percent pest population, 150 fruits
will be inspected. Except for very small shipments, a 2 percent
straight sample will require sampling more fruit than the
hypergeometric distribution would require. Again, we note that this is
not destructive sampling, but merely a wash for mite, after which,
uninfested fruits would be returned to their boxes.

Economic Impacts

One commenter expressed concern that the proposed regulation does
not provide a monetary assessment or a prediction of how the regulation
would impact the price of fruit.
We do not have information on whether the systems approach allowed
by this rule will lower the cost of exporting fresh cherimoya fruit
from Chile to the United States, in comparison to the current soapy
water and wax treatment for false red mite, or on the extent to which
any cost savings may be passed on to U.S. importers. We expect cost
savings due to this rule will be minimal. We also expect any increase
in the quantity of fresh cherimoya fruit imported from Chile because of
this rule to be limited, given that over 80 percent of Chile's fresh
cherimoya fruit exports are already destined for the United States. If
modest price or quantity

[[Page 13377]]

effects for fresh cherimoya fruit imports from Chile do occur, impacts
for U.S. producers will be slight because of different marketing
seasons. As reported by the Agricultural Marketing Resource Center,\3\
the marketing season for fresh California cherimoya fruit usually
starts in January and lasts until May. Fresh cherimoya fruit imports
from South America (mainly from Chile) are usually in the fall.
---------------------------------------------------------------------------

\3\ This information may be viewed on the internet at https://www.agmrc.org/commodities-products/fruits/cherimoya/.
_____________________________________-

Miscellaneous

We have made minor, nonsubstantive changes to clarify a few
provisions in the regulatory text. These editorial changes do not
substantively affect the import requirements.
Therefore, for the reasons given in the proposed rule and this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document.
Executive Orders 12866 and 13771 and Regulatory Flexibility Act
This final rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget. Further, because this final
rule is not significant, it is not a regulatory action under 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
on the Regulations.gov website (see footnote 1 in this document for a
link to Regulations.gov) or by contacting the person listed under FOR
FURTHER INFORMATION CONTACT.
Over 80 percent of Chile's fresh cherimoya fruit exports are to the
United States. Any economic impact of this rule for U.S. entities will
be minor because the volume of fresh cherimoya fruit imported from
Chile is not expected to change significantly. Any effect on fresh
cherimoya fruit prices received by U.S. producers will be all the more
muted because of the difference in marketing seasons. As previously
indicated, the Agricultural Marketing Resource Center reports that the
season for fresh California cherimoya fruit usually starts in January
and lasts until May. Fresh cherimoya fruit from South America (mainly
from Chile) usually is imported in the fall.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This final rule allows fresh cherimoya fruit to be imported into
the continental United States from Chile under a systems approach.
State and local laws and regulations regarding fresh cherimoya fruit
imported under this rule will be preempted while the fruit is in
foreign commerce. Fresh fruits are generally imported for immediate
distribution and sale to the consuming public, and remain in foreign
commerce until sold to the ultimate consumer. The question of when
foreign commerce ceases in other cases must be addressed on a case-by-
case basis. No retroactive effect will be given to this rule, and this
rule will not require administrative proceedings before parties may
file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection
requirements included in this final rule, which were filed under
control number 0579-0444, have been submitted for approval to the
Office of Management and Budget (OMB). When OMB notifies us of its
decision, if approval is denied, we will publish a document in the
Federal Register providing notice of what action we plan to take.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this rule, please contact 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 are amending 7 CFR part 319 as follows:

PART 319-FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C.
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

0
2. Section 319.56-82 is added to read as follows:

Sec. 319.56-82 Fresh cherimoya from Chile.

Fresh cherimoya (Annona cherimola) fruit may be imported into the
United States from Chile only under the following conditions and in
accordance with all other applicable provisions of this subpart. These
conditions are designed to prevent the introduction of the following
quarantine pest: Brevipalpus chilensis mites.
(a) Commercial consignments. The fresh cherimoya fruit may be
imported in commercial consignments only.
(b) The risks presented by Brevipalpus chilensis mites must be
addressed in one of the following ways:
(1) Importation into the United States. The fresh cherimoya fruit
are subject to treatment and certification consisting of:
(i) A soapy water and wax treatment, in accordance with part 305 of
this chapter.
(ii) Each consignment of fresh cherimoya fruit must be accompanied
by documentation to validate foreign site preclearance inspection after
soapy water and wax treatment completed in Chile; or
(2) Importation into the Continental United States. The fresh
cherimoya fruit are subject to a systems approach consisting of the
following:
(i) Production site registration. The production site where the
fruit is grown must be registered with the national plant protection
organization (NPPO) of Chile. Harvested cherimoya must be placed in
field cartons or containers that are marked to show the official
registration of the production site. Registration must be renewed
annually.
(ii) Low-prevalence production site certification. The fruit must
originate from a low-prevalence production site to be imported under
the conditions in this section. Between 1 and 30 days prior to harvest,
random samples of leaves must be collected from each registered
production site under the direction of the NPPO of Chile. These samples
must undergo a pest detection and evaluation method as follows: The
leaves must be washed using a flushing method, placed in a 20-mesh
sieve on top of a 200-mesh sieve, sprinkled with a liquid soap and
water solution, washed with water at high pressure, and washed with
water at low pressure. The process must then be repeated. The contents
of the 200-mesh sieve must then be placed on a petri dish and analyzed
for the presence of live B. chilensis mites. If a single live B.

[[Page 13378]]

chilensis mite is found, the production site will not qualify for
certification as a low-prevalence production site. Each production site
may have only one opportunity per season to qualify as a low-prevalence
production site, and certification of low prevalence will be valid for
one harvest season only. The NPPO of Chile will present a list of
certified production sites to APHIS. Fruit from those production sites
that do not meet the requirements for certification as low-prevalence
production sites may still be imported into the United States subject
to treatment as listed in paragraph (b)(1) of this section.
(iii) Post-harvest processing. After harvest, all damaged or
diseased fruits must be culled at the packinghouse and remaining fruit
must be packed into new, clean boxes, crates, or other APHIS-approved
packing containers.
(iv) Phytosanitary inspection. Fruit must be inspected in Chile at
an APHIS-approved inspection site under the direction of APHIS
inspectors in coordination with the NPPO of Chile following any post-
harvest processing. A biometric sample must be drawn and examined from
each consignment. Fresh cherimoya fruit can be shipped to the
continental United States under the systems approach only if the
consignment passes inspection. Any consignment that does not meet the
requirements of this paragraph for inspection can still be imported
into the United States subject to treatment as listed in paragraph
(b)(1) of this section. Inspection procedures are as follows:
(A) Fruit presented for inspection must be identified in the
shipping documents accompanying each lot of fruit to specify the
production site or sites in which the fruit was produced and the
packing shed or sheds in which the fruit was processed. This
identification must be maintained until the fruit is released for entry
into the United States.
(B) A biometric sample of the boxes, crates, or other APHIS-
approved packing containers from each consignment will be selected by
the NPPO of Chile, and the fruit from these boxes, crates, or other
APHIS-approved packing containers will be visually inspected for
quarantine pests. If a single live B. chilensis mite is found during
the inspection process, the certified low-prevalence production site
where the fruit was grown will lose its certification for the remainder
of the harvest season.
(v) Phytosanitary certificate. Each consignment of fresh cherimoya
fruit must be accompanied by a phytosanitary certificate issued by the
NPPO of Chile that contains an additional declaration stating that the
fruit in the consignment was inspected and found free of Brevipalpus
chilensis and was grown, packed, and shipped in accordance with the
requirements of Sec. 319.56-82(b)(2).

(Approved by the Office of Management and Budget under control number
0579-0444)

Done in Washington, DC, this 23rd day of March 2018.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2018-06289 Filed 3-28-18; 8:45 am]
BILLING CODE 3410-34-P

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