Import Requirements for the Importation of Fresh Blueberries From Chile Into the United States, 17850-17851 [2020-06696]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 85, Number 62 (Tuesday, March 31, 2020)]
[Notices]
[Pages 17850-17851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06696]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2019-0049]


Import Requirements for the Importation of Fresh Blueberries From 
Chile Into the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public that we have prepared a commodity 
import evaluation document (CIED) relative to the importation into the 
United States of blueberries from Chile. Currently, blueberries from 
Chile imported into the United States from an area in which European 
grapevine moth is known to exist must be fumigated with methyl bromide. 
Based on the findings of the CIED, we are proposing to also allow the 
importation of such blueberries under the provisions of a systems 
approach. We are making the CIED available to the public for review and 
comment.

DATES: We will consider all comments that we receive on or before June 
1, 2020.

ADDRESSES:  You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/#!docketDetail;D=APHIS-2019-0049.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2019-0049, 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-2019-
0049 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 Roman, Senior Regulatory 
Policy Specialist, RCC, IRM, PHP, PPQ, APHIS, 4700 River Road Unit 133, 
Riverdale, MD 20737-1236; (301) 851-2242.

SUPPLEMENTARY INFORMATION: 

Background

    Under the regulations in ``Subpart L-Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-12, referred to below as the regulations), the 
Animal and Plant Health Inspection Service (APHIS) 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 or disseminated within the United States.
    Section 319.56-4 of the regulations provides the requirements for 
authorizing the importation of fruits and vegetables into the United 
States, as well as revising existing requirements for the importation 
of fruits and vegetables. Paragraph (c) of that section provides that 
the name and origin of all fruits and vegetables authorized importation 
into the United States, as well as the requirements for their 
importation, are listed on the internet in APHIS' Fruits and Vegetables 
Import Requirements database, or FAVIR (https://epermits.aphis.usda.gov/manual). It also provides that, if the 
Administrator of APHIS determines that any of the phytosanitary 
measures required for the importation of a particular fruit or 
vegetable are no longer necessary to reasonably mitigate the plant pest 
risk posed by the fruit or vegetable, APHIS will publish a notice in 
the Federal Register making its pest risk documentation and 
determination available for public comment.
    Currently, blueberries from Chile are listed in FAVIR as a fruit 
authorized importation into the United States. Blueberries from a 
region of Chile in which European grapevine moth (Lobesia botrana, 
EGVM) is known to exist (Regions VI, VII, VIII, or XVI) must be 
fumigated with methyl bromide.
    The national plant protection organization (NPPO) of Chile stated 
that areas of low pest prevalence for EGVM exist in Regions VIII and 
XVI of Chile, and asked that we evaluate whether blueberries from these 
two regions could be authorized importation into the United States 
under a systems approach in lieu of fumigation with methyl bromide. In 
response to this request, we have prepared a commodity import 
evaluation document (CIED). The CIED determined that a systems approach 
consisting of the following measures reasonably mitigates the plant 
pest risk associated with blueberries from Regions VIII and XVI:
     The NPPO of Chile would have to enter into an operational 
workplan with APHIS that details the activities and responsibilities 
that the NPPO would carry out in order to meet the requirements of the 
systems approach. APHIS would have to approve the workplan prior to 
implementation of the systems approach.

[[Page 17851]]

     Places of production and packinghouses would have to be 
registered with and approved by the NPPO of Chile. Additionally, 
packinghouses would have to be pest exclusionary.
     If the NPPO of Chile determines that a registered place of 
production or packinghouse is not complying with the provisions of the 
systems approach, no blueberries from the place of production or 
packinghouse would be eligible for export into the United States until 
APHIS and the NPPO conduct an investigation and appropriate remedial 
actions have been implemented.
     The NPPO of Chile would have to demonstrate continued low 
pest prevalence for EGVM in Regions VIII and XVI through a national 
trapping program for EGVM. Trapping density and servicing, as well as 
thresholds for low pest prevalence, would be detailed in the 
operational workplan.
     If the place of production is within an area of Region 
VIII or XVI that is designated by the NPPO of Chile as a regulated area 
for EGVM, the place of production would have to have a field inspection 
by the NPPO within 2 weeks prior to harvest with no finds of immature 
EGVM based on a biometric sample of plants. Places of production in 
control areas for EGVM would not be authorized to export blueberries to 
the United States under the terms of the systems approach and 
blueberries from such areas would have to be fumigated with methyl 
bromide in order to be exported to the United States.
     Packed blueberries would have to be inspected by the NPPO 
of Chile prior to export under the auspices of APHIS' preclearance 
program within Chile.
     Each shipment would have to be accompanied by a 
phytosanitary certificate issued by the NPPO with an additional 
declaration that the blueberries were produced in an area of low pest 
prevalence for EGVM.
     Each shipment would be subject to inspection for 
quarantine pests at the port of entry into the United States.
     If immature stages of EGVM are detected during field 
inspections or packinghouse inspections, or any life stage of EGVM is 
detected at a port of entry into the United States, the consignment 
could not be imported into the United States and the place of 
production would be suspended from the systems approach export program 
until reinstated. Blueberries from that place of production would have 
to be fumigated with methyl bromide in order to be exported to the 
United States until such reinstatement.
    Therefore, in accordance with Sec.  319.56-4(c)(3), we are 
announcing the availability of our CIED for public review and comment. 
This document, as well as a description of the economic considerations 
associated with the proposed systems approach, may be viewed on the 
Regulations.gov website or in our reading room (see ADDRESSES above for 
a link to Regulations.gov and information on the location and hours of 
the reading room). You may request paper copies of these documents by 
calling or writing to the person listed under FOR FURTHER INFORMATION 
CONTACT. Please refer to the subject of the analysis you wish to review 
when requesting copies.
    After reviewing any comments we receive, we will announce our 
decision regarding whether to revise the requirements for the 
importation of blueberries from Chile in a subsequent notice. If the 
overall conclusions of our analysis and the Administrator's 
determination of risk remain unchanged following our consideration of 
the comments, then we will revise the requirements for the importation 
of blueberries from Chile as described in this notice.

    Authority:  7 U.S.C. 1633, 7701-7772, and 7781-7786; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 26th day of March 2020.
Mark Davidson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2020-06696 Filed 3-30-20; 8:45 am]
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