81401

Proposed Rules Federal Register Vol. 76, No. 249

Wednesday, December 28, 2011

This section of the FEDERAL REGISTER • Postal Mail/Commercial Delivery: into the Continental United States’’ contains notices to the public of the proposed Send your comment to Docket No. (November 2008). That PRA evaluates issuance of rules and regulations. The APHIS–2009–0084, Regulatory Analysis the risks associated with the purpose of these notices is to give interested and Development, PPD, APHIS, Station importation of litchi fruit with up to 5 persons an opportunity to participate in the 3A–03.8, 4700 River Road Unit 118, millimeters of stem into the continental rule making prior to the adoption of the final rules. Riverdale, MD 20737–1238. United States from Australia. The Supporting documents and any threshold allowing for a maximum of 5 comments we receive on this docket millimeters of stem on the imported DEPARTMENT OF AGRICULTURE may be viewed at http:// litchi fruit was included in Australia’s www.regulations.gov/ request and therefore established as the and Plant Health Inspection #!docketDetail;D=APHIS-2009-0084 or allowable limit in the PRA. Service in our reading room, which is located in The PRA identified 15 pests of room 1141 of the USDA South Building, quarantine significance present in 7 CFR Part 319 14th Street and Independence Avenue, Australia that could be introduced into SW., Washington, DC. Normal reading the United States through the [Docket No. APHIS–2009–0084] room hours are 8 a.m. to 4:30 p.m., importation of litchi fruit, including 3 RIN 0579–AD56 Monday through Friday, except fruit flies, 7 lepidopteran pests, 2 scales, holidays. To be sure someone is there to 2 pests, and 1 mite. help you, please call (202) 6902817 Importation of Litchi Fruit From Fruit flies Australia before coming. FOR FURTHER INFORMATION CONTACT: Ms. Jarvis’s fruit fly (Bactrocera jarvisi). AGENCY: Animal and Plant Health Dorothy C. Wayson, Regulatory Queensland fruit fly (Bactrocera Inspection Service, USDA. Coordination Specialist, PPQ, APHIS, tryoni). ACTION: Proposed rule. 4700 River Road Unit 141, Riverdale, Mediterranean fruit fly (Ceratitis MD 20737–1231; (301) 734–0772. capitata). SUMMARY: We are proposing to allow, under certain conditions, the SUPPLEMENTARY INFORMATION: Lepidopteran pests importation of commercial shipments of Background Yellow peach (Conogethes litchi fruit from Australia into the punctiferalis). The regulations in ‘‘Subpart—Fruits continental United States, except Litchi fruit moth (Cryptophlebia and Vegetables’’ (7 CFR 319.56–1 Florida. As a condition of entry, the ombrodelta). through 319.56–54, referred to below as litchi fruit would have to be grown in Orange fruit borer (Isotenes the regulations) prohibit or restrict the production areas that are registered with miserana). importation of fruits and vegetables into and monitored by the national plant The moth Cateremna quadriguttella. the United States from certain parts of protection organization of Australia and Bright cornelian ( diovis). the world to prevent the introduction treated with irradiation at a dose of 400 Dull cornelian (Deudorix epijarbas and dissemination of plant pests that are gray for plant pests of the class Insecta, dido). new to or not widely distributed within except pupae and adults of the order Flower caterpillar (Phycita the United States. , and subject to inspection. leucomilta). The national plant protection The fruits would also have to be organization (NPPO) of Australia has Scales accompanied by a phytosanitary requested that the Animal and Plant certificate with an additional Red wax scale (Ceroplastes rubens). Health Inspection Service (APHIS) declaration stating that the conditions Green scale (Coccus viridis). amend the regulations to allow fresh for importation have been met. litchi fruit (Litchi chinensis Sonn.) from Insect pests Additionally, litchi would not be Australia to be imported into the imported into or distributed to the State Spherical mealybug (Nipaecoccus continental United States. As part of our of Florida, due to the presence of litchi viridis). evaluation of Australia’s request, we rust mite in Australia. This action Passionvine mealybug (Planococcus prepared a pest risk assessment (PRA) would allow for the importation of litchi minor). and a risk management document. fruit from Australia into the continental Copies of the PRA and risk management Mite United States, except Florida, while document may be obtained from the Litchi hairy mite (Aceria litchii). continuing to provide protection against person listed under FOR FURTHER the introduction of quarantine pests. Proposed Systems Approach INFORMATION CONTACT or viewed on the DATES: We will consider all comments Regulations.gov Web site or in our Based on the risk management that we receive on or before February reading room (see ADDRESSES above for document, APHIS has determined that 27, 2012. a link to Regulations.gov and measures beyond the standard port of ADDRESSES: You may submit comments information on the location and hours of arrival inspection are required to by either of the following methods: the reading room). mitigate the risks posed by these plant • Federal eRulemaking Portal: Go to As part of our evaluation of that pests. Therefore, we are proposing to http://www.regulations.gov/ request, we prepared a PRA titled allow the importation of litchi from #!documentDetail;D=APHIS-2009-0084- ‘‘Importation of Fresh Litchi, Litchi Australia into the United States only if 0001. chinensis Sonn. Fruit from Australia they are produced in accordance with a

VerDate Mar<15>2010 17:25 Dec 27, 2011 Jkt 226001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\28DEP1.SGM 28DEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 81402 Federal Register / Vol. 76, No. 249 / Wednesday, December 28, 2011 / Proposed Rules

systems approach to mitigate pest risk United States in USDA Plant Hardiness with traceback capability. Harvested as outlined below. We are proposing to Zones 9 through 11. Neither of its two fruit is moved to the packinghouses in add the systems approach to the hosts, or litchi, occur naturally a manner that would preclude regulations in a new § 319.56–55 in the United States; however, both reinfestation by pests. Culling of governing the importation of litchi from litchis and are commercially blemished and damaged fruit occurs in Australia. grown in the State of Florida and the the field and during the post-harvest climatic conditions in Florida present commercial processing of the fruit. Place of Production Requirements the highest risk for establishment of the The regulations in § 319.56–3 provide Paragraph (a) of proposed § 319.56–55 pest. For this reason, our regulations that all imported fruits and vegetables would require that litchi fruit be grown generally prohibit the movement of shall be inspected, and shall be subject in approved places of production that litchi into Florida from areas where the to such disinfection at the port of first are registered with and monitored by litchi hairy mite is present. Litchi from arrival as may be required by an the NPPO of Australia. China, India, and Thailand that are inspector. The pre-export inspection Treatment imported under § 319.56–13 and conducted by APHIS personnel as part § 319.56–47, respectively, are also not of preclearance activities in the country Paragraph (b) of proposed § 319.56–55 allowed to be imported or distributed in of export typically serves to satisfy the would require that litchi fruit be treated Florida. inspection requirement. Section 319.56– with a minimum absorbed irradiation Because the litchi hairy mite is not 3 also provides that any shipment of dose of 400 gray in accordance with the present in Florida and because we have fruits and vegetables may be refused provisions of § 305.9 and the PPQ consistently prohibited host movement entry if the shipment is so infested with Treatment Manual (table 3–8–1). This is into Florida from areas where that pest plant pests that an inspector determines the established generic dose for all is present, we propose to prohibit the that it cannot be cleaned or treated. We insect pests except pupae and adults of importation and distribution of litchi believe that the proposed conditions the order Lepidoptera. Seven of the from Australia into the State of Florida. described above, as well as all other insect pests of concern, yellow peach Accordingly, paragraph § 319.56–55 (d) applicable requirements in § 319.56–3, moth, litchi fruit moth, orange fruit would stipulate that all cartons of litchi would be adequate to prevent the borer, the moth Cateremna would have to be stamped ‘‘Not for introduction of plant pests into the quadriguttella, bright cornelian, dull importation into or distribution in FL.’’ continental United States, except cornelian, and flower caterpillar, belong Commercial Shipments Florida, with litchi fruit imported from to the order Lepidoptera, and the 400 Australia. gray dose is not approved to treat pupae Paragraph (e) would state that only The proposed conditions described and adults of the order Lepidoptera. commercial consignments of litchi fruit above for the importation of litchi fruit However, the life stages of concern for would be allowed to be imported. from Australia into the continental these pests are the eggs and the larvae, Produce grown commercially is less United States, except Florida, would be because the eggs and the larvae of these likely to be infested with plant pests added to the fruits and vegetables species are internal feeders and thus than noncommercial shipments. regulations as a new § 319.56–55. difficult to detect through inspection; Noncommercial shipments are more the 400 gray dose is approved to treat prone to infestations because the Executive Order 12866 and Regulatory those stages of the life cycle for commodity is often ripe to overripe, Flexibility Act Lepidoptera pests. The pupae and could be of a variety with unknown This proposed rule has been adults of these species are external susceptibility to pests, and is often determined to be not significant for the feeders, and we are confident that grown with little or no pest control. purposes of Executive Order 12866 and, inspection can detect them. Within part Commercial shipments, as defined in therefore, has not been reviewed by the 305, § 305.9 contains a number of other § 319.56–1, are shipments of fruits and Office of Management and Budget. requirements for irradiation treatment, vegetables that an inspector identifies as In accordance with the Regulatory including monitoring by APHIS having been produced for sale and Flexibility Act, we have analyzed the inspectors and safeguarding of the fruit. distribution in mass markets. potential economic effects of this action Treatment could be conducted at an Identification of a particular shipment on small entities. The analysis is approved facility in Australia or in the as commercial is based on a variety of summarized below. Copies of the full United States. indicators, including, but not limited to, analysis are available by contacting the Paragraph (c) would require that each the quantity of produce, the type of person listed under FOR FURTHER shipment of fruit be accompanied by a packaging, identification of a grower or INFORMATION CONTACT or on the phytosanitary certificate issued by the packinghouse on the packaging, and Regulations.gov Web site (see NPPO of Australia containing an documents consigning the shipment to ADDRESSES above for instructions for additional declaration stating that the a wholesaler or retailer. accessing Regulations.gov). conditions for importation have been Commercially produced fruit in This proposed rule is in response to met. Australia are already subjected to a request from Australia to export fresh standard commercial cultural and post- litchis to all States in the United States Distribution Restrictions harvest practices that reduce the risk except Florida. Litchi is grown in The required irradiation treatment associated with plant pests. While not Florida, Hawaii, and California, and would not mitigate the risks posed by specifically required by this proposal, U.S. production is estimated to be about the litchi hairy mite (Aceria litchii), and standard cultural practices other than 500 metric tons (MT) per year. Based on because of the mite’s microscopic size, the twice yearly application of broad available information, most, if not all, inspection alone is not considered spectrum fungicides (e.g., the regular litchi farms are small entities. sufficient to mitigate the risk of use of sanitation measures, irrigation, The United States imports litchis from introduction into the United States. fertilization, and pest control) help to such countries as Taiwan, China, Israel, Based on the distribution and reported further ensure that the pests of concern and Mexico. Australia expects to export host range of this pest, we estimate it do not follow the pathway. All export about 400 MT of litchis to the United could establish in the continental orchards are registered production sites States annually. This amount is

VerDate Mar<15>2010 17:25 Dec 27, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\28DEP1.SGM 28DEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 249 / Wednesday, December 28, 2011 / Proposed Rules 81403

equivalent to less than 3 percent of the River Road Unit 118, Riverdale, MD Estimated annual number of quantity of litchis that was imported by 20737–1238, and (2) Clearance Officer, respondents: 2. the United States in 2004, the latest year OCIO, USDA, room 404–W, 14th Street Estimated annual number of for which we have data. Most likely, the and Independence Avenue SW., responses per respondent: 11. quantity of litchis expected to be Washington, DC 20250. A comment to Estimated annual number of imported from Australia is of even OMB is best assured of having its full responses: 22. lesser significance when compared to effect if OMB receives it within 30 days Estimated total annual burden on current litchi imports by the United of publication of this proposed rule. respondents: 12 hours. (Due to States, given the expanding demand for APHIS is proposing to amend the averaging, the total annual burden hours this fruit. fruits and vegetables regulations to may not equal the product of the annual Any litchi price declines that might allow, under certain conditions, the number of responses multiplied by the result from this rule would be importation into the United States of reporting burden per response.) insignificant, especially if, as is likely, commercial consignments of litchi fruit Copies of this information collection at least some litchi imports from from Australia. The conditions for the can be obtained from Mrs. Celeste Australia were to displace imports from importation of litchi fruit from Australia Sickles, APHIS’ Information Collection other countries. Moreover, given that include requirements for pest exclusion Coordinator, at (301) 851–2908. the agricultural seasons in the Southern at the production site, irradiation Hemisphere are generally the opposite treatment, pest-excluding packinghouse E-Government Act Compliance of those in the Northern Hemisphere, procedures and port-of-entry The Animal and Plant Health the proposed imports from Australia inspections. The litchi would also be Inspection Service is committed to likely would not directly compete with required to be accompanied by a compliance with the EGovernment Act U.S. litchi production. phytosanitary certificate issued by the to promote the use of the Internet and Under these circumstances, the national plant protection organization other information technologies, to Administrator of the Animal and Plant (NPPO) of Australia with an additional provide increased opportunities for Health Inspection Service has declaration confirming that the litchi citizen access to Government determined that this action would not had been produced in accordance with information and services, and for other have a significant economic impact on the proposed requirements. This action purposes. For information pertinent to a substantial number of small entities. would allow for the importation of litchi E-Government Act compliance related Executive Order 12988 fruit from Australia while continuing to to this proposed rule, please contact provide protection against the Mrs. Celeste Sickles, APHIS’ This proposed rule would allow litchi introduction of injurious plant pests Information Collection Coordinator, at fruit to be imported into the United into the United States. (301) 851–2908. States from Australia. If this proposed Implementing this rule will require rule is adopted, State and local laws and the completion of phytosanitary List of Subjects in 7 CFR Part 319 regulations regarding litchi fruit certificates, compliance agreements, Coffee, Cotton, Fruits, Imports, Logs, imported under this rule would be preclearance workplans, treatment Nursery stock, Plant diseases and pests, preempted while the fruit is in foreign records and trust fund agreements. We Quarantine, Reporting and commerce. Fresh fruits and vegetables are soliciting comments from the public recordkeeping requirements, Rice, are generally imported for immediate (as well as affected agencies) concerning Vegetables. distribution and sale to the consuming our proposed information collection and Accordingly, we propose to amend 7 public and would remain in foreign recordkeeping requirements. These CFR part 319 as follows: commerce until sold to the ultimate comments will help us: consumer. The question of when foreign (1) Evaluate whether the proposed PART 319—FOREIGN QUARANTINE commerce ceases in other cases must be information collection is necessary for NOTICES addressed on a case-by-case basis. If this the proper performance of our agency s proposed rule is adopted, no retroactive 1. The authority citation for part 319 functions, including whether the continues to read as follows: effect will be given to this rule, and this information will have practical utility; rule will not require administrative (2) Evaluate the accuracy of our Authority: 7 U.S.C. 450, 7701–7772, and proceedings before parties may file suit estimate of the burden of the proposed 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR in court challenging this rule. information collection, including the 2.22, 2.80, and 371.3. Paperwork Reduction Act validity of the methodology and 2. A new § 319.56–55 is added to read assumptions used; as follows: In accordance with section 3507(d) of (3) Enhance the quality, utility, and the Paperwork Reduction Act of 1995 clarity of the information to be § 319.56–55 Litchi from Australia (44 U.S.C. 3501 et seq.), the information collected; and (including Tasmania). collection or recordkeeping (4) Minimize the burden of the Litchi (Litchi chinensis) with up to 5 requirements included in this proposed information collection on those who are millimeters of stem may be imported rule have been submitted for approval to to respond (such as through the use of into the continental United States from the Office of Management and Budget appropriate automated, electronic, Australia only under the following (OMB). Please send written comments mechanical, or other technological conditions and in accordance with all to the Office of Information and collection techniques or other forms of other applicable provisions of this Regulatory Affairs, OMB, Attention: information technology; e.g., permitting subpart: Desk Officer for APHIS, Washington, DC electronic submission of responses). (a) Litchi must be grown in a 20503. Please state that your comments Estimate of burden: Public reporting production area that is registered with refer to Docket No. APHIS–2009–0084. burden for this collection of information and monitored by the national plant Please send a copy of your comments to: is estimated to average 0.5455 hours per protection organization (NPPO) of (1) Docket No. APHIS–2009–0084, response. Australia. Regulatory Analysis and Development, Respondents: Foreign business and (b) The litchi must be treated for plant PPD, APHIS, Station 3A–03.8, 4700 NPPO of Australia. pests of the class Insecta, except pupae

VerDate Mar<15>2010 17:25 Dec 27, 2011 Jkt 226001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\28DEP1.SGM 28DEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 81404 Federal Register / Vol. 76, No. 249 / Wednesday, December 28, 2011 / Proposed Rules

and adults of the order Lepidoptera, • Postal Mail/Commercial Delivery: • The degree to which the region is with irradiation in accordance with Send your comment to Docket No. separated from adjacent regions of § 305.9 of this chapter. Treatment must APHIS–2007–0158, Regulatory Analysis higher risk through physical or other be conducted prior to importation of the and Development, PPD, APHIS, Station barriers. fruits into the United States. 3A–03.8, 4700 River Road Unit 118, • The extent to which movement of (c) Each shipment of litchi must be Riverdale, MD 20737–1238. and animal products is accompanied by a phytosanitary Supporting documents and any controlled from regions of higher risk, certificate of inspection issued by the comments we receive on this docket and the level of biosecurity regarding NPPO of Australia with an additional may be viewed at http:// such movements. declaration stating that the litchi were www.regulations.gov/ • Livestock demographics and treated with irradiation as described in #!docketDetail;D=APHIS-2007-0158 or marketing practices in the region. • the Plant Protection and Quarantine in our reading room, which is located in The type and extent of disease Treatment Manual. room 1141 of the USDA South Building, surveillance in the region, e.g., is it (d) In addition to meeting the labeling 14th Street and Independence Avenue passive and/or active; what is the requirements in Part 305 of this chapter, SW., Washington, DC. Normal reading quantity and quality of sampling and cartons in which litchi are packed must testing? room hours are 8 a.m. to 4:30 p.m., • be stamped ‘‘Not for importation into or Monday through Friday, except Diagnostic laboratory capabilities. • Policies and infrastructure for distribution in FL.’’ holidays. To be sure someone is there to animal disease control in the region, i.e., (e) The litchi may be imported in help you, please call (202) 690–2817 commercial consignments only. emergency response capacity. before coming. Current paragraph (e) of § 92.2 Done in Washington, DC, this 19th day of FOR FURTHER INFORMATION CONTACT: Dr. provides that if, after evaluating the December 2011. Kelly Rhodes, Regionalization information submitted, APHIS believes Kevin Shea, Evaluation Services, Sanitary Trade the action being requested can be safely Acting Administrator, Animal and Plant Issues Team, National Center for Import taken, the Agency will publish a Health Inspection Service. and Export, VS, APHIS, 4700 River proposed rule in the Federal Register [FR Doc. 2011–33201 Filed 12–27–11; 8:45 am] Road Unit 38, Riverdale, MD 20737– proposing to take such action and will BILLING CODE 3410–34–P 1231; (301) 734–4356. provide a period of time during which SUPPLEMENTARY INFORMATION: the public may comment on the Background proposal. Current paragraph (f) of § 92.2 DEPARTMENT OF AGRICULTURE provides that, during the comment The regulations in 9 CFR part 92, period, the public will have access both Animal and Plant Health Inspection ‘‘Importation of Animals and Animal to the information upon which APHIS Service Products; Procedures for Requesting based its analysis of risk and the Recognition of Regions’’ (referred to analysis itself. Once APHIS reviews and 9 CFR Part 92 below as the regulations), set forth the considers all comments received, it [Docket No. APHIS–2007–0158] process by which a foreign government makes a final decision regarding the may request recognition of the animal RIN 0579–AD30 request and publishes that decision in health status of a region. the Federal Register. Information From Foreign Regions Section 92.2 of the regulations In order to conduct a valid evaluation Applying for Recognition of Animal requires that such requests be of a region’s animal health status and Health Status accompanied by information regarding any risk that might be associated with the region that will enable the Animal the action requested, it is important that AGENCY: Animal and Plant Health and Plant Health Inspection Service APHIS have complete and pertinent Inspection Service, USDA. (APHIS) of the U.S. Department of information regarding the region, its ACTION: Proposed rule. Agriculture to evaluate the request. disease history, its animal health Currently, the provisions in paragraph practices and capabilities, and any effect SUMMARY: We are proposing to amend (b) of § 92.2 state that each request must its import practices or relationship to the regulations that govern the include the following information, adjacent regions might have on disease importation of animals and animal which APHIS commonly refers to as risk. products by revising the list of factors ‘‘the 11 factors’’: The 11 factors listed in § 92.2(b) APHIS considers when evaluating the • The authority, organization, and specify the types of information APHIS animal health status of a foreign region. infrastructure of the veterinary services needs to accomplish its evaluation. To Additionally, we are proposing criteria organization in the region. assist foreign governments making a for considering a region to be • Disease status, i.e., is the restricted request under § 92.2, APHIS also makes historically free of a specific disease. disease agent known to exist in the available on its Web site detailed These changes would make clearer the region? If ‘‘yes,’’ at what prevalence? If guidance as to the types of information type of information APHIS needs from ‘‘no,’’ when was the most recent required. This guidance is forth in a a requesting region to most diagnosis? document titled ‘‘Clarification of expeditiously conduct an evaluation. • The status of adjacent regions with Information Requested for Recognition DATES: We will consider all comments respect to the agent. of a Region,’’ which can be viewed at that we receive on or before February • The extent of an active disease http://www.aphis.usda.gov/ 27, 2012. control program, if any, if the agent is import_export/downloads/ ADDRESSES: You may submit comments known to exist in the region. info_request.pdf. by either of the following methods: • The vaccination status of the region. Each year, APHIS receives a number • Federal eRulemaking Portal: Go to When was the last vaccination? What is of requests to evaluate the animal health http://www.regulations.gov/ the extent of vaccination if it is status of foreign regions. However, the #!documentDetail;D=APHIS-2007-0158- currently used, and what vaccine is evaluation process is often hindered 0001. being used? because, even with the assistance of the

VerDate Mar<15>2010 17:25 Dec 27, 2011 Jkt 226001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\28DEP1.SGM 28DEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS