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Federal Register/Vol. 81, No. 166/Friday, August 26, 2016 58870 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Proposed Rules DEPARTMENT OF AGRICULTURE hours are 8 a.m. to 4:30 p.m., Monday • The fungi Colletotrichum horii B. through Friday, except holidays. To be Weir & P.R. Johnst. and Animal and Plant Health Inspection sure someone is there to help you, Cryptosporiopsis actinidiae P.R. Johnst., Service please call (202) 799–7039 before M.A. Manning & X. Meier. coming. A quarantine pest is defined in 7 CFR Part 319 § 319.56–2 of the regulations as a pest of FOR FURTHER INFORMATION CONTACT: Mr. potential economic importance to the [Docket No. APHIS–2015–0052] David B. Lamb, Senior Regulatory area endangered thereby and not yet RIN 0579–AE26 Policy Specialist, IRM, PPQ, APHIS, present there, or present but not widely 4700 River Road Unit 133, Riverdale, distributed and being officially Importation of Fresh Persimmons MD 20737–1231; (301) 851–2103. controlled. Potential plant pest risks From New Zealand Into the United SUPPLEMENTARY INFORMATION: associated with the importation of fresh States persimmons from New Zealand into the Background AGENCY: Animal and Plant Health United States were determined by Inspection Service, USDA. The regulations in ‘‘Subpart—Fruits estimating the consequences and and Vegetables’’ (7 CFR 319.56–1 likelihood of introduction of quarantine ACTION: Proposed rule. through 319.56–75, referred to below as pests into the United States and ranking SUMMARY: We are proposing to amend the regulations) prohibit or restrict the the risk potential as high, medium, or the regulations concerning the importation of fruits and vegetables into low. The PRA determined that four of importation of fruits and vegetables to the United States from certain parts of these nine pests—C. herana, C. allow the importation of fresh the world to prevent the introduction obliquana, E. postvittana, and P. persimmons from New Zealand into the and dissemination of plant pests that are excessana—pose a high risk of United States. As a condition of entry, new to or not widely distributed within following the pathway of persimmons the persimmons would have to be the United States. from New Zealand into the United produced in accordance with a systems The national plant protection States and having negative effects on approach that would include organization (NPPO) of New Zealand U.S. agriculture. The remaining pests— requirements for orchard certification, has requested that the Animal and Plant C. jactatana, C. horii, C. actinidiae, S. orchard pest control, post harvest Health Inspection Service (APHIS) intractana, and S. skelloni—were rated safeguards, fruit culling, traceback, amend the regulations to allow fresh as having a medium risk potential. sampling, and treatment with either hot persimmons (Diospyros kaki Thunb.) Based on the conclusions of the PRA water or modified atmosphere from New Zealand to be imported into and the RMD, we have determined that treatment. The persimmons would also the United States. As part of our measures beyond standard port of arrival inspection are required to have to be accompanied by a evaluation of New Zealand’s request, we mitigate the risks posed by these plant phytosanitary certificate with an prepared a pest risk assessment (PRA) pests. Therefore, we are proposing to additional declaration stating that they and a risk management document allow the importation of persimmons were produced under, and meet all the (RMD). Copies of the PRA and the RMD from New Zealand into the United components of, the systems approach may be obtained from the person listed States subject to a systems approach. and were inspected and found to be free under FOR FURTHER INFORMATION The conditions in the systems approach of quarantine pests in accordance with CONTACT or viewed on the that we are proposing are described the proposed requirements. This action Regulations.gov Web site (see below. These conditions would be would allow the importation of fresh ADDRESSES above for instructions for added to the regulations in a new persimmons from New Zealand while accessing Regulations.gov). § 319.56–76. continuing to protect against the The PRA, titled ‘‘Importation of introduction of plant pests into the Persimmon, Diospyros kaki Thunb., as General Requirements United States. Fresh Fruit from New Zealand into the Proposed paragraph (a) of § 319.56–76 DATES: We will consider all comments Entire United States, Including Hawaii would require the NPPO of New that we receive on or before October 25, and U.S. Territories’’ (April 23, 2012) Zealand to provide an operational 2016. evaluates the risks associated with the workplan to APHIS that details the ADDRESSES: You may submit comments importation of fresh persimmons from activities that the NPPO would, subject by either of the following methods: New Zealand into the United States. to APHIS’ approval of the workplan, • Federal eRulemaking Portal: Go to The RMD relies upon the findings of the carry out to meet the requirements of http://www.regulations.gov/#!docket PRA to determine the phytosanitary proposed § 319.56–76. The operational Detail;D=APHIS-2015-0052. measures necessary to ensure the safe workplan would have to include and • Postal Mail/Commercial Delivery: importation into the United States of describe in detail the quarantine pest Send your comment to Docket No. fresh persimmons from New Zealand. survey intervals and other specific APHIS–2015–0052, Regulatory Analysis The PRA identified nine pests of requirements in proposed § 319.56–76. and Development, PPD, APHIS, Station quarantine significance present in New An operational workplan is an 3A–03.8, 4700 River Road Unit 118, Zealand that could be introduced into agreement between APHIS’ Plant Riverdale, MD 20737–1238. the United States through the Protection and Quarantine program, Supporting documents and any importation of fresh persimmons: officials of the NPPO of a foreign comments we receive on this docket • The leafroller moths Cnephasia government, and, when necessary, may be viewed at http://www. jactatana (Walker), Ctenopseustis foreign commercial entities, that regulations.gov/#!docketDetail; herana (Felder and Rogenhofer), specifies in detail the phytosanitary D=APHIS-2015-0052 or in our reading Ctenopseustis obliquana (Walker), measures that will be carried out to room, which is located in room 1141 of Epiphyas postvittana (Walker), comply with our regulations governing the USDA South Building, 14th Street Planotortrix excessana (Walker), the importation of a specific and Independence Avenue SW., Sperchia intractana (Walker), commodity. Operational workplans Washington, DC. Normal reading room Stathmopoda skelloni (Butler); and apply only to the signatory parties and VerDate Sep<11>2014 17:00 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\26AUP1.SGM 26AUP1 mstockstill on DSK3G9T082PROD with PROPOSALS Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Proposed Rules 58871 establish detailed procedures and and appropriate remedial actions have Phytosanitary Inspection guidance for the day-to-day operations been implemented. Paragraph (e) of proposed § 319.56–76 of specific import/export programs. Packinghouse Requirements would require that a biometric sample Operational workplans also establish of persimmon fruit jointly agreed upon how specific phytosanitary issues are We are proposing several requirements for packinghouse by APHIS and the NPPO of New dealt with in the exporting country and Zealand be inspected in the exporting make clear who is responsible for activities, which would be contained in country by the NPPO of New Zealand dealing with those issues. The paragraph (d) of proposed § 319.56–76. following post-harvest processing. The implementation of a systems approach Paragraph (d)(1) would require that all biometric sample would be visually typically requires an operational packinghouses participating in the inspected for signs of disease, and a workplan to be developed. persimmon export program be registered Proposed paragraph (b) of § 319.56–76 with and approved by the NPPO of New portion of the fruit would be cut open would require persimmons from New Zealand in accordance with the to detect internally feeding pests. If Zealand to be imported only in requirements of the operational quarantine pests are found during commercial consignments. Produce workplan. sampling, the consignment of fruit grown commercially is less likely to be Paragraph (d)(2) would require that, would be prohibited from export to the infested with plant pests than during the time that the packinghouse is United States. noncommercial consignments. in use for exporting persimmons to the Postharvest Treatment Noncommercial consignments are more United States, the packinghouse would prone to infestations/infections because only be allowed to accept persimmons Paragraph (f) of proposed § 319.56–76 the commodity is often ripe to overripe, from registered places of production and would require that all persimmons could be of a variety with unknown that the persimmons be segregated from undergo postharvest treatment with susceptibility to pests, and is often other fruit. This requirement would either hot water or modified atmosphere grown with little or no pest control. prevent persimmons intended for export treatment. Under the hot water Commercial consignments, as defined in to the United States from being exposed treatment, the persimmons would have § 319.56–2, are consignments that an to or mixed with persimmons or other to be held for 20 minutes in hot water fruit that are not produced according to at 50 °C inspector identifies as having been ° imported for sale and distribution. Such the requirements of the systems (122 F). This treatment has been identification is based on a variety of approach. shown to provide 100 percent mortality indicators, including, but not limited to: Paragraph (d)(3) would require that of leafroller moth larvae. In addition, Quantity of produce, type of packing, any diseased or insect-infested fruits hot water treatment reduces populations identification of grower or packinghouse and fruits with surface pests be culled of fungal pathogens such as C.
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