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

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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. horii and on the packaging, and documents either before or during packing and C. actinidiae on fruit. consigning the fruits or vegetables to a removed from the packinghouse. Under the modified atmosphere wholesaler or retailer. Culling would also include any treatment, the persimmons would have damaged or deformed fruit. Fruit with to be packed in semi-permeable Place of Production Requirements broken or bruised skin or that is polymeric bags and stored at 0 °C for a Paragraph (c)(1) of proposed § 319.56– deformed is more susceptible to minimum of 28 days. As the fruit 76 would require that all places of infestation by pests than undamaged respire within the modified atmosphere production (orchards) participating in fruit. bag, oxygen is consumed and carbon the persimmon export program be Paragraph (d)(4) would state that final dioxide is produced which causes registered with and approved by the shipping containers would have to be mortality of any leafrollers present. NPPO of New Zealand in accordance marked to identify the place of Modified atmosphere cold storage has with the requirements of the operational production and packinghouse from been used by New Zealand for all workplan. which the consignment of fruit persimmons exported to Australia since Paragraph (c)(2) of proposed § 319.56– originated. Such registration and 2007. Since this treatment was initiated, 76 would require the NPPO of New container marking would facilitate there have been no quarantine pests Zealand or its approved designee 1 to traceback of a consignment of detected in New Zealand persimmons visit and inspect the places of persimmon fruit to the place of exported to Australia. Treatment with production monthly beginning at production in which it was grown and either the described hot water or blossom drop and continuing until the the packinghouse in which it was modified atmosphere treatments, in end of the shipping season and to apply packed in the event that quarantine conjunction with other safeguards that appropriate pest controls in accordance pests were discovered in the would be required by the regulations for with the operational workplan. APHIS consignment at the port of first arrival persimmons from New Zealand, would may also monitor the places of into the United States. reduce the likelihood that persimmons production if necessary. If APHIS or the Paragraph (d)(5) would state that the will introduce injurious plant pests into NPPO of New Zealand finds that a place NPPO of New Zealand must monitor the United States. of production is not complying with the packinghouse operations to verify that Phytosanitary Certificate requirements of the systems approach, the packinghouses are complying with no fruit from the place of production the requirements of the systems To certify that the fresh persimmon will be eligible for export to the United approach. If the NPPO of New Zealand fruit from New Zealand has been grown States until APHIS and the NPPO of finds that a packinghouse is not and packed in accordance with the New Zealand conduct an investigation complying with the requirements of the requirements of proposed § 319.56–76, systems approach, no persimmon fruit paragraph (g) would require each 1 An approved designee is an entity with which from the packinghouse will be eligible consignment of fruit to be accompanied the NPPO creates a formal agreement that allows for export to the United States until by a phytosanitary certificate issued by that entity to certify that the appropriate procedures the NPPO of New Zealand, with an have been followed. The approved designee can be APHIS and the NPPO of New Zealand a contracted entity, a coalition of growers, or the conduct an investigation and both agree additional declaration stating that they growers themselves. that the pest risk has been mitigated. were produced under and meet all the

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components of the systems approach distribution and sale to the consuming (1) Evaluate whether the proposed and were inspected and found to be free public and would remain in foreign information collection is necessary for of quarantine pests in accordance with commerce until sold to the ultimate the proper performance of our agency’s the requirements. consumer. The question of when foreign functions, including whether the commerce ceases in other cases must be information will have practical utility; Executive Order 12866 and Regulatory (2) Evaluate the accuracy of our Flexibility Act addressed on a case-by-case basis. If this proposed rule is adopted, no retroactive estimate of the burden of the proposed This proposed rule has been effect will be given to this rule, and this information collection, including the determined to be not significant for the rule will not require administrative validity of the methodology and purposes of Executive Order 12866 and, proceedings before parties may file suit assumptions used; therefore, has not been reviewed by the in court challenging this rule. (3) Enhance the quality, utility, and Office of Management and Budget. clarity of the information to be In accordance with the Regulatory Paperwork Reduction Act collected; and Flexibility Act, we have analyzed the In accordance with section 3507(d) of (4) Minimize the burden of the potential economic effects of this action the Paperwork Reduction Act of 1995 information collection on those who are on small entities. The analysis is (44 U.S.C. 3501 et seq.), reporting and to respond (such as through the use of summarized below. Copies of the full recordkeeping requirements included in appropriate automated, electronic, analysis are available by contacting the this proposed rule have been submitted mechanical, or other technological person listed under FOR FURTHER for approval to the Office of collection techniques or other forms of INFORMATION CONTACT or on the Management and Budget (OMB). Please information technology; e.g., permitting Regulations.gov Web site (see send comments on the Information electronic submission of responses). ADDRESSES above for instructions for Collection Request (ICR) to OMB’s Estimate of burden: Public reporting accessing Regulations.gov). Office of Information and Regulatory burden for this collection of information APHIS is proposing to amend the Affairs via email to oira_submissions@ is estimated to average 1.12 hours per regulations to allow the importation of omb.eop.gov, Attention: Desk Officer for response. fresh persimmon fruit (Diospyros kaki) APHIS, Washington, DC 20503. Please Respondents: Growers, exporters, into the entire United States from New state that your comments refer to Docket packinghouses, and the NPPO of New Zealand subject to a systems approach. No. APHIS–2015–0052. Please send a Zealand. Most U.S. persimmon production takes copy of your comments to APHIS using Estimated annual number of place in California, where the 2011 one of the methods described under respondents: 30. value of production totaled about $13.6 Estimated annual number of ADDRESSES at the beginning of this million. The most recent data on U.S. document. responses per respondent: 10. persimmon imports show a total value Estimated annual number of APHIS is proposing to allow the of about $3 million in 2014. The responses: 301. importation of fresh persimmons from wholesale value of the persimmon fruit Estimated total annual burden on New Zealand into the United States. As for which New Zealand has requested respondents: 339 hours. (Due to a condition of entry, the persimmons import access would be about $90,000 averaging, the total annual burden hours would have to be produced in initially. The value of future imports is may not equal the product of the annual accordance with a systems approach forecast to reach about $330,000, or number of responses multiplied by the that would include requirements for about 2 percent of the U.S. persimmon reporting burden per response.) orchard certification, orchard pest market. A copy of the information collection The Small Business Administration’s control, post-harvest safeguards, fruit may be viewed on the Regulations.gov (SBA) small-entity standard for entities culling, traceback, sampling, and Web site or in our reading room. (A link involved in fruit farming is $750,000 or treatment with either hot water or to Regulations.gov and information on less in annual receipts (NAICS 111339). modified atmosphere treatment. The the location and hours of the reading It is probable that most or all U.S. persimmons would also have to be room are provided under the heading persimmon producers are small accompanied by a phytosanitary ADDRESSES at the beginning of this businesses by the SBA standard. We certificate with an additional proposed rule.) Copies can also be expect any impact of the proposed rule declaration stating that they were obtained from Ms. Kimberly Hardy, for these entities would be minimal, produced under, and meet all the APHIS’ Information Collection given New Zealand’s expected small components of, the systems approach Coordinator, at (301) 851–2727. APHIS share of the U.S. persimmon market. and were inspected and found to be free will respond to any ICR-related Under these circumstances, the of quarantine pests in accordance with comments in the final rule. All Administrator of the Animal and Plant the proposed requirements. comments will also become a matter of Health Inspection Service has Implementing this rule will require public record. determined that this action would not information collection activities, such as E-Government Act Compliance have a significant economic impact on an operational workplan, production a substantial number of small entities. site and packinghouse registration, The Animal and Plant Health container markings, production site Inspection Service is committed to Executive Order 12988 inspections, investigations and remedial compliance with the EGovernment Act This proposed rule would allow action, packinghouse monitoring, to promote the use of the Internet and persimmons to be imported into the sampling, treatment records, and other information technologies, to United States from New Zealand. If this phytosanitary certificates. provide increased opportunities for proposed rule is adopted, State and We are soliciting comments from the citizen access to Government local laws and regulations regarding public (as well as affected agencies) information and services, and for other persimmons imported under this rule concerning our proposed information purposes. For information pertinent to would be preempted while the fruit is collection and recordkeeping E-Government Act compliance related in foreign commerce. Fresh fruits are requirements. These comments will to this proposed rule, please contact Ms. generally imported for immediate help us: Kimberly Hardy, APHIS’ Information

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Collection Coordinator, at (301) 851– season for quarantine pests. Appropriate (1) Hot water treatment. The 2727. pest controls must be applied in persimmons are held for 20 minutes in accordance with the operational hot water at 50 °C (122 °F); or List of Subjects in 7 CFR Part 319 workplan. If the NPPO of New Zealand (2) Modified atmosphere treatment. Coffee, Cotton, Fruits, Imports, Logs, finds that a place of production is not The persimmons are packed in semi- Nursery stock, Plant diseases and pests, complying with the requirements of this permeable polymeric bags and stored at Quarantine, Reporting and section, no fruit from the place of 0 °C for a minimum of 28 days. recordkeeping requirements, Rice, production will be eligible for export to (g) Phytosanitary certificate. Each Vegetables. the United States until APHIS and the consignment of persimmons must be Accordingly, we propose to amend 7 NPPO of New Zealand conduct an accompanied by a phytosanitary CFR part 319 as follows: investigation and appropriate remedial certificate of inspection issued by the actions have been implemented. New Zealand NPPO with an additional PART 319—FOREIGN QUARANTINE (d)(1) Packinghouse requirements. All declaration stating that the fruit in the NOTICES packinghouses that participate in the consignment were grown, packed, and inspected and found to be free of ■ 1. The authority citation for part 319 export program must be approved by quarantine pests in accordance with the continues to read as follows: and registered with the New Zealand NPPO in accordance with the requirements of the systems approach. Authority: 7 U.S.C. 450, 7701–7772, and requirements of the operational Done in Washington, DC, this 22nd day of 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR workplan. 2.22, 2.80, and 371.3. August 2016. (2) During the time the packinghouse Kevin Shea, ■ 2. Section 319.56–76 is added to read is in use for exporting persimmons to Administrator, Animal and Plant Health as follows: the United States, the packinghouse Inspection Service. § 319.56–76 Persimmons From New may only accept persimmons from [FR Doc. 2016–20508 Filed 8–25–16; 8:45 am] registered approved places of Zealand. BILLING CODE 3410–34–P Fresh persimmons (Diospyros kaki production and the fruit must be Thunb.) may be imported into the segregated from fruit intended for other United States only under the conditions markets. DEPARTMENT OF AGRICULTURE described in this section. These (3) All diseased or insect-infested fruit conditions are designed to prevent the and fruit with surface pests must be Animal and Plant Health Inspection introduction of the quarantine pests culled either before or during packing Service Colletotrichum horii B. Weir & P.R. and removed from the packinghouse. Johnst., Cnephasia jactatana (Walker), Culling must also include any damaged 7 CFR Part 319 or deformed fruit. Cryptosporiopsis actinidiae P.R. Johnst., [Docket No. APHIS–2015–0051] M.A. Manning & X. Meier, (4) Each shipping container must be Ctenopseustis herana (Felder and marked to identify the place of RIN 0579–AE20 Rogenhofer), Ctenopseustis obliquana production and packinghouse from (Walker), Epiphyas postvittana which the consignment of fruit Importation of Lemons From Chile Into (Walker), Planotortrix excessana originated. the Continental United States (Walker), Sperchia intractana (Walker), (5) The NPPO of New Zealand must monitor packinghouse operations to AGENCY: Animal and Plant Health and Stathmopoda skelloni (Butler). Inspection Service, USDA. (a) Operational workplan. The verify that the packinghouses are national plant protection organization complying with the requirements of the ACTION: Proposed rule; reopening of (NPPO) of New Zealand must provide systems approach. If the NPPO of New comment period. Zealand finds that a packinghouse is not an operational workplan to APHIS that SUMMARY: We are reopening the details the activities that the NPPO of complying with the requirements of this section, no fruit from the packinghouse comment period for our proposed rule New Zealand will, subject to APHIS’ that would amend the fruits and approval of the workplan, carry out to will be eligible for export to the United States until APHIS and the NPPO of vegetables regulations to list lemon meet the requirements of this section. (Citrus limon (L.) Burm. f.) from Chile The operational workplan must include New Zealand conduct an investigation and appropriate remedial actions have as eligible for importation into the and describe the quarantine pest survey continental United States subject to a intervals and other specific been implemented. (e) Sampling. Inspectors from the systems approach. This action will requirements as set forth in this section. allow interested persons additional time (b) Commercial consignments. NPPO of New Zealand must inspect a to prepare and submit comments. Persimmons from New Zealand may be biometric sample of the fruit from each imported in commercial consignments consignment at a rate jointly agreed DATES: The comment period for the only. upon by APHIS and the NPPO of New proposed rule published on April 4, (c)(1) Place of production Zealand. The inspectors must visually 2016 (81 FR 19063) is reopened. We will requirements. All places of production inspect for quarantine pests listed in the consider all comments that we receive that participate in the export program operational workplan required by on or before September 26, 2016. must be approved by and registered paragraph (a) of this section and must ADDRESSES: You may submit comments with the New Zealand NPPO in cut fruit to inspect for quarantine pests by either of the following methods: accordance with the requirements of the that are internal feeders. If quarantine • Federal eRulemaking Portal: Go to operational workplan. pests are detected in this inspection, the http://www.regulations.gov/#!docket (2) The NPPO of New Zealand or its consignment will be prohibited entry Detail;D=APHIS-2015-0051. approved designee must visit and into the United States. • Postal Mail/Commercial Delivery: inspect the places of production (f) Treatment. Each consignment of Send your comment to Docket No. monthly beginning at blossom drop and persimmons must be subjected to a post- APHIS–2015–0051, Regulatory Analysis continuing until the end of the shipping harvest treatment by either: and Development, PPD, APHIS, Station

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