3033

Proposed Rules Federal Register Vol. 81, No. 12

Wednesday, January 20, 2016

This section of the FEDERAL REGISTER DATES: We will consider all comments program. Conditions for importation of contains notices to the public of the proposed that we receive on or before March 21, fresh and fruit from the issuance of rules and regulations. The 2016. above countries include a trust fund purpose of these notices is to give interested ADDRESSES: You may submit comments agreement between the national plant persons an opportunity to participate in the by either of the following methods: protection organization (NPPO) of the rule making prior to the adoption of the final • rules. Federal eRulemaking Portal: Go to exporting country and APHIS; orchard http://www.regulations.gov/ and packinghouse inspections for #!docketDetail;D=APHIS-2015-0073. malifoliella and other DEPARTMENT OF AGRICULTURE • Postal Mail/Commercial Delivery: quarantine plant pests; approved Send your comment to Docket No. mitigations for infested orchards; cold and Plant Health Inspection APHIS–2015–0073, Regulatory Analysis treatment of fruit against Mediterranean Service and Development, PPD, APHIS, Station fruit fly (Ceratitis capitata, or Medfly) in 3A–03.8, 4700 River Road Unit 118, countries where the pest is known to 7 CFR Part 319 Riverdale, MD 20737–1238. occur; identification of orchards and Supporting documents and any packinghouses for traceback of each [Docket No. APHIS–2015–0073] comments we receive on this docket consignment; packinghouse handling may be viewed at http:// and safeguarding requirements for fruit RIN 0579–AE18 www.regulations.gov/ intended for shipment to the United #!docketDetail;D=APHIS-2015-0073 or Importation of Fresh Apple and Pear States; and preclearance inspection. in our reading room, which is located in Fruit Into the Continental United States As an alternative to the preclearance room 1141 of the USDA South Building, From Certain Countries in the program, the European Commission, the 14th Street and Independence Avenue European Union executive body of the European Union SW., Washington, DC. Normal reading (EU), has requested that APHIS amend AGENCY: Animal and Plant Health room hours are 8 a.m. to 4:30 p.m., the regulations to allow the importation Inspection Service, USDA. Monday through Friday, except into the continental United States from ACTION: Proposed rule. holidays. To be sure someone is there to certain EU countries of fresh apple and help you, please call (202) 799–7039 pear fruit that has been produced in SUMMARY: We are proposing to amend before coming. accordance with an approved systems the regulations to allow the importation FOR FURTHER INFORMATION CONTACT: Mr. approach. Any alternative approach to of fresh apple and pear fruit from David B. Lamb, Senior Regulatory the preclearance program for importing certain countries in the European Union Policy Specialist, USDA/APHIS/PPQ, these articles requires that the current into the continental United States, 4700 River Road Unit 133, Riverdale, regulations be amended. provided that the fruit is produced in MD 20737–1236; (301) 851–2103; As part of our evaluation of the EU’s accordance with a systems approach, as [email protected]. request, we prepared a pest list 1 of an alternative to importation under the SUPPLEMENTARY INFORMATION: quarantine pests that could follow the current preclearance program. The pathway of commercial shipments of proposed systems approach for fresh Background fresh apple and pear fruit into the apple and pear fruit consists of Under the regulations in ‘‘Subpart— continental United States from the EU production site and packinghouse Fruits and Vegetables’’ (7 CFR 319.56– member countries included in the registration, inspection of registered 1 through 319.56–74, referred to below request. A quarantine pest is defined in production sites twice a season, as the regulations or the fruits and § 319.56–2 as ‘‘a pest of potential production site pest control and vegetables regulations), the Animal and economic importance to the area sanitation, post-harvest safeguards, fruit Plant Health Inspection Service (APHIS) endangered thereby and not yet present culling, traceback, sampling, cold of the United States Department of there, or present but not widely treatment against Mediterranean fruit fly Agriculture (USDA) prohibits or distributed and being officially in countries where the pest is known to restricts the importation of fruits and controlled.’’ The pest list reported 32 occur, a phytosanitary certificate, port of vegetables into the United States from quarantine pests (26 , 1 entry inspection, and importation as certain parts of the world to prevent bacterium, 4 fungi and 1 viroid) that commercial consignments only. Fresh plant pests from being introduced into may follow the pathway of commercial apple and pear fruit that does not meet and spread within the United States. shipments of and into the the requirements in the systems Currently, § 319.56–22 provides continental United States. They are: approach would continue to be allowed conditions for importation of fresh Arthropods: to be imported into the United States apple fruit ( domestica Borkh.) Adoxophyes orana (Fischer von subject to the conditions of the from , Denmark, France, Ro¨eslerstamm) (: ) preclearance program. This action Germany, Great Britain, , the Aphanostigma piri (Cholodkovsky) would provide an alternative for the , Northern Ireland, Norway, (Hemiptera: Phylloxeridae) importation of fresh apple and pear fruit Portugal, the Republic of Ireland, Spain, from certain countries in the European Sweden, and Switzerland, and fresh 1 ‘‘Pest List for Importation of Fresh Fruit of Union while continuing to provide pear fruit ( L.) from Apple, Malus domestica, and Pear, Pyrus communis, into the Continental United States from protection against the introduction of Belgium, France, Great Britain, Italy, the eight countries in the European Union (Belgium, plant pests into the continental United Netherlands, Portugal, and Spain, into Germany, France, Italy, Poland, Portugal, Spain, the States. the United States under a preclearance Netherlands)’’ (USDA, 2014).

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Archips podana (Scopoli) (Lepidoptera: applied to mitigate the pest risk exporting country to develop an Tortricidae) associated with the importation of fresh operational workplan, subject to APHIS Argyrotaenia pulchellana (Haworth) apple and pear fruit from certain EU approval, that details the activities that (Lepidoptera: Tortricidae) member countries into the continental the NPPO would carry out to meet the Ceratitis capitata (Wiedemann) (Diptera: Tephritidae) United States. Copies of the pest list and requirements of proposed § 319.56–75. Ceroplastes japonicus Green (Hemiptera: RMD may be obtained from the person An operational workplan is an Coccidae) listed under FOR FURTHER INFORMATION agreement developed between APHIS’ Choristoneura hebenstreitella (Muller) CONTACT or viewed on the Plant Protection and Quarantine (Lepidoptera: Tortricidae) Regulations.gov Web site (see program, officials of the NPPO of a Cryptoblabes gnidiella (Milliere) ADDRESSES above for a link to foreign government, and, when (Lepidoptera: Pyralidae) Regulations.gov and information on the necessary, foreign commercial entities, pyrivora (Danilevsky) (Lepidoptera: location and hours of the reading room). that specifies in detail the phytosanitary Tortricidae) caeruleocephala (L.) (Lepidoptera: In the RMD, entitled, ‘‘Importation of measures that will be carried out to ) Fresh Fruit of Apple, Malus domestica, comply with our regulations governing Eutetranychus orientalis (Klein) (Acari: and Pear, Pyrus communis, into the the importation of a specific Tetranychidae) Continental United States from eight commodity. Operational workplans Euzophera bigella (Zeller) (Lepidoptera: countries in the European Union apply only to the signatory parties and Pyralidae) (Belgium, Germany, France, Italy, establish detailed procedures and funebrana Treitschke Poland, Portugal, Spain, the guidance for the day-to-day operations (Lepidoptera: Tortricidae) Netherlands),’’ (July 2015), we of specific import/export programs. Grapholita lobarzewskii (Nowicki) determined that phytosanitary measures (Lepidoptera: Tortricidae) Operational workplans also establish pruniana (Hubner) (Lepidoptera: could be applied as a systems approach how specific phytosanitary issues are Tortricidae) to mitigate the risks of introducing or dealt with in the exporting country and Lacanobia oleracea L. (Lepidoptera: disseminating the quarantine pests in make clear who is responsible for Noctuidae) the pest list into the continental United dealing with those issues. The Leucoptera malifoliella (Costa) (Lepidoptera: States. Therefore, we are proposing to implementation of a systems approach ) allow the importation of fresh apple and typically requires an operational Lobesia botrana Dennis & Schiffermuller pear fruit from the EU countries of workplan to be developed. The (Lepidoptera: Tortricidae) Belgium, Germany, France, Italy, operational workplan may include, but Mamestra brassicae L. (Lepidoptera: Poland, Portugal, Spain, and the Noctuidae) is not limited to, details of the orchard rhediella (Clerck) (Lepidoptera: Netherlands into the continental United monitoring, pest action thresholds, Tortricidae) States if the fruit is produced under the orchard phytosanitary measures cerasana (Hubner) (Lepidoptera: systems approach described below. including removing fallen fruit, Tortricidae) Fresh apple and pear fruit that does not packinghouse inspection procedures, Pandemis heparana (Denis & Schiffermuller) meet the conditions of the systems and traceback requirements. (Lepidoptera: Tortricidae) approach would still be allowed to be Paragraph (a)(2) of proposed § 319.56– Rhynchites aequatus (L.) (Coleoptera: imported into the continental United 75 would state that only commercial Curculionidae) States if it is produced in accordance consignments of fresh apple and pear Rhynchites auratus (Scopoli) (Coleoptera: with the requirements of § 319.56–22. fruit from certain EU countries would be Curculionidae) Rhynchites bacchus (L.) (Coleoptera: Fruit imported under § 319.56–22 allowed to be imported into the Curculionidae) would still be required to be in continental United States. Commercial musculana (Hubner) (Lepidoptera: commercial consignments and consignments, as defined in § 319.56–2, Tortricidae) accompanied by documentation to are consignments that an inspector Bacteria: validate foreign site preclearance identifies as having been imported for Erwinia pyrifoliae Kim et al. inspection after the required treatment sale and distribution. Such Fungi: is completed. identification is based on a variety of Alternaria gaisen Nagano (Ascomycetes: We have determined that the specific indicators, including, but not limited to: Pleosporales) Quantity of produce, type of packaging, Ascochyta pyricola Sacc. (Ascomycetes: mitigation measures proposed for the Pleosporales) quarantine pests identified in the pest identification of grower or packinghouse Monilinia fructigena Honey ex Whetzel list, along with the general requirements on the packaging, and documents (Ascomycetes: Helotiales) for the importation of fruits and consigning the fruits or vegetables to a Monilinia polystroma (G.C.M. Leeuwen) vegetables in the regulations, will be wholesaler or retailer. Commercial Kohn (Ascomycetes: Helotiales) sufficient to prevent the introduction of consignments are less likely to be Viroid: quarantine pests into the continental infested with plant pests than 2 Pear blister canker viroid (PBCVd) United States via importation of fresh noncommercial consignments. We prepared a risk management apple and pear fruit from the EU Noncommercial consignments are more document (RMD) to determine what countries listed above. Therefore, we are prone to infestations because the phytosanitary measures should be proposing to add the systems approach commodity is often ripe to overripe, to the regulations in a new § 319.56–75. may be of a variety with unknown 2 Apples and pears infected with the plant susceptibility to pests, and is often pathogenic pear blister canker viroid (PBCVd) are General Requirements grown with little or no pest control. not a pathway. The pathogen is not or seed Paragraph (a) of proposed § 319.56–75 transmitted, and cannot be transmitted from the Production Site Requirements vascular tissue of fruit (Hadidi et al., 2011). This would set out general requirements for systemic pathogen could be present in the fruit, but the NPPO of the exporting country and Under proposed § 319.56–75(b)(1), it will not establish in the United States because the for growers and packers producing fresh production sites where fresh apple or pathogen is neither seed transmitted nor insect apple and pear fruit for export to the pear fruit is grown would be required to vectored (Flores et al., 2003). Since there is no evidence that apples or pears are pathways for continental United States. be registered with the NPPO of the PBCVd (USDA, 2014) we would not require any Paragraph (a)(1) of proposed § 319.56– exporting country. Such registration mitigation measures for the disease. 75 would require the NPPO of the would facilitate traceback of a

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consignment of fresh apple or pear fruit remove the leaf mining pest Leucoptera the apple and pear fruit for signs of pest to the production site in the event that malifoliella. Packinghouse culling and infestation and confirm absence of the quarantine pests were discovered in the inspection procedures would have to be pests listed in the operational workplan. consignment at the port of first arrival followed to remove fruit with pupae of Upon detection of Adoxophyes orana, into the continental United States. Leucoptera malifoliella. These Alternaria gaisen, Argyrotaenia APHIS would reserve the right to procedures would be detailed in the pulchellana, Ascochyta piricola, conduct oversight visits at the operational workplan. Ceratitis capitata, Grapholita (Cydia) production site in the event of pest Under paragraph (c)(3), all packed funebrana, Leucoptera malifoliella, interceptions or other problems. fruit intended for shipment to the Monilinia fructigena and/or Monilinia Under proposed paragraph (b)(2), the United States would need to be polystroma in a consignment for export, registered grower of the production site safeguarded from infestation by fruit the NPPO of the exporting country would be responsible for following the flies and other pests at the packinghouse would be required to reject that phytosanitary measures agreed upon by and during transport to the continental consignment and may, under conditions APHIS and the NPPO of the exporting United States. Safeguarding measures specified in the operational workplan, country, including removal of fallen for packinghouses and packed fruit, be required to suspend the production fruit and other control measures that are which would be detailed in the site and/or packinghouse from authorized for use in the EU and the operational workplan, include importation to the continental United United States to reduce pest protecting fruit by a pest-proof screen or States for the remainder of that season. populations. The NPPO of the exporting plastic tarpaulin while the fruit is in If any of these pests are found in a country or officials authorized by the transit to the packinghouse and while consignment at U.S. ports of entry, NPPO would be responsible for awaiting packing. Other safeguarding APHIS may, under conditions specified monitoring pest populations at measures include the use of in the operational workplan, reject the production sites in order to determine packinghouse screens and double doors consignment and suspend imports from the need and timing of such control that are sufficient to prevent pests from the production site and/or packinghouse measures and ensure effective control of entering the packing area and requiring until an investigation is completed by pests. The NPPO would also be required fruit to be packed in insect-proof cartons the NPPO of the exporting country and to ensure that registered production or containers, or covered with insect- APHIS. The investigation may include sites are inspected twice every season, proof mesh or a plastic tarpaulin, for site visits by APHIS and reports from with special emphasis on quarantine transport to the United States. the NPPO of the exporting country. pests listed in the operational workplan. Under proposed paragraph (c)(4), Procedures for suspension of production Details of production site traceback apple and pear fruit would have to be sites and/or packinghouses would be and pest monitoring requirements, pest held in a cold storage facility while detailed in the operational workplan. action thresholds, field sanitation, and awaiting export. If any other fruit from The exportation to the continental other phytosanitary measures would be unregistered production sites are stored United States of fresh apple and pear included in the operational workplan in the same facility, the apple and pear fruit from a suspended production site approved by the NPPO of the exporting fruit must be isolated from that other and/or packinghouse may resume in the country and APHIS. fruit. next growing season if an investigation Paragraph 319.56–75(b)(3) would Under proposed § 319.75(c)(5), each is conducted and APHIS and the NPPO require that apple and pear propagative shipping box would need to be marked of the exporting country agree that material introduced into registered with the identity of the packing facility, appropriate remedial actions have been production sites be certified free of the production site, and grower or taken. quarantine pests by the NPPO of the grower organization to enable trace back exporting country. as necessary. Phytosanitary Certificate Mitigations for Medfly Paragraph § 319.56–75 (f) would Packinghouse Requirements require that each consignment of fresh Paragraph (c) of proposed § 319.56–75 Under proposed § 319.56–75(d), apple apple or pear fruit be accompanied by would set forth requirements for pest and pear fruit being exported from a phytosanitary certificate issued by the mitigation, fruit sampling, inspection, countries where APHIS has determined NPPO of the exporting country. and other measures that would have to that Medfly is known to occur would be Requiring a phytosanitary certificate take place at registered packinghouses required to undergo cold treatment in ensures that the NPPO of the exporting under the operational workplan. accordance with the phytosanitary country has inspected the fruit and Under proposed § 319.75(c)(1), all treatments regulations in 7 CFR part certified that the fruit meets the fresh apple and pear fruit for export to 305. Currently, treatment schedule T conditions under the systems approach 3 the United States would be required to 107–a is approved for apples and pears for export to the continental United be packed in packinghouses that are from countries where Medfly is known States. registered and approved by the NPPO of to occur. Details of required cold APHIS has determined that the above the exporting country. Packinghouses treatment procedures would be risk management measures under the would have to be able to exclude plant included in the operational workplan. proposed systems approach will pests and have a tracking system to Phytosanitary Inspection mitigate the risk of pest introductions identify individual production sites. on fresh apple and pear fruit from Paragraph § 319.56–75(e) would Requirements for packinghouse Belgium, Germany, France, Italy, require that, after post-harvest specifications and procedures would be Poland, Portugal, Spain, and the processing, the NPPO of the exporting detailed in the operational workplan. Netherlands into the continental United country or officials authorized by the Under proposed § 319.75(c)(2), States. packinghouses would not be permitted NPPO of the exporting country inspect to pack apple or pear fruit for other Executive Order 12866 and Regulatory 3 USDA/PPQ Treatment Manual, section 5, Flexibility Act countries while packing for the Treatment Schedules. https://www.aphis.usda.gov/ continental United States. All leaves import_export/plants/manuals/ports/downloads/ This proposed rule has been reviewed would have to be removed from fruit to treatment.pdf. under Executive Order 12866. The

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proposed rule has been determined to is, 80 percent apple (11,200 MT) and 20 affected include those in auxiliary be not significant for the purposes of percent pear (2,800 MT). industries that support the production Executive Order 12866 and, therefore, Apple and pear imports from the and distribution of fresh apples and has not been reviewed by the Office of EU–8 would directly compete with U.S. pears in the United States, as well as Management and Budget. produced fruit since the growing importers of fresh apples and pears. In accordance with 5 U.S.C. 603, we seasons are the same. Most apple and have performed an initial regulatory pear imports by the United States come Executive Order 12988 flexibility analysis, which is from southern hemisphere countries (89 This proposed rule would allow fresh summarized below, regarding the percent of apple imports, 78 percent of apple and pear fruit to be imported into economic effects of this proposed rule pear imports) and, notwithstanding the continental United States from on small entities. Copies of the full year-round storage capabilities, we certain EU countries under a systems analysis are available by contacting the expect any displacement of apple and approach. If this proposed rule is person listed under FOR FURTHER pear imports from current sources by adopted, State and local laws and INFORMATION CONTACT or on the EU–8 shipments would be limited due regulations regarding fresh apple and Regulations.gov Web site (see to different growing seasons. For this pear fruit imported under this rule ADDRESSES above for instructions for analysis, we therefore assume that not would be preempted while the fruit is accessing Regulations.gov). more than 10 percent of U.S. apple and in foreign commerce. Fresh fruits are Based on the information we have, pear imports from the EU–8 countries generally imported for immediate there is no reason to conclude that would displace imports from elsewhere. distribution and sale to the consuming adoption of this proposed rule would We use a non-spatial, net trade, public and would remain in foreign result in any significant economic effect partial equilibrium approach to welfare commerce until sold to the ultimate on a substantial number of small analysis to compute expected impacts of consumer. The question of when foreign entities. However, we do not currently the proposed rule on U.S. producers and commerce ceases in other cases must be have all of the data necessary for a consumers. We model changes in U.S. addressed on a case-by-case basis. If this comprehensive analysis of the effects of consumption, production, price, proposed rule is adopted, no retroactive this proposed rule on small entities. consumer welfare, and producer welfare effect will be given to this rule, and this Therefore, we are inviting comments on for three import levels (the expected rule will not require administrative potential effects. In particular, we are quantity, and this quantity plus or proceedings before parties may file suit interested in determining the number minus 10 percent). In all cases, in court challenging this rule. and kind of small entities that may consumer welfare gains under the Paperwork Reduction Act incur benefits or costs from the proposed rule outweigh producer implementation of this proposed rule. welfare losses, yielding a positive net In accordance with section 3507(d) of This proposed rule would allow the welfare impact. The expected net the Paperwork Reduction Act of 1995 importation of fresh apples (Malus benefit for the two fruits exceeds $1.3 (44 U.S.C. 3501 et seq.), the information domestica) and fresh pears (Pyrus million per year. collection or recordkeeping communis) from eight European Union For apples, producer welfare losses requirements included in this proposed (EU) countries (Belgium, France, under the three import levels range rule have been submitted for approval to Germany, Italy, the Netherlands, between $9.2 million and $11.2 million, the Office of Management and Budget Poland, Portugal, and Spain, referred to the equivalent of about 0.3 percent of (OMB). Please send written comments here as the EU–8) into the continental the annual value of fresh apple to the Office of Information and United States, if they are produced in production. Consumer welfare gains Regulatory Affairs, OMB, Attention: accordance with an approved systems range between $10.0 million and $12.2 Desk Officer for APHIS, Washington, DC approach. At present, importation of million, yielding net welfare gains of 20503. Please state that your comments fresh pear from Germany and fresh between $800,000 and $1 million. refer to Docket No. APHIS–2015–0073. apple and fresh pear from Poland is not Apple prices are calculated to decline Please send a copy of your comments to: allowed. For the other EU–8 countries, by about 0.5 percent when 11,200 MT (1) APHIS, using one of the methods this action would provide an alternative of fresh apples are imported annually described under ADDRESSES at the to current preclearance import from the EU–8. This quantity is beginning of this document, and (2) requirements. equivalent to about 0.5 percent of Clearance Officer, OCIO, USDA, room The United States and the EU both annual fresh apple consumption in the 404–W, 14th Street and Independence have large apple and pear industries. United States. Avenue SW., Washington, DC 20250. A U.S. demand for EU–8 apples and pears For pears, producer welfare losses comment to OMB is best assured of imported under the proposed rule under the three import levels range having its full effect if OMB receives it would depend on relative prices and on between $1.9 million and $2.3 million, within 30 days of publication of this market characteristics as determined by coincidentally also equivalent to about proposed rule. domestic and foreign supplies and 0.3 percent of the annual value of fresh The regulations in ‘‘Subpart—Fruits consumer preferences. The pear production. Consumer welfare and Vegetables’’ (Title 7, Code of competitiveness of EU–8 apples and gains range between $2.3 million and Federal Regulations (CFR) 319.56 pears would largely rest on their prices, $2.8 million, and net welfare gains are through 319.56–74, referred to as the the varieties shipped, and their quality. less than $500,000. Pear prices are regulations), prohibit or restrict the The EU estimates that annual apple calculated to decline by about 0.4 importation of fruits and vegetables into and pear exports by the EU–8 to the percent when 2,800 MT of fresh pears the United States from certain parts of United States would total 14,000 MT are imported annually from the EU–8. the world to prevent the introduction under the proposed rule. EU–8 apple This quantity is equivalent to about 0.7 and dissemination of plant pests that are and pear exports in recent years to percent of annual fresh pear new to or not widely distributed with countries outside of the EU show the consumption in the United States. the United States. quantity of apples to have been four Small-entity apple and pear producers APHIS is proposing to amend the times that of pears. For our analysis, we may be directly affected by the proposed regulations to allow the importation of apportion the 14,000 MT similarly, that rule. Other small entities that may be fresh apple and pear fruit from certain

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countries in the European Union into is estimated to average .00627 hours per ■ 3. Section 319.56–75 is added to the continental United States, provided response. subpart—Fruits and Vegetables to read that the fruit is produced in accordance Respondents: Foreign businesses and as follows: with a systems approach, as an NPPOs. alternative to importation under the Estimated annual number of § 319.56–75 Fresh apple and pear fruit from Belgium, Germany, France, Italy, current preclearance program. The respondents: 72. Estimated annual number of Poland, Portugal, Spain and the proposed systems approach for fresh Netherlands. apple and pear fruit consists of responses per respondent: 2,230. Fresh apple (Malus domestica Borkh.) production site and packinghouse Estimated annual number of and fresh pear (Pyrus communis L.) fruit registration, inspection of registered responses: 160,553. from Belgium, Germany, France, Italy, production sites twice a season, Estimated total annual burden on production site pest control and respondents: 1,007 hours. (Due to Poland, Portugal, Spain, and the sanitation, post-harvest safeguards, fruit averaging, the total annual burden hours Netherlands may be imported into the culling, traceback, sampling, cold may not equal the product of the annual continental United States in accordance treatment against Mediterranean fruit fly number of responses multiplied by the with the conditions listed in this in countries where the pest is known to reporting burden per response.) section. See § 319.56–22 for alternative occur, a phytosanitary certificate, port of Copies of this information collection provisions authorizing the importation entry inspection, and importation as can be obtained from Ms. Kimberly of apples and pears from certain commercial consignments only. Fresh Hardy, APHIS’ Information Collection countries in . apple and pear fruit that does not meet Coordinator, at (301) 851–2727. (a) General requirements. (1) The NPPO of the exporting country must the requirements in the systems E-Government Act Compliance approach would continue to be allowed develop an operational workplan, to be imported into the United States The Animal and Plant Health subject to APHIS approval, that details subject to the conditions of the Inspection Service is committed to the activities that the NPPO would carry preclearance program. compliance with the EGovernment Act out to meet the requirements of this This action would provide an to promote the use of the Internet and section. alternative for the importation of fresh other information technologies, to (2) The fresh apple and pear fruit apple and pear fruit from certain provide increased opportunities for must be imported in commercial countries in the European Union while citizen access to Government consignments only. continuing to provide protection against information and services, and for other (b) Production site requirements. (1) the introduction of plant pests into the purposes. For information pertinent to Production sites where the fresh apple continental United States. E-Government Act compliance related and pear fruit is grown must be Implementing this rule will require an to this proposed rule, please contact Ms. registered with the NPPO of the operational workplan, production site Kimberly Hardy, APHIS’ Information exporting country. and packing house registrations, Collection Coordinator, at (301) 851– (2) The registered grower of the tracking system, monitoring, 2727. production site must follow the phytosanitary measures agreed upon by inspections, investigations, box List of Subjects in 7 CFR Part 319 markings, cold treatment burden APHIS and the NPPO of the exporting requirements, and phytosanitary Coffee, Cotton, Fruits, Imports, Logs, country in the operational workplan, certificates. Nursery stock, Plant diseases and pests, including applying control measures We are soliciting comments from the Quarantine, Reporting and that are authorized for use in the EU and public (as well as affected agencies) recordkeeping requirements, Rice, the United States to reduce pest concerning our proposed information Vegetables. populations. The NPPO of the exporting collection and recordkeeping Accordingly, we propose to amend 7 country or officials authorized by the requirements. These comments will CFR part 319 as follows: NPPO must monitor pest populations at help us: production sites in order to determine (1) Evaluate whether the proposed PART 319—FOREIGN QUARANTINE the need and timing of such control information collection is necessary for NOTICES measures and ensure effective control of pests. The NPPO must also ensure that the proper performance of our agency’s ■ 1. The authority citation for part 319 registered production sites are inspected functions, including whether the continues to read as follows: information will have practical utility; twice every season with emphasis on (2) Evaluate the accuracy of our Authority: 7 U.S.C. 450, 7701–7772, and the quarantine pests listed in the estimate of the burden of the proposed 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR operational workplan. information collection, including the 2.22, 2.80, and 371.3. (3) Any apple and pear propagative validity of the methodology and ■ 2. In § 319.56–22, the introductory material introduced into registered assumptions used; text of paragraph (a) is revised to read production sites must be certified free of (3) Enhance the quality, utility, and as follows: quarantine pests by the NPPO of the clarity of the information to be exporting country. collected; and § 319.56–22 Apples and pears from certain (c) Packinghouse requirements. (1) All (4) Minimize the burden of the countries in Europe. fresh apple and pear fruit for export to information collection on those who are (a) Importations allowed. The the continental United States must be to respond (such as through the use of following fruits may be imported into packed in packinghouses that are appropriate automated, electronic, the United States in accordance with registered and approved by the NPPO of mechanical, or other technological this section and all other applicable the exporting country. Packinghouses collection techniques or other forms of provisions of this subpart. See § 319.56– must be able to exclude plant pests and information technology; e.g., permitting 75 for alternative provisions authorizing have a tracking system to identify electronic submission of responses). the importation of apples and pears individual production sites in Estimate of burden: Public reporting from certain countries in Europe. accordance with the operational burden for this collection of information * * * * * workplan.

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(2) Packinghouses must not pack country and APHIS. The investigation doors, and corrective actions if apple and pear fruit for other countries may include site visits by APHIS and/ necessary; replacement of the MLG while packing for shipment to the or reports from the NPPO of the fairing seal; and a terminating action continental United States. All leaves exporting country. Procedures for involving increasing the clearances must be removed from the fruit to suspension of production sites and/or between the MLG fairing and MLG door. remove Leucoptera malifoliella, and packinghouses will be detailed in the This proposed AD would also add one packinghouse culling and inspection operational workplan. The exportation airplane and remove others from the procedures must be followed to remove to the continental United States of fresh applicability. We are proposing this AD fruit with pupae of Leucoptera apple and pear fruit from a suspended to prevent loss of controllability of the malifoliella. production site and/or packinghouse airplane during landing. (3) All packed fruit intended for may resume in the next growing season DATES: We must receive comments on shipment to the continental United if an investigation is conducted and this proposed AD by March 7, 2016. States must be safeguarded from APHIS and the NPPO of the exporting ADDRESSES: You may send comments by infestation by fruit flies and other pests country agree that appropriate remedial any of the following methods: while at the packinghouse and during actions have been taken. • Federal eRulemaking Portal: Go to shipment to the continental United (f) Phytosanitary certificate. Each http://www.regulations.gov. Follow the States in accordance with the consignment of fresh apple or pear fruit instructions for submitting comments. operational workplan. must be accompanied by a • Fax: 202–493–2251. (4) Apple and pear fruit must be held phytosanitary certificate issued by the • Mail: U.S. Department of in a cold storage facility while awaiting NPPO of the exporting country Transportation, Docket Operations, M– export. If any other fruit from certifying that the fruit meets the 30, West Building Ground Floor, Room unregistered production sites are stored conditions under this section for export W12–140, 1200 New Jersey Avenue SE., in the same facility, the apple and pear to the continental United States. Washington, DC 20590. fruit must be isolated from that other • Hand Delivery: U.S. Department of fruit. Done in Washington, DC, this 13th day of January 2016. Transportation, Docket Operations, M– (5) Each shipping box must be marked 30, West Building Ground Floor, Room Kevin Shea, with the identity of the packing facility, W12–140, 1200 New Jersey Avenue SE., the production site, and grower or Administrator, Animal and Plant Health Washington, DC, between 9 a.m. and 5 Inspection Service. grower organization to ensure traceback. p.m., Monday through Friday, except (d) Mitigation for Mediterranean fruit [FR Doc. 2016–00992 Filed 1–19–16; 8:45 am] Federal holidays. fly. Apple and pear fruit being exported BILLING CODE 3410–34–P For service information identified in from countries where Mediterranean this proposed AD, contact, Bombardier, fruit fly is known to occur must undergo Inc., 400 Coˆte-Vertu Road West, Dorval, cold treatment in accordance with the DEPARTMENT OF TRANSPORTATION Que´bec H4S 1Y9, Canada; telephone phytosanitary treatments regulations in 514–855–5000; fax 514–855–7401; email part 305 of this chapter. Cold treatment Federal Aviation Administration [email protected]; Internet procedures and schedules will be http://www.bombardier.com. You may included in the operational workplan. 14 CFR Part 39 view this referenced service information (e) Phytosanitary inspection. After [Docket No. FAA–2015–8471; Directorate at the FAA, Transport Airplane post-harvest processing, the NPPO of Identifier 2013–NM–153–AD] Directorate, 1601 Lind Avenue SW., the exporting country or officials Renton, WA. For information on the authorized by the NPPO of the exporting RIN 2120–AA64 availability of this material at the FAA, country must inspect the apple and pear call 425–227–1221. fruit for signs of pest infestation and Airworthiness Directives; Bombardier, confirm absence of the pests listed in Inc. Airplanes Examining the AD Docket the operational workplan. Upon AGENCY: Federal Aviation You may examine the AD docket on detection of Adoxophyes orana, Administration (FAA), DOT. the Internet at http:// Alternaria gaisen, Argyrotaenia ACTION: Notice of proposed rulemaking www.regulations.gov by searching for pulchellana, Ascochyta piricola, (NPRM). and locating Docket No. FAA–2015– Ceratitis capitata, Grapholita (Cydia) 8471; or in person at the Docket funebrana, Leucoptera malifoliella, SUMMARY: We propose to supersede Management Facility between 9 a.m. Monilinia fructigena and/or Monilinia Airworthiness Directive (AD) 2010–23– and 5 p.m., Monday through Friday, polystroma in a consignment for export, 19, that applies to certain Bombardier, except Federal holidays. The AD docket the NPPO of the exporting country must Inc. Model CL–600–2C10 (Regional Jet contains this proposed AD, the reject the consignment and may, under Series 700, 701, and 702) airplanes, regulatory evaluation, any comments conditions specified in the operational Model CL–600–2D15 (Regional Jet received, and other information. The workplan, be required to suspend the Series 705) airplanes, and Model CL– street address for the Docket Operations production site and/or packinghouse 600–2D24 (Regional Jet Series 900) office (telephone 800–647–5527) is in from importation to the continental airplanes. AD 2010–23–19 requires the ADDRESSES section. Comments will United States for the remainder of that repetitive inspections for damage of the be available in the AD docket shortly season. If any of these pests are found main landing gear (MLG) inboard doors after receipt. in a consignment at U.S. ports of entry, and fairing, and corrective actions if FOR FURTHER INFORMATION CONTACT: Ezra APHIS may, under conditions specified necessary. Since we issued AD 2010– Sasson, Aerospace Engineer, Airframe in the operational workplan, reject the 23–19, we have received reports of the and Mechanical Systems Branch, ANE– consignment and suspend the MLG failing to fully extend. This 171, FAA, New York Aircraft production site and/or packinghouse proposed AD would require repetitive Certification Office, 1600 Stewart from importation to the continental inspections for damage of the MLG Avenue, Suite 410, Westbury, NY United States until an investigation is inboard doors, MLG fairing, and 11590; telephone 516–228–7320; fax completed by the NPPO of the exporting adjacent structures of the MLG inboard 516–794–5531.

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