41930 Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Proposed Rules

[FR Doc. 2014–16949 Filed 7–17–14; 8:45 am] 3A–03.8, 4700 River Road, Unit 118, • Bactrocera dorsalis (Hendel), Oriental BILLING CODE 6325–38–P Riverdale, MD 20737–1238. fruit fly. Supporting documents and any • Carposina sasakii Matsumura, peach fruit moth. comments we receive on this docket • may be viewed at http://www. Cenopalpus pulcher (Canestrini & DEPARTMENT OF AGRICULTURE Fanzago), flat scarlet mite. regulations.gov/#!docketDetail;D= • Cryptoblabes gnidiella (Millie`re), Animal and Plant Health Inspection APHIS–2014–0003 or in our reading honeydew moth. Service room, which is located in room 1141 of • Cydia funebrana (Treitschke), plum fruit the USDA South Building, 14th Street moth. 7 CFR Part 319 and Independence Avenue SW., • Euzophera bigella (Zeller), quince moth. Washington, DC. Normal reading room • Euzophera pyriella Yang, a moth. [Docket No. APHIS–2014–0003] hours are 8 a.m. to 4:30 p.m., Monday • Grapholita inopinata Heinrich, Manchurian fruit moth. RIN 0579–AD89 through Friday, except holidays. To be • sure someone is there to help you, Leucoptera malifoliella (Costa), apple Importation of Apples From China leaf miner. please call (202) 799–7039 before • Monilia polystroma van Leeuwen, Asian coming. AGENCY: Animal and Plant Health brown rot. • Inspection Service, USDA. FOR FURTHER INFORMATION CONTACT: Mr. Monilinia fructigena Honey, brown fruit rot. ACTION: Proposed rule. Marc Phillips, Senior Regulatory Policy • Specialist, Regulatory Coordination and Rhynchites auratus (Scopoli), apricot weevil. SUMMARY: We are proposing to amend Compliance, PPQ, APHIS, 4700 River • Rhynchites bacchus (L.), peach weevil. the fruits and vegetables regulations to Road, Unit 156, Riverdale, MD 20737; • Rhynchites giganteus Krynicky, a weevil. allow the importation of fresh apples (301) 851–2114. • Rhynchites heros Roelofs, a weevil. (Malus pumila) from China into the SUPPLEMENTARY INFORMATION: • Spilonota albicana (Motschulsky), white continental United States. As a fruit moth. condition of entry, apples from areas in Background • Spilonota prognathana Snellen, a moth. China in which the Oriental fruit fly The regulations in ‘‘Subpart—Fruits • Ulodemis trigrapha Meyrick, a moth. (Bactrocera dorsalis) is not known to and Vegetables’’ (7 CFR 319.56–1 The PRA states that measures beyond exist would have to be produced in through 319.56–68, referred to below as standard port-of-entry inspection are accordance with a systems approach the regulations) prohibit or restrict the required to mitigate the risks posed by that would include requirements for importation of fruits and vegetables into these plant pests. After consideration of registration of places of production and the United States from certain parts of potential mitigation options, we have packinghouses, inspection for the world to prevent the introduction prepared a risk management document quarantine pests at set intervals by the and dissemination of plant pests that are (RMD) to recommend specific measures national plant protection organization of new to or not widely distributed within to mitigate these risks. Copies of the China, bagging of fruit, safeguarding, the United States. RMD may be obtained from the person labeling, and importation in commercial The national plant protection listed under FOR FURTHER INFORMATION consignments. Apples from areas in organization (NPPO) of China has CONTACT or viewed on the China in which Oriental fruit fly is requested that the Animal and Plant Regulations.gov Web site. known to exist could be imported into Health Inspection Service (APHIS) Based on the recommendations of the the continental United States if, in amend the regulations to allow apples RMD, we are proposing to allow the addition to these requirements, the (Malus pumila) from China to be importation of apples from China into apples are treated with fumigation plus imported into the continental United the continental United States only if refrigeration. All apples from China States. they are produced in accordance with a would also be required to be As part of our evaluation of China’s systems approach; we are proposing to accompanied by a phytosanitary request, we have prepared a pest risk add the systems approach to the certificate with an additional assessment (PRA), titled ‘‘Importation of regulations in a new § 319.56–69 declaration stating that all conditions Apples (Malus pumila) from China into governing the importation of apples for the importation of the apples have the Continental United States’’ (June 10, from China. been met and that the consignment of 2013). The PRA evaluates the risks Proposed Systems Approach apples has been inspected and found associated with the importation of free of quarantine pests. This action General Requirements apples into the continental United would allow for the importation of States from China. Copies of the PRA Paragraph (a) of § 319.56–69 would apples from China into the continental may be obtained by contacting the set out general requirements for the United States while continuing to individual listed under FOR FURTHER NPPO of China and for growers and provide protection against the INFORMATION CONTACT or viewed on the packers producing apples for export to introduction of quarantine pests. Regulations.gov Web site (see the continental United States. DATES: We will consider all comments ADDRESSES above for instructions for Paragraph (a)(1) would require the that we receive on or before September accessing Regulations.gov). The PRA NPPO of China to provide an 16, 2014. identifies 21 pests of quarantine operational workplan to APHIS that ADDRESSES: You may submit comments significance present in China that could details the activities that the NPPO will, by either of the following methods: be introduced into the continental subject to APHIS’ approval of the • Federal eRulemaking Portal: Go to United States through the importation of workplan, carry out to meet the http://www.regulations.gov/#!docket Chinese apples: requirements of proposed § 319.56–69. Detail;D=APHIS–2014–0003. • As described in a notice we published • Adoxophyes orana (Fischer von Postal Mail/Commercial Delivery: Ro¨slerstamm), summer fruit tortix. on May 10, 2006, in the Federal Send your comment to Docket No. • Archips micaceana (Walker), a moth. Register (71 FR 27221–27224, Docket APHIS–2014–0003, Regulatory Analysis • Argyrotaenia ljungiana (Thunberg), No. APHIS–2005–0085), an operational and Development, PPD, APHIS, Station grape tortix. workplan is an agreement between

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APHIS’ Plant Protection and Quarantine the apples arrive at the packinghouse. Packinghouse Requirements (PPQ) program, officials of the NPPO of This bagging protocol, which is Paragraph (c) of § 319.56–69 would a foreign government, and, when modeled on a similar requirement for Ya set forth requirements for mitigation necessary, foreign commercial entities pears and sand pears from China, helps measures that would have to take place that specifies in detail the phytosanitary protect the apples against the quarantine at registered packinghouses. Paragraph measures that will comply with our moths and fungi. (c)(1) would require that, during the regulations governing the import or Paragraph (b)(3) would require the time registered packinghouses are in use export of a specific commodity. NPPO of China to visit and inspect for packing apples for export to the Operational workplans establish continental United States, the detailed procedures and guidance for registered places of production prior to harvest for signs of infestations. This packinghouses may only accept apples the day-to-day operations of specific that are from registered places of import/export programs. Workplans also provision is modeled on existing provisions for the importation of production and that are produced in establish how specific phytosanitary accordance with the requirements of fragrant pears and sand pears from issues are dealt with in the exporting proposed § 319.56–69. Apples from China, and serves a dual purpose: It not country and make clear who is other places of production may be only provides for the NPPO of China to responsible for dealing with those produced under conditions that are less issues. The implementation of a systems inspect the place of production for stringent than those of this proposed approach typically requires an quarantine pests in a manner that rule, and may therefore be a pathway for operational workplan to be developed. APHIS believes to be sufficiently the introduction of quarantine pests into Paragraph (a)(2) would require the rigorous, but also affords the NPPO the the packinghouses. apples to be grown in places of opportunity to determine whether the Paragraph (c)(2) would require production that are registered with the orchard has continually maintained the packinghouses to have a tracking system NPPO of China. phytosanitary measures specified for it in place to readily identify all apples Paragraph (a)(3) would state that under the operational workplan. destined for export to the continental apples from China may be imported in Paragraph (b)(4) would state that, if United States that enter the commercial consignments only. Produce packinghouse and be able to trace the grown commercially is less likely to be either Monilia polystroma van Leeuwen or Monilinia fructigena is detected at a apples back to their place of production. infested with plant pests than In the event that quarantine pests are noncommercial consignments. registered place of production, APHIS could reject the consignment or prohibit discovered in any consignment, the Noncommercial consignments are more packinghouse would have to use the the importation into the continental prone to infestation because the tracking system to determine the place United States of apples from the place commodity is often ripe to overripe and of production of the apples, and supply is often grown with little to no pest of production for the remainder of the the NPPO of China or officials control. Commercial consignments, as season. The exportation to the authorized by the NPPO with this defined within the regulations, are continental United States of apples from information. The NPPO would then consignments that an inspector the place of production could resume in inspect the place of production in order identifies as having been imported for the next growing season if an to determine the scope of the outbreak sale and distribution. Such investigation is conducted by the NPPO and the remedial actions necessary to identification is based on a variety of of China and APHIS and the NPPO address it. indicators, including, but not limited to: conclude that appropriate remedial Paragraph (c)(3) would state that, Quantity of produce, type of packaging, action has been taken. If either Monilia following the packinghouse inspection, identification of grower or packinghouse polystroma van Leeuwen or Monilinia the packinghouse must follow a on the packaging, and documents fructigena are detected at more than one handling procedure for the apples that consigning the fruits or vegetables to a registered place of production within a is mutually agreed upon by APHIS and wholesaler or retailer. province, APHIS could prohibit the the NPPO of China. Handling Place of Production Requirements importation into the continental United procedures could include such States of apples from that province until measures as culling damaged apples, Our systems approach would require an investigation is conducted and removing leaves from the apples, wiping certain measures to take place at the APHIS and the NPPO conclude that the apples with a clean cloth, air registered places of production. appropriate remedial action has been blasting, or grading. Proposed paragraph (b) of § 319.56–69 taken. Procedures for disqualification of Paragraph (c)(4) would require that would contain these measures. the apples be washed and waxed prior Paragraph (b)(1) would require the place registered places of production based on detection of other listed pests of concern to shipment. Washing and waxing of production to carry out any removes surface pests such as scale phytosanitary measures specified for the will be detailed in the operational workplan approved by APHIS and the insects, mealybugs, and mites. place of production under the Paragraph (c)(5) would require the NPPO. We are specifically requiring operational workplan. Depending on the apples to be packed in cartons that are inspection for Monilia polystroma van location, size, and plant pest history of labeled with the identity of the place of Leeuwen and Monilinia fructigena as the orchard, these measures may production and the packinghouse. In the include surveying protocols or inspections provide phytosanitary event that quarantine pests are application of pesticides and fungicides. protection against these pests and discovered in a consignment of apples Paragraph (b)(2) would state that, eliminate the need for additional after it is exported to the United States, when any apples destined for export to treatment such as fungicidal dips. The this labeling will facilitate traceback and the continental United States are still on other proposed requirements provide help the NPPO and APHIS delimit the the tree and are no more than 2 sufficient mitigation against the other scope of the outbreak. centimeters in diameter, double-layered pests of concern and therefore specific paper bags must be placed wholly over inspection, apart from standard port of Shipping Requirements the apples. The bags would have to entry inspection, for those pests is Proposed paragraph (d) of § 319.56–69 remain intact and on the apples until unnecessary. would set forth shipping requirements

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for apples from China. It would require ADDRESSES above for instructions for consumption and 5.2 million MT for sealed containers of apples destined for accessing Regulations.gov). processing). Unlike in the United States, export to the continental United States Based on the information we have, China’s apple industry relies marginally to be held in a cold storage facility there is no reason to conclude that on international trade—it exported while awaiting export. This would help adoption of this proposed rule would about 3 percent of fresh apples to prevent pest infestation of packed result in any significant economic effect produced and imported 0.1 percent of apples, as certain of the quarantine pests on a substantial number of small fresh apples consumed in 2012, while for apples from China are averse to cold entities. However, we do not currently the United States exported about 30 conditions. have all of the data necessary for a percent of fresh apples produced and comprehensive analysis of the effects of imported 9 percent of fresh apples Phytosanitary Certificate this proposed rule on small entities. consumed in 2012. China’s exports of Paragraph (e) of § 319.56–69 would Therefore, we are inviting comments on fresh apples peaked in 2009 at 1.2 require each consignment of apples potential effects. In particular, we are million MT and declined to 0.98 million imported from China into the interested in determining the number MT in 2012. Most of the 4.3 million continental United States to be and kind of small entities that may apple growers in China operate on a accompanied by a phytosanitary incur benefits or costs from the small scale, with farm acreages certificate issued by the NPPO of China implementation of this proposed rule. averaging 1.3 acres. The Fuji variety with an additional declaration stating The proposed rule would allow the accounted for about 70 percent of that the requirements of § 319.56–69 importation of fresh apples from China China’s apple production in 2012. have been met and the consignment has into the continental United States if China’s heavy dependence on the Fuji been inspected by the NPPO of China they are produced in accordance with a variety sharply contrasts to the diverse and found free of quarantine pests. systems approach specified in the varieties that are produced in the United APHIS approved operational workplan. States. Additional Condition for Apples From As required by Executive Orders 12866 China’s export markets are Areas of China South of the 33rd and 13563, this analysis examines concentrated in Russia, Southeast Asia, Parallel expected regulatory impacts of the and the Middle East. Chinese fresh proposed rule on U.S. entities. The mitigation measures contained in apples also have been exported to Apples are the second most popular proposed paragraphs (a) through (e) of Canada for more than a decade; fresh fruit for consumers and the third however, Canada accounted only for 0.4 § 319.56–69 would apply to all apples most valuable fruit crop produced in the imported into the continental United percent of total China’s fresh apple United States. The United States is the exports in 2012. In fact, the combined States from China. However, since the world’s second largest apple producer; Oriental fruit fly is known to exist, in export volume to Canada, European it became the world’s largest apple Union (EU) member countries, varying population densities, in areas of exporter by value in 2012, generating Australia, and Mexico is very small (0.8 China south of the 33rd parallel, apples $909 million in fresh apple trade percent of total fresh apple exports by from such areas would be subject to surplus (exports minus imports). That China in 2012), and has significantly treatment in accordance with 7 CFR part year, the United States commercially declined in the last 6 years, from 45,267 305. Within part 305, § 305.2 provides produced 4.1 million metric tons (MT) MT in 2007 (4.4 percent of Chinese that approved treatment schedules are of apples, valued at $3 billion. apple exports) to 8,273 MT in 2012. set out in the PPQ Treatment Manual, According to the 2007 Census of Average export prices of fresh apples found online at http://www.aphis.usda. Agriculture, the 25,591 U.S. apple farms from China in 2012 to the gov/import_export/plants/manuals/ had orchards that averaged 15.6 acres. aforementioned countries (Canada, ports/downloads/treatment.pdf. (The Virtually all apple farms are family $1.50/KG; EU, $1.10/KG; Australia, manual specifies that fumigation plus owned, and many of these families have $1.83/KG; and Mexico, $1.55/KG) are refrigeration schedule T108-a is been engaged in apple production for consistently higher than the average effective in neutralizing Oriental fruit many generations. export price for all 67 countries to fly on apples.) Proposed paragraph (f) of Although apples are commercially which China exported fresh apples § 319.56–69 would contain this grown in all 50 States, 9 States account ($0.98/KG). It is reasonable to expect additional requirement. for 96 percent of production. The State that prices for fresh apples exported to Executive Order 12866 and Regulatory of Washington is by far the largest the United States would be similar to Flexibility Act producer, at more than 2.9 million MT the prices paid by Canada and Mexico. per year. Almost all apple farms are Since the trend for U.S. fresh apple This proposed rule has been reviewed family owned, and many of these import prices has been steady at around under Executive Order 12866. The families have been engaged in apple $0.89/KG, apples imported from China proposed rule has been determined to production for many generations. The are not likely to compete solely on price be not significant for the purposes of United States imported 183,000 MT of in the U.S. market. U.S. consumers Executive Order 12866 and, therefore, fresh apples, valued at $164 million, in make their purchasing decisions for has not been reviewed by the Office of 2012. Virtually all imports came from fresh apples based not only on price, but Management and Budget. four trading partners: Chile, New also on qualitative attributes such as In accordance with 5 U.S.C. 603, we Zealand, Canada, and Argentina. variety, flavor, appearance, freshness, have performed an initial regulatory By quantity, China is the world’s production method, and product origin. flexibility analysis, which is largest producer, consumer, and Based on historic trade data, not more summarized below, regarding the exporter of apples. Apples are the than 10,000 MT of fresh apples is economic effects of this proposed rule leading fruit produced in China, with expected to be imported from China into on small entities. Copies of the full production having increased from 2.3 the continental United States annually, analysis are available by contacting the million MT in 1978, to 38.5 million MT which would be the equivalent of about person listed under FOR FURTHER in 2012. At the same time, its domestic 5 percent of U.S. imports and 0.44 INFORMATION CONTACT or on the demand for apples has grown to 37.5 percent of the U.S. domestic fresh apple Regulations.gov Web site (see million MT (33.3 million MT for fresh supply in 2012. Most of China’s fresh

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apple exports to the United States Avenue SW., Washington, DC 20250. A (4) Minimize the burden of the would likely be shipped to West Coast comment to OMB is best assured of information collection on those who are ports, primarily ones in California. having its full effect if OMB receives it to respond (such as through the use of California is also the largest market for within 30 days of publication of this appropriate automated, electronic, Washington apples, and any effects of proposed rule. mechanical, or other technological the proposed rule may be borne mainly APHIS is proposing to amend the collection techniques or other forms of by Washington and California apple fruits and vegetables regulations to information technology; e.g., permitting growers, in particular, U.S. apple allow for the importation of fresh apples electronic submission of responses). growers of the Fuji variety. U.S. apple (Malus pumila) from China into the Estimate of burden: Public reporting growers of other varieties and in other continental United States. As a burden for this collection of information areas may also experience limited condition of entry, apples from areas in is estimated to average 0.0079 hours per effects in terms of increased China in which the Oriental fruit fly response. competition. (Bactrocera dorsalis) is not known to Respondents: NPPO of China, While China’s interest in obtaining exist would have to be produced in producers, and exporters. market access to the United States for its accordance with a systems approach Estimated annual number of apples is a recognized concern of the that would include requirements for respondents: 181. Estimated annual number of U.S. apple industry, the industry is registration of places of production and challenged by relatively flat domestic responses per respondent: 278. packinghouses, inspection for Estimated annual number of apple consumption. The industry’s quarantine pests at set intervals by the growth can be fostered through responses: 50,461. National Plant Protection Organization Estimated total annual burden on expanded global trade. Given APHIS’ (NPPO) of China, bagging of fruit, determination that the proposed rule respondents: 400 hours. (Due to safeguarding, labeling, and importation averaging, the total annual burden hours will not result in significant adverse in commercial consignments. Apples impacts on plant health, the proposed may not equal the product of the annual from areas in China in which Oriental number of responses multiplied by the rule could provide additional trade fruit fly is known to exist could be opportunities for the two countries. reporting burden per response.) imported into the continental United Copies of this information collection Executive Order 12988 States if, in addition to these can be obtained from Mrs. Celeste requirements, the apples are treated This proposed rule would allow Sickles, APHIS’ Information Collection apples to be imported into the with fumigation plus refrigeration. Coordinator, at (301) 851–2908. All apples from China would also be continental United States from China. If E-Government Act Compliance this proposed rule is adopted, State and required to be accompanied by a local laws and regulations regarding phytosanitary certificate with an The Animal and Plant Health apples imported under this rule would additional declaration stating that all Inspection Service is committed to be preempted while the fruit is in conditions for the importation of the compliance with the E-Government Act foreign commerce. Fresh fruits are apples have been met and that the to promote the use of the Internet and generally imported for immediate consignment of apples has been other information technologies, to distribution and sale to the consuming inspected and found free of quarantine provide increased opportunities for citizen access to Government public and would remain in foreign pests. This action would allow for the information and services, and for other commerce until sold to the ultimate importation of apples from China into purposes. For information pertinent to consumer. The question of when foreign the continental United States while E-Government Act compliance related commerce ceases in other cases must be continuing to provide protection against to this proposed rule, please contact addressed on a case-by-case basis. If this the introduction of quarantine pests. Mrs. Celeste Sickles, APHIS’ proposed rule is adopted, no retroactive Allowing the importation of apples Information Collection Coordinator, at effect will be given to this rule, and this into the continental United States from (301) 851–2908. rule will not require administrative China will require an operational proceedings before parties may file suit workplan, production site and List of Subjects in 7 CFR Part 319 in court challenging this rule. packinghouse registrations, tracking system, box labeling, and phytosanitary Coffee, Cotton, Fruits, Imports, Logs, Paperwork Reduction Act certificates. Nursery stock, Plant diseases and pests, Quarantine, Reporting and In accordance with section 3507(d) of We are soliciting comments from the recordkeeping requirements, Rice, the Paperwork Reduction Act of 1995 public (as well as affected agencies) Vegetables. (44 U.S.C. 3501 et seq.), the information concerning our proposed information collection or recordkeeping collection and recordkeeping Accordingly, we propose to amend 7 requirements included in this proposed requirements. These comments will CFR part 319 as follows: help us: rule have been submitted for approval to PART 319—FOREIGN QUARANTINE the Office of Management and Budget (1) Evaluate whether the proposed NOTICES (OMB). Please send written comments information collection is necessary for to the Office of Information and the proper performance of our agency’s ■ 1. The authority citation for part 319 Regulatory Affairs, OMB, Attention: functions, including whether the continues to read as follows: information will have practical utility; Desk Officer for APHIS, Washington, DC Authority: 7 U.S.C. 450, 7701–7772, and 20503. Please state that your comments (2) Evaluate the accuracy of our 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR refer to Docket No. APHIS–2014–0003. estimate of the burden of the proposed 2.22, 2.80, and 371.3. Please send a copy of your comments to: information collection, including the ■ 2. Section 319.56–69 is added to read (1) APHIS, using one of the methods validity of the methodology and as follows: described under ADDRESSES at the assumptions used; beginning of this document, and (2) (3) Enhance the quality, utility, and § 319.56–69 Apples from China. Clearance Officer, OCIO, USDA, Room clarity of the information to be Fresh apples (Malus pumila) from 404–W, 14th Street and Independence collected; and China may be imported into the

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continental United States from China prior to harvest for signs of infestation be treated in accordance with 7 CFR only under the conditions described in and/or infection. part 305. this section. These conditions are (4) If Monilia polystroma van Done in Washington, DC, this 14th day of designed to prevent the introduction of Leeuwen or Monilinia fructigena is July 2014. the following quarantine pests: detected at a registered place of Kevin Shea, Adoxophyes orana (Fischer von production, APHIS may reject the Administrator, Animal and Plant Health Ro¨slerstamm), summer fruit tortix; consignment or prohibit the importation Inspection Service. Archips micaceana (Walker), a moth; into the continental United States of [FR Doc. 2014–16923 Filed 7–17–14; 8:45 am] Argyrotaenia ljungiana (Thunberg), apples from the place of production for BILLING CODE 3410–34–P grape tortix; Bactrocera dorsalis the remainder of the season. The (Hendel), Oriental fruit fly; Carposina exportation to the continental United sasakii Matsumura, peach fruit moth; States of apples from the place of DEPARTMENT OF AGRICULTURE Cenopalpus pulcher (Canestrini & production may resume in the next Fanzago), flat scarlet mite; Cryptoblabes growing season if an investigation is Animal and Plant Health Inspection gnidiella (Millie`re), honeydew moth; conducted by the NPPO and APHIS and Service Cydia funebrana (Treitschke), plum the NPPO conclude that appropriate fruit moth; Euzophera bigella (Zeller), remedial action has been taken. 7 CFR Part 340 quince moth; Euzophera pyriella Yang, (c) Packinghouse requirements. [Docket No. APHIS–2006–0124] a moth; Grapholita inopinata Heinrich, (1) Packinghouses must be registered Manchurian fruit moth; Leucoptera with the NPPO of China, and during the RIN 0579–AC08 malifoliella (Costa), apple leaf miner; time registered packinghouses are in use Monilia polystroma van Leeuwen, Asian for packing apples for export to the Sharing Certain Business Information brown rot; Monilinia fructigena Honey, continental United States, the Regarding the Introduction of brown fruit rot; Rhynchites auratus packinghouses may only accept apples Genetically Engineered Organisms (Scopoli), apricot weevil; Rhynchites that are from registered places of With State and Tribal Government bacchus (L.), peach weevil; Rhynchites production and that are produced in Agencies giganteus Krynicky, a weevil; accordance with the requirements of AGENCY: Rhynchites heros Roelofs, a weevil; Animal and Plant Health this section. Inspection Service, USDA. Spilonota albicana (Motschulsky), (2) Packinghouses must have a ACTION: Proposed rule; withdrawal. white fruit moth; Spilonota tracking system in place to readily prognathana Snellen, a moth; and identify all apples destined for export to SUMMARY: We are withdrawing a Ulodemis trigrapha Meyrick, a moth. the continental United States that enter proposed rule that would have amended The conditions for importation of all the packinghouse and be able to trace the regulations regarding genetically fresh apples from China are found in the apples back to their place of engineered organisms regulated by the paragraphs (a) through (e) of this production. United States Department of Agriculture section; additional conditions for apples (3) Following the packinghouse by adding provisions for sharing certain imported from areas of China south of inspection, the packinghouse must business information with State and the 33rd parallel are found in paragraph follow a handling procedure for the Tribal government agencies. We have (f) of this section. apples that is mutually agreed upon by decided to withdraw the proposed rule (a) General requirements. APHIS and the NPPO of China. (1) The national plant protection to ensure that our ability to protect (4) The apples must be washed and confidential business information from organization (NPPO) of China must waxed prior to shipment. provide an operational workplan to disclosure is maintained. (5) The apples must be packed in APHIS that details the activities that the DATES: The proposed rule published on cartons that are labeled with the identity NPPO of China will, subject to APHIS’ February 27, 2013 (78 FR 13286–13294) of the place of production and the approval of the workplan, carry out to is withdrawn, as of July 18, 2014. packinghouse. meet the requirements of this section. FOR FURTHER INFORMATION CONTACT: Ms. (2) The apples must be grown at (d) Shipping requirements. Sealed containers of apples destined for export Chessa Huff-Woodard, Biotechnology places of production that are registered Regulatory Services, APHIS, 4700 River with the NPPO of China. to the continental United States must be held in a cold storage facility while Road Unit 146, Riverdale, MD 20737– (3) Apples from China may be 1236; (301) 851–3943. imported in commercial consignments awaiting export. SUPPLEMENTARY INFORMATION: only. (e) Phytosanitary certificate. Each (b) Place of production requirements. consignment of apples imported from Background (1) The place of production must China into the continental United States On February 27, 2013, the Animal and carry out any phytosanitary measures must be accompanied by a Plant Health Inspection Service (APHIS) specified for the place of production phytosanitary certificate issued by the published in the Federal Register a under the operational workplan as NPPO of China with an additional proposal 1 (78 FR 13286–13294, Docket described in the regulations. declaration stating that the requirements (2) When any apples destined for of this section have been met and the No. APHIS–2006–0124) to amend the export to the continental United States consignment has been inspected by the regulations to share certain confidential are still on the tree and are no more than NPPO and found free of quarantine business information (CBI) with State 2 centimeters in diameter, double- pests. and Tribal regulatory officials. APHIS layered paper bags must be placed (f) Additional conditions for apples proposed to share certain CBI contained wholly over the apples. The bags must from areas of China south of the 33rd in permit applications and notifications parallel. In addition to the conditions in remain intact and on the apples until 1 paragraphs (a) through (e) of this To view the proposed rule, supporting the apples arrive at the packinghouse. documents, and the comments we received, go to (3) The NPPO of China must visit and section, apples from areas of China http://www.regulations.gov/#!docketDetail;D= inspect registered places of production south of the 33rd parallel apples must APHIS-2006-0124.

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