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SUMMARY: The final rule entitled the continental United States. As a ensure the safe importation into the Supplemental Nutrition Assistance condition of entry, the fruit will have to continental United States of fresh Program: Review of Major Changes in be produced in accordance with a Andean blackberry and raspberry fruit Program Design and Management systems approach that includes from Ecuador. Evaluation Systems was published on requirements for importation in In the proposed rule, we noted that January 19, 2016. The Office of commercial consignments from a pest the PRA rated three plant pests as Management and Budget (OMB) cleared free production site within a certified having a high pest risk potential for the associated information collection low pest prevalence area for fruit flies, following the pathway of fresh Andean requirements (ICR) on March 10, 2016. and pest monitoring and trapping. The blackberry and raspberry fruit from This document announces approval of fruit will also have to be accompanied Ecuador into the continental United the ICR. by a phytosanitary certificate issued by States: Anastrepha fraterculus (South DATES: The ICR associated with the final the national plant protection American fruit fly), Ceratitis capitata rule published in the Federal Register organization of Ecuador bearing an (Mediterranean fruit fly, or Medfly), and on January 19, 2016, at 81 FR 2725, was additional declaration stating that the Copitarsia decolora, a moth. approved by OMB on March 10, 2016. consignment was produced and We determined in the PRA that prepared for export in accordance with FOR FURTHER INFORMATION CONTACT: measures beyond standard port of the requirements of the systems Mary Rose Conroy, Chief, Program arrival inspection will adequately approach. This action will allow for the Design Branch, Program Development mitigate the risks posed by these plant importation of fresh Andean blackberry Division, Food and Nutrition Service, pests and proposed a systems approach and raspberry fruit from Ecuador while USDA, 3101 Park Center Drive, that includes requirements for continuing to provide protection against Alexandria, Virginia 22302, (703) 305– importation in commercial the introduction of quarantine pests into consignments from a pest free 2803, or SNAPMajorChange@ the continental United States. fns.usda.gov. production site within a certified low DATES: Effective May 9, 2016. pest prevalence area for fruit flies, pest SUPPLEMENTARY INFORMATION: The final FOR FURTHER INFORMATION CONTACT: Ms. monitoring, and pest trapping. We also rule entitled Supplemental Nutrition Claudia Ferguson, M.S., Senior proposed that the fruit be imported in Assistance Program: Review of Major Regulatory Policy Specialist, Regulatory commercial consignments only and Changes in Program Design and Coordination and Compliance, Imports, accompanied by a phytosanitary Management Evaluation Systems was Regulations and Manuals, PPQ, APHIS, certificate issued by the national plant published on January 19, 2016. The (301) 851–2352; email: protection organization (NPPO) of Office of Management and Budget [email protected]. Ecuador stating that the consignment (OMB) cleared the associated SUPPLEMENTARY INFORMATION: was produced and prepared for export information collection requirements in accordance with the systems (ICR) on March 10, 2016. This document Background approach. announces approval of the ICR. The ICR Under the regulations in ‘‘Subpart- We solicited comments concerning for this rule approved the creation of a Fruits and Vegetables’’ (7 CFR 319.56– our proposal for 60 days ending June 23, new information collection, which has 1 through 319.56–74, referred to below 2015. We received five comments been assigned the OMB Control Number as the regulations), the Animal and during the comment period from 0584–0579. Plant Health Inspection Service (APHIS) members of the public and an employee Dated: March 31, 2016. of the U.S. Department of Agriculture of a foreign NPPO. The comments are Audrey Rowe, prohibits or restricts the importation of discussed below. fruits and vegetables into the United Administrator, Food and Nutrition Service. General Comments [FR Doc. 2016–08031 Filed 4–7–16; 8:45 am] States from certain parts of the world to prevent plant pests from being BILLING CODE 3410–30–P Two commenters stated that the introduced into and spread within the importation of fresh Andean blackberry United States. and raspberry fruit into the continental DEPARTMENT OF AGRICULTURE On April 24, 2015, we published in United States should not be allowed due the Federal Register (80 FR 22927– to the associated plant pest risk. One of Animal and Plant Health Inspection 22930, Docket No. APHIS–2014–0085) a these commenters added that Service proposal 1 to amend the regulations to production of blackberry and raspberry allow importation of Andean blackberry fruit in the United States, along with 7 CFR Part 319 (Rubus glaucus Benth) and raspberry existing import agreements with other (Rubus idaeus Linnaeus) fruit into the [Docket No. APHIS–2014–0085] countries, renders importation of continental United States from Ecuador Andean blackberry and raspberry fruit RIN 0579–AE04 subject to a systems approach. We also from Ecuador unnecessary. prepared a pest risk assessment (PRA) We are making no changes in Importation of Fresh Andean and a risk management document response to these comments. Under the Blackberry and Raspberry Fruit From (RMD). The PRA evaluates the risks Plant Protection Act (7 U.S.C. 7701 et Ecuador Into the Continental United associated with the importation of fresh seq.), we have the authority to prohibit States Andean blackberry and raspberry fruit or restrict the importation of plants and from Ecuador into the continental AGENCY: Animal and Plant Health plant products only when necessary to United States. The RMD draws upon the Inspection Service, USDA. prevent the introduction into, or findings of the PRA to determine the ACTION: Final rule. dissemination of plant pests or noxious phytosanitary measures necessary to weeds within, the United States. We SUMMARY: We are amending the fruits have determined that fresh Andean 1 To view the proposed rule, supporting and vegetables regulations to allow the documents, and the comments we received, go to blackberry and raspberry fruit from importation of fresh Andean blackberry http://www.regulations.gov/ Ecuador may be safely imported into the and raspberry fruit from Ecuador into #!docketDetail;D=APHIS-2014-0085. continental United States under the

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conditions we are adding to the pest. Furthermore, we added to the Comparing the volume level of these regulations. proposed rule the requirement that if a imports with the proposed maximum single Anastrepha fraterculus, Medfly, level of imports from Ecuador, the Mitigations for Medfly or Copitarsia decolora is detected in a Ecuadorian import share would be less One commenter stated that while the consignment, the consignment may not than 0.4 percent of the U.S. import share PRA lists Medfly as having a high pest be exported to the United States. for these fruits. risk potential for following the pathway The same commenter asked what of Andean blackberries and raspberries Production Site Requirements costs APHIS will incur in monitoring imported into the continental United One commenter stated that requiring and auditing Ecuador’s implementation States from Ecuador, the production site the production sites of Andean of the systems approach. requirements we propose do not require blackberry and raspberry fruit to be free APHIS conducts monitoring of mitigation for Medfly beyond standard of Anastrepha fraterculus within an area production areas and trapping practices, commercial production and inspection. of low prevalence is excessive. The audits of trap records, and other tasks The commenter requested that we commenter stated that the production necessary to ensure that the NPPO of include an additional mitigation sites are over 2,800 meters in altitude Ecuador is implementing the systems measure for Medfly and that we with an average temperature of 13 °C, approach. The costs of conducting these gradually reduce the requirements to resulting in conditions too adverse for tasks are included in the APHIS budget. commercial production and inspection the establishment of Anastrepha The commenter also asked if the costs only. fraterculus. The commenter also stated would be feasible for Ecuadorian Another commenter observed that we that production centers for Andean blackberry and raspberry farmers and currently do not require mitigations for blackberries and raspberries are in areas whether the regulation imposes burdens Medfly beyond standard commercial of Ecuador isolated from other fruit crop on these farmers. production and inspection for production. The commenter requested Under Executive Order 12866 and the raspberries imported from other that we remove the requirement that Regulatory Flexibility Act, we are countries with this pest, including production sites for Andean required to analyze the potential Colombia, Costa Rica, El Salvador, blackberries and raspberries must be regulatory and economic effects of this France, Guatemala, Honduras, within areas of low prevalence. action on small entities within the Nicaragua, and Panama. The commenter We agree with the commenter that United States. We therefore have not asked why no additional mitigations given the low temperature and high researched the economic effects of this exist to prevent Medfly from following altitude, the areas in Ecuador in which action on Ecuadorian blackberry and the pathway of raspberries imported blackberry and raspberry production raspberry farmers. into the continental United States from sites are located are generally Therefore, for the reasons given in the these countries and from Ecuador. The inhospitable to the establishment of proposed rule, we are adopting the commenter stated that raspberries from Anastrepha fraterculus. However, proposed rule as a final rule, without all production sites in these countries within Ecuador there is frequent change. should be inspected and undergo commercial and consumer transport of additional mitigation if they have the fruit into these production areas from Executive Order 12866 and Regulatory potential for bringing Medfly to the areas of lower altitude with established Flexibility Act continental United States. populations of Anastrepha fraterculus. This final rule has been determined to We respect the concerns of these Given the risk of Anastrepha fraterculus be not significant for the purposes of commenters regarding the potential moving to production areas via host Executive Order 12866 and, therefore, introduction of Medfly into the fruit, we will retain the requirement for has not been reviewed by the Office of continental United States. However, as trapping at each production site to Management and Budget. we noted in the RMD and the proposed ensure that the sites are free of In accordance with the Regulatory rule, Andean blackberries and Anastrepha fraterculus and remain Flexibility Act, we have analyzed the raspberries have been established in the areas of low pest prevalence. Details of potential economic effects of this action scientific literature as being poor hosts trapping requirements will be included on small entities. The analysis is for both Medfly and Anastrepha in the operational workplan and can be summarized below. Copies of the full fraterculus. We also noted that there has adjusted if necessary based on the analysis are available by contacting the never been an interception of fruit flies frequency of pest interceptions. person listed under FOR FURTHER from the family Tephritidae, which INFORMATION CONTACT or on the includes Medfly as well as Anastrepha Economic Impacts Regulations.gov Web site (see fraterculus, in any commercial One commenter, concerned about ADDRESSES above for instructions for shipments of fresh Andean blackberries potential economic impacts to raspberry accessing Regulations.gov). or raspberries from the countries cited and blackberry growers in the United The final rule will allow importation by the commenter. For these reasons, States resulting from imports of Andean into the continental United States of APHIS considers standard commercial raspberry and blackberry from Ecuador, fresh Andean blackberry (Rubus glaucus production and inspection practices to requested that we provide more data on Benth.) and raspberry (Rubus idaeus L.) be a sufficient mitigation for Medfly in the potential impact to these growers. fruit from Ecuador. We have Andean blackberries and raspberries In the economic analysis information on the total quantity of imported from countries where the pest accompanying this rule, we gathered Andean blackberry and raspberry fruit is present. and analyzed data sufficient to expected to be imported from Ecuador We also noted in the proposed rule determine that this action will not have yearly (less than 180 metric tons (MT)), that a slightly stronger host status a significant economic impact on small but not the amount by species. Also, the potential exists for Anastrepha domestic growers. Between 2008 and Andean blackberry is more closely fraterculus in Andean blackberries and 2012, the United States imported 37.22 comparable to the loganberry (a raspberries, and as a result included a million pounds of fresh raspberries and blackberry-raspberry hybrid) than it is to requirement for field trapping in order between 2011 and 2013 imported 63 the common blackberry (Rubus to maintain low pest prevalence for this million pounds of fresh blackberries. fruticosus). For these reasons, we base

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our analysis on aggregate quantities of publish a document in the Federal the continental United States in Rubus species commercially produced Register providing notice of what action commercial consignments only. by the United States. we plan to take. (b) Production site requirements. (1) The majority of U.S. raspberry and Each production site must carry out the E-Government Act Compliance blackberry farms are in three States— phytosanitary measures specified in the California, Oregon, and Washington. APHIS is committed to compliance APHIS-approved operational workplan. They are classified within the North with the E-Government Act to promote (2) All places of production that American Industry Classification the use of the Internet and other participate in the export program must System under ‘‘Berry except Strawberry information technologies, to provide be approved by and registered with the Farming’’ (NAICS 111334). For this increased opportunities for citizen NPPO of Ecuador. APHIS reserves the industry classification, a business is access to Government information and right to conduct oversight visits in the considered to be a small entity if its services, and for other purposes. For event of pest interceptions or other annual receipts are not more than information pertinent to E-Government problems. $750,000. The average 2012 market Act compliance related to this rule, (3) The NPPO of Ecuador or their value of crops sold by farms in this please contact Ms. Kimberly Hardy, designee must conduct a fruit fly category was less than $135,000. We APHIS’ Information Collection trapping program for the detection of infer that most fresh raspberry and Coordinator, at (301) 851–2727. Anastrepha fraterculus at each blackberry fruit production is by small Lists of Subjects in 7 CFR Part 319 production site in accordance with the entities. operational workplan. If a designee Over the 5-year period 2008–2012, Coffee, Cotton, Fruits, Imports, Logs, conducts the program, the designation U.S. raspberry and blackberry Nursery stock, Plant diseases and pests, must be detailed in the operational production for the fresh market Quarantine, Reporting and workplan. The approved designee can averaged about 96 million pounds and recordkeeping requirements, Rice, be a contracted entity, a coalition of 4 million pounds per year, respectively, Vegetables. growers, or the growers themselves. for a total of about 100 million pounds, Accordingly, we are amending 7 CFR (4) The NPPO of Ecuador must or about 45,372 MT. Expected annual part 319 as follows: maintain records of trap placement, trap imports from Ecuador of less than 180 checks, and any captures of Anastrepha MT will be the equivalent of less than PART 319—FOREIGN QUARANTINE fraterculus. The trapping records must 0.4 percent of U.S. production. NOTICES be maintained for APHIS’ review for at Under these circumstances, the least 1 year. Administrator of the Animal and Plant ■ 1. The authority citation for part 319 (5) The NPPO of Ecuador must Health Inspection Service has continues to read as follows: maintain a quality control program, determined that this action will not Authority: 7 U.S.C. 450, 7701–7772, and approved by APHIS, to monitor or audit have a significant economic impact on 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR the trapping program in accordance a substantial number of small entities. 2.22, 2.80, and 371.3. with the operational workplan. Executive Order 12988 ■ 2. Section 319.56–75 is added to read (c) Packinghouse requirements. (1) This final rule allows fresh Andean as follows: Packinghouses must be registered with blackberry and raspberry fruit to be the NPPO of Ecuador and comply with § 319.56–75. Andean blackberries and the requirements as specified in the imported into the continental United raspberries from Ecuador. States from Ecuador. State and local operational workplan. laws and regulations regarding fresh Andean blackberries (Rubus glaucus (2) While in use for exporting Andean Andean blackberry and raspberry fruit Benth) and raspberries (Rubus idaeus blackberries and raspberries to the imported under this rule will be Linnaeus) may be imported into the continental United States, the preempted while the fruit is in foreign continental United States from Ecuador packinghouses may only accept fruit commerce. Fresh fruits are generally under the conditions described in this from registered production sites. imported for immediate distribution and section and other applicable provisions (3) If a single Anastrepha fraterculus, sale to the consuming public, and of this subpart. These conditions are Ceratitis capitata, or Copitarsia decolora remain in foreign commerce until sold designed to prevent the introduction of is detected by the NPPO in a to the ultimate consumer. The question the following quarantine pests: consignment, the consignment may not of when foreign commerce ceases in Anastrepha fraterculus, Ceratitis be exported to the United States. other cases must be addressed on a case- capitata, and Copitarsia decolora. Furthermore, if a single Anastrepha by-case basis. No retroactive effect will (a) General requirements. (1) The fraterculus or Ceratitis capitata is be given to this rule, and this rule will national plant protection organization detected in a consignment at the port of not require administrative proceedings (NPPO) of Ecuador must provide an entry and traced back to a registered before parties may file suit in court operational workplan to APHIS that production site, that production site challenging this rule. details the systems approach to pest will lose its ability to export Andean mitigations and other specific blackberries and raspberries to the Paperwork Reduction Act requirements that the NPPO of Ecuador continental United States until APHIS In accordance with section 3507(d) of will, subject to APHIS’ approval of the and the NPPO of Ecuador mutually the Paperwork Reduction Act of 1995 workplan, carry out to meet the determine that risk mitigation is (44 U.S.C. 3501 et seq.), the information requirements of this section. achieved. collection or recordkeeping (2) APHIS will be directly involved (d) Phytosanitary certificate. Each requirements included in this final rule, with the NPPO of Ecuador in consignment of Andean blackberries which were filed under 0579–0435, monitoring and auditing and/or raspberries must be accompanied have been submitted for approval to the implementation of the systems by a phytosanitary certificate issued by Office of Management and Budget approach. the NPPO of Ecuador and bear an (OMB). When OMB notifies us of its (3) Andean blackberry and raspberry additional declaration stating that the decision, if approval is denied, we will fruit from Ecuador may be imported into consignment was produced and

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prepared for export in accordance with However, the pest risk analysis we December 15, 2014 amending the energy the requirements of § 319.56–75. prepared for the rule examined the conservation standards for commercial (Approved by the Office of Management and importation of fresh peppers from clothes washers. This final rule Budget under control number 0579–0435) Ecuador to the continental United States correction amends the test procedure only and did not examine the risks provisions for commercial clothes Done in Washington, DC, this 5th day of associated with the fruit entering washers to clarify the applicability of April 2016. Hawaii or the U.S. Territories. the revised test procedures to the Kevin Shea, Therefore, in order for the regulations to amended energy conservation Administrator, Animal and Plant Health be consistent with the scope of the pest standards. The correction also removes Inspection Service. risk analysis, we are amending obsolete regulatory provisions. [FR Doc. 2016–08191 Filed 4–7–16; 8:45 a.m.] § 319.56–74 to limit the importation of DATES: This correction is effective April BILLING CODE 3410–34–P fresh peppers from Ecuador to the 8, 2016. continental United States. FOR FURTHER INFORMATION CONTACT: Lists of Subjects in 7 CFR Part 319 Bryan Berringer, U.S. Department of DEPARTMENT OF AGRICULTURE Energy, Office of Energy Efficiency and Coffee, Cotton, Fruits, Imports, Logs, Renewable Energy, Building Animal and Plant Health Inspection Nursery stock, Plant diseases and pests, Service Technologies Program, EE–5B, 1000 Quarantine, Reporting and Independence Avenue SW., recordkeeping requirements, Rice, 7 CFR Part 319 Washington, DC 20585–0121. Vegetables. Telephone: (202) 586–0371. Email: [Docket No. APHIS–2014–0086] Accordingly, we are amending 7 CFR commercial_clothes_washers@ part 319 as follows: RIN 0579–AE07 ee.doe.gov. Jennifer Tiedeman, U.S. Department PART 319—FOREIGN QUARANTINE of Energy, Office of the General Counsel, Importation of Fresh Peppers From NOTICES Ecuador Into the United States GC–33, 1000 Independence Avenue ■ SW., Washington, DC 20585–0121. AGENCY: Animal and Plant Health 1. The authority citation for part 319 continues to read as follows: Telephone: (202) 287–6111. Email: Inspection Service, USDA. [email protected]. Authority: 7 U.S.C. 450, 7701–7772, and ACTION: Final rule; technical SUPPLEMENTARY INFORMATION: Energy amendment. 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. conservation standards for commercial clothes washers (CCWs) are codified at SUMMARY: In a final rule published in § 319.56–74 [Amended] 10 CFR 431.156. Pursuant to 10 CFR the Federal Register on October 23, 431.154, the test procedures for clothes 2015, and effective on November 23, ■ 2. Section 319.56–74 is amended by washers at 10 CFR part 430, subpart B, 2015, we amended the fruits and adding the word ‘‘continental’’ before appendix J1 must be used to test CCWs vegetables regulations to allow the the words ‘‘United States’’ each time to determine compliance with the importation of fresh peppers into the they occur. current energy conservation standards United States from Ecuador subject to a Done in Washington, DC, this 5th day of codified at 10 CFR 431.156(b). systems approach. However, the scope April 2015. DOE published a final rule on March of the pest risk analysis supporting the Kevin Shea, 7, 2012, establishing a new test rule was limited to the continental Administrator, Animal and Plant Health procedure for clothes washers at 10 CFR United States. Therefore, we are Inspection Service. part 430, subpart B, appendix J2. 77 FR amending the regulations to limit the [FR Doc. 2016–08190 Filed 4–7–16; 8:45 am] 13887. importation of fresh peppers from BILLING CODE 3410–34–P DOE published another final rule on Ecuador to the continental United States December 3, 2014, revising the test only. procedure provisions for CCWs at 10 DATES: Effective April 8, 2016. DEPARTMENT OF ENERGY CFR 431.154 to specify that the test FOR FURTHER INFORMATION CONTACT: Ms. procedures for clothes washers at Claudia Ferguson, M.S., Senior 10 CFR Part 431 appendix J2 must be used to determine Regulatory Policy Specialist, Regulatory [Docket Number EERE–2013–BT–TP–0002] compliance with any amended Coordination and Compliance, Imports, standards for CCWs based on appendix Regulations and Manuals, PPQ, APHIS, RIN 1904–AC93 J2 efficiency metrics published after (301) 851–2352; email: Energy Conservation Program: Test December 3, 2014. 79 FR 71624. DOE then published a final rule on [email protected]. Procedures for Commercial Clothes December 15, 2014, amending the SUPPLEMENTARY INFORMATION: In a final Washers; Correction rule 1 that was published in the Federal energy conservation standards for Register on October 23, 2015 (80 FR AGENCY: Office of Energy Efficiency and CCWs, which are codified at 10 CFR 64307–64309, Docket No. APHIS–2014– Renewable Energy, Department of 431.156(c). 79 FR 74492. These 0086), and effective on November 23, Energy. amended standards are based on 2015, we amended the fruits and ACTION: Final rule; correcting appendix J2 efficiency metrics, and vegetables regulations by adding 7 CFR amendments. compliance with the amended standards 319.56–74 to allow the importation of is required beginning January 1, 2018. SUMMARY: This final rule correction (1) removes fresh peppers from Ecuador into the The Department of Energy obsolete CCW standards listed at 10 CFR United States under a systems approach. (DOE) published a final rule in the Federal Register on December 3, 2014 431.156(a), (2) redesignates paragraphs 1 To view the final rule and supporting revising the test procedure provisions (b) and (c) of 10 CFR 431.156 as documents, go to http://www.regulations.gov/ for commercial clothes washers. DOE paragraphs (a) and (b), and (3) amends #!docketDetail;D=APHIS-2014-0086. published another final rule on the CCW test procedure provisions at 10

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