22619 Rules and Regulations Federal Register Vol. 80, No. 78 Thursday, April 23, 2015 This section of the FEDERAL REGISTER DATES: Effective May 26, 2015. fly (Bactrocera dorsalis) is known to contains regulatory documents having general FOR FURTHER INFORMATION CONTACT: Mr. exist, we proposed to require treatment applicability and legal effect, most of which David B. Lamb, Senior Regulatory in accordance with 7 CFR 305.2, which are keyed to and codified in the Code of Policy Specialist, RPM, PPQ, APHIS, provides that approved treatment Federal Regulations, which is published under schedules are set out in the Plant 50 titles pursuant to 44 U.S.C. 1510. 4700 River Road Unit 133, Riverdale, MD 20737–1231; (301) 851–2018. Protection and Quarantine (PPQ) The Code of Federal Regulations is sold by SUPPLEMENTARY INFORMATION: Treatment Manual, found online at the Superintendent of Documents. Prices of http://www.aphis.usda.gov/import_ new books are listed in the first FEDERAL Background export/plants/manuals/ports/ REGISTER issue of each week. The regulations in ‘‘Subpart—Fruits downloads/treatment.pdf. and Vegetables’’ (7 CFR 319.56–1 We note that we are changing the through 319.56–71, referred to below as bagging protocol from that which was DEPARTMENT OF AGRICULTURE the regulations) prohibit or restrict the set out in the proposed rule. The importation of fruits and vegetables into proposed systems approach would have Animal and Plant Health Inspection the United States from certain parts of required that bags remain on the fruit Service the world to prevent the introduction until its arrival at the packinghouse. In and dissemination of plant pests that are the final rule, we are requiring that the 7 CFR Part 319 new to or not widely distributed within bags stay on until at least 14 days prior [Docket No. APHIS–2014–0003] the United States. to harvest instead of remaining on the The national plant protection fruit until it reaches the packinghouse. RIN 0579–AD89 organization (NPPO) of China has Though we modeled the systems requested that the Animal and Plant Importation of Apples From China approach on a similar systems approach Health Inspection Service (APHIS) for the importation of pears from China, AGENCY: Animal and Plant Health amend the regulations to allow apples bag removal at this stage is a necessary Inspection Service, USDA. (Malus pumila) from China to be practice among apple growers in imported into the continental United ACTION: Final rule. countries where bagging protocols are States. employed as apples must be exposed to SUMMARY: We are amending the fruits In response to that request, we sunlight so that they may color up prior and vegetables regulations to allow the prepared a pest risk assessment (PRA) to harvest. Pears do not require similar importation of fresh apples (Malus and a risk management document treatment in order to achieve their pumila) from China into the continental (RMD). Based on the conclusions of the coloration. United States. As a condition of entry, PRA and the RMD, on July 18, 2014, we Bagging is an important mitigation; apples from areas in China in which the published in the Federal Register (79 however, we believe that removing the Oriental fruit fly (Bactrocera dorsalis) is FR 41930–41934, Docket No. APHIS– bags for the last 14 days before harvest 1 not known to exist will have to be 2014–0003) a proposal to amend the is unlikely to significantly increase the produced in accordance with a systems regulations to authorize the importation risk because bagging is only one approach that includes requirements for of fresh apples into the continental mitigation out of a number that are part registration of places of production and United States, provided that the apples of a systems approach. packinghouses, inspection for were produced in accordance with a Apples produced south of the 33rd quarantine pests at set intervals by the systems approach consisting of the parallel will require an APHIS-approved national plant protection organization of following requirements: Production by a treatment for Oriental fruit fly. China, bagging of fruit, safeguarding, grower who is part of a certification Specifically, this is fumigation plus labeling, and importation in commercial program administered by the NPPO of refrigeration. This treatment will consignments. Apples from areas in China; fruit bagging; pre-harvest NPPO effectively mitigate any pests that might China in which Oriental fruit fly is inspection; packing in packinghouses be present on the fruit after the removal known to exist may be imported into the that are registered with the NPPO; of the bags. continental United States if, in addition packinghouse procedures including Most, if not all, of the apple to these requirements, the apples are traceback and box marking; post-harvest production areas in China are north of treated with fumigation plus washing; waxing; treatment with the 33rd parallel. All of the Lepidoptera refrigeration. All apples from China will inspection after packing for quarantine and Coleoptera listed in the PRA as also be required to be accompanied by pests; issuance of a phytosanitary following the pathway of fresh apples a phytosanitary certificate with an certificate; importation in commercial from China were assigned a medium additional declaration stating that all consignments only; sealed boxes; and risk of doing so. These pests are conditions for the importation of the location of apples in a cold storage mitigated by a number of other factors apples have been met and that the facility while awaiting export to the apart from bagging, including consignment of apples has been continental United States. For apples commercial production only, culling at inspected and found free of quarantine from those areas of China south of the the packinghouse, and the required pests. This action allows for the 33rd parallel, where the Oriental fruit inspection by the NPPO of China. importation of apples from China into APHIS does not expect this change to 1 To view the proposed rule, its supporting the continental United States while documents, or the comments that we received, go significantly increase the risk of pests continuing to provide protection against to http://www.regulations.gov/ from China apples. Growers will still be the introduction of quarantine pests. #!docketDetail;D=APHIS-2014-0003. responsible for maintaining low pest VerDate Sep<11>2014 15:11 Apr 22, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.SGM 23APR1 rljohnson on DSK7TPTVN1PROD with RULES 22620 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations populations of target quarantine pests, after blossom drop and fruit set, the fruit necessary, APHIS can suspend with oversight by the NPPO of China will be protected by bags. production sites with pest interceptions and APHIS. These measures and others, The Euzophera spp. may also attack until pest populations are mitigated. including removing fallen fruit, will the bark of the trees as well as fruit. We are also adding two post-harvest maintain low pest populations in the These pests build up in unmanaged and treatment requirements to those listed in production sites. The required culling backyard fruit trees. Well-managed the proposed rule. The RMD that will also remove pests from the production sites will rarely have accompanied the proposed rule required pathway. The biometric sampling rate infestations. apples to undergo washing and waxing. can be increased, if necessary, in order Leucoptera malifoliella, the pear leaf This procedure was included because to look for pests that may be present in blister moth, is a leaf mining species washing removes hitchhiking, casual, that is only found on the fruit if leaves smaller numbers in consignments, thus and surface pests associated with are attached to the fruit. Leaves and heightening the level of phytosanitary smooth-skinned fruit such as apples, other plant parts are prohibited, so the security. In addition, the bags will be and waxing also serves to eliminate risk of importing this pest with the fruit removed for 2 weeks in the fall, when many surface pests including is minimal. This pest is an external temperatures are rapidly declining Homoptera and mites. Washing and miner; any leaves or mines should be leading to winter and insects are prone waxing may also remove external spores readily detected and culled or found to reduced activity leading to dormancy. of plant pathogens. Some of the pests of concern during inspection. primarily attack the fruit early in the The eight species of Tortricidae, The two treatments we are adding in season when the fruit is at a small stage. (Adoxophyes orana, Archips this final rule are fruit brushing and For example, the Rhynchites spp. adult micaceana, Argyrotaenia ljungiana, spraying with compressed air. Fruit weevils attack small, newly formed fruit Cydia funebrana, Ulodemis trigrapha, brushing will be required as an in the spring and early summer and the Grapholita inopinata, Spilonota additional packinghouse treatment eggs are laid in those fruit often causing albicana, and Spilonota prognathana) requirement, while spraying with fruit drop. The larvae develop in 3 or 4 are leaf rollers. They typically lay eggs compressed air will be an alternative to weeks after the eggs are laid and the on leaves and roll them up and feed on waxing. Brushing adds another level of larvae emerge from the fruit and pupate leaf tissue. When fruit are adjacent to phytosanitary protection against surface in the soil. There is only one generation leaves, the larvae may attack the fruit, pests and external spores and spraying per year. Infested fruit are misshapen usually leaving external feeding damage with compressed air serves the same with feeding damage and can easily be and sometimes boring into the fruit purpose as waxing in removing identified and culled.