[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Proposed Rules]
[Pages 11071-11072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5114]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 /
Proposed Rules
[[Page 11071]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2009-0020]
RIN 0579-AD08
Removal of Varietal Restrictions on Apples from Japan
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations that allow the
importation of Fuji variety apples from Japan to allow all varieties of
Malus domestica apples into the United States under the same conditions
as those for Fuji variety apples. We have determined that the risk of
introducing insects and diseases through the pathway of all varieties
of M. domestica fresh apples to be very low under the mitigation
measures presently in place for Fuji apples. This action would allow
all varieties of M. domestica apples from Japan to be imported into the
United States while continuing to protect against the introduction of
quarantine pests.
DATES: We will consider all comments that we receive on or before May
10, 2010.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0020) to submit or view comments
and to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2009-0020, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2009-0020.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at (http://www.aphis.usda.gov).
FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, M.S., Regulatory
Policy Specialist, PPQ, APHIS, 4700 River Road Unit 39, Riverdale, MD
20737-1231; (301) 734-0754.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-50, referred to below as the regulations) prohibit or
restrict the importation of fruits and vegetables into the United
States from certain parts of the world to prevent the introduction and
dissemination of plant pests that are new to or not widely distributed
within the United States.
The regulations in Sec. 319.56-27 allow the importation of Fuji
variety apples from Japan and the Republic of Korea if the apples are
cold treated and then fumigated under the supervision of an Animal and
Plant Health Inspection Service (APHIS) inspector for the peach fruit
moth (Carposina niponensis), the yellow peach moth (Conogethes
punctiferalis), and the fruit tree spider mite (Tetranychus
viennensis), in accordance with 7 CFR part 305. The regulations also
provide that the apples must be inspected upon completion of the cold
treatment and fumigation, prior to export from Japan or the Republic of
Korea, by an APHIS inspector and an inspector from the national plant
protection organization (NPPO) of Japan or the Republic of Korea. The
regulations also require the NPPO of the exporting country to enter
into a trust fund agreement with APHIS in accordance with Sec. 319.56-
6 before APHIS will provide the services necessary for Fuji apples to
be imported into the United States from Japan or the Republic of Korea.
The Japanese NPPO has requested that APHIS amend the regulations in
Sec. 319.56-27 to allow any variety of M. domestica apples to be
imported into the United States under the conditions currently
prescribed for Fuji variety apples. As part of our evaluation of
Japan's request, we prepared a commodity import evaluation document
(CIED, February 2009). The CIED documents our review of the data
collected from 1994 to 2008 regarding pest interceptions of Fuji apples
from Japan and our evaluation of any additional potential risks that
might be associated with the importation of all varieties of M.
domestica apples into the United States from Japan based on the
collected data. Copies of the CIED may be obtained from the person
listed under FOR FURTHER INFORMATION CONTACT. The CIED may also be
viewed on the Internet on the Regulations.gov Web site or in our
reading room (see ADDRESSES above for a link to Regulations.gov and
information on the location and hours of the reading room).
As noted in the CIED, no pests of concern have been reported from
the preclearance program in Japan, and no quarantine pests on
commercial cargo of Fuji apples have been intercepted, reported, or
identified at U.S. ports of entry from 1994 to 2008. Treatment of the
apples and inspection of packed fruit prior to export from Japan by an
APHIS inspector and an inspector from the Japanese NPPO during
preclearance program activities both reduce the probability that pests
will follow the pathway of fresh apples.
APHIS considers it highly unlikely that any other varieties of M.
domestica apples would have a significantly different pest host status
than Fuji variety apples given that the varieties are of the same
species. The treatment and inspection required by the regulations have
been effective in mitigating the pest risks at origin for Fuji variety
apples. Consequently, APHIS has concluded that the risk of introducing
insects and diseases through the pathway of all varieties of M.
domestica fresh apples to be very low under the mitigation measures
presently in place for Fuji apples.
Based on the evidence presented in the CIED, we have determined
that the measures currently in place for Fuji
[[Page 11072]]
apples are effective and appropriate to manage pest risks associated
with all varieties of M. domestica apples from Japan. Therefore, we
propose to amend the regulations to allow the entry of all varieties of
M. domestica apples from approved areas in Japan to the United States
under the provisions of Sec. 319.56-27.
Specifically, we would revise the introductory text of Sec.
319.56-27 to indicate that any variety of M. domestica apples may be
imported from Japan under the conditions in Sec. 319.56-27. We would
also remove specific references to Fuji variety apples in the section
heading and the regulatory text and instead refer generally to apples.
We would also revise the term ``national plant protection agency'' to
read ``national plant protection organization,'' to make the
regulations consistent with the International Glossary of Phytosanitary
Terms (International Standards for Phytosanitary Measures No. 5).\1\
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\1\ To view the glossary on the Internet, go to (http://www.ippc.int/IPP/En/default.jsp) and click on the ``Adopted ISPMs''
link under the ``Standards (ISPMs)'' heading.
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Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866 and, therefore, has not been
reviewed by the Office of Management and Budget.
For this proposed rule we have prepared an economic analysis. The
economic analysis supports our conclusion that allowing imports of all
varieties of M. domestica apples from Japan into the United States
would have minimal economic impact on U.S. entities, large or small.
Although the Fuji apple is the most common variety grown in Japan, it
constituted only 0.1 percent of U.S. apple imports in 2008. Allowing
entry of other M. domestica varieties is expected to change the
quantity of apple imports from Japan only minimally. The wide price
differential between apples grown in Japan and in the United States
suggests that apples imported from Japan are not a close substitute for
the principal U.S.-grown apple varieties. Under these circumstances,
the Administrator of the Animal and Plant Health Inspection Service has
determined that this action would not have a significant economic
impact on a substantial number of small entities.
The full economic analysis may be viewed on the Regulations.gov Web
site or in our reading room. (Instructions for accessing
Regulations.gov and information on the location and hours of the
reading room are provided under the heading ADDRESSES at the beginning
of this proposed rule.) In addition, copies may be obtained by calling
or writing to the individual listed under FOR FURTHER INFORMATION
CONTACT.
Executive Order 12988
This proposed rule would allow all varieties of M. domestica apples
to be imported into the United States from Japan. If this proposed rule
is adopted, State and local laws and regulations regarding all
varieties of M. domestica apples imported under this rule would be
preempted while the fruit is in foreign commerce. Fresh fruits are
generally imported for immediate distribution and sale to the consuming
public and would remain in foreign commerce until sold to the ultimate
consumer. The question of when foreign commerce ceases in other cases
must be addressed on a case-by-case basis. If this proposed rule is
adopted, no retroactive effect will be given to this rule, and this
rule will not require administrative proceedings before parties may
file suit in court challenging this rule.
Paperwork Reduction Act
This proposed rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we propose to amend 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 continues to read as
follows:
Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136
and 136a; 7 CFR 2.22, 2.80, and 371.3.
2. Section 319.56-27 is amended as follows:
a. By revising the section heading and the introductory text to
read as set forth below.
b. In paragraphs (b) and (c), by removing the words ``Fuji
variety'' each time they occur.
c. In paragraphs (b) and (c), by removing the word ``agency'' each
time it occurs and adding the word ``organization'' in its place.
Sec. 319.56-27 Apples from Japan and the Republic of Korea.
Any variety of Malus domestica apples may be imported into the
United States from Japan, and Fuji variety apples may be imported into
the United States from the Republic of Korea, only in accordance with
this section and all other applicable provisions of this subpart.
* * * * *
Done in Washington, DC, this 4\th\ day of March 2010.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-5114 Filed 3-9-10: 12:46 pm]
BILLING CODE 3410-34-S