[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Proposed Rules]
[Pages 6227-6232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02021]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2011-0132]
RIN 0579-AD62


Importation of Fresh Apricots From Continental Spain

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the fruits and vegetables 
regulations to allow the importation into the United States of fresh 
apricots from continental Spain. As a condition of entry, fresh 
apricots from continental Spain would have to be produced in accordance 
with a systems approach that would include registration of production 
locations and packinghouses, pest monitoring, sanitary practices, 
chemical and biological controls, and phytosanitary treatment. The 
fruit would also have to be imported in commercial consignments, with 
each consignment identified throughout its movement from place of 
production to port of entry in the United States. Consignments would 
have to be accompanied by a phytosanitary certificate issued by the 
national plant protection organization of Spain certifying that the 
fruit is free from all quarantine pests and has been produced in 
accordance with the systems approach. This proposed rule would allow 
for the importation of fresh apricots from continental Spain into the 
United States while continuing to provide protection against the 
introduction of quarantine pests.

DATES: We will consider all comments that we receive on or before April 
1, 2013.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0132-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2011-0132, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2011-
0132 or in our reading room, which 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) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Ms. Meredith C. Jones, Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
PPQ, APHIS, 4700 River Road Unit 156, Riverdale, MD 20737-1231; (301) 
851-2018.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-57, 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.
    Currently, the regulations prohibit imports of fresh apricot fruit 
(Prunus armeniaca Marshall) from continental Spain (excluding the 
Balearic Islands and Canary Islands) due to the fruit serving as a 
likely pathway for four quarantine pests. The Animal and Plant Health 
Inspection Service (APHIS) received a request from the national plant 
protection organization (NPPO) of Spain to allow fresh apricots from 
continental Spain to be imported into the United States subject to a 
systems approach. As part of our evaluation of Spain's request, we 
prepared a pest risk assessment (PRA) and a risk management document 
(RMD). Copies of the PRA and the RMD may be obtained from the person 
listed under FOR FURTHER INFORMATION CONTACT or viewed on the 
Regulations.gov Web site (see ADDRESSES above for instructions for 
accessing Regulations.gov).
    The PRA, titled ``Importation of Fresh Apricot, Prunus armeniaca 
(L.) fruit, from Continental Spain into the United States, including 
Hawaii and U.S. Territories'' (March 2010), evaluates the risks 
associated with the importation of fresh apricot fruit into the United 
States from continental Spain. The RMD draws upon the findings of the 
PRA to determine the phytosanitary measures necessary to ensure the 
safe importation into the United States of apricots from continental 
Spain.
    The PRA identifies four quarantine pests that could follow the 
pathway of consignments of fresh apricots imported from continental 
Spain into the United States:
     The Mediterranean fruit fly (Medfly), Ceratitis capitata 
Wiedemann,
     The plum fruit moth, Cydia funebrana (Treitschke),
     Leaf scorch, Apiognomonia erythrostoma (Pers.), a fungus, 
and
     Brown rot, Monilinia fructigena Honey, a fungus.
    A quarantine pest is defined in Sec.  319.56-2 as a pest of 
potential economic importance to the area endangered thereby and not 
yet present there, or present but not widely distributed and being 
officially controlled. Plant pest risk potentials associated with the 
importation of fresh

[[Page 6228]]

apricots from continental Spain into the United States were derived by 
estimating the consequences and likelihood of introduction of each 
quarantine pest into the United States and ranking the risk potential 
as High, Medium, or Low. The PRA determined that three of these four 
quarantine pests--brown rot, Medfly, and plum fruit moth--pose a high 
risk of following the pathway of fresh apricots from continental Spain 
into the United States and having negative effects on U.S. agriculture. 
Leaf scorch was rated as having a medium risk potential.
    Based on the conclusions of the PRA and RMD, we are proposing to 
allow the importation of fresh apricots from continental Spain \1\ into 
the United States subject to a systems approach. Under a systems 
approach, a set of phytosanitary conditions, at least two of which have 
an independent effect in mitigating the pest risk associated with the 
movement of commodities, is specified, whereby fruits and vegetables 
may be imported into the United States from countries that are not free 
of certain plant pests.
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    \1\ Imports of fresh apricots from the Balearic Islands and 
Canary Islands would continue to be prohibited.
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    We are proposing to add the systems approach for apricots from 
continental Spain to the regulations in a new Sec.  319.56-58. The 
specific mitigation measures required in the systems approach for each 
quarantine pest are discussed below, as well as in the risk management 
document.

General Requirements

    General requirements for importing apricots from continental Spain 
into the United States would be listed in proposed Sec.  319.56-58(a). 
The NPPO of Spain would be required to provide a bilateral workplan to 
APHIS that details the activities of the systems approach, including 
inspections, monitoring, trapping, and surveying, that the NPPO of 
Spain will carry out to meet the proposed requirements. APHIS would 
have to approve the workplan and would be directly involved with the 
NPPO of Spain in monitoring and auditing the systems approach 
implementation. A bilateral workplan is an agreement between APHIS' 
Plant Protection and Quarantine program, officials of the NPPO of a 
foreign government, and, when necessary, foreign commercial entities, 
that specifies in detail the phytosanitary measures that will comply 
with our regulations governing the import or export of a specific 
commodity. Bilateral workplans apply only to the signatory parties and 
establish detailed procedures and guidance for the day-to-day 
operations of specific import/export programs. Bilateral workplans also 
establish how specific phytosanitary issues are dealt with in the 
exporting country and make clear who is responsible for dealing with 
those issues. The implementation of a systems approach typically 
requires a bilateral workplan to be developed. The NPPO of Spain would 
also be required to enter into a trust fund agreement with APHIS in 
accordance with Sec.  319.56-6 to cover our monitoring and auditing 
costs.
    All places of production and packinghouses in continental Spain 
that participate in the program to export apricots to the United States 
must be registered with and approved by the NPPO of Spain and meet the 
requirements of proposed Sec.  319.56-58. The place of production where 
the apricots were grown would have to be identifiable when the fruit 
leaves the grove, at the packinghouse where the fruit is packed, and 
throughout the export process. Boxes containing apricot fruit would 
have to be marked with the identity and origin of the fruit. 
Safeguarding in accordance with the regulations in proposed Sec.  
319.56-58(h) would have to be maintained at all times during the 
movement of the apricot fruit to the United States and remain intact 
upon arrival in the United States.

Commercial Consignments

    The regulations in proposed Sec.  319.56-58(b) would require that 
fresh apricots from continental Spain would be allowed to be imported 
into the United States in commercial consignments only. Commercial 
consignments, as defined in Sec.  319.56-2, are consignments that an 
inspector identifies as having been imported for sale and distribution. 
Produce grown commercially is less likely to be infested with plant 
pests than noncommercial consignments. Noncommercial consignments are 
more prone to infestations because the commodity is often ripe to 
overripe, could be of a variety with unknown susceptibility to pests, 
and is often grown with little or no pest control.

Monitoring and Oversight

    Under proposed Sec.  319.56-58(c), if APHIS approved the workplan, 
the NPPO of Spain would have to begin conducting inspections and 
monitoring places of production and packinghouse operations to verify 
that they comply with the requirements of proposed Sec.  319.56-58. The 
NPPO of Spain would be required to visit and inspect the places of 
production monthly, starting 2 months (60 days) before harvest and 
continuing until the end of the shipping season, to verify that growers 
are complying with the requirements of proposed Sec.  319.56-58 and 
following pest control guidelines, when necessary, to reduce quarantine 
pest populations. The NPPO would also have to monitor packinghouses to 
verify that the packinghouses are complying with proposed Sec.  319.56-
58. Under paragraph (c)(3) of proposed Sec.  319.56-58, if the NPPO of 
Spain were to find that a place of production or a packinghouse did not 
comply with the regulations in proposed Sec.  319.56-58, fruit from 
that place of production or packinghouse would not be eligible for 
export to the United States until APHIS and the NPPO of Spain conducted 
an investigation and implemented appropriate remedial actions.
    Any personnel conducting trapping and pest surveys required by the 
systems approach would have to be hired, trained, and supervised by the 
NPPO of Spain. The NPPO would have to certify that exporting places of 
production have fruit fly and moth trapping programs and follow control 
guidelines, when necessary, to reduce regulated pest populations. APHIS 
would monitor and inspect the places of production as necessary.
    Proposed Sec.  319.56-58(c)(4) would also require that the NPPO of 
Spain retain all forms and documents related to export program 
activities in places of production and packinghouses for at least 1 
year and, upon request, provide them to APHIS for review.

Grove Sanitation

    Proposed Sec.  319.56-58(d) would require all fruit that has fallen 
from the trees of each place of production to be removed from the grove 
and destroyed weekly. This procedure would reduce the amount of 
material in the groves that could serve as potential host material for 
insect pests.

Mitigations for Specific Quarantine Pests

Fungi

    During the growing season, the NPPO of Spain would be required in 
accordance with proposed Sec.  319.56-58(e) to conduct inspections at 
intervals specified in the workplan in places of production for signs 
of the fungi A. erythrostoma and M. fructigena until harvest is 
completed. Infected leaves would have to be removed from places of 
production to reduce the inoculum potential. Upon detection of either 
A. erythrostoma or M. fructigena, the NPPO of Spain would be required 
to

[[Page 6229]]

notify APHIS, which may prohibit the importation into the United States 
of apricots from the production site for the season.

Mitigations for C. funebrana

    Under proposed Sec.  319.56-58(f), APHIS would require the NPPO of 
Spain to use one of the following two mitigation measures to address 
the risk potential posed by C. funebrana:
    Pest-Free Area: Under this mitigation measure, apricots would have 
to originate from an area designated as free of C. funebrana in 
accordance with Sec.  319.56-5 for the establishment of pest-free 
areas. Paragraph (a) of Sec.  319.56-5 states that determinations of 
pest-free areas be made in accordance with International Standards for 
Phytosanitary Measures (ISPM) No. 4, which is incorporated by reference 
in Sec.  300.5. ISPM No. 4 sets out three main criteria for recognition 
of a pest-free area:
     Systems to establish freedom;
     Phytosanitary measures to maintain freedom; and
     Checks to verify freedom has been maintained.
    Paragraph (b) of Sec.  319.56-5 requires that APHIS approve the 
survey protocol used to determine and maintain pest-free status, as 
well as protocols for actions to be taken upon detection of a pest. It 
also indicates that pest-free areas are subject to audit by APHIS to 
verify their status.
    Area of Low Pest Prevalence and Pest Management: Under this 
mitigation measure, each registered place of production would have to 
be visited and inspected by the NPPO of Spain for signs of C. funebrana 
and pheromone trapping for C. funebrana would have to be conducted. The 
purpose of the inspection and trapping is to demonstrate that the 
places of production have a low prevalence of C. funebrana.
    Specific inspection and trapping requirements would be included in 
the bilateral workplan and would be adjusted as necessary to ensure 
that inspection and trapping are effective. Consistent with the 
recommendations of the RMD, the bilateral workplan would initially 
require samples of 20 fruits per tree from 50 trees within every 4 
hectares to be visually inspected by the NPPO of Spain every 7 days 
during the growing season. During the harvest period, samples of 40 
fruits per tree from 50 trees within every 4 hectares would have to be 
visually inspected by the NPPO of Spain every 7 days until harvest is 
completed. The NPPO of Spain would also have to sample and inspect a 
quantity of fruit specified in the workplan. In addition, the bilateral 
workplan would initially require places of production to be trapped for 
C. funebrana with APHIS-approved pheromone traps at a density of 2 
traps per 4 hectares, with a minimum of 2 traps per place of 
production. Traps would have to be checked every 7 days from fruit 
formation until completion of harvest. If the trap counts are greater 
than 10 moths per trap per week, or more than 1 percent of the fruits 
sampled in a week are damaged or found to have any life stage of C. 
funebrana, remedial measures would have to be implemented. The NPPO of 
Spain would have to keep records of the placement of traps, trap 
visits, trap counts, and treatments for each registered place of 
production.

Mitigations for Medfly

    Under proposed Sec.  319.56-58(g), the places of production would 
be required to be trapped for Medfly to demonstrate that there is a low 
prevalence of Medfly in those places of production. Similar to C. 
funebrana, specific trapping requirements for Medfly would be included 
in the bilateral workplan and would be adjusted as necessary to ensure 
that trapping is effective. Consistent with the recommendations of the 
RMD, the bilateral workplan would initially require trapping with 1 
APHIS-approved trap per 12 hectares, with a minimum of 1 trap per place 
of production, beginning May 1 of each year and remaining in place and 
in service until harvesting is completed. Any time that trap counts are 
greater than 0.5 flies per trap per day, remedial measures would need 
to be implemented and approved by APHIS and the NPPO of Spain. The NPPO 
of Spain would have to keep records of the placement of traps, trap 
visits, trap counts, and treatments for each registered place of 
production.
    All fresh apricots for export from continental Spain to the United 
States would have to undergo a cold treatment for Medfly in accordance 
with the requirements for conducting phytosanitary treatment in 7 CFR 
part 305.
    We are proposing to require two phytosanitary mitigation measures 
for Medfly because high larval populations of Medfly in fruit can 
overwhelm the effectiveness of cold treatment. The trapping and field 
mitigation measures for Medfly would maintain populations at acceptably 
low prevalence levels and ensure that cold treatment is effective.

Post-Harvest Procedures and Packinghouse Requirements

    Specific post-harvest and packinghouse requirements, listed in 
paragraphs (h) and (i) of proposed Sec.  319.56-58, are intended to 
prevent insect infestation of harvested fruit during processing, 
packing, and shipment. Apricots would have to be safeguarded by a pest-
proof screen, plastic tarpaulin, or some other pest-proof barrier while 
in transit to the packinghouse and while awaiting packing. They would 
have to be packed and sealed within 24 hours of harvest into pest-proof 
cartons or containers or covered with pest-proof mesh or a plastic 
tarpaulin for transport to the United States. These safeguards would be 
required to remain intact until arrival of the consignment in the 
United States.
    Packing of apricots for export to the United States would have to 
be conducted within a packinghouse registered and approved by the NPPO 
of Spain. Packinghouses in which apricots are packed for export to the 
United States would have to be able to exclude quarantine pests. All 
openings to the outside of the packinghouse would have to be covered by 
screening with openings of not more than 1.6 mm or by some other 
barrier that prevents pests from entering. The 1.6 mm maximum screening 
size is adequate to exclude the insect pests of quarantine significance 
named earlier in this document. The packinghouse would have to be 
equipped with double self-closing doors at the entrance to the 
packinghouse and at the interior entrance to the area where fruit is 
packed to prevent inadvertent introduction of pests into the 
packinghouse. During the time the packinghouse is used to pack and 
export apricot fruit to the United States, the packinghouse may only 
accept fruit from places of production registered and approved by the 
NPPO of Spain.

Phytosanitary Inspection

    Under proposed Sec.  319.56-58(j), a biometric sample of apricots, 
jointly agreed upon by APHIS and the NPPO of Spain, would be required 
to be inspected in Spain by the NPPO following post-harvest processing. 
The sample would have to be visually inspected for the quarantine pests 
A. erythrostoma, C. funebrana, and M. fructigena, and a portion of the 
fruit would be cut open to inspect for the internal pest C. capitata. 
If any of these quarantine pests are found, the entire consignment of 
apricots would be prohibited from import into the United States.

[[Page 6230]]

    Fruit presented for inspection at a U.S. port of entry would have 
to be identified in the shipping documents accompanying each 
consignment of fruit that specify the place of production in which the 
fruit was produced and the packinghouse in which the fruit was 
processed. This identification would have to be maintained with the 
consignment until the fruit is released for entry into the United 
States.

Phytosanitary Certificate

    Under proposed Sec.  319.56-58(k), each consignment of apricot 
fruit would have to be accompanied by a phytosanitary certificate 
issued by the NPPO of Spain that states that the fruit has been treated 
for C. capitata in accordance with 7 CFR part 305 and includes an 
additional declaration stating that the fruit in the consignment was 
inspected and found free from A. erythrostoma, C. capitata, C. 
funebrana, and M. fructigena.

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.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov).
    This proposed rule would allow the importation into the United 
States of fresh apricots from continental Spain, subject to a systems 
approach.
    The economic analysis examines impacts for U.S. small entities of a 
rule that would allow fresh apricot imports from continental Spain. 
Spain is expected to export at most 10 standard shipping containers of 
fresh apricot per year to the United States. Each container can hold 
approximately 18 metric tons (MT), thus fresh apricot imports from 
Spain may total as much as 180 MT annually. This amount is equivalent 
to about 1 percent of current U.S. consumption. With U.S. fresh apricot 
exports four times the quantity imported, and the amount expected to be 
imported from Spain very small in comparison to current U.S. 
consumption, any market effects of such a relatively small change in 
supply would be minor.
    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.

Executive Order 12988

    This proposed rule would allow fresh apricots to be imported into 
the United States from continental Spain, subject to a systems 
approach. If this proposed rule is adopted, State and local laws and 
regulations regarding fresh apricots imported under this rule would be 
preempted while the fruit is in foreign commerce. Fresh apricots 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

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. APHIS-
2011-0132. Please send a copy of your comments to: (1) Docket No. 
APHIS-2011-0132, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238, 
and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street and 
Independence Avenue SW., Washington, DC 20250. A comment to OMB is best 
assured of having its full effect if OMB receives it within 30 days of 
publication of this proposed rule.
    APHIS is proposing to amend the fruits and vegetables regulations 
to allow the importation of fresh apricots from continental Spain into 
the United States subject to a systems approach. As a condition of 
entry, apricots from Spain would have to be produced in accordance with 
a systems approach that would include requirements for importation in 
commercial consignments; a limited harvest period; registration of 
production and packinghouses; grove sanitation, and pest control 
practices; treatment with surface disinfectant; and inspection for 
quarantine pests by the NPPO of Spain.
    Apricots from continental Spain would also be required to be 
accompanied by a phytosanitary certificate with an additional 
declaration stating that the apricots have been inspected and found to 
be free of quarantine pests and were grown and packed in accordance 
with the proposed requirements. This action would allow for the 
importation of apricots from continental Spain into the United States 
while continuing to provide protection against the introduction of 
quarantine pests.
    Allowing the importation of apricots to be imported into the United 
States from Spain will require information collection activities, 
including phytosanitary certificates, production site and packinghouse 
registration, recordkeeping, a workplan, and a trust fund agreement.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 6.4827 hours per response.
    Respondents: The NPPO of Spain and producers and importers of 
apricots.
    Estimated number of respondents: 23.
    Estimated number of responses per respondent: 1.2608.
    Estimated annual number of responses: 29.
    Estimated total annual burden on respondents: 188 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)

[[Page 6231]]

    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
851-2908.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 851-2908.

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

0
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.

0
2. Add Sec.  319.56-58 to read as follows:


Sec.  319.56-58  Fresh apricots from continental Spain.

    Fresh apricots (Prunus armeniaca Marshall) may be imported into the 
United States from continental Spain (excluding the Balearic Islands 
and Canary Islands) only under the conditions described in this 
section. These conditions are designed to prevent the introduction of 
the following quarantine pests: Apiognomonia erythrostoma (Pers.), a 
brown rot fungus; Ceratitis capitata Wiedemann, the Mediterranean fruit 
fly; Cydia funebrana (Treitschke), the plum fruit moth; and Monilinia 
fructigena Honey, the leaf scorch fungus.
    (a) General requirements. (1) The national plant protection 
organization (NPPO) of Spain must provide a bilateral workplan to APHIS 
that details the activities that the NPPO of Spain will, subject to 
APHIS' approval of the workplan, carry out to meet the requirements of 
this section. APHIS will be directly involved with the NPPO of Spain in 
monitoring and auditing implementation of the systems approach. The 
NPPO of Spain must also enter into a trust fund agreement with APHIS in 
accordance with Sec.  319.56-6.
    (2) All places of production and packinghouses that participate in 
the export program must be registered with the NPPO of Spain.
    (3) The fruit must be grown at places of production that meet the 
requirements of paragraph (d) of this section.
    (4) The fruit must be packed for export to the United States in a 
packinghouse that meets the requirements of paragraph (i) of this 
section. The place of production where the apricots were grown must 
remain identifiable when the fruit leaves the grove, at the 
packinghouse, and throughout the export process. Safeguarding in 
accordance with paragraph (h) of this section must be maintained at all 
times during the movement of the apricot fruit to the United States and 
must be intact upon arrival of the apricot fruit in the United States.
    (b) Commercial consignments. Apricots from continental Spain may be 
imported to the United States in commercial consignments only.
    (c) Monitoring and oversight. (1) The NPPO of Spain must visit and 
inspect places of production starting 2 months (60 days) before harvest 
and continuing until the end of the shipping season to verify that 
growers are complying with the requirements of this section and to 
follow pest control guidelines, when necessary, to reduce quarantine 
pest populations. The NPPO of Spain must certify that exporting places 
of production have fruit fly and moth trapping programs and follow 
control guidelines, when necessary, to reduce regulated pest 
populations. Any personnel conducting trapping and pest surveys must be 
hired, trained, and supervised by the NPPO of Spain. APHIS may monitor 
the places of production if necessary.
    (2) In addition to conducting fruit inspections at the 
packinghouses, the NPPO of Spain must monitor packinghouse operations 
to verify that the packinghouses are complying with the requirements of 
this section.
    (3) If the NPPO of Spain finds that a place of production or 
packinghouse is not complying with the requirements of this section, no 
fruit from the place of production or packinghouse will be eligible for 
export to the United States until APHIS and the NPPO of Spain conduct 
an investigation and implement appropriate remedial actions.
    (4) The NPPO of Spain must retain all forms and documents related 
to export program activities in places of production and packinghouses 
for at least 1 year and, as requested, provide them to APHIS for 
review.
    (d) Grove sanitation. Fruit that has fallen from the trees at each 
place of production must be removed and destroyed weekly.
    (e) Fungi. During the growing season, the NPPO of Spain must 
conduct inspections at intervals specified in the workplan in the place 
of production for signs of A. erythrostoma and M. fructigena until 
harvest is completed. Infected leaves must be removed from places of 
production to reduce the inoculum potential. Upon detection of these 
fungal diseases, the NPPO of Spain must notify APHIS, which may 
prohibit the importation into the United States of apricots from the 
production site for the season.
    (f) C. funebrana. The NPPO of Spain must use one of the following 
two mitigation measures to address the risk potential posed by C. 
funebrana.
    (1) Pest-free area: Under this mitigation measure, apricots must 
originate from an area designated as free of C. funebrana in accordance 
with Sec.  319.56-5.
    (2) Area of low pest prevalence and pest management: Under this 
mitigation measure, the NPPO of Spain must visit and visually inspect 
registered places of production during the growing season and harvest 
period for signs of C. funebrana to demonstrate that the places of 
production have a low prevalence of C. funebrana and to verify that the 
growers are complying with the requirements of this paragraph. The NPPO 
of Spain must also sample and visually inspect a quantity of fruit 
specified in the workplan. Trapping must also be conducted in the 
places of production to demonstrate that the places of production have 
a low prevalence of C. funebrana. If the prevalence of any life stage 
of C. funebrana rises above levels specified in the bilateral workplan, 
remedial measures approved jointly by APHIS and the NPPO of Spain must 
be implemented. The NPPO of Spain must keep records of the placement of 
traps, trap visits, trap counts, and treatments for each registered 
place of production and make the records available to APHIS upon 
request.
    (g) C. capitata. (1) Trapping must be conducted in the places of 
production to demonstrate that those places of production have a low 
prevalence of C. capitata. Specific trapping requirements are included 
in the bilateral workplan. If the prevalence rises above levels 
specified in the bilateral workplan, remedial measures approved jointly 
by APHIS and the NPPO of Spain must be implemented. The NPPO of Spain 
must

[[Page 6232]]

keep records of the placement of traps, trap visits, trap counts, and 
treatments for each registered place of production and make the records 
available to APHIS upon request.
    (2) All apricots for export from continental Spain to the United 
States must be treated for C. capitata in accordance with part 305 of 
this chapter.
    (h) Post-harvest procedures. The apricots must be safeguarded by a 
pest-proof screen, plastic tarpaulin, or by some other pest-proof 
barrier while in transit to the packinghouse and while awaiting 
packing. They must be packed within 24 hours of harvest into pest-proof 
cartons or containers or covered with pest-proof mesh or a plastic 
tarpaulin for transport to the United States. These safeguards must 
remain intact until arrival of the consignment in the United States.
    (i) Packinghouse requirements. Packing of apricots for export to 
the United States must be conducted within a packinghouse registered 
and approved by the NPPO of Spain. Packinghouses in which apricots are 
packed for export to the United States must be able to exclude 
quarantine pests. All openings to the outside of the packinghouse must 
be covered by screening with openings of not more than 1.6 mm or by 
some other barrier that prevents pests from entering. The packinghouse 
must have double self-closing doors at the entrance to the facility and 
at the interior entrance to the area where the apricots are to be 
packed. During the time the packinghouse is used to pack and export 
apricot fruit to the United States, the packinghouse must only accept 
fruit from places of production registered and approved by the NPPO of 
Spain.
    (j) Phytosanitary inspection. (1) A biometric sample of apricot 
fruit jointly agreed upon by APHIS and the NPPO of Spain must be 
inspected in Spain by the NPPO of Spain following post-harvest 
processing. The sample must be visually inspected for the quarantine 
pests A. erythrostoma, C. funebrana, and M. fructigena. A portion of 
the fruit must be cut open and inspected for C. capitata. If any of 
these quarantine pests are found, the entire consignment of apricot 
fruit will be prohibited from importation into the United States.
    (2) Fruit presented for inspection at a U.S. port of entry must be 
identified in the shipping documents accompanying each lot of fruit 
that specify the place of production in which the fruit was produced 
and the packinghouse in which the fruit was processed. This 
identification must be maintained until the fruit is released for entry 
into the United States.
    (k) Phytosanitary certificate. Each consignment of apricot fruit 
must be accompanied by a phytosanitary certificate issued by the NPPO 
of Spain that states that the fruit has been treated for C. capitata in 
accordance with 7 CFR part 305 and includes an additional declaration 
that the fruit in the consignment was inspected and found free from A. 
erythrostoma, C. capitata, C. funebrana, and M. fructigena.

    Done in Washington, DC, this 25th day of January 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-02021 Filed 1-29-13; 8:45 am]
BILLING CODE 3410-34-P