[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Proposed Rules]
[Pages 53346-53352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21406]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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. 79, No. 174 / Tuesday, September 9, 2014 / 
Proposed Rules  

[[Page 53346]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 318 and 319

[Docket No. APHIS-2010-0082]
RIN 0579-AD71


Establishing a Performance Standard for Authorizing the 
Importation and Interstate Movement of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend our regulations governing the 
importations of fruits and vegetables by broadening our existing 
performance standard to provide for approval of all new fruits and 
vegetables for importation into the United States using a notice-based 
process. We are also proposing to remove the region- or commodity-
specific phytosanitary requirements currently found in these 
regulations. Likewise, we are proposing an equivalent revision of the 
performance standard in our regulations governing the interstate 
movements of fruits and vegetables from Hawaii and the U.S. territories 
(Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin 
Islands) and the removal of commodity-specific phytosanitary 
requirements from those regulations. This proposal would allow for the 
approval of requests to authorize the importation or interstate 
movement of new fruits and vegetables in a manner that enables a more 
flexible and responsive regulatory approach to evolving pest situations 
in both the United States and exporting countries. It would not 
however, alter the science-based process in which the risk associated 
with importation or interstate movement of a given fruit or vegetable 
is evaluated or the manner in which risks associated with the 
importation or interstate movement of a fruit or vegetable are 
mitigated.

DATES: We will consider all comments that we receive on or before 
November 10, 2014.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2010-0082.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2010-0082, 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-2010-
0082 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. Nicole L. Russo, Assistant 
Director, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 
River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-2159.

SUPPLEMENTARY INFORMATION: 

Background

Foreign Quarantine Notices

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-70, referred to below as the regulations or the 
fruits and vegetables regulations), the Animal and Plant Health 
Inspection Service (APHIS) of the United States Department of 
Agriculture (USDA) prohibits or restricts the importation of fruits and 
vegetables into the United States from certain parts of the world to 
prevent plant pests from being introduced into and spread within the 
United States.
    In a final rule published in the Federal Register on July 18, 2007 
(72 FR 39482-39528, Docket No. APHIS-2005-0106), and effective on 
August 17, 2007, we established a process by which we allow certain 
fruits and vegetables to be approved for importation. That rule 
established a notice-based process for approving the importation of 
fruits or vegetables that, based on the findings of a pest risk 
analysis, can be safely imported subject to one or more of the 
designated phytosanitary measures listed in Sec.  319.56-4(b) of the 
regulations. These measures, which are referred to elsewhere in this 
document as designated phytosanitary measures or designated 
phytosanitary measures of the fruits and vegetables regulations, are:
     The fruits or vegetables are subject to inspection upon 
arrival in the United States and comply with all applicable provisions 
of Sec.  319.56-3;
     The fruits or vegetables are imported from a pest-free 
area in the country of origin that meets the requirements of Sec.  
319.56-5 for freedom from that pest and are accompanied by a 
phytosanitary certificate stating that the fruits or vegetables 
originated in a pest-free area in the country of origin;
     The fruits or vegetables are treated in accordance with 7 
CFR part 305;
     The fruits or vegetables are inspected in the country of 
origin by an inspector or an official of the national plant protection 
organization (NPPO) of the exporting country, and have been found free 
of one or more specific quarantine pests identified by the risk 
analysis as likely to follow the import pathway; and/or
     The fruits or vegetables are imported as commercial 
consignments only.
    Under the notice-based process, amendments to the regulations are 
not needed, as approval of fruits and vegetables for importation from 
various countries or regions is accomplished via the publication of 
notices in the Federal Register (this practice is described in detail 
below under the heading ``Current Processes''). To list approved 
commodities and the requirements for their importation, APHIS's Plant 
Protection and Quarantine (PPQ) program developed the Fruits and 
Vegetables Import Requirements (FAVIR) database, which is accessible 
via the APHIS Web site.\1\ FAVIR includes not only those commodities 
approved using the notice-based process, but also commodities approved 
through rulemaking. FAVIR allows individuals to search for authorized 
fruits and vegetables by commodity or

[[Page 53347]]

country, and quickly and easily determine the requirements for their 
importation into the United States. In addition, FAVIR allows APHIS 
officials and the Department of Homeland Security's Customs and Border 
Protection agricultural inspectors to quickly determine whether or not 
a fruit or vegetable is authorized entry into the United States. 
Approved commodities are also listed in PPQ's Fresh Fruits and 
Vegetables Import Manual and will continue to be so listed.
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    \1\ You may search FAVIR at http://www.aphis.usda.gov/favir/.
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Hawaii and Territories Quarantine Notices

    The regulations in 7 CFR part 318, ``State of Hawaii and 
Territories Quarantine Notices'' (referred to below as the Hawaii and 
territories regulations), prohibit or restrict the interstate movement 
of fruits, vegetables, and other products from Hawaii, Puerto Rico, the 
U.S. Virgin Islands, and Guam to the continental United States to 
prevent the spread of plant pests and noxious weeds that occur in 
Hawaii and the territories.
    In a final rule published in the Federal Register on January 16, 
2009 (74 FR 2770-2786, Docket No. APHIS-2007-0052), we revised those 
regulations in order to establish a regulatory approach that is similar 
but not identical to that in the fruits and vegetables regulations 
discussed above. That final rule established a notice-based process for 
approving the interstate movement of fruits or vegetables from Hawaii 
and the territories that, based on the findings of a pest risk 
analysis, can be safely moved interstate subject to one or more of the 
designated phytosanitary measures listed in Sec.  318.13-4(b) of the 
regulations. These measures, which are referred to elsewhere in this 
document as designated phytosanitary measures or designated 
phytosanitary measures of the Hawaii and territories regulations, are:
     The fruits and vegetables are inspected in the State of 
origin or in the first State of arrival;
     The fruits and vegetables originated from a pest-free area 
in the State of origin and the grower from which the fruit or vegetable 
originated has entered into a compliance agreement with the 
Administrator;
     The fruits and vegetables are treated in accordance with 7 
CFR part 305 and the treatment is certified by an inspector;
     The fruits and vegetables are inspected and certified in 
the State of origin by an inspector and have been found free of one or 
more specific quarantine pests identified by risk analysis as likely to 
follow the pathway;
     The fruits and vegetables are moved as commercial 
consignments only; and/or
     The fruits and vegetables may be distributed only within a 
defined area and the boxes or containers in which the fruits or 
vegetables are distributed must be marked to indicate the applicable 
distribution restrictions.

Commodity-Specific Requirements

    The notice-based approach described above for imports and for 
interstate movement from Hawaii and the territories allows us to 
maintain our science- and risk-based evaluation process and shorten the 
administrative process involved in approval of new fruits and 
vegetables, while continuing to provide opportunity for public comment 
and engagement on the science- and risk-based analysis associated with 
such imports and interstate movements. It also enables us to adapt our 
import requirements more quickly in the event of any changes to a 
country's pest or disease status or as a result of new scientific 
information or treatment options. One example of this adaptability may 
be found in a notice entitled ``Importation of Garlic From the European 
Union and Other Countries Into the Continental United States,'' which 
was published in the Federal Register on March 21, 2011 (76 FR 15279-
15280, Docket No. APHIS-2011-0015). Prior to the publication of that 
notice, the importation of garlic from these countries was approved 
only if consignments were first treated using vacuum fumigation with 
methyl bromide. Based on the conclusions of a commodity import 
evaluation document, we were able to determine that application of one 
or more of the designated phytosanitary measures would sufficiently 
mitigate the pest risk and that the use of methyl bromide was no longer 
necessary. Under the notice-based approach, APHIS was able to address 
this issue within 5 months, while, on average, it takes us 18 months 
using the traditional rulemaking process.
    Both the fruits and vegetables regulations and the Hawaii and 
territories regulations continue to list certain fruits and vegetables 
for which additional phytosanitary measures are needed beyond one or 
more of those designated phytosanitary measures cited in the 
regulations. Additional phytosanitary measures may include requirements 
such as limitations on the distribution of the fruits and vegetables 
and box marking of fruit or vegetable consignments. Certain other 
fruits and vegetables must meet combinations of requirements (in some 
cases, called ``systems approaches'') to be eligible for importation 
into or interstate movement within the United States. Such measures 
include sampling regimens, pest surveys, packing requirements, and 
other measures determined to be necessary to mitigate the pest risk 
posed by the particular fruit or vegetable. These fruits or vegetables 
and their importation or interstate movement requirements are listed in 
Sec. Sec.  319.56-20 through 319.56-70 of the fruits and vegetables 
regulations and Sec. Sec.  318.13-20 through 318.13-26 of the Hawaii 
and territories regulations, respectively.
    These commodity-specific requirements are similar to the designated 
phytosanitary measures of the fruits and vegetables regulations and the 
Hawaii and territories regulations in that both the requirements listed 
in the regulations and those imposed through the notice-based process 
are established by APHIS using the same rigorous science- and risk-
based approach, which begins with the development of the pest risk 
analysis.

Current Processes

    Using our current process for authorizing importation of fruits or 
vegetables under the fruits and vegetables regulations or interstate 
movement under the Hawaii and territories regulations, when APHIS 
receives a request from a country's NPPO or a State department of 
agriculture to allow importation or interstate movement of a fruit or 
vegetable whose importation or interstate movement is currently not 
authorized, that NPPO or State department of agriculture must first 
gather and submit information to APHIS concerning that fruit or 
vegetable. In the case of imports, a description of the required 
information is contained in 7 CFR 319.5(d). This information, in 
addition to our own research, allows APHIS to conduct a pest risk 
analysis.
    The pest risk analysis usually contains two main components: (1) A 
pest risk assessment, pest list, or other pest risk document to 
determine what pests of quarantine significance are associated with the 
proposed fruit or vegetable and which of those are likely to follow the 
import or interstate movement pathway, and (2) a risk management 
document, to identify phytosanitary measures that could be applied to 
the fruit or vegetable and evaluate the potential effectiveness of 
those measures. When the pest risk assessment is complete, if 
quarantine pests are associated with the fruit or vegetable in the 
country, State, or other

[[Page 53348]]

region of origin,\2\ APHIS then evaluates whether the risk posed by 
each quarantine pest can be mitigated by one or more of the designated 
phytosanitary measures of the fruits and vegetables regulations or the 
designated phytosanitary measures of the Hawaii and territories 
regulations. If the designated phytosanitary measures alone are not 
sufficient to mitigate the risk posed by the importation or interstate 
movement of the commodity, any further action on approving the fruit or 
vegetable for importation or interstate movement is undertaken using 
the rulemaking process, which entails publishing a proposed and final 
rule. The pest risk analysis is made available to the public for review 
and comment at the time of the publication of the proposed rule.
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    \2\ Pest risk assessments can consider a country, part of a 
country, all or parts of several countries, a State or territory, 
part of a State or territory, or all or parts of several States or 
territories.
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    However, if APHIS determines in a risk management document that the 
risk posed by each identified quarantine pest associated with the fruit 
or vegetable in the country, State, or other region of origin can be 
mitigated by one or more of the designated phytosanitary requirements, 
the findings are communicated using the notice-based process; APHIS 
publishes in the Federal Register, a notice announcing the availability 
of the pest risk analysis for a minimum of 60 days public comment. Each 
pest risk analysis made available for public comment through a notice 
specifies which of the designated phytosanitary measures APHIS would 
require to be applied.
    Under the notice-based process, APHIS evaluates comments received 
in response to the notice of availability of the pest risk analysis. In 
the event that APHIS receives no comments, or in the event that 
commenters do not provide APHIS with analysis or data that indicate 
that the conclusions of the pest risk analysis are incorrect and that 
changes to the pest risk analysis are necessary, APHIS then publishes 
another notice in the Federal Register announcing that the 
Administrator has determined that, based on the information available, 
the application of one or more of the designated phytosanitary measures 
(as specified in a given pest risk analysis) is sufficient to mitigate 
the risk that quarantine pests could be introduced or disseminated 
within the United States via the importation or interstate movement of 
the fruit or vegetable. APHIS then authorizes the importation or 
interstate movement of the particular fruit or vegetable, subject to 
the conditions described in the pest risk analysis, on the date 
specified in the Federal Register notice.
    In the event that commenters provide APHIS with information that 
shows that changes to the pest risk analysis are necessary, and if the 
changes made affect the conclusions of the analysis (e.g., that the 
application of the identified phytosanitary measures will not be 
sufficient to mitigate the risk posed by the identified pests), APHIS 
proceeds as follows:
     If additional phytosanitary measures beyond the designated 
measures described earlier in this document are determined to be 
necessary to mitigate the risk posed by the particular fruit or 
vegetable, any further action on the fruit or vegetable follows the 
rulemaking process.
     If additional risk mitigation measures beyond those 
evaluated in the pest risk analysis are determined to be necessary, but 
the added measures only include one or more of the designated 
phytosanitary measures of the fruits and vegetables regulations or the 
designated phytosanitary measures of the Hawaii and territories 
regulations, APHIS may publish another notice announcing that the 
Administrator has determined that the application of one or more of the 
designated phytosanitary requirements will be sufficient to mitigate 
the risk that quarantine pests could be disseminated within the United 
States via the importation or interstate movement of the fruit or 
vegetable. The notice also explains the additional mitigation measures 
required for the importation or interstate movement of the fruit or 
vegetable to be authorized and how APHIS made its determination. APHIS 
then begins allowing the importation or interstate movement of the 
particular fruit or vegetable, subject to the conditions described in 
the revised pest risk analysis, beginning on the date specified in the 
Federal Register notice. Alternatively, if APHIS believes that the 
revisions to the pest risk analysis are substantial, and there may be 
continued uncertainty as to whether the designated measures are 
sufficient to mitigate the risk posed by the fruit or vegetable, APHIS 
may elect to make the revised pest risk analysis available for public 
comment via a notice in the Federal Register, or may make any further 
action on approving the commodity for importation subject to 
rulemaking.
    When commodities are approved for importation or interstate 
movement, either through rulemaking or the notice-based process, all 
permits issued list the commodity-specific importation requirements as 
determined by the pest risk analyses. Those requirements are also 
listed in FAVIR, in the case of imported fruits and vegetables, as well 
as the appropriate fruits and vegetables manual, in the case of both 
fruits and vegetables that are imported and those that are moved 
interstate from Hawaii and the U.S. territories. In order to ensure 
producer compliance with the listed procedures, an APHIS inspector or 
an official authorized by APHIS monitors any treatments (e.g., cold 
treatment, fumigation, irradiation) that are required. Upon arrival, 
consignments are inspected to ensure compliance with any particular 
shipping requirements, such as arrangement of fruits or vegetables on 
pallets or pest-exclusionary packaging, as well as for the presence of 
any pests of concern. In the event that a pest is discovered upon 
inspection at the port of first arrival APHIS works with the inspectors 
and, in the case of imports, the NPPO of the exporting country, in 
order to investigate and, if necessary, re-evaluate shipments of the 
fruit or vegetable in question from that country or State.

Proposed Revisions

    The 2007 final rule concerning imports and the 2009 final rule 
concerning interstate movement from Hawaii and the territories 
streamlined the authorization process for those fruits or vegetables 
whose phytosanitary requirements consisted of measures that were used 
most frequently. The notice-based processes established by those rules 
are as transparent and accessible to our stakeholders and other 
interested parties as the rulemaking process, while providing APHIS 
with the ability to make more responsive decisions on import issues and 
by reducing the time involved in approving the commodity for 
importation or interstate movement. For a number of reasons, which are 
explained below, we are proposing to expand the use of the notice-based 
process to all decisions related to the importation and interstate 
movement of new fruits and vegetables. We are also proposing to remove 
the remaining region- or commodity-specific phytosanitary requirements 
currently found in Sec. Sec.  319.56-20 through 319.56-70, 318.13-16, 
and 318.13-20 through 318.13-26. As stated previously, those 
requirements would continue to be listed in FAVIR.
    Under this proposal, the unique requirements currently found in 
Sec. Sec.  319.56-20 through 319.56-70 would be replaced by the 
designated phytosanitary measures listed in Sec.  319.56-4(b) of the 
regulations.

[[Page 53349]]

Similarly, we would remove the specific requirements in Sec. Sec.  
318.13-20 through 318.13-26 and replace them with the designated 
phytosanitary measures listed in Sec.  318.13-4(b) of the regulations. 
We are also proposing to expand the categories of designated 
phytosanitary measures from those measures listed previously, which 
would be found in new Sec.  319.56-4(b)(1) through 319.56-4(b)(5) and 
318.13-4(b)(1) through 318.13-4(b)(5) of the regulations. These 
measures would stipulate that fruits and vegetables may be imported or 
moved from Hawaii and the territories subject to one or more of the 
following:
     Phytosanitary treatments, which could include, but are not 
limited to, pest control treatments in the field or growing site, and 
post-harvest treatments;
     Growing area pest mitigations, which could include, but 
are not limited to detection surveys, trapping requirements, pest 
exclusionary structures, and field inspections;
     Safeguarding and movement mitigations, which could 
include, but are not limited to, safeguarded transport, box labeling, 
limited distribution, insect-proof boxes, and importation as commercial 
consignments only;
     Administrative mitigations, which could include, but are 
not limited to, registered fields or orchards, registered growing 
sites, registered packinghouses, inspection in the country of origin by 
an inspector or an official of the national plant protection 
organization of the exporting country, and operational workplan 
monitoring; and
     Any other measures that the Administrator determines are 
appropriate.
    We are also proposing that, in the event that the Administrator 
determines that the phytosanitary measures required for a fruit or 
vegetable that has been previously authorized for importation are no 
longer sufficient to mitigate the pest risk posed by the fruit or 
vegetable, and the Administrator must take emergency action to protect 
U.S. agriculture, we will prohibit or further restrict importation of 
the fruit or vegetable in accordance with our existing standard 
emergency procedures and importation restriction at the port of entry. 
We would also publish a notice in the Federal Register advising the 
public of our findings, specifying any amended import requirements, 
providing an effective date for the change, and inviting public comment 
on the subject. In the event that the Administrator determines that any 
of the phytosanitary measures required for a fruit or vegetable that 
has been previously authorized for importation are no longer necessary 
to mitigate pest risk, we would make pest risk documentation available 
for comment prior to issuing any revised permits. The procedures for 
adding or removing measures would be the same regardless of whether or 
not the fruit or vegetable in question was approved prior to the 
implementation of the proposed process.
    Using a notice-based process provides several advantages over 
codifying import requirements in the regulations. The plant health 
import regulatory system is based on a highly complex and evolving body 
of scientific information. For example, a single approved commodity may 
require several mitigations to address the risk posed by one pest or 
may require one mitigation to address several pests. Some imported 
fruits and vegetables are subject to a dozen or more distinct 
conditions of entry, and even a minor change to one of those conditions 
requires rulemaking if those conditions are listed in our regulations. 
New information about pests that affect imports is constantly becoming 
available, and changes must therefore be made frequently to existing 
import protocols. Listing requirements in the regulations can impede 
timely and effective decisionmaking, and in some cases, has costs to 
the regulated public. For example, new information recently became 
available which led APHIS to conclude that Hass avocados, under certain 
conditions, are not a host for Mediterranean fruit fly (Medfly), as was 
previously believed. The regulations for importing Hass avocados from 
countries where Medfly is present had previously required a treatment, 
which APHIS concluded was no longer necessary. Similarly, the 
interstate movement of avocados from areas quarantined for Medfly was 
also prohibited unless the avocados were treated.\3\ To relieve these 
restrictions, which were codified in our regulations, rulemaking was 
required. Having import requirements codified in the regulations 
prevents us from quickly and transparently updating import requirements 
if a pest expands its distribution to a country, territory, or area 
approved to export hosts of that pest that was not previously regulated 
for that pest, or when APHIS needs to eliminate import restrictions 
pertaining to a given pest because, for example, the pest now exists in 
the United States and is not under official control. We believe that 
such revisions can and should be made more efficiently and effectively, 
with equivalent transparency and public engagement and with the same 
scientific rigor.
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    \3\ To view the rule go to http://www.regulations.gov/#!docketDetail;D=APHIS-2010-0127.
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    Many of our domestic program regulations are designed and 
effectively administered to provide the flexibility to adjust promptly 
to changing phytosanitary information. For example, under the 
regulations concerning emerald ash borer (EAB), which may be found in 7 
CFR 301.53-1 through 301.53-9, regulated articles may move interstate 
from quarantined areas if certain performance-based criteria are met. 
Specifically, the EAB regulations in Sec.  301.53-5 allow articles 
regulated for EAB to move interstate if they are certified by an 
inspector or person operating under a compliance agreement to have been 
grown, produced, manufactured, stored, or handled in a manner that, in 
the judgment of the inspector, prevents the regulated article from 
presenting a risk of spreading EAB. The precise requirements for 
interstate movement of various types of articles are not listed in the 
regulations, but rather are spelled out in the associated compliance 
agreements. We believe the EAB regulations provide an effective 
regulatory process.
    Using a notice-based approach allows for prompt communication with 
the public as well as reduced administrative burden, while carrying out 
the same rigorous risk analysis process we use to support decisions 
made via rulemaking. The notice-based process also allows us to enforce 
phytosanitary requirements in permits in the same manner as is used to 
enforce requirements codified in the regulations.
    The process for developing pest risk assessments and determining 
mitigation measures (as detailed above under the heading ``Current 
Processes'') would remain the same, giving the public opportunity to 
review, evaluate, and comment. In addition, in order to further engage 
the public in the decisionmaking process, as well as to increase the 
transparency of our regulatory approach, PPQ has established a process 
that makes the draft risk assessments or pest lists available for 
review by stakeholders upon their completion and prior to being made 
available formally through a Federal Register notice. PPQ also 
maintains a Stakeholder Registry on the Internet \4\ that allows anyone 
to register

[[Page 53350]]

to receive information on a specified area of interest.
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    \4\ You may sign up for PPQ's Stakeholder Registry at https://public.govdelivery.com/accounts/USDAAPHIS/subscriber/new.
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    As indicated earlier, if this proposed process is adopted for use 
by APHIS, we would remove all commodity-specific requirements from both 
the fruits and vegetables regulations and the Hawaii and territories 
regulations. Fruits or vegetables approved for import under this 
approach would be listed in FAVIR, which is available on the APHIS Web 
site, as well as in PPQ's Fresh Fruits and Vegetables Import Manual, 
which is available for viewing and download on APHIS's Web site.\5\ 
Similarly, approved fruits and vegetables from Hawaii and the 
territories and their corresponding movement requirements would be 
listed in APHIS's Hawaii and Puerto Rico/U.S. Virgin Islands fruits and 
vegetables manuals,\6\ which are available for download on APHIS's Web 
site.\7\ Fruits or vegetables approved prior to the institution of the 
proposed process would continue to be allowed to be imported under the 
same requirements under which they were approved.
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    \5\ The PPQ Fresh Fruits and Vegetables Import Manual may be 
found on the Internet at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/fv.pdf.
    \6\ Currently, APHIS does not maintain fruits and vegetables 
manuals for Commonwealth of the Northern Mariana Islands (CNMI) and 
Guam because there are no regulated articles being moved from those 
areas. If it becomes necessary to maintain a list of fruits and 
vegetables from CNMI or Guam, APHIS would list such information on 
its Web site at http://www.aphis.usda.gov/import_export/plants/manuals/online_manuals.shtml.
    \7\ The Puerto Rico and the U.S. Virgin Islands fruits and 
vegetables manual may be found on the Internet at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/puerto_rico.pdf. The Hawaii fruits and vegetables 
manual may be found on the Internet at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/hawaii.pdf.
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Definitions

    As a result of the changes we are proposing to the Hawaii and 
territories regulations and the fruits and vegetables regulations, a 
number of the definitions currently found in Sec. Sec.  318.13-2 and 
319.56-2 would no longer be necessary because the terms would no longer 
be used in the regulations in those subparts. We are therefore 
proposing to remove the definitions for approved growing media from the 
regulations in Sec.  318.13-2 and the definitions for above ground 
parts, cucurbits, field, place of production, production site, and West 
Indies from the regulations in Sec.  319.56-2.

Frozen Fruits and Vegetables

    The regulations in Sec.  318.13-13 concern requirements for the 
movement of frozen fruits and vegetables from Hawaii and the 
territories into or through any other territory, State, or District of 
the United States. We are proposing to remove the last sentence of that 
section because it contains a reference to the regulations in 7 CFR 
305.17, which no longer exist due to a prior change to that section.

Citrus Fruit

    We are also proposing to remove Subpart--Citrus Fruit from the 
regulations. This subpart, consisting of Sec.  319.28, imposes specific 
requirements on a certain type of fruit. Given that we are proposing to 
remove other specific requirements from the regulations, removal of the 
citrus fruit subpart would be consistent with those actions. The 
specific requirements would continue to apply and would be listed in 
the FAVIR database and PPQ's Fresh Fruits and Vegetables Import Manual.

Executive Orders 12866 and 13563 and Regulatory Flexibility Act

    This proposed rule has been determined to be significant for the 
purposes of Executive Order 12866 and, therefore, has been reviewed by 
the Office of Management and Budget.
    We have prepared an economic analysis for this rule. The economic 
analysis provides a cost-benefit analysis, as required by Executive 
Orders 12866 and 13563, which direct agencies to assess all costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, and equity). Executive Order 13563 emphasizes the importance 
of quantifying both costs and benefits, of reducing costs, of 
harmonizing rules, and of promoting flexibility. The economic analysis 
also provides an initial regulatory flexibility analysis that examines 
the potential economic effects of this rule on small entities, as 
required by the Regulatory Flexibility Act. The economic 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).
    Based on the information we have, there is no reason to conclude 
that adoption of this proposed rule would result in any significant 
economic effect on a substantial number of small entities. However, we 
do not currently have all of the data necessary for a comprehensive 
analysis of the effects of this proposed rule on small entities. 
Therefore, we are inviting comments on potential effects. In 
particular, we are interested in determining the number and kind of 
small entities that may incur benefits or costs from the implementation 
of this proposed rule.
    The proposed rule would benefit both APHIS in its operations and 
U.S. businesses and consumers. APHIS would be able to use its resources 
more efficiently and the public would have more timely access to many 
of the fruits and vegetables for which importation or movement from 
Hawaii and the U.S. territories has yet to be approved.
    APHIS has already established a notice-based process for allowing 
the importation or movement from Hawaii and the U.S. territories of 
fruits and vegetables, subject to one or more specified phytosanitary 
measures. For fruits and vegetables for which the risks are not 
adequately mitigated by these specified measures and thereby do not 
qualify for the notice-based process, the rulemaking process can range 
from 18 months to over 3 years; using the notice-based process, the 
average time has been reduced to 6 to 12 months.
    Consumers and businesses would benefit from the more timely access 
to fruits and vegetables for which entry or movement would currently 
require rulemaking. This benefit would be reduced to the extent that 
certain businesses would face increased competition for the subject 
fruits and vegetables sooner due to their more timely approval. APHIS 
has not identified other costs that may be incurred because of the 
proposed rule. The rule would not alter the manner in which the risks 
associated with a fruit or vegetable import or interstate movement 
request are evaluated and mitigated.
    The proposed rule is expected to result in more efficient use of 
APHIS resources and more timely approval for importation or interstate 
movement of fruits and vegetables from Hawaii and the U.S. territories. 
Principal industries that could be affected by the proposed rule, which 
are fruit and vegetable farms and fruit and vegetable importers, are 
largely composed of small entities.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

[[Page 53351]]

National Environmental Policy Act

    The majority of the regulatory changes in this document are 
nonsubstantive, and would therefore have no effects on the environment. 
However, this rule will allow APHIS to approve certain new fruits and 
vegetables for importation into the United States without undertaking 
rulemaking. Despite the fact that those fruits and vegetable imports 
will no longer be contingent on the completion of rulemaking, the 
requirements of the National Environmental Policy Act of 1969 (NEPA), 
as amended (42 U.S.C. 4321 et seq.) will still apply. As such, for each 
additional fruit or vegetable approved for importation, APHIS will make 
available to the public documentation related to our analysis of the 
potential environmental effects of such new imports. This documentation 
will likely be made available at the same time and via the same Federal 
Register notice as the risk analysis for the proposed new import.

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

7 CFR Part 318

    Cotton, Cottonseeds, Fruits, Guam, Hawaii, Plant diseases and 
pests, Puerto Rico, Quarantine, Transportation, Vegetables, Virgin 
Islands.

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 parts 318 and 319 as 
follows:

PART 318--STATE OF HAWAII AND TERRITORIES QUARANTINE NOTICES

0
1. The authority citation for part 318 continues to read as follows:

    Authority:  7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.


Sec.  318.13-2  [Amended]

0
2. Section 318.13-2 is amended by removing the definition for Approved 
growing media.
0
3. Section 318.13-4 is revised to read as follows:


Sec.  318.13-4  Authorization of certain fruits and vegetables for 
interstate movement.

    (a) Determination by the Administrator. No fruit or vegetable is 
authorized for interstate movement from Hawaii or the territories 
unless the Administrator has determined that the risk posed by each 
quarantine pest associated with the fruit or vegetable can be mitigated 
by the application of one or more phytosanitary measures designated by 
the Administrator.
    (b) Designated phytosanitary measures. (1) The fruits and 
vegetables are subject to phytosanitary treatments, which could 
include, but are not limited to, pest control treatments in the field 
or growing site, and post-harvest treatments.
    (2) The fruits and vegetables are subject to growing area pest 
mitigations, which could include, but are not limited to, detection 
surveys, trapping requirements, pest exclusionary structures, and field 
inspections.
    (3) The fruits and vegetables are subject to safeguarding and 
movement mitigations, which could include, but are not limited to, 
safeguarded transport, box labeling, limited distribution, insect-proof 
boxes, and importation as commercial consignments only.
    (4) The fruits and vegetables are subject to administrative 
mitigations, which could include, but are not limited to, registered 
fields or orchards, registered growing sites, registered packinghouses, 
inspection in the State of origin by an inspector, and operational 
workplan monitoring.
    (5) The fruits and vegetables are subject to any other measures 
deemed appropriate by the Administrator.
    (c) Authorized fruits and vegetables. (1) Comprehensive list. The 
name and origin of all fruits and vegetables authorized for interstate 
movement under this section, as well as the applicable requirements for 
their movement, may be found on the Internet at http://www.aphis.usda.gov/import_export/plants/manuals/ports/index.shtml.
    (2) Fruits and vegetables authorized for interstate movement prior 
to [EFFECTIVE DATE OF FINAL RULE]. Fruits and vegetables that were 
authorized for interstate movement under this subpart as of [EFFECTIVE 
DATE OF FINAL RULE] may continue to be moved interstate under the same 
requirements that applied before [EFFECTIVE DATE OF FINAL RULE], except 
as provided in paragraph (c)(4) of this section.
    (3) Other fruits and vegetables. Fruits and vegetables not already 
authorized for interstate movement as described in paragraph (c)(2) of 
this section may be authorized for interstate movement only after:
    (i) Pest risk analysis and mitigations. APHIS has analyzed the pest 
risk posed by the interstate movement of a fruit or vegetable and has 
determined that the risk posed by each quarantine pest associated with 
the fruit or vegetable can be mitigated by the application of one or 
more phytosanitary measures.
    (ii) Opportunity for public comment. APHIS has made its pest risk 
analysis and determination available for public comment for at least 60 
days through a notice published in the Federal Register.
    (iii) Administrator's decision. The Administrator has announced his 
or her decision in a subsequent Federal Register notice to begin 
allowing interstate movement of the fruit or vegetable subject to the 
phytosanitary measures specified in the notice.
    (4) Changes to phytosanitary measures. (i) If the Administrator 
determines that the phytosanitary measures required for a fruit or 
vegetable that has been authorized interstate movement under this 
subpart are no longer sufficient to mitigate the pest risk posed by the 
fruit or vegetable, APHIS will prohibit or further restrict interstate 
movement of the fruit or vegetable. APHIS will also publish a notice in 
the Federal Register advising the public of its finding. The notice 
will specify the amended interstate movement requirements, provide an 
effective date for the change, and invite public comment on the 
subject.
    (ii) If the Administrator determines that any of the phytosanitary 
measures required for a fruit or vegetable that has been authorized 
interstate movement under this subpart are no longer necessary to 
mitigate the pest risk posed by the fruit or vegetable, APHIS will make 
new pest risk documentation available for public comment, in accordance 
with paragraph (c)(3) of this section, prior to allowing interstate 
movement of the fruit or vegetable subject to the phytosanitary 
measures specified in the notice.

(Approved by the Office of Management and Budget under control number 
0579-0346)


Sec.  318.13-13  [Amended]

0
4. Section 318.13-13 is amended by removing the last sentence.


Sec.  318.13-16  [Removed]

0
5. Section 318.13-16 is removed.


Sec.  318.13-17  [Redesignated as Sec.  318.13-16]

0
6. Section 318.13-17 is redesignated as Sec.  318.13-16.


Sec.  318.13-16  [Amended]

0
7. In newly redesignated Sec.  318.13-16, paragraph (a)(1) is amended 
by

[[Page 53352]]

removing the word ``under'' and adding the words ``in accordance with'' 
in its place.


Sec. Sec.  318.13-18 through 318.13-22  [Removed]

0
8. Sections 318.13-18 through 318.13-22 are removed.


Sec.  318.13-23  [Redesignated as Sec.  318.13-17]

0
9. Section 318.13-23 is redesignated as Sec.  318.13-17.


Sec. Sec.  318.13-24 through 318.13-26  [Removed]

0
10. Sections 318.13-24 through 318.13-26 are removed.

PART 319--FOREIGN QUARANTINE NOTICES

0
11. 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.

Subpart--CITRUS FRUIT [Removed]

0
12. Subpart--CITRUS FRUIT is removed.


Sec.  319.56-2  [Amended]

0
13. Section 319.56-2 is amended by removing the definitions for Above 
ground parts, Cucurbits, Field, Place of production, Production site, 
and West Indies.
0
14. Section 319.56-4 is revised to read as follows:


Sec.  319.56-4  Authorization of certain fruits and vegetables for 
importation.

    (a) Determination by the Administrator. No fruit or vegetable is 
authorized importation into the United States unless the Administrator 
has determined that the risk posed by each quarantine pest associated 
with the fruit or vegetable can be mitigated by the application of one 
or more phytosanitary measures designated by the Administrator and the 
fruit or vegetable is imported into the United States in accordance 
with, and as stipulated in, the permit issued by the Administrator.
    (b) Designated phytosanitary measures. (1) The fruits and 
vegetables are subject to phytosanitary treatments, which could 
include, but are not limited to, pest control treatments in the field 
or growing site, and post-harvest treatments.
    (2) The fruits and vegetables are subject to growing area pest 
mitigations, which could include, but are not limited to detection 
surveys, trapping requirements, pest exclusionary structures, and field 
inspections.
    (3) The fruits and vegetables are subject to safeguarding and 
movement mitigations, which could include, but are not limited to, 
safeguarded transport, box labeling, limited distribution, insect-proof 
boxes, and importation as commercial consignments only.
    (4) The fruits and vegetables are subject to administrative 
mitigations, which could include, but are not limited to, registered 
fields or orchards, registered growing sites, registered packinghouses, 
inspection in the country of origin by an inspector or an official of 
the national plant protection organization of the exporting country, 
and operational workplan monitoring.
    (5) The fruits and vegetables are subject to any other measures 
deemed appropriate by the Administrator.
    (c) Authorized fruits and vegetables. (1) Comprehensive list. The 
name and origin of all fruits and vegetables authorized importation 
under this section, as well as the applicable requirements for their 
importation, may be found on the Internet at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/fv.pdf or http://www.aphis.usda.gov/favir.
    (2) Fruits and vegetables authorized importation prior to 
[EFFECTIVE DATE OF FINAL RULE]. Fruits and vegetables that were 
authorized importation under this subpart either directly by permit or 
by specific regulation as of [EFFECTIVE DATE OF FINAL RULE] may 
continue to be imported into the United States under the same 
requirements that applied before [EFFECTIVE DATE OF FINAL RULE], except 
as provided in paragraph (c)(4) of this section.
    (3) Other fruits and vegetables. Fruits and vegetables not already 
authorized for importation as described in paragraph (c)(2) of this 
section may be authorized importation only after:
    (i) Pest risk analysis and mitigations. APHIS has analyzed the pest 
risk posed by the importation of a fruit or vegetable from a specified 
foreign region and has determined that the risk posed by each 
quarantine pest associated with the fruit or vegetable can be mitigated 
by the application of one or more phytosanitary measures.
    (ii) Opportunity for public comment. APHIS has made its pest risk 
analysis and determination available for public comment for at least 60 
days through a notice published in the Federal Register.
    (iii) Import authorization. The Administrator has announced his or 
her decision in a subsequent Federal Register notice to authorize the 
importation of the fruit or vegetable subject to the phytosanitary 
measures specified in the notice.
    (4) Changes to phytosanitary measures. (i) If the Administrator 
determines that the phytosanitary measures required for a fruit or 
vegetable that has been authorized importation under this subpart are 
no longer sufficient to mitigate the pest risk posed by the fruit or 
vegetable, APHIS will prohibit or further restrict importation of the 
fruit or vegetable. APHIS will also publish a notice in the Federal 
Register advising the public of its finding. The notice will specify 
the amended importation requirements, provide an effective date for the 
change, and will invite public comment on the subject.
    (ii) If the Administrator determines that any of the phytosanitary 
measures required for a fruit or vegetable that has been authorized 
importation under this subpart are no longer necessary to mitigate the 
pest risk posed by the fruit or vegetable, APHIS will make new pest 
risk documentation available for public comment, in accordance with 
paragraph (c)(3) of this section, prior to allowing importation of the 
fruit or vegetable subject to the phytosanitary measures specified in 
the notice.

(Approved by the Office of Management and Budget under control number 
0579-0293)


Sec. Sec.  319.56-13 through 319.56-69  [Removed]

0
15. Sections 319.56-13 through 319.56-69 are removed.


Sec.  319.56-70  [Removed]

0
16. Sec.  319.56-70, as added at 79 FR 52543, September 4, 2014, and 
effective October 6, 2014, is removed.

    Done in Washington, DC, this 2nd day of September 2014.
Gary Woodward,
Deputy Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 2014-21406 Filed 9-8-14; 8:45 am]
BILLING CODE 3410-34-P