[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Rules and Regulations]
[Pages 59089-59090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23402]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2012-0038]
RIN 0579-AD79


Importation of Cape Gooseberry From Colombia Into the United 
States; Technical Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; technical amendment.

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SUMMARY: In a final rule published in the Federal Register on May 2, 
2014, and effective on June 2, 2014, we amended the fruits and 
vegetables regulations to allow the importation of cape gooseberry from 
Colombia into the United States under a systems approach. The final 
rule stated that capture of a Mediterranean fruit fly in a registered 
place of production would result in immediate cancellation of exports 
from farms within 5 square kilometers of the detection site. Our 
intent, however, was to specify that a Medfly detection would result in 
immediate cancellation of exports from farms within a 5 kilometer 
radius, rather than an area of 5 square kilometers. This document 
amends the regulations to reflect our intent.

DATES: Effective Date: October 1, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 
851-2352.

SUPPLEMENTARY INFORMATION: In a final rule \1\ that was published in 
the Federal Register on May 2, 2014 (79 FR 24995-24997, Docket No. 
APHIS-2012-0038), and effective on June 2, 2014, we amended the fruits 
and vegetables regulations to add a section, Sec.  319.56-67, that 
allows the importation of cape gooseberry (Physalis peruviana) from

[[Page 59090]]

Colombia into the United States under a systems approach.
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    \1\ To view the rule, supporting analyses, and comments we 
received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-
2012-0038.
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    One of the provisions of the systems approach, found in paragraph 
(b)(1) of Sec.  319.56-67, required the cape gooseberry to be produced 
in places of production that are registered with the national plant 
protection organization (NPPO) of Colombia. Another, found in paragraph 
(c)(1) of Sec.  319.56-67, required trapping for Mediterranean fruit 
fly (Medfly, Ceratitis capitata) at registered places of production. 
Finally, paragraph (c)(2) of Sec.  319.56-67 specified that capture of 
Medfly at a registered place of production would result in immediate 
cancellation of exports from farms within 5 square kilometers of the 
detection site, and required an additional 50 traps to be placed in the 
5 square kilometer area surrounding the detection site.
    Our intent was to prohibit exports from farms within a 5 kilometer 
radius (78.54 square kilometers) of a detection site, rather than 5 
square kilometers. Cancelling exports from within 5 square kilometers 
of the detection site, however, would prohibit exports only from within 
a 1.26 kilometer radius of the detection site.
    The additional trapping would have to occur in this 5 square 
kilometers area surrounding the detection site. In other words, our 
intent was to specify that additional trapping would have to occur in 
an area circumscribed by a larger area from which exports would be 
prohibited. Due to drafting errors, however, neither the rule nor its 
supporting documents reflected this intent.
    Accordingly, we are amending paragraph (c)(2) of Sec.  319.56-67 to 
specify that capture of Medfly at a registered place of production will 
result in immediate cancellation of exports from farms within a 5 
kilometer radius (78.54 square kilometers) of the detection site, and 
to specify that an additional 50 traps must be placed within an area 
with a 1.26 kilometer radius (5 square kilometers) surrounding the 
detection site.

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 are amending 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. In Sec.  319.56-67, paragraph (c)(2) is revised to read as follows:


Sec.  319.56-67  Cape gooseberry from Colombia.

* * * * *
    (c) * * *
    (2) All fruit flies trapped must be reported to APHIS immediately. 
Capture of C. capitata will result in immediate cancellation of exports 
from farms within a 5 kilometer radius (78.54 square kilometers) of the 
detection site. An additional 50 traps must be placed within an area 
with a 1.26 kilometer radius (5 square kilometers) surrounding the 
detection site. If a second detection is made within 30 days of a 
previous capture, eradication using a bait spray agreed upon by APHIS 
and the NPPO of Colombia must be initiated in the detection area. 
Treatment must continue for at least 2 months. Exports may resume from 
the detection area when APHIS and the NPPO of Colombia agree the risk 
has been mitigated.
* * * * *

    Done in Washington, DC, this 26th day of September 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-23402 Filed 9-30-14; 8:45 am]
BILLING CODE 3410-34-P