[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Proposed Rules]
[Pages 62055-62058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24631]


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 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. 200 / Thursday, October 16, 2014 / 
Proposed Rules  

[[Page 62055]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2014-0002]
RIN 0579-AD98


Importation of Kiwi From Chile Into the United States

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 list kiwi (Actinidia deliciosa and Actinidia chinensis) 
from Chile as eligible for importation into the United States subject 
to a systems approach. Under this systems approach, the fruit would 
have to be grown in a place of production that is registered with the 
Government of Chile and certified as having a low prevalence of 
Brevipalpus chilensis. The fruit would have to undergo pre-harvest 
sampling at the registered production site. Following post-harvest 
processing, the fruit would have to be inspected in Chile at an 
approved inspection site. Each consignment of fruit would have to be 
accompanied by a phytosanitary certificate with an additional 
declaration stating that the fruit had been found free of Brevipalpus 
chilensis based on field and packinghouse inspections. This proposed 
rule would allow for the safe importation of kiwi from Chile using 
mitigation measures other than fumigation with methyl bromide.

DATES: We will consider all comments that we receive on or before 
December 15, 2014.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0002.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2014-0002, 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-2014-
0002 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. 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:

Background

    Under the regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-71, referred to below as the regulations), the 
Animal and Plant Health Inspection Service (APHIS) of the U.S. 
Department of Agriculture 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.
    The regulations in Sec.  319.56-4(a) provide that fruits and 
vegetables that can be imported using one or more of the designated 
phytosanitary measures in Sec.  319.56-4(b) to mitigate risk will be 
listed, along with the applicable requirements for their importation, 
on the Internet (currently in the Fruits and Vegetables Import 
Requirements [FAVIR] database at www.aphis.usda.gov/favir). Under those 
provisions, kiwi from Chile (Actinidia deliciosa and Actinidia 
chinensis) are currently listed in the FAVIR database as enterable 
subject to inspection in Chile or treatment with methyl bromide.
    The regulations in Sec.  319.56-4(a) also provide that commodities 
that require phytosanitary measures other than those measures cited in 
Sec.  319.56-4(b) may only be imported in accordance with applicable 
requirements in Sec.  319.56-3 and commodity-specific requirements 
contained elsewhere in the subpart. Under those provisions, baby kiwi 
(Actinidia arguta) from Chile are authorized for importation into the 
continental United States under a systems approach. The conditions 
applicable to the importation of baby kiwi from Chile are listed in 
Sec.  319.56-53.
    In this document, we are proposing to amend Sec.  319.56-53 to 
include kiwi that is currently enterable into the United States subject 
to inspection or treatment, thereby making the kiwi eligible for 
importation under the same systems approach as baby kiwi.
    Our review of the information supporting the safe importation into 
the United States of Chilean kiwi under the listed phytosanitary 
measures is examined in a commodity import evaluation document (CIED) 
titled ``Importation of Fresh Fruits of Kiwi (Actinidia deliciosa and 
Actinidia chinensis) from Chile into the United States.'' The CIED may 
be viewed on the Regulations.gov Web site or in our reading room (see 
ADDRESSES above for instructions for accessing Regulations.gov and 
information on the location and hours of the reading room). You may 
request paper copies of the CIED by calling or writing to the person 
listed under FOR FURTHER INFORMATION CONTACT.
    In June 2010, APHIS recognized all of Chile as a Medfly-free area. 
Therefore, the CIED identifies one quarantine pest that could be 
introduced into the United States in consignments of kiwi from Chile: 
Brevipalpus chilensis. 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.'' In the CIED, the 
likelihood and consequences of introducing this pest to the United 
States are considered, and B. chilensis is rated as having a medium 
pest risk potential. Pests receiving a rating within the medium range 
may necessitate specific phytosanitary measures in addition to standard 
port-of-entry inspection of the commodity being imported into the 
United States.
    Based on the findings of our CIED, we are proposing to allow the 
importation of fresh kiwi from Chile into the United States, subject to 
the same systems

[[Page 62056]]

approach in place for baby kiwi from Chile. 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. The systems approach for fresh kiwi from Chile 
would require the fruit to be grown in a place of production that is 
registered with the national plant protection organization (NPPO) of 
Chile. The fruit would have to undergo pre-harvest sampling at the 
registered production site under the direction of the NPPO of Chile 
and, once harvested, placed in field cartons or containers marked to 
allow for traceback to the production site. The NPPO of Chile would 
present a list of production sites certified as having a low prevalence 
of B. chilensis to APHIS. Following post-harvest processing, the fruit 
would have to be inspected in Chile at an APHIS-approved inspection 
site under the direction of APHIS inspectors in coordination with the 
NPPO of Chile. Each consignment of the fruit would have to be 
accompanied by a phytosanitary certificate with an additional 
declaration stating that the fruit had been found free of B. chilensis 
based on field and packinghouse inspections.
    The mitigation measures in the proposed systems approach are 
discussed in greater detail below.

Production Site Registration

    The production site where the fruit is grown would have to be 
registered with the NPPO of Chile. Harvested kiwi would have to be 
placed in field cartons or containers that are marked to show the 
official registration number of the production site. Registration would 
have to be renewed annually.
    Registration of production sites with the NPPO of Chile and marking 
of field cartons or containers with the registration numbers would 
allow traceback to the production site if pest problems were found on 
fruit shipped to the United States. Problem production sites could then 
be removed from the program until further mitigation measures were 
taken to reduce pest populations.

Low-Prevalence Production Site Certification

    Between 1 and 30 days prior to harvest, random samples of fruit 
would have to be collected from each registered production site under 
the direction of the NPPO of Chile. The number of fruit required to be 
sampled would be set forth in an operational workplan. An operational 
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. Operational workplans 
apply only to the signatory parties and establish detailed procedures 
and guidance for the day-to-day operations of specific import/export 
programs. Operational 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 an operational 
workplan to be developed. We are proposing to amend the regulations to 
require that the NPPO of Chile provide APHIS with an operational 
workplan for the importation of baby kiwi and kiwi.
    The random samples of fruit would have to undergo a pest detection 
and evaluation method as follows: The fruit would have to be washed 
using a flushing method, placed in a 20-mesh sieve on top of a 200-mesh 
sieve, sprinkled with a liquid soap and water solution, washed with 
water at high pressure, and washed with water at low pressure. The 
washing process would then be repeated immediately after the first 
washing. The contents of the 200-mesh sieve would then be placed on a 
petri dish and analyzed for the presence of live B. chilensis mites. If 
a single live B. chilensis mite were found, the production site would 
not qualify for certification as a low-prevalence production site. Each 
production site would have only one opportunity per season to qualify 
as a low-prevalence production site, and certification of low 
prevalence would be valid for one harvest season only. The NPPO of 
Chile would be required to present a list of certified production sites 
to APHIS annually.
    Production site low-prevalence certification would identify problem 
production sites and prevent the shipment of fruit with B. chilensis 
mites from such sites. This mite sampling method is identical to the 
method currently in use for baby kiwi production areas in Chile and has 
been found to be successful in identifying production areas with high 
and low populations of mites.

Post-Harvest Processing

    After harvest, all damaged or diseased fruits would have to be 
culled at the packinghouse, and the remaining fruit would have to be 
packed into new, clean boxes, crates, or other APHIS-approved packing 
containers. Each container would have to have a label identifying the 
registered production site where the fruit originated and the packing 
shed where it was packed.
    Post-harvest processing procedures, such as culling damaged fruit 
and sampling for mites, would remove fruit that could contain pests 
from consignments being shipped to the United States. Culling is a 
standard procedure to produce quality fruit without pests. Labeling of 
containers to identify both production site and packing shed would aid 
in traceback.

Phytosanitary Inspection

    The fruit would have to be inspected in Chile at an APHIS-approved 
inspection site under the direction of APHIS inspectors in coordination 
with the NPPO of Chile following any post-harvest processing. A 
biometric sample would have to be drawn from each consignment. In order 
to be eligible for shipment to the continental United States, the fruit 
in the consignment would have to pass inspection by meeting the 
following requirements:
     Fruit presented for inspection would have to be identified 
in the shipping documents accompanying each lot of fruit to specify the 
production site(s) where the fruit was produced and the packing shed(s) 
where the fruit was processed. This identification would have to be 
maintained until the fruit is released for entry into the United 
States.
     The biometric sample referred to above of the boxes, 
crates, or other APHIS-approved packing containers from each 
consignment would be selected by the NPPO of Chile, and the fruit from 
these boxes, crates, or other APHIS-approved packing containers would 
be visually inspected for quarantine pests. A sample of the fruit 
selected in accordance with the operational workplan would have to be 
washed with soapy water and the collected filtrate microscopically 
examined for B. chilensis. If a single live B. chilensis mite were 
found during the inspection process, the certified low-prevalence 
production site where the fruit was grown would lose its certification. 
In addition, the production site of origin would be suspended from the 
low prevalence certification program for the remainder of the harvest 
season.
    The proposed requirements for the identification in shipping 
documents of

[[Page 62057]]

the kiwi to their production sites and packing sheds would aid in 
traceback if pests were found. The proposed requirements for visual 
inspection and biometric sampling of the fruit would provide additional 
layers of protection against the possibility of kiwi infested with 
quarantine pests being shipped from Chile to the United States. These 
methods have proved effective when employed to inspect consignments of 
citrus and baby kiwi from Chile.

Phytosanitary Certificate

    Each consignment of fruit would have to be accompanied by a 
phytosanitary certificate issued by the NPPO of Chile that contains an 
additional declaration stating that the fruit in the consignment was 
inspected and found free of B. chilensis based on field and 
packinghouse inspections and grown, packed, and shipped in accordance 
with Sec.  319.56-53.
    Requiring a phytosanitary certificate would ensure that the NPPO of 
Chile has inspected the fruit and certified that the fruit meets the 
conditions for export to the United States.

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.
    APHIS is proposing to amend the fruits and vegetables regulations 
to list kiwi (Actinidia deliciosa and Actinidia chinensis) from Chile 
as eligible for importation into the United States subject to a systems 
approach to pest risk mitigation. The systems approach, which 
integrates prescribed measures that cumulatively achieve the 
appropriate level of phytosanitary protection, would be the same that 
is currently applicable for the entry of baby kiwi (Actinidia arguta) 
from Chile into the continental United States. Kiwi from Chile is 
currently listed as enterable subject to inspection in Chile or 
treatment with methyl bromide.
    Production, consumption, and trade of kiwi by the United States 
have been expanding and are expected to continue to increase. Over the 
5 years from 2008 through 2012, U.S. kiwi production and imports 
expanded by about 29 percent and 24 percent, respectively, and U.S. 
exports by 48 percent. U.S. consumption of kiwi grew by about 23 
percent over this same 5-year period. However, the United States is 
dependent on imports for the major share of its kiwi supply. In 2012, 
nearly four of every five kiwis consumed in the United States were 
imported. Chile is the principal foreign source, supplying one-half of 
the kiwis imported by the United States in 2012, up from approximately 
one-third of U.S. kiwi imports in 2008. Chile is expected to continue 
to dominate the supply of kiwi to the United States in the near term. 
Under the proposed rule, Chile's kiwi exporters would have the option 
of using the systems approach rather than relying on inspection of the 
fruit in Chile or fumigation with methyl bromide to meet import 
requirements.
    Although the United States is a net importer of kiwi, the 
percentage increase in U.S. kiwi exports, 2008-2012, was twice the 
percentage increase in U.S. kiwi imports; U.S. producers are actively 
expanding their sales to other countries. We also note that kiwi 
imports from Chile are largely counter-seasonal to kiwi sales by 
domestic producers. California produces 98 percent of the kiwis grown 
in the United States, and the California season runs October through 
May. Kiwi from Chile is predominantly imported during the spring and 
summer months. Ninety-four percent of Chilean kiwi imported in 2012 
arrived between April and September. Although kiwi production in the 
United States is expanding, it remains a relatively small agricultural 
industry, with fewer than 300 growers whose farms average about 13 
acres each. Nevertheless, it is a vibrant industry with an expanding 
export market. This fact, together with the counter-seasonality of kiwi 
imports from Chile, suggests that the economic impact of the proposed 
rule for U.S. small entities 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 kiwi to be imported into the United 
States from Chile. If this proposed rule is adopted, State and local 
laws and regulations regarding kiwi imported under this rule would be 
preempted while the fruit is in foreign commerce. Fresh fruits are 
generally imported for immediate distribution and sale to the consuming 
public and would remain in foreign commerce until sold to the ultimate 
consumer. The question of when foreign commerce ceases in other cases 
must be addressed on a case-by-case basis. If this proposed rule is 
adopted, no retroactive effect will be given to this rule, and this 
rule will not require administrative proceedings before parties may 
file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

Lists 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
3. 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
4. Section 319.56-53 is amended as follows:
0
a. By revising the section heading;
0
b. By revising the introductory text;
0
c. By redesignating paragraphs (a), (b), (c), (d), and (e) as 
paragraphs (b), (c), (d), (e), and (f), respectively, and adding a new 
paragraph (a);
0
d. By revising the first and second sentences after the heading of 
newly designated paragraph (b);
0
e. By revising the third sentence after the heading of newly designated 
paragraph (e); and
0
f. By revising newly designated paragraph (f).
    The revisions and addition read as follows:


Sec.  319.56-53  Fresh kiwi and baby kiwi from Chile.

    Fresh kiwi (Actinidia deliciosa and Actinidia chinensis) may be 
imported into the United States from Chile, and fresh baby kiwi 
(Actinidia arguta) may be imported into the continental United States 
from Chile under the following conditions:
    (a) The national plant protection organization (NPPO) of Chile must 
provide a workplan to APHIS that details the activities that the NPPO 
of Chile will, subject to APHIS' approval of the workplan, carry out to 
meet the requirements of this section.
    (b) * * * The production site where the fruit is grown must be 
registered with the NPPO of Chile. Harvested kiwi and baby kiwi must be 
placed in field cartons or containers that are marked to

[[Page 62058]]

show the official registration number of the production site. * * *
* * * * *
    (e) * * * Kiwi in any consignment may be shipped to the United 
States, and baby kiwi in any consignment may be shipped to the 
continental United States, under the conditions of this section only if 
the consignment passes inspection as follows:
* * * * *
    (f) Phytosanitary certificate. Each consignment of fresh kiwi and 
fresh baby kiwi must be accompanied by a phytosanitary certificate 
issued by the NPPO of Chile that contains an additional declaration 
stating that the fruit in the consignment was inspected and found free 
of Brevipalpus chilensis and was grown, packed, and shipped in 
accordance with the requirements of 7 CFR 319.56-53.
* * * * *

    Done in Washington, DC, this 9th day of October 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-24631 Filed 10-15-14; 8:45 am]
BILLING CODE 3410-34-P