[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Proposed Rules]
[Pages 22927-22930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09578]


 ========================================================================
 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. 80, No. 79 / Friday, April 24, 2015 / 
Proposed Rules  

[[Page 22927]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2014-0085]
RIN 0579-AE04


Importation of Fresh Andean Blackberry and Raspberry Fruit From 
Ecuador Into the Continental 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 allow the importation of fresh Andean blackberry and 
raspberry fruit from Ecuador into the continental United States. As a 
condition of entry, the fruit would have to be produced in accordance 
with a systems approach that would include requirements for importation 
in commercial consignments, from a pest free production site within a 
certified low pest prevalence area for fruit flies, and pest monitoring 
and trapping. The fruit would also have to be accompanied by a 
phytosanitary certificate issued by the national plant protection 
organization of Ecuador bearing an additional declaration stating that 
the consignment was produced and prepared for export in accordance with 
the requirements of the systems approach. This action would allow for 
the importation of fresh Andean blackberry and raspberry fruit from 
Ecuador while continuing to provide protection against the introduction 
of quarantine pests into the continental United States.

DATES: We will consider all comments that we receive on or before June 
23, 2015.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0085.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2014-0085, 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-
0085 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, 
Regulations, Permits and Manuals, PPQ, APHIS, 4700 River Road Unit 133, 
Riverdale, MD 20737-1231; (301) 851-2352; 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-71, referred to below as the regulations) prohibit or 
restrict the importation of fruits and vegetables into the United 
States from certain parts of the world to prevent the introduction and 
dissemination of plant pests that are new to or not widely distributed 
within the United States. The regulations currently do not authorize 
the importation of fresh Andean blackberry and raspberry fruit from 
Ecuador. The national plant protection organization (NPPO) of Ecuador 
has requested that the Animal and Plant Health Inspection Service 
(APHIS) amend the regulations to allow Andean blackberry and raspberry 
fruit to be imported from Ecuador into the continental United States.
    As part of our evaluation of Ecuador's request, we have prepared a 
pest risk assessment (PRA), titled ``Importation of Fresh Fruit of 
Andean Blackberry (Rubus glaucus Benth) and Raspberry (Rubus idaeus 
Linnaeus) into the Continental United States from Ecuador'' (June 
2012). The PRA evaluates the risks associated with the importation of 
fresh Andean blackberry and raspberry fruit into the continental United 
States from Ecuador. Copies of the PRA may be obtained by contacting 
the individual 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 identified three quarantine pests likely to follow the 
pathway of fresh Andean blackberry and raspberry fruit imported from 
Ecuador: Anastrepha fraterculus (South American fruit fly), Ceratitis 
capitata (Mediterranean fruit fly), and Copitarsia decolora, a moth. 
All of these pests were rated in the PRA as posing a high pest risk 
potential.
    APHIS has determined that measures beyond standard port of arrival 
inspection are required to mitigate the risks posed by these plant 
pests. Therefore, we are proposing to allow the importation of fresh 
Andean blackberry and raspberry fruit from Ecuador into the continental 
United States produced under a systems approach.
    APHIS has also prepared a risk management document for the 
importation of fresh Andean blackberry and raspberry fruit from Ecuador 
that identifies a systems approach of specific mitigation measures 
against the quarantine pests identified in the PRA and concludes that 
those measures, along with the general requirements for the importation 
of fruits and vegetables in the regulations, will be sufficient to 
prevent the introduction of the identified pests into the continental 
United States. Therefore, we are proposing to add the systems approach 
requirement to the regulations in a new Sec.  319.56-73. The proposed 
measures are described below.

General Requirements

    Paragraph (a) of proposed Sec.  319.56-73 would set out general 
requirements for the NPPO of Ecuador and for growers and packers 
producing fresh Andean blackberry and raspberry fruit for export to the 
continental United States.
    Paragraph (a)(1) of proposed Sec.  319.56-73 would require the NPPO 
of Ecuador to provide an operational workplan to APHIS that details the 
activities that the NPPO would, subject to APHIS' approval of the 
workplan, carry out to meet the requirements of proposed Sec.  319.56-
73. An operational workplan is an agreement developed between

[[Page 22928]]

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 
be carried out to comply with our regulations governing the importation 
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.
    Paragraph (a)(2) of proposed Sec.  319.56-73 would state that APHIS 
will be directly involved with the NPPO of Ecuador in monitoring and 
auditing implementation of the systems approach.
    Paragraph (a)(3) of proposed Sec.  319.56-73 would state that only 
commercial consignments of fresh Andean blackberry and raspberry fruit 
from Ecuador would be allowed to be imported into the continental 
United States. Commercial consignments are 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, may be of a variety with unknown susceptibility 
to pests, and is often grown with little or no pest control.

Production Site Requirements

    Paragraph (b) of proposed Sec.  319.56-73 would require certain 
mitigation measures to be taken under the systems approach at the 
registered production sites. Paragraph (b)(1) would require the 
production site to carry out any phytosanitary measures specified in 
the operational workplan. Examples of measures may include field 
monitoring, bait spraying, and trapping.
    Both Andean blackberries and raspberries have been established in 
the scientific literature as poor hosts of Anastrepha fraterculus and 
Ceratitis capitata. Currently, APHIS does not require mitigations for 
Ceratitis capitata for raspberries imported from countries with this 
pest, including Colombia, Costa Rica, El Salvador, France, Guatemala, 
Honduras, Nicaragua, and Panama. Therefore, mitigations for Ceratitis 
capitata other than requiring commercial production and inspections are 
not included in the systems approach. However, there are a few recorded 
instances of Anastrepha fraterculus infesting Andean blackberries in 
the field. Because of the slightly stronger host status potential for 
Anastrepha fraterculus in blackberries and raspberries, we would 
include in the operational workplan a requirement for field trapping 
and bait spraying in order to maintain low pest prevalence for this 
pest.
    Paragraph (b)(2) of proposed Sec.  319.56-73 would require that all 
production sites participating in the Andean blackberry and raspberry 
fruit export program be registered with the NPPO of Ecuador. Such 
registration would facilitate traceback of a consignment of blackberry 
and raspberry fruit to the production site in the event that quarantine 
pests were discovered in the consignment at the port of first arrival 
into the United States. APHIS would reserve the right to conduct 
oversight visits at the production site in the event of pest 
interceptions or other problems.
    Paragraph (b)(3) would require the NPPO of Ecuador or their 
designee \1\ to conduct a fruit fly trapping program for the detection 
of Anastrepha fraterculus at each production site. This program would 
support efforts for pest free production sites within a certified low 
pest prevalence area for fruit flies. Details of the trapping program 
and designation, if applicable, would be specified in the operational 
workplan.
---------------------------------------------------------------------------

    \1\ An approved designee is an entity with which the NPPO 
creates a formal agreement that allows that entity to certify that 
the appropriate procedures have been followed. The approved designee 
can be a contracted entity, a coalition of growers, or the growers 
themselves.
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    Paragraph (b)(4) would require that the NPPO of Ecuador maintain 
records of trap placement, trap checks, and any captures of Anastrepha 
fraterculus. The trapping records would have to be maintained and 
available for APHIS' review for at least 1 year.
    Lastly, paragraph (b)(5) would require that the NPPO of Ecuador 
also maintain an APHIS-approved quality control program to monitor or 
audit the trapping program, the details of which would be specified in 
the operational workplan.

Packinghouse Requirements

    Paragraph (c) of proposed Sec.  319.56-73 would set forth 
requirements for mitigation and inspection measures specified under the 
operational workplan that would have to take place at registered 
packinghouses.
    Paragraph (c)(1) would require that packinghouses be registered 
with the NPPO of Ecuador and comply with the requirements for 
inspecting and safeguarding fruit as specified in the operational 
workplan. If issues should arise, registration would allow for the 
traceback of a box of fruit to its place of production and packinghouse 
and would allow APHIS and the NPPO of Ecuador to determine what 
remedial actions are necessary.
    Paragraph (c)(2) would require that while in use for exporting 
Andean blackberries and raspberries to the continental United States, 
the packinghouses may only accept fruit from registered production 
sites.
    Paragraph (c)(3) would state that if a single Anastrepha 
fraterculus, Ceratitis capitata, or Copitarsia decolora is detected by 
the NPPO of Ecuador in a consignment, that consignment may not be 
exported to the continental United States. Furthermore, if a single 
Anastrepha fraterculus or Ceratitis capitata were detected in a 
consignment at the port of entry, the consignment would be traced back 
to the production site and would result in immediate cancellation of 
exports to the continental United States from that production site. The 
registered production site would lose its ability to export Andean 
blackberries and raspberries to the continental United States until 
APHIS and the NPPO of Ecuador mutually determine that risk mitigation 
is achieved.

Phytosanitary Certificate

    The NPPO of Ecuador would be responsible for export certification, 
inspection, and issuance of phytosanitary certificates. Paragraph (d) 
of proposed Sec.  319.56-73 would require each consignment of Andean 
blackberries and/or raspberries to be accompanied by a phytosanitary 
certificate issued by the NPPO of Ecuador bearing an additional 
declaration stating that the consignment was produced and prepared for 
export in accordance with the requirements of Sec.  319.56-73.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The 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

[[Page 22929]]

Regulations.gov Web site (see ADDRESSES above for instructions for 
accessing Regulations.gov).
    The proposed rule is in response to a market access request from 
the Government of Ecuador for APHIS authorization to allow the 
importation of fresh Andean raspberries (Rubus idaeus) and blackberries 
(Rubus occidentalis) into the continental United States under a systems 
approach. The systems approach would integrate prescribed mitigation 
measures that cumulatively achieve the appropriate level of 
phytosanitary protection. Generally, APHIS allows the importation of 
fresh fruits and vegetables when requested by a foreign government, and 
when sound science and an analysis of the risks show that it is 
appropriate to do so.
    U.S. entities that may be impacted by the proposed rule are U.S. 
producers of fresh raspberries, blackberries, and loganberries, the 
majority of which are produced in Oregon (98 percent of U.S. 
blackberries and almost all loganberries), Washington (95 percent of 
U.S. red raspberries) and California (84 percent of all color 
raspberries). As a species, Andean raspberries and blackberries are 
similar to loganberries.
    Impacts of the proposed rule on U.S. entities would be dependent 
upon the quantity of fresh Andean raspberries and blackberries from 
Ecuador. In 2005, Ecuador had approximately 10,564 acres of Andean 
blackberry and raspberry crops with a potential production output of 
6,840 metric tons (about 15 million pounds) of fruit. Between 2000 and 
2006, Ecuador exported an average of 13 metric tons (about 28,660 
pounds) of Andean blackberries and raspberries. In 2007, exports of 
fresh Andean raspberries and Andean blackberries from Ecuador reached 
90 metric tons (about 198,416 pounds). According to an Ecuadorian 
government estimate, the maximum quantity of fresh Andean raspberries 
and blackberries that could be exported to the United States is less 
than 182 metric tons per year or 401.24 thousand pounds.
    On average, between 2008 and 2012 the United States imported 37.22 
million pounds of fresh raspberries, and between 2011 and 2013 imported 
63 million pounds of fresh blackberries. Compared to the total average 
U.S. imports of fresh raspberries and blackberries, the Ecuadorian 
import share would be less than 0.5 percent of the total U.S. imports 
for these fruits.
    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 Andean blackberry and 
raspberry fruit to be imported into the continental United States from 
Ecuador. If this proposed rule is adopted, State and local laws and 
regulations regarding fresh Andean blackberry and raspberry fruit 
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

    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-
2014-0085. Please send a copy of your comments to: (1) APHIS, using one 
of the methods described under ADDRESSES at the beginning of this 
document, and (2) Clearance Officer, OCIO, USDA, Room 404-W, 14th 
Street and Independence Avenue SW., Washington, DC 20250.
    Allowing the importation of fresh Andean blackberry and raspberry 
fruit into the continental United States from Ecuador will require an 
operational workplan, production site registration, packinghouse 
registration, a quality control program, recordkeeping, and 
phytosanitary certificates issued by the NPPO of Ecuador stating that 
the consignments were produced and prepared for export in accordance 
with the requirements of Sec.  319.56-73. The fruit would also be 
required to be imported in commercial consignments.
    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 2.833 hours per response.
    Respondents: NPPO, producers, exporters.
    Estimated number of respondents: 23.
    Estimated number of responses per respondent: 2.608.
    Estimated annual number of responses: 60.
    Estimated total annual burden on respondents: 170 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.)
    Copies of this information collection can be obtained from Ms. 
Kimberly Hardy, APHIS' Information Collection Coordinator, at (301) 
851-2727.

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 Ms. Kimberly 
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727.

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:

[[Page 22930]]

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. Section 319.56-73 is added to read as follows:


Sec.  319.56-73.  Andean blackberries and raspberries from Ecuador.

    Andean blackberries (Rubus glaucus Benth) and raspberries (Rubus 
idaeus Linnaeus) may be imported into the continental United States 
from Ecuador under the conditions described in this section and other 
applicable provisions of this subpart. These conditions are designed to 
prevent the introduction of the following quarantine pests: Anastrepha 
fraterculus, Ceratitis capitata, and Copitarsia decolora.
    (a) General requirements. (1) The national plant protection 
organization (NPPO) of Ecuador must provide an operational workplan to 
APHIS that details the systems approach to pest mitigations and other 
specific requirements that the NPPO of Ecuador will, subject to APHIS' 
approval of the workplan, carry out to meet the requirements of this 
section.
    (2) APHIS will be directly involved with the NPPO of Ecuador in 
monitoring and auditing implementation of the systems approach.
    (3) Andean blackberry and raspberry fruit from Ecuador may be 
imported into the continental United States in commercial consignments 
only.
    (b) Production site requirements. (1) Each production site must 
carry out the phytosanitary measures specified in the APHIS-approved 
operational workplan.
    (2) All places of production that participate in the export program 
must be approved by and registered with the NPPO of Ecuador. APHIS 
reserves the right to conduct oversight visits in the event of pest 
interceptions or other problems.
    (3) The NPPO of Ecuador or their designee must conduct a fruit fly 
trapping program for the detection of Anastrepha fraterculus at each 
production site in accordance with the operational workplan. If a 
designee conducts the program, the designation must be detailed in the 
operational workplan. The approved designee can be a contracted entity, 
a coalition of growers, or the growers themselves.
    (4) The NPPO of Ecuador must maintain records of trap placement, 
trap checks, and any captures of Anastrepha fraterculus. The trapping 
records must be maintained for APHIS' review for at least 1 year.
    (5) The NPPO of Ecuador must maintain a quality control program, 
approved by APHIS, to monitor or audit the trapping program in 
accordance with the operational workplan.
    (c) Packinghouse requirements. (1) Packinghouses must be registered 
with the NPPO of Ecuador and comply with the requirements as specified 
in the operational workplan.
    (2) While in use for exporting Andean blackberries and raspberries 
to the continental United States, the packinghouses may only accept 
fruit from registered production sites.
    (3) If a single Anastrepha fraterculus, Ceratitis capitata, or 
Copitarsia decolora is detected by the NPPO in a consignment, the 
consignment may not be exported to the United States. Furthermore, if a 
single Anastrepha fraterculus or Ceratitis capitata is detected in a 
consignment at the port of entry and traced back to a registered 
production site, that production site will lose its ability to export 
Andean blackberries and raspberries to the continental United States 
until APHIS and the NPPO of Ecuador mutually determine that risk 
mitigation is achieved.
    (d) Phytosanitary certificate. Each consignment of Andean 
blackberries and/or raspberries must be accompanied by a phytosanitary 
certificate issued by the NPPO of Ecuador and bear an additional 
declaration stating that the consignment was produced and prepared for 
export in accordance with the requirements of Sec.  319.56-73.

    Done in Washington, DC, this 20th day of April 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-09578 Filed 4-23-15; 8:45 am]
 BILLING CODE 3410-34-P