[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Proposed Rules]
[Pages 24838-24840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10199]


 ========================================================================
 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. 84 / Friday, May 1, 2015 / Proposed 
Rules  

[[Page 24838]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0005]
RIN 0579-AE09


Importation of Citrus From Peru; Expansion of Citrus-Growing Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the fruits and vegetable regulations 
to allow citrus fruit from the entire country of Peru into the 
continental United States. Currently, the regulations allow the 
importation of citrus fruit to the United States from five approved 
citrus-producing zones in Peru, subject to a systems approach. However, 
based on the findings of a pest list and commodity import evaluation 
document, we have determined that this systems approach also mitigates 
the plant pest risk associated with citrus fruit produced in all other 
areas of Peru. This action would allow the importation of citrus fruit 
from the entire country of Peru while continuing to provide protection 
against the introduction of plant pests into the continental United 
States.

DATES: We will consider all comments that we receive on or before June 
30, 2015.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0005.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2015-0005, 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-2015-
0005 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: Mr. Tony Rom[aacute]n, Senior 
Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road Unit 39, 
Riverdale, MD 20737-1231; (301) 851-2242.

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 within the United States.
    Under Sec.  319.56-41, grapefruit (Citrus paradisi), limes (C. 
aurantiifolia), mandarins or tangerines (C. reticulata), sweet oranges 
(C. sinensis), and tangelos (C. tangelo) may be imported into the 
United States from approved growing areas in Peru under a systems 
approach designed to mitigate the risk presented by four species of 
fruit flies (Anastrepha fracterculus, A. obliqua Macquart, A. 
serpentina, and Ceratitis capitata) and a Tortricid (Ecdytolopha 
aurantiana). The systems approach requires the following:
     The fruit must be accompanied by a permit issued in 
accordance with Sec.  319.56-3(b);
     The fruit may be imported in commercial consignments only;
     The fruit must be grown in an approved growing area (Zone 
I, Piura; Zone II, Lambayeque; Zone III, Lima; Zone IV, Ica; Zone V, 
Junin);
     The production site where the fruit is grown must be 
registered for export with the national plant protection organization 
(NPPO) of Peru, and the producer must have signed an agreement with the 
NPPO of Peru whereby the producer agrees to participate in and follow 
the fruit fly management program established by the NPPO of Peru;
     The NPPO of Peru's fruit fly management program must be 
approved by the Animal and Plant Health Inspection Service (APHIS), 
must require participating citrus producers to allow APHIS inspectors 
access to production areas in order to monitor compliance with the 
fruit fly management program, and must follow certain trapping, 
control, and recordkeeping requirements;
     The fruit, except limes, must be cold treated for fruit 
flies in accordance with 7 CFR part 305;
     Each consignment of fruit must be accompanied by a 
phytosanitary certificate issued by the NPPO of Peru stating that the 
fruit has been inspected and found free of E. aurantiana; and
     Citrus fruits imported from Peru are subject to inspection 
and sampling by an inspector at the port of first arrival into the 
United States in accordance with Sec.  319.56-3(d), and if a single 
living fruit fly in any stage of development or E. aurantiana is found, 
the consignment will be held until an investigation is completed and 
appropriate remedial actions have been implemented.
    The NPPO of Peru has requested that APHIS amend the regulations to 
allow citrus fruit from the entire country of Peru to be imported into 
the continental United States.
    As part of our evaluation of Peru's request, we prepared a pest 
list, titled ``Pest List for the Importation of Fresh Commercial Citrus 
Fruit: Grapefruit (Citrus x paradisi); Lime (C. aurantiifolia); 
Mandarin Orange, Tangerine, or Hybrids (C. reticulata); Sweet Orange 
(C. sinensis); and Tangelo (C. x tangelo) from Peru into the 
Continental United States'' (November 2012). The pest list examines the 
plant pest risks associated with the importation of citrus from the 
entire country of Peru into the continental United States. The pest 
list identified the same four fruit flies and one Tortricid identified 
in the 2003 pest risk assessment for the importation of citrus from the 
five zones in Peru as potentially following the pathway of citrus fruit 
from the entire country of Peru to the United States.
    Based on the pest list, we prepared a commodity import evaluation 
document (CIED), titled, ``Expansion of Areas Allowed to Export Fresh 
Commercial Citrus Fruit Including Grapefruit (Citrus x paradisi); Lime 
(C. aurantiifolia);

[[Page 24839]]

Mandarin Orange, Tangerine, or Hybrids (C. reticulata); Sweet Orange 
(C. sinensis); and Tangelo (C. x tangelo) from Peru into the 
Continental United States'' (November 2012), to assess the risks 
associated with the importation of citrus from the entire country of 
Peru and recommend mitigation measures to prevent the introduction and 
dissemination of plant pests and diseases of quarantine concern. The 
CIED recommends applying the systems approach in Sec.  319.56-41 to 
citrus fruit from the entire country of Peru.
    Based on the conclusions of the pest list and CIED, we are 
proposing to amend the regulations to allow the importation of citrus 
from the entire country of Peru into the continental United States 
under the systems approach in Sec.  319.56-41. Specifically, we are 
proposing to remove paragraph (c), which contains the list of approved 
growing areas that are allowed to export citrus to the United States, 
and redesignate the subsequent paragraphs.
    Currently, the regulations allow the importation of citrus from 
Peru into the United States, including Hawaii and the U.S. Territories. 
Between 2006 and 2012, Peru shipped small consignments to one U.S. 
Territory, Puerto Rico, but has never exported citrus fruit to Hawaii 
or the other U.S. territories. As a result, in preparing this rule, we 
asked the NPPO of Peru whether they intended to ship to markets in 
Hawaii and the U.S. Territories in the future. Peru indicated that they 
do not intend to do so, and that their request for market access could 
be limited to the continental United States. As a result, the pest list 
and CIED prepared for this proposed rule only evaluated the risk 
associated with the importation of citrus from Peru into the 
continental United States, which excludes Hawaii and the U.S. 
Territories. Therefore, we are proposing to amend the introductory text 
of the section to limit the importation of citrus from Peru to the 
continental 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.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov).
    Currently, the regulations allow the importation of fresh 
grapefruit, lime, mandarin, orange, tangerine or hybrids, sweet orange, 
and tangelo from five approved citrus-producing zones in Peru to the 
United States. The proposed rule would allow the importation of these 
fruits from the entire country of Peru into the continental United 
States under the same conditions that are currently in place. The 
proposed rule is expected to increase the area in Peru approved to 
produce citrus for export to the United States to about 1,500 hectares 
over 3 years. Additional volumes of citrus expected to be shipped to 
the United States are 5,000 metric tons (MT) in the first year that the 
rule is in effect, 6,500 MT in the second year, and 8,000 MT in the 
third year. These quantities are equivalent to less than 1 percent of 
annual U.S. citrus production or U.S. citrus imports.
    The primary entities that may be affected by the rule are citrus 
producers, citrus importers, and support industries such as 
packinghouses. Based on data from the 2012 Census of Agriculture and 
Small Business Administration small-entity standards, the majority of 
these operations are small.
    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 citrus to be imported from 
Peru into the continental United States. If this proposed rule is 
adopted, State and local laws and regulations regarding fresh citrus 
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-
2015-0005. 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. A comment to 
OMB is best assured of having its full effect if OMB receives it within 
30 days of publication of this proposed rule.
    APHIS is proposing to amend the fruits and vegetables regulations 
to allow the importation of fresh citrus into the continental United 
States from Peru. As a condition of entry, the fruit would have to be 
produced in accordance with a systems approach that would include 
requirements for fruit fly trapping and monitoring, production sites, 
recordkeeping, and inspections designed to exclude quarantine pests. 
The fruit would also be required to be imported in commercial 
consignments and accompanied by a phytosanitary certificate issued by 
the NPPO of Peru stating that the fruit has been inspected and found 
free of E. aurantiana. At the port of first arrival, an inspector will 
sample and cut citrus fruits from each consignment to detect pest 
infestation.
    Allowing the importation of fresh citrus into the continental 
United States from Peru will require information collection activities, 
including permit applications to import plants or plant products, 
registered production sites and agreements, fruit fly trapping and 
control, trapping records, and phytosanitary certificates.
    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

[[Page 24840]]

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 2.6 hours per response.
    Respondents: NPPO of Peru, producers/growers, and importers.
    Estimated annual number of respondents: 67.
    Estimated annual number of responses per respondent: 14.
    Estimated annual number of responses: 912.
    Estimated total annual burden on respondents: 2,334 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:

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.


Sec.  319.56-41  [Amended]

0
2. Section 319.56-41 is amended as follows:
0
a. In the introductory text, by adding the word ``continental'' between 
the words ``the'' and ``United States''.
0
b. By removing paragraph (c).
0
c. By redesignating paragraphs (d) through (h) as paragraphs (c) 
through (g), respectively.

    Done in Washington, DC, this 27th day of April 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-10199 Filed 4-30-15; 8:45 am]
BILLING CODE 3410-34-P