[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Proposed Rules]
[Pages 19063-19066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07673]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0051]
RIN 0579-AE20


Importation of Lemons From Chile 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 list lemon (Citrus limon (L.) Burm. f.) from Chile as 
eligible for importation into the continental 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

[[Page 19064]]

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 lemons from Chile using 
mitigation measures other than fumigation with methyl bromide.

DATES: We will consider all comments that we receive on or before June 
3, 2016.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0051.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2015-0051, 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-
0051 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. George Balady, Senior Regulatory 
Policy Specialist, Regulatory Coordination and Compliance, Plant Health 
Programs, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737; 
(301) 851-2240.

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-74, 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, lemons from Chile (Citrus limon (L.) Burm. f.) are 
currently listed in the FAVIR database as enterable subject to 
treatment with methyl bromide for the pest Brevipalpus chilensis, the 
Chilean false red mite, applied either as a condition of entry 
treatment or applied in Chile under an APHIS preclearance program.
    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, other 
citrus fruits, including clementines (Citrus reticulata Blanco var. 
Clementine), mandarins (Citrus reticulata Blanco), and tangerines 
(Citrus reticulata Blanco) may be imported into the United States from 
Chile, and grapefruit (Citrus paradisi Macfad.) and sweet oranges 
(Citrus sinensis (L.) Osbeck) may be imported into the continental 
United States from Chile under a systems approach. The conditions 
applicable to the importation of citrus from Chile are listed in Sec.  
319.56-38.
    In this document, we are proposing to amend Sec.  319.56-38 to 
include lemons that are currently enterable into the United States 
subject to treatment, thereby making the lemons eligible for 
importation under the same systems approach as other citrus from Chile.
    Our review of the information supporting the safe importation into 
the United States of citrus from Chile under the listed phytosanitary 
measures is examined in a commodity import evaluation document (CIED) 
titled ``Importation of Fresh Lemons (Citrus limon (L.) Burm. F.), from 
Chile into the Continental United States Using a Systems Approach.'' 
Copies of the CIED may be obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT or viewed on the Regulations.gov Web site 
or in our reading room (see ADDRESSES above for a link to 
Regulations.gov and information on the location and hours of the 
reading room).
    In June 2010, APHIS recognized all of Chile as a pest-free area 
with respect to Ceratitis capitata, the Mediterranean fruit fly. 
Therefore, the CIED identifies one quarantine pest that could be 
introduced into the United States in consignments of lemon from Chile: 
B. 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 lemons from Chile into the United States subject 
to the same systems approach in place for other citrus 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 lemons 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. 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 lemons in the consignment meet the conditions of the systems 
approach and are free of B. chilensis. The mitigation measures in the 
proposed systems approach are discussed in greater detail below.

Production Site Registration

    The production site where the lemons are grown would have to be 
registered with the NPPO of Chile. To register, the production site 
must provide the NPPO of Chile with the following information: 
Production site name, grower name, municipality, province, region, area 
planted to each species, number of plants/hectares/species, and 
approximate date of harvest. Registration would have to be renewed 
annually.
    Registration of production sites is required to manage production 
site requirements and to control access to

[[Page 19065]]

the program to only qualified sites. Commercially grown shipments from 
registered production sites use good agricultural practices to reduce 
or eliminate pests.

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. These samples 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 is found, the 
production site would not qualify for certification as a low-prevalence 
production site and would be eligible to export fruit to the United 
States only if the fruit is fumigated with methyl bromide either in 
Chile or at the port of first arrival in the United States. 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.

Post-Harvest Processing

    After harvest and before packing, the fruit would have to be 
washed, rinsed in a potable water bath, washed with detergent with 
brushing using bristle rollers, rinsed with a hot water shower with 
brushing using bristle rollers, predried at room temperature, waxed, 
and dried with hot air. These mitigations aid in removing any pests 
from the fruit.

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 be drawn from each consignment, which may 
represent multiple grower lots from different packing sheds. 
Consignments with mites will be rejected from the systems approach. 
Rejected lots may still be exported to the United States but would 
require fumigation with methyl bromide either in Chile or at the port 
of first arrival in the United States in accordance with Sec.  305.5 of 
the regulations.

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 lemons in the consignment meet 
the conditions of the systems approach and are free of B. chilensis. 
Requiring a phytosanitary certificate ensures that the NPPO of Chile 
inspects the lemons for pests.

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).
    The Government of Chile submitted a market access request for lemon 
fruit to be approved for import into the continental United States 
using a systems approach as an alternative to methyl bromide 
fumigation, to mitigate the risk of introduction of the Chilean false 
red mite.
    The United States is a net exporter of fresh lemon; over 5 seasons 
(2009/10-2013/14), annual exports averaged about 102,410 metric tons 
(MT) (19 percent of production), compared to annual imports that 
averaged about 46,270 MT. Based on the Small Business Administration 
small-entity standards, the majority of entities that comprise 
industries that may be affected by this rule are small. These entities 
include lemon producers, packers, wholesalers, retailers, and 
importers.
    Chile supplies about one-third of U.S. fresh lemon imports. Chile's 
Ministry of Agriculture estimates that approximately 60 percent of 
their lemon consignments to the United States will switch from methyl 
bromide treatment to the systems approach. Chile currently exports 
about 15,000 MT per year to the United States, of which the systems 
approach is expected to be used for 8,500 to 9,000 MT. For this reason, 
the proposed rule is not expected to result in a significant increase 
in Chilean lemon exports to the United States or their competitiveness.
    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 lemon fruit to be imported into the 
continental United States from Chile. If this proposed rule is adopted, 
State and local laws and regulations regarding lemon 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-
2015-0051. 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.
    APHIS is proposing to amend the fruits and vegetables regulations 
to list lemon (Citrus limon (L.) Burm. f.) from Chile as eligible for 
importation into the continental 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 B. 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

[[Page 19066]]

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 B. chilensis 
based on field and packinghouse inspections. This proposed rule would 
allow for the safe importation of lemons from Chile using mitigation 
measures other than fumigation with methyl bromide.
    Implementing this rule will require permits, production site 
registration with low-prevalence level certification option, 
phytosanitary inspections, phytosanitary certificates, and chemical 
treatment procedures.
    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 0.6917 hours per response.
    Respondents: Producers and importers of lemons, and the NPPO of 
Chile.
    Estimated annual number of respondents: 198.
    Estimated annual number of responses per respondent: 6.71.
    Estimated annual number of responses: 1,330.
    Estimated total annual burden on respondents: 920 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.  319.56-38  [Amended]

0
2. Section 319.56-38 is amended as follows:
0
a. In the introductory text, by adding the words ``, lemons (Citrus 
limon (L.) Burm. f.),'' between the words ``(Citrus paradisi Macfad.)'' 
and ``and sweet oranges''.
0
b. In paragraph (e), by adding the word ``lemons,'' between the words 
``grapefruit,'' and ``mandarins,''.
0
c. In paragraph (f), by adding the word ``lemons,'' between the words 
``grapefruit,'' and ``mandarins,''.

    Done in Washington, DC, this 29th day of March 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-07673 Filed 4-1-16; 8:45 am]
 BILLING CODE 3410-34-P