[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Proposed Rules]
[Pages 28758-28764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10957]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2014-0092]
RIN 0579-AE17


Importation of Lemons From Northwest Argentina

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 lemons from northwest Argentina 
into the continental United States. As a condition of entry, lemons 
from northwest Argentina would have to be produced in accordance with a 
systems approach that would include requirements for importation in 
commercial consignments; registration and monitoring of places of 
production and packinghouses; pest-free places of production; grove 
sanitation, monitoring, and pest control practices; treatment with a 
surface disinfectant; lot identification; and inspection for quarantine 
pests by the Argentine national plant protection organization. 
Additionally, lemons from northwest Argentina would have to be 
harvested green and within a certain time period, or treated for Medfly 
in accordance with an approved treatment schedule. Lemons from 
northwest Argentina would also be required to be accompanied by a 
phytosanitary certificate with an additional declaration stating that 
the lemons have been inspected and found to be free of quarantine pests 
and were produced in accordance with the proposed requirements. This 
action would allow for the importation of lemons from northwest 
Argentina into the United States while continuing to provide protection 
against the introduction of quarantine pests.

DATES: We will consider all comments that we receive on or before July 
11, 2016.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0092.
     Postal Mail/Commercial Delivery: Send your comments to 
Docket No. APHIS-2014-0092, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.

[[Page 28759]]

    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2014-
0092 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. Juan A. (Tony) Rom[aacute]n, 
Senior Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road Unit 
133, Riverdale, MD 20737-1236; (301) 851-2242.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-75, 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.
    The national plant protection organization (NPPO) of Argentina has 
requested that the Animal and Plant Health Inspection Service (APHIS) 
amend the regulations to allow lemons (Citrus limon L.) from the 
northwest region of Argentina (the Provinces of Catamarca, Jujuy, 
Salta, and Tucum[aacute]n) to be imported into the continental United 
States. Northwest Argentina is the main lemon-producing region in 
Argentina, and different pests occur there than those that occur in 
other citrus-producing areas in Argentina.
    In evaluating Argentina's request, we prepared a pest risk 
assessment (PRA) and risk management document (RMD). Copies of the PRA 
and the RMD may be obtained from the person listed under FOR FURTHER 
INFORMATION CONTACT, viewed in the reading room listed above under 
ADDRESSES, or viewed on the Regulations.gov Web site (see ADDRESSES 
above for instructions for accessing Regulations.gov).
    The PRA, titled ``Risk Assessment for the Importation of Fresh 
Lemon (Citrus limon (L.) Burm. f.) Fruit from Northwest Argentina into 
the Continental United States'' analyzes the potential pest risk 
associated with the importation of fresh lemons into the continental 
United States from northwest Argentina.
    A quarantine pest is defined in Sec.  319.56-2 of the regulations 
as a pest of potential economic significance to the area endangered 
thereby and not yet present there, or present but not widely 
distributed and being officially controlled. The PRA identifies nine 
pests of quarantine significance present in Argentina that could follow 
the pathway for lemons from northwest Argentina to the continental 
United States. They are:
     Brevipalpus californicus (Banks), the citrus flat mite; B. 
obovatus Donnadieu, the scarlet tea mite; and B. phoenicis (Geijskes), 
the false spider mite. These mites (referred to in this document as the 
Brevipalpus spp. mites) are potential vectors of citrus leprosis virus 
(CiLV), a quarantine pest present in Argentina;
     B. chilensis Baker, the Chilean false red mite;
     Ceratitis capitata (Wiedemann), the Mediterranean fruit 
fly (Medfly);
     Cryptoblabes gnidiella (Milli[eacute]re), the honeydew 
moth;
     Elsino[euml] australis Bitanc. & Jenkins 1936, the causal 
agent of sweet orange scab disease (SOS);
     Gymnandrosoma aurantianum (Lima), the citrus borer; and
     Xanthomonas citri subsp. citri (ex Hasse) Gabriel et al. 
1989, the causal agent of citrus canker disease (Xcc).
    The PRA derives plant pest risk potentials for these pests by 
estimating the likelihood of introduction of each pest into the 
continental United States through the importation of lemons from 
northwest Argentina. The PRA considers four of the pests to have a high 
pest risk potential (B. chilensis, C. capitata, C. gnidiella, and G. 
aurantianum), and five to have a medium risk potential (the Brevipalpus 
spp. mites, E. australis, and Xcc).
    Based on the findings of the PRA, APHIS has determined that 
measures beyond standard port-of-entry inspection are necessary in 
order to mitigate the risk associated with the importation of fresh 
lemons from northwest Argentina into the continental United States. 
These measures are listed in the RMD and are used as the basis for the 
requirements of this proposed rule.
    Therefore, we are proposing to amend the regulations to allow the 
importation of commercial consignments of fresh lemons from northwest 
Argentina into the continental United States, subject to a systems 
approach. Requirements of the systems approach, which would be added to 
the regulations as a new Sec.  319.56-76, are discussed in the 
following sections.

Proposed Systems Approach

General Requirements

    Proposed paragraph (a) of Sec.  319.56-76 would set out general 
requirements for fresh lemons from northwest Argentina destined for 
export to the continental United States.
    Proposed paragraph (a)(1) of Sec.  319.56-76 would require the NPPO 
of Argentina to provide an operational workplan to APHIS that details 
the systems approach activities that the NPPO of Argentina and places 
of production and packinghouses registered with the NPPO of Argentina 
would, subject to APHIS approval of the workplan, implement to meet the 
proposed requirements. An operational workplan is an arrangement 
between APHIS' Plant Protection and Quarantine program and officials of 
the NPPO of a foreign government that specifies in detail the 
phytosanitary measures that will comply with U.S. regulations governing 
the import or export of a specific commodity. Operational workplans 
apply only to the signatories 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. Operational 
workplans require APHIS approval.
    If the operational workplan is approved, APHIS would be directly 
involved with the NPPO of Argentina in monitoring and auditing the 
systems approach implementation. Such monitoring could involve site 
visits by APHIS personnel.
    Proposed paragraph (a)(2) of Sec.  319.56-76 would require the 
lemons considered for export to the continental United States to be 
grown by places of production that are registered with the NPPO of 
Argentina and that have been determined to be free from B. chilensis in 
accordance with the proposed regulations. We discuss the proposed 
protocol for considering a production site free from B. chilensis later 
in this document.
    Proposed paragraph (a)(3) of Sec.  319.56-76 would require the 
lemons to be packed for export to the continental United States in 
pest-exclusionary packinghouses that are registered with the NPPO of 
Argentina.
    Registration of places of production and packinghouses with the 
NPPO of Argentina would ensure that the NPPO exercises oversight of 
these locations and that the places of production and packinghouses 
continuously follow the provisions of the export program. It

[[Page 28760]]

would also facilitate traceback in the event that lemons from Argentina 
are determined to be infested with quarantine pests.
    Proposed paragraph (a)(4) of Sec.  319.56-76 would require the NPPO 
of Argentina to maintain all forms and documents pertaining to 
registered places of production and packinghouses for at least 1 year 
and, as requested, provide them to APHIS for review. Such forms and 
documents would include (but would not be limited to) records regarding 
fruit fly trapping in registered places of production and records 
regarding pest detections in registered places of production and 
registered packinghouses. Based on APHIS' review of the records, we may 
monitor places of production and packinghouses, as we deem warranted.
    Proposed paragraph (a)(5) of Sec.  319.56-76 would require lemons 
from Argentina to be imported into the continental United States in 
commercial consignments only. Noncommercial shipments are more prone to 
infestations because the commodity is often ripe to overripe, could be 
of a variety with unknown susceptibility to pests, and is often grown 
with little or no pest control. Commercial consignments, as defined in 
Sec.  319.56-2 of the regulations, are consignments that an inspector 
identifies as having been imported for sale and distribution. Such 
identification is based on a variety of indicators, including, but not 
limited to: Quantity of produce, type of packaging, identification of 
place of production or packinghouse on the packaging, and documents 
consigning the fruits or vegetables to a wholesaler or retailer. For 
purposes of the proposed regulations, in order for a consignment to be 
considered a commercial consignment, fruit in the consignment would 
have to be practically free of leaves, twigs, and other plant parts, 
except for stems less than 1 inch long and attached to the fruit. We 
currently require most other fruits and vegetables imported into the 
United States from foreign countries to be imported in commercial 
consignments as a mitigation against quarantine pests of those 
commodities.
    Proposed paragraph (a)(6) of Sec.  319.56-76 would require the 
identity of each lemon from Argentina destined for export to the 
continental United States to be maintained throughout the export 
process, from the place of production to the arrival at the port of 
entry in the continental United States. The operational workplan would 
have to authorize the means of identification used that allows the lot 
to be traced back to its place of production. This requirement would 
facilitate traceback in the event that quarantine pests are discovered 
in a lot of lemons destined for export to the United States. This, in 
turn, would help ensure that timely remedial measures are taken to 
address the plant pest risk at the place of production and preclude the 
further export of infested fruit from that place of production.
    Proposed paragraph (a)(7) of Sec.  319.56-76 would require lemons 
from Argentina to be harvested green and within the time period of 
April 1 and August 31. If the lemons are harvested yellow or harvested 
outside of that time period, they would have to be treated for Medfly 
in accordance with 7 CFR part 305 and the operational workplan. As 
documented in the RMD, lemons are a poor host of Medfly, and research 
has shown that harvesting them green during that time period, when 
Medfly populations are low in Argentina, is an effective mitigation 
against Medfly.
    Within part 305, Sec.  305.2 provides that approved treatment 
schedules for Medfly and other quarantine pests are set forth in the 
Plant Protection and Quarantine Treatment Manual, found online at 
http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf. The manual currently specifies that cold treatment 
according to schedule T107-a is effective in neutralizing Medfly on 
citrus. If lemons from Argentina are harvested yellow, or outside of 
the prescribed time period, they would have to be treated according to 
this approved schedule.
    Proposed paragraph (a)(8) of Sec.  319.56-76 would provide that 
lots of lemons destined for export to the continental United States 
must be safeguarded during movement from registered places of 
production to registered packinghouses as specified by the operational 
workplan. Such safeguarding could include the use of pest-proof screens 
or tarpaulins to cover the lots during transit, or other similar 
measures approved by APHIS and the NPPO of Argentina.
    Proposed paragraph (a)(9) of Sec.  319.56-76 would require each 
consignment of lemons imported from Argentina into the continental 
United States to be accompanied by a phytosanitary certificate issued 
by the NPPO of Argentina with an additional declaration stating that 
the requirements in the proposed regulations have been met and 
consignments have been inspected and found free of Brevipalpus spp. 
mites, B. chilensis, C. capitata, C. gnidiella, and G. aurantianum.

Place of Production Requirements

    The proposed systems approach would require places of production to 
meet certain requirements and take certain measures to prevent the 
introduction of quarantine pests to lemons destined for export to the 
continental United States. Proposed paragraph (b) of Sec.  319.56-76 
would contain these requirements and measures.
    Proposed paragraph (b)(1) of Sec.  319.56-76 would require that, 
prior to each harvest season, registered places of production of lemons 
destined for export to the continental United States must be determined 
by APHIS and the NPPO of Argentina to be free from B. chilensis based 
on biometric sampling conducted in accordance with the operational 
workplan. If a single B. chilensis mite is discovered as a result of 
such sampling, the place of production would not be considered free 
from B. chilensis for that harvest season. Each place of production 
would have only one opportunity per harvest season to be considered 
free of B. chilensis, and certification of B. chilensis freedom would 
only last one harvest season.
    Currently, APHIS authorizes the importation of several commodities 
from Chile, including kiwi, clementines, mandarins, and tangerines, 
subject to confirmation, using a similar sampling method, that places 
of production for those commodities have a low prevalence for B. 
chilensis. The biometric sampling used to establish freedom from B. 
chilensis would be modeled on the sampling protocols currently used in 
Chile to establish places of production of low pest prevalence for B. 
chilensis.
    Under the proposed biometric sampling protocol, between 1 and 30 
days before harvest, 100 random samples of fruit would have to be 
collected from each registered place of production. The samples would 
then have to washed, placed on a mesh sieve, sprinkled with liquid soap 
and water solution, washed with water at high pressure, and washed with 
water at lower pressure. Once this cleaning process is repeated twice, 
the contents of the sieves would have to be placed on a petri dish and 
examined for B. chilensis.
    Proposed paragraph (b)(2) of Sec.  319.56-76 would require 
registered places of production to remove plant litter and fallen 
debris from groves in accordance with the operational workplan. It 
would also prohibit fallen fruit from being included in field 
containers of fruit brought to the packinghouse to be

[[Page 28761]]

packed for export. Plant litter, fallen debris, and fallen fruit are 
especially susceptible to quarantine pests.
    Proposed paragraph (b)(3) of Sec.  319.56-76 would require 
registered places of production to trap for Medfly in accordance with 
the operational workplan. The operational workplan would specify the 
types of traps and baits that must be used, the minimum number of traps 
per acre that must be deployed, the requisite distance between each 
trap, and the intervals at which the traps must be serviced. The NPPO 
would have to keep records regarding the placement and monitoring of 
all traps, as well as records of all pest detections in these traps, 
and provide the records to APHIS, as requested.
    Proposed paragraph (b)(4) of Sec.  319.56-76 would require 
registered places of production to carry out any additional grove 
sanitation and phytosanitary measures specified for the place of 
production by the operational workplan. Depending on the location, 
size, and plant pest history of the grove, these could include 
surveying protocols, safeguarding of trees, application of pesticides 
and fungicides, or other measures.
    Proposed paragraph (b)(5) of Sec.  319.56-76 would require the NPPO 
of Argentina to visit and inspect registered places of production 
regularly for signs of infestations and to allow APHIS to monitor these 
inspections. These inspections would have to start no more than 30 days 
before harvest and continue until the end of the export season.
    Proposed paragraph (b)(6) of Sec.  319.56-76 would provide that if 
APHIS or the NPPO of Argentina determines that a registered place of 
production has failed to follow the requirements of the regulations, 
the place of production would be excluded from the export program until 
APHIS and the NPPO of Argentina jointly agree that the place of 
production has taken appropriate remedial measures to address the plant 
pest risk.

Packinghouse Requirements

    Proposed paragraph (c) of Sec.  319.56-76 would set forth 
requirements for mitigation measures that would have to occur at 
registered packinghouses.
    Proposed paragraph (c)(1) of Sec.  319.56-76 would require that, 
while a registered packinghouse is in use for packing lemons for export 
to the continental United States, the packinghouses may only accept 
lemons that are from registered places of production and that have been 
produced in accordance with proposed Sec.  319.56-76. Lemons from other 
places of production may be produced under conditions that are less 
stringent than those of this proposed rule, and may therefore be a 
pathway for the introduction of quarantine pests into the 
packinghouses.
    Proposed paragraph (c)(2) of Sec.  319.56-76 would require lemons 
to be packed within 24 hours of harvest in a registered pest-
exclusionary packinghouse or stored in a degreening chamber in the 
registered pest-exclusionary packinghouse. The lemons would have to be 
packed for shipment to the continental United States in insect-proof 
cartons or containers, or covered with insect-proof mesh or plastic 
tarpaulin. These safeguards would have to remain intact until the 
lemons arrive in the United States, or the consignment would not be 
allowed to enter the United States. These requirements collectively 
would aid in preventing the lemons from becoming infested with plant 
pests during or subsequent to packing.
    Proposed paragraph (c)(3) of Sec.  319.56-76 would require the 
lemons to be washed, brushed, and surface disinfected for E. australis 
and Xcc in accordance with the operational workplan, treated with an 
APHIS-approved fungicide, and waxed. Section 301.75-7 requires citrus 
fruit from areas of the United States that are quarantined for Xcc to 
be treated at packinghouses for Xcc. Additionally, a December 2010 
Federal Order for the interstate movement of citrus fruit from areas of 
the United States that are quarantined for E. australis requires the 
fruit to be washed, disinfected, treated, and waxed at packinghouses in 
order for a certificate to be issued authorizing the unrestricted 
interstate movement of the fruit within the United States.\1\ 
Accordingly, this requirement would be generally consistent with 
current domestic requirements.
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    \1\ To view the Federal Order, go to http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus/downloads/sweet_orange/2010-62.pdf.
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    Proposed paragraph (c)(4) of Sec.  319.56-76 would require the NPPO 
of Argentina or officials authorized by the NPPO of Argentina to 
visually inspect a biometric sample of each consignment for quarantine 
pests, wash the lemons in the sample, and inspect the filtrate for B. 
chilensis in accordance with the operational workplan. In addition to 
identifying lemons infested with B. chilensis, this method of visual 
inspection would be able to detect any signs or symptoms of Brevipalpus 
spp. mites on the lemons.
    A portion of the fruit would then have to be cut open and inspected 
for evidence of quarantine pests. Cutting the fruit open would allow 
inspectors to determine whether the fruit is infested with Medflies or 
C. gnidiella or G. aurantianum larvae.
    If a single C. gnidiella or G. aurantianum in any stage of 
development is found on the lemons, the entire consignment would be 
prohibited from export to the United States, and the registered place 
of production that produced the lemons would be suspended from the 
export program until APHIS and the NPPO of Argentina jointly agree that 
the place of production has taken appropriate remedial measures to 
address plant pest risk.
    If a single B. chilensis or Brevipalpus spp. mite in any stage of 
development is found on the lemons, the entire consignment would be 
prohibited from export, and the registered place of production that 
produced the lemons may be suspended from the export program, pending 
an investigation.
    If a single immature Medfly is found in or with the lemons, the 
lemons would have to be treated in accordance with 7 CFR part 305 and 
the operational workplan, and the registered place of production that 
produced the lemons in the consignment may be suspended from the export 
program, pending an investigation.
    We would not require remedial measures to be taken if fruit is 
determined to be symptomatic for E. australis or Xcc because we have 
determined that fruit that is symptomatic for these pathogens and that 
has been subject to the treatment and processing protocol specified in 
proposed paragraph (c)(3) of Sec.  319.56-76 is not a pathway for the 
spread of the pathogens. This is reflected in our conditions for the 
interstate movement of citrus fruit that is symptomatic for E. 
australis or Xcc.
    Proposed paragraph (c)(5) of Sec.  319.56-76 would provide that, if 
APHIS or the NPPO of Argentina determines that a registered 
packinghouse has failed to follow the requirements of the regulations, 
the packinghouse would be excluded from the export program until APHIS 
and the NPPO of Argentina jointly agree that the packinghouse has taken 
appropriate remedial measures to address the plant pest risk.

Port of Entry Requirements

    Proposed paragraph (d) of Sec.  319.56-76 would provide that 
consignments of lemons from Argentina will be inspected at the port of 
entry to the United States, and that, if any quarantine pests are 
discovered on the lemons during this inspection, the entire lot in 
which the quarantine pest

[[Page 28762]]

was discovered would be subject to appropriate remedial measures to 
address this risk.

Miscellaneous Amendments to Sec.  319.28

    The regulations in Sec.  319.28(a) prohibit the importation of 
citrus from Argentina, as well as from eastern and southeastern Asia, 
Japan, Brazil, Paraguay, and other designated areas. However, 
paragraphs (b) through (e) of Sec.  319.28 set out various exceptions 
to this prohibition. To allow the importation of lemons from 
northwestern Argentina under Sec.  319.56-76, we propose adding a new 
paragraph (e) to Sec.  319.28 stating that the prohibition does not 
apply to lemons from northwest Argentina that meet the requirements of 
Sec.  319.56-76. To accommodate the addition of the new paragraph (e) 
in Sec.  319.28, we would redesignate current paragraphs (e) through 
(i) as (f) through (j), respectively.
    Paragraph (a)(1) of Sec.  319.28 provides that importation of 
fruits and peels of the genera and varieties listed in that paragraph 
is allowed from the Provinces \2\ of Catamarca, Jujuy, Salta, and 
Tucum[aacute]n in Argentina because those Provinces are considered to 
be free of Xcc. However, we now consider Xcc to be present in those 
Provinces. Therefore, we would remove that statement.
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    \2\ The paragraph currently refers to these administrative units 
as ``States.'' However, as noted within this document, 
administrative units within Argentina are Provinces, not States.
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    Finally, paragraph (a)(2) of Sec.  319.28 currently prohibits the 
importation of lemons from Argentina, among other countries, to prevent 
the introduction of SOS within the United States. We would remove this 
prohibition.

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.
    We have prepared an economic analysis for this rule. The economic 
analysis provides a cost-benefit analysis, as required by Executive 
Order 12866, and an initial regulatory flexibility analysis that 
examines the potential economic effects of this proposed rule on small 
entities, as required by the Regulatory Flexibility Act. The economic 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT, 
in the reading room (see ADDRESSES above for more information), or on 
the Regulations.gov Web site (see ADDRESSES above for instructions for 
accessing Regulations.gov).
    The analysis examines potential economic impacts on small domestic 
entities of allowing the importation of fresh lemons from northwest 
Argentina into the continental United States. A systems approach to 
pest risk mitigation would provide phytosanitary protection against 
pests of quarantine significance. Economic effects of the rule for both 
U.S. producers and consumers are not expected to be significant. While 
producers' welfare would be negatively affected, welfare gains for 
consumers would outweigh producer losses, resulting in a net benefit to 
the U.S. economy.
    In the United States, commercial lemon production takes place in 
California and Arizona. For the 2013/14 season, lemon-bearing acres 
totaled 54,500 (California 46,000, Arizona 8,500). In the same season, 
the value of U.S. production of lemons was $647 million, 92 percent 
earned by California's growers and 8 percent by Arizona's growers. Over 
the five seasons, 2008/09 to 2012/13, U.S. fresh lemon production 
averaged about 497,350 metric tons (MT) per year. Over the same period, 
annual imports averaged about 45,751 MT and exports averaged about 
95,574 MT. Because of the provisions of the rule, we expect that most 
lemons will be exported from April 1 to August 31, a period that 
coincides roughly with the months in which U.S. lemon exports are 
declining and imports are increasing.
    Effects of the proposed rule are estimated using a partial 
equilibrium model of the U.S. lemon sector. Annual imports of fresh 
lemon from Argentina are expected to range between 15,000 and 20,000 
MT, with volumes averaging 18,000 MT. Quantity, price, and welfare 
changes are estimated for these three import scenarios.
    If the United States were to import 18,000 MT of fresh lemon from 
Argentina and there were no displacement of lemon imports from other 
countries, the price would decrease by an estimated 4 percent. Consumer 
welfare gains of about $25 million would outweigh producer welfare 
losses of about $22 million, resulting in a net welfare gain of about 
$3 million. The 15,000 MT and 20,000 MT scenarios show similar effects.
    More reasonably, partial import displacement would occur, and price 
and welfare effects would be proportional to the net increase in U.S. 
lemon imports. If one-half of the quantity of fresh lemon imported from 
Argentina were to displace U.S. fresh lemon imports from elsewhere, 
then for the 18,000 MT scenario the price decline would be about 2 
percent; consumer welfare gains and producer welfare losses would be 
about $12.2 million and $10.9 million, respectively, yielding a net 
welfare benefit of about $1.3 million.
    The majority of businesses that may be affected by the proposed 
rule are small entities, including lemon producers, packers, 
wholesalers, and related establishments. APHIS welcomes public comment 
in order to better determine the extent to which U.S. small entities 
may be affected by this proposed rule.

Executive Order 12988

    This proposed rule would allow lemons to be imported into the 
continental United States from northwest Argentina. If this proposed 
rule is adopted, State and local laws and regulations regarding lemons 
imported under this rule would be preempted while the fruit is in 
foreign commerce. Fresh lemons 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-
2014-0092. Please send a copy of your comments to: (1) Docket No. 
APHIS-2014-0092, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238, 
and (2) Clearance Officer, OCIO, USDA, Room 404-W, 14th Street and 
Independence Avenue SW., Washington, DC 20250.
    This proposed rule would allow the importation of lemons from 
northwest Argentina that have been produced in accordance with the 
requirements of a systems approach. This action would

[[Page 28763]]

require information collection activities, such as an operational 
workplan, production site and packinghouse registration and 
recertification, pest-free determination, recordkeeping, monitoring of 
traps, NPPO inspection, identification, treatment records, and a 
phytosanitary certificate.
    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 0.07356 hours per response.
    Respondents: Producers, importers of lemons, the NPPO of Argentina.
    Estimated annual number of respondents: 76.
    Estimated annual number of responses per respondent: 52.40.
    Estimated annual number of responses: 3,983.
    Estimated total annual burden on respondents: 293 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 EGovernment 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 for 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.

0
2. Section 319.28 is amended as follows:
0
a. In paragraph (a)(1), by removing the words ``(except for the States 
of Catamarca, Jujuy, Salta, and Tucum[aacute]n, which are considered 
free of citrus canker)''.
0
b. In paragraph (a)(2), by removing the word ``Argentina,''.
0
c. By redesignating paragraphs (e) through (i) as paragraphs (f) 
through (j), respectively, and adding a new paragraph (e).
    The addition reads as follows:


Sec.  319.28  Notice of quarantine.

* * * * *
    (e) The prohibition does not apply to lemons (Citrus limon (L.) 
Burm. f.) from northwest Argentina that meet the requirements of Sec.  
319.56-76.
* * * * *
0
5. Section 319.56-76 is added to read as follows:


Sec.  319.56-76  Lemons from northwest Argentina.

    Fresh lemons (Citrus limon (L.) Burm. f.) may be imported into the 
continental United States from northwest Argentina (the Provinces of 
Catamarca, Jujuy, Salta, and Tucum[aacute]n) only under the conditions 
described in this section. These conditions are designed to prevent the 
introduction of the following quarantine pests: Brevipalpus chilensis, 
the Chilean false red mite; B. californicus, the citrus flat mite, B. 
obovatus, the scarlet tea mite, and B. phoenicis, the false spider mite 
(referred to in this section as ``Brevipalpus spp. mites''); Ceratitis 
capitata, the Mediterranean fruit fly; Cryptoblabes gnidiella, the 
honeydew moth; Elsino[euml] australis, the causal agent of sweet orange 
scab disease; Gymnandrosoma aurantianum (Lima), the citrus borer; and 
Xanthomonas citri subsp. citri (ex Hasse) Gabriel et al., the causal 
agent of citrus canker disease.
    (a) General requirements--(1) Operational workplan. The national 
plant protection organization (NPPO) of Argentina must provide an 
operational workplan to APHIS that details the activities that the NPPO 
of Argentina and places of production and packinghouses registered with 
the NPPO of Argentina will, subject to APHIS' approval of the workplan, 
carry out to meet the requirements of this section. The operational 
workplan must include and describe the specific requirements as set 
forth in this section. APHIS will be directly involved with the NPPO of 
Argentina in monitoring and auditing implementation of the systems 
approach.
    (2) Registered places of production. The fresh lemons considered 
for export to the continental United States must be grown by places of 
production that are registered with the NPPO of Argentina and that have 
been determined to be free from B. chilensis in accordance with this 
section.
    (3) Registered packinghouses. The lemons must be packed for export 
to the continental United States in pest-exclusionary packinghouses 
that are registered with the NPPO of Argentina.
    (4) Recordkeeping. The NPPO of Argentina must maintain all forms 
and documents pertaining to registered places of production and 
packinghouses for at least 1 year and, as requested, provide them to 
APHIS for review. Based on APHIS' review of records, APHIS may monitor 
places of production and packinghouses, as APHIS deems warranted.
    (5) Commercial consignments. Lemons from Argentina can be imported 
to the continental United States in commercial consignments only. For 
purposes of this section, fruit in a commercial consignment must be 
practically free of leaves, twigs, and other plant parts, except for 
stems less than 1 inch long and attached to the fruit.
    (6) Identification. The identity of the each lot of lemons from 
Argentina must be maintained throughout the export process, from the 
place of production to the arrival of the lemons at the port of entry 
into the continental United States. The means of identification that 
allows the lot to be traced back to its place of production must be 
authorized by the operational workplan.
    (7) Harvesting restrictions or treatment for fruit flies. Lemons 
from Argentina must be harvested green and within the time period of 
April 1 and August 31. If they are harvested yellow

[[Page 28764]]

or harvested outside of this time period, they must be treated for C. 
capitata in accordance with part 305 of this chapter and the 
operational workplan.
    (8) Safeguarding. Lots of lemons destined for export to the 
continental United States must be safeguarded during movement from 
registered places of production to registered packinghouses as 
specified by the operational workplan.
    (9) Phytosanitary certificate. Each consignment of lemons imported 
from Argentina into the continental United States must be accompanied 
by a phytosanitary certificate issued by the NPPO of Argentina with an 
additional declaration stating that the requirements of this section 
have been met and that the consignments have been inspected and found 
free of Brevipalpus spp. mites, B. chilensis, C. capitata, C. 
gnidiella, and G. aurantianum.
    (b) Place of production requirements. (1) Prior to each harvest 
season, registered places of production of lemons destined for export 
to the continental United States must be determined by APHIS and the 
NPPO of Argentina to be free from B. chilensis based on biometric 
sampling conducted in accordance with the operational workplan. If a 
single live B. chilensis mite is discovered as a result of such 
sampling, the place of production will not be considered free from B. 
chilensis. Each place of production will have only one opportunity per 
harvest season to be considered free of B. chilensis, and certification 
of B. chilensis freedom will only last one harvest season.
    (2) Places of production must remove plant litter and fallen debris 
from groves in accordance with the operational workplan. Fallen fruit 
may not be included in field containers of fruit brought to the 
packinghouse to be packed for export.
    (3) Places of production must trap for C. capitata in accordance 
with the operational workplan. The NPPO must keep records regarding the 
placement and monitoring of all traps, as well as records of all pest 
detections in these traps, and provide the records to APHIS, as 
requested.
    (4) Places of production must carry out any additional grove 
sanitation and phytosanitary measures specified for the place of 
production by the operational workplan.
    (5) The NPPO of Argentina must visit and inspect registered places 
of production regularly throughout the exporting season for signs of 
infestations. These inspections must start no more than 30 days before 
harvest and continuing until the end of the export season. The NPPO of 
Argentina must allow APHIS to monitor these inspections. The NPPO of 
Argentina must also provide records of pest detections and pest 
detection practices to APHIS. Before any place of production may export 
lemons to the continental United States pursuant to this section, APHIS 
must review and approve of these practices.
    (6) If APHIS or the NPPO of Argentina determines that a registered 
place of production has failed to follow the requirements in this 
paragraph (b), the place of production will be excluded from the export 
program until APHIS and the NPPO of Argentina jointly agree that the 
place of production has taken appropriate remedial measures to address 
the plant pest risk.
    (c) Packinghouse requirements. (1) During the time registered 
packinghouses are in use for packing lemons for export to the 
continental United States, the packinghouses may only accept lemons 
that are from registered places of production and that have been 
produced in accordance with the requirements of this section.
    (2) Lemons destined for export to the continental United States 
must be packed within 24 hours of harvest in a registered pest-
exclusionary packinghouse or stored in a degreening chamber in the 
registered pest-exclusionary packinghouse. Lemons must be packed for 
shipment to the continental United States in insect-proof cartons or 
containers, or covered with insect-proof mesh or plastic tarpaulin. 
These safeguards must remain intact until the lemons arrive in the 
United States, or the consignment will not be allowed to enter the 
United States.
    (3) Prior to packing, the lemons must be washed, brushed, and 
surface disinfected for E. australis and X. citri and in accordance 
with the operational workplan, treated with an APHIS-approved 
fungicide, and waxed.
    (4) After treatment, the NPPO of Argentina or officials authorized 
by the NPPO of Argentina must visually inspect a biometric sample of 
each consignment for quarantine pests, wash the lemons in this sample, 
and inspect the filtrate for B. chilensis in accordance with the 
operational workplan. A portion of the lemons must then be cut open and 
inspected for evidence of quarantine pests.
    (i) If a single C. gnidiella or G. aurantianum in any stage of 
development is found on the lemons, the entire consignment is 
prohibited from export to the United States, and the registered place 
of production that produced the lemons is suspended from the export 
program until APHIS and the NPPO of Argentina jointly agree that the 
place of production has taken appropriate remedial measures to address 
plant pest risk.
    (ii) If a single B. chilensis or Brevipalpus spp. mite in any stage 
of development is found on the lemons, the entire consignment is 
prohibited from export, and the registered place of production that 
that produced the lemons may be suspended from the export program, 
pending an investigation.
    (iii) If a single immature Medfly is found in or with the lemons, 
the lemons must be treated in accordance with part 305 of this chapter 
and the operational workplan. Additionally, the registered place of 
production that produced the lemons in the consignment may be suspended 
from the export program, pending an investigation.
    (5) If APHIS or the NPPO of Argentina determines that a registered 
packinghouse has failed to follow the requirements in this paragraph 
(c), the packinghouse will be excluded from the export program until 
APHIS and the NPPO of Argentina jointly agree that the packinghouse has 
taken appropriate remedial measures to address the plant pest risk.
    (d) Port of entry requirements. Consignments of lemons from 
Argentina will be inspected at the port of entry into the United 
States. If any quarantine pests are discovered on the lemons during 
inspection, the entire lot in which the quarantine pest was discovered 
will be subject to appropriate remedial measures to address this risk.

    Done in Washington, DC, this 4th day of May 2016.
Michael L. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-10957 Filed 5-9-16; 8:45 am]
 BILLING CODE 3410-34-P