[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Proposed Rules]
[Pages 58867-58869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20507]


 ========================================================================
 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. 81, No. 166 / Friday, August 26, 2016 / 
Proposed Rules  

[[Page 58867]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0053]
RIN 0579-AE22


Importation of Fresh Raspberry Fruit From Morocco 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 regulations concerning the 
importation of fruits and vegetables to allow the importation of fresh 
raspberry fruit from Morocco into the continental United States. As a 
condition of entry, the raspberries would have to be produced under a 
systems approach to mitigate for the fungus Monilinia fructigena and 
would have to be inspected prior to exportation from Morocco and found 
free of this pest. The raspberries would have to be imported in 
commercial consignments only, produced at registered places of 
production, and field inspected for signs of M. fructigena infection no 
more than 30 days prior to harvest in registered packinghouses. The 
raspberries would also have to be accompanied by a phytosanitary 
certificate with an additional declaration stating that the conditions 
for importation have been met. Raspberry consignments would be subject 
to further inspection at the port of entry into the continental United 
States. This action would allow the importation of raspberries from 
Morocco while continuing to protect against the introduction of plant 
pests into the United States.

DATES: We will consider all comments that we receive on or before 
October 25, 2016.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0053.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2015-0053, 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-
0053 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, Imports, Regulations, and Manuals, PPQ, 
APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-
2352.

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 that are new to or not 
widely distributed within the United States.
    The national plant protection organization (NPPO) of Morocco has 
requested that the Animal and Plant Health Inspection Service (APHIS) 
amend the regulations to allow fresh raspberry fruit from Morocco to be 
imported into the continental United States.
    As part of our evaluation of Morocco's request, we prepared a 
pathway initiated pest risk assessment (PRA), titled ``Importation of 
Fresh Fruit of Raspberry (Rubus idaeus L.) into the Continental United 
States from Morocco'' (February 2013). The PRA evaluated the risks 
associated with the importation of raspberries into the continental 
United States from Morocco.
    The PRA identified one pest of quarantine significance present in 
Morocco that could be introduced into the United States through the 
importation of raspberries. According to our PRA, this pest, a fungus 
(Monilinia fructigena Honey ex Whetzel), is rated as high risk 
potential. Pests with high pest risk potential generally require 
measures in addition to inspection at the port of entry to mitigate 
risk.
    APHIS prepared a risk management document (RMD) for the importation 
of fresh raspberry fruit from Morocco that identifies a systems 
approach of specific mitigation measures against the quarantine pest 
and concludes that those measures, along with the general requirements 
for the importation of fruits and vegetable, will be sufficient to 
prevent the introduction of the pest into the continental United 
States. Copies of the PRA and RMD may be obtained from the person 
listed under FOR FURTHER INFORMATION CONTACT or viewed on the 
Regulations.gov Web site (see ADDRESSES above for instructions for 
accessing Regulations.gov).
    Based on the recommendations of the RMD, we are proposing to allow 
the importation of raspberries from Morocco into the continental United 
States only if they are produced in accordance with a systems approach. 
The systems approach we are proposing would be added to the regulations 
in a new Sec.  319.56-76. The proposed measures are described below.

General Requirements

    Paragraph (a) of proposed Sec.  319.56-76 would set out general 
requirements for the NPPO of Morocco and for growers producing fresh 
raspberries for export to the continental United States.
    Paragraph (a)(1) of proposed Sec.  319.56-76 would require the NPPO 
of Morocco 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-
76. An operational workplan is an agreement developed between APHIS' 
Plant Protection and Quarantine program, officials of the NPPO of a 
foreign government, and, when necessary, foreign commercial entities, 
that specifies in detail the phytosanitary measures that will 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

[[Page 58868]]

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.  319.56-76 would state that 
raspberries from Moroccan can be imported in commercial consignments 
only. Produce grown commercially is less likely to be infested with 
plant pests than noncommercial shipments. 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, 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 grower or packinghouse on the packaging, and documents consigning 
the fruits or vegetables to a wholesaler or retailer.

Places of Production Requirements

    Paragraph (b)(1) would require raspberries to be grown at a place 
of production that is registered with the NPPO of Morocco. All 
production sites participating in the raspberry export program would be 
required to register with the NPPO of Morocco. Registering places of 
production would allow APHIS and the NPPO of Morocco to trace back 
consignments of raspberries to the orchard of origin if a pest or 
disease of concern is detected after harvest.
    M. fructigena is the most common cause of fruit rot in the fruit 
orchards in Europe and Asia, causing characteristic brown rot symptoms 
that can easily be identified during visual inspections. Therefore, 
proposed paragraph (b)(2) would require that, no more than 30 days 
prior to harvest, raspberries be inspected in the field by the NPPO of 
Morocco for signs of M. fructigena infection. If the fungal disease is 
detected, the NPPO of Morocco would have to notify APHIS, at which 
point APHIS will prohibit the importation of raspberries into the 
continental United States from the place of production for the 
remainder of the season. The place of production may resume shipments 
of raspberries to the United States in the next growing season if an 
investigation is conducted and APHIS and the NPPO of Morocco agree that 
appropriate remedial actions have been taken.

Packinghouse Requirement

    Paragraph (c)(1) of proposed Sec.  319.56-76 would require that 
raspberries be packed in packinghouses that are registered with the 
NPPO of Morocco. Paragraph (c)(2) would state that the detection of M. 
fructigena infection at a packinghouse may result in the suspension of 
the packinghouse until an investigation is conducted and APHIS and the 
NPPO of Morocco agree to appropriate remedial measures.

Phytosanitary Certificate

    The NPPO of Morocco would be responsible for export certification, 
inspection, and issuance of a phytosanitary certificate. Paragraph (d) 
of proposed Sec.  319.56-76 would require each consignment of 
raspberries imported from Morocco into the continental United States to 
be accompanied by a phytosanitary certificate issued by the NPPO of 
Morocco with an additional declaration stating that the requirements of 
Sec.  319.56-76 have been met and the consignment has been inspected 
and found free of M. fructigena.
    Under the general conditions for the importation of fruits and 
vegetables in Sec.  319.56-3, each consignment of raspberries would be 
subject to further inspection at the port of entry into the United 
States.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget.
    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 proposed rule would allow importation into the continental 
United States of fresh raspberries (Rubus idaeus L.) from Morocco under 
certain phytosanitary restrictions. Morocco produces around 4,000 
metric tons (MT) of fresh raspberries per year. Between 2012 and 2014, 
Morocco exported a yearly average of about 3,650 MT of raspberries, 
mostly to Europe due to proximity and lower shipping costs. Morocco 
expects to export between 200 and 500 MT of fresh raspberries to the 
United States annually. At $1,580 per MT, the estimated value of these 
imports would be between $316,000 and $790,000.
    The majority of U.S. raspberry farms are in three States: 
California, Oregon, and Washington. They are classified within the 
North American Industry Classification System (NAICS) under ``Berry 
except Strawberry Farming'' (NAICS 111334). For this industry 
classification, a business is considered to be a small entity if its 
annual receipts are not more than $750,000. The average 2012 market 
value of fruit crops sold by farms in this category was less than 
$135,000. We infer that most fresh raspberry production is by small 
entities.
    In 2014, U.S. fresh raspberry production totaled 55,130 MT. Annual 
imports from Morocco of between 200 and 500 MT would be the equivalent 
of between 0.4 and 0.9 percent of U.S. fresh raspberry production.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action is not 
expected to affect the economy of the United States or to negatively 
affect producers of raspberries in the United States.

Executive Order 12988

    This proposed rule would allow fresh raspberry fruit to be imported 
into the continental United States from Morocco under a systems 
approach. If this proposed rule is adopted, State and local laws and 
regulations regarding raspberries 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.), reporting and recordkeeping 
requirements included in this proposed rule have been submitted for 
approval to the Office of Management and Budget (OMB). Please send 
comments on the Information Collection Request (ICR) to OMB's

[[Page 58869]]

Office of Information and Regulatory Affairs via email to 
[email protected], Attention: Desk Officer for APHIS, 
Washington, DC 20503. Please state that your comments refer to Docket 
No. APHIS-2015-0053. Please send a copy of your comments to APHIS using 
one of the methods described under ADDRESSES at the beginning of this 
document.
    This proposed rule would amend the fruits and vegetables 
regulations to allow the importation of fresh raspberry fruit from 
Morocco into the continental United States. As a condition of entry, 
the raspberries would have to be produced under a systems approach 
employing a combination of mitigation measures for one quarantine pest 
and would have to be inspected prior to exportation from Morocco and 
found free of this pest. The raspberries would have to be imported in 
commercial consignments and accompanied by a phytosanitary certificate 
with an additional declaration stating that the conditions for 
importation have been met.
    Implementing this rulemaking would require additional information 
collection activities, such as production site and packinghouse 
registration, inspection, operational workplan, and the completion of 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 0.667 hours per response.
    Respondents: Foreign business and the NPPO of Morocco.
    Estimated annual number of respondents: 5.
    Estimated annual number of responses per respondent: 102.6.
    Estimated annual number of responses: 513.
    Estimated total annual burden on respondents: 342 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.)
    A copy of the information collection may be viewed on the 
Regulations.gov Web site or in our reading room. (A link to 
Regulations.gov and information on the location and hours of the 
reading room are provided under the heading ADDRESSES at the beginning 
of this proposed rule.) Copies can also be obtained from Ms. Kimberly 
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727. 
APHIS will respond to any ICR-related comments in the final rule. All 
comments will also become a matter of public record.

E-Government Act Compliance

    APHIS 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.

Lists of Subjects in 7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

    Accordingly, we are proposing 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 319.56-76 is added to read as follows:


Sec.  319.56-76  Fresh raspberries from Morocco.

    Fresh fruit of raspberry (Rubus idaeus L.) may be imported into the 
continental United States from Morocco only under the conditions listed 
in this section. These conditions are designed to prevent the 
introduction of the fungus Monilinia fructigena Honey ex Whetzel.
    (a) General requirements. (1) The national plant protection 
organization (NPPO) of Morocco must develop an operational workplan, 
subject to APHIS approval, that details the activities that the NPPO of 
Morocco would carry out to meet the requirements of this section.
    (2) The raspberries may be imported in commercial consignments 
only.
    (b) Places of production requirements. (1) Raspberry fruit must be 
grown at a place of production that is registered with the NPPO of 
Morocco.
    (2) During the growing season, raspberries must be inspected in the 
field by the NPPO of Morocco for signs of M. fructigena infection no 
more than 30 days prior to harvest. If the fungal disease is detected, 
the NPPO of Morocco must notify APHIS. APHIS will prohibit the 
importation of raspberries from Morocco into the continental United 
States from the place of production for the remainder of the growing 
season. The exportation of raspberries from the rejected place of 
production may resume in the next growing season if an investigation is 
conducted and APHIS and the NPPO of Morocco agree that appropriate 
remedial actions have been taken.
    (c) Packinghouse requirements. (1) Raspberries must be packed in 
packinghouses that are registered with the NPPO of Morocco.
    (2) Detection of M. fructigena infection at a packinghouse may 
result in the suspension of the packinghouse until an investigation is 
conducted and APHIS and the NPPO of Morocco agree to appropriate 
remedial measures.
    (d) Phytosanitary certificate. Each consignment of raspberries must 
be accompanied by a phytosanitary certificate issued by the NPPO of 
Morocco with an additional declaration stating that the conditions of 
this section have been met, and that the consignment has been inspected 
prior to export from Morocco and found free of M. fructigena.

    Done in Washington, DC, this 22nd day of August 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-20507 Filed 8-25-16; 8:45 am]
 BILLING CODE 3410-34-P