[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Proposed Rules]
[Pages 59522-59526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20724]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0098]
RIN 0579-AE27


Importation of Fresh Persimmon With Calyxes From Japan Into the 
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 
persimmon with calyxes from Japan into the United States. As a 
condition of entry, the persimmons would have to be produced in 
accordance with a systems approach that would include requirements for 
orchard certification, orchard pest control, post-harvest safeguards, 
fruit culling, traceback, and sampling. The persimmons would also have 
to be accompanied by a phytosanitary certificate with an additional 
declaration stating that they were produced under, and meet all the 
components of, the agreed upon systems approach and were inspected and 
found to be free of quarantine pests in accordance with the proposed 
requirements. This action would allow the importation of fresh 
persimmons with calyxes from Japan 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 31, 2016.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0098.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2015-0098, 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-
0098 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.,

[[Page 59523]]

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. David B. Lamb, Senior Regulatory 
Policy Specialist, IRM, PPQ, APHIS, 4700 River Road, Unit 133, 
Riverdale, MD 20737-1231; (301) 851-2103.

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 Japan has 
requested that the Animal and Plant Health Inspection Service (APHIS) 
amend the regulations to allow fresh persimmons (Diospyros kaki Thunb.) 
with calyxes from Japan to be imported into the United States. As part 
of our evaluation of Japan's request, we prepared a pest risk 
assessment (PRA) and a risk management document (RMD). Copies of the 
PRA and the 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).
    The PRA, titled ``Importation of Persimmon, Diospyros kaki Thunb., 
as Fresh Fruit with Calyxes from Japan into the United States,'' 
(January 3, 2013) evaluates the risks associated with the importation 
of fresh persimmons from Japan into the United States. The RMD relies 
upon the findings of the PRA to determine the phytosanitary measures 
necessary to ensure the safe importation into the United States of 
fresh persimmons from Japan.
    The PRA identified 19 pests of quarantine significance present in 
Japan that could be introduced into the United States through the 
importation of fresh persimmons. They are:
    Arthropods:
     A mite, Tenuipalpus zhizhilashviliae (Reck);
     The moths Conogethes puntiferalis (Guen[eacute]e), 
Homonopsis illotana (Kennel), Lobesia aeolopa (Meyrick), and 
Stathmopoda masinissa (Meyrick);
     The mealybugs Crisicoccus matsumotoi (Siraiwa) and 
Pseudococcus cryptus (Hempel); and
     The thrips Ponticulothrips diospyrosi (Haga & Okajima), 
Scirtothrips dorsalis (Hood), and Thrips coloratus (Schmutz).
    Fungi:
     Adisciso kaki Yamamoto;
     Colletotrichum horii B. Weir & P.R. Johnst;
     Cryptosporiopsis kaki (Hara) Weinlm;
     Mycosphaerella nawae Hiura & Ikata;
     Pestalotia diospyri Syd. and P. Syd.;
     Pestalotiopsis acacia (Thumen) Yokoyama & Kaneko;
     Pestalotiopsis crassiuscula Steyaert;
     Phoma kakivora Hara; and
     Phoma loti Cooke.
    A quarantine pest is defined in Sec.  319.56-2 of the regulations 
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. Potential plant pest risks 
associated with the importation of fresh persimmons from Japan into the 
United States were determined by estimating the consequences and 
likelihood of introduction of quarantine pests into the United States 
and ranking the risk potential as high, medium, or low. The PRA 
determined that 6 of the 19 pests--C. punctiferalis, H. illotana, L. 
aeolopa, P. cryptus, S. dorsalis, and P. diospyri--pose a high risk of 
following the pathway of persimmons from Japan into the United States 
and having negative effects on U.S. agriculture. The remaining pests 
were rated as having a medium risk potential.
    Based on the conclusions of the PRA and the RMD, we have determined 
that measures beyond standard port of arrival inspection are required 
to mitigate the risks posed by these plant pests. Therefore, we are 
proposing to allow the importation of persimmons with calyxes from 
Japan into the United States subject to a systems approach. The 
conditions in the systems approach that we are proposing are described 
below. These conditions would be added to the regulations in a new 
Sec.  319.56-76.

General Requirements

    Proposed paragraph (a)(1) of Sec.  319.56-76 would require the NPPO 
of Japan 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. The operational workplan would have to include and describe in 
detail the quarantine pest survey intervals and other specific 
requirements in proposed Sec.  319.56-76.
    An operational workplan is an agreement 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 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.
    Proposed paragraph (a)(2) would require persimmons from Japan to be 
imported only in commercial consignments. Produce grown commercially is 
less likely to be infested with plant pests than noncommercial 
consignments. Noncommercial consignments are more prone to infestations 
because the commodity is often ripe to overripe, 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 
packing, identification of grower or packinghouse on the packaging, and 
documents consigning the fruits or vegetables to a wholesaler or 
retailer.

Place of Production Requirements

    Proposed paragraph (b)(1) would require that all places of 
production participating in the persimmon export program be approved by 
and registered with the NPPO of Japan.
    Paragraph (b)(2) would require the NPPO of Japan or its approved 
designee \1\ to visit and inspect the places of production monthly 
beginning at blossom drop and continuing until the end of the shipping 
for quarantine pests. Appropriate pest controls must be applied in 
accordance with the operational workplan. APHIS may also monitor the 
places of production if necessary. If APHIS or the NPPO of

[[Page 59524]]

Japan finds that a place of production is not complying with the 
requirements of the regulations, no fruit from the place of production 
will be eligible for export to the United States until APHIS and the 
NPPO of Japan conduct an investigation and appropriate remedial actions 
have been implemented.
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    \1\ An approved designee is an entity with which the NPPO 
creates a formal agreement that allows that entity to certify that 
the appropriate procedures have been followed. The approved designee 
can be a contracted entity, a coalition of growers, or the growers 
themselves.
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    Paragraph (b)(3) would require that harvested fruit must be 
transported to the packinghouse in containers marked to identify the 
place of production from which the consignment of fruit originated.

Packinghouse Requirements

    We are proposing several requirements for packinghouse activities, 
which would be contained in paragraph (c) of proposed Sec.  319.56-76. 
Paragraph (c)(1) would require that all packinghouses participating in 
the persimmon export program be approved by and registered with the 
NPPO of Japan.
    Paragraph (c)(2) would require that, during the time that the 
packinghouse is in use for exporting persimmons to the United States, 
the packinghouse would only be allowed to accept persimmons from 
approved and registered production sites and that the persimmons be 
segregated from other fruit. This requirement would prevent persimmons 
intended for export to the United States from being exposed to or mixed 
with persimmons or other fruit that are not produced according to the 
requirements of this section.
    Paragraph (c)(3) would require that all damaged, deformed, or 
diseased fruit be culled before or during packing and removed from the 
packinghouse. Fruit with broken or bruised skin or that is deformed is 
more susceptible to infestation by pests than undamaged fruit.
    Under paragraph (c)(4), the boxes or other containers in which the 
fruit is shipped would have to be marked to identify the orchard from 
which the consignment of fruit originated and the packinghouse where it 
was packed. Such box marking would facilitate traceback of a 
consignment of persimmon fruit to the packinghouse in which it was 
packed and place of production in the event that quarantine pests were 
discovered in the consignment after it has left the packinghouse.
    Paragraph (c)(5) would require the NPPO of Japan to monitor 
packinghouse operations to verify that the packinghouses are complying 
with the requirements of the regulations. If the NPPO of Japan finds 
that a packinghouse is not complying with the requirements of the 
regulations, no persimmon fruit from the packinghouse will be eligible 
for export to the United States until APHIS and the NPPO of Japan 
conduct an investigation and both agree that the pest risk has been 
mitigated.

Sampling

    Paragraph (d) of proposed Sec.  319.56-76 would require that a 
biometric sample of persimmon fruit, at a rate determined by APHIS, be 
inspected by the NPPO of Japan following post-harvest processing. The 
biometric sample would be visually inspected for signs of pests or 
disease, and a portion of the fruit, as determined by APHIS, would be 
cut open to detect internally feeding pests. If quarantine pests are 
found during sampling, the consignment of fruit would be prohibited 
from export to the United States.

Phytosanitary Certificate

    To certify that the fresh persimmon fruit from Japan has been grown 
and packed in accordance with the requirements of proposed Sec.  
319.56-76, paragraph (e) would require each consignment of fruit to be 
accompanied by a phytosanitary certificate issued by the NPPO of Japan, 
with an additional declaration stating that they were produced under 
and meet all the components of the regulations and were inspected and 
found to be free of quarantine pests in accordance with the 
requirements.

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).
    APHIS is proposing to amend the regulations to allow the 
importation of fresh persimmon (Diospyros kaki) into the United States 
from Japan subject to a systems approach. Most U.S. persimmon 
production takes place in California, where 2013 production totaled 
about 35,700 metric tons (MT) valued at about $40 million, triple the 
2011 level of production. U.S. persimmon imports totaled 1,757 MT 
valued at about $3 million in 2014, $2 million of which were persimmons 
imported from Israel and $0.4 million from Spain. The United States is 
a net exporter of fresh persimmons, with the value of exports totaling 
about $6 million in 2014.
    Japan's persimmon acreage and production have been gradually 
declining over the last decade. A very small percentage of Japan's 
persimmons (about 0.2 percent of production) was exported in 2014, 
totaling about 578 MT and valued at $2.4 million. The average export 
price of fresh persimmons from Japan was $4.13/kilogram (kg) in 2014. 
This price is considerably higher than the average price paid by the 
United States for fresh persimmon imports, about $1.70/kg in 2014, and 
the average farm-gate price for persimmons produced in California, 
about $1.11/kg in 2013. The wide price differential between persimmons 
exported from Japan and persimmons imported or produced by the United 
States suggests that the competitiveness of persimmons from Japan in 
the U.S. market would be limited.
    The Small Business Administration's (SBA) small-entity standard for 
entities involved in fruit farming is $750,000 or less in annual 
receipts (NAICS 111339). It is probable that most or all U.S. persimmon 
producers are small businesses by the SBA standard. We expect any 
impact of the proposed rule for these entities would be minimal, given 
Japan's expected small share of the U.S. persimmon market.
    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 persimmons to be imported into the 
United States from Japan. If this proposed rule is adopted, State and 
local laws and regulations regarding persimmon 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.

[[Page 59525]]

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 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-2015-0098. Please send a copy of your comments to APHIS using 
one of the methods described under ADDRESSES at the beginning of this 
document.
    APHIS is proposing to amend the regulations concerning the 
importation of fruits and vegetables to allow the importation of fresh 
persimmon with calyxes from Japan into the United States. As a 
condition of entry, the persimmons would have to be produced in 
accordance with a systems approach that would include requirements for 
orchard certification, orchard pest control, post-harvest safeguards, 
fruit culling, traceback, and sampling. The persimmons would also have 
to be accompanied by a phytosanitary certificate with an additional 
declaration stating that they were produced under, and meet all the 
components of, the agreed upon systems approach and were inspected and 
found to be free of quarantine pests in accordance with the proposed 
requirements. Implementing this rule will require information 
collection activities, such as operational workplans, production site 
registration, box markings, inspection, remedial investigations, 
packinghouse registration, monitoring, 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 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 0.0035 hours per response.
    Respondents: Foreign businesses and Japan's NPPO.
    Estimated annual number of respondents: 11.
    Estimated annual number of responses per respondent: 4,553.
    Estimated annual number of responses: 50,087.
    Estimated total annual burden on respondents: 177 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

    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.

0
2. Section 319.56-76 is added to subpart--Fruits and Vegetables read as 
follows:


Sec.  319.56-76  Persimmons with Calyxes from Japan.

    Fresh persimmons (Diospyros kaki Thunb.) may be imported into the 
United States only under the conditions described in this section. 
These conditions are designed to prevent the introduction of the 
following quarantine pests: Adisciso kaki Yamamoto, a fungus; 
Colletotrichum horii B. Weir & P.R. Johnst, a fungus; Conogethes 
puntiferalis (Guen[eacute]e), a yellow peach moth; Crisicoccus 
matsumotoi (Siraiwa), a mealybug; Cryptosporiopsis kaki (Hara) Weinlm, 
a fungus; Homonopsis illotana (Kennel), a moth; Lobesia aeolopa 
(Meyrick), a moth; fungi Mycosphaerella nawae Hiura & Ikata, Pestalotia 
diospyri Syd. and P. Syd., Pestalotiopsis acacia (Thumen) Yokoyama & 
Kaneko, Pestalotiopsis crassiuscula Steyaert, Phoma kakivora Hara, and 
Phoma loti Cooke; Ponticulothrips diospyrosi (Haga & Okajima), a thrip; 
Pseudococcus cryptus (Hempel), a mealybug; Scirtothripsdorsalis (Hood), 
a thrip; Stathmopoda masinissa (Meyrick), a moth; Tenuipalpus 
zhizhilashviliae (Reck), a mite; and Thrips coloratus (Schmutz), a 
thrip.
    (a) General requirements. (1) The national plant protection 
organization (NPPO) of Japan must provide an operational workplan to 
APHIS that details the activities that the NPPO of Japan 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 
quarantine pest survey intervals and other specific requirements as set 
forth in this section.
    (2) Commercial consignments. Persimmons from Japan may be imported 
in commercial consignments only.
    (b) Places of production requirements. (1) All places of production 
that participate in the export program must be approved by and 
registered with the Japan NPPO.
    (2) The NPPO of Japan or its approved designee must visit and 
inspect the place of production monthly beginning at blossom drop and 
continuing until the end of the shipping season for

[[Page 59526]]

quarantine pests. Appropriate pest controls must be applied in 
accordance with the operational workplan. If APHIS or the NPPO of Japan 
finds that a place of production is not complying with the requirements 
of this section, no fruit from the place of production will be eligible 
for export to the United States until APHIS and the NPPO of Japan 
conduct an investigation and both agree that appropriate remedial 
actions have been implemented.
    (3) Harvested fruit must be transported to the packinghouse in 
containers marked to identify the place of production from which the 
consignment of fruit originated.
    (c) Packinghouse requirements. (1) All packinghouses that 
participate in the export program must be approved by and registered 
with the Japanese NPPO.
    (2) During the time the packinghouse is in use for exporting 
persimmons to the United States, the packinghouse may only accept 
persimmons from registered approved production sites and the fruit must 
be segregated from fruit intended for other markets.
    (3) All damaged, deformed, or diseased fruit must be culled at the 
packinghouse.
    (4) Boxes or other containers in which the fruit is shipped must be 
marked to identify the place of production where the fruit originated 
and the packinghouse where it was packed.
    (5) The NPPO of Japan must monitor packinghouse operations to 
verify that the packinghouses are complying with the requirements of 
the regulations. If the NPPO of Japan finds that a packinghouse is not 
complying with the requirements of this section, no fruit from the 
packinghouse will be eligible for export to the United States until 
APHIS and the NPPO of Japan conduct an investigation and both agree 
that appropriate remedial actions have been implemented.
    (d) Sampling. Inspectors from the NPPO of Japan must inspect a 
biometric sample of the fruit, at a rate determined by APHIS, from each 
consignment. The inspectors must visually inspect the biometric sample 
for quarantine pests listed in the operational workplan required by 
paragraph (a) of this section and must cut fruit, at a rate determined 
by APHIS, to inspect for quarantine pests that are internal feeders. If 
quarantine pests are detected in this inspection, the consignment will 
be prohibited from export to the United States.
    (e) Phytosanitary certificate. Each consignment of persimmons must 
be accompanied by a phytosanitary certificate of inspection issued by 
the Japan NPPO with an additional declaration stating that the fruit in 
the consignment were grown, packed, and inspected and found to be free 
of pests in accordance with the requirements of 7 CFR 319.56-76.

    Done in Washington, DC, this 24th day of August 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-20724 Filed 8-29-16; 8:45 am]
 BILLING CODE 3410-34-P