[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Rules and Regulations]
[Pages 42727-42729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19226]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
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  Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / 
Rules and Regulations  

[[Page 42727]]



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: Final rule.

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SUMMARY: We are amending 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 
persimmon must be produced in accordance with a systems approach that 
includes requirements for orchard certification, orchard pest control, 
post-harvest safeguards, fruit culling, traceback, and sampling. The 
persimmons will 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. 
This action will 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: Effective October 12, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. David Lamb, Senior Regulatory 
Policy Coordinator, Regulatory Policy and Coordination, PPQ, APHIS, 
4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-2103.

SUPPLEMENTARY INFORMATION: 

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-78, referred to below as the regulations), the 
Animal and Plant Health Inspection Service (APHIS) prohibits or 
restricts the importation of fruits and vegetables into the United 
States from certain parts of the world to prevent plant pests from 
being introduced into or disseminated within the United States.
    On August 30, 2016, we published in the Federal Register (81 FR 
59522-59526, Docket No. APHIS-2015-0098) a proposal \1\ to amend the 
regulations to allow the importation of fresh persimmon with calyxes 
from Japan into the United States under a systems approach that 
includes requirements for orchard certification, orchard pest control, 
post-harvest safeguards, fruit culling, traceback, and sampling.
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    \1\ To view the proposed rule, pest risk analysis (PRA), risk 
management document (RMD), and the comments we received, go to 
https://www.regulations.gov/docket?D=APHIS-2015-0098.
---------------------------------------------------------------------------

    We solicited comments concerning our proposal for 60 days ending 
October 31, 2016. We received three comments by that date, from members 
of the public and the Hawaii Department of Agriculture (HDOA). The 
comments are discussed below.
    One commenter requested that we not allow any biological materials 
into the United States to eliminate the risks associated with exotic 
plant pests and diseases. Another commenter asked if the demand for 
persimmon with calyxes was high enough in the United States to justify 
the risks associated with the importation of the fruit from Japan. The 
commenter suggested that our resources would be better invested in the 
domestic production of fresh persimmon fruit.
    Under the Plant Protection Act (PPA), APHIS' primary charge with 
regard to international import trade is to identify and manage the 
phytosanitary risks associated with importing commodities. When we 
determine that the risk associated with the importation of a commodity 
can be successfully mitigated, it is our responsibility to make 
provisions to import that commodity. For the reasons explained in the 
RMD and the proposed rule, we have determined that the phytosanitary 
measures required by this rule are sufficient to mitigate the risks 
associated with the importation of persimmons from Japan.
    The HDOA requested that fresh persimmon with calyxes from Japan be 
fumigated with an appropriate and effective chemical prior to 
importation to mitigate the risks associated with several pests like 
Pseudococcus cryptus and Scirtothrips dorsalis, which are two pests 
associated with Japanese persimmon that are found in certain regions of 
Hawaii. Alternatively, the HDOA requested that the proposal only apply 
to the continental United States, keeping in place the prohibition on 
the importation of persimmon with calyxes from Japan into Hawaii.
    The PRA rated P. cryptus and S. dorsalis as having `High' risk for 
all of the United States (including Hawaii). The risk mitigation 
measures considered this and concluded that the systems approach was 
adequate to address the risk associated with the importation of 
persimmon with calyxes from Japan and, therefore, fumigation is not a 
necessary mitigation option. As discussed in the RMD, the pest control 
used for persimmons in Japan will follow the guidelines jointly agreed 
to by APHIS and the national plant protection organization (NPPO) of 
Japan and will include inspections and oversight. These guidelines are 
mandatory for persimmon producers in Japan who wish to export their 
persimmons to the United States. As such, we have determined that the 
systems approach will be effective at mitigating the risk of these 
quarantine pests following the pathway and being introduced into Hawaii 
or any other State and that it is not necessary to limit consignments 
to the continental United States.
    The HDOA also noted that persimmons in Hawaii are commercially 
produced and cultivated as a specialty crop, with the fruit retailing 
locally for higher than the projected price of persimmons from Japan, 
which could negatively impact Hawaii's persimmon industry.
    The U.S. Department of Agriculture's weekly records on advertised 
fruit and vegetable retail prices confirm that retail prices of fresh 
persimmon sold in Hawaii sharply increase every January, generally from 
below $2 per pound in December to over $5 per pound in January. 
However, given Japan's premium export prices and limited

[[Page 42728]]

export volumes, impacts of the rule on retail prices of fresh persimmon 
in Hawaii are expected to be minor.
    The HDOA expressed concern that proposed Sec.  319.56-76(c)(2) does 
not explain how persimmons produced in accordance with the regulations 
would be segregated from persimmons that are not produced in accordance 
with those requirements. Additionally, the HDOA expressed concern that 
the sanitation practices of packinghouses that process different lots 
of persimmons are omitted from the requirements.
    The NPPO of Japan and APHIS will develop an operational workplan 
that details the activities that the packinghouses will carry out to 
meet the requirements of the systems approach. The operational workplan 
will include detailed segregation and sanitation protocols to ensure 
that all consignments intended for importation into the United States 
are free from quarantine pests and disease.
    Therefore, for the reasons discussed in the proposed rule, we are 
adopting the proposed rule as a final rule without change.

    Note:  In the proposed rule, the system approach for persimmons 
with calyxes from Japan was designated as Sec.  319.56-76; however, 
that section has since been utilized. Therefore, the systems 
approach will be added as Sec.  319.56-79.

Executive Orders 12866 and 13771 and Regulatory Flexibility Act

    This final 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. Further, because this rule is 
not significant, it does not trigger the requirements of Executive 
Order 13771.
    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 
on the Regulations.gov Web site (see footnote 1 in this document for a 
link to Regulations.gov) or by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
    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 in 2014 totaled 1,757 MT valued at about $3 million, $2 million 
of which were imported from Israel and $0.4 million from Spain. The 
United States is a net exporter of fresh persimmon, 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 
persimmon (about 0.2 percent of production) was exported in 2014, 
totaling about 578 MT and valued at $2.4 million, primarily to 
Southeast Asia. The average export price of fresh persimmon from Japan 
was $4.13 per 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 per KG in 2014, and the average farm-gate price 
for persimmon produced in California, about $1.11 per KG in 2013. The 
wide price differential between persimmon exported from Japan and 
persimmon imported or produced by the United States suggests that the 
competitiveness of persimmon from Japan in the U.S. market will be 
limited.
    Japan's Ministry of Agriculture, Forestry and Fisheries expects 30 
to 50 MT of fresh persimmons to be exported to the United States in the 
first year, and the same or additional amounts in following years. This 
level of imports, valued at about $124,000 to $207,000 based on the 
average export price of $4.13 per KG in 2014, would have little 
economic impact on U.S. entities, large or small, all the more so given 
their likely high price compared to the average price of persimmons 
imported from elsewhere.
    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 rule for these entities will 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 will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final rule allows fresh persimmon with calyxes to be imported 
into the United States from Japan. State and local laws and regulations 
regarding persimmon with calyxes imported under this rule will be 
preempted while the fruit is in foreign commerce. Fresh fruits are 
generally imported for immediate distribution and sale to the consuming 
public, and 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. 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 new requirements included in this 
final rule, which were filed under 0579-0455, have been submitted for 
approval to the Office of Management and Budget (OMB). When OMB 
notifies us of its decision, if approval is denied, we will publish a 
document in the Federal Register providing notice of what action we 
plan to take.

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 rule, please contact Ms. Kimberly Hardy, 
APHIS' Information Collection Coordinator, at (301) 851-2483.

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 are amending 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 319.56-79 is added to read as follows:


Sec.  319.56-79  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),

[[Page 42729]]

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 acaciae (Thumen) Yokoyama & Kaneko, Pestalotiopsis 
crassiuscula Steyaert, Phoma kakivora Hara, and Phoma loti Cooke; 
Ponticulothrips diospyrosi (Haga & Okajima), a thrip; Pseudococcus 
cryptus (Hempel), a mealybug; Scirtothrips dorsalis (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 must visit and inspect the place of 
production monthly beginning at blossom drop and continuing until the 
end of the shipping season for quarantine pests. Appropriate pest 
controls must be applied in accordance with the operational workplan. 
If 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 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 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 systems approach. 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 appropriate 
remedial actions have been implemented.
    (d) Sampling. Inspectors from the NPPO of Japan must inspect a 
biometric sample of the fruit from each consignment at a rate to be 
determined by APHIS. The inspectors must visually inspect for 
quarantine pests listed in the operational workplan required by 
paragraph (a) of this section and must cut fruit 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 319.56-79.

(Approved by the Office of Management and Budget under control 
number 0579-0455)

    Done in Washington, DC, this 6th day of September 2017.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2017-19226 Filed 9-11-17; 8:45 am]
 BILLING CODE 3410-34-P