[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Rules and Regulations]
[Pages 45955-45957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21185]



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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. 190 / Tuesday, October 3, 2017 / 
Rules and Regulations  

[[Page 45955]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0052]
RIN 0579-AE26


Importation of Fresh Persimmons From New Zealand 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 persimmons from 
New Zealand into the United States. As a condition of entry, the 
persimmons must be produced in accordance with a systems approach that 
includes requirements for orchard certification, orchard pest control, 
post-harvest safeguards, fruit culling, traceback, sampling, and 
treatment with either hot water or modified atmosphere treatment. 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 systems approach 
and were inspected and found to be free of quarantine pests in 
accordance with the requirements. This action allows the importation of 
fresh persimmons from New Zealand while continuing to protect against 
the introduction of plant pests into the United States.

DATES: Effective November 2, 2017.

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 319.56-79, 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.
    On August 26, 2016, we published in the Federal Register (81 FR 
58870-58873, Docket No. APHIS-2015-0052) a proposal \1\ to amend the 
fruits and vegetables regulations to allow the importation of fresh 
persimmons (Diospyros kaki Thunb.) from New Zealand into the United 
States. As a condition of entry, the persimmons would have to be 
produced in accordance with a systems approach that includes 
requirements for orchard certification, orchard pest control, post-
harvest safeguards, fruit culling, traceback, sampling, and treatment 
with either hot water or modified atmosphere treatment. 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 systems approach and were inspected and 
found to be free of quarantine pests in accordance with the proposed 
requirements.
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    \1\ To view the proposed rule, supporting documents, and the 
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0052.
---------------------------------------------------------------------------

    We solicited comments concerning our proposal for 60 days ending 
October 25, 2016. We received two comments by that date, from a private 
citizen and the national plant protection organization (NPPO) of New 
Zealand. One commenter generally objected to the importation of all 
fruits and vegetables into the United States, but did not otherwise 
address any issues germane to the proposal. The other comment is 
discussed in greater detail below.
    In paragraph (d)(3) of the proposal, we proposed to require that 
diseased or insect-infested fruit and fruit with surface pests be 
culled either before or during packing and removed from the 
packinghouse. We also proposed to require that the culling include any 
damaged or deformed fruit. The NPPO of New Zealand stated that the 
removal of deformed fruit is a grading concern rather than a 
phytosanitary issue.
    We disagree. As explained in the proposed rule, deformed fruit is 
more susceptible to infestation, as is damaged fruit.
    In paragraph (d)(4), we proposed to require that shipping 
containers be marked to identify the place of production and 
packinghouse from which the consignment of fruit originated. The NPPO 
of New Zealand asked for clarification of the term ``final shipping 
container,'' which we used in the preamble of the proposed rule. The 
NPPO stated that each individual packed unit of New Zealand persimmons 
will be marked to identify the place of production and packinghouse 
from which the packed unit of fruit originated.
    Our use of the term ``final shipping container'' was intended to 
refer to the individually packed units of the consignment and not the 
container in which the individually packed units are shipped. We have 
amended the text of paragraph (d)(4) to clarify that.
    In paragraph (e), we proposed to require that inspectors from the 
NPPO of New Zealand visually inspect a sample of fruit from each 
consignment at a rate jointly agreed upon by the Animal and Plant 
Health Inspection Service (APHIS) and the NPPO of New Zealand, and cut 
fruit to inspect for quarantine pests that are internal feeders. The 
NPPO of New Zealand stated that, because there are no quarantine pests 
that are internal feeders on persimmons in New Zealand, cutting of 
fruit is not necessary.
    As described in the pest risk assessment, there are seven 
Lepidoptera pests of quarantine significance present in New Zealand 
that could be introduced into the United States through the importation 
of fresh persimmons. The larvae of some or all of these pests, which 
are classified as leafroller moths, may bore into the fruit and feed 
internally. Evidence of infestation, including entrance holes and 
frass, would easily be detected during visual inspection except for the 
extensive calyx on persimmon fruit. Therefore, we proposed to require 
fruit cutting as an addition to visual inspection. We agree that fruit 
cutting is not necessary as long as the area of the fruit under the 
calyx is thoroughly examined for the presence of internally

[[Page 45956]]

feeding pests. Therefore, we are amending the language in paragraph (e) 
to state that fruit cutting will be required only when visual evidence 
of internally feeding insects is discovered.
    In paragraph (c)(2), we proposed to require that the NPPO of New 
Zealand or its approved designee visit and inspect the places of 
production monthly beginning at blossom drop and continuing until the 
end of the shipping season for quarantine pests. In paragraph (f), we 
also proposed that the persimmons be treated with hot water treatment 
or with modified atmosphere treatment by being packed in semi-permeable 
polymeric bags and stored at 0 [deg]C for a minimum of 28 days. The 
NPPO of New Zealand stated that, because the persimmons will undergo a 
28-day cold treatment prior to export, by the time persimmons are 
shipped, there will not be any persimmons in the place of production to 
inspect.
    We agree with the commenter and are amending paragraph (c)(2) to 
state that inspection of places of production will continue until the 
end of the harvest season rather than the end of the shipping season.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
changes discussed in this document.

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 is not a regulatory action under 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.
    APHIS is amending the regulations in 7 CFR 319.56, to allow the 
importation of fresh persimmon fruit (Diospyros kaki) into the entire 
United States from New Zealand subject to a systems approach. Most U.S. 
persimmon production takes place in California, where the 2011 value of 
production totaled about $13.6 million. The most recent data on U.S. 
persimmon imports show a total value of about $4.4 million in 2015.
    The wholesale value of the persimmon fruit for which New Zealand 
has requested import access will be about $90,000 initially. The value 
of future imports is forecast to reach about $330,000, or about 2 
percent of the U.S. persimmon market.
    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 New 
Zealand'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 persimmons to be imported into the 
United States from New Zealand. State and local laws and regulations 
regarding fresh persimmons 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 information collection or 
recordkeeping requirements included in this final rule, which were 
filed under 0579-0456, 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 final 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 319.56-80 is added to read as follows:


Sec.  319.56-80  Persimmons from New Zealand.

    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 
quarantine pests Colletotrichum horii B. Weir & P.R. Johnst., Cnephasia 
jactatana (Walker), Cryptosporiopsis actinidiae P.R. Johnst., M.A. 
Manning & X. Meier, Ctenopseustis herana (Felder and Rogenhofer), 
Ctenopseustis obliquana (Walker), Epiphyas postvittana (Walker), 
Planotortrix excessana (Walker), Sperchia intractana (Walker), and 
Stathmopoda skelloni (Butler).
    (a) Operational workplan. The national plant protection 
organization (NPPO) of New Zealand must provide an operational workplan 
to APHIS that details the activities that the NPPO of New Zealand 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.
    (b) Commercial consignments. Persimmons from New Zealand may be 
imported in commercial consignments only.
    (c)(1) Place of production requirements. All places of production 
that participate in the export program must be approved by and 
registered with the New Zealand NPPO in accordance with the 
requirements of the operational workplan.

[[Page 45957]]

    (2) The NPPO of New Zealand or its approved designee must visit and 
inspect the places of production monthly beginning at blossom drop and 
continuing until the end of the harvest season for quarantine pests. 
Appropriate pest controls must be applied in accordance with the 
operational workplan. If the NPPO of New Zealand 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 New Zealand conduct an 
investigation and appropriate remedial actions have been implemented.
    (d)(1) Packinghouse requirements. All packinghouses that 
participate in the export program must be approved by and registered 
with the New Zealand NPPO in accordance with the requirements of the 
operational workplan.
    (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 places of production and the fruit 
must be segregated from fruit intended for other markets.
    (3) All diseased or insect-infested fruit and fruit with surface 
pests must be culled either before or during packing and removed from 
the packinghouse. Culling must also include any damaged or deformed 
fruit.
    (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 New Zealand must monitor packinghouse operations to 
verify that the packinghouses are complying with the requirements of 
the systems approach. If the NPPO of New Zealand 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 New Zealand conduct an investigation 
and appropriate remedial actions have been implemented.
    (e) Sampling. Inspectors from the NPPO of New Zealand must inspect 
a biometric sample of the fruit from each consignment at a rate jointly 
agreed upon by APHIS and the NPPO of New Zealand. 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 the Lepidoptera pests of concern when visual signs of 
the internal feeders are present. If quarantine pests are detected in 
this inspection, the consignment will be prohibited entry into the 
United States.
    (f) Treatment. Each consignment of persimmons must be subjected to 
a post-harvest treatment by either:
    (1) Hot water treatment. The persimmons are held for 20 minutes in 
hot water at 50 [deg]C (122[emsp14][deg]F); or
    (2) Modified atmosphere treatment. The persimmons are packed in 
semi-permeable polymeric bags and stored at 0 [deg]C for a minimum of 
28 days.
    (g) Phytosanitary certificate. Each consignment of persimmons must 
be accompanied by a phytosanitary certificate of inspection issued by 
the New Zealand NPPO with an additional declaration stating that the 
fruit in the consignment were grown, packed, and inspected and found to 
be free of quarantine pests in accordance with the requirements of the 
systems approach. (Approved by the Office of Management and Budget 
under control number 0579-0456)

    Done in Washington, DC, this 27th day of September 2017.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2017-21185 Filed 10-2-17; 8:45 am]
 BILLING CODE 3410-34-P