[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Proposed Rules]
[Pages 27918-27922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12827]


 ========================================================================
 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. 83, No. 116 / Friday, June 15, 2018 / 
Proposed Rules  

[[Page 27918]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2016-0099]
RIN 0579-AE45


Importation of Fresh Avocado Fruit From Continental Ecuador Into 
the Continental United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the fruits and vegetables 
regulations to allow the importation into the continental United States 
of fresh avocado fruit from continental Ecuador. As a condition of 
entry, fresh avocado fruit from continental Ecuador would have to be 
produced in accordance with a systems approach that would include 
production site registration, field sanitation, packinghouse procedures 
designed to exclude the quarantine pests, and procedures for packing, 
storing, and shipping the avocado fruit. The fruit would also have to 
be imported in commercial consignments, with each consignment 
identified throughout its movement from place of production to port of 
entry in the continental United States. The systems approach for all 
fresh avocado fruit from continental Ecuador, except Hass avocados, 
would also have to include production site pest control measures. 
Consignments would have to be accompanied by a phytosanitary 
certificate issued by the national plant protection organization of 
Ecuador certifying that the fruit was produced in accordance with the 
systems approach. This proposed rule would allow for the importation of 
fresh avocados from continental Ecuador into the continental 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 
August 14, 2018.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0099.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2016-0099, 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-2016-
0099 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 M.S., Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
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 319.56-83, 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 Ecuador has 
requested that the Animal and Plant Health Inspection Service (APHIS) 
amend the regulations to allow fresh avocado (Persea americana Miller) 
from continental Ecuador to be imported into the continental United 
States. As part of our evaluation of Ecuador'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 website 
(see ADDRESSES above for instructions for accessing Regulations.gov).
    The PRA, titled ``Importation of Fresh Avocado Fruit (Persea 
americana Miller) from Continental Ecuador into the Continental United 
States'' (July 18, 2017), evaluates the risks associated with the 
importation of fresh avocado fruit into the continental United States 
from continental Ecuador. The RMD draws upon the findings of the PRA to 
determine the phytosanitary measures necessary to ensure the safe 
importation into the United States of avocado from continental Ecuador.
    The PRA identified four pests of quarantine significance present in 
continental Ecuador that could follow the pathway of consignments of 
fresh avocado imported from continental Ecuador into the continental 
United States:
     The Mediterranean fruit fly (Medfly), Ceratitis capitata 
Wiedemann,
     The South American fruit fly, Anastrepha fraterculus 
Wiedemann,
     The sapote fruit fly, Anastrepha serpentina Wiedemann, and
     The guava fruit fly, Anastrepha striata Schiner.
    A quarantine pest is defined in Sec.  319.56-2 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. Plant pest risk potentials associated with the 
importation of fresh avocado from continental Ecuador into the 
continental United States were derived by estimating the consequences 
and likelihood of introduction of each quarantine pest into the United 
States and ranking the risk potential as High, Medium, or Low. The PRA 
determined that these four quarantine pests pose a medium risk of 
following the pathway of fresh avocado from continental Ecuador into 
the continental United States and having negative effects on U.S. 
agriculture.
    Based on the conclusions of the PRA, we have determined that Hass 
avocados are not hosts of the fruit flies present in Ecuador, while 
other varieties of avocado are considered to be poor hosts to fruit 
flies. Therefore, based on the conclusions of the PRA and RMD, we are 
proposing to allow the importation from continental Ecuador of avocados

[[Page 27919]]

subject to a systems approach. Under a systems approach, a set of 
phytosanitary conditions, at least two of which have an independent 
effect in mitigating the pest risk associated with the movement of 
commodities, is specified, whereby fruits and vegetables may be 
imported into the United States from countries that are not free of 
certain plant pests. For Hass avocados from continental Ecuador, the 
systems approach would be the same as for other varieties of avocado 
except that fruit fly trapping and treatment would not be required.
    We are proposing to add the systems approach for avocado from 
continental Ecuador to the regulations in a new Sec.  319.56-84. The 
specific mitigation measures required in the systems approach for each 
quarantine pest are discussed below, as well as in the risk management 
document.

General Requirements

    Proposed paragraph (a) of Sec.  319.56-84 would require the NPPO of 
Ecuador 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-
84. The operational workplan would have to include and describe in 
detail the quarantine pest survey intervals and other specific 
requirements in proposed Sec.  319.56-84.
    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 (b) of Sec.  319.56-84 would require avocado 
from continental Ecuador 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.

Production Site Requirements

    Paragraph (c)(1) of proposed Sec.  319.56-84 would require that all 
production sites participating in the avocado export program be 
approved by and registered with the NPPO of Ecuador in accordance with 
the requirements of the operational workplan.
    Paragraph (c)(2) of proposed Sec.  319.56-84 would require the NPPO 
of Ecuador to visit and inspect the production sites monthly starting 2 
months before harvest and continue until the end of the shipping 
season. APHIS may also monitor the places of production if necessary. 
If APHIS or the NPPO of Ecuador finds that a place of production is not 
complying with the requirements of the systems approach, no fruit from 
the place of production will be eligible for export to the United 
States until APHIS and the NPPO of Ecuador conduct an investigation and 
appropriate remedial actions have been implemented.
    Paragraph (c)(3) would require that any fallen avocado fruit be 
removed from the production site at least once every 7 days, starting 2 
months before harvest and continuing through the end of the harvest, 
and that fallen fruit may not be included in field containers of fruit 
to be packed for export. Fallen fruit is more susceptible to 
infestation by pests because it may be overripe or damaged.
    Paragraph (c)(4) would require that, for production sites that 
produce non-Hass variety avocados, no other host of Medfly or 
Anastrepha spp. can be grown within 100 meters of the edge of the place 
of production.
    Paragraph (c)(5) would require the NPPO of Ecuador conduct a fruit 
fly trapping program beginning at least 2 months before the beginning 
of harvest and continuing for the duration of the harvest period for 
the detection of Medfly and Anastrepha spp. at each production site 
that produces non-Hass variety avocados. This program would support 
efforts for pest-free production sites within a certified low pest 
prevalence area for fruit flies. Details of the trapping program would 
be specified in the operational workplan.
    Paragraph (c)(6) would require that the NPPO of Ecuador maintain 
records of fruit fly detections for each trap in a non-Hass avocado 
production site and update the records each time the traps are checked. 
The trapping records would have to be maintained for at least 1 year 
and made available for APHIS' review upon request.
    Paragraph (c)(7) would state that, if the number of flies per trap 
per day exceeds levels specified in the operational workplan for more 
than 2 consecutive weeks, the place of production would be prohibited 
from exporting avocados to the continental United States until APHIS 
and the NPPO of Ecuador jointly agree that the risk has been mitigated.
    Paragraph (c)(8) would require that all harvested avocados be 
placed in field cartons or containers that are marked to identify the 
production site from which the consignment of fruit originated. 
Production site registration and container marking would facilitate 
traceback of a consignment of avocado fruit to the production site in 
which it was grown in the event that quarantine pests were discovered 
in the consignment at the port of first arrival into the United States. 
The fruit would have to be moved to the packinghouse within 3 hours of 
harvest or it must be protected from fruit fly infestation until moved.

Packinghouse Requirements

    We are proposing several requirements for packinghouse activities, 
which would be contained in paragraph (d) of proposed Sec.  319.56-84. 
Paragraph (d)(1) would require that all avocados be packed for export 
to the United States in pest-exclusionary packinghouses approved by and 
registered with the NPPO of Ecuador in accordance with the requirements 
of the operational workplan.
    Paragraph (d)(2) would provide that consignments of avocados 
destined for export to the continental United States must be packed 
within 24 hours of harvest and safeguarded during movement from 
registered packinghouses to arrival at the port of entry into the 
continental United States 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 Ecuador. We would require these 
safeguards to remain intact until the consignment's arrival in the 
continental United States or the consignment would

[[Page 27920]]

be denied entry into the continental United States.
    Paragraph (d)(3) would require that all openings to the outside of 
the packinghouse must be covered by screening with openings of not more 
than 1.6 mm or by some other barrier that prevents pests from entering. 
The packinghouse would have to have double doors at the entrance to the 
facility and at the interior entrance to the area where the avocados 
are packed.
    Paragraph (d)(4) would require that, while in use for exporting 
avocado fruit to the continental United States, the packinghouses may 
only accept avocados from registered a pproved production sites and the 
fruit must be segregated from fruit intended for other markets. This 
requirement would prevent such avocados intended for export to the 
continental United States from being exposed to or otherwise mixed with 
avocados that are not produced according to the requirements of the 
systems approach. Avocados 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 introduction of 
quarantine pests into the packinghouses.
    Paragraph (d)(5) would require that the identity and origin of the 
fruit be maintained from the packinghouse through export of 
consignments to the United States. This requirement would ensure that 
APHIS and the NPPO of Ecuador could identify the packinghouse at which 
the fruit was packed if inspectors find quarantine pests in the fruit 
either before export or at the port of entry.

Treatment

    Paragraph (e) would state that, if non-Hass variety avocados are 
ineligible for export under the systems approach due to the place of 
production exceeding the trapping threshold for fruit flies as 
established in the operational workplan, they may still be exported, 
but only after undergoing an APHIS approved treatment in accordance 
with 7 CFR part 305.
    Currently, irradiation treatment under treatment schedule T105-a-1 
is the only treatment approved for all fruit flies and may be used to 
export non-Hass avocados from Ecuador. Under this treatment, the fruit 
must be irradiated with a minimum absorbed dose of 150 Gy to be applied 
upon arrival in the United States and follow the requirements of 7 CFR 
part 305. In the future, when irradiation facilities become available 
in Ecuador, irradiation may be applied in Ecuador as long as the 
treatment follows all requirements of 7 CFR part 305.

Phytosanitary Inspection

    Paragraph (f)(1) would require that a biometric sample of avocados, 
jointly agreed upon by APHIS and the NPPO of Ecuador, be inspected in 
Ecuador by the NPPO following post-harvest processing. The sample would 
have to be visually inspected for all quarantine pests and a portion of 
the fruit would be cut open, if the fruit shows signs of internal 
pests. If any quarantine pests are found, the entire consignment of 
avocados would be prohibited from import into the continental United 
States unless treated using an APHIS-approved treatment in accordance 
with 7 CFR part 305.
    Paragraph (f)(2) would require that fruit presented for inspection 
at a U.S. port of entry be identified in the shipping documents 
accompanying each consignment of fruit that specify the place of 
production in which the fruit was produced and the packinghouse in 
which the fruit was processed. This identification would have to be 
maintained with the consignment until the fruit is released for entry 
into the continental United States.

Phytosanitary Certificate

    Paragraph (g) would require that each consignment of avocado fruit 
be accompanied by a phytosanitary certificate issued by the NPPO of 
Ecuador that states that the avocados in the consignment have been 
produced in accordance with the requirements of Sec. Sec.  319.56-84.

Executive Orders 12866 and 13771 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. 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 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov website (see ADDRESSES above for instructions 
for accessing Regulations.gov).
    APHIS is proposing to allow the importation of fresh avocados from 
continental Ecuador into the continental United States under certain 
pest mitigation measures. This would be the first opportunity Ecuador 
has had to export fresh avocados to the United States. Over the 6-year 
period 2010-2015, Ecuador's avocado exports declined precipitously, 
from over 8,000 metric tons (MT) in 2010 to about 1,000 MT in 2015. 
Over these 6 years, Ecuador's avocado exports averaged 4,884 MT per 
year, reportedly valued at about $310,000 for an average price of less 
than $0.07 per kilogram or $63.50 per MT. This price is inexplicably 
low and may well indicate data error.
    The United States is a net importer of avocados. Over the same 6-
year period, 2010-2015, annual U.S. avocado imports averaged more than 
570,000 MT, valued at $1.1 billion. Mexico is the principal source, 
accounting for 86 percent of U.S. avocado imports.
    If between 5 percent and 20 percent of Ecuador's average fresh 
avocado exports to the world, 2010-2015, that is, between 244 and 976 
MT, were imported by the United States, we estimate that U.S. producer 
welfare would fall by between $95,000 and $383,000, consumer welfare 
would rise by between $428,000 to $1.72 million, for a net social 
welfare gain of between $332,000 and $1.33 million. At the midpoint of 
this range, the net social gain would be $833,000. In accordance with 
guidance on complying with Executive Order 13771, the primary estimate 
of the cost savings of this proposed rule is $833,000, the mid-point 
estimate of cost savings annualized in perpetuity using a 7 percent 
discount rate.
    While most U.S. avocado farms are small entities, they would not be 
significantly affected by this proposed rule. Annual avocado imports by 
the United States from Ecuador of between 244 and 976 MT would be 
equivalent to between 0.04 and 0.17 percent of the quantity of avocados 
imported by the United States annually.
    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 fresh avocado to be imported into 
the continental United States from continental Ecuador, subject to a 
systems approach. If this proposed rule is adopted, State and local 
laws and regulations regarding fresh avocado imported under this rule 
would be preempted while the fruit is in foreign commerce. Fresh 
avocados are generally imported for immediate distribution and

[[Page 27921]]

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 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-2016-0099. Please send a copy of your comments to the USDA 
using one of the methods described under ADDRESSES at the beginning of 
this document.
    APHIS is proposing to amend the fruit and vegetable regulations to 
allow the importation of avocados from continental Ecuador into the 
continental United States. As a condition of entry, the avocados 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, field monitoring 
and pest-control practices, trapping, and inspection for quarantine 
pests by the NPPO of Ecuador.
    Implementing this rule will require information collection 
activities such as an operational workplan, production site and 
packinghouse registrations, marking of fruit cartons, phytosanitary 
inspections and certificates, notices of suspension to export, notices 
of resumption to export, preclearance inspection documentation, import 
permit applications, notices of arrival, emergency action 
notifications, and creation and maintenance records.
    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 0.012 hours per response.
    Respondents: NPPO of Ecuador, production site and packinghouse 
managers, and importers of avocados from Ecuador.
    Estimated annual number of respondents: 44.
    Estimated annual number of responses per respondent: 1,154.
    Estimated annual number of responses: 50,791.
    Estimated total annual burden on respondents: 623 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 website 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) 851-2483. 
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) 851-2483.

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 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 and 7701-7772, and 7781-7786; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

0
2. Section 319.56-84 is added to read as follows:


Sec.  319.56-84  Fresh avocado fruit from continental Ecuador.

    Fresh avocados (Persea americana Miller), may be imported into the 
continental United States from continental Ecuador only under the 
conditions described in this section. These conditions are designed to 
prevent the introduction of the following quarantine pests: Anastrepha 
fraterculus Wiedemann, Anastrepha serpentina Wiedemann, Anastrepha 
striata Schiner, and Ceratitis capitata Wiedemann.
    (a) Operational workplan. The national plant protection 
organization (NPPO) of Ecuador must provide an operational workplan to 
APHIS that details the activities that the NPPO of Ecuador 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. Avocados from continental Ecuador may 
be imported in commercial consignments only.
    (c)(1) Production site requirements. All production sites that 
participate in the export program must be approved by and registered 
with the NPPO of Ecuador in accordance with the requirements of the 
operational workplan.
    (2) The NPPO of Ecuador will visit and inspect the production sites 
monthly starting 2 months before harvest and continue until the end of 
the shipping season. APHIS may also monitor the places of production if 
necessary. If APHIS or the NPPO of Ecuador 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

[[Page 27922]]

to the United States until APHIS and the NPPO of Ecuador conduct an 
investigation and appropriate remedial actions have been implemented.
    (3) Fallen avocado fruit must be removed from the production site 
at least once every 7 days, starting 2 months before harvest and 
continuing through the end of the harvest, and fallen fruit may not be 
included in field containers of fruit to be packed for export.
    (4) At each non-Hass avocado production site, no other host of A. 
fraterculus, A. serpentina, A. striata, or C. capitata can be grown 
within 100 meters of the edge of the place of production.
    (5) At each non-Hass avocado production site, the NPPO of Ecuador 
must conduct a fruit fly trapping program beginning at least 2 months 
before the beginning of harvest and continuing for the duration of the 
harvest period for the detection of A. fraterculus, A. serpentina, A. 
striata, and C. capitata in accordance with the operational workplan.
    (6) The NPPO of Ecuador must maintain records of fruit fly 
detections for each trap in a non-Hass avocado production site and 
update the records each time the traps are checked. The trapping 
records must be maintained for at least 1 year and provided for APHIS' 
review, if requested.
    (7) If the number of flies per trap per day exceeds levels 
specified in the operational workplan for more than 2 consecutive 
weeks, the place of production will be prohibited from exporting 
avocados to the continental United States until APHIS and the NPPO of 
Ecuador jointly agree that the risk has been mitigated.
    (8) All avocados must be placed in field cartons or containers that 
are marked to identify the production site from which the consignment 
of fruit originated. The fruit must either be moved to the packinghouse 
within 3 hours of harvest or protected from fruit fly infestation until 
moved.
    (d)(1) Packinghouse requirements. Avocados must be packed for 
export to the continental United States in pest-exclusionary 
packinghouses that are approved by and registered with the NPPO of 
Ecuador in accordance with the requirements of the operational 
workplan.
    (2) The avocados must be packed within 24 hours of harvest in a 
pest-exclusionary packinghouse in accordance with the requirements of 
the operational workplan. The avocados must be safeguarded by an 
insect-proof mesh screen or plastic tarpaulin while in transit to the 
packinghouse and while awaiting packing. The avocados must be packed in 
insect-proof cartons or containers, or covered with insect-proof mesh 
or plastic tarpaulin, for transit into the continental United States. 
These safeguards must remain intact until arrival at the port of entry 
into the continental United States or the consignment will be denied 
entry into the continental United States.
    (3) All openings to the outside of the packinghouse must be covered 
by screening with openings of not more than 1.6 mm or by some other 
barrier that prevents pests from entering. The packinghouse must have 
double doors at the entrance to the facility and at the interior 
entrance to the area where the avocados are packed.
    (4) During the time the packinghouse is in use for exporting 
avocados to the continental United States, the packinghouse may only 
accept avocados from registered approved production sites and the fruit 
must be segregated from fruit intended for other markets.
    (5) The identity and origin of the fruit must be maintained from 
the packinghouse through export of consignments to the United States.
    (e) Treatment. If the non-Hass variety avocados are ineligible for 
export under the systems approach due to the place of production 
exceeding the trapping threshold for fruit flies as established in the 
operational workplan, they may still be exported, but only after 
undergoing an APHIS approved treatment in accordance with part 305 of 
this chapter.
    (f) Phytosanitary inspection. (1) Inspectors from the NPPO of 
Ecuador must inspect a biometric sample of the fruit from each avocado 
consignment jointly agreed upon by APHIS and the NPPO of Ecuador, 
following post-harvest processing. The inspectors must visually inspect 
for quarantine pests listed in the operational workplan required by 
paragraph (a) of this section and must cut fruit if signs of quarantine 
pests that are internal feeders are observed. If quarantine pests are 
detected in this inspection, the consignment will be prohibited entry 
into the United States unless it is treated with an APHIS-approved 
quarantine treatment in accordance with part 305 of this chapter.
    (2) Fruit presented for inspection at a U.S. port of entry must be 
identified in the shipping documents accompanying each consignment of 
fruit that specify the place of production in which the fruit was 
produced and the packinghouse in which the fruit was processed. This 
identification must be maintained until the fruit is released for entry 
into the continental United States.
    (g) Phytosanitary certificate. Each consignment of avocado fruit 
must be accompanied by a phytosanitary certificate of inspection issued 
by the NPPO of Ecuador that states that the fruit in the consignment 
was produced in accordance with the requirements of Sec.  319.56-84.

    Done in Washington, DC, this 11th day of June 2018.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2018-12827 Filed 6-14-18; 8:45 am]
 BILLING CODE 3410-34-P