Federal Register, Volume 84 Issue 142 (Wednesday, July 24, 2019)

[Federal Register Volume 84, Number 142 (Wednesday, July 24, 2019)]
[Rules and Regulations]
[Pages 35515-35517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15704]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0053]

Notification of Decision To Authorize the Importation of Fresh
Raspberry Fruit From Morocco Into the Continental United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rulemaking action; notification of decision to import.

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SUMMARY: We are advising the public of our decision to authorize the
importation into the continental United States of fresh raspberry fruit
from Morocco. Based on the findings of a pest risk analysis, which we
made available to the public for review and comment, we have determined
that the application of one or more designated phytosanitary measures
will be sufficient to mitigate the risks of introducing or
disseminating plant pests or noxious weeds via the importation of
raspberries from Morocco.

DATES: The articles covered by this notification may be authorized for
importation after July 24, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, M.S., Senior
Regulatory Policy Coordinator, Regulatory Policy and Coordination, PPQ,
APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-
2352.

SUPPLEMENTARY INFORMATION: Under the regulations in ``Subpart L--Fruits
and Vegetables'' (7 CFR 319.56-1 through 319.56-12, 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.
Section 319.56-4 of the regulations contains a performance-based
process for approving the importation of commodities that, based on the
findings of a pest risk analysis (PRA), can be safely imported subject
to one or more of the designated phytosanitary measures listed in
paragraph (b) of that section. Under that process, APHIS publishes a
notice in the Federal Register announcing the availability of the PRA
that evaluates the risks associated with the importation of a
particular fruit or vegetable. Following the close of the 60-day
comment period, APHIS may begin issuing permits for importation of the
fruit or vegetable subject to the identified designated measures if:
(1) No comments were received on the PRA; (2) the comments on the PRA
revealed that no changes to the PRA were necessary; or (3) changes to
the PRA were made in response to public comments, but the changes did
not affect the overall conclusions of the analysis and the
Administrator's determination of risk.
On August 26, 2016, we published in the Federal Register (81 FR
58867-58869, Docket No. APHIS-2015-0053) a proposal\1\ to amend the
regulations to allow the importation of fresh raspberry fruit from
Morocco into the continental United States.
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\1\ To view the proposed rule, supporting documents, and the
comments we received, go to https://www.regulations.gov/docket?D=APHIS-2015-0053.
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We solicited comments on the proposed rule for 60 days ending on
October 25, 2016. We received six comments by that date, from members
of the public and from a State agriculture agency. Two commenters
supported the proposed rule. A third commenter generally opposed
importing fresh raspberry fruit and all other commodities, but did not
offer any comments on the specific provisions of the proposed rule. The
remaining comments are discussed below.
One commenter requested that shipments of fresh raspberry fruit
from Morocco not be allowed into the State of Florida due to the
``high'' risk rating assigned to the fungus Monilinia fructigena in the
PRA. The commenter acknowledged that while raspberry fruit is not
considered a major host of this fungus, apples, peaches, plums, and
apricots are, and if M. fructigena were to follow the pathway of
importation into the United States, it could have devastating effects
on Florida's agricultural industry, especially on commercial peach
production and on the native plums that serve as a major food source
for wildlife in that State.
As stated in the risk management document (RMD) that accompanied
the

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proposed rule, M. fructigena is a common cause of fruit rot in fruit
orchards. Required field inspections, packinghouse inspections, and
port of entry inspections provide sufficient mitigation and have been
used successfully to mitigate M. fructigena associated with fresh pears
from China. In addition, culling at the packinghouses, while not
required in the systems approach, is a standard industry practice that
removes obviously blemished, diseased, and insect-infested fruits from
the pathway. Infected or infested fruit found by an inspector will not
be allowed to enter into the United States. Furthermore, if a pest or
disease is found at the port of entry, a traceback will be conducted by
APHIS and the national plant protection organization (NPPO) of Morocco
to identify the source of the problem. Corrective action, including
removal of the packinghouse or place of production from the export
program can then be taken.
One commenter requested that we consider requiring the use of
irradiation on fresh raspberry fruit from Morocco to mitigate the risks
associated with M. fructigena.
Irradiation is an approved treatment to mitigate the risks
presented by arthropod plant pests, but is not approved as a treatment
against fungi, like M. fructigena.
One commenter asked about the costs associated with inspections and
whether these inspections would increase the burden on port of entry
inspectors and cause delays.
The cost of inspection at the port of entry is covered by the
agricultural quarantine and inspection user fee and, for inspections
conducted outside regular business hours at the request of the
importer/owner of the consignment, a reimbursable overtime charge. As
discussed in the economic analysis that accompanied the proposed rule,
Morocco expects to export between 200 and 500 metric tons of fresh
raspberry fruit to the continental United States annually. This is a
relatively small amount (about 0.4 to 0.9 percent of U.S. fresh
raspberry fruit production) and we do not therefore anticipate an
increase in burden to inspectors, nor do we believe that this action
will cause delays at the ports.
One commenter asked how inspectors will be trained to identify M.
fructigena on fresh raspberry fruit from Morocco.
Inspectors in Morocco and the United States are already well
trained in identifying signs and symptoms of pests and diseases,
including M. fructigena. The fresh raspberry fruit will be inspected
for symptoms of fungal infections such as brown lesions and tufts
sprouting from the skin of infected fruit.
One commenter asked if fruits or vegetables have been inspected and
certified free of pests or diseases in their country of origin only to
be found infested or infected upon arrival in the United States.
Commodities are inspected in their country of origin and again upon
arrival at the port of entry in the United States. If a consignment is
found to contain plant pests at the port of entry, the consignment may
be treated, destroyed, or re-exported.
One commenter expressed concern about the monitoring and
enforcement of the systems approach. Specifically, the commenter asked
how APHIS intends to monitor the NPPO of Morocco to ensure the
conditions of the systems approach are being met.
APHIS reserves the right to conduct site visits to Morocco to
inspect places of production in Morocco and audit the program if pest
problems occur.
Finally, we note that the proposed rule was issued prior to the
October 15, 2018, effective date of a final rule \2\ that revised the
regulations in Sec. [thinsp]319.56-4 by broadening an existing
performance standard to provide for approval of all new fruits and
vegetables for importation into the United States using a notice-based
process. That final rule also specified that region- or commodity-
specific phytosanitary requirements for fruits and vegetables would no
longer be found in the regulations, but instead in APHIS' Fruits and
Vegetables Import Requirements database (FAVIR). With those changes to
the regulations, we cannot issue the final regulations as contemplated
in our August 2016 proposed rule and are therefore discontinuing that
rulemaking without a final rule. Instead, it is necessary for us to
finalize this action through the issuance of a notification.
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\2\ To view the final rule, go to https://www.regulations.gov/docket?D=APHIS-2010-0082.
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Therefore, in accordance with the regulations in Sec.
[thinsp]319.56-4(c)(3)(iii), we are announcing our decision to
authorize the importation into the continental United States of fresh
raspberry fruit from Morocco subject to the following phytosanitary
measures, which will be listed in FAVIR, available at https://epermits.aphis.usda.gov/manual:
The NPPO of Morocco must develop an operational workplan,
subject to APHIS approval, that details the activities that the NPPO of
Morocco would carry out to comply with the phytosanitary requirements.
The fresh raspberry fruit may be imported in commercial
consignments only.
The fresh raspberry fruit must be grown at a place of
production that is registered with the NPPO of Morocco.
During the growing season, raspberries must be inspected
in the field by the NPPO of Morocco for signs of M. fructigena
infection no more than 30 days prior to harvest. If the fungal disease
is detected, the NPPO of Morocco must notify APHIS. APHIS will prohibit
the importation of fresh raspberry fruit from Morocco into the
continental United States from the place of production for the
remainder of the growing season. The exportation of fresh raspberry
fruit from the rejected place of production may resume in the next
growing season if an investigation is conducted and APHIS and the NPPO
of Morocco agree that appropriate remedial actions have been taken.
The fresh raspberry fruit must be packed in packinghouses
that are registered with the NPPO of Morocco.
Detection of M. fructigena infection at a packinghouse may
result in the suspension of the packinghouse until an investigation is
conducted and APHIS and the NPPO of Morocco agree to appropriate
remedial measures.
Each consignment of fresh raspberry fruit must be
accompanied by a phytosanitary certificate issued by the NPPO of
Morocco with an additional declaration stating that consignment was
produced in accordance with the requirements authorized under 7 CFR
319.56-4, and that the consignment has been inspected prior to export
from Morocco and found free of M. fructigena.
In addition to these specific measures, fresh raspberry fruit from
Morocco will be subject to the general requirements listed in Sec.
[thinsp]319.56-3 that are applicable to the importation of all fruits
and vegetables.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the reporting and recordkeeping requirements included in
this notification are covered under the Office of Management and Budget
(OMB) control number 0579-0049. The estimated annual burden on
respondents is 119 hours, which will be added to 0579-0049 in the next
quarterly update.

E-Government Act Compliance

The Animal and Plant Health Inspection Service is committed to
compliance with the EGovernment Act to promote the use of the internet
and

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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 notification, please contact Ms. Kimberly Hardy, APHIS'
Information Collection Coordinator, at (301) 851-2483.
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a major rule, as defined by 5 U.S.C. 804(2).

Authority: 7 U.S.C. 1633, 7701-7772, and 7781-7786; 21 U.S.C.
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

Done in Washington, DC, this 19th day of July 2019.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2019-15704 Filed 7-23-19; 8:45 am]
BILLING CODE 3410-34-P