[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Notices]
[Pages 63500-63502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22337]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2019-0049]


Import Requirements for the Importation of Fresh Blueberries From 
Chile Into the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public of our decision to revise the 
import requirements for the importation of fresh blueberries from Chile 
into the United States by removing the methyl bromide fumigation 
requirement for blueberries from Regions VIII and XVI of Chile. Based 
on the findings of our commodity import evaluation, which we made 
available to the public for review and comment through a previous 
notice, we have determined that the application of the designated 
phytosanitary measures will be sufficient to mitigate the risks of 
introducing or disseminating plant pests via the importation of 
blueberries from Chile.

DATES: Imports under the revised requirements may be authorized 
beginning October 8, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Tony Rom[aacute]n, Senior 
Regulatory Policy Specialist, RCC, IRM, PHP, PPQ, APHIS, 4700 River 
Road, Unit 133, Riverdale, MD 20737-1236; (301) 851-2242.

SUPPLEMENTARY INFORMATION:

Background

    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) of the U.S. 
Department of Agriculture 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 and spread 
within the United States.
    Section 319.56-4 of the regulations provides the requirements for 
authorizing the importation of fruits and vegetables into the United 
States, as well as revising existing requirements for the importation 
of fruits and vegetables. Paragraph (c) of that section

[[Page 63501]]

provides that the name and origin of all fruits and vegetables 
authorized importation into the United States, as well as the 
requirements for their importation, are listed on the internet in 
APHIS' Fruits and Vegetables Import Requirements database, or FAVIR 
(https://epermits.aphis.usda.gov/manual). It also provides that, if the 
Administrator of APHIS determines that any of the phytosanitary 
measures required for the importation of a particular fruit or 
vegetable are no longer necessary to reasonably mitigate the plant pest 
risk posed by the fruit or vegetable, APHIS will publish a notice in 
the Federal Register making its pest risk documentation and 
determination available for public comment.
    In accordance with that process, we published a notice \1\ in the 
Federal Register on March 31, 2020 (85 FR 17850-17851, Docket No. 
APHIS-2019-0049), in which we announced the availability, for review 
and comment, of a commodity import evaluation document (CIED) that 
evaluated the risks associated with the importation into the United 
States of blueberries from two regions in Chile in which European 
grapevine moth (Lobesia botrana, EGVM) is known to exist, but in which 
the pest prevalence is low, without requiring fumigation with methyl 
bromide. The notice proposed to remove the methyl bromide fumigation 
requirement for blueberries from Regions VIII and XVI of Chile, under 
the provisions of a systems approach.
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    \1\ To view the notice, the CIED, and the comments we received, 
go to https://www.regulations.gov/docket?D=APHIS-2019-0049.
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    We solicited comments on the notice for 60 days ending June 1, 
2020. We received 53 comments by that date. They were from growers, 
importers, buyers, ports, associations, and representatives of a 
foreign government. All but one of those comments were in favor of the 
proposal with no further questions. The remaining comment is discussed 
below.
    In the initial notice, we proposed that the national plant 
protection organization (NPPO) of Chile would have to enter into an 
operational workplan with APHIS that details the activities and 
responsibilities that the NPPO would carry out in order to meet the 
requirements of the systems approach.
    The commenter asked for further details on how the NPPO of Chile 
will ensure grower compliance with the operational workplan.
    We also stated in the initial notice that all places of production 
would have to be registered with the NPPO of Chile. The NPPO of Chile 
will register a production site in Regions VIII or XVI for export 
without methyl bromide treatment only if it follows all regulatory 
steps and control measures required by Chile's National EGVM Control 
Program. The NPPO of Chile will monitor production sites for EGVM trap 
catches and immature stage finds, and will update the list of 
registered production sites as necessary based on the results of this 
monitoring. To further ensure grower compliance, the NPPO of Chile will 
inspect blueberries that have been packed for export for EGVM prior to 
export to the United States.
    The commenter also requested confirmation that moth trapping and 
monitoring will be used and asked for further details on the levels of 
moth trapping and monitoring that growers will be required to 
undertake. The commenter asked that growers be required to place a 
minimum of one monitoring trap in each field planned for export, with 
any capture of EGVM in the traps triggering more detailed sampling. The 
commenter also asked for confirmation that monitoring will be 
undertaken by the NPPO of Chile.
    EGVM trapping and control in each district in Regions VIII and XVI 
must follow the terms of the operational workplan, which currently 
align with guidelines for Chile's National EGVM Control Program. All 
blueberry production sites and grape production sites must be trapped 
at appropriate levels. The Chilean guidelines for trapping currently 
require one trap every 2.5 hectares, with at least two traps per field, 
and one trap in fields smaller than 2.5 hectares. In the event that 
Chile changes these guidelines, APHIS would continue to require the 
current trapping levels of one trap every 2.5 hectares, with at least 
two traps per field, and one trap in fields smaller than 2.5 hectares.
    The NPPO of Chile will conduct all EGVM moth trapping. Any findings 
of EGVM would mean that any production within a 500-meter radius can 
only be exported with methyl bromide fumigation. Any production between 
500 meters and 3,000 meters of an EGVM outbreak will be regulated for 
EGVM and can only export if the fields meet a pre-harvest fruit 
monitoring requirement, 1 to 30 days before harvest begins. This 
activity shall be performed by companies authorized by the NPPO of 
Chile. Any field with monitoring results including at least one finding 
of EGVM shall be stricken from access to the inspection system and 
their fruit must undergo a methyl bromide fumigation treatment to be 
exported to the United States.
    The commenter also asked for further details on the process of 
reinstating production sites in the event that EGVM is found in a 
production site.
    If the NPPO of Chile finds that a place of production or 
packinghouse is not complying with the requirements of the systems 
approach, no blueberries from the place of production or packinghouse 
will be eligible for export to the United States until APHIS and the 
NPPO of Chile conduct an investigation and appropriate remedial actions 
have been implemented.
    Under the terms of the operational workplan, we are specifying that 
if 10 or more EGVM moths are trapped within 1 year in any urban area in 
Region VIII or Region XVI, all blueberry production sites within 5 
kilometers of that urban area may only ship blueberries to the United 
States if they are fumigated with methyl bromide, either in Chile or at 
the United States port of entry.
    Reinstatement of export status for a production site (to be able to 
export blueberries without methyl bromide fumigation) suspended from 
the program for larval finds during export inspection requires 1 year 
with no more than 1 adult EGVM trapped, and no immature stages of EGVM 
found in the field or in packed out blueberries. This will require a 
rolling trap count for each export production site in Region VIII and 
Region XVI to be maintained by the NPPO of Chile.
    Finally, the commenter noted that sulfur dioxide has been 
identified as a successful mitigant against EGVM, and requested that 
APHIS and the NPPO of Chile discuss the use of sulfur dioxide for 
imports of Chilean blueberries as a further safeguard against EGVM when 
the Environmental Protection Agency (EPA) approves sulfur dioxide for 
use as a pest mitigant for blueberries in the United States.
    The EPA must thoroughly evaluate pesticides to ensure that they 
meet Federal safety standards to protect human health and the 
environment before approving them for use in the United States. APHIS 
cannot make any decisions regarding the use of sulfur dioxide prior to 
any such evaluation and approval.
    Therefore, in accordance with the regulations in Sec.  319.56-
4(c)(3)(iii), we are announcing our decision to revise the requirements 
for the importation of blueberries from Chile by removing the methyl 
bromide requirement for blueberries grown in Regions VIII and XVI of 
Chile, subject to the following phytosanitary measures:
     The NPPO of Chile must enter into an operational workplan 
with APHIS that details the activities and

[[Page 63502]]

responsibilities that the NPPO would carry out in order to meet the 
requirements of the systems approach. APHIS must approve the workplan 
prior to implementation of the systems approach.
     Places of production and packinghouses must be registered 
with and approved by the NPPO of Chile. Additionally, packinghouses 
must be pest-exclusionary.
     If the NPPO of Chile determines that a registered place of 
production or packinghouse is not complying with the provisions of the 
systems approach, no blueberries from the place of production or 
packinghouse are eligible for export into the United States until APHIS 
and the NPPO conduct an investigation and appropriate remedial actions 
have been implemented.
     The NPPO of Chile must demonstrate continued low pest 
prevalence for EGVM in Regions VIII and XVI through a national trapping 
program for EGVM. Trapping density and servicing, as well as thresholds 
for low pest prevalence, will be detailed in the operational workplan.
     If the place of production is within an area of Region 
VIII or XVI that is designated by the NPPO of Chile as a regulated area 
for EGVM, the place of production must have a field inspection by the 
NPPO within 2 weeks prior to harvest with no finds of immature EGVM 
based on a biometric sample of plants. Places of production in control 
areas for EGVM are not authorized to export blueberries to the United 
States under the terms of the systems approach and blueberries from 
such areas must be fumigated with methyl bromide in order to be 
exported to the United States.
     Packed blueberries must be inspected by the NPPO of Chile 
prior to export under the auspices of APHIS' preclearance program 
within Chile.
     Each shipment must be accompanied by a phytosanitary 
certificate issued by the NPPO with an additional declaration that the 
blueberries were produced in an area of low pest prevalence for EGVM.
     Each shipment is subject to inspection for quarantine 
pests at the port of entry into the United States.
     If immature stages of EGVM are detected during field 
inspections or packinghouse inspections, or any life stage of EGVM is 
detected at a port of entry into the United States, the consignment may 
not be imported into the United States and the place of production will 
be suspended from the systems approach export program until reinstated. 
Blueberries from that place of production must be fumigated with methyl 
bromide in order to be exported to the United States until such 
reinstatement.
    These revised conditions will be listed in the Fruits and 
Vegetables Import Requirements database (available at https://epermits.aphis.usda.gov/manual). In addition to these specific 
measures, blueberries from Chile will be subject to the general 
requirements listed in Sec.  319.56-3 that are applicable to the 
importation of all fruits and vegetables. Please note that, in order to 
accommodate the revisions of this notice and remove redundancies, we 
are also removing the citation to Federal Order DA-2018-40 in FAVIR.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the burden requirements included in this notice are 
covered under the Office of Management and Budget control number 0579-
0049.

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 notice, please contact Mr. Joseph Moxey, 
APHIS' Information Collection Coordinator, at (301) 851-2483.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this action 
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 5th day of October 2020.
Michael Watson,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2020-22337 Filed 10-7-20; 8:45 am]
BILLING CODE 3410-34-P