Notification of Decision To Authorize the Importation of Fresh Cape Gooseberry Fruit From Ecuador to the Continental United States

Citation84 FR 49191
Record Number2019-20096
Published date19 September 2019
SectionRules and Regulations
CourtAgriculture Department,Animal And Plant Health Inspection Service
Federal Register, Volume 84 Issue 182 (Thursday, September 19, 2019)
[Federal Register Volume 84, Number 182 (Thursday, September 19, 2019)]
                [Rules and Regulations]
                [Pages 49191-49193]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-20096]
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                DEPARTMENT OF AGRICULTURE
                Animal and Plant Health Inspection Service
                7 CFR Part 319
                [Docket No. APHIS-2016-0009]
                Notification of Decision To Authorize the Importation of Fresh
                Cape Gooseberry Fruit From Ecuador to 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 cape gooseberry
                fruit from Ecuador. 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 fresh
                cape gooseberry fruit from Ecuador.
                DATES: The articles covered by this notification may be authorized for
                importation after September 19, 2019.
                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 20737-1236; (301)
                851-2352.
                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) prohibits or
                restricts 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.
                 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 then 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.
                 On April 20, 2018, we published in the Federal Register (83 FR
                17503-17506, Docket No. APHIS-2016-0009) a proposal \1\ to amend the
                regulations by allowing for the importation of commercially produced
                fresh cape gooseberry fruit (Physalis peruviana) from Ecuador into the
                continental United States.
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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-2016-0009.
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                 We solicited comments concerning our proposal for 60 days ending
                June 19, 2018. We received two comments by that date. They were from
                the national plant protection organization (NPPO) of Ecuador and a
                State department of agriculture and are discussed below.
                 One commenter stated that U.S. stakeholders from those areas
                potentially affected by any pest or disease outbreak from imported
                commodities should be invited to participate in site visits prior to
                the issuance of any proposals such as the one finalized by this
                document.
                 APHIS is committed to a transparent process and an inclusive role
                for stakeholders in our risk analysis process. However, since this
                comment relates to the structure of APHIS' overall risk analysis
                process, and not to the importation of fresh cape gooseberry
                [[Page 49192]]
                fruit from Ecuador, it is outside the scope of the proposed action.
                 The PRA that accompanied the proposed rule identified Ceratitis
                capitata (Medfly) as the one quarantine pest that could be introduced
                into the United States in consignments of fresh cape gooseberry fruit
                from Ecuador. The commenter observed several areas of phytosanitary
                risk as outlined in the PRA:
                 Due to the short distance between Ecuador and the
                continental United States, the duration of low temperatures during
                transport does not control, reduce, or eliminate this pest species.
                Fruit fly larvae within fruits can survive shipments when exported
                without mitigating treatment, as it is shown by numerous interceptions
                at U.S. ports-of-entry with other fruits.
                 Fruit fly larvae within fruits can survive shipments when
                exported without mitigating treatment, as it is shown by numerous
                interceptions at U.S. ports-of-entry with other fruits.
                 Ecuador does not have a point-of-origin protocol for fruit
                inspection. In addition to this, internal feeders, such as fruit flies,
                are difficult to detect during non-targeted USDA inspection procedures
                at ports-of-entry.
                 While it is true that the aspects of the PRA highlighted by the
                commenter led us to classify the pest risk potential associated with
                Medfly as high, pest risk potential is a baseline estimate of the risks
                associated with importation of the commodity in the absence of
                phytosanitary mitigation measures beyond standard post-harvest
                processing. That is why we are only allowing for the importation of
                fresh cape gooseberry fruit from Ecuador into the continental United
                States if it is produced under a systems approach or subject to cold
                treatment or irradiation in accordance with the Plant Protection and
                Quarantine (PPQ) Treatment Manual \2\ and 7 CFR part 305. These
                measures effectively mitigate the risks described in the PRA and
                pointed out by the commenter.
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                 \2\ The PPQ Treatment Manual may be found on the internet at
                https://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf.
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                 Only commercial consignments of fresh cape gooseberry fruit from
                Ecuador will be allowed to be imported into the continental United
                States. The commenter posited that if non-commercially produced fresh
                cape gooseberry fruit were mixed with or mistaken for commercially
                produced fresh cape gooseberry fruit, the likelihood of Medfly
                infestation would be very high.
                 Since fresh cape gooseberry fruit from non-registered places of
                production present a greater pest risk than does fruit grown in
                registered places of production, we believe that it is unlikely that
                the growers and packers in a registered place of production would allow
                their entire export operation to be jeopardized by allowing potentially
                infested fruit from nonregistered places of production to be commingled
                with their export-quality fruit. Additionally, this rule requires the
                NPPO of Ecuador to provide an operational workplan to APHIS regarding
                the day-to-day administration of the export program for cape
                gooseberries from Ecuador, and also requires APHIS approval of the
                operational workplan. We will not approve an operational workplan
                unless it provides safeguards against the commingling of commercially
                produced and non-commercially produced cape gooseberries. Finally, we
                note that all shipments of cape gooseberries are subject to inspection
                at ports of entry into the United States in accordance with our general
                requirements for the importation of fruits and vegetables, which are
                found in Sec. 319.56-3. Among other benefits, port-of-entry
                inspections allow us to verify an exporting country's adherence to the
                terms of the regulations on an ongoing basis.
                 We proposed to require the use of trapping to monitor the places of
                production within low prevalence areas as part of the systems approach
                to mitigate the risk posed by Medfly. While we did not specify the
                intervals at which the fruit fly traps would be required to be placed
                to demonstrate place of production freedom from Medfly in the proposed
                rule, the risk management document (RMD) did provide a recommended
                trapping protocol.
                 The NPPO of Ecuador suggested an additional fruit fly trapping
                protocol, scaled specifically for smaller production sites, which would
                allow more producers to potentially participate in the export program.
                 While the RMD provides a recommended trapping protocol, the
                specific trapping requirements will be set forth in the required
                operational workplan established between APHIS and the NPPO of Ecuador,
                and therefore may differ from the recommendations set out in the RMD.
                We will evaluate the trapping protocol suggested by the NPPO during the
                development of the operational workplan.
                 Fresh cape gooseberry fruit that comes from a place of production
                that does not qualify as a pest free place of production in an area of
                low pest prevalence may still be exported to the continental United
                States subject to cold treatment or irradiation treatment in accordance
                with the PPQ Treatment Manual and 7 CFR part 305. Another commenter
                said that it was not clear whether these treatments would be
                administered in Ecuador, while consignments are in transit, or upon
                arrival in the United States.
                 Under the regulations, treatment may occur at any of the stages
                identified by the commenter. However, because Ecuador does not
                currently have APHIS-approved irradiation or cold treatment facilities,
                and because the journey from Ecuador to the United States is generally
                significantly shorter than the length of time necessary for the
                required cold treatment, we anticipate that most treatments will be
                administered in the United States.
                 The commenter concluded that, due to the risk factors described by
                the PRA, fresh cape gooseberry fruit from Ecuador should not be allowed
                into the State of Florida and other ports of entry south of the 39th
                parallel given that the climate in those areas is conducive to the
                establishment of Medfly.
                 We have determined, for the reasons described in the RMD that
                accompanied the proposed rule, that the measures specified in the RMD
                will effectively mitigate the risk associated with the importation of
                fresh cape gooseberry fruit from Ecuador. The commenter did not provide
                any evidence suggesting that the mitigations are not effective.
                Therefore, we are not taking the action requested by the commenter.
                 Finally, we note that the proposed rule was issued prior to the
                October 15, 2018, effective date of a final rule \3\ 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 April 2018 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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                 \3\ 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
                [[Page 49193]]
                authorize the importation into the continental United States of fresh
                cape gooseberry fruit from Ecuador subject to the following
                phytosanitary measures, which will be listed in FAVIR, available at
                https://epermits.aphis.usda.gov/manual:
                 The 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 comply with
                the phytosanitary requirements. APHIS will be directly involved with
                the NPPO of Ecuador in monitoring and auditing implementation of the
                systems approach.
                 The fresh cape gooseberry fruit may be imported in
                commercial consignments only.
                 The production site where the fruit is grown must be
                registered with the NPPO of Ecuador.
                 Harvested fresh cape gooseberry fruit must be placed in
                field cartons or containers that are marked to show the official
                identification of the production site.
                 All openings to the outside of the packinghouse where the
                fruit is packed must be covered by screening 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 fresh cape gooseberry fruit is packed.
                 Each consignment of fresh cape gooseberry fruit must be
                accompanied by a phytosanitary certificate issued by the NPPO of
                Ecuador that contains an additional declaration stating that the fruit
                was produced in accordance with 7 CFR 319.56-4.
                 To be eligible for importation, the fresh cape gooseberry
                fruit must either be treated or produced and shipped under the systems
                approach.
                 Systems approach: Fresh cape gooseberry fruit may be
                imported without treatment if it is subject to a systems approach
                consisting of the following: Low-prevalence production site
                certification, fruit fly trapping, and phytosanitary inspection.
                 Treatment: Fresh cape gooseberry fruit that does not meet
                the requirements of the systems approach may be imported into the
                continental United States if the fruit is subject to cold treatment or
                irradiation treatment in accordance with 7 CFR part 305. If the
                irradiation treatment is completed in Ecuador, each consignment of
                fresh cape gooseberry fruit must be accompanied by documentation to
                validate foreign site preclearance inspection of the consignment.
                 In addition to these specific measures, fresh cape gooseberry fruit
                from Ecuador 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 burden requirements included in this notification
                are covered under the Office of Management and Budget (OMB) control
                number 0579-0049. We estimate these burden activities to be 1,199
                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 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 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 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 11th day of September 2019.
                Kevin Shea,
                Administrator, Animal and Plant Health Inspection Service.
                [FR Doc. 2019-20096 Filed 9-18-19; 8:45 am]
                BILLING CODE 3410-34-P
                

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