Importation of Fresh Blueberries From Morocco Into the Continental United States
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Final rule.
CFR Part: "7 CFR Part 319"
RIN Number: "RIN 0579-AD81"
Citation: "79 FR 44117"
Document Number: "Docket No. APHIS-2013-0016"
"Rules and Regulations"
SUMMARY: We are amending the regulations concerning the importation of fruits and vegetables to allow the importation of fresh blueberries from
DATES: Effective Date:
FOR FURTHER INFORMATION CONTACT: Ms.
SUPPLEMENTARY INFORMATION:
Background
The regulations in "Subpart-Fruits and Vegetables" (7 CFR 319.56-1 through 319.56-68, referred to below as the regulations) prohibit or restrict the importation of fruits and vegetables into
On
FOOTNOTE 1 To view the proposed rule, PRA, RMD, and the comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0016. END FOOTNOTE
Based on the RMD, we proposed to require the blueberries to be produced under a systems approach employing a combination of mitigation measures for two quarantine pests, Ceratitis capitata and Monilinia fructigena, and inspected prior to exportation from
We solicited comments concerning the proposed rule for 60 days ending
General Comments on Proposed Rule
One commenter stated that the Animal and
Such prohibitions would be beyond the scope of APHIS' statutory authority under the Plant Protection Act (7 U.S.C. 7701 et seq., referred to below as the PPA). Under the PPA, APHIS will prohibit the importation of a fruit or vegetable into
Additionally, as a signatory to the World Trade Organization Agreement on Sanitary and Phytosanitary Measures,
A few commenters expressed concern that the importation of blueberries from
For the reasons explained in the proposed rule, the RMD, and this final rule, we are confident that the systems approach and other requirements of this final rule will adequately mitigate the risks associated with the importation of blueberries from
Comment Regarding Inspections for M. fructigena
We proposed to include in the regulations that blueberries would have to be inspected in the fields for signs of M. fructigena infestation 30 days prior to harvest. This inspection will have to be conducted by the national plant protection organization (NPPO) of
One commenter stated that inspecting a crop 30 days prior to harvest may not ensure that the crop is free from M. fructigena.
We note that in addition to field inspections, which have been shown to be effective, the blueberries are inspected for signs of M. fructigena prior to exportation from
Comment Regarding Treatments for C. capitata
To mitigate the risks associated with C. capitata on blueberries from
One commenter stated that the use of methyl bromide to treat the blueberries for C. capitata would not eliminate the pest from the fruit and would contaminate the fruit, making it unsafe for human consumption.
Fumigation with methyl bromide is an established and proven treatment for blueberries and other fruits and vegetables that is routinely employed to successfully mitigate the risk of C. capitata and other pests. Methyl bromide is approved for use on articles for human consumption.
Comment Regarding the Economic Impacts on Small Businesses
A commenter recommended changes to the proposal to address the economic impacts on small business entities relative to the importation of blueberries from
APHIS does not have the authority to set market price on commodities in
Miscellaneous Changes
In the preamble to the proposed rule, we included the requirement that "30 days prior to harvest, blueberries be inspected in the field by the NPPO of
In addition, we stated in proposed paragraph (c) that "the exportation of blueberries from the rejected place of production may resume in the next growing season if an investigation is conducted and APHIS and the NPPO of
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.
Note: In our
Executive Order 12866 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
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.
The analysis examines the expected economic impact for U.S small entities of a rule that will allow the importation of fresh blueberries from
Under these circumstances, the Administrator of the Animal and
Executive Order 12988
This final rule allows blueberries to be imported into the continental
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 0579-0421, have been submitted for approval to the
E-Government Act Compliance
The Animal and
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
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.
2. Section 319.56-69 is added to read as follows:
Fresh fruit of highbush blueberry (Vaccinium corymbosum L.) and its hybrid varieties southern highbush blueberry [ V. corymbosum x angustifolium (V. x atlanticum) and V. corymbosum x virgatum ] may be imported into the continental
(a) The blueberries may be imported in commercial consignments only.
(b) The blueberries must be grown at places of production that are registered with the national plant protection organization (NPPO) of
(c) During the growing season, blueberries must be inspected in the field by the NPPO of
(d) Each consignment of blueberries must be treated in accordance with 7 CFR part 305 for C. capitata.
(e) Each consignment of blueberries must be accompanied by a phytosanitary certificate issued by the NPPO of
(Approved by the
Done in
Administrator, Animal and
[FR Doc. 2014-17843 Filed 7-29-14;
BILLING CODE 3410-34-P
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