APHIS Seeks Comments on Importation Regulations of Apples From China

Targeted News Service

WASHINGTON, July 18 -- The U.S. Animal & Plant Health Inspection Service published the following proposed rule in the Federal Register:

Importation of Apples From China

A Proposed Rule by the Animal and Plant Health Inspection Service on 07/18/2014

Publication Date: Friday, July 18, 2014

Agencies: Department of Agriculture

Animal and Plant Health Inspection Service

Dates: We will consider all comments that we receive on or before September 16, 2014.

Comments Close: 09/16/2014

Entry Type: Proposed Rule

Action: Proposed rule.

Document Citation: 79 FR 41930

Page: 41930 -41934 (5 pages)

CFR: 7 CFR 319

Agency/Docket Number: Docket No. APHIS-2014-0003

RIN: 0579-AD89

Document Number: 2014-16923

Shorter URL: https://federalregister.gov/a/2014-16923

Action

Proposed Rule.

Summary

We are proposing to amend the fruits and vegetables regulations to allow the importation of fresh apples (Malus pumila) from China into the continental United States. As a condition of entry, apples from areas in China in which the Oriental fruit fly (Bactrocera dorsalis) is not known to exist would have to be produced in accordance with a systems approach that would include requirements for registration of places of production and packinghouses, inspection for quarantine pests at set intervals by the national plant protection organization of China, bagging of fruit, safeguarding, labeling, and importation in commercial consignments. Apples from areas in China in which Oriental fruit fly is known to exist could be imported into the continental United States if, in addition to these requirements, the apples are treated with fumigation plus refrigeration. All apples from China would also be required to be accompanied by a phytosanitary certificate with an additional declaration stating that all conditions for the importation of the apples have been met and that the consignment of apples has been inspected and found free of quarantine pests. This action would allow for the importation of apples from China 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 September 16, 2014.

ADDRESSES:

You may submit comments by either of the following methods:

Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0003.

Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2014-0003, 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-2014-0003 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:

Mr. Marc Phillips, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road, Unit 156, Riverdale, MD 20737; (301) 851-2114.

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 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 China has requested that the Animal and Plant Health Inspection Service (APHIS) amend the regulations to allow apples (Malus pumila) from China to be imported into the continental United States.

As part of our evaluation of China's request, we have prepared a pest risk assessment (PRA), titled "Importation of Apples (Malus pumila) from China into the Continental United States" (June 10, 2013).

The PRA evaluates the risks associated with the importation of apples into the continental United States from China. Copies of the PRA may be obtained by contacting the individual listed under FOR FURTHER INFORMATION CONTACT or viewed on the Regulations.gov Web site (see ADDRESSES above for instructions for accessing Regulations.gov). The PRA identifies 21 pests of quarantine significance present in China that could be introduced into the continental United States through the importation of Chinese apples:

Adoxophyes orana (Fischer von Roslerstamm), summer fruit tortix.

Archips micaceana (Walker), a moth.

Argyrotaenia ljungiana (Thunberg), grape tortix.

Bactrocera dorsalis (Hendel), Oriental fruit fly.

Carposina sasakii Matsumura, peach fruit moth.

Cenopalpus pulcher (Canestrini & Fanzago), flat scarlet mite.

Cryptoblabes gnidiella (Millicre), honeydew moth.

Cydia funebrana (Treitschke), plum fruit moth.

Euzophera bigella (Zeller), quince moth.

Euzophera pyriella Yang, a moth.

Grapholita inopinata Heinrich, Manchurian fruit moth.

Leucoptera malifoliella (Costa), apple leaf miner.

Monilia polystroma van Leeuwen, Asian brown rot.

Monilinia fructigena Honey, brown fruit rot.

Rhynchites auratus (Scopoli), apricot weevil.

Rhynchites bacchus (L.), peach weevil.

Rhynchites giganteus Krynicky, a weevil.

Rhynchites heros Roelofs, a weevil.

Spilonota albicana (Motschulsky), white fruit moth.

Spilonota prognathana Snellen, a moth.

Ulodemis trigrapha Meyrick, a moth.

The PRA states that measures beyond standard port-of-entry inspection are required to mitigate the risks posed by these plant pests. After consideration of potential mitigation options, we have prepared a risk management document (RMD) to recommend specific measures to mitigate these risks. Copies of the RMD may be obtained from the person listed under FOR FURTHER INFORMATION CONTACT or viewed on the Regulations.gov Web site.

Based on the recommendations of the RMD, we are proposing to allow the importation of apples from China into the continental United States only if they are produced in accordance with a systems approach; we are proposing to add the systems approach to the regulations in a new section 319.56-69 governing the importation of apples from China.

[*Federal RegisterVJ 2014-07-18]

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