Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2017-06-20.xml --- 82 117 Tuesday, June 20, 2017 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service RULES Imports: Fresh Pitahaya Fruit from Ecuador Into Continental United States, 27967-27970 2017-12802 PROPOSED RULES Imports: Campanula Spp. Plants for Planting in Approved Growing Media From Denmark to United States, 28015-28017 2017-12801 Antitrust Division Antitrust Division NOTICES Changes Under National Cooperative Research and Production Act:

Cooperative Research Group on Mechanical Stratigraphy and Natural Deformation in Permian Strata of Texas and New Mexico: Implications for Exploitation of Permian Basin, 28092-28093 2017-12815 DVD Copy Control Association, 28093 2017-12817 Node.js Foundation, 28092 2017-12816 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28065-28066 2017-12849 Coast Guard Coast Guard RULES Drawbridge Operations:

Back River, Barter's Island, ME, 28006-28007 2017-12780 Safety Zones: Kosciuszko Bridge Construction, Newtown Creek, Brooklyn and Queens, NY, 28007-28009 2017-12855 Special Local Regulations: Recurring Marine Events in the Captain of the Port Long Island Sound Zone, 28005-28006 2017-12742 PROPOSED RULES Security Zones: Presidential Security Zone, Palm Beach, FL, 28036-28039 2017-12853 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission RULES Revisions to Freedom of Information Act Regulations, 28001-28005 2017-12775 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Conflicts of Interest Policies and Procedures by Swap Dealers and Major Swap Participants, 28050-28052 2017-12790 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Data Collection Materials for Evaluation of Administration for Community Living's American Indian, Alaska Natives and Native Hawaiian Programs, 28066-28067 2017-12748 Supplemental Form to Financial Status Report, 28068-28069 2017-12755 Intents To Award Single Source Non-Competing Supplements to Native American Elder Justice Initiative, 28067-28068 2017-12753 Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplements:

Subgroup to DoD Regulatory Reform Task Force, Review of DFARS Part 252 Solicitation Provisions and Contract Clauses, 28041-28042 2017-12731 Defense Department Defense Department See Defense Acquisition Regulations System See Navy Department NOTICES Defense Health Agency Evaluation of Non-United States Food and Drug Administration Approved Laboratory Developed Tests Demonstration Project, 28052 2017-12840 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Assessment of Educational Progress 2018 and 2019 Item Library, 28054-28055 2017-12861 PLUS Adverse Credit Reconsideration Loan Counseling, 28053 2017-12749 Revision of National Center for Education Statistics Confidentiality Pledges Under Confidential Information Protection and Statistical Efficiency Act and Education Sciences Reform, 28053-28054 2017-12756 Employee Benefits Employee Benefits Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Draft Model Non-Quantitative Treatment Limitations Form, 28095-28097 2017-12773 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Nuclear Energy Advisory Committee; Cancellation, 28055 2017-12788 Environmental Protection Environmental Protection Agency RULES Amendment to Standards and Practices for All Appropriate Inquiries Under CERCLA, 28009-28012 2017-12841 PROPOSED RULES Amendment to Standards and Practices for All Appropriate Inquiries Under CERCLA, 28040-28041 2017-12839 Federal Aviation Federal Aviation Administration RULES Air Traffic Service Routes;

Amendments and Establishments: Northcentral United States, 27986-27988 2017-12713 Airworthiness Directives: Airbus Airplanes, 27979-27986 2017-12286 2017-12289 Bombardier, Inc., Airplanes, 27975-27977 2017-12396 The Boeing Company Airplanes, 27970-27975, 27977-27979 2017-12175 2017-12176 2017-12397 Amendment of Class E Airspace: Eugene, OR, 27990-27991 2017-12708 Class E Airspace; Establishments: Sacramento, CA, 27988-27990 2017-12550 Establishment of Class E Airspace: Grayling, AK, 27991-27992 2017-12706 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures;

Miscellaneous Amendments, 27992-28001 2017-12462 2017-12463 2017-12464 2017-12465 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 28020-28023, 28030-28033 2017-12613 2017-12614 Honeywell International Inc. Turbofan Engines, 28028-28030 2017-12561 Textron Aviation Inc. Airplanes, 28026-28028 2017-12512 The Boeing Company Airplanes, 28023-28026 2017-12612 Amendment of Class E Airspace: Canadian, TX; and Wheeler, TX, 28033-28035 2017-12704 Greenwood/Wonder Lake, IL, 28035-28036 2017-12711 NOTICES Meetings:

Radio Technical Commission for Aeronautics SC206 Aeronautical Information and Meteorological Data Link Services Plenary, 28219 2017-12843 Tenth Radio Technical Commission for Aeronautics SC-233 Plenary, 28218 2017-12852 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28056-28065 2017-12827 2017-12828 2017-12829 2017-12830 2017-12831 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 28065 2017-12896 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Effectiveness of Community's Implementation of NFIP Community Assistance Program CAC and CAV Reports, 28083-28084 2017-12772 Emergency Notification System, 28083 2017-12759 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Radford, VA, 28055-28056 2017-12864 Federal Highway Federal Highway Administration NOTICES Federal Agency Actions:

Interstate 395 Express Lanes Northern Extension Study in the City Of Alexandria, Arlington County, and Fairfax County, VA, 28219-28220 2017-12629 Federal Railroad Federal Railroad Administration NOTICES Discontinuances or Modifications of Railroad Signal Systems; Applications for Approvals, 28220-28221 2017-12795 2017-12796 Petitions for Waivers of Compliance: Village of New Lenox, IL, 28221 2017-12797 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings:

Board Member, 28065 2017-12847 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28221-28222 2017-12787 Fish Fish and Wildlife Service NOTICES Endangered Species Recovery Permits; Applications, 28088-28090 2017-12786 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Participation in Food and Drug Administration Fellowship Programs, 28075-28076 2017-12781 Food and Drug Administration Rapid Response Surveys, 28074-28075 2017-12782 Food Canning Establishment Registration, Process Filing, and Recordkeeping for Acidified Foods and Thermally Processed Low-Acid Foods in Hermetically Sealed Containers, 28069-28072 2017-12783 Guidance for Industry on Registration of Human Drug Compounding Outsourcing Facilities Under Federal Food, Drug, and Cosmetic Act, 28076-28078 2017-12838 New Drug Applications:

Pre-Submission Facility Correspondence Associated With Priority Submissions; Draft Guidance for Industry; Availability, 28072-28074 2017-12836 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 28225-28226 2017-12807 2017-12899 Foreign Claims Foreign Claims Settlement Commission NOTICES Commencement of Claims Program, 28093 2017-12574 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Community Living Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Findings of Research Misconduct, 28078-28079 2017-12744 Single-Source Grants:

Professionalism and Integrity in Research Program, 28079 2017-12747 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Resident Opportunity and Self Sufficiency Grant Forms, 28087-28088 2017-12823 Public Housing Financial Management Template, 28086 2017-12821 Rent Schedule—Low Income Housing, 28086-28087 2017-12824 Technical Processing Requirements for Multifamily Project Mortgage Insurance, 28085-28086 2017-12825 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Lined Paper Products From India, 28047-28048 2017-12818 Certain Oil Country Tubular Goods From India, 28045-28046 2017-12819 Potassium Permanganate From the People's Republic of China, 28043-28045 2017-12820 2017-12822 Meetings: Environmental Technologies Trade Advisory Committee, 28046-28047 2017-12758 Justice Department Justice Department See Antitrust Division See Foreign Claims Settlement Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Bureau of Justice Assistance Application Form—Public Safety Officers' Benefits Program Applications Package, 28094-28095 2017-12778 Proposed Consent Decrees: Clean Water Act, 28095 2017-12835 Labor Department Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines, 28097 2017-12774 Land Land Management Bureau NOTICES Crude Helium Auction and Sale for Fiscal Year 2018 Delivery, 28090-28092 2017-12813 Maritime Maritime Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Voluntary Intermodal Sealift Agreement, 28222-28223 2017-12793 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: National Council on Humanities, 28099-28100 2017-12850 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities NOTICES Meetings: Arts and Artifacts Indemnity Panel Advisory Committee, 28100 2017-12848 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 28079-28081 2017-12750 2017-12751 National Center for Advancing Translational Sciences, 28081-28082 2017-12752 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 2017 Commercial Accountability Measure and Closure for Gulf of Mexico Greater Amberjack, 28013-28014 2017-12746 Pacific Halibut Fisheries: Catch Sharing Plan; Correction, 28012-28013 2017-12722 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 28048 2017-12776 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Economic Value of Whale Watching in Stellwagen Bank National Marine Sanctuary, 28048-28049 2017-12777 Endangered and Threatened Species: Initiation of 5-Year Review for Endangered Gulf of Maine Distinct Population Segment of Atlantic Salmon, 28049-28050 2017-12789 Navy Navy Department NOTICES Government-Owned Inventions; Available for Licensing, 28052-28053 2017-12833 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Petitions for Rulemaking;

Denials: Decoupling an Assumed Loss of Offsite Power From Loss-Of-Coolant Accident, 28017-28020 2017-12792 NOTICES Draft Regulatory Guides: Applications for Nuclear Power Plants, 28101-28102 2017-12837 Meetings; Sunshine Act, 28100-28101 2017-12931 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Underground Construction Standard, 28098-28099 2017-12809 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety:

Safety of Underground Natural Gas Storage Facilities; Petition for Reconsideration, 28224-28225 2017-12806 Requests for Nominations: Gas and Liquid Advisory Committee, 28223-28224 2017-12805 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 28039-28040 2017-12779 Presidential Documents Presidential Documents EXECUTIVE ORDERS Apprenticeships; Expansion Efforts in U.S. (EO 13801), 28227-28232 2017-13012 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 28156 2017-12832 Joint Industry Plans: Bats BYX Exchange, Inc., Bats BZX Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange, Inc., BOX Options Exchange, LLC, et al., 28180-28198 2017-12771 Meetings; Sunshine Act, 28105, 28156 2017-12897 2017-12898 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 28147-28150, 28198-28200 2017-12760 2017-12768 Chicago Board Options Exchange, Inc., 28103, 28150-28152 2017-12766 2017-12767 Investors Exchange, LLC, 28153-28156 2017-12886 NASDAQ BX, Inc., 28103-28105 2017-12765 Nasdaq GEMX, LLC, 28204-28207 2017-12762 Nasdaq ISE, LLC, 28102-28103, 28109-28113, 28178-28180 2017-12763 2017-12764 2017-12893 Nasdaq MRX, LLC, 28113-28125 2017-12887 NASDAQ PHLX, LLC, 28171-28173 2017-12888 NASDAQ Stock Market, LLC, 28126-28141, 28176-28178 2017-12769 2017-12894 National Securities Clearing Corp., 28141-28147 2017-12892 New York Stock Exchange, LLC, 28173-28176, 28200-28204 2017-12804 2017-12884 NYSE Arca, Inc., 28106-28109, 28152, 28157-28170 2017-12761 2017-12770 2017-12885 Options Clearing Corp., 28207-28215 2017-12891 State Department State Department NOTICES Global Magnitsky Human Rights Accountability Act Report, 28215-28216 2017-12791 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 28082-28083 2017-12851 Trade Representative Trade Representative, Office of United States NOTICES Requests for Comments: Public Hearing Concerning Out-of-Cycle Review of Rwanda, Tanzania, and Uganda Eligibility for Benefits under African Growth and Opportunity Act, 28217-28218 2017-12784 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Foreign Assets Control Office U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Certification of Military or Naval Service, 28084-28085 2017-12757 Separate Parts In This Issue Part II Presidential Documents, 28227-28232 2017-13012 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 117 Tuesday, June 20, 2017 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No.

APHIS-2015-0004] RIN 0579-AE12 Importation of Fresh Pitahaya Fruit From Ecuador Into the Continental United States AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the fruits and vegetables regulations to allow the importation of fresh pitahaya fruit into the continental United States from Ecuador. As a condition of entry, the fruit will have to be produced in accordance with a systems approach that includes requirements for fruit fly trapping, pre-harvest inspections, approved production sites, and packinghouse procedures designed to exclude quarantine pests.

The fruit will also be required to be imported in commercial consignments and accompanied by a phytosanitary certificate issued by the national plant protection organization of Ecuador stating that the consignment was produced and prepared for export in accordance with the requirements of the systems approach. This action will allow for the importation of fresh pitahaya fruit from Ecuador while continuing to provide protection against the introduction of plant pests into the United States.

DATES: Effective July 20, 2017. FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, M.S., Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, Imports, Regulations and Manuals, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231;

(301)851-2352; email: *Claudia.Ferguson@aphis.usda.gov* . SUPPLEMENTARY INFORMATION: Background Under the regulations in “Subpart—Fruits and Vegetables” (7 CFR 319.56-1 through 319.56-76, 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. On April 8, 2016, we published in the **Federal Register** (81 FR 20575-20579, Docket No. APHIS-2015-0004) a proposal 1 to amend the regulations in order to allow fresh fruit of any color of pitahaya ( *Hylocereus* spp., *Acanthocereus* spp., *Cereus* spp., *Echinocereus* spp., *Escontria* spp., *Myrtillocactus* spp., and *Stenocereus* spp.) to be imported into the continental United States. (Hereafter we refer to these species collectively as “pitahaya.”) We also prepared a pest risk assessment

(PRA)and a risk management document (RMD). The PRA evaluates the risks associated with the importation of fresh pitahaya fruit from Ecuador into the continental United States. The RMD relies upon the findings of the PRA to determine the phytosanitary measures necessary to ensure the safe importation into the continental United States of fresh pitahaya fruit from Ecuador. 1 To view the proposed rule, public comments, and supporting documents, go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0004.* In the proposed rule, we noted that the PRA identified one quarantine pest present in Ecuador that could be introduced into the continental United States through the importation of fresh pitahaya fruit: *Anastrepha fraterculus* (Wiedemann), South American fruit fly. We determined in the PRA that measures beyond standard port of arrival inspection will mitigate the risks posed by this plant pest and proposed a systems approach that includes requirements for fruit fly trapping, pre-harvest inspections, approved production sites, and packinghouse procedures designed to exclude quarantine pests. The fresh pitahaya fruit will also be required to be imported in commercial consignments and accompanied by a phytosanitary certificate issued by the national plant protection organization

(NPPO)of Ecuador stating that the consignment was produced and prepared for export in accordance with the requirements of the systems approach. We solicited comments concerning our proposal for 60 days ending June 7, 2016. We received 12 comments during the comment period. Eight commenters, consisting of shippers, growers, and consumers, stated general support for the proposed action. The remaining four commenters did not categorically oppose the rule but did raise questions about its provisions that we address below. One commenter stated that the proposed rule indicates there is a lack of adequate data that would allow APHIS to determine the economic effects of the rule. The commenter added that additional analysis should be conducted to ensure that small entities, specifically the United States pitahaya growers, should not receive any adverse effects of this rule change. We note in the final regulatory flexibility analysis prepared for this rule that we received no adverse comments with respect to the specific economic impacts on small entities. Therefore, in the absence of apparent significant economic impacts and based on our review of available information, APHIS does not expect the proposed rule to have a significant economic impact on small entities and that additional analysis is not necessary. The same commenter asked why the operational workplan required in proposed § 319.56-77(a) 2 does not outline any specific requirements for the workplan itself, other than that it must be approved by APHIS. 2 In the proposed rule, the section number we proposed to include in the Code of Federal Regulations was § 319.56-76. As another rulemaking was published between the proposed and final versions of this rule, we have adjusted the number for this rulemaking accordingly. Section 319.56-77(a) does in fact outline specific requirements that must be met by the operational workplan. The workplan provided to APHIS by the NPPO of Ecuador must detail activities that the NPPO of Ecuador will, subject to APHIS' approval of the workplan, carry out to meet the requirements of the section. Four commenters communicated concerns about the risk of introducing *A. fraterculus* into the continental United States via the pathway of fresh pitahaya imported from Ecuador. One commenter representing the State of Florida stated that an introduction of *A. fraterculus* would severely impact Florida's $8.25 billion dollar agricultural industry. The commenter stated that fruit infested with internal *A. fraterculus* larvae are highly likely to escape detection during culling and recommended that shipments of pitahaya from Ecuador not be allowed into Florida. Another commenter representing an organization of State plant regulatory agencies was not opposed to the proposed systems approach as long as there is full adoption of the control measures identified in the RMD to manage *A. fraterculus* and strict monitoring and enforcement of the systems approach. The commenter noted Florida's recommendation to prohibit shipments of pitahaya from Ecuador into Florida but did not state a position on the recommendation. We acknowledge the commenters' concerns over the risk of introducing *A. fraterculus* into the continental United States via the pathway of fresh pitahaya from Ecuador, particularly in areas of the southern United States that could sustain permanent *A. fraterculus* populations. However, we have determined that the production and inspection practices contained in the systems approach, which include requirements for fruit fly trapping, pre-harvest inspections, and packinghouse pest exclusion procedures, will sufficiently mitigate the risk of *A. fraterculus* in imports of fresh pitahayas from Ecuador. Moreover, during a 2016 site visit to Ecuador conducted after publication of the proposed rule, we determined the host population of *A. fraterculus* in pitahaya areas of production to be negligible with respect to pest risk, rendering unnecessary the proposed requirement prohibiting other host crops of *A. fraterculus* to be grown within 100 meters of pitahaya fields. Therefore, we are removing the requirement by amending proposed § 319.56-77(c)(2) accordingly. One commenter noted that proposed § 319.56-77(e)(2) states the action that must be taken if a single larva of *A. fraterculus* is found in a shipment. The commenter asked if more than a single larva is found, whether further action will be taken regarding the remaining shipment of pitahaya fruit on lots other than that in which the larva was discovered. The requirement in § 319.56-77(e)(2) states that if a single larva of *A. fraterculus* is found in a shipment from a place of production (either by the NPPO in Ecuador or by inspectors at the continental United States port of entry), the entire lot of fruit will be prohibited from import into the United States and the place of production of that fruit will be suspended from the export program until appropriate measures agreed upon by the NPPO of Ecuador and APHIS have been taken. In other words, all lots comprising that shipment will be prohibited from import into the United States regardless of whether one or more larvae of *A. fraterculus* are found. Furthermore, suspension of the place of production from the export program will allow the NPPO and APHIS to take appropriate measures to mitigate the risk of future detections in shipments of pitahayas from that place of production. Another commenter, concerned by the risk posed by *A. fraterculus,* stated that APHIS is over-relying on the NPPO of Ecuador to enforce pest control protocols and that measures should be adopted for additional review of the NPPO's enforcement actions. We consider APHIS' oversight of the NPPO of Ecuador's enforcement of the systems approach to be adequate to mitigate the risk of *A. fraterculus* following the pathway of fresh pitahaya from Ecuador to the continental United States. Under § 319.56-77(a), the NPPO of Ecuador must provide an operational workplan to APHIS that details activities that the NPPO of Ecuador will, subject to APHIS' approval of the workplan, carry out to meet the requirements of this section. In addition, each consignment of pitahaya fruit must be accompanied by a phytosanitary certificate issued by the NPPO of Ecuador stating that the consignment was produced and prepared for export in accordance with the requirements of the systems approach in § 319.56-77. 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 change discussed in this document. Executive Orders 12866 and 13771 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 Office of Management and Budget. Further, because this rule is not significant, it does not trigger the requirements of Executive Order 13771. In accordance with 5 U.S.C. 604, we have performed a final regulatory flexibility analysis, which is summarized below, regarding the economic effects of this rule on small entities. 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 . This rule amends the regulations to allow the importation of fresh pitahaya fruit (of any color) ( *Hylocereus* spp., *Acanthocereus* spp., *Cereus* spp., *Echinocereus* spp., *Escontria* spp., *Myrtillocactus* spp., and *Stenocereus* spp.) into the continental United States from Ecuador using a systems approach to pest risk mitigation. The systems approach will integrate prescribed mitigation measures that cumulatively achieve the appropriate level of phytosanitary protection. Entities potentially affected by the rule are U.S. pitahaya fruit growers, of which most, if not all, are small entities. Pitahaya fruit, or dragon fruit, is produced in Hawaii, California, and Florida. It is estimated that these States produce over 11,000 metric tons of pitahaya fruit per year. The quantity of pitahaya fruit that will be imported from Ecuador is uncertain, but the entire pitahaya export volume of Ecuador is estimated to be 165 metric tons, which is 1.4 percent of U.S. production. Farms producing pitahaya fruit are classified within the North American Industry Classification System under Other Noncitrus Fruit Farming (NAICS 111339). For this industry classification, a business is considered to be a small entity if its annual receipts are not more than $750,000. It is probable that most or all U.S. producers of pitahaya are small businesses by the U.S. Small Business Administration standard. We expect any impact of the rule for these entities will be minimal, given Ecuador's expected small share of the U.S. pitahaya market. Based on our review of available information, APHIS does not expect the rule to have a significant economic impact on small entities. In the absence of significant economic impacts, we have not identified alternatives that will minimize such impacts. Executive Order 12988 This final rule allows fresh pitahaya fruit to be imported into the continental United States from Ecuador. State and local laws and regulations regarding fresh pitahaya fruit imported under this rule will be preempted while the fruit is in foreign commerce. Fresh fruits are generally imported for immediate distribution and sale to the consuming public, and remain in foreign commerce until sold to the ultimate consumer. The question of when foreign commerce ceases in other cases must be addressed on a case-by-case basis. No retroactive effect will be given to this rule, and this rule will not require administrative proceedings before parties may file suit in court challenging this rule. 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 0579-0447, have been submitted for approval to the Office of Management and Budget (OMB). When OMB notifies us of its decision, if approval is denied, we will publish a document in the **Federal Register** providing notice of what action we plan to take. 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 rule, please contact Ms. Kimberly Hardy, APHIS' Information Collection Coordinator, at

(301)851-2483. Lists 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 319.56-77 is added to read as follows: § 319.56-77 Pitahaya from Ecuador. Fresh pitahaya ( *Hylocereus* spp., *Acanthocereus* spp., *Cereus* spp., *Echinocereus* spp., *Escontria* spp., *Myrtillocactus* spp., and *Stenocereus* spp.) from Ecuador may be imported into the continental United States only under the conditions described in this section. These conditions are designed to prevent the introduction of the following quarantine pest: *Anastrepha fraterculus* (Wiedemann), South American fruit fly.

(a)*General requirements.* The national plant protection organization

(NPPO)of Ecuador must provide an operational workplan to APHIS that details activities that the NPPO of Ecuador will, subject to APHIS' approval of the workplan, carry out to meet the requirements of this section. The operational workplan must include and describe the specific requirements as set forth in this section.

(b)*Commercial consignments.* Pitahaya from Ecuador may be imported in commercial consignments only.

(c)*Production site requirements.*

(1)All production sites that participate in the pitahaya export program must be approved by and registered with the NPPO of Ecuador in accordance with the operational workplan.

(2)Trees and other structures, other than the crop itself, must not shade the crop during the day. Pitahaya fruit that has fallen on the ground must be removed from the place of production at least once every 7 days and may not be included in field containers of fruit to be packed for export. Harvested pitahayas must be placed in field cartons or containers that are marked to show the place of production so that traceback is possible.

(3)The production sites must be inspected prior to each harvest by the NPPO of Ecuador or its approved designee in accordance with the operational workplan. An approved designee is an entity with which the NPPO creates a formal agreement that allows that entity to certify that the appropriate procedures have been followed. If APHIS or the NPPO of Ecuador finds that a place of production is not complying with the requirements of the systems approach, no fruit from the place of production will be eligible for export to the continental United States until APHIS and the NPPO of Ecuador conduct an investigation and appropriate remedial actions have been implemented.

(4)The registered production sites must conduct trapping for the fruit fly *A. fraterculus* at each production site in accordance with the operational workplan. Personnel conducting the trapping and pest surveys must be hired, trained, and supervised by the NPPO of Ecuador. The trapping must begin at least 1 year before harvest begins and continue through the completion of harvest.

(5)If more than an average of 0.07 *A. fraterculus* per trap per day is trapped for more than 2 consecutive weeks, the production site will be ineligible for export until the rate of capture drops to less than that average. If levels exceed that average per trap per day, from 2 months prior to harvest to the end of the shipping season, the production site will be prohibited from shipping under the systems approach until APHIS and the NPPO of Ecuador both agree that the pest risk has been mitigated. As conditions warrant, the average number of *A. fraterculus* per trap per day may be raised or lowered if jointly agreed to between APHIS and the NPPO of Ecuador in the operational workplan.

(6)The NPPO of Ecuador must maintain records of trap placement, checking of traps, and any quarantine pest captures in accordance with the operational workplan. Trapping records must be maintained for APHIS review for at least 1 year.

(d)*Packinghouse requirements.*

(1)The NPPO of Ecuador must monitor packinghouse operations to verify that the packinghouses are complying with the requirements of the systems approach. If the NPPO of Ecuador finds that a packinghouse is not complying with the requirements of the systems approach, no pitahaya fruit from the packinghouse will be eligible for export to the continental United States until APHIS and the NPPO of Ecuador conduct an investigation and both agree that the pest risk has been mitigated.

(2)All packinghouses that participate in the pitahaya export program must be registered with the NPPO of Ecuador.

(3)The pitahaya fruit must be packed within 24 hours of harvest in a pest-exclusionary packinghouse. The pitahaya shipment must be safeguarded by an insect-proof mesh screen or plastic tarpaulin while in transit to the packinghouse and while awaiting packing. These safeguards must remain intact until arrival in the continental United States or the consignment will be denied entry.

(4)During the time the packinghouse is in use for exporting pitahaya fruit to the continental United States, the packinghouse may only accept pitahaya fruit from registered production sites.

(e)*Phytosanitary inspection.*

(1)A biometric sample of pitahaya fruit (jointly agreed upon by APHIS and the NPPO) must be inspected in Ecuador by the NPPO of Ecuador following post-harvest processing. The biometric sample must be visually inspected for any quarantine pests, and a portion of the fruit will be cut open if signs of *A. fraterculus* are observed.

(2)Pitahaya fruit presented for inspection at the port of entry to the United States must be identified in the shipping documents accompanying each lot of fruit to specify the production site or sites, in which the fruit was produced, and the packinghouse or houses in which the fruit was processed, in accordance with the requirements in the operational workplan. This identification must be maintained until the fruit is released for entry into the continental United States. The pitahaya fruit are subject to inspection at the port of entry for all quarantine pests of concern, including *A. fraterculus.* If a single larva of *A. fraterculus* is found in a shipment from a place of production (either by the NPPO in Ecuador or by inspectors at the continental United States port of entry), the entire lot of fruit will be prohibited from importation into the continental United States, and the place of production of that fruit will be suspended from the export program until appropriate measures agreed upon by the NPPO of Ecuador and APHIS have been taken.

(f)*Phytosanitary certificate.* Each consignment of pitahaya fruit must be accompanied by a phytosanitary certificate issued by the NPPO of Ecuador stating that the consignment was produced and prepared for export in accordance with the requirements of § 319.56-77. (Approved by the Office of Management and Budget under control number 0579-0447.) Done in Washington, DC, this 14th day of June 2017. Michael C. Gregoire, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2017-12802 Filed 6-19-17; 8:45 am]

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