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--- schema: federal-register doc_type: fedreg source_file: FR-2017-10-03.xml --- 82 190 Tuesday, October 3, 2017 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46034 2017-21164 Animal Animal and Plant Health Inspection Service RULES Imports: Fresh Persimmons From New Zealand Into the United States, 45955-45957 2017-21185 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 46042-46043 2017-21236 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46058-46062 2017-21122 2017-21188 2017-21189 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46063-46064 2017-21248 Civil Rights Civil Rights Commission NOTICES Meetings: Delaware Advisory Committee, 46034-46035 2017-21181 2017-21182 Coast Guard Coast Guard RULES Drawbridge Operations:

Sacramento River, Sacramento, CA, 45981 2017-21099 Willamette River, Portland, OR; Cancellation, 45980-45981 2017-21169 Safety Zones: Belt Parkway Bridge Construction, Gerritsen Inlet; Brooklyn, NY, 45984-45986 2017-21232 Blue Angels Air Show, St. Johns River, Jacksonville, FL, 45988-45990 2017-21196 Patapsco River, Northwest and Inner Harbors; Baltimore, MD, 45981-45984 2017-21180 Roanoke River, Plymouth, NC, 45986-45988 2017-21100 Special Local Regulations: Cumberland River, Nashville, TN, 45979-45980 2017-21166 Stage 5 Airplane Noise Standards, 45977-45978 2017-21165 PROPOSED RULES Security Zones:

Port Canaveral Harbor, Cape Canaveral Air Force Station, FL, 46007-46010 2017-21230 Special Anchorage Areas: Passagassawakeag River, Belfast Bay, Belfast, ME, 46004-46007 2017-21231 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 46035-46036 2017-21168 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evidence-Based Falls Prevention Program, 46064-46065 2017-21179 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 46043 2017-21318 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Annual Progress Reporting Form for the American Indian Vocational Rehabilitation Services Program, 46043-46044 2017-21142 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Maryland; 2011 Base Year Inventory for the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Baltimore, Maryland Nonattainment Area, 45997-46000 2017-21106 South Carolina;

Interstate Transport (Prongs 1 and 2) for the 2010 1-Hour NO <sup>2</sup> Standard, 45995-45997 2017-21121 Significant New Use Rule on Certain Chemical Substances, 45990-45995 2017-21237 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Maryland; 2011 Base Year Inventory for the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Baltimore, Maryland Nonattainment Area, 46010-46011 2017-21109 NOTICES Pesticide Products: Applications for New Uses, 46049-46050 2017-21242 Requests To Voluntarily Cancel Pesticide Registrations and Amend Registrations To Terminate Certain Uses, 46050-46056 2017-21243 2017-21244 Federal Aviation Federal Aviation Administration RULES Class E Airspace;

Establishments: Hattiesburg, MS, 45958-45959 2017-20967 Picayune, MS, 45957-45958 2017-20966 Federal Communications Federal Communications Commission PROPOSED RULES Petitions for Reconsideration of Action in Rulemaking Proceeding, 46011 2017-21239 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46056-46057 2017-21238 Meetings: Communications Security, Reliability, and Interoperability Council, 46056 2017-21240 Meetings; Sunshine Act, 46057-46058 2017-21241 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings:

Advisory Committee on Economic Inclusion, 46058 2017-21167 Terminations of Receivership: 10286—Horizon Bank, Bradenton, FL, 46058 2017-21172 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 46044-46045 2017-21206 2017-21207 2017-21208 Fish Fish and Wildlife Service PROPOSED RULES Migratory Bird Hunting: Supplemental Proposals for Migratory Game Bird Hunting Regulations for 2018-19 Hunting Season; Meetings, 46011-46015 2017-21195 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Establishing and Maintaining Lists of U.S. Milk Product, 46074-46075 2017-21212 Determination that SPECTAZOLE (Econazole Nitrate) Topical Cream, 1%, Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness, 46070-46071 2017-21174 Guidance: Abbreviated New Drug Applications for Certain Highly Purified Synthetic Peptide Drug Products That Refer to Listed Drugs of Recombinant Deoxyribonucleic Acid Origin, 46075-46076 2017-21202 Abbreviated New Drug Applications Submissions—Amendments to Abbreviated New Drug Applications Under the Generic Drug User Fee Act, 46066-46068 2017-21175 Abbreviated New Drug Applications Submissions—Refuse-to-Receive Standards:

Questions and Answers, 46072-46073 2017-21187 Formal Meetings Between the Food and Drug Administration and Abbreviated New Drug Application Applicants of Complex Products Under Generic Drug User Fee Act, 46071-46072 2017-21190 M4 Organization of the Common Technical Document for the Registration of Pharmaceuticals for Human Use; International Council for Harmonisation, 46078-46079 2017-21229 Meetings: Endocrinologic and Metabolic Drugs Advisory Committee, 46068-46069 2017-21176 Psychopharmacologic Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee, 46076-46078, 46081-46083 2017-21170 2017-21171 Topical Dermatological Generic Drug Products:

Overcoming Barriers to Development and Improving Patient Access, 46065-46066 2017-21186 Request for Comments: Range of Risk Evaluation and Mitigation Strategies Platform Standards Initiative: Needs Assessment, 46083-46084 2017-21218 Requests for Nominations: Tobacco Products Scientific Advisory Committee, 46069-46070 2017-21173 Withdrawal of Approval of 7 New Drug Applications and 71 Abbreviated New Drug Applications: Johnson & Johnson Consumer Inc. et al., 46079-46081 2017-21177 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activites:

DNP Imagingcomm America Corp., Foreign-Trade Zone 57, Charlotte, NC, 46036 2017-21215 Subzone Expansions; Applications: Consolidated Diesel Co., Foreign-Trade Zone 214, Lenoir County, NC, 46036 2017-21216 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Community Living Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Transportation Security Administration Industry Industry and Security Bureau RULES Updated Statements of Legal Authority for the Export Administration Regulations, 45959-45962 2017-21003 Interior Interior Department See Fish and Wildlife Service See Ocean Energy Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Stainless Steel Sheet and Strip in Coils From Japan, the Republic of Korea, and Taiwan, 46036-46039 2017-21210 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Wi-Fi Enabled Electronic Devices and Components Thereof, 46088-46089 2017-21157 Judicial Conference Judicial Conference of the United States NOTICES Hearings: Judicial Conference Advisory Committee on the Federal Rules of Criminal Procedure;

Cancellation, 46089 2017-21030 Justice Department Justice Department NOTICES Meetings: National Domestic Communications Assistance Center Executive Advisory Board, 46089-46090 2017-21227 Labor Department Labor Department See Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the Youth CareerConnect Grant Program, 46090-46091 2017-21217 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Training Plan Regulations and Certificate of Training, 46091-46092 2017-21250 National Institute National Institute of Standards and Technology NOTICES Meetings: Information Security and Privacy Advisory Board, 46039 2017-21158 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 46085-46087 2017-21133 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 46084-46085 2017-21139 National Heart, Lung, and Blood Institute, 46085, 46087 2017-21136 2017-21137 National Institute of Allergy and Infectious Diseases, 46085 2017-21138 National Institute of Diabetes and Digestive and Kidney Diseases, 46087 2017-21130 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species:

Atlantic Bluefin Tuna Fisheries, 46000-46002 2017-21209 Fisheries of the Northeastern United States: Northeast Multispecies Fishery; Georges Bank Cod Possession and Trip Limit Adjustment for the Common Pool Fishery, 46002-46003 2017-21234 PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska: Authorize Recreational Quota Entity to Participate in the Halibut IFQ Program, 46016-46033 2017-20894 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Cooperative Game Fish Tagging Report, 46039-46040 2017-21214 Pacific Islands Region Vessel and Gear Identification Requirements, 46041-46042 2017-21213 Meetings: Advisory Committee to the U.S. Section of the International Commission for the Conservation of Atlantic Tunas, 46041 2017-21219 Pacific Fishery Management Council, 46040 2017-21178 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 46092-46093 2017-21132 Meetings: Astronomy and Astrophysics Advisory Committee, 46093-46094 2017-21125 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Consolidated Guidance about Materials Licenses:

Program-Specific Guidance About Service Provider Licenses, 46102-46103 2017-21205 Facility Operating and Combined Licenses: Applications and Amendments Involving No Significant Hazard Considerations, etc., 46094-46102 2017-20084 Ocean Energy Management Ocean Energy Management Bureau RULES Negotiated Noncompetitive Agreements for the Use of Sand, Gravel, and/or Shell Resources on the Outer Continental Shelf, 45962-45977 2017-21233 Patent Patent and Trademark Office NOTICES Cash Payment Method Will No Longer Be Accepted, 46042 2017-21194 Postal Service Postal Service PROPOSED RULES Overweight Parcels, 46010 2017-21150 Saint Lawrence Saint Lawrence Seaway Development Corporation NOTICES Meetings:

Advisory Board, 46120 2017-21155 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46115-46116 2017-21193 Applications: American Century ETF Trust and American Century Investment Management, Inc., 46114-46115 2017-21228 PREDEX and PREDEX Capital Management, LLC, 46103-46106 2017-21156 Wells Fargo Exchange-Traded Funds Trust, et al., 46116-46117 2017-21131 Self-Regulatory Organizations; Proposed Rule Changes:

Bats BZX Exchange, Inc., 46103 2017-21160 Miami International Securities Exchange LLC, 46111-46114 2017-21163 NYSE Arca, Inc., 46106-46111 2017-21161 2017-21162 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46118-46119 2017-21198 2017-21203 2017-21235 Disaster Declarations: California, 46118 2017-21201 2017-21199 Interest Rates, 46119-46120 2017-21200 Transportation Department Transportation Department See Federal Aviation Administration See Saint Lawrence Seaway Development Corporation NOTICES Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws, 46120-46121 2017-21197 Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Critical Facility Information of the Top 100 Most Critical Pipelines, 46087-46088 2017-21251 Western Western Area Power Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46045-46049 2017-21322 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. 82 190 Tuesday, October 3, 2017 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No.

APHIS-2015-0052] RIN 0579-AE26 Importation of Fresh Persimmons From New Zealand Into the United States AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the regulations concerning the importation of fruits and vegetables to allow the importation of fresh persimmons from New Zealand into the United States. As a condition of entry, the persimmons must be produced in accordance with a systems approach that includes requirements for orchard certification, orchard pest control, post-harvest safeguards, fruit culling, traceback, sampling, and treatment with either hot water or modified atmosphere treatment.

The persimmons will also have to be accompanied by a phytosanitary certificate with an additional declaration stating that they were produced under, and meet all the components of, the systems approach and were inspected and found to be free of quarantine pests in accordance with the requirements. This action allows the importation of fresh persimmons from New Zealand while continuing to protect against the introduction of plant pests into the United States. DATES: Effective November 2, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. David B. Lamb, Senior Regulatory Policy Specialist, IRM, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231;

(301)851-2103. SUPPLEMENTARY INFORMATION: Background The regulations in “Subpart-Fruits and Vegetables” (7 CFR 319.56-1 through 319.56-79, 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. On August 26, 2016, we published in the **Federal Register** (81 FR 58870-58873, Docket No. APHIS-2015-0052) a proposal 1 to amend the fruits and vegetables regulations to allow the importation of fresh persimmons ( *Diospyros kaki* Thunb.) from New Zealand into the United States. As a condition of entry, the persimmons would have to be produced in accordance with a systems approach that includes requirements for orchard certification, orchard pest control, post-harvest safeguards, fruit culling, traceback, sampling, and treatment with either hot water or modified atmosphere treatment. The persimmons would also have to be accompanied by a phytosanitary certificate with an additional declaration stating that they were produced under, and meet all the components of, the systems approach and were inspected and found to be free of quarantine pests in accordance with the proposed requirements. 1 To view the proposed rule, supporting documents, and the comments we received, go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0052.* We solicited comments concerning our proposal for 60 days ending October 25, 2016. We received two comments by that date, from a private citizen and the national plant protection organization

(NPPO)of New Zealand. One commenter generally objected to the importation of all fruits and vegetables into the United States, but did not otherwise address any issues germane to the proposal. The other comment is discussed in greater detail below. In paragraph (d)(3) of the proposal, we proposed to require that diseased or insect-infested fruit and fruit with surface pests be culled either before or during packing and removed from the packinghouse. We also proposed to require that the culling include any damaged or deformed fruit. The NPPO of New Zealand stated that the removal of deformed fruit is a grading concern rather than a phytosanitary issue. We disagree. As explained in the proposed rule, deformed fruit is more susceptible to infestation, as is damaged fruit. In paragraph (d)(4), we proposed to require that shipping containers be marked to identify the place of production and packinghouse from which the consignment of fruit originated. The NPPO of New Zealand asked for clarification of the term “final shipping container,” which we used in the preamble of the proposed rule. The NPPO stated that each individual packed unit of New Zealand persimmons will be marked to identify the place of production and packinghouse from which the packed unit of fruit originated. Our use of the term “final shipping container” was intended to refer to the individually packed units of the consignment and not the container in which the individually packed units are shipped. We have amended the text of paragraph (d)(4) to clarify that. In paragraph (e), we proposed to require that inspectors from the NPPO of New Zealand visually inspect a sample of fruit from each consignment at a rate jointly agreed upon by the Animal and Plant Health Inspection Service (APHIS) and the NPPO of New Zealand, and cut fruit to inspect for quarantine pests that are internal feeders. The NPPO of New Zealand stated that, because there are no quarantine pests that are internal feeders on persimmons in New Zealand, cutting of fruit is not necessary. As described in the pest risk assessment, there are seven Lepidoptera pests of quarantine significance present in New Zealand that could be introduced into the United States through the importation of fresh persimmons. The larvae of some or all of these pests, which are classified as leafroller moths, may bore into the fruit and feed internally. Evidence of infestation, including entrance holes and frass, would easily be detected during visual inspection except for the extensive calyx on persimmon fruit. Therefore, we proposed to require fruit cutting as an addition to visual inspection. We agree that fruit cutting is not necessary as long as the area of the fruit under the calyx is thoroughly examined for the presence of internally feeding pests. Therefore, we are amending the language in paragraph

(e)to state that fruit cutting will be required only when visual evidence of internally feeding insects is discovered. In paragraph (c)(2), we proposed to require that the NPPO of New Zealand or its approved designee visit and inspect the places of production monthly beginning at blossom drop and continuing until the end of the shipping season for quarantine pests. In paragraph (f), we also proposed that the persimmons be treated with hot water treatment or with modified atmosphere treatment by being packed in semi-permeable polymeric bags and stored at 0 °C for a minimum of 28 days. The NPPO of New Zealand stated that, because the persimmons will undergo a 28-day cold treatment prior to export, by the time persimmons are shipped, there will not be any persimmons in the place of production to inspect. We agree with the commenter and are amending paragraph (c)(2) to state that inspection of places of production will continue until the end of the harvest season rather than the end of the shipping season. 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. 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 is not a regulatory action under Executive Order 13771. 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 . APHIS is amending the regulations in 7 CFR 319.56, to allow the importation of fresh persimmon fruit ( *Diospyros kaki* ) into the entire United States from New Zealand subject to a systems approach. Most U.S. persimmon production takes place in California, where the 2011 value of production totaled about $13.6 million. The most recent data on U.S. persimmon imports show a total value of about $4.4 million in 2015. The wholesale value of the persimmon fruit for which New Zealand has requested import access will be about $90,000 initially. The value of future imports is forecast to reach about $330,000, or about 2 percent of the U.S. persimmon market. The Small Business Administration's

(SBA)small-entity standard for entities involved in fruit farming is $750,000 or less in annual receipts (NAICS 111339). It is probable that most or all U.S. persimmon producers are small businesses by the SBA standard. We expect any impact of the rule for these entities will be minimal, given New Zealand's expected small share of the U.S. persimmon market. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This final rule allows fresh persimmons to be imported into the United States from New Zealand. State and local laws and regulations regarding fresh persimmons 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 0579-0456, 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 final rule, please contact Ms. Kimberly Hardy, APHIS' Information Collection Coordinator, at

(301)851-2483. 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 319.56-80 is added to read as follows: § 319.56-80 Persimmons from New Zealand. Fresh persimmons ( *Diospyros kaki* Thunb.) may be imported into the United States only under the conditions described in this section. These conditions are designed to prevent the introduction of the quarantine pests *Colletotrichum horii* B. Weir & P.R. Johnst., *Cnephasia jactatana* (Walker), *Cryptosporiopsis actinidiae* P.R. Johnst., M.A. Manning & X. Meier, *Ctenopseustis herana* (Felder and Rogenhofer), *Ctenopseustis obliquana* (Walker), *Epiphyas postvittana* (Walker), *Planotortrix excessana* (Walker), *Sperchia intractana* (Walker), and *Stathmopoda skelloni* (Butler).

(a)*Operational workplan.* The national plant protection organization

(NPPO)of New Zealand must provide an operational workplan to APHIS that details the activities that the NPPO of New Zealand 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 quarantine pest survey intervals and other specific requirements as set forth in this section.

(b)*Commercial consignments.* Persimmons from New Zealand may be imported in commercial consignments only. (c)(1) *Place of production requirements.* All places of production that participate in the export program must be approved by and registered with the New Zealand NPPO in accordance with the requirements of the operational workplan.

(2)The NPPO of New Zealand or its approved designee must visit and inspect the places of production monthly beginning at blossom drop and continuing until the end of the harvest season for quarantine pests. Appropriate pest controls must be applied in accordance with the operational workplan. If the NPPO of New Zealand finds that a place of production is not complying with the requirements of this section, no fruit from the place of production will be eligible for export to the United States until APHIS and the NPPO of New Zealand conduct an investigation and appropriate remedial actions have been implemented. (d)(1) *Packinghouse requirements.* All packinghouses that participate in the export program must be approved by and registered with the New Zealand NPPO in accordance with the requirements of the operational workplan.

(2)During the time the packinghouse is in use for exporting persimmons to the United States, the packinghouse may only accept persimmons from registered approved places of production and the fruit must be segregated from fruit intended for other markets.

(3)All diseased or insect-infested fruit and fruit with surface pests must be culled either before or during packing and removed from the packinghouse. Culling must also include any damaged or deformed fruit.

(4)Boxes or other containers in which the fruit is shipped must be marked to identify the place of production where the fruit originated and the packinghouse where it was packed.

(5)The NPPO of New Zealand must monitor packinghouse operations to verify that the packinghouses are complying with the requirements of the systems approach. If the NPPO of New Zealand finds that a packinghouse is not complying with the requirements of this section, no fruit from the packinghouse will be eligible for export to the United States until APHIS and the NPPO of New Zealand conduct an investigation and appropriate remedial actions have been implemented.

(e)*Sampling.* Inspectors from the NPPO of New Zealand must inspect a biometric sample of the fruit from each consignment at a rate jointly agreed upon by APHIS and the NPPO of New Zealand. The inspectors must visually inspect for quarantine pests listed in the operational workplan required by paragraph

(a)of this section and must cut fruit to inspect for the Lepidoptera pests of concern when visual signs of the internal feeders are present. If quarantine pests are detected in this inspection, the consignment will be prohibited entry into the United States.

(f)*Treatment.* Each consignment of persimmons must be subjected to a post-harvest treatment by either:

(1)*Hot water treatment.* The persimmons are held for 20 minutes in hot water at 50 °C (122 °F); or

(2)*Modified atmosphere treatment.* The persimmons are packed in semi-permeable polymeric bags and stored at 0 °C for a minimum of 28 days.

(g)*Phytosanitary certificate.* Each consignment of persimmons must be accompanied by a phytosanitary certificate of inspection issued by the New Zealand NPPO with an additional declaration stating that the fruit in the consignment were grown, packed, and inspected and found to be free of quarantine pests in accordance with the requirements of the systems approach. (Approved by the Office of Management and Budget under control number 0579-0456) Done in Washington, DC, this 27th day of September 2017. Michael C. Gregoire, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2017-21185 Filed 10-2-17; 8:45 am]

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