[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Notices]
[Pages 49251-49253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19551]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2011-0031]
Notice of Decision To Authorize the Importation of Fresh Pitayas
and Pomegranates From Mexico Into the Continental United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
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SUMMARY: We are advising the public of our decision to authorize the
importation into the continental United States of fresh pitayas and
pomegranates from Mexico. Based on the findings of pest risk analyses,
which we made available to the public for review and comment through a
previous notice, we believe 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 pitayas and pomegranates from Mexico.
DATES: As of August 13, 2013.
FOR FURTHER INFORMATION CONTACT: Mr. Marc Phillips, Senior Regulatory
Policy Specialist, Regulations, Permits, and Import Manuals, PPQ,
APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-
2114.
SUPPLEMENTARY INFORMATION:
Background
Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-58, 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.
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 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. Following the close of the 60-day
comment period, APHIS may authorize the importation of the fruit or
vegetable subject to the identified designated measures if: (1) No
comments were received on the PRA; (2) the comments on the PRA revealed
that no changes to the PRA were necessary; or (3) changes to the PRA
were made in response to public comments, but the changes did not
affect the overall conclusions of the analysis and the Administrator's
determination of risk.
In accordance with that process, we published a notice\1\ in the
Federal Register on August 2, 2011 (76 FR 46268-46269, Docket No.
APHIS-2011-0031), in which we announced the availability, for review
and comment, of PRAs that evaluate the risks associated with the
importation into the continental United States of fresh pitayas and
pomegranates from Mexico.
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\1\ To view the notice, the PRA, and the comments we received,
go to http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0031.
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We solicited comments on the notice for 60 days ending on October
3, 2011. We received three comments by that date. They were from a
State agricultural agency, a foreign trade association, and a foreign
governmental organization. The comments are discussed below by topic.
One commenter who opposed the action stated that pitayas and
pomegranates from Mexico are hosts for several species of economically
important fruit flies, specifically Anastrepha species and
Mediterranean fruit fly, as well as other surface-feeding arthropods
that could be an economic threat to agriculture in the commenter's
State. In particular, the commenter stated that irradiation at the
proposed absorbed dose of 150 Gy does not fully remove the possible
risk of introduction of exotic fruit flies.
Prior to approving the proposed 150 Gy dose, APHIS reviewed
scientific evidence on the effectiveness of this dose. The importation
of other commodities treated with this dose without the introduction or
dissemination of plant pests demonstrates the effectiveness of the
proposed 150 Gy dose as a mitigation.
The commenter also stated that the required proposed irradiation
does not mitigate the risk of the surface-feeding species of
arthropods. The commenter asked that shipments not be permitted entry
into his State until the shipping protocol has had sufficient time to
demonstrate the effectiveness of the cited mitigation measures.
As noted in the risk management documents (RMDs) for both pitayas
and pomegranates, the proposed mitigation for surface feeders on these
commodities is not irradiation, but
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inspection of the commodity by the national plant protection
organization (NPPO) of Mexico, with certification that the commodity is
free from quarantine pests of concern. Pomegranates and pitayas have
been authorized for importation from fruit fly-free areas of Mexico
since 1985, and inspectors at U.S. ports of entry have not intercepted
these surface-feeding pests on pomegranates or pitayas during their
inspections of the fruit. We expect that standard quality control of
commercial shipments including culling will remove most of these pests
from the commodity.
Some comments were specific to pitayas. Two commenters stated that
Anastrepha fraterculus, Dysmicoccus neobrevipes, and Planococcus minor
should be removed from the pest list for pitayas because of
insufficient evidence that they are pests of pitayas.
Subsequent to publication of the proposed rule, we established that
P. minor no longer meets our definition of a quarantine pest and have
added it to our list \2\ of pests that we no longer regulate. The RMD
for pitayas was revised to reflect this.
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\2\ This list can be viewed at http://www.aphis.usda.gov/plant_health/plant_pest_info/frsmp/non-reg-pests.shtml.
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APHIS has sufficient evidence that A. fraterculus has the ability
to attack pitayas. Similarly, two separate resources note that D.
neobrevipes, is present in Mexico and there is evidence that this pest
attacks pitayas. Therefore, Anastrepha fraterculus and Dysmicoccus
neobrevipes will remain on the pest list for pitayas from Mexico.
Two commenters noted that Euschistus servus is a pest of economic
significance in several crops in the United States. The commenters
stated that the lack of evidence that this pest is under official
control in the United States suggests that E. servus does not qualify
as a quarantine pest and should be removed from the pitayas pest list.
We agree. E. servus is prevalent in at least 14 States in the
United States and is not regarded as a quarantine pest. We have removed
E. servus from the list in the PRA of quarantine pests likely to follow
the pathway of pitayas from Mexico. The RMD for pitayas has also been
revised to reflect this change.
The commenters also stated that inspection by APHIS at the port of
entry should be sufficient mitigation for Maracayia chlorisalis because
the pest is present in Mexico and APHIS documentation indicates U.S.
inspectors have not intercepted this pest over 26 years of imports from
various countries.
APHIS agrees that inspection at the port of entry will be
sufficient mitigation for M. chlorisalis. As noted in our previous
notice, shipments of either pitayas or pomegranates from Mexico are
subject to inspection at the U.S. ports of entry. The proposed
irradiation treatment is a mitigation for the fruit flies associated
with pitayas, not M. chlorisalis.
The commenters also said that the likelihood of Milax species
following the pathway of pitayas is low due to the management of the
orchards, the post-harvest management of the fruit, and the sensitivity
of Milax species to the environment.
APHIS agrees that inspection at port of entry is sufficient to
mitigate the risk of Milax species.
The commenters also noted that, according to International Plant
Protection Convention (IPPC) standards, quarantine pests should be
identified at the species level.
The commenters are correct. IPPC guidelines state that quarantine
pests should be identified at the species level on additional
declarations. We have revised the RMDs for both pitayas and
pomegranates from Mexico to state that the additional declaration
should include a general statement indicating that the consignment was
inspected and found free from quarantine pests.
The remaining comments concerned pomegranates. Two commenters said
that the following pests should not be considered actionable pests
because they are not established in Mexico and are regarded as pests of
quarantine significance by Mexico's NPPO: Aleurodicus disperses,
Ceroplastes rubens, Coccus viridis, Maconellicoccus hirsutus, and
Dysmicoccus neobrevipes.
Subsequent to publication of the proposed rule, we established that
C. viridis no longer meets our definition of a quarantine pest and have
added it to our list \3\ of pests that we no longer regulate. The RMD
for pomegranates was revised to reflect this.
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\3\ This list can be viewed at http://www.aphis.usda.gov/plant_health/plant_pest_info/frsmp/non-reg-pests.shtml.
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The pests A. disperses, C. rubens, M. hirsutus, and D. neobrevipes
are on the regulated pest list for Mexico on the International Plant
Protection Convention's Web site. Several resources report the presence
of these pests in Mexico, although the specific locations within the
country are not indicated. Without survey data, it is impossible to
specify the exact areas of distribution for these pests, although APHIS
does assume that these pests have a limited distribution in Mexico.
Finally, we note these pests occur in a limited portion of the
continental United States and are considered quarantine-significant,
actionable organisms. We believe it is appropriate that A. disperses,
C. rubens, M. hirsutus, and D. neobrevipes remain on the pest list for
pomegranates from Mexico.
The commenters also said that Siphoninus phillyreae and M. hirsutus
do not qualify as quarantine pests because they are present in United
States and there is no evidence they are under official control.
S. phillyreae and M. hirsutus have limited distribution in the
United States and are currently considered by our Agency to be
quarantine-significant, actionable pests. We continue to consider them
likely to follow the pathway and, therefore, will retain them on the
pest list for pomegranates.
Therefore, in accordance with the regulations in Sec. 319.56-
4(c)(2)(ii), we are announcing our decision to authorize the
importation into the continental United States of fresh pitayas and
pomegranates from Mexico subject to the following phytosanitary
measures:
Fresh pitayas and pomegranates may be imported into the
continental United States in commercial consignments only.
The pitayas and pomegranates must be irradiated in
accordance with 7 CFR part 305 with a minimum absorbed dose of 150 Gy.
If the irradiation treatment is applied outside the United
States, each consignment of fruit must be jointly inspected by APHIS
and the NPPO of Mexico and accompanied by a phytosanitary certificate
(PC) attesting that the fruit received the required irradiation
treatment.
If the irradiation treatment is applied upon arrival in
the United States, each consignment of fruit must be inspected by the
NPPO of Mexico prior to departure. For consignments of pitayas, the
inspection must include a sampling procedure mutually agreed upon by
APHIS and the NPPO of Mexico.
The PC for consignments of pitayas or pomegranates must
also include an additional declaration stating that the consignment was
inspected and found free from quarantine pests.
The commodity is subject to inspection at the U.S. ports
of entry.
These conditions will be listed in the Fruits and Vegetables Import
Requirements database (available at http://www.aphis.usda.gov/favir).
In addition to these specific measures, pitayas and pomegranates from
Mexico will be subject to the general
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requirements listed in Sec. 319.56-3 that are applicable to the
importation of all fruits and vegetables.
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.
Done in Washington, DC, this 7th day of August 2013.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-19551 Filed 8-12-13; 8:45 am]
BILLING CODE 3410-34-P