[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Rules and Regulations]
[Pages 5179-5181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02382]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2017-0074]


Supplemental Requirements for Importation of Fresh Citrus From 
Colombia Into the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notification of supplemental requirements; request for 
comments.

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SUMMARY: We are notifying the public of our decision to supplement our 
requirements governing the importation of fresh sweet orange, 
grapefruit, mandarin, clementine, and tangerine fruit from Colombia 
into the United States and are requesting public comment on these 
changes. We have determined that, in order to mitigate the current pest 
risks posed by the importation of these commodities from Colombia into 
the United States, it is necessary to supplement the phytosanitary 
requirements now in place with additional requirements. This action 
will help to protect the United States against plant pests while 
allowing the resumption of imports of fresh sweet orange, grapefruit, 
mandarin, clementine, and tangerine fruit from Colombia, which were 
suspended in 2016 due to the discovery of new plant pests in South 
America.

DATES:  These requirements will be authorized for use on fresh sweet 
orange, grapefruit, mandarin, clementine, and tangerine fruit from 
Colombia beginning February 6, 2018. We will consider all comments that 
we receive on or before April 9, 2018.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0074.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2017-0074, 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-2017-
0074 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: Ms. Claudia Ferguson, Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 
851-2352.

SUPPLEMENTARY INFORMATION: 
    Under the regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-81, referred to below as the regulations), the 
Animal and Plant Health Inspection Service (APHIS) of the United States 
Department of Agriculture (USDA) prohibits or restricts the importation 
of fruits and vegetables into the United States from certain parts of 
the world in an effort to prevent plant pests from being introduced 
into and spread within the United States.
    Section 319.56-3, which includes general import requirements for 
fruits and vegetables, authorizes the importation of fresh sweet orange 
(Citrus sinensis (L.), grapefruit (Citrus paradisi MacFad), mandarin 
(Citrus reticulata Blanco), clementine (Citrus clementina Hort. Ex 
Tanaka), and tangerine (Citrus tangerine Tanaka) fruit from Colombia 
into the United States. The general import requirements include an 
import permit issued by APHIS and inspection of the fruit by APHIS 
officials at the port of first arrival. Additionally, as a condition of

[[Page 5180]]

entry,\1\ APHIS requires consignments of fresh citrus fruit from 
Colombia to undergo cold treatment in accordance with 7 CFR part 305.
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    \1\ Condition of entry requirements are listed in the APHIS 
Fruits and Vegetables Import Requirements (FAVIR) database: https://epermits.aphis.usda.gov/manual/index.cfm?action=cirReportP&PERMITTED_ID=5735.
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    In March 1963, USDA authorized imports of citrus fruit into the 
United States from Colombia. In 1995, Colombia stopped shipping 
commercial consignments of citrus fruit to the United States because of 
decreased citrus production and increased domestic citrus consumption. 
Twenty years later, in December 2015, Colombia announced their 
intention to resume exporting commercial consignments of citrus to the 
United States. That same month, APHIS notified the national plant 
protection organization (NPPO) of Colombia that it was temporarily 
suspending its authorization for imports of sweet oranges, tangerines, 
grapefruit, clementines, and mandarins from Colombia and cancelling 
permits until further notice. The NPPO of Colombia acknowledged the 
suspension and no shipments of citrus from Colombia entered the United 
States. We suspended imports because we noted the emergence of new 
citrus pests in South America since Colombia initially received 
approval to export citrus fruit to the United States. In order to 
protect the United States from plant pests following the pathway of 
citrus imported from Colombia, we decided to assess the risk potential 
of these new citrus pests and develop mitigation requirements before 
considering a request from the NPPO of Colombia on whether to lift the 
temporary suspension on commercial shipments.
    To determine the current pest risk potential, we prepared a pest 
risk assessment (PRA), followed by a commodity import evaluation 
document (CIED) that details risk mitigation measures. Copies of the 
PRA and the CIED may be obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT or viewed on the Regulations.gov website 
(see ADDRESSES for instructions for accessing Regulations.gov).
    The PRA, titled ``Importation of Fresh Citrus Fruit, including 
Sweet Oranges (Citrus sinensis (L.), Grapefruit (C. paradisi Macfad.), 
Mandarin (C. reticulata Blanco), Clementine (C. clementina Hort. Ex 
Tanaka), and Tangerine (C. tangerina Tanaka) from Colombia into the 
United States (October 2016),'' evaluates the risks associated with the 
importation of fresh citrus fruit from Colombia into the United States. 
The CIED relies upon the findings of the PRA to establish phytosanitary 
risk management measures necessary to ensure the safe importation into 
the United States of fresh citrus fruit from Colombia.
    Eleven pests that could follow the pathway of fresh citrus fruit 
imported from Colombia met the threshold for unacceptable consequences 
of introduction into the United States:
     Brevipalpus obovatus Donnadieu, privet mite, ornamental 
flat mite;
     Brevipalpus phoenicis (Geijskes), red and black flat mite;
     Schizotetranychus hindustanicus (Hirst), Hindustan citrus 
mite;
     Neosilba pendula Bezzi, cassava shoot fly, lance fly;
     Neosilba zadolicha (McAlphine and Steyskal), lonchaeid 
fly, lance fly;
     Anastrepha fraterculus (Wiedemann), South American fruit 
fly;
     Anastrepha serpentina (Wiedemann), sapote fruit fly;
     Anastrepha striata Schiner, guava fruit fly;
     Ceratitis capitata (Wiedemann), Mediterranean fruit fly, 
Medfly;
     Gymnandrosoma aurantianum (Lima), citrus fruit borer; and
     Citrus leprosis virus, CILV.
    Our assessment indicated that the citrus fruit borer, as well as 
the South American, guava, and Mediterranean fruit flies, have a high 
likelihood of following the pathway of citrus fruit from Colombia. All 
other quarantine pests on the list were determined to have a medium 
likelihood of doing so.
    We determined from the PRA that the import requirements originally 
established for citrus fruit from Colombia were no longer sufficient to 
mitigate the risk posed by these quarantine pests. These conditions 
were the general import requirements enumerated in Sec.  319.56-3 and 
two of the five designated phytosanitary measures listed under Sec.  
319.56-4(b), specifically, that citrus fruit be treated in accordance 
with 7 CFR part 305 and inspected by APHIS officials at the port of 
first arrival.
    Under Sec.  319.56-4(d) of the regulations, if we determine that 
one or more of the five designated phytosanitary measures is not 
sufficient to mitigate the risk posed by the fruits and vegetables that 
are currently authorized for importation into the United States under 
Sec.  319.56-4, we will prohibit or further restrict importation of the 
fruit or vegetable and may also publish a document in the Federal 
Register advising the public of our finding. The document will specify 
the amended import requirements, provide an effective date for the 
change, and will invite public comment on the subject. We are 
publishing this notification of our decision to supplement the import 
requirements for Colombian citrus in accordance with this provision.
    Based on our findings in the PRA, we are requiring the application 
of the additional pest risk management measures identified in the CIED 
in order for sweet oranges, tangerines, grapefruit, clementines, and 
mandarins to be eligible for importation from Colombia into the United 
States. These measures, discussed in further detail below, are: (1) 
Importation in commercial consignments only, (2) production of fruit 
only in places of production registered and approved by the NPPO, (3) 
effective fruit fly trapping programs in the places of production, and 
(4) standard packinghouse procedures. Furthermore, each commercial 
consignment must be accompanied by a phytosanitary certificate with an 
additional declaration issued by the NPPO of Colombia.
    APHIS and the NPPO of Colombia have agreed to an operational 
workplan that details how the risk management measures listed in the 
CIED will be carried out, subject to APHIS' approval. APHIS will be 
directly involved with the NPPO in monitoring and auditing 
implementation of the operational workplan. The additional import 
requirements for fresh citrus from Colombia are described below.

Commercial Consignments

    We are requiring that only commercial consignments of fresh sweet 
oranges, tangerines, grapefruit, clementines, and mandarins be accepted 
for export from Colombia into the United States. Produce grown 
commercially is less likely to be infested with plant pests than 
noncommercial consignments. Noncommercial consignments are more prone 
to infestations because the commodity is often ripe to overripe, could 
be of a variety with unknown susceptibility to pests, or is grown with 
little or no pest control. Commercial consignments, as defined in Sec.  
319.56-2 of the regulations, are consignments that an inspector 
identifies as having been imported for sale and distribution.
    In addition, fresh sweet oranges, tangerines, grapefruit, 
clementines, and mandarins in commercial consignments for export from 
Colombia into the United States must be practically free of leaves, 
twigs and other plant parts, except for stems that are less than 1 inch 
long and attached to the fruit.

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Production Site Requirements

    We are also requiring that sweet oranges, tangerines, grapefruit, 
clementines, and mandarins intended for importation into the United 
States from Colombia be grown only in places of production that are 
registered with, and approved by, the NPPO of Colombia. APHIS reserves 
the right to conduct audits and inspect the places of production, as 
necessary.
    Identity and origin of the fruit must be maintained from the grove, 
through the packing house, and through export of consignments to the 
United States. Registration makes it easier to trace consignments of 
fruit back to the place of production and to apply remedial measures or 
the removal of places of production from the import program in 
accordance with the operational workplan if quarantine pests are 
discovered in consignments destined for the United States.
    In addition, we are requiring that plant litter and fallen fruit be 
removed from the places of production to reduce potential fruit fly, 
lonchaeid fly, and Lepidoptera host material. Plant litter and fallen 
fruit must not be included in field containers of fruit brought to the 
packinghouse to be packed for export to the United States.
    We are also requiring that the NPPO of Colombia certify that the 
places of production growing sweet oranges, tangerines, grapefruit, 
clementines, and mandarins for export to the United States have 
effective fruit fly trapping programs approved by APHIS and that places 
of production follow pest control guidelines, when necessary, to reduce 
regulated pest populations. Personnel conducting the trapping and pest 
surveys must be hired, trained, and supervised by the NPPO of Colombia 
or be personnel authorized by the NPPO. Details of the trapping program 
will be included in the operational workplan.
    To ensure that the trapping is being properly conducted, we are 
requiring that the NPPO of Colombia keep records of fruit fly 
detections for each trap and make the records available to APHIS upon 
request. The NPPO is required to maintain such records for at least 3 
years. The NPPO of Colombia is also required to regularly visit and 
inspect places of production through the citrus exporting season, 
starting 30 days before harvest and continuing until the end of the 
shipping season, to ensure that growers and packers are following 
export protocols. If the NPPO of Colombia finds that a place of 
production is not complying with the requirements of the operational 
workplan agreed to between APHIS and the NPPO, no fruit from that place 
of production will be eligible for export to the United States until 
APHIS and the NPPO conduct an investigation and appropriate remedial 
actions have been implemented.

Packinghouse Requirements

    Fresh sweet oranges, tangerines, grapefruit, clementines, and 
mandarins from Colombia intended for importation into the United States 
must be packed in a packinghouse registered with the NPPO of Colombia. 
Such registration facilitates traceback of a consignment of citrus to 
the packinghouse in which it was packed in the event that quarantine 
pests were discovered in the consignment at the port of first arrival 
into the United States.
    We require the NPPO of Colombia to monitor and audit the harvesting 
system and ensure that during the time the packinghouse is in use for 
exporting fruit to the United States, the packinghouse must clearly 
segregate and identify fruit for export to the United States to prevent 
commingling with fruit for other markets.
    At the packinghouse, we require that the fruit be washed and 
brushed and any damaged or diseased fruit culled. Many of the 
quarantine pests listed in the PRA have stages that are visible upon 
inspection or cause visible damage. Washing and brushing removes 
insects and mites from fruit, and culling removes fruit with visible 
signs of insect and mite damage, which reduces the risk that pests will 
follow the pathway of citrus fruit exported to the United States.

Post-Harvest Processing

    We are requiring that fruit intended for export to the United 
States be packed within 24 hours of harvest in an enclosed packinghouse 
or maintained in cold storage. Fruit must be kept in cold storage or 
cold treatment while in transit until the fruit arrives in the United 
States.
    In addition, the fruit must be inspected by the NPPO of Colombia or 
personnel authorized by the NPPO following post-harvest processing. A 
biometric sample, to be jointly determined by APHIS and the NPPO and 
listed in the operational workplan, will be visually inspected, and a 
portion of the fruit will be cut open to detect internal pests, such as 
fruit flies and Lepidoptera larvae. If a single mite (Brevipalpus 
obovatus, B. phoenicis or Schizotetranychus hindustanicus), any 
immature stage of Neosilba spp., or immature stage of Gymnandrosoma 
aurantianum is found during inspection, the entire lot of fruit will be 
prohibited from importation into the United States.
    Fruit may be imported into the United States only if it is treated 
in accordance with 7 CFR part 305 with an approved quarantine treatment 
for Ceratitis capitata and Anastrepha spp.\2\ listed in the Plant 
Protection and Quarantine Treatment Manual and monitored by an official 
authorized by APHIS. U.S. Customs and Border Protection personnel will 
inspect fruit consignments at the port of entry.
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    \2\ Cold treatment schedule T107-a-1, ``Treatment Schedules,'' 
page 5-2-80. Prescribed treatments are also included in the FAVIR 
database (see footnote 1).
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Monitoring and Oversight

    We require the NPPO of Colombia to provide oversight for all 
program activities, including monitoring phytosanitary control 
programs, by reviewing them at least once a year, and by maintaining 
all forms and documents related to activities in places of production 
and packing houses in the export program. APHIS may monitor places of 
production, packinghouses, and records if necessary.

Phytosanitary Certificate

    We require that fresh sweet oranges, tangerines, grapefruit, 
clementines, and mandarins imported into the United States from 
Colombia be accompanied by a phytosanitary certificate with an 
additional declaration issued by the NPPO of Colombia stating that the 
fruit in the consignment has been produced in accordance with the 
requirements of the operational workplan.
    The amended import requirements are listed in the FAVIR database 
upon publication of this document. After the close of the comment 
period, we will publish a second document responding to any comments we 
receive. Should these comments raise substantive questions or concerns 
about the supplemental requirements for importation of fresh sweet 
oranges, tangerines, grapefruit, clementines, and mandarins into the 
United States from Colombia, we will reevaluate the requirements 
accordingly.
    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 1st day of February 2018.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2018-02382 Filed 2-5-18; 8:45 am]
 BILLING CODE 3410-34-P