[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Proposed Rules]
[Pages 13433-13436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06288]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / 
Proposed Rules  

[[Page 13433]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2016-0034]
RIN 0579-AE33


Importation of Pummelo From Thailand Into the Continental United 
States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations to allow the 
importation of fresh pummelo fruit from Thailand into the continental 
United States. As a condition of entry, fresh pummelo fruit from 
Thailand would be subject to a systems approach that would include 
irradiation treatment, packinghouse processing requirements, and port 
of entry inspection. The fruit would also be required to be imported in 
commercial consignments and be accompanied by a phytosanitary 
certificate issued by the national plant protection organization of 
Thailand. This action would allow for the importation of fresh pummelo 
fruit from Thailand while continuing to provide protection against the 
introduction of plant pests into the continental United States.

DATES: We will consider all comments that we receive on or before May 
29, 2018.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0034.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2016-0034, 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-2016-
0034 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 A. Ferguson, MS, Senior 
Regulatory Policy Coordinator, Imports, Regulations, and Manuals, 
Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road, 
Unit 133, Riverdale, MD 20737-1236; (301) 851-2352.

SUPPLEMENTARY INFORMATION: 

Background

    Under the regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-82, 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 to prevent the introduction and dissemination of plant pests.
    The regulations currently do not authorize the importation of fresh 
pummelo fruit (Citrus maxima (Berm.) Merr.) from Thailand. The national 
plant protection organization (NPPO) of Thailand has requested that 
APHIS amend the regulations to allow the importation of commercially 
produced fresh pummelo fruit from Thailand into the continental United 
States. In evaluating Thailand's request, we prepared a pest risk 
assessment (PRA) and a risk management document (RMD). Copies of the 
PRA and the RMD may be obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT or viewed on the Regulations.gov website 
(see ADDRESSES above for instructions for accessing Regulations.gov).
    The PRA, titled ``Importation of Fruit of Pummelo, Citrus maxima 
(Burm.) Merr., from Thailand into the Continental United States'' 
(December 2017) analyzes the potential pest risk associated with the 
importation of fresh pummelo fruit into the continental United States 
from Thailand.
    The PRA identifies 21 actionable pests that could be introduced 
into the United States in consignments of fresh pummelo fruit from 
Thailand. The pests listed in the PRA are as follows:
     Bactrocera correcta Bezzi, guava fruit fly;
     Bactrocera cucurbitae Coquillett, melon fruit fly;
     Bactrocera dorsalis Hendel, oriental fruit fly;
     Bactrocera papayae Drew & Hancock, Asian papaya fruit fly;
     Bactrocera tau Walker, a complex of fruit flies;
     Ceroplastes rubens Maskell, pink wax scale;
     Citripestis sagittiferella Moore, citrus fruit borer;
     Eotetranychus cendanai Rimando, citrus yellow mite;
     Monacrostichus citricola Bezzi, a fruit fly;
     Nipaecoccus viridis Newstead, spherical mealybug;
     Paradrosophila punctipennis Duda, a fruit fly;
     Phyllosticta citriasiana Wulandari, Crous & Gruyter, the 
causal agent for citrus tan spot;
     Phyllosticta citricarpa, the causal agent for citrus black 
spot;
     Planococcus lilacinus Cockerell, cacao mealybug;
     Prays citri Milli[egrave]re, citrus flower moth;
     Prays endocarpa Meyrick, citrus pock caterpillar;
     Pseudococcus cryptus Hempel, citriculus mealybug;
     Rastrococcus spinosus Robinson, Philippine mango mealybug;
     Rastrococcus tropicasiaticus Williams, a mealybug;
     Schizotetranychus baltazari Rimando, Bamboo spider mite; 
and
     Xanthomonas citri Gabriel et al. (XCC), the causal agent 
for citrus canker.
    Based on the findings of the PRA, APHIS has determined that 
measures beyond standard port of entry inspection are required to 
mitigate the risks posed by these pests. These measures are identified 
in the RMD and are used as the basis for the requirements included in 
this proposed rule. We are therefore proposing to allow the importation 
of fresh pummelo fruit from Thailand into the continental United States 
if it is produced and

[[Page 13434]]

shipped in accordance with the systems approach as described below. The 
requirements of the systems approach would be added to the regulations 
as a new Sec.  319.56-83.

Commercial Consignments

    Only commercial consignments of fresh pummelo fruit from Thailand 
would be accepted for import into the continental 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, are consignments that an inspector 
identifies as having been imported for sale and distribution. Such 
identification is based on a variety of indicators, including, but not 
limited to: Quantity of produce, type of packing, identification of 
grower or packinghouse on the packaging, and documents consigning the 
fruits or vegetables to a wholesaler or retailer.

Treatments

    Under this proposed rule, fresh pummelo fruit from Thailand would 
be required to be treated with a minimum absorbed irradiation dose of 
400 Gy in accordance with Sec.  305.9 of the phytosanitary treatment 
regulations in 7 CFR part 305. This is the established generic dose for 
all insect pests except pupae and adults of the order Lepidoptera.
    While it is true that three of the quarantine pests associated with 
fresh pummelo fruit from Thailand are Lepidopteran, irradiation in 
conjunction with other mitigations against Lepidopteran pests, can 
provide phytosanitary protection for several reasons:
     While the treatment is not lethal to pupae and adults of 
the order Lepidoptera, it is lethal to larvae. Larvae are of greatest 
phytosanitary concern given that they are internal feeders and may 
therefore be overlooked upon inspection.
     Irradiation tends to prevent normal adult emergence from 
the pupal stage.
     Irradiation also causes sterility in pupae and emerged 
adults, preventing further larval reproduction. Moreover, pupae and 
adult Lepidoptera are unlikely to be associated with fresh pummelo 
fruit.
    The shipments of fresh pummelo fruit from Thailand would also have 
to meet all other relevant treatment requirements in part 305.

Packinghouse Procedures

    Those plant pests associated with the importation pathway for fresh 
pummelo fruit from Thailand that are non-Insecta (XCC, P. citriasiana, 
and P. citricarpa), Insecta but not neutralized by irradiation (E. 
cendanai and S. baltazari), and the pupae and adult forms of 
lepidoptera (C. sagittiferella, P. citri, and P. endocarpa), require 
the application of additional mitigations. Prior to packing, the fresh 
pummelo fruit would have to be washed, brushed, and disinfested. The 
fresh pummelo fruit would also be required to be submerged in a 
surfactant, treated for XCC with an APHIS-approved surface 
disinfectant, and treated for P. citriasiana and P. citricarpa with an 
APHIS-approved fungicide. These packinghouse processing requirements 
will ensure that all pests of concern not mitigated by irradiation are 
removed from the importation pathway.

Phytosanitary Certificate

    A phytosanitary certificate issued by the NPPO of Thailand would 
have to accompany each consignment of fresh pummelo fruit. If the fresh 
pummelo fruit was irradiated in Thailand, the fresh pummelo fruit would 
have to be jointly inspected by APHIS and the NPPO of Thailand, and the 
phytosanitary certificate would have to contain additional declarations 
attesting to this joint inspection and to the irradiation of the fresh 
pummelo fruit in Thailand. If the fresh pummelo fruit will be 
irradiated upon arrival in the United States, these additional 
declarations would not be needed.
    The phytosanitary certificate ensures the fresh pummelo fruit was 
inspected by the NPPO of Thailand, and certifies that the fresh pummelo 
fruit meets our requirements for export to the continental United 
States. Additional declarations provide assurances regarding joint 
inspection and proper administration of irradiation treatment.

Port of Entry Inspection

    Shipments of fresh pummelo fruit from Thailand would be subject to 
inspection at the port of entry. This will provide an additional layer 
of phytosanitary protection in order to prevent the dissemination of 
plant pests into the continental United States.

Executive Orders 12866 and 13771 and Regulatory Flexibility Act

    This proposed 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. This proposed rule is 
not expected to be an Executive Order 13771 regulatory action because 
this proposed rule is not significant under Executive Order 12866.
    In accordance with 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this proposed rule on small entities. Copies of 
the full analysis are available by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT or on the Regulations.gov website (see 
ADDRESSES above for instructions for accessing Regulations.gov).
    Pummelo is a relatively minor citrus fruit for which there is 
limited information. There are no official statistics on the volume or 
value of pummelos produced or consumed in the United States. 
Agricultural statistics for California report that the area planted in 
pummelo and hybrid groves in 2016 totaled 1,587 acres. California 
production that year totaled 540,000 boxes, or about 19,595 metric 
tons, and had a farm gate value of $9.04 million. The expected volume 
of imports from Thailand would be the equivalent of about 1 percent of 
California's pummelo production. Unofficially, there are about 100 
pummelo growers in California. The majority of these producers likely 
operate as small entities, given that this is true for producers of 
citrus fruit generally.
    Information on pummelo production in Arizona, Florida, or Texas is 
not available. U.S. import and export data specific to pummelo are also 
not available because pummelo is grouped with grapefruit in Department 
of Commerce trade statistics (Harmonized Tariff Schedule 080540).
    Based on the information we have, there is no reason to conclude 
that adoption of this proposed rule would result in any significant 
economic effect on a substantial number of small entities. However, we 
do not currently have all of the data necessary for a comprehensive 
analysis of the effects of this proposed rule on small entities. 
Therefore, we are inviting comments on potential effects. In 
particular, we are interested in determining the number and kind of 
small entities that may incur benefits or costs from the implementation 
of this proposed rule.

Executive Order 12988

    This proposed rule would allow fresh pummelo fruit to be imported 
into the continental United States from Thailand under a systems 
approach. If this

[[Page 13435]]

proposed rule is adopted, State and local laws and regulations 
regarding fresh pummelo fruit imported under this rule would be 
preempted while the fruit is in foreign commerce. Fresh fruits are 
generally imported for immediate distribution and sale to the consuming 
public and would 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. If this proposed rule is 
adopted, 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.), reporting and recordkeeping 
requirements included in this proposed rule have been submitted for 
approval to the Office of Management and Budget (OMB). Please send 
comments on the Information Collection Request (ICR) to OMB's Office of 
Information and Regulatory Affairs via email to 
[email protected], Attention: Desk Officer for APHIS, 
Washington, DC 20503. Please state that your comments refer to Docket 
No. APHIS-2016-0034. Please send a copy of your comments to the USDA 
using one of the methods described under ADDRESSES at the beginning of 
this document.
    APHIS is proposing to amend the regulations to allow the 
importation of fresh pummelo fruit from Thailand into the continental 
United States. As a condition of entry, fresh pummelo fruit from 
Thailand would be subject to a systems approach that would include 
irradiation treatment, packinghouse processing requirements, and port 
of entry inspection. The fruit would also be required to be imported in 
commercial consignments and accompanied by a phytosanitary certificate 
issued by the NPPO of Thailand. This action would allow for the 
importation of fresh pummelo fruit from Thailand while continuing to 
provide protection against the introduction of plant pests into the 
continental United States.
    Implementing this information collection will require respondents 
to complete phytosanitary certificates and port of entry inspections.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.67 hours per response.
    Respondents: Foreign businesses and the NPPO of Thailand.
    Estimated annual number of respondents: 2.
    Estimated annual number of responses per respondent: 18.
    Estimated annual number of responses: 36.
    Estimated total annual burden on respondents: 24 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    A copy of the information collection may be viewed on the 
Regulations.gov website or in our reading room. (A link to 
Regulations.gov and information on the location and hours of the 
reading room are provided under the heading ADDRESSES at the beginning 
of this proposed rule.) Copies can also be obtained from Ms. Kimberly 
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2483. 
APHIS will respond to any ICR-related comments in the final rule. All 
comments will also become a matter of public record.

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 proposed 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 proposing to amend 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
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.

0
2. Section 319.56-83 is added to read as follows:


Sec.  319.56-83  Pummelo From Thailand.

    Fresh pummelo fruit (Citrus maxima (Burm.) Merr.) (Rutaceae) may be 
imported into the continental United States from Thailand under the 
following conditions:
    (a) Commercial consignments. The fresh pummelo fruit must be 
shipped in commercial consignments only.
    (b) Irradiation treatment. The fresh pummelo fruit must be treated 
with irradiation in accordance with part 305 of this chapter.
    (c) Packinghouse procedures. Prior to packing, the fresh pummelo 
fruit must be washed, brushed, disinfested, submerged in surfactant, 
treated for Xanthomonas citri Gabriel et al. with an APHIS-approved 
surface disinfectant, and treated for Phyllosticta citriasiana and 
Phyllosticta citricarpa with an APHIS-approved fungicide.
    (d) Phytosanitary certificate. Each shipment of fresh pummelo fruit 
must be accompanied by a phytosanitary certificate issued by the 
national plant protection organization (NPPO) of Thailand. If the fresh 
pummelo fruit was irradiated in Thailand, each consignment of fruit 
must be inspected jointly in Thailand by APHIS and the NPPO of 
Thailand, and the phytosanitary certificate must contain an additional 
declaration attesting to irradiation of the fresh pummelo fruit in 
accordance with part 305 of this chapter. If the fresh pummelo fruit 
will be irradiated upon arrival into the continental United States, 
joint inspection in Thailand and an additional declaration on the 
phytosanitary certificate are not required.
    (e) Port of entry inspection. Consignments of fresh pummelo fruit 
from Thailand are subject to inspection

[[Page 13436]]

at ports of entry in the continental United States.

    Done in Washington, DC, this 23rd day of March 2018.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2018-06288 Filed 3-28-18; 8:45 am]
 BILLING CODE 3410-34-P