[Federal Register Volume 84, Number 58 (Tuesday, March 26, 2019)]
[Notices]
[Pages 11279-11281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05679]


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 Notices
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  Federal Register / Vol. 84, No. 58 / Tuesday, March 26, 2019 / 
Notices  

[[Page 11279]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[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: Notice of affirmation of supplemental requirements.

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SUMMARY: We are affirming the supplemental requirements we added for 
the importation of fresh sweet orange, grapefruit, mandarin, 
clementine, and tangerine fruit from Colombia into the United States. 
In a previous notice, we made available to the public for review and 
comment supplemental requirements for mitigating pest risks posed by 
the importation of those commodities from Colombia into the United 
States. We also made available a pest risk assessment and commodity 
import evaluation document. After reviewing the comments we received on 
those documents, we are affirming the supplemental requirements we 
added to the Fruits and Vegetables Import Requirements database.

DATES: These requirements were authorized for use on fresh sweet 
orange, grapefruit, mandarin, clementine, and tangerine fruit from 
Colombia beginning February 6, 2018.

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 L--Fruits 
and Vegetables'' (7 CFR 319.56-1 through 319.56-12, 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, grapefruit, mandarin, clementine, and tangerine fruit from 
Colombia into the United States.
    On February 6, 2018, we published in the Federal Register (83 FR 
5179-5181, Docket No. APHIS-2017-0074) a notice \1\ announcing our 
decision to supplement our requirements \2\ governing the importation 
of fresh sweet orange, grapefruit, mandarin, clementine, and tangerine 
fruit from Colombia into the United States and requested public comment 
on these changes. We also made available a pest risk assessment (PRA) 
and a commodity import evaluation document (CIED). The PRA evaluates 
the risks associated with the importation of fresh sweet orange, 
grapefruit, mandarin, clementine, and tangerine fruit from Colombia 
into the United States and the CIED lists the phytosanitary measures 
necessary to ensure its safe importation into the United States.
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    \1\ To view the notice, the PRA, the CIED, and the comments we 
received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-
2017-0074.
    \2\ The supplemental requirements were added to the Fruits and 
Vegetables Import Requirements (FAVIR) database, located at https://epermits.aphis.usda.gov/manual/index.cfm?action=pubHome.
---------------------------------------------------------------------------

    We solicited comments concerning the additional measures for 60 
days ending April 9, 2018. We received six comments during the comment 
period. The commenters consisted of State governments, industry 
representatives, and the general public. We respond to the comments 
below.

General Comments

    A few commenters stated concerns about the phytosanitary risk of 
importing fresh sweet orange, grapefruit, mandarin, clementine, and 
tangerine fruit from Colombia into the United States but did not 
address specific provisions of the notice. One such commenter stated 
that the risk mitigation measures listed in the notice are not 
stringent enough to mitigate the import risk of the 11 quarantine pests 
identified in the PRA.
    APHIS believes that the import risk from the pests identified in 
the PRA will be adequately mitigated by the measures listed in the 
CIED. In addition, APHIS has used these and similar measures to 
mitigate risks successfully for pests from other countries in South 
America, including Argentina, Chile, Peru, and Uruguay.
    Two other commenters, representing State governments, commented 
that their respective States have a range of climates and environments 
that magnify the risk of infestation from quarantine pests and 
recommended that APHIS not allow the resumption of imports of fresh 
citrus from Colombia.
    APHIS acknowledges that several States have climates that are 
hospitable to plant pest infestations and infections. However, the 
mitigations of the CIED adequately address these risks.
    Another commenter stated that we can grow citrus in the United 
States and should therefore encourage job production domestically.
    Under the Plant Protection Act (7 U.S.C. 7701 et seq.), we have the 
authority to prohibit or restrict the importation of plants and plant 
products only when necessary to prevent the introduction into or 
dissemination of plant pests or noxious weeds within the United States. 
With respect to the commenter's point about encouraging domestic citrus 
production, we note that APHIS actively supports the domestic citrus 
industry through the Citrus Health Response Program and other 
initiatives.

Brevipalpus Chilensis and Other Mites

    A few commenters expressed concerns about the risk to domestic 
citrus production posed by Brevipalpus chilensis and other mites 
entering the United States via the pathway of fresh sweet orange, 
grapefruit, mandarin, clementine, and tangerine fruit from Colombia.
    B. chilensis is not present in Colombia. B. obovatus Donnadieu and 
B. phoenicis (Geijskes) are the two Brevipalpus species listed in the 
PRA because they are vectors of Citrus leprosis virus (CiLV). Both mite 
species are already present in the United States. APHIS is requiring 
specific measures in

[[Page 11280]]

the CIED to mitigate the risk of Brevipalpus mites following the 
pathway of citrus. At the packinghouse, fruit must be washed and 
brushed and any damaged or diseased fruit culled. Fruit must be 
inspected for mites in Colombia by the Colombian national plant 
protection organization (NPPO). Fruit will also be inspected for mites 
by U.S. Customs and Border Protection (CBP) at the port of entry.
    Moreover, Brevipalpus mites have limited capacity for movement. In 
order to transmit CiLV, the mites would have to feed on a susceptible 
part of the plant and acquire CiLV, move onto the fruit, survive 
washing and brushing, be transported to an area with suitable citrus 
hosts, and move from the fruit to the new host. It is highly unlikely 
that this combination of events would occur.
    One commenter said that data was lacking to show that cold 
treatment kills all potential mites in transit. The commenter stated 
that B. chilensis has been shown to survive cold treatments on grapes 
from Chile.
    The required cold treatment is intended to mitigate risk for fruit 
flies in the genera Anastrepha and Ceratitis. APHIS has not indicated 
that the treatment is a requirement for, or effective against, 
Brevipalpus mites. The packinghouse procedures referenced in the 
previous response will address mite risk.
    The commenter also stated that the sieves used at U.S. ports to 
detect mites are not the correct size to detect immature stages of 
mites.
    The commenter appears to be conflating the mitigation requirements 
for mites on citrus from Colombia with the systems approach mitigation 
for B. chilensis mites on fruit imported from Chile and Argentina. 
Sieving for mites is not part of the mitigation requirements proposed 
for Brevipalpus mites on Colombia citrus, nor is it used routinely at 
U.S. ports of entry.
    A commenter requested proof showing that immature Brevipalpus mites 
associated with citrus will be detected through Colombian phytosanitary 
export protocols, and another stated that numerous mite species exist 
in Colombia, such as B. californicus, B. lewisi, and B. hondurani, with 
some never being evaluated as a possible vector for CiLV. The 
commenters asked that APHIS provide more analysis to show that mites 
will be adequately mitigated.
    APHIS believes that the risk from mites and other pests identified 
in the PRA will be adequately mitigated by the measures listed in the 
CIED. In addition, APHIS has used these measures and other equivalent 
measures to mitigate risks for pests from other countries in South 
America including Argentina, Chile, Peru, and Uruguay. APHIS has not 
detected mites on commercial consignments of citrus from these 
countries since these measures were implemented.
    Another commenter noted that the PRA includes field management 
practices to reduce the prevalence of B. obovatus and B. phoenicis 
during citrus crop production but does not consider or address 
mitigation measures, processes, or procedures during pre-harvest, 
postharvest, storage, or shipping.
    The PRA states that it did not consider whether any production 
practices would be used to mitigate the risk of Brevipalpus mites. 
APHIS is requiring specific measures in the CIED to mitigate the risk 
of Brevipalpus mites following the pathway of citrus. At the 
packinghouse, fruit must be washed and brushed and any damaged or 
diseased fruit culled. Fruit must be inspected for mites in Colombia by 
the NPPO. CBP will inspect the citrus fruit for mites at the U.S. port 
of entry.
    A commenter stated that the risk rating in the assessment of 
Brevipalpus should be changed from Low to Medium, noting that the mites 
are polyphagous, have multiple hosts, are subject to passive 
dissemination, and can be dispersed over large distances with the wind. 
The commenter stated that without adequate consideration, fresh fruit 
can vector the mites into the United States where they can become 
endemic in backyard citrus trees.
    We note that the PRA currently lists the mites, as vectors for 
CiLV, as Medium for the risk of the mites following the pathway of 
commercial citrus from Colombia.
    A commenter noted that the detection of a mite results in the 
dismissal of the entire lot for export consideration and asked why the 
field is not suspended from production until the scope of the pest 
population can be determined.
    Should APHIS dismiss a lot for export consideration, we would not 
allow continued imports of citrus from the production site where the 
lot originated in Colombia to the United States until we are satisfied 
that such consignments will not subject the United States to an 
unacceptable level of pest risk.

Internal Feeders, Citrus Fruit Borer

    Several commenters expressed concern about internal feeders 
following the pathway of fruit shipped from Colombia into the United 
States. Two such commenters stated that while scientific literature 
supports cold treatments designed for tephritid fruit flies, such 
treatments are ineffective for many species of Lepidoptera. The 
commenters asked that we provide evidence that this treatment 
effectively kills the citrus fruit borer.
    The required cold treatment is intended to mitigate risk for fruit 
flies in the genera Anastrepha and Ceratitis. APHIS has not represented 
that the treatment is a requirement for, or effective against, 
Lepidoptera. APHIS has considered that for most Lepidoptera pests of 
fruit, inspection is a sufficient mitigation since these pests 
typically leave damage, frass (caterpillar excrement), and a 
conspicuous hole. These pests are typically removed by factors inherent 
in commercial production, including the requirement to produce high 
quality fruit for sale, culling, and inspection. APHIS has never 
intercepted these Lepidoptera pests in commercially produced citrus.
    Two commenters stated that APHIS provided no data supporting fruit 
cutting as an effective method for detecting fruit flies and other 
internal feeders.
    APHIS has not proposed that fruit cutting will be used as a 
standalone mitigation method for fruit flies. The inspection with a 
small portion of fruit cut is included to identify when high pest 
populations may be present that could potentially compromise a 
quarantine treatment. This type of inspection and the numbers used are 
common to many importation programs.
    One commenter asked whether fruit cutting would be sustainable and 
effective if personnel designated by the NPPO of Colombia conduct the 
cutting. The commenter stated that commercial consignments from Morocco 
have failed under a similar systems approach.
    Inspectors designated by the NPPO of Colombia have been trained in 
proper fruit cutting to sample for pests, and all citrus imported into 
the United States will be subject to additional cutting by CBP in 
accordance with 7 CFR part 305. With respect to the commenter's 
reference to pest issues in Morocco, APHIS did not identify fruit 
cutting in that country's export program as a contributing factor.

Site Visits

    Two commenters representing State governments suggested to APHIS 
that a joint USDA/Florida/California site visit to Colombia be 
initiated to ensure that risk mitigation approaches are being executed 
effectively. The commenters opposed the entry of citrus from Colombia 
into their respective States until such a site visit is made.
    APHIS is committed to a transparent process and an inclusive role 
for

[[Page 11281]]

stakeholders in our risk analysis process and we respect the 
phytosanitary expertise of the State plant health personnel of Florida 
and California. However, we have not identified the need for additional 
site visits at this time to evaluate the implementation of the systems 
approach. Should such site visits occur, we will take the States' 
requests into consideration.

Regional Pests

    A commenter stated that citrus dieback, citrus tristeza, alternaria 
brown spot, citrus canker, citrus black spot, and sweet orange scab 
exist in countries in proximity to Colombia production areas, and that 
Huanglongbing and Asian citrus psyllid exist within Colombia itself. 
The commenter asked APHIS to list insect vectors (other than 
Brevipalpus mite species) that transmit CiLV, as well as the 
distribution of such pests. The commenter also asked what disease and 
pathogen insect vector mitigation measures will be used to protect 
fresh citrus fruit as a pathway from introducing citrus pathogens and 
their insect vectors into the United States.
    Citrus canker, citrus black spot, and sweet orange scab are not 
known to occur in Colombia. Although CiLV and Huanglongbing are known 
to exist in Colombia, citrus fruit is not a pathway of either of those 
pests in the absence of their insect vectors. The CIED specifies 
multiple packinghouse procedures for Brevipalpus; these procedures will 
also mitigate Asian citrus psyllid, vector of Huanglongbing.

Risk Documentation

    A commenter stated that the documentation provided is incomplete 
for the resumption of citrus exports from Colombia. The commenter said 
that PRA appeared to be conducted in 2015 or early 2016, leaving 
stakeholders uninformed about the intervening 24 months. The commenter 
added that the proposal moves from a PRA to an operational workplan 
without a pest risk mitigation document (RMD) in the interim. The 
commenter stated that with no RMD and operational workplan to protect 
the industry and environment, there are missing pieces to this effort.
    APHIS did not identify any new quarantine pests that could follow 
the pathway of citrus from Colombia since the PRA was completed; 
therefore, it is still accurate. The CIED was made available with the 
February 2018 Federal Register notice (see footnote 1) and provides the 
risk mitigation structure for the importation of citrus from Colombia. 
Operational workplans are documents that provide additional detail 
regarding day-to-day operations within an export program and can be 
updated as operational practices within the exporting country change.

Neosilba spp.

    A commenter stated that the PRA risk rating should be High for the 
likelihood of establishment of Neosilba spp. as it poses a significant 
pest risk. The commenter referred APHIS to the Brazilian citrus PRA, 
which states: ``the introduction of Neosilba into the continental 
United States is likely to result in significant increases in costs of 
production beyond normal fluctuations.'' Another commenter questioned 
the effectiveness of fruit cutting as a dependable detection method for 
Neosilba spp. The commenter asked for details about how much fruit is 
being cut for detection of pests.
    APHIS has never intercepted Neosilba spp. in commercial citrus. 
Given the PRA's medium risk rating and the lack of interceptions, APHIS 
believes that commercial production and inspection are adequate 
mitigation measures for this pest. APHIS believes that this pest is 
primarily an invader of overripe, damaged, fallen fruit, and fruit 
previously infested by tephritid fruit flies. In Brazil some studies 
have found Neosilba spp. to be a primary infesting agent, although some 
of those studies used dooryard citrus, not commercial fruit. Brazil is 
the only country where any publications showing damage from Neosilba 
spp. in citrus have been published.

Funding

    A commenter asked how APHIS attains funding as part of this action, 
and whether a trust fund has been established or a Colombian or 
industry reimbursement is anticipated.
    APHIS typically reserves trust funds for preclearance programs. 
Importation of citrus from Colombia does not include a preclearance 
program.
    Therefore, for the reasons noted above, we are affirming our 
addition of supplemental requirements for the importation of sweet 
oranges, tangerines, grapefruit, clementines, and mandarins from 
Colombia into the United States. The requirements are listed in the 
FAVIR database, which is available by following the link in footnote 2.

    Authority: 7 U.S.C. 1633, 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 20th day of March 2019.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2019-05679 Filed 3-25-19; 8:45 am]
BILLING CODE 3410-34-P