[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Notices]
[Pages 14453-14454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05015]



[[Page 14453]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2018-0004]


Decision To Authorize the Importation of Fresh Jujube From China 
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 of fresh jujube fruit from China into the continental 
United States. Based on the findings of the pest risk analysis, which 
we made available to the public to review and comment through a 
previous notice, we have concluded 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 jujube fruit from China.

DATES: The articles covered by this notification may be authorized for 
importation after March 12, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Tony Rom[aacute]n, Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 
851-2242.

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) 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 notice-based process 
based on established performance standards for authorizing the 
importation of fruits and vegetables. The performance standards, known 
as designated phytosanitary measures, are listed in paragraph (b) of 
that section. Under the process, APHIS proposes to authorize the 
importation of a fruit or vegetable into the United States if, based on 
the findings of a pest risk analysis, we determine that the measures 
can mitigate the plant pest risk associated with the importation of 
that fruit or vegetable. APHIS then publishes a notice in the Federal 
Register announcing the availability of the pest risk analysis that 
evaluates the risks associated with the importation of that fruit or 
vegetable.
    In accordance with that process, we published a notice \1\ in the 
Federal Register on March 25, 2019 (84 FR 11046-11047, Docket No. 
APHIS-2018-0004), in which we announced the availability, for review 
and comment, of a pest risk assessment (PRA) that evaluated the risks 
associated with the importation into the continental United States of 
fresh jujube fruit from China and a risk management document (RMD) 
prepared to identify phytosanitary measures that could be applied to 
the commodity to mitigate the pest risk.
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    \1\ To view the notice, PRA, RMD, supporting document, and the 
comments that we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2018-0004.
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    We solicited comments on the PRA and RMD for 60 days ending on May 
24, 2019. We received 14 comments by that date. They were from private 
citizens, a State department of agriculture, domestic jujube producers, 
two cooperative extension services, and a public advocacy group.
    Two of the commenters expressed general support for the importation 
of jujube from China into the United States, while another expressed 
general opposition to the importation of fruits and vegetables into the 
United States. The other commenters provided comments regarding the 
notice and its supporting documentation. Below, we discuss these 
comments, by topic.

General Comments

    One commenter indicated that he was conducting research on 
refrigeration of jujubes. The commenter did not provide any indication 
that this research was related to evaluation of refrigeration as a 
phytosanitary treatment, or whether it should be considered as an 
alternative to the mitigations of the RMD.
    One commenter stated that authorizing the importation of jujubes 
from China into the continental United States could result in increased 
carbon emissions due to the means of transportation used to ship the 
jujubes to the United States.
    This falls outside of APHIS' statutory authority.
    One commenter stated that jujubes could have trace levels of 
chemicals or minerals that make them a human health risk to consume.
    This is also outside the scope of APHIS' statutory authority. 
However, we do note that the Food and Drug Administration of the 
Department of Health and Human Services regulates the residues that may 
be present on imported fruits and vegetables intended for human 
consumption.
    One commenter requested to participate in any site visits APHIS has 
planned relative to the importation of jujubes from China.
    We respect the commenter's expertise in phytosanitary issues 
pertaining to jujube and are committed to a transparent process to 
evaluate the risk associated with the importation of jujubes from 
China. However, no such site visits are currently planned.

Comments Regarding the Pest Risk Assessment

    The PRA that accompanied the proposed rule identified six plant 
pests of quarantine significance that potentially could follow the 
pathway on jujubes from China into the continental United States: Four 
fruit flies (Bactrocera correcta, Bactrocera cucurbitae, Bactrocera 
dorsalis, and Carpomyia vesuviana), a mealybug (Maconellicoccus 
hirsutus), and a moth (Carposina sasakii).
    Several commenters stated that, based on the conclusions of the 
PRA, the plant pest risk associated with the importation of jujube from 
China into the continental United States was too great and APHIS should 
deny China's request to authorize such importation.
    As indicated in the RMD that accompanied the March 25, 2019 notice, 
as well as in the notice itself, we have determined that measures exist 
that can mitigate the plant pest risk associated with the importation 
of jujube from China into the continental United States.
    One commenter voiced a similar concern, and suggested that jujubes 
from China be prohibited importation into the State of Florida.
    For the reasons specified in the RMD and the March 25, 2019 notice, 
we have determined that the mitigations of the RMD adequately address 
the plant pest risk associated with the importation of jujubes from 
China into the State of Florida. The commenter did not provide 
information that calls into question the adequacy of these mitigations. 
Therefore, we do not consider it necessary to prohibit the importation 
of jujubes from China into the State of Florida.
    One commenter stated that jujubes are usually imported seeded, and 
jujube seed can harbor pathogens and viruses of quarantine significance 
that are harmful to U.S. dogwood. The commenter questioned why the PRA 
did not include any such pathogens or viroids.

[[Page 14454]]

    During the preparation of the PRA, we found no evidence of 
pathogens or viroids of quarantine significance that could follow the 
pathway on jujubes from China imported into the continental United 
States.

Comments Regarding Risk Mitigations

    One commenter stated that all propagative material used to produce 
jujubes intended for export to the United States should be tested for 
quarantine pathogens and viroids.
    As noted above, we found no evidence of quarantine pathogens or 
viroids that could follow the pathway on jujubes from China imported 
into the continental United States.
    One commenter stated that all production sites that produce jujubes 
intended for export to the continental United States should be from 
accredited places of production.
    We agree and note that we proposed that production sites would need 
to be registered with the national plant protection organization (NPPO) 
of China.
    We proposed that registered places of production would have to be 
north of the 33rd parallel (APHIS considers China to be free of 
Bactrocera spp. fruit fly above this parallel) or, alternatively, the 
jujubes would have to be treated for Bactrocera correcta, B. 
cucurbitae, and B. dorsalis in accordance with 7 CFR part 305, which 
contains APHIS' regulations governing phytosanitary treatments.
    One commenter inquired how APHIS would prevent diversion of jujubes 
from southern China to northern China in order to avoid this 
phytosanitary treatment.
    As noted above, we proposed that all production sites would have to 
be registered with the NPPO of China. One of the primary purposes of 
requiring registration of production sites is to facilitate traceback 
of material that is determined to be infested with plant pests to its 
registered place of production.
    However, for this to occur, all lots of jujubes from a registered 
production site would have to maintain the identity of the registered 
production site in which the jujubes were produced from the time of 
harvest until arrival at the port of entry into the United States, and 
neither the RMD nor the March 25, 2019 notice specified that such lot 
identification would be required.
    In this final notice, we are clarifying that such identification 
will be required; the specific means of identification that may be used 
will be specified in an operational workplan entered into by APHIS and 
the NPPO of China.

Comments on Economic Effects

    As a supporting document for the March 25, 2019 notice, we prepared 
an economic effects assessment (EEA) of the possible economic impact 
associated with authorizing the importation of jujubes from China into 
the continental United States. In that notice, we stated that ``there 
are no commercially operating growers of red jujube dates in the United 
States.''
    A number of commenters, including several domestic jujube 
producers, indicated that this statement was in error and provided 
information regarding the domestic jujube industry within the United 
States.
    We have revised the EEA in response to these comments.
    Several commenters also expressed concerns about the potential 
effects of authorizing the importation of jujubes from China into the 
continental United States on domestic jujube prices.
    We respond to this concern in the revised EEA.
    Therefore, in accordance with Sec.  319.56-4(c)(3)(iii), we are 
announcing our decision to authorize the importation of fresh jujube 
from China into the continental United States subject to the following 
phytosanitary measures:
     Importation in commercial consignments only.
     Registration of places of production and packinghouses 
with the NPPO of China.
     Limiting registered places of production to locations 
north of the 33rd parallel (APHIS considers China to be free of 
Bactrocera spp. fruit flies above this parallel), or alternatively, 
requiring phytosanitary treatment for Bactrocera correcta, B. 
cucurbitae, and B. dorsalis in accordance with 7 CFR part 305, which 
contains APHIS' phytosanitary treatment regulations.
     Maintenance of the identity of the registered production 
site in which the jujubes were produced on each lot of jujubes intended 
for export to the United States from the time of harvest of that lot 
until arrival of the lot at the port of entry into the United States.
     The NPPO maintaining a national fruit fly monitoring 
program.
     Grove sanitation and trapping for fruit flies in places of 
production that are located in a province in which Carpomyia vesuviana 
(Ber fruit fly) is known to be present.
     Recordkeeping of fruit fly detections in registered places 
of production.
     Pre-export inspection by the NPPO of China and issuance of 
a phytosanitary certificate.
     Port of entry inspections.
     Importation under a permit issued by APHIS.
    These conditions will be listed in the Fruits and Vegetables Import 
Requirements database (available at https://epermits.aphis.usda.gov/manual). In addition to these specific measures, fresh jujubes fruit 
from China will be subject to the general requirements listed in Sec.  
319.56-3 that are applicable to the importation of all fruits and 
vegetables.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the reporting and recordkeeping requirements included in 
this notice are covered under the Office of Management and Budget 
control number 0579-0049. The estimated annual burden on respondents is 
1037.65 hours, which will be added to 0579-0049 in the next quarterly 
update.

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 notice, please contact Mr. Joseph Moxey, 
APHIS' Information Collection Coordinator, at (301) 851-2483.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this action 
as not a major rule, as defined by 5 U.S.C. 804(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 6th day of March 2020.
 Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2020-05015 Filed 3-11-20; 8:45 am]
 BILLING CODE 3410-34-P