[Federal Register Volume 85, Number 60 (Friday, March 27, 2020)]
[Notices]
[Pages 17306-17308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06374]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2017-0103]
Import Requirements for the Importation of Fresh Fragrant Pears
From China Into the 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 revise the
import requirements for the importation of fresh fragrant pears from
China into the United States and to authorize importation from an
additional area of production. 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 fragrant pears fruit from
this additional production area.
DATES: The articles covered by this notice may be authorized for
importation under the revised conditions after March 27, 2020.
FOR FURTHER INFORMATION CONTACT: Mr. Marc Phillips, Senior Regulatory
Policy Specialist, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD
20737-1231; (301) 851-2114.
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. Paragraph (c) of that section
provides that the name and origin of all fruits and vegetables
authorized importation into the United States, as well as the
requirements for their importation, are listed on the internet in
APHIS' Fruits and Vegetables Import Requirements database, or FAVIR
(https://epermits.aphis.usda.gov/manual). It also provides that, if the
Administrator of APHIS determines that any of the phytosanitary
measures required for the importation of a particular fruit or
vegetable are no longer necessary to reasonably mitigate the plant pest
risk posed by the fruit or vegetable, APHIS will publish a notice in
the Federal Register making its pest risk analysis and determination
available for public comment.
In accordance with that process, we published a notice \1\ in the
Federal Register on April 17, 2019 (84 FR 15994-15995, Docket No.
APHIS-2017-0103) announcing the availability, for review and comment,
of a pest list and risk management document (RMD) prepared relative to
revising the conditions for the importation of fresh fragrant pears
(Pyrus x sinkiangensis Yu) from China into the United States. The
notice proposed both to revise the conditions for the importation of
fragrant pears from an existing authorized area of production in China,
the Korla region of Xinjiang Province, and to authorize importation of
fragrant pears from another area of production, the Akesu region of
Xinjiang Province.
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\1\ To view the notice, pest list, RMD, economic effects
assessment, and the comments that we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0103.
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We solicited comments on the pest list and RMD for 60 days ending
on June 17, 2019. We received two comments by that date. They were both
from an organization representing domestic pear producers within the
United States. The comments that we received are discussed below by
topic.
Comments on the Pest List
The pest list identified two pests of quarantine significance that
could follow the pathway on fragrant pears from the Korla or Akesu
regions of China, Eulecanium circumfluum, a soft scale, and Euzophera
pyriella, the pyralid moth.
A commenter pointed out that Schizaphis piricola, an aphid,
Eulecanium giganteum and Rhodococcus turanicus, both soft scales, and
Janus piri and Janus piriodorus, both sawflies, were listed on the pest
list as quarantine pests, but were not considered likely to follow the
pathway on fragrant pears from China imported into the United States on
the grounds that they attack stems, rather than fruit. The commenter
stated that pears are often shipped with stems attached, and the pests
should therefore have been considered to follow the pathway. The
commenter also stated that the pests should have been mitigated for in
the RMD by requiring that the national plant protection organization
examine places of production, packinghouses, and packed fruit for them.
By ``stems,'' the pest list meant in a broad sense the above-
ground, woody parts of the pear tree other than the trunk. There is
evidence that S. piricola, E. giganteum, R. turanicus, J. piri, and J.
piriodorus are all quarantine pests of branches, twigs, and cuttings of
fragrant pears, but no evidence that they are associated with
commercially produced fruit, with or without a portion of the stem
attached.
The commenter stated that Bactrocera dorsalis, the Oriental fruit
fly (OFF), is a quarantine pest that is known to exist
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in the Akesu and Korla regions and attacks pears. The commenter noted
that OFF was not even included in the pest list and stated that it not
only should have been included, but should have been considered a
quarantine pest likely to follow the pathway on fragrant pears from
China imported into the United States. The commenter also stated that
OFF should have been mitigated for in the RMD by requiring bagging of
fruit from places of production in which OFF is known to occur and
fruit cutting during packinghouse procedures.
We acknowledge that OFF does exist in China and can attack several
species of pears. However, we found no evidence that fragrant pears are
a host of OFF.
The commenter pointed out that Stemphylium pyrinum was listed on
the pest list as a quarantine pest but was not considered likely to
follow the pathway on fragrant pears from China imported into the
United States on the grounds that it attacks leaves, rather than fruit.
The commenter stated that it can cause disease in fruit, however, and
therefore should have been considered likely to follow the pathway on
fragrant pears from China imported into the United States, and
mitigated for in the RMD.
We found no evidence that S. pyrinum is associated with fragrant
pear fruit; evidence indicated it solely attacks fragrant pear leaves.
Since the commenter did not provide a citation in support of the
assertion that S. pyrinum attacks fragrant pear fruit, we are not able
to evaluate the commenter's claim.
The commenter stated that Stemphylium lycopersici and Stemphylium
mali should have been added to the pest list as quarantine pests and
should have been considered likely to follow the pathway on fragrant
peas from China imported into the United States, and mitigated for in
the RMD.
S. lycopersici is a synonym for S. pyrinum. As noted above, we
found no evidence that S. pyrinum is associated with fragrant pear
fruit. We also found no evidence that fragrant pears are a host of S.
mali.
The commenter pointed out that Amphitetranychus viennensis and
Eotetranychus pruni, both spider mites, were listed on the pest list as
quarantine pests but were not considered likely to follow the pathway
of fragrant pears from China imported into the United States on the
grounds that they attack leaves, rather than fruit. The commenter
stated that, while the mites feed on foliage, they can collect on
fruit, particularly in calices, during the harvest season, and may
therefore follow the pathway on harvested fruit. The commenter provided
a photograph documenting this behavior on an apple from Washington
State, as well as a citation to an article suggesting that the mites
follow the pathway on fruit.\2\
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\2\ CABI. 2019. Amphitetranychus viennensis (hawthorn (spider)
mite). Invasive Species Compendium. https://www.cabi.org/isc/datasheet/53368.
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We are aware of the behavior the commenter referred to and it is
documented to occur on certain harvested fruit, including apples.
However, we have no evidence that the behavior is ubiquitous on all
hosts, nor does the cited article suggest this is the case. We found no
evidence that spider mites collect on fragrant pear fruit prior to
harvest, and no primary evidence that the mites feed on fragrant pears.
The commenter pointed out that while the pest list listed Euzophera
pyriella as a quarantine pest that could follow the pathway of fragrant
pears from China, it also listed E. pyriella as being present in the
continental United States and not under official control. The commenter
stated that they could find no evidence that E. pyriella exists in the
United States and asked if the pest list was in error regarding its
distribution.
The pest list was in error on this matter and should have stated
that E. pyriella is not known to occur in the United States.
The commenter stated that Cacopsylla chinensis, a psyllid, should
have been listed in the pest list as a quarantine pest that could
follow the pathway of fragrant pears from China imported into the
United States.
Based on our review of the relevant literature and other sources
used to compile the pest list, we found no evidence that C. chinensis
attacks fragrant pear fruit.
Therefore, in accordance with Sec. 319.56-4(c)(4)(ii) of the
regulations, we are announcing our decision to revise the requirements
for the importation of fragrant pears from China into the United
States. The revised conditions are as follows:
The fragrant pears must be grown in the Akesu or Korla
region at a production site that is registered with the NPPO of China.
Registered production sites must have in place a
production site control program approved by APHIS and the NPPO of
China.
The NPPO of China is responsible for ensuring that
registered production sites are subject to field sanitation and that
growers are aware of quarantine pests and control measures to be taken
for their control. Such measures must be described in detail in an
operational workplan approved by the NPPO of China and APHIS.
Only intact fruits may be harvested for export and the
harvested fruit must be safeguarded against quarantine pests from the
production site until the consignment is shipped.
Fragrant pears must be packed in a packinghouse registered
with the NPPO of China.
The packinghouses must have a tracking system in place
that will allow for traceback of the fruit to individual production
sites.
Registered packinghouses are prohibited from packing
fragrant pears destined for other countries while packing fruit
destined for the United States.
Packinghouse procedures must be in accordance with the
operational workplan.
Each shipping box must be marked with the identity of the
packinghouse and grower.
Each consignment of fragrant pears must be accompanied by
a phytosanitary certificate issued by the NPPO of China attesting to
place of origin and stating that all APHIS phytosanitary requirements
have been met and that the consignment was inspected and found free of
quarantine pests.
Fragrant pears may be imported as commercial consignments
only.
Fragrant pears are subject to inspection at the port of
entry into the United States.
Fragrant pears must be imported under permit.
These revised 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 fragrant pear 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 (OMB)
control number 0579-0049.
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
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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 23rd day of March 2020.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2020-06374 Filed 3-26-20; 8:45 am]
BILLING CODE 3410-34-P