[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

[[Page 17307]]

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\
---------------------------------------------------------------------------

    \2\ CABI. 2019. Amphitetranychus viennensis (hawthorn (spider) 
mite). Invasive Species Compendium. https://www.cabi.org/isc/datasheet/53368.
---------------------------------------------------------------------------

    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

[[Page 17308]]

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