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[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Notices]
[Pages 49251-49253]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19551]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2011-0031]

Notice of Decision To Authorize the Importation of Fresh Pitayas 
and Pomegranates From Mexico 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 into the continental United States of fresh pitayas and 
pomegranates from Mexico. Based on the findings of pest risk analyses, 
which we made available to the public for review and comment through a 
previous notice, we believe 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 pitayas and pomegranates from Mexico.

DATES: As of August 13, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Marc Phillips, Senior Regulatory 
Policy Specialist, Regulations, Permits, and Import Manuals, PPQ, 
APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-
2114.

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-58, referred to below as the regulations), the 
Animal and Plant Health Inspection Service (APHIS) of the U.S. 
Department of Agriculture 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 performance-based 
process for approving the importation of commodities that, based on the 
findings of a pest risk analysis (PRA), can be safely imported subject 
to one or more of the designated phytosanitary measures listed in 
paragraph (b) of that section. Under that process, APHIS publishes a 
notice in the Federal Register announcing the availability of the PRA 
that evaluates the risks associated with the importation of a 
particular fruit or vegetable. Following the close of the 60-day 
comment period, APHIS may authorize the importation of the fruit or 
vegetable subject to the identified designated measures if: (1) No 
comments were received on the PRA; (2) the comments on the PRA revealed 
that no changes to the PRA were necessary; or (3) changes to the PRA 
were made in response to public comments, but the changes did not 
affect the overall conclusions of the analysis and the Administrator's 
determination of risk.
    In accordance with that process, we published a notice\1\ in the 
Federal Register on August 2, 2011 (76 FR 46268-46269, Docket No. 
APHIS-2011-0031), in which we announced the availability, for review 
and comment, of PRAs that evaluate the risks associated with the 
importation into the continental United States of fresh pitayas and 
pomegranates from Mexico.
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    \1\ To view the notice, the PRA, and the comments we received, 
go to http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0031.
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    We solicited comments on the notice for 60 days ending on October 
3, 2011. We received three comments by that date. They were from a 
State agricultural agency, a foreign trade association, and a foreign 
governmental organization. The comments are discussed below by topic.
    One commenter who opposed the action stated that pitayas and 
pomegranates from Mexico are hosts for several species of economically 
important fruit flies, specifically Anastrepha species and 
Mediterranean fruit fly, as well as other surface-feeding arthropods 
that could be an economic threat to agriculture in the commenter's 
State. In particular, the commenter stated that irradiation at the 
proposed absorbed dose of 150 Gy does not fully remove the possible 
risk of introduction of exotic fruit flies.
    Prior to approving the proposed 150 Gy dose, APHIS reviewed 
scientific evidence on the effectiveness of this dose. The importation 
of other commodities treated with this dose without the introduction or 
dissemination of plant pests demonstrates the effectiveness of the 
proposed 150 Gy dose as a mitigation.
    The commenter also stated that the required proposed irradiation 
does not mitigate the risk of the surface-feeding species of 
arthropods. The commenter asked that shipments not be permitted entry 
into his State until the shipping protocol has had sufficient time to 
demonstrate the effectiveness of the cited mitigation measures.
    As noted in the risk management documents (RMDs) for both pitayas 
and pomegranates, the proposed mitigation for surface feeders on these 
commodities is not irradiation, but

[[Page 49252]]

inspection of the commodity by the national plant protection 
organization (NPPO) of Mexico, with certification that the commodity is 
free from quarantine pests of concern. Pomegranates and pitayas have 
been authorized for importation from fruit fly-free areas of Mexico 
since 1985, and inspectors at U.S. ports of entry have not intercepted 
these surface-feeding pests on pomegranates or pitayas during their 
inspections of the fruit. We expect that standard quality control of 
commercial shipments including culling will remove most of these pests 
from the commodity.
    Some comments were specific to pitayas. Two commenters stated that 
Anastrepha fraterculus, Dysmicoccus neobrevipes, and Planococcus minor 
should be removed from the pest list for pitayas because of 
insufficient evidence that they are pests of pitayas.
    Subsequent to publication of the proposed rule, we established that 
P. minor no longer meets our definition of a quarantine pest and have 
added it to our list \2\ of pests that we no longer regulate. The RMD 
for pitayas was revised to reflect this.
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    \2\ This list can be viewed at http://www.aphis.usda.gov/plant_health/plant_pest_info/frsmp/non-reg-pests.shtml.
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    APHIS has sufficient evidence that A. fraterculus has the ability 
to attack pitayas. Similarly, two separate resources note that D. 
neobrevipes, is present in Mexico and there is evidence that this pest 
attacks pitayas. Therefore, Anastrepha fraterculus and Dysmicoccus 
neobrevipes will remain on the pest list for pitayas from Mexico.
    Two commenters noted that Euschistus servus is a pest of economic 
significance in several crops in the United States. The commenters 
stated that the lack of evidence that this pest is under official 
control in the United States suggests that E. servus does not qualify 
as a quarantine pest and should be removed from the pitayas pest list.
    We agree. E. servus is prevalent in at least 14 States in the 
United States and is not regarded as a quarantine pest. We have removed 
E. servus from the list in the PRA of quarantine pests likely to follow 
the pathway of pitayas from Mexico. The RMD for pitayas has also been 
revised to reflect this change.
    The commenters also stated that inspection by APHIS at the port of 
entry should be sufficient mitigation for Maracayia chlorisalis because 
the pest is present in Mexico and APHIS documentation indicates U.S. 
inspectors have not intercepted this pest over 26 years of imports from 
various countries.
    APHIS agrees that inspection at the port of entry will be 
sufficient mitigation for M. chlorisalis. As noted in our previous 
notice, shipments of either pitayas or pomegranates from Mexico are 
subject to inspection at the U.S. ports of entry. The proposed 
irradiation treatment is a mitigation for the fruit flies associated 
with pitayas, not M. chlorisalis.
    The commenters also said that the likelihood of Milax species 
following the pathway of pitayas is low due to the management of the 
orchards, the post-harvest management of the fruit, and the sensitivity 
of Milax species to the environment.
    APHIS agrees that inspection at port of entry is sufficient to 
mitigate the risk of Milax species.
    The commenters also noted that, according to International Plant 
Protection Convention (IPPC) standards, quarantine pests should be 
identified at the species level.
    The commenters are correct. IPPC guidelines state that quarantine 
pests should be identified at the species level on additional 
declarations. We have revised the RMDs for both pitayas and 
pomegranates from Mexico to state that the additional declaration 
should include a general statement indicating that the consignment was 
inspected and found free from quarantine pests.
    The remaining comments concerned pomegranates. Two commenters said 
that the following pests should not be considered actionable pests 
because they are not established in Mexico and are regarded as pests of 
quarantine significance by Mexico's NPPO: Aleurodicus disperses, 
Ceroplastes rubens, Coccus viridis, Maconellicoccus hirsutus, and 
Dysmicoccus neobrevipes.
    Subsequent to publication of the proposed rule, we established that 
C. viridis no longer meets our definition of a quarantine pest and have 
added it to our list \3\ of pests that we no longer regulate. The RMD 
for pomegranates was revised to reflect this.
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    \3\ This list can be viewed at http://www.aphis.usda.gov/plant_health/plant_pest_info/frsmp/non-reg-pests.shtml.
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    The pests A. disperses, C. rubens, M. hirsutus, and D. neobrevipes 
are on the regulated pest list for Mexico on the International Plant 
Protection Convention's Web site. Several resources report the presence 
of these pests in Mexico, although the specific locations within the 
country are not indicated. Without survey data, it is impossible to 
specify the exact areas of distribution for these pests, although APHIS 
does assume that these pests have a limited distribution in Mexico. 
Finally, we note these pests occur in a limited portion of the 
continental United States and are considered quarantine-significant, 
actionable organisms. We believe it is appropriate that A. disperses, 
C. rubens, M. hirsutus, and D. neobrevipes remain on the pest list for 
pomegranates from Mexico.
    The commenters also said that Siphoninus phillyreae and M. hirsutus 
do not qualify as quarantine pests because they are present in United 
States and there is no evidence they are under official control.
    S. phillyreae and M. hirsutus have limited distribution in the 
United States and are currently considered by our Agency to be 
quarantine-significant, actionable pests. We continue to consider them 
likely to follow the pathway and, therefore, will retain them on the 
pest list for pomegranates.
    Therefore, in accordance with the regulations in Sec.  319.56-
4(c)(2)(ii), we are announcing our decision to authorize the 
importation into the continental United States of fresh pitayas and 
pomegranates from Mexico subject to the following phytosanitary 
measures:
     Fresh pitayas and pomegranates may be imported into the 
continental United States in commercial consignments only.
     The pitayas and pomegranates must be irradiated in 
accordance with 7 CFR part 305 with a minimum absorbed dose of 150 Gy.
     If the irradiation treatment is applied outside the United 
States, each consignment of fruit must be jointly inspected by APHIS 
and the NPPO of Mexico and accompanied by a phytosanitary certificate 
(PC) attesting that the fruit received the required irradiation 
treatment.
     If the irradiation treatment is applied upon arrival in 
the United States, each consignment of fruit must be inspected by the 
NPPO of Mexico prior to departure. For consignments of pitayas, the 
inspection must include a sampling procedure mutually agreed upon by 
APHIS and the NPPO of Mexico.
     The PC for consignments of pitayas or pomegranates must 
also include an additional declaration stating that the consignment was 
inspected and found free from quarantine pests.
     The commodity is subject to inspection at the U.S. ports 
of entry.
    These conditions will be listed in the Fruits and Vegetables Import 
Requirements database (available at http://www.aphis.usda.gov/favir). 
In addition to these specific measures, pitayas and pomegranates from 
Mexico will be subject to the general

[[Page 49253]]

requirements listed in Sec.  319.56-3 that are applicable to the 
importation of all fruits and vegetables.

    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.

    Done in Washington, DC, this 7th day of August 2013.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-19551 Filed 8-12-13; 8:45 am]
BILLING CODE 3410-34-P
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