Import Requirements for the Importation of Fresh Fragrant Pears From China Into the United States

Published date27 March 2020
Citation85 FR 17306
Record Number2020-06374
SectionNotices
CourtAnimal And Plant Health Inspection Service
Federal Register, Volume 85 Issue 60 (Friday, March 27, 2020)
[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
                [[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\
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                 \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
                

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