[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Notices]
[Pages 5612-5615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01981]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2019-0054]
Import Requirements for the Importation of Unshu Oranges From
Japan 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 Unshu oranges from
Japan into the United States and to allow Unshu oranges from the island
of Kyushu to be imported into any port of entry in the United States,
excluding territories. We are also removing the fumigation requirement
for Unshu oranges from the islands of Honshu and Shikoku. Based on the
findings of our commodity import evaluations, 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
Unshu oranges into the United States from Japan, including the island
of Kyushu.
DATES: The articles covered by this notice may be authorized for
importation after January 31, 2020.
FOR FURTHER INFORMATION CONTACT: Mr. Tony Roman, Senior Regulatory
Policy Specialist, RCC, IRM, PHP, PPQ, APHIS, 4700 River Road, Unit
133, Riverdale, MD 20737-1236; (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. 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 September 23, 2019 (84 FR 49707-49708, Docket No.
APHIS-2019-0054) announcing the availability, for review and comment,
of commodity import evaluation documents (CIEDs) prepared relative to
revising the conditions for the importation of fresh Unshu oranges from
Japan into the United States and allowing Unshu oranges from Kyushu to
be imported into any port of entry in the United States (excluding
territories). The notice proposed to remove the fumigation requirement
for the importation of Unshu oranges to the United States from areas of
production on the islands of Honshu and Shikoku in Japan and to expand
the number of ports of entry authorized for importation of Unshu
oranges from the island of Kyushu.
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\1\ To view the notice, supporting documents, and the comments
that we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2019-0054.
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We solicited comments on the CIEDs for 60 days ending on November
22, 2019. We received six comments by that date. Two of these comments
were sent by representatives of State government agricultural agencies,
with the remainder submitted by the public. The comments are discussed
below.
General Comments
A commenter stated that the United States should focus more on
addressing domestic citrus challenges, particularly with respect to
Asian citrus psyllid.
Under its obligations as a cosignatory to the International Plant
Protection Convention, APHIS is required to base its import
requirements on an
[[Page 5613]]
assessment of plant pest risk; for the reasons stated in the CIEDs, the
initial notice, and this notice, we have determined that revisions to
the import requirements for Unshu oranges from Japan are warranted to
have these requirements be commensurate with respect to risk.
That being said, as a means to address domestic citrus challenges,
APHIS has developed the Citrus Health Response Program (CHRP). The CHRP
provides phytosanitary guidelines for nursery stock, fruit inspection,
treatment, and certification. The CHRP also works closely with
regulatory officials from citrus-producing States to identify and
implement appropriate survey, diagnostic, and mitigation measures to
reduce the spread of citrus canker, citrus greening, and other citrus
diseases.
A commenter asked for assurances that citrus greening will not be
transported with Unshu oranges from Japan into Hawaii under the
proposed change to the import requirements.
Commercially grown and packaged fruit is an epidemiologically
insignificant pathway for the transmission of citrus greening.
Moreover, as part of the packinghouse procedures that will be detailed
in an operational workplan entered into by APHIS and the national plant
protection organization of Japan, Unshu oranges will be washed with
sodium hypochlorite solution to mitigate the risk of Asian citrus
psyllid, the primary vector of citrus greening.
The commenter added that if APHIS approves these new import
requirements, then Hawaiian citrus growers should be allowed to import
scion and propagative material to compete with imported fruit on a
level playing field.
We are making no changes in response to the commenter. Under the
Plant Protection Act (7 U.S.C. 7701 et seq.), we have the authority to
prohibit or restrict the importation of plants and plant products only
when necessary to prevent the introduction into or dissemination of
plant pests or noxious weeds within the United States. Accordingly, any
decisions made by APHIS regarding the movement of propagative materials
into Hawaii would be based on phytosanitary safety considerations and
not on economic effects.
Another commenter asked if APHIS had conducted research on new
pests of concern, noting that the Unshu orange regulations are over 17
years old and that new actionable pests not known to occur in the
United States or Hawaii may have emerged since the initial assessment.
No new actionable pests have been found in Japan since APHIS'
initial assessment for Unshu orange from Japan. APHIS has maintained
pest interception data on Unshu orange from Japan from 1984 to the
present. The national plant protection organization (NPPO) of Japan
also maintains a working relationship with APHIS to keep us informed of
any actionable pest activity.
A commenter asked us to confirm that the regulation suggests that
the same applications and risks used to prevent spread of citrus canker
in the United States also apply to Japan.
We can confirm that, with respect to importation of citrus from
Japan and other countries, APHIS applies pest mitigation measures that
are equivalent to those mitigations used for movement of citrus within
the United States.
Citing pest risks to domestic citrus production, one commenter
opposed ending the use of methyl bromide fumigation on Unshu oranges
from Japan but provided no details. Another commenter asked what types
of pesticides Japan plans to use to replace methyl bromide.
We have determined that methyl bromide fumigation is no longer
necessary as a pest mitigation measure for importation of Unshu oranges
from Japan into the United States. No pesticides are intended to be
used as a replacement for methyl bromide. The only phytosanitary
treatment that the Unshu oranges will receive is washing at the
packinghouse with a solution of sodium hypochlorite. If pests are found
in the future during phytosanitary inspections in Japan or at ports of
entry into the United States, the shipments will be treated in
accordance with 7 CFR part 305.
A commenter asked that APHIS clarify in Sec. 319.28(b) all areas
of Japan that are allowed to ship Unshu oranges and suggested listing
the prefectures for Kyushu included among these areas. The commenter
also asked APHIS to clarify in Sec. 319.28(b) that any territorial
destinations are not included for import, noting that the notice is
confusing and Guam was not included. The commenter also noted that the
docket background clearly states ``ports of entry in the United States
(excluding territories)''.
The commenter is referring to a subpart that was removed from the
regulations by a final rule published in the Federal Register on
September 14, 2018 (83 FR 46627-46639, Docket No. APHIS-2010-0084). As
a result of that rule, import requirements for Unshu oranges from Japan
are now solely found in FAVIR. The restriction regarding importing
Unshu oranges from Japan to U.S. territories in FAVIR is unambiguous.
A commenter stated that the current rule says ``Unshu oranges from
Kyushu Island, Japan (Prefectures of Fukuoka, Kumanmoto, Nagasaki, and
Saga only) that have not been fumigated in accordance with part 305 of
this chapter may not be imported into American Samoa, Arizona,
California, Florida, Hawaii, Louisiana, the Northern Mariana Islands,
Puerto Rico, Texas, or the U.S. Virgin Islands.'' The commenter stated
that it was only logical to mention ``not been fumigated'' if it was
also true that Unshu would be enterable to citrus growing States if
they were fumigated. Otherwise, the rule would have simply stated
``Unshu oranges are prohibited from the Kyushu Prefectures of Fukuoka,
Kumanmoto, Nagasaki, and Saga into citrus growing States Arizona,
California, Florida, Hawaii, Louisiana, or Texas.''
We are making no changes in response to the commenter. We are
unclear as to the commenter's reference to the ``current rule.'' The
prohibitions mentioned by the commenter are actually derived from an
earlier version of 7 CFR part 319. The commenter seems to be stating
that the import restriction in this outdated version could be reworded
to communicate the same point in fewer words. As noted above, FAVIR
contains current import requirements. It indicates that oranges
originating in Kyushu are only admissible into States other than
Arizona, California, Florida, Hawaii, and Texas, and fumigation is not
required. It also indicates that Unshu oranges are prohibited entry
into the territories of American Samoa, Northern Mariana Islands,
Puerto Rico, and the U.S. Virgin Islands.
Comments Related to the CIEDs
Bactrocera Tsuneonis
A commenter suggested that APHIS confirm continuance of the
Bactrocera tsuneonis trapping protocol suspension of shipping from
Kyushu Island until negative trapping shows the problem has been
resolved. The commenter added that longstanding trapping data does not
in itself justify removal of the trapping safeguards and suggested that
the current trapping standards could be optional if B. tsuneonis was no
longer known to occur based on standard APHIS criteria for generational
eradication for the species, or if other efficacious practices replace
past ones
[[Page 5614]]
and are required for all exported Unshu oranges.
We can confirm that trapping will continue for B. tsuneonis in
Japan even after removal of the mandatory fumigation requirement.
A commenter expressed concern about the risk that B. tsuneonis
poses to California's citrus industry because a male trapping lure does
not exist, making it necessary to use protein-based lures, which are
less efficacious. The commenter added that standard culling and packing
procedures are not likely to remove all infested fruit because fruit
fly larvae are internal feeders. Another commenter agreed, stating that
allowing shipments of Unshu oranges to enter the United States without
undertaking mitigation measures for B. tsuneonis could devastate the
Florida citrus industry.
Since 2016, Japan has been conducting trapping on Kyushu Island in
accordance with these trapping protocols with no interceptions of B.
tsuneonis to date. We acknowledge that Japan has been trapping for B.
tsuneonis with a protein-based trap, and also agree that a male
trapping lure for B. tsuneonis would be more efficient than a protein-
based trap, but disagree that protein-based traps are ineffective at
detecting populations of B. tsuneonis. In the absence of a species-
specific male lure, protein baits may be used reliably to trap for
fruit flies; the absence of the lure is accounted for by adjusting the
trapping protocol itself, such as by increasing trap density and
servicing. This approach is evidenced in the trapping protocols used
extensively throughout Central and South America for Anastrepha spp.
The same commenter added that while fruit fly detection trapping is
done in Japan with APHIS-approved methods, we provided no trapping
details with the proposal, nor did we provide information on the
planned response if fruit flies are detected.
Under an operational workplan entered into by the NPPO of Japan and
APHIS, trapping protocols and other pest mitigation are agreed upon and
documented in detail. In the event of an infestation, shipment of
consignments would be halted from the infested areas until the
infestation is eradicated and APHIS determines that risk mitigations
for resumption of shipments will be adequate.
External Feeders
A commenter noted that the small number of pest interceptions does
not seem like a solid argument against the risk posed by external pests
on Unshu oranges. As the economic assessment indicates, the commenter
opined, small amounts of this fruit were exported to the United States,
so it would be expected that the number of interceptions would also be
small.
We disagree with the commenter's premise that the amount of Unshu
orange imported into the United States from Japan is proportional to
the number of pest interceptions. While the volume of Unshu oranges
imported from Japan into the United States has decreased in recent
years, import volume has not always been as low. Additionally, APHIS
has only detected plant pests on Unshu oranges from Japan 45 times
since 1984, regardless of volume of imports in a particular year. This
indicates the efficacy of mitigations agreed to between APHIS and the
NPPO of Japan, and we do not expect this to change substantially if
shipments of fruit are increased. Nonetheless, APHIS does not expect
shipments of Unshu orange from Japan to increase significantly as a
result of this change to the import requirements.
A commenter agreed that external pests targeted by fumigation could
be detected during inspection but stated that inspection should not be
the sole mitigation measure. On this point, the commenter noted that
post-harvest washing and waxing can reduce the risk of external pests
but that APHIS failed to provide information regarding post-harvest
handling procedures of Unshu oranges.
As part of the packinghouse procedures, Unshu oranges will be
dipped and washed with approved disinfectants to mitigate for surface
feeders. Fruit will also be subject to a phytosanitary inspection
before entering the United States.
A commenter stated that it is not possible to assess the risk posed
by unidentified mealybugs and suggested that further identification is
needed to assess species-specific risk.
If mealybugs are detected on Unshu oranges destined for importation
into the United States during a phytosanitary inspection, they are
subject to fumigation, regardless of species. Identification of species
is not required for this mitigation.
A commenter disagreed with discontinuing use of methyl bromide for
Unshu oranges from the islands of Honshu or Shikoku because of concerns
over two species of mites, Eotetranychus asiaticus and Eotetranychus
kankitus, and a fruit fly, Bactrocera tsuneonis. The commenter noted
that, despite our statement that these pests are surface feeders and
could be detected during phytosanitary inspections, the small mites
could easily be missed in a visual inspection.
We have determined that a visual inspection, combined with other
requirements detailed in the operational workplan, including
packinghouse washing with a solution of sodium hypochlorite,
sufficiently mitigates mites and other surface feeders. Additionally,
as we discussed earlier in this document, Japan has not detected B.
tsuneonis since 2016. Any detections of mites or fruit flies on Unshu
oranges from Japan are treated in accordance with 7 CFR part 305.
A commenter questioned whether mitigations were necessary for
mites, as they are already addressed by a fruit scrubbing and washing
requirement in a 2013 risk analysis. The analysis includes packinghouse
washing and scrubbing procedures, disinfection, chemical treatment, and
fruit waxing. The commenter asked if these protocols were required or
suggested by APHIS.
Post-harvest/packinghouse protocols, which include washing and
disinfection of fruit to mitigate mites and other surface feeders, will
be included in the operational workplan.
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 Unshu oranges from Japan by removing the methyl
bromide requirement for Unshu oranges from the islands of Honshu and
Shikoku and allowing Unshu oranges from the island of Kyushu to be
imported into any port of entry in the United States, excluding
territories. The revised conditions are as follows:
The oranges must be commercial consignments. In order to
be considered commercially produced, the oranges must be washed and
disinfected in accordance with an operational workplan agreed to by
APHIS and the NPPO of Japan.
Each consignment must be accompanied by a phytosanitary
certificate with an additional declaration that the oranges were packed
and produced in accordance with the requirements authorized under 7 CFR
319.56-4.
Each consignment must be free of leaves, twigs, and other
plant parts, except for stems that are less than 1 inch long and
attached to the fruit.
Shipments are prohibited entry into any U.S. territory.
Each shipment is subject to inspection at the port of
entry into the United States.
Each shipment must be imported under an import permit
issued by APHIS.
[[Page 5615]]
These revised 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,
fresh Unshu oranges from Japan 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 Section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection activities
included in this notice are approved by the Office of Management and
Budget under 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 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 29th day of January 2020.
Michael Watson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2020-01981 Filed 1-30-20; 8:45 am]
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