80 FR 16622 - Notice of Decision To Authorize the Importation of Fresh Tejocote Fruit From Mexico Into the Continental United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 80, Issue 60 (March 30, 2015)

We are advising the public of our decision to authorize the importation into the continental United States of fresh tejocote fruit from Mexico. Based on the findings of a pest risk analysis, which we made available to the public for review and comment through a previous notice, we have determined 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 tejocote fruit from Mexico.

[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Notices]
[Pages 16622-16623]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07234]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2011-0077]


Notice of Decision To Authorize the Importation of Fresh Tejocote 
Fruit 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 tejocote fruit 
from Mexico. Based on the findings of a pest risk analysis, which we 
made available to the public for review and comment through a previous 
notice, we have determined 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 tejocote fruit from Mexico.

DATES: Effective March 30, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. David B. Lamb, Senior Regulatory 
Policy Specialist, PHP, PPQ, APHIS, 4700 River Road Unit 133, 
Riverdale, MD 20737; (301) 851-2103.

SUPPLEMENTARY INFORMATION: Under the regulations in ``Subpart--Fruits 
and Vegetables'' (7 CFR 319.56-1 through 319.56-71, 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 begin issuing permits for 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 September 29, 2011 (76 FR 60449-60450, Docket No. 
APHIS-2011-0077), in which we announced the availability, for review 
and comment, of a PRA that evaluated the risks associated with the 
importation into the continental United States of fresh tejocote fruit 
(Crataegus pubescens) from Mexico. The PRA consisted of a risk 
assessment identifying pests of quarantine significance that could 
follow the pathway of importation of fresh tejocote fruit from Mexico 
into the continental United States and a risk management document 
identifying phytosanitary measures to be applied to that commodity to 
mitigate the pest risk. We solicited comments on the notice for 60 days 
ending on November 28, 2011. We received five comments by that date. 
They were from a State agricultural official, a foreign national plant 
protection organization (NPPO), two domestic tejocote growers, and a 
domestic fruit and vegetable distributor. Four of these commenters 
opposed the importation of fresh tejocote fruit from Mexico into the 
United States.
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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-2011-0077.
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    Two commenters expressed a general concern about the phytosanitary 
risk of importing tejocote fruit from Mexico but did not mention a 
specific pest.
    The PRA did not identify any pests of quarantine significance as 
following the pathway of commercial shipments of tejocote from Mexico 
into the United States. We concluded that the required phytosanitary 
measures listed in the PRA will result in the effective removal of any 
potential quarantine pests associated with the importation of tejocote 
from Mexico.
    Another commenter opposed the importation of fresh tejocote fruit 
from Mexico on grounds that it has been demonstrated to be a host for

[[Page 16623]]

Mediterranean fruit fly (Ceratitis capitata), or Medfly. The commenter 
stated that the Mexican State of Chiapas has had recurring outbreaks of 
Medfly and requested that imports of fresh tejocote fruit from Mexico 
not be permitted into the commenter's State until the shipping protocol 
described in the PRA has had sufficient time to demonstrate that Medfly 
outbreaks in Chiapas do not result in an introduction of Medfly into 
the United States. Another commenter opposed to the importation of 
tejocote fruit cited Web sites and unspecified articles and stated that 
they contain information about tejocote crop damage caused by fruit 
flies in parts of Mexico, including Chiapas, where tejocote is grown 
commercially.
    We were unable to find information about tejocote crop damage in 
Mexico on the Web sites listed by the commenter. APHIS recognizes 
Mexico as having eradicated Medfly, a determination that has been 
corroborated by CABI, an internationally recognized pest monitoring 
resource.\2\ While there have been occasional introductions of Medfly 
along the border between the Mexican State of Chiapas and Guatemala, 
APHIS has determined that no established populations of Medfly exist in 
any part of Mexico. Furthermore, APHIS operates the Moscamed program in 
cooperation with Guatemala and Mexico to detect and eradicate 
introductions into Mexico through surveillance trapping, fruit 
sampling, biological and mechanical controls, release of sterile 
Medflies, public education efforts, and the establishment of fruit fly-
free areas. We have determined that the Moscamed program possesses the 
capability to detect, contain, and eradicate Medfly outbreaks within 
commercial tejocote growing areas of Mexico. If an outbreak of Medfly 
were to occur and APHIS determined that it posed an unacceptable 
phytosanitary risk to the United States, we would immediately prohibit 
the importation of fresh tejocote fruit from Mexico. This practice is 
consistent with actions we have taken toward imports of commodities 
from other countries considered free of certain quarantine pests when 
such pests appear in those countries and pose an unacceptable import 
risk to the United States.
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    \2\ CABI Invasive Species Compendium 2015: http://www.cabi.org/isc/datasheet/12367.
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    The PRA identified three designated measures as necessary to ensure 
the safe importation of tejocote fruit from Mexico:
     The tejocote fruit must be imported in commercial 
consignments only.
     Each consignment of tejocote fruit must be accompanied by 
a phytosanitary certificate issued by the NPPO of Mexico stating the 
following: ``Tejocote fruit in this consignment were inspected and are 
free of pests.''
     Each shipment of tejocote fruit is subject to inspection 
upon arrival at port of entry to the United States.
    One commenter noted that the PRA identified no quarantine pests 
likely to follow the pathway of commercial consignments. As a result, 
the commenter suggested that port-of-entry inspection be the only 
required measure.
    APHIS has concluded that the measures indicated in the PRA are 
necessary to effectively mitigate the pest risk associated with fresh 
tejocote fruit imported from Mexico.
    Only commercial consignments of tejocote fruit will be allowed to 
be imported from Mexico for sale and distribution. Commercial 
consignments, as defined in Sec.  319.56-2, are consignments that an 
inspector identifies as having been imported for sale and distribution. 
Produce grown commercially is less likely to be infested with plant 
pests than noncommercial consignments. Noncommercial consignments are 
more prone to infestations because the commodity is often ripe to 
overripe, could be of a variety with unknown susceptibility to pests, 
and is often grown with little or no pest control.
    Consignments of fresh tejocote fruit from Mexico will also be 
required to be accompanied by a phytosanitary certificate. The 
phytosanitary certificate provides additional assurance that the NPPO 
of Mexico has inspected the commodity and determined that it meets the 
requirements for importation into the United States and is free of 
pests.
    Three commenters opposed the importation of tejocote fruit from 
Mexico on grounds that U.S. growers could suffer economically as a 
result of competition with imported tejocote fruit.
    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. 
We do not have the authority to restrict imports solely on the grounds 
of potential economic effects on domestic entities that could result 
from increased imports.
    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 tejocote fruit 
from Mexico subject to the following phytosanitary measures:
     The tejocote fruit must be imported in commercial 
consignments only.
     Each consignment of tejocote fruit must be accompanied by 
a phytosanitary certificate issued by the NPPO of Mexico stating the 
following: ``Tejocote fruit in this consignment were inspected and are 
free of pests.''
     Each shipment of tejocote fruit is subject to inspection 
upon arrival at port of entry to the United States.
    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, fresh tejocote fruit from 
Mexico will be subject to the general 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 25th day of March 2015.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-07234 Filed 3-27-15; 8:45 am]
 BILLING CODE 3410-34-P