83 FR 13433 - Importation of Pummelo From Thailand Into the Continental United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 83, Issue 61 (March 29, 2018)

Page Range		13433-13436
FR Document		2018-06288

We are proposing to amend the regulations to allow the importation of fresh pummelo fruit from Thailand into the continental United States. As a condition of entry, fresh pummelo fruit from Thailand would be subject to a systems approach that would include irradiation treatment, packinghouse processing requirements, and port of entry inspection. The fruit would also be required to be imported in commercial consignments and be accompanied by a phytosanitary certificate issued by the national plant protection organization of Thailand. This action would allow for the importation of fresh pummelo fruit from Thailand while continuing to provide protection against the introduction of plant pests into the continental United States.

Federal Register, Volume 83 Issue 61 (Thursday, March 29, 2018)

[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Proposed Rules]
[Pages 13433-13436]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-06288]

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Proposed Rules
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 /
Proposed Rules

[[Page 13433]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2016-0034]
RIN 0579-AE33

Importation of Pummelo From Thailand Into the Continental United
States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the regulations to allow the
importation of fresh pummelo fruit from Thailand into the continental
United States. As a condition of entry, fresh pummelo fruit from
Thailand would be subject to a systems approach that would include
irradiation treatment, packinghouse processing requirements, and port
of entry inspection. The fruit would also be required to be imported in
commercial consignments and be accompanied by a phytosanitary
certificate issued by the national plant protection organization of
Thailand. This action would allow for the importation of fresh pummelo
fruit from Thailand while continuing to provide protection against the
introduction of plant pests into the continental United States.

DATES: We will consider all comments that we receive on or before May
29, 2018.

ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0034.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2016-0034, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2016-
0034 or in our reading room, which is located in Room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW, Washington, DC.
Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia A. Ferguson, MS, Senior
Regulatory Policy Coordinator, Imports, Regulations, and Manuals,
Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road,
Unit 133, Riverdale, MD 20737-1236; (301) 851-2352.

SUPPLEMENTARY INFORMATION:

Background

Under the regulations in ``Subpart-Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-82, referred to below as the regulations), the
Animal and Plant Health Inspection Service (APHIS) of the United States
Department of Agriculture (USDA) prohibits or restricts the importation
of fruits and vegetables into the United States from certain parts of
the world to prevent the introduction and dissemination of plant pests.
The regulations currently do not authorize the importation of fresh
pummelo fruit (Citrus maxima (Berm.) Merr.) from Thailand. The national
plant protection organization (NPPO) of Thailand has requested that
APHIS amend the regulations to allow the importation of commercially
produced fresh pummelo fruit from Thailand into the continental United
States. In evaluating Thailand's request, we prepared a pest risk
assessment (PRA) and a risk management document (RMD). Copies of the
PRA and the RMD may be obtained from the person listed under FOR
FURTHER INFORMATION CONTACT or viewed on the Regulations.gov website
(see ADDRESSES above for instructions for accessing Regulations.gov).
The PRA, titled ``Importation of Fruit of Pummelo, Citrus maxima
(Burm.) Merr., from Thailand into the Continental United States''
(December 2017) analyzes the potential pest risk associated with the
importation of fresh pummelo fruit into the continental United States
from Thailand.
The PRA identifies 21 actionable pests that could be introduced
into the United States in consignments of fresh pummelo fruit from
Thailand. The pests listed in the PRA are as follows:
Bactrocera correcta Bezzi, guava fruit fly;
Bactrocera cucurbitae Coquillett, melon fruit fly;
Bactrocera dorsalis Hendel, oriental fruit fly;
Bactrocera papayae Drew & Hancock, Asian papaya fruit fly;
Bactrocera tau Walker, a complex of fruit flies;
Ceroplastes rubens Maskell, pink wax scale;
Citripestis sagittiferella Moore, citrus fruit borer;
Eotetranychus cendanai Rimando, citrus yellow mite;
Monacrostichus citricola Bezzi, a fruit fly;
Nipaecoccus viridis Newstead, spherical mealybug;
Paradrosophila punctipennis Duda, a fruit fly;
Phyllosticta citriasiana Wulandari, Crous & Gruyter, the
causal agent for citrus tan spot;
Phyllosticta citricarpa, the causal agent for citrus black
spot;
Planococcus lilacinus Cockerell, cacao mealybug;
Prays citri Milli[egrave]re, citrus flower moth;
Prays endocarpa Meyrick, citrus pock caterpillar;
Pseudococcus cryptus Hempel, citriculus mealybug;
Rastrococcus spinosus Robinson, Philippine mango mealybug;
Rastrococcus tropicasiaticus Williams, a mealybug;
Schizotetranychus baltazari Rimando, Bamboo spider mite;
and
Xanthomonas citri Gabriel et al. (XCC), the causal agent
for citrus canker.
Based on the findings of the PRA, APHIS has determined that
measures beyond standard port of entry inspection are required to
mitigate the risks posed by these pests. These measures are identified
in the RMD and are used as the basis for the requirements included in
this proposed rule. We are therefore proposing to allow the importation
of fresh pummelo fruit from Thailand into the continental United States
if it is produced and

[[Page 13434]]

shipped in accordance with the systems approach as described below. The
requirements of the systems approach would be added to the regulations
as a new Sec. 319.56-83.

Commercial Consignments

Only commercial consignments of fresh pummelo fruit from Thailand
would be accepted for import into the continental United States.
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,
or is grown with little or no pest control. Commercial consignments, as
defined in Sec. 319.56-2, are consignments that an inspector
identifies as having been imported for sale and distribution. Such
identification is based on a variety of indicators, including, but not
limited to: Quantity of produce, type of packing, identification of
grower or packinghouse on the packaging, and documents consigning the
fruits or vegetables to a wholesaler or retailer.

Treatments

Under this proposed rule, fresh pummelo fruit from Thailand would
be required to be treated with a minimum absorbed irradiation dose of
400 Gy in accordance with Sec. 305.9 of the phytosanitary treatment
regulations in 7 CFR part 305. This is the established generic dose for
all insect pests except pupae and adults of the order Lepidoptera.
While it is true that three of the quarantine pests associated with
fresh pummelo fruit from Thailand are Lepidopteran, irradiation in
conjunction with other mitigations against Lepidopteran pests, can
provide phytosanitary protection for several reasons:
While the treatment is not lethal to pupae and adults of
the order Lepidoptera, it is lethal to larvae. Larvae are of greatest
phytosanitary concern given that they are internal feeders and may
therefore be overlooked upon inspection.
Irradiation tends to prevent normal adult emergence from
the pupal stage.
Irradiation also causes sterility in pupae and emerged
adults, preventing further larval reproduction. Moreover, pupae and
adult Lepidoptera are unlikely to be associated with fresh pummelo
fruit.
The shipments of fresh pummelo fruit from Thailand would also have
to meet all other relevant treatment requirements in part 305.

Packinghouse Procedures

Those plant pests associated with the importation pathway for fresh
pummelo fruit from Thailand that are non-Insecta (XCC, P. citriasiana,
and P. citricarpa), Insecta but not neutralized by irradiation (E.
cendanai and S. baltazari), and the pupae and adult forms of
lepidoptera (C. sagittiferella, P. citri, and P. endocarpa), require
the application of additional mitigations. Prior to packing, the fresh
pummelo fruit would have to be washed, brushed, and disinfested. The
fresh pummelo fruit would also be required to be submerged in a
surfactant, treated for XCC with an APHIS-approved surface
disinfectant, and treated for P. citriasiana and P. citricarpa with an
APHIS-approved fungicide. These packinghouse processing requirements
will ensure that all pests of concern not mitigated by irradiation are
removed from the importation pathway.

Phytosanitary Certificate

A phytosanitary certificate issued by the NPPO of Thailand would
have to accompany each consignment of fresh pummelo fruit. If the fresh
pummelo fruit was irradiated in Thailand, the fresh pummelo fruit would
have to be jointly inspected by APHIS and the NPPO of Thailand, and the
phytosanitary certificate would have to contain additional declarations
attesting to this joint inspection and to the irradiation of the fresh
pummelo fruit in Thailand. If the fresh pummelo fruit will be
irradiated upon arrival in the United States, these additional
declarations would not be needed.
The phytosanitary certificate ensures the fresh pummelo fruit was
inspected by the NPPO of Thailand, and certifies that the fresh pummelo
fruit meets our requirements for export to the continental United
States. Additional declarations provide assurances regarding joint
inspection and proper administration of irradiation treatment.

Port of Entry Inspection

Shipments of fresh pummelo fruit from Thailand would be subject to
inspection at the port of entry. This will provide an additional layer
of phytosanitary protection in order to prevent the dissemination of
plant pests into the continental United States.

Executive Orders 12866 and 13771 and Regulatory Flexibility Act

This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866 and, therefore, has not been
reviewed by the Office of Management and Budget. This proposed rule is
not expected to be an Executive Order 13771 regulatory action because
this proposed rule is not significant under Executive Order 12866.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this proposed rule on small entities. Copies of
the full analysis are available by contacting the person listed under
FOR FURTHER INFORMATION CONTACT or on the Regulations.gov website (see
ADDRESSES above for instructions for accessing Regulations.gov).
Pummelo is a relatively minor citrus fruit for which there is
limited information. There are no official statistics on the volume or
value of pummelos produced or consumed in the United States.
Agricultural statistics for California report that the area planted in
pummelo and hybrid groves in 2016 totaled 1,587 acres. California
production that year totaled 540,000 boxes, or about 19,595 metric
tons, and had a farm gate value of $9.04 million. The expected volume
of imports from Thailand would be the equivalent of about 1 percent of
California's pummelo production. Unofficially, there are about 100
pummelo growers in California. The majority of these producers likely
operate as small entities, given that this is true for producers of
citrus fruit generally.
Information on pummelo production in Arizona, Florida, or Texas is
not available. U.S. import and export data specific to pummelo are also
not available because pummelo is grouped with grapefruit in Department
of Commerce trade statistics (Harmonized Tariff Schedule 080540).
Based on the information we have, there is no reason to conclude
that adoption of this proposed rule would result in any significant
economic effect on a substantial number of small entities. However, we
do not currently have all of the data necessary for a comprehensive
analysis of the effects of this proposed rule on small entities.
Therefore, we are inviting comments on potential effects. In
particular, we are interested in determining the number and kind of
small entities that may incur benefits or costs from the implementation
of this proposed rule.

Executive Order 12988

This proposed rule would allow fresh pummelo fruit to be imported
into the continental United States from Thailand under a systems
approach. If this

[[Page 13435]]

proposed rule is adopted, State and local laws and regulations
regarding fresh pummelo fruit imported under this rule would be
preempted while the fruit is in foreign commerce. Fresh fruits are
generally imported for immediate distribution and sale to the consuming
public and would remain in foreign commerce until sold to the ultimate
consumer. The question of when foreign commerce ceases in other cases
must be addressed on a case-by-case basis. If this proposed rule is
adopted, no retroactive effect will be given to this rule, and this
rule will not require administrative proceedings before parties may
file suit in court challenging this rule.

Paperwork Reduction Act

In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), reporting and recordkeeping
requirements included in this proposed rule have been submitted for
approval to the Office of Management and Budget (OMB). Please send
comments on the Information Collection Request (ICR) to OMB's Office of
Information and Regulatory Affairs via email to
[email protected], Attention: Desk Officer for APHIS,
Washington, DC 20503. Please state that your comments refer to Docket
No. APHIS-2016-0034. Please send a copy of your comments to the USDA
using one of the methods described under ADDRESSES at the beginning of
this document.
APHIS is proposing to amend the regulations to allow the
importation of fresh pummelo fruit from Thailand into the continental
United States. As a condition of entry, fresh pummelo fruit from
Thailand would be subject to a systems approach that would include
irradiation treatment, packinghouse processing requirements, and port
of entry inspection. The fruit would also be required to be imported in
commercial consignments and accompanied by a phytosanitary certificate
issued by the NPPO of Thailand. This action would allow for the
importation of fresh pummelo fruit from Thailand while continuing to
provide protection against the introduction of plant pests into the
continental United States.
Implementing this information collection will require respondents
to complete phytosanitary certificates and port of entry inspections.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.67 hours per response.
Respondents: Foreign businesses and the NPPO of Thailand.
Estimated annual number of respondents: 2.
Estimated annual number of responses per respondent: 18.
Estimated annual number of responses: 36.
Estimated total annual burden on respondents: 24 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
A copy of the information collection may be viewed on the
Regulations.gov website or in our reading room. (A link to
Regulations.gov and information on the location and hours of the
reading room are provided under the heading ADDRESSES at the beginning
of this proposed rule.) Copies can also be obtained from Ms. Kimberly
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2483.
APHIS will respond to any ICR-related comments in the final rule. All
comments will also become a matter of public record.

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 proposed rule, please contact Ms. Kimberly
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2483.

Lists of Subjects in 7 CFR Part 319

Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.

Accordingly, we are proposing to amend 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

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.

0
2. Section 319.56-83 is added to read as follows:

Sec. 319.56-83 Pummelo From Thailand.

Fresh pummelo fruit (Citrus maxima (Burm.) Merr.) (Rutaceae) may be
imported into the continental United States from Thailand under the
following conditions:
(a) Commercial consignments. The fresh pummelo fruit must be
shipped in commercial consignments only.
(b) Irradiation treatment. The fresh pummelo fruit must be treated
with irradiation in accordance with part 305 of this chapter.
(c) Packinghouse procedures. Prior to packing, the fresh pummelo
fruit must be washed, brushed, disinfested, submerged in surfactant,
treated for Xanthomonas citri Gabriel et al. with an APHIS-approved
surface disinfectant, and treated for Phyllosticta citriasiana and
Phyllosticta citricarpa with an APHIS-approved fungicide.
(d) Phytosanitary certificate. Each shipment of fresh pummelo fruit
must be accompanied by a phytosanitary certificate issued by the
national plant protection organization (NPPO) of Thailand. If the fresh
pummelo fruit was irradiated in Thailand, each consignment of fruit
must be inspected jointly in Thailand by APHIS and the NPPO of
Thailand, and the phytosanitary certificate must contain an additional
declaration attesting to irradiation of the fresh pummelo fruit in
accordance with part 305 of this chapter. If the fresh pummelo fruit
will be irradiated upon arrival into the continental United States,
joint inspection in Thailand and an additional declaration on the
phytosanitary certificate are not required.
(e) Port of entry inspection. Consignments of fresh pummelo fruit
from Thailand are subject to inspection

[[Page 13436]]

at ports of entry in the continental United States.

Done in Washington, DC, this 23rd day of March 2018.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2018-06288 Filed 3-28-18; 8:45 am]
BILLING CODE 3410-34-P

13433

Proposed Rules Federal Register
Vol. 83, No. 61

Thursday, March 29, 2018

This section of the FEDERAL REGISTER may be viewed at http:// pummelo fruit into the continental
contains notices to the public of the proposed www.regulations.gov/ United States from Thailand.
issuance of rules and regulations. The #!docketDetail;D=APHIS–2016–0034 or The PRA identifies 21 actionable
purpose of these notices is to give interested in our reading room, which is located in pests that could be introduced into the
persons an opportunity to participate in the Room 1141 of the USDA South United States in consignments of fresh
rule making prior to the adoption of the final
rules.
Building, 14th Street and Independence pummelo fruit from Thailand. The pests
Avenue SW, Washington, DC. Normal listed in the PRA are as follows:
reading room hours are 8 a.m. to 4:30 • Bactrocera correcta Bezzi, guava
DEPARTMENT OF AGRICULTURE p.m., Monday through Friday, except fruit fly;
holidays. To be sure someone is there to • Bactrocera cucurbitae Coquillett,
Animal and Plant Health Inspection help you, please call (202) 799–7039 melon fruit fly;
Service before coming. • Bactrocera dorsalis Hendel, oriental
FOR FURTHER INFORMATION CONTACT: Ms. fruit fly;
7 CFR Part 319 Claudia A. Ferguson, MS, Senior • Bactrocera papayae Drew &
Regulatory Policy Coordinator, Imports, Hancock, Asian papaya fruit fly;
[Docket No. APHIS–2016–0034]
Regulations, and Manuals, Regulatory • Bactrocera tau Walker, a complex
RIN 0579–AE33 Coordination and Compliance, PPQ, of fruit flies;
APHIS, 4700 River Road, Unit 133, • Ceroplastes rubens Maskell, pink
Importation of Pummelo From Thailand wax scale;
Riverdale, MD 20737–1236; (301) 851–
Into the Continental United States
2352. • Citripestis sagittiferella Moore,
citrus fruit borer;
AGENCY: Animal and Plant Health SUPPLEMENTARY INFORMATION: • Eotetranychus cendanai Rimando,
Inspection Service, USDA.
Background citrus yellow mite;
ACTION: Proposed rule. • Monacrostichus citricola Bezzi, a
Under the regulations in ‘‘Subpart– fruit fly;
SUMMARY: We are proposing to amend Fruits and Vegetables’’ (7 CFR 319.56–
the regulations to allow the importation • Nipaecoccus viridis Newstead,
1 through 319.56–82, referred to below spherical mealybug;
of fresh pummelo fruit from Thailand as the regulations), the Animal and
into the continental United States. As a • Paradrosophila punctipennis Duda,
Plant Health Inspection Service (APHIS) a fruit fly;
condition of entry, fresh pummelo fruit of the United States Department of
from Thailand would be subject to a • Phyllosticta citriasiana Wulandari,
Agriculture (USDA) prohibits or Crous & Gruyter, the causal agent for
systems approach that would include restricts the importation of fruits and
irradiation treatment, packinghouse citrus tan spot;
vegetables into the United States from • Phyllosticta citricarpa, the causal
processing requirements, and port of certain parts of the world to prevent the
entry inspection. The fruit would also agent for citrus black spot;
introduction and dissemination of plant • Planococcus lilacinus Cockerell,
be required to be imported in pests.
commercial consignments and be cacao mealybug;
accompanied by a phytosanitary
The regulations currently do not • Prays citri Millière, citrus flower
authorize the importation of fresh moth;
certificate issued by the national plant
protection organization of Thailand.
pummelo fruit (Citrus maxima (Berm.) • Prays endocarpa Meyrick, citrus
Merr.) from Thailand. The national pock caterpillar;
This action would allow for the
importation of fresh pummelo fruit from
plant protection organization (NPPO) of • Pseudococcus cryptus Hempel,
Thailand has requested that APHIS citriculus mealybug;
Thailand while continuing to provide
protection against the introduction of
amend the regulations to allow the • Rastrococcus spinosus Robinson,
importation of commercially produced Philippine mango mealybug;
plant pests into the continental United
States.
fresh pummelo fruit from Thailand into • Rastrococcus tropicasiaticus
the continental United States. In Williams, a mealybug;
DATES: We will consider all comments evaluating Thailand’s request, we • Schizotetranychus baltazari
that we receive on or before May 29, prepared a pest risk assessment (PRA) Rimando, Bamboo spider mite; and
2018. and a risk management document • Xanthomonas citri Gabriel et al.
ADDRESSES: You may submit comments (RMD). Copies of the PRA and the RMD (XCC), the causal agent for citrus canker.
by either of the following methods: may be obtained from the person listed Based on the findings of the PRA,
• Federal eRulemaking Portal: Go to under FOR FURTHER INFORMATION APHIS has determined that measures
http://www.regulations.gov/ CONTACT or viewed on the beyond standard port of entry
#!docketDetail;D=APHIS-2016-0034. Regulations.gov website (see ADDRESSES inspection are required to mitigate the
rmajette on DSKBCKNHB2PROD with PROPOSALS

• Postal Mail/Commercial Delivery: above for instructions for accessing risks posed by these pests. These
Send your comment to Docket No. Regulations.gov). measures are identified in the RMD and
APHIS–2016–0034, Regulatory Analysis The PRA, titled ‘‘Importation of Fruit are used as the basis for the
and Development, PPD, APHIS, Station of Pummelo, Citrus maxima (Burm.) requirements included in this proposed
3A–03.8, 4700 River Road, Unit 118, Merr., from Thailand into the rule. We are therefore proposing to
Riverdale, MD 20737–1238. Continental United States’’ (December allow the importation of fresh pummelo
Supporting documents and any 2017) analyzes the potential pest risk fruit from Thailand into the continental
comments we receive on this docket associated with the importation of fresh United States if it is produced and

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1

13434 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

shipped in accordance with the systems all other relevant treatment therefore, has not been reviewed by the
approach as described below. The requirements in part 305. Office of Management and Budget. This
requirements of the systems approach proposed rule is not expected to be an
Packinghouse Procedures
would be added to the regulations as a Executive Order 13771 regulatory action
new § 319.56–83. Those plant pests associated with the because this proposed rule is not
importation pathway for fresh pummelo significant under Executive Order
Commercial Consignments fruit from Thailand that are non-Insecta 12866.
Only commercial consignments of (XCC, P. citriasiana, and P. citricarpa), In accordance with 5 U.S.C. 603, we
fresh pummelo fruit from Thailand Insecta but not neutralized by have performed an initial regulatory
would be accepted for import into the irradiation (E. cendanai and S. flexibility analysis, which is
continental United States. Produce baltazari), and the pupae and adult summarized below, regarding the
grown commercially is less likely to be forms of lepidoptera (C. sagittiferella, P. economic effects of this proposed rule
infested with plant pests than citri, and P. endocarpa), require the on small entities. Copies of the full
noncommercial consignments. application of additional mitigations. analysis are available by contacting the
Noncommercial consignments are more Prior to packing, the fresh pummelo person listed under FOR FURTHER
prone to infestations because the fruit would have to be washed, brushed, INFORMATION CONTACT or on the
commodity is often ripe to overripe, and disinfested. The fresh pummelo Regulations.gov website (see ADDRESSES
could be of a variety with unknown fruit would also be required to be above for instructions for accessing
susceptibility to pests, or is grown with submerged in a surfactant, treated for Regulations.gov).
little or no pest control. Commercial XCC with an APHIS-approved surface Pummelo is a relatively minor citrus
consignments, as defined in § 319.56–2, disinfectant, and treated for P. fruit for which there is limited
are consignments that an inspector citriasiana and P. citricarpa with an information. There are no official
identifies as having been imported for APHIS-approved fungicide. These statistics on the volume or value of
sale and distribution. Such packinghouse processing requirements pummelos produced or consumed in the
identification is based on a variety of will ensure that all pests of concern not United States. Agricultural statistics for
indicators, including, but not limited to: mitigated by irradiation are removed California report that the area planted in
Quantity of produce, type of packing, from the importation pathway. pummelo and hybrid groves in 2016
identification of grower or packinghouse totaled 1,587 acres. California
Phytosanitary Certificate production that year totaled 540,000
on the packaging, and documents
consigning the fruits or vegetables to a A phytosanitary certificate issued by boxes, or about 19,595 metric tons, and
wholesaler or retailer. the NPPO of Thailand would have to had a farm gate value of $9.04 million.
accompany each consignment of fresh The expected volume of imports from
Treatments pummelo fruit. If the fresh pummelo Thailand would be the equivalent of
Under this proposed rule, fresh fruit was irradiated in Thailand, the about 1 percent of California’s pummelo
pummelo fruit from Thailand would be fresh pummelo fruit would have to be production. Unofficially, there are about
required to be treated with a minimum jointly inspected by APHIS and the 100 pummelo growers in California. The
absorbed irradiation dose of 400 Gy in NPPO of Thailand, and the majority of these producers likely
accordance with § 305.9 of the phytosanitary certificate would have to operate as small entities, given that this
phytosanitary treatment regulations in 7 contain additional declarations attesting is true for producers of citrus fruit
CFR part 305. This is the established to this joint inspection and to the generally.
generic dose for all insect pests except irradiation of the fresh pummelo fruit in Information on pummelo production
pupae and adults of the order Thailand. If the fresh pummelo fruit in Arizona, Florida, or Texas is not
Lepidoptera. will be irradiated upon arrival in the available. U.S. import and export data
United States, these additional specific to pummelo are also not
While it is true that three of the
declarations would not be needed. available because pummelo is grouped
quarantine pests associated with fresh
The phytosanitary certificate ensures with grapefruit in Department of
pummelo fruit from Thailand are
the fresh pummelo fruit was inspected Commerce trade statistics (Harmonized
Lepidopteran, irradiation in conjunction
by the NPPO of Thailand, and certifies Tariff Schedule 080540).
with other mitigations against Based on the information we have,
Lepidopteran pests, can provide that the fresh pummelo fruit meets our
requirements for export to the there is no reason to conclude that
phytosanitary protection for several adoption of this proposed rule would
reasons: continental United States. Additional
declarations provide assurances result in any significant economic effect
• While the treatment is not lethal to on a substantial number of small
regarding joint inspection and proper
pupae and adults of the order entities. However, we do not currently
administration of irradiation treatment.
Lepidoptera, it is lethal to larvae. Larvae have all of the data necessary for a
are of greatest phytosanitary concern Port of Entry Inspection comprehensive analysis of the effects of
given that they are internal feeders and Shipments of fresh pummelo fruit this proposed rule on small entities.
may therefore be overlooked upon from Thailand would be subject to Therefore, we are inviting comments on
inspection. inspection at the port of entry. This will potential effects. In particular, we are
• Irradiation tends to prevent normal provide an additional layer of interested in determining the number
adult emergence from the pupal stage. phytosanitary protection in order to and kind of small entities that may
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• Irradiation also causes sterility in prevent the dissemination of plant pests incur benefits or costs from the
pupae and emerged adults, preventing into the continental United States. implementation of this proposed rule.
further larval reproduction. Moreover,
pupae and adult Lepidoptera are Executive Orders 12866 and 13771 and Executive Order 12988
unlikely to be associated with fresh Regulatory Flexibility Act This proposed rule would allow fresh
pummelo fruit. This proposed rule has been pummelo fruit to be imported into the
The shipments of fresh pummelo fruit determined to be not significant for the continental United States from Thailand
from Thailand would also have to meet purposes of Executive Order 12866 and, under a systems approach. If this

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Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13435

proposed rule is adopted, State and (1) Evaluate whether the proposed Collection Coordinator, at (301) 851–
local laws and regulations regarding information collection is necessary for 2483.
fresh pummelo fruit imported under the proper performance of our agency’s
Lists of Subjects in 7 CFR Part 319
this rule would be preempted while the functions, including whether the
fruit is in foreign commerce. Fresh fruits information will have practical utility; Coffee, Cotton, Fruits, Imports, Logs,
are generally imported for immediate (2) Evaluate the accuracy of our Nursery stock, Plant diseases and pests,
distribution and sale to the consuming estimate of the burden of the proposed Quarantine, Reporting and
public and would remain in foreign information collection, including the recordkeeping requirements, Rice,
commerce until sold to the ultimate validity of the methodology and Vegetables.
consumer. The question of when foreign assumptions used; Accordingly, we are proposing to
commerce ceases in other cases must be (3) Enhance the quality, utility, and amend 7 CFR part 319 as follows:
addressed on a case-by-case basis. If this clarity of the information to be
proposed rule is adopted, no retroactive collected; and PART 319—FOREIGN QUARANTINE
effect will be given to this rule, and this (4) Minimize the burden of the NOTICES
rule will not require administrative information collection on those who are ■ 1. The authority citation for part 319
proceedings before parties may file suit to respond (such as through the use of continues to read as follows:
in court challenging this rule. appropriate automated, electronic,
mechanical, or other technological Authority: 7 U.S.C. 450, 7701–7772, and
Paperwork Reduction Act 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
collection techniques or other forms of
2.22, 2.80, and 371.3.
In accordance with section 3507(d) of information technology; e.g., permitting
the Paperwork Reduction Act of 1995 electronic submission of responses). ■ 2. Section 319.56–83 is added to read
(44 U.S.C. 3501 et seq.), reporting and Estimate of burden: Public reporting as follows:
recordkeeping requirements included in burden for this collection of information § 319.56–83 Pummelo From Thailand.
this proposed rule have been submitted is estimated to average 0.67 hours per
for approval to the Office of Fresh pummelo fruit (Citrus maxima
response.
Management and Budget (OMB). Please (Burm.) Merr.) (Rutaceae) may be
Respondents: Foreign businesses and
send comments on the Information imported into the continental United
the NPPO of Thailand.
Collection Request (ICR) to OMB’s States from Thailand under the
Estimated annual number of following conditions:
Office of Information and Regulatory respondents: 2. (a) Commercial consignments. The
Affairs via email to oira_submissions@ Estimated annual number of fresh pummelo fruit must be shipped in
omb.eop.gov, Attention: Desk Officer for responses per respondent: 18. commercial consignments only.
APHIS, Washington, DC 20503. Please Estimated annual number of (b) Irradiation treatment. The fresh
state that your comments refer to Docket responses: 36. pummelo fruit must be treated with
No. APHIS–2016–0034. Please send a Estimated total annual burden on irradiation in accordance with part 305
copy of your comments to the USDA respondents: 24 hours. (Due to of this chapter.
using one of the methods described averaging, the total annual burden hours (c) Packinghouse procedures. Prior to
under ADDRESSES at the beginning of may not equal the product of the annual packing, the fresh pummelo fruit must
this document. number of responses multiplied by the be washed, brushed, disinfested,
APHIS is proposing to amend the reporting burden per response.) submerged in surfactant, treated for
regulations to allow the importation of A copy of the information collection Xanthomonas citri Gabriel et al. with an
fresh pummelo fruit from Thailand into may be viewed on the Regulations.gov APHIS-approved surface disinfectant,
the continental United States. As a website or in our reading room. (A link and treated for Phyllosticta citriasiana
condition of entry, fresh pummelo fruit to Regulations.gov and information on and Phyllosticta citricarpa with an
from Thailand would be subject to a the location and hours of the reading APHIS-approved fungicide.
systems approach that would include room are provided under the heading (d) Phytosanitary certificate. Each
irradiation treatment, packinghouse ADDRESSES at the beginning of this shipment of fresh pummelo fruit must
processing requirements, and port of proposed rule.) Copies can also be be accompanied by a phytosanitary
entry inspection. The fruit would also obtained from Ms. Kimberly Hardy, certificate issued by the national plant
be required to be imported in APHIS’ Information Collection protection organization (NPPO) of
commercial consignments and Coordinator, at (301) 851–2483. APHIS Thailand. If the fresh pummelo fruit was
accompanied by a phytosanitary will respond to any ICR-related irradiated in Thailand, each
certificate issued by the NPPO of comments in the final rule. All consignment of fruit must be inspected
Thailand. This action would allow for comments will also become a matter of jointly in Thailand by APHIS and the
the importation of fresh pummelo fruit public record. NPPO of Thailand, and the
from Thailand while continuing to phytosanitary certificate must contain
provide protection against the E-Government Act Compliance
an additional declaration attesting to
introduction of plant pests into the The Animal and Plant Health irradiation of the fresh pummelo fruit in
continental United States. Inspection Service is committed to accordance with part 305 of this
Implementing this information compliance with the E-Government Act chapter. If the fresh pummelo fruit will
collection will require respondents to to promote the use of the internet and be irradiated upon arrival into the
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complete phytosanitary certificates and other information technologies, to continental United States, joint
port of entry inspections. provide increased opportunities for inspection in Thailand and an
We are soliciting comments from the citizen access to Government additional declaration on the
public (as well as affected agencies) information and services, and for other phytosanitary certificate are not
concerning our proposed information purposes. For information pertinent to required.
collection and recordkeeping E-Government Act compliance related (e) Port of entry inspection.
requirements. These comments will to this proposed rule, please contact Ms. Consignments of fresh pummelo fruit
help us: Kimberly Hardy, APHIS’ Information from Thailand are subject to inspection

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Document Created: 2018-03-29 00:25:34
Document Modified: 2018-03-29 00:25:34

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		We will consider all comments that we receive on or before May 29, 2018.
Contact		Ms. Claudia A. Ferguson, MS, Senior Regulatory Policy Coordinator, Imports, Regulations, and Manuals, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1236; (301) 851-2352.
FR Citation		83 FR 13433
RIN Number		0579-AE33
CFR Associated		Coffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables

83 FR 13433 - Importation of Pummelo From Thailand Into the Continental United States

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

Federal Register Volume 83, Issue 61 (March 29, 2018)

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service