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Rules and Regulations
Federal Register Vol. 86, No. 215
Wednesday, November 10, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service 7 CFR Part 319
Docket No. APHIS20160034

Notification of Decision To Authorize the Importation of Pummelo From Thailand Into the Continental United States Animal and Plant Health Inspection Service, Department of Agriculture USDA.
ACTION: Final rulemaking action;
notification of decision to import.
AGENCY:

Comments on the Pest Risk Assessment
We are advising the public of our decision to authorize the importation into the continental United States of fresh pummelo fruit from Thailand. Based on the findings of a pest risk analysis, which we made available to the public for review and comment, 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 pummelo fruit from Thailand.
DATES: The articles covered by this notification may be authorized for importation after November 10, 2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Claudia A. Ferguson, M.S., Senior Regulatory Policy Coordinator, Imports, Regulations, and Manuals, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 207371236; 301 851
2352.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

Background Under the regulations in Subpart L
Fruits and Vegetables 7 CFR 319.56
1 through 319.5612, referred to below as the regulations, the Animal and Plant Health Inspection Service APHIS

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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.
On March 29, 2018, we published in the Federal Register 83 FR 13433
13436, Docket No. APHIS20160034 a proposal 1 to amend the regulations by allowing for the importation of commercially produced fresh pummelo Citrus maxima Berm. Merr. fruit from Thailand into the continental United States.
We solicited comments concerning our proposal for 60 days ending May 29, 2018. We received seven comments by that date. They were from producers, industry groups, private citizens, and a State department of agriculture. They are discussed below by topic.
We prepared a pest risk assessment and a risk management document RMD in connection with our proposal.
Based on the findings of the pest risk assessment, we determined that measures beyond standard port of entry inspection would be required to mitigate the risks posed by these pests.
These measures are identified in the RMD and were used as the basis for the requirements included in the proposed rule.
One commenter, from the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, stated that U.S. stakeholders from those areas potentially affected by any pest or disease outbreak from imported commodities should be invited to participate in site visits prior to the issuance of any proposals such as the one finalized by this document.
APHIS is committed to a transparent process and an inclusive role for stakeholders in our risk analysis process. However, since this comment relates to the structure of APHIS overall risk analysis process, and not to the importation of fresh pummelo fruit from Thailand, it is outside the scope of the current action.
The same commenter observed that the pest risk assessment as a whole is 1 To view the proposed rule, supporting documents, and the comments we received, go to http www.regulations.gov and enter APHIS2016
0034 in the Search field.

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based upon the assumption that the required post-harvest irradiation treatment may occur either in Thailand or upon arrival in the United States. The commenter went on to point out an inconsistency in the way in which we assessed the phytosanitary risk associated with Tephritidae species Bactrocera correcta Bezzi, Bactrocera cucurbitae Coquillett, Bactrocera dorsalis Hendel, Bactrocera papayae Drew & Hancock, Bactrocera tau Walker, and Monacrostichus citricola Bezzi in the list of actionable pests. The commenter pointed out that the likelihood of these pests surviving postharvest processing before shipment was rated as negligible due to the required irradiation treatment, but that the likelihood of the pests surviving transport and storage conditions of the consignment was marked not applicable, which indicated to the commenter that the risk associated with Tephritidae species was analyzed using the assumption that the fresh pummelo fruit would be treated with irradiation in Thailand only and not upon arrival in the United States after transport. The commenter recommended that the analysis be updated with any risk associated transit and storage of those shipments treated upon arrival or that it be altered to specify that risk was considered based on the presumption of irradiation treatment in Thailand only.
We agree with the commenters point and have updated the pest risk assessment to reflect the risk presented by pests potentially surviving transport and storage conditions of the consignment in the event that postharvest irradiation treatment is not performed in Thailand. This change may be found on page 23 of the updated pest risk assessment.
Comments on Phytosanitary Issues We proposed to require that fresh pummelo fruit from Thailand be subject to a systems approach that includes irradiation treatment, packinghouse processing requirements, and port of entry inspection. We also proposed that the fruit be imported only in commercial consignments and be accompanied by a phytosanitary certificate issued by the national plant protection organization NPPO of Thailand. One commenter said that these measures are not 100 percent effective in preventing the entry of
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