Decision To Authorize the Importation of Fresh Hass Avocado From Guatemala Into the United States, 88712-88715 [2024-25667]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88712-88715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25667]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2024-0014]


Decision To Authorize the Importation of Fresh Hass Avocado From 
Guatemala 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 authorize the 
importation of fresh Hass avocado (Persea americana var. Hass) fruit 
from Guatemala into the United States. 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 Hass avocado fruit from Guatemala.

DATES: The commodity covered by this notice may be authorized for 
importation after November 8, 2024.

FOR FURTHER INFORMATION CONTACT: Dr. Esther Serrano, Regulatory Policy 
Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 
River Road, Unit 133, Riverdale, MD 20737; (954) 699-4504.

SUPPLEMENTARY INFORMATION: 

Background

    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) 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.
    Section 319.56-4 contains a performance-based process for approving 
the importation of fruits and vegetables that, based on the findings of 
a pest risk analysis (PRA), can be safely imported subject to one or 
more of the five designated phytosanitary measures listed in paragraph 
(b) of that section. Under that process, APHIS proposes to authorize 
the importation of a fruit or vegetable into the United States if, 
based on findings of a PRA, we determine that the measures can mitigate 
the plant pest risk associated with the importation of that fruit or 
vegetable. APHIS then 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 will issue a 
subsequent Federal Register notice announcing whether or not we will 
authorize the importation of the fruit or vegetable subject to the 
phytosanitary measures specified in the notice.
    In accordance with that process, on March 27, 2024, APHIS published 
a notice \1\ in the Federal Register (89 FR 21233-21234, Docket No. 
APHIS-2024-0014) in which we announced the availability, for review and 
comment, of a PRA that evaluated the risks associated with the 
importation of fresh Hass avocado (Persea americana var. Hass) fruit 
from Guatemala into the United States. We also made available an 
economic effects assessment, or EEA, which contextualized the possible 
economic impacts associated with the notice.
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    \1\ To view the notice, supporting documents, and comments we 
received, go to https://www.regulations.gov/document/APHIS-2024-0014-0001.
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    We solicited comments on the notice for 60 days, ending on May 28, 
2024. We received 50 comments by that date. The comments were from 
growers, domestic and Guatemalan grower associations, importers, 
exporters, a business in the restaurant industry, a restaurant industry 
association, the national plant protection organization (NPPO) of 
Guatemala, and private individuals.
    The issues raised by the commenters are addressed below.
    Multiple comments expressed general concern about pest risk. 
Commenters were particularly concerned about the risk of introducing 
Heilipus lauri and Stenoma catenifer.
    Our PRA evaluated the risks associated with the importation of 
fresh Hass avocado fruit from Guatemala into the United States. We 
determined that the phytosanitary measures of the systems approach 
outlined in the risk management document (RMD) are sufficient to 
mitigate the associated pest risks, including Heilipus lauri and 
Stenoma catenifer. These measures include pest-free places of 
production, orchard sanitation, packinghouse measures, and commercial 
consignments, in conjunction with inspection and the issuance of a 
phytosanitary certificate by the NPPO of Guatemala. The commenters 
provided no scientific evidence contradicting the conclusions of our 
pest risk analysis.
    Several commenters requested that we conduct an updated physical 
survey of potential pests in Guatemala.
    A physical, biological census (a survey whose intent is to discover 
a diverse range of taxa in a given geographic area) is not part of our 
methodology of writing pest risk assessments. The pest risk assessment 
is based on port-of-entry pest interception data, information from the 
government of Guatemala, and current scientific literature relevant to 
pests that are known to feed on Hass avocado and that occur in 
Guatemala. APHIS is unaware of, and the commenter does not mention, any 
scientific literature documenting any new pests in Guatemala since the 
pest risk assessment was developed in 2022. We therefore believe that 
the pest risk assessment accounts for all known pests relevant to the 
pathway of avocados from Guatemala.
    Multiple comments suggested that we require mandatory quarantine or 
fumigation for avocados from Guatemala imported into the United States.
    APHIS has determined that the systems approach outlined in the RMD, 
which is based on pest-free places of production, orchard sanitation, 
packinghouse measures, and commercial consignments, in conjunction with 
inspection and the issuance of a phytosanitary certificate by the NPPO 
of Guatemala, will effectively mitigate the pests associated with fresh 
Hass avocado fruit imports from Guatemala into the United States. The 
commenters provided no scientifically based evidence contradicting our 
determinations of the efficacy of the systems approach. Therefore, we 
disagree that mandatory quarantine or fumigation are necessary for 
avocados from Guatemala imported under the systems approach.
    Multiple comments questioned the efficacy of a systems approach by 
claiming that, in the past, pests, including those unknown at the time, 
such as persea mite and avocado thrips, have come to California from 
Mexico and South America despite the

[[Page 88713]]

mitigation measures of similar systems approaches being in place.
    APHIS has found no evidence to support the contention that persea 
mite and avocado thrips were introduced to California via the 
commercial fruit pathway. APHIS has had no recorded interceptions of 
these pests in commercial shipments at U.S. ports of entry from Central 
and South America in the past 30 years. We are not aware of any 
scientific evidence linking persea mite, avocado thrips, or other 
established avocado pests entering the United States via the commercial 
avocado pathway from Mexico or other trading partners. The commenters 
provided no scientifically based evidence to the contrary.
    As a signatory to the World Trade Organization's Agreement on 
Sanitary and Phytosanitary Measures (SPS Agreement), the United States 
has agreed that any prohibitions it places on the importation of fruits 
and vegetables will be based on scientific evidence. The purpose of the 
pest risk assessment is to identify, based on scientific evidence, 
those pests that are known to feed on Hass avocado and that occur in 
Guatemala; we cannot address unknown pest risk in the pest risk 
assessment. That being said, all consignments of avocado fruit from 
Guatemala will be subject to inspection by U.S. Customs and Border 
Protection (CBP) at the United States port of entry. If consignments 
are determined to be infested by quarantine pests, even if the 
quarantine pest was previously unknown, the consignments will be 
subject to appropriate remedial measures to address the plant pest 
risk, and APHIS will evaluate whether remedial measures are warranted 
for the export program itself. APHIS also continuously monitors foreign 
countries for quarantine pests. If a previously unknown quarantine pest 
relevant to the importation of avocados from Guatemala arises in the 
future, APHIS will reassess the associated pest risk and, if we 
determine that phytosanitary measures outlined in the RMD would not 
provide an adequate level of phytosanitary protection, revise the 
import restrictions accordingly.
    One commenter requested that we limit the importation of avocados 
from Guatemala to the east coast and Midwest regions of the United 
States.
    The pest risk assessment analyzed the pest risk associated with the 
importation of avocados from Guatemala into the entire United States. 
We have determined that the systems approach outlined in the RMD will 
effectively mitigate the quarantine pests associated with fresh Hass 
avocado fruit imports from Guatemala to the entire United States. Due 
to this determination, we do not believe that restricting imports to 
certain parts of the United States is warranted.
    Multiple comments expressed concern regarding the ability to trust 
the NPPO of Guatemala to fulfil its obligations under the RMD. Many of 
these comments suggested that APHIS provide inspection oversight.
    Like the United States, Guatemala is a signatory to the SPS 
Agreement. As such, it has agreed to respect the phytosanitary measures 
the United States imposes on the importation of plants and plant 
products from Guatemala when the United States demonstrates the need to 
impose these measures in order to protect plant health within the 
United States. APHIS and the NPPO of Guatemala have previously 
developed and executed successful bilateral programs for the 
importation of fruits and vegetables into the United States, such as 
programs for the importation of mango and tomato fruits. The success of 
these programs indicates that the NPPO of Guatemala is capable of 
fulfilling its obligations under such programs.
    The systems approach outlined in the RMD will, however, use a 
``trust but verify'' approach to ensure compliance. While the NPPO of 
Guatemala will be principally responsible for providing oversight, 
APHIS may monitor activities at critical control points, such as places 
of production, packinghouses, as well as recordkeeping, as needed. 
Additionally, all consignments of avocado fruit from Guatemala will be 
subject to inspection by CBP at the United States port of entry.
    If APHIS or the NPPO identify evidence of failure to adhere to the 
systems approach, corrective action will immediately occur, which 
includes the possibility of suspending the importation of further 
avocados under the systems approach until remedial measures acceptable 
to APHIS are taken. We consider this potential consequence sufficient 
incentive for the NPPO to monitor the systems approach program in 
Guatemala.
    A commenter stated that the NPPO of Guatemala should explain how it 
will monitor and audit avocado groves.
    The commenter appeared to assume that the NPPO of Guatemala would 
be solely responsible for establishing the monitoring and auditing 
protocols for registered avocado groves under the terms of the systems 
approach. This is incorrect. The RMD requires APHIS and the NPPO of 
Guatemala to jointly develop an operational workplan (OWP) that further 
details the activities and responsibilities that the NPPO of Guatemala 
will carry out to meet the requirements of the systems approach. This 
OWP will include details of the NPPO's responsibilities regarding 
monitoring and auditing groves. Moreover, as stated in the RMD, APHIS 
will also be involved in the implementation, monitoring, and 
supervising of the systems approach, and may monitor places of 
production if we deem it necessary.
    Several commenters asked for more details about what will be 
required of pest-free places of production, such as the nature of the 
surveys required. The commenters noted that our initial RMD indicated 
that contiguous orchards and properties around registered places of 
production must be surveyed semiannually for a period of at least 5 
years and found to be free of certain listed moth and weevil avocado 
pests. The commenters stated that ``survey semiannually'' should be 
more defined as no less than every 6 months, and that at least one 
survey should be required within a specified time relative to harvest, 
such as 1 month prior to harvest, to help understand the pest presence.
    While the semiannual surveys will, by definition, be conducted 
twice yearly, the interval between surveys, as well as the details 
regarding the surveys, will be contained in the OWP. Reserving such 
details for the OWP allows APHIS to adapt to operational realities by, 
e.g., lengthening or shortening the duration between surveys, within 
the parameters and strictures set forth by the RMD. Thus, APHIS 
determined that a change to the initial RMD was not warranted to 
address these comments.
    Several commenters asked us to add more detail in the packinghouse 
inspection requirements in the RMD. The commenters stated that we 
should define the portion of avocados to be inspected as a specific 
number of fruit or a percentage of fruit per a clearly defined unit.
    The commenters appear to assume an inspection protocol in which a 
set number per unit is inspected. APHIS will, instead, require 
biometric sampling of the lots at the packinghouse. Biometric sampling 
is a statistically validated approach that allows varying rates per 
unit to be inspected from unit to unit, provided that the overall rate 
of inspection is sufficient to support pest freedom of the entire lot 
with a specified confidence level. APHIS frequently uses biometric 
sampling for inspection protocols within systems approaches. 
Packinghouse inspection details will be contained in the OWP. Reserving 
such

[[Page 88714]]

details for the OWP allows APHIS to adapt to operational realities 
within the parameters and strictures set forth by the RMD. Thus, APHIS 
determined that a change to the initial RMD was not warranted to 
address these comments.
    In the initial RMD, we stated that, if the NPPO of Guatemala finds 
that a place of production or packinghouse is not complying with the 
requirements of the systems approach, no avocado fruit from the place 
of production or packinghouse will be eligible for export into the 
United States until APHIS and the NPPO of Guatemala investigate and 
implement remedial measures. Several commenters asked us to 
specifically define these ``remedial measures.''
    Remedial measures can include cultural, chemical, and mechanical 
means, such as preharvest application of pesticide or additional 
sanitation requirements. The measures will depend on the pest in 
question and the specific instance of noncompliance. More details about 
possible remedial measures will be included in the OWP, thus, APHIS 
determined that a change to the initial RMD was not warranted to 
address this comment.
    Our initial RMD proposed that all Hass avocado fruit must be dry-
brushed and/or washed and waxed at packinghouse, as this measure was 
taken into consideration as part of the pathway to determine the pest 
list and pest ratings described in the pest risk assessment.
    One commenter stated that the RMD was unclear as to whether waxing 
was a mandatory or optional postharvest treatment. Another commenter 
stated that waxing should not be mandatory, as washing and brushing 
should be sufficient to mitigate risk.
    We agree that waxing should not be mandatory. As noted in the RMD, 
our intent was to require production practices that were considered in 
the pest risk assessment as part of the pathway to determine the pest 
list and pest ratings. However, while the pest risk assessment 
considered the pathway to include the condition that fresh fruit will 
be culled and brushed or washed during post-harvest processing, it did 
not consider the pathway to include the condition of waxing. Because 
waxing was not considered as part of the pathway in the pest risk 
assessment, it does not need to be required within the RMD. The revised 
RMD, which we are publishing alongside this notice, states that all 
Hass avocado fruit must be dry-brushed and/or washed at the 
packinghouse.
    One commenter asked us whether flowers and leaves were considered 
``plant debris'' that must be removed from places of production, as per 
requirement #10 in the RMD. The commenter stated that, in a previous 
OWP, plant debris was limited to fallen fruits and branches eliminated 
during the pruning process.
    The RMD states that all plant litter and fallen Hass avocado fruit 
must be removed from all places of production to remove potential pest 
host material. The definition of plant litter and debris in 7 CFR 
319.56-2 is ``discarded or decaying organic matter; detached leaves, 
twigs, or stems that do not add commercial value to the product.'' 
APHIS is unsure of what country's OWP the commenter is referencing, 
but, for the Guatemala Hass avocado program, the intent of requirement 
#10 is the removal of any discarded or decaying plant material that 
could harbor target pests, which may include flowers and leaves.
    A commenter stated that we should not require culling of fruit with 
aesthetic defects caused by nutritional and environmental conditions or 
by physical means.
    In the initial RMD, requirement #12 stated that all damaged or 
blemished Hass avocado fruit must be culled. We agree with the 
commenter that aesthetic defects do not necessarily constitute a 
phytosanitary risk. We have therefore revised the RMD to remove the 
phrase ``or blemished'' from requirement #12. The revised RMD states 
that all damaged Hass avocado fruit must be culled. Culling damaged 
avocado fruit is a mainstay of commercial crop production, and helps 
ensure pest-free avocado fruit. The RMD uses the word ``damage'' to 
describe damage to the fruit caused by the pest species referenced in 
the pest risk assessment.
    Several comments expressed concern about and requested that we 
address the prospect of illegal deforestation connected with imports of 
avocados from Guatemala. One of these comments cited a letter signed by 
several Senators regarding purported problems with avocado production 
in Mexico. Two comments suggested that the RMD include provisions for 
Guatemalan orchards to follow Guatemalan environmental and labor law.
    As a signatory to the SPS Agreement, the United States has agreed 
that any prohibitions it places on the importation of fruits and 
vegetables will be based on scientific evidence. The provisions of the 
RMD are therefore limited to restrictions based on the pest risks 
identified in the pest risk assessment.
    The letter cited by a commenter discusses concerns with avocados 
produced on illegally deforested land in Mexico. The commenter does not 
provide evidence indicating that avocados are produced on illegally 
deforested land in Guatemala.
    Two comments expressed discontent with the Hass Avocado Board, with 
one of these comments suggesting specific reforms.
    The Hass Avocado Board is under the oversight of the USDA's 
Agricultural Marketing Service; APHIS is not involved in this oversight 
role. We are unable to respond to the commenter's concerns regarding 
the Hass Avocado Board, as they are not within APHIS' purview and 
outside of the scope of this notice.
    One commenter stated that APHIS did not review the economic 
ramifications of allowing imports of avocados from Guatemala.
    The commenter is incorrect that APHIS did not assess the potential 
economic impacts on domestic producers and consumers of allowing 
imports from Guatemala into the United States. The initial notice 
included an EEA, which explained that this action is not expected to 
significantly impact the U.S. avocado market or U.S. entities, as the 
importation of avocado from Guatemala will be in relatively small 
quantities. APHIS received no comments that warranted a change to the 
EEA.
    Multiple comments expressed concern that increased foreign imports 
will force domestic growers out of business.
    We disagree with the commenters. Assuming that Guatemala imports 
the entire anticipated 15,552.8 metric tons of avocados into the United 
States (which is not anticipated until 2030), this would represent only 
1.1 percent of the domestic supply of avocados in the United States in 
2021/2022. Both the results of our economic models, as well as the fact 
that this would be a small portion of total domestic avocado supply, 
suggest that this action would not have a major effect on domestic 
producers.
    One commenter asked us to cap foreign imports of avocados at 
current levels to mitigate oversupply. Conversely, two commenters 
stated they supported our proposal because domestic producers alone are 
unable to meet increasing consumer demand for avocado.
    APHIS only has authority to deny market access on the basis of pest 
and disease risk and not on the basis of competition for domestic 
suppliers. However, we did do an economic analysis of the likely price 
effects and found that this action will likely not have a major impact 
on avocado prices. The quantity is anticipated to account

[[Page 88715]]

for 1.1 percent of domestic supply, some of which may offset other 
imports.
    While the impacts will likely be small in both directions, we agree 
that this notice will have an impact on consumers by increasing the 
supply of avocados.
    Therefore, in accordance with the regulations in Sec.  319.56-4(c), 
we are announcing our decision to authorize the importation into the 
United States of Hass avocados from Guatemala subject to the conditions 
listed in the revised RMD that accompanies this final notice.
    These conditions will be listed in the ACIR database (available at 
https://acir.aphis.usda.gov/s/). In addition to these specific 
measures, Hass avocados from Guatemala 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 recordkeeping and burden requirements associated 
with this action are included under the Office of Management and Budget 
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' Paperwork Reduction Act Coordinator, at (301) 851-
2533.
    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 30th day of October 2024.
Michael Watson,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2024-25667 Filed 11-7-24; 8:45 am]
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