81 FR 52810 - Notice of Decision To Authorize the Importation of Fresh Pomegranates From Peru Into the Continental United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 81, Issue 154 (August 10, 2016)

We are advising the public of our decision to authorize the importation of fresh pomegranates from Peru into the continental United States. Based on the findings of a pest risk analysis, which we made available for the public to review and comment through a previous notice, we have concluded that the application of designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests via the importation of fresh pomegranates from Peru.

[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52810-52811]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18987]


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                                                Federal Register
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Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / 
Notices

[[Page 52810]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2016-0012]


Notice of Decision To Authorize the Importation of Fresh 
Pomegranates From Peru 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 of fresh pomegranates from Peru into the continental United 
States. Based on the findings of a pest risk analysis, which we made 
available for the public to review and comment through a previous 
notice, we have concluded that the application of designated 
phytosanitary measures will be sufficient to mitigate the risks of 
introducing or disseminating plant pests via the importation of fresh 
pomegranates from Peru.

DATES: Effective August 10, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. David B. Lamb, Senior Regulatory 
Policy Specialist, PPQ, APHIS, USDA, 4700 River Road Unit 133, 
Riverdale, MD 20737-1236; (301) 851-2103; email: 
[email protected].

SUPPLEMENTARY INFORMATION: Under the regulations in ``Subpart-Fruits 
and Vegetables'' (7 CFR 319.56-1 through 319.56-75, 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 or disseminated within the United 
States.
    Section 319.56-4 contains a performance-based process for approving 
the importation of certain fruits and vegetables that, based on the 
findings of a pest risk analysis, can be safely imported subject to one 
or more of the designated phytosanitary measures listed in paragraph 
(b) of that section.
    In accordance with that process, we published a notice \1\ in the 
Federal Register on March 14, 2016 (81 FR 13310, Docket No. APHIS-2016-
0012), in which we announced the availability, for review and comment, 
of a pest risk assessment (PRA) that identifies pests of quarantine 
significance that could follow the pathway of importation of 
pomegranates from Peru into the continental United States. Based on the 
PRA, a risk management document (RMD) was prepared to identify 
phytosanitary measures that could be applied to the pomegranates to 
mitigate the pest risk. The risk management document recommended the 
following phytosanitary measures be applied to the importation of 
pomegranates from Peru into the continental United States:
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    \1\ To view the notice, PRA, RMD, and comments we received, go 
to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0012.
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     The pomegranates must be imported as commercial 
consignments only;
     Each consignment of pomegranates must be accompanied by a 
phytosanitary certificate issued by the national plant protection 
organization (NPPO) of Peru;
     Each consignment of pomegranates must be treated with 
irradiation in accordance with 7 CFR part 305; and
     Each consignment of pomegranates is subject to inspection 
upon arrival at the port of entry to the United States.
    We solicited comments on the PRA and RMD for 60 days, ending on May 
13, 2016. We received eight comments by that date, from an organization 
of State plant regulatory agencies, importers, the Peruvian Government, 
a U.S. port of entry, and private citizens.
    Seven of the commenters supported the importation of fresh 
pomegranates from Peru into the continental United States.
    One commenter interpreted our notice as a proposal to authorize the 
importation of pomegranates from Peru subject to any of the four 
phytosanitary measures recommended by the RMD. The commenter suggested 
the measures need to be jointly applied in order to mitigate the plant 
pest and noxious weed risk associated with the importation of 
pomegranates from Peru into the continental United States.
    We agree with the commenter. All four phytosanitary measures 
identified above must be applied to the importation of pomegranates 
from Peru into the continental United States in order to address plant 
pest and noxious weed risk.
    The same commenter stated that irradiation should have to occur in 
Peru or in States where the plant pests of quarantine significance that 
we identified as potentially following the pathway of importation of 
pomegranates from Peru could not become established.
    We appreciate the commenter's concern regarding irradiation of the 
pomegranates in areas of the United States where quarantine plant pests 
that could potentially follow the pathway of importation of the 
pomegranates from Peru could become established. Indeed, our 
regulations governing the approval of irradiation facilities in the 
United States, which are found in 7 CFR 305.9, require that, if an 
irradiation facility is located in a State where quarantine pests that 
are targeted by irradiation could become established, then it must take 
additional safeguards, specified within that section, in order to 
address this pest risk. However, because Sec.  305.9 also allows 
irradiation treatment for imported commodities to take place within the 
United States, and does not preclude it from taking place in States 
where establishment of quarantine pests is possible, we cannot grant 
the commenter's request.
    Therefore, in accordance with Sec.  319.56-4(c)(2)(ii), we are 
announcing our decision to authorize the importation of pomegranates 
from Peru into the continental United States subject to the following 
phytosanitary measures:
     The pomegranates must be imported as commercial 
consignments only;
     Each consignment of pomegranates must be accompanied by a 
phytosanitary certificate issued by the NPPO of Peru;
     Each consignment of pomegranates must be treated with 
irradiation in accordance with 7 CFR part 305; and
     Each consignment of pomegranates is subject to inspection 
upon arrival at the port of entry to the United States.

[[Page 52811]]

    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, pomegranates from Peru 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 4th day of August, 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-18987 Filed 8-9-16; 8:45 am]
 BILLING CODE 3410-34-P