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)
Animal and Plant Health Inspection Service
Federal Register Volume 81, Issue 154 (August 10, 2016)
| Page Range | 52810-52811 | |
| FR Document | 2016-18987 |
[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] ======================================================================== Notices Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. ======================================================================== 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. ----------------------------------------------------------------------- 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: --------------------------------------------------------------------------- \1\ To view the notice, PRA, RMD, and comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0012. ---------------------------------------------------------------------------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
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Notices Federal Register
Vol. 81, No. 154
Wednesday, August 10, 2016
This section of the FEDERAL REGISTER fruits and vegetables that, based on the weed risk associated with the
contains documents other than rules or findings of a pest risk analysis, can be importation of pomegranates from Peru
proposed rules that are applicable to the safely imported subject to one or more into the continental United States.
public. Notices of hearings and investigations, of the designated phytosanitary We agree with the commenter. All
committee meetings, agency decisions and measures listed in paragraph (b) of that four phytosanitary measures identified
rulings, delegations of authority, filing of
petitions and applications and agency
section. above must be applied to the
statements of organization and functions are In accordance with that process, we importation of pomegranates from Peru
examples of documents appearing in this published a notice 1 in the Federal into the continental United States in
section. Register on March 14, 2016 (81 FR order to address plant pest and noxious
13310, Docket No. APHIS–2016–0012), weed risk.
in which we announced the availability, The same commenter stated that
DEPARTMENT OF AGRICULTURE for review and comment, of a pest risk irradiation should have to occur in Peru
assessment (PRA) that identifies pests of or in States where the plant pests of
Animal and Plant Health Inspection quarantine significance that could quarantine significance that we
Service follow the pathway of importation of identified as potentially following the
[Docket No. APHIS–2016–0012] pomegranates from Peru into the pathway of importation of pomegranates
continental United States. Based on the from Peru could not become
Notice of Decision To Authorize the PRA, a risk management document established.
Importation of Fresh Pomegranates (RMD) was prepared to identify We appreciate the commenter’s
From Peru Into the Continental United phytosanitary measures that could be concern regarding irradiation of the
States applied to the pomegranates to mitigate pomegranates in areas of the United
the pest risk. The risk management States where quarantine plant pests that
AGENCY: Animal and Plant Health document recommended the following could potentially follow the pathway of
Inspection Service, USDA. phytosanitary measures be applied to importation of the pomegranates from
ACTION: Notice. the importation of pomegranates from Peru could become established. Indeed,
Peru into the continental United States: our regulations governing the approval
SUMMARY: We are advising the public of • The pomegranates must be of irradiation facilities in the United
our decision to authorize the imported as commercial consignments States, which are found in 7 CFR 305.9,
importation of fresh pomegranates from only; require that, if an irradiation facility is
Peru into the continental United States. • Each consignment of pomegranates located in a State where quarantine
Based on the findings of a pest risk must be accompanied by a pests that are targeted by irradiation
analysis, which we made available for phytosanitary certificate issued by the could become established, then it must
the public to review and comment national plant protection organization take additional safeguards, specified
through a previous notice, we have (NPPO) of Peru; within that section, in order to address
concluded that the application of • Each consignment of pomegranates this pest risk. However, because § 305.9
designated phytosanitary measures will must be treated with irradiation in also allows irradiation treatment for
be sufficient to mitigate the risks of accordance with 7 CFR part 305; and imported commodities to take place
introducing or disseminating plant pests • Each consignment of pomegranates within the United States, and does not
via the importation of fresh is subject to inspection upon arrival at preclude it from taking place in States
pomegranates from Peru. the port of entry to the United States. where establishment of quarantine pests
DATES: Effective August 10, 2016. We solicited comments on the PRA is possible, we cannot grant the
FOR FURTHER INFORMATION CONTACT: Mr. and RMD for 60 days, ending on May commenter’s request.
David B. Lamb, Senior Regulatory 13, 2016. We received eight comments Therefore, in accordance with
Policy Specialist, PPQ, APHIS, USDA, by that date, from an organization of § 319.56–4(c)(2)(ii), we are announcing
4700 River Road Unit 133, Riverdale, State plant regulatory agencies, our decision to authorize the
MD 20737–1236; (301) 851–2103; email: importers, the Peruvian Government, a importation of pomegranates from Peru
David.B.Lamb@aphis.usda.gov. U.S. port of entry, and private citizens. into the continental United States
Seven of the commenters supported
SUPPLEMENTARY INFORMATION: Under the subject to the following phytosanitary
the importation of fresh pomegranates
regulations in ‘‘Subpart–Fruits and measures:
from Peru into the continental United
Vegetables’’ (7 CFR 319.56–1 through • The pomegranates must be
States.
319.56–75, referred to below as the imported as commercial consignments
One commenter interpreted our notice
regulations), the Animal and Plant only;
as a proposal to authorize the
Health Inspection Service (APHIS) • Each consignment of pomegranates
importation of pomegranates from Peru
prohibits or restricts the importation of must be accompanied by a
subject to any of the four phytosanitary
fruits and vegetables into the United phytosanitary certificate issued by the
mstockstill on DSK3G9T082PROD with NOTICES
measures recommended by the RMD.
States from certain parts of the world to NPPO of Peru;
The commenter suggested the measures
prevent plant pests from being • Each consignment of pomegranates
need to be jointly applied in order to
introduced into or disseminated within must be treated with irradiation in
mitigate the plant pest and noxious
the United States. accordance with 7 CFR part 305; and
Section 319.56–4 contains a 1 To view the notice, PRA, RMD, and comments • Each consignment of pomegranates
performance-based process for we received, go to http://www.regulations.gov/ is subject to inspection upon arrival at
approving the importation of certain #!docketDetail;D=APHIS-2016-0012. the port of entry to the United States.
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![Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices 52811
These conditions will be listed in the categories are defined in § 92.1. Any cattle) present a particular risk for
Fruits and Vegetables Import region that is not classified by APHIS as misfeeding.
Requirements database (available at presenting either negligible risk or The other commenter stated that the
http://www.aphis.usda.gov/favir/). In controlled risk for BSE is considered to United States does not recognize all the
addition to these specific measures, present an undetermined risk. The list OIE’s risk designations for BSE, noting
pomegranates from Peru will be subject of those regions classified by APHIS as that the United States still considers
to the general requirements listed in having either negligible risk or several countries as controlled risk
§ 319.56–3 that are applicable to the controlled risk can be accessed on the regions though the OIE has classified
importation of all fruits and vegetables. APHIS Web site at https:// them as negligible risk.
Authority: 7 U.S.C. 450, 7701–7772, and www.aphis.usda.gov/aphis/ourfocus/ As we explained above, § 92.5 of the
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR animalhealth/animal-and-animal- regulations provides two ways that
2.22, 2.80, and 371.3. product-import-information/ct_animal_ APHIS may classify a region for BSE.
Done in Washington, DC, this 4th day of
disease_status. The list can also be One way is for countries that have not
August, 2016. obtained by writing to APHIS at received a risk classification from the
Kevin Shea,
National Import Export Services, 4700 OIE to request classification by APHIS.
River Road Unit 38, Riverdale, MD The other way is for APHIS to concur
Administrator, Animal and Plant Health
Inspection Service.
20737. with the classification given to a
Under the regulations, APHIS may country by the OIE. If the OIE has
[FR Doc. 2016–18987 Filed 8–9–16; 8:45 am]
classify a region for BSE in one of two recognized a country as either BSE
BILLING CODE 3410–34–P
ways. One way is for countries that have negligible risk or BSE controlled risk,
not received a risk classification from APHIS will seek information to support
the World Organization for Animal our concurrence with the OIE
DEPARTMENT OF AGRICULTURE
Health (OIE) to request classification by classification. This information may be
Animal and Plant Health Inspection APHIS. The other way is for APHIS to publicly available information, or
Service concur with the classification given to a APHIS may request that countries
country by the OIE. supply the same information given to
[Docket No. APHIS–2015–0055] If the OIE has recognized a country as the OIE.
either BSE negligible risk or BSE The length of APHIS’s review of
Concurrence With OIE Risk controlled risk, APHIS will seek
Designations for Bovine Spongiform information in support of concurrence
information to support our concurrence depends on a number of factors,
Encephalopathy with the OIE classification. This including whether the information is
AGENCY: Animal and Plant Health information may be publicly available publicly available, and, if it is not
Inspection Service, USDA. information, or APHIS may request that publicly available, how quickly a
ACTION: Notice. countries supply the same information country responds to our request for
given to the OIE. APHIS will announce information. This notice updates
SUMMARY: We are advising the public of in the Federal Register, subject to APHIS’ list of regions recognized as
our decision to concur with the World public comment, its intent to concur negligible risk for BSE to include all the
Organization for Animal Health’s (OIE) with an OIE classification. regions for which we have been able to
bovine spongiform encephalopathy In accordance with that process, we review information. We intend to
(BSE) risk designations for 14 regions. published a notice 1 in the Federal announce concurrence with additional
The OIE recognizes these regions as Register on December 4, 2015 (80 FR countries recognized by the OIE in a
being of negligible risk for BSE. We are 75849, Docket No. APHIS–2015–0055), future notice.
taking this action based on our review in which we announced our intent to One commenter noted that while the
of information supporting the OIE’s risk concur with the OIE risk designations OIE guidelines call for removal of
designations for these regions. for 16 regions. The OIE recognizes these specified risk materials (SRMs) from
FOR FURTHER INFORMATION CONTACT: Dr. regions as being of negligible risk for animals older than 30 months of age,
Roberta Morales, Senior Staff BSE. We solicited comments on the our regulations require the removal of
Veterinarian, Regionalization Evaluation notice for 60 days ending on February SRMs from animals 30 months of age or
Services, National Import Export 2, 2016. We received two comments by older. The commenter stated that while
Services, VS, APHIS, 920 Main Campus that date, from a private citizen and a this is not a significant difference from
Drive, Suite 200, Raleigh, NC 27606; representative of a foreign government. an epidemiological perspective, it
(919) 855–7735. One commenter stated that if a creates a major problem for certification
product is being imported only for use through the veterinary services of
SUPPLEMENTARY INFORMATION: The
in pet food, then the BSE risk status of exporting countries and presents a
regulations in 9 CFR part 92 subpart B,
the exporting region should not be an barrier to trade.
‘‘Importation of Animals and Animal
issue.
Products; Procedures for Requesting APHIS notes that the wording ‘‘30
We disagree that bovine products
BSE Risk Status Classification With months of age or older’’ is consistent
imported for use in pet food do not pose
Regard to Bovines’’ (referred to below as with Food Safety and Inspection Service
a risk for introducing or spreading BSE
the regulations), set forth the process by (FSIS) and U.S. Food and Drug
in the United States. It is possible that
which the Animal and Plant Health Administration (FDA) regulations as
pet foods could be used for cattle feed,
Inspection Service (APHIS) classifies well as with Canadian regulations. We
mstockstill on DSK3G9T082PROD with NOTICES
either by accidental misfeeding of pet
regions for bovine spongiform also note that anyone wishing to import
foods to cattle or by misusing salvage
encephalopathy (BSE) risk. Section 92.5 bovine products into the United States
pet food for cattle. Farms that raise
of the regulations provides that all must also meet FSIS or FDA
multiple species (e.g. dogs, swine, and
countries of the world are considered by requirements as well as APHIS
APHIS to be in one of three BSE risk 1 To view the notice and the comments we requirements. We do not anticipate that
categories: Negligible risk, controlled received, go to http://www.regulations.gov/ this difference will have a significant
risk, or undetermined risk. These risk #!docketDetail;D=APHIS-2015-0055. impact on trade.
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Document Created: 2016-08-10 01:59:16
Document Modified: 2016-08-10 01:59:16
| 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 | Notices | |
| Action | Notice. | |
| Dates | Effective August 10, 2016. | |
| 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] | |
| FR Citation | 81 FR 52810 |
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