81 FR 52812 - Notice of Decision To Authorize the Importation of Fresh Figs 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 figs (Ficus carica) 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 figs from Peru.

[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52812-52813]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18990]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2016-0011]


Notice of Decision To Authorize the Importation of Fresh Figs 
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 figs (Ficus carica) 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 
figs from Peru.

DATES: Effective August 10, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
Imports, Regulations, and Manuals, PPQ, APHIS, 4700 River Road, Unit 
133, Riverdale, MD 20737-1231; (301) 851-2352; 
[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 13310-13311, Docket No. 
APHIS-2016-0011), 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 
figs 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 figs to mitigate the pest risk. 
The RMD recommended that all of the following phytosanitary measures be 
applied to the importation of figs 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-2016-0011.
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     The figs must be imported as commercial consignments only;
     Each consignment of figs must be accompanied by a 
phytosanitary certificate issued by the national plant protection 
organization (NPPO) of Peru;
     Each consignment of figs must be treated in accordance 
with 7 CFR part 305; and
     Each consignment of figs 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 four comments by that date, from a State 
department of agriculture, the Peruvian Government, the Peruvian 
embassy, and a U.S. port of entry.
    Three of the commenters supported the importation of fresh figs 
from Peru into the continental United States.
    One commenter pointed out that the notice would allow figs from 
Peru to be irradiated in the United States. The commenter expressed 
concern that this could present a risk of introducing quarantine pests 
that could follow the pathway of figs from Peru into the United States, 
and that such introduction would present a significant risk to States 
in which the pests could become established. For this reason, the 
commenter stated that irradiation should either have to take place in 
Peru or in areas of the United States north of the 39th parallel, in 
which the pests could not become established.
    We appreciate the commenter's concern regarding irradiation of the 
figs in areas of the United States where quarantine plant pests that 
could potentially follow the pathway of importation of the figs 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, such as areas south of 
the 39th parallel, 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 figs from Peru 
into the continental United States subject to all of the following 
phytosanitary measures:

[[Page 52813]]

     The figs must be imported as commercial consignments only;
     Each consignment of figs must be accompanied by a 
phytosanitary certificate issued by the NPPO of Peru;
     Each consignment of figs must be treated in accordance 
with 7 CFR part 305; and
     Each consignment of figs is subject to inspection upon 
arrival at the port of entry to the United States.
    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, figs 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. 2016-18990 Filed 8-9-16; 8:45 am]
 BILLING CODE 3410-34-P