81_FR_52966 81 FR 52812 - Notice of Decision To Authorize the Importation of Fresh Figs From Peru Into the Continental United States

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)

Page Range52812-52813
FR Document2016-18990

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 Issue 154 (Wednesday, August 10, 2016)
[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



                                                  52812                      Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices

                                                     In the December 2015 notice, we                      importation of fresh figs (Ficus carica)                 • Each consignment of figs must be
                                                  mistakenly announced our intent to                      from Peru into the continental United                 accompanied by a phytosanitary
                                                  recognize Romania as a region of                        States. Based on the findings of a pest               certificate issued by the national plant
                                                  negligible risk for BSE. In December                    risk analysis, which we made available                protection organization (NPPO) of Peru;
                                                  2014, the OIE suspended Romania’s                       for the public to review and comment                     • Each consignment of figs must be
                                                  status as a negligible risk region because              through a previous notice, we have                    treated in accordance with 7 CFR part
                                                  Romania reported a case of atypical                     concluded that the application of                     305; and
                                                  BSE. Since then, the OIE has announced                  designated phytosanitary measures will                   • Each consignment of figs is subject
                                                  its intent to reinstate Romania’s status                be sufficient to mitigate the risks of                to inspection upon arrival at the port of
                                                  as a region of negligible risk for BSE. We              introducing or disseminating plant pests              entry to the United States.
                                                  will be seeking information to verify                   via the importation of fresh figs from                   We solicited comments on the PRA
                                                  Romania’s status and will announce our                  Peru.                                                 and RMD for 60 days, ending on May
                                                  intent to concur with the OIE’s                                                                               13, 2016. We received four comments by
                                                                                                          DATES:   Effective August 10, 2016.
                                                  designation in a future notice.                                                                               that date, from a State department of
                                                     Also in the December 2015 notice, we                 FOR FURTHER INFORMATION CONTACT:      Ms.
                                                                                                                                                                agriculture, the Peruvian Government,
                                                  announced our intent to recognize                       Claudia Ferguson, Senior Regulatory
                                                                                                                                                                the Peruvian embassy, and a U.S. port
                                                  France as a region of negligible risk for               Policy Specialist, Regulatory
                                                                                                                                                                of entry.
                                                  BSE in concurrence with the OIE. Since                  Coordination and Compliance, Imports,
                                                                                                          Regulations, and Manuals, PPQ, APHIS,                    Three of the commenters supported
                                                  then, France has confirmed a case of                                                                          the importation of fresh figs from Peru
                                                  classical BSE in a 5-year-old cow.                      4700 River Road, Unit 133, Riverdale,
                                                                                                          MD 20737–1231; (301) 851–2352;                        into the continental United States.
                                                  Accordingly, the OIE has suspended                                                                               One commenter pointed out that the
                                                  France’s status as a region of negligible               Claudia.Ferguson@aphis.usda.gov.
                                                                                                                                                                notice would allow figs from Peru to be
                                                  risk for BSE and reinstated its status as               SUPPLEMENTARY INFORMATION: Under the
                                                                                                                                                                irradiated in the United States. The
                                                  a region of controlled risk effective                   regulations in ‘‘Subpart–Fruits and                   commenter expressed concern that this
                                                  March 25, 2016. For this reason we have                 Vegetables’’ (7 CFR 319.56–1 through                  could present a risk of introducing
                                                  removed France from the list of regions                 319.56–75, referred to below as the                   quarantine pests that could follow the
                                                  of negligible risk for BSE in this                      regulations), the Animal and Plant                    pathway of figs from Peru into the
                                                  document. We will continue to                           Health Inspection Service (APHIS)                     United States, and that such
                                                  recognize France as a region of                         prohibits or restricts the importation of             introduction would present a significant
                                                  controlled risk for BSE.                                fruits and vegetables into the United                 risk to States in which the pests could
                                                     Therefore, in accordance with the                    States from certain parts of the world to             become established. For this reason, the
                                                  regulations in § 92.5, we are announcing                prevent plant pests from being                        commenter stated that irradiation
                                                  our decision to concur with the OIE risk                introduced into or disseminated within                should either have to take place in Peru
                                                  classifications of the following                        the United States.                                    or in areas of the United States north of
                                                  countries:                                                 Section 319.56–4 contains a
                                                                                                                                                                the 39th parallel, in which the pests
                                                     • Regions of negligible risk for BSE:                performance-based process for
                                                                                                                                                                could not become established.
                                                  Bulgaria, Cyprus, Czech Republic,                       approving the importation of certain
                                                                                                                                                                   We appreciate the commenter’s
                                                  Estonia, Hungary, India, Korea                          fruits and vegetables that, based on the
                                                                                                                                                                concern regarding irradiation of the figs
                                                  (Republic of), Latvia, Liechtenstein,                   findings of a pest risk analysis, can be
                                                                                                                                                                in areas of the United States where
                                                  Luxembourg, Malta, Portugal, Slovakia,                  safely imported subject to one or more
                                                                                                                                                                quarantine plant pests that could
                                                  and Switzerland.                                        of the designated phytosanitary
                                                                                                                                                                potentially follow the pathway of
                                                    Authority: 7 U.S.C. 1622 and 8301–8317;               measures listed in paragraph (b) of that
                                                                                                                                                                importation of the figs from Peru could
                                                  21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7               section.
                                                                                                                                                                become established. Indeed, our
                                                  CFR 2.22, 2.80, and 371.4.                                 In accordance with that process, we
                                                                                                                                                                regulations governing the approval of
                                                    Done in Washington, DC, this 4th day of               published a notice 1 in the Federal
                                                                                                                                                                irradiation facilities in the United
                                                  August, 2016.                                           Register on March 14, 2016 (81 FR
                                                                                                                                                                States, which are found in 7 CFR 305.9,
                                                  Kevin Shea,                                             13310–13311, Docket No. APHIS–2016–
                                                                                                                                                                require that, if an irradiation facility is
                                                  Administrator, Animal and Plant Health                  0011), in which we announced the
                                                                                                                                                                located in a State where quarantine
                                                  Inspection Service.                                     availability, for review and comment, of
                                                                                                                                                                pests that are targeted by irradiation
                                                                                                          a pest risk assessment (PRA) that
                                                  [FR Doc. 2016–18985 Filed 8–9–16; 8:45 am]                                                                    could become established, then it must
                                                                                                          identifies pests of quarantine
                                                  BILLING CODE 3410–34–P                                                                                        take additional safeguards, specified
                                                                                                          significance that could follow the
                                                                                                                                                                within that section, in order to address
                                                                                                          pathway of importation of figs from
                                                                                                                                                                this pest risk. However, because § 305.9
                                                  DEPARTMENT OF AGRICULTURE                               Peru into the continental United States.
                                                                                                                                                                also allows irradiation treatment for
                                                                                                          Based on the PRA, a risk management
                                                                                                                                                                imported commodities to take place
                                                  Animal and Plant Health Inspection                      document (RMD) was prepared to
                                                                                                                                                                within the United States, and does not
                                                  Service                                                 identify phytosanitary measures that
                                                                                                                                                                preclude it from taking place in States
                                                                                                          could be applied to the figs to mitigate
                                                  [Docket No. APHIS–2016–0011]                                                                                  where establishment of quarantine pests
                                                                                                          the pest risk. The RMD recommended
                                                                                                                                                                is possible, such as areas south of the
                                                  Notice of Decision To Authorize the                     that all of the following phytosanitary
                                                                                                                                                                39th parallel, we cannot grant the
                                                  Importation of Fresh Figs From Peru                     measures be applied to the importation
                                                                                                                                                                commenter’s request.
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                                                  Into the Continental United States                      of figs from Peru into the continental
                                                                                                                                                                   Therefore, in accordance with
                                                                                                          United States:
                                                                                                                                                                § 319.56–4(c)(2)(ii), we are announcing
                                                  AGENCY:  Animal and Plant Health                           • The figs must be imported as
                                                  Inspection Service, USDA.                                                                                     our decision to authorize the
                                                                                                          commercial consignments only;
                                                  ACTION: Notice.
                                                                                                                                                                importation of figs from Peru into the
                                                                                                            1 To view the notice, PRA, RMD, and comments        continental United States subject to all
                                                  SUMMARY:  We are advising the public of                 we received, go to http://www.regulations.gov/        of the following phytosanitary
                                                  our decision to authorize the                           #!docketDetail;D=APHIS-2016-0011.                     measures:


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                                                                             Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices                                         52813

                                                     • The figs must be imported as                       ADDRESSES:    Comments are invited on:                which allotments would be reduced if
                                                  commercial consignments only;                           (a) Whether the proposed collection of                necessary. While benefit reductions
                                                     • Each consignment of figs must be                   information is necessary for the proper               have never been ordered in the past
                                                  accompanied by a phytosanitary                          performance of the functions of the                   under section 18(b) nor are they
                                                  certificate issued by the NPPO of Peru;                 agency, including whether the                         anticipated based on current data, the
                                                     • Each consignment of figs must be                   information shall have practical utility;             Department must continue to monitor
                                                  treated in accordance with 7 CFR part                   (b) the accuracy of the agency’s estimate             actual program costs against the
                                                  305; and                                                of the burden of the proposed collection              appropriation. The reporting burden for
                                                     • Each consignment of figs is subject                of information including the validity of              forms FNS–388 and FNS–388A was
                                                  to inspection upon arrival at the port of               the methodology and assumptions used;                 merged in 2015 with the burden for the
                                                  entry to the United States.                             (c) ways to enhance the quality, utility,             Food Programs Reporting System (OMB
                                                     These conditions will be listed in the               and clarity of the information to be                  control number 0584–0594, expiration
                                                  Fruits and Vegetables Import                            collected; and (d) ways to minimize the               date June 30, 2019). This 60-day notice
                                                  Requirements database (available at                     burden of the collection of information               serves to renew the recordkeeping
                                                  http://www.aphis.usda.gov/favir/). In                   on those who are to respond, including                burden only for these two forms.
                                                  addition to these specific measures, figs               use of appropriate automated,                            Section 11(e)(12) of the Food and
                                                  from Peru will be subject to the general                electronic, mechanical, or other                      Nutrition Act, 7 U.S.C. 2020 (e)(12),
                                                  requirements listed in § 319.56–3 that                  technological collection techniques or                requires that the State Plan of
                                                  are applicable to the importation of all                other forms of information technology.                Operations provide for the submission
                                                  fruits and vegetables.                                     Comments may be sent to Jane                       of reports required by the Secretary of
                                                    Authority: 7 U.S.C. 450, 7701–7772, and               Duffield, Chief, State Administration                 Agriculture. State agencies are required
                                                  7781–7786; 21 U.S.C. 136 and 136a; 7 CFR                Branch, Supplemental Nutrition                        to report on a monthly basis on the
                                                  2.22, 2.80, and 371.3.                                  Assistance Program, Food and Nutrition                FNS–388, State Issuance and
                                                    Done in Washington, DC, this 4th day of               Service, U.S. Department of Agriculture,              Participation Estimates, estimated or
                                                  August, 2016.                                           3101 Park Center Drive, Room 818,                     actual issuance and participation data
                                                  Kevin Shea,                                             Alexandria, VA 22302. Comments may                    for the current month and previous
                                                                                                          also be submitted via email to                        month, and actual participation data for
                                                  Administrator, Animal and Plant Health
                                                                                                          SNAPSAB@fns.usda.gov. Comments                        the second preceding month. The FNS–
                                                  Inspection Service.
                                                                                                          will also be accepted through the federal             388 report provides the necessary data
                                                  [FR Doc. 2016–18990 Filed 8–9–16; 8:45 am]
                                                                                                          eRulemaking Portal. Go to http://                     for an early warning system to enable
                                                  BILLING CODE 3410–34–P
                                                                                                          www.regulations.gov, and follow the                   the Department to monitor actual and
                                                                                                          online instructions for submitting                    estimated costs for all benefit types
                                                                                                          comments electronically.                              against the appropriation.
                                                  DEPARTMENT OF AGRICULTURE                                                                                        Disaster SNAP is authorized by
                                                                                                             All responses to this notice will be
                                                  Food and Nutrition Service                              summarized and included in the request                sections 402 and 502 of the Robert T.
                                                                                                          for Office of Management and Budget                   Stafford Disaster Relief and Emergency
                                                  Agency Information Collection                                                                                 Assistance Act (42 U.S.C. 5121 et seq.)
                                                                                                          approval. All comments will become a
                                                  Activities: Proposed Collection;                                                                              and the temporary emergency
                                                                                                          matter of public record.
                                                  Comment Request—Supplemental                                                                                  provisions contained in Section 5 of the
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      Food and Nutrition Act of 2008, and in
                                                  Nutrition Assistance Program: State                     Requests for additional information or
                                                  Issuance and Participation Estimates—                                                                         7 CFR part 280 of the SNAP regulations.
                                                                                                          copies of this information collection                 State agencies may request FNS
                                                  Recordkeeping for Forms FNS–388                         should be directed to Ralph Badette at
                                                  and FNS–388A                                                                                                  approval to operate a Disaster SNAP in
                                                                                                          703–457–7717.                                         an area that has received a Presidential
                                                  AGENCY: Food and Nutrition Service                      SUPPLEMENTARY INFORMATION:                            declaration as a Major Disaster area
                                                  (FNS), USDA.                                               Title: State Issuance and Participation            eligible for Individual Assistance. In
                                                  ACTION: Notice.                                         Estimates.                                            accordance with 7 CFR 274.4, State
                                                                                                             Form Number: FNS–388 and FNS–                      agencies shall keep records and report
                                                  SUMMARY:   In accordance with the                       388A.                                                 SNAP participation and issuance totals
                                                  Paperwork Reduction Act of 1995, the                       OMB Number: 0584–0081.                             to FNS.
                                                  Food and Nutrition Service (FNS) is                        Expiration Date: July 31, 2016.                       State agencies in general only submit
                                                  publishing for public comment a                            Type of Request: Revision of a                     one statewide FNS–388 per month,
                                                  summary of a proposed information                       currently approved collection.                        which covers benefits from their
                                                  collection. This is a revision of a                        Abstract: Section 18(b) of the Food                Electronic Benefit Transfer (EBT)
                                                  currently approved collection for the                   and Nutrition Act, (the Act) 7 U.S.C.                 system. The exception is State agencies
                                                  Supplemental Nutrition Assistance                       2027(b), limits the value of allotments               that choose to operate an approved
                                                  Program (SNAP), the forms FNS–388,                      paid to SNAP households to an amount                  alternative issuance demonstration
                                                  State Issuance and Participation                        not in excess of the appropriation for                project such as a cash-out system submit
                                                  Estimates, and FNS–388A, Project Area                   the fiscal year. If allotments in any fiscal          a separate report for each additional
                                                  Data Format. The reporting burden for                   year would exceed the appropriation,                  type of issuance system. As a result of
                                                  forms FNS–388 and FNS–388A were                         the Secretary of Agriculture is required              the reporting burden for these forms
                                                  merged in 2015 with the burden for the                  to direct State agencies to reduce the                being merged with 0584–0594, the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Food Programs Reporting System (OMB                     value of SNAP allotments to the extent                collective burden will be reduced by
                                                  control number 0584–0594, expiration                    necessary to stay within appropriated                 5,187 hours. The remaining 17.28 hours
                                                  date June 30, 2019). This 60-day notice                 funding limits. Timely State monthly                  represents the State recordkeeping
                                                  serves to renew the recordkeeping                       issuance estimates are necessary for                  burden for these forms. Per 7 CFR
                                                  burden only for these two forms.                        FNS to ensure that it remains within the              272.1(f), State agencies are required to
                                                  DATES: Written comments must be                         appropriation. The estimates will also                retain all records associated with the
                                                  received on or before October 11, 2016.                 have a direct effect upon the manner in               administration of SNAP for no less than


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Document Created: 2016-08-10 01:59:34
Document Modified: 2016-08-10 01:59:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesEffective August 10, 2016.
ContactMs. 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]
FR Citation81 FR 52812 

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