82 FR 6483 - Notice of Decision To Authorize the Importation of Fresh Star Apple Fruit From Vietnam Into the Continental United States
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service Federal Register Volume 82, Issue 12 (January 19, 2017)
Animal and Plant Health Inspection Service
Federal Register Volume 82, Issue 12 (January 19, 2017)
| Page Range | 6483-6483 | |
| FR Document | 2017-01267 |
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)] [Notices] [Page 6483] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-01267] [[Page 6483]] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2016-0032] Notice of Decision To Authorize the Importation of Fresh Star Apple Fruit From Vietnam 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 into the continental United States of fresh star apple fruit from Vietnam. Based on the findings of a pest risk analysis, which we made available to the public for review and comment through a previous notice, 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 star apple fruit from Vietnam. DATES: Effective January 19, 2017. FOR FURTHER INFORMATION CONTACT: Mr. Tony Rom[aacute]n, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-2242. SUPPLEMENTARY INFORMATION: Under the regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-1 through 319.56-76, referred to below as the regulations), the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture 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 and spread within the United States. Section 319.56-4 of the regulations contains a performance-based process for approving the importation of commodities that, based on the findings of a pest risk analysis (PRA), can be safely imported subject to one or more of the designated phytosanitary measures listed in paragraph (b) of that section. Under that process, APHIS 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 may begin issuing permits for importation of the fruit or vegetable subject to the identified designated measures if: (1) No comments were received on the PRA; (2) the comments on the PRA revealed that no changes to the PRA were necessary; or (3) changes to the PRA were made in response to public comments, but the changes did not affect the overall conclusions of the analysis and the Administrator's determination of risk. In accordance with that process, we published a notice \1\ in the Federal Register on July 19, 2016 (81 FR 46886, Docket No. APHIS-2016- 0032), in which we announced the availability, for review and comment, of a PRA that evaluated the risks associated with the importation into the continental United States of fresh star apple fruit (Chrysophyllum cainito) from Vietnam. The PRA consisted of a risk assessment identifying pests of quarantine significance that could follow the pathway of importation of fresh star apple fruit from Vietnam into the continental United States and a risk management document identifying phytosanitary measures to be applied to that commodity to mitigate the pest risk. --------------------------------------------------------------------------- \1\ To view the notice, the comments received, and the PRA, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0032. --------------------------------------------------------------------------- We solicited comments on the notice for 60 days ending September 19, 2016. We received one comment by that date, from a manufacturing company. One measure identified in the PRA is that all consignments of fresh star fruit from Vietnam imported into the continental United States will be required to be treated with irradiation prior to arrival in the United States. The commenter argued that the fresh star fruit should also be allowed to be treated after its arrival in the United States. While it is true that the phytosanitary treatment regulations in 7 CFR 305.9(a)(1) state that, where certified irradiation facilities are available, an approved irradiation treatment may be conducted for any imported regulated article either prior to shipment to the United States or in the United States, this is a general statement of the types of treatment APHIS deems allowable. The particulars of any treatment are examined on an individual basis as part of a country's market access request. In their request, the national plant protection organization (NPPO) of Vietnam specifically stipulated that fresh star fruit be subject to a pre-clearance program within Vietnam. In considering this request, APHIS determined that Vietnam possesses sufficient infrastructure to meet an in-country treatment requirement. The PRA also indicates that the fruit must be individually wrapped in plastic prior to shipment to reduce the risk of post-treatment reinfestation. The commenter observed that the PRA does not specify why fruits will be required to be packaged in this manner rather than using insect-proof cartons as described in 7 CFR 305.9(f)(2)(i)(A). The commenter argued that the fresh star fruit should be packed in insect- proof cartons rather than individually wrapped in keeping with the regulations. Individually wrapping fruit is an effective phytosanitary mitigation measure, which takes the place of insect-proof cartons. This measure was specifically proposed by the NPPO of Vietnam in its market access request. Its phytosanitary efficacy was considered as part of the PRA conducted by APHIS. We determined that such individual wrapping provides equal phytosanitary protection to insect-proofing cartons and pallets. Therefore, in accordance with the regulations in Sec. 319.56- 4(c)(2)(ii), we are announcing our decision to authorize the importation into the continental United States of fresh star apple fruit from Vietnam subject to the following phytosanitary measures:The fresh star apple fruit must be imported as commercial consignments only; Each consignment of fresh star apple fruit must be accompanied by a phytosanitary certificate issued by the NPPO of Vietnam; Each consignment of fresh star apple fruit must be treated in accordance with 7 CFR part 305; and Each consignment of fresh star apple fruit 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 https://www.aphis.usda.gov/favir/). In addition to these specific measures, fresh star apple fruit from Vietnam 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 12th day of January 2017. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2017-01267 Filed 1-18-17; 8:45 am] BILLING CODE 3410-34-P
![Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices 6483
DEPARTMENT OF AGRICULTURE measures if: (1) No comments were The PRA also indicates that the fruit
received on the PRA; (2) the comments must be individually wrapped in plastic
Animal and Plant Health Inspection on the PRA revealed that no changes to prior to shipment to reduce the risk of
Service the PRA were necessary; or (3) changes post-treatment reinfestation. The
[Docket No. APHIS–2016–0032] to the PRA were made in response to commenter observed that the PRA does
public comments, but the changes did not specify why fruits will be required
Notice of Decision To Authorize the not affect the overall conclusions of the to be packaged in this manner rather
Importation of Fresh Star Apple Fruit analysis and the Administrator’s than using insect-proof cartons as
From Vietnam Into the Continental determination of risk. described in 7 CFR 305.9(f)(2)(i)(A). The
United States In accordance with that process, we commenter argued that the fresh star
published a notice 1 in the Federal fruit should be packed in insect-proof
AGENCY: Animal and Plant Health Register on July 19, 2016 (81 FR 46886, cartons rather than individually
Inspection Service, USDA. Docket No. APHIS–2016–0032), in wrapped in keeping with the
ACTION: Notice. which we announced the availability, regulations.
for review and comment, of a PRA that Individually wrapping fruit is an
SUMMARY: We are advising the public of effective phytosanitary mitigation
evaluated the risks associated with the
our decision to authorize the measure, which takes the place of
importation into the continental United
importation into the continental United insect-proof cartons. This measure was
States of fresh star apple fruit
States of fresh star apple fruit from specifically proposed by the NPPO of
(Chrysophyllum cainito) from Vietnam.
Vietnam. Based on the findings of a pest Vietnam in its market access request. Its
The PRA consisted of a risk assessment
risk analysis, which we made available phytosanitary efficacy was considered
identifying pests of quarantine
to the public for review and comment as part of the PRA conducted by APHIS.
significance that could follow the
through a previous notice, we have We determined that such individual
pathway of importation of fresh star
determined that the application of one wrapping provides equal phytosanitary
apple fruit from Vietnam into the
or more designated phytosanitary protection to insect-proofing cartons
continental United States and a risk
measures will be sufficient to mitigate and pallets.
management document identifying
the risks of introducing or disseminating
phytosanitary measures to be applied to Therefore, in accordance with the
plant pests or noxious weeds via the
that commodity to mitigate the pest risk. regulations in § 319.56–4(c)(2)(ii), we
importation of fresh star apple fruit from
We solicited comments on the notice are announcing our decision to
Vietnam.
for 60 days ending September 19, 2016. authorize the importation into the
DATES: Effective January 19, 2017. continental United States of fresh star
We received one comment by that date,
FOR FURTHER INFORMATION CONTACT: Mr. from a manufacturing company. apple fruit from Vietnam subject to the
Tony Román, Senior Regulatory Policy One measure identified in the PRA is following phytosanitary measures:
Specialist, Regulatory Coordination and that all consignments of fresh star fruit • The fresh star apple fruit must be
Compliance, PPQ, APHIS, 4700 River from Vietnam imported into the imported as commercial consignments
Road, Unit 133, Riverdale, MD 20737– continental United States will be only;
1231; (301) 851–2242. required to be treated with irradiation • Each consignment of fresh star
SUPPLEMENTARY INFORMATION: Under the prior to arrival in the United States. The apple fruit must be accompanied by a
regulations in ‘‘Subpart-Fruits and commenter argued that the fresh star phytosanitary certificate issued by the
Vegetables’’ (7 CFR 319.56–1 through fruit should also be allowed to be NPPO of Vietnam;
319.56–76, referred to below as the treated after its arrival in the United • Each consignment of fresh star
regulations), the Animal and Plant States. apple fruit must be treated in
Health Inspection Service (APHIS) of While it is true that the phytosanitary accordance with 7 CFR part 305; and
the U.S. Department of Agriculture treatment regulations in 7 CFR • Each consignment of fresh star
prohibits or restricts the importation of 305.9(a)(1) state that, where certified apple fruit is subject to inspection upon
fruits and vegetables into the United irradiation facilities are available, an arrival at the port of entry to the United
States from certain parts of the world to approved irradiation treatment may be States.
prevent plant pests from being conducted for any imported regulated These conditions will be listed in the
introduced into and spread within the article either prior to shipment to the Fruits and Vegetables Import
United States. United States or in the United States, Requirements database (available at
Section 319.56–4 of the regulations this is a general statement of the types https://www.aphis.usda.gov/favir/). In
contains a performance-based process of treatment APHIS deems allowable. addition to these specific measures,
for approving the importation of The particulars of any treatment are fresh star apple fruit from Vietnam will
commodities that, based on the findings examined on an individual basis as part be subject to the general requirements
of a pest risk analysis (PRA), can be of a country’s market access request. In listed in § 319.56–3 that are applicable
safely imported subject to one or more their request, the national plant to the importation of all fruits and
of the designated phytosanitary protection organization (NPPO) of vegetables.
measures listed in paragraph (b) of that Vietnam specifically stipulated that
section. Under that process, APHIS Authority: 7 U.S.C. 450, 7701–7772, and
fresh star fruit be subject to a pre- 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
publishes a notice in the Federal clearance program within Vietnam. In 2.22, 2.80, and 371.3.
Register announcing the availability of
mstockstill on DSK3G9T082PROD with NOTICES
considering this request, APHIS
the PRA that evaluates the risks Done in Washington, DC, this 12th day of
determined that Vietnam possesses January 2017.
associated with the importation of a sufficient infrastructure to meet an in-
particular fruit or vegetable. Following Kevin Shea,
country treatment requirement.
the close of the 60-day comment period, Administrator, Animal and Plant Health
APHIS may begin issuing permits for Inspection Service.
1 To view the notice, the comments received, and
importation of the fruit or vegetable the PRA, go to http://www.regulations.gov/#!docket [FR Doc. 2017–01267 Filed 1–18–17; 8:45 am]
subject to the identified designated Detail;D=APHIS-2016-0032. BILLING CODE 3410–34–P
VerDate Sep<11>2014 21:20 Jan 18, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4703 Sfmt 9990 E:\FR\FM\19JAN1.SGM 19JAN1](https://thefederalregister.org/doc/82_FR_6495/page/1.svg)
Document Created: 2018-02-01 15:15:56
Document Modified: 2018-02-01 15:15:56
| 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 January 19, 2017. | |
| Contact | Mr. Tony Rom[aacute]n, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-2242. | |
| FR Citation | 82 FR 6483 |
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