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)

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.

[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]]

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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.

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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.
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    \1\ To view the notice, the comments received, and the PRA, go 
to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0032.
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    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