Notice of Decision To Authorize the Importation of Fresh Edible Flowers of Izote, Immature Inflorescences of Pacaya, Immature Inflorescences of Chufle, and Fresh Leaves of Chipilin From El Salvador Into the Continental United States, 44571-44572 [2011-18848]
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Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2010–0114]
Notice of Decision To Authorize the
Importation of Fresh Edible Flowers of
Izote, Immature Inflorescences of
Pacaya, Immature Inflorescences of
Chufle, and Fresh Leaves of Chipilin
From El Salvador Into the Continental
United States
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
We are advising the public of
our decision to authorize the
importation into the continental United
States of fresh edible flowers of izote,
immature inflorescences of pacaya,
immature inflorescences of chufle, and
fresh leaves of chipilin from El
Salvador. Based on the findings of four
pest risk analyses, which we made
available to the public for review and
comment through a previous notice, we
believe 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 edible flowers of
izote, immature inflorescences of
pacaya, immature inflorescences of
chufle, and fresh leaves of chipilin from
El Salvador.
DATES: Effective Date: July 26, 2011.
FOR FURTHER INFORMATION CONTACT: Mr.
Phillip B. Grove, Regulatory
Coordinator, Regulatory Coordination
and Compliance, PPQ, APHIS, 4700
River Road Unit 156, Riverdale, MD
20737–1236; (301) 734–6280.
SUPPLEMENTARY INFORMATION:
SUMMARY:
sroberts on DSK5SPTVN1PROD with NOTICES
Background
Under the regulations in ‘‘Subpart—
Fruits and Vegetables’’ (7 CFR 319.56–
1 through 319.56–50, 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, can be safely
imported subject to one or more of the
designated phytosanitary measures
VerDate Mar<15>2010
16:12 Jul 25, 2011
Jkt 223001
listed in paragraph (b) of that section.
Under that process, APHIS publishes a
notice in the Federal Register
announcing the availability of the pest
risk analysis 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 authorize the importation of
the fruit or vegetable subject to the
identified designated measures if: (1) No
comments were received on the pest
risk analysis; (2) the comments on the
pest risk analysis revealed that no
changes to the pest risk analysis were
necessary; or (3) changes to the pest risk
analysis 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 January 25, 2011 (76 FR
4278–4279, Docket No. APHIS–2010–
0114), in which we announced the
availability, for review and comment, of
four pest risk analyses that evaluate the
risks associated with the importation
into the continental United States of
edible fresh flowers of izote (Yucca
guatemalensis Baker), immature
inflorescences of pacaya (Chamaedorea
tepejilote Liem.), immature
inflorescences of chufle (Calathea
macrosepala K. Schumm), and fresh
leaves of chipilin (Crotalaria
longirostrata Hook and Arn.) from El
Salvador. We solicited comments on the
notice for 60 days ending on March 28,
2011. We received three comments by
that date, from a State department of
natural resources, a State department of
agriculture, and the Guatemalan
department of agriculture.
One commenter asked that we expand
the pest risk analyses to allow for the
importation of fresh edible flowers of
izote, immature inflorescences of
pacaya, immature inflorescences of
chufle, and fresh leaves of chipilin from
Guatemala in addition to El Salvador.
APHIS would be willing to work with
the national plant protection
organization (NPPO) of Guatemala in
regards to this issue. In order for those
commodities to be considered for
importation, the Government of
Guatemala must submit a formal request
to APHIS, followed by submission of the
information required in 7 CFR 319.5(d)
by the Guatemalan NPPO.
The remaining commenters raised
concerns regarding the risks associated
1 To view the notice, the pest risk analyses, and
the comments we received, go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2010-0114.
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
44571
with the importation of fresh leaves of
chipilin, fresh flowers of izote, and
immature inflorescences of pacaya from
El Salvador. One commenter stated that
fresh leaves of chipilin from El Salvador
should not be allowed into the United
States since chipilin, as a legume, may
serve as a potential host for soybean rust
or other diseases or pests of soybeans.
The commenter additionally opposed
importation of fresh leaves of chipilin if
chipilin has the potential to become
established as an invasive species.
Fresh leaves of chipilin were
identified as a potential host for the
soybean rusts Phakopsora meibomiae
and Uromyces crotalariae in the pest
risk analysis for that commodity. The
phytosanitary risks posed by these pests
are addressed with the following
mitigations: (1) Each consignment of
fresh leaves of chipilin must be
inspected by the NPPO of El Salvador
and accompanied by a phytosanitary
certificate issued by the NPPO stating
that the fresh leaves of chipilin in that
consignment have been inspected and
found free of Phakopsora meibomiae
and Uromyces crotalariae; and (2) Each
shipment is subject to inspection upon
arrival at the port of entry in the United
States. Rust symptoms, which consist of
tan to reddish brown lesions, are
macroscopic in nature and may be
easily found during inspections. If the
commenter is aware of additional
diseases or pests of fresh leaves of
chipilin that were not included in the
pest risk analysis, we would consider
this new information for further
analysis. In addition, since we will be
importing only nonpropagative fresh
leaves of chipilin for consumption, we
consider the risk of potential
establishment of chipilin as an invasive
species to be negligible.
The second commenter did not
support the importation of fresh flowers
of izote from El Salvador. The
commenter stated that there were no
mitigation measures listed in the PRA
for the gray pineapple mealybug
(Dysmicoccus neobrevipes). In addition,
the commenter did not support the
importation of immature inflorescences
of pacaya from El Salvador. The
commenter stated that there were
similarly no mitigation measures
identified in the PRA for the bean slug
(Sarasinula plebeia).
Both the gray pineapple mealybug
and the bean slug are covered in our risk
management documents. The
phytosanitary risks posed by these pests
are addressed by the following
mitigations: (1) Each consignment of
fresh flowers of izote or immature
inflorescences of pacaya must be
inspected by the NPPO of El Salvador
E:\FR\FM\26JYN1.SGM
26JYN1
sroberts on DSK5SPTVN1PROD with NOTICES
44572
Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices
and accompanied by a phytosanitary
certificate issued by the NPPO stating
that the fresh flowers of izote or
immature inflorescences of pacaya in
that consignment have been inspected
and found free of the gray pineapple
mealybug or the bean slug; and (2) Each
shipment is subject to inspection upon
arrival at the port of entry in the United
States. Inspection is considered effective
at finding external feeding pests such as
the gray pineapple mealybug and the
bean slug and excluding infested
shipments from entering commerce. The
symptoms of such infestations are
macroscopic in nature. Gray pineapple
mealybug infestation causes wilt, which
is characterized by discoloration of
leaves to yellows or reds and the loss of
rigidity in leaves. Bean slug infestation
is accompanied by leaf damage, which
is the result of feeding.
Therefore, in accordance with the
regulations in 319.56–4(c)(2)(ii), we are
announcing our decision to authorize
the importation into the United States of
fresh edible flowers of izote, immature
inflorescences of pacaya, immature
inflorescences of chufle, and fresh
leaves of chipilin from El Salvador
provided that:
• The flowers, immature
inflorescences, or leaves are subject to
inspection upon arrival in the United
States and comply with all applicable
provisions of 319.56–3;
• The flowers, immature
inflorescences, or leaves are inspected
in the country of origin by an inspector
or an official of the NPPO of El
Salvador, and have been found free of
one or more specific quarantine pests
identified by the risk assessment as
likely to follow the import pathway; and
• The flowers, immature
inflorescences, or leaves are imported as
commercial consignments only.
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, the
fresh edible flowers of izote, immature
inflorescences of pacaya, immature
inflorescences of chufle, and fresh
leaves of chipilin from El Salvador will
be subject to the general requirements
listed in 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.
VerDate Mar<15>2010
16:12 Jul 25, 2011
Jkt 223001
Done in Washington, DC, this 20th day of
July 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011–18848 Filed 7–25–11; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2011–0072]
Plants for Planting Whose Importation
Is Not Authorized Pending Pest Risk
Analysis; Notice of Availability of Data
Sheets for Taxa of Plants for Planting
That Are Quarantine Pests or Hosts of
Quarantine Pests
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
We are advising the public
that we have determined that 41 taxa of
plants for planting are quarantine pests
and 107 taxa of plants for planting are
hosts of 13 quarantine pests and
therefore should be added to our lists of
taxa of plants for planting whose
importation is not authorized pending
pest risk analysis. We have prepared
data sheets that detail the scientific
evidence we evaluated in making the
determination that the taxa are
quarantine pests or hosts of quarantine
pests. We are making these data sheets
available to the public for review and
comment.
SUMMARY:
We will consider all comments
that we receive on or before September
26, 2011.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!documentDetail;D=APHIS-2011-00720001.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2011–0072, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road Unit 118,
Riverdale, MD 20737–1238.
The data sheets and any comments we
receive may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2011-0072 or
in our reading room, which is located in
room 1141 of the USDA South Building,
14th Street and Independence Avenue,
SW., Washington, DC. Normal reading
room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except
holidays. To be sure someone is there to
DATES:
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
help you, please call (202) 690–2817
before coming.
FOR FURTHER INFORMATION CONTACT: Dr.
Arnold Tschanz, Senior Plant
Pathologist/Senior Risk Manager, Plants
for Planting Policy, RPM, PPQ, APHIS,
4700 River Road Unit 133, Riverdale,
MD 20737–1236; (301) 734–0627.
SUPPLEMENTARY INFORMATION:
Background
Under the regulations in ‘‘Subpart—
Plants for Planting’’ (7 CFR 319.37
through 319.37–14, 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
plants for planting (including living
plants, plant parts, seeds, and plant
cuttings) to prevent the introduction of
quarantine pests into the United States.
Quarantine pest is defined in § 319.37–
1 as a plant pest or noxious weed that
is of potential economic importance to
the United States and not yet present in
the United States, or present but not
widely distributed and being officially
controlled.
In a final rule published in the
Federal Register on May 27, 2011 (76
FR 31172–31210, Docket No. APHIS–
2006–0011), and effective on June 27,
2011, we established in § 319.37–2a a
new category of plants for planting
whose importation is not authorized
pending pest risk analysis (NAPPRA) in
order to prevent the introduction of
quarantine pests into the United States.
The final rule established two lists of
taxa whose importation is NAPPRA: A
list of taxa of plants for planting that are
quarantine pests, and a list of taxa of
plants for planting that are hosts of
quarantine pests. For taxa of plants for
planting that have been determined to
be quarantine pests, the list will include
the names of the taxa. For taxa of plants
for planting that are hosts of quarantine
pests, the list will include the names of
the taxa, the foreign places from which
the taxa’s importation is not authorized,
and the quarantine pests of concern.
The final rule did not add any taxa to
the NAPPRA lists.
Paragraph (b) of § 319.37–2a describes
the process for adding taxa to the
NAPPRA lists. In accordance with that
process, this notice announces our
determination that 41 taxa of plants for
planting are quarantine pests and 107
taxa of plants for planting are hosts of
13 quarantine pests.
This notice also makes available data
sheets that detail the scientific evidence
we evaluated in making the
determination that the taxa are
quarantine pests or hosts of a quarantine
E:\FR\FM\26JYN1.SGM
26JYN1
]]>Agencies
[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Notices]
[Pages 44571-44572]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18848]
[[Page 44571]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2010-0114]
Notice of Decision To Authorize the Importation of Fresh Edible
Flowers of Izote, Immature Inflorescences of Pacaya, Immature
Inflorescences of Chufle, and Fresh Leaves of Chipilin From El Salvador
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 edible flowers
of izote, immature inflorescences of pacaya, immature inflorescences of
chufle, and fresh leaves of chipilin from El Salvador. Based on the
findings of four pest risk analyses, which we made available to the
public for review and comment through a previous notice, we believe
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
edible flowers of izote, immature inflorescences of pacaya, immature
inflorescences of chufle, and fresh leaves of chipilin from El
Salvador.
DATES: Effective Date: July 26, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Phillip B. Grove, Regulatory
Coordinator, Regulatory Coordination and Compliance, PPQ, APHIS, 4700
River Road Unit 156, Riverdale, MD 20737-1236; (301) 734-6280.
SUPPLEMENTARY INFORMATION:
Background
Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-50, 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, 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 pest risk
analysis 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 authorize the importation of the fruit or
vegetable subject to the identified designated measures if: (1) No
comments were received on the pest risk analysis; (2) the comments on
the pest risk analysis revealed that no changes to the pest risk
analysis were necessary; or (3) changes to the pest risk analysis 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 January 25, 2011 (76 FR 4278-4279, Docket No.
APHIS-2010-0114), in which we announced the availability, for review
and comment, of four pest risk analyses that evaluate the risks
associated with the importation into the continental United States of
edible fresh flowers of izote (Yucca guatemalensis Baker), immature
inflorescences of pacaya (Chamaedorea tepejilote Liem.), immature
inflorescences of chufle (Calathea macrosepala K. Schumm), and fresh
leaves of chipilin (Crotalaria longirostrata Hook and Arn.) from El
Salvador. We solicited comments on the notice for 60 days ending on
March 28, 2011. We received three comments by that date, from a State
department of natural resources, a State department of agriculture, and
the Guatemalan department of agriculture.
---------------------------------------------------------------------------
\1\ To view the notice, the pest risk analyses, and the comments
we received, go to https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0114.
---------------------------------------------------------------------------
One commenter asked that we expand the pest risk analyses to allow
for the importation of fresh edible flowers of izote, immature
inflorescences of pacaya, immature inflorescences of chufle, and fresh
leaves of chipilin from Guatemala in addition to El Salvador.
APHIS would be willing to work with the national plant protection
organization (NPPO) of Guatemala in regards to this issue. In order for
those commodities to be considered for importation, the Government of
Guatemala must submit a formal request to APHIS, followed by submission
of the information required in 7 CFR 319.5(d) by the Guatemalan NPPO.
The remaining commenters raised concerns regarding the risks
associated with the importation of fresh leaves of chipilin, fresh
flowers of izote, and immature inflorescences of pacaya from El
Salvador. One commenter stated that fresh leaves of chipilin from El
Salvador should not be allowed into the United States since chipilin,
as a legume, may serve as a potential host for soybean rust or other
diseases or pests of soybeans. The commenter additionally opposed
importation of fresh leaves of chipilin if chipilin has the potential
to become established as an invasive species.
Fresh leaves of chipilin were identified as a potential host for
the soybean rusts Phakopsora meibomiae and Uromyces crotalariae in the
pest risk analysis for that commodity. The phytosanitary risks posed by
these pests are addressed with the following mitigations: (1) Each
consignment of fresh leaves of chipilin must be inspected by the NPPO
of El Salvador and accompanied by a phytosanitary certificate issued by
the NPPO stating that the fresh leaves of chipilin in that consignment
have been inspected and found free of Phakopsora meibomiae and Uromyces
crotalariae; and (2) Each shipment is subject to inspection upon
arrival at the port of entry in the United States. Rust symptoms, which
consist of tan to reddish brown lesions, are macroscopic in nature and
may be easily found during inspections. If the commenter is aware of
additional diseases or pests of fresh leaves of chipilin that were not
included in the pest risk analysis, we would consider this new
information for further analysis. In addition, since we will be
importing only nonpropagative fresh leaves of chipilin for consumption,
we consider the risk of potential establishment of chipilin as an
invasive species to be negligible.
The second commenter did not support the importation of fresh
flowers of izote from El Salvador. The commenter stated that there were
no mitigation measures listed in the PRA for the gray pineapple
mealybug (Dysmicoccus neobrevipes). In addition, the commenter did not
support the importation of immature inflorescences of pacaya from El
Salvador. The commenter stated that there were similarly no mitigation
measures identified in the PRA for the bean slug (Sarasinula plebeia).
Both the gray pineapple mealybug and the bean slug are covered in
our risk management documents. The phytosanitary risks posed by these
pests are addressed by the following mitigations: (1) Each consignment
of fresh flowers of izote or immature inflorescences of pacaya must be
inspected by the NPPO of El Salvador
[[Page 44572]]
and accompanied by a phytosanitary certificate issued by the NPPO
stating that the fresh flowers of izote or immature inflorescences of
pacaya in that consignment have been inspected and found free of the
gray pineapple mealybug or the bean slug; and (2) Each shipment is
subject to inspection upon arrival at the port of entry in the United
States. Inspection is considered effective at finding external feeding
pests such as the gray pineapple mealybug and the bean slug and
excluding infested shipments from entering commerce. The symptoms of
such infestations are macroscopic in nature. Gray pineapple mealybug
infestation causes wilt, which is characterized by discoloration of
leaves to yellows or reds and the loss of rigidity in leaves. Bean slug
infestation is accompanied by leaf damage, which is the result of
feeding.
Therefore, in accordance with the regulations in 319.56-
4(c)(2)(ii), we are announcing our decision to authorize the
importation into the United States of fresh edible flowers of izote,
immature inflorescences of pacaya, immature inflorescences of chufle,
and fresh leaves of chipilin from El Salvador provided that:
The flowers, immature inflorescences, or leaves are
subject to inspection upon arrival in the United States and comply with
all applicable provisions of 319.56-3;
The flowers, immature inflorescences, or leaves are
inspected in the country of origin by an inspector or an official of
the NPPO of El Salvador, and have been found free of one or more
specific quarantine pests identified by the risk assessment as likely
to follow the import pathway; and
The flowers, immature inflorescences, or leaves are
imported as commercial consignments only.
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, the fresh edible flowers of
izote, immature inflorescences of pacaya, immature inflorescences of
chufle, and fresh leaves of chipilin from El Salvador will be subject
to the general requirements listed in 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 20th day of July 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-18848 Filed 7-25-11; 8:45 am]
BILLING CODE 3410-34-P
