Notice of Decision To Authorize the Importation of Garlic From the European Union and Other Countries, 44890-44891 [2011-19036]
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Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Notices
and will be required as a condition of
importation.
Therefore, in accordance with the
regulations in § 319.56–4(c)(2)(ii), we
are announcing our decision to
authorize the importation into the
continental United States of fresh
persimmon fruit from the Republic of
South Africa subject to the following
phytosanitary measures:
• The persimmon fruit may be
imported into the continental United
States in commercial consignments
only.
• The persimmon fruit must be
irradiated in accordance with 7 CFR
part 305 with a minimum absorbed dose
of 400 Gy.
• If the irradiation treatment is
applied outside the United States, each
consignment of fruit must be precleared
by APHIS inspectors in the Republic of
South Africa. The persimmon fruit must
be jointly inspected by APHIS and the
national plant protection organization
(NPPO) of South Africa and
accompanied by a phytosanitary
certificate (PC) attesting that the fruit
received the required irradiation
treatment.
• If the irradiation treatment is to be
applied upon arrival in the United
States, each consignment of fruit must
be inspected by the NPPO of South
Africa prior to departure and
accompanied by a PC.
• The commodity is subject to
inspection at the U.S. port-of-entry.
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,
persimmon fruit from the Republic of
South Africa will be subject to the
general requirements listed in § 319.56–
3 that are applicable to the importation
of all fruits and vegetables. Further, for
fruits and vegetables requiring treatment
as a condition of entry, the
phytosanitary treatments regulations in
7 CFR part 305 contain administrative
and procedural requirements that must
be observed in connection with the
application and certification of specific
treatments.
sroberts on DSK5SPTVN1PROD with NOTICES
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 22nd day of
July 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011–19037 Filed 7–26–11; 8:45 am]
BILLING CODE 3410–34–P
VerDate Mar<15>2010
17:08 Jul 26, 2011
Jkt 223001
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2011–0015]
Notice of Decision To Authorize the
Importation of Garlic From the
European Union and Other Countries
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 garlic from the European
Union and other countries. Based on the
findings of a commodity import
evaluation document, 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 garlic from the European
Union and other countries.
DATES: Effective Date: July 27, 2011.
FOR FURTHER INFORMATION CONTACT: Mr.
´
Tony Roman, Import Specialist, Plant
Protection and Quarantine, APHIS, 4700
River Road, Unit 133, Riverdale, MD
20737–1236; (301) 734–5820.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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 (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 authorize the importation of
the fruit or vegetable subject to the
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
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 March 21, 2011 (76 FR
15279–15280, Docket No. APHIS–2011–
0015), in which we announced the
availability, for review and comment, of
a commodity import evaluation
document (CIED) that evaluates the risks
associated with the importation into the
continental United States of fresh garlic
from the European Union (EU) and
other countries. For the purposes of this
document, the EU and other countries
refers to Algeria, Armenia, Austria,
Azerbaijan, Belarus, Bosnia and
Herzegovina, Bulgaria, Croatia, Czech
Republic, Egypt, Estonia, Georgia,
Germany, Greece, Hungary, Israel,
Kazakhstan, Kyrgyzstan, Latvia,
Lebanon, Lithuania, the Republic of
Macedonia, Moldova, Montenegro,
Morocco, Palestine Authority, Portugal,
Romania, Russian Federation, Serbia,
Slovakia, Slovenia, Switzerland, Syria,
Tajikistan, Turkey, Turkmenistan,
Ukraine, and Uzbekistan.
These countries are currently
authorized to export garlic (dry bulbs,
no green leaves) to the United States
only if the commodity undergoes
vacuum fumigation for the weevil pests
Brachycerus spp. and Dyspessa ulula.
Three countries, France, Italy, and
Spain, are exempt from the required
fumigation. Imports of garlic from
France are allowed with a phytosanitary
certificate (PC) containing an additional
declaration that the garlic was inspected
and found free from Brachycerus spp.
and Dyspessa ulula. Similarly, the
regulations in § 319.56–13 provide that
imports of garlic from Italy and Spain
are approved if the garlic is
accompanied by a PC which contains an
additional declaration that the garlic has
been inspected by the national plant
protection organization of the exporting
country and found free of Brachycerus
spp. and Dyspessa ulula, based on field
inspection and reexamination at the
port of export. Based on the evidence
presented in the CIED, we determined
that the measures currently in place for
garlic imported from France, Italy, and
Spain are adequate to manage pest risks
1 To view the notice, the CIED, and the comments
we received, go to https://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=APHIS-2011-0015.
E:\FR\FM\27JYN1.SGM
27JYN1
sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Notices
associated with garlic from the EU and
other countries.
We solicited comments on the notice
for 60 days ending on May 20, 2011. We
received three comments by that date.
They were from an association of garlic
producers, a State agricultural agency,
and a governmental organization. One
commenter was in favor of allowing the
importation of garlic from the EU and
other countries under the conditions
described in the CIED. The remaining
comments are discussed below.
Two commenters expressed concern
that visual inspection and a
phytosanitary certificate may not be
sufficient to prevent the potential
accidental introduction of the two
weevils (Brachycerus spp. and Dyspessa
ulula) into the United States. One of
these commenters recommended the
continued use of vacuum fumigation of
garlic bulbs originating from countries
where these weevils occur because
larvae develop within garlic bulbs and
could easily go undetected by visual
inspection.
As mentioned in the CIED published
with the previous notice, garlic infested
with Brachycerus spp. or D. ulula is
likely to be detected during inspection.
Garlic heads infested with D. ulula have
large internal cavities and darkened
holes, often with secondary mold. The
cloves may be completely eaten, leaving
only the outer coverings of the garlic
head with the larval excrements, and a
strongly attacked batch of garlic can be
detected by a weight shortage (between
40 percent and 80 percent of the normal
weight).
Regarding the risk of introducing
Brachycerus spp. via the importation of
garlic, Brachycerus spp. are rarely
intercepted even in passenger baggage,
with only 16 interceptions from all
countries, all sources, over a 27-year
period. When they are present, adult
females lay clusters of eggs in holes
chewed in the garlic bulb. Brachycerus
spp. larvae bore into the garlic bulb,
leaving bulging lumps, holes, frass, and
fungal decay, while mature larvae are
often visible externally. Because
Brachycerus spp. cause noticeable
damage to the commodity, garlic bulbs
infested with this pest would be culled
during packing processes or identified
during inspection by the NPPO in the
originating country and, therefore, are
unlikely to be included in shipments.
The symptoms of Brachycerus spp.
infestation can also be readily inspected
for at the port of entry into the United
States.
One commenter also stated that
APHIS provided no technical or
scientific reason to revise regulations
and no underlying, scientific, or
VerDate Mar<15>2010
17:08 Jul 26, 2011
Jkt 223001
technical basis for the historical
fumigation exemption for France, Italy,
and Spain. The commenter noted that
pests have been intercepted in
shipments of fresh garlic from countries
currently allowed to ship without
fumigation and that removing the
fumigation requirement because the
interceptions have been infrequent is
inappropriate.
Although we do not have the
background for the exemptions afforded
to these countries, we can conclude that
the decision was based on a historical
lack of pest detections. Garlic from
Spain and Italy has been allowed entry
into the United States without methyl
bromide fumigation since at least 1972.
Garlic from France has been imported
under similar restrictions for some time
as well. Although pests have been found
on garlic imported from these countries,
such interceptions have occurred very
rarely and these pests have not been
introduced into the United States since
importation of garlic from these
countries began. Our experience
inspecting garlic from France, Italy, and
Spain, as reflected in the pest
interception data, suggests that visual
inspection is sufficient to mitigate the
risks of introducing or disseminating
plant pests or noxious weeds via the
importation of garlic into the
continental United States.
For these reasons, APHIS has
concluded that commercial garlic for
export from the EU and other countries
is unlikely to contain the identified
quarantine pests and any pests
associated with this commodity would
be detected by inspection. Accordingly,
we have determined that no changes to
the CIED are necessary based on these
comments.
Therefore, in accordance with the
regulations in § 319.56–4(c)(2)(ii), we
are announcing our decision to
authorize the importation into the
continental United States of fresh garlic
from the European Union and other
countries subject to the following
phytosanitary measures:
• The garlic must be accompanied by
a phytosanitary certificate with an
additional declaration attesting freedom
from Brachycerus spp. and Dyspessa
ulula.
• The garlic may be imported into the
continental United States in 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,
garlic from the European Union and
other countries will be subject to the
general requirements listed in § 319.56–
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
44891
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 22nd day of
July 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011–19036 Filed 7–26–11; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2011–0023]
Monsanto Co.; Availability of Petition,
Plant Pest Risk Assessment, and
Environmental Assessment for
Determination of Nonregulated Status
for Corn Genetically Engineered for
Drought Tolerance
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice; reopening of comment
period.
AGENCY:
We are reopening the
comment period for a petition received
from the Monsanto Company seeking a
determination of nonregulated status for
corn designated as MON 87460, which
has been genetically engineered for
drought tolerance. This action will
allow interested persons additional time
to prepare and submit comments on the
Monsanto petition, our plant pest risk
assessment, and our draft environmental
assessment for the proposed
determination of nonregulated status.
DATES: We will consider all comments
that we receive on or before August 12,
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–
0023–0001.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2011–0023, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road, Unit 118,
Riverdale, MD 20737–1238.
Supporting documents and any
comments we receive on this docket
may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS–2011–0023 or
in our reading room, which is located in
room 1141 of the USDA South Building,
14th Street and Independence Avenue
SUMMARY:
E:\FR\FM\27JYN1.SGM
27JYN1
]]>Agencies
[Federal Register Volume 76, Number 144 (Wednesday, July 27, 2011)]
[Notices]
[Pages 44890-44891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19036]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2011-0015]
Notice of Decision To Authorize the Importation of Garlic From
the European Union and Other Countries
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 garlic from the
European Union and other countries. Based on the findings of a
commodity import evaluation document, 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
garlic from the European Union and other countries.
DATES: Effective Date: July 27, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Tony Rom[aacute]n, Import
Specialist, Plant Protection and Quarantine, APHIS, 4700 River Road,
Unit 133, Riverdale, MD 20737-1236; (301) 734-5820.
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 (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 authorize the 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 March 21, 2011 (76 FR 15279-15280, Docket No.
APHIS-2011-0015), in which we announced the availability, for review
and comment, of a commodity import evaluation document (CIED) that
evaluates the risks associated with the importation into the
continental United States of fresh garlic from the European Union (EU)
and other countries. For the purposes of this document, the EU and
other countries refers to Algeria, Armenia, Austria, Azerbaijan,
Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic,
Egypt, Estonia, Georgia, Germany, Greece, Hungary, Israel, Kazakhstan,
Kyrgyzstan, Latvia, Lebanon, Lithuania, the Republic of Macedonia,
Moldova, Montenegro, Morocco, Palestine Authority, Portugal, Romania,
Russian Federation, Serbia, Slovakia, Slovenia, Switzerland, Syria,
Tajikistan, Turkey, Turkmenistan, Ukraine, and Uzbekistan.
---------------------------------------------------------------------------
\1\ To view the notice, the CIED, and the comments we received,
go to https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2011-0015.
---------------------------------------------------------------------------
These countries are currently authorized to export garlic (dry
bulbs, no green leaves) to the United States only if the commodity
undergoes vacuum fumigation for the weevil pests Brachycerus spp. and
Dyspessa ulula.
Three countries, France, Italy, and Spain, are exempt from the
required fumigation. Imports of garlic from France are allowed with a
phytosanitary certificate (PC) containing an additional declaration
that the garlic was inspected and found free from Brachycerus spp. and
Dyspessa ulula. Similarly, the regulations in Sec. 319.56-13 provide
that imports of garlic from Italy and Spain are approved if the garlic
is accompanied by a PC which contains an additional declaration that
the garlic has been inspected by the national plant protection
organization of the exporting country and found free of Brachycerus
spp. and Dyspessa ulula, based on field inspection and reexamination at
the port of export. Based on the evidence presented in the CIED, we
determined that the measures currently in place for garlic imported
from France, Italy, and Spain are adequate to manage pest risks
[[Page 44891]]
associated with garlic from the EU and other countries.
We solicited comments on the notice for 60 days ending on May 20,
2011. We received three comments by that date. They were from an
association of garlic producers, a State agricultural agency, and a
governmental organization. One commenter was in favor of allowing the
importation of garlic from the EU and other countries under the
conditions described in the CIED. The remaining comments are discussed
below.
Two commenters expressed concern that visual inspection and a
phytosanitary certificate may not be sufficient to prevent the
potential accidental introduction of the two weevils (Brachycerus spp.
and Dyspessa ulula) into the United States. One of these commenters
recommended the continued use of vacuum fumigation of garlic bulbs
originating from countries where these weevils occur because larvae
develop within garlic bulbs and could easily go undetected by visual
inspection.
As mentioned in the CIED published with the previous notice, garlic
infested with Brachycerus spp. or D. ulula is likely to be detected
during inspection. Garlic heads infested with D. ulula have large
internal cavities and darkened holes, often with secondary mold. The
cloves may be completely eaten, leaving only the outer coverings of the
garlic head with the larval excrements, and a strongly attacked batch
of garlic can be detected by a weight shortage (between 40 percent and
80 percent of the normal weight).
Regarding the risk of introducing Brachycerus spp. via the
importation of garlic, Brachycerus spp. are rarely intercepted even in
passenger baggage, with only 16 interceptions from all countries, all
sources, over a 27-year period. When they are present, adult females
lay clusters of eggs in holes chewed in the garlic bulb. Brachycerus
spp. larvae bore into the garlic bulb, leaving bulging lumps, holes,
frass, and fungal decay, while mature larvae are often visible
externally. Because Brachycerus spp. cause noticeable damage to the
commodity, garlic bulbs infested with this pest would be culled during
packing processes or identified during inspection by the NPPO in the
originating country and, therefore, are unlikely to be included in
shipments. The symptoms of Brachycerus spp. infestation can also be
readily inspected for at the port of entry into the United States.
One commenter also stated that APHIS provided no technical or
scientific reason to revise regulations and no underlying, scientific,
or technical basis for the historical fumigation exemption for France,
Italy, and Spain. The commenter noted that pests have been intercepted
in shipments of fresh garlic from countries currently allowed to ship
without fumigation and that removing the fumigation requirement because
the interceptions have been infrequent is inappropriate.
Although we do not have the background for the exemptions afforded
to these countries, we can conclude that the decision was based on a
historical lack of pest detections. Garlic from Spain and Italy has
been allowed entry into the United States without methyl bromide
fumigation since at least 1972. Garlic from France has been imported
under similar restrictions for some time as well. Although pests have
been found on garlic imported from these countries, such interceptions
have occurred very rarely and these pests have not been introduced into
the United States since importation of garlic from these countries
began. Our experience inspecting garlic from France, Italy, and Spain,
as reflected in the pest interception data, suggests that visual
inspection is sufficient to mitigate the risks of introducing or
disseminating plant pests or noxious weeds via the importation of
garlic into the continental United States.
For these reasons, APHIS has concluded that commercial garlic for
export from the EU and other countries is unlikely to contain the
identified quarantine pests and any pests associated with this
commodity would be detected by inspection. Accordingly, we have
determined that no changes to the CIED are necessary based on these
comments.
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 garlic from the
European Union and other countries subject to the following
phytosanitary measures:
The garlic must be accompanied by a phytosanitary
certificate with an additional declaration attesting freedom from
Brachycerus spp. and Dyspessa ulula.
The garlic may be imported into the continental United
States in 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, garlic from the European Union
and other countries 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 22nd day of July 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-19036 Filed 7-26-11; 8:45 am]
BILLING CODE 3410-34-P
