Notice of Decision To Issue Permits for the Importation of Strawberry Fruit From Egypt Into the Continental United States, 13304-13305 [2013-04475]
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13304
Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices
In section 403 of the PPA, ‘‘plant
pest’’ is defined as any living stage of
any of the following that can directly or
indirectly injure, cause damage to, or
cause disease in any plant product: A
protozoan, a nonhuman animal, a
parasitic plant, a bacterium, a fungus, a
virus or viroid, an infectious agent or
other pathogen, or any article similar to
or allied with any of the foregoing.
APHIS prepared a plant pest risk
assessment (PPRA) and has concluded
that maize line HCEM485 is similar to
the antecedent organism and is unlikely
to pose a plant pest risk.
APHIS has also prepared a draft
environmental assessment (EA) in
which it presents two alternatives based
on its analyses of data submitted by
Stine Seed, a review of other scientific
data, and field tests conducted under
APHIS oversight. APHIS is considering
the following alternatives: (1) Take no
action, i.e., APHIS would not change the
regulatory status of maize line
HCEM485 and it would continue to be
a regulated article, or (2) make a
determination of nonregulated status of
maize line HCEM485.
The draft EA has been prepared to
provide the APHIS decisionmaker with
a review and analysis of any potential
environmental impacts associated with
the proposed determination of
nonregulated status of maize line
HCEM485. The draft EA was prepared
in accordance with (1) the National
Environmental Policy Act of 1969
(NEPA), as amended (42 U.S.C. 4321 et
seq.); (2) regulations of the Council on
Environmental Quality for
implementing the procedural provisions
of NEPA (40 CFR parts 1500–1508); (2)
regulations of the Council on
Environmental Quality for
implementing the procedural provisions
of NEPA (40 CFR parts 1500–1508); (3)
USDA regulations implementing NEPA
(7 CFR part 1b); and (4) APHIS’ NEPA
Implementing Procedures (7 CFR part
372).
Based on APHIS’ analysis of field and
laboratory data submitted by Stine Seed,
references provided in the extension
request, peer-reviewed publications,
information analyzed in the EA, and the
similarity of maize line HCEM485 to the
antecedent organism, Roundup Ready®
corn line GA21, APHIS has determined
that maize line HCEM485 is unlikely to
pose a plant pest risk. We have therefore
reached a preliminary decision to
approve the request to extend the
determination of nonregulated status of
Roundup Ready® corn line GA21 to
maize line HCEM485, whereby maize
line HCEM485 would no longer be
subject to our regulations governing the
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15:18 Feb 26, 2013
Jkt 229001
introduction of certain genetically
engineered organisms.
Paragraph (e) of § 340.6 provides that
APHIS will publish a notice in the
Federal Register announcing all
preliminary decisions to extend
determinations of nonregulated status
for 30 days before the decisions become
final and effective. In accordance with
§ 340.6(e) of the regulations, we are
publishing this notice to inform the
public of our preliminary decision to
extend the determination of
nonregulated status of Roundup Ready®
corn line GA21 to maize line HCEM485.
APHIS will accept written comments
on the draft EA and PPRA regarding a
determination of nonregulated status of
maize line HCEM485 for a period of 30
days from the date this notice is
published in the Federal Register. The
draft EA and PPRA, as well as the
extension request and preliminary
determination for maize line HCEM485,
are available for public review as
indicated under ADDRESSES and FOR
FURTHER INFORMATION CONTACT above.
Copies of these documents may also be
obtained by contacting the person listed
under FOR FURTHER INFORMATION
CONTACT.
After the comment period closes,
APHIS will review all written comments
received during the comment period
and any other relevant information. All
comments received regarding the EA
and PPRA will be available for public
review. After reviewing and evaluating
the comments on the EA and PPRA,
APHIS will furnish a response to the
petitioner regarding our final regulatory
determination. APHIS will also publish
a notice in the Federal Register
announcing the regulatory status of
maize line HCEM485 and the
availability of APHIS’ written
environmental decision and regulatory
determination.
Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
371.3.
Done in Washington, DC, this 22nd day of
February 2013.
Michael Gregoire,
Deputy Administrator, Biotechnology
Regulatory Services, Animal and Plant Health
Inspection Service.
[FR Doc. 2013–04520 Filed 2–26–13; 8:45 am]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2012–0009]
Notice of Decision To Issue Permits for
the Importation of Strawberry Fruit
From Egypt Into the Continental United
States
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
SUMMARY: We are advising the public of
our decision to begin issuing permits for
the importation into the continental
United States of fresh strawberry fruit
from Egypt. 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
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 strawberry fruit
from Egypt.
DATES: Effective Date: February 27,
2013.
Mr.
Marc Phillips, Regulatory Policy
Specialist, Regulations, Permits, and
Manuals, PPQ, APHIS, 4700 River Road
Unit 133, Riverdale, MD 20737–1231;
(301) 851–2114.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
Under the regulations in ‘‘Subpart—
Fruits and Vegetables’’ (7 CFR 319.56–
1 through 319.56–58, 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,
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erowe on DSK2VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices
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 April 16, 2012 (77 FR
22557–22558, Docket No. APHIS–2012–
0009), in which we announced the
availability, for review and comment, of
a PRA that evaluates the risks associated
with the importation into the
continental United States of fresh
strawberry (Fragaria spp.) fruit with
calyx and short stalk from Egypt. We
solicited comments on the notice for 60
days ending on June 15, 2012. We
received three comments by that date.
They were from a State department of
agriculture, an agricultural research
center, and a non-profit industry
representative.
In the PRA, APHIS determined that
three plant pests have a high risk
potential of being introduced into the
United States via the pathway of fresh
strawberry fruit from Egypt. Those pests
are: Chrysodeixis chalcites,
Eutetranychus orientalis, and
Spodoptera littoralis. The PRA notes
that Eutetranychus orientalis could
potentially avoid detection beneath the
calyx of the strawberries due to its small
size. One commenter cited this potential
risk as a phytosanitary concern. The
commenter stated that they would be
willing to revisit this issue if current
mitigation procedures are proven to be
effective and without any detections of
this mite.
We acknowledge the risk that this
plant pest could potentially evade
detection and be introduced into the
United States in the manner referred to
by the commenter. However, while the
pest itself may potentially evade
detection by its small size, its presence
can be detected by visible signs of
discoloration and damage to fruits and
leaves. Additionally, good agricultural
practices can effectively suppress or
eliminate this pest from fields or
prevent infestation. Successful control
programs typically include monitoring,
cultural, biological, and chemical
components, all of which are used as
part of Egypt’s standard pre- and post1 To
view the notice, the PRA, and the comments
we received, go to https://www.regulations.gov/
#!docketDetail;D=APHIS-2012-0009.
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harvest practices for the production of
export strawberries. Moreover, APHIS
has permitted the entry of commercial
strawberries from several countries in
Asia, Europe, and South America where
this pest of concern occurs. Over several
decades, there has only been one
interception of Eutetranychus orientalis
in strawberry consignments.
Another commenter stated that the
PRA does not provide for adequate
phytosanitary security against any
tetranychid mite.
In the risk assessment portion of the
PRA, the only tetranychid species
identified as likely to follow the
importation pathway was Eutetranychus
orientalis. For the reasons detailed
above, we have determined that the
application of certain phytosanitary
measures coupled with standard
industry practices will be adequate to
mitigate the risk posed by this pest.
Other tetranychid species identified as
pests of fresh strawberry were:
Tetranychus cinnabarinus (Boisduval),
Tetranychus ludeni Zacher,
´
Tetranychus neocalendonicus Andre,
and Tetranychus urticae Koch, which
are reported as being present in Egypt,
but do not meet the definition of
quarantine pests, and Tetranychus
turkestani, which has been reported as
being present in the region, but APHIS
did not find sufficient evidence the pest
is present in Egypt. The commenter did
not discuss any particular species of
tetranychid which they believe to be of
concern, nor did they present evidence
contradicting the information presented
in the risk assessment.
The third commenter recommended
that we adopt specific phytosanitary
measures to address the pest risks
discussed in the PRA.
APHIS has permitted the entry of
commercial strawberries from several
countries in Asia, Europe, and South
America with similar lists of pests of
concern (e.g., Jordan and Israel). Based
on our knowledge and experience in
relation to importation of fresh
strawberry fruit from these countries
with similar pest lists, we are confident
of the efficacy of the designated
measures in mitigating the
phytosanitary risks posed by the
importation of strawberry from Egypt.
Finally, the commenter added that we
should intensively monitor fresh
strawberry from Egypt at the port of
entry.
An integral part of standard APHIS
phytosanitary practices is inspection at
the port of entry.
For these reasons, together with
Egypt’s use of integrated pest
management practices in the production
of commercial strawberries, APHIS has
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13305
concluded that commercial strawberries
for export from Egypt are unlikely to
contain the identified quarantine pests.
Accordingly, we have determined that
no changes to the PRA 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 begin
issuing permits for the importation into
the continental United States of fresh
strawberry fruit from Egypt subject to
the following phytosanitary measures:
• The fresh strawberry fruit may be
imported into the continental United
States in commercial consignments
only;
• Each consignment of fresh
strawberry fruit must be inspected by
the national plant protection
organization of Egypt and accompanied
by a phytosanitary certificate that
includes an additional declaration
stating that the consignment was
inspected and found free of
Chrysodeixis chalcites, Eutetrancychus
orientalis, and Spodoptera littoralis; and
• The fresh strawberry fruit is subject
to inspection upon arrival 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,
fresh strawberry fruit from Egypt 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
February 2013.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2013–04475 Filed 2–26–13; 8:45 am]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2012–0090]
Syngenta Seeds, Inc., and Bayer
CropScience AG; Availability of
Petition for Determination of
Nonregulated Status of Soybean
Genetically Engineered for Herbicide
Tolerance
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
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]]>Agencies
[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Notices]
[Pages 13304-13305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04475]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2012-0009]
Notice of Decision To Issue Permits for the Importation of
Strawberry Fruit From Egypt 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 begin issuing
permits for the importation into the continental United States of fresh
strawberry fruit from Egypt. 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 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 strawberry fruit from Egypt.
DATES: Effective Date: February 27, 2013.
FOR FURTHER INFORMATION CONTACT: Mr. Marc Phillips, Regulatory Policy
Specialist, Regulations, Permits, and Manuals, PPQ, APHIS, 4700 River
Road Unit 133, Riverdale, MD 20737-1231; (301) 851-2114.
SUPPLEMENTARY INFORMATION:
Background
Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-58, 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,
[[Page 13305]]
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 April 16, 2012 (77 FR 22557-22558, Docket No.
APHIS-2012-0009), in which we announced the availability, for review
and comment, of a PRA that evaluates the risks associated with the
importation into the continental United States of fresh strawberry
(Fragaria spp.) fruit with calyx and short stalk from Egypt. We
solicited comments on the notice for 60 days ending on June 15, 2012.
We received three comments by that date. They were from a State
department of agriculture, an agricultural research center, and a non-
profit industry representative.
---------------------------------------------------------------------------
\1\ To view the notice, the PRA, and the comments we received,
go to https://www.regulations.gov/#!docketDetail;D=APHIS-2012-0009.
---------------------------------------------------------------------------
In the PRA, APHIS determined that three plant pests have a high
risk potential of being introduced into the United States via the
pathway of fresh strawberry fruit from Egypt. Those pests are:
Chrysodeixis chalcites, Eutetranychus orientalis, and Spodoptera
littoralis. The PRA notes that Eutetranychus orientalis could
potentially avoid detection beneath the calyx of the strawberries due
to its small size. One commenter cited this potential risk as a
phytosanitary concern. The commenter stated that they would be willing
to revisit this issue if current mitigation procedures are proven to be
effective and without any detections of this mite.
We acknowledge the risk that this plant pest could potentially
evade detection and be introduced into the United States in the manner
referred to by the commenter. However, while the pest itself may
potentially evade detection by its small size, its presence can be
detected by visible signs of discoloration and damage to fruits and
leaves. Additionally, good agricultural practices can effectively
suppress or eliminate this pest from fields or prevent infestation.
Successful control programs typically include monitoring, cultural,
biological, and chemical components, all of which are used as part of
Egypt's standard pre- and post-harvest practices for the production of
export strawberries. Moreover, APHIS has permitted the entry of
commercial strawberries from several countries in Asia, Europe, and
South America where this pest of concern occurs. Over several decades,
there has only been one interception of Eutetranychus orientalis in
strawberry consignments.
Another commenter stated that the PRA does not provide for adequate
phytosanitary security against any tetranychid mite.
In the risk assessment portion of the PRA, the only tetranychid
species identified as likely to follow the importation pathway was
Eutetranychus orientalis. For the reasons detailed above, we have
determined that the application of certain phytosanitary measures
coupled with standard industry practices will be adequate to mitigate
the risk posed by this pest. Other tetranychid species identified as
pests of fresh strawberry were: Tetranychus cinnabarinus (Boisduval),
Tetranychus ludeni Zacher, Tetranychus neocalendonicus Andr[eacute],
and Tetranychus urticae Koch, which are reported as being present in
Egypt, but do not meet the definition of quarantine pests, and
Tetranychus turkestani, which has been reported as being present in the
region, but APHIS did not find sufficient evidence the pest is present
in Egypt. The commenter did not discuss any particular species of
tetranychid which they believe to be of concern, nor did they present
evidence contradicting the information presented in the risk
assessment.
The third commenter recommended that we adopt specific
phytosanitary measures to address the pest risks discussed in the PRA.
APHIS has permitted the entry of commercial strawberries from
several countries in Asia, Europe, and South America with similar lists
of pests of concern (e.g., Jordan and Israel). Based on our knowledge
and experience in relation to importation of fresh strawberry fruit
from these countries with similar pest lists, we are confident of the
efficacy of the designated measures in mitigating the phytosanitary
risks posed by the importation of strawberry from Egypt.
Finally, the commenter added that we should intensively monitor
fresh strawberry from Egypt at the port of entry.
An integral part of standard APHIS phytosanitary practices is
inspection at the port of entry.
For these reasons, together with Egypt's use of integrated pest
management practices in the production of commercial strawberries,
APHIS has concluded that commercial strawberries for export from Egypt
are unlikely to contain the identified quarantine pests. Accordingly,
we have determined that no changes to the PRA 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 begin issuing permits
for the importation into the continental United States of fresh
strawberry fruit from Egypt subject to the following phytosanitary
measures:
The fresh strawberry fruit may be imported into the
continental United States in commercial consignments only;
Each consignment of fresh strawberry fruit must be
inspected by the national plant protection organization of Egypt and
accompanied by a phytosanitary certificate that includes an additional
declaration stating that the consignment was inspected and found free
of Chrysodeixis chalcites, Eutetrancychus orientalis, and Spodoptera
littoralis; and
The fresh strawberry fruit is subject to inspection upon
arrival 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, fresh strawberry fruit from
Egypt 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 20th day of February 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-04475 Filed 2-26-13; 8:45 am]
BILLING CODE 3410-34-P
