Decision To Authorize the Importation of Fresh Carrots From the Republic of Korea Into the United States, 34591-34592 [2020-12202]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Notices]
[Pages 34591-34592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12202]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2019-0062]


Decision To Authorize the Importation of Fresh Carrots From the 
Republic of Korea Into the 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 of fresh carrots from the Republic of Korea into the United 
States. Based on the findings of a pest risk analysis, which we made 
available to the public to review and comment through a previous 
notice, we have concluded that the application of one or more 
phytosanitary measures will be sufficient to mitigate the risks of 
introducing or disseminating plant pests or noxious weeds via the 
importation of fresh carrots from the Republic of Korea into the United 
States.

DATES: The articles covered by this notification may be authorized for 
importation after June 5, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Carol Kreger, Regulatory Policy 
Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 
River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-2356; 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart L--Fruits and Vegetables'' (7 
CFR 319.56-1 through 319.56-12, referred to below as the regulations), 
the Animal and Plant Health Inspection Service (APHIS) 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 spreading within the United States.
    Section 319.56-4 of the regulations contains a notice-based process 
based on established performance standards for authorizing the 
importation of fruits and vegetables. The performance standards, known 
as designated phytosanitary measures, are listed in paragraph (b) of 
that section. Under the process, APHIS proposes to authorize the 
importation of a fruit or vegetable into the United States if, based on 
the findings of a pest risk analysis, we determine that the measures 
can mitigate the plant pest risk associated with the importation of 
that fruit or vegetable. APHIS then publishes a notice in the Federal 
Register announcing the availability of the pest risk analysis that 
evaluates the risks associated with the importation of that fruit or 
vegetable.
    In accordance with that process, we published a notice \1\ in the 
Federal Register on November 12, 2019 (84 FR 61005-61006, Docket No. 
APHIS-2019-0062), in which we announced the availability, for review 
and comment, of a pest risk assessment (PRA). The assessment evaluated 
the risks associated with the importation into the United States of 
fresh carrots from the Republic of Korea. With the PRA was a risk 
management document (RMD), prepared to identify phytosanitary measures 
that could be applied to the commodity to mitigate the pest risk.
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    \1\ To view the notice, PRA, RMD, economic effects assessment, 
and the comment that we received, go to https://www.regulations.gov/#!docketDetail;D=APHIS-2019-0062.
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    We solicited comments on the PRA and RMD for 60 days, ending on 
January 13, 2020. We received one comment by that date. It was from a 
private citizen.
    The commenter opposed the importation of carrots from the Republic 
of Korea into the United States out of concern for pest risks that were 
currently unknown to APHIS and out of concern that imports be tested at 
ports of entry under importation oversight. Below, we respond to these 
comments by addressing their two topics, pest risks and import control 
measures.

Comments on the Pest Risk Assessment

    APHIS received a request from the national plant protection 
organization (NPPO) of the Republic of Korea to allow the importation 
of fresh carrots into the United States. As part of our evaluation of 
the Republic of Korea's request, we prepared the PRA to identify pests 
of quarantine significance that could follow the pathway of importation 
of fresh carrots into the United States from the Republic of Korea.
    The commenter expressed concern that unknown pests could be 
introduced into the United States as the result of importation of 
carrots from the Republic of Korea.
    We understand this concern, yet APHIS finds no basis for changing 
our proposed action in response. As documentation associated with the 
public notice for comment shows, APHIS thoroughly and sufficiently 
assessed all possible risks from this importation and proposed 
conditions adequate to mitigate the possible risks. Our methodology for 
the PRA included careful examination of the scientific literature, 
port-of-entry pest interception data, and information the Government of 
the Republic of Korea furnished for our assessment. From these sources, 
we compiled a list of all plant pests with actionable regulatory status 
for the United States that are present in the Republic of Korea (on any 
host) and associated with the underground portion of carrots (anywhere 
in the world). We have confidence in the thorough nature of the pest 
list.
    Moreover, the PRA identified only two quarantine pests with 
actionable regulatory status for the United States that could have a 
reasonable likelihood of being associated with the commodity following 
harvesting from the field and prior to any post-harvest processing, and 
thus potentially able to follow the pathway. These two pests are: 
Helicobasidium mompa and Sclerotinia nivalis, both phytopathogenic 
fungi. Based on the PRA, we prepared the RMD to identify phytosanitary 
measures that could be applied to the fresh carrots to mitigate the 
pest risk so that the pests would not be introduced into the United 
States.
    Finally, we note that all shipments of carrots from the Republic of 
Korea will be subject to inspection for quarantine pests at the U.S. 
ports of entry. These inspections are for any pests of quarantine 
significance, not just those identified in the PRA. Additionally, APHIS 
monitors foreign countries for new introduction of quarantined pests.
    The commenter also expressed concerns that there be proper 
oversight of imported products and testing to preclude both 
introduction of pests at importation and resulting spread of pests to 
plants in the United States.
    We understand the commenter's concerns. However, we do not consider

[[Page 34592]]

testing at ports of entry to be warranted and consider the mitigations 
in the RMD to be sufficient for the reasons set forth in the RMD.
    We have concluded that fresh carrots can be safely imported from 
the Republic of Korea into the United States using one or more of the 
five designated phytosanitary measures listed in Sec.  [thinsp]319.56-
4(b). The NPPO of the Republic of Korea must enter into an operational 
work plan with APHIS that spells out the daily procedures the NPPO will 
take to implement the measures identified in the RMD.
    Therefore, in accordance with Sec.  [thinsp]319.56-4(c)(3)(iii), we 
are announcing our decision to authorize the importation of carrots 
from the Republic of Korea to the United States subject to the 
following phytosanitary measures summarized below:
     Carrots must be commercially produced and may be imported 
in commercial consignments only.
     Carrots must be grown in places of production registered 
and packed in packinghouses registered by the NPPO of the Republic of 
Korea as part of an export program to the United States.
     The NPPO of the Republic of Korea must review and maintain 
all forms and documents related to export program activities in 
registered places of production and packinghouses for at least 1 year 
and make them available to APHIS upon request.
     If the NPPO of the Republic of Korea finds that a place of 
production or packinghouse is not complying with the requirements of 
the systems approach, no carrot from the place of production or 
packinghouse will be eligible for export to the United States until 
APHIS and the NPPO of the Republic of Korea conduct an investigation 
and appropriate remedial actions have been implemented.
     Carrots must originate from a place of production that was 
inspected for signs of fungi of quarantine concern prior to harvest and 
found free of disease symptoms or must be treated with a broad-spectrum 
fungicide during the growing season, inspected prior to harvest, and 
found free of fungi of quarantine concern.
     Carrot taproots must be washed and disinfected, and free 
of soil and green tops.
     A biometric sample of carrot taproots (jointly agreed upon 
by APHIS and the NPPO) must be inspected in the Republic of Korea by 
the NPPO of the Republic of Korea following any post-harvest 
processing. The biometric sample must be visually inspected for the 
quarantine pests Helicobasidium mompa and Sclerotinia nivalis. If any 
quarantine fungi are found, the entire lot of carrots is prohibited 
from import into the United States. APHIS may prohibit the importation 
into the United States of carrots from the places of production for the 
season.
     Each consignment of carrots must be accompanied by a 
phytosanitary certificate issued by the NPPO of the Republic of Korea 
with an additional declaration (AD) stating that the consignment was 
produced and prepared for export in accordance with the operational 
workplan and inspected and found free of pests of quarantine concern.
     Carrots are subject to inspection at the port of entry 
into the United States.
     Carrots presented for inspection at the port of entry to 
the United States must be identified to specify the place of production 
in which the carrots were produced, and the packinghouse(s), in which 
the carrots were processed and packed. This identification must be 
maintained until the carrots are released from the port of first 
arrival into the United States.
    These conditions will be listed in the Fruits and Vegetables Import 
Requirements database (available at https://epermits.aphis.usda.gov/manual). In addition to these specific measures, fresh carrots from the 
Republic of Korea will be subject to the general requirements listed in 
Sec.  319.56-3 that are applicable to the importation of all fruits and 
vegetables.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the reporting and recordkeeping requirements included in 
this notice are covered under the Office of Management and Budget 
control number 0579-0049.202F; The estimated annual burden on 
respondents is 362 hours, which will be added to 0579-0049 in the next 
quarterly update.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this notice, please contact Mr. Joseph Moxey, 
APHIS' Information Collection Coordinator, at (301) 851-2483.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this action 
as not a major rule, as defined by 5 U.S.C. 804(2).

    Authority: 7 U.S.C. 1633, 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 1st day of June 2020.
Mark Davidson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2020-12202 Filed 6-4-20; 8:45 am]
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