[Federal Register Volume 75, Number 225 (Tuesday, November 23, 2010)]
[Notices]
[Pages 71415-71416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29500]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2010-0027]


Notice of Decision To Issue Permits for the Importation of Wall 
Rocket Leaves From the United Kingdom Into the Continental United 
States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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[[Page 71416]]

SUMMARY: We are advising the public of our decision to begin issuing 
permits for the importation into the continental United States of wall 
rocket leaves from the United Kingdom. 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 wall rocket leaves from the United 
Kingdom.

DATES: Effective Date: November 23, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Regulatory 
Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 
4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 734-0627.

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 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 8, 2010 (75 FR 39203-39204, Docket No. APHIS-
2010-0027), 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 wall rocket 
(Diplotaxis tenuifolia (L)) leaves from the United Kingdom. We 
solicited comments on the notice for 60 days ending on September 7, 
2010. We received one comment by that date, from a State department of 
agriculture.
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    \1\ To view the notice, the PRA, and the comment we received, go 
to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0027.
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    The PRA concluded that there was a low likelihood of the leafminer 
pests associated with wall rocket leaves from the United Kingdom 
escaping detection at the port of entry. The commenter stated that the 
likelihood of eggs or early instars with no or difficult-to-detect 
mines being present or of interior plant parts being infested would 
allow some immature pests to escape detection.
    We acknowledge that eggs or very early instars may be present with 
tunnels too small to be seen. However, after wall rocket leaves have 
been harvested and enter the commercial consumption pathway, they are 
generally refrigerated, so it would be unlikely that the eggs or early 
instar larvae could complete development. Thus, there is a low risk 
associated with the life stages of these pests that might escape 
detection.
    The PRA also concluded that there is a low likelihood of the pests 
associated with wall rocket leaves from the United Kingdom coming into 
contact with host material suitable for reproduction. The commenter 
stated that, because of the highly polyphagous nature of leafminers, if 
egg- or larva-infested commodity arrives in the United States, there is 
a high probability of adults emerging and coming into contact with 
suitable hosts in favorable environments, such as the one in the 
commenter's State.
    The majority of this commodity will be consumed and any plant 
material not consumed will be disposed of in environments not suitable 
for pest escape. In addition, the cut commodity rapidly wilts and 
desiccates, preventing the complete development of the insect. Taking 
into consideration the fact that both pests are poor flyers with 
relatively short lifespans, we have concluded that the low rating for 
this risk element is appropriate. As such, we have determined that no 
changes to the PRA are necessary based on the comment.
    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 wall rocket 
leaves from the United Kingdom subject to the following phytosanitary 
measures:
     Each consignment of wall rocket leaves must be accompanied 
by a phytosanitary certificate issued by the Department of Environment 
Food and Rural Affairs with the following additional declaration: 
``Wall rocket leaves in this consignment were inspected and found free 
from Chromatomyia horticola and Liriomyza strigata.''
     The wall rocket leaves must be imported as commercial 
consignments only.
    These conditions will be listed in the Fruits and Vegetables Import 
Requirements database (available at http://www.aphis.usda.gov/favir). 
In addition to those specific measures, wall rocket leaves from the 
United Kingdom 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 17th day of November 2010.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-29500 Filed 11-22-10; 8:45 am]
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