[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Notices]
[Pages 15279-15280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6536]



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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2011-0015]


Importation of Garlic From the European Union and Other Countries 
Into the Continental United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public that we have prepared a commodity 
import evaluation document (CIED) that evaluates the phytosanitary 
measures under which garlic may be imported into the continental United 
States from the European Union and several other countries. Currently, 
garlic may be imported from these countries into the United States only 
if it is treated for certain pests. Based on the CIED, we believe that 
the application of one or more designated phytosanitary measures other 
than treatment will be sufficient to mitigate the risks of introducing 
or disseminating plant pests or noxious weeds via the importation of 
garlic from these countries into the continental United States. We are 
making the CIED available to the public for review and comment.

DATES: We will consider all comments that we receive on or before May 
20, 2011.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2011-0015 to submit or view comments and 
to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send one copy of 
your comment to Docket No. APHIS-2011-0015, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2011-0015.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room 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 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

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.
    There are two pests of concern associated with the importation of 
garlic (Allium sativum L.) from most countries in the world: Weevils in 
the genus Brachycerus spp. and the moth larvae Dyspessa ulula. Both of 
these pests have stages that may feed internally in the garlic cloves.
    Currently, several countries are authorized to export garlic (dry 
bulbs, no green leaves) to the United States only if the commodity 
undergoes vacuum fumigation with methyl bromide for Brachycerus spp. 
and D. ulula. These countries are 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. In 
this document, we refer to them as the European Union (EU) and other 
countries.
    Section 319.56-4 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. These measures are:
     The fruits or vegetables are subject to inspection upon 
arrival in the United States and comply with all applicable provisions 
of Sec.  319.56-3;
     The fruits or vegetables are imported from a pest-free 
area in the country of origin that meets the requirements of Sec.  
319.56-5 for freedom from that pest and are accompanied by a 
phytosanitary certificate stating that the fruits or vegetables 
originated in a pest-free area in the country of origin;
     The fruits or vegetables are treated in accordance with 7 
CFR part 305;
     The fruits or vegetables are inspected in the country of 
origin by an inspector or an official of the national plant protection 
organization of the exporting country, and have been found free of one 
or more specific quarantine pests identified by the risk analysis as 
likely to follow the import pathway; and/or
     The fruits or vegetables are a commercial consignment.
    APHIS received a request from the Government of Egypt to allow the 
importation of garlic bulbs from Egypt into the continental United 
States without vacuum chamber fumigation. We have prepared a commodity 
import evaluation document (CIED) to evaluate whether vacuum fumigation 
is necessary to mitigate the risk from Brachycerus spp. and D. ulula. 
We have concluded that garlic can be safely imported into the 
continental United States from the EU and other countries without 
vacuum fumigation by using one or more of the five designated 
phytosanitary measures listed in Sec.  319.56-4(b).
    Therefore, in accordance with Sec.  319.56-4(c), we are announcing 
the availability of our CIED for public review and comment. The CIED 
may be viewed on the Regulations.gov Web site or in our reading room 
(see ADDRESSES above for instructions for accessing Regulations.gov and 
information on the location and hours of the reading room). You may 
request paper copies of the CIED by calling or writing to the person 
listed under FOR FURTHER INFORMATION CONTACT. Please refer to the 
subject of the CIED when requesting copies.
    After reviewing the comments we receive, we will announce our 
decision regarding the import status of garlic from the European Union 
and other countries in a subsequent notice. If the overall conclusions 
of the CIED and the Administrator's determination of risk remain 
unchanged following our consideration of the comments, then we will 
begin issuing permits for importation of garlic from the EU and other 
countries into the continental United States subject to the 
requirements specified in the CIED.

    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.


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    Done in Washington, DC, this 16th day of March 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-6536 Filed 3-18-11; 8:45 am]
BILLING CODE 3410-34-P