[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Notices]
[Pages 44571-44572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18848]



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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2010-0114]


Notice of Decision To Authorize the Importation of Fresh Edible 
Flowers of Izote, Immature Inflorescences of Pacaya, Immature 
Inflorescences of Chufle, and Fresh Leaves of Chipilin From El Salvador 
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 of our decision to authorize the 
importation into the continental United States of fresh edible flowers 
of izote, immature inflorescences of pacaya, immature inflorescences of 
chufle, and fresh leaves of chipilin from El Salvador. Based on the 
findings of four pest risk analyses, 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 
edible flowers of izote, immature inflorescences of pacaya, immature 
inflorescences of chufle, and fresh leaves of chipilin from El 
Salvador.

DATES:  Effective Date: July 26, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Phillip B. Grove, Regulatory 
Coordinator, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 
River Road Unit 156, Riverdale, MD 20737-1236; (301) 734-6280.

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, 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 pest risk 
analysis 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 pest risk analysis; (2) the comments on 
the pest risk analysis revealed that no changes to the pest risk 
analysis were necessary; or (3) changes to the pest risk analysis 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 January 25, 2011 (76 FR 4278-4279, Docket No. 
APHIS-2010-0114), in which we announced the availability, for review 
and comment, of four pest risk analyses that evaluate the risks 
associated with the importation into the continental United States of 
edible fresh flowers of izote (Yucca guatemalensis Baker), immature 
inflorescences of pacaya (Chamaedorea tepejilote Liem.), immature 
inflorescences of chufle (Calathea macrosepala K. Schumm), and fresh 
leaves of chipilin (Crotalaria longirostrata Hook and Arn.) from El 
Salvador. We solicited comments on the notice for 60 days ending on 
March 28, 2011. We received three comments by that date, from a State 
department of natural resources, a State department of agriculture, and 
the Guatemalan department of agriculture.
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    \1\ To view the notice, the pest risk analyses, and the comments 
we received, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0114.
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    One commenter asked that we expand the pest risk analyses to allow 
for the importation of fresh edible flowers of izote, immature 
inflorescences of pacaya, immature inflorescences of chufle, and fresh 
leaves of chipilin from Guatemala in addition to El Salvador.
    APHIS would be willing to work with the national plant protection 
organization (NPPO) of Guatemala in regards to this issue. In order for 
those commodities to be considered for importation, the Government of 
Guatemala must submit a formal request to APHIS, followed by submission 
of the information required in 7 CFR 319.5(d) by the Guatemalan NPPO.
    The remaining commenters raised concerns regarding the risks 
associated with the importation of fresh leaves of chipilin, fresh 
flowers of izote, and immature inflorescences of pacaya from El 
Salvador. One commenter stated that fresh leaves of chipilin from El 
Salvador should not be allowed into the United States since chipilin, 
as a legume, may serve as a potential host for soybean rust or other 
diseases or pests of soybeans. The commenter additionally opposed 
importation of fresh leaves of chipilin if chipilin has the potential 
to become established as an invasive species.
    Fresh leaves of chipilin were identified as a potential host for 
the soybean rusts Phakopsora meibomiae and Uromyces crotalariae in the 
pest risk analysis for that commodity. The phytosanitary risks posed by 
these pests are addressed with the following mitigations: (1) Each 
consignment of fresh leaves of chipilin must be inspected by the NPPO 
of El Salvador and accompanied by a phytosanitary certificate issued by 
the NPPO stating that the fresh leaves of chipilin in that consignment 
have been inspected and found free of Phakopsora meibomiae and Uromyces 
crotalariae; and (2) Each shipment is subject to inspection upon 
arrival at the port of entry in the United States. Rust symptoms, which 
consist of tan to reddish brown lesions, are macroscopic in nature and 
may be easily found during inspections. If the commenter is aware of 
additional diseases or pests of fresh leaves of chipilin that were not 
included in the pest risk analysis, we would consider this new 
information for further analysis. In addition, since we will be 
importing only nonpropagative fresh leaves of chipilin for consumption, 
we consider the risk of potential establishment of chipilin as an 
invasive species to be negligible.
    The second commenter did not support the importation of fresh 
flowers of izote from El Salvador. The commenter stated that there were 
no mitigation measures listed in the PRA for the gray pineapple 
mealybug (Dysmicoccus neobrevipes). In addition, the commenter did not 
support the importation of immature inflorescences of pacaya from El 
Salvador. The commenter stated that there were similarly no mitigation 
measures identified in the PRA for the bean slug (Sarasinula plebeia).
    Both the gray pineapple mealybug and the bean slug are covered in 
our risk management documents. The phytosanitary risks posed by these 
pests are addressed by the following mitigations: (1) Each consignment 
of fresh flowers of izote or immature inflorescences of pacaya must be 
inspected by the NPPO of El Salvador

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and accompanied by a phytosanitary certificate issued by the NPPO 
stating that the fresh flowers of izote or immature inflorescences of 
pacaya in that consignment have been inspected and found free of the 
gray pineapple mealybug or the bean slug; and (2) Each shipment is 
subject to inspection upon arrival at the port of entry in the United 
States. Inspection is considered effective at finding external feeding 
pests such as the gray pineapple mealybug and the bean slug and 
excluding infested shipments from entering commerce. The symptoms of 
such infestations are macroscopic in nature. Gray pineapple mealybug 
infestation causes wilt, which is characterized by discoloration of 
leaves to yellows or reds and the loss of rigidity in leaves. Bean slug 
infestation is accompanied by leaf damage, which is the result of 
feeding.
    Therefore, in accordance with the regulations in 319.56-
4(c)(2)(ii), we are announcing our decision to authorize the 
importation into the United States of fresh edible flowers of izote, 
immature inflorescences of pacaya, immature inflorescences of chufle, 
and fresh leaves of chipilin from El Salvador provided that:
     The flowers, immature inflorescences, or leaves are 
subject to inspection upon arrival in the United States and comply with 
all applicable provisions of 319.56-3;
     The flowers, immature inflorescences, or leaves are 
inspected in the country of origin by an inspector or an official of 
the NPPO of El Salvador, and have been found free of one or more 
specific quarantine pests identified by the risk assessment as likely 
to follow the import pathway; and
     The flowers, immature inflorescences, or leaves are 
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 these specific measures, the fresh edible flowers of 
izote, immature inflorescences of pacaya, immature inflorescences of 
chufle, and fresh leaves of chipilin from El Salvador 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 July 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-18848 Filed 7-25-11; 8:45 am]
BILLING CODE 3410-34-P