[Federal Register Volume 76, Number 155 (Thursday, August 11, 2011)]
[Notices]
[Pages 49725-49726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20411]


 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
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  Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / 
Notices  

[[Page 49725]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2011-0013]


Notice of Decision To Authorize the Importation of Fresh Papaya 
Fruit From Malaysia 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 papaya fruit 
from Malaysia. 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 papaya fruit from Malaysia.

DATES: Effective Date: August 11, 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; (301) 734-6280.

SUPPLEMENTARY INFORMATION: 

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-51, 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 spreading 
within the United States. Under that process, APHIS may publish a 
notice in the Federal Register announcing the availability of a 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 risk-mitigation measures identified in the 
pest risk analysis 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 March 15, 2011 (76 FR 13972, Docket No. APHIS-2011-
0013), in which we announced the availability, for review and comment, 
of a pest risk analysis evaluating the risks associated with the 
importation into the continental United States of fresh papaya fruit 
(Carica papaya) from Malaysia. The pest risk analysis consisted of a 
pest list identifying pests of quarantine significance that are present 
in Malaysia and could follow the pathway of importation of papaya into 
the United States and a risk management document (RMD) identifying 
phytosanitary measures to be applied to Malaysian papaya to mitigate 
the pest risk. We solicited comments on the notice for 60 days ending 
on May 16, 2011. We received one comment by that date, from a State 
Department of Agriculture. The commenter requested that shipments of 
papaya not be allowed entry into the commenter's State until the 
effectiveness of the phytosanitary measures listed in the pest risk 
analysis had been demonstrated through use on products imported into 
lower-risk States.
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    \1\ To view the notice and the pest risk analysis, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0013.
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    We have determined, for the reasons described in the RMD that 
accompanied the March 2011 notice, that the measures specified in the 
RMD will effectively mitigate the risk associated with the importation 
of fresh papaya fruit from Malaysia. The commenter did not provide any 
evidence suggesting that the mitigations are not effective. Therefore, 
we are not taking the action requested by the commenter.
    Therefore, in accordance with the regulations in Sec.  319.56-
4(c)(2)(ii), we are announcing our decision to authorize the 
importation into the continental United States of fresh papaya fruit 
from Malaysia subject to the following phytosanitary measures:
     The fruit must be imported into the United States as a 
commercial consignment.
     The fruit must be irradiated in accordance with the 
requirements of 7 CFR part 305 with a minimum absorbed dose of 400 Gy.
     If irradiation is applied outside the United States, each 
consignment of fruit must be precleared by APHIS inspectors in 
Malaysia. Each shipment must be inspected jointly by APHIS and 
Malaysian inspectors and accompanied by a phytosanitary certificate 
issued by the national plant protection organization (NPPO) of Malaysia 
certifying that the fruit received the required irradiation treatment.
     If irradiation is to be applied upon arrival in the United 
States, each consignment of fruit must be inspected by Malaysian 
inspectors prior to departure and accompanied by a phytosanitary 
certificate issued by the NPPO of Malaysia.
     Each consignment is subject to inspection at the U.S. port 
of entry.
    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, fresh papaya fruit from 
Malaysia will be subject to the general requirements listed in Sec.  
319.56-3 that are applicable to the importation of all fruits and 
vegetables. Further, for fruits and vegetables requiring treatment as a 
condition of entry, the phytosanitary treatment regulations in 7 CFR 
part 305 contain administrative and procedural requirements that must 
be observed in connection with the application and certification of 
specific treatments.

    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.


[[Page 49726]]


    Done in Washington, DC, this 5th day of August 2011.
Gregory L. Parham,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-20411 Filed 8-10-11; 8:45 am]
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