[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Notices]
[Page 61340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25489]


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 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 
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 delegations of authority, filing of petitions and applications and agency 
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  Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / 
Notices  

[[Page 61340]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2011-0047]


Notice of Decision To Authorize the Importation of Dragon Fruit 
From Thailand 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 dragon fruit 
(multiple genera and species) from Thailand. 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 dragon fruit from Thailand.

DATES: Effective Date: October 4, 2011.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Regulatory 
Policy Specialist, Regulations, Permits, and Manuals, PPQ, APHIS, 4700 
River Road Unit 133, Riverdale, MD 20737-1236; (301) 734-0754.

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 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 authorize the 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 June 30, 2011 (76 FR 38349, Docket No. APHIS-2011-
0047), 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 dragon fruit (multiple genera and 
species) from Thailand. We solicited comments on the notice for 60 days 
ending on August 29, 2011. We did not receive any comments by that 
date.
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    \1\ To view the notice and the PRA, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0047.
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    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 dragon fruit from 
Thailand subject to the following phytosanitary measures:
     The dragon fruit may be imported into the continental 
United States in commercial consignments only.
     The dragon fruit must be irradiated in accordance with 7 
CFR part 305 with a minimum absorbed dose of 400 Gy.
     If the irradiation treatment is applied outside the United 
States, each consignment of fruit must be jointly inspected by APHIS 
and the national plant protection organization (NPPO) of Thailand and 
accompanied by a phytosanitary certificate (PC) attesting that the 
fruit received the required irradiation treatment.
     If the irradiation treatment is to be applied upon arrival 
in the United States, each consignment of fruit must be inspected by 
the NPPO of Thailand prior to departure and accompanied by a PC.
     This commodity 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, dragon fruit from Thailand 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 treatments 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.

    Done in Washington, DC, this 28th day of September 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-25489 Filed 10-3-11; 8:45 am]
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