[Federal Register Volume 76, Number 249 (Wednesday, December 28, 2011)]
[Notices]
[Pages 81468-81469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33207]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2011-0078]


Notice of Decision to Authorize the Importation of Shredded 
Lettuce From Egypt 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 shredded 
lettuce from Egypt. 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 have determined 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 shredded lettuce from Egypt.

DATES: Effective Date: December 28, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Marc Phillips, Import Specialist, 
RCC, RPM, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737; 
(301) 734-4394.

SUPPLEMENTARY INFORMATION: 

Background

    Under the regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-54, 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

[[Page 81469]]

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 August 17, 2011 (76 FR 50992-50993, Docket No. 
APHIS-2011-0078), in which we announced the availability, for review 
and comment, of a PRA that evaluated the risks associated with the 
importation into the continental United States of fresh shredded 
lettuce (Lactuca sativa L.) from Egypt. The PRA consisted of a risk 
assessment identifying pests of quarantine significance that could 
follow the pathway of importation of fresh shredded lettuce from Egypt 
into the United States and a risk management document identifying 
phytosanitary measures to be applied to that commodity to mitigate the 
pest risk. We solicited comments on the notice for 60 days ending on 
October 17, 2011. We received two comments by that date.
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    \1\ To view the notice, the PRA, and the comments we received, 
go to http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0078.
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    One comment from a private citizen who opposed the importation of 
shredded lettuce from Egypt into the United States did not address any 
specific aspect of the PRA.
    The other comment, submitted by an agricultural official 
representing the State of Florida, questioned the efficacy of the post-
harvest phytosanitary measures we included in the PRA. The commenter 
agreed with the PRA that lettuce from Egypt is potentially a host for 
several species of destructive leaf miners but stated that the 
phytosanitary measure of shredding lettuce does not remove the risk of 
their introduction into the United States. The commenter requested that 
shipments of shredded lettuce from Egypt not be permitted entry into 
Florida until the shipping protocol has had time to demonstrate the 
effectiveness of the mitigation measures listed in the PRA.
    Only commercial consignments of shredded lettuce will be allowed to 
be imported from Egypt. Commercial consignments, as defined in Sec.  
319.56-2, are consignments that an inspector identifies as having been 
imported for sale and distribution. Produce grown commercially is less 
likely to be infested with plant pests than noncommercial consignments. 
Noncommercial consignments are more prone to infestations because the 
commodity is often ripe to overripe, could be of a variety with unknown 
susceptibility to pests, and is often grown with little or no pest 
control.
    We identified in the PRA 12 pests of quarantine significance for 
lettuce from Egypt that are highly unlikely to follow the pathway due 
to the standard post-harvest processing practices applied to commercial 
consignments of shredded lettuce from Egypt. Although these 11 
arthropods and 1 mollusk affect lettuce leaves, we took into account 
the standard commercial post-harvest procedures of: (1) Removing outer 
leaves; (2) visual inspection and culling, with cutting; (3) shredding; 
and (4) washing and centrifuging. We concluded that these procedures 
sufficiently mitigate the risk of introducing leaf miners or other 
plant pests through the importation of shredded lettuce from Egypt. The 
commenter provided no evidence to indicate that these measures would 
not effectively mitigate the pest risk.
    Consignments of shredded lettuce from Egypt will also be required 
to be accompanied by a phytosanitary certificate of inspection and pest 
freedom issued by the national plant protection organization (NPPO) of 
Egypt, with an additional declaration stating that the shredded lettuce 
in the consignment had been inspected and found free from quarantine 
pests. This condition provides additional assurances that the 
commercial production process has removed quarantine pests from the 
commodity.
    For these reasons, APHIS has concluded that the mitigations 
described will effectively mitigate the pest risk associated with 
shredded lettuce imported from Egypt. Accordingly, 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 authorize the 
importation into the continental United States of fresh shredded 
lettuce from Egypt subject to the following phytosanitary measures:
     The shredded lettuce must be imported in commercial 
consignments only.
     Each consignment of shredded lettuce leaves must be 
accompanied by a phytosanitary certificate issued by the national plant 
protection organization of Egypt with an additional declaration stating 
the following: ``Shredded lettuce leaves in this consignment were 
inspected and found free from quarantine pests.''
    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, shredded lettuce from Egypt 
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 19th day of December 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-33207 Filed 12-27-11; 8:45 am]
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