[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Rules and Regulations]
[Pages 58470-58471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23346]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2009-0100]
RIN 0579-AD35


Irradiation Treatment; Location of Facilities in the Southern 
United States; Technical Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: In a final rule that was published in the Federal Register on 
July 20, 2012, and effective on August 20, 2012, we amended the 
phytosanitary treatment regulations to, among other things, allow for 
irradiation treatment of mangoes from India upon arrival in the 
mainland United States rather than just at the point of origin. In the 
final rule, we neglected to amend the inspection requirements to 
address shipments that are treated upon arrival in the United States 
and not at the point of origin. This document corrects that error.

DATES: Effective Date: September 21, 2012.

FOR FURTHER INFORMATION CONTACT: Dr. Inder P. S. Gadh, Senior Risk 
Manager-Treatments, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 
20737-1236; (301) 851-2018.

SUPPLEMENTARY INFORMATION: The phytosanitary treatment regulations 
contained in 7 CFR part 305 (referred to below as the regulations) set 
out the general requirements for performing treatments and certifying 
or approving treatment facilities for fruits, vegetables, and other 
articles to prevent the introduction or dissemination of plant pests or 
noxious weeds into or through the United States. The Animal and Plant 
Health Inspection Service (APHIS) of the U.S. Department of Agriculture 
administers these regulations.
    In a final rule \1\ published in the Federal Register on July 20, 
2012 (77 FR 4261-4265, Docket No. APHIS-2009-0100), with an effective 
date of August 20, 2012, we amended the regulations in Sec.  319.56-46 
to allow for irradiation treatment of mangoes from India upon arrival 
in the mainland United States rather than just at the point of origin.
---------------------------------------------------------------------------

    \1\ To view the final rule and related documents, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2009-0100.
---------------------------------------------------------------------------

    Paragraph (c) of Sec.  319.56-46 indicates that each consignment of 
mangoes must be inspected jointly by APHIS and the national plant 
protection organization (NPPO) of India as part of the required 
preclearance inspection activities. Paragraph (e) of Sec.  319.56-46 
also indicates that joint inspection by APHIS and the NPPO of India is 
required. While joint inspection and preclearance are practical when 
irradiation treatment is applied in the country of origin, it is more 
useful and cost effective for the NPPO of India to inspect the fruit in 
India and for APHIS to inspect the fruit upon arrival in the United 
States when irradiation treatment is applied in the United States. This 
also ensures compliance with the standard \2\ of the International 
Plant Protection Convention, of which the United States is a 
contracting party, of applying the least restrictive measures resulting 
in the minimal impact to trade while effectively managing plant pest 
risks. We are therefore removing the words ``jointly'' and 
``preclearance'' from Sec.  319.56-46(c) and the word ``jointly'' from 
Sec.  319.56-46(e) to allow inspections to occur separately in India 
and the United States when appropriate.
---------------------------------------------------------------------------

    \2\ International Standard for Phytosanitary Measures (ISPM) 
Number 1. To view this and other ISPMS on the Internet, go to http://www.ippc.int/IPP/En/default.jsp and click on the ``Adopted 
Standards'' link under the ``Core Activities'' heading.
---------------------------------------------------------------------------

List of Subjects in 7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.


[[Page 58471]]


    Accordingly, we are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

    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.


Sec.  319.56-46  [Amended]

0
2. Section Sec.  319.56-46 is amended as follows:
0
a. In paragraph (c), by removing the words ``jointly'' and 
``preclearance''.
0
b. In paragraph (e), by removing the word ``jointly''.

    Done in Washington, DC, this 17th day of September 2012.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-23346 Filed 9-20-12; 8:45 am]
BILLING CODE 3410-34-P