[Federal Register Volume 78, Number 26 (Thursday, February 7, 2013)]
[Notices]
[Page 9027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02776]


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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. 78, No. 26 / Thursday, February 7, 2013 / 
Notices  

[[Page 9027]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2012-0005]


Notice of Decision To Authorize the Importation of Litchi, 
Longan, and Rambutan From the Philippines 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 litchi, longan, 
and rambutan fruit from the Philippines. 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 fruit of litchi, longan, and 
rambutan from the Philippines.

DATES: Effective Date: February 7, 2013.

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) 851-2352.

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-57, 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 March 6, 2012 (77 FR 13260-13261, Docket No. APHIS-
2012-0005), 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 fresh litchi, longan, 
and rambutan fruit from the Philippines. We solicited comments on the 
notice for 60 days ending on May 7, 2012. 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-2012-0005.
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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 fresh litchi, longan, 
and rambutan fruit from the Philippines subject to the following 
phytosanitary measures:
     The fresh fruit of litchi, longan, and rambutan may be 
imported into the continental United States in commercial consignments 
only;
     The fresh fruit of litchi, longan, and rambutan 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 fresh fruit of litchi, longan, and rambutan 
must be jointly inspected by APHIS and the national plant protection 
organization (NPPO) of the Philippines and accompanied by a 
phytosanitary certificate attesting that the fruit received the 
required irradiation treatment. In the case of fresh rambutan fruit, 
the phytosanitary certificate must also include an additional 
declaration stating that the consignment was inspected and found free 
of the powdery mildew Oidium nephelii;
     If irradiation is applied upon arrival in the United 
States, each consignment of fresh fruit of litchi, longan, and rambutan 
must be inspected by the NPPO of the Philippines prior to departure. In 
the case of fresh rambutan fruit, the phytosanitary certificate must 
also include an additional declaration stating that the consignment was 
inspected and found free of the powdery mildew Oidium nephelii; and
     The fresh fruit of litchi, longan, and rambutan are 
subject to inspection upon arrival 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 litchi, longan, and 
rambutan fruit from the Philippines 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 4th day of February 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-02776 Filed 2-6-13; 8:45 am]
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