[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Notices]
[Pages 25692-25693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10384]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2012-0004]


Notice of Decision To Authorize the Importation of Fresh Barhi 
Dates From Israel

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 United States of fresh dates of the cultivar Barhi 
from Israel. 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 dates of the cultivar Barhi from Israel. In 
addition, based on the findings of a treatment evaluation document, we 
are advising the public of our decision to add a treatment schedule for 
Ceratitis capitata in Barhi dates to the Plant Protection and 
Quarantine Treatment Manual.

DATES: Effective Date: May 2, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Marc Phillips, Senior Regulatory 
Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 
4700 River Road, Unit 156, Riverdale, MD 20737-1236; (301) 851-2114.

SUPPLEMENTARY INFORMATION: Under the regulations in ``Subpart--Fruits 
and Vegetables'' (7 CFR 319.56-1 through 319.56-58, 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 January 9, 2013 (78 FR 1825-1826, Docket No. APHIS-
2012-0004), in which we announced the availability, for review and 
comment, of a PRA that evaluates the risks associated with the 
importation into the United States of fresh dates (Phoenix dactylifera 
L.) of the cultivar Barhi (referred to below as Barhi dates) from 
Israel.
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    \1\ To view the notice, supporting documents, and the comment we 
received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-
2012-0004.

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[[Page 25693]]

    The phytosanitary treatments regulations contained in part 305 of 7 
CFR chapter III (referred to below as the treatment regulations) set 
out standards for treatments required in parts 301, 318, and 319 of 7 
CFR chapter III for fruits, vegetables, and other articles.
    In Sec.  305.2, paragraph (b) states that approved treatment 
schedules are set out in the Plant Protection and Quarantine (PPQ) 
Treatment Manual.\2\ Section 305.3 sets out a process for adding, 
revising, or removing treatment schedules in the PPQ Treatment Manual. 
In that section, paragraph (a) sets out the process for adding, 
revising, or removing treatment schedules when there is no immediate 
need to make a change.
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    \2\ The Treatment Manual is available on the Internet at http://www.aphis.usda.gov/import_export/plants/manuals/index.shtml or by 
contacting the APHIS PPQ Manuals Unit, 92 Thomas Johnson Drive, 
Suite 200, Frederick, MD 21702.
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    One of the measures that we proposed in the notice to mitigate the 
risk associated with the importation of Barhi dates from Israel was 
treating the dates with cold treatment for Ceratitis capitata. Because 
no such cold treatment schedule for Barhi dates previously existed in 
the PPQ Treatment Manual, in accordance with paragraph (a) of Sec.  
305.3 of the treatment regulations, the notice also announced the 
availability of a treatment evaluation document (TED) that evaluated 
the efficacy of cold treatment for Barhi dates as a mitigation for C. 
capitata, and described a cold treatment schedule for C. capitata in 
Barhi dates that we proposed to add to the PPQ Treatment Manual.
    We solicited comments on the notice for 60 days ending on March 11, 
2013. We received one comment by that date, from a private citizen. The 
commenter supported the importation of Barhi dates from Israel into the 
United States.
    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 United States of fresh Barhi dates from Israel 
subject to the following phytosanitary measures:
     The dates may be imported into the United States in 
commercial consignments only;
     The dates must be treated in accordance with 7 CFR part 
305 for C. capitata; and
     The dates must be accompanied by a phytosanitary 
certificate issued by the national plant protection organization of 
Israel stating that the consignment has begun or has undergone 
treatment T107-i, with the additional declaration stating that the 
fruit in the consignment was inspected and found free of Mauginiella 
scaettae.
    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, Barhi dates from Israel 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.
    In addition, in accordance with the regulations in Sec.  
305.3(a)(2), we are announcing our decision to add a new cold treatment 
schedule T107-i for C. capitata in Barhi dates, as described in the 
TED, to the PPQ Treatment Manual. The new treatment will be listed in 
the PPQ Treatment Manual, which is available at the Web address and 
mailing address in footnote 2 of this document.

    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 26th day of April 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-10384 Filed 5-1-13; 8:45 am]
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