[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Notices]
[Page 65946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20873]


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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 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
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  Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / 
Notices  

[[Page 65946]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2022-0024]


Notice of Decision To Authorize the Importation of Fresh Baby 
Kiwi Fruit From France 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 of fresh baby kiwi fruit from France into the continental 
United States. Based on 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 baby kiwi fruit from France.

DATES: Imports may be authorized beginning September 26, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. Marc Phillips, Senior Regulatory 
Policy Specialist, PPQ, APHIS, USDA, 4700 River Road Unit 133, 
Riverdale, MD 20737; (301) 851-2114; [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart L-Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-12, referred to below as the regulations), the 
Animal and Plant Health Inspection Service (APHIS) 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 or disseminated within the United States.
    Section 319.56-4 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 proposes to authorize the 
importation of a fruit or vegetable into the United States if, based on 
findings of a PRA, we determine that the measures can mitigate the 
plant pest risk associated with the importation of that fruit or 
vegetable. APHIS then 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 will issue a 
subsequent Federal Register notice announcing whether or not we will 
authorize the importation of the fruit or vegetable subject to the 
phytosanitary measures specified in the notice.
    In accordance with that process, we published a notice \1\ in the 
Federal Register on June 22, 2022 (87 FR 37301-37302, Docket No. APHIS-
2022-0024) in which we announced the availability, for review and 
comment, of a PRA that evaluated the risks associated with the 
importation of fresh baby Kiwi fruit (Actinidia arguta) from France 
into the continental United States. The PRA consisted of a risk 
assessment identifying pests of quarantine significance that could 
follow the pathway of the importation of fresh baby kiwi fruit into the 
continental United States from France and a risk management document 
(RMD) identifying phytosanitary measures to be applied to that 
commodity to mitigate the pest risk.
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    \1\ To view the notice and the supporting documents, go to 
www.regulations.gov. Enter APHIS-2022-0024 in the Search field.
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    We solicited comments on the notice for 60 days, ending on August 
22, 2022. We received no comments by that date.
    Therefore, in accordance with Sec.  319.56-4(c)(3)(iii), we are 
announcing our decision to authorize the importation into the 
continental United States of fresh baby kiwi fruit from France subject 
to the phytosanitary measures identified in the RMD that accompanied 
the initial notice.
    These conditions will be listed in the USDA, APHIS Agricultural 
Commodity Import Requirements (ACIR) database (https://acir.aphis.usda.gov/s/).\2\ In addition to these specific measures, 
each shipment must be subject to the general requirements listed in 
Sec.  319.56-3 that are applicable to the importation of all fruits and 
vegetables.
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    \2\ On September 30, 2022, the APHIS Fruits and Vegetables 
Import Requirements (FAVIR) database was replaced by the ACIR 
database.
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Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the recordkeeping and burden requirements associated 
with this action are included under the Office of Management and Budget 
control number 0579-0049.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this notice, please contact Mr. Joseph Moxey, 
APHIS' Paperwork Reduction Act Coordinator, at (301) 851-2483.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this action 
as not a major rule, as defined by 5 U.S.C. 804(2).
    Authority: 7 U.S.C. 1633, 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 21st day of September 2023.
Michael Watson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2023-20873 Filed 9-25-23; 8:45 am]
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