[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Notices]
[Page 5495-5496]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja08-24]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2007-0128]
Notice of Decision to Issue Permits for the Importation of Sweet
Cherries From Australia Into the Continental United States and Hawaii
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
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SUMMARY: We are advising the public of our decision to begin issuing
permits for the importation into the continental United States and
Hawaii of sweet cherries from Australia. 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 sweet cherries from Australia.
EFFECTIVE DATE: January 30, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Donna L. West, Senior Import
Specialist, Commodity Import Analysis and Operations, Plant Health
Programs, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-
1231; (301) 734-8758.
SUPPLEMENTARY INFORMATION: Under the regulations in ``Subpart--Fruits
and Vegetables'' (7 CFR 319.56 through 319.56-47, 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, 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 pest risk
analysis 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 pest risk analysis; (2) the
comments on the pest risk analysis revealed that no changes to the pest
risk analysis were necessary; or (3) changes to the pest risk analysis
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 October 12, 2007 (72 FR 58047-58048, Docket No.
APHIS-2007-0128), in which we announced the availability, for review
and comment, of a pest risk analysis that evaluates the risks
associated with the importation into the continental United States and
Hawaii of sweet cherries from Australia. We solicited comments on the
notice for 60 days ending on December 11, 2007. We received one comment
by that date, from a representative of Australia's Department of
Agriculture, Fisheries and Forestry.
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\1\ To view the notice, the pest risk analysis, and the comment
we received, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0128
.
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The commenter supported the findings of the pest risk analysis, but
noted that her agency has concerns regarding the commercial viability
of one of the treatment options we spelled out for Australian cherries.
The commenter stated that the methyl bromide fumigation followed by
cold treatment is considered by the Australian industry to damage the
fruit and could thus reduce its commercial appeal. Based on those
concerns, the
[[Page 5496]]
commenter urged APHIS to complete its review of the data supporting a
cold treatment-only option for treating cherries. The commenter did
not, however, question the efficacy of the combination treatment or
otherwise suggest that the overall conclusions of the analysis and the
Administrator's determination of risk should be changed.
Therefore, in accordance with the regulations in Sec. 319.56-
4(c)(2)(ii), we are announcing our decision to begin issuing permits
for the importation into the continental United States and Hawaii of
sweet cherries from Australia subject to the following conditions:
The fruit must be part of a commercial consignment as
defined in 7 CFR 319.56-2.
The fruit must either originate from an APHIS-approved
fruit fly free area or be treated in accordance with the phytosanitary
treatments regulations in 7 CFR part 305. This may entail treatment
with T108-a-1/2/3 [fumigation with methyl bromide followed by cold
treatment as provided in 7 CFR 305.10(a)] or irradiation using 150 Gy
as the minimum absorbed dose and meeting all other relevant
requirements in 7 CFR 305.31.
Each consignment must be accompanied by a phytosanitary
certificate issued by the Australian National Plant Protection
Organization (NPPO) certifying that the fruit either received the
required treatment or originated from a fruit fly free area. The NPPO
must also include an additional declaration in the phytosanitary
certificate that states: ``The fruit in this shipment was inspected and
found free of Epiphyas postvittana.''
The fruit will also be subject to inspection at the port
of entry should inspectors determine that such inspection is necessary.
These conditions will be listed in the fruits and vegetables manual
(available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/fv.pdf
). In addition to these specific measures, the
sweet cherries will be subject to the general requirements listed in
Sec. 319.56-3 that are applicable to the importation of all fruits and
vegetables.
Done in Washington, DC, this 25th day of January 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-1682 Filed 1-29-08; 8:45 am]
BILLING CODE 3410-34-P