[Federal Register Volume 75, Number 91 (Wednesday, May 12, 2010)]
[Notices]
[Pages 26707-26708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11438]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2009-0097]
Notice of Decision to Issue Permits for the Importation of Fresh
Pomegranates and Baby Kiwi from Chile into the 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 begin issuing
permits for the importation into the continental United States of fresh
pomegranates and fresh baby kiwi from Chile. Based on the findings of
pest risk analyses, 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 pomegranates and fresh baby
kiwi from Chile.
EFFECTIVE DATE: May 12, 2010.
FOR FURTHER INFORMATION CONTACT: For information concerning
pomegranates from Chile, contact Mr. Tony Rom[aacute]n, Regulatory
Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS,
4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 734-5820.
For information concerning baby kiwi fruit from Chile, contact Mr.
David B. Lamb, Import Specialist, Regulatory Coordination and
Compliance, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-
1236; (301) 734-0627.
SUPPLEMENTARY INFORMATION: Under the regulations in ``Subpart-Fruits
and Vegetables'' (7 CFR 319.56 through 319.56-50, 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 February 9, 2010 (75 FR 6344-6345, Docket No.
APHIS-2009-0097), in which we announced the availability, for review
and comment, of two pest risk analyses that evaluate the
[[Page 26708]]
risks associated with the importation into the continental United
States of fresh figs, pomegranates, and baby kiwi fruit from Chile. We
solicited comments on the notice for 60 days ending on April 12, 2010.
We received 25 comments by that date, from port terminal operators,
growers' associations, trade associations, a fumigation service, a
State agriculture department, a foreign Government agency, a foreign
trade association, and several produce importers, exporters, and
wholesalers. Most of the commenters agreed that the mitigation measures
described in the pest risk analysis would be adequate. However, three
commenters raised concerns about the pest risk analyses or proposed
mitigation measures. These concerns are discussed below.
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\1\ To view the notice and the comments we received, go to
(http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0097).
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One commenter raised several concerns regarding the risks
associated with the importation of fresh figs from Chile. In order to
give ourselves adequate time to explore the issues raised by the
commenter, we are delaying our decision on figs and will address only
pomegranates and baby kiwi from Chile in this notice. Our decision with
respect to fresh figs from Chile will be announced in a later notice.
Two commenters stated that APHIS should conduct assessments at
regular intervals to ensure that Chilean pomegranates remain safe from
the Mediterranean fruit fly (Medfly).
APHIS does not believe that this is necessary. We currently
recognize all of Chile, with the exceptions of the provinces of Arica
and Parinacota, as free of Medfly. Furthermore, on February 1, 2010, we
published a notice in the Federal Register (75 FR 5034-5035, Docket No.
APHIS-2009-0082) in which we announced our determination that Arica and
Parinacota Provinces are free from Medfly and solicited comments on
that determination. We received only supportive comments on this
announcement and intend to proceed with a followup notice formalizing
this determination. This will result in all of Chile being recognized
as a pest-free area for Medfly. Until the decision is implemented,
APHIS will allow export of pomegranates only from areas of Chile
currently recognized as free of Medfly. Commercial consignments must
have a phytosanitary certificate with an additional declaration stating
that the fruit comes from an area found free of Medfly.
The same commenter endorsed the use of methyl bromide as a
treatment to mitigate the risks associated with the Chilean false red
mite (Brevipalpis chilensis) but went on to suggest that APHIS develop
a quarantine program that could be implemented in the event that pest
should enter the United States.
APHIS does not believe it is necessary to develop a quarantine
program as a precautionary measure. APHIS has established protocols
that we use to guide our response to incursions of new plant pests.
One commenter questioned whether our estimate of the number of
hectares of pomegranate production in Chile was accurate. The commenter
stated that U.S. pomegranate growers had observed larger areas under
cultivation than were estimated in our pest risk analysis.
In our pest risk analysis, we stated that Chile had 150 hectares of
pomegranate cultivation in zones III and IV, that is, in Atacama and
Coquimbo provinces, in 2007. According to the Association of Chilean
Exporters, Chile currently has 300 hectares of pomegranates in
production at present. It is possible that Chile has a greater number
of hectares under cultivation, but that some of those orchards are not
yet mature and thus are not considered to be in production.
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 of fresh
pomegranates and baby kiwi from Chile subject to the following
phytosanitary measures:
Each shipment of pomegranates or baby kiwi must be
accompanied by a phytosanitary certificate. For shipments of
pomegranates, the phytosanitary certificate must also bear the
following additional declaration: ``The pomegranates in this
consignment originated in an area free of Mediterranean fruit fly
(Ceratitis capitata).'' The phytosanitary certificate or phytosanitary
certificate with additional declaration must be issued by the national
plant protection organization of Chile.
The shipment must be fumigated with methyl bromide using
treatment schedule T-101-i-2-1 in accordance with 7 CFR part 305.
The pomegranates or baby kiwi must be a commercial
consignment as defined in 7 CFR 319.56-2.
These conditions will be listed in the Fruits and Vegetables Import
Requirements database (available at (http://www.aphis.usda.gov/favir))
. In addition to those specific measures, the fresh pomegranates and
baby kiwi will be subject to the general requirements listed in Sec.
319.56-3 that are applicable to the importation of all fruits and
vegetables.
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 10\th\ day of May, 2010.
Kevin Shea
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-11438 Filed 5-12-10; 7:26 am]
BILLING CODE 3410-34-S