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[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Notices]
[Pages 7122-7123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3191]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2011-0087]

Notice of Decision To Authorize the Importation of Pomegranate 
From India 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 pomegranate 
fruit from India. 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 pomegranate fruit from India.

DATES: Effective date: February 10, 2012.

FOR FURTHER INFORMATION CONTACT: Ms. Donna L. West, Senior Import 
Specialist, RPM, PHP, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, 
MD 20737; (301) 734-0627.

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-54, 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 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 September 29, 2011 (76 FR 60450, Docket No. APHIS-
2011-0087), 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 pomegranate 
fruit (Punica granatum L.) from India. We solicited comments on the 
notice for 60 days ending on November 28, 2011. We did not receive any 
comments by that date. 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 pomegranate 
fruit from India subject to the following phytosanitary measures:
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    \1\ To view the notice and the PRA, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0087.
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     The fresh pomegranate fruit may be imported into the 
continental United States in commercial consignments only;
     The fresh pomegranate fruit 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 pomegranate fruit must be jointly 
inspected by APHIS and the national plant protection organization 
(NPPO) of India and accompanied by a phytosanitary certificate 
attesting that the fruit received the required irradiation treatment 
and was inspected and found free of the mite Tenuipalpus granati, the 
false spider mite Tenuipalpus punicae, and the bacterium Xanthomonas 
axonopodis pv. punicae;
     If irradiation is applied upon arrival in the United 
States, each consignment of fresh pomegranate fruit must be inspected 
by the NPPO of India prior to departure and accompanied by a 
phytosanitary certificate with an additional declaration that the fruit 
was inspected and found free of the mite Tenuipalpus granati, the false 
spider mite Tenuipalpus punicae, and the bacterium Xanthomonas 
axonopodis pv. punicae; and
     The fresh pomegranate fruit is subject to inspection upon 
arrival at the U.S. port of entry.

[[Page 7123]]

    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 pomegranate fruit from 
India 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 6th day of February 2012.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-3191 Filed 2-9-12; 8:45 am]
BILLING CODE 3410-34-P
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