```

[Federal Register Volume 76, Number 144 (Wednesday, July 27, 2011)]
[Notices]
[Pages 44889-44890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19037]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2011-0018]

Notice of Decision To Authorize the Importation of Fresh 
Persimmon From the Republic of South Africa

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: We are advising the public of our decision to authorize the 
importation into the continental United States of fresh persimmon fruit 
from the Republic of South Africa. 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 persimmon fruit from South Africa.

DATES: Effective Date: July 27, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Phillip B. Grove, Regulatory 
Coordinator, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 
River Road Unit 156, Riverdale, MD 20737-1236; (301) 734-6280.

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-51, 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 March 21, 2011 (76 FR 15280, Docket No. APHIS-2011-
0018), 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 persimmon fruit (Diospyros kaki) 
from the Republic of South Africa. We solicited comments on the notice 
for 60 days ending on May 20, 2011. We received one comment by that 
date, from a State agriculture agency.
---------------------------------------------------------------------------

    \1\ To view the notice, the PRA, and the comments we received, 
go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2011-0018.
---------------------------------------------------------------------------

    The commenter stated that the PRA identified nine quarantine pest 
species that could potentially accompany shipments of fresh persimmon 
fruit from the Republic of South Africa into the United States and 
stated that the potential introduction of these pests into the 
commenter's State would pose a risk to the State's agriculture. The 
commenter suggested allowing persimmon fruit from South Africa to be 
shipped to States where the pests do not exist and would be less likely 
to establish in order to evaluate the effectiveness of the recommended 
mitigation measures.
    The PRA, which includes a qualitative, pathway-initiated pest risk 
assessment and a risk management document, not only identifies nine 
quarantine pests that could potentially accompany shipments of fresh 
persimmon fruit from the Republic of South Africa but also identifies 
mitigation measures that will be required for this commodity to be 
imported into any State in the continental United States. The 
mitigation measures for persimmons from South Africa have been 
previously evaluated and proven effective for other commodities, and we 
will continuously monitor the effectiveness of those mitigations with 
port-of-entry inspections. We do not consider it necessary to prohibit 
the importation of a commodity based on identification of quarantine 
pests that could potentially accompany consignments when proven 
mitigations are available for this risk

[[Page 44890]]

and will be required as a condition of importation.
    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 persimmon fruit 
from the Republic of South Africa subject to the following 
phytosanitary measures:
     The persimmon fruit may be imported into the continental 
United States in commercial consignments only.
     The persimmon 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 fruit must be precleared by APHIS 
inspectors in the Republic of South Africa. The persimmon fruit must be 
jointly inspected by APHIS and the national plant protection 
organization (NPPO) of South Africa and accompanied by a phytosanitary 
certificate (PC) attesting that the fruit received the required 
irradiation treatment.
     If the irradiation treatment is to be applied upon arrival 
in the United States, each consignment of fruit must be inspected by 
the NPPO of South Africa prior to departure and accompanied by a PC.
     The commodity is subject to inspection at the U.S. port-
of-entry.
    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, persimmon fruit from the 
Republic of South Africa 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 22nd day of July 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-19037 Filed 7-26-11; 8:45 am]
BILLING CODE 3410-34-P
```