```

[Federal Register Volume 76, Number 144 (Wednesday, July 27, 2011)]
[Notices]
[Pages 44890-44891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19036]

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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2011-0015]

Notice of Decision To Authorize the Importation of Garlic From 
the European Union and Other Countries

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 garlic from the 
European Union and other countries. Based on the findings of a 
commodity import evaluation document, 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 
garlic from the European Union and other countries.

DATES: Effective Date: July 27, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Tony Rom[aacute]n, Import 
Specialist, Plant Protection and Quarantine, APHIS, 4700 River Road, 
Unit 133, Riverdale, MD 20737-1236; (301) 734-5820.

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 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 (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 15279-15280, Docket No. 
APHIS-2011-0015), in which we announced the availability, for review 
and comment, of a commodity import evaluation document (CIED) that 
evaluates the risks associated with the importation into the 
continental United States of fresh garlic from the European Union (EU) 
and other countries. For the purposes of this document, the EU and 
other countries refers to Algeria, Armenia, Austria, Azerbaijan, 
Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, 
Egypt, Estonia, Georgia, Germany, Greece, Hungary, Israel, Kazakhstan, 
Kyrgyzstan, Latvia, Lebanon, Lithuania, the Republic of Macedonia, 
Moldova, Montenegro, Morocco, Palestine Authority, Portugal, Romania, 
Russian Federation, Serbia, Slovakia, Slovenia, Switzerland, Syria, 
Tajikistan, Turkey, Turkmenistan, Ukraine, and Uzbekistan.
---------------------------------------------------------------------------

    \1\ To view the notice, the CIED, and the comments we received, 
go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2011-0015.
---------------------------------------------------------------------------

    These countries are currently authorized to export garlic (dry 
bulbs, no green leaves) to the United States only if the commodity 
undergoes vacuum fumigation for the weevil pests Brachycerus spp. and 
Dyspessa ulula.
    Three countries, France, Italy, and Spain, are exempt from the 
required fumigation. Imports of garlic from France are allowed with a 
phytosanitary certificate (PC) containing an additional declaration 
that the garlic was inspected and found free from Brachycerus spp. and 
Dyspessa ulula. Similarly, the regulations in Sec.  319.56-13 provide 
that imports of garlic from Italy and Spain are approved if the garlic 
is accompanied by a PC which contains an additional declaration that 
the garlic has been inspected by the national plant protection 
organization of the exporting country and found free of Brachycerus 
spp. and Dyspessa ulula, based on field inspection and reexamination at 
the port of export. Based on the evidence presented in the CIED, we 
determined that the measures currently in place for garlic imported 
from France, Italy, and Spain are adequate to manage pest risks

[[Page 44891]]

associated with garlic from the EU and other countries.
    We solicited comments on the notice for 60 days ending on May 20, 
2011. We received three comments by that date. They were from an 
association of garlic producers, a State agricultural agency, and a 
governmental organization. One commenter was in favor of allowing the 
importation of garlic from the EU and other countries under the 
conditions described in the CIED. The remaining comments are discussed 
below.
    Two commenters expressed concern that visual inspection and a 
phytosanitary certificate may not be sufficient to prevent the 
potential accidental introduction of the two weevils (Brachycerus spp. 
and Dyspessa ulula) into the United States. One of these commenters 
recommended the continued use of vacuum fumigation of garlic bulbs 
originating from countries where these weevils occur because larvae 
develop within garlic bulbs and could easily go undetected by visual 
inspection.
    As mentioned in the CIED published with the previous notice, garlic 
infested with Brachycerus spp. or D. ulula is likely to be detected 
during inspection. Garlic heads infested with D. ulula have large 
internal cavities and darkened holes, often with secondary mold. The 
cloves may be completely eaten, leaving only the outer coverings of the 
garlic head with the larval excrements, and a strongly attacked batch 
of garlic can be detected by a weight shortage (between 40 percent and 
80 percent of the normal weight).
    Regarding the risk of introducing Brachycerus spp. via the 
importation of garlic, Brachycerus spp. are rarely intercepted even in 
passenger baggage, with only 16 interceptions from all countries, all 
sources, over a 27-year period. When they are present, adult females 
lay clusters of eggs in holes chewed in the garlic bulb. Brachycerus 
spp. larvae bore into the garlic bulb, leaving bulging lumps, holes, 
frass, and fungal decay, while mature larvae are often visible 
externally. Because Brachycerus spp. cause noticeable damage to the 
commodity, garlic bulbs infested with this pest would be culled during 
packing processes or identified during inspection by the NPPO in the 
originating country and, therefore, are unlikely to be included in 
shipments. The symptoms of Brachycerus spp. infestation can also be 
readily inspected for at the port of entry into the United States.
    One commenter also stated that APHIS provided no technical or 
scientific reason to revise regulations and no underlying, scientific, 
or technical basis for the historical fumigation exemption for France, 
Italy, and Spain. The commenter noted that pests have been intercepted 
in shipments of fresh garlic from countries currently allowed to ship 
without fumigation and that removing the fumigation requirement because 
the interceptions have been infrequent is inappropriate.
    Although we do not have the background for the exemptions afforded 
to these countries, we can conclude that the decision was based on a 
historical lack of pest detections. Garlic from Spain and Italy has 
been allowed entry into the United States without methyl bromide 
fumigation since at least 1972. Garlic from France has been imported 
under similar restrictions for some time as well. Although pests have 
been found on garlic imported from these countries, such interceptions 
have occurred very rarely and these pests have not been introduced into 
the United States since importation of garlic from these countries 
began. Our experience inspecting garlic from France, Italy, and Spain, 
as reflected in the pest interception data, suggests that visual 
inspection is sufficient to mitigate the risks of introducing or 
disseminating plant pests or noxious weeds via the importation of 
garlic into the continental United States.
    For these reasons, APHIS has concluded that commercial garlic for 
export from the EU and other countries is unlikely to contain the 
identified quarantine pests and any pests associated with this 
commodity would be detected by inspection. Accordingly, we have 
determined that no changes to the CIED are necessary based on these 
comments.
    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 garlic from the 
European Union and other countries subject to the following 
phytosanitary measures:
     The garlic must be accompanied by a phytosanitary 
certificate with an additional declaration attesting freedom from 
Brachycerus spp. and Dyspessa ulula.
     The garlic may be imported into the continental United 
States in commercial consignments only.
    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, garlic from the European Union 
and other countries 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 22nd day of July 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-19036 Filed 7-26-11; 8:45 am]
BILLING CODE 3410-34-P
```