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[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Pages 1825-1826]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00194]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2012-0004]

Importation of Fresh Barhi Dates From Israel Into the United 
States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public that we have prepared a pest risk 
analysis that evaluates the risks associated with the importation of 
fresh dates of the cultivar Barhi from Israel into the United States. 
Based on that analysis, we have concluded that the application of one 
or more designated phytosanitary measures will be sufficient to 
mitigate the pest risk. In addition, we are advising the public that we 
have prepared a treatment evaluation document that describes a new 
treatment schedule for Ceratitis capitata in Barhi dates. We are making 
the pest risk assessment and treatment evaluation document available to 
the public for review and comment.

DATES: We will consider all comments that we receive on or before March 
11, 2013.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS 2012-0004-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2012-0004, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS 2012-
0004 or in our reading room, which is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Mr. Marc Phillips, Import Specialist, 
Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road 
Unit 156, Riverdale, MD 20737; (301) 851-2114.

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-57), the Animal and Plant Health Inspection 
Service (APHIS) prohibits or restricts the importation of fruits and 
vegetables into the United States from certain parts of the world to 
prevent the introduction and dissemination of plant pests that are new 
to or not widely distributed 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, can be safely imported subject to one or more of the 
designated phytosanitary measures listed in paragraph (b) of that 
section.
    APHIS received a request from the Government of Israel to allow the 
importation of fresh dates (Phoenix dactylifera L.) of the cultivar 
Barhi to be imported into the United States. Currently, fresh Barhi 
dates are not authorized for entry from Israel. We completed a pest 
risk assessment (PRA) to identify pests of quarantine significance that 
could follow the pathway of importation if such imports were to be 
allowed. Based on the PRA, we then completed a risk management document 
(RMD) to identify phytosanitary measures that could be applied to 
mitigate the risks of introducing or disseminating the identified pests 
via the importation of Barhi dates from Israel. We have concluded that 
fresh Barhi dates can safely be imported into the United States from 
Israel using one or more of the five designated phytosanitary measures 
listed in Sec.  319.56-4(b). These measures are that:

[[Page 1826]]

     The dates may be imported into the United States in 
commercial consignments only;
     The dates must be treated in accordance with 7 CFR part 
305 for Ceratitis capitata; and
     The dates must be accompanied by a phytosanitary 
certificate issued by the national plant protection organization of 
Israel stating that the consignment has begun or has undergone 
treatment T107-i, with the additional declaration stating that the 
fruit in the consignment was inspected and found free of Mauginiella 
scaettae.
    Therefore, in accordance with Sec.  319.56-4(c), we are announcing 
the availability of our PRA for public review and comment. The PRA may 
be viewed on the Regulations.gov Web site or in our reading room (see 
ADDRESSES above for instructions for accessing Regulations.gov and 
information on the location and hours of the reading room). You may 
also request paper copies of the PRA by calling or writing to the 
person listed under FOR FURTHER INFORMATION CONTACT. Please refer to 
the subject of the analysis that you wish to review when requesting 
copies.
    After reviewing any comments we receive, we will announce our 
decision regarding the import status of fresh Barhi variety dates from 
Israel in a subsequent notice. If the overall conclusions of the 
analysis and the Administrator's determination of risk remain unchanged 
following our consideration of the comments, then we will authorize the 
importation of fresh Barhi variety dates from Israel into the United 
States subject to the requirements specified in the RMD.

New Treatment

    The phytosanitary treatments regulations contained in part 305 of 7 
CFR chapter III set out standards for treatments required in parts 301, 
318, and 319 of 7 CFR chapter III for fruits, vegetables, and other 
articles.
    In Sec.  305.2, paragraph (b) states that approved treatment 
schedules are set out in the Plant Protection and Quarantine (PPQ) 
Treatment Manual.\1\ Section 305.3 sets out a process for adding, 
revising, or removing treatment schedules in the PPQ Treatment Manual. 
In that section, paragraph (a) sets out the process for adding, 
revising, or removing treatment schedules when there is no immediate 
need to make a change.
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    \1\ The Treatment Manual is available on the Internet at http://www.aphis.usda.gov/import_export/plants/manuals/index.shtml or by 
contacting the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Manuals Unit, 92 Thomas Johnson Drive, 
Suite 200, Frederick, MD 21702.
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    The PPQ Treatment Manual does not currently provide a treatment 
schedule for C. capitata in Barhi variety dates. In accordance with 
Sec.  305.3(a)(1), we are providing notice of a new cold treatment 
schedule T107-i that we have determined is effective against C. 
capitata in Barhi variety dates. The reasons for this determination are 
described in a treatment evaluation document (TED) we have prepared to 
support this action. The TED may be viewed on the Regulations.gov Web 
site or in our reading room. You may also request paper copies of the 
TED by calling or writing to the person listed under FOR FURTHER 
INFORMATION CONTACT.
    After reviewing the comments we receive, we will announce our 
decision regarding the changes to the Treatment Manual that are 
described in the TED in a subsequent notice. If our determination that 
it is necessary to add new treatment schedule T107-i remains unchanged 
following our consideration of the comments, then we will make 
available a new version of the PPQ Treatment Manual that reflects the 
addition of T107-i.

    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 2nd day of January, 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-00194 Filed 1-8-13; 8:45 am]
BILLING CODE 3410-34-P
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