This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

9027 

Vol. 78, No. 26 

Thursday, February 7, 2013 

1To view the notice and the PRA, go to http:// 

www.regulations.gov/#!docketDetail;D=APHIS2012–0005. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2012–0005] 

Notice of Decision To Authorize the 

Importation of Litchi, Longan, and 

Rambutan From the Philippines Into 

the Continental United States 

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 litchi, longan, and 

rambutan fruit from the Philippines. 

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 fruit of litchi, longan, and 

rambutan from the Philippines. 

DATES: Effective Date: February 7, 2013. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Claudia Ferguson, Regulatory Policy 

Specialist, Regulations, Permits, and 

Manuals, PPQ, APHIS, 4700 River Road 

Unit 133, Riverdale, MD 20737–1236; 

(301) 851–2352. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the regulations in ‘‘Subpart— 

Fruits and Vegetables’’ (7 CFR 319.56– 

1 through 319.56–57, 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 6, 2012 (77 FR 

13260–13261, Docket No. APHIS–2012– 

0005), 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 litchi, 

longan, and rambutan fruit from the 

Philippines. We solicited comments on 

the notice for 60 days ending on May 7, 

2012. We did not receive any comments 

by that date. 

Therefore, in accordance with the 

regulations in § 319.56–4(c)(2)(ii), we 

are announcing our decision to 

authorize the importation into the 

continental United States of fresh litchi, 

longan, and rambutan fruit from the 

Philippines subject to the following 

phytosanitary measures: 

• The fresh fruit of litchi, longan, and 

rambutan may be imported into the 

continental United States in commercial 

consignments only; 

• The fresh fruit of litchi, longan, and 

rambutan 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 fruit of litchi, 

longan, and rambutan must be jointly 

inspected by APHIS and the national 

plant protection organization (NPPO) of 

the Philippines and accompanied by a 

phytosanitary certificate attesting that 

the fruit received the required 

irradiation treatment. In the case of 

fresh rambutan fruit, the phytosanitary 

certificate must also include an 

additional declaration stating that the 

consignment was inspected and found 

free of the powdery mildew Oidium 

nephelii; 

• If irradiation is applied upon arrival 

in the United States, each consignment 

of fresh fruit of litchi, longan, and 

rambutan must be inspected by the 

NPPO of the Philippines prior to 

departure. In the case of fresh rambutan 

fruit, the phytosanitary certificate must 

also include an additional declaration 

stating that the consignment was 

inspected and found free of the powdery 

mildew Oidium nephelii; and 

• The fresh fruit of litchi, longan, and 

rambutan are subject to inspection upon 

arrival 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, 

fresh litchi, longan, and rambutan fruit 

from the Philippines will be subject to 

the general requirements listed in 

§ 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 4th day of 

February 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–02776 Filed 2–6–13; 8:45 am] 

BILLING CODE 3410–34–P 

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