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

65946 

Vol. 88, No. 185 

Tuesday, September 26, 2023 

1To view the notice and the supporting 

documents, go to www.regulations.gov. Enter 

APHIS–2022–0024 in the Search field. 

2On September 30, 2022, the APHIS Fruits and 

Vegetables Import Requirements (FAVIR) database 

was replaced by the ACIR database. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2022–0024] 

Notice of Decision To Authorize the 

Importation of Fresh Baby Kiwi Fruit 

From France 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 of fresh baby kiwi fruit from 

France into the continental United 

States. Based on findings of a pest risk 

analysis, which we made available to 

the public for review and comment 

through a previous notice, we have 

determined 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 baby kiwi fruit from 

France. 

DATES: Imports may be authorized 

beginning September 26, 2023. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Marc Phillips, Senior Regulatory Policy 

Specialist, PPQ, APHIS, USDA, 4700 

River Road Unit 133, Riverdale, MD 

20737; (301) 851–2114; marc.phillips@

usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the regulations in ‘‘Subpart L– 

Fruits and Vegetables’’ (7 CFR 319.56– 

1 through 319.56–12, referred to below 

as the regulations), 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 plant pests from being 

introduced into or disseminated 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 

proposes to authorize the importation of 

a fruit or vegetable into the United 

States if, based on findings of a PRA, we 

determine that the measures can 

mitigate the plant pest risk associated 

with the importation of that fruit or 

vegetable. APHIS then 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 will issue 

a subsequent Federal Register notice 

announcing whether or not we will 

authorize the importation of the fruit or 

vegetable subject to the phytosanitary 

measures specified in the notice. 

In accordance with that process, we 

published a notice 1 in the Federal 

Register on June 22, 2022 (87 FR 37301– 

37302, Docket No. APHIS–2022–0024) 

in which we announced the availability, 

for review and comment, of a PRA that 

evaluated the risks associated with the 

importation of fresh baby Kiwi fruit 

(Actinidia arguta) from France into the 

continental United States. The PRA 

consisted of a risk assessment 

identifying pests of quarantine 

significance that could follow the 

pathway of the importation of fresh 

baby kiwi fruit into the continental 

United States from France and a risk 

management document (RMD) 

identifying phytosanitary measures to 

be applied to that commodity to 

mitigate the pest risk. 

We solicited comments on the notice 

for 60 days, ending on August 22, 2022. 

We received no comments by that date. 

Therefore, in accordance with 

§ 319.56–4(c)(3)(iii), we are announcing 

our decision to authorize the 

importation into the continental United 

States of fresh baby kiwi fruit from 

France subject to the phytosanitary 

measures identified in the RMD that 

accompanied the initial notice. 

These conditions will be listed in the 

USDA, APHIS Agricultural Commodity 

Import Requirements (ACIR) database 

(https://acir.aphis.usda.gov/s/).2 In 

addition to these specific measures, 

each shipment must be subject to the 

general requirements listed in § 319.56– 

3 that are applicable to the importation 

of all fruits and vegetables. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.), the recordkeeping and burden 

requirements associated with this action 

are included under the Office of 

Management and Budget control 

number 0579–0049. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this notice, please contact Mr. Joseph 

Moxey, APHIS’ Paperwork Reduction 

Act Coordinator, at (301) 851–2483. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this action as not a major 

rule, as defined by 5 U.S.C. 804(2). 

Authority: 7 U.S.C. 1633, 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 21st day of 

September 2023. 

Michael Watson, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2023–20873 Filed 9–25–23; 8:45 am] 

BILLING CODE 3410–34–P 


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