Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices 44571 

1To view the notice, the pest risk analyses, and 

the comments we received, go to http:// 

www.regulations.gov/fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2010-0114. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2010–0114] 

Notice of Decision To Authorize the 

Importation of Fresh Edible Flowers of 

Izote, Immature Inflorescences of 

Pacaya, Immature Inflorescences of 

Chufle, and Fresh Leaves of Chipilin 

From El Salvador 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 edible flowers of izote, 

immature inflorescences of pacaya, 

immature inflorescences of chufle, and 

fresh leaves of chipilin from El 

Salvador. Based on the findings of four 

pest risk analyses, 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 edible flowers of 

izote, immature inflorescences of 

pacaya, immature inflorescences of 

chufle, and fresh leaves of chipilin from 

El Salvador. 

DATES: Effective Date: July 26, 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 319.56–50, 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, 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 pest 

risk analysis 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 pest 

risk analysis; (2) the comments on the 

pest risk analysis revealed that no 

changes to the pest risk analysis were 

necessary; or (3) changes to the pest risk 

analysis 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 January 25, 2011 (76 FR 

4278–4279, Docket No. APHIS–2010– 

0114), in which we announced the 

availability, for review and comment, of 

four pest risk analyses that evaluate the 

risks associated with the importation 

into the continental United States of 

edible fresh flowers of izote (Yucca 

guatemalensis Baker), immature 

inflorescences of pacaya (Chamaedorea 

tepejilote Liem.), immature 

inflorescences of chufle (Calathea 

macrosepala K. Schumm), and fresh 

leaves of chipilin (Crotalaria 

longirostrata Hook and Arn.) from El 

Salvador. We solicited comments on the 

notice for 60 days ending on March 28, 

2011. We received three comments by 

that date, from a State department of 

natural resources, a State department of 

agriculture, and the Guatemalan 

department of agriculture. 

One commenter asked that we expand 

the pest risk analyses to allow for the 

importation of fresh edible flowers of 

izote, immature inflorescences of 

pacaya, immature inflorescences of 

chufle, and fresh leaves of chipilin from 

Guatemala in addition to El Salvador. 

APHIS would be willing to work with 

the national plant protection 

organization (NPPO) of Guatemala in 

regards to this issue. In order for those 

commodities to be considered for 

importation, the Government of 

Guatemala must submit a formal request 

to APHIS, followed by submission of the 

information required in 7 CFR 319.5(d) 

by the Guatemalan NPPO. 

The remaining commenters raised 

concerns regarding the risks associated 

with the importation of fresh leaves of 

chipilin, fresh flowers of izote, and 

immature inflorescences of pacaya from 

El Salvador. One commenter stated that 

fresh leaves of chipilin from El Salvador 

should not be allowed into the United 

States since chipilin, as a legume, may 

serve as a potential host for soybean rust 

or other diseases or pests of soybeans. 

The commenter additionally opposed 

importation of fresh leaves of chipilin if 

chipilin has the potential to become 

established as an invasive species. 

Fresh leaves of chipilin were 

identified as a potential host for the 

soybean rusts Phakopsora meibomiae 

and Uromyces crotalariae in the pest 

risk analysis for that commodity. The 

phytosanitary risks posed by these pests 

are addressed with the following 

mitigations: (1) Each consignment of 

fresh leaves of chipilin must be 

inspected by the NPPO of El Salvador 

and accompanied by a phytosanitary 

certificate issued by the NPPO stating 

that the fresh leaves of chipilin in that 

consignment have been inspected and 

found free of Phakopsora meibomiae 

and Uromyces crotalariae; and (2) Each 

shipment is subject to inspection upon 

arrival at the port of entry in the United 

States. Rust symptoms, which consist of 

tan to reddish brown lesions, are 

macroscopic in nature and may be 

easily found during inspections. If the 

commenter is aware of additional 

diseases or pests of fresh leaves of 

chipilin that were not included in the 

pest risk analysis, we would consider 

this new information for further 

analysis. In addition, since we will be 

importing only nonpropagative fresh 

leaves of chipilin for consumption, we 

consider the risk of potential 

establishment of chipilin as an invasive 

species to be negligible. 

The second commenter did not 

support the importation of fresh flowers 

of izote from El Salvador. The 

commenter stated that there were no 

mitigation measures listed in the PRA 

for the gray pineapple mealybug 

(Dysmicoccus neobrevipes). In addition, 

the commenter did not support the 

importation of immature inflorescences 

of pacaya from El Salvador. The 

commenter stated that there were 

similarly no mitigation measures 

identified in the PRA for the bean slug 

(Sarasinula plebeia). 

Both the gray pineapple mealybug 

and the bean slug are covered in our risk 

management documents. The 

phytosanitary risks posed by these pests 

are addressed by the following 

mitigations: (1) Each consignment of 

fresh flowers of izote or immature 

inflorescences of pacaya must be 

inspected by the NPPO of El Salvador 


sroberts on DSK5SPTVN1PROD with NOTICES
44572 Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices 

and accompanied by a phytosanitary 

certificate issued by the NPPO stating 

that the fresh flowers of izote or 

immature inflorescences of pacaya in 

that consignment have been inspected 

and found free of the gray pineapple 

mealybug or the bean slug; and (2) Each 

shipment is subject to inspection upon 

arrival at the port of entry in the United 

States. Inspection is considered effective 

at finding external feeding pests such as 

the gray pineapple mealybug and the 

bean slug and excluding infested 

shipments from entering commerce. The 

symptoms of such infestations are 

macroscopic in nature. Gray pineapple 

mealybug infestation causes wilt, which 

is characterized by discoloration of 

leaves to yellows or reds and the loss of 

rigidity in leaves. Bean slug infestation 

is accompanied by leaf damage, which 

is the result of feeding. 

Therefore, in accordance with the 

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

announcing our decision to authorize 

the importation into the United States of 

fresh edible flowers of izote, immature 

inflorescences of pacaya, immature 

inflorescences of chufle, and fresh 

leaves of chipilin from El Salvador 

provided that: 

• The flowers, immature 

inflorescences, or leaves are subject to 

inspection upon arrival in the United 

States and comply with all applicable 

provisions of 319.56–3; 

• The flowers, immature 

inflorescences, or leaves are inspected 

in the country of origin by an inspector 

or an official of the NPPO of El 

Salvador, and have been found free of 

one or more specific quarantine pests 

identified by the risk assessment as 

likely to follow the import pathway; and 

• The flowers, immature 

inflorescences, or leaves are imported as 

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, the 

fresh edible flowers of izote, immature 

inflorescences of pacaya, immature 

inflorescences of chufle, and fresh 

leaves of chipilin from El Salvador will 

be subject to the general requirements 

listed in 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 20th day of 

July 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–18848 Filed 7–25–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2011–0072] 

Plants for Planting Whose Importation 

Is Not Authorized Pending Pest Risk 

Analysis; Notice of Availability of Data 

Sheets for Taxa of Plants for Planting 

That Are Quarantine Pests or Hosts of 

Quarantine Pests 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public 

that we have determined that 41 taxa of 

plants for planting are quarantine pests 

and 107 taxa of plants for planting are 

hosts of 13 quarantine pests and 

therefore should be added to our lists of 

taxa of plants for planting whose 

importation is not authorized pending 

pest risk analysis. We have prepared 

data sheets that detail the scientific 

evidence we evaluated in making the 

determination that the taxa are 

quarantine pests or hosts of quarantine 

pests. We are making these data sheets 

available to the public for review and 

comment. 

DATES: We will consider all comments 

that we receive on or before September 

26, 2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2011-0072- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2011–0072, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

The data sheets and any comments we 

receive may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2011-0072 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) 690–2817 

before coming. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Arnold Tschanz, Senior Plant 

Pathologist/Senior Risk Manager, Plants 

for Planting Policy, RPM, PPQ, APHIS, 

4700 River Road Unit 133, Riverdale, 

MD 20737–1236; (301) 734–0627. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the regulations in ‘‘Subpart— 

Plants for Planting’’ (7 CFR 319.37 

through 319.37–14, 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 

plants for planting (including living 

plants, plant parts, seeds, and plant 

cuttings) to prevent the introduction of 

quarantine pests into the United States. 

Quarantine pest is defined in § 319.37– 

1 as a plant pest or noxious weed that 

is of potential economic importance to 

the United States and not yet present in 

the United States, or present but not 

widely distributed and being officially 

controlled. 

In a final rule published in the 

Federal Register on May 27, 2011 (76 

FR 31172–31210, Docket No. APHIS– 

2006–0011), and effective on June 27, 

2011, we established in § 319.37–2a a 

new category of plants for planting 

whose importation is not authorized 

pending pest risk analysis (NAPPRA) in 

order to prevent the introduction of 

quarantine pests into the United States. 

The final rule established two lists of 

taxa whose importation is NAPPRA: A 

list of taxa of plants for planting that are 

quarantine pests, and a list of taxa of 

plants for planting that are hosts of 

quarantine pests. For taxa of plants for 

planting that have been determined to 

be quarantine pests, the list will include 

the names of the taxa. For taxa of plants 

for planting that are hosts of quarantine 

pests, the list will include the names of 

the taxa, the foreign places from which 

the taxa’s importation is not authorized, 

and the quarantine pests of concern. 

The final rule did not add any taxa to 

the NAPPRA lists. 

Paragraph (b) of § 319.37–2a describes 

the process for adding taxa to the 

NAPPRA lists. In accordance with that 

process, this notice announces our 

determination that 41 taxa of plants for 

planting are quarantine pests and 107 

taxa of plants for planting are hosts of 

13 quarantine pests. 

This notice also makes available data 

sheets that detail the scientific evidence 

we evaluated in making the 

determination that the taxa are 

quarantine pests or hosts of a quarantine 


sroberts on DSK5SPTVN1PROD with NOTICES