[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Notices]
[Pages 16620-16621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07231]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2014-0008]


Notice of Decision To Authorize the Importation of Fresh Figs 
From Mexico Into the Continental United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public of our decision to authorize the 
importation of fresh figs from Mexico into the continental United 
States. Based on the findings of a pest risk analysis, which we made 
available to the public to review and comment through a previous 
notice, we have concluded 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 figs from Mexico.

DATES: Effective March 30, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. George Apgar Balady, Senior 
Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road Unit 133, 
Riverdale, MD 20737-1231; (301) 851-2240.

SUPPLEMENTARY INFORMATION: Under the regulations in ``Subpart--Fruits 
and Vegetables'' (7 CFR 319.56-1 through 319.56-71, 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, can be safely imported subject to one or more of the 
designated phytosanitary measures listed in paragraph (b) of that 
section.
    In accordance with that process, we published a notice \1\ in the 
Federal Register on June 12, 2014 (79 FR 33716-33717, Docket No. APHIS-
2014-0008), in which we announced the availability, for review and 
comment, of a pest list and risk management document (RMD) regarding 
the risks associated with the importation into the continental United 
States of fresh figs from Mexico.
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    \1\ To view the notice, pest list, RMD, and comments we 
received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-
2014-0008.
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    We solicited comments on the pest list and RMD for 60 days, ending 
on August 11, 2014. We received three comments by that date, from an 
exporter, an organization of State plant regulatory agencies, and a 
State department of agriculture. The comments are discussed below.
    The pest list identified six quarantine pests that are likely to 
follow the pathway of fresh figs imported from Mexico into the 
continental United States: Anastrepha fraterculus, A. ludens, A. 
serpentina, Ceratitis capitata, Maconellicoccus hirsutus, and 
Nipaecoccus viridis.
    Two commenters acknowledged that the mitigation measures described 
in the RMD would likely be enough to mitigate the risks of all six 
quarantine pests, but requested that figs from Mexico not be 
distributed in Florida due to the risk of an accidental or incidental 
introduction of quarantine pests into the State.
    As described in the RMD, we are requiring figs from Mexico to be 
treated with irradiation to neutralize all plant pests of the class 
Insecta. Section 305.9 specifies the requirements for the irradiation 
of imported commodities. These requirements provide effective 
safeguards for articles irradiated either prior to or after arrival in 
the United States. In addition, each consignment is subject to 
inspection at the U.S. ports of entry and must be found free of all 
quarantine pests. We are confident that these requirements will 
adequately mitigate the risks associated with the importation of fresh 
figs from Mexico.
    One commenter asked what phytosanitary measures would apply to figs 
exported from fruit fly-free areas of Mexico and whether those 
treatments will negate the figs' organic status.
    Under Sec.  319.56-5, certain fruits and vegetables may be imported 
into the United States provided that the fruits or vegetables originate 
from an area that is free of a specific pest or pests. As such, figs 
produced in fruit fly-free areas of Mexico would be eligible for 
importation into the United States without treatment for fruit flies. 
However, the figs would be subject to the labeling, certification, and 
safeguarding requirements of Sec.  319.56-5(e), the general 
requirements in Sec.  319.56-3, and would have to be inspected and 
found free of M. hirsutus and N. viridis.
    Therefore, in accordance with Sec.  319.56-4(c)(2)(ii), we are 
announcing our decision to authorize the importation of fresh figs from 
Mexico into the continental United States subject to the following 
phytosanitary measures:
    <bullet> The figs may be imported into the continental United 
States in commercial consignments only.
    <bullet> The figs must be irradiated in accordance with 7 CFR part 
305 with a minimum absorbed dose of 150 Gy.
    <bullet> If irradiation treatment is applied outside the United 
States, each consignment of fruit must be jointly inspected by APHIS 
and the national plant protection organization (NPPO) of Mexico and 
accompanied by a phytosanitary certificate (PC) attesting that the 
fruit received the required irradiation treatment. The PC must also 
include an additional declaration stating that the consignment was 
inspected and found free of M. hirsutus and N. viridis.
    <bullet> If irradiation treatment is applied upon arrival in the 
United States, each consignment of fruit must be inspected by the NPPO 
of Mexico prior to

[[Page 16621]]

departure and accompanied by a PC attesting that the fruit was 
inspected and found free of M. hirsutus and N. viridis.
    <bullet> The commodity is subject to inspection 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, figs from Mexico 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 25th day of March 2015.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-07231 Filed 3-27-15; 8:45 am]
 BILLING CODE 3410-34-P