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[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Notices]
[Pages 13304-13305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04475]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2012-0009]

Notice of Decision To Issue Permits for the Importation of 
Strawberry Fruit From Egypt 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 begin issuing 
permits for the importation into the continental United States of fresh 
strawberry fruit from Egypt. 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 strawberry fruit from Egypt.

DATES: Effective Date: February 27, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Marc Phillips, Regulatory Policy 
Specialist, Regulations, Permits, and Manuals, PPQ, APHIS, 4700 River 
Road Unit 133, Riverdale, MD 20737-1231; (301) 851-2114.

SUPPLEMENTARY INFORMATION: 

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-58, 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,

[[Page 13305]]

APHIS may begin issuing permits for 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 April 16, 2012 (77 FR 22557-22558, Docket No. 
APHIS-2012-0009), 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 strawberry 
(Fragaria spp.) fruit with calyx and short stalk from Egypt. We 
solicited comments on the notice for 60 days ending on June 15, 2012. 
We received three comments by that date. They were from a State 
department of agriculture, an agricultural research center, and a non-
profit industry representative.
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    \1\ To view the notice, the PRA, and the comments we received, 
go to http://www.regulations.gov/#!docketDetail;D=APHIS-2012-0009.
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    In the PRA, APHIS determined that three plant pests have a high 
risk potential of being introduced into the United States via the 
pathway of fresh strawberry fruit from Egypt. Those pests are: 
Chrysodeixis chalcites, Eutetranychus orientalis, and Spodoptera 
littoralis. The PRA notes that Eutetranychus orientalis could 
potentially avoid detection beneath the calyx of the strawberries due 
to its small size. One commenter cited this potential risk as a 
phytosanitary concern. The commenter stated that they would be willing 
to revisit this issue if current mitigation procedures are proven to be 
effective and without any detections of this mite.
    We acknowledge the risk that this plant pest could potentially 
evade detection and be introduced into the United States in the manner 
referred to by the commenter. However, while the pest itself may 
potentially evade detection by its small size, its presence can be 
detected by visible signs of discoloration and damage to fruits and 
leaves. Additionally, good agricultural practices can effectively 
suppress or eliminate this pest from fields or prevent infestation. 
Successful control programs typically include monitoring, cultural, 
biological, and chemical components, all of which are used as part of 
Egypt's standard pre- and post-harvest practices for the production of 
export strawberries. Moreover, APHIS has permitted the entry of 
commercial strawberries from several countries in Asia, Europe, and 
South America where this pest of concern occurs. Over several decades, 
there has only been one interception of Eutetranychus orientalis in 
strawberry consignments.
    Another commenter stated that the PRA does not provide for adequate 
phytosanitary security against any tetranychid mite.
    In the risk assessment portion of the PRA, the only tetranychid 
species identified as likely to follow the importation pathway was 
Eutetranychus orientalis. For the reasons detailed above, we have 
determined that the application of certain phytosanitary measures 
coupled with standard industry practices will be adequate to mitigate 
the risk posed by this pest. Other tetranychid species identified as 
pests of fresh strawberry were: Tetranychus cinnabarinus (Boisduval), 
Tetranychus ludeni Zacher, Tetranychus neocalendonicus Andr[eacute], 
and Tetranychus urticae Koch, which are reported as being present in 
Egypt, but do not meet the definition of quarantine pests, and 
Tetranychus turkestani, which has been reported as being present in the 
region, but APHIS did not find sufficient evidence the pest is present 
in Egypt. The commenter did not discuss any particular species of 
tetranychid which they believe to be of concern, nor did they present 
evidence contradicting the information presented in the risk 
assessment.
    The third commenter recommended that we adopt specific 
phytosanitary measures to address the pest risks discussed in the PRA.
    APHIS has permitted the entry of commercial strawberries from 
several countries in Asia, Europe, and South America with similar lists 
of pests of concern (e.g., Jordan and Israel). Based on our knowledge 
and experience in relation to importation of fresh strawberry fruit 
from these countries with similar pest lists, we are confident of the 
efficacy of the designated measures in mitigating the phytosanitary 
risks posed by the importation of strawberry from Egypt.
    Finally, the commenter added that we should intensively monitor 
fresh strawberry from Egypt at the port of entry.
    An integral part of standard APHIS phytosanitary practices is 
inspection at the port of entry.
    For these reasons, together with Egypt's use of integrated pest 
management practices in the production of commercial strawberries, 
APHIS has concluded that commercial strawberries for export from Egypt 
are unlikely to contain the identified quarantine pests. Accordingly, 
we have determined that no changes to the PRA are necessary based on 
these comments.
    Therefore, in accordance with the regulations in Sec.  319.56-
4(c)(2)(ii), we are announcing our decision to begin issuing permits 
for the importation into the continental United States of fresh 
strawberry fruit from Egypt subject to the following phytosanitary 
measures:
     The fresh strawberry fruit may be imported into the 
continental United States in commercial consignments only;
     Each consignment of fresh strawberry fruit must be 
inspected by the national plant protection organization of Egypt and 
accompanied by a phytosanitary certificate that includes an additional 
declaration stating that the consignment was inspected and found free 
of Chrysodeixis chalcites, Eutetrancychus orientalis, and Spodoptera 
littoralis; and
     The fresh strawberry fruit is 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 strawberry fruit from 
Egypt 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 20th day of February 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-04475 Filed 2-26-13; 8:45 am]
BILLING CODE 3410-34-P
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