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[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Notices]
[Pages 50023-50024]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19958]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2012-0053]

Importation of Fresh Oranges and Tangerines From Egypt Into the 
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 allow the 
importation of oranges and tangerines from Egypt. Based on the findings 
of a pest list and commodity import evaluation document, which we made 
available to the public for 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 
pest risk associated with the importation of oranges and tangerines

[[Page 50024]]

from Egypt. In addition, based on the findings of a treatment 
evaluation document, we are advising the public that we are adding a 
new treatment schedule in the Plant Protection and Quarantine Treatment 
Manual that can be used to neutralize peach fruit fly (Bactrocera 
zonata) and Mediterranean fruit fly (Ceratitis capitata) in oranges and 
tangerines.

DATES: Effective Date: August 16, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Tony Rom[aacute]n, Regulatory 
Policy Specialist, APHIS, PPQ, 4700 River Road Unit 156, Riverdale, MD 
20737; (301) 851-2242.

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-59), 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 the introduction and dissemination of plant pests.
    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 in the 
Federal Register on April 18, 2013 (78 FR 23208-23209, Docket No. 
APHIS-2012-0053),\1\ in which we announced the availability, for review 
and comment, of a list of pests associated with oranges and tangerines 
from Egypt and a commodity import evaluation document (CIED) that 
evaluates the risks associated with importation of fruit from Egypt 
into the United States.
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    \1\ To view the notice, pest list, commodity import evaluation 
document, treatment evaluation document, and the comment we 
received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-
2012-0053.
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    Because of the time that had passed since importation of oranges 
from Egypt was suspended, APHIS prepared a pest list to identify pests 
of quarantine significance that could follow the pathway of importation 
of oranges and tangerines from Egypt. Based on the pest list, we then 
completed a CIED to identify phytosanitary measures that could be 
applied to mitigate the risks of introducing or disseminating the 
identified pests via the importation of oranges and tangerines from 
Egypt. We concluded that fresh oranges and tangerines can safely be 
imported into the United States from Egypt using one or more of the 
five designated phytosanitary measures listed in Sec.  319.56-4(b). 
These measures are:
     The oranges and tangerines must be treated in accordance 
with 7 CFR part 305 for C. capitata and B. zonata; and
     The oranges and tangerines must be accompanied by a 
phytosanitary certificate issued by the national plant protection 
organization of Egypt stating that the consignment has begun or has 
undergone treatment for C. capitata and B. zonata in accordance with 7 
CFR part 305, with an additional declaration stating that the fruit in 
the consignment was inspected and found free of B. zonata.
    The phytosanitary treatments regulations contained in part 305 of 7 
CFR chapter III set out standards for treatments required in parts 301, 
318, and 319 of 7 CFR chapter III for fruits, vegetables, and other 
articles.
    In Sec.  305.2, paragraph (b) states that approved treatment 
schedules are set out in the Plant Protection and Quarantine (PPQ) 
Treatment Manual.\2\ Section 305.3 sets out a process for adding, 
revising, or removing treatment schedules in the PPQ Treatment Manual. 
In that section, paragraph (a) sets out the process for adding, 
revising, or removing treatment schedules when there is no immediate 
need to make a change.
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    \2\ The Treatment Manual is available on the Internet at http://www.aphis.usda.gov/import_export/plants/manuals/index.shtml or by 
contacting the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Manuals Unit, 92 Thomas Johnson Drive, 
Suite 200, Frederick, MD 21702.
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    The PPQ Treatment Manual does not currently provide a treatment 
schedule for B. zonata in oranges and tangerines. Therefore, in 
accordance with Sec.  305.3(a)(1), the notice we published in the 
Federal Register on April 18, 2013, announced the availability of a new 
cold treatment schedule T107-l, described further in the treatment 
evaluation document (TED), that we determined to be effective against 
B. zonata in oranges and tangerines.
    In addition to B. zonata, Ceratitis capitata (Medfly) is the other 
pest of concern in oranges originating from Egypt. The new cold 
treatment schedule T107-l is more stringent than the treatment schedule 
approved for C. capitata in oranges and tangerines, T107-a, and 
therefore we have determined that the new cold treatment schedule is 
adequate to neutralize C. capitata as well as B. zonata.
    We solicited comments on the notice, pest list, CIED, and TED for 
60 days ending June 17, 2013. We received one comment by that date from 
a private citizen. The commenter agreed that cold treatment is an 
effective mitigation measure for peach fruit fly; however, the 
commenter expressed concern that administering treatment at the port of 
entry could be too late in the shipping process to avoid the spread of 
peach fruit flies to other fruits, further stating that any larvae in 
the fruit at the time of exportation could fully develop into an adult 
and migrate to other fruits while en route to the United States. The 
commenter recommended that all cold treatments be conducted prior to 
exportation from Egypt to prevent the spread of fruit flies during 
shipment.
    We understand the commenter's concerns; however, the fruit is 
shipped in refrigerated containers, which keeps the larvae from 
developing further. In addition, proper containment methods described 
in the general cold treatment requirements in Sec.  305.6 are also 
required to prevent fruit flies from spreading during shipment. 
Specifically, paragraphs (d)(3) and (d)(6) of that section require 
fruit that may be cold treated to be safeguarded to prevent cross-
contamination or mixing with other infested fruit. Furthermore, only 
the same type of fruit in the same type of packaging may be treated 
together in a container and a numbered seal must be placed on the doors 
of the loaded container which can only be removed at the port of 
destination by an official authorized by APHIS. These safeguards have 
been used for many years during the treatment of a wide variety of 
commodities for fruit flies, and we have found them to be effective.
    Therefore, in accordance with Sec.  305.3, we are announcing the 
Administrator's decision to add the treatment described in the TED as 
it is an effective measure for neutralizing peach fruit fly and Medfly 
in oranges and tangerines. Furthermore, oranges and tangerines from 
Egypt may be imported into the United States subject to the 
requirements specified in the CIED.
    The new treatment will be listed in the PPQ Treatment Manual, which 
is available at the Web address and mailing address in footnote 2 of 
this document.

    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 12th day of August 2013.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-19958 Filed 8-15-13; 8:45 am]
BILLING CODE 3410-34-P
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