[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Notices]
[Pages 44216-44217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17476]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2008-0065]


Notice of Decision To Issue Permits for the Importation of Dragon 
Fruit From Vietnam 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 
dragon fruit from Vietnam. 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 dragon fruit from Vietnam.

DATES: Effective Date: July 30, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. Alex Belano, Import Specialist, 
Commodity Import Analysis and Operation Staff, PPQ, APHIS, 4700 River 
Road Unit 133, Riverdale, MD 20737-1231; (301) 734-5333.

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 
319.56 through 319.56-47, 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.

[[Page 44217]]

    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 begin issuing permits for 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 May 9, 2008 (73 FR 26360-26361, Docket No. APHIS-
2008-0065), in which we announced the availability, for review and 
comment, of a pest risk analysis that evaluates the risks associated 
with the importation into the continental United States of dragon fruit 
from Vietnam. We solicited comments on the notice for 60 days ending on 
July 8, 2008. We received one comment by that date, from a private 
citizen. The commenter did not provide any information regarding the 
pest risk analysis. No changes to the pest risk analysis are necessary 
based on that comment.
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    \1\ To view the notice, the pest risk analysis, and the comment 
we received, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0065.
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    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 dragon fruit 
from Vietnam subject to the following phytosanitary measures:
    <bullet> The dragon fruit must be irradiated with a minimum 
absorbed dose of 400 gray.
    <bullet> Each consignment of dragon fruit must be accompanied by a 
phytosanitary certificate issued by the national plant protection 
organization (NPPO) of Vietnam. The phytosanitary certificate must 
document that the dragon fruit has been inspected by the NPPO of 
Vietnam and that the consignment received the required irradiation 
treatment or that the consignment will receive the required treatment 
upon arrival in the continental United States, should an APHIS-approved 
facility exist.
    <bullet> The dragon fruit may be imported to the United States in 
commercial consignments only.
    These conditions will be listed in the fruits and vegetables manual 
(available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/fv.pdf). In addition to those specific measures, dragon 
fruit from Vietnam 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 24th day of July 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E8-17476 Filed 7-29-08; 8:45 am]
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