[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Rules and Regulations]
[Pages 58470-58471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23346]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2009-0100]
RIN 0579-AD35
Irradiation Treatment; Location of Facilities in the Southern
United States; Technical Amendment
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule; technical amendment.
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SUMMARY: In a final rule that was published in the Federal Register on
July 20, 2012, and effective on August 20, 2012, we amended the
phytosanitary treatment regulations to, among other things, allow for
irradiation treatment of mangoes from India upon arrival in the
mainland United States rather than just at the point of origin. In the
final rule, we neglected to amend the inspection requirements to
address shipments that are treated upon arrival in the United States
and not at the point of origin. This document corrects that error.
DATES: Effective Date: September 21, 2012.
FOR FURTHER INFORMATION CONTACT: Dr. Inder P. S. Gadh, Senior Risk
Manager-Treatments, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD
20737-1236; (301) 851-2018.
SUPPLEMENTARY INFORMATION: The phytosanitary treatment regulations
contained in 7 CFR part 305 (referred to below as the regulations) set
out the general requirements for performing treatments and certifying
or approving treatment facilities for fruits, vegetables, and other
articles to prevent the introduction or dissemination of plant pests or
noxious weeds into or through the United States. The Animal and Plant
Health Inspection Service (APHIS) of the U.S. Department of Agriculture
administers these regulations.
In a final rule \1\ published in the Federal Register on July 20,
2012 (77 FR 4261-4265, Docket No. APHIS-2009-0100), with an effective
date of August 20, 2012, we amended the regulations in Sec. 319.56-46
to allow for irradiation treatment of mangoes from India upon arrival
in the mainland United States rather than just at the point of origin.
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\1\ To view the final rule and related documents, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2009-0100.
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Paragraph (c) of Sec. 319.56-46 indicates that each consignment of
mangoes must be inspected jointly by APHIS and the national plant
protection organization (NPPO) of India as part of the required
preclearance inspection activities. Paragraph (e) of Sec. 319.56-46
also indicates that joint inspection by APHIS and the NPPO of India is
required. While joint inspection and preclearance are practical when
irradiation treatment is applied in the country of origin, it is more
useful and cost effective for the NPPO of India to inspect the fruit in
India and for APHIS to inspect the fruit upon arrival in the United
States when irradiation treatment is applied in the United States. This
also ensures compliance with the standard \2\ of the International
Plant Protection Convention, of which the United States is a
contracting party, of applying the least restrictive measures resulting
in the minimal impact to trade while effectively managing plant pest
risks. We are therefore removing the words ``jointly'' and
``preclearance'' from Sec. 319.56-46(c) and the word ``jointly'' from
Sec. 319.56-46(e) to allow inspections to occur separately in India
and the United States when appropriate.
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\2\ International Standard for Phytosanitary Measures (ISPM)
Number 1. To view this and other ISPMS on the Internet, go to http://www.ippc.int/IPP/En/default.jsp and click on the ``Adopted
Standards'' link under the ``Core Activities'' heading.
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List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
[[Page 58471]]
Accordingly, we are amending 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
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1. The authority citation for part 319 continues to read as follows:
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.
Sec. 319.56-46 [Amended]
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2. Section Sec. 319.56-46 is amended as follows:
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a. In paragraph (c), by removing the words ``jointly'' and
``preclearance''.
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b. In paragraph (e), by removing the word ``jointly''.
Done in Washington, DC, this 17th day of September 2012.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-23346 Filed 9-20-12; 8:45 am]
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