Notice2022-20810
Notice of Decision To Revise Import Requirements for the Importation of Fresh Sand Pears From the Republic of Korea Into the United States
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 27, 2022
Issuing agencies
Agriculture DepartmentAnimal and Plant Health Inspection Service
Abstract
We are notifying the public of our decision to revise requirements for the importation into the United States of sand pear (Pyrus pyrifolia var. culta) fruit from the Republic of Korea. 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 have determined 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, non-precleared sand pear fruit from the Republic of Korea into all ports of the United States as an alternative to the preclearance program. All non-precleared sand pear fruit intended for importation into the United States from the Republic of Korea will be subject to the systems approach required for precleared fruit.
Full Text
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<title>Federal Register, Volume 87 Issue 186 (Tuesday, September 27, 2022)</title>
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[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Notices]
[Pages 58478-58479]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20810]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2020-0063]
Notice of Decision To Revise Import Requirements for the
Importation of Fresh Sand Pears From the Republic of Korea Into the
United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
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SUMMARY: We are notifying the public of our decision to revise
requirements for the importation into the United States of sand pear
(Pyrus pyrifolia var. culta) fruit from the Republic of Korea. 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 have
determined 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, non-precleared sand pear fruit from the Republic of Korea into
all ports of the United States as an alternative to the preclearance
program. All non-precleared sand pear fruit intended for importation
into the United States from the Republic of Korea will be subject to
the systems approach required for precleared fruit.
DATES: Imports may be authorized at all U.S. ports beginning September
27, 2022.
FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Senior
Regulatory Policy Specialist, Regulatory Coordination and Compliance,
Imports, Regulations, and Manuals, PPQ, APHIS, 4700 River Road, Unit
133, Riverdale, MD 20737-1231; (301) 851-2352.
SUPPLEMENTARY INFORMATION:
Background
Under the regulations in ``Subpart L-Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-12, referred to below as the regulations), the
Animal and Plant Health Inspection Service (APHIS) of the U.S.
Department of Agriculture (USDA) 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 provides requirements for
authorizing the importation of fruits and vegetables into the United
States and revising existing requirements for the importation of fruits
and vegetables. Paragraph (c) of that section provides that the name
and origin of all fruits and vegetables authorized for importation into
the United States, as well as the requirements for their importation,
be listed on the internet in APHIS' Fruits and Vegetables Import
Requirements database, or FAVIR \1\ (<a href="https://epermits.aphis.usda.gov/manual">https://epermits.aphis.usda.gov/manual</a>). It also provides that, if the Administrator of APHIS
determines that any of the phytosanitary measures required for the
importation of a particular fruit or vegetable are no longer necessary
to reasonably mitigate the plant pest risk posed by the fruit or
vegetable, APHIS will publish a notice in the Federal Register making
its pest risk documentation and determination available for public
comment.
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\1\ On September 30, 2022, the FAVIR database will be replaced
by the APHIS Agricultural Commodity Import Requirements (ACIR)
database. The database can be accessed at <a href="https://acir.aphis.usda.gov/s/">https://acir.aphis.usda.gov/s/</a>.
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In accordance with that process, we published a notice \2\ in the
Federal Register on March 15, 2021 (86 FR 14301-14302, Docket No.
APHIS-2020-0063), in which we announced the availability, for review
and comment, of a pest list and a commodity import evaluation document
that evaluated the risks associated with allowing importation into all
ports of the United States of non-precleared fresh sand pear fruit from
the Republic of Korea.
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\2\ To view the notice, supporting documents, and the comment we
received, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and enter APHIS-2020-0063 in the
Search field.
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We solicited comments on the notice for 60 days ending May 14,
2021. We received one comment by that date, from a trade organization
opposed to our proposal. The commenter stated that APHIS should not
revise requirements for imports into all ports of the United States of
fresh sand pear from the Republic of Korea because that country has not
followed through on a pledge to open its markets to imports of U.S.
pome fruit.
We are making no changes in response to the commenter. Import
prohibitions based on trade reciprocity are beyond the scope of APHIS'
statutory authority under the Plant Protection Act (PPA, 7 U.S.C. 7701
et seq.). Under the PPA, APHIS will prohibit the importation of a fruit
or vegetable into the United States only if we determine that the
prohibition is necessary to prevent the introduction or dissemination
of a plant pest or noxious weed within the United States. APHIS and
trade offices within USDA continue to pursue new or expanded export
markets for U.S. agriculture, including the export of pome fruit to the
Republic of Korea.
Therefore, in accordance with the regulations in Sec. 319.56-
4(c)(3)(iii), we are announcing our decision to authorize the
importation of fresh, non-precleared sand pear from the Republic of
Korea into all ports of the United States subject to the following
phytosanitary measures: \3\
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\3\ Preclearance program exports of sand pear fruit from the
Republic of Korea will still require a completed PPQ Form 203, which
indicates the commodity has been inspected by APHIS at origin.
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<bullet> Sand pears must be imported as commercial consignments
only.
<bullet> Sand pears must be grown in places of production and
packed in packinghouses registered with the Republic of Korea national
plant protection organization (NPPO).
<bullet> Places of production must be inspected for symptoms of
quarantine pests and diseases. If such pests and diseases are found,
adequate mitigations measures should be implemented.
<bullet> Sand pears must be bagged when the fruit is between 2.5
and 3.5 centimeters in diameter. All fruit must be bagged by June 30.
Bagging is required to prevent all arthropod pests from infesting the
fruits.
<bullet> Each sand pear consignment must be labeled to allow trace
back.
<bullet> Each sand pear consignment must be accompanied by a
phytosanitary certificate issued by the Republic of Korea NPPO stating
that the consignment has been inspected and found free of quarantine
pests.
These conditions will be listed in the Fruits and Vegetables Import
Requirements database (available at <a href="https://epermits.aphis.usda.gov/manual">https://epermits.aphis.usda.gov/manual</a>). In addition to these specific measures, fresh sand pear from
the Republic of Korea will be subject to the general requirements
listed in Sec. 319.56-3 that are applicable to the importation of all
fruits and vegetables.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the recordkeeping and burden requirements associated
with this action are included under the Office of Management and Budget
control number 0579-0049.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the internet
and other information technologies, to provide increased opportunities
for citizen access to Government
[[Page 58479]]
information and services, and for other purposes. For information
pertinent to E-Government Act compliance related to this notice, please
contact Mr. Joseph Moxey, APHIS' Paperwork Reduction Act Coordinator,
at (301) 851-2483.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this action
as not a major rule, as defined by 5 U.S.C. 804(2).
Authority: 7 U.S.C. 1633, 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 21st day of September 2022.
Anthony Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2022-20810 Filed 9-26-22; 8:45 am]
BILLING CODE 3410-34-P
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