This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

3075 

Vol. 76, No. 12 

Wednesday, January 19, 2011 

1To 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–2010–0061. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2010–0061] 

Notice of Decision to Allow Interstate 

Movement of Guavas From Hawaii Into 

the Continental United States 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public of 

our decision to begin allowing the 

interstate movement into the 

continental United States of fresh guava 

fruit from Hawaii. 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 

interstate movement of guavas from 

Hawaii. 

DATES: Effective Date: January 19, 2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Lamb, Import Specialist, PPQ, 

APHIS, 4700 River Road Unit 133, 

Riverdale, MD 20737–1236; (301) 734– 

0627. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the regulations in ‘‘Subpart— 

Regulated Articles From Hawaii and the 

Territories’’ (7 CFR 318.13–1 through 

318.13–26, 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 interstate 

movement of fruits and vegetables into 

the United States from Hawaii, Puerto 

Rico, the U.S. Virgin Islands, Guam, and 

the Commonwealth of the Northern 

Mariana Islands to prevent plant pests 

and noxious weeds from being 

introduced into and spread within the 

continental United States. (The 

continental United States is defined in 

§ 318.13–2 of the regulations as the 48 

contiguous States, Alaska, and the 

District of Columbia.) 

Section 318.13–4 contains a 

performance-based process for 

approving the interstate movement 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 interstate movement 

of a particular fruit or vegetable. 

Following the close of the 60-day 

comment period, APHIS may begin 

allowing the interstate movement 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 August 25, 2010 (75 FR 

52304–52305, Docket No. APHIS–2010– 

0061), in which we announced the 

availability, for review and comment, of 

a pest risk analysis that evaluates the 

risks associated with the interstate 

movement of guavas (Psidium guajava 

L.) from Hawaii into the continental 

United States. We solicited comments 

on the notice for 60 days ending on 

October 25, 2010. We received one 

comment by that date, from a State 

department of agriculture. The 

commented supported the action 

described in the notice. Therefore, in 

accordance with the regulations in 

§ 318.13–4, we are announcing our 

decision to begin allowing the interstate 

movement of guavas from Hawaii into 

the continental United States subject to 

the following phytosanitary measures: 

• The guavas must be irradiated in 

accordance with 7 CFR part 305 with a 

minimum absorbed dose of 400 Gy. 

• The guavas must be inspected by an 

inspector in Hawaii and found free of 

Eutetranychus orientalis and 

Oligonychus biharensis. 

• The guavas may be moved in as 

commercial consignments only. 

These conditions will be listed in the 

Hawaii Fruits and Vegetables Manual 

(available at http://www.aphis.usda.gov/ 

import_export/plants/manuals/ports/ 

downloads/hawaii.pdf). In addition to 

those specific measures, guavas from 

Hawaii will be subject to the general 

requirements listed in § 318.13–3 that 

are applicable to the interstate 

movement of all fruits and vegetables 

from Hawaii. 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 7 CFR 2.22, 2.80, and 371.3. 

Done in Washington, DC, this 12th day of 

January 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–985 Filed 1–18–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2010–0126] 

Availability of an Environmental 

Assessment for Field Testing Feline 

Leukemia Vaccine, Live Canarypox 

Vector 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public 

that the Animal and Plant Health 

Inspection Service has prepared an 

environmental assessment concerning 

authorization to ship for the purpose of 

field testing, and then to field test, an 

unlicensed Feline Leukemia Vaccine, 

Live Canarypox Vector. The 

environmental assessment, which is 

based on a risk analysis prepared to 

assess the risks associated with the field 

testing of this vaccine, examines the 

potential effects that field testing this 

veterinary vaccine could have on the 

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3076 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices 

1The risk analysis (with confidential business 

information removed) and the EA may be viewed 

on Regulations.gov (see ADDRESSES above for a link 

to Regulations.gov). 

quality of the human environment. 

Based on the risk analysis, we have 

reached a preliminary determination 

that field testing this veterinary vaccine 

will not have a significant impact on the 

quality of the human environment, and 

that an environmental impact statement 

need not be prepared. We intend to 

authorize shipment of this vaccine for 

field testing following the close of the 

comment period for this notice unless 

new substantial issues bearing on the 

effects of this action are brought to our 

attention. We also intend to issue a U.S. 

Veterinary Biological Product license for 

this vaccine, provided the field test data 

support the conclusions of the 

environmental assessment and the 

issuance of a finding of no significant 

impact and the product meets all other 

requirements for licensing. 

DATES: We will consider all comments 

that we receive on or before February 

18, 2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS– 

2010–0126 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• Postal Mail/Commercial Delivery: 

Please send one copy of your comment 

to Docket No. APHIS–2010–0126, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road, Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2010–0126. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue, SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Albert P. Morgan, Section Leader, 

Operational Support Section, Center for 

Veterinary Biologics, Policy, Evaluation, 

and Licensing, VS, APHIS, 4700 River 

Road, Unit 148, Riverdale, MD 20737– 

1231; phone (301) 734–8245, fax (301) 

734–4314. 

For information regarding the 

environmental assessment or the risk 

analysis, or to request a copy of the 

environmental assessment (as well as 

the risk analysis with confidential 

business information removed), contact 

Dr. Patricia L. Foley, Risk Manager, 

Center for Veterinary Biologics, Policy, 

Evaluation, and Licensing, VS, APHIS, 

1920 Dayton Avenue, P.O. Box 844, 

Ames, IA 50010; phone (515) 337–6100, 

fax (515) 337–6120. 

SUPPLEMENTARY INFORMATION: Under the 

Virus-Serum-Toxin Act (21 U.S.C. 151 

et seq.), a veterinary biological product 

must be shown to be pure, safe, potent, 

and efficacious before a veterinary 

biological product license may be 

issued. A field test is generally 

necessary to satisfy prelicensing 

requirements for veterinary biological 

products. Prior to conducting a field test 

on an unlicensed product, an applicant 

must obtain approval from the Animal 

and Plant Health Inspection Service 

(APHIS), as well as obtain APHIS’ 

authorization to ship the product for 

field testing. 

To determine whether to authorize 

shipment and grant approval for the 

field testing of the unlicensed product 

referenced in this notice, a risk analysis 

was prepared to assess the potential 

effects of this product on the safety of 

animals, public health, and the 

environment. Based on the risk analysis, 

APHIS has prepared an environmental 

assessment (EA) 1 concerning the field 

testing of the following unlicensed 

veterinary biological product: 

Requester: Merial, Inc. 

Product: Feline Leukemia Vaccine, 

Live Canarypox Vector. 

Field Test Locations: Alabama, 

California, Florida, Georgia, Missouri, 

and Tennessee. 

The above-mentioned product 

consists of a live recombinant 

canarypox vector expressing certain 

feline leukemia virus proteins. The 

vaccine is for use in healthy cats at 8 

weeks of age or older as an aid in the 

prevention of disease due to feline 

leukemia virus. 

The EA has been prepared in 

accordance with: (1) The National 

Environmental Policy Act of 1969 

(NEPA), as amended (42 U.S.C. 4321 et 

seq.), (2) regulations of the Council on 

Environmental Quality for 

implementing the procedural provisions 

of NEPA (40 CFR parts 1500–1508), (3) 

USDA regulations implementing NEPA 

(7 CFR part 1b), and (4) APHIS’ NEPA 

Implementing Procedures (7 CFR part 

372). 

Unless substantial issues with adverse 

environmental impacts are raised in 

response to this notice, APHIS intends 

to issue a finding of no significant 

impact (FONSI) based on the EA and 

authorize shipment of the above product 

for the initiation of field tests following 

the close of the comment period for this 

notice. 

Because the issues raised by field 

testing and by issuance of a license are 

identical, APHIS has concluded that the 

EA that is generated for field testing 

would also be applicable to the 

proposed licensing action. Provided that 

the field test data support the 

conclusions of the original EA and the 

issuance of a FONSI, APHIS does not 

intend to issue a separate EA and FONSI 

to support the issuance of the product 

license, and would determine that an 

environmental impact statement need 

not be prepared. APHIS intends to issue 

a veterinary biological product license 

for this vaccine following completion of 

the field test provided no adverse 

impacts on the human environment are 

identified and provided the product 

meets all other requirements for 

licensing. 

Authority: 21 U.S.C. 151–159. 

Done in Washington, DC, this 12th day of 

January 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–980 Filed 1–18–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2010–0115] 

Availability of an Environmental 

Assessment for a Biological Control 

Agent for Air Potato 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice of availability and 

request for comments. 

SUMMARY: We are advising the public 

that the Animal and Plant Health 

Inspection Service has prepared an 

environmental assessment (EA) relative 

to the control of air potato (Dioscorea 

bulbifera). The EA considers the effects 

of, and alternatives to, the release of an 

insect, Lilioceris cheni, into the 

continental United States for use as a 

biological control agent to reduce the 

severity of air potato infestations. We 

are making the EA available to the 

public for review and comment. 

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