```

[Federal Register: July 8, 2010 (Volume 75, Number 130)]
[Notices]               
[Page 39203-39204]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy10-35]                         

-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2010-0027]

 
Notice of Availability of a Pest Risk Analysis for Importation of 
Wall Rocket Leaves from the United Kingdom into the Continental United 
States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: We are advising the public that we have prepared a pest risk 
analysis with respect to perennial wall rocket leaves grown in the 
United Kingdom. The analysis evaluates the risks associated with the 
importation into the continental United States of fresh leaves of 
perennial wall rocket. Based on that analysis, 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 wall rocket leaves from 
the United Kingdom. We are making the pest risk analysis available to 
the public for review and comment.

DATES: We will consider all comments that we receive on or before 
September 7, 2010.

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-2010-0027) 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-2010-0027, 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-2010-0027.
    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: Ms. Claudia Ferguson, Regulatory 
Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 
4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 734-0627.

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-50, referred to below as the regulations), the 
Animal and Plant

[[Page 39204]]

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.
    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. These measures are:
     The fruits or vegetables are subject to inspection upon 
arrival in the United States and comply with all applicable provisions 
of Sec.  319.56-3;
     The fruits or vegetables are imported from a pest-free 
area in the country of origin that meets the requirements of Sec.  
319.56-5 for freedom from that pest and are accompanied by a 
phytosanitary certificate stating that the fruits or vegetables 
originated in a pest-free area in the country of origin;
     The fruits or vegetables are treated in accordance with 7 
CFR part 305;
     The fruits or vegetables are inspected in the country of 
origin by an inspector or an official of the national plant protection 
organization of the exporting country, and have been found free of one 
or more specific quarantine pests identified by the risk analysis as 
likely to follow the import pathway; and/or
     The fruits or vegetables are a commercial consignment.
    APHIS received a request from the Government of the United Kingdom 
to allow the importation of fresh leaves of perennial wall rocket from 
the United Kingdom into the United States. We have completed a pest 
risk assessment to identify pests of quarantine significance that could 
follow the pathway of importation into the continental United States 
and, based on that pest risk assessment, have prepared a risk 
management document to identify phytosanitary measures that could be 
applied to the commodity to mitigate the pest risk. We have concluded 
that perennial wall rocket leaves can be safely imported into the 
continental United States from the United Kingdom using one or more of 
the five designated phytosanitary measures listed in Sec.  319.56-4(b). 
Therefore, in accordance with Sec.  319.56-4(c), we are announcing the 
availability of our pest risk analysis for public review and comment. 
The pest risk analysis may be viewed on the Regulations.gov Web site or 
in our reading room (see ADDRESSES above for instructions for accessing 
Regulations.gov and information on the location and hours of the 
reading room). You may request paper copies of the pest risk analysis 
by calling or writing to the person listed under FOR FURTHER 
INFORMATION CONTACT. Please refer to the subject of the pest risk 
analysis that you wish to review when requesting copies.
    After reviewing the comments we receive, we will announce our 
decision regarding the import status of wall rocket leaves from the 
United Kingdom in a subsequent notice. If the overall conclusions of 
the analyses and the Administrator's determination of risk remain 
unchanged following our consideration of the comments, then we will 
begin issuing permits for importation of fresh leaves of perennial wall 
rocket from the United Kingdom into the continental United States 
subject to the requirements specified in the risk management analyses.
    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 30\th\ day of June 2010.

Kevin Shea
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-16709 Filed 7-7-10: 8:45 am]
BILLING CODE 3410-34-S
```