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[Federal Register: August 25, 2010 (Volume 75, Number 164)]
[Notices]               
[Page 52304-52305]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au10-30]                         

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2010-0061]

 
Notice of Availability of a Pest Risk Analysis for Interstate 
Movement of Guavas From Hawaii 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 that we have prepared a pest risk 
analysis that evaluates the risks associated with the interstate 
movement into the continental United States of fresh guava fruit from 
Hawaii. 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 interstate movement of guavas from Hawaii. 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 
October 25, 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-2010-0061) 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-2010-0061, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your

[[Page 52305]]

comment refers to Docket No. APHIS-2010-0061.
    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: Mr. David B. Lamb, Import Specialist, 
PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (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 Sec.  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. These measures are:
     The fruits and vegetables are inspected in the State of 
origin or in the first State of arrival;
     The fruits and vegetables originated from a pest-free area 
in the State of origin and the grower from which the fruit or vegetable 
originated has entered into a compliance agreement with the 
Administrator;
     The fruits and vegetables are treated in accordance with 7 
CFR part 305 and the treatment is certified by an inspector;
     The fruits and vegetables articles are inspected and 
certified in the State of origin by an inspector and have been found 
free of one or more specific quarantine pests identified by risk 
analysis as likely to follow the pathway;
     The fruits and vegetables are moved as commercial 
consignments only; and/or
     The fruits and vegetables may be distributed only within a 
defined area and the boxes or containers in which the fruits or 
vegetables are distributed must be marked to indicate the applicable 
distribution restrictions.
    APHIS received a request from the Hawaii Department of Agriculture 
to allow the interstate movement of fresh guava fruit from Hawaii to 
the continental United States. We have completed a pest list to 
identify pests of quarantine significance that could follow the pathway 
of interstate movement into the continental United States and, based on 
that pest list, have prepared a risk management analysis to identify 
phytosanitary measures that could be applied to the commodity to 
mitigate the pest risk. We have concluded that guavas can be safely 
moved from Hawaii to the continental United States using one or more of 
the six designated phytosanitary measures listed in Sec.  318.13-4(b). 
Therefore, in accordance with Sec.  318.13-4(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 when requesting copies.
    After reviewing the comments we receive, we will announce our 
decision regarding the interstate movement of guavas from Hawaii to the 
continental United States in a subsequent notice. If the overall 
conclusions of the analysis and the Administrator's determination of 
risk remain unchanged following our consideration of the comments, then 
we will begin allowing the interstate movement of guavas from Hawaii to 
the continental United States subject to the requirements specified in 
the risk management document.

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.
    Done in Washington, DC, this 18\th\ day of August 2010.

Kevin Shea
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-21129 Filed 8-24-10: 8:45 am]
BILLING CODE 3410-34-S
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