26708 Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices 

risks associated with the importation 

into the continental United States of 

fresh figs, pomegranates, and baby kiwi 

fruit from Chile. We solicited comments 

on the notice for 60 days ending on 

April 12, 2010. We received 25 

comments by that date, from port 

terminal operators, growers’ 

associations, trade associations, a 

fumigation service, a State agriculture 

department, a foreign Government 

agency, a foreign trade association, and 

several produce importers, exporters, 

and wholesalers. Most of the 

commenters agreed that the mitigation 

measures described in the pest risk 

analysis would be adequate. However, 

three commenters raised concerns about 

the pest risk analyses or proposed 

mitigation measures. These concerns are 

discussed below. 

One commenter raised several 

concerns regarding the risks associated 

with the importation of fresh figs from 

Chile. In order to give ourselves 

adequate time to explore the issues 

raised by the commenter, we are 

delaying our decision on figs and will 

address only pomegranates and baby 

kiwi from Chile in this notice. Our 

decision with respect to fresh figs from 

Chile will be announced in a later 

notice. 

Two commenters stated that APHIS 

should conduct assessments at regular 

intervals to ensure that Chilean 

pomegranates remain safe from the 

Mediterranean fruit fly (Medfly). 

APHIS does not believe that this is 

necessary. We currently recognize all of 

Chile, with the exceptions of the 

provinces of Arica and Parinacota, as 

free of Medfly. Furthermore, on 

February 1, 2010, we published a notice 

in the Federal Register (75 FR 5034- 

5035, Docket No. APHIS-2009-0082) in 

which we announced our determination 

that Arica and Parinacota Provinces are 

free from Medfly and solicited 

comments on that determination. We 

received only supportive comments on 

this announcement and intend to 

proceed with a followup notice 

formalizing this determination. This 

will result in all of Chile being 

recognized as a pest-free area for 

Medfly. Until the decision is 

implemented, APHIS will allow export 

of pomegranates only from areas of 

Chile currently recognized as free of 

Medfly. Commercial consignments must 

have a phytosanitary certificate with an 

additional declaration stating that the 

fruit comes from an area found free of 

Medfly. 

The same commenter endorsed the 

use of methyl bromide as a treatment to 

mitigate the risks associated with the 

Chilean false red mite (Brevipalpis 

chilensis) but went on to suggest that 

APHIS develop a quarantine program 

that could be implemented in the event 

that pest should enter the United States. 

APHIS does not believe it is necessary 

to develop a quarantine program as a 

precautionary measure. APHIS has 

established protocols that we use to 

guide our response to incursions of new 

plant pests. 

One commenter questioned whether 

our estimate of the number of hectares 

of pomegranate production in Chile was 

accurate. The commenter stated that 

U.S. pomegranate growers had observed 

larger areas under cultivation than were 

estimated in our pest risk analysis. 

In our pest risk analysis, we stated 

that Chile had 150 hectares of 

pomegranate cultivation in zones III and 

IV, that is, in Atacama and Coquimbo 

provinces, in 2007. According to the 

Association of Chilean Exporters, Chile 

currently has 300 hectares of 

pomegranates in production at present. 

It is possible that Chile has a greater 

number of hectares under cultivation, 

but that some of those orchards are not 

yet mature and thus are not considered 

to be in production. 

Therefore, in accordance with the 

regulations in § 319.56-4(c)(2)(ii), we are 

announcing our decision to begin 

issuing permits for the importation into 

the continental United States of fresh 

pomegranates and baby kiwi from Chile 

subject to the following phytosanitary 

measures: 

∑ Each shipment of pomegranates or 

baby kiwi must be accompanied by a 

phytosanitary certificate. For shipments 

of pomegranates, the phytosanitary 

certificate must also bear the following 

additional declaration: ‘‘The 

pomegranates in this consignment 

originated in an area free of 

Mediterranean fruit fly (Ceratitis 

capitata).’’ The phytosanitary certificate 

or phytosanitary certificate with 

additional declaration must be issued by 

the national plant protection 

organization of Chile. 

∑ The shipment must be fumigated 

with methyl bromide using treatment 

schedule T-101-i-2-1 in accordance with 

7 CFR part 305. 

∑ The pomegranates or baby kiwi 

must be a commercial consignment as 

defined in 7 CFR 319.56-2. 

These conditions will be listed in the 

Fruits and Vegetables Import 

Requirements database (available at 

(http://www.aphis.usda.gov/favir)) . In 

addition to those specific measures, the 

fresh pomegranates and baby kiwi will 

be subject to the general requirements 

listed in § 319.56-3 that are applicable to 

the importation of all fruits and 

vegetables. 

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 10th day 

of May, 2010. 

Kevin Shea 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–11438 Filed 5–12–10; 7:26 am] 

BILLING CODE 3410–34–S 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS-2008-0059] 

ArborGen, LLC; Availability of an 

Environmental Assessment and 

Finding of No Significant Impact for a 

Controlled Release of Genetically 

Engineered Eucalyptus Hybrids 

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 for proposed 

controlled field releases of a genetically 

engineered clone of a Eucalyptus 

hybrid. The purpose of this release is to 

continue research on the efficacy of 

genetic constructs intended to confer 

cold tolerance, alter lignin biosynthesis 

and alter fertility. After assessing the 

application, reviewing pertinent 

scientific information, and considering 

comments provided by the public, 

APHIS has concluded that these field 

releases are unlikely to pose a plant pest 

risk, nor are they likely to have a 

significant impact on the quality of the 

human environment. Based on its 

finding of no significant impact, the 

Animal and Plant Health Inspection 

Service has determined that an 

environmental impact statement need 

not be prepared for this field release. 

EFFECTIVE DATE: May 12, 2010. 

ADDRESSES: You may read the 

documents referenced in this notice and 

the comments we received 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. Those documents are also 

available on the Internet at (http:// 

www.aphis.usda.gov/brs/ 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices 26709 

1To view the notice, the environmental 

assessment, and the comments we received, go to 

(http://www.regulations.gov/search/Regs/ 

home.html#docketDetail?R=APHIS-2008-0059) 

biotech_ea_permits.html) and are posted 

with the previous notice and the 

comments we received on the 

Regulations.gov Web site at (http:// 

www.regulations.gov/fdmspublic/ 

component/main?main=DocketDetail 

&d=APHIS-2008-0059). 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

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

FOR FURTHER INFORMATION CONTACT: To 

obtain copies of the EA, FONSI, and 

response to comments, contact Ms. 

Cynthia Eck at (301) 734-0667; e-mail: 

cynthia.a.eck@aphis.usda.gov. 

SUPPLEMENTARY INFORMATION: The 

regulations in 7 CFR part 340, 

‘‘Introduction of Organisms and 

Products Altered or Produced Through 

Genetic Engineering Which Are Plant 

Pests or Which There Is Reason to 

Believe Are Plant Pests,’’ regulate, 

among other things, the introduction 

(importation, interstate movement, or 

release into the environment) of 

organisms and products altered or 

produced through genetic engineering 

that are plant pests or that there is 

reason to believe are plant pests. Such 

genetically engineered organisms and 

products are considered ‘‘regulated 

articles.’’ A permit must be obtained or 

a notification acknowledged before a 

regulated article may be introduced. The 

regulations set forth the permit 

application requirements and the 

notification procedures for the 

importation, interstate movement, or 

release in the environment of a 

regulated article. 

On January 11, 2008, the Animal and 

Plant Health Inspection Service (APHIS) 

received a permit application (APHIS 

No. 08-011-106rm) from ArborGen, LLC, 

in Summerville, SC, for a controlled 

field release of genetically engineered 

Eucalyptus hybrids in 19 locations. On 

January 14, 2008, APHIS received a 

second permit application (APHIS No. 

08-014-101rm) from ArborGen for 

another controlled release of genetically 

engineered Eucalyptus hybrids in 10 

additional locations. Under these 

permits, trees allowed to be planted on 

28 sites under previously approved 

permits (APHIS Nos. 06-325-111r, 08- 

039-102rm, and 08-151-101r) would be 

allowed to flower on 27 of the 28 sites. 

The original request was to plant 29 

sites and allow 28 to flower, however, 

one location was removed from permit 

application 08-014-101rm, which 

reduced the number to 28 sites, with 27 

allowed to flower. If granted, the 

permits would be issued for 3 years. To 

continue the field tests beyond this 3- 

year period, the applicant will be 

required to submit a renewal for an 

additional 3 years. 

Permit applications 08-11-106rm and 

08-014-101rm describe Eucalyptus trees 

derived from a hybrid of Eucalyptus 

grandis X Eucalyptus urophylla. The 

purpose of this release is to continue 

research on the efficacy of genetic 

constructs intended to confer cold 

tolerance, alter lignin biosynthesis and 

alter fertility. In addition, the trees have 

been engineered with the kanamycin 

resistance selectable marker gene (nptII). 

These DNA sequences were introduced 

into Eucalyptus trees using disarmed 

Agrobacterium tumefaciens. The subject 

Eucalyptus trees are considered 

regulated articles under the regulations 

in 7 CFR part 340 because they were 

created using donor sequences from 

plant pests. 

In a notice1 published in the Federal 

Register on June 3, 2009 (74 FR 26648- 

26649, Docket No. APHIS-2008-0059), 

APHIS announced the availability of an 

environmental assessment (EA) for 

public review and comment for a 

proposed controlled field release of a 

genetically engineered clone of a 

Eucalyptus hybrid. Comments on the 

EA were required to be received on or 

before July 6, 2009. Commenters noted 

that one of the documents cited in the 

EA, a U.S. Forest Service assessment of 

hydrological impacts from Eucalyptus, 

was not available for review. 

Subsequently, APHIS published a notice 

in the Federal Register on January 19, 

2010 (75 FR 2845, Docket No. APHIS2008-0059) announcing the availability 

of an amended EA, which included the 

U.S. Forest Service document, and 

reopened the comment period for the 

environmental assessment an additional 

30 days. APHIS also accepted comments 

received in the interim between the two 

Federal Register notices. There were 45 

respondents that supported issuance of 

the permit; and 12,462 respondents who 

were opposed. Further information 

regarding the nature of the comments 

received, as well as APHIS’ response to 

those comments are contained in the 

response to comments document (see 

ADDRESSES above). 

Pursuant to the regulations 

promulgated under the Plant Protection 

Act, APHIS has determined that this 

field release is unlikely to pose a risk of 

introducing or disseminating a plant 

pest. Additionally, based upon analysis 

described in the EA, APHIS has 

determined that the action proposed in 

Alternative B of the EA – issue the 

permit with supplemental permit 

conditions – is unlikely to have a 

significant impact on the quality of the 

human environment. The EA, finding of 

no significant impact (FONSI), and 

response to comments documents are 

available as indicated in the ADDRESSES

sections of this notice. Copies may also 

be obtained from the person listed 

under the FOR FURTHER INFORMATION

CONTACT section of this notice. 

To provide the public with 

documentation of APHIS’ review and 

analysis of any potential environmental 

impacts and plant pest risks associated 

with the proposed release of these 

Eucalyptus trees, an EA and FONSI 

have been prepared. The EA and FONSI 

were 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). 

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

7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 

371.3. 

Done in Washington, DC, this 10th day 

of May 2010. 

Kevin Shea 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–11437 Filed 5–11–10; 9:22 am] 

BILLING CODE 3410–34–S 

DEPARTMENT OF AGRICULTURE 

Natural Resources Conservation 

Service 

Clarke County Water Supply Project, 

Clarke County, IA 

AGENCY: Natural Resources 

Conservation Service. 

ACTION: Notice of intent to prepare a 

revised Environmental Impact 

Statement. 

SUMMARY: Pursuant to section 102(2)(C) 

of the National Environmental Policy 

Act of 1969; the Council on 

Environmental Quality Guidelines (40 

CFR part 1500); and the Natural 

Resources Conservation Service 

Guidelines (7 CFR part 650); the Natural 

Resources Conservation Service, U.S. 

Department of Agriculture gives notice 

that a revised environmental impact 

statement is being prepared for the 

Clarke County Water Supply Project, 

Clarke County, Iowa. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES