### 26707 Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices

1 To view the notice and the comments we received, go to (http://www.regulations.gov/ fdmspublic/component/ main?main=DocketDetail&d=APHIS-2009-0097). **DATES :**  We will consider comments that we receive by July 12, 2010.

**ADDRESSES :**  We invite you to submit comments on this notice. In your comments, include date, volume, the OMB control Number and the title of the information collection and page number of this issue of the Federal Register. You may submit comments by any of the following methods:

• Mail: Danny Jackson, Loan Specialist, USDA/FSA/FLP, STOP 0522, 1400 Independence Avenue, SW., Washington, DC 20250–0522.

• E-mail: danny.jackson@wdc.usda.gov.

• Fax: 202–720–6797. You may also send comments to the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. Copies of the information collection may be requested by contacting Danny Jackson at the above address.

**FOR FURTHER INFORMATION CONTACT :**  Danny Jackson, Loan Specialist, Farm Service Agency, (202) 720–0588.

**SUPPLEMENTARY INFORMATION :** 

Title: (7 CFR 764) Farm Loan Programs Direct Loan Making.

OMB Number: 0560–0237. Expiration Date: 11/30/2010. Type of Request: Extension with
revision.

Abstract: FSA’s Farm Loan Programs provide loans to family farmers to purchase real estate and equipment, and finance agricultural production. Direct Loan Making, as specified in 7 CFR part 764, provides the requirements associated with direct loans. FSA is required to actively supervise its borrowers and provide credit counseling, management advice, and financial guidance. Additionally, FSA must document that credit is not available to the borrower from commercial credit sources in order to maintain eligibility for assistance. Direct loan making information collection requirements include financial and production records of the operation to ensure that cash flow projections are based on actual production history, a loan is adequately secured, the applicant meets established eligibility requirements, and assignments on income and sales can be obtained when appropriate.

Respondents: Individuals or households, businesses or other for profit farms.

Estimate of Average Time to Respond: .52 hour.

Estimated Annual Number of Respondents: 145,201.

Estimated Number of Reponses per Respondent: 3.87. Total Annual Responses: 561,362. Estimated Total Annual Burden
Hours: 289,632.

We are requesting comments on all aspects of this information collection and to help us to:

(1) Evaluate whether the collection of information is necessary for the proper performance of the functions of FSA, including whether the information will have practical utility;

(2) Evaluate the accuracy of FSA’s estimate of burden including the validity of the methodology and assumptions used;

(3) Enhance the quality, utility and clarity of the information to be collected;

(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

All comments received in response to this notice, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the submission for Office of Management and Budget approval.

Signed at Washington, DC, on May 5, 2010. Jonathan W. Coppess, Administrator, Farm Service Agency.

[FR Doc. 2010–11225 Filed 5–11–10; 8:45 am]

**BILLING CODE 3410–05–P**

**DEPARTMENT OF AGRICULTURE**

**Animal and Plant Health Inspection Service** 

**[Docket No. APHIS-2009-0097]**

**Notice of Decision to Issue Permits for the Importation of Fresh Pomegranates**  **and Baby Kiwi from Chile into the United States** 

**AGENCY :**  Animal and Plant Health Inspection Service, USDA.

**ACTION :**  Notice.

**SUMMARY :**  We are advising the public of our decision to begin issuing permits for the importation into the continental United States of fresh pomegranates and fresh baby kiwi from Chile. Based on the findings of pest risk analyses, 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 importation of fresh pomegranates and fresh baby kiwi from Chile. **EFFECTIVE DATE :**  May 12, 2010.

**FOR FURTHER INFORMATION CONTACT :**  For information concerning pomegranates from Chile, contact Mr. Tony Roma  ́ n, Regulatory Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 734-

5820.

For information concerning baby kiwi fruit from Chile, contact Mr. David B. Lamb, Import Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 734-

0627.

**SUPPLEMENTARY INFORMATION :**  Under the regulations in ‘‘Subpart-Fruits and Vegetables’’ (7 CFR 319.56 through 319.56-50, 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 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 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. 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 importation of a particular fruit or vegetable. Following the close of the 60-day comment period, APHIS may begin issuing permits for importation 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 February 9, 2010 (75 FR 6344-6345, Docket No. APHIS-2009- 0097), in which we announced the availability, for review and comment, of two pest risk analyses that evaluate the


### 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 10 th 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/