[Federal Register Volume 73, Number 199 (Tuesday, October 14, 2008)]
[Notices]
[Pages 60673-60674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24334]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2008-0066]


Notice of Decision To Issue Permits for the Importation of Guavas 
From Mexico Into the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public of our decision to begin issuing 
permits for the importation into the United States of fresh guava fruit 
from Mexico. 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 
importation of guavas from Mexico.

DATES: Effective Date: October 14, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. David B. Lamb, Import Specialist, 
Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River Road 
Unit 133, Riverdale, MD 20737-1231; (301) 734-8758.

SUPPLEMENTARY INFORMATION: 

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56 through 319.56-47, 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.

[[Page 60674]]

    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 June 26, 2008 (73 FR 36296-36297, Docket No. APHIS-
2008-0066), in which we announced the availability, for review and 
comment, of a pest risk analysis that evaluates the risks associated 
with the importation into the United States of fresh guava fruit from 
Mexico. We solicited comments on the notice for 60 days ending on 
August 25, 2008. We received seven comments by that date, from guava 
producers, a State department of agriculture, and the Mexican 
department of agriculture. Six of the commenters supported the 
importation of guavas from Mexico under the conditions described in the 
risk management document. One commenter raised concerns about those 
conditions. These concerns are addressed in an appendix to the pest 
risk analysis. We have made a change to the pest risk analysis in 
response to this comment, but the change did not affect the overall 
conclusions of the analysis and the Administrator's determination of 
risk. The amended portion of the pest risk analysis and the appendix 
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).
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    \1\ To view the notice, the pest risk analysis, the risk 
management analysis, and the comments we received, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0066.
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    Therefore, in accordance with the regulations in Sec.  319.56-
4(c)(2)(ii), we are announcing our decision to begin issuing permits 
for the importation into the United States of guavas from Mexico 
subject to the following phytosanitary measures:
    <bullet> The guavas must be irradiated with a minimum absorbed dose 
of 400 gray.
    <bullet> Each consignment of guavas must be inspected by the 
national plant protection organization (NPPO) of Mexico and accompanied 
by a phytosanitary certificate issued by the NPPO of Mexico. The 
phytosanitary certificate must document that the consignment received 
the required irradiation treatment. The phytosanitary certificate must 
also contain an additional declaration that states:

    The fruit in this shipment was treated by irradiation with a 
minimum absorbed dose of 400 Gy and inspected and found free of 
Oligonychus biharensis, Oligonychus psidium, Mycovellosiella psidii, 
Pestalotiopsis psidii, and Sphaceloma psidii.

    <bullet> The guavas may be imported into the United States in 
commercial consignments only.
    These conditions will be listed in the fruits and vegetables manual 
(available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/fv.pdf). In addition to those specific measures, guavas 
from Mexico will be subject to the general requirements listed in Sec.  
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 8th day of October 2008.
Cindy Smith,
Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E8-24334 Filed 10-10-08; 8:45 am]
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