[Federal Register Volume 74, Number 142 (Monday, July 27, 2009)]
[Notices]
[Pages 36999-37000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17794]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2009-0037]


Determination of Pest-Free Areas in the Republic of South Africa; 
Request for Comments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public that we have received a request 
from the Government of the Republic of South Africa to recognize 16 
additional magisterial districts in 3 provinces as pest-free areas for 
citrus black spot. After reviewing the documentation submitted in 
support of this request, the Administrator of the Animal and Plant 
Health Inspection Service has determined that these areas meet the 
criteria in our regulations for recognition as pest-free areas. We are 
making that determination, as well as an evaluation document we have 
prepared in connection with this action, available for review and 
comment.

DATES: We will consider all comments we receive on or before September 
25, 2009.

ADDRESSES: You may submit comments by either of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0037 to submit or view comments and 
to view supporting and related materials available electronically.
    <bullet> Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2009-0037, Regulatory Analysis and 
Development, PPD, APHIS, Station 3C71, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2009-0037.
    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. Phillip B. Grove, Regulatory 
Coordination Specialist, Regulatory Coordination and Compliance, APHIS, 
4700 River Road Unit 156, Riverdale, MD 20737; (301) 734-6280.

SUPPLEMENTARY INFORMATION: Under the regulations in ``Subpart-Fruits 
and Vegetables'' (7 CFR 319.56 through 319.56-49, 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. One of the designated phytosanitary measures is 
that 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.
    Under the regulations in Sec.  319.56-5, APHIS requires that 
determinations of pest-free areas be made in accordance with the 
criteria for establishing freedom from pests found in International 
Standard for Phytosanitary Measures (ISPM) No. 4, ``Requirements for 
the establishment of pest-free areas.'' The international standard was 
established by the International Plant Protection Convention of the 
United Nations' Food and Agriculture Organization and is incorporated 
by reference in our regulations in 7 CFR 300.5. In addition, APHIS must 
also approve the survey protocol used to determine and maintain pest-
free status, as well as protocols for actions to be performed upon 
detection of a pest. Pest-free areas are subject to audit by APHIS to 
verify their status.
    APHIS has received a request from the Government of the Republic of 
South Africa to recognize additional areas of that country as being 
free of Guignardia citricarpa, citrus black spot.\1\ Currently, we only 
allow importation of citrus fruit from the Republic of South Africa 
when it is grown in the Western Cape Province and the magisterial 
districts of Hartswater and Warrenton of the Northern Cape Province, 
which are areas that APHIS has determined to be free of citrus black 
spot.\2\ Specifically, the Government of the Republic of South Africa 
asked that we recognize the magisterial districts of Boshof, 
Fauresmith, Jacobsdal, Koffiefontein, and Philippolis in the Free State 
Province; Christiania and Taung in the North West Province; and Barkly-
wes/west, Gordonia, Hay, Herbert, Hopetown, Kenhardt, Kimberely, 
Namakwaland, and Prieska in the Northern Cape Province as areas that 
are free of citrus black spot.
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    \1\ A list of pest-free-areas currently recognized by APHIS can 
be found at http://www.aphis.usda.gov/import_export/plant/manuals/ports/downloads/DesignatedPestFreeAeas.pdf.
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    In accordance with our regulations and the criteria set out in ISPM 
No. 4, we have reviewed and approved the survey protocols and other 
information provided by the Republic of South Africa relative to its 
system to establish freedom, phytosanitary measures to maintain 
freedom, and system for the verification of the maintenance of freedom. 
Because this action concerns the expansion of a currently recognized 
pest-free area in the Republic of South

[[Page 37000]]

Africa from which citrus fruit is authorized for importation into the 
United States, our review of the information presented by the Republic 
of South Africa in support of its request is examined in a commodity 
import evaluation document (CIED) titled ``Recognition of Additional 
Magisterial Districts as Citrus Black Spot Pest-Free Areas for the 
Republic of South Africa.''
    The CIED 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 CIED by calling or 
writing to the person listed under FOR FURTHER INFORMATION CONTACT.
    Therefore, in accordance with Sec.  319.56-5(c), we are announcing 
the Administrator's determination that the magisterial districts of 
Boshof, Fauresmith, Jacobsdal, Koffiefontein, and Philippolis in the 
Free State Province; Christiania and Taung in the North West Province; 
and Barkly-wes/west, Gordonia, Hay, Herbert, Hopetown, Kenhardt, 
Kimberely, Namakwaland, and Prieska in the Northern Cape Province meet 
the criteria of Sec.  319.56-5(a) and (b) with respect to freedom from 
citrus black spot. After reviewing the comments we receive on this 
notice, we will announce our decision regarding the status of these 
areas with respect to their freedom from citrus black spot. If the 
Administrator's determination remains unchanged, we will add these 
areas in the Republic of South Africa to the list of pest-free areas.

    Done in Washington, DC, this 21st day of July 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-17794 Filed 7-24-09; 8:45 am]
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