[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Notices]
[Pages 6347-6348]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2846]
[[Page 6347]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2009-0037]
Notice of Determination of Pest-Free Areas in the Republic of
South Africa
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: We are advising the public that we are recognizing 16
additional magisterial districts in 3 provinces in the Republic of
South Africa as pest-free areas for citrus black spot. Based on our
site visit to the area and our review of the documentation submitted by
South Africa's national plant protection organization, which we made
available to the public for review and comment through a previous
notice, the Administrator has determined that those districts meet the
criteria in our regulations for recognition as pest-free areas for
citrus black spot.
EFFECTIVE DATE: February 9, 2010.
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 319.56-1 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. 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
Standards 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 (IPPC) 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.
In accordance with that process, we published a notice\1\ in the
Federal Register on July 27, 2009 (74 FR 36999-37000, Docket No. APHIS-
2009-0037), in which we announced the availability, for review and
comment, of a commodity import evaluation document titled ``Recognition
of Additional Magisterial Districts as Citrus Black Spot Pest-Free
Areas for the Republic of South Africa.'' In this document, we examined
the survey protocols and other information provided by South Africa's
national plant protection organization (NPPO) relative to its system to
establish freedom, phytosanitary measures to maintain freedom, and
system for the verification of the maintenance of freedom from citrus
black spot (Guignardia citricarpa).
---------------------------------------------------------------------------
\1\ To view the notice, the commodity import evaluation
document, and the comments we received, go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0037).
---------------------------------------------------------------------------
We initially solicited comments on the notice for 60 days ending on
September 25, 2009. However, we extended the comment period to October
13, 2009, to give interested persons additional time to prepare and
submit comments. We received 12 comments by that date, all but 1 of
which supported the recognition of the 16 additional magisterial
districts in 3 provinces in South Africa as pest-free areas. Commenters
included members of Congress, a diplomatic official, fumigators,
importers, distributors, packers, growers, and a citrus marketing
association.
The commenter who disagreed with our action to recognize the pest-
free areas cited two issues.
The first issue concerns the reliability of the data used by APHIS
to support its recognition of pest-free areas for citrus black spot.
The commenter stated that the survey data used by APHIS was largely
derived from a sampling of noncommercial production blocks of citrus in
the areas recognized as being pest-free, when most of the citrus
destined for export to the United States would originate from
commercial production blocks. The commenter suggested that APHIS obtain
survey data specific to the commercial production blocks that will be
exporting to the United States before recognizing these areas as being
free of citrus black spot.
The South African NPPO collected data from both commercial and
noncommercial production blocks to ensure uniform coverage of the
survey region, and examined the data from both types of blocks to
determine the pest status of the areas of concern. Because relatively
few citrus orchards are currently established in these areas, many of
the trees surveyed for citrus black spot are located in home gardens
and backyards. None of the samples taken in these areas indicated the
presence of citrus black spot.
The second issue raised by the commenter focused on the
effectiveness of ongoing pest risk assessment and monitoring efforts in
those areas recognized by APHIS as being pest-free. As support, the
commenter cited a document produced by a European Union panel of plant
health experts that assessed pest risk data provided by the South
African NPPO.\2\ The panel noted in its assessment that IPPC standards
require that an intensive continuous monitoring program be in place to
maintain a pest-free area, but that the NPPO of South Africa did not
provide sufficient data for an accurate assessment of their monitoring
program.
---------------------------------------------------------------------------
\2\ ``Pest risk assessment and additional evidence provided by
South Africa on Guignardia citricarpa Kiely, citrus black spot
fungus-CBS.'' EFSA Journal (2008) 925: 1-4.
---------------------------------------------------------------------------
The NPPO of South Africa is a signatory to the IPPC and therefore
observes phytosanitary treatment standards that are recognized by other
signatories, including the United States. Under the regulations in
Sec. 319.56-5(a), APHIS requires that determinations of pest-free
areas be made in accordance with standards established by the IPPC. In
addition, Sec. 319.56-5(b) requires that the survey protocol used by a
foreign NPPO to determine and maintain pest-free status be approved by
APHIS.
South Africa participates in an APHIS preclearance program for
citrus intended for export to the United States. We only allow citrus
from APHIS-approved pest-free areas to participate in the program. In
the many years of import history with the preclearance program, which
began in the mid-1990s,
[[Page 6348]]
we have not detected citrus black spot. However, if it were detected,
export of the host material to the United States would be suspended
from the production area and APHIS would request South Africa to
conduct an investigation.
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. Accordingly, we are recognizing those magisterial
districts as pest-free areas for citrus black spot and have added them
to the list of pest-free areas, which may be viewed on the Internet at
(http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/DesignatedPestFreeAreas.pdf). The list of pest-free areas may
also be obtained from the person listed under FOR FURTHER INFORMATION
CONTACT.
Done in Washington, DC, this 3\rd\ day of February 2010.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-2846 Filed 2-8-10: 8:45 am]
BILLING CODE 3410-34-S