[Federal Register Volume 73, Number 111 (Monday, June 9, 2008)]
[Pages 32548-32549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12855]



Animal and Plant Health Inspection Service

[Docket No. APHIS-2008-0013]

Notice of Determination of Pest-Free Areas Within the States of 
Cear[aacute] and Rio Grande do Norte, Brazil

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.


SUMMARY: We are advising the public that we are recognizing 7 
municipalities in the State of Cear[aacute] and 13 municipalities in 
the State of Rio Grande do Norte as pest-free areas for the South 
American cucurbit fly. Based on our review of the documentation 
submitted by Brazil'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 municipalities meet 
the criteria in our regulations for recognition as pest-free areas.

DATES: Effective Date: June 9, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. Juan A. Rom[aacute]n, Import 
Specialist, Commodity Import Analysis and Operations, Plant Health 
Programs, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-
1231; (301) 734-8758.

SUPPLEMENTARY INFORMATION: 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.
    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 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 March 3, 2008 (73 FR 11382-11383, Docket No. APHIS-
2008-0013), in which we announced the availability, for review and 
comment, of a commodity import evaluation document in which we examined 

[[Page 32549]]

survey protocols and other information provided by Brazil relative to 
its system to establish freedom, phytosanitary measures to maintain 
freedom, and system for the verification of the maintenance of freedom. 
We solicited comments on the notice for 60 days ending on May 2, 2008. 
We received five comments by that date, from a produce wholesaler, a 
fresh fruit importer, two melon producers/exporters, and the director 
of a Brazilian fruit fly rearing facility. All of the commenters 
supported the recognition of the 7 municipalities in the State of 
Cear[aacute] and 13 municipalities in the State of Rio Grande do Norte 
as pest-free areas for the South American cucurbit fly (Anastrepha 

    \1\ To view the notice, the pest risk analysis, and the comments 
we received, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0013.

    In accordance with Sec.  319.56-5(c), we are announcing the 
Administrator's determination that the municipalities of Aracati, 
Icapu[iacute], Itai[ccedil]aba, Jaguaruana, Limoeiro do Norte, 
Quixer[eacute], and Russas in the State of Cear[aacute] and the 
municipalities of A[ccedil]u, Afonso Bezerra, Alto do Rodrigues, Areia 
Branca, Bara[uacute]na, Camaubais, Grossos, Ipangua[ccedil]u, 
Mossor[oacute], Porto do Mangue, Serra do Mel, Tibau, and Upanema in 
the State of Rio Grande do Norte meet the criteria of Sec.  319.56-5(a) 
and (b) with respect to freedom from A. grandis. Accordingly, we are 
recognizing those municipalities as pest-free areas for A. grandis and 
have added them to the list of pest-free areas. You may view the list 
of pest-free areas on the Internet by going to http://www.aphis.usda.gov/import_export/plants/manuals/ports/index.shtml and 
selecting the link for designated pest-free areas under the heading 
``Plant Importation Manuals.''

    Done in Washington, DC, this 3rd day of June 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E8-12855 Filed 6-6-08; 8:45 am]