[Federal Register Volume 75, Number 20 (Monday, February 1, 2010)]
[Pages 5034-5035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2009]



Animal and Plant Health Inspection Service

[Docket No. APHIS-2009-0082]

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

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.


SUMMARY: We are advising the public that we have received a request 
from the government of the Republic of Chile to recognize additional 
areas as pest-free areas for Mediterranean fruit fly (Ceratitis 
capitata) in the Republic of Chile. 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 April 2, 

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0082) to submit or view comments 
and to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2009-0082, 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-2009-0082.
     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

[[Page 5035]]

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 
Chile to recognize an additional area of that country as being free of 
Ceratitis capitata, Mediterranean fruit fly (Medfly).\1\ Specifically, 
the government of the Republic of Chile asked that we recognize the 
Arica Province as an area that is free of Medfly. Currently, APHIS 
recognizes the Republic of Chile, except for the Arica Province, as 
free of Medfly. Furthermore, Medfly host articles (fruits and 
vegetables) from the Republic of Chile may be imported into the United 
States without treatment for Medfly from areas in the Republic of Chile 
that are free of Medfly. Recognizing the Arica Province as free of 
Medfly would result in the entire Republic of Chile as being recognized 
as free of that pest.

    \1\A list of pest-free-areas currently recognized by APHIS can 
be found at (http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/DesignatedPestFreeAreas.pdf).

    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 Chile 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 Chile from which fruits and vegetables are 
authorized for importation into the United States, our review of the 
information presented by the Republic of Chile in support of its 
request is examined in a commodity import evaluation document (CIED) 
titled ``Recognition of an Additional Region as Medfly Pest-Free Area 
(PFA) for the Republic of Chile.''
    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 Republic of Chile (including 
the Arica Province) meets the criteria of Sec.  319.56-5(a) and (b) 
with respect to freedom from Medfly. After reviewing the comments we 
receive on this notice, we will announce our decision regarding the 
status of this area with respect to their freedom from Medfly. If the 
Administrator's determination remains unchanged, we will amend the list 
of pest-free areas to list the Republic of Chile as free of Medfly.

    Done in Washington, DC, this 26\th\ day of January 2010.
Kevin Shea
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-2009 Filed 1-29-10: 8:45 am]