[Federal Register Volume 75, Number 111 (Thursday, June 10, 2010)]
[Page 32901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13933]



Animal and Plant Health Inspection Service

[Docket No. APHIS-2009-0082]

Notice of Determination of Pest-Free Areas in the Republic of 

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.


SUMMARY: We are advising the public that we are recognizing an 
additional area of the Republic of Chile as a pest-free area for 
Ceratitis capitata, Mediterranean fruit fly (Medfly). Based on our site 
visit to the area and our review of the documentation submitted by the 
Republic of Chile, which we made available to the public review and 
comment through a previous notice, the Administrator has determined 
that the area meets the criteria in our regulations for recognition as 
a pest-free area for Medfly.

EFFECTIVE DATE: June 10, 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 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 
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.
    In accordance with that process, we published a notice\1\ in the 
Federal Register on February 1, 2010 (75 FR 5034-5035, Docket No. 
APHIS-2009-0082), in which we announced the availability, for review 
and comment, of a commodity import evaluation document titled 
``Recognition of an Additional Region as Medfly Pest-Free Area (PFA) 
for the Republic of Chile.'' In this document, we examined 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 from Mediterranean fruit fly (Medfly, Ceratitis capitata). 
Prior to this notice, APHIS recognized the Republic of Chile, except 
for the Arica Province, as free of Medfly. Therefore, 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\ 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-2009-0082).

    We solicited comments on the notice for 60 days ending on April 2, 
2010. We received four comments by that date, from packers, importers, 
and a fresh produce company, that all supported the recognition of the 
Arica Province of the Republic of Chile as a pest-free area.
    Therefore, in accordance with Sec.  319.56-5(c), we are announcing 
the Administrator's determination that the Arica Province meets the 
criteria of Sec.  319-56(a) and (b) with respect to freedom from 
Medfly. Accordingly, we are recognizing the Republic of Chile as a 
pest-free area for Medfly and have added it to the list of pest-free 
areas, which may be viewed 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 
    Done in Washington, DC, this 3\rd\ day of June 2010.

Kevin Shea
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-13933 Filed 6-9-10; 8:45 am]