From: Subject: FR Doc E8-24334 Date: Wed, 15 Oct 2008 14:32:00 -0400 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://edocket.access.gpo.gov/2008/E8-24334.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 FR Doc E8-24334 
[Federal Register: October 14, 2008 (Volume 73, Number =
199)]
[Notices]              =20
[Page 60673-60674]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc08-29]                        =20

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2008-0066]

=20
Notice of Decision To Issue Permits for the Importation of Guavas=20
From Mexico Into the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public of our decision to begin issuing=20
permits for the importation into the United States of fresh guava fruit=20
from Mexico. Based on the findings of a pest risk analysis, which we=20
made available to the public for review and comment through a previous=20
notice, we believe that the application of one or more designated=20
phytosanitary measures will be sufficient to mitigate the risks of=20
introducing or disseminating plant pests or noxious weeds via the=20
importation of guavas from Mexico.

DATES: Effective Date: October 14, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. David B. Lamb, Import Specialist,=20
Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River Road=20
Unit 133, Riverdale, MD 20737-1231; (301) 734-8758.

SUPPLEMENTARY INFORMATION:=20

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR=20
319.56 through 319.56-47, referred to below as the regulations), the=20
Animal and Plant Health Inspection Service (APHIS) of the U.S.=20
Department of Agriculture prohibits or restricts the importation of=20
fruits and vegetables into the United States from certain parts of the=20
world to prevent plant pests from being introduced into and spread=20
within the United States.

[[Page 60674]]

    Section 319.56-4 of the regulations contains a performance-based=20
process for approving the importation of commodities that, based on the=20
findings of a pest risk analysis, can be safely imported subject to one=20
or more of the designated phytosanitary measures listed in paragraph=20
(b) of that section. Under that process, APHIS publishes a notice in=20
the Federal Register announcing the availability of the pest risk=20
analysis that evaluates the risks associated with the importation of a=20
particular fruit or vegetable. Following the close of the 60-day=20
comment period, APHIS may begin issuing permits for importation of the=20
fruit or vegetable subject to the identified designated measures if:=20
(1) No comments were received on the pest risk analysis; (2) the=20
comments on the pest risk analysis revealed that no changes to the pest=20
risk analysis were necessary; or (3) changes to the pest risk analysis=20
were made in response to public comments, but the changes did not=20
affect the overall conclusions of the analysis and the Administrator's=20
determination of risk.
    In accordance with that process, we published a notice \1\ in the=20
Federal Register on June 26, 2008 (73 FR 36296-36297, Docket No. APHIS-
2008-0066), in which we announced the availability, for review and=20
comment, of a pest risk analysis that evaluates the risks associated=20
with the importation into the United States of fresh guava fruit from=20
Mexico. We solicited comments on the notice for 60 days ending on=20
August 25, 2008. We received seven comments by that date, from guava=20
producers, a State department of agriculture, and the Mexican=20
department of agriculture. Six of the commenters supported the=20
importation of guavas from Mexico under the conditions described in the=20
risk management document. One commenter raised concerns about those=20
conditions. These concerns are addressed in an appendix to the pest=20
risk analysis. We have made a change to the pest risk analysis in=20
response to this comment, but the change did not affect the overall=20
conclusions of the analysis and the Administrator's determination of=20
risk. The amended portion of the pest risk analysis and the appendix=20
may be viewed on the Regulations.gov Web site or in our reading room=20
(see ADDRESSES above for instructions for accessing Regulations.gov and=20
information on the location and hours of the reading room).
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    \1\ To view the notice, the pest risk analysis, the risk=20
management analysis, and the comments we received, go to http://frwebga=
te.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlin=
klog&to=3Dhttp://www.regulations.gov/fdmspublic/component/main?main=3D=
DocketDetail%26d=3DAPHIS-2008-0066.
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--

    Therefore, in accordance with the regulations in Sec.  319.56-
4(c)(2)(ii), we are announcing our decision to begin issuing permits=20
for the importation into the United States of guavas from Mexico=20
subject to the following phytosanitary measures:
     The guavas must be irradiated with a minimum absorbed dose=20
of 400 gray.
     Each consignment of guavas must be inspected by the=20
national plant protection organization (NPPO) of Mexico and accompanied=20
by a phytosanitary certificate issued by the NPPO of Mexico. The=20
phytosanitary certificate must document that the consignment received=20
the required irradiation treatment. The phytosanitary certificate must=20
also contain an additional declaration that states:

    The fruit in this shipment was treated by irradiation with a=20
minimum absorbed dose of 400 Gy and inspected and found free of=20
Oligonychus biharensis, Oligonychus psidium, Mycovellosiella psidii,=20
Pestalotiopsis psidii, and Sphaceloma psidii.

     The guavas may be imported into the United States in=20
commercial consignments only.
    These conditions will be listed in the fruits and vegetables manual=20
(available at http://frwebgate.access.gpo.gov=
/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlinklog&to=3Dhtt=
p://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/fv.pd=
f). In addition to those specific measures, guavas=20
from Mexico will be subject to the general requirements listed in Sec. =20
319.56-3 that are applicable to the importation of all fruits and=20
vegetables.

    Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136=20
and 136a; 7 CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 8th day of October 2008.
Cindy Smith,
Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E8-24334 Filed 10-10-08; 8:45 am]

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