[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Notices]
[Page 3075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-985]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
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  Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / 
Notices  

[[Page 3075]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2010-0061]


Notice of Decision to Allow Interstate Movement of Guavas From 
Hawaii Into the Continental 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 allowing 
the interstate movement into the continental United States of fresh 
guava fruit from Hawaii. Based on the findings of a pest risk analysis, 
which we made available to the public for review and comment through a 
previous notice, we believe that the application of one or more 
designated phytosanitary measures will be sufficient to mitigate the 
risks of introducing or disseminating plant pests or noxious weeds via 
the interstate movement of guavas from Hawaii.

DATES:  Effective Date: January 19, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. David Lamb, Import Specialist, 
PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 
734-0627.

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart--Regulated Articles From Hawaii 
and the Territories'' (7 CFR 318.13-1 through 318.13-26, 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 interstate movement of fruits and vegetables into the 
United States from Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam, 
and the Commonwealth of the Northern Mariana Islands to prevent plant 
pests and noxious weeds from being introduced into and spread within 
the continental United States. (The continental United States is 
defined in Sec.  318.13-2 of the regulations as the 48 contiguous 
States, Alaska, and the District of Columbia.)
    Section 318.13-4 contains a performance-based process for approving 
the interstate movement 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. Under that process, APHIS publishes a notice in the Federal 
Register announcing the availability of the pest risk analysis that 
evaluates the risks associated with the interstate movement of a 
particular fruit or vegetable. Following the close of the 60-day 
comment period, APHIS may begin allowing the interstate movement of the 
fruit or vegetable subject to the identified designated measures if: 
(1) No comments were received on the pest risk analysis; (2) the 
comments on the pest risk analysis revealed that no changes to the pest 
risk analysis were necessary; or (3) changes to the pest risk analysis 
were made in response to public comments, but the changes did not 
affect the overall conclusions of the analysis and the Administrator's 
determination of risk.
    In accordance with that process, we published a notice \1\ in the 
Federal Register on August 25, 2010 (75 FR 52304-52305, Docket No. 
APHIS-2010-0061), in which we announced the availability, for review 
and comment, of a pest risk analysis that evaluates the risks 
associated with the interstate movement of guavas (Psidium guajava L.) 
from Hawaii into the continental United States. We solicited comments 
on the notice for 60 days ending on October 25, 2010. We received one 
comment by that date, from a State department of agriculture. The 
commented supported the action described in the notice. Therefore, in 
accordance with the regulations in Sec.  318.13-4, we are announcing 
our decision to begin allowing the interstate movement of guavas from 
Hawaii into the continental United States subject to the following 
phytosanitary measures:
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    \1\ To view the notice, the pest risk analysis, and the comment 
we received, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0061.
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     The guavas must be irradiated in accordance with 7 CFR 
part 305 with a minimum absorbed dose of 400 Gy.
     The guavas must be inspected by an inspector in Hawaii and 
found free of Eutetranychus orientalis and Oligonychus biharensis.
     The guavas may be moved in as commercial consignments 
only.
    These conditions will be listed in the Hawaii Fruits and Vegetables 
Manual (available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/hawaii.pdf). In addition to those specific 
measures, guavas from Hawaii will be subject to the general 
requirements listed in Sec.  318.13-3 that are applicable to the 
interstate movement of all fruits and vegetables from Hawaii.

    Authority:  7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.

    Done in Washington, DC, this 12th day of January 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-985 Filed 1-18-11; 8:45 am]
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