[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Notices]
[Pages 56730-56731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23431]


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 Notices
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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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  Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / 
Notices  

[[Page 56730]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2011-0088]


Determination of Pest-Free Areas in Australia; Request for 
Comments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public that we have received a request 
from the Government of Australia to recognize additional areas as pest-
free areas for Mediterranean fruit fly (Ceratitis capitata) or 
Queensland fruit fly (Bactrocera tryoni). 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 that we receive on or before 
November 14, 2011.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0088-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2011-0088, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2011-
0088 or in our reading room, which 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.

FOR FURTHER INFORMATION CONTACT: Ms. Meredith C. Jones, Regulatory 
Coordination Specialist, Regulatory Coordination and Compliance, APHIS, 
4700 River Road Unit 156, Riverdale, MD 20737; (301) 734-7467.

SUPPLEMENTARY INFORMATION: Under the regulations in ``Subpart--Fruits 
and Vegetables'' (7 CFR 319.56-1 through 319.56-51, 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 \1\ 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.
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    \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.
---------------------------------------------------------------------------

    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.
    APHIS has received a request from the Government of Australia to 
recognize new areas of that country as being free of Ceratitis 
capitata, the Mediterranean fruit fly (Medfly), and to recognize other 
areas of the country as being free of Bactrocera tryoni, the Queensland 
fruit fly. Specifically, the Government of Australia asked that we 
recognize the States of New South Wales, Northern Territory, 
Queensland, South Australia, Tasmania, and Victoria as free of Medfly 
and the State of Western Australia as free of Queensland fruit fly.
    Each proposed pest-free area is free of one of the fruit flies, but 
may have the other fruit fly, so fruit from these areas of Australia 
would still require a quarantine treatment. However the treatments 
required are different for each fly, are less stringent than the 
treatments for both flies, and therefore are less damaging to the 
commodity.
    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 Australia 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 
Australia from which fruits and vegetables are authorized for 
importation into the United States, our review of the information 
presented by Australia in support of its request is examined in a 
commodity import evaluation document (CIED) titled ``Recognition of 
Additional States as Medfly and Queensland fruit fly Pest-Free Areas 
(PFA) for Australia.''
    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.

[[Page 56731]]

    Therefore, in accordance with Sec.  319.56-5(c), we are announcing 
the Administrator's determination that the States of New South Wales, 
Northern Territory, Queensland, South Australia, Tasmania, and Victoria 
meet the criteria of Sec.  319.56-5(a) and (b) with respect to freedom 
from Medfly and the State of Western Australia meets the criteria of 
Sec.  319.56-5(a) and (b) with respect to freedom from Queensland fruit 
fly. After reviewing the comments we receive on this notice, we will 
announce our decision regarding the status of these areas with respect 
to their freedom from Medfly and Queensland fruit fly. If the 
Administrator's determination remains unchanged, we will amend the list 
of pest-free areas to list the States of New South Wales, Northern 
Territory, Queensland, South Australia, Tasmania, and Victoria as free 
of Medfly and the State of Western Australia as free of Queensland 
fruit fly.

    Done in Washington, DC, this 7th day of September 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-23431 Filed 9-13-11; 8:45 am]
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