[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Notices]
[Page 62339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26050]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2011-0037]


Notice of Decision To Allow Interstate Movement of Rambutan From 
Puerto Rico 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 
rambutan fruit from Puerto Rico. 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 rambutan from Puerto Rico.

DATES: Effective Date: October 7, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Philip Grove, Regulatory 
Coordinator, PPQ, APHIS, 4700 River Road Unit 156, Riverdale, MD 20737-
1231; (301) 734-6280.

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 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 June 16, 2011 (76 FR 35186-35187, Docket No. APHIS-
2011-0037), 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 rambutan fruit (Nephilium lappaceum L.) 
from Puerto Rico into the continental United States. We solicited 
comments on the notice for 60 days ending on August 15, 2011. We 
received no comments by that date.
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    \1\ To view the notice and the pest risk analysis, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0037.
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    Therefore, in accordance with the regulations in 318.13-4, we are 
announcing our decision to begin allowing the interstate movement of 
rambutan from Puerto Rico into the continental United States subject to 
the following phytosanitary measures:
     Inspection and certification by an inspector in Puerto 
Rico that the rambutan are free of all quarantine pests likely to 
follow the pathway of interstate movement of the rambutan;
     Movement of the rambutan as commercial consignments only; 
and
     Distribution of the rambutan only within a defined area (a 
prohibition on movement to Hawaii, the Virgin Islands, or Guam) and 
marking of the boxes or containers in which the rambutan is distributed 
to indicate those distribution restrictions.
    These conditions will be listed in the Puerto Rico Manual, found on 
the Internet at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/puerto_rico.pdf. In addition to those specific 
measures, rambutan from Puerto Rico will be subject to the general 
requirements listed in 318.13-3 that are applicable to the interstate 
movement of all fruits and vegetables from Puerto Rico.

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

    Dated: Done in Washington, DC, this 3rd day of October 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-26050 Filed 10-6-11; 8:45 am]
BILLING CODE 3410-34-P