[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Notices]
[Pages 80870-80871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33110]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2010-0032]


Notice of Determination of Pest-Free Areas in Mendoza Province, 
Argentina

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: We are advising the public that we are recognizing the 
Southern and Central Oases in the southern half of Mendoza Province in 
Argentina as pest-free areas for Mediterranean fruit fly and South 
American fruit fly. Based on our site visit to the area and our review 
of the documentation submitted by Argentina's national plant protection 
organization, which we made available to the public for review and 
comment through previous notices, the Administrator has determined that 
these areas meet the criteria in our regulations for recognition as 
pest-free areas for Mediterranean fruit fly and South American fruit 
fly.

DATES: Effective Date: December 27, 2011.

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 319.56-54, 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 
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.
    In accordance with our process, we published a notice \1\ in the 
Federal Register on June 25, 2010 (75 FR 36347-36348, Docket No. APHIS-
2010-0032), in which we announced the availability, for review and 
comment, of a commodity import evaluation document (CIED) that 
evaluates the information presented by Argentina in support of its 
request to recognize additional areas as pest-free areas for 
Mediterranean fruit fly (Ceratitis capitata) in Argentina. We solicited 
comments on the notice for 60 days ending on August 24, 2010. We 
received two comments by that date, one from a State agricultural 
official and the other from an official of Argentina's national plant 
protection organization (NPPO).
---------------------------------------------------------------------------

    \1\ To view the June 2010 and August 2011 notices, the CIEDs, 
and the comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2010-0032.
---------------------------------------------------------------------------

    The first commenter acknowledged Argentina's history of successful 
Medfly control efforts, but stated that APHIS should not relax its 
fruit fly-related restrictions until it can confirm that no other pest 
fruit flies--notably Anastrepha species fruit flies--are present in the 
area. The second commenter provided information to support a finding 
that the Mendoza Province is free of the South American

[[Page 80871]]

fruit fly (Anastrepha fraterculus). As a result of these comments, 
APHIS contacted the Argentine NPPO, which requested that, in addition 
to the pest-free status for C. capitata, the Mendoza province of 
Argentina also be recognized as free of A. fraterculus.
    We published a second notice in the Federal Register on August 19, 
2011 (76 FR 51934-51935, Docket No. APHIS-2010-0032), in which we 
announced the availability, for review and comment, of a CIED 
evaluating the information presented by Argentina in support of its 
request to recognize additional areas as pest-free areas for the South 
American fruit fly and all other economically important species of 
Anastrepha in Argentina. We solicited comments on the notice for 60 
days ending on October 18, 2011. We received no comments by that date.
    Therefore, in accordance with Sec.  319.56-5(c), we are announcing 
the Administrator's determination that the Southern and Central Oases 
in the southern half of Mendoza Province in Argentina meet the criteria 
of Sec.  319.56-5(a) and (b) with respect to freedom from Medfly, South 
American fruit fly, and all other economically important species of 
Anastrepha. Accordingly, we are recognizing these areas as pest-free 
areas for Medfly, South American fruit fly, and all other economically 
important species of Anastrepha and have added them to the list of 
pest-free areas. 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.

    Done in Washington, DC, this 19th day of December 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-33110 Filed 12-23-11; 8:45 am]
BILLING CODE 3410-34-P