Notice of Decision To Authorize the Importation of Fresh Rambutan Fruit From Malaysia and Vietnam, 21854-21855 [2011-9465]
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21854
Notices
Federal Register
Vol. 76, No. 75
Tuesday, April 19, 2011
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2010–0104]
Notice of Decision To Authorize the
Importation of Fresh Rambutan Fruit
From Malaysia and Vietnam
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
We are advising the public of
our decision to authorize the
importation into the continental United
States of fresh rambutan fruit
(Nephelium lappaceum) from Malaysia
and Vietnam. 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
importation of fresh rambutan fruit from
Malaysia and Vietnam.
DATES: Effective Date: April 19, 2011.
FOR FURTHER INFORMATION CONTACT: Ms.
Claudia Ferguson, Regulatory Policy
Specialist, Regulations, Permits, and
Import Manuals, PPQ, APHIS, 4700
River Road Unit 133, Riverdale, MD
20737–1231; (301) 734–0754.
SUPPLEMENTARY INFORMATION:
SUMMARY:
mstockstill on DSKH9S0YB1PROD with NOTICES
Background
Under the regulations in ‘‘Subpart—
Fruits and Vegetables’’ (7 CFR 319.56–1
through 319.56–50, 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
VerDate Mar<15>2010
16:19 Apr 18, 2011
Jkt 223001
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 (PRA), 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 PRA that evaluates the risks
associated with the importation of a
particular fruit or vegetable. Following
the close of the 60-day comment period,
APHIS may authorize the importation of
the fruit or vegetable subject to the
identified designated measures if: (1) No
comments were received on the PRA;
(2) the comments on the PRA revealed
that no changes to the PRA were
necessary; or (3) changes to the PRA
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 December 15, 2010 (75 FR
78207–78208, Docket No. APHIS–2010–
0104), in which we announced the
availability, for review and comment, of
a PRA that evaluates the risks associated
with the importation into the
continental United States of fresh
rambutan fruit (Nephelium lappaceum)
from Malaysia and Vietnam. We
solicited comments on the notice for 60
days ending on February 14, 2011. We
received two comments by that date,
from a State agriculture agency and an
embassy agricultural affairs office. One
commenter concurred with the
mitigations described in the risk
management document. The other
commenter remarked that the notice
itself did not specify which of the five
designated phytosanitary measures
would be required for the rambutan
from Malaysia and Vietnam, so that it
was not clear that APHIS was requiring
treatment with irradiation. It is true that
our December 2010 notice itself did not
cite the specific mitigation measures
that we had identified for rambutan
1 To view the notice, the PRA, and the comments
we received, go to https://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=APHIS-2010-0104.
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
from Malaysia and Vietnam, but those
measures were detailed in the risk
mitigation document made available
with the notice. Those mitigation
measures are also described in this
notice. Accordingly, we have
determined that no changes to the PRA
are necessary based on the comment.
Therefore, in accordance with the
regulations in § 319.56–4(c)(2)(ii), we
are announcing our decision to
authorize the importation into the
continental United States of fresh
rambutan fruit from Malaysia and
Vietnam subject to the following
phytosanitary measures:
• The rambutan may be imported into
the continental United States in
commercial consignments only.
• For rambutan from Malaysia, each
consignment must be inspected by the
national plant protection organization
(NPPO) of Malaysia using a sampling
procedure mutually agreed upon by
APHIS and the NPPO. A representative
sample of fruit must be drawn from each
lot, inspected, and found free from the
fungus Oidium nephelii.
• The rambutan must be irradiated in
accordance with 7 CFR part 305 with a
minimum absorbed dose of 400 Gy.
• If the irradiation treatment is
applied outside the United States, each
consignment of fruit must be precleared
by APHIS inspectors in the country of
origin (i.e., Malaysia or Vietnam). The
rambutan must be jointly inspected by
APHIS and the NPPO of the country of
origin and accompanied by a
phytosanitary certificate (PC) attesting
that the fruit received the required
irradiation treatment. For rambutan
from Malaysia, the PC must also include
an additional declaration stating that the
consignment was inspected and found
free from Oidium nephelii.
• For rambutan from Malaysia, if the
irradiation treatment is to be applied
upon arrival in the United States, each
consignment of fruit must be inspected
by the Malaysia NPPO prior to
departure and accompanied by a PC
with an additional declaration stating
that the consignment has been inspected
and found free from Oidium nephelii.
These conditions will be listed in the
Fruits and Vegetables Import
Requirements database (available at
https://www.aphis.usda.gov/favir). In
addition to these specific measures,
rambutan fruit from Malaysia and
Vietnam will be subject to the general
E:\FR\FM\19APN1.SGM
19APN1
Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices
requirements listed in § 319.56–3 that
are applicable to the importation of all
fruits and vegetables. Further, for fruits
and vegetables requiring treatment as a
condition of entry, the phytosanitary
treatments regulations in 7 CFR part 305
contain administrative and procedural
requirements that must be observed in
connection with the application and
certification of specific treatments.
Authority: 7 U.S.C. 450, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
Done in Washington, DC, this 13th day of
April 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011–9465 Filed 4–18–11; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Forest Service
Rio Grande National Forest, Divide
Ranger District; Mineral County, CO;
Village at Wolf Creek Land Exchange
Forest Service, USDA.
Notice of intent to prepare an
Environmental Impact Statement.
AGENCY:
ACTION:
The Rio Grande National
Forest is preparing an Environmental
Impact Statement to analyze the
environmental effects of the proposed
Village at Wolf Creek Land Exchange.
This project includes the conveyance of
approximately 177 acres of a nonFederal land parcel owned by the
Leavell-McCombs Joint Venture (LMJV)
to the United States in exchange for
National Forest System lands totaling
approximately 204 acres. The nonFederal parcel is located in T37N., R2E.,
NMPM, Mineral County, CO, Sections 4,
5, 8 and 9, a portion of Tract 37. The
Federal parcel is located in T37N., R2E.,
NMPM, Mineral County, CO, Sections 3,
4, 5, and 9.
DATES: Formal scoping on this project
begins on April 20, 2011. Public open
houses will be held 4:30–7 p.m. on
April 25, in Creede, CO at the Creede
Community Center; April 26 in Pagosa
Springs at the Aragon Recreation Center,
CO and April 27 in Del Norte at the Rio
Grande County Annex Building, CO.
Comments concerning the scope of the
analysis should be received by June 4,
2011. The draft environmental impact
statement is expected in December,
2011 and the final environmental
impact statement is expected in March,
2012.
ADDRESSES: Send written comments to
the Rio Grande National Forest, Divide
mstockstill on DSKH9S0YB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:19 Apr 18, 2011
Jkt 223001
Ranger District, 13308 West Highway
160, Del Norte, CO 81132. Comments
may also be sent via e-mail to:
comments-rocky-mountain-riogrande@fs.fed.us or via facsimile to
1–719–657–6035.
FOR FURTHER INFORMATION CONTACT:
Additional information related to the
proposed project can be obtained from
the Forest webpage at: https://
www.fs.usda.gov/riogrande. For further
information, contact Tom Malecek at
(719) 657–3321.
SUPPLEMENTARY INFORMATION:
Background: In 1986, a Decision
Notice for the Environmental
Assessment of the Proposed Wolf Creek
Land Exchange allowed the conveyance
of 300 acres of National Forest System
(NFS) land on the Divide Range District
adjacent to the Wolf Creek Ski Area
(WCSA) in exchange for non-Federal
lands located within the Saguache
Ranger District on the Rio Grande
National Forest. In 2004, the Forest
Service initiated an Environmental
Impact Statement (EIS) in response to a
request for legal access to the property,
under the Alaska National Interests
Lands Conservation Act (ANILCA), in
order to allow the private landowners
the ability to begin development of the
Village at Wolf Creek. In March 2006, a
Record of Decision (ROD) was signed,
approving transportation and utility
corridors across NFS lands. In February
2008, as part of a Settlement Agreement,
the ROD was withdrawn. In September
2008, the Forest Service initiated a new
EIS after receiving a new application for
permanent road access from the
proponent. Early in the project analysis,
the project was placed on indefinite
hold pending new information and
potentially a new application.
LMJV has submitted this current land
exchange proposal as an alternative to
an ANILCA enabled easement under the
Federal Land Policy and Management
Act (FLPMA), as the Federal parcel
abuts US Highway 160.
Purpose and Need for Action: The
non-Federal party, LMJV, holds title to
land within the boundaries of the NFS,
and as such ‘‘* * * the Secretary shall
provide such access to non-federally
owned land within the boundaries of
the National Forest System as the
Secreatry deems adequate to secure to
the owner the reasonable use and
enjoyment thereof * * *’’
Therefore, the Rio Grande NF’s
Purpose and Need for Action is to allow
the non-Federal party to access its
property as legally entitled, while
minimizing environmental effects to
natural resources within the project
area. Any method of accommodating
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
21855
access to private land in the project area
needs to be cognizant of and sensitive
to the operations and recreational
experiences at Wolf Creek Ski Area,
which is adjacent to the non-Federal
parcel and operates under a Special Use
Permit from the Rio Grande NF.
Proposed Action: Given the nonFederal party’s legal right to access its
property and the United States legal
obligation to provide access to the
inholding, the Rio Grande NF believes
that a land exchange may be in the
public interest and thus merits
additional evaluation. Potential public
benefits include:
• Development of private lands
further away from Wolf Creek Ski Area,
reducing impacts to skiers and ski area
operations.
• Locating residential development
and associated infrastructure in an area
that is more suitable due to topography,
natural resources, and proximity to US
Highway 160.
• A net gain of wetlands and
perennial streams in public ownership.
• A lower density development.
• The land exchange would obviate
the need for ANILCA access.
The Proposed Action involves the
conveyance of approximately 178 acres
of non-Federal lands to the United
States in exchange for NFS lands
totaling approximately 204 acres. Upon
conveyance of the non-Federal parcel to
the United States, the newly acquired
NFS lands would be managed by the Rio
Grande NF per its 1996 Land and
Resource Management Plan, as
amended. The lands proposed for
inclusion in the land exchange are
summarized below.
Non-Federal Lands Proposed To Be
Conveyed to the United States
• Township 37 North, Range 2 East,
N.M.P.M., Mineral County, Colorado
• Sections 4, 5, 8, and 9: A portion of
Tract 37
• Total Area: Approximately 178
acres
In total, the non-Federal parcel is
approximately 300 acres in size, of
which approximately 178 acres are
proposed to be conveyed to the United
States. The non-Federal parcel is located
approximately 20 miles southwest of
South Fork and 25 miles northeast of
Pagosa Springs in Mineral County,
Colorado.
The non-Federal parcel is located just
east of Wolf Creek Pass at approximately
10,300 feet in elevation and is
comprised of spruce-fir forest, open
meadows and wetlands. The nonFederal parcel adjoins NFS lands on all
sides and is located within the Wolf
Creek Ski Area permit boundary.
E:\FR\FM\19APN1.SGM
19APN1
]]>Agencies
[Federal Register Volume 76, Number 75 (Tuesday, April 19, 2011)]
[Notices]
[Pages 21854-21855]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9465]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 /
Notices
[[Page 21854]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2010-0104]
Notice of Decision To Authorize the Importation of Fresh Rambutan
Fruit From Malaysia and Vietnam
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: We are advising the public of our decision to authorize the
importation into the continental United States of fresh rambutan fruit
(Nephelium lappaceum) from Malaysia and Vietnam. 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 importation of fresh rambutan fruit from
Malaysia and Vietnam.
DATES: Effective Date: April 19, 2011.
FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Regulatory
Policy Specialist, Regulations, Permits, and Import Manuals, PPQ,
APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 734-
0754.
SUPPLEMENTARY INFORMATION:
Background
Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-50, 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 (PRA), 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 PRA
that evaluates the risks associated with the importation of a
particular fruit or vegetable. Following the close of the 60-day
comment period, APHIS may authorize the importation of the fruit or
vegetable subject to the identified designated measures if: (1) No
comments were received on the PRA; (2) the comments on the PRA revealed
that no changes to the PRA were necessary; or (3) changes to the PRA
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 December 15, 2010 (75 FR 78207-78208, Docket No.
APHIS-2010-0104), in which we announced the availability, for review
and comment, of a PRA that evaluates the risks associated with the
importation into the continental United States of fresh rambutan fruit
(Nephelium lappaceum) from Malaysia and Vietnam. We solicited comments
on the notice for 60 days ending on February 14, 2011. We received two
comments by that date, from a State agriculture agency and an embassy
agricultural affairs office. One commenter concurred with the
mitigations described in the risk management document. The other
commenter remarked that the notice itself did not specify which of the
five designated phytosanitary measures would be required for the
rambutan from Malaysia and Vietnam, so that it was not clear that APHIS
was requiring treatment with irradiation. It is true that our December
2010 notice itself did not cite the specific mitigation measures that
we had identified for rambutan from Malaysia and Vietnam, but those
measures were detailed in the risk mitigation document made available
with the notice. Those mitigation measures are also described in this
notice. Accordingly, we have determined that no changes to the PRA are
necessary based on the comment.
---------------------------------------------------------------------------
\1\ To view the notice, the PRA, and the comments we received,
go to https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0104.
---------------------------------------------------------------------------
Therefore, in accordance with the regulations in Sec. 319.56-
4(c)(2)(ii), we are announcing our decision to authorize the
importation into the continental United States of fresh rambutan fruit
from Malaysia and Vietnam subject to the following phytosanitary
measures:
The rambutan may be imported into the continental United
States in commercial consignments only.
For rambutan from Malaysia, each consignment must be
inspected by the national plant protection organization (NPPO) of
Malaysia using a sampling procedure mutually agreed upon by APHIS and
the NPPO. A representative sample of fruit must be drawn from each lot,
inspected, and found free from the fungus Oidium nephelii.
The rambutan must be irradiated in accordance with 7 CFR
part 305 with a minimum absorbed dose of 400 Gy.
If the irradiation treatment is applied outside the United
States, each consignment of fruit must be precleared by APHIS
inspectors in the country of origin (i.e., Malaysia or Vietnam). The
rambutan must be jointly inspected by APHIS and the NPPO of the country
of origin and accompanied by a phytosanitary certificate (PC) attesting
that the fruit received the required irradiation treatment. For
rambutan from Malaysia, the PC must also include an additional
declaration stating that the consignment was inspected and found free
from Oidium nephelii.
For rambutan from Malaysia, if the irradiation treatment
is to be applied upon arrival in the United States, each consignment of
fruit must be inspected by the Malaysia NPPO prior to departure and
accompanied by a PC with an additional declaration stating that the
consignment has been inspected and found free from Oidium nephelii.
These conditions will be listed in the Fruits and Vegetables Import
Requirements database (available at https://www.aphis.usda.gov/favir).
In addition to these specific measures, rambutan fruit from Malaysia
and Vietnam will be subject to the general
[[Page 21855]]
requirements listed in Sec. 319.56-3 that are applicable to the
importation of all fruits and vegetables. Further, for fruits and
vegetables requiring treatment as a condition of entry, the
phytosanitary treatments regulations in 7 CFR part 305 contain
administrative and procedural requirements that must be observed in
connection with the application and certification of specific
treatments.
Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136
and 136a; 7 CFR 2.22, 2.80, and 371.3.
Done in Washington, DC, this 13th day of April 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-9465 Filed 4-18-11; 8:45 am]
BILLING CODE 3410-34-P
