System of Record Notice

78203

Notices

Federal Register
Vol. 75, No. 240
Wednesday, December 15, 2010

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
Agricultural Marketing Service
[Docket No. AMS–FV–09–0034; FV–09–707]

Privacy Act of 1974: New System of
Records
USDA, Agricultural Marketing
Service.
ACTION: Notice of a new system of
records for information collected
pursuant to the operation and
enforcement of Research and Promotion
programs.
AGENCY:

In accordance with the
Privacy Act of 1974, as amended, the
Agricultural Marketing Service (AMS)
proposes to add a system of records to
its inventory of records systems. The
system of record will cover information
collected under Research and Promotion
programs in AMS. This notice is
necessary to meet the requirements of
the Privacy Act to publish in the
Federal Register notice of the existence
and character of record systems
maintained by the agency. Although the
Privacy Act requires only that the
portion of the system that describes
‘‘routine uses’’ of the system be
published for comment, we invite
comment on all portions of this notice.
AMS Research and Promotion branches
and its components and offices have
relied on preexisting Privacy Act system
of records notices for the collection and
maintenance of records that pertain to
research and promotion program
management.
DATES: The established system of
records will be effective February 14,
2011 unless comments are received that
would result in a contrary
determination. Written comments must
be submitted on or before January 14,
2011.
ADDRESSES: Interested persons are
invited to submit written comments on
the Internet at http://www.regulations.

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SUMMARY:

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gov or to Kimberly Coy, Marketing
Specialist, Research and Promotion
Branch, FV, AMS, USDA, Stop 0244,
Room 0634–S, 1400 Independence
Avenue, SW., Washington, DC 20250–
0244; telephone (202) 720–9915 or (888)
720–9917 (toll free) or e-mail kimberly.
[email protected].
All comments received must include
the agency name and docket number for
this notice. All comments received will
be posted without change to http://
www.regulations.gov, including any
personal information provided. For
access to the docket to read background
documents or comments received, go to
http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact:
Kimberly Coy, Marketing Specialist,
Research and Promotion Branch, FV,
AMS, USDA, Stop 0244, Room 0634–S,
1400 Independence Avenue, SW.,
Washington, DC 20250–0244; telephone
(202) 720–9915 or (888) 720–9917 (toll
free) or e-mail [email protected].
gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Agriculture
(USDA), through AMS, helps the
agricultural industries develop and
expand domestic and international
markets for their commodities through
self-help programs that conduct
research and promotion activities. There
are currently 18 Research and
Promotion programs in AMS. AMS
exercises its authority and oversight of
these Research and Promotion programs
on specific domestic and imported
agricultural commodities. As part of its
authority and oversight role of various
Research and Promotion programs, AMS
requires information and data relating to
the production and the importation of
those products and commodities that
fall within its authority. Part of this
information is maintained by U.S.
Customs and Border Protection (CBP) in
the Automated Commercial
Environment (ACE). In support of these
requirements, CBP through ACE collects
and transmits the identified information
as it relates to the import of various
agricultural commodities and products.
AMS agrees that the information
obtained from CBP will only be used for
the purposes of implementing AMS
laws and regulations, including using
this data for regulatory enforcement

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actions brought in USDA administrative
proceedings and/or Federal courts,
preparing and releasing summary and
statistical market news reports on
agricultural commodities and related
products, verification of payment of
assessments, and referendum
procedures. However, any further
dissemination not expressly identified
here will not occur without the express
written permission of CBP. AMS further
agrees that any request pursuant to the
FOIA (5 U.S.C. 552) for CBP information
transferred to AMS will be sent to CBP
by secure connectivity for response. The
information will be reviewed only by
authorized AMS personnel on a roll
base and a need-to-know basis and will
be kept secure.
In regards to the information collected
from domestic production, AMS and the
commodity boards or councils maintain
such confidential information as
required under the specific statutes and
government policies relating to
confidential information.
While an order issued under the
review and guidance of AMS is in effect
with respect to an agricultural
commodity, assessments shall be paid
by producers, first handlers, or others in
the marketing chain with respect to the
agricultural commodity produced and
marketed in the United States and paid
by importers with respect to the
agricultural commodity imported into
the United States, if the imported
agricultural commodity is covered by
the order. Assessments required under
an order shall be remitted to the board
established under the order at the time
and in the manner prescribed by the
order. Late-payment and interest
charges may be levied on each person
subject to an order who fails to remit an
assessment. The rate for the charges
shall be specified by the Secretary. The
board/council, with the approval of the
Secretary, may enter into agreements
authorizing other organizations to
collect assessments and possibly
personally identifiable information in
its behalf. Any such organization shall
be required to maintain the
confidentiality of such information as is
required by the board/council for
collection purposes. Persons failing to
remit total assessments due in a timely
manner may also be subject to actions
under Federal debt collection
procedures. In order to verify that
assessments are indeed required to be

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paid, and if so, that assessments
required are considered late, the
Department must collect information
from the board/council as well as the
assessment payer.
Each order shall establish a board/
council to carry out a program of generic
promotion, research, and information
regarding the agricultural commodity
covered by the order. Each board shall
consist of the number of members as
established by the order for each
specific commodity. In addition to
members, the Secretary may also
provide for alternates on the board. The
Secretary shall appoint the members
and any alternates of a board from
among producers of the agricultural
commodity and first handlers and
others in the marketing chain as
appropriate. If imports of the
agricultural commodity covered by an
order are subject to assessment, the
Secretary shall also appoint importers as
members of the board and as alternates,
if alternates are included on the board.
The Secretary may appoint one or more
members of the general public to each
board. The Secretary may make
appointments from nominations made
pursuant to the method set forth in each
commodity’s respective order. In order
to nominate members to the board, the
department must collect information to
verify identity and eligibility to serve on
the boards/councils.
AMS Research and Promotion
branches and its components and offices
have relied on preexisting Privacy Act
system of records notices for the
collection and maintenance of records
that pertain to research and promotion
program management.
As part of its efforts to streamline and
consolidate its Privacy Act record
systems, AMS is establishing a new
Research and Promotion program-wide
system of records under the Privacy Act
(5 U.S.C. 552a) for research and
promotion records management. This
will ensure that all AMS Research and
Promotion branches follow the same
privacy rules for collecting and
handling individuals’ security
management records.
II. Privacy Act
The Privacy Act of 1974, as amended
(5 U.S.C. 552a) requires agencies to
publish in the Federal Register any
notice of a new or revised system of
records maintained by the agency. A
system of records is a group of any
records under the control of any agency,
from which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to an
individual. The Privacy Act embodies

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fair information practice principles in a
statutory framework governing the
means by which the United States
Government collects, maintains, uses,
and disseminates personally identifiable
information. In the Privacy Act, an
individual is defined to encompass
United States citizens and legal
permanent residents. As a matter of
policy, AMS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors. Individuals may request their
own records that are maintained in a
system of records in the possession or
under the control of AMS by complying
with AMS Privacy Act regulations.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
in order to make agency recordkeeping
practices transparent, to notify
individuals regarding the uses to which
personally identifiable information is
put, and to assist individuals to more
easily find such files within the agency.
Below is a description of the USDA
Research and Promotion Programs
System of Records Notice.
SYSTEM NUMBER:

USDA/AMS–12
SYSTEM NAME:

USDA/Research and Promotion
Programs Information Retrieval (RPPIR)
(New)
SECURITY CLASSIFICATION:

Unclassified, sensitive, for official use
only, and classified.
SYSTEM LOCATION:

Records are maintained at several
USDA Headquarters locations and in
Research and Promotion Boards or
Councils offices in the USDA,
Agricultural Marketing Service, 1400
Independence Avenue, SW.,
Washington, DC 20250–0244, and in
field locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include: (1) All Research
and Promotion Board or Council
nominees including, but not limited to:
Producers, handlers, importers, foreign
producers, and at-large members; (2)
importers that are self-proprietors and
maintain a valid Customs importer
number; (3) all individuals covered by
a Research and Promotion program
under AMS supervision; (4) individuals

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who are regulated by the subject Acts
and Regulations who may be
investigated for possible violations;
including customers, producers,
handlers, importers, plant operators,
farmers, licenses, inspectors, graders,
weighers, classers, collaborators, agents,
appointees, samplers, and other nonFederal employees; and (5) any other
individuals involved in a review or
investigation as an alleged violator.
CATEGORIES OF RECORDS IN THE SYSTEM:

The system consists of investigatory
material which may include intra- and
interdepartmental recommendations
pertaining to an alleged violation of the
subject Acts. It may include name,
social security number, tax
identification number, employment
history, performance ratings, criminal
history, financial information,
background information, biographical
data, customs operations, license files,
bond records, commodity information,
power of attorney, and case file
information. The case file contains
evidence gathered in the course of the
review or investigations. The system
will also contain the following records:
• Records relating to nominations to
the board/council including, but not
limited to:
Æ Individual’s name;
Æ Social Security number;
Æ Date of birth;
Æ Address;
Æ Employment information;
Æ Professional affiliation(s);
Æ Education;
Æ Tax Identification Number;
Æ Income sources for amounts over
$10,000; and
Æ Criminal history.
• Records relating to compliance
including, but not limited to:
Æ The total quantity of commodity
acquired during the reporting period;
Æ Total quantity handled during the
period;
Æ The total quantity for sale from the
first handler’s own production;
Æ The quantity purchased from a first
handler or importer responsible for
paying the assessment;
Æ The date assessment payments
were made; and
Æ The first handler’s tax
identification number.
Æ For importers, the information may
include: The total quantity imported
during such reporting period;
Æ A record of each lot imported
during the reporting period including
quantity, date, country of origin, and
port of entry; and
Æ The importer of record tax
identification number.
• Records relating to customs
include, but not limited to:

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Æ Importer Number (tax
identification number, Duns number,
etc.)
Æ Importer name and address (need
physical address)
Æ Importer contact name, phone
Æ Country
Æ Port
Æ Collection date
Æ Trans number
Æ Terminal ID
Æ Collection type
Æ Document number
Æ Quantity (volume)
Æ Harmonized Tariff Schedule Code
Æ Assessment collected
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Privacy Act of 1974, as amended, 5
U.S.C. 552a; Commodity Promotion,
Research, and Information Act of 1996
(7 U.S.C. 7411–7425) (Blueberries,
Honey Packers and Importers, Lamb,
Mangos, Peanuts, Sorghum, and other
laws, statutes, regulations or orders as
designated), Beef Research and
Promotion Act (7 U.S.C. 2901–2911),
Cotton Research and Promotion Act (7
U.S.C. 2101–2118), Dairy Production
Stabilization Act of 1983 (7 U.S.C.
4501–4514), Egg Research and
Consumer Information Act of 1974 (7
U.S.C. 2701–2718), Fluid Milk
Promotion Act of 1990 (7 U.S.C. 6401–
6417), Hass Avocado Promotion,
Research, and Information Act of 2000
(7 U.S.C. 7801–7813), Mushroom
Promotion, Research, and Consumer
Information Act of 1990 (7 U.S.C. 6101–
6112), Popcorn Promotion, Research,
and Consumer Information Act (7 U.S.C.
7481–7491), Pork Promotion, Research,
and Consumer Information Act of 1985
(7 U.S.C. 4801–4819), Potato Research
and Promotion Act (7 U.S.C. 2611–
2627), Soybean Promotion, Research,
and Consumer Information Act of 1990
(7 U.S.C. 6301–6311), Watermelon
Research and Promotion Act (7 U.S.C.
4901–4916), 7 CFR Parts 1150, 1160,
1205, 1206, 1207, 1209, 1210, 1212,
1215, 1216, 1218, 1219, 1220, 1221,
1230, 1250, 1260, 1280, and all the
various agricultural products and
commodities in which AMS Research
and Promotion has present or future
statutory or regulatory interest.

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PURPOSE:

The purpose of this system is to
maintain the information to verify the
eligibility of persons nominated to
positions to the commodity boards as
well as to verify the eligibility of
persons applying for exemptions or
credit of assessments. The system also
permits AMS to use CBP ACE DATA to
ensure compliance with AMS laws and
regulations, and publicly disseminate in

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aggregate form daily market information
for various individual agricultural
commodities and related products. This
system also allows the collection of
information related to all AMS Research
and Promotion programs for referendum
purposes and for compliance cases to
ensure compliance with AMS laws and
regulations.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

1. Routine use for disclosure to the
Department of Justice for use in
litigation: To the Department of Justice
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity
where the Department of Justice has
agreed to represent the employee; (c)
any employee of the agency in his or her
individual capacity where the agency or
the Department of Justice has agreed to
represent the employee; or (d) the
United States Government, is a party to
litigation or has an interest in such
litigation, and by careful review, the
agency determines that the records are
both relevant and necessary to the
litigation and the use of such records by
the Department of Justice is therefore
deemed by the agency to be for a
purpose that is compatible with the
purpose for which the agency collected
the records.
2. Routine use for disclosure to
adjudicative body in litigation: To a
court or adjudicative body in a
proceeding when: (a) The agency or any
component thereof; or (b) any employee
of the agency in his or her official
capacity; or (c) any employee of the
agency in his or her individual capacity
where the agency has agreed to
represent the employee; or (d) the
United States Government, is a party to
litigation or has an interest in such
litigation, and by careful review, the
agency determines that the records are
both relevant and necessary to the
litigation and the use of such records is
therefore deemed by the agency to be for
a purpose that is compatible with the
purpose for which the agency collected
the records.
3. Routine use for law enforcement
purposes: When a record on its face, or
in conjunction with other records,
indicates a violation or potential
violation of law, whether civil, criminal
or regulatory in nature, and whether
arising by general statute or particular
program statute, or by regulation, rule,
or order issued pursuant thereto,
disclosure may be made to the
appropriate agency, whether Federal,
foreign, State, local, or tribal, or other
public authority responsible for

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enforcing, investigating, or prosecuting
such violation or charged with enforcing
or implementing the statute, or rule,
regulation, or order issued pursuant
thereto, if the information disclosed is
relevant to any enforcement, regulatory,
investigative or prosecutive
responsibility of the receiving entity.
4. Routine use for disclosure to a
Member of Congress at the request of a
constituent: To a Member of Congress or
to a Congressional staff member in
response to an inquiry of the
Congressional office made at the written
request of the constituent about whom
the record is maintained.
5. Routine use for disclosure to
National Archives and Records
Administration (NARA): Records from
this system of records may be disclosed
to the National Archives and Records
Administration or to the General
Services Administration for records
management inspections conducted
under 44 U.S.C. 2904 and 2906.
6. Routine use for disclosure to
contractors under section (m): To
agency contractors, grantees, experts,
consultants or volunteers who have
been engaged by the agency to assist in
the performance of a service related to
this system of records and who need to
have access to the records in order to
perform the activity. Recipients shall be
required to comply with the
requirements of the Privacy Act of 1974,
as amended, pursuant to 5 U.S.C.
552a(m).
7. Routine use to HHS parent locator
system for finding parents who don’t
pay child support: The name and
current address of record of an
individual may be disclosed from this
system of records to the parent locator
service of the Department of HHS or
authorized persons defined by Public
Law 93–647. 42 U.S.C. 653
8. Routine use for use in nominations,
employment, clearances, licensing,
contract, grant or other benefits
decisions by the agency: Disclosure may
be made to Federal, State, local or
foreign agency maintaining civil,
criminal, or other relevant enforcement
records, or other pertinent records, or to
another public authority or professional
organization, if necessary to obtain
information relevant to an investigation
concerning the nomination of a board or
council member, retention of an
employee or other personnel action
(other than hiring), the retention of a
security clearance, the letting of a
contract, or the issuance or retention of
a grant, or other benefit.
9. For use in nominations,
employment, clearances, licensing,
contract, grant or other benefit decisions
by other than the agency: Disclosure

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may be made to a Federal, State, local,
foreign, or tribal or other public
authority the fact that this system of
records contains information relevant to
the nomination of a board or council
member, retention of an employee, the
retention of a security clearance, the
letting of a contract, or the issuance or
retention of a license, grant, or other
benefit. The other agency or licensing
organization may then make a request
supported by the written consent of the
individual for the entire record if it so
chooses. No disclosure will be made
unless the information has been
determined to be sufficiently reliable to
support a referral to another office
within the agency or to another Federal
agency for criminal, civil,
administrative, personnel, or regulatory
action.
10. MANDATORY Routine Use—
information security breaches: To
appropriate agencies, entities, and
persons when: (a) [the agency] suspects
or has confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (b) the Department has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
11. To comply with FFATA and
similar statutory requirements for public
disclosure in situations where records
reflect loans, grants, or other payments
to members of the public: USDA will
disclose information about individuals
from this system of records in
accordance with the Federal Funding
Accountability and Transparency Act of
2006 (Pub. L. 109–282; codified at 31
U.S.C. 6101, et seq.); section 204 of the
E-Government Act of 2002 (Pub. L.
107B347; 44 U.S.C. 3501 note), and the
Office of Federal Procurement Policy
Act (41 U.S.C. 403 et seq.), or similar
statutes requiring agencies to make
available publicly, information
concerning Federal financial assistance,
including grants, sub-grants, loan
awards, cooperative agreements and
other financial assistance; and contracts,
subcontracts, purchase orders, task
orders, and delivery orders.

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DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

To a ‘‘consumer reporting agency’’ as
defined in the Fair Credit Reporting Act
(12 U.S.C. 1681a(f) or the Federal
Claims Collection Reporting Act of 1966
(15 U.S.C. 3701(a)(3) in accordance with
section 3711(f) of Title 31.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

Records are stored in paper and
electronic format.
RETRIEVABILITY:

Records are retrieved by individual’s
name or other unique identifier.
SAFEGUARDS:

All records containing personal
information are maintained in secured
file cabinets or in restricted areas, in
which access is limited to authorized
personnel. Access to computerized data
is password-protected and under the
responsibility of the system manager
and subordinates. The database
administrator has the ability to review
audit trails, thereby permitting regular
ad hoc monitoring of computer usage.
RETENTION AND DISPOSAL:

Records are maintained for a period of
5 years, as required by 7 CFR part 6. The
records are then destroyed in
accordance with USDA procedures.
SYSTEM MANAGER AND ADDRESS:

A System Manager manages the
system for each of the following AMS
Programs: Cotton and Tobacco, Dairy,
Fruit and Vegetable, Livestock and
Seed, Poultry, Science and Technology,
Transportation and Marketing,
Compliance and Analysis Offices, and
the Information Technology Services
Program. For general information, you
may contact Douglas Bailey, Chief,
Information Technology, USDA/ST/IT/
OCIO, Mail Stop 1742, 1400
Independence Avenue, SW.,
Washington, DC 20250–1064.
Any individual may request
information concerning himself/herself
from this system from the Office of the
System Manager having custody of his
records at the system location.
Individuals seeking notification to
access any record contained in this
system of records, or seeking to contest
its contents may submit a request in
writing to Douglas C. Bailey, Chief
Information Officer, Department of
Agriculture, Agricultural Marketing
Service, Mail Stop 0244, Room 1752–S,

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RECORDS ACCESS PROCEDURE:

See the ‘‘Notification Procedure’’
above.
CONTESTING RECORD PROCEDURES:

See the ‘‘Notification Procedure’’
above.
RECORD SOURCE CATEGORIES:

NOTIFICATION PROCEDURE:

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1400 Independence Avenue, SW.,
Washington, DC 20250–0244.
When seeking records about yourself
from this system of records or any other
Departmental system of records, your
request must conform to the Privacy Act
regulations set forth in 7 CFR part 1.
You must first verify your identity,
meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain more information for this
purpose from the Privacy Act Officer,
FOIA, http://www.da.usda.gov/foia.htm,
or (202) 720–2498. In addition you
should provide the following:
• An explanation of why you believe
the Department would have information
on you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
record would have been created;
• Provide any other information that
will help the FOIA staff determine
which AMS component agency may
have responsive records;
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his or her
agreement for you to access his or her
records.
Without complete information, the
component(s) will not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.

These records contain information
obtained from the individual who is the
subject of these records and from CBP
and information the individual
provided to CBP.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

Pursuant to 5 U.S.C. 552a(k)(2),
material in this system of records is
exempt from the requirements of 5
U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G),
(H), and (I), and (f) because it consists
of investigatory material compiled for
law enforcement purposes 7 CFR 1.123.

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5 U.S.C. 552a(d) requires that an
individual be given access to, and the
right to, amend files pertaining to him
or her. Individual access to these files
could impair investigations in progress
and alert subjects involved in the
investigations that their actions are
under scrutiny, which may allow them
the opportunity to alter their actions or
prevent detection of any illegal actions
to escape prosecution. Release of these
records would also disclose
investigative techniques and procedures
employed by AMS and other agencies,
which would hamper law enforcement
activities.
5 U.S.C. 552a(c)(3) requires that an
accounting of disclosures be made
available to an individual. This would
impair investigations by alerting
subjects of investigations to the
existence of those investigations.
Release of the information could result
in the altering or destruction of
documentary evidence, improper
influencing of witnesses, and other
activities that could impede or
compromise the investigation. 5 U.S.C.
552a(e)(1) requires that only such
information as is relevant and necessary
to accomplish a purpose of the agency
required by statute or Executive Order
can be maintained. Exemption from this
provision is required because relevance
and necessity can be determined only
after information is evaluated.
Evaluation at the time of collection is
too consuming for the efficient conduct
of an investigation. Further, determining
relevance or necessity of specific
information in the early stages of an
investigation is not possible.
5 U.S.C. 552a(e)(4)(G) and (H), and (f)
provides for notification and access
procedures. These requirements, if
followed, would necessarily alert
subjects of investigations to the
existence of the investigation which
could impair the investigation. Access
to the records likewise could interfere
with investigative and enforcement
proceedings; disclose confidential
informants and information; constitute
an unwarranted invasion of personal
privacy of others; and reveal
confidential investigative techniques
and procedures.
5 U.S.C. 552a(e)(4)(I), requires that
categories of sources of records in each
system be published. Application of this
provision could disclose investigative
techniques and procedures and cause
sources to refrain from giving such
information because of fear of reprisal,
or fear of breach of promises of
anonymity and confidentially. This
would compromise the ability to
conduct investigations.

VerDate Mar<15>2010

19:10 Dec 14, 2010

Jkt 223001

Dated: December 8, 2010.
Thomas J. Vilsack,
Secretary.
[FR Doc. 2010–31400 Filed 12–14–10; 8:45 am]
BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2010–0104]

Notice of Availability of a Pest Risk
Analysis for the Importation of Fresh
Rambutan Fruit (Nephelium
lappaceum) From Malaysia and
Vietnam
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:

We are advising the public
that we have prepared a pest risk
analysis that evaluates the risks
associated with the importation into the
continental United States of fresh
rambutan fruit (Nephelium lappaceum)
from Malaysia and Vietnam. Based on
this analysis, 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. We are making the pest risk
analysis available to the public for
review and comment.
DATES: We will consider all comments
that we receive on or before February
14, 2011.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov/fdmspublic/
component/
main?main=DocketDetail&d=APHIS2010-0104 to submit or view comments
and to view supporting and related
materials available electronically.
• Postal Mail/Commercial Delivery:
Please send one copy of your comment
to Docket No. APHIS–2010–0104,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road Unit 118, Riverdale, MD
20737–1238. Please state that your
comment refers to Docket No. APHIS–
2010–0104.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room is located in room 1141 of the
USDA South Building, 14th Street and
Independence Avenue, SW.,
Washington, DC. Normal reading room
SUMMARY:

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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.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
http://www.aphis.usda.gov.
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 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.
These measures are:
• The fruits or vegetables are subject
to inspection upon arrival in the United
States and comply with all applicable
provisions of § 319.56–3;
• The fruits or vegetables are
imported from a pest-free area in the
country of origin that meets the
requirements of § 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;
• The fruits or vegetables are treated
in accordance with 7 CFR part 305;
• The fruits or vegetables are
inspected in the country of origin by an
inspector or an official of the national
plant protection organization of the
exporting country, and have been found
free of one or more specific quarantine
pests identified by the risk assessment
as likely to follow the import pathway;
and/or
• The fruits or vegetables are a
commercial consignment.
APHIS received requests from the
Governments of Malaysia and Vietnam
to allow the importation of fresh
rambutan fruit (Nephelium lappaceum)

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