Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Animal and Plant Health Inspection Service

          - [Docket No. APHIS-2010-0023]

# AGENCY:

Animal and Plant Health Inspection Service, USDA.

# ACTION:

Notice.

# SUMMARY:

                        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 Cape gooseberry fruit (                        *Physalis peruviana*                         L.) with husks from Chile. Based on this analysis, we concluded 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 Cape gooseberry fruit from Chile. 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 October 11, 2011.

# ADDRESSES:

You may submit comments by either of the following methods:
      -  Federal eRulemaking Portal:                          Go to                          http://www.regulations.gov/​#!documentDetail;​D=​APHIS-2010-0023-0001. 
      -  Postal Mail/Commercial Delivery:                          Send your comment to Docket No. APHIS-2010-0023, 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-2010-0023*                         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. Claudia Ferguson, Regulatory Policy Specialist, Regulations, Permits, and 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 319.56-51, 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 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.

                    APHIS received a request from the national plant protection organization (NPPO) of the Republic of Chile to allow the importation of fresh Cape gooseberry fruit (                    *Physalis peruviana*                     L.), with husks, to be imported from Chile into the continental United States. We have completed a pest risk assessment for this commodity to identify pests of quarantine significance that could follow the pathway of importation into the United States and, based on this list, have prepared a risk management document to identify phytosanitary measures that could be applied to fresh Cape goosberry fruit with husks from Chile to mitigate the pest risk. We have concluded that fresh Cape gooseberry fruit with husks can be safely imported into the continental United States from Chile using one or more of the five designated phytosanitary measures listed in § 319.56-4(b). For Cape gooseberry fruit with husks from Chile, these measures are:                
    - Cape gooseberry fruit will be subject to inspection upon arrival in the United States.
    - Each consignment of Cape gooseberry fruit must be accompanied by a phytosanitary certificate issued by NPPO of Chile stating: “The Cape gooseberry in the consignment has been inspected and is free of pests.”
    - Cape gooseberry fruit must be imported into the United States in commercial consignments only.

                    Therefore, in accordance with § 319.56-4(c), we are announcing the availability of our pest risk analysis for public review and comment. The pest risk analysis may be viewed on the Regulations.gov Web site or in our reading room (see                     **ADDRESSES**                     above for a link to Regulations.gov and information on the location and hours of the reading room). You may request paper copies of the pest risk analysis by calling or writing to the person listed under                     **FOR FURTHER INFORMATION CONTACT**                    . Please refer to the subject of the pest risk analysis you wish to review when requesting copies.                

After reviewing any comments we receive, we will announce our decision regarding the import status of fresh Cape gooseberry fruit with husks from Chile in a subsequent notice. If the overall conclusions of the analysis and the Administrator's determination of risk remain unchanged following our consideration of the comments, then we will authorize the importation of fresh Cape gooseberry fruit with husks from Chile into the continental United States subject to the requirements specified in the risk management document.

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 5th day of August 2011.

Gregory L. Parham,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 2011-20412 Filed 8-10-11; 8:45 am]

BILLING CODE 3410-34-P