Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Proposed Rules 15225 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Parts 210 and 220 

Incorporating the 2010 Dietary 

Guidelines for Americans Into the 

Proposed School Meal Patterns 

AGENCY: Food and Nutrition Service 

(FNS), USDA. 

ACTION: Request for comments. 

SUMMARY: This document informs the 

public about a change in the Dietary 

Guidelines for Americans that affects 

the proposed rule ‘‘Nutrition Standards 

in the National School Lunch and 

School Breakfast Programs’’ issued by 

the Department of Agriculture and 

published in the Federal Register on 

January 13, 2011. Members of the public 

are asked to address this change when 

writing comments on the above 

referenced rule to assist the Department 

in updating the school meal patterns 

and nutrition standards according to the 

latest dietary recommendations. 

DATES: The public comment period for 

the proposed rule closes on April 13, 

2011. 

ADDRESSES: All comments should be 

submitted under the proposed rule, 

‘‘Nutrition Standards in the National 

School Lunch and School Breakfast 

Programs,’’ (FNS–2007–0038), which is 

posted at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Julie 

Brewer, Chief, Policy and Program 

Development Branch, Child Nutrition 

Division, Food and Nutrition Service, 

Department of Agriculture, 703–305– 

2590, 3101 Park Center Drive, Room 

640, Alexandria, Virginia 22302–1594. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 9 of the Richard B. Russell 

National School Lunch Act (NSLA), 42 

U.S.C. 1758, requires that meals served 

under the National School Lunch 

Program and the School Breakfast 

Program reflect the most recent Dietary 

Guidelines for Americans (DGAs). The 

DGAs are the federal government’s 

evidence-based nutritional guidance to 

promote health, reduce the risk of 

chronic diseases, and reduce the 

prevalence of overweight and obesity 

through improved nutrition and 

physical activity. 

The Department of Agriculture 

(USDA) published a proposed rule on 

January 13, 2011 (76 FR 2494), to align 

the school meal patterns and nutrition 

standards with the 2005 DGAs, the most 

current at the time of publication. On 

January 31, 2011, USDA and the 

Department of Health and Human 

Services released the 2010 DGA 

recommendations. The 2010 DGA 

recommendations contain two changes 

from the 2005 recommendations which 

could affect the proposed school meal 

patterns. 

The 2010 DGAs include a new RedOrange vegetable subgroup, while the 

proposed meal patterns include an 

Orange vegetable subgroup and group 

the Red vegetables under the category of 

Other vegetables (consistent with the 

2005 DGAs). However, the proposed 

meal patterns do reflect the emphasis on 

consuming a variety of vegetables, 

which is a key recommendation of the 

2005 and 2010 DGAs. Consuming a 

variety of vegetables provides children 

with a number of nutrients that are 

under consumed in the United States, 

including dietary fiber, folate, 

magnesium, potassium, and vitamins A, 

C, and K. 

The 2010 DGAs also advise 

consuming protein from a variety of 

sources, and recommend weekly 

amounts from three Protein foods 

(formerly Lean meat and beans) 

subgroups: (1) Seafood; (2) meat, 

poultry, and eggs; and (3) nuts, seeds, 

and soy products. The proposed meal 

patterns contain weekly and daily 

amounts of meats/meat alternates, but 

do not specify amounts for subgroups 

introduced by the 2010 DGAs. 

Consumption of a balanced variety of 

protein foods can contribute to 

improved nutrient intake and health 

benefits. 

Therefore, this document requests the 

public to: 

1. Consider the impact of the new 

Red-Orange vegetable subgroup and the 

new protein foods subgroups on the 

proposed school meal patterns, 

2. Evaluate the need to revise the 

proposed meal patterns to reflect the 

new vegetable subgroup and protein 

foods subgroups, and 

3. Address how the new vegetable 

subgroup and protein foods subgroups 

may be incorporated into the proposed 

meal patterns in a sound and practical 

manner. 

Individuals wishing to address the 

effect of these changes, or any other 

issues, on the proposed rule ‘‘Nutrition 

Standards in the National School Lunch 

and School Breakfast Programs’’ (76 FR 

2494), may submit their comments 

when providing comments on the 

above-referenced proposed rule. 

Dated: March 14, 2011. 

Julia Paradis, 

Administrator, Food and Nutrition Service. 

[FR Doc. 2011–6403 Filed 3–18–11; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2010–0018] 

RIN 0579–AD37 

Importation of Fresh Baby Kiwi From 

Chile Under a Systems Approach 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the fruits and vegetables regulations to 

allow the importation into the 

continental United States of baby kiwi 

fruit from Chile, subject to a systems 

approach. Under this systems approach, 

the fruit would have to be grown in a 

place of production that is registered 

with the Government of Chile and 

certified as having a low prevalence of 

Brevipalpus chilensis. The fruit would 

have to undergo pre-harvest sampling at 

the registered production site. 

Following post-harvest processing, the 

fruit would have to be inspected in 

Chile at an approved inspection site. 

Each consignment of fruit would have to 

be accompanied by a phytosanitary 

certificate with an additional 

declaration stating that the fruit had 

been found free of Brevipalpus chilensis 

based on field and packinghouse 

inspections. This proposed rule would 

allow for the safe importation of fresh 

baby kiwi from Chile using mitigation 

measures other than fumigation with 

methyl bromide. 

DATES: We will consider all comments 

that we receive on or before May 20, 

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=APHIS2010-0018 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–2010–0018, 

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– 

2010–0018. 

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 

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15226 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Proposed Rules 

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. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David B. Lamb, Import Specialist, 

Regulatory Coordination and 

Compliance, PPQ, APHIS, 4700 River 

Road, Unit 133, Riverdale, MD 20737– 

1231; (301) 734–0627. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart-Fruits 

and Vegetables’’ (7 CFR 319.56–1 

through 319.56–50, referred to below as 

the regulations) prohibit or restrict the 

importation of fruits and vegetables into 

the United States from certain parts of 

the world to prevent the introduction 

and dissemination of plant pests that are 

new to or not widely distributed within 

the United States. 

Currently, the importation into the 

United States of fresh baby kiwi 

(Actinidia arguta) from Chile is allowed 

if the fruit is fumigated with methyl 

bromide. The Animal and Plant Health 

Inspection Service (APHIS) also 

received a request from the national 

plant protection organization (NPPO) of 

Chile to allow the fresh baby kiwi fruit 

from Chile to be imported into the 

continental United States (the lower 48 

States, the District of Columbia, and 

Alaska) without methyl bromide 

fumigation, but subject instead to a 

systems approach. As part of our 

evaluation of Chile’s request, we 

prepared a pest risk assessment (PRA) 

and a risk management document. 

Copies of the PRA and the risk 

management document may be obtained 

from the person listed under FOR

FURTHER INFORMATION CONTACT or 

viewed on the Regulations.gov Web site 

(see ADDRESSES above for instructions 

for accessing Regulations.gov). 

The PRA, titled ‘‘Pest Risk Assessment 

for Fresh Fruits of Baby Kiwi (Actinidia 

arguta) from Chile Imported into the 

Continental United States’’ (May 2008), 

evaluates the risks associated with the 

importation of baby kiwi into the 

continental United States from Chile. 

The risk management document lists the 

phytosanitary measures necessary to 

ensure the safe importation into the 

United States of baby kiwi from Chile. 

The PRA identifies one quarantine 

pest that could be introduced into the 

United States in consignments of baby 

kiwi from Chile: Brevipalpus chilensis 

(false red mite). A quarantine pest is 

defined in § 319.56–2 as ‘‘a pest of 

potential economic importance to the 

area endangered thereby and not yet 

present there, or present but not widely 

distributed and being officially 

controlled.’’ In the PRA, the likelihood 

and consequences of introducing this 

pest to the United States are considered, 

and B. chilensis is rated as having a 

medium pest risk potential. Pests 

receiving a rating within the medium 

range may necessitate specific 

phytosanitary measures in addition to 

standard port-of-entry inspection of the 

commodity being imported into the 

United States. 

Based on the findings of our PRA and 

risk management document, we are 

proposing to allow the importation of 

fresh baby kiwi from Chile into the 

continental United States, subject to a 

systems approach. Under a systems 

approach, a set of phytosanitary 

conditions, at least two of which have 

an independent effect in mitigating the 

pest risk associated with the movement 

of commodities, is specified, whereby 

fruits and vegetables may be imported 

into the United States from countries 

that are not free of certain plant pests. 

The systems approach for fresh baby 

kiwi from Chile would require the fruit 

to be grown in a place of production 

that is registered with the NPPO of 

Chile. The fruit would have to undergo 

pre-harvest sampling at the registered 

production site under the direction of 

the NPPO of Chile and, once harvested, 

placed in field cartons or containers 

marked to allow for traceback to the 

production site. The NPPO of Chile 

would present a list of production sites 

certified as having a low prevalence of 

B. chilensis to APHIS. Following postharvest processing, the fruit would have 

to be inspected in Chile at an APHISapproved inspection site under the 

direction of APHIS inspectors in 

coordination with the NPPO of Chile. 

Each consignment of the fruit would 

have to be accompanied by a 

phytosanitary certificate with an 

additional declaration stating that the 

fruit had been found free of B. chilensis 

based on field and packinghouse 

inspections. 

The mitigation measures in the 

proposed systems approach are 

discussed in greater detail below, as 

well as in the risk management 

document. 

Production Site Registration 

The production site where the fruit is 

grown would have to be registered with 

the NPPO of Chile. Harvested baby kiwi 

would have to be placed in field cartons 

or containers that are marked to show 

the official registration number of the 

production site. Registration would 

have to be renewed annually. 

Registration of production sites with 

the NPPO of Chile and marking of field 

cartons or containers with the 

registration numbers would allow 

traceback to the production site if pest 

problems were found on fruit shipped to 

the United States. Problem production 

sites could then be removed from the 

program until further mitigation 

measures were taken to reduce pest 

populations. 

Low-Prevalence Production Site 

Certification 

Between 1 and 30 days prior to 

harvest, random samples of fruit would 

have to be collected from each 

registered production site under the 

direction of the NPPO of Chile. These 

samples would have to undergo a pest 

detection and evaluation method as 

follows: The fruit would have to be 

washed using a flushing method, placed 

in a 20-mesh sieve on top of a 200-mesh 

sieve, sprinkled with a liquid soap and 

water solution, washed with water at 

high pressure, and washed with water at 

low pressure. The process would then 

be repeated. The contents of the 200- 

mesh sieve would then be placed on a 

petri dish and analyzed for the presence 

of live B. chilensis mites. If a single live 

B. chilensis mite were found, the 

production site would not qualify for 

certification as a low-prevalence 

production site. Each production site 

would have only one opportunity per 

season to qualify as a low-prevalence 

production site, and certification of low 

prevalence would be valid for one 

harvest season only. The NPPO of Chile 

would be required to present a list of 

certified production sites to APHIS. 

Production site low-prevalence 

certification would identify problem 

production sites and prevent the 

shipment of fruit with B. chilensis mites 

from such sites. This mite sampling 

method has been tested in Chile and 

found to be successful in identifying 

grape and citrus production areas with 

high and low populations of mites. 

Post-Harvest Processing 

After harvest, all damaged or diseased 

fruits would have to be culled at the 

packinghouse, and the remaining fruit 

would have to be packed into new, 

clean boxes, crates, or other APHISapproved packing containers. Each 

container would have to have a label 

identifying the registered production 

site where the fruit originated and the 

packing shed where it was packed. 

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Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Proposed Rules 15227 

Post-harvest processing procedures, 

such as culling damaged fruit and 

sampling for mites, would remove fruit 

that could contain pests from 

consignments being shipped to the 

United States. Culling is a standard 

procedure to produce quality fruit 

without pests. Labeling of containers to 

identify both production site and 

packing shed would aid in traceback. 

Phytosanitary Inspection 

The fruit would have to be inspected 

in Chile at an APHIS-approved 

inspection site under the direction of 

APHIS inspectors in coordination with 

the NPPO of Chile following any postharvest processing. A biometric sample 

would have to be drawn from each 

consignment. In order to be eligible for 

shipment to the continental United 

States, the fruit in the consignment 

would have to pass inspection by 

meeting the following requirements: 

• Fruit presented for inspection 

would have to be identified in the 

shipping documents accompanying 

each lot of fruit to specify the 

production site(s) where the fruit was 

produced and the packing shed(s) where 

the fruit was processed. This 

identification would have to be 

maintained until the fruit is released for 

entry into the United States. 

• The biometric sample, referred to 

above, of the boxes, crates, or other 

APHIS-approved packing containers 

from each consignment would be 

selected by the NPPO of Chile, and the 

fruit from these boxes, crates, or other 

APHIS-approved packing containers 

would be visually inspected for 

quarantine pests. A portion of the fruit 

would have to be washed with soapy 

water and the collected filtrate 

microscopically examined for B. 

chilensis. If a single live B. chilensis 

mite were found during the inspection 

process, the certified low-prevalence 

production site where the fruit was 

grown would lose its certification. 

The proposed requirements for the 

identification in shipping documents of 

the baby kiwi to their production sites 

and packing sheds would aid in 

traceback if pests were found. The 

proposed requirements for visual 

inspection and biometric sampling of 

the fruit would provide additional 

layers of protection against the 

possibility of baby kiwi infested with 

quarantine pests being shipped from 

Chile to the United States. These 

methods have proved effective when 

employed to inspect consignments of 

citrus from Chile. 

Phytosanitary Certificate 

Each consignment of fruit would have 

to be accompanied by a phytosanitary 

certificate issued by the NPPO of Chile 

that contains an additional declaration 

stating that the fruit in the consignment 

was inspected and found free of B. 

chilensis based on field and 

packinghouse inspections. 

Requiring a phytosanitary certificate 

would ensure that the NPPO of Chile 

has inspected the fruit and certified that 

the fruit meets the conditions for export 

to the United States. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This proposed rule has been 

determined to be not significant for the 

purposes of Executive Order 12866 and, 

therefore, has not been reviewed by the 

Office of Management and Budget. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is 

summarized below. Copies of the full 

analysis are available by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT or on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov). 

This proposed rule would allow the 

importation into the continental United 

States of baby kiwi fruit from Chile, 

subject to a systems approach. The 

systems approach would provide an 

alternative to fumigation with methyl 

bromide of baby kiwi imported from 

Chile into the continental United States. 

Domestic growers of fresh baby kiwi 

fruit are the entities that could be 

affected by this proposed rule. The 

currently available information 

indicates that almost all U.S. growers of 

baby kiwi fruit are small in size, by the 

standards of the Small Business 

Administration. 

The impact of fresh baby kiwi fruit 

imports from Chile is expected to be 

minimal for domestic producers due to 

timing differences (baby kiwi would 

likely be imported from Chile during the 

off-season for U.S. producers) and the 

small quantity expected to be imported. 

Therefore, we do not expect the 

proposed rule to have any significant 

impact on U.S. baby kiwi fruit growers, 

regardless of the size of operation. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action would not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12988 

This proposed rule would allow fresh 

baby kiwi to be imported into the 

continental United States from Chile, 

subject to a systems approach. If this 

proposed rule is adopted, State and 

local laws and regulations regarding 

fresh baby kiwi imported under this rule 

would be preempted while the fruit is 

in foreign commerce. Fresh baby kiwi 

are generally imported for immediate 

distribution and sale to the consuming 

public and would remain in foreign 

commerce until sold to the ultimate 

consumer. The question of when foreign 

commerce ceases in other cases must be 

addressed on a case-by-case basis. If this 

proposed rule is adopted, no retroactive 

effect will be given to this rule, and this 

rule will not require administrative 

proceedings before parties may file suit 

in court challenging this rule. 

Paperwork Reduction Act 

In accordance with section 3507(d) of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the information 

collection or recordkeeping 

requirements included in this proposed 

rule have been submitted for approval to 

the Office of Management and Budget 

(OMB). Please send written comments 

to the Office of Information and 

Regulatory Affairs, OMB, Attention: 

Desk Officer for APHIS, Washington, DC 

20503. Please state that your comments 

refer to Docket No. APHIS–2010–0018. 

Please send a copy of your comments to: 

(1) Docket No. APHIS–2010–0018, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road, Unit 118, Riverdale, MD 

20737–1238, and (2) Clearance Officer, 

OCIO, USDA, Room 404–W, 14th Street 

and Independence Avenue, SW., 

Washington, DC 20250. A comment to 

OMB is best assured of having its full 

effect if OMB receives it within 30 days 

of publication of this proposed rule. 

This proposed rule would allow the 

importation into the continental United 

States of baby kiwi fruit from Chile, 

subject to a systems approach. For the 

systems approach to work effectively, 

certain information-collection activities 

must be performed. These activities 

include the registration of production 

sites with the NPPO of Chile, the postharvest labeling of containers so that the 

fruit can be identified back to the 

registered production site, and the 

completion of phytosanitary certificates. 

We are soliciting comments from the 

public (as well as affected agencies) 

concerning our proposed information 

collection and recordkeeping 

requirements. These comments will 

help us: 

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15228 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Proposed Rules 

(1) Evaluate whether the proposed 

information collection is necessary for 

the proper performance of our agency s 

functions, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of our 

estimate of the burden of the proposed 

information collection, including the 

validity of the methodology and 

assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

information collection on those who are 

to respond (such as through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology; e.g., permitting 

electronic submission of responses). 

Estimate of burden: Public reporting 

burden for this collection of information 

is estimated to average 0.253434 hours 

per response. 

Respondents: Kiwi fruit production 

sites, packinghouses, and the NPPO of 

Chile. 

Estimated annual number of 

respondents: 4. 

Estimated annual number of 

responses per respondent: 91. 

Estimated annual number of 

responses: 364. 

Estimated total annual burden on 

respondents: 92.25 hours. (Due to 

averaging, the total annual burden hours 

may not equal the product of the annual 

number of responses multiplied by the 

reporting burden per response.) 

Copies of this information collection 

can be obtained from Mrs. Celeste 

Sickles, APHIS’ Information Collection 

Coordinator, at (301) 851–2908. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this proposed rule, please contact 

Mrs. Celeste Sickles, APHIS’ 

Information Collection Coordinator, at 

(301) 851–2908. 

List of Subjects in 7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

Accordingly, we propose to amend 7 

CFR part 319 as follows: 

PART 319—FOREIGN QUARANTINE 

NOTICES 

1. The authority citation for part 319 

continues to read as follows: 

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. 

2. A new § 319.56–51 is added to read 

as follows: 

§ 319.56–51 Fresh baby kiwi from Chile. 

Fresh baby kiwi (Actinidia arguta) 

may be imported into the continental 

United States from Chile under the 

following conditions: 

(a) Production site registration. The 

production site where the fruit is grown 

must be registered with the national 

plant protection organization (NPPO) of 

Chile. Harvested baby kiwi must be 

placed in field cartons or containers that 

are marked to show the official 

registration number of the production 

site. Registration must be renewed 

annually. 

(b) Low-prevalence production site 

certification. The fruit must originate 

from a low-prevalence production site 

to be imported under the conditions in 

this section. Between 1 and 30 days 

prior to harvest, random samples of fruit 

must be collected from each registered 

production site under the direction of 

the NPPO of Chile. These samples must 

undergo a pest detection and evaluation 

method as follows: The fruit must be 

washed using a flushing method, placed 

in a 20-mesh sieve on top of a 200-mesh 

sieve, sprinkled with a liquid soap and 

water solution, washed with water at 

high pressure, and washed with water at 

low pressure. The process must then be 

repeated. The contents of the 200-mesh 

sieve must then be placed on a petri 

dish and analyzed for the presence of 

live Brevipalpus chilensis mites. If a 

single live B. chilensis mite is found, the 

production site will not qualify for 

certification as a low-prevalence 

production site. Each production site 

may have only one opportunity per 

season to qualify as a low-prevalence 

production site, and certification of low 

prevalence will be valid for one harvest 

season only. The NPPO of Chile will 

present a list of certified production 

sites to APHIS. 

(c) Post-harvest processing. After 

harvest, all damaged or diseased fruits 

must be culled at the packinghouse and 

must be packed into new, clean boxes, 

crates, or other APHIS-approved 

packing containers. Each container must 

have a label identifying the registered 

production site where the fruit 

originated and the packing shed where 

it was packed. 

(d) Phytosanitary inspection. Fruit 

must be inspected in Chile at an APHISapproved inspection site under the 

direction of APHIS inspectors in 

coordination with the NPPO of Chile 

following any post-harvest processing. 

A biometric sample must be drawn and 

examined from each consignment. Baby 

kiwi in any consignment may be 

shipped to the continental United States 

under the conditions of this section only 

if the consignment passes inspection as 

follows: 

(1) Fruit presented for inspection 

must be identified in the shipping 

documents accompanying each lot of 

fruit to specify the production site or 

sites in which the fruit was produced 

and the packing shed or sheds in which 

the fruit was processed. This 

identification must be maintained until 

the fruit is released for entry into the 

United States. 

(2) A biometric sample of the boxes, 

crates, or other APHIS-approved 

packing containers from each 

consignment will be selected by the 

NPPO of Chile, and the fruit from these 

boxes, crates, or other APHIS-approved 

packing containers will be visually 

inspected for quarantine pests. A 

portion of the fruit must be washed with 

soapy water and the collected filtrate 

must be microscopically examined for 

B. chilensis. If a single live B. chilensis 

mite is found during the inspection 

process, the certified low-prevalence 

production site where the fruit was 

grown will lose its certification. 

(e) Phytosanitary certificate. Each 

consignment of fresh baby kiwi must be 

accompanied by a phytosanitary 

certificate issued by the NPPO of Chile 

that contains an additional declaration 

stating that the fruit in the consignment 

was inspected and found free of 

Brevipalpus chilensis based on field and 

packinghouse inspections. 

Done in Washington, DC, this 15th day of 

March 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–6492 Filed 3–18–11; 8:45 am] 

BILLING CODE 3410–34–P 

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