```

[Federal Register: February 9, 2010 (Volume 75, Number 26)]
[Notices]               
[Page 6344-6345]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe10-26]                         

-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2009-0097]

 
Notice of Availability of Pest Risk Analyses for Importation of 
Fresh Figs, Pomegranates, and Baby Kiwi from Chile into the United 
States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: We are advising the public that we have prepared two pest risk 
analyses, one with respect to fresh figs and pomegranates grown in 
Chile and one with respect to fresh baby kiwi fruit grown in Chile. The 
analyses evaluate the risks associated with the importation into the 
continental United States of fresh figs, pomegranates, and baby kiwi 
fruit from Chile. Based on those analyses, 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 figs, pomegranates, and 
baby kiwi from Chile. We are making the pest risk analyses, as well as 
an environmental assessment we have prepared in connection with this 
action, available to the public for review and comment.

DATES: We will consider all comments that we receive on or before April 
12, 2010.

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=APHIS-2009-0097) to submit or view comments 
and to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2009-0097, 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-2009-0097.
    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 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: For information concerning figs and 
pomegranates from Chile, contact Ms. Claudia Ferguson, Regulatory 
Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 
4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 734-0754.
    For information concerning baby kiwi fruit from Chile, contact Mr. 
David B. Lamb, Import Specialist, Regulatory Coordination and 
Compliance, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-
1236; (301) 734-0627.

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 Sec.  319.56-3;
     The fruits or vegetables are imported from a pest-free 
area in the country of origin that meets the requirements of Sec.  
319.56-5 for freedom from that pest and are accompanied by a 
phytosanitary certificate stating that the fruits or vegetables 
originated in a pest-free area in the country of origin;
     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 analysis as 
likely to follow the import pathway; and/or
     The fruits or vegetables are a commercial consignment.
    APHIS received requests from the Government of Chile to allow the 
importation of fresh figs, pomegranates, and baby kiwi fruit from Chile 
into the United States. We have completed pest risk assessments to 
identify pests of quarantine significance that could follow the pathway 
of importation into the United States and, based on those pest risk 
assessments, have prepared risk management analyses to identify 
phytosanitary measures that could be applied to the commodities to 
mitigate the pest risk. We have concluded that fresh figs, 
pomegranates, and baby kiwi fruit can be safely imported into the 
continental United States from Chile using one or more of the five 
designated phytosanitary measures listed in Sec.  319.56-4(b). 
Therefore, in accordance with Sec.  319.56-4(c), we are announcing the 
availability of our pest risk analyses for public review and comment. 
The pest risk analyses may be viewed on the Regulations.gov Web site or 
in our reading room (see ADDRESSES above for instructions for accessing 
Regulations.gov and information on the location and hours of the 
reading room). You may request paper copies of the pest risk analyses 
by calling or writing to the persons listed under FOR FURTHER

[[Page 6345]]

INFORMATION CONTACT. Please refer to the subject of the pest risk 
analysis that you wish to review when requesting copies. We have also 
prepared an environmental assessment in connection with this action 
which is available for review and comment in the same manner as the 
pest risk analyses.
    After reviewing the comments we receive, we will announce our 
decision regarding the import status of fresh figs, pomegranates, and 
baby kiwi fruit from Chile in a subsequent notice. If the overall 
conclusions of the analyses and the Administrator's determination of 
risk remain unchanged following our consideration of the comments, then 
we will begin issuing permits for importation of fresh figs, 
pomegranates, and baby kiwi fruit from Chile into the continental 
United States subject to the requirements specified in the risk 
management analyses.

    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 3\rd\ day of February 2010.

Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-2795 Filed 2-9-10; 8:45 am]
BILLING CODE 3410-34-S
```