### Finding ofNo Significant Impact for the Importation ofFresh Baby Kiwi (Actinidia argllta), 

### Fig (Ficlls carica), 

### and Pomegranate (Pilnica granatllm) 

### Fruits from Chile into the Continental United States EnvironmentalAssessment, December 2009

The U.S. Department ofAgriculture (USDA), Animal and Plant Health Inspection Service (APHIS), has prepared an environmental assessment (EA) that analyzes potential environmental
consequences ofallowing the importation ofthree fresh fruits from Chile figs, babykiwis, and pomegranates into the continental United States. The EA, incorporated byreference in this document, is available online at http://www.regulations.gov/searchiRegs/home.html#documentDetail?R=0900006480a7bb4d (Document APHIS-2009-0097-0003 within Docket APHIS-2009-0097) and from:

U.S. Department ofAgriculture Anin1al and Plant Health Inspection Service Plant Protection and Quarantine Regulatory Coordination and Compliance 4700 River Road, Unit 133 Riverdale, MD 20737-1236

The EA analyzed alternatives of(1) no action in which the current regulations will ren1ain unchanged prohibiting the importation offruit from Chile into the United States (no action alternative), and (2) the importation permitted under certain conditions (preferred alternative). Notice was provided to the public ofthe availability ofthe EA and the associated pestrisk analyses for review and comment; the notice was published on February 9, 2010 in the Federal Register (75 FR 6344-6345, Docket APHIS-200()-0097). This notice resulted in the receipt ofa number ofpublic comments. Based onthese comments, the proposed action was subdivided (l)
to permit the importation offresh babykiwis and pomegranates, and (2) to postpone the importation and distribution offresh figs from Chile into the continental United States pending further study ofthe proposedrisk mitigations (Notice ofDecision to Issue Permits, 75 FR 26707- 26708). Ofthe 49 public submissions received, only one commenter questioned allowing the importation offresh figs from Chile under the risk mitigations proposed. No comments were made that resulted in changing the mitigations proposed for the importation offresh babykiwi and pomegranate fruits. APHIS has determined that there would be no significant impact to the human environment from the implementation ofthe preferred alternative for either fresh baby kiwis orfresh pomegranates from Chile.

This Finding ofNo Significant Impact (FONSI) specifically addresses the importation offresh baby kiwis and pomegranates from Chile as requested by Servicio Agricola y Ganadero (Chile's national plantprotection organization). Comments received on the proposed importation offigs from Chile indicate that additional evaluation and consideration ofthis proposal is prudent. If the additional consideration results in a change to the proposal for figs, the EA will be amended
to reflect the changes and additional evaluation. Ifno change is necessary, the additional considerations will be addressed in an addendum to this FONSI that will be prepared should APHIS determine that the importation offresh figs from Chile maybe safelypermitted.Pennitting importation under certain conditions is preferred over the no action alternative for fresh babykiwi and pomegranate fruits because it supports the Agency's efforts, in accordance with international trade agreements, to remove barriers to trade in the event that such barriers are found by scientific analysis to beunnecessary. The mitigation measures required bythe pennits

serve to negate orreduce the potential environmental consequences ofimporting fresh baby kiwis and pomegranates, and therefore are not likely to result in the introduction ofplant pests associated with the importation ofthese two types offruit from Chile.

This FONSI is based upon the expected limited environmental consequences ofimplementing that portion ofthe preferred alternative that includes fresh babykiwis and pomegranates, as analyzed in the EA. APHIS anticipates no impacts to threatened or endangered species or critical habitats from the importation offresh babykiwi and pomegranate fruits from Chile into the continental United States. I find that the preferred alternative poses no disproportionate adverse effects to minority and low-income populations and the actions undertaken for this
program are entirely consistent with the principles of"environmentaljustice," as expressed in Executive Order 12898-"FederalActions to Address Environmental Justice in Minority Populations and Low-Income Populations." I further find the implementation ofthe treatments and othermitigations under the preferred alternative to be in compliance with Executive Order 12114-"Environmental effects abroad ofmajor Federal actions." Likewise, I find that the importation offresh babykiwis and fresh ponlegranates from Chile under the preferred alternative poses no disproportionate adverse effects to children and the actions undertaken under this alternative comply with the policy ofExecutive Order 13045-"ProtectionofChildren from Environmental Health Risks and Safety Risks."

Lastly, because I have not found evidence ofsignificant environmental impact associated with importing fresh babykiwis and pomegranates from Chile, I further find that an environmental impact statemellt does not need to beprepared for the importation and distribution offresh baby kiwi and pomegranate fruits from Chile.**)**

# i~**·** Alan Green Executive Director, Plant Health Programs Plant Protection and Quarantine Animal and Plant Health Inspection Agency Date

2