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-2009-0097]

# 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 § 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 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 § 319.56-4(b). Therefore, in accordance with § 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                               ( print 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 3rd                     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