[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Notices]
[Pages 78231-78232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32317]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2010-0023]


Notice of Decision To Authorize the Importation of Fresh Cape 
Gooseberry Fruit With Husks From Chile

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public of our decision to authorize the 
importation into the continental United States of fresh Cape gooseberry 
fruit (Physalis peruviana L.) with husks from Chile. Based on the 
findings of a pest risk analysis, which we made available to the public 
for review and comment through a previous notice, 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.

DATES: Effective Date: December 16, 2011.

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.

[[Page 78232]]


SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-54, 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 of the regulations contains a performance-based 
process for approving the importation of commodities that, based on the 
findings of a pest risk analysis (PRA), can be safely imported subject 
to one or more of the designated phytosanitary measures listed in 
paragraph (b) of that section. Under that process, APHIS publishes a 
notice in the Federal Register announcing the availability of the PRA 
that evaluates the risks associated with the importation of a 
particular fruit or vegetable. Following the close of the 60-day 
comment period, APHIS may authorize the importation of the fruit or 
vegetable subject to the identified designated measures if: (1) No 
comments were received on the PRA; (2) the comments on the PRA revealed 
that no changes to the PRA were necessary; or (3) changes to the PRA 
were made in response to public comments, but the changes did not 
affect the overall conclusions of the analysis and the Administrator's 
determination of risk.
    In accordance with that process, we published a notice \1\ in the 
Federal Register on August 11, 2011 (76 FR 49726, Docket No. APHIS-
2010-0023), in which we announced the availability, for review and 
comment, of a PRA 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. We solicited 
comments on the notice for 60 days ending on October 11, 2011. We did 
not receive any comments by that date.
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    \1\ To view the notice and the PRA, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2010-0023.
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    Therefore, in accordance with the regulations in Sec.  319.56-
4(c)(2)(ii), we are announcing our decision to authorize the 
importation into the continental United States of fresh Cape gooseberry 
fruit from Chile subject to the following phytosanitary measures:
     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.
    These conditions will be listed in the Fruits and Vegetables Import 
Requirements database (available at http://www.aphis.usda.gov/favir). 
In addition to these specific measures, fresh Cape gooseberry fruit 
from Chile will be subject to the general requirements listed in Sec.  
319.56-3 that are applicable to the importation of all fruits and 
vegetables.

    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 12th day of December 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-32317 Filed 12-15-11; 8:45 am]
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