Importation of Sweet Oranges and Grapefruit From Chile, 50732-50738 [E8-19871]
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50732
Proposed Rules
Federal Register
Vol. 73, No. 168
Thursday, August 28, 2008
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Parts 305 and 319
[Docket No. APHIS–2007–0115]
RIN 0579–AC83
Importation of Sweet Oranges and
Grapefruit From Chile
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
We are proposing to amend
the fruits and vegetables regulations to
allow the importation, under certain
conditions, of sweet oranges and
grapefruit from Chile into the
continental United States. Based on the
evidence in a recent pest risk analysis,
we believe these articles can be safely
imported from all provinces of Chile,
provided certain conditions are met.
This action would provide for the
importation of sweet oranges and
grapefruit from Chile into the
continental United States while
continuing to protect the United States
against the introduction of plant pests.
DATES: We will consider all comments
that we receive on or before October 27,
2008.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/fdmspublic/
component/
main?main=DocketDetail&d=APHIS–
2007–0115 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–2007–0115,
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–
2007–0115.
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SUMMARY:
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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
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Alex Belano, Import Specialist,
Commodity Import Analysis and
Operation Staff, PPQ, APHIS, 4700
River Road, Unit 133, Riverdale, MD
20737–1231; (301) 734–5333.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ‘‘Subpart–Fruits
and Vegetables’’ (7 CFR 319.56–1
through 319.56–47, 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. The
Government of the Republic of Chile has
requested that the Animal and Plant
Health Inspection Service (APHIS)
amend the regulations to allow the
importation into United States of sweet
oranges and grapefruit from Chile under
certain conditions. Those conditions
would be the same as those which
currently apply to clementines,
mandarins, and tangerines from Chile
and can be found in § 319.56–38 of the
regulations.
In 2006, APHIS received a request
from the Government of Chile to allow
the importation of sweet oranges (Citrus
sinensis (L.) Osbeck) and grapefruit
(Citrus paradisi Macfad.) from Chile
into the United States. In response to
this request, we prepared a pest risk
assessment to evaluate the pest risks
associated with the importation of those
two varieties of citrus from Chile into
the continental United States. As noted
in that document, we identified two
quarantine pests, Ceratatis capitata, a
fruit fly more commonly known as the
Mediterranean fruit fly (Medfly), and
Brevipalpus chilensis (Chilean false red
mite), that could follow the pathway of
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commercial shipments of fresh sweet
oranges and grapefruit. In addition to
the pest risk assessment, we prepared a
risk management document in which
we identified several mitigations that
could be used to address the risks posed
by the two pests of concern. Those
measures include cold treatment,
methyl bromide fumigation, and an
existing systems approach for other
citrus varieties from Chile. Copies of the
pest risk assessment and 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).
Based on the conclusions in the pest
risk assessment and the accompanying
risk management document, we have
determined that sweet oranges and
grapefruit can be safely imported from
all provinces of Chile, provided certain
conditions are met. As stated previously
in this document, those conditions
would be the same as those which
currently apply to clementines,
mandarins, and tangerines from Chile,
which have proven effective at
eliminating pests associated with those
commodities since 2004. Therefore, we
are proposing to add sweet oranges and
grapefruit to the list of fruit that can be
imported under § 319.56–38. The details
of those requirements are discussed in
the paragraphs below.
Permit
We would require that a specific
written permit be issued in accordance
with § 319.56–3 to import sweet oranges
and grapefruit from Chile. Importers
would be required to apply to APHIS’
Plant Protection and Quarantine (PPQ)
program for a permit in advance of the
proposed shipments, stating in the
application the country or locality of
origin of the fruits, the port of first
arrival, the name and address of the
importer in the United States, and the
identity and quantity of the fruit. If
APHIS approves the permit application,
a permit would be issued specifying the
conditions applicable to the importation
of the fruit. In accordance with
§ 319.56–3, a permit, once issued, could
be amended or withdrawn by the
Administrator at any time if it is
determined that the importation of the
fruit presents a risk.
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Cold Treatment
One of the two pests of concern
identified in the pest risk assessment
document is Medfly. To address the risk
presented by this pest, we are proposing
to require sweet oranges and grapefruit
undergo cold treatment if the fruit is
grown in areas of Chile where Medfly is
known to occur, which include the
province of Arica. Consignments of
sweet oranges and grapefruit from these
areas would require cold treatment in
accordance with our phytosanitary
treatments regulations in 7 CFR part 305
and would also have to be accompanied
by documentation indicating that the
cold treatment was initiated in Chile.
Importation Options
The second pest of concern identified
in the pest risk analysis, B. chilensis, is
a mite that is not easily detected
through visual inspection. To address
the risk presented by this pest, we
would require the use of one of two
options, either the application of a
systems approach or the use of
fumigation. The systems approach
would allow for the importation of the
fruit without fumigation, which, in
some instances, may be a more
expensive option. These options are
discussed in detail in the following
paragraphs.
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Systems Approach
The first option being proposed by
APHIS under which sweet oranges and
grapefruit could be imported into the
United States from Chile is preclearance
of the commodities using a systems
approach to ensure phytosanitary
security. Under a systems approach,
APHIS defines a set of phytosanitary
procedures, at least two of which have
an independent effect in mitigating pest
risk associated with the movement of
commodities, whereby fruits and
vegetables may be imported into the
United States from countries that are not
free of certain plant pests. The systems
approach in this case would consist of
a series of complementary phytosanitary
measures that include: Low prevalence
production site certification, postharvest processing, and phytosanitary
inspection. Each of these measures is
explained in detail in the following
paragraphs. Once the fruit have passed
through this series of pest mitigation
measures, inspectors of the national
plant protection organization (NPPO) of
Chile would issue a phytosanitary
certificate stating that the fruit has been
inspected and found free of any
evidence of plant pests. A phytosanitary
certificate would have to accompany
each consignment of sweet oranges or
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grapefruit offered for importation into
the United States from Chile.
Low Prevalence Production Site
Certification
The pest risk management document
outlines a series of phytosanitary
measures whose implementation would
mitigate the potential risk of introducing
quarantine pests into the United States
through the importation of sweet
oranges and grapefruit from Chile. In
order to be eligible to participate in the
systems approach, each production site
would be required to implement the
mitigation measures discussed in the
pest risk management document. The
first of these measures, low prevalence
production site certification, would
require each production site to register
annually with the NPPO of Chile with
information including: (1) Production
site name, (2) grower, (3) municipality,
(4) province, (5) region, (6) area planted
to each species, (7) number of plants/
hectares/species, and (8) approximate
date of harvest. This information would
be used to monitor the phytosanitary
health of the production site and to
track the origin of consignments. These
production sites would then participate
in a program of certification of low
prevalence, which would be carried out
by the NPPO of Chile. A random sample
of fruit would be collected from each
registered production site 1 to 30 days
prior to harvest. The fruit from each
sample would undergo a washing
process that allows for the detection of
mites. This same process has proven to
be effective in the detection of B.
chilensis in clementines, mandarins,
and tangerines from Chile since 2004.1
The washing process involves placing
the fruit and pedicels in sieves,
sprinkling them with a liquid soap and
water solution, washing them with
water at high pressure, washing them
with water at low pressure, and then
repeating the process. Once the fruit has
been washed thoroughly, all contents of
the sieves, which collect everything that
is washed off of the fruit, are put on a
Petri dish and analyzed for the presence
of mites.
Only production sites certified by the
NPPO of Chile as low prevalence would
be eligible to export under this systems
approach. Under this systems approach,
a random sample of fruit would be taken
from each production site. In order to
qualify as a low prevalence production
site, a production site would be required
to have no mites detected in the fruit
sampled. Each production site would
have only one opportunity per harvest
season to qualify for the certification
1 See
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50733
program since the verification process
would occur before the beginning of
each harvest season. Certification of low
prevalence would be valid for one
harvest season only. The same
certification of low prevalence program
is currently in use for clementines,
mandarins, and tangerines imported
into the United States from Chile.
Post-Harvest Processing
Once the production site has been
certified as a low prevalence production
site, the fruit would be picked and
would then undergo post-harvest
commercial processing. In the normal
fruit packing process already in place in
Chile for other commodities, fruit
undergoes the following steps: (1)
Washing, (2) rinsing in a chlorine bath
with brushing using bristle rollers, (3)
rinsing with a hot water shower with
brushing using bristle rollers, (4) predrying at room temperature, (5) waxing,
and (6) drying with hot air.
Phytosanitary Inspection
As the final stage in the systems
approach, once the fruit has been
processed, each consignment, which
would consist of one or more lots, of
fruit intended for export to the United
States would be subject to a
phytosanitary inspection to verify the
absence of B. chilensis and any visibly
detectable pests. Phytosanitary
inspection would be conducted at an
APHIS-approved inspection site in
Chile under the direction of APHIS in
conjunction with the NPPO of Chile.
Sweet oranges and grapefruit
presented for preclearance inspection in
Chile would be required to be identified
in shipping documents accompanying
each lot of fruit that identify the packing
shed where they were processed and the
production sites where they were
produced; we would require that this
identity be maintained until the sweet
oranges or grapefruit were released for
entry into the United States.
A biometric sample of the boxes
would be selected and the fruit from
these boxes would be visually inspected
for quarantine pests. A portion of the
fruit would be washed and the collected
filtrate would be microscopically
examined for B. chilensis.
If one live B. chilensis s mite were
found during phytosanitary inspection,
the entire consignment would have to
be fumigated with methyl bromide in
order for the fruit to be eligible for
export to the United States. In addition,
the production site of origin would be
suspended from the low prevalence
certification program for the remainder
of the harvest season. During the term
of its suspension, the production site
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could export fruit to the United States
only if the fruit were fumigated with
methyl bromide, as outlined in the
following section. A suspended
production site would have the
opportunity to reenter the low
prevalence certification program prior to
the next harvest season. As noted
previously, all production sites would
have to requalify for the program each
year, regardless of their status at the end
of the preceding season.
If, during preclearance inspection in
Chile, inspectors were to find evidence
of any other plant pest for which an
authorized treatment in 7 CFR part 305
is available, fruit in the consignment
would remain eligible for export to the
United States if the entire consignment
were treated for the pest in Chile under
APHIS supervision. However, if a
quarantine pest were found for which
no treatment authorized in 7 CFR part
305 is available, the entire consignment
would not be eligible for export to the
United States.
Chile’s NPPO would issue a
phytosanitary certificate if no evidence
of pests was found. The phytosanitary
certificate would have to contain an
additional declaration stating that the
fruit in the consignment meets the
conditions of § 319.56–38. Sweet
oranges or grapefruit inspected in Chile
would, like all imported fruits and
vegetables, be subject to reinspection at
the U.S. port of arrival as provided in
§ 319.56–3 of the regulations.
APHIS inspectors would monitor the
fumigation and prescribe such
safeguards as might be necessary for
unloading, handling, and transportation
preparatory to fumigation. The final
release of the commodities for entry into
the United States would be conditioned
upon compliance with prescribed
safeguards and required treatment.
Consignments of sweet oranges and
grapefruit from Chile that had been
fumigated would be subject to random
inspection in Chile, as well as at the
port of arrival in accordance with
§ 319.56–3.
Trust Fund Agreement
We are proposing to require that
sweet oranges and grapefruit from Chile
may be imported into the United States
only if the NPPO of Chile or a private
export group has entered into a trust
fund agreement with APHIS in
accordance with § 319.56–6. Requiring
the payment of costs in advance is
necessary to help defray the costs to
APHIS of providing inspection and
treatment monitoring services in Chile.
Section 319.56–6 of the regulations
sets forth provisions for establishing
trust fund agreements to cover costs
incurred by APHIS when APHIS
personnel must be physically present in
an exporting country or region to
facilitate exports. Trust fund agreements
require the NPPO of an exporting
country or the private export group to
pay in advance of each shipping season
Fumigation
all costs that APHIS estimates it would
incur in providing inspection services
Not all exporters may be able to
utilize the systems approach as a means and treatment monitoring in the
exporting country during each shipping
for access to the U.S. market. As an
season. These costs would include
alternative mitigation measure, we are
administrative expenses and all other
proposing to provide for the use of an
salaries (including overtime and the
approved APHIS treatment for B.
Federal share of employee benefits),
chilensis for sweet oranges and
travel expenses (including per diem
grapefruit from Chile.
The treatment would be fumigation
expenses), and other incidental
with methyl bromide at normal
expenses incurred by the inspectors in
atmospheric pressure in an APHISperforming these services. The NPPO of
approved fumigation chamber or under
an exporting country or the private
a tarpaulin in accordance with the
export group is required to deposit a
following schedule, which is listed in 7
certified or cashier’s check with APHIS
CFR part 305 as T104-a-1 and T101-nfor the amount of these costs, as
2–1. These treatment schedules are
estimated by APHIS. If the deposit is not
approved for spider mites, which is the
sufficient to meet all costs incurred by
group encompassing B. chilensis. The
APHIS, the agreement requires the
required treatment period is 2 hours.
NPPO of the exporting country or the
private export group to deposit a
Dosage—
certified or cashier’s check with APHIS
pounds of
for the amount of the remaining costs,
Temperature (°F)
methyl
as determined by APHIS, before APHIS
bromide per
would provide any more services
1,000 ft 3
related to the inspection and treatment
80 or above ..........................
11⁄2 of the fruit or vegetable. After a final
70–79 (inclusive) ..................
2 audit at the conclusion of each shipping
60–69 (inclusive) ..................
21⁄2
season, any overpayment of funds is
50–59 (inclusive) ..................
3
returned to the NPPO of the exporting
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country or held on account until
needed, at their option.
Miscellaneous Changes
As noted previously, the current
regulations in § 319.56–38 provide for
the importation of clementines,
mandarins, and tangerines from Chile
into the United States. As defined in
§ 319.56–2, the term United States
includes the 50 States, the District of
Columbia, and all U.S. territories and
possessions. However, the pest risk
assessment we prepared for the
rulemaking that established the
regulations in current § 319.56–38 was
limited in scope to the continental
United States and Hawaii. Therefore, to
ensure that the regulations are
consistent with the pest risk
assessment’s scope, we would amend
the introductory text of § 319.56–38 to
specifically state that clementines,
mandarins, and tangerines may be
imported from Chile into the
continental United States (including
Alaska) and Hawaii only.
The regulations in current § 319.56–
38 provide that if treatment is required,
clementines, mandarins, and tangerines
must be cold treated or fumigated with
methyl bromide in accordance with part
305. The table in § 305.2(h)(2)(i)
identifies treatment schedules for fruits
and vegetables from foreign localities for
which there is an approved treatment.
When we amended the fruits and
vegetables regulations to provide for the
importation of clementines, mandarins,
and tangerines, we neglected to add an
entry for those commodities to the table
in § 305.2(h)(2)(i). To correct this error,
we propose to amend the table in
§ 305.2(h)(2)(i) to include entries for
clementines, mandarins, and tangerines
from Chile and to specifically identify
the cold treatment and methyl bromide
fumigation treatment schedules that are
approved for those commodities.
Executive Order 12866 and Regulatory
Flexibility Act
This proposed rule has been reviewed
under Executive Order 12866. The 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.
We are proposing to amend the fruits
and vegetables regulations to allow the
importation, under certain conditions,
of sweet oranges and grapefruit from
Chile into the continental United States.
Sweet oranges and grapefruit would be
imported under certain conditions that
would address the risks associated with
the Medfly and B. chilensis.
Phytosanitary risks would be mitigated
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using the same approach as is currently
employed for the importation of
clementines, mandarins, and tangerines
from Chile, as set forth in 7 CFR 319.56–
38. Import requirements would include
orchard control and registration, low
prevalence orchard certification, harvest
timing, post-harvest processing,
phytosanitary inspections by both
APHIS and the Chilean NPPO, and, if
necessary, approved cold treatment and/
or methyl bromide treatment in Chile or
at the port of entry.
The Regulatory Flexibility Act
requires agencies to evaluate the
potential effects of their proposed and
final rules on small businesses, small
organizations, and small governmental
jurisdictions. Section 603 of the Act
requires an agency to prepare and make
the major exporting countries include
Spain, the United States, South Africa,
the Netherlands, and Greece.2
Commercial production of sweet
oranges and grapefruit in the
continental United States is limited to
Arizona, California, Florida, Louisiana,
and Texas. Most of the production is
located within Florida and California.
California is the leading producer of
oranges for the fresh market, major
varieties of which include Valencia and
navel. While Florida produces a larger
total quantity of oranges, only 5 percent
of the State’s orange crop is consumed
as fresh fruit. Florida supplies the
highest amount of fresh grapefruit, and
45 percent of the U.S. grapefruit crop is
utilized as fresh fruit.
available for public comment an initial
regulatory flexibility analysis describing
the expected impact of a proposed rule
on small entities, unless the head of the
agency certifies that the rule will not, if
promulgated, have a significant
economic impact on a substantial
number of small entities. This analysis
is in support of certification.
Sweet Orange and Grapefruit
Production
The United States is a major producer
of citrus fruits. Chile is not yet
considered a major producer of citrus,
especially when compared to its
neighbors such as Brazil, Uruguay, and
Argentina. The major world producers
of fresh oranges are the United States,
Brazil, Mexico, India, and China, while
TABLE 1—PRODUCTION IN UNITED STATES OF FRESH ORANGES AND GRAPEFRUIT
[in short tons]
2003/04
Orange
2004/05
Grapefruit
Orange
2005/06
Grapefruit
Orange
2006/07
Grapefruit
Orange
Grapefruit
Arizona .............................
California ..........................
Florida ..............................
Texas ...............................
14,000
1,669,000
445,000
50,000
5,000
171,000
708,000
137,000
12,000
1,845,000
333,000
52,000
5,000
181,000
315,000
125,000
9,000
1,650,000
329,000
54,000
5,000
178,000
294,000
128,000
7,000
986,000
290,000
63,000
3,000
117,000
466,000
138,000
Total ..........................
2,178,000
1,021,000
2,242,000
626,000
2,042,000
603,000
1,346,000
724,000
Source: Economic Research Service (ERS), U.S. Department of Agriculture (USDA). Fruit and Tree Nuts Situation and Outlook Yearbook, October 2007, combination of table C–21 Oranges: Utilization of production by State and table C–3 Grapefruit: Utilization of production by State.
Note: Season begins in November for Arizona and California, and in October for Florida and Texas. Quantities for 2006/07 are totaled through
October 2007 only.
In 2006, Chile produced 156,000 short
tons of fresh oranges on 8,000 hectares.3
´
The Asociacion de Exportadores de
Chile (ASOEX) states that there are no
official figures for the production of
grapefruit, as grapefruit is a relatively
new species in Chile with a small
growing area.4 APHIS estimates, based
on the total Chilean citrus export
volume, that approximately 5,000 short
tons of grapefruit were produced in
2006.
Imports and Exports
In 2006, more than 97 percent of U.S.
orange imports came from the countries
of South Africa, Australia, and Mexico,
while 99 percent of grapefruit imports
(including pomelos, fresh or dried)
came from the Bahamas and Israel.
Table 2 shows the value and quantity of
fresh oranges and grapefruit imported
into the United States from 2003–2006.
TABLE 2—U.S. TOTAL IMPORTS OF FRESH ORANGES AND GRAPEFRUIT
Total value (in dollars)
Oranges
2003
2004
2005
2006
.........................................................
.........................................................
.........................................................
.........................................................
$49,876,360
58,785,735
68,502,310
80,612,248
Quantity in short tons
Grapefruit
Oranges
$1,851,185
1,606,153
1,403,260
2,142,111
59,955
72,387
76,122
81,117
Value per short ton
Grapefruit
22,828
15,780
15,816
20,890
Oranges
$831.89
812.11
899.90
993.78
Grapefruit
$81.09
101.78
88.73
102.54
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Source: Global Trade Atlas (2005–2008). Originally reported in kilograms.
The United States is a major exporter
of fresh or dried oranges. In the 2005–
2006 season, the United States exported
2 HS
code 080510, fresh and dried oranges.
and Agriculture Organization (FAO) of the
United Nations. FAOSTAT, FAO Statistics
Production Division 2008, ProdStat, Crops.
3 Food
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around 600,000 short tons of fresh
oranges, while imports were around
80,000 short tons.5 Regarding grapefruit,
around 300,000 short tons were
exported and only 20,000 short tons
were imported.6 Clearly, the United
Originally reported as 142,000 metric tons. https://
faostat.fao.org/site/567/default.aspx.
4 https://www.asoex.cl/.
5 Eighty-four percent of total exports were to
Canada, Japan, South Korea, Hong Kong, and China.
6 ERS, USDA. Fruit and Tree Nuts Situation and
Outlook Yearbook/FTS–2007/October 2007. Table
F–18—Fresh Oranges, Supply and Utilization. Pg.
150. Converted from million pounds using 1 pound
= 0.0005 short tons.
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States is a large net exporter of both
sweet oranges and grapefruit.
Chile’s current citrus exports are to
Japan, Spain, the Netherlands, and
Canada. In the past 6 years, orange
exports have dramatically increased,
from 3,600 short tons to over 28,000
short tons, while grapefruit exports
increased from 337 short tons to over
4,300 short tons.7 Like the United States
but on a smaller scale, Chile is a net
exporter of sweet oranges and
grapefruit. Its share of overseas citrus
markets such as that of Japan continues
to expand.8
Expected U.S Imports of Sweet Oranges
and Grapefruit From Chile
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According to the NPPO of Chile,
annual exports of sweet oranges and
grapefruit to the United States from
Chile would total around 110,000 boxes:
93,500 boxes of oranges and 16,500
boxes of grapefruit. The boxes are 17
kilograms for sweet oranges and 15
kilograms for grapefruit, yielding
approximately 1752.1 short tons of
oranges and 272.8 short tons of
grapefruit, or about 2,000 short tons
overall. This volume of imports from
Chile would comprise a relatively
minimal amount compared to total U.S.
imports of about 100,000 short tons and
domestic production of more than 2.6
million short tons (table 3). The
expected imports from Chile would be
equivalent to 2 percent of U.S. imports
of oranges and grapefruit in 2006 and
less than 0.1 percent of U.S. production.
since the 1990s.9 Southern hemisphere
countries are dominant suppliers for offseason fresh fruit. Availability of
domestically produced oranges and
grapefruit peaks between October and
January, gradually decreases from
February to June, and is lowest between
July and September.10 In contrast, citrus
production in the southern hemisphere
is between May and November. Imports
from the southern hemisphere
complement the U.S. production cycle
and help to maintain year-round
availability of fresh citrus. Allowing
importation of oranges and grapefruit
from Chile would expand U.S.
consumers’ access to fresh produce year
round, while not directly competing
with the production and shipment of
domestically produced oranges and
grapefruit intended for the fresh fruit
market.
Small Entity Impact
Businesses most likely to be affected
by this rule would be orange and
grapefruit producers, for which the
Small Business Administration (SBA)
small-entity standard is annual sales of
not more than $750,000. Production of
fresh oranges is classified under North
American Industry Classification
System (NAICS) code 111310, and
grapefruit production is classified
within NAICS code 111320, citrus
(except orange) groves.11 In 2002, NASS
reported that 1,272 out of 17,727 citrus
farmers earned more than $500,000,
indicating that at least 93 percent of
U.S. citrus farmers are small entities.
TABLE 3—COMBINED QUANTITIES OF For California the statistics are similar,
U.S. FRESH ORANGES AND GRAPE- with 91 percent of citrus farmers
earning under $500,000. These data
FRUIT, DOMESTICALLY PRODUCED
substantiate that the majority of U.S
AND IMPORTED, AND EXPECTED ANfresh citrus producers are small entities.
NUAL IMPORTS FROM CHILE
Some importers of sweet oranges and
grapefruit could be affected by the
Volume in
proposed rule as well, as it would allow
short tons
for increased imports during the offDomestic production, 2006 .......
2,645,000 peak domestic citrus season. These
All imports, 2006 .......................
102,006 industries and their small-entity size
Expected annual imports from
standards are: Fresh fruit and vegetable
Chile ......................................
2,025 wholesalers (NAICS 424280, less than or
equal to 100 employees), wholesalers
Seasonal Production and Marketing of
and other grocery stores (NAICS 445110,
Oranges and Grapefruit
less than or equal to $23 million in
annual receipts), warehouse clubs and
Another aspect to consider regarding
potential impacts of the proposed rule is superstores (NAICS 452910, less than or
equal to $23 million in annual receipts)
the seasonal difference between the
and fruit and vegetable markets (NAICS
citrus industries in the United States
and Chile. U.S imports of fresh fruit and
9 USDA, ERS. Increased U.S. Imports of Fresh
vegetables have increased substantially
Fruit and Vegetables. Sophia Huang and Kuo
7 Global
Trade Atlas (2005–2008). Originally
reported in kilograms. 1 kg = 0.0011023 short tons.
8 USDA. Foreign Agricultural Service. Situation
and Outlook for Citrus. February 2006. pg. 6. https://
www.fas.usda.gov/htp/Hort_Circular/2006/02–06/
02–20–06%20Citrus%20Feature.pdf.
VerDate Aug<31>2005
16:24 Aug 27, 2008
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Huang. Sept. 2007.
10 https://www.dneworld.com/FreshCitrus/
CitrusAvailability/tabid/157/Default.aspx. Chile
data from Chilean Fresh Fruit. https://
www.chileanfreshfruit.com/citrus.shtml.
11 Also includes lemon, lime, mandarin, tangelo,
and tangerine.
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
445230, less than or equal to $6 million
in annual receipts). Most entities that
comprise these industries are small.
Given the relatively small quantity of
sweet oranges and grapefruit expected
to be imported from Chile, the rule
would not have a significant impact on
these types of industries.
U.S. exports of sweet oranges and
grapefruit far exceed U.S. imports. The
expected level of imports of oranges and
grapefruit from Chile would be
equivalent to 2 percent of all U.S.
imports in 2006 and less than 0.1
percent of U.S. production that year.
Moreover, the imports from Chile would
take place during the off-season for U.S.
domestically produced citrus, and
would therefore primarily compete with
orange and grapefruit imports from
other sources in the southern
hemisphere. While U.S producers and
importers of sweet oranges and
grapefruit are predominantly small
according to SBA guidelines, based on
available information the proposed rule
would not have a significant economic
impact on a substantial number of small
entities. In addition, as stated
previously, to ensure that the
regulations are consistent with the pest
risk assessment’s scope, we would
amend the introductory text of § 319.56–
38 to specifically state that clementines,
mandarins, and tangerines may be
imported from Chile into the
continental United States (including
Alaska) and Hawaii only. We do not
have information regarding the potential
impact to small U.S. entities outside of
the continental United States and
Hawaii as a result of this proposed
change. APHIS welcomes public
comment on the proposed rule’s
possible impacts.
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 sweet
oranges and grapefruit to be imported
into the continental United States from
Chile. If this proposed rule is adopted,
State and local laws and regulations
regarding sweet oranges and grapefruit
imported under this rule would be
preempted while the fruit is in foreign
commerce. Fresh sweet oranges and
grapefruit 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-
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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.
National Environmental Policy Act
To provide the public with
documentation of APHIS’ review and
analysis of any potential environmental
impacts associated with the importation
of sweet oranges and grapefruit from
Chile, we have prepared an
environmental assessment. The
environmental assessment was prepared
in accordance with: (1) The National
Environmental Policy Act of 1969
(NEPA), as amended (42 U.S.C. 4321 et
seq.), (2) regulations of the Council on
Environmental Quality for
implementing the procedural provisions
of NEPA (40 CFR parts 1500–1508), (3)
USDA regulations implementing NEPA
(7 CFR part 1b), and (4) APHIS’ NEPA
Implementing Procedures (7 CFR part
372).
The environmental assessment may
be viewed on the Regulations.gov Web
site or in our reading room. (A link to
Regulations.gov and information on the
location and hours of the reading room
are provided under the heading
ADDRESSES at the beginning of this
proposed rule.) In addition, copies may
be obtained by calling or writing to the
individual listed under FOR FURTHER
INFORMATION CONTACT.
recordkeeping requirements, Rice,
Vegetables.
Accordingly, we propose to amend 7
CFR parts 305 and 319 as follows:
Paperwork Reduction Act
Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22,
2.80, and 371.3.
This proposed rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Lists of Subjects
7 CFR Part 305
Irradiation, Phytosanitary treatment,
Plant diseases and pests, Quarantine,
Reporting and recordkeeping
requirements.
2. In § 305.2, the table in paragraph
(h)(2)(i) is amended by adding, in
alphabetical order, entries under Chile
(all provinces except provinces of
Region 1 or Chanaral Township of
Region 3) and Chile (all provinces of
Region 1 or Chanaral Township of
Region 3), for clementines, grapefruit,
mandarins, oranges, and tangerines to
read as set forth below.
*
Coffee, Cotton, Fruits, Imports, Logs,
Nursery stock, Plant diseases and pests,
Quarantine, Reporting and
Commodity
*
*
*
Chile (all provinces except provinces of Region 1 or
Chanaral Township of Region 3).
1. The authority citation for part 305
continues to read as follows:
§ 305.2
7 CFR Part 319
Location
PART 305—PHYTOSANITARY
TREATMENTS
Approved treatments.
*
*
(h) * * *
(2) * * *
(i) * * *
*
Pest
*
*
Treatment schedule
*
*
*
*
*
*
*
Clementines .......................
*
*
Brevipalpus chilensis .........
*
MB T104–a–1 or MB
T101–n–2–1.
*
*
*
*
Grapefruit ...........................
*
*
Brevipalpus chilensis .........
*
MB T104–a–1 or MB
T101–n–2–1.
*
*
*
*
Mandarins ..........................
*
*
Brevipalpus chilensis .........
Oranges .............................
Brevipalpus chilensis .........
*
MB T104–a–1 or MB
T101–n–2–1.
MB T104–a–1 or MB
T101–n–2–1.
*
Tangerines .........................
*
*
Brevipalpus chilensis .........
*
*
*
*
*
*
Chile (all provinces of Region 1 or Chanaral Township
of Region 3).
*
pwalker on PROD1PC71 with PROPOSALS
*
*
VerDate Aug<31>2005
*
*
*
*
*
16:24 Aug 27, 2008
*
Jkt 214001
PO 00000
*
*
*
*
Clementines .......................
*
*
Brevipalpus chilensis .........
Ceratitis capitata ................
*
Grapefruit ...........................
*
*
Brevipalpus chilensis .........
Ceratitis capitata ................
*
Mandarins ..........................
*
*
Brevipalpus chilensis .........
Ceratitis capitata ................
Frm 00006
Fmt 4702
Sfmt 4702
E:\FR\FM\28AUP1.SGM
*
MB T104–a–1 or MB
T101–n–2–1.
28AUP1
*
*
MB T104–a–1 or
MB T101–n–2–1.
CT T107–a.
*
MB T104-a-1 or
MB T101–n–2–1.
CT T107–a.
*
MB T104–a–1 or
MB T101–n–2–1.
CT T107–a.
50738
Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Proposed Rules
Location
*
Commodity
*
*
*
*
*
Oranges .............................
*
*
*
*
Brevipalpus chilensis .........
Ceratitis capitata ................
*
Tangerines .........................
*
Pest
*
*
Brevipalpus chilensis .........
Ceratitis capitata ................
*
*
Treatment schedule
*
*
MB T104–a–1 or
MB T101–n–2–1.
CT T107–a.
*
MB T104–a–1 or
MB T101–n–2–1.
CT T107–a.
*
*
3. The authority citation for part 319
continues to read as follows:
33 CFR Part 165
Sector Hampton Roads at (757) 668–
5580. If you have questions on viewing
or submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
[Docket No. USCG–2008–0838]
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.
SUPPLEMENTARY INFORMATION:
RIN 1625–AA00
Public Participation and Request for
Comments
*
*
*
*
*
DEPARTMENT OF HOMELAND
SECURITY
PART 319—FOREIGN QUARANTINE
NOTICES
Coast Guard
4. Section 319.56–38 is amended as
follows:
a. By revising the section heading and
the introductory text to read as set forth
below.
b. In paragraph (e), by removing the
words ‘‘Clementines, mandarins, or
tangerines’’ and adding the words
‘‘Clementines, grapefruit, mandarins,
sweet oranges, or tangerines’’ in their
place.
c. In paragraph (f), by removing the
words ‘‘Clementines, mandarins, or
tangerines’’ and adding the words
‘‘Clementines, grapefruit, mandarins,
sweet oranges, and tangerines’’ in their
place.
§ 319.56–38
Citrus from Chile.
pwalker on PROD1PC71 with PROPOSALS
Clementines (Citrus reticulata Blanco
var. Clementine), mandarins (Citrus
reticulata Blanco), and tangerines
(Citrus reticulata Blanco) may be
imported into the continental United
States and Hawaii from Chile and
grapefruit (Citrus paradisi Macfad.) and
sweet oranges (Citrus sinensis (L.)
Osbeck) may be imported into the
continental United States from Chile in
accordance with this section and all
other applicable provisions of this
subpart.
*
*
*
*
*
Done in Washington, DC, this 22nd day of
August 2008.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E8–19871 Filed 8–27–08; 8:45 am]
BILLING CODE 3410–34–P
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Safety Zone: Christmas Holiday Boat
Parade Fireworks Event, Appomattox
River, Hopewell, VA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes
establishing a safety zone on the
Appomattox River in the vicinity of
Hopewell, VA in support of the
Christmas Holiday Boat Parade
Fireworks Event. This action will
protect the maritime public on the
Appomattox River from the hazards
associated with fireworks displays.
DATES: Comments and related material
must reach the Coast Guard on or before
September 29, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0838 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(3) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call Lieutenant Tiffany Duffy,
Chief, Waterways Management Division,
PO 00000
Frm 00007
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We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0838),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
E:\FR\FM\28AUP1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 168 (Thursday, August 28, 2008)]
[Proposed Rules]
[Pages 50732-50738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19871]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 /
Proposed Rules
[[Page 50732]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 305 and 319
[Docket No. APHIS-2007-0115]
RIN 0579-AC83
Importation of Sweet Oranges and Grapefruit From Chile
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, under certain conditions, of
sweet oranges and grapefruit from Chile into the continental United
States. Based on the evidence in a recent pest risk analysis, we
believe these articles can be safely imported from all provinces of
Chile, provided certain conditions are met. This action would provide
for the importation of sweet oranges and grapefruit from Chile into the
continental United States while continuing to protect the United States
against the introduction of plant pests.
DATES: We will consider all comments that we receive on or before
October 27, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0115 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-2007-0115, 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-2007-0115.
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 https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Alex Belano, Import Specialist,
Commodity Import Analysis and Operation Staff, PPQ, APHIS, 4700 River
Road, Unit 133, Riverdale, MD 20737-1231; (301) 734-5333.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-47, 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. The Government of the Republic of Chile
has requested that the Animal and Plant Health Inspection Service
(APHIS) amend the regulations to allow the importation into United
States of sweet oranges and grapefruit from Chile under certain
conditions. Those conditions would be the same as those which currently
apply to clementines, mandarins, and tangerines from Chile and can be
found in Sec. 319.56-38 of the regulations.
In 2006, APHIS received a request from the Government of Chile to
allow the importation of sweet oranges (Citrus sinensis (L.) Osbeck)
and grapefruit (Citrus paradisi Macfad.) from Chile into the United
States. In response to this request, we prepared a pest risk assessment
to evaluate the pest risks associated with the importation of those two
varieties of citrus from Chile into the continental United States. As
noted in that document, we identified two quarantine pests, Ceratatis
capitata, a fruit fly more commonly known as the Mediterranean fruit
fly (Medfly), and Brevipalpus chilensis (Chilean false red mite), that
could follow the pathway of commercial shipments of fresh sweet oranges
and grapefruit. In addition to the pest risk assessment, we prepared a
risk management document in which we identified several mitigations
that could be used to address the risks posed by the two pests of
concern. Those measures include cold treatment, methyl bromide
fumigation, and an existing systems approach for other citrus varieties
from Chile. Copies of the pest risk assessment and 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).
Based on the conclusions in the pest risk assessment and the
accompanying risk management document, we have determined that sweet
oranges and grapefruit can be safely imported from all provinces of
Chile, provided certain conditions are met. As stated previously in
this document, those conditions would be the same as those which
currently apply to clementines, mandarins, and tangerines from Chile,
which have proven effective at eliminating pests associated with those
commodities since 2004. Therefore, we are proposing to add sweet
oranges and grapefruit to the list of fruit that can be imported under
Sec. 319.56-38. The details of those requirements are discussed in the
paragraphs below.
Permit
We would require that a specific written permit be issued in
accordance with Sec. 319.56-3 to import sweet oranges and grapefruit
from Chile. Importers would be required to apply to APHIS' Plant
Protection and Quarantine (PPQ) program for a permit in advance of the
proposed shipments, stating in the application the country or locality
of origin of the fruits, the port of first arrival, the name and
address of the importer in the United States, and the identity and
quantity of the fruit. If APHIS approves the permit application, a
permit would be issued specifying the conditions applicable to the
importation of the fruit. In accordance with Sec. 319.56-3, a permit,
once issued, could be amended or withdrawn by the Administrator at any
time if it is determined that the importation of the fruit presents a
risk.
[[Page 50733]]
Cold Treatment
One of the two pests of concern identified in the pest risk
assessment document is Medfly. To address the risk presented by this
pest, we are proposing to require sweet oranges and grapefruit undergo
cold treatment if the fruit is grown in areas of Chile where Medfly is
known to occur, which include the province of Arica. Consignments of
sweet oranges and grapefruit from these areas would require cold
treatment in accordance with our phytosanitary treatments regulations
in 7 CFR part 305 and would also have to be accompanied by
documentation indicating that the cold treatment was initiated in
Chile.
Importation Options
The second pest of concern identified in the pest risk analysis, B.
chilensis, is a mite that is not easily detected through visual
inspection. To address the risk presented by this pest, we would
require the use of one of two options, either the application of a
systems approach or the use of fumigation. The systems approach would
allow for the importation of the fruit without fumigation, which, in
some instances, may be a more expensive option. These options are
discussed in detail in the following paragraphs.
Systems Approach
The first option being proposed by APHIS under which sweet oranges
and grapefruit could be imported into the United States from Chile is
preclearance of the commodities using a systems approach to ensure
phytosanitary security. Under a systems approach, APHIS defines a set
of phytosanitary procedures, at least two of which have an independent
effect in mitigating pest risk associated with the movement of
commodities, whereby fruits and vegetables may be imported into the
United States from countries that are not free of certain plant pests.
The systems approach in this case would consist of a series of
complementary phytosanitary measures that include: Low prevalence
production site certification, post-harvest processing, and
phytosanitary inspection. Each of these measures is explained in detail
in the following paragraphs. Once the fruit have passed through this
series of pest mitigation measures, inspectors of the national plant
protection organization (NPPO) of Chile would issue a phytosanitary
certificate stating that the fruit has been inspected and found free of
any evidence of plant pests. A phytosanitary certificate would have to
accompany each consignment of sweet oranges or grapefruit offered for
importation into the United States from Chile.
Low Prevalence Production Site Certification
The pest risk management document outlines a series of
phytosanitary measures whose implementation would mitigate the
potential risk of introducing quarantine pests into the United States
through the importation of sweet oranges and grapefruit from Chile. In
order to be eligible to participate in the systems approach, each
production site would be required to implement the mitigation measures
discussed in the pest risk management document. The first of these
measures, low prevalence production site certification, would require
each production site to register annually with the NPPO of Chile with
information including: (1) Production site name, (2) grower, (3)
municipality, (4) province, (5) region, (6) area planted to each
species, (7) number of plants/hectares/species, and (8) approximate
date of harvest. This information would be used to monitor the
phytosanitary health of the production site and to track the origin of
consignments. These production sites would then participate in a
program of certification of low prevalence, which would be carried out
by the NPPO of Chile. A random sample of fruit would be collected from
each registered production site 1 to 30 days prior to harvest. The
fruit from each sample would undergo a washing process that allows for
the detection of mites. This same process has proven to be effective in
the detection of B. chilensis in clementines, mandarins, and tangerines
from Chile since 2004.\1\ The washing process involves placing the
fruit and pedicels in sieves, sprinkling them with a liquid soap and
water solution, washing them with water at high pressure, washing them
with water at low pressure, and then repeating the process. Once the
fruit has been washed thoroughly, all contents of the sieves, which
collect everything that is washed off of the fruit, are put on a Petri
dish and analyzed for the presence of mites.
---------------------------------------------------------------------------
\1\ See table 1 of the risk management document.
---------------------------------------------------------------------------
Only production sites certified by the NPPO of Chile as low
prevalence would be eligible to export under this systems approach.
Under this systems approach, a random sample of fruit would be taken
from each production site. In order to qualify as a low prevalence
production site, a production site would be required to have no mites
detected in the fruit sampled. Each production site would have only one
opportunity per harvest season to qualify for the certification program
since the verification process would occur before the beginning of each
harvest season. Certification of low prevalence would be valid for one
harvest season only. The same certification of low prevalence program
is currently in use for clementines, mandarins, and tangerines imported
into the United States from Chile.
Post-Harvest Processing
Once the production site has been certified as a low prevalence
production site, the fruit would be picked and would then undergo post-
harvest commercial processing. In the normal fruit packing process
already in place in Chile for other commodities, fruit undergoes the
following steps: (1) Washing, (2) rinsing in a chlorine bath with
brushing using bristle rollers, (3) rinsing with a hot water shower
with brushing using bristle rollers, (4) pre-drying at room
temperature, (5) waxing, and (6) drying with hot air.
Phytosanitary Inspection
As the final stage in the systems approach, once the fruit has been
processed, each consignment, which would consist of one or more lots,
of fruit intended for export to the United States would be subject to a
phytosanitary inspection to verify the absence of B. chilensis and any
visibly detectable pests. Phytosanitary inspection would be conducted
at an APHIS-approved inspection site in Chile under the direction of
APHIS in conjunction with the NPPO of Chile.
Sweet oranges and grapefruit presented for preclearance inspection
in Chile would be required to be identified in shipping documents
accompanying each lot of fruit that identify the packing shed where
they were processed and the production sites where they were produced;
we would require that this identity be maintained until the sweet
oranges or grapefruit were released for entry into the United States.
A biometric sample of the boxes would be selected and the fruit
from these boxes would be visually inspected for quarantine pests. A
portion of the fruit would be washed and the collected filtrate would
be microscopically examined for B. chilensis.
If one live B. chilensis s mite were found during phytosanitary
inspection, the entire consignment would have to be fumigated with
methyl bromide in order for the fruit to be eligible for export to the
United States. In addition, the production site of origin would be
suspended from the low prevalence certification program for the
remainder of the harvest season. During the term of its suspension, the
production site
[[Page 50734]]
could export fruit to the United States only if the fruit were
fumigated with methyl bromide, as outlined in the following section. A
suspended production site would have the opportunity to reenter the low
prevalence certification program prior to the next harvest season. As
noted previously, all production sites would have to requalify for the
program each year, regardless of their status at the end of the
preceding season.
If, during preclearance inspection in Chile, inspectors were to
find evidence of any other plant pest for which an authorized treatment
in 7 CFR part 305 is available, fruit in the consignment would remain
eligible for export to the United States if the entire consignment were
treated for the pest in Chile under APHIS supervision. However, if a
quarantine pest were found for which no treatment authorized in 7 CFR
part 305 is available, the entire consignment would not be eligible for
export to the United States.
Chile's NPPO would issue a phytosanitary certificate if no evidence
of pests was found. The phytosanitary certificate would have to contain
an additional declaration stating that the fruit in the consignment
meets the conditions of Sec. 319.56-38. Sweet oranges or grapefruit
inspected in Chile would, like all imported fruits and vegetables, be
subject to reinspection at the U.S. port of arrival as provided in
Sec. 319.56-3 of the regulations.
Fumigation
Not all exporters may be able to utilize the systems approach as a
means for access to the U.S. market. As an alternative mitigation
measure, we are proposing to provide for the use of an approved APHIS
treatment for B. chilensis for sweet oranges and grapefruit from Chile.
The treatment would be fumigation with methyl bromide at normal
atmospheric pressure in an APHIS-approved fumigation chamber or under a
tarpaulin in accordance with the following schedule, which is listed in
7 CFR part 305 as T104-a-1 and T101-n-2-1. These treatment schedules
are approved for spider mites, which is the group encompassing B.
chilensis. The required treatment period is 2 hours.
------------------------------------------------------------------------
Dosage--pounds
of methyl
Temperature ([deg]F) bromide per
1,000 ft \3\
------------------------------------------------------------------------
80 or above............................................. 1 \1/2\
70-79 (inclusive)....................................... 2
60-69 (inclusive)....................................... 2 \1/2\
50-59 (inclusive)....................................... 3
------------------------------------------------------------------------
APHIS inspectors would monitor the fumigation and prescribe such
safeguards as might be necessary for unloading, handling, and
transportation preparatory to fumigation. The final release of the
commodities for entry into the United States would be conditioned upon
compliance with prescribed safeguards and required treatment.
Consignments of sweet oranges and grapefruit from Chile that had been
fumigated would be subject to random inspection in Chile, as well as at
the port of arrival in accordance with Sec. 319.56-3.
Trust Fund Agreement
We are proposing to require that sweet oranges and grapefruit from
Chile may be imported into the United States only if the NPPO of Chile
or a private export group has entered into a trust fund agreement with
APHIS in accordance with Sec. 319.56-6. Requiring the payment of costs
in advance is necessary to help defray the costs to APHIS of providing
inspection and treatment monitoring services in Chile.
Section 319.56-6 of the regulations sets forth provisions for
establishing trust fund agreements to cover costs incurred by APHIS
when APHIS personnel must be physically present in an exporting country
or region to facilitate exports. Trust fund agreements require the NPPO
of an exporting country or the private export group to pay in advance
of each shipping season all costs that APHIS estimates it would incur
in providing inspection services and treatment monitoring in the
exporting country during each shipping season. These costs would
include administrative expenses and all other salaries (including
overtime and the Federal share of employee benefits), travel expenses
(including per diem expenses), and other incidental expenses incurred
by the inspectors in performing these services. The NPPO of an
exporting country or the private export group is required to deposit a
certified or cashier's check with APHIS for the amount of these costs,
as estimated by APHIS. If the deposit is not sufficient to meet all
costs incurred by APHIS, the agreement requires the NPPO of the
exporting country or the private export group to deposit a certified or
cashier's check with APHIS for the amount of the remaining costs, as
determined by APHIS, before APHIS would provide any more services
related to the inspection and treatment of the fruit or vegetable.
After a final audit at the conclusion of each shipping season, any
overpayment of funds is returned to the NPPO of the exporting country
or held on account until needed, at their option.
Miscellaneous Changes
As noted previously, the current regulations in Sec. 319.56-38
provide for the importation of clementines, mandarins, and tangerines
from Chile into the United States. As defined in Sec. 319.56-2, the
term United States includes the 50 States, the District of Columbia,
and all U.S. territories and possessions. However, the pest risk
assessment we prepared for the rulemaking that established the
regulations in current Sec. 319.56-38 was limited in scope to the
continental United States and Hawaii. Therefore, to ensure that the
regulations are consistent with the pest risk assessment's scope, we
would amend the introductory text of Sec. 319.56-38 to specifically
state that clementines, mandarins, and tangerines may be imported from
Chile into the continental United States (including Alaska) and Hawaii
only.
The regulations in current Sec. 319.56-38 provide that if
treatment is required, clementines, mandarins, and tangerines must be
cold treated or fumigated with methyl bromide in accordance with part
305. The table in Sec. 305.2(h)(2)(i) identifies treatment schedules
for fruits and vegetables from foreign localities for which there is an
approved treatment. When we amended the fruits and vegetables
regulations to provide for the importation of clementines, mandarins,
and tangerines, we neglected to add an entry for those commodities to
the table in Sec. 305.2(h)(2)(i). To correct this error, we propose to
amend the table in Sec. 305.2(h)(2)(i) to include entries for
clementines, mandarins, and tangerines from Chile and to specifically
identify the cold treatment and methyl bromide fumigation treatment
schedules that are approved for those commodities.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The 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.
We are proposing to amend the fruits and vegetables regulations to
allow the importation, under certain conditions, of sweet oranges and
grapefruit from Chile into the continental United States. Sweet oranges
and grapefruit would be imported under certain conditions that would
address the risks associated with the Medfly and B. chilensis.
Phytosanitary risks would be mitigated
[[Page 50735]]
using the same approach as is currently employed for the importation of
clementines, mandarins, and tangerines from Chile, as set forth in 7
CFR 319.56-38. Import requirements would include orchard control and
registration, low prevalence orchard certification, harvest timing,
post-harvest processing, phytosanitary inspections by both APHIS and
the Chilean NPPO, and, if necessary, approved cold treatment and/or
methyl bromide treatment in Chile or at the port of entry.
The Regulatory Flexibility Act requires agencies to evaluate the
potential effects of their proposed and final rules on small
businesses, small organizations, and small governmental jurisdictions.
Section 603 of the Act requires an agency to prepare and make available
for public comment an initial regulatory flexibility analysis
describing the expected impact of a proposed rule on small entities,
unless the head of the agency certifies that the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities. This analysis is in support of certification.
Sweet Orange and Grapefruit Production
The United States is a major producer of citrus fruits. Chile is
not yet considered a major producer of citrus, especially when compared
to its neighbors such as Brazil, Uruguay, and Argentina. The major
world producers of fresh oranges are the United States, Brazil, Mexico,
India, and China, while the major exporting countries include Spain,
the United States, South Africa, the Netherlands, and Greece.\2\
Commercial production of sweet oranges and grapefruit in the
continental United States is limited to Arizona, California, Florida,
Louisiana, and Texas. Most of the production is located within Florida
and California. California is the leading producer of oranges for the
fresh market, major varieties of which include Valencia and navel.
While Florida produces a larger total quantity of oranges, only 5
percent of the State's orange crop is consumed as fresh fruit. Florida
supplies the highest amount of fresh grapefruit, and 45 percent of the
U.S. grapefruit crop is utilized as fresh fruit.
---------------------------------------------------------------------------
\2\ HS code 080510, fresh and dried oranges.
Table 1--Production in United States of Fresh Oranges and Grapefruit
[in short tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2003/04 2004/05 2005/06 2006/07
-------------------------------------------------------------------------------------------------------
Orange Grapefruit Orange Grapefruit Orange Grapefruit Orange Grapefruit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona......................................... 14,000 5,000 12,000 5,000 9,000 5,000 7,000 3,000
California...................................... 1,669,000 171,000 1,845,000 181,000 1,650,000 178,000 986,000 117,000
Florida......................................... 445,000 708,000 333,000 315,000 329,000 294,000 290,000 466,000
Texas........................................... 50,000 137,000 52,000 125,000 54,000 128,000 63,000 138,000
-------------------------------------------------------------------------------------------------------
Total....................................... 2,178,000 1,021,000 2,242,000 626,000 2,042,000 603,000 1,346,000 724,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: Economic Research Service (ERS), U.S. Department of Agriculture (USDA). Fruit and Tree Nuts Situation and Outlook Yearbook, October 2007,
combination of table C-21 Oranges: Utilization of production by State and table C-3 Grapefruit: Utilization of production by State. Note: Season
begins in November for Arizona and California, and in October for Florida and Texas. Quantities for 2006/07 are totaled through October 2007 only.
In 2006, Chile produced 156,000 short tons of fresh oranges on
8,000 hectares.\3\ The Asociaci[oacute]n de Exportadores de Chile
(ASOEX) states that there are no official figures for the production of
grapefruit, as grapefruit is a relatively new species in Chile with a
small growing area.\4\ APHIS estimates, based on the total Chilean
citrus export volume, that approximately 5,000 short tons of grapefruit
were produced in 2006.
---------------------------------------------------------------------------
\3\ Food and Agriculture Organization (FAO) of the United
Nations. FAOSTAT, FAO Statistics Production Division 2008, ProdStat,
Crops. Originally reported as 142,000 metric tons. https://
faostat.fao.org/site/567/default.aspx.
\4\ https://www.asoex.cl/.
---------------------------------------------------------------------------
Imports and Exports
In 2006, more than 97 percent of U.S. orange imports came from the
countries of South Africa, Australia, and Mexico, while 99 percent of
grapefruit imports (including pomelos, fresh or dried) came from the
Bahamas and Israel. Table 2 shows the value and quantity of fresh
oranges and grapefruit imported into the United States from 2003-2006.
Table 2--U.S. Total Imports of Fresh Oranges and Grapefruit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total value (in dollars) Quantity in short tons Value per short ton
-----------------------------------------------------------------------------------------------
Oranges Grapefruit Oranges Grapefruit Oranges Grapefruit
--------------------------------------------------------------------------------------------------------------------------------------------------------
2003.................................................... $49,876,360 $1,851,185 59,955 22,828 $831.89 $81.09
2004.................................................... 58,785,735 1,606,153 72,387 15,780 812.11 101.78
2005.................................................... 68,502,310 1,403,260 76,122 15,816 899.90 88.73
2006.................................................... 80,612,248 2,142,111 81,117 20,890 993.78 102.54
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: Global Trade Atlas (2005-2008). Originally reported in kilograms.
The United States is a major exporter of fresh or dried oranges. In
the 2005-2006 season, the United States exported around 600,000 short
tons of fresh oranges, while imports were around 80,000 short tons.\5\
Regarding grapefruit, around 300,000 short tons were exported and only
20,000 short tons were imported.\6\ Clearly, the United
[[Page 50736]]
States is a large net exporter of both sweet oranges and grapefruit.
---------------------------------------------------------------------------
\5\ Eighty-four percent of total exports were to Canada, Japan,
South Korea, Hong Kong, and China.
\6\ ERS, USDA. Fruit and Tree Nuts Situation and Outlook
Yearbook/FTS-2007/October 2007. Table F-18--Fresh Oranges, Supply
and Utilization. Pg. 150. Converted from million pounds using 1
pound = 0.0005 short tons.
---------------------------------------------------------------------------
Chile's current citrus exports are to Japan, Spain, the
Netherlands, and Canada. In the past 6 years, orange exports have
dramatically increased, from 3,600 short tons to over 28,000 short
tons, while grapefruit exports increased from 337 short tons to over
4,300 short tons.\7\ Like the United States but on a smaller scale,
Chile is a net exporter of sweet oranges and grapefruit. Its share of
overseas citrus markets such as that of Japan continues to expand.\8\
---------------------------------------------------------------------------
\7\ Global Trade Atlas (2005-2008). Originally reported in
kilograms. 1 kg = 0.0011023 short tons.
\8\ USDA. Foreign Agricultural Service. Situation and Outlook
for Citrus. February 2006. pg. 6. https://www.fas.usda.gov/htp/Hort_
Circular/2006/02-06/02-20-06%20Citrus%20Feature.pdf.
---------------------------------------------------------------------------
Expected U.S Imports of Sweet Oranges and Grapefruit From Chile
According to the NPPO of Chile, annual exports of sweet oranges and
grapefruit to the United States from Chile would total around 110,000
boxes: 93,500 boxes of oranges and 16,500 boxes of grapefruit. The
boxes are 17 kilograms for sweet oranges and 15 kilograms for
grapefruit, yielding approximately 1752.1 short tons of oranges and
272.8 short tons of grapefruit, or about 2,000 short tons overall. This
volume of imports from Chile would comprise a relatively minimal amount
compared to total U.S. imports of about 100,000 short tons and domestic
production of more than 2.6 million short tons (table 3). The expected
imports from Chile would be equivalent to 2 percent of U.S. imports of
oranges and grapefruit in 2006 and less than 0.1 percent of U.S.
production.
Table 3--Combined Quantities of U.S. Fresh Oranges and Grapefruit,
Domestically Produced and Imported, and Expected Annual Imports From
Chile
------------------------------------------------------------------------
Volume in
short tons
------------------------------------------------------------------------
Domestic production, 2006.................................. 2,645,000
All imports, 2006.......................................... 102,006
Expected annual imports from Chile......................... 2,025
------------------------------------------------------------------------
Seasonal Production and Marketing of Oranges and Grapefruit
Another aspect to consider regarding potential impacts of the
proposed rule is the seasonal difference between the citrus industries
in the United States and Chile. U.S imports of fresh fruit and
vegetables have increased substantially since the 1990s.\9\ Southern
hemisphere countries are dominant suppliers for off-season fresh fruit.
Availability of domestically produced oranges and grapefruit peaks
between October and January, gradually decreases from February to June,
and is lowest between July and September.\10\ In contrast, citrus
production in the southern hemisphere is between May and November.
Imports from the southern hemisphere complement the U.S. production
cycle and help to maintain year-round availability of fresh citrus.
Allowing importation of oranges and grapefruit from Chile would expand
U.S. consumers' access to fresh produce year round, while not directly
competing with the production and shipment of domestically produced
oranges and grapefruit intended for the fresh fruit market.
---------------------------------------------------------------------------
\9\ USDA, ERS. Increased U.S. Imports of Fresh Fruit and
Vegetables. Sophia Huang and Kuo Huang. Sept. 2007.
\10\ https://www.dneworld.com/FreshCitrus/CitrusAvailability/
tabid/157/Default.aspx. Chile data from Chilean Fresh Fruit. https://
www.chileanfreshfruit.com/citrus.shtml.
---------------------------------------------------------------------------
Small Entity Impact
Businesses most likely to be affected by this rule would be orange
and grapefruit producers, for which the Small Business Administration
(SBA) small-entity standard is annual sales of not more than $750,000.
Production of fresh oranges is classified under North American Industry
Classification System (NAICS) code 111310, and grapefruit production is
classified within NAICS code 111320, citrus (except orange) groves.\11\
In 2002, NASS reported that 1,272 out of 17,727 citrus farmers earned
more than $500,000, indicating that at least 93 percent of U.S. citrus
farmers are small entities. For California the statistics are similar,
with 91 percent of citrus farmers earning under $500,000. These data
substantiate that the majority of U.S fresh citrus producers are small
entities.
---------------------------------------------------------------------------
\11\ Also includes lemon, lime, mandarin, tangelo, and
tangerine.
---------------------------------------------------------------------------
Some importers of sweet oranges and grapefruit could be affected by
the proposed rule as well, as it would allow for increased imports
during the off-peak domestic citrus season. These industries and their
small-entity size standards are: Fresh fruit and vegetable wholesalers
(NAICS 424280, less than or equal to 100 employees), wholesalers and
other grocery stores (NAICS 445110, less than or equal to $23 million
in annual receipts), warehouse clubs and superstores (NAICS 452910,
less than or equal to $23 million in annual receipts) and fruit and
vegetable markets (NAICS 445230, less than or equal to $6 million in
annual receipts). Most entities that comprise these industries are
small. Given the relatively small quantity of sweet oranges and
grapefruit expected to be imported from Chile, the rule would not have
a significant impact on these types of industries.
U.S. exports of sweet oranges and grapefruit far exceed U.S.
imports. The expected level of imports of oranges and grapefruit from
Chile would be equivalent to 2 percent of all U.S. imports in 2006 and
less than 0.1 percent of U.S. production that year. Moreover, the
imports from Chile would take place during the off-season for U.S.
domestically produced citrus, and would therefore primarily compete
with orange and grapefruit imports from other sources in the southern
hemisphere. While U.S producers and importers of sweet oranges and
grapefruit are predominantly small according to SBA guidelines, based
on available information the proposed rule would not have a significant
economic impact on a substantial number of small entities. In addition,
as stated previously, to ensure that the regulations are consistent
with the pest risk assessment's scope, we would amend the introductory
text of Sec. 319.56-38 to specifically state that clementines,
mandarins, and tangerines may be imported from Chile into the
continental United States (including Alaska) and Hawaii only. We do not
have information regarding the potential impact to small U.S. entities
outside of the continental United States and Hawaii as a result of this
proposed change. APHIS welcomes public comment on the proposed rule's
possible impacts.
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 sweet oranges and grapefruit to be
imported into the continental United States from Chile. If this
proposed rule is adopted, State and local laws and regulations
regarding sweet oranges and grapefruit imported under this rule would
be preempted while the fruit is in foreign commerce. Fresh sweet
oranges and grapefruit 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-
[[Page 50737]]
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.
National Environmental Policy Act
To provide the public with documentation of APHIS' review and
analysis of any potential environmental impacts associated with the
importation of sweet oranges and grapefruit from Chile, we have
prepared an environmental assessment. The environmental assessment was
prepared in accordance with: (1) The National Environmental Policy Act
of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of
the Council on Environmental Quality for implementing the procedural
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing
Procedures (7 CFR part 372).
The environmental assessment may be viewed on the Regulations.gov
Web site or in our reading room. (A link to Regulations.gov and
information on the location and hours of the reading room are provided
under the heading ADDRESSES at the beginning of this proposed rule.) In
addition, copies may be obtained by calling or writing to the
individual listed under FOR FURTHER INFORMATION CONTACT.
Paperwork Reduction Act
This proposed rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
Lists of Subjects
7 CFR Part 305
Irradiation, Phytosanitary treatment, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements.
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 parts 305 and 319 as
follows:
PART 305--PHYTOSANITARY TREATMENTS
1. The authority citation for part 305 continues to read as
follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and
136a; 7 CFR 2.22, 2.80, and 371.3.
2. In Sec. 305.2, the table in paragraph (h)(2)(i) is amended by
adding, in alphabetical order, entries under Chile (all provinces
except provinces of Region 1 or Chanaral Township of Region 3) and
Chile (all provinces of Region 1 or Chanaral Township of Region 3), for
clementines, grapefruit, mandarins, oranges, and tangerines to read as
set forth below.
Sec. 305.2 Approved treatments.
* * * * *
(h) * * *
(2) * * *
(i) * * *
----------------------------------------------------------------------------------------------------------------
Location Commodity Pest Treatment schedule
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chile (all provinces except provinces
of Region 1 or Chanaral Township of
Region 3).
* * * * * * *
Clementines............ Brevipalpus chilensis.. MB T104-a-1 or MB T101-
n-2-1.
* * * * * * *
Grapefruit............. Brevipalpus chilensis.. MB T104-a-1 or MB T101-
n-2-1.
* * * * * * *
Mandarins.............. Brevipalpus chilensis.. MB T104-a-1 or MB T101-
n-2-1.
Oranges................ Brevipalpus chilensis.. MB T104-a-1 or MB T101-
n-2-1.
* * * * * * *
Tangerines............. Brevipalpus chilensis.. MB T104-a-1 or MB T101-
n-2-1.
* * * * * * *
Chile (all provinces of Region 1 or
Chanaral Township of Region 3).
* * * * * * *
Clementines............ Brevipalpus chilensis.. MB T104-a-1 or
Ceratitis capitata..... MB T101-n-2-1.
CT T107-a.
* * * * * * *
Grapefruit............. Brevipalpus chilensis.. MB T104-a-1 or
Ceratitis capitata..... MB T101-n-2-1.
CT T107-a.
* * * * * * *
Mandarins.............. Brevipalpus chilensis.. MB T104-a-1 or
Ceratitis capitata..... MB T101-n-2-1.
CT T107-a.
[[Page 50738]]
* * * * * * *
Oranges................ Brevipalpus chilensis.. MB T104-a-1 or
Ceratitis capitata..... MB T101-n-2-1.
CT T107-a.
* * * * * * *
Tangerines............. Brevipalpus chilensis.. MB T104-a-1 or
Ceratitis capitata..... MB T101-n-2-1.
CT T107-a.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 319--FOREIGN QUARANTINE NOTICES
3. 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.
4. Section 319.56-38 is amended as follows:
a. By revising the section heading and the introductory text to
read as set forth below.
b. In paragraph (e), by removing the words ``Clementines,
mandarins, or tangerines'' and adding the words ``Clementines,
grapefruit, mandarins, sweet oranges, or tangerines'' in their place.
c. In paragraph (f), by removing the words ``Clementines,
mandarins, or tangerines'' and adding the words ``Clementines,
grapefruit, mandarins, sweet oranges, and tangerines'' in their place.
Sec. 319.56-38 Citrus from Chile.
Clementines (Citrus reticulata Blanco var. Clementine), mandarins
(Citrus reticulata Blanco), and tangerines (Citrus reticulata Blanco)
may be imported into the continental United States and Hawaii from
Chile and grapefruit (Citrus paradisi Macfad.) and sweet oranges
(Citrus sinensis (L.) Osbeck) may be imported into the continental
United States from Chile in accordance with this section and all other
applicable provisions of this subpart.
* * * * *
Done in Washington, DC, this 22nd day of August 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-19871 Filed 8-27-08; 8:45 am]
BILLING CODE 3410-34-P
