Importation of Sweet Oranges and Grapefruit From Chile, 15635-15640 [E9-7844]

Download as PDF 15635 Rules and Regulations Federal Register Vol. 74, No. 65 Tuesday, April 7, 2009 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. 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: Final rule. SUMMARY: We are amending 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 provides 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: Effective Date: May 7, 2009. FOR FURTHER INFORMATION CONTACT: Mr. Alex Belano, Branch Chief, Risk Management and Plants for Planting Policy, 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 319.56–48, 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. VerDate Nov<24>2008 14:33 Apr 06, 2009 Jkt 217001 On August 28, 2008, we published in the Federal Register (73 FR 50732– 50738, Docket No. APHIS–2007–0115) a proposal 1 to amend the regulations by allowing the importation, into the continental United States, of commercial shipments of sweet oranges and grapefruit from Chile subject to certain conditions. Those conditions included cold treatment to mitigate the risk associated with Ceratitis capitata (Mediterranean fruit fly or Medfly) and methyl bromide fumigation or an existing systems approach for other citrus varieties from Chile to mitigate the risk associated with Brevipalpus chilensis (Chilean false red mite). We solicited comments concerning our proposal for 60 days ending October 27, 2008. We received 33 comments by that date. They were from importers, private citizens, a State department of agriculture, citrus growers and shippers, a trade association, port facilities, a customs brokerage firm, grocery stores, a national plant protection organization, and industry groups. Twenty-eight commenters supported the proposal. Five commenters had concerns regarding the proposed rule, which are discussed below. One commenter stated that there should be checks and balances to ensure that Chile adheres to the requirements in the proposal. We agree with the commenter. The regulations provide several checks and balances, including, but not limited to, production at registered production sites of which the Animal and Plant Health Inspection Service (APHIS) must be notified and inspection at APHISapproved inspection sites under the direction of APHIS inspectors. In addition, as stated in the proposed rule, a permit for the importation of Chilean sweet oranges or grapefruit could be amended or withdrawn by the Administrator at any time if it is determined that the importation presents a risk. As part of the systems approach for sweet oranges and grapefruit from Chile, we proposed that a random sample of fruit from each production site be subject to a washing process that allows for the detection of mites. The washing process involves placing the fruit and 1 To view the proposed rule and the comments we received, go to https://www.regulations.gov/ fdmspublic/component/ main?main=DocketDetail&d=APHIS-2007-0115. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 pedicels in 200 mesh 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. One commenter stated that the 200 mesh sieve is not sufficient to catch immature mites and should be changed to a 325 mesh sieve. We have determined that a 200 mesh sieve will suffice to catch quarantine pests in all stages of development. However, we do recognize that it may be common in certain areas to use a sieve of a finer mesh; indeed, APHIS has long used sieves of 230 mesh to conduct inspections at ports of first arrival. Likewise, we also recognize that there may be instances when a sieve of a finer mesh is more readily available. Therefore, we are modifying proposed § 319.56–38(d)(2) to state that a sieve of 200 mesh or finer must be used. Two commenters stated that the description of the post-harvest processing in the proposed rule contained an error, as it omits the required washing with detergent and brushing using bristle rollers. While the commenters are correct that this provision was inadvertently omitted in the description of the postharvest processing in the preamble of the proposed rule, this provision is included in the post-harvest processing requirements for clementines, mandarins, and tangerines from Chile listed in § 319.56–38(d)(3). Because we proposed to amend § 319.56–38 to include sweet oranges and grapefruit, the section as we proposed to amend it would have required all the post-harvest processing steps, including the washing and brushing, for sweet oranges and grapefruit from Chile. Therefore, no changes to the proposed rule are necessary based on this comment. However, we are making a minor change to one of the provisions for postharvesting processing to replace the required chlorine bath with a potable water bath. This is because the washing action itself and not the chlorine is the mitigation measure. Washing with a chlorine bath is a routine packinghouse procedure employed in Chile, and the chlorine itself does not have any E:\FR\FM\07APR1.SGM 07APR1 15636 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Rules and Regulations efficacy against the listed quarantine pests. Therefore, we are removing the chlorine requirement, as it is unnecessary. The table in § 305.2(h)(2)(i) of our phytosanitary treatments regulations in 7 CFR Part 305 identifies treatment schedules for fruits and vegetables from foreign localities for which there is an approved treatment. However, entries for clementines, mandarins, and tangerines from Chile were inadvertently omitted from the list of approved treatments. Therefore, we proposed to amend the list in § 305.2(h)(2)(i) by adding entries for clementines, mandarins, and tangerines from certain regions within Chile and specifically identifying the cold treatment and methyl bromide fumigation treatment schedules that are approved for those commodities from those regions. We also proposed to add entries for sweet oranges and grapefruit from Chile, consistent with the provisions of the proposed rule. Two commenters stated that the list of locations in § 305.2 from which certain commodities may be imported subject to specific approved treatments should be updated. This is because Chile has recently changed its designations for the areas in Chile we consider to be free of fruit flies—two provinces that were previously part of Region 1, Arica and Parinacola, now make up Region 15. Currently, treatment with methyl bromide is approved for citrus from all provinces within Chile that we consider free of fruit flies. This includes all provinces within Chile except the area previously designated as the provinces of Region 1 and the Chanaral Township of Region 3. For that area, where fruit flies are present, treatment with methyl bromide is approved and an additional cold treatment is required. We agree with the commenter that the table in § 305.2 should be updated to reflect Chile’s current geographical designation of provinces. In addition, we published a final rule on July 18, 2007, and effective on August 17, 2007 (72 FR 39482–39528, Docket No. APHIS–2005–0106) that, among other changes, established a process for designating pest-free areas in foreign countries more expeditiously. As part of this process, pest-free areas are listed on the Internet (https:// www.aphis.usda.gov/import_export/ plants/manuals/ports/downloads/ DesignatedPestFreeAreas.pdf) rather than in the regulations. In order to ensure that the treatments listed in § 305.2(h)(2)(i) reflect our list of fruit fly-free areas in Chile and to accommodate future changes, if any, to those areas, we are removing the words VerDate Nov<24>2008 14:33 Apr 06, 2009 Jkt 217001 ‘‘all provinces except provinces of Region 1 or Chanaral Township of Region 3’’ in the entry for fruits and vegetables from that area in Chile in § 305.2(h)(2)(i) and replacing them with the words ‘‘areas determined to be free of fruit flies in accordance with § 319.56–5’’. We are also removing the words ‘‘all provinces of Region 1 or Chanaral Township of Region 3’’ in the entry for fruits and vegetables from that area in Chile in § 305.2(h)(2)(i) and replacing them with the words ‘‘areas not determined to be free of fruit flies in accordance with § 319.56–5’’. One commenter stated that, based on regulatory failures experienced in Spain, probit 9 cold treatment alone can be overwhelmed when populations of Medfly are high. Therefore, the commenter stated, the rule needs to augment the required cold treatment with details on monitoring Medfly population levels and maintaining them at low levels. We are making no change in response to this comment. The probit 9 level of phytosanitary security refers to cold treatment schedules that achieve a post treatment survival rate of no more than 3.2 × 10-5; this level is generally considered to be the optimal possible without recourse to prohibitively long or potentially damaging treatment schedules. In 2001, shipments of clementines from Spain were intercepted at a U.S. port of entry, and found to be infested with Medfly. Accompanying documentation suggested that the clementines had been treated with an authorized treatment designed to achieve this probit 9 level. Following consultation with a panel of experts in phytosanitary measures, APHIS determined that the treatment schedule in the regulations at the time did not, in fact, achieve a probit 9 level of security. We also determined that probit 9 security could be achieved by amending the regulations to extend the duration of cold treatment schedules under which fruits are treated for Medfly. We amended the regulations in this manner in an interim rule effective and published in the Federal Register on October 22, 2002 (67 FR 63529– 63536, Docket No. 02–071–1), and have found these revised treatment schedules to be effective in treating for Medfly. One commenter opposed the use of irradiation as a phytosanitary treatment. Irradiation has been proven to be an effective phytosanitary treatment for certain plant pests. Therefore, it is appropriate to provide for its use as an option in mitigating the risk associated with those plant pests. However, we did not propose to require the use of irradiation to mitigate any of the pests PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 associated with sweet oranges and grapefruit from Chile. Two commenters opposed the rule because they were concerned about the environmental and human health impacts associated with the use of methyl bromide. The United States Government encourages methods that do not use methyl bromide to meet phytosanitary standards where alternatives are deemed to be technically and economically feasible. As stated in the proposed rule, APHIS would allow either fumigation or a systems approach to mitigate the risk associated with the mite, B. chilensis. In addition, in accordance with Montreal Protocol Decision XI/13 (paragraph 7), APHIS is committed to promoting and employing gas recapture technology and other methods whenever possible to minimize harm to the environment caused by methyl bromide emissions. Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, with the changes discussed in this document. Executive Order 12866 and Regulatory Flexibility Act This final 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. In accordance with the Regulatory Flexibility Act, we have analyzed the potential economic effects of this action on small entities. We are amending 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 will have to be imported under certain conditions that address the risks associated with the Medfly and B. chilensis. Phytosanitary risks must be mitigated using the same approach as is currently employed for the importation of clementines, mandarins, and tangerines from Chile, as set forth in § 319.56–38. Import requirements include orchard control and registration, low prevalence orchard certification, harvest timing, post-harvest processing, phytosanitary inspection, approved cold treatment and, if necessary, methyl bromide treatment in Chile or at the port of entry. 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 E:\FR\FM\07APR1.SGM 07APR1 15637 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Rules and Regulations neighbors such as Brazil, Uruguay, and Argentina. In 2007, the major world producers of fresh oranges were the United States, Brazil, Mexico, India, and China, while the major exporting countries, in terms of volume, included Spain, South Africa, the United States, Morocco, the Netherlands, and Greece.2 The major world producers of grapefruit are the United States, China, South 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. Africa, and Mexico, while the major exporting countries, in terms of volume, are the United States, South Africa, Turkey, and the Netherlands.3 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. TABLE 1—PRODUCTION IN UNITED STATES OF FRESH ORANGES AND GRAPEFRUIT [In short tons] 2004/05 Orange 2005/06 Grapefruit Orange 2006/07 Grapefruit Orange 2007/08 Grapefruit Orange Grapefruit Arizona ........................... California ........................ Florida ............................ Texas .............................. 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 3,000 178,000 294,000 128,000 7,000 1,020,000 288,000 63,000 3,000 161,000 466,000 138,000 10,000 1,853,000 264,000 58,000 3,000 168,000 451,000 138,000 Total ........................ 2,242,000 626,000 2,042,000 601,000 2,378,000 768,000 2,185,000 760,000 Source: Economic Research Service (ERS), U.S. Department of Agriculture (USDA). Fruit and Tree Nuts Situation and Outlook Yearbook, October 2008, 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 2007/08 are only totaled until the publication date, October 2008. In 2007, Chile produced 163,000 short tons of fresh oranges on 8,300 hectares.4 ´ The Asociacion de Exportadores de Chile 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.5 APHIS estimates, based on the total Chilean citrus export volume, that approximately 5,000 short tons of grapefruit were produced in 2007. Imports and Exports In 2007, more than 85 percent of U.S. orange imports came from the countries of South Africa, Australia, Spain, and Mexico, while 98 percent of grapefruit imports came from the Bahamas and Mexico. Table 2 shows the value and quantity of fresh oranges and grapefruit imported into the United States from 2004 to 2007. TABLE 2—U.S. TOTAL IMPORTS OF FRESH ORANGES AND GRAPEFRUIT Total value (in dollars) Oranges 2004 2005 2006 2007 ........................................................ ........................................................ ........................................................ ........................................................ $58,785,735 68,502,310 80,612,248 121,497,551 Quantity in short tons Grapefruit Oranges $1,606,153 1,403,260 2,142,111 2,948,550 72,387 76,122 81,117 126,890 Value per short ton Grapefruit 15,780 15,816 20,890 21,822 Oranges $812.11 899.90 993.78 957.50 Grapefruit $101.78 88.73 102.54 135.12 Source: Global Trade Atlas (2005–2008). Originally reported in kilograms. The United States is a major exporter of fresh oranges. In the 2007 season, the United States exported around 400,000 short tons of fresh oranges, while imports were around 127,000 short tons.6 Regarding grapefruit, around 352,000 short tons were exported, and only 22,000 short tons were imported.7 Clearly, the United States is a large net exporter of both fresh oranges and grapefruit. Chile’s current citrus exports are to Japan, Spain, the Netherlands, and Canada. Between 2000 and 2006, orange exports 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.8 Like the United States but on a smaller scale, Chile is a net exporter of sweet oranges and grapefruit. Its share 2 Harmonized System (HS) code 080510, fresh and dried oranges. 3 HS code 080540, fresh and dried grapefruit, including pomelos. 4 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. 5 https://www.asoex.cl/. 6 Eighty-three percent of total exports were to Canada, Japan, South Korea, Hong Kong, and China. 7 ERS, USDA. Fruit and Tree Nuts Situation and Outlook Yearbook/FTS–2007/October 2007. Table F–18–Fresh Oranges, Supply and Utilization. Pg. VerDate Nov<24>2008 14:33 Apr 06, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 of overseas citrus markets such as that of Japan continues to expand.9 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 will total around 110,000 boxes: 93,500 boxes of oranges and 16,500 boxes of grapefruit. The boxes are 17 150. Converted from million pounds using 1 pound = 0.0005 short tons. 8 Global Trade Atlas (2005–2008). Originally reported in kilograms. 1 kg = 0.0011023 short tons. 9 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. E:\FR\FM\07APR1.SGM 07APR1 15638 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Rules and Regulations 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.12 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 TABLE 3—COMBINED QUANTITIES OF U.S. citrus farmers are small entities. U.S. FRESH ORANGES AND GRAPE- For California the statistics are similar, FRUIT, DOMESTICALLY PRODUCED with 91 percent of citrus farmers AND IMPORTED, AND EXPECTED AN- earning under $500,000. These data indicate that the majority of U.S fresh NUAL IMPORTS FROM CHILE citrus producers are small entities. Some importers of sweet oranges and Volume in grapefruit could be affected by this final short tons rule as well, as it will allow for Domestic production, 2007 ....... 2,070,000 increased imports during the off-peak All imports, 2006 ....................... 148,712 domestic citrus season. These industries and their small-entity size standards are: Expected annual imports from Chile ...................................... 2,025 Fresh fruit and vegetable wholesalers (NAICS 424280, less than or equal to 100 employees), wholesalers and other Seasonal Production and Marketing of grocery stores (NAICS 445110, less than Oranges and Grapefruit or equal to $23 million in annual Another aspect to consider regarding receipts), warehouse clubs and 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 445230, less than or equal to $6 million in annual receipts). Most entities that vegetables have increased substantially since the 1990s.10 Southern hemisphere comprise these industries are small. countries are dominant suppliers for off- Given the relatively small quantity of sweet oranges and grapefruit expected season fresh fruit. Availability of to be imported from Chile, the rule will domestically produced oranges and not have a significant impact on these grapefruit peaks between October and types of industries. January, gradually decreases from U.S. exports of sweet oranges and February to June, and is lowest between grapefruit far exceed U.S. imports. The July and September.11 In contrast, the expected level of imports of oranges and highest citrus production in the grapefruit from Chile would be southern hemisphere is between May equivalent to 1.3 percent of all U.S. and November. Imports from the imports in 2007 and less than 0.1 southern hemisphere complement the percent of U.S. production that year. U.S. production cycle and help to maintain year-round availability of fresh Moreover, the imports from Chile would take place during the off season for U.S. citrus. Allowing importation of oranges domestically produced citrus, and and grapefruit from Chile will expand would therefore primarily compete with U.S. consumers’ access to fresh produce orange and grapefruit imports from year round while not directly competing other sources in the southern with the production and shipment of hemisphere. While U.S producers and domestically produced oranges and importers of sweet oranges and grapefruit intended for the fresh fruit grapefruit are predominantly small market. according to SBA guidelines, based on available information this final rule will 10 USDA, ERS. Increased U.S. Imports of Fresh not have a significant economic impact Fruit and Vegetables. Sophia Huang and Kuo on a substantial number of small Huang. Sept. 2007. entities. 11 https://www.dneworld.com/FreshCitrus/ kilograms for sweet oranges and 15 kilograms for grapefruit, yielding approximately 1,752.1 short tons of oranges and 272.8 short tons of grapefruit, or about 2,000 short tons overall. This volume of imports from Chile will comprise a relatively small amount compared to total U.S. imports of about 148,000 short tons and domestic production of more than 2.0 million short tons (table 3). The expected imports from Chile will be equivalent to 1.3 percent of U.S. imports of oranges and grapefruit in 2007 and less than 0.1 percent of U.S. production. CitrusAvailability/tabid/157/Default.aspx Chile data from Chilean Fresh Fruit. https:// www.chileanfreshfruit.com/citrus.shtml. VerDate Nov<24>2008 14:33 Apr 06, 2009 Jkt 217001 12 Also includes lemon, lime, mandarin, tangelo, and tangerine. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 In the proposed rule, we asked for public comment regarding the potential impact to small U.S. entities outside the continental United States and Hawaii of limiting the importation of clementines, mandarins, and tangerines from Chile to the continental United States (including Alaska) and Hawaii. We did not receive any comments on this issue. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This final rule allows sweet oranges and grapefruit to be imported into the continental United States from Chile. State and local laws and regulations regarding sweet oranges and grapefruit imported under this rule will be preempted while the fruit is in foreign commerce. Fresh fruits are generally imported for immediate distribution and sale to the consuming public, and 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 caseby-case basis. 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 An environmental assessment and finding of no significant impact have been prepared for this final rule. The environmental assessment provides a basis for the conclusion that the importation of sweet oranges and grapefruit from Chile under the conditions specified in this rule will not have a significant impact on the quality of the human environment. Based on the finding of no significant impact, the Administrator of the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared. The environmental assessment and finding of no significant impact were 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 and finding of no significant impact may be viewed on the Regulations.gov Web E:\FR\FM\07APR1.SGM 07APR1 15639 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Rules and Regulations site.12 Copies of the environmental assessment and finding of no significant impact are also available for public inspection at USDA, room 1141, South Building, 14th Street and Independence Avenue, SW., Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday, except holidays. Persons wishing to inspect copies are requested to call ahead on (202) 690–2817 to facilitate entry into the reading room. In addition, copies may be obtained by writing to the individual listed under FOR FURTHER INFORMATION CONTACT. Paperwork Reduction Act This final 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 are amending 7 CFR parts 305 and 319 as follows: PART 305—PHYTOSANITARY TREATMENTS § 305.2 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. Location Commodity * * * Chile (Areas determined to be free of fruit flies in accordance with § 319.56–5 of this chapter). 2. In § 305.2, the table in paragraph (h)(2)(i) is amended as follows: ■ a. Under ‘‘Location,’’ by revising the title of the first entry for Chile to read as set forth below. ■ b. Under the first entry for Chile, by adding, in alphabetical order, entries for clementines, grapefruit, mandarins, oranges, and tangerines to read as set forth below. ■ c. Under ‘‘Location,’’ by revising the title of the second entry for Chile to read as set forth below. ■ d. Under the second entry for Chile, by adding, in alphabetical order, entries for clementines, grapefruit, mandarins, oranges, and tangerines to read as set forth below. ■ Approved treatments. * * (h) * * * (2) * * * (i) * * * * Treatment schedule Pest * * * * * * * * * 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 (Areas not determined to be free of fruit flies in accordance with § 319.56–5 of this chapter). * * * * * * Clementines ....................... * * * Brevipalpus chilensis ......... Ceratitis capitata ................ * * * * Grapefruit ........................... * * Brevipalpus chilensis ......... Ceratitis capitata ................ * * * * Mandarins .......................... * * Brevipalpus chilensis ......... Ceratitis capitata ................ 12 Go to https://www.regulations.gov/fdmspublic/ component/main?main=DocketDetail&d=APHIS- VerDate Nov<24>2008 14:33 Apr 06, 2009 Jkt 217001 2007-0115. The environmental assessment and PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 * MB T104–a–1 or MB T101–n–2–1. * * 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. finding of no significant impact will appear in the resulting list of documents. E:\FR\FM\07APR1.SGM 07APR1 15640 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Rules and Regulations Location Treatment schedule * * Pest * Oranges ............................. * * Brevipalpus chilensis ......... Tangerines ......................... * Commodity Ceratitis capitata ................ Brevipalpus chilensis ......... Ceratitis capitata ................ * * * * * * * 3. The authority citation for part 319 continues to read as follows: ■ BILLING CODE 3410–34–P 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 (d)(2), by adding the words ‘‘or finer’’ after the words ‘‘200 mesh’’. ■ c. In paragraph (d)(3), by removing the word ‘‘chlorine’’ and adding the words ‘‘potable water’’ in its place. ■ d. 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. ■ e. 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. ■ 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. * * * * * VerDate Nov<24>2008 14:33 Apr 06, 2009 Jkt 217001 * Done in Washington, DC, this 1st day of April 2009. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E9–7844 Filed 4–6–09; 8:45 am] * PART 319—FOREIGN QUARANTINE NOTICES § 319.56–38 * DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 318 [Docket No. APHIS–2007–0052] RIN 0579–AC70 Revision of the Hawaiian and Territorial Fruits and Vegetables Regulations; Technical Amendment AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule; technical amendment. SUMMARY: In a final rule that was published in the Federal Register on January 16, 2009 (74 FR 2770–2786, Docket No. APHIS–2007–0052), and effective on February 17, 2009, we revised the regulations governing the interstate movement of fruits and vegetables from Hawaii and the territories. Those regulations do not apply to articles whose interstate movement is regulated under the subpart governing the interstate movement of soil, sand, earth, and plants in growing media from Hawaii and the territories; we neglected to indicate that in the final rule. In this amendment, we are amending the regulations to clearly indicate that the interstate movement of soil, sand, earth, and plants in growing media is governed by the regulations specific to those articles. DATES: Effective Date: April 7, 2009. FOR FURTHER INFORMATION CONTACT: Mr. David Lamb, Import Specialist, Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 * * 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. * Road Unit 133, Riverdale, MD 20737– 1231; (301) 734–8758. SUPPLEMENTARY INFORMATION: Background In a final rule that was published in the Federal Register on January 16, 2009 (74 FR 2770–2786, Docket No. APHIS–2007–0052), and effective on February 17, 2009, we revised the regulations in 7 CFR part 318 that govern the interstate movement of fruits and vegetables from Hawaii and the territories. The final rule combined the three subparts in 7 CFR part 318 that governed the interstate movement of fruits, vegetables, cut flowers, and certain other articles from Hawaii, Puerto Rico and the U.S. Virgin Islands, and Guam, respectively, into ‘‘Subpart— Regulated Articles From Hawaii and the Territories’’ (§§ 318.13–1 through 318.13–25) and established provisions for the interstate movement of those articles. Within that subpart, § 318.13–1(b) contains a general statement that the Secretary of the U.S. Department of Agriculture has determined that it is necessary to prohibit the interstate movement of cut flowers and fruits and vegetables and plants and portions of plants from Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands except as provided in the regulations or as provided in ‘‘Subpart— Territorial Cotton, Cottonseed, and Cottonseed Products’’ (§§ 318.47 through 318.47–4) in 7 CFR part 318. We provided the exception for ‘‘Subpart—Territorial Cotton, Cottonseed, and Cottonseed Products’’ because the interstate movement of those plant parts is regulated under that subpart, rather than under the regulations for the interstate movement of fruits and vegetables. In addition, the regulations in ‘‘Subpart—Sand, Soil, or Earth, with Plants from Territories and Districts’’ provide for the interstate movement of certain plants—specifically, plants in approved growing media, conditions for whose movement are found in E:\FR\FM\07APR1.SGM 07APR1

Agencies

[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Rules and Regulations]
[Pages 15635-15640]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7844]

========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Rules
and Regulations

[[Page 15635]]

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending 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 provides 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: Effective Date: May 7, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Alex Belano, Branch Chief, Risk
Management and Plants for Planting Policy, 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 319.56-48, 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.
On August 28, 2008, we published in the Federal Register (73 FR
50732-50738, Docket No. APHIS-2007-0115) a proposal \1\ to amend the
regulations by allowing the importation, into the continental United
States, of commercial shipments of sweet oranges and grapefruit from
Chile subject to certain conditions. Those conditions included cold
treatment to mitigate the risk associated with Ceratitis capitata
(Mediterranean fruit fly or Medfly) and methyl bromide fumigation or an
existing systems approach for other citrus varieties from Chile to
mitigate the risk associated with Brevipalpus chilensis (Chilean false
red mite).
---------------------------------------------------------------------------

\1\ To view the proposed rule and the comments we received, go
to https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0115.
---------------------------------------------------------------------------

We solicited comments concerning our proposal for 60 days ending
October 27, 2008. We received 33 comments by that date. They were from
importers, private citizens, a State department of agriculture, citrus
growers and shippers, a trade association, port facilities, a customs
brokerage firm, grocery stores, a national plant protection
organization, and industry groups. Twenty-eight commenters supported
the proposal. Five commenters had concerns regarding the proposed rule,
which are discussed below.
One commenter stated that there should be checks and balances to
ensure that Chile adheres to the requirements in the proposal.
We agree with the commenter. The regulations provide several checks
and balances, including, but not limited to, production at registered
production sites of which the Animal and Plant Health Inspection
Service (APHIS) must be notified and inspection at APHIS-approved
inspection sites under the direction of APHIS inspectors. In addition,
as stated in the proposed rule, a permit for the importation of Chilean
sweet oranges or grapefruit could be amended or withdrawn by the
Administrator at any time if it is determined that the importation
presents a risk.
As part of the systems approach for sweet oranges and grapefruit
from Chile, we proposed that a random sample of fruit from each
production site be subject to a washing process that allows for the
detection of mites. The washing process involves placing the fruit and
pedicels in 200 mesh 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. One commenter stated that
the 200 mesh sieve is not sufficient to catch immature mites and should
be changed to a 325 mesh sieve.
We have determined that a 200 mesh sieve will suffice to catch
quarantine pests in all stages of development. However, we do recognize
that it may be common in certain areas to use a sieve of a finer mesh;
indeed, APHIS has long used sieves of 230 mesh to conduct inspections
at ports of first arrival. Likewise, we also recognize that there may
be instances when a sieve of a finer mesh is more readily available.
Therefore, we are modifying proposed Sec. 319.56-38(d)(2) to state
that a sieve of 200 mesh or finer must be used.
Two commenters stated that the description of the post-harvest
processing in the proposed rule contained an error, as it omits the
required washing with detergent and brushing using bristle rollers.
While the commenters are correct that this provision was
inadvertently omitted in the description of the post-harvest processing
in the preamble of the proposed rule, this provision is included in the
post-harvest processing requirements for clementines, mandarins, and
tangerines from Chile listed in Sec. 319.56-38(d)(3). Because we
proposed to amend Sec. 319.56-38 to include sweet oranges and
grapefruit, the section as we proposed to amend it would have required
all the post-harvest processing steps, including the washing and
brushing, for sweet oranges and grapefruit from Chile. Therefore, no
changes to the proposed rule are necessary based on this comment.
However, we are making a minor change to one of the provisions for
post-harvesting processing to replace the required chlorine bath with a
potable water bath. This is because the washing action itself and not
the chlorine is the mitigation measure. Washing with a chlorine bath is
a routine packinghouse procedure employed in Chile, and the chlorine
itself does not have any

[[Page 15636]]

efficacy against the listed quarantine pests. Therefore, we are
removing the chlorine requirement, as it is unnecessary.
The table in Sec. 305.2(h)(2)(i) of our phytosanitary treatments
regulations in 7 CFR Part 305 identifies treatment schedules for fruits
and vegetables from foreign localities for which there is an approved
treatment. However, entries for clementines, mandarins, and tangerines
from Chile were inadvertently omitted from the list of approved
treatments. Therefore, we proposed to amend the list in Sec.
305.2(h)(2)(i) by adding entries for clementines, mandarins, and
tangerines from certain regions within Chile and specifically
identifying the cold treatment and methyl bromide fumigation treatment
schedules that are approved for those commodities from those regions.
We also proposed to add entries for sweet oranges and grapefruit from
Chile, consistent with the provisions of the proposed rule.
Two commenters stated that the list of locations in Sec. 305.2
from which certain commodities may be imported subject to specific
approved treatments should be updated. This is because Chile has
recently changed its designations for the areas in Chile we consider to
be free of fruit flies--two provinces that were previously part of
Region 1, Arica and Parinacola, now make up Region 15. Currently,
treatment with methyl bromide is approved for citrus from all provinces
within Chile that we consider free of fruit flies. This includes all
provinces within Chile except the area previously designated as the
provinces of Region 1 and the Chanaral Township of Region 3. For that
area, where fruit flies are present, treatment with methyl bromide is
approved and an additional cold treatment is required.
We agree with the commenter that the table in Sec. 305.2 should be
updated to reflect Chile's current geographical designation of
provinces. In addition, we published a final rule on July 18, 2007, and
effective on August 17, 2007 (72 FR 39482-39528, Docket No. APHIS-2005-
0106) that, among other changes, established a process for designating
pest-free areas in foreign countries more expeditiously. As part of
this process, pest-free areas are listed on the Internet (https://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/DesignatedPestFreeAreas.pdf) rather than in the regulations. In order
to ensure that the treatments listed in Sec. 305.2(h)(2)(i) reflect
our list of fruit fly-free areas in Chile and to accommodate future
changes, if any, to those areas, we are removing the words ``all
provinces except provinces of Region 1 or Chanaral Township of Region
3'' in the entry for fruits and vegetables from that area in Chile in
Sec. 305.2(h)(2)(i) and replacing them with the words ``areas
determined to be free of fruit flies in accordance with Sec. 319.56-
5''. We are also removing the words ``all provinces of Region 1 or
Chanaral Township of Region 3'' in the entry for fruits and vegetables
from that area in Chile in Sec. 305.2(h)(2)(i) and replacing them with
the words ``areas not determined to be free of fruit flies in
accordance with Sec. 319.56-5''.
One commenter stated that, based on regulatory failures experienced
in Spain, probit 9 cold treatment alone can be overwhelmed when
populations of Medfly are high. Therefore, the commenter stated, the
rule needs to augment the required cold treatment with details on
monitoring Medfly population levels and maintaining them at low levels.
We are making no change in response to this comment. The probit 9
level of phytosanitary security refers to cold treatment schedules that
achieve a post treatment survival rate of no more than 3.2 x
10^-5; this level is generally considered to be the optimal
possible without recourse to prohibitively long or potentially damaging
treatment schedules. In 2001, shipments of clementines from Spain were
intercepted at a U.S. port of entry, and found to be infested with
Medfly. Accompanying documentation suggested that the clementines had
been treated with an authorized treatment designed to achieve this
probit 9 level.
Following consultation with a panel of experts in phytosanitary
measures, APHIS determined that the treatment schedule in the
regulations at the time did not, in fact, achieve a probit 9 level of
security. We also determined that probit 9 security could be achieved
by amending the regulations to extend the duration of cold treatment
schedules under which fruits are treated for Medfly. We amended the
regulations in this manner in an interim rule effective and published
in the Federal Register on October 22, 2002 (67 FR 63529-63536, Docket
No. 02-071-1), and have found these revised treatment schedules to be
effective in treating for Medfly.
One commenter opposed the use of irradiation as a phytosanitary
treatment.
Irradiation has been proven to be an effective phytosanitary
treatment for certain plant pests. Therefore, it is appropriate to
provide for its use as an option in mitigating the risk associated with
those plant pests. However, we did not propose to require the use of
irradiation to mitigate any of the pests associated with sweet oranges
and grapefruit from Chile.
Two commenters opposed the rule because they were concerned about
the environmental and human health impacts associated with the use of
methyl bromide.
The United States Government encourages methods that do not use
methyl bromide to meet phytosanitary standards where alternatives are
deemed to be technically and economically feasible. As stated in the
proposed rule, APHIS would allow either fumigation or a systems
approach to mitigate the risk associated with the mite, B. chilensis.
In addition, in accordance with Montreal Protocol Decision XI/13
(paragraph 7), APHIS is committed to promoting and employing gas
recapture technology and other methods whenever possible to minimize
harm to the environment caused by methyl bromide emissions.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document. Executive Order 12866 and
Regulatory Flexibility Act
This final 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.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities.
We are amending 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 will have to be imported under certain conditions that
address the risks associated with the Medfly and B. chilensis.
Phytosanitary risks must be mitigated using the same approach as is
currently employed for the importation of clementines, mandarins, and
tangerines from Chile, as set forth in Sec. 319.56-38. Import
requirements include orchard control and registration, low prevalence
orchard certification, harvest timing, post-harvest processing,
phytosanitary inspection, approved cold treatment and, if necessary,
methyl bromide treatment in Chile or at the port of entry.

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

[[Page 15637]]

neighbors such as Brazil, Uruguay, and Argentina. In 2007, the major
world producers of fresh oranges were the United States, Brazil,
Mexico, India, and China, while the major exporting countries, in terms
of volume, included Spain, South Africa, the United States, Morocco,
the Netherlands, and Greece.\2\ The major world producers of grapefruit
are the United States, China, South Africa, and Mexico, while the major
exporting countries, in terms of volume, are the United States, South
Africa, Turkey, and the Netherlands.\3\ 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\ Harmonized System (HS) code 080510, fresh and dried oranges.
\3\ HS code 080540, fresh and dried grapefruit, including
pomelos.

Table 1--Production in United States of Fresh Oranges and Grapefruit
[In short tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2004/05 2005/06 2006/07 2007/08
----------------------------------------------------------------------------------------------------------
Orange Grapefruit Orange Grapefruit Orange Grapefruit Orange Grapefruit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona...................................... 12,000 5,000 9,000 3,000 7,000 3,000 10,000 3,000
California................................... 1,845,000 181,000 1,650,000 178,000 1,020,000 161,000 1,853,000 168,000
Florida...................................... 333,000 315,000 329,000 294,000 288,000 466,000 264,000 451,000
Texas........................................ 52,000 125,000 54,000 128,000 63,000 138,000 58,000 138,000
----------------------------------------------------------------------------------------------------------
Total.................................... 2,242,000 626,000 2,042,000 601,000 2,378,000 768,000 2,185,000 760,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: Economic Research Service (ERS), U.S. Department of Agriculture (USDA). Fruit and Tree Nuts Situation and Outlook Yearbook, October 2008,
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 2007/08 are only totaled until the publication
date, October 2008.

In 2007, Chile produced 163,000 short tons of fresh oranges on
8,300 hectares.\4\ The Asociaci[oacute]n de Exportadores de Chile
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.\5\ APHIS estimates, based on the total Chilean
citrus export volume, that approximately 5,000 short tons of grapefruit
were produced in 2007.
---------------------------------------------------------------------------

\4\ 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.
\5\ https://www.asoex.cl/.
---------------------------------------------------------------------------

Imports and Exports

In 2007, more than 85 percent of U.S. orange imports came from the
countries of South Africa, Australia, Spain, and Mexico, while 98
percent of grapefruit imports came from the Bahamas and Mexico. Table 2
shows the value and quantity of fresh oranges and grapefruit imported
into the United States from 2004 to 2007.

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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
2007.................................................. 121,497,551 2,948,550 126,890 21,822 957.50 135.12
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: Global Trade Atlas (2005-2008). Originally reported in kilograms.

The United States is a major exporter of fresh oranges. In the 2007
season, the United States exported around 400,000 short tons of fresh
oranges, while imports were around 127,000 short tons.\6\ Regarding
grapefruit, around 352,000 short tons were exported, and only 22,000
short tons were imported.\7\ Clearly, the United States is a large net
exporter of both fresh oranges and grapefruit.
---------------------------------------------------------------------------

\6\ Eighty-three percent of total exports were to Canada, Japan,
South Korea, Hong Kong, and China.
\7\ 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. Between 2000 and 2006, orange exports
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.\8\ 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.\9\
---------------------------------------------------------------------------

\8\ Global Trade Atlas (2005-2008). Originally reported in
kilograms. 1 kg = 0.0011023 short tons.
\9\ 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 will total around 110,000
boxes: 93,500 boxes of oranges and 16,500 boxes of grapefruit. The
boxes are 17

[[Page 15638]]

kilograms for sweet oranges and 15 kilograms for grapefruit, yielding
approximately 1,752.1 short tons of oranges and 272.8 short tons of
grapefruit, or about 2,000 short tons overall. This volume of imports
from Chile will comprise a relatively small amount compared to total
U.S. imports of about 148,000 short tons and domestic production of
more than 2.0 million short tons (table 3). The expected imports from
Chile will be equivalent to 1.3 percent of U.S. imports of oranges and
grapefruit in 2007 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, 2007.................................. 2,070,000
All imports, 2006.......................................... 148,712
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.\10\ 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.\11\ In contrast, the highest
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 will
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.
---------------------------------------------------------------------------

\10\ USDA, ERS. Increased U.S. Imports of Fresh Fruit and
Vegetables. Sophia Huang and Kuo Huang. Sept. 2007.
\11\ 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.\12\
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
indicate that the majority of U.S fresh citrus producers are small
entities.
---------------------------------------------------------------------------

\12\ Also includes lemon, lime, mandarin, tangelo, and
tangerine.
---------------------------------------------------------------------------

Some importers of sweet oranges and grapefruit could be affected by
this final rule as well, as it will 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 will 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 1.3 percent of all U.S. imports in 2007
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 this final rule will not have a significant
economic impact on a substantial number of small entities.
In the proposed rule, we asked for public comment regarding the
potential impact to small U.S. entities outside the continental United
States and Hawaii of limiting the importation of clementines,
mandarins, and tangerines from Chile to the continental United States
(including Alaska) and Hawaii. We did not receive any comments on this
issue.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.

Executive Order 12988

This final rule allows sweet oranges and grapefruit to be imported
into the continental United States from Chile. State and local laws and
regulations regarding sweet oranges and grapefruit imported under this
rule will be preempted while the fruit is in foreign commerce. Fresh
fruits are generally imported for immediate distribution and sale to
the consuming public, and 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-case basis. 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

An environmental assessment and finding of no significant impact
have been prepared for this final rule. The environmental assessment
provides a basis for the conclusion that the importation of sweet
oranges and grapefruit from Chile under the conditions specified in
this rule will not have a significant impact on the quality of the
human environment. Based on the finding of no significant impact, the
Administrator of the Animal and Plant Health Inspection Service has
determined that an environmental impact statement need not be prepared.
The environmental assessment and finding of no significant impact
were 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 and finding of no significant impact
may be viewed on the Regulations.gov Web

[[Page 15639]]

site.\12\ Copies of the environmental assessment and finding of no
significant impact are also available for public inspection at USDA,
room 1141, South Building, 14th Street and Independence Avenue, SW.,
Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday,
except holidays. Persons wishing to inspect copies are requested to
call ahead on (202) 690-2817 to facilitate entry into the reading room.
In addition, copies may be obtained by writing to the individual listed
under FOR FURTHER INFORMATION CONTACT.
---------------------------------------------------------------------------

\12\ Go to https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0115. The environmental
assessment and finding of no significant impact will appear in the
resulting list of documents.
---------------------------------------------------------------------------

Paperwork Reduction Act

This final 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.

0
Accordingly, we are amending 7 CFR parts 305 and 319 as follows:

PART 305--PHYTOSANITARY TREATMENTS

0
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.

0
2. In Sec. 305.2, the table in paragraph (h)(2)(i) is amended as
follows:
0
a. Under ``Location,'' by revising the title of the first entry for
Chile to read as set forth below.
0
b. Under the first entry for Chile, by adding, in alphabetical order,
entries for clementines, grapefruit, mandarins, oranges, and tangerines
to read as set forth below.
0
c. Under ``Location,'' by revising the title of the second entry for
Chile to read as set forth below.
0
d. Under the second entry for Chile, by adding, in alphabetical order,
entries 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 (Areas determined to be free of .......................
fruit flies in accordance with Sec.
319.56-5 of this chapter).

* * * * * * *
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 (Areas not determined to be .......................
free of fruit flies in accordance
with Sec. 319.56-5 of this
chapter).

* * * * * * *
Clementines............ Brevipalpus chilensis.. MB T104-a-1 or MB T101-
n-2-1.
Ceratitis capitata..... CT T107-a.

* * * * * * *
Grapefruit............. Brevipalpus chilensis.. MB T104-a-1 or
MB T101-n-2-1.
Ceratitis capitata..... CT T107-a.

* * * * * * *
Mandarins.............. Brevipalpus chilensis.. MB T104-a-1 or MB T101-
n-2-1.
Ceratitis capitata..... CT T107-a.

[[Page 15640]]

* * * * * * *
Oranges................ Brevipalpus chilensis.. MB T104-a-1 or
MB T101-n-2-1.
Ceratitis capitata..... CT T107-a.
Tangerines............. Brevipalpus chilensis.. MB T104-a-1 or MB T101-
n-2-1.
Ceratitis capitata..... CT T107-a.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 319--FOREIGN QUARANTINE NOTICES

0
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.

0
4. Section 319.56-38 is amended as follows:
0
a. By revising the section heading and the introductory text to read as
set forth below.
0
b. In paragraph (d)(2), by adding the words ``or finer'' after the
words ``200 mesh''.
0
c. In paragraph (d)(3), by removing the word ``chlorine'' and adding
the words ``potable water'' in its place.
0
d. 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.
0
e. 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 1st day of April 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-7844 Filed 4-6-09; 8:45 am]
BILLING CODE 3410-34-P

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