Importation of Kiwi From Chile Into the United States, 55739-55741 [2015-23383]
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Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations
assistance under Medicaid or a State
Children’s Health Insurance Program
(CHIP). An eligible employee may enroll
and an enrolled employee may decrease
or increase enrollment type, change
from one plan or option to another, or
make any combination of these changes
when the employee or an eligible family
member of the employee becomes
eligible for premium assistance under a
Medicaid plan or a State Children’s
Health Insurance Program. An employee
must enroll or change his or her
enrollment within 60 days after the date
the employee or family member is
determined to be eligible for assistance.
■ 21. Amend § 892.207 by revising
paragraph (b) and adding paragraph (d)
to read as follows:
§ 892.207 Can I make changes to my FEHB
enrollment while I am participating in
premium conversion?
*
*
*
*
*
(b) However, if you are participating
in premium conversion there are two
exceptions: You must have a qualifying
life event to decrease enrollment type,
switch a covered family member, or to
cancel FEHB coverage entirely. (See
§§ 892.209 and 892.210.) Your change in
enrollment must be consistent with and
correspond to your qualifying life event
as described in § 892.101. These
limitations apply only to changes you
may wish to make outside open season.
*
*
*
*
*
(d) During the first plan year in which
the self plus one enrollment type is
available, OPM will administer a
limited enrollment period for enrollees
who participate in premium conversion.
During this limited enrollment period,
enrollees who participate in premium
conversion will be allowed to decrease
enrollment from self and family to self
plus one during a time period
determined by OPM. No other changes,
including changes in plan or plan
option or increases in enrollment, will
be allowed. Enrollments will be
effective on the first day of the first pay
period following the one in which the
appropriate request is received by the
employing office.
■ 22. Revise § 892.208 to read as
follows:
tkelley on DSK3SPTVN1PROD with RULES
Jkt 235001
BILLING CODE 6325–63–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
RIN 0579–AD98
If you are participating in premium
conversion you may decrease your
FEHB enrollment type under either of
the following circumstances:
(a) During the annual open season. A
decrease in enrollment type made
during the annual open season takes
effect on the 1st day of the first pay
period that begins in the next year.
16:04 Sep 16, 2015
[FR Doc. 2015–23348 Filed 9–16–15; 8:45 am]
[Docket No. APHIS–2014–0002]
§ 892.208 Can I decrease my enrollment
type at any time?
VerDate Sep<11>2014
(b) Within 60 days after you have a
qualifying life event. A decrease in
enrollment type made because of a
qualifying life event takes effect on the
first day of the first pay period that
begins after the date your employing
office receives your appropriate request.
Your change in enrollment must be
consistent with and correspond to your
qualifying life event. For example, if
you get divorced and have no
dependent children, changing to self
only would be consistent with that
qualifying life event. As another
example, if both you and your spouse
are Federal employees, and your
youngest dependent turns age 26,
changing from a self and family to a self
plus one or two self only enrollments
would be consistent and appropriate for
that event.
(c) If you are subject to a court or
administrative order as discussed in
§ 890.301(g)(3), you may not decrease
enrollment type in a way that eliminates
coverage of a child identified in the
order as long as the court or
administrative order is still in effect and
you have at least one child identified in
the order who is still eligible under the
FEHB Program, unless you provide
documentation to your agency that you
have other coverage for your child or
children. See also §§ 892.207 and
892.209. If you are subject to a court or
administrative order as discussed in
§ 890.301(g)(3), you may not change
your enrollment to self plus one as long
as the court or administrative order is
still in effect and you have more than
one child identified in the order who is
still eligible under the FEHB Program,
unless you provide documentation to
your agency that you have other
coverage for your children. See also
§§ 892.207 and 892.209.
Importation of Kiwi From Chile Into the
United States
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending the fruits
and vegetables regulations to list kiwi
SUMMARY:
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
55739
(Actinidia deliciosa and Actinidia
chinensis) from Chile as eligible for
importation into the United States
subject to a systems approach. Under
this systems approach, the fruit will
have to be grown in a place of
production that is registered with the
Government of Chile and certified as
having a low prevalence of Brevipalpus
chilensis. The fruit will have to undergo
pre-harvest sampling at the registered
production site. Following post-harvest
processing, the fruit will have to be
inspected in Chile at an approved
inspection site. Each consignment of
fruit will have to be accompanied by a
phytosanitary certificate with an
additional declaration stating that the
fruit had been found free of Brevipalpus
chilensis based on field and
packinghouse inspections. This rule
allows for the safe importation of kiwi
from Chile using mitigation measures
other than fumigation with methyl
bromide.
DATES: Effective October 19, 2015.
FOR FURTHER INFORMATION CONTACT: Ms.
Claudia Ferguson, Senior Regulatory
Policy Specialist, Regulatory
Coordination and Compliance, PPQ,
APHIS, 4700 River Road Unit 133,
Riverdale, MD 20737–1236; (301) 851–
2352.
SUPPLEMENTARY INFORMATION:
Background
Under the regulations in ‘‘SubpartFruits and Vegetables’’ (7 CFR 319.56–
1 through 319.56–73, referred to below
as the regulations), the Animal and
Plant Health Inspection Service (APHIS)
of the U.S. Department of Agriculture
prohibits or restricts the importation of
fruits and vegetables into the United
States from certain parts of the world to
prevent plant pests from being
introduced into and spread within the
United States.
On October 16, 2014, we published in
the Federal Register (79 FR 62055–
62058, Docket No. APHIS–2014–0002) a
proposal 1 to amend the regulations by
listing kiwi (Actinidia deliciosa and
Actinidia chinensis) from Chile as
eligible for importation into the United
States under the same systems approach
as baby kiwi from Chile, which are
eligible for importation under the
conditions in § 319.56–53. We also
prepared a commodity import
evaluation document (CIED) titled
‘‘Importation of Fresh Fruits of Kiwi
(Actinidia deliciosa and Actinidia
chinensis) from Chile into the United
1 To view the proposed rule, supporting
documents, and the comments we received, go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2014-0002.
E:\FR\FM\17SER1.SGM
17SER1
55740
Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations
States.’’ The CIED assesses the risks
associated with the importation of kiwi
from Chile into the United States under
the listed phytosanitary measures.
We solicited comments concerning
our proposal for 60 days ending
December 15, 2014. We received seven
comments by that date. They were from
private citizens, a fruit exporter, an
industry group, and representatives of
State and foreign governments. Four of
the comments were supportive. Three
commenters expressed concerns
regarding aspects of the proposed rule.
Those concerns are discussed below.
In the proposed rule, we proposed
that a random sample of kiwi would
have to be washed using a flushing
method, placed in a 20-mesh sieve on
top of a 200-mesh sieve, sprinkled with
a liquid soap and water solution,
washed with water at high pressure, and
washed with water at low pressure. The
washing process would then have to be
repeated immediately after the first
washing. The contents of the 200-mesh
sieve would then be placed on a petri
dish and analyzed for the presence of
live Brevipalpus chilensis mites. This
mite sampling method is identical to the
method currently in use for baby kiwi
production areas in Chile and has been
found to be successful in identifying
production areas within Chile with high
and low populations of mites.
One commenter stated that the
washing process should be expanded to
include all fruit in a shipment.
The washing process is used as a way
to sample for the presence of B.
chilensis in order to confirm the low
prevalence of B. chilensis in certified
production areas within Chile. It is not
intended as a phytosanitary measure.
Two commenters recommended that
270 mesh be used in place of 200 mesh
for sampling at the port of entry because
they stated that 200 mesh may not be
fine enough to detect immature stages of
B. chilensis.
Fruit has been imported from Chile
since 1997 using a systems approach
based on sampling for mites using a 200
mesh screen. Any eggs or nymphs found
using a finer mesh sieve cannot be
identified to species. This systems
approach is based on low prevalence for
adult mites, not pest freedom. If even
one adult B. chilensis mite is found in
a shipment, it is enough to disqualify a
place of production from the export
program. APHIS has successfully used
this approach for 18 years for
determining areas of low prevalence for
a number of Chilean fruits.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, without change.
Executive Order 12866 and Regulatory
Flexibility Act
This final 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. Production,
consumption, and trade of kiwi by the
United States have been expanding and
are expected to continue to increase, as
shown in table 1. Over the 5 years from
2008 through 2012, U.S. kiwi
production and imports expanded by
about 29 percent and 24 percent,
respectively, and U.S. exports by 48
percent. U.S. consumption of kiwi grew
by about 23 percent over this same
period.
The United States is dependent on
imports for the major share of its kiwi
supply. In 2012, nearly four of every
five kiwis consumed were imported.
Chile is the principal foreign source,
supplying one-half of the kiwis
imported by the United States in 2012,
up from approximately one-third of U.S.
kiwi imports in 2008. Chile is expected
to continue to dominate the supply of
kiwi to the United States in the near
term. Under this rule, Chile’s kiwi
exporters will have the option of using
the systems approach rather than
relying on fumigation with methyl
bromide to meet import requirements.
Although the United States is a net
importer of kiwi, the percentage
increase in U.S. kiwi exports between
2008 and 2012 was twice the percentage
increase in U.S. kiwi imports; U.S.
producers are actively expanding their
sales to other countries. We also note
that kiwi imports from Chile are largely
counter-seasonal to kiwi sales by
domestic producers. California produces
98 percent the kiwis grown in the
United States, and the California season
runs October through May.2 Kiwi from
Chile is predominantly imported during
the spring and summer months. Ninetyfour percent of Chilean kiwi imported in
2012 arrived between April and
September.3
TABLE 1—U.S. KIWI PRODUCTION, IMPORTS, EXPORTS, AND CONSUMPTION, AND KIWI IMPORTS FROM CHILE, 2008 AND
2012, METRIC TONS
2012 1
2008
U.S. Production ............................................................................................................................
U.S. Imports .................................................................................................................................
U.S. Exports .................................................................................................................................
U.S. Consumption 2 .....................................................................................................................
U.S. Imports from Chile ...............................................................................................................
Chile’s Share of Imports ..............................................................................................................
Imports from Chile as a Percentage of U.S. Consumption .........................................................
20,865
50,322
6,883
64,304
17,248
34.3%
26.8%
26,853
62,372
10,204
79,021
31,668
50.8%
40.1%
Percentage
increase over
5 years
28.7
23.9
48.2
22.9
83.6
........................
........................
tkelley on DSK3SPTVN1PROD with RULES
Sources: For U.S. production, the U.N. Food and Agriculture Organization; for U.S. imports and exports, the U.S. Census Bureau, as reported
by Global Trade Information Services, Inc.
1 U.S. kiwi production data for 2012 are the most recently reported.
2 U.S. consumption calculated as production plus imports minus exports.
Although kiwi production in the
United States is expanding, it remains a
relatively small agricultural industry,
with fewer than 300 growers whose
farms average about 13 acres.
Nevertheless, it is a vibrant industry
with an expanding export market. This
fact, together with the counter-
2 California Kiwifruit Commission, https://
www.kiwifruit.org/about/availability.aspx.
3 Based on U.S. Census data, as reported by
Global Trade Information Services, Inc.
VerDate Sep<11>2014
16:04 Sep 16, 2015
Jkt 235001
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
seasonality of kiwi imports from Chile,
suggests that the economic impact of the
rule for U.S. small entities will be
minor.
E:\FR\FM\17SER1.SGM
17SER1
Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations
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 kiwi to be
imported into the United States from
Chile. State and local laws and
regulations regarding kiwi 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-bycase 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.
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 in 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
part 319 as follows:
PART 319—FOREIGN QUARANTINE
NOTICES
1. 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.
2. Section 319.56–53 is amended as
follows:
■ a. By revising the section heading;
■ b. By revising the introductory
paragraph;
■ c. By redesignating paragraphs (a), (b),
(c), (d), and (e) as paragraphs (b), (c), (d),
(e), and (f), respectively, and adding a
new paragraph (a);
■ d. By revising the first and second
sentences after the heading of newly
designated paragraph (b);
■ e. By revising the third sentence after
the heading of newly designated
paragraph (e), introductory text; and
■ f. By revising newly designated
paragraph (f).
tkelley on DSK3SPTVN1PROD with RULES
■
VerDate Sep<11>2014
16:04 Sep 16, 2015
Jkt 235001
The revisions and addition read as
follows:
§ 319.56–53
Chile.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Fresh kiwi and baby kiwi from
14 CFR Part 71
Fresh kiwi (Actinidia deliciosa and
Actinidia chinensis) may be imported
into the United States from Chile, and
fresh baby kiwi (Actinidia arguta) may
be imported into the continental United
States from Chile under the following
conditions:
(a) The national plant protection
organization (NPPO) of Chile must
provide a workplan to APHIS that
details the activities that the NPPO of
Chile will, subject to APHIS’ approval of
the workplan, carry out to meet the
requirements of this section.
(b) * * * The production site where
the fruit is grown must be registered
with the NPPO of Chile. Harvested kiwi
and baby kiwi must be placed in field
cartons or containers that are marked to
show the official registration number of
the production site. * * *
*
*
*
*
*
(e) * * * Kiwi in any consignment
may be shipped to the United States,
and baby kiwi in any consignment may
be shipped to the continental United
States, under the conditions of this
section only if the consignment passes
inspection as follows:
*
*
*
*
*
(f) Phytosanitary certificate. Each
consignment of fresh kiwi and fresh
baby kiwi must be accompanied by a
phytosanitary certificate issued by the
NPPO of Chile that contains an
additional declaration stating that the
fruit in the consignment was inspected
and found free of Brevipalpus chilensis
and was grown, packed, and shipped in
accordance with the requirements of 7
CFR 319.56–53.
*
*
*
*
*
Done in Washington, DC, this 11th day of
September 2015.
Michael C. Gregoire,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2015–23383 Filed 9–16–15; 8:45 am]
BILLING CODE 3410–34–P
PO 00000
55741
[Docket No. FAA–2015–1623; Airspace
Docket No. 15–AWP–10]
Amendment of Class E Airspace;
Tracy, CA
Federal Aviation
Administration (FAA), DOT.
AGENCY:
ACTION:
Final rule, correction.
This action corrects an error
in a final rule published in the Federal
Register of August 31, 2015, by
amending the geographic coordinates of
Tracy Municipal Airport, Tracy, CA, in
Class E airspace. This does not affect the
boundaries or operating requirements of
the airspace.
SUMMARY:
Effective 0901 UTC, October 15,
2015. The Director of the Federal
Register approves this incorporation by
reference action under title 1, Code of
Federal Regulations, part 51, subject to
the annual revision of FAA Order
7400.9 and publication of conforming
amendments.
DATES:
FOR FURTHER INFORMATION CONTACT:
Steve Haga, Federal Aviation
Administration, Operations Support
Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA, 98057;
Telephone: (425) 203–4563.
SUPPLEMENTARY INFORMATION:
History
The FAA published a final rule, in the
Federal Register, amending Class E
airspace extending upward from 700
feet above the surface at Tracy
Municipal Airport, Tracy, CA (80 FR
52392 August 31, 2015). Subsequent to
publication the FAA identified an error
in the longitudinal coordinate of the
airport reference point for Tracy
Municipal Airport. This action corrects
the error.
Correction to Final Rule
Accordingly, pursuant to the
authority delegated to me, in the
Federal Register of August 31, 2015 (80
FR 52392) FR Doc. 2015–21414, the
longitude coordinate in the regulatory
text on page 52393, column 2, line 10,
is corrected as follows:
§ 71.1
[Amended]
AWP CA E5
Tracy, CA (Corrected)
Remove ‘‘long. 121°26′31″ W.’’ and
add in its place ‘‘long. 121°26′30″ W.’’
■
Frm 00021
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]]>Agencies
[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Rules and Regulations]
[Pages 55739-55741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23383]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2014-0002]
RIN 0579-AD98
Importation of Kiwi From Chile Into the United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the fruits and vegetables regulations to list
kiwi (Actinidia deliciosa and Actinidia chinensis) from Chile as
eligible for importation into the United States subject to a systems
approach. Under this systems approach, the fruit will have to be grown
in a place of production that is registered with the Government of
Chile and certified as having a low prevalence of Brevipalpus
chilensis. The fruit will have to undergo pre-harvest sampling at the
registered production site. Following post-harvest processing, the
fruit will have to be inspected in Chile at an approved inspection
site. Each consignment of fruit will have to be accompanied by a
phytosanitary certificate with an additional declaration stating that
the fruit had been found free of Brevipalpus chilensis based on field
and packinghouse inspections. This rule allows for the safe importation
of kiwi from Chile using mitigation measures other than fumigation with
methyl bromide.
DATES: Effective October 19, 2015.
FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Senior
Regulatory Policy Specialist, Regulatory Coordination and Compliance,
PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; (301)
851-2352.
SUPPLEMENTARY INFORMATION:
Background
Under the regulations in ``Subpart-Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-73, referred to below as the regulations), the
Animal and Plant Health Inspection Service (APHIS) of the U.S.
Department of Agriculture prohibits or restricts the importation of
fruits and vegetables into the United States from certain parts of the
world to prevent plant pests from being introduced into and spread
within the United States.
On October 16, 2014, we published in the Federal Register (79 FR
62055-62058, Docket No. APHIS-2014-0002) a proposal \1\ to amend the
regulations by listing kiwi (Actinidia deliciosa and Actinidia
chinensis) from Chile as eligible for importation into the United
States under the same systems approach as baby kiwi from Chile, which
are eligible for importation under the conditions in Sec. 319.56-53.
We also prepared a commodity import evaluation document (CIED) titled
``Importation of Fresh Fruits of Kiwi (Actinidia deliciosa and
Actinidia chinensis) from Chile into the United
[[Page 55740]]
States.'' The CIED assesses the risks associated with the importation
of kiwi from Chile into the United States under the listed
phytosanitary measures.
---------------------------------------------------------------------------
\1\ To view the proposed rule, supporting documents, and the
comments we received, go to https://www.regulations.gov/#!docketDetail;D=APHIS-2014-0002.
---------------------------------------------------------------------------
We solicited comments concerning our proposal for 60 days ending
December 15, 2014. We received seven comments by that date. They were
from private citizens, a fruit exporter, an industry group, and
representatives of State and foreign governments. Four of the comments
were supportive. Three commenters expressed concerns regarding aspects
of the proposed rule. Those concerns are discussed below.
In the proposed rule, we proposed that a random sample of kiwi
would have to be washed using a flushing method, placed in a 20-mesh
sieve on top of a 200-mesh sieve, sprinkled with a liquid soap and
water solution, washed with water at high pressure, and washed with
water at low pressure. The washing process would then have to be
repeated immediately after the first washing. The contents of the 200-
mesh sieve would then be placed on a petri dish and analyzed for the
presence of live Brevipalpus chilensis mites. This mite sampling method
is identical to the method currently in use for baby kiwi production
areas in Chile and has been found to be successful in identifying
production areas within Chile with high and low populations of mites.
One commenter stated that the washing process should be expanded to
include all fruit in a shipment.
The washing process is used as a way to sample for the presence of
B. chilensis in order to confirm the low prevalence of B. chilensis in
certified production areas within Chile. It is not intended as a
phytosanitary measure.
Two commenters recommended that 270 mesh be used in place of 200
mesh for sampling at the port of entry because they stated that 200
mesh may not be fine enough to detect immature stages of B. chilensis.
Fruit has been imported from Chile since 1997 using a systems
approach based on sampling for mites using a 200 mesh screen. Any eggs
or nymphs found using a finer mesh sieve cannot be identified to
species. This systems approach is based on low prevalence for adult
mites, not pest freedom. If even one adult B. chilensis mite is found
in a shipment, it is enough to disqualify a place of production from
the export program. APHIS has successfully used this approach for 18
years for determining areas of low prevalence for a number of Chilean
fruits.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, without
change.
Executive Order 12866 and Regulatory Flexibility Act
This final 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.
Production, consumption, and trade of kiwi by the United States have
been expanding and are expected to continue to increase, as shown in
table 1. Over the 5 years from 2008 through 2012, U.S. kiwi production
and imports expanded by about 29 percent and 24 percent, respectively,
and U.S. exports by 48 percent. U.S. consumption of kiwi grew by about
23 percent over this same period.
The United States is dependent on imports for the major share of
its kiwi supply. In 2012, nearly four of every five kiwis consumed were
imported. Chile is the principal foreign source, supplying one-half of
the kiwis imported by the United States in 2012, up from approximately
one-third of U.S. kiwi imports in 2008. Chile is expected to continue
to dominate the supply of kiwi to the United States in the near term.
Under this rule, Chile's kiwi exporters will have the option of using
the systems approach rather than relying on fumigation with methyl
bromide to meet import requirements.
Although the United States is a net importer of kiwi, the
percentage increase in U.S. kiwi exports between 2008 and 2012 was
twice the percentage increase in U.S. kiwi imports; U.S. producers are
actively expanding their sales to other countries. We also note that
kiwi imports from Chile are largely counter-seasonal to kiwi sales by
domestic producers. California produces 98 percent the kiwis grown in
the United States, and the California season runs October through
May.\2\ Kiwi from Chile is predominantly imported during the spring and
summer months. Ninety-four percent of Chilean kiwi imported in 2012
arrived between April and September.\3\
---------------------------------------------------------------------------
\2\ California Kiwifruit Commission, https://www.kiwifruit.org/about/availability.aspx.
\3\ Based on U.S. Census data, as reported by Global Trade
Information Services, Inc.
Table 1--U.S. Kiwi Production, Imports, Exports, and Consumption, and Kiwi Imports From Chile, 2008 and 2012,
Metric Tons
----------------------------------------------------------------------------------------------------------------
Percentage
2008 2012 \1\ increase over
5 years
----------------------------------------------------------------------------------------------------------------
U.S. Production................................................. 20,865 26,853 28.7
U.S. Imports.................................................... 50,322 62,372 23.9
U.S. Exports.................................................... 6,883 10,204 48.2
U.S. Consumption \2\............................................ 64,304 79,021 22.9
U.S. Imports from Chile......................................... 17,248 31,668 83.6
Chile's Share of Imports........................................ 34.3% 50.8% ..............
Imports from Chile as a Percentage of U.S. Consumption.......... 26.8% 40.1% ..............
----------------------------------------------------------------------------------------------------------------
Sources: For U.S. production, the U.N. Food and Agriculture Organization; for U.S. imports and exports, the U.S.
Census Bureau, as reported by Global Trade Information Services, Inc.
\1\ U.S. kiwi production data for 2012 are the most recently reported.
\2\ U.S. consumption calculated as production plus imports minus exports.
Although kiwi production in the United States is expanding, it
remains a relatively small agricultural industry, with fewer than 300
growers whose farms average about 13 acres. Nevertheless, it is a
vibrant industry with an expanding export market. This fact, together
with the counter-seasonality of kiwi imports from Chile, suggests that
the economic impact of the rule for U.S. small entities will be minor.
[[Page 55741]]
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 kiwi to be imported into the United States
from Chile. State and local laws and regulations regarding kiwi
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.
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 in 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 part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
1. 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
2. Section 319.56-53 is amended as follows:
0
a. By revising the section heading;
0
b. By revising the introductory paragraph;
0
c. By redesignating paragraphs (a), (b), (c), (d), and (e) as
paragraphs (b), (c), (d), (e), and (f), respectively, and adding a new
paragraph (a);
0
d. By revising the first and second sentences after the heading of
newly designated paragraph (b);
0
e. By revising the third sentence after the heading of newly designated
paragraph (e), introductory text; and
0
f. By revising newly designated paragraph (f).
The revisions and addition read as follows:
Sec. 319.56-53 Fresh kiwi and baby kiwi from Chile.
Fresh kiwi (Actinidia deliciosa and Actinidia chinensis) may be
imported into the United States from Chile, and fresh baby kiwi
(Actinidia arguta) may be imported into the continental United States
from Chile under the following conditions:
(a) The national plant protection organization (NPPO) of Chile must
provide a workplan to APHIS that details the activities that the NPPO
of Chile will, subject to APHIS' approval of the workplan, carry out to
meet the requirements of this section.
(b) * * * The production site where the fruit is grown must be
registered with the NPPO of Chile. Harvested kiwi and baby kiwi must be
placed in field cartons or containers that are marked to show the
official registration number of the production site. * * *
* * * * *
(e) * * * Kiwi in any consignment may be shipped to the United
States, and baby kiwi in any consignment may be shipped to the
continental United States, under the conditions of this section only if
the consignment passes inspection as follows:
* * * * *
(f) Phytosanitary certificate. Each consignment of fresh kiwi and
fresh baby kiwi must be accompanied by a phytosanitary certificate
issued by the NPPO of Chile that contains an additional declaration
stating that the fruit in the consignment was inspected and found free
of Brevipalpus chilensis and was grown, packed, and shipped in
accordance with the requirements of 7 CFR 319.56-53.
* * * * *
Done in Washington, DC, this 11th day of September 2015.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-23383 Filed 9-16-15; 8:45 am]
BILLING CODE 3410-34-P
