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

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Rules and Regulations Federal Register

15635 

Vol. 74, No. 65 

Tuesday, April 7, 2009 

1To view the proposed rule and the comments 

we received, go to http://www.regulations.gov/ 

fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2007-0115. 

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). 

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 

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 

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 (http:// 

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 

‘‘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 

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 

Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Rules and Regulations 15637 

2Harmonized System (HS) code 080510, fresh 

and dried oranges. 

3HS code 080540, fresh and dried grapefruit, 

including pomelos. 

4Food and Agriculture Organization (FAO) of the 

United Nations. FAOSTAT, FAO Statistics 

Production Division 2008, ProdStat, Crops. 

Originally reported as 142,000 metric tons. http:// 

faostat.fao.org/site/567/default.aspx. 

5http://www.asoex.cl/. 

6Eighty-three percent of total exports were to 

Canada, Japan, South Korea, Hong Kong, and China. 

7ERS, 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. 

8 Global Trade Atlas (2005–2008). Originally 

reported in kilograms. 1 kg = 0.0011023 short tons. 

9USDA. Foreign Agricultural Service. Situation 

and Outlook for Citrus. February 2006. pg. 6. 

http://www.fas.usda.gov/htp/Hort_Circular/2006/ 

02-06/02-20-06%20Citrus%20Feature.pdf. 

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. 

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 Asociacio ́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. 

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. 

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

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 

15638 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Rules and Regulations 

10USDA, ERS. Increased U.S. Imports of Fresh 

Fruit and Vegetables. Sophia Huang and Kuo 

Huang. Sept. 2007. 

11http://www.dneworld.com/FreshCitrus/ 

CitrusAvailability/tabid/157/Default.aspx Chile 

data from Chilean Fresh Fruit. http:// 

www.chileanfreshfruit.com/citrus.shtml. 

12Also includes lemon, lime, mandarin, tangelo, 

and tangerine. 

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 offseason fresh fruit. Availability of 

domestically produced oranges and 

grapefruit peaks between October and 

January, gradually decreases from 

February to June, and is lowest between 

July and September.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. 

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. 

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 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 

Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Rules and Regulations 15639 

12 Go to http://www.regulations.gov/fdmspublic/ 

component/main?main=DocketDetail&d=APHIS2007-0115. The environmental assessment and finding of no significant impact will appear in the resulting list of documents. 

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 

■ 1. The authority citation for part 305 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 

2.80, and 371.3. 

■ 2. In § 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. 

§ 305.2 Approved treatments. 

* * * * * 

(h) * * * 

(2) * * * 

(i) * * * 

Location Commodity Pest Treatment 

schedule 

* * * * * * * 

Chile (Areas determined to be free of fruit flies in accordance with § 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 § 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. 

15640 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Rules and Regulations 

Location Commodity Pest Treatment 

schedule 

* * * * * * * 

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 

■ 3. The authority citation for part 319 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

■ 4. Section 319.56–38 is amended as 

follows: 

■ a. By revising the section heading and 

the introductory text to read as set forth 

below. 

■ b. In paragraph (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. 

§ 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 

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 

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