[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Rules and Regulations]
[Pages 15635-15640]
From the Federal Register Online via the Government Publishing 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 http://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 (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 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<SUP>-5</SUP>; 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. http://faostat.fao.org/site/567/default.aspx.
    \5\ http://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. http://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\ http://www.dneworld.com/FreshCitrus/CitrusAvailability/tabid/157/Default.aspx Chile data from Chilean Fresh Fruit. http://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 http://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