This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

50732 

Vol. 73, No. 168 

Thursday, August 28, 2008 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Parts 305 and 319 

[Docket No. APHIS–2007–0115] 

RIN 0579–AC83 

Importation of Sweet Oranges and 

Grapefruit From Chile 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the fruits and vegetables regulations to 

allow the importation, under certain 

conditions, of sweet oranges and 

grapefruit from Chile into the 

continental United States. Based on the 

evidence in a recent pest risk analysis, 

we believe these articles can be safely 

imported from all provinces of Chile, 

provided certain conditions are met. 

This action would provide for the 

importation of sweet oranges and 

grapefruit from Chile into the 

continental United States while 

continuing to protect the United States 

against the introduction of plant pests. 

DATES: We will consider all comments 

that we receive on or before October 27, 

2008. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS– 

2007–0115 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• Postal Mail/Commercial Delivery: 

Please send two copies of your comment 

to Docket No. APHIS–2007–0115, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2007–0115. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue, SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alex Belano, Import Specialist, 

Commodity Import Analysis and 

Operation Staff, PPQ, APHIS, 4700 

River Road, Unit 133, Riverdale, MD 

20737–1231; (301) 734–5333. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart–Fruits 

and Vegetables’’ (7 CFR 319.56–1 

through 319.56–47, referred to below as 

the regulations), prohibit or restrict the 

importation of fruits and vegetables into 

the United States from certain parts of 

the world to prevent the introduction 

and dissemination of plant pests. The 

Government of the Republic of Chile has 

requested that the Animal and Plant 

Health Inspection Service (APHIS) 

amend the regulations to allow the 

importation into United States of sweet 

oranges and grapefruit from Chile under 

certain conditions. Those conditions 

would be the same as those which 

currently apply to clementines, 

mandarins, and tangerines from Chile 

and can be found in § 319.56–38 of the 

regulations. 

In 2006, APHIS received a request 

from the Government of Chile to allow 

the importation of sweet oranges (Citrus 

sinensis (L.) Osbeck) and grapefruit 

(Citrus paradisi Macfad.) from Chile 

into the United States. In response to 

this request, we prepared a pest risk 

assessment to evaluate the pest risks 

associated with the importation of those 

two varieties of citrus from Chile into 

the continental United States. As noted 

in that document, we identified two 

quarantine pests, Ceratatis capitata, a 

fruit fly more commonly known as the 

Mediterranean fruit fly (Medfly), and 

Brevipalpus chilensis (Chilean false red 

mite), that could follow the pathway of 

commercial shipments of fresh sweet 

oranges and grapefruit. In addition to 

the pest risk assessment, we prepared a 

risk management document in which 

we identified several mitigations that 

could be used to address the risks posed 

by the two pests of concern. Those 

measures include cold treatment, 

methyl bromide fumigation, and an 

existing systems approach for other 

citrus varieties from Chile. Copies of the 

pest risk assessment and risk 

management document may be obtained 

from the person listed under FOR

FURTHER INFORMATION CONTACT or 

viewed on the Regulations.gov Web site 

(see ADDRESSES above for instructions 

for accessing Regulations.gov). 

Based on the conclusions in the pest 

risk assessment and the accompanying 

risk management document, we have 

determined that sweet oranges and 

grapefruit can be safely imported from 

all provinces of Chile, provided certain 

conditions are met. As stated previously 

in this document, those conditions 

would be the same as those which 

currently apply to clementines, 

mandarins, and tangerines from Chile, 

which have proven effective at 

eliminating pests associated with those 

commodities since 2004. Therefore, we 

are proposing to add sweet oranges and 

grapefruit to the list of fruit that can be 

imported under § 319.56–38. The details 

of those requirements are discussed in 

the paragraphs below. 

Permit 

We would require that a specific 

written permit be issued in accordance 

with § 319.56–3 to import sweet oranges 

and grapefruit from Chile. Importers 

would be required to apply to APHIS’ 

Plant Protection and Quarantine (PPQ) 

program for a permit in advance of the 

proposed shipments, stating in the 

application the country or locality of 

origin of the fruits, the port of first 

arrival, the name and address of the 

importer in the United States, and the 

identity and quantity of the fruit. If 

APHIS approves the permit application, 

a permit would be issued specifying the 

conditions applicable to the importation 

of the fruit. In accordance with 

§ 319.56–3, a permit, once issued, could 

be amended or withdrawn by the 

Administrator at any time if it is 

determined that the importation of the 

fruit presents a risk. 


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Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Proposed Rules 50733 

1See table 1 of the risk management document. 

Cold Treatment 

One of the two pests of concern 

identified in the pest risk assessment 

document is Medfly. To address the risk 

presented by this pest, we are proposing 

to require sweet oranges and grapefruit 

undergo cold treatment if the fruit is 

grown in areas of Chile where Medfly is 

known to occur, which include the 

province of Arica. Consignments of 

sweet oranges and grapefruit from these 

areas would require cold treatment in 

accordance with our phytosanitary 

treatments regulations in 7 CFR part 305 

and would also have to be accompanied 

by documentation indicating that the 

cold treatment was initiated in Chile. 

Importation Options 

The second pest of concern identified 

in the pest risk analysis, B. chilensis, is 

a mite that is not easily detected 

through visual inspection. To address 

the risk presented by this pest, we 

would require the use of one of two 

options, either the application of a 

systems approach or the use of 

fumigation. The systems approach 

would allow for the importation of the 

fruit without fumigation, which, in 

some instances, may be a more 

expensive option. These options are 

discussed in detail in the following 

paragraphs. 

Systems Approach 

The first option being proposed by 

APHIS under which sweet oranges and 

grapefruit could be imported into the 

United States from Chile is preclearance 

of the commodities using a systems 

approach to ensure phytosanitary 

security. Under a systems approach, 

APHIS defines a set of phytosanitary 

procedures, at least two of which have 

an independent effect in mitigating pest 

risk associated with the movement of 

commodities, whereby fruits and 

vegetables may be imported into the 

United States from countries that are not 

free of certain plant pests. The systems 

approach in this case would consist of 

a series of complementary phytosanitary 

measures that include: Low prevalence 

production site certification, postharvest processing, and phytosanitary 

inspection. Each of these measures is 

explained in detail in the following 

paragraphs. Once the fruit have passed 

through this series of pest mitigation 

measures, inspectors of the national 

plant protection organization (NPPO) of 

Chile would issue a phytosanitary 

certificate stating that the fruit has been 

inspected and found free of any 

evidence of plant pests. A phytosanitary 

certificate would have to accompany 

each consignment of sweet oranges or 

grapefruit offered for importation into 

the United States from Chile. 

Low Prevalence Production Site 

Certification 

The pest risk management document 

outlines a series of phytosanitary 

measures whose implementation would 

mitigate the potential risk of introducing 

quarantine pests into the United States 

through the importation of sweet 

oranges and grapefruit from Chile. In 

order to be eligible to participate in the 

systems approach, each production site 

would be required to implement the 

mitigation measures discussed in the 

pest risk management document. The 

first of these measures, low prevalence 

production site certification, would 

require each production site to register 

annually with the NPPO of Chile with 

information including: (1) Production 

site name, (2) grower, (3) municipality, 

(4) province, (5) region, (6) area planted 

to each species, (7) number of plants/ 

hectares/species, and (8) approximate 

date of harvest. This information would 

be used to monitor the phytosanitary 

health of the production site and to 

track the origin of consignments. These 

production sites would then participate 

in a program of certification of low 

prevalence, which would be carried out 

by the NPPO of Chile. A random sample 

of fruit would be collected from each 

registered production site 1 to 30 days 

prior to harvest. The fruit from each 

sample would undergo a washing 

process that allows for the detection of 

mites. This same process has proven to 

be effective in the detection of B. 

chilensis in clementines, mandarins, 

and tangerines from Chile since 2004.1

The washing process involves placing 

the fruit and pedicels in sieves, 

sprinkling them with a liquid soap and 

water solution, washing them with 

water at high pressure, washing them 

with water at low pressure, and then 

repeating the process. Once the fruit has 

been washed thoroughly, all contents of 

the sieves, which collect everything that 

is washed off of the fruit, are put on a 

Petri dish and analyzed for the presence 

of mites. 

Only production sites certified by the 

NPPO of Chile as low prevalence would 

be eligible to export under this systems 

approach. Under this systems approach, 

a random sample of fruit would be taken 

from each production site. In order to 

qualify as a low prevalence production 

site, a production site would be required 

to have no mites detected in the fruit 

sampled. Each production site would 

have only one opportunity per harvest 

season to qualify for the certification 

program since the verification process 

would occur before the beginning of 

each harvest season. Certification of low 

prevalence would be valid for one 

harvest season only. The same 

certification of low prevalence program 

is currently in use for clementines, 

mandarins, and tangerines imported 

into the United States from Chile. 

Post-Harvest Processing 

Once the production site has been 

certified as a low prevalence production 

site, the fruit would be picked and 

would then undergo post-harvest 

commercial processing. In the normal 

fruit packing process already in place in 

Chile for other commodities, fruit 

undergoes the following steps: (1) 

Washing, (2) rinsing in a chlorine bath 

with brushing using bristle rollers, (3) 

rinsing with a hot water shower with 

brushing using bristle rollers, (4) predrying at room temperature, (5) waxing, 

and (6) drying with hot air. 

Phytosanitary Inspection 

As the final stage in the systems 

approach, once the fruit has been 

processed, each consignment, which 

would consist of one or more lots, of 

fruit intended for export to the United 

States would be subject to a 

phytosanitary inspection to verify the 

absence of B. chilensis and any visibly 

detectable pests. Phytosanitary 

inspection would be conducted at an 

APHIS-approved inspection site in 

Chile under the direction of APHIS in 

conjunction with the NPPO of Chile. 

Sweet oranges and grapefruit 

presented for preclearance inspection in 

Chile would be required to be identified 

in shipping documents accompanying 

each lot of fruit that identify the packing 

shed where they were processed and the 

production sites where they were 

produced; we would require that this 

identity be maintained until the sweet 

oranges or grapefruit were released for 

entry into the United States. 

A biometric sample of the boxes 

would be selected and the fruit from 

these boxes would be visually inspected 

for quarantine pests. A portion of the 

fruit would be washed and the collected 

filtrate would be microscopically 

examined for B. chilensis. 

If one live B. chilensis s mite were 

found during phytosanitary inspection, 

the entire consignment would have to 

be fumigated with methyl bromide in 

order for the fruit to be eligible for 

export to the United States. In addition, 

the production site of origin would be 

suspended from the low prevalence 

certification program for the remainder 

of the harvest season. During the term 

of its suspension, the production site 


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50734 Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Proposed Rules 

could export fruit to the United States 

only if the fruit were fumigated with 

methyl bromide, as outlined in the 

following section. A suspended 

production site would have the 

opportunity to reenter the low 

prevalence certification program prior to 

the next harvest season. As noted 

previously, all production sites would 

have to requalify for the program each 

year, regardless of their status at the end 

of the preceding season. 

If, during preclearance inspection in 

Chile, inspectors were to find evidence 

of any other plant pest for which an 

authorized treatment in 7 CFR part 305 

is available, fruit in the consignment 

would remain eligible for export to the 

United States if the entire consignment 

were treated for the pest in Chile under 

APHIS supervision. However, if a 

quarantine pest were found for which 

no treatment authorized in 7 CFR part 

305 is available, the entire consignment 

would not be eligible for export to the 

United States. 

Chile’s NPPO would issue a 

phytosanitary certificate if no evidence 

of pests was found. The phytosanitary 

certificate would have to contain an 

additional declaration stating that the 

fruit in the consignment meets the 

conditions of § 319.56–38. Sweet 

oranges or grapefruit inspected in Chile 

would, like all imported fruits and 

vegetables, be subject to reinspection at 

the U.S. port of arrival as provided in 

§ 319.56–3 of the regulations. 

Fumigation 

Not all exporters may be able to 

utilize the systems approach as a means 

for access to the U.S. market. As an 

alternative mitigation measure, we are 

proposing to provide for the use of an 

approved APHIS treatment for B. 

chilensis for sweet oranges and 

grapefruit from Chile. 

The treatment would be fumigation 

with methyl bromide at normal 

atmospheric pressure in an APHISapproved fumigation chamber or under 

a tarpaulin in accordance with the 

following schedule, which is listed in 7 

CFR part 305 as T104-a-1 and T101-n2–1. These treatment schedules are 

approved for spider mites, which is the 

group encompassing B. chilensis. The 

required treatment period is 2 hours. 

Temperature (°F) 

Dosage— 

pounds of 

methyl 

bromide per 

1,000 ft 3

80 or above .......................... 11⁄2

70–79 (inclusive) .................. 2 

60–69 (inclusive) .................. 21⁄2

50–59 (inclusive) .................. 3 

APHIS inspectors would monitor the 

fumigation and prescribe such 

safeguards as might be necessary for 

unloading, handling, and transportation 

preparatory to fumigation. The final 

release of the commodities for entry into 

the United States would be conditioned 

upon compliance with prescribed 

safeguards and required treatment. 

Consignments of sweet oranges and 

grapefruit from Chile that had been 

fumigated would be subject to random 

inspection in Chile, as well as at the 

port of arrival in accordance with 

§ 319.56–3. 

Trust Fund Agreement 

We are proposing to require that 

sweet oranges and grapefruit from Chile 

may be imported into the United States 

only if the NPPO of Chile or a private 

export group has entered into a trust 

fund agreement with APHIS in 

accordance with § 319.56–6. Requiring 

the payment of costs in advance is 

necessary to help defray the costs to 

APHIS of providing inspection and 

treatment monitoring services in Chile. 

Section 319.56–6 of the regulations 

sets forth provisions for establishing 

trust fund agreements to cover costs 

incurred by APHIS when APHIS 

personnel must be physically present in 

an exporting country or region to 

facilitate exports. Trust fund agreements 

require the NPPO of an exporting 

country or the private export group to 

pay in advance of each shipping season 

all costs that APHIS estimates it would 

incur in providing inspection services 

and treatment monitoring in the 

exporting country during each shipping 

season. These costs would include 

administrative expenses and all other 

salaries (including overtime and the 

Federal share of employee benefits), 

travel expenses (including per diem 

expenses), and other incidental 

expenses incurred by the inspectors in 

performing these services. The NPPO of 

an exporting country or the private 

export group is required to deposit a 

certified or cashier’s check with APHIS 

for the amount of these costs, as 

estimated by APHIS. If the deposit is not 

sufficient to meet all costs incurred by 

APHIS, the agreement requires the 

NPPO of the exporting country or the 

private export group to deposit a 

certified or cashier’s check with APHIS 

for the amount of the remaining costs, 

as determined by APHIS, before APHIS 

would provide any more services 

related to the inspection and treatment 

of the fruit or vegetable. After a final 

audit at the conclusion of each shipping 

season, any overpayment of funds is 

returned to the NPPO of the exporting 

country or held on account until 

needed, at their option. 

Miscellaneous Changes 

As noted previously, the current 

regulations in § 319.56–38 provide for 

the importation of clementines, 

mandarins, and tangerines from Chile 

into the United States. As defined in 

§ 319.56–2, the term United States 

includes the 50 States, the District of 

Columbia, and all U.S. territories and 

possessions. However, the pest risk 

assessment we prepared for the 

rulemaking that established the 

regulations in current § 319.56–38 was 

limited in scope to the continental 

United States and Hawaii. Therefore, to 

ensure that the regulations are 

consistent with the pest risk 

assessment’s scope, we would amend 

the introductory text of § 319.56–38 to 

specifically state that clementines, 

mandarins, and tangerines may be 

imported from Chile into the 

continental United States (including 

Alaska) and Hawaii only. 

The regulations in current § 319.56–

38 provide that if treatment is required, 

clementines, mandarins, and tangerines 

must be cold treated or fumigated with 

methyl bromide in accordance with part 

305. The table in § 305.2(h)(2)(i) 

identifies treatment schedules for fruits 

and vegetables from foreign localities for 

which there is an approved treatment. 

When we amended the fruits and 

vegetables regulations to provide for the 

importation of clementines, mandarins, 

and tangerines, we neglected to add an 

entry for those commodities to the table 

in § 305.2(h)(2)(i). To correct this error, 

we propose to amend the table in 

§ 305.2(h)(2)(i) to include entries for 

clementines, mandarins, and tangerines 

from Chile and to specifically identify 

the cold treatment and methyl bromide 

fumigation treatment schedules that are 

approved for those commodities. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This proposed rule has been reviewed 

under Executive Order 12866. The rule 

has been determined to be not 

significant for the purposes of Executive 

Order 12866 and, therefore, has not 

been reviewed by the Office of 

Management and Budget. 

We are proposing to amend the fruits 

and vegetables regulations to allow the 

importation, under certain conditions, 

of sweet oranges and grapefruit from 

Chile into the continental United States. 

Sweet oranges and grapefruit would be 

imported under certain conditions that 

would address the risks associated with 

the Medfly and B. chilensis. 

Phytosanitary risks would be mitigated 


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Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Proposed Rules 50735 

2HS code 080510, fresh and dried oranges. 

3Food 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. 

4http://www.asoex.cl/. 

5Eighty-four percent of total exports were to 

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

6ERS, 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. 

using the same approach as is currently 

employed for the importation of 

clementines, mandarins, and tangerines 

from Chile, as set forth in 7 CFR 319.56–

38. Import requirements would include 

orchard control and registration, low 

prevalence orchard certification, harvest 

timing, post-harvest processing, 

phytosanitary inspections by both 

APHIS and the Chilean NPPO, and, if 

necessary, approved cold treatment and/ 

or methyl bromide treatment in Chile or 

at the port of entry. 

The Regulatory Flexibility Act 

requires agencies to evaluate the 

potential effects of their proposed and 

final rules on small businesses, small 

organizations, and small governmental 

jurisdictions. Section 603 of the Act 

requires an agency to prepare and make 

available for public comment an initial 

regulatory flexibility analysis describing 

the expected impact of a proposed rule 

on small entities, unless the head of the 

agency certifies that the rule will not, if 

promulgated, have a significant 

economic impact on a substantial 

number of small entities. This analysis 

is in support of certification. 

Sweet Orange and Grapefruit 

Production 

The United States is a major producer 

of citrus fruits. Chile is not yet 

considered a major producer of citrus, 

especially when compared to its 

neighbors such as Brazil, Uruguay, and 

Argentina. The major world producers 

of fresh oranges are the United States, 

Brazil, Mexico, India, and China, while 

the major exporting countries include 

Spain, the United States, South Africa, 

the Netherlands, and Greece.2

Commercial production of sweet 

oranges and grapefruit in the 

continental United States is limited to 

Arizona, California, Florida, Louisiana, 

and Texas. Most of the production is 

located within Florida and California. 

California is the leading producer of 

oranges for the fresh market, major 

varieties of which include Valencia and 

navel. While Florida produces a larger 

total quantity of oranges, only 5 percent 

of the State’s orange crop is consumed 

as fresh fruit. Florida supplies the 

highest amount of fresh grapefruit, and 

45 percent of the U.S. grapefruit crop is 

utilized as fresh fruit. 

TABLE 1—PRODUCTION IN UNITED STATES OF FRESH ORANGES AND GRAPEFRUIT

[in short tons] 

2003/04 2004/05 2005/06 2006/07 

Orange Grapefruit Orange Grapefruit Orange Grapefruit Orange Grapefruit 

Arizona ............................. 14,000 5,000 12,000 5,000 9,000 5,000 7,000 3,000 

California .......................... 1,669,000 171,000 1,845,000 181,000 1,650,000 178,000 986,000 117,000 

Florida .............................. 445,000 708,000 333,000 315,000 329,000 294,000 290,000 466,000 

Texas ............................... 50,000 137,000 52,000 125,000 54,000 128,000 63,000 138,000 

Total .......................... 2,178,000 1,021,000 2,242,000 626,000 2,042,000 603,000 1,346,000 724,000 

Source: Economic Research Service (ERS), U.S. Department of Agriculture (USDA). Fruit and Tree Nuts Situation and Outlook Yearbook, October 2007, combination of table C–21 Oranges: Utilization of production by State and table C–3 Grapefruit: Utilization of production by State. 

Note: Season begins in November for Arizona and California, and in October for Florida and Texas. Quantities for 2006/07 are totaled through 

October 2007 only. 

In 2006, Chile produced 156,000 short 

tons of fresh oranges on 8,000 hectares.3

The Asociacio ́n de Exportadores de 

Chile (ASOEX) states that there are no 

official figures for the production of 

grapefruit, as grapefruit is a relatively 

new species in Chile with a small 

growing area.4 APHIS estimates, based 

on the total Chilean citrus export 

volume, that approximately 5,000 short 

tons of grapefruit were produced in 

2006. 

Imports and Exports 

In 2006, more than 97 percent of U.S. 

orange imports came from the countries 

of South Africa, Australia, and Mexico, 

while 99 percent of grapefruit imports 

(including pomelos, fresh or dried) 

came from the Bahamas and Israel. 

Table 2 shows the value and quantity of 

fresh oranges and grapefruit imported 

into the United States from 2003–2006. 

TABLE 2—U.S. TOTAL IMPORTS OF FRESH ORANGES AND GRAPEFRUIT

Total value (in dollars) Quantity in short tons Value per short ton 

Oranges Grapefruit Oranges Grapefruit Oranges Grapefruit 

2003 ......................................................... $49,876,360 $1,851,185 59,955 22,828 $831.89 $81.09 

2004 ......................................................... 58,785,735 1,606,153 72,387 15,780 812.11 101.78 

2005 ......................................................... 68,502,310 1,403,260 76,122 15,816 899.90 88.73 

2006 ......................................................... 80,612,248 2,142,111 81,117 20,890 993.78 102.54 

Source: Global Trade Atlas (2005–2008). Originally reported in kilograms. 

The United States is a major exporter 

of fresh or dried oranges. In the 2005–

2006 season, the United States exported 

around 600,000 short tons of fresh 

oranges, while imports were around 

80,000 short tons.5 Regarding grapefruit, 

around 300,000 short tons were 

exported and only 20,000 short tons 

were imported.6 Clearly, the United 


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50736 Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Proposed Rules 

7 Global Trade Atlas (2005–2008). Originally 

reported in kilograms. 1 kg = 0.0011023 short tons. 

8USDA. 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. 

9USDA, ERS. Increased U.S. Imports of Fresh 

Fruit and Vegetables. Sophia Huang and Kuo 

Huang. Sept. 2007. 

10http://www.dneworld.com/FreshCitrus/ 

CitrusAvailability/tabid/157/Default.aspx. Chile 

data from Chilean Fresh Fruit. http:// 

www.chileanfreshfruit.com/citrus.shtml. 

11Also includes lemon, lime, mandarin, tangelo, 

and tangerine. 

States is a large net exporter of both 

sweet oranges and grapefruit. 

Chile’s current citrus exports are to 

Japan, Spain, the Netherlands, and 

Canada. In the past 6 years, orange 

exports have dramatically increased, 

from 3,600 short tons to over 28,000 

short tons, while grapefruit exports 

increased from 337 short tons to over 

4,300 short tons.7 Like the United States 

but on a smaller scale, Chile is a net 

exporter of sweet oranges and 

grapefruit. Its share of overseas citrus 

markets such as that of Japan continues 

to expand.8

Expected U.S Imports of Sweet Oranges 

and Grapefruit From Chile 

According to the NPPO of Chile, 

annual exports of sweet oranges and 

grapefruit to the United States from 

Chile would total around 110,000 boxes: 

93,500 boxes of oranges and 16,500 

boxes of grapefruit. The boxes are 17 

kilograms for sweet oranges and 15 

kilograms for grapefruit, yielding 

approximately 1752.1 short tons of 

oranges and 272.8 short tons of 

grapefruit, or about 2,000 short tons 

overall. This volume of imports from 

Chile would comprise a relatively 

minimal amount compared to total U.S. 

imports of about 100,000 short tons and 

domestic production of more than 2.6 

million short tons (table 3). The 

expected imports from Chile would be 

equivalent to 2 percent of U.S. imports 

of oranges and grapefruit in 2006 and 

less than 0.1 percent of U.S. production. 

TABLE 3—COMBINED QUANTITIES OF

U.S. FRESH ORANGES AND GRAPEFRUIT, DOMESTICALLY PRODUCED

AND IMPORTED, AND EXPECTED ANNUAL IMPORTS FROM CHILE

Volume in 

short tons 

Domestic production, 2006 ....... 2,645,000 

All imports, 2006 ....................... 102,006 

Expected annual imports from 

Chile ...................................... 2,025 

Seasonal Production and Marketing of 

Oranges and Grapefruit 

Another aspect to consider regarding 

potential impacts of the proposed rule is 

the seasonal difference between the 

citrus industries in the United States 

and Chile. U.S imports of fresh fruit and 

vegetables have increased substantially 

since the 1990s.9 Southern hemisphere 

countries are dominant suppliers for offseason fresh fruit. Availability of 

domestically produced oranges and 

grapefruit peaks between October and 

January, gradually decreases from 

February to June, and is lowest between 

July and September.10 In contrast, citrus 

production in the southern hemisphere 

is between May and November. Imports 

from the southern hemisphere 

complement the U.S. production cycle 

and help to maintain year-round 

availability of fresh citrus. Allowing 

importation of oranges and grapefruit 

from Chile would expand U.S. 

consumers’ access to fresh produce year 

round, while not directly competing 

with the production and shipment of 

domestically produced oranges and 

grapefruit intended for the fresh fruit 

market. 

Small Entity Impact 

Businesses most likely to be affected 

by this rule would be orange and 

grapefruit producers, for which the 

Small Business Administration (SBA) 

small-entity standard is annual sales of 

not more than $750,000. Production of 

fresh oranges is classified under North 

American Industry Classification 

System (NAICS) code 111310, and 

grapefruit production is classified 

within NAICS code 111320, citrus 

(except orange) groves.11 In 2002, NASS 

reported that 1,272 out of 17,727 citrus 

farmers earned more than $500,000, 

indicating that at least 93 percent of 

U.S. citrus farmers are small entities. 

For California the statistics are similar, 

with 91 percent of citrus farmers 

earning under $500,000. These data 

substantiate that the majority of U.S 

fresh citrus producers are small entities. 

Some importers of sweet oranges and 

grapefruit could be affected by the 

proposed rule as well, as it would allow 

for increased imports during the offpeak domestic citrus season. These 

industries and their small-entity size 

standards are: Fresh fruit and vegetable 

wholesalers (NAICS 424280, less than or 

equal to 100 employees), wholesalers 

and other grocery stores (NAICS 445110, 

less than or equal to $23 million in 

annual receipts), warehouse clubs and 

superstores (NAICS 452910, less than or 

equal to $23 million in annual receipts) 

and fruit and vegetable markets (NAICS 

445230, less than or equal to $6 million 

in annual receipts). Most entities that 

comprise these industries are small. 

Given the relatively small quantity of 

sweet oranges and grapefruit expected 

to be imported from Chile, the rule 

would not have a significant impact on 

these types of industries. 

U.S. exports of sweet oranges and 

grapefruit far exceed U.S. imports. The 

expected level of imports of oranges and 

grapefruit from Chile would be 

equivalent to 2 percent of all U.S. 

imports in 2006 and less than 0.1 

percent of U.S. production that year. 

Moreover, the imports from Chile would 

take place during the off-season for U.S. 

domestically produced citrus, and 

would therefore primarily compete with 

orange and grapefruit imports from 

other sources in the southern 

hemisphere. While U.S producers and 

importers of sweet oranges and 

grapefruit are predominantly small 

according to SBA guidelines, based on 

available information the proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. In addition, as stated 

previously, to ensure that the 

regulations are consistent with the pest 

risk assessment’s scope, we would 

amend the introductory text of § 319.56–

38 to specifically state that clementines, 

mandarins, and tangerines may be 

imported from Chile into the 

continental United States (including 

Alaska) and Hawaii only. We do not 

have information regarding the potential 

impact to small U.S. entities outside of 

the continental United States and 

Hawaii as a result of this proposed 

change. APHIS welcomes public 

comment on the proposed rule’s 

possible impacts. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action would not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12988 

This proposed rule would allow sweet 

oranges and grapefruit to be imported 

into the continental United States from 

Chile. If this proposed rule is adopted, 

State and local laws and regulations 

regarding sweet oranges and grapefruit 

imported under this rule would be 

preempted while the fruit is in foreign 

commerce. Fresh sweet oranges and 

grapefruit are generally imported for 

immediate distribution and sale to the 

consuming public and would remain in 

foreign commerce until sold to the 

ultimate consumer. The question of 

when foreign commerce ceases in other 

cases must be addressed on a case-byVerDate Aug<31>2005 16:24 Aug 27, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\28AUP1.SGM 28AUP1

pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Proposed Rules 50737 

case basis. If this proposed rule is 

adopted, no retroactive effect will be 

given to this rule, and this rule will not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

National Environmental Policy Act 

To provide the public with 

documentation of APHIS’ review and 

analysis of any potential environmental 

impacts associated with the importation 

of sweet oranges and grapefruit from 

Chile, we have prepared an 

environmental assessment. The 

environmental assessment was prepared 

in accordance with: (1) The National 

Environmental Policy Act of 1969 

(NEPA), as amended (42 U.S.C. 4321 et 

seq.), (2) regulations of the Council on 

Environmental Quality for 

implementing the procedural provisions 

of NEPA (40 CFR parts 1500–1508), (3) 

USDA regulations implementing NEPA 

(7 CFR part 1b), and (4) APHIS’ NEPA 

Implementing Procedures (7 CFR part 

372). 

The environmental assessment may 

be viewed on the Regulations.gov Web 

site or in our reading room. (A link to 

Regulations.gov and information on the 

location and hours of the reading room 

are provided under the heading 

ADDRESSES at the beginning of this 

proposed rule.) In addition, copies may 

be obtained by calling or writing to the 

individual listed under FOR FURTHER

INFORMATION CONTACT. 

Paperwork Reduction Act 

This proposed rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Lists of Subjects 

7 CFR Part 305 

Irradiation, Phytosanitary treatment, 

Plant diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

Accordingly, we propose to amend 7 

CFR parts 305 and 319 as follows: 

PART 305—PHYTOSANITARY 

TREATMENTS 

1. The authority citation for part 305 

continues to read as follows: 

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

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

2.80, and 371.3. 

2. In § 305.2, the table in paragraph 

(h)(2)(i) is amended by adding, in 

alphabetical order, entries under Chile 

(all provinces except provinces of 

Region 1 or Chanaral Township of 

Region 3) and Chile (all provinces of 

Region 1 or Chanaral Township of 

Region 3), for clementines, grapefruit, 

mandarins, oranges, and tangerines to 

read as set forth below. 

§ 305.2 Approved treatments. 

* * * * * 

(h) * * * 

(2) * * * 

(i) * * * 

Location Commodity Pest Treatment schedule 

* * * * * * * 

Chile (all provinces except provinces of Region 1 or 

Chanaral Township of Region 3). 

* * * * * * * 

Clementines ....................... Brevipalpus chilensis ......... MB T104–a–1 or MB 

T101–n–2–1. 

* * * * * * * 

Grapefruit ........................... Brevipalpus chilensis ......... MB T104–a–1 or MB 

T101–n–2–1. 

* * * * * * * 

Mandarins .......................... Brevipalpus chilensis ......... MB T104–a–1 or MB 

T101–n–2–1. 

Oranges ............................. Brevipalpus chilensis ......... MB T104–a–1 or MB 

T101–n–2–1. 

* * * * * * * 

Tangerines ......................... Brevipalpus chilensis ......... MB T104–a–1 or MB 

T101–n–2–1. 

* * * * * * * 

Chile (all provinces of Region 1 or Chanaral Township 

of Region 3). 

* * * * * * * 

Clementines ....................... Brevipalpus chilensis .........

Ceratitis capitata ................

MB T104–a–1 or 

MB T101–n–2–1. 

CT T107–a. 

* * * * * * * 

Grapefruit ........................... Brevipalpus chilensis .........

Ceratitis capitata ................

MB T104-a-1 or 

MB T101–n–2–1. 

CT T107–a. 

* * * * * * * 

Mandarins .......................... Brevipalpus chilensis .........

Ceratitis capitata ................

MB T104–a–1 or 

MB T101–n–2–1. 

CT T107–a. 


pwalker on PROD1PC71 with PROPOSALS
50738 Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Proposed Rules 

Location Commodity Pest Treatment schedule 

* * * * * * * 

Oranges ............................. Brevipalpus chilensis .........

Ceratitis capitata ................

MB T104–a–1 or 

MB T101–n–2–1. 

CT T107–a. 

* * * * * * * 

Tangerines ......................... Brevipalpus chilensis .........

Ceratitis capitata ................

MB T104–a–1 or 

MB T101–n–2–1. 

CT T107–a. 

* * * * * * * 

* * * * * 

PART 319—FOREIGN QUARANTINE 

NOTICES 

3. The authority citation for part 319 

continues to read as follows: 

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

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

2.22, 2.80, and 371.3. 

4. Section 319.56–38 is amended as 

follows: 

a. By revising the section heading and 

the introductory text to read as set forth 

below. 

b. In paragraph (e), by removing the 

words ‘‘Clementines, mandarins, or 

tangerines’’ and adding the words 

‘‘Clementines, grapefruit, mandarins, 

sweet oranges, or tangerines’’ in their 

place. 

c. In paragraph (f), by removing the 

words ‘‘Clementines, mandarins, or 

tangerines’’ and adding the words 

‘‘Clementines, grapefruit, mandarins, 

sweet oranges, and tangerines’’ in their 

place. 

§ 319.56–38 Citrus from Chile. 

Clementines (Citrus reticulata Blanco 

var. Clementine), mandarins (Citrus 

reticulata Blanco), and tangerines 

(Citrus reticulata Blanco) may be 

imported into the continental United 

States and Hawaii from Chile and 

grapefruit (Citrus paradisi Macfad.) and 

sweet oranges (Citrus sinensis (L.) 

Osbeck) may be imported into the 

continental United States from Chile in 

accordance with this section and all 

other applicable provisions of this 

subpart. 

* * * * * 

Done in Washington, DC, this 22nd day of 

August 2008. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E8–19871 Filed 8–27–08; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0838] 

RIN 1625–AA00 

Safety Zone: Christmas Holiday Boat 

Parade Fireworks Event, Appomattox 

River, Hopewell, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishing a safety zone on the 

Appomattox River in the vicinity of 

Hopewell, VA in support of the 

Christmas Holiday Boat Parade 

Fireworks Event. This action will 

protect the maritime public on the 

Appomattox River from the hazards 

associated with fireworks displays. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

September 29, 2008. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2008–0838 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590–

0001. 

(3) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

(4) Fax: 202–493–2251. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Lieutenant Tiffany Duffy, 

Chief, Waterways Management Division, 

Sector Hampton Roads at (757) 668–

5580. If you have questions on viewing 

or submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366–

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0838), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

You may submit your comments and 

material by electronic means, mail, fax, 

or delivery to the Docket Management 

Facility at the address under ADDRESSES; 

but please submit your comments and 

material by only one means. If you 

submit them by mail or delivery, submit 

them in an unbound format, no larger 

than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit them by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period. We may 

change this proposed rule in view of 

them. 


pwalker on PROD1PC71 with PROPOSALS