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.

Rules and Regulations Federal Register

23609 

Vol. 74, No. 96 

Wednesday, May 20, 2009 

1To view the proposed rule and the comments 

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

fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2007-0161. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Parts 305 and 319 

[Docket No. APHIS–2007–0161] 

RIN 0579–AC89 

Importation of Longan From Taiwan 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

regulations to allow the importation of 

commercial shipments of fresh longan 

with stems from Taiwan into the United 

States. As a condition of entry, the 

longan will be subject to cold treatment 

and special port-of-arrival inspection 

procedures for certain quarantine pests. 

In addition, the fruit will have to be 

accompanied by a phytosanitary 

certificate stating that the fruit was 

inspected and found to be free of certain 

quarantine pests, and the individual 

cartons or boxes in which the longan are 

shipped will be stamped or printed with 

a statement prohibiting their 

importation into or distribution in the 

State of Florida. This action will allow 

for the importation of commercial 

shipments of fresh longan with stems 

from Taiwan into the United States 

while continuing to provide protection 

against the introduction of quarantine 

pests into the United States. 

DATES: Effective Date: June 19, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alex Belano, Branch Chief, Regulations, 

Permits, and Manuals; Risk 

Management and Plants for Planting 

Policy, PPQ, APHIS, 4700 River Road 

Unit 133, Riverdale, MD 20737–1231; 

(301) 734–8758. 

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 that are 

new to or not widely distributed within 

the United States. 

On November 7, 2008, we published 

in the Federal Register (73 FR 66200– 

66205, Docket No. APHIS–2007–0161) a 

proposal 1 to amend the regulations by 

allowing the importation of commercial 

shipments of fresh longan with stems 

from Taiwan into the United States. As 

a condition of entry, the longan would 

be subject to cold treatment and special 

port-of-arrival inspection procedures for 

certain quarantine pests. In addition, the 

fruit would have to be accompanied by 

a phytosanitary certificate stating that 

the fruit was inspected and found to be 

free of certain pests, and the individual 

cartons or boxes in which the longan are 

shipped would have to be stamped or 

printed with a statement prohibiting 

their importation into or distribution in 

the State of Florida. We proposed this 

action to allow for the importation of 

commercial shipments of fresh longan 

with stems from Taiwan into the United 

States while continuing to protect 

against the introduction of quarantine 

pests into the United States. 

We solicited comments concerning 

our proposal for 60 days ending January 

6, 2009. We received two comments by 

that date. They were from a research 

entomologist and from a private citizen. 

They are discussed below by topic. 

One commenter stated that longan is 

not a host for the litchi rust mite (Aceria 

litchi), and that the mite should be 

removed from the list of pests of longan 

in the pest risk assessment. The 

commenter provided a reference to a 

scientific article that supported this 

statement. The commenter further stated 

that because longan is not a host of the 

litchi rust mite, we should not include 

in the final rule the prohibition against 

their importation and distribution into 

Florida, which we proposed to protect 

that State’s commercial litchi and 

longan production from the litchi rust 

mite. 

We have reviewed the article the 

commenter cited as well as other peerreviewed scientific publications on the 

litchi rust mite and pests of longan. The 

majority of these materials indicate that 

longan may not be a major host of the 

litchi rust mite, but can be a minor host 

or a host under certain conditions. 

Furthermore, in its request to export 

longan to the United States, the 

Taiwanese Government included the 

mite in its list of pests associated with 

longan in Taiwan and reported it to 

have major economic significance. For 

these reasons, we continue to treat 

longan as a host for the litchi rust mite, 

and this final rule includes a 

prohibition against the importation or 

distribution of longan from Taiwan into 

Florida. 

One commenter stated that, because 

Hawaii is also a longan-producing State, 

longan imported from Taiwan should be 

subject to the same distribution 

restrictions for Hawaii as we proposed 

to establish for Florida. 

The importation or distribution of 

longan from Taiwan into Florida is 

prohibited to protect against the 

introduction of the litchi rust mite. This 

is consistent with other import 

programs in which shipments of litchis 

and longan from areas where litchi rust 

mite exists are prohibited from 

importation or distribution into Florida. 

However, the litchi rust mite is already 

established in Hawaii, so there is no 

additional plant health benefit to 

prohibiting the importation or 

distribution of longan from Taiwan into 

Hawaii. We are making no changes to 

the proposed rule in response to this 

comment. 

One commenter expressed concern 

that domestic growers could suffer 

economically as a result of competition 

with cheaper imported longan. 

Under the Plant Protection Act (7 

U.S.C. 7701 et seq.), we have the 

authority to prohibit or restrict the 

importation of plants and plant 

products only when necessary to 

prevent the introduction into or 

dissemination of plant pests or noxious 

weeds within the United States. We do 

not have the authority to restrict imports 

solely on the grounds of potential 

economic effects on domestic entities 

that could result from increased 

imports. We did, however, prepare an 

23610 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 

2University of Florida Institute of Food and 

Agricultural Sciences Extension. ‘‘Importation of 

Tropical Fruits from Thailand.’’ E. Evans and S. 

Nalampang. August 2008. http://edis.ifas.ufl.edu/ 

document_fe719. 

3 Ventura County Cooperative Extension. 

University of California, Agriculture and Natural 

Resources. ‘‘Longan’’. http://ceventura.ucdavis.edu/ 

Agriculture265/Longan.htm 2009. 

4Mark Gaskell, University of California 

cooperative extension advisor for San Luis Obispo 

and Santa Barbara counties, personal 

communication. March 4, 2008. 

5USDA, National Agricultural Statistics Service. 

‘‘Hawaii Specialty Fruits.’’ August 2008. http:// 

www.nass.usda.gov/Statistics_by_State/Hawaii/ 

Publications/Fruits_and_Nuts/tropfrt.pdf. 

6Love, Ken. West Hawaii Director for the Hawaii 

Tropical Growers Association, personal 

communication, April 15, 2008. 

7University of Florida, IFAS Extension, ‘‘Florida 

Crop/Pest Management Profile: Lychee and 

Longan.’’ Mark Mossler and O. Norman Nesheim. 

March 2002. http://edis.ifas.ufl.edu/pdffiles/PI/ 

PI05000.pdf. 

8Florida Agricultural Market Research Center, 

IFAS. Miami-Dade Agricultural Land Retention 

Study. Economic Issues Vol 3. p. 4. April 2002. 

http://www.agmarketing.ifas.ufl.edu/dlfiles/ 

DadeAgLandRetentionAppendixVolumeB.pdf. 

9Florida Department of Agriculture and 

Consumer Services. Charles H. Bronson. Florida 

Agriculture Statistical Directory. http:// 

www.florida-agriculture.com/pubs/pubform/pdf/ 

Florida_Agricultural_Statistical_Directory.pdf pg. 

29. May 19, 2008. 

10University of Florida IFAS Extension. 

‘‘Importation of Tropical Fruits from Thailand.’’ 

Edward Evans and Sikavas Nalampang. August 

2008. http://edis.ifas.ufl.edu/document_fe719. 

11USDA Foreign Agricultural Service. ‘‘GAIN 

Report. Tropical Fruit in China 2008.’’ May 28, 

2008. http://www.fas.usda.gov/gainfiles/200805/ 

146294773.pdf. 

12Office of Agricultural Economics. Agricultural 

Statistics of Thailand. Table 61, Longan. http:// 

www.oae.go.th/statistic/yearbook50/section5/ 

sec5table61.pdf. 

13 Yen, C.R. ‘‘Longan Production in Taiwan.’’ 

ACTA Agriculture vol: Jan 2005, no. 665 p. 61–66. 

economic analysis of the potential 

economic effects of the rule, as required 

by the Regulatory Flexibility Act. Our 

analysis for this final rule is presented 

in the paragraphs that follow. Based on 

that analysis, we have determined that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Therefore, for the reasons given in the 

proposed rule and in this document, we 

are adopting the proposed rule as a final 

rule, without change. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This final rule has been 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. 

After conducting an initial regulatory 

flexibility analysis for the proposed 

rule, APHIS has determined that this 

rule will not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

The following is a factual basis for this 

determination. No significant public 

comments were received in response to 

the initial regulatory flexibility analysis. 

Since publication of the proposed 

rule, APHIS has obtained updated data 

on the production of fresh longan in the 

United States. The United States is not 

a major producer of longan. Latest 

estimates indicate that the United States 

annually produces around 5 million 

pounds of longan in California, Hawaii, 

and Florida, with most production 

occurring in south Florida.2

In California, longan is considered an 

experimental crop that is rarely 

available to consumers.3 Although there 

are some private gardens in southern 

California that grow longan, reportedly 

less than 25 acres are planted for 

commercial production.4

In 2007, 75 Hawaiian farms harvested 

160 acres of longan yielding 263,000 

pounds valued at $784,000.5 It is 

estimated that 99 percent of the fruit is 

sold fresh, 40 percent of which is 

irradiated and shipped to mainland 

metropolitan areas such as Chicago, IL, 

and San Francisco, CA. Hawaii’s 

remaining longan is sold within that 

State at resort hotels, farmers’ markets, 

and in Honolulu’s Chinatown.6

In 1996, 91 percent of Florida’s 

longan production was located in 

Miami-Dade County.7 Revenue reports 

from 1998, the most recent revenue data 

available on Florida’s longan 

production, show that 275 acres of 

longan yielded a value of $8.9 million.8

These data imply average revenue per 

acre of over $32,300, which is many 

times larger than the average revenue 

per acre, $4,900, for Hawaii’s longan 

producers. Assuming that not more than 

300,000 pounds of longan are produced 

in California and Hawaii, then at least 

94 percent (4,700,000 pounds) of U.S. 

longan production takes place in 

Florida. While Florida does not report 

the destination of longan leaving MiamiDade County, principal demand for the 

longan as a minor tropical fruit is 

geographically limited, with most of the 

crop sold on the local fresh market.9

Although U.S. production of longan has 

increased over the past 5 years, there is 

still limited demand for this fruit.10

Major foreign producers of fresh 

longan include China, Thailand, and 

Taiwan. Both China and Thailand are 

allowed to export fresh longan fruit to 

the United States, excluding Florida. In 

2007, China’s production was around 

2.8 billion pounds of longan, 3.1 million 

pounds of which was exported fresh to 

the United States.11 Thailand’s 

production was around 1.1 billion 

pounds 12 and exports totaled 354 

million pounds to China, Indonesia, 

Hong Kong, Singapore, and the 

Philippines. Since the publication of 

final rule allowing the importation of 

fruit from Thailand (72 FR 34163– 

34176, published June 21, 2007, 

effective July 23, 2007, Docket No. 

APHIS–2006–0040), PPQ has reported 

164 shipments with a total of 326,383 

boxes of fresh longan imported into the 

United States from Thailand between 

November 2007 and March 2009. 

Taiwan is a major producer of longan. 

In 2002, Taiwan produced over 242 

million pounds, on over 29,000 acres.13

The Taiwanese Government estimates 

that annual fresh longan exports to the 

United States will total around 397,000 

pounds, a quantity equivalent to about 

13 percent of U.S. longan imports from 

China and about 8 percent of U.S. 

production. Fresh longan fruit with 

stems is currently admissible from other 

countries besides China and Thailand, 

including the Bahamas, Bermuda, 

Dominican Republic, Haiti, and Jamaica. 

While longan imports from Taiwan 

will compete with U.S.-produced 

longan, we expect that they will also 

compete with and substitute for longan 

imports from other countries, especially 

China, as well as help meet the 

expanding U.S. demand for exotic fruits. 

Displacement of other imports and an 

expanding market will moderate 

adverse effects of this rule for U.S. 

producers. 

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 fresh longan 

with stems to be imported into the 

United States from Taiwan. State and 

local laws and regulations regarding 

fresh longan imported under this rule 

will be preempted while the fruit is in 

foreign commerce. Fresh longan 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. 

Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 23611 

Paperwork Reduction Act 

In accordance with the Paperwork 

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

et seq.), the information collection or 

recordkeeping requirements included in 

this rule have been approved by the 

Office of Management and Budget 

(OMB) under OMB control number 

0579–0351. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this rule, please contact Mrs. Celeste 

Sickles, APHIS’ Information Collection 

Coordinator, at (301) 851–2908. 

List 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 by adding, in 

alphabetical order, under Taiwan, a new 

entry for longan to read as follows: 

§ 305.2 Approved treatments. 

* * * * * 

(h) * * * 

(2) * * * 

(i) * * * 

Location Commodity Pest Treatment schedule 

* * * * * * * 

Taiwan: 

* * * * * * * 

Longan ............................... Bactrocera dorsalis, B. cucurbitae, Conopomorpha 

sinensis.

CT T107–h. 

* * * * * * * 

* * * * * 

■ 3. In § 305.16, the table is amended by 

revising the entries for treatment 

schedules T107–h and T107–j to read as 

follows: 

§ 305.16 Cold treatment schedules. 

Treatment schedule Temperature (°F) Exposure period 

* * * * * * * 

T107–h .............................................................. 33.8 or below .................................................... 17 days 

34.5 or below .................................................... 20 days. 

T107–j ............................................................... 33.8 or below .................................................... 15 days. 

34.5 or below .................................................... 18 days. 

* * * * * * * 

* * * * * 

PART 319—FOREIGN QUARANTINE 

NOTICES 

■ 4. 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. 

■ 5. Section 319.56–13 is amended as 

follows: 

■ a. In paragraph (a), in the table, by 

adding, in alphabetical order, under 

Taiwan, a new entry for longan to read 

as set forth below. 

■ b. By adding a new paragraph 

(b)(5)(xvii) to read as set forth below. 

■ c. By revising the OMB citation at the 

end of the section to read as set forth 

below. 

§ 319.56–13 Fruits and vegetables allowed 

importation subject to specified conditions. 

(a) * * * 

23612 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 

Country/locality of origin Common name Botanical name Plant part(s) Additional requirements 

* * * * * * * 

Taiwan: 

* * * * * * * 

Longan .............................. Dimocarpus longan ........... Fruit and stems ................. (b)(2)(v), (b)(3), (b)(5)(xv), 

(b)(5)(xvii). 

* * * * * * * 

* * * * * 

(b) * * * 

(5) * * * 

(xvii) Must be accompanied by a 

phytosanitary certificate issued by the 

national plant protection organization of 

the exporting country of origin with an 

additional declaration stating that the 

fruit is free of Conogethes punctiferalis, 

Cryptophlebia ombrodelta, and 

Rhipiphorothrips cruentatus. 

(Approved by the Office of Management and 

Budget under control numbers 0579–0049, 

0579–0236, 0579–0264, 0579–0316, and 

0579–0351) 

Done in Washington, DC, this 14th day of 

May 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–11735 Filed 5–19–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM404; Special Conditions No. 

25–382–SC] 

Special Conditions: Boeing Model 757 

Series Airplanes; Seats with NonTraditional, Large, Non-Metallic Panels 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for Boeing Model 757 series 

airplanes. These airplanes, as modified 

by Northwest Airspace Technologies, 

Inc., will have a novel or unusual design 

feature associated with seats that 

include non-traditional, large, nonmetallic panels that would affect 

survivability during a post-crash fire 

event. The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. These special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. 

DATES: The effective date of these 

special conditions is May 11, 2009. We 

must receive your comments by July 6, 

2009. 

ADDRESSES: You must mail two copies 

of your comments to: Federal Aviation 

Administration, Transport Airplane 

Directorate, Attn: Rules Docket (ANM– 

113), Docket No. NM404, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356. You may deliver two 

copies to the Transport Airplane 

Directorate at the above address. You 

must mark your comments: Docket No. 

NM404. You can inspect comments in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: John 

Shelden, FAA, Airframe/Cabin Safety 

Branch, ANM–115, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; 

telephone (425) 227–2785; facsimile 

(425) 227–1232. 

SUPPLEMENTARY INFORMATION: 

Future Requests for Installation of Seats 

With Non-Traditional, Large, NonMetallic Panels 

The FAA has determined that notice 

of, and opportunity for prior public 

comment on, these special conditions 

are impracticable because these 

procedures would significantly delay 

issuance of the design approval and 

thus return to service of the affected 

aircraft. The FAA therefore finds that 

good cause exists for making these 

special conditions effective upon 

issuance. 

We anticipate that seats with nontraditional, large, non-metallic panels 

will be installed in other makes and 

models of airplanes. We have made the 

determination to require special 

conditions for all applications 

requesting the installation of seats with 

non-traditional, large, non-metallic 

panels until the airworthiness 

requirements can be revised to address 

this issue. Having the same standards 

across the range of airplane makes and 

models will ensure consistent ruling for 

the aviation industry. 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

about these special conditions. You can 

inspect the docket before and after the 

comment closing date. If you wish to 

review the docket in person, go to the 

address in the ADDRESSES section of this 

preamble between 7:30 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. 

We will consider all comments we 

receive by the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

If you want us to acknowledge receipt 

of your comments on these special 

conditions, include with your 

comments a self-addressed, stamped 

postcard on which you have written the 

docket number. We will stamp the date 

on the postcard and mail it back to you. 

Background 

On March 6, 2008, Northwest 

Airspace Technologies, Inc. (NAT), 2210 

Hewitt Avenue, Suite 300, Everett, WA 

98201, applied for a supplemental type 

certificate for installing seats that 

include non-traditional, large, nonmetallic panels in a Boeing Model 757 

series airplane. The Boeing Model 757 

series airplanes, currently approved 

under Type Certificate No. A2NM, are 

swept-wing, conventional-tail, twinengine, turbofan-powered, single-aisle, 

medium-sized, transport-category 

airplanes. 

The applicable regulations to 

airplanes currently approved under