[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)]
[Rules and Regulations]
[Pages 25487-25495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4065]



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  Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Rules and 
Regulations  

[[Page 25487]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 305 and 319

[Docket No. 03-113-3]


Citrus From Peru

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 fresh commercial citrus 
fruit (grapefruit, limes, mandarin oranges or tangerines, sweet 
oranges, and tangelos) from approved areas of Peru into the United 
States. Based on the evidence in a recent pest risk analysis, we 
believe these articles can be safely imported from Peru, provided 
certain conditions are met. This action will provide for the 
importation of citrus from Peru into the United States while continuing 
to protect the United States against the introduction of plant pests.

DATES: Effective Date: May 1, 2006.

FOR FURTHER INFORMATION CONTACT: Mr. Tony Roman, Import Specialist, 
Commodity Import Analysis and Operation Staff, 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 
through 319.56-8, 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 Peru has requested that 
the Animal and Plant Health Inspection Service (APHIS) amend the 
regulations to allow the importation into the United States of 
grapefruit, limes, mandarin oranges or tangerines, sweet oranges, and 
tangelos.
    To evaluate the risks associated with the importation of citrus 
from Peru, we prepared a draft pest risk analysis entitled 
``Importation of Fresh Commercial Citrus Fruit: Grapefruit (Citrus x 
paradisi Macfad.); Lime (C. aurantiifolia [Christm.] Swingle); Mandarin 
Orange or Tangerine (C. reticulata Blanco); Sweet Orange (C. sinensis 
[L.] Osbeck); Tangelo (C. x tangelo J.W. Ingram & H.E. Moore) from Peru 
into the United States'' (October 2003).
    On January 12, 2004, we published a notice in the Federal Register 
(69 FR 1694-1695, Docket No. 03-113-1) in which we advised the public 
of the availability of the draft pest risk analysis. We solicited 
comments concerning the pest risk analysis for 60 days ending March 12, 
2004, and received 14 comments by that date. The comments were from 
Members of Congress, foreign importers, foreign citrus producers, 
foreign and domestic exporters and distributors, State departments of 
agriculture, and an agricultural trade service. We considered the 
comments we received on the draft pest risk analysis in the development 
of our proposal and discussed the comments in our proposed rule.
    On September 30, 2005, we published in the Federal Register (70 FR 
57206-57213, Docket No. 03-113-2) a proposed rule \1\ to allow the 
importation, under certain conditions, of fresh commercial citrus fruit 
(grapefruit, limes, mandarin oranges or tangerines, sweet oranges, and 
tangelos) from approved areas of Peru into the United States. We 
solicited comments concerning our proposal for 60 days ending November 
29, 2005. We received 24 comments by that date, from Members of 
Congress, importers, exporters, foreign citrus producers, domestic 
growers, and private citizens. Nineteen of the commenters fully 
supported the proposed rule. The issues raised by the remaining 
commenters are discussed below.
---------------------------------------------------------------------------

    \1\ To view the proposed rule and the comments we received, go 
to http://www.regulations.gov, click on the ``Advanced Search'' tab, 
and select ``Docket Search.'' In the Docket ID field, enter APHIS-
2005-0079, then click on ``Submit.'' Clicking on the Docket ID link 
in the search results page will produce a list of all documents in 
the docket.
---------------------------------------------------------------------------

General Comments

    Two commenters noted that the pest risk analysis states that limes 
(C. aurantiifolia) are poor hosts or nonhosts of Mediterranean fruit 
fly (Medfly, Ceratitis capitata) and Anastrepha spp. fruit flies and 
that APHIS does not require mandatory cold treatment of commercial C. 
aurantiifolia fruit to mitigate for those pests. The commenters asked 
why, then, the proposed rule did not exempt limes from the cold 
treatment requirement.
    The commenters are correct; we had intended to exempt limes from 
the cold treatment requirement in the proposed rule, but inadvertently 
failed to do so. Therefore, in this final rule the cold treatment 
requirements in Sec.  319.56-2pp, paragraph (f), include an exception 
for limes (C. aurantiifolia).
    One commenter asked how APHIS could cite the effectiveness of fruit 
cutting with regard to Spanish clementines when APHIS discovered 
Spanish clementines infested with Medfly only a few years ago.
    The purpose of fruit cutting is not to serve as a mitigation 
measure, but rather, to monitor the effectiveness of cold treatment. 
When we revised our cold treatment schedules in 2002 by removing the 
lower temperature/longer duration applications (an action we took in 
response to the detection of Medfly in Spanish clementines), we also 
began requiring that all fruit cold treated for Medfly be cut and 
sampled at the port of first arrival in order to ensure that the 
treatment was effective. In the case of clementines from Spain and 
other fruit cold treated for Medfly, we believe fruit cutting has been 
an effective way of monitoring the efficacy of cold treatment.
    One commenter asked that we explain in the final rule that satsuma 
(Citrus reticulata Blanco var. satsuma) is also known as Citrus unshiu 
Marcow var. Satsuma and clementine (C. reticulata var. clementine or 
Citrus reticulata Blanco cultigroup Tangerine cv. `Clementine') is 
considered to belong to the tangerine group.
    The citrus taxonomy we used in the pest risk analysis and proposed 
rule is based on the Swingle system. While the taxonomy of citrus is 
not established, most researchers use the Swingle system, which 
recognizes 16 species of

[[Page 25488]]

citrus. We believe it is appropriate to employ the system authored by 
Swingle for purposes of classification because it is generally accepted 
in the scientific community.

The Citrus Fruit Borer

    Several commenters took issue with our providing for inspection as 
the only mitigation measure of Ecdytolopha aurantiana, the citrus fruit 
borer. Two commenters stated that the citrus borer is a dangerous pest 
and poses a great risk to the U.S. citrus industry and requested 
additional mitigation measures be required for the borer. One of these 
commenters suggested that mitigation measures include certification 
that the fruit was grown in an area free of the citrus fruit borer, 
which the commenter claimed could be verified with a parapheromone that 
can be used in trapping, and/or treatment with an irradiation dose of 
400 Gy.
    We continue to believe that E. aurantiana is very easy to detect in 
visual inspections based on its effects on the fruit. As stated in our 
pest risk analysis, ``Fruit attacked by E. aurantiana gradually develop 
a necrotic area around the entrance hole caused by the larva in the 
rind of the fruit, and then the fruit either drops prematurely or 
develops a bright orange color distinct from healthy fruit.'' Because 
these symptoms are easy to recognize and highly visible, the fruit 
would not be marketable and we expect it to be rejected during packing 
or during the subsequent inspection conducted in Peru for E. 
aurantiana.
    Two commenters expressed concern for inspection being the only 
mitigation measure for the citrus fruit borer because of the small 
number of consignments typically inspected. The commenters cited what 
they described as the unreliability of inspections now that port 
inspections are largely the responsibility of the Department of 
Homeland Security (DHS) as another factor. The commenters added that 
port inspections have suffered, citing a 2004 Government Accountability 
Office report, and took issue with our position regarding port 
inspections in our proposed rule. The commenters contended that 
vacancies of qualified personnel is greater than when the transfer of 
inspection duties to DHS took place and that attrition outpaces new 
hires. With more fresh produce being imported and fewer qualified 
inspectors, the commenters stated, the training program for new 
inspectors is not at the same level as the original APHIS training 
program.
    With respect to the amount of shipments being inspected, our 
proposal called for all consignments of Peruvian citrus to be inspected 
prior to exportation and accompanied by a phytosanitary certificate 
with a specific declaration stating that the consignment has been 
inspected and found free of E. aurantiana. The primary object of the 
inspection that will take place in the United States and be conducted 
by DHS port inspectors will be to monitor the effectiveness of cold 
treatment.
    With respect to staffing levels, there was an initial drop in the 
number of inspectors following the transfer of port inspection 
responsibilities from APHIS to DHS in June 2003: APHIS transferred 
1,507 agriculture inspectors to DHS, but by October 2004, the number of 
inspectors had decreased to 1,452. However, the loss of those 55 
inspectors was more than offset by February 2005, at which time 109 new 
agricultural specialists had completed New Officer Training and were 
working at ports of entry. In addition, DHS approved 14 training 
classes for new officers which began in the summer of 2004 and 
continued through January 2006. As of February 2006, DHS had 1,858 
agriculture inspectors and plans to hire 248 new officers this year to 
offset any projected attrition.
    With respect to training, there was a need to provide pest-
exclusion training to those Immigration and Naturalization Service, 
U.S. Border Patrol, and U.S. Customs Service personnel who were 
transferred to DHS' Bureau of Customs and Border Protection (CBP), just 
as the mission of CBP dictated the need to provide cross-training in 
other specialties to those APHIS personnel who were transferred to CBP. 
Planning and delivering training for all these personnel necessarily 
had to be accomplished over time, but all CBP inspection personnel have 
now been fully and satisfactorily trained in pest exclusion.
    One commenter stated that if there is ever evidence of pest 
transfer of E. aurantiana into the United States that can be linked to 
shipments of Peruvian citrus, APHIS must implement additional measures 
beyond what was in the proposed rule to prevent the further 
introduction of the pest into the United States. The commenter added 
that APHIS must suspend shipments of citrus from Peru until additional 
measures are implemented.
    As stated in the proposed rule, if a single E. aurantiana is found 
upon inspection, the shipment will be held until an investigation is 
completed and appropriate remedial actions have been implemented. If 
APHIS determines at any time that inspection does not appear to be an 
effective mitigation for E. aurantiana, APHIS will take additional 
measures, which may include suspending the importation of citrus from 
Peru and conducting an investigation into the cause of the deficiency.
    One commenter stated that there is an assumption that cold 
treatment will kill the citrus fruit borer, but that this conclusion is 
not supported in the pest risk analysis.
    We did not state, nor did we intend to imply, in our proposed rule 
or pest risk analysis that cold treatment would serve as a mitigation 
measure for the citrus fruit borer. To address the risk presented by 
the citrus fruit borer, we are requiring that all shipments be 
inspected prior to export and accompanied by a phytosanitary 
certificate with an additional declaration stating that the consignment 
has been inspected and found free of E. aurantiana.

Economic Analysis

    Two commenters raised several concerns with some of the conclusions 
in the proposed rule's economic analysis. One of these commenters took 
issue with our conclusion that imports of citrus from Peru would not 
have a negative impact on the domestic citrus industry because of the 
small amount of citrus we are expecting to import. The commenter added 
that we must consider the cumulative effect of all of our import rules. 
The commenter also took issue with how much of the information used for 
the analysis was based on Florida's citrus industry. The commenter 
stated that while the percentage of California's citrus production is 
small compared to the country as a whole, it is almost entirely sold 
for fresh, unlike Florida where only 10 percent is sold for fresh. 
Therefore, the commenter stated, this rule would have a much greater 
impact on the California citrus industry than the Florida citrus 
industry. The commenter stated that the impacts on citrus sold for 
fresh in the United States needed more examination.
    One commenter also took issue with our statement in the proposed 
rule that clementines and mandarins are not produced in the United 
States in commercially significant quantities. The commenter cited 
statistics from a 2004 California Department of Food and Agriculture 
report that showed there are 15,000 acres of these varieties planted in 
California. Each acre is equal to about 20 metric tons of fruit; 
meaning that 300,000 metric tons of fresh mandarins are being produced. 
The commenter stated that gross revenue per acre is an

[[Page 25489]]

estimated $5,000 to $6,000, resulting in a minimum of a $75 million 
industry.
    Two commenters took issue with our statement that imports of 
Peruvian citrus would complement citrus production in the United 
States. One of these commenters noted that fresh shipments of navel 
oranges from Texas peak in September/October, from Florida in 
September/December, and from California in November to May. The second 
commenter stated that allowing citrus imports during the period of 
February through September presents a significant competitive challenge 
to domestic citrus production intended for fresh utilization that 
should not be minimized.
    We have addressed the commenters' concerns in the revised economic 
analysis that is presented under the heading ``Executive Order 12866 
and Regulatory Flexibility Act'' in this final rule.
    One commenter stated that our definition of small producer is 
ambiguous. The commenter stated that a citrus producer with annual 
gross revenues of $750,000 is one who has 300 acres of citrus and 
breaks even. The commenter estimated that 90 percent of the California 
citrus industry consists of family farms.
    The Small Business Administration (SBA) determines the definitions 
of small businesses, not APHIS. SBA has established a size standard for 
most industries in the U.S. economy. As is the case with most 
agricultural production, a small citrus producer is defined as a 
business with gross annual revenue of $750,000 or less.

Amendment to Treatment Regulations

    In our proposed provisions concerning the cold treatment of citrus 
from Peru, we stated that fruit would have to be cold treated in 
accordance with part 305 of the regulations. Therefore, in this final 
rule, we have amended the table in Sec.  305.2(h)(2)(i) to include the 
appropriate treatment schedule for citrus from Peru. In addition, as a 
housekeeping measure, we have removed the footnote that has appeared at 
the end of the table. That footnote, which noted the availability of 
irradiation as an alternative treatment against mango seed weevil and 
11 species of fruit flies, was no longer entirely accurate due to the 
changes made in a recent final rule (71 FR 4451-4464, published January 
27, 2006) that established a new minimum generic dose of irradiation 
for most plant pests of the class Insecta. The regulatory text that 
precedes the table accurately indicates that treatment by irradiation 
in accordance with Sec.  305.31 may be substituted for other approved 
treatments for any of the pests listed in Sec.  305.31(a), so it is not 
necessary to maintain the footnote after the table.
    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.


    Note: In our September 2005 proposed rule, we proposed to add 
the conditions governing the importation of citrus from Peru as 
Sec.  319.56-2nn. In this final rule, those conditions are added as 
Sec.  319.56-2pp.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register.
    Immediate implementation of this rule is necessary to provide 
relief to those persons who are adversely affected by restrictions we 
no longer find warranted. The shipping season for key limes and 
mandarins from Peru is in progress. Making this rule effective 
immediately will allow interested producers and others in the marketing 
chain to benefit during this year's shipping season. Therefore, the 
Administrator of the Animal and Plant Health Inspection Service has 
determined that this rule should be effective upon publication in the 
Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This 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 amending the fruits and vegetables regulations to allow the 
importation, under certain conditions, of fresh commercial citrus fruit 
(grapefruit, limes, mandarin oranges or tangerines, sweet oranges, and 
tangelos) from approved areas of Peru into the United States. Based on 
the evidence in a recent pest risk analysis, we believe these articles 
can be safely imported from Peru, provided certain conditions are met. 
This action provides for the importation of citrus from Peru into the 
United States while continuing to protect the United States against the 
introduction of plant pests.
    Peru is not considered a major world producer of citrus, and its 
citrus industry is relatively small compared to neighboring countries 
like Brazil, Uruguay, and Argentina. As shown in table 1, oranges 
account for the greatest proportion of citrus production in Peru 
(270,673 metric tons), followed by lemons and limes (238,179 metric 
tons), tangerines, clementines, mandarins, and satsumas (131,787 metric 
tons), and grapefruit and pomelos (30,500 metric tons).

               Table 1.--Citrus Production in Peru (2000)
------------------------------------------------------------------------
                                               Area
                  Crop                       harvested      Production
                                            (hectares)     (metric tons)
------------------------------------------------------------------------
Oranges.................................          23,353         270,673
Lemons and limes........................          23,363         238,179
Tangerines, clementines, mandarins, and            7,375         131,787
 satsumas...............................
Grapefruit and pomelos..................           1,750         30,500
------------------------------------------------------------------------
Source: World Resources Institute (2002), cited in the pest risk
  analysis.


[[Page 25490]]

    Peruvian officials have identified five areas or zones from which 
citrus would, or potentially could be, exported to the United States. 
Table 2 indicates the area planted to citrus in each of the five zones. 
Export citrus is produced in zones I to IV (Piura, Lambayeque, Lima and 
Ica); however, Peru has also identified the potential for exports from 
the jungle region in zone V (Junin). Zone I (Piura) accounts for 41 
percent of the land area in citrus production.

          Table 2.--Area in Citrus Production in Peru, by Zone
------------------------------------------------------------------------
                                                           Area planted
                          Zone                               to citrus
                                                            (hectares)
------------------------------------------------------------------------
I Piura.................................................          13,005
II Lambayeque...........................................           4,592
III Lima................................................           3,251
IV Ica..................................................           1,728
V Junin.................................................           8,822
------------------------------------------------------------------------
Source: Carbonell Torres (2002), cited in the pest risk analysis.

    Peru exported 11,339 metric tons of citrus in 2003 (table 3). Five 
exporters in four packinghouses account for 98 percent of the total 
exports.

               Table 3.--Current Citrus Exports From Peru
------------------------------------------------------------------------
                                                              Volume
                       Destination                           exported
                                                           (metric tons)
------------------------------------------------------------------------
Belgium.................................................             412
Canada..................................................           1,032
Colombia................................................             158
Ecuador.................................................             363
Hong Kong...............................................             144
Ireland.................................................             154
Netherlands.............................................           3,712
Singapore...............................................              20
Spain...................................................             282
United Kingdom..........................................           3,907
Venezuela...............................................           1,139
Others..................................................              16
                                                         ---------------
    Total...............................................          11,339
------------------------------------------------------------------------
Source: Carbonell Torres (2002), cited in the pest risk analysis.

    The United States produced 11.4 million metric tons of citrus fruit 
in 2004-2005, valued at $2.39 billion. Citrus is produced in Florida, 
California, Arizona, and Texas. Florida accounted for 67 percent of 
U.S. citrus production in 2004-2005, while California accounted for 29 
percent, Texas for 3 percent, and Arizona for 1 percent. Florida and 
California each accounted for 47 percent of the value of production, 
while Texas and Arizona accounted for 4 percent and 2 percent, 
respectively.
    In Florida, 89 percent of the citrus produced is utilized for 
processing. However, a much larger percentage of the citrus produced in 
California (78 percent), Arizona (62 percent), and Texas (52 percent) 
is utilized for fresh production. Thus, whereas Florida accounts for 88 
percent of the 7.7 million metric tons of citrus processed in the 
United States, California accounts for 70 percent of the 3.7 million 
metric tons of U.S. fresh citrus production.

Table 4.--Citrus Production in the United States: Acreage, Production, Utilization, and Value of Total Citrus by
                                                      State
                                                   [2004-2005]
----------------------------------------------------------------------------------------------------------------
                                                                     Utilization of production       Value of
                                      Bearing       Production          (1,000 metric tons)         production
              State                   acreage      (1,000 metric --------------------------------     (1,000
                                      (acres)          tons)           Fresh         Processed       dollars)1
----------------------------------------------------------------------------------------------------------------
Arizona.........................          26,500             127              79              48         $38,276
California......................         243,800           3,309           2,591             718       1,131,851
Florida.........................         641,400           7,588             836           6,752       1,130,444
Texas...........................          27,300             339             177             162          88,684
United States...................         939,000          11,363           3,683           7,680      2,389,255
----------------------------------------------------------------------------------------------------------------
Source: National Agricultural Statistics Service (NASS), United States Department of Agriculture (USDA)
  (September 2005) (http://www.nass.usda.gov).
1 Packinghouse-door equivalents.

    Oranges accounted for the major proportion of the individual citrus 
crops produced in the United States (table 5). In 2004-2005, 9.1 
million metric tons of oranges were produced, valued at $1.5 billion. 
Grapefruit was valued at $398 million, lemons at $351 million, 
tangerines at $130 million, tangelos at $8 million, and temples at $3 
million. NASS does not cite similar statistics on a by-crop basis for 
clementines and mandarins specifically. However, according to 
California Citrus Mutual, 15,000 acres of these varieties are planted 
in California, representing an approximately $75 million industry.\2\
---------------------------------------------------------------------------

    \2\ California Citrus Mutual Perspective, October 4, 2004.

      Table 5.--Citrus Production in the United States: Acreage, Production, Utilization, and Value by Crop
                                                   [2004-2005]
----------------------------------------------------------------------------------------------------------------
                                                                     Utilization of production       Value of
                                      Bearing       Production          (1,000 metric tons)         production
              Crop                    acreage      (1,000 metric --------------------------------     (1,000
                                      (acres)          tons)           Fresh         Processed      dollars) 1
----------------------------------------------------------------------------------------------------------------
Oranges.........................         732,100           9,112           2,212           6,900      $1,498,063
Grapefruit......................         103,500           1,008             619             389         397,909
Lemons..........................          58,500             813             562             251         351,897
Tangelos........................           6,400              70              22              48           8,004
Tangerines 2....................          35,600             331             259              72         130,068

[[Page 25491]]

 
Temples.........................           2,900              29               9              20           3,314
----------------------------------------------------------------------------------------------------------------
Source: NASS, USDA (September 2005) (http://www.nass.usda.gov).
1 Packinghouse-door equivalents.
2 Published estimates include Florida only. Estimates include Fallglo, Sunburst, and Honey varieties only.

    In 2004, the United States imported 478,400 metric tons of citrus 
valued at $307.2 million (table 6). The major countries from which 
citrus fruit were imported included Mexico, Spain, South Africa, 
Australia, and Chile. Lemons and limes, mandarins, and oranges were the 
major products imported, and accounted for 48 percent, 32 percent, and 
19 percent of the value of imports, respectively.

                                     Table 6.--U.S. Imports of Citrus Fruits
                                                     [2004]
----------------------------------------------------------------------------------------------------------------
                                               Value (U.S.                    Major countries from which citrus
                 Commodity                     dollars in       Quantity        is imported, and percent share
                                                millions)     (metric tons)             import value 1
----------------------------------------------------------------------------------------------------------------
Lemons and limes...........................          $146.5         321,100  Mexico (88%), Chile (7.6%), Spain
                                                                              (2%).
Mandarins..................................            99.0          77,300  Spain (76.2%), South Africa
                                                                              (12.6%), Australia (6.4%), Mexico
                                                                              (2.2%), Morocco (1.4%).
Oranges....................................            58.8          65,700  South Africa (45.2%), Australia
                                                                              (42.8%), Mexico (9.1%), Dominican
                                                                              Republic (1.2%).
Grapefruit.................................             1.6          13,800  Bahamas (68.6%), Mexico (26.0%),
                                                                              Canada (2.9%), Israel (2.4%).
Other citrus fruit 2.......................             1.3             600  Jamaica (68.0%), Israel (25.1%),
                                                                              Italy (3.7%), Vietnam (1.2%),
                                                                              Morocco (1.2%).
                                            --------------------------------
    Total citrus fruit.....................           307.2         478,400  Mexico (44.5%), Spain (25.5%),
                                                                              South Africa (12.9%),
                                                                              Australia(10.3%), and Chile
                                                                              (3.6%).
----------------------------------------------------------------------------------------------------------------
Source: World Trade Atlas (2005) (http://www.gtis.com).
1 Only countries accounting for more than 1 percent of the value of imports are included in table 6.
2 Includes various fresh and dried citrus fruits, such as kumquats, citrons, bergamots, and Tahitian, Persian,
  and other limes of the Citrus latifolia variety.

    Peruvian exporters estimated that exports of citrus to the United 
States would total 5,100 metric tons a year. Tangerines/mandarins and 
tangelos are expected to comprise 69 percent of these exports (table 
7). The estimated volume of 5,100 metric tons of U.S. citrus imports 
from Peru would comprise a relatively minimal amount compared to 
current U.S. citrus imports of 478,400 metric tons and U.S. domestic 
citrus production of 11.4 million metric tons (table 8). Table 9 
compares the volume of fresh citrus imports from Peru to the 
corresponding fresh citrus production in the United States on a by-crop 
basis, based on available data.

   Table 7.--Estimated Annual Volume of Peruvian Citrus Exports to the
                            United States \1\
------------------------------------------------------------------------
                                                           Number of 40-
                Commodity                   Metric tons    foot shipping
                                                          containers \2\
------------------------------------------------------------------------
Tangerine/mandarin......................           2,000             100
Tangelo.................................           1,500              75
Key lime................................             600              30
Clementine..............................             500              25
Washington navel orange.................             300              15
Grapefruit..............................             200              10
                                         -------------------------------
    Total...............................           5,100             255
------------------------------------------------------------------------
Sources: (Carbonell Torres, 2003, and Cargo Systems, 2001, cited in the
  pest risk analysis).
 \1\ Volumes were estimated for the year 2004.
 \2\ A conversion factor of 20 metric tons per 40-foot shipping
  container is used.


[[Page 25492]]


   Table 8.--Comparison of Estimated U.S. Citrus Imports From Peru to
     Current U.S. Citrus Imports and U.S. Domestic Citrus Production
------------------------------------------------------------------------
                                                              Volume
                    Source of citrus                       (metric tons)
------------------------------------------------------------------------
Total U.S. citrus production (fresh and processed)......      11,363,000
    Fresh citrus production in California...............       2,591,000
    Fresh citrus production in Florida..................         836,000
    Fresh citrus production in Texas....................         177,000
    Fresh citrus production in Arizona..................          79,000
                                                         ---------------
        Total U.S. fresh citrus production..............       3,683,000
U.S. imports of citrus..................................         478,400
Estimated U.S. fresh citrus imports from Peru...........           5,100
------------------------------------------------------------------------


  Table 9.--Comparison of Estimated Fresh Citrus Imports From Peru With
          Fresh Citrus Production in the United States, by Crop
------------------------------------------------------------------------
                                             Peruvian       U.S. fresh
                                              imports       production
                Commodity                  (metric tons)   (metric tons)
                                              (2004)        (2004-2005)
------------------------------------------------------------------------
Tangerine/mandarin......................           2,000     \1\ 259,000
Tangelo.................................           1,500          22,000
Key lime................................             600              NA
Clementine..............................             500          \1\ NA
Orange..................................             300       2,212,000
Grapefruit..............................             200         619,000
                                         -------------------------------
    Total...............................           5,100      3,683,000
------------------------------------------------------------------------
\1\ U.S. production estimates are for tangerines only. For estimates of
  clementine and mandarin production in California, please see the above
  discussion of citrus production in the United States.
NA = Not available from table 5.

    Table 10 shows available information regarding the shipping seasons 
for the Peruvian citrus crops that may be imported into the United 
States. Table 11 shows available information regarding the marketing 
seasons for citrus fruits produced in the United States.
    Qualitative comparison of this information shows that potential 
overlaps in marketing seasons will depend on the crop and the area 
where it is produced. For example, tangerines/mandarins and tangelos 
are expected to comprise 69 percent of the Peruvian fresh citrus 
imports. The tangelo imports are expected from July to September, and 
are therefore not expected to overlap with the marketing season for 
tangelos from Florida (October 15 to April 15). Similarly, Peruvian 
mandarin imports from March to May are not expected to overlap with 
tangerine shipments from Arizona (November 1 to February 1), although 
the imports may overlap with the marketing seasons for tangerines from 
California (November 1 to May 15) and Florida (October 1 to April 1). 
Information provided by U.S. citrus grower organizations further 
indicates that the shipping season for Peruvian citrus imports may 
overlap with the marketing season of certain U.S. produced citrus 
fruits.
    Thus, though the small quantities of Peruvian imports may not be 
likely to affect overall U.S. fresh citrus production significantly, 
certain groups of producers could potentially be negatively affected by 
the rule depending on the crop, the area where it is produced, and the 
extent to which its marketing period could overlap with Peruvian 
imports. However, the extent of these potential impacts cannot be 
determined with certainty at present.

                                                       Table 10.--Peruvian Citrus Shipping Seasons
                                                                 [February to September]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                          Crop                                Feb         Mar         Apr         May         Jun         Jul         Aug         Sep
--------------------------------------------------------------------------------------------------------------------------------------------------------
Clementine..............................................  ..........  ..........  ..........          X           X           X           X           X
Key lime................................................          X           X           X   ..........  ..........  ..........  ..........  ..........
Mandarin................................................  ..........          X           X           X   ..........  ..........  ..........  ..........
Orange..................................................  ..........  ..........  ..........  ..........          X           X           X           X
Tangelo.................................................  ..........  ..........  ..........  ..........  ..........          X           X           X
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: Carbonell Torres, 2002, cited in the pest risk analysis.


[[Page 25493]]


  Table 11.--Marketing Seasons of U.S. Citrus Fruits, by Crop and State
------------------------------------------------------------------------
         Crops and states                          Period
------------------------------------------------------------------------
Oranges:
    Arizona......................  November 1 to August 31.
    California Navels............  November 1 to June 15.
    California Valencias.........  March 15 to December 20.
    Florida Early and Midseason..  October 1 to April 15.
    Florida Valencias............  February 1 to July 31.
    Texas........................  September 25 to May 15.
Grapefruit:
    Arizona......................  November 1 to July 31.
    California...................  November 1 to October 31.
    Florida......................  September 10 to July 31.
    Texas........................  October 1 to May 30.
Lemons:
    Arizona......................  August 15 to March 1.
    California...................  August 1 to July 31.
Tangelos:
    Florida......................  October 15 to April 15.
Tangerines:
    Arizona......................  November 1 to February 1.
    California...................  November 1 to May 15.
    Florida......................  October 1 to April 1.
Temples:
    Florida......................  December 1 to May 1.
------------------------------------------------------------------------
Source: NASS, USDA (September 2005) (http://www.nass.usda.gov).

    According to the 2002 Census of Agriculture, there were 17,727 
citrus farms in the United States in 2002.\3\ As noted previously, the 
SBA defines a small citrus producer as one with annual gross revenues 
no greater than $750,000. NASS, USDA, reported that 3.8 percent of U.S. 
fruit and tree nut producers accounted for 95.1 percent of sales in 
1982, 4.2 percent of fruit and tree nut producers accounted for 96.2 
percent of sales in 1987, and 4.6 percent of fruit and tree nut 
producers accounted for 96.7 percent of sales in 1992. These data 
indicate that the majority of U.S. citrus producers are small entities.
---------------------------------------------------------------------------

    \3\ NASS, USDA, 2004, http://www.nass.usda.gov/census/census02.
---------------------------------------------------------------------------

    Qualitative comparison of the shipping seasons for the Peruvian 
citrus imports (table 10) and the marketing seasons for citrus fruits 
produced in the United States (table 11) shows that potential overlaps 
in marketing seasons will depend on the crop and the area where it is 
produced. Thus, certain groups of producers could potentially be 
negatively affected by the rule, depending on the crop, the area where 
it is produced, and the extent to which its marketing period could 
overlap with Peruvian imports. However, the extent of these potential 
impacts cannot be determined with certainty at present.
    Nevertheless, U.S. fresh citrus producers in general are not 
expected to be significantly impacted by the rule. The estimated volume 
of 5,100 metric tons of U.S. citrus imports from Peru would comprise a 
minimal amount compared to current U.S. citrus imports of 478,400 
metric tons and U.S. domestic citrus production of 11.4 million metric 
tons (table 6). With regard to U.S. fresh citrus production 
specifically, it also comprises a minimal amount compared to fresh 
citrus production in Arizona (79,000 metric tons), Texas (177,000 
metric tons), Florida (836,000 metric tons), California (2,591,000 
metric tons), and total U.S. fresh citrus production (3,683,000 metric 
tons).
    This rule will likely benefit importers of citrus fruits. The 
number of importers that can be classified as small is not known. 
However, the rule will likely benefit, rather than adversely impact, 
small entities in these industries, which include: Fresh fruit and 
vegetable wholesalers with no more than 100 employees, North American 
Industry Classification System (NAICS) code 422480; wholesalers and 
other grocery stores with annual gross revenues no greater than $23 
million, NAICS 445110; warehouse clubs and superstores with annual 
gross revenues no greater than $23 million, NAICS 452910; and fruit and 
vegetable markets with gross revenues no greater than $6 million, NAICS 
445230. Consumers should also benefit through the increased 
availability of fresh citrus fruit throughout the year.
    Given the small fraction that Peruvian fresh citrus imports will 
comprise of total domestic fresh citrus supply, APHIS does not expect 
significant effects on the overall supply and price of fresh citrus 
fruits produced in the United States. Under the Plant Protection Act, 
the Secretary may prohibit or restrict the importation of plants and 
plant products if the Secretary determines that the prohibition or 
restriction is necessary to prevent the introduction into or 
dissemination within the United States of a plant pest or noxious weed. 
Thus, our determinations as to whether a new agricultural commodity can 
be safely imported are based on the findings of pest risk analysis, not 
on factors such as economic competitiveness. In addition, APHIS is 
bound under international trade agreements to remove barriers to trade 
in the event that such barriers are found by scientific analysis to be 
unnecessary. In this case, we have determined, based on the information 
presented in the pest risk analysis, that fresh citrus fruits imported 
under the conditions in this rule will not result in the introduction 
and dissemination of a plant pest or noxious weed into the United 
States.
    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 citrus to be imported into the United States 
from Peru. State and local laws and regulations regarding citrus 
imported under this rule will be preempted while the fruit is in 
foreign commerce. Fresh

[[Page 25494]]

citrus 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 citrus from 
Peru 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 site.\4\ 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.
---------------------------------------------------------------------------

    \4\ Go to http://www.regulations.gov, click on the ``Advanced 
Search'' tab and select ``Docket Search.'' In the Docket ID field, 
enter APHIS-2005-0079, click on ``Submit,'' then click on the Docket 
ID link in the search results page. The environmental assessment and 
finding of no significant impact will appear in the resulting list 
of documents.
---------------------------------------------------------------------------

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 0579-0289.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information pertinent to GPEA 
compliance related to this rule, please contact Mrs. Celeste Sickles, 
APHIS' Information Collection Coordinator, at (301) 734-7477.

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.


0
Accordingly, 7 CFR parts 305 and 319 are amended 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 by 
removing footnote 1 and by adding, under Peru, an entry for grapefruit, 
mandarins or tangerines, sweet oranges, and tangelos, in alphabetical 
order, to read as follows:


Sec.  305.2  Approved treatments.

* * * * *
    (h) * * *
    (2) * * *
    (i) * * *

----------------------------------------------------------------------------------------------------------------
             Location                     Commodity                   Pest                 Treatment schedule
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Peru
 
                                                  * * * * * * *
                                    Grapefruit, mandarins  Anastrepha fraterculus, A.  CT T107-a-1
                                     or tangerines, sweet   obliqua, A. serpentina,
                                     oranges, and           and Ceratitis capitata.
                                     tangelos.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

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. A new Sec.  319.56-2pp is added to read as follows:


Sec.  319.56-2pp  Conditions governing the importation of citrus from 
Peru.

    Grapefruit (Citrus paradisi), limes (C. aurantiifolia), mandarins 
or tangerines (C. reticulata), sweet oranges (C. sinensis), and 
tangelos (Citrus tangelo) may be imported into the United States from 
Peru under the following conditions:

[[Page 25495]]

    (a) The fruit must be accompanied by a specific written permit 
issued in accordance with Sec.  319.56-3.
    (b) The fruit may be imported in commercial shipments only.
    (c) Approved growing areas. The fruit must be grown in one of the 
following approved citrus-producing zones: Zone I, Piura; Zone II, 
Lambayeque; Zone III, Lima; Zone IV, Ica; and Zone V, Junin.
    (d) Grower registration and agreement. The production site where 
the fruit is grown must be registered for export with the national 
plant protection organization (NPPO) of Peru, and the producer must 
have signed an agreement with the NPPO of Peru whereby the producer 
agrees to participate in and follow the fruit fly management program 
established by the NPPO of Peru.
    (e) Management program for fruit flies; monitoring. The NPPO of 
Peru's fruit fly management program must be approved by APHIS, and must 
require that participating citrus producers allow APHIS inspectors 
access to production areas in order to monitor compliance with the 
fruit fly management program. The fruit fly management program must 
also provide for the following:
    (1) Trapping and control. In areas where citrus is produced for 
export to the United States, traps must be placed in fruit fly host 
plants at least 6 weeks prior to harvest at a rate mutually agreed upon 
by APHIS and the NPPO of Peru. If fruit fly trapping levels at a 
production site exceed the thresholds established by APHIS and the NPPO 
of Peru, exports from that production site will be suspended until 
APHIS and the NPPO of Peru conclude that fruit fly population levels 
have been reduced to an acceptable limit. Fruit fly traps are monitored 
weekly; therefore, reinstatements of production sites will be evaluated 
on a weekly basis.
    (2) Records. The NPPO of Peru or its designated representative must 
keep records that document the fruit fly trapping and control 
activities in areas that produce citrus for export to the United 
States. All trapping and control records kept by the NPPO of Peru or 
its designated representative must be made available to APHIS upon 
request.
    (f) Cold treatment. The fruit, except for limes (C. aurantiifolia), 
must be cold treated for Anastrepha fraterculus, A. obliqua, A. 
serpentina, and Ceratitis capitata (Mediterranean fruit fly) in 
accordance with part 305 of this chapter.
    (g) Phytosanitary inspection. Each consignment of fruit must be 
accompanied by a phytosanitary certificate issued by the NPPO of Peru 
stating that the fruit has been inspected and found free of Ecdytolopha 
aurantiana.
    (h) Port of first arrival sampling. Citrus fruits imported from 
Peru are subject to inspection by an inspector at the port of first 
arrival into the United States in accordance with Sec.  319.56-
2d(b)(8). At the port of first arrival, an inspector will sample and 
cut citrus fruits from each shipment to detect pest infestation. If a 
single live fruit fly in any stage of development or a single E. 
aurantiana is found, the shipment will be held until an investigation 
is completed and appropriate remedial actions have been implemented.

(Approved by the Office of Management and Budget under control 
number 0579-0289)

    Done in Washington, DC, this 26th day of April 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-4065 Filed 4-28-06; 8:45 am]
BILLING CODE 3410-34-P