[Federal Register Volume 71, Number 242 (Monday, December 18, 2006)]
[Rules and Regulations]
[Pages 75649-75659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21496]



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  Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / 
Rules and Regulations  

[[Page 75649]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 03-086-3]
RIN 0579-AC23


Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations to list a number of fruits and 
vegetables from certain parts of the world as eligible, under specified 
conditions, for importation into the United States. Some of the fruits 
and vegetables are already eligible for importation under permit, but 
are not specifically listed in the regulations. All of the fruits and 
vegetables, as a condition of entry, will be inspected and subject to 
treatment at the port of first arrival as may be required by an 
inspector. In addition, some of the fruits and vegetables will be 
required to meet other special conditions. In one case, we are adding a 
systems approach that will provide an alternative to methyl bromide 
fumigation. These actions will provide the United States with 
additional types and sources of fruits and vegetables while continuing 
to protect against the introduction of quarantine pests through 
imported fruits and vegetables.

EFFECTIVE DATE: December 18, 2006.

FOR FURTHER INFORMATION CONTACT: Ms. Donna L. West, Senior Import 
Specialist, Commodity Import Analysis and Operations, 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 
spread of plant pests that are new to or not widely distributed within 
the United States.
    On December 22, 2005, we published in the Federal Register (70 FR 
75967-75981, Docket No. 03-086-1) a proposal \1\ to amend the 
regulations by listing a number of fruits and vegetables from certain 
parts of the world as eligible, under specified conditions, for 
importation into the United States. We solicited comments on the 
proposed rule for 60 days ending on February 21, 2006.
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    \1\ To view the proposed rule and 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-
2005-0107, 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.
---------------------------------------------------------------------------

    On March 3, 2006, we published in the Federal Register (71 FR 
10924, Docket No. 03-086-2) a notice in which we reopened the comment 
period for our proposed rule until March 10, 2006. We received 11 
comments by that date. The comments were from representatives of State 
and foreign governments, industry organizations, importers and 
exporters, distributors, farmers, and individuals. Seven of these 
commenters wrote to support the proposed provisions regarding citrus 
from New Zealand, and another commenter wrote to support the proposed 
provisions regarding the importation of tomatoes from Chile. The 
remaining commenters raised specific issues which are discussed below.

General Comments

    In our proposal, we stated that citrus fruit from the Bahamas would 
be allowed importation into the United States provided that each 
shipment was accompanied by a phytosanitary certificate stating that 
the fruit originated from an area of the Bahamas that is free from 
citrus canker disease, Xanthomonas citri (Hasse) Dowson. We also stated 
that the island of Abaco is the only island in the Bahamas where citrus 
canker is known to exist. One commenter stated that the existence of 
citrus canker should be based on periodic and systematic surveys and 
the importation of citrus fruit from the Bahamas ultimately should meet 
the same standards developed by the U.S. Department of Agriculture for 
the movement of domestic fruit from Florida.
    The Bahamas is currently conducting ongoing surveillance for citrus 
canker and there have been no other reports of the disease. With regard 
to requiring Bahamian citrus to meet the same standards as domestic 
fruit moved from Florida, we presume the commenter is referring to the 
restrictions on the interstate movement of citrus from areas 
quarantined for citrus canker. The current domestic citrus canker 
regulations in 7 CFR part 301 allow fruit from citrus canker 
quarantined areas in Florida to move interstate provided they are not 
destined for a commercial citrus-producing area. This rule will allow 
citrus from the Bahamas to enter the United States only if it is grown 
in an area where citrus canker does not exist. Under those 
circumstances, we believe it is unnecessary to limit the movement of 
Bahamian citrus fruit to non-citrus-producing States.
    In our proposal, we proposed to amend Sec.  319.56-2t by removing 
the common names provided for Cichorium spp. articles (e.g., endive, 
chicory, and radicchio) from several Central and South American 
countries and replacing those common name entries with the more general 
term ``cichorium.'' This was proposed in order to make our regulations 
more clear and consistent and to allow additional varieties of 
Cichorium entry from those countries. In our proposed regulatory text, 
we listed leaves, stems, and roots as the enterable plant parts for 
cichorium from the listed Central and South American countries. One 
commenter stated that chicory root poses different pest problems than 
stems and leaves and should be addressed separately.
    As stated in the proposed rule, we prepared a pest risk assessment 
which examined the risks posed by roots, stems, and leaves of all 
Cichorium spp. from Central America and South America and found that no 
pests would follow the pathway. Therefore, we believe that the general 
requirements listed in Sec.  319.56-6 are adequate for

[[Page 75650]]

roots, stems, and leaves of Cichorium spp.
    We proposed to list eggplant from Belize, Costa Rica, and Honduras 
in Sec.  319.56-2t as eligible for importation into the United States, 
but only in commercial shipments. One commenter stated that the 
distinction we drew between commercial and noncommercial shipments is 
not clear and that the distinguishing characteristics mentioned in the 
proposed rule (i.e., quantity of product, type of packaging, 
identification of grower and packinghouse, and consigning documents) 
are not enough to discourage determined shippers of substandard 
products. The commenter was concerned that distinguishing between 
commercial and noncommercial shipments would not offer any broad 
ranging pest protection to the United States.
    In addition to the distinction that we drew between noncommercial 
and commercial shipments in the proposed rule, noncommercial shipments 
can also refer to articles carried in passenger baggage, while 
commercial shipments refer to commodities that are imported under the 
condition that specific phytosanitary measures were applied. We 
continue to believe, based on the considerations discussed in the 
proposed rule, that noncommercial shipments pose a greater risk of pest 
introduction because they were not subject to the same mitigation 
measures as commercial shipments and that the criteria we apply in 
distinguishing between commercial and noncommercial shipments are 
effective.
    One commenter was concerned that allowing pineapples and apples 
from South Africa to be imported without treatment into the United 
States could result in the introduction of the oriental red mite 
(Eutetranychus orientalis). The commenter stated that oriental red mite 
occurs in South Africa and is a serious pest on more than 180 plants, 
both crops and ornamentals, many of which are grown in Florida.
    While oriental red mite occurs in South Africa, our research 
indicates that neither pineapples nor apples are a preferred host of 
that pest. If the commenter has additional research that is contrary to 
this assertion, we invite him to submit it. Further, pineapples and 
apples have both been authorized for importation into the United States 
from South Africa for several years, so they were not being proposed 
for entry for the first time. With regard to pineapples, the 
regulations have indicated that pineapples from South Africa are 
approved for entry into all States, but our risk analysis only 
evaluated the risks of allowing pineapple entry into the continental 
United States. As explained in our proposal, we intended to correct 
that oversight by amending Sec.  319.56-2t to limit their distribution 
to the continental United States. With regard to apples, we have been 
allowing apples from South Africa entry under permit with a prescribed 
treatment, and we were simply proposing to add them to Sec.  319.56-2x 
to improve the transparency of our regulations.

Leeks From Canada

    One commenter stated that the proposed import restrictions for 
leeks from Canada should apply only to Quebec and Ontario, because they 
are the only two Provinces where the leek moth is known to exist.
    We would be willing to consider limiting the applicability of our 
import restrictions if the Canadian Food Inspection Agency submits to 
APHIS, field surveys or other documentation that demonstrates that 
Quebec and Ontario are the only areas within Canada where the leek moth 
exists and describes the measures that are being used to prevent the 
spread of the pest within Canada.
    One commenter stated that ornamental Allium represent a negligible 
host for the leek moth and should not be subject to the proposed 
mitigation measures.
    Ornamental Allium products are not covered under the fruits and 
vegetables regulations and therefore would not be subject to the 
mitigation measures in this rule.
    One commenter stated that some Allium products are being produced 
in Mexico, imported into Canada, and then re-exported to the United 
States. The commenter stated that those products of non-Canadian origin 
should not be impacted by the new regulations.
    It would be difficult to determine if a commodity had originated in 
Mexico if it is re-exported from Canada because it would be unlikely 
that the original packaging would be preserved. Further, it would be 
difficult to ensure and verify that there was no commingling between 
Allium spp. of Canadian and Mexican origin. If the packaging of Allium 
products from Mexico (or another country eligible to export such 
products to the United States) remains intact and the shipment is 
accompanied by a re-export certificate, then we would not require a 
phytosanitary certificate for the shipment. Under any other 
circumstances, Allium spp. whole plants or above ground parts imported 
in the United States from Canada will be subject to the restrictions 
set forth in this final rule.
    One commenter stated that the proposed mitigation measures for the 
leek moth should not apply to vacuum-packed Allium spp. because vacuum 
packing is a mitigation measure itself.
    The commenter did not provide, nor do we have, any research 
regarding the efficacy of vacuum packing as a mitigation measure for 
leek moth. Therefore, we will not add an exemption for vacuum-packed 
Allium spp. in this final rule.
    We proposed to amend Sec.  319.56-2t allow grapes from Argentina to 
be imported into the United States if they are grown in a fruit-fly 
free area. For grapes that are grown outside a fruit-fly free area, we 
also proposed to amend Sec.  319.56-2x to add grapes from Argentina to 
the list of fruits and vegetables that may be imported into the United 
States provided that they are treated in accordance with 7 CFR part 
305. The regulations in part 305 prescribe cold treatment for fruit 
flies and methyl bromide for other pests of grapes from Argentina. The 
regulations in part 305 also provide that irradiation may be 
substituted for other approved treatments for any of the pests listed 
in Sec.  305.31(a). So, while part 305 does allow irradiation to be 
substituted for the cold treatment and fumigation prescribed for grapes 
from Argentina, one commenter appeared to believe that irradiation was 
the sole treatment we were prescribing, which is not the case, and 
presented several questions about irradiation. While we believe it 
would be unlikely that irradiation would be used for grapes from 
Argentina, a summary of the commenter's questions and our responses are 
presented below.
    The commenter asked specific questions about research on how the 
quality of grapes was affected by irradiation and whether or not such 
research has been conducted over a time period that approximates 
shipping time to match what the end consumer would find in stores.
    Those questions are commercial considerations and are not relevant 
to the regulatory process. As cautioned in Sec.  305.31(n) of the 
regulations, irradiation is approved to assure quarantine security 
against listed pests, but the facility operator and shipper are 
responsible for determination of tolerance.
    The commenter also asked about whether we have conducted any 
research on the efficacy of irradiation on table grapes.
    The required irradiation doses are specific to plant pests, rather 
than the commodities they are associated with.

[[Page 75651]]

Specific characteristics of the fruits or vegetables being treated, 
which may need to be considered in developing other phytosanitary 
treatments, are irrelevant to the effectiveness of irradiation as long 
as the required minimum dose is absorbed.
    The commenter also asked if there has been any work done to 
determine the cumulative risk factors of allowing fruit and vegetables 
from multiple countries into the United States under various protocols 
and if so, what is the risk.
    We receive requests to authorize the importation of specific fruits 
or vegetables from specific countries, so it is in that context (i.e., 
case-by-case, not cumulative) that we evaluate risks and make 
decisions.
    The commenter asked if irradiation would take place pre-shipment or 
post, under what conditions, and if USDA would be approving irradiation 
facilities and inspecting the fruit.
    As provided in Sec.  305.31, irradiation may take place either in 
the United States or outside of the United States prior to shipment. In 
either case, the operator of an irradiation facility must sign a 
compliance agreement with the Administrator and all irradiation 
facilities must be certified by the Administrator. When the treatment 
occurs outside the United States, the plant protection organization of 
the country where irradiation is to take place must enter into a 
facility preclearance workplan and a framework equivalency work plan 
with APHIS. The equivalency workplan is a document in which both APHIS 
and the foreign plant protection organizations specify the following 
information for their respective countries:
     Citations for any requirements that apply to the 
importation of irradiated articles;
     The type and amount of inspection, monitoring, or other 
activities that will be required in connection with allowing the 
importation of irradiated articles into that country; and
     Any other conditions that must be met to allow the 
importation of irradiated articles into that country.
    The commenter asked what level of inspection would take place.
    There is no pre-set level of inspection for grapes or any other 
article. The level of inspection applied will vary from commodity to 
commodity and shipment to shipment. Inspectors take into account 
factors such as pest conditions in the exporting region, the types of 
pests and past interceptions associated with the article, whether and 
what type of treatment has been applied, the type of packaging (bulk or 
loose), the bill of lading and number of containers by each shipper, 
and specific targeting activities based on continuing analysis of pest 
conditions worldwide.
    The commenter asked if fruit flies do not die under irradiation but 
are rendered sterile, what is the protocol for determining whether the 
irradiation has been effective pre-shipment.
    Irradiation is considered effective if flies are killed or if they 
are rendered unable to reproduce or emerge from the host as an adult. 
Based on research conducted by the USDA's Agricultural Research Service 
(ARS), we have determined the necessary irradiation doses, which vary 
from pest to pest, to achieve that result. We will ensure that the 
commodity received the prescribed dose through dosimetry systems at the 
facility and certification of the treatment.
    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.

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.
    This rule relieves restrictions on the importation of certain 
fruits and vegetables from certain countries while continuing to 
protect against the introduction of plant pests into the United States. 
Immediate implementation of this rule is necessary to provide relief to 
those persons who are adversely affected by restrictions we no longer 
find warranted. Making this rule effective immediately will allow 
interested producers, importers, shippers, and others to benefit 
immediately from the relieved restrictions. 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.
    In accordance with 5 U.S.C. 604, we have performed a final 
regulatory flexibility analysis, which is set out below, regarding the 
economic effects of this rule on small entities.
    Under the Plant Protection Act (7 U.S.C. 7701 et seq.), the 
Secretary of Agriculture is authorized to regulate the importation of 
plants, plant products, and other articles to prevent the introduction 
of plant pests into the United States or the dissemination of plant 
pests within the United States.
    We are amending the regulations to list a number of fruits and 
vegetables from certain parts of the world as eligible, under specified 
conditions, for importation into the United States. Many of these 
fruits and vegetables are already being imported under permit, but are 
not specifically listed in the regulations. All of the fruits and 
vegetables, as a condition of entry, will be inspected and subject to 
treatment at the port of first arrival as may be required by an 
inspector. In addition, we will require that some of the fruits and 
vegetables be treated or meet other special conditions. We are also 
eliminating or modifying existing treatment requirements for specified 
commodities and making other miscellaneous changes. These actions will 
improve the transparency of our regulations while continuing to protect 
against the introduction of quarantine pests through imported fruits 
and vegetables.

Impact on Small Entities

    The Regulatory Flexibility Act requires agencies to consider the 
economic impact of their regulations on small entities and to use 
flexibility to provide regulatory relief when regulations create 
economic disparities between differently sized entities. Data on the 
number and size of U.S. producers of the various commodities addressed 
in this rule are not available. However, since most fruit and vegetable 
farms are small by Small Business Administration standards, it is 
likely that the majority of U.S. farms producing the commodities listed 
below are small entities.
    As previously stated, many of the commodities listed in this 
document may currently enter the United States under permit. Therefore, 
we do not expect the amount of many commodities submitted for 
importation to increase beyond current levels. Additionally, in many 
cases, importation of certain commodities is necessary given that the 
commodities are not grown extensively in the United States (e.g., 
chicory, kiwis, and mangoes). In other instances, importation augments 
domestic supplies that are not sufficient to meet consumer demand 
(e.g., apples, garlic, and onions).

Grapes and Cichorium From Argentina

    Grapes from Argentina are already admissible under permit into the 
United

[[Page 75652]]

States. The United States imports an average of 490,000 tons of grapes 
(7 percent of its domestic supply) per year to satisfy its domestic 
demand for consumption.\2\ However, less than 1 percent of these 
imports originates in Argentina. The growing season for grapes in 
Argentina is opposite of that in the United States, thereby 
complementing rather than competing with U.S. grape production. 
Therefore, even if we assume that Argentina greatly increases its 
exports of grapes to the United States, it is more likely to displace 
other countries' share of U.S. imports than to affect the level of U.S. 
consumption of domestic grapes. The economic impact on the level of 
U.S. grape consumption and production resulting from this change is 
expected to be small.
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    \2\ FAOSTAT for production data. USDA/FAS Global Agricultural 
Trade System using data from the U.N. Statistical Office. Trade 
Data: Harmonized Tariff Schedule for trade data.
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    With respect to cichorium, no official production data are 
available in either the United States or Argentina. Therefore, we 
assume that both the United States and Argentina are small commercial 
producers of cichorium. Between 2000 and 2003, U.S. imports of fresh 
cichorium averaged 3.8 thousand tons of a non-witloof variety and 2.5 
thousand tons of a witloof variety; none of these imports originated in 
Argentina.\3\ Between 2000 and 2003, Argentina's exports of cichorium 
to the world as a whole averaged 7 metric tons annually. Even if all of 
these exports were directed to the United States, they would only 
represent 0.11 percent of U.S. demand for imported cichorium. The 
economic impact resulting from this change is not expected to be 
substantial.
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    \3\ FAOSTAT for production data. USDA/FAS Global Agricultural 
Trade System using data from the U.N. Statistical Office. Trade 
Data: Harmonized Tariff Schedule (HS: 070529 non-witloof variety of 
chicory, and 070521 fresh chicory of witloof variety).
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Allium spp. From Canada

    Alliaceous vegetables (i.e., onions, shallots, leeks, and garlic) 
from Canada can be imported into the United States under the general 
permit in Sec.  319.56-2(c) for articles from Canada. Between 2000 and 
2003, Canada supplied 19 percent of annual U.S. imports of shallots and 
onions, 3 percent of U.S. imports of leeks, and 0.62 percent of U.S. 
imports of garlic on average.\4\ U.S. imports amount to less than 10 
percent of U.S. production of shallots and onions and less than 15 
percent of U.S. garlic production. This rule will add, as a condition 
of entry, that each shipment of alliaceous vegetables consisting of the 
whole plant or above ground parts be accompanied by a phytosanitary 
certificate containing an additional declaration from the Canadian NPPO 
that the shipment is free of Acrolepiopsis assectella. We do not expect 
exporters to incur any additional expenses as a result of this 
requirement. Therefore, U.S. importers/consumers of these commodities 
will not see an increase in the cost of alliaceous vegetables from 
Canada. Even if exporters of alliaceous vegetables from Canada were to 
experience an increase in exporting cost because of the phytosanitary 
requirement and pass this on to U.S. importers/consumers, the benefits 
of keeping the leek moth out of the United States would outweigh such 
an increase in cost. As a result, the economic impact on the U.S. level 
of demand for consumption and/or production of alliaceous vegetables is 
not expected to be significant.
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    \4\ FAOSTAT for production data. USDA/FAS Global Agricultural 
Trade System using data from the U.N. Statistical Office. Trade 
Data: Harmonized Tariff Schedule for trade data.
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Cichorium, Lemons, and Tomatoes (Under a Systems Approach) From Chile

    Lemons from Chile are already being imported into the United States 
under permit; between 2000 and 2003, 4 percent of annual U.S. imports 
of lemons and limes originated in Chile.\5\ We have no reason to expect 
that listing lemons from Chile in the regulations will result in an 
increase in exports. Even if we assume that Chile increases its exports 
of lemons into the United States, it is more likely to displace other 
countries' share for U.S. imports of them than to affect the level of 
U.S. consumption of domestic lemons. The economic impact resulting from 
this change is not expected to be substantial.
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    \5\ Source of Production Data: http://apps.fao.org/faostat/agriculture/. Production data for lemons include limes. Source of 
Trade Data: USDA/FAS Global Agricultural Trade System using data 
from the U.N. Statistical Office. Harmonized Tariff Schedule 6 
digits.
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    Tomatoes from Chile are already being imported into the United 
States if fumigated with methyl bromide. This rule will provide tomato 
producers with an alternative to methyl bromide fumigation by providing 
for a systems approach. APHIS continues to strive to meet the 
objectives of the Montreal Protocol by providing alternatives to methyl 
bromide fumigation treatment for fruit and vegetable producers. As 
registered producers in Chile already comply with most of the 
production practices that will be required under the systems approach, 
the requirements will not likely result in any additional economic 
burden to tomato producers. In addition, registered producers who 
remain in compliance with the program throughout the shipping season 
will save money on costly fumigation treatments. Between 2000 and 2003, 
0.02 percent of U.S. annual imports of tomatoes originated in Chile.\6\ 
The total amount of tomatoes from Chile exported to the world between 
2000 and 2003 (all varieties) was on average only 2,209 tons or 0.38 
percent of U.S. imports. This is Chile's maximum capacity of tomato 
exports and is not expected to increase in the short term. This small 
amount of imports, whether grown under the systems approach or treated 
with methyl bromide, is unlikely to affect the level of U.S. 
consumption of domestic tomatoes. The economic impact resulting from 
this change is not expected to be substantial.
---------------------------------------------------------------------------

    \6\ Source of Production Data: http://apps.fao.org/faostat/agriculture/. Source of Trade Data: USDA/FAS Global Agricultural 
Trade System using data from the U.N. Statistical Office. Harmonized 
Tariff Schedule 6 digits.
---------------------------------------------------------------------------

    With respect to cichorium, there are no available data on U.S. or 
Chilean production. The United States imports approximately 6,000 tons 
of cichorium per year. Cichorium is already being imported from Chile 
under permit, and Chile is a major source of U.S. cichorium imports, 
accounting for approximately 32 percent on average. Because the United 
States is such a small producer of cichorium, it is unlikely that this 
rule will significantly alter this situation. In fact, the addition of 
cichorium into the U.S. market from other countries such as Chile will 
be a benefit to U.S. consumers. The economic impact on the level of 
U.S. consumption of cichorium, lemons, and tomatoes as a result of 
these changes is expected to be small.

New Zealand Spinach From Israel

    According to USDA's Foreign Agricultural Service (FAS), in 2000, 
the United States imported 1.5 metric tons of New Zealand spinach from 
Israel (0.02 percent of U.S. imports of New Zealand spinach in 2000). 
However, APHIS' Plant Protection and Quarantine (PPQ) program has no 
record of these imports and New Zealand spinach from Israel has not 
been admissible into the United States.\7\ Israel is a small

[[Page 75653]]

producer of spinach (all varieties), producing, on average, an amount 
equivalent to a quarter of total U.S. spinach imports annually. The 
amount imported in 2000 corresponds to 50 percent of Israel's exports. 
Even if we assume that Israel will double its exports into the United 
States, it could not supply more than 0.04 percent of U.S. demand for 
imports of spinach. The economic effects of this change on the level of 
U.S. consumption and/or production of spinach are not expected to be 
significant.
---------------------------------------------------------------------------

    \7\ The United States imported spinach from Israel for the first 
time in year 2000, but did not import any Israeli spinach in 2001, 
2002, or 2003. Source: U.N. Trade Statistics, FAS Global 
Agricultural Trade System using data from the U.N. Statistical 
Office. Trade Data: Harmonized Tariff Schedule (HS 6 Digit-- 070970) 
spinach fresh or chilled. Source of production data: http://apps.fao.org/faostat/agriculture/.
---------------------------------------------------------------------------

Kiwi From Italy

    Kiwi fruits from Italy can already be imported into the United 
States under permit. The United States is a small kiwi producer that 
imports almost twice as much as it produces to satisfy its domestic 
demand.\8\ Italy supplies approximately 16 percent of U.S. imported 
kiwi fruits, and it is unlikely that this will change as a result of 
this rule. Even if Italy increased its exports of kiwi to the United 
States, it would most likely displace another countries' share because 
the United States is such a small producer of kiwi. The economic impact 
resulting from this change on the level of U.S. consumption is not 
expected to be substantial.
---------------------------------------------------------------------------

    \8\ Source: U.N. Trade Statistics, FAS Global Agricultural Trade 
System using data from the U.N. Statistical Office.
---------------------------------------------------------------------------

Citrus From New Zealand

    Although FAS statistics indicate that between 2001 and 2003, New 
Zealand supplied, on average, 0.006 percent of U.S. imports of oranges 
and lemons,\9\ APHIS' PPQ has no records of these imports and citrus 
fruit from New Zealand has not been admissible into the United States. 
New Zealand is a small producer/exporter of citrus, and the country's 
exports were equivalent to less than 1 percent of U.S. imports of 
citrus on average. Its total citrus production is less than 8 percent 
of U.S. imports of citrus as a whole. Because the United States will 
import such a small percentage of New Zealand citrus, even if we assume 
that New Zealand greatly increases its exports to the United States, it 
is unlikely to have a substantial economic impact.
---------------------------------------------------------------------------

    \9\ Total citrus trade data here includes the following 
categories of fruits: Oranges (HS-6: 080510), mandarins (HS-6: 
080520), lemons (HS-6: 080530), and grapefruits (HS-6: 080540).
---------------------------------------------------------------------------

Mangoes From the Philippines

    The United States currently imports a very small amount of mangoes 
(18 tons per year on average) from the Philippines.\10\ Because the 
Philippines is a significant producer of mangoes, allowing mangoes to 
be imported into Hawaii and Guam from additional production areas in 
the Philippines could result in mango exports from the Philippines 
capturing a larger share of those two markets. U.S. mango production is 
less than 1 percent of the amount the United States needs to satisfy 
its domestic consumption. Between 2001 and 2002, the United States 
imported approximately 100 times the amount of its domestic mango 
production, with most imports coming from Mexico. Thus, allowing 
imports from more islands in the Philippines would be a benefit to U.S. 
consumers in Guam and Hawaii. The economic impact of this change on the 
level of U.S. consumption or its domestic production of mangoes is not 
expected to be significant.
---------------------------------------------------------------------------

    \10\ Trade Data: Harmonized Tariff Schedule (HS 6 Digit). Source 
of production data: http://apps.fao.org/faostat/agriculture/.
---------------------------------------------------------------------------

Apples and Grapes From South Africa

    Apples and grapes from South Africa can already be imported into 
the United States under permit. South Africa supplies 3 percent of U.S. 
imports of apples and a little less than 2 percent of U.S. imports of 
grapes.\11\ With respect to grapes, South African exports alone cannot 
satisfy U.S. demand for domestic consumption. Even if South Africa 
directs all of its exports of grapes (880,590 tons) into the United 
States, it would be only enough to supply 22 percent of U.S. annual 
demand. The economic impact of this change on the level of U.S. 
consumption and/or domestic production of apples and/or grapes is not 
expected to be significant.
---------------------------------------------------------------------------

    \11\ Source: U.N. Trade Statistics, FAS Global Agricultural 
Trade System using data from the U.N. Statistical Office. Trade 
Data: Harmonized Tariff Schedule (HS 6 Digit). Source of production 
data: http://apps.fao.org/faostat/agriculture/.
---------------------------------------------------------------------------

Cichorium From Central and South America

    There are no official data available for cichorium, either on 
production or trade, in the following countries: Bolivia, Brazil, 
Colombia, Costa Rica, Ecuador, El Salvador, French Guiana, Guyana, 
Honduras, Nicaragua, Panama, Paraguay, Peru, Suriname, Uruguay, and 
Venezuela. Thus, we assume that these countries are very small 
producers of cichorium and that they are either not currently exporting 
cichorium or are exporting only small amounts. For these reasons, we 
cannot determine what the economic effects of this rule will be, but 
they are not expected to be significant.

Summary

    U.S. importation of the commodities included in this rule is not 
expected to have a significant economic impact on U.S. small entities. 
The different production season of the Southern Hemisphere, where many 
of the fruits and vegetables included in this rule are produced, helps 
maintain a steady supply of fresh produce, complementing rather than 
competing with U.S. production of these commodities. For those 
commodities that are not principal U.S. products, the additional supply 
will help satisfy growing demand for these specialty crops. For these 
reasons, we believe that any costs due to increased competition that 
may be incurred by domestic entities will be minimal, and that those 
minimal costs will be outweighed by the benefits associated with this 
rule, which include improving the transparency of our regulations and 
providing the United States with additional types and sources of fruits 
and vegetables while continuing to protect against the introduction of 
quarantine pests through imported fruits and vegetables.
    This rule contains various recordkeeping requirements, which were 
described in our proposed rule, and which have been approved by the 
Office of Management and Budget (see ``Paperwork Reduction Act'' 
below).

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This final rule allows certain fruits and vegetables to be imported 
into the United States from certain parts of the world. State and local 
laws and regulations regarding the importation of fruits and vegetables 
under this rule will be preempted while the fruit is in foreign 
commerce. Fresh fruits and vegetables 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.

[[Page 75654]]

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 0579-0280.

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) 734-7477.

List of Subjects in 7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

0
Accordingly, we are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. 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
2. Section 319.56-1 is amended by adding, in alphabetical order, a 
definition for national plant protection organization (NPPO) to read as 
follows:


Sec.  319.56-1  Definitions.

* * * * *
    National plant protection organization (NPPO). Official service 
established by a government to discharge the functions specified by the 
International Plant Protection Convention.
* * * * *

0
3. In Sec.  319.56-2, paragraph (c) and the OMB citation at the end of 
the section are revised to read as follows:


Sec.  319.56-2  Restrictions on entry of fruits and vegetables.

* * * * *
    (c) General permit for fruits and vegetables grown in Canada. 
Fruits and vegetables grown in Canada may be imported into the United 
States without restriction under this subpart; provided, that:
    (1) Consignments of Allium spp. consisting of the whole plant or 
above ground parts must be accompanied by a phytosanitary certificate 
issued by the NPPO of Canada with an additional declaration stating 
that the articles are free from Acrolepipsis assectella (Zeller).
    (2) Potatoes from Newfoundland and that portion of the Municipality 
of Central Saanich in the Province of British Columbia east of the West 
Saanich Road are prohibited importation into the United States in 
accordance with Sec.  319.37-2 of this part.
* * * * *

(Approved by the Office of Management and Budget under control numbers 
0579-0049 and 0579-0280)


0
4. Section 319.56-2t is amended as follows:
0
a. In the table in paragraph (a), by:
0
i. Revising the following entries to read as set forth below: Under 
Belize, for rambutan; under Bermuda, for longan; under Costa Rica, for 
rambutan; under El Salvador, for loroco and rambutan; under Grenada, 
for litchi and rambutan; under Guatemala, for eggplant and rambutan; 
under Honduras, for rambutan; under Mexico, for banana and rambutan; 
under Nicaragua, for loroco and rambutan; under Panama, for eggplant 
and rambutan; under Peru, for Swiss chard; under Sierra Leone, for 
cassava; and under South Africa, for pineapple.
0
ii. Removing the following entries: Under Argentina, for endive; under 
Bolivia, for Belgian endive; under Ecuador, for radicchio; under 
Honduras, for chicory; under Nicaragua, for radicchio; under Panama, 
for Belgian endive, chicory, and endive; under Peru, for radicchio; and 
under Republic of Korea, for chard.
0
iii. Adding, in alphabetical order, the following entries to read as 
set forth below: Under Argentina, for cichorium and grape; under 
Belize, for cichorium and eggplant; under Bolivia, for cichorium; under 
Chile, for cichorium; under Colombia, for cichorium; under Costa Rica, 
for cichorium and eggplant; under Ecuador, for cichorium; under El 
Salvador, for cichorium; under French Guinea, for cichorium; under 
Guatemala, for cichorium; under Honduras, for cichorium and eggplant; 
under Israel, for New Zealand spinach; under New Zealand, for citrus; 
under Nicaragua, for cichorium; under Panama, for cichorium; under 
Peru, for cichorium; under Republic of Korea, for Swiss chard; and 
under Suriname, for cichorium.
0
iv. Adding entries for Bahamas, Brazil, French Guiana, Guyana, 
Paraguay, Uruguay, and Venezuela to read as set forth below.
0
b. In paragraph (b), by adding new paragraphs (b)(2)(v), (b)(5)(vi), 
(b)(5)(vii), and (b)(6)(v) to read as set forth below.
0
c. By revising the OMB citation at the end of the section to read as 
set forth below.


Sec.  319.56-2t  Administrative instructions: Conditions governing the 
entry of certain fruits and vegetables.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                     Additional restriction(s)
       Country/locality           Common name     Botanical name   Plant part(s)     (see paragraph (b) of this
                                                                                              section)
----------------------------------------------------------------------------------------------------------------
Argentina
 
                                                  * * * * * * *
                               Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
 
                                                  * * * * * * *
                               Grape...........  Vitis spp......  Fruit..........  (b)(1)(ii).
 
                                                  * * * * * * *
Bahamas......................  Citrus..........  Citrus spp.....  Fruit..........  (b)(5)(vi), (b)(6)(v).
 
                                                  * * * * * * *
Belize
 

[[Page 75655]]

 
                                                  * * * * * * *
                               Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
 
                                                  * * * * * * *
                               Eggplant........  Solanum          Fruit..........  (b)(3).
                                                  melongena.
 
                                                  * * * * * * *
                               Rambutan........  Nephelium        Fruit or         (b)(2)(i), (b)(5)(iii).
                                                  lappaceum.       cluster.
 
                                                  * * * * * * *
Bermuda
 
                                                  * * * * * * *
                               Longan..........  Dimocarpus       Fruit or
                                                  longan.          cluster.
 
                                                  * * * * * * *
Bolivia......................  Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
Brazil.......................  Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
Chile
 
                                                  * * * * * * *
                               Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
 
                                                  * * * * * * *
Colombia.....................  Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
 
                                                  * * * * * * *
Costa Rica
 
                                                  * * * * * * *
                               Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
 
                                                  * * * * * * *
                               Eggplant........  Solanum          Fruit..........  (b)(3).
                                                  melongena.
 
                                                  * * * * * * *
                               Rambutan........  Nephelium        Fruit or         (b)(2)(i), (b)(5)(iii).
                                                  lappaceum.       cluster.
 
                                                  * * * * * * *
Ecuador
 
                                                  * * * * * * *
                               Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
 
                                                  * * * * * * *
El Salvador
 
                                                  * * * * * * *
                               Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
 
                                                  * * * * * * *
                               Loroco..........  Fernaldia spp..  Flower and leaf
 
                                                  * * * * * * *
                               Rambutan........  Nephelium        Fruit or         (b)(2)(i), (b)(5)(iii).
                                                  lappaceum.       clusters.
 
                                                  * * * * * * *
French Guiana................  Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
 
                                                  * * * * * * *
Grenada
 
                                                  * * * * * * *
                               Litchi..........  Litchi           Fruit or
                                                  chinensis.       cluster.
 
                                                  * * * * * * *
                               Rambutan........  Nephelium        Fruit or
                                                  lappaceum.       cluster.
 
                                                  * * * * * * *
Guatemala
 
                                                  * * * * * * *
                               Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.

[[Page 75656]]

 
 
                                                  * * * * * * *
                               Eggplant........  Solanum          Fruit..........  (b)(3).
                                                  melongena.
 
                                                  * * * * * * *
                               Rambutan........  Nephelium        Fruit or         (b)(2)(i), (b)(5)(iii).
                                                  lappaceum.       cluster.
 
                                                  * * * * * * *
Guyana.......................  Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
 
                                                  * * * * * * *
Honduras
 
                                                  * * * * * * *
                               Cichorium.......  Cichorium spp..  Leaf, stems,
                                                                   and roots.
 
                                                  * * * * * * *
                               Eggplant........  Solanum          Fruit..........  (b)(3).
                                                  melongena.
 
                                                  * * * * * * *
                               Rambutan........  Nephelium        Fruit or         (b)(2)(i), (b)(5)(iii).
                                                  lappaceum.       cluster.
 
                                                  * * * * * * *
Israel
 
                                                  * * * * * * *
                               New Zealand       Tetragonia       Leaves.........
                                spinach.          tetragonioides.
 
                                                  * * * * * * *
Mexico
 
                                                  * * * * * * *
                               Banana..........  Musa spp.......  Flower and leaf
 
                                                  * * * * * * *
                               Rambutan........  Nephelium        Fruit or         (b)(2)(i), (b)(5)(iii).
                                                  lappaceum.       cluster.
 
                                                  * * * * * * *
New Zealand
 
                                                  * * * * * * *
                               Citrus..........  Citrus spp.....  Fruit..........  (b)(3), (b)(5)(vii).
 
                                                  * * * * * * *
Nicaragua....................  Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
 
                                                  * * * * * * *
                               Loroco..........  Fernaldia spp..  Flower and leaf
 
                                                  * * * * * * *
                               Rambutan........  Nephelium        Fruit or         (b)(2)(i), (b)(5)(iii).
                                                  lappaceum.       cluster.
 
                                                  * * * * * * *
Panama
 
                                                  * * * * * * *
                               Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
                               Eggplant........  Solanum          Fruit..........  (b)(3).
                                                  melongena.
 
                                                  * * * * * * *
                               Rambutan........  Nephelium        Fruit or         (b)(2)(i), (b)(5)(iii).
                                                  lappaceum.       cluster.
 
                                                  * * * * * * *
Paraguay.....................  Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
Peru
 
                                                  * * * * * * *
                               Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
 
                                                  * * * * * * *
                               Swiss chard.....  Beta vulgaris    Leaf and stem..
                                                  subsp. cicla.
 

[[Page 75657]]

 
                                                  * * * * * * *
Republic of Korea
 
                                                  * * * * * * *
                               Swiss chard.....  Beta vulgaris    Leaf and stem..
                                                  subsp. cicla.
 
                                                  * * * * * * *
Sierra Leone.................  Cassava.........  Manihot          Leaf and root..  .............................
                                                  esculenta.
 
                                                  * * * * * * *
South Africa
 
                                                  * * * * * * *
                               Pineapple.......  Ananas spp.....  Fruit..........  (b)(2)(v).
 
                                                  * * * * * * *
Suriname
 
                                                  * * * * * * *
                               Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
 
                                                  * * * * * * *
Uruguay......................  Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
Venezuela....................  Cichorium.......  Cichorium spp..  Leaves, stems,
                                                                   and roots.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (b) * * *
    (2) * * *
    (v) Prohibited entry into Puerto Rico, Virgin Islands, Northern 
Mariana Islands, Hawaii, and Guam. Cartons in which commodity is packed 
must be stamped ``For distribution in the continental United States 
only.''
* * * * *
    (5) * * *
    (vi) Must be accompanied by a phytosanitary certificate issued by 
the NPPO of the country of origin with an additional declaration 
stating that the fruit is from an area where citrus canker (Xanthomonas 
citri (Hasse) Dowson) is not known to occur.
    (vii) Must be accompanied by a phytosanitary certificate issued by 
the NPPO of the country of origin and with an additional declaration 
stating that the fruit is free from Cnephasia jactatana, Coscinoptycha 
improbana, Ctenopseustis obliquana, Epiphyas postvittana, Pezothrips 
kellyanus, and Planotortrix excessana; must undergo a port of entry 
inspection with a biometric sampling of 100 percent of 30 boxes 
selected randomly from each shipment; and the randomly selected boxes 
must be examined for hitchhiking pests.
    (6) * * *
    (v) Grapefruit (Citrus paradisi), lemon (Citrus limon), orange 
(Citrus sinensis), and tangelo (Citrus reticulata) only.


(Approved by the Office of Management and Budget under control numbers 
0579-0049, 0579-0236, 0579-0264, and 0579-0280)

0
5. In Sec.  319.56-2x, the table in paragraph (a) is amended as 
follows:
0
a. By revising the following entries to read as set forth below: Under 
China, for litchi and longan; under India, for litchi; under Israel, 
for litchi; and under Taiwan, for litchi.
0
b. By removing, under El Salvador, the entry for garden bean and by 
adding, in alphabetical order, the following entries to read as set 
forth below: Under Argentina, for grape; under Chile, for lemons; and 
under El Salvador, for green bean.
0
c. By adding, in alphabetical order, entries for Italy and the Republic 
of South Africa to read as set forth below.


Sec.  319.56-2x  Administrative instructions; conditions governing the 
entry of certain fruits and vegetables for which treatment is required.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
          Country/locality                 Common name           Botanical name             Plant part(s)
----------------------------------------------------------------------------------------------------------------
Argentina
 
                                                  * * * * * * *
                                     Grape.................  Vitis spp.............  Fruit. (Treatment for
                                                                                      Anastrepha spp. fruit
                                                                                      flies and Medfly not
                                                                                      required if fruit is grown
                                                                                      in a fruit fly-free area
                                                                                      (see Sec.   319.56-2(j)).
 
                                                  * * * * * * *
Chile..............................  Lemon.................  Citrus limon..........  Fruit.
 
                                                  * * * * * * *
China..............................  Litchi................  Litchi chinensis......  Fruit or cluster.
                                                                                      (Prohibited entry into
                                                                                      Florida due to litchi rust
                                                                                      mite. Cartons in which
                                                                                      litchi are packed must be
                                                                                      stamped ``Not for
                                                                                      importation into or
                                                                                      distribution in FL.'')
                                     Longan................  Dimocarpus longan.....  Fruit or cluster
 

[[Page 75658]]

 
                                                  * * * * * * *
El Salvador........................  Green bean............  Phaseolus vulgaris....  Pod or shelled.
 
                                                  * * * * * * *
India..............................  Litchi................  Litchi chinensis......  Fruit or cluster
                                                                                      (Prohibited entry into
                                                                                      Florida due to litchi rust
                                                                                      mite. Cartons in which
                                                                                      litchi are packed must be
                                                                                      stamped ``Not for
                                                                                      importation into or
                                                                                      distribution in FL.'')
Israel
 
                                                  * * * * * * *
                                     Litchi................  Litchi chinensis......  Fruit or cluster.
                                                                                      (Prohibited entry into
                                                                                      Florida due to litchi rust
                                                                                      mite. Cartons in which
                                                                                      litchi are packed must be
                                                                                      stamped ``Not for
                                                                                      importation into or
                                                                                      distribution in FL.'')
 
                                                  * * * * * * *
Italy..............................  Kiwi..................  Actinidia deliciosa...  Fruit.
 
                                                  * * * * * * *
Republic of South Africa...........  Apple.................  Malus domestica.......  Fruit.
                                     Grape.................  Vitis spp.............  Fruit.
 
                                                  * * * * * * *
Taiwan
 
                                                  * * * * * * *
                                     Litchi................  Litchi chinensis......  Fruit or cluster.
                                                                                      (Prohibited entry into
                                                                                      Florida due to litchi rust
                                                                                      mite. Cartons in which
                                                                                      litchi are packed must be
                                                                                      stamped ``Not for
                                                                                      importation into or
                                                                                      distribution in FL.'')
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
6. Section 319.56-2dd is amended as follows:
0
a. By revising the introductory text of paragraph (d) to read as set 
forth below.
0
b. By redesignating paragraphs (d)(1), (d)(2), and (d)(3) as paragraphs 
(d)(1)(i), (d)(1)(ii), and (d)(1)(iii), respectively, and by adding new 
introductory text of paragraph (d)(1) to read as set forth below.
0
c. In newly redesignated paragraph (d)(1)(iii), in the first sentence, 
by adding the words ``with treatment in accordance with this paragraph 
(d)(1)'' after the word ``Chile''.
0
d. By adding a new paragraph (d)(2) to read as set forth below.
0
e. By revising the OMB citation at the end of the section to read as 
set forth below.


Sec.  319.56-2dd  Administrative instructions: conditions governing the 
entry of tomatoes.

* * * * *
    (d) Tomatoes from Chile. Tomatoes (fruit) (Lycopersicon esculentum) 
from Chile, whether green or at any stage of ripeness, may be imported 
into the United States with treatment in accordance with paragraph 
(d)(1) of this section or if produced in accordance with the systems 
approach described in paragraph (d)(2) of this section.
    (1) With treatment. * * *
    (2) Systems approach. The tomatoes may be imported without 
fumigation for Tuta absoluta, Rhagoletis tomatis, and Mediterranean 
fruit fly (Medfly, Ceratitis capitata) if they meet the following 
conditions:
    (i) The tomatoes must be grown in approved production sites that 
are registered with SAG. Initial approval of the production sites will 
be completed jointly by SAG and APHIS. SAG will visit and inspect the 
production sites monthly, starting 2 months before harvest and continue 
until the end of the shipping season. APHIS may monitor the production 
sites at any time during this period.
    (ii) Tomato production sites must consist of pest-exclusionary 
greenhouses, which must have self-closing double doors and have all 
other openings and vents covered with 1.6 mm (or less) screening.
    (iii) The tomatoes must originate from a Medfly free area (see 
Sec.  319.56-2(j)) of Chile or an area where Medfly trapping occurs. 
Production sites in areas where Medfly is known to occur must contain 
traps for both Medfly and Rhagoletis tomatis in accordance with 
paragraphs (d)(2)(iii) and (d)(2)(iv) of this section. Production sites 
in all other areas do not require trapping for Medfly. The trapping 
protocol for the detection of Medfly in infested areas is as follows:
    (A) McPhail traps with an approved protein bait must be used within 
registered greenhouses. Traps must be placed inside greenhouses at a 
density of 4 traps/10 ha, with a minimum of at least two traps per 
greenhouse.
    (B) Medfly traps with trimedlure must be placed inside a buffer 
area 500 meters wide around the registered production site, at a 
density of 1 trap/10 ha and a minimum of 10 traps. These traps must be 
checked at least every 7 days. At least one of these traps must be near 
a greenhouse. Traps must be set for at least 2 months before export and 
trapping and continue to the end of the harvest season.
    (C) Medfly prevalence levels in the surrounding areas must be 0.7 
Medflies per trap per week or lower. If levels exceed this before 
harvest, the production site will be prohibited from shipping under the 
systems approach. If the levels exceed this after the 2 months prior to 
harvest, the production site would be prohibited from shipping under 
the systems approach until APHIS and the NPPO of Chile agree that the 
pest risk has been mitigated.
    (iv) Registered production sites must contain traps for Rhagoletis 
tomatis in

[[Page 75659]]

accordance with the following provisions:
    (A) McPhail traps with an approved protein bait must be used within 
registered greenhouses. Traps must be placed inside greenhouses at a 
density of 4 traps/10 ha, with a minimum of at least two traps per 
greenhouse. Traps inside greenhouses will use the same bait for Medfly 
and Rhagoletis tomatis because the bait used for R. tomatis is 
sufficient for attracting both types of fruit fly within the confines 
of a greenhouse; therefore, it is unnecessary to repeat this trapping 
protocol in production sites in areas where Medfly is known to occur.
    (B) McPhail traps with an approved protein bait must be placed 
inside a 500 meter buffer zone at a density of 1 trap/10 ha surrounding 
the production site. At least one of the traps must be near a 
greenhouse. Traps must be set for at least 2 months before export until 
the end of the harvest season and must be checked at least every 7 
days. In areas where Medfly trapping is required, traps located outside 
of greenhouses must contain different baits for Medfly and Rhagoletis 
tomatis. There is only one approved bait for R. tomatis and the bait is 
not strong enough to lure Medfly when used outside greenhouses; 
therefore, separate traps must be used for each type of fruit fly 
present in the area surrounding the greenhouses.
    (C) If within 30 days of harvest a single Rhagoletis tomatis is 
captured inside the greenhouse or in a consignment or if two R. tomatis 
are captured or detected in the buffer zone, shipments from the 
production site will be suspended until APHIS and SAG determine that 
risk mitigation is achieved.
    (v) Registered production sites must conduct regular inspections 
for Tuta absoluta throughout the harvest season and find these areas 
free of T. absoluta evidence (e.g., eggs or larvae). If within 30 days 
of harvest, two Tuta absoluta are captured inside the greenhouse or a 
single T. absoluta is found inside the fruit or in a consignment, 
shipments from the production site would be suspended until APHIS and 
SAG determine that risk mitigation is achieved.
    (vi) SAG will ensure that populations of Liriomyza huidobrensis 
inside greenhouses are well managed by doing inspections during the 
monthly visits specifically for L. huidobrensis mines in the leaves and 
for visible external pupae or adults. If L. huidobrensis is found to be 
generally infesting the production site, shipments from the production 
site would be suspended until APHIS and SAG agree that risk mitigation 
is achieved.
    (vii) All traps must be placed at least 2 months prior to harvest 
and be maintained throughout the harvest season and be monitored and 
serviced weekly.
    (viii) SAG must maintain records of trap placement, checking of 
traps, and of any Rhagoletis tomatis or Tuta absoluta captures for 1 
year for APHIS review. SAG must maintain an APHIS approved quality 
control program to monitor or audit the trapping program. APHIS must be 
notified when a production site is removed from or added to the 
program.
    (ix) The tomatoes must be packed within 24 hours of harvest in a 
pest-exclusionary packinghouse. The tomatoes must be safeguarded by a 
pest-proof screen or plastic tarpaulin while in transit to the 
packinghouse and while awaiting packing. Tomatoes must be packed in 
insect-proof cartons or containers or covered with insect-proof mesh or 
plastic tarpaulin for transit to the United States. These safeguards 
must remain intact until arrival in the United States.
    (x) During the time the packinghouse is in use for exporting fruit 
to the United States, the packinghouse may only accept fruit from 
registered approved production sites.
    (xi) SAG is responsible for export certification inspection and 
issuance of phytosanitary certificates. Each shipment of tomatoes must 
be accompanied by a phytosanitary certificate issued by SAG with an 
additional declaration, ``These tomatoes were grown in an approved 
production site in Chile.'' The shipping box must be labeled with the 
identity of the production site.
* * * * *


(Approved by the Office of Management and Budget under control numbers 
0579-0049, 0579-0131, 0579-0280, and 0579-0286)


0
7. Section 319.56-2ii is amended as follows:
0
a. By revising paragraph (a) to read as set forth below.
0
b. In paragraph (d), by adding a new sentence at the end of the 
paragraph to read as set forth below.
0
c. By revising paragraph (e) to read as set forth below.
0
d. By adding an OMB citation at the end of the section to read as set 
forth below.


Sec.  319.56-2ii  Administrative instructions: conditions governing the 
entry of mangoes from the Philippines.

* * * * *
    (a) Mangoes grown on the island of Guimaras, which the 
Administrator has determined meet the criteria set forth in Sec.  
319.56-2(e)(4) and Sec.  319.56-2(f) with regard to the mango seed 
weevil (Sternochetus mangiferae), are eligible for importation into all 
areas of the United States. Mangoes from all other areas of the 
Philippines except Palawan are eligible for importation into Hawaii and 
Guam only. Mangoes from Palawan are not eligible for importation into 
the United States.
* * * * *
    (d) * * * Shipments originating from approved areas other than 
Guimaras must be labeled ``For distribution in Guam and Hawaii only.''
    (e) Phytosanitary certificate. Mangoes originating from all 
approved areas must be accompanied by a phytosanitary certificate 
issued by the Republic of the Philippines Department of Agriculture 
that contains an additional declaration stating that the mangoes have 
been treated for fruit flies of the genus Bactrocera in accordance with 
paragraph (b) of this section. Phytosanitary certificates accompanying 
shipments of mangoes originating from the island of Guimaras must also 
contain an additional declaration stating that the mangoes were grown 
on the island of Guimaras.
* * * * *

(Approved by the Office of Management and Budget under control numbers 
0579-0172 and 0579-0280)

    Done in Washington, DC, this 12th day of December 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-21496 Filed 12-15-06; 8:45 am]
BILLING CODE 3410-34-P